Parcel G1 Sewer Lift Station Bid Package - Garney Construction

Parcel G1 Sewer Lift Station Bid Package - Garney Construction Parcel G1 Sewer Lift Station Bid Package - Garney Construction

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Section 1 INVITATION FOR BID Parcel G1Sewer Lift Station AWH Construction, Inc. 6720 N. Scottsdale Road, Suite 160 Scottsdale, AZ 85253 Attn: Troy Mortensen Telephone: (623) 243-9732 Fax: (480) 718-8880 Plans and Bid Documents For Parcel G1 at Vistancia - Sewer Lift Station Work March 5, 2013 Page 1 of 26

Section 1<br />

INVITATION FOR BID<br />

<strong>Parcel</strong> <strong>G1</strong> – <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong><br />

AWH <strong>Construction</strong>, Inc.<br />

6720 N. Scottsdale Road, Suite 160<br />

Scottsdale, AZ 85253<br />

Attn: Troy Mortensen<br />

Telephone: (623) 243-9732<br />

Fax: (480) 718-8880<br />

Plans and <strong>Bid</strong> Documents<br />

For<br />

<strong>Parcel</strong> <strong>G1</strong> at Vistancia -<br />

<strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong> Work<br />

March 5, 2013<br />

Page 1 of 26


Section 1<br />

INVITATION FOR BID<br />

<strong>Parcel</strong> <strong>G1</strong> – <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong><br />

AWH <strong>Construction</strong>, Inc.<br />

6720 N. Scottsdale Road, Suite 160<br />

Scottsdale, AZ 85253<br />

Attn: Troy Mortensen<br />

Telephone: (623) 243-9732<br />

Fax: (480) 718-8880<br />

TABLE OF CONTENTS<br />

Section No.<br />

1. INVITATION FOR BID Page 3<br />

2. PROJECT INFORMATION Page 4<br />

3. INSTRUCTIONS TO BIDDERS Pages 5 – 8<br />

4. SPECIAL PROVISIONS Pages 9 – 11<br />

5. BID FORMS Pages 12-14<br />

6. GENERAL REQUIREMENTS Pages 15-25<br />

7. ATTACHMENTS Page 26<br />

Page 2 of 26


Section 1<br />

INVITATION FOR BID<br />

<strong>Parcel</strong> <strong>G1</strong> – <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong><br />

AWH <strong>Construction</strong>, Inc.<br />

6720 N. Scottsdale Road, Suite 160<br />

Scottsdale, AZ 85253<br />

Attn: Troy Mortensen<br />

Telephone: (623) 243-9732<br />

Fax: (480) 718-8880<br />

Plans and <strong>Bid</strong> Documents<br />

Solicitation Description:<br />

Vistancia <strong>Parcel</strong> <strong>G1</strong> –<br />

<strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong> Work<br />

<strong>Bid</strong> Date: Friday, March 29, 2013 2:00 PM (See Page 4)<br />

Pre <strong>Bid</strong>: Tuesday, March 12, 2013<br />

9:00 AM<br />

The plans are available for download from: ftp://sharedfiles.sunbeltholdings.com/<br />

Plans and Specifications prepared by:<br />

<strong>Lift</strong> <strong>Station</strong> Plans<br />

Wilson Engineers<br />

9633 South 48 th Street, Suite 290<br />

Phoenix, AZ 85044<br />

Civil Improvement Plans<br />

Stanley Consultants, Inc.<br />

1661 E. Camelback Road, Suite 400<br />

Phoenix, AZ 85016<br />

FTP Site Instructions:<br />

Step 1: Right click on your Start button in the lower<br />

left corner of your desktop, then click Explore.<br />

Step 2: Type in:<br />

ftp://sharedfiles.sunbeltholdings.com/<br />

Step 3: You will be prompted for a username &<br />

password.<br />

The username is awhbids, The password is awhbids.<br />

Step 4: Once logged in you will be able to copy and<br />

paste the files to your computer.<br />

Page 3 of 26


Section 2<br />

PROJECT INFORMATION<br />

<strong>Parcel</strong> <strong>G1</strong> – <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong><br />

AWH <strong>Construction</strong>, Inc.<br />

6720 N. Scottsdale Road, Suite 160<br />

Scottsdale, AZ 85253<br />

Attn: Troy Mortensen<br />

Telephone: (623) 243-9732<br />

Fax: (480) 718-8880<br />

PROJECT:<br />

<strong>Parcel</strong> <strong>G1</strong> is a single family subdivision consisting of 130 lots, located west of 137 th Drive and south of Lone<br />

Mountain Road, within the Master Planned Community of Vistancia.<br />

LOCATION:<br />

Southwest corner of 137 th Drive and Lone Mountain Road, Peoria, AZ 85383<br />

BID PACKAGE FOR:<br />

• <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong> Work<br />

BID DATE: 2:00 p.m., Friday, March 29, 2013<br />

PREBID DATE: 9:30 a.m., Tuesday, March 12, 2013<br />

PROPERTY OWNERS and ASSOCIATED REPRESENTATIVES<br />

Mattamy Arizona, LLC<br />

9200 E. Pima Center Parkway, Suite 180<br />

Scottsdale, AZ 85258<br />

CONSTRUCTION MANAGER<br />

AWH CONSTRUCTION, INC.<br />

6720 N. Scottsdale Road, Suite 160<br />

Scottsdale, AZ 85253<br />

Phone: 623-243-9732<br />

Fax: 480-718-8880<br />

Attn: Troy Mortensen<br />

CIVIL ENGINEERING:<br />

Stanley Consultants, Inc.<br />

LANDSCAPE ARCHITECT:<br />

Atwell<br />

GEOTECHNICAL ENGINEER:<br />

Alpha Geotechnical & Materials<br />

SURVEYOR:<br />

By Subcontractor<br />

INSPECTING AUTHORITY:<br />

City of Peoria<br />

Wilson Engineers<br />

Page 4 of 26


Section 3<br />

INSTRUCTIONS TO BIDDERS<br />

<strong>Parcel</strong> <strong>G1</strong> – <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong><br />

AWH <strong>Construction</strong>, Inc.<br />

6720 N. Scottsdale Road, Suite 160<br />

Scottsdale, AZ 85253<br />

Attn: Troy Mortensen<br />

Telephone: (623) 243-9732<br />

Fax: (480) 718-8880<br />

1. BID DATE AND TIME TO DELIVER BIDS<br />

INSTRUCTIONS TO BIDDERS<br />

The competitive sealed <strong>Bid</strong>s are to be delivered (or emailed) Friday, March 29, 2013 by 2:00 p.m. to the<br />

Vistancia office located at 28620 N. El Mirage Road, Suite 102, Peoria, AZ 85383 Attn: Jeremy<br />

Johnson or emailed to jjohnson@sunbeltholdings.com<br />

Late bids will not be considered. A vendor submitting a late bid shall be so notified.<br />

<strong>Bid</strong>s shall be in the actual possession of “AWH <strong>Construction</strong>, Inc.” on or prior to the exact date and time<br />

indicated above. <strong>Bid</strong>s shall be submitted in a sealed envelope with the Invitation for <strong>Bid</strong> number and<br />

the bidder’s name and address clearly indicated on the front of the envelope. Email submission of<br />

the required bid documents is allowed, prior to the bid date/time.<br />

All bids shall be completed in ink or typewritten. <strong>Bid</strong>ders are strongly encouraged to carefully read the entire<br />

Invitation for <strong>Bid</strong> <strong>Package</strong>.<br />

AWH <strong>Construction</strong>, Inc. may hold bid offer open for forty-five (45) calendar days after the receipt of the bids.<br />

AWH <strong>Construction</strong>, Inc. reserves the right to:<br />

i. Waive any immaterial defect or informality: or<br />

ii. Reject any or all bids, or portions thereof, or<br />

iii. Reissue an Invitation For <strong>Bid</strong>.<br />

A response by a Subcontractor is an offer to contract with AWH <strong>Construction</strong>, Inc. based upon the terms,<br />

conditions and specifications contained in this <strong>Bid</strong> <strong>Package</strong> and the written amendments thereto, if any.<br />

<strong>Bid</strong>(s) do not become contract(s) unless and until the Owner accepts the bid(s). At which time, AWH<br />

<strong>Construction</strong>, Inc. will prepare the Subcontract Agreement, included in Section 7 “Attachments”.<br />

The lowest responsive bid is the primary consideration for acceptance.<br />

2. PREBID CONFERENCE<br />

A Pre-bid Conference is scheduled for Tuesday, March 12, 2013 at 9:30 a.m. with the AWH <strong>Construction</strong><br />

Manager. Perspective bidders are strongly encouraged to attend this meeting.<br />

Location: 28620 N. El Mirage Road, Suite 102, Peoria, AZ 85383<br />

• Northwest corner of Vistancia Blvd and El Mirage Road<br />

Page 5 of 26


Section 3<br />

INSTRUCTIONS TO BIDDERS<br />

<strong>Parcel</strong> <strong>G1</strong> – <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong><br />

AWH <strong>Construction</strong>, Inc.<br />

6720 N. Scottsdale Road, Suite 160<br />

Scottsdale, AZ 85253<br />

Attn: Troy Mortensen<br />

Telephone: (623) 243-9732<br />

Fax: (480) 718-8880<br />

3. SUBCONTRACTOR BID QUESTIONS AND OR CLARIFICATIONS<br />

A. Subcontractor is encouraged to visit the site to determine the current state of the existing project.<br />

Failure to do so will not relieve the bidder from the responsibility of estimating the cost to<br />

successfully perform the work. The Engineer’s estimated quantities shown on the drawings are not<br />

verified and each bidder shall be responsible for their own estimated quantities.<br />

B. Each Subcontractor responding to the invitation to bid for this work is responsible to examine the<br />

entire bid package described under <strong>Bid</strong> Solicitation and familiarize themselves with all Instructions,<br />

including these Instructions to <strong>Bid</strong>ders, Special Provisions, <strong>Bid</strong> Form, General Requirements,<br />

Schedule Requirements, the Agreement between AWH <strong>Construction</strong>, Inc. and Subcontractor, and all<br />

referenced Attachments, and check all responses for accuracy before submitting a bid.<br />

C. The Special Provisions and General Requirements are provided to aid with the discernment of the<br />

construction documents. The Subcontract Agreement supersedes any conflict between these<br />

documents unless the explanation provided specifically states that the clarification takes precedents<br />

over the Subcontract Agreement.<br />

D. During the bidding period, bidders may be furnished addenda for additions or alterations to the <strong>Bid</strong><br />

<strong>Package</strong> Instructions, Plans or Specifications. Such addenda shall be considered a part of the<br />

Contract Documents and any work required by the addenda shall be included in the work covered by<br />

the Subcontractor’s bid proposal.<br />

E. Any written question desired by a bidder regarding the meaning and interpretation of the Contract<br />

Documents or the Instructions to <strong>Bid</strong>ders must be submitted in writing at least three (3) working<br />

days prior to the bid date to Jeremy Johnson. A Subcontractor may make any inquiries or request<br />

clarification to the information described under this <strong>Bid</strong> <strong>Package</strong> by email to<br />

jjohnson@sunbeltholdings.com.<br />

F. Any answer or clarification to a submitted question will be in the form of an amendment and will be<br />

furnished to all <strong>Bid</strong> <strong>Package</strong> Holders on record. Receipt must be acknowledged on the <strong>Bid</strong> Form,<br />

and it is the responsibility of each bidder to check with Jeremy Johnson prior to submitting their bid<br />

to see what addenda (if any) have been issued. Oral explanation given before bid date will not be<br />

binding unless Subcontractor qualifies their understanding of the explanation in writing with their bid.<br />

G. If price is a consideration and in case of error in the extension of prices in the bid, the unit price<br />

multiplied by the quantity shall govern.<br />

H. Periods of time, stated as a number of days, shall be calendar days.<br />

4. PREPARATION OF BID<br />

A. <strong>Bid</strong>s are to be prepared on the applicable AWH <strong>Construction</strong>, Inc. <strong>Bid</strong> Forms under Section 5<br />

provided herein. It is permissible to copy these forms if required. Electronic mail (email) of a<br />

Subcontractor’s bid is acceptable.<br />

B. <strong>Bid</strong>ders are to include with the <strong>Bid</strong> Form their itemized schedule of values using the attached<br />

“Exhibit B” form titled “<strong>Bid</strong> Proposal Extension for Vistancia <strong>G1</strong> <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong> Work” for<br />

the category of work being bid. There is one (1) Exhibit B for the work described herein and it is<br />

Page 6 of 26


Section 3<br />

INSTRUCTIONS TO BIDDERS<br />

<strong>Parcel</strong> <strong>G1</strong> – <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong><br />

AWH <strong>Construction</strong>, Inc.<br />

6720 N. Scottsdale Road, Suite 160<br />

Scottsdale, AZ 85253<br />

Attn: Troy Mortensen<br />

Telephone: (623) 243-9732<br />

Fax: (480) 718-8880<br />

provided under Section 7, “Attachments.”<br />

available on the FTP site.<br />

Electronic copies of the <strong>Bid</strong> Proposal Extension are<br />

C. Include the cost within the <strong>Bid</strong> for a Performance and Payment Bond (if required) where<br />

indicated under Exhibit B in accordance with the Special Provisions and General Requirements.<br />

D. Attach documentation from the Subcontractor’s Insurance Company certifying the <strong>Bid</strong>ding<br />

Subcontractor’s current “Experience Modification Rating” (EMOD). AWH <strong>Construction</strong>, Inc. will<br />

not accept a Subcontractor’s <strong>Bid</strong> if the EMOD rating is greater than 1.25.<br />

E. Attach a copy of your State of Arizona Contractor’s License to your bid submittal.<br />

F. Attach a copy of your City of Peoria Business License to your bid submittal.<br />

G. Attach additional requested pricing (if applicable) on Subcontractor’s letterhead of: 1) Operated<br />

Equipment Rates, 2) requested unit prices (if applicable), and 3) requested alternate prices (if<br />

applicable) to your bid submittal. Refer to the Special Provisions.<br />

H. This Subcontractor is responsible to estimate their actual quantities in the categories given based on<br />

the listed Exhibit ‘C’ Plans and Specifications.<br />

I. The Subcontractor may not add to or alter the listed line item categories under the Exhibit ‘B’ <strong>Bid</strong><br />

Proposal Extensions. If a specific category in the scope of work was overlooked, notify AWH<br />

<strong>Construction</strong>, Inc. A revised Exhibit ‘B’ will be provided to all by amendment if necessary.<br />

J. The Subcontractor’s bid as submitted under the attached Exhibit ‘B’ is not to have the appearance<br />

on the face of the bid of being “Front Loaded”. Front loading is defined as over exaggerating an<br />

estimate on one or more line items that is planned to start at the beginning of the project that is offset<br />

by an under estimate of one or more line items that is planned to start later in the project.<br />

K. Complete the applicable EXHIBIT ‘B’ in its entirety including the requested alternate pricing (if<br />

requested under the Special Provisions).<br />

L. Initial by the authorized person signing the BID FORM / OFFER in original ink any erasures,<br />

interlineations, or other modifications made by the Subcontractor to their bid.<br />

M. Failure to comply with the above mentioned items under “PREPARATION OF BID” is grounds for<br />

rejecting a Subcontractor’s bid.<br />

5. GUARANTEED PRICE DURATION<br />

A. This Subcontractor agrees to hold bid prices a minimum forty-five (45) calendar days after the bid<br />

receipt date.<br />

B. Once contracted, Subcontractor will hold bid prices a minimum ninety (90) calendar days after the<br />

scheduled start date in the event the scheduled start date is delayed.<br />

C. Once contract work commences, Subcontractor agrees to hold prices until contract work is<br />

completed.<br />

Page 7 of 26


Section 3<br />

INSTRUCTIONS TO BIDDERS<br />

<strong>Parcel</strong> <strong>G1</strong> – <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong><br />

AWH <strong>Construction</strong>, Inc.<br />

6720 N. Scottsdale Road, Suite 160<br />

Scottsdale, AZ 85253<br />

Attn: Troy Mortensen<br />

Telephone: (623) 243-9732<br />

Fax: (480) 718-8880<br />

6. ATTACHMENTS<br />

The Subcontractor shall strictly adhere to all attachment documents for the purpose of bidding and/or<br />

performing work on this project. See Section 7 “ATTACHMENTS” for a Table of Contents listing of all<br />

attachments.<br />

7. BID WITHDRAWAL, ALTERATIONS AND OR AMENDMENTS<br />

A. A Subcontractor (or designated representative) may withdraw their bid at any time prior to the<br />

specified bid due date and time. Telegraphic (facsimile) or electronic (email) bid withdrawals will not<br />

be considered.<br />

B. No bid may be altered, amended, or withdrawn after the specified bid due date and time.<br />

8. SUBCONTRACT AWARD<br />

The subcontract agreement will be between AWH <strong>Construction</strong>, Inc. and the successful bidder. The award of<br />

this subcontract agreement for the work described herein will be lump sum and not considered a unit price<br />

contract. A copy of the Subcontract Agreement is attached for reference and information under Section 7<br />

“ATTACHMENTS”. It is the responsibility of the Subcontractor to familiarize themselves with this document<br />

prior to submitting their bid. Note: There will be no additions, exceptions or exclusions to the<br />

boilerplate language of the Subcontract Agreement and the referenced Exhibits.<br />

Page 8 of 26


Section 4<br />

SPECIAL PROVISIONS<br />

<strong>Parcel</strong> <strong>G1</strong> – <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong><br />

AWH <strong>Construction</strong>, Inc.<br />

6720 N. Scottsdale Road, Suite 160<br />

Scottsdale, AZ 85253<br />

Attn: Troy Mortensen<br />

Telephone: (623) 243-9732<br />

Fax: (480) 718-8880<br />

1. GENERAL SCOPE OF BASE BIDS:<br />

SPECIAL PROVISIONS<br />

to<br />

<strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong> Work for<br />

Vistancia <strong>Parcel</strong> <strong>G1</strong><br />

The intent of this <strong>Bid</strong> <strong>Package</strong> is to solicit one (1) Lump Sum price from Subcontractors for the<br />

Vistancia <strong>Parcel</strong> <strong>G1</strong> <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong> Work described here-in. The Lump Sum price(s) will be<br />

derived by the Subcontractor’s provided quantities and unit prices listed in the following applicable<br />

Exhibit ‘B’ documents:<br />

1. <strong>Bid</strong> Proposal Extension for Vistancia <strong>Parcel</strong> <strong>G1</strong> <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong> Work<br />

Estimate all work according to the plans and specifications, and specific inclusions and exclusions<br />

listed below. Submit bids using the attached, applicable <strong>Bid</strong> Form (No. 1) and according to the<br />

categories listed on the applicable Exhibit ‘B’ document listed above.<br />

Price the applicable work to exclude Sales Tax. See “Sales Tax” under Section 7 “General<br />

Requirements” for additional sales tax information.<br />

Existing Conditions<br />

A. The site will be graded as shown on the <strong>Parcel</strong> <strong>G1</strong> Grading Plans prior to the lift station<br />

contractor mobilizing.<br />

1. DRAWINGS AND SPECIFICATIONS:<br />

All work described below shall be primarily in complete accordance with the following:<br />

A. Drawings and Specifications (Refer to Exhibit ‘C’ under Section 7 “ATTACHMENTS” for a<br />

specific drawing detail listing).<br />

1. Vistancia <strong>Parcel</strong> G-1 Wastewater <strong>Lift</strong> <strong>Station</strong> Plans prepared by Wilson Engineers,<br />

approved by the City of Peoria on 12/13/2011.<br />

2. Specifications for Vistancia, LLC <strong>Parcel</strong> G-1 Wastewater <strong>Lift</strong> <strong>Station</strong> prepared by Wilson<br />

Engineers dated November 2011.<br />

3. Latest City of Peoria Infrastructure Design Guide.<br />

4. Latest City of Peoria Supplement to Maricopa Association of Governments Uniform<br />

Standard Details.<br />

5. Latest Maricopa Association of Governments (MAG) Uniform Standard Specifications and<br />

Details.<br />

B. Geotechnical (Soils) Reports<br />

Page 9 of 26


Section 4<br />

SPECIAL PROVISIONS<br />

<strong>Parcel</strong> <strong>G1</strong> – <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong><br />

AWH <strong>Construction</strong>, Inc.<br />

6720 N. Scottsdale Road, Suite 160<br />

Scottsdale, AZ 85253<br />

Attn: Troy Mortensen<br />

Telephone: (623) 243-9732<br />

Fax: (480) 718-8880<br />

1. Geotechnical Subsurface Explorations for Vistancia <strong>Parcel</strong> <strong>G1</strong>A, <strong>G1</strong>B and <strong>G1</strong>C by Alpha<br />

Geotechnical & Materials, Inc., project # 04-G-00105 dated 10/4/2004.<br />

C. <strong>Construction</strong> Schedule<br />

1. Included as Exhibit ‘D’ in Section 7 – Attachments.<br />

2. GENERAL INCLUSIONS<br />

A. The following General Provisions are included for all Specific Categories of Work<br />

Described Below:<br />

1. AWH <strong>Construction</strong>, Inc. will pull the City of Peoria permits for the applicable scopes of<br />

work. The successful bidder will be named to the applicable permit and will assume<br />

responsibility of AWH <strong>Construction</strong>, Inc. as the primary Permittee. See General<br />

Requirements for all other applicable permit responsibilities.<br />

2. After all applicable permits are obtained; the successful Subcontractor shall schedule a<br />

pre-construction meeting with AWH, the City of Peoria Inspector, Geotechnical Engineer<br />

(also the Engineer of Record) and the successful Subcontractor’s field staff who the<br />

Subcontractor is designating to run the work.<br />

3. Participate with AWH <strong>Construction</strong>, Inc. all necessary time to perform Preliminary and<br />

Final Walks of this Subcontractor’s scope of work to verify compliance with the contract<br />

requirements.<br />

4. Perform all punch list work in a timely manor that is generated from the preliminary and<br />

final walks.<br />

5. Participate with AWH <strong>Construction</strong>, Inc. and provide sufficient time and labor to perform<br />

the 1-Year Warranty Walk with the City of Peoria for the Subcontractor’s applicable scope<br />

of work. Perform all warranty punch list work in a timely manor.<br />

6. Subcontractor shall adhere to all provisions in MAG Section 105.<br />

3. SPECIFIC INCLUSIONS<br />

Perform all <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong> Work shown on the Vistancia <strong>Parcel</strong> G-1 Wastewater <strong>Lift</strong> <strong>Station</strong><br />

Plans and Specifications including, but not necessarily limited to the following:<br />

1. The complete “Summary of Work” described in Section 01010 of the Specifications is<br />

included in this scope of work. In the case where the Specifications differ or are in<br />

conflict with the AWH Subcontract Agreement or this <strong>Bid</strong> <strong>Package</strong>, the Subcontract<br />

Agreement and/or <strong>Bid</strong> <strong>Package</strong> shall take precedence.<br />

2. The site clearing, grubbing and mass grading will be completed by AWH’s grading<br />

subcontractor for the <strong>Parcel</strong> <strong>G1</strong> lot improvements, including the lift station site.<br />

Page 10 of 26


Section 4<br />

SPECIAL PROVISIONS<br />

<strong>Parcel</strong> <strong>G1</strong> – <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong><br />

AWH <strong>Construction</strong>, Inc.<br />

6720 N. Scottsdale Road, Suite 160<br />

Scottsdale, AZ 85253<br />

Attn: Troy Mortensen<br />

Telephone: (623) 243-9732<br />

Fax: (480) 718-8880<br />

3. The driveway off of the cul-de-sac on 137 th Drive will be provided by others (notes 7<br />

and 19 on Sheet C-1). Subcontractor will be responsible to extend the driveway to the<br />

lift station site per note 38 on Sheet C-1.<br />

4. The 1” waterline connection per notes 42 and 13 on Sheet C-1 will be provided by<br />

others. Subcontractor’s waterline work shall start at the connection to the 1” meter.<br />

5. The masonry block wall shall be slump block, color “Old Pueblo” to match the existing<br />

residential site walls in Vistancia. The cap shall be a 2” Slump Block cap in lieu of the<br />

4” Split-Faced Cap called out in the Drawings.<br />

6. The rip rap material required per note 16 on Sheet C-1 will be provided by AWH and<br />

will be D50=6” +/-.<br />

7. Subcontractor shall provide dust control for their operations and on their access route<br />

from Lone Mountain Road to the lift station site. Subcontractor’s access route my<br />

change periodically during the course of construction to accommodate the lot<br />

improvements occurring within <strong>Parcel</strong> <strong>G1</strong> concurrent with the construction of the lift<br />

station. Coordination with AWH’s other subcontractors will be required for tie-ins of<br />

the sewer force mains, waterlines, electrical conduits etc.<br />

4. SPECIFIC EXCLUSIONS<br />

1. Permit costs<br />

2. SWPPP related costs not specifically mentioned above<br />

3. Rip rap material buy<br />

4. Return type driveway off of 137 th Drive (note 7 on Sheet C-1)<br />

5. 1” waterline tap in 137 th Drive (note 42 and 13 sheet C-1)<br />

Page 11 of 26


Section 5<br />

BID FORM<br />

<strong>Parcel</strong> <strong>G1</strong> – <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong><br />

AWH <strong>Construction</strong>, Inc.<br />

6720 N. Scottsdale Road, Suite 160<br />

Scottsdale, AZ 85253<br />

Attn: Troy Mortensen<br />

Telephone: (623) 243-9732<br />

Fax: (480) 718-8880<br />

Vistancia <strong>Parcel</strong> <strong>G1</strong><br />

SEWER LIFT STATION WORK<br />

BID FORM<br />

Page 1 of 3<br />

SUBMITTED TO:<br />

AWH CONSTRUCTION, INC<br />

SUBMITTED BY:<br />

ADDRESS:<br />

Telephone No.:<br />

Fax No.<br />

Arizona Contractor’s License No.:<br />

Federal I.D. No.:<br />

Arizona Sales Tax No.:<br />

The bidder hereby proposes to furnish all labor, materials, and equipment, necessary to perform all work required to<br />

complete all <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong> Work for Vistancia <strong>Parcel</strong> <strong>G1</strong> located in Peoria, Arizona. All work shall be<br />

performed in accordance with plans and specifications, and Instructions to <strong>Bid</strong>ders as described under this <strong>Bid</strong><br />

<strong>Package</strong> dated 03/05/13 for the aforementioned project. Payment for the proposed work is based on the price<br />

schedule indicated herein.<br />

We acknowledge receipt of the following addenda and have included their provisions in our bid:<br />

AWH CONSTRUCTION, INC Amendments<br />

Amendment No. _______ Dated _________<br />

Amendment No. _______ Dated _________<br />

Amendment No. _______ Dated _________<br />

Amendment No. _______ Dated _________<br />

Amendment No. _______ Dated _________<br />

Page 12 of 26


Section 5<br />

BID FORM<br />

<strong>Parcel</strong> <strong>G1</strong> – <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong><br />

AWH <strong>Construction</strong>, Inc.<br />

6720 N. Scottsdale Road, Suite 160<br />

Scottsdale, AZ 85253<br />

Attn: Troy Mortensen<br />

Telephone: (623) 243-9732<br />

Fax: (480) 718-8880<br />

BID FORM<br />

Page 2 of 3<br />

The <strong>Bid</strong>der Certifies:<br />

1. That they have carefully examined the <strong>Bid</strong> Documents and that they have thoroughly considered all<br />

conditions and requirements that may in any manner affect the nature and extent of the work to be done<br />

under this contract.<br />

2. That they have thoroughly familiarized themselves with the actual conditions of the project site that may<br />

in any manner affect the nature and extent of the work to be done under this contract.<br />

3. That they have thoroughly familiarized themselves with all federal, state and county laws, ordinances,<br />

rules and regulations that may in any manner affect the nature and extent of work to be done under this<br />

Contract.<br />

4. That all entries made in the <strong>Bid</strong> Proposal are accurate and correct to the best of their knowledge.<br />

5. The <strong>Bid</strong>der agrees to abide by the terms of this <strong>Bid</strong> Proposal for a period of Forty-Five (45) days from the<br />

bid receipt date and agrees that this <strong>Bid</strong> may be accepted by AWH CONSTRUCTION, INC at any time<br />

prior to the expiration of that period.<br />

6. The <strong>Bid</strong> Proposal and the acceptance by AWH CONSTRUCTION, INC of this Proposal shall constitute a<br />

binding contract between both parties until a formal Contract is prepared and executed. The formal form<br />

of this contract shall be the “SUBCONTRACT AGREEMENT” provided under Section 7 “Attachments”<br />

7. The <strong>Bid</strong>der agrees to construct, complete, and deliver the work in accordance with the above referenced<br />

<strong>Bid</strong> <strong>Package</strong>, Subcontract Agreement and the <strong>Parcel</strong> <strong>G1</strong> Development Schedule included as Exhibit “D”<br />

in Section 7 “ATTACHMENTS”.<br />

8. The <strong>Bid</strong>der agrees to furnish the required copies of Certificates of Insurance and required bonds within 5<br />

days of receiving a Contract Agreement for the work proposed herein.<br />

9. The <strong>Bid</strong>der understands that all bonds and an executed subcontract must be in place prior to the<br />

commencement of any work on site.<br />

Page 13 of 26


Section 5<br />

BID FORM<br />

<strong>Parcel</strong> <strong>G1</strong> – <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong><br />

AWH <strong>Construction</strong>, Inc.<br />

6720 N. Scottsdale Road, Suite 160<br />

Scottsdale, AZ 85253<br />

Attn: Troy Mortensen<br />

Telephone: (623) 243-9732<br />

Fax: (480) 718-8880<br />

BID FORM<br />

Page 3 of 3<br />

The Cost of the Work<br />

The undersigned is furnishing their bid quantities according to the items listed on the attached Exhibit ‘B’ <strong>Bid</strong><br />

Proposal Extension. Their proposed cost of work is based on the total of their bid quantities multiplied by their unit<br />

prices. The summation of the extended line item prices shall equal their total lump sum price.<br />

THE UNDERSIGNED ACKNOWLEDGES AND AGREES THAT PAYMENT IN ACCORDANCE WITH THE PRICES<br />

LISTED IN THE ATTACHED EXHIBIT ‘B’ BID PROPOSALS SHALL CONSTITUTE FULL PAYMENT FOR ALL<br />

WORK, INCLUDING ALL CHARGES FOR: INCIDENTAL EXPENSES, WHETHER FORESEEABLE OR<br />

UNFORESEEABLE, AT THE TIME OF THIS PROPOSAL; SUPERVISION; LABOR; EQUIPMENT AND<br />

MATERIAL; ALL FEDERAL, STATE, OR LOCAL TAXES; SALES TAXES; INSURANCES; OVERHEAD, AND<br />

PROFIT IN ACCORDANCE WITH THE WHOLE OF THIS BID PACKAGE.<br />

Print out Name<br />

Title<br />

Signature<br />

Date<br />

Page 14 of 26


Section 6<br />

GENERAL REQUIREMENTS<br />

<strong>Parcel</strong> <strong>G1</strong> – <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong><br />

AWH <strong>Construction</strong>, Inc.<br />

6720 N. Scottsdale Road, Suite 160<br />

Scottsdale, AZ 85253<br />

Attn: Troy Mortensen<br />

Telephone: (623) 243-9732<br />

Fax: (480) 718-8880<br />

GENERAL REQUIREMENTS<br />

1. SALES TAX<br />

2. PAYMENT<br />

A. The Subcontractor shall not include any sales taxes with their <strong>Bid</strong> Offer. AWH <strong>Construction</strong>, Inc. will<br />

take responsibility for paying the sales taxes.<br />

A. Invoices are to be submitted monthly on the Exhibit “B” form included with the Subcontract<br />

Agreement, no later than the 25 th of the month for work through the 25 th of that same month.<br />

Payment typically will occur on the 25 th of the following month. Prior to submitting a formal original<br />

Exhibit ‘B’ progress billing, it is this Contractor’s responsibility to meet with the AWH <strong>Construction</strong>,<br />

Inc. site representative prior to the 20 th of each month to have their proposed pencil copy progress<br />

billing reviewed and approved prior to its finalization.<br />

B. Payment for changes to the Contract Agreement. Approved field changes require a Contract<br />

Change Order to process payment. To process a Contract Change Order the Subcontractor is<br />

required to submit their approved field change to the AWH <strong>Construction</strong>, Inc. Project Manager no<br />

later than the 10 th of the month from when Contractor anticipates billing for the Change Order. This<br />

allows AWH <strong>Construction</strong>, Inc. to process the Contract Change Order and a revised Exhibit ‘B’ prior<br />

to the 25 th of the month as described in paragraph A. Approved field changes submitted after the<br />

10 th of the month will be processed for Contract Change Order in the next month’s billing cycle and<br />

paid the following second month.<br />

3. RETENTION<br />

Retention in the amount of 10% of each progress payment will be withheld until the work is complete, the<br />

punch list items are satisfied, and the Subcontractor’s work is accepted in writing by the inspecting authority.<br />

4. SCHEDULE<br />

The Subcontractor agrees to construct, complete, and deliver the work in accordance with the <strong>Bid</strong> <strong>Package</strong>,<br />

the Subcontract Agreement, and the Schedule included as Exhibit “D”.<br />

5. LIQUIDATED DAMAGES<br />

Liquidated damages are $500 per day for each calendar day of delay.<br />

A. AWH <strong>Construction</strong>, Inc. will notify the Subcontractor in writing a minimum of seven (7) days prior to a<br />

designated start date.<br />

B. After notification and the designated start date is provided, the time to complete the work will begin<br />

on the designated start date.<br />

C. The start date plus the number of calendar days designated under the schedule will constitute the<br />

scheduled completion date.<br />

D. If the contract is not completed prior to the scheduled completion date, the Subcontractor shall<br />

continue performance and be liable to AWH <strong>Construction</strong>, Inc. for the liquidated damages until the<br />

Page 15 of 26


Section 6<br />

GENERAL REQUIREMENTS<br />

<strong>Parcel</strong> <strong>G1</strong> – <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong><br />

AWH <strong>Construction</strong>, Inc.<br />

6720 N. Scottsdale Road, Suite 160<br />

Scottsdale, AZ 85253<br />

Attn: Troy Mortensen<br />

Telephone: (623) 243-9732<br />

Fax: (480) 718-8880<br />

contract is substantially complete. Substantially complete means all contract work is complete within<br />

this Subcontractor’s control with the exception of minor punch lists items.<br />

E. In the event AWH <strong>Construction</strong>, Inc. exercises it’s right of termination due to Failure by<br />

Subcontractor, the Subcontractor shall be liable to AWH <strong>Construction</strong>, Inc. for any excess costs, and<br />

in addition, for liquidated damages until such time AWH <strong>Construction</strong>, Inc. may reasonably remedy<br />

the completion of the work.<br />

6. INSURANCE REQUIREMENTS<br />

Subcontractor will be required to meet all insurance requirements and provide all insurance per Exhibit “F”<br />

(Insurance Requirements) to the Subcontract Agreement.<br />

7. BUILDERS RISK INSURANCE<br />

AWH <strong>Construction</strong>, Inc. does not carry builders risk insurance.<br />

8. ROCK CLAUSE<br />

Subcontractor shall Exclude Hard Dig from the base bid. Hard Dig is defined as:<br />

• For Grading, Hard Dig is defined as material which cannot be ripped with a CAT D9 dozer using a<br />

single-shank ripper.<br />

• For Trenching, Hard Dig is defined as material which cannot be excavated at an AVERAGE RATE of<br />

20 CY per hour using the equivalent of a CAT 345 Excavator with a multi-ripper rock bucket (in “like<br />

new” condition).<br />

If Hard Dig conditions are encountered, Subcontractor shall immediately notify the <strong>Construction</strong> Manager.<br />

The <strong>Construction</strong> Manager will then decide if Subcontractor shall continue on a T&M basis for the duration of<br />

the Hard Dig or if the extent of the Hard Dig warrants drilling and blasting or other alternatives.<br />

Subcontractor shall include a list of operated equipment rates, including a hammer/hoe ram with their bid.<br />

These rates will be used to establish the T&M rate for the Hard Dig conditions.<br />

If drilling and blasting is required, Subcontractor may be requested to provide a minimum of two competitive<br />

quotations based on time and material rates to drill and blast the required areas, or AWH may elect to<br />

contract direct with a blasting subcontractor.<br />

9. JOBSITE STORAGE / FENCING<br />

Subcontractor's materials, tools and equipment may be stored on the site at locations subject to the approval<br />

of AWH <strong>Construction</strong>, Inc. Any damage or losses resulting from storage of materials, tools and equipment<br />

shall be remedied at the cost of the Subcontractor.<br />

10. TEMPORARY ELECTRIC POWER, WATER AND TELEPHONE<br />

Unless otherwise specified, the Subcontractor shall make his own arrangements for electric power, water<br />

and telephone utility hookups. Subject to the convenience of the utility, he may be permitted to connect to<br />

existing facilities where available, he shall meter and bear the cost of such power or water, and installation<br />

and disconnect of such power, water and telephone services.<br />

Page 16 of 26


Section 6<br />

GENERAL REQUIREMENTS<br />

<strong>Parcel</strong> <strong>G1</strong> – <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong><br />

AWH <strong>Construction</strong>, Inc.<br />

6720 N. Scottsdale Road, Suite 160<br />

Scottsdale, AZ 85253<br />

Attn: Troy Mortensen<br />

Telephone: (623) 243-9732<br />

Fax: (480) 718-8880<br />

11. DUST CONTROL/TRACKOUT<br />

The Subcontractor shall provide their own dust control as required to perform their scope of work within their<br />

respective contract. AWH <strong>Construction</strong>, Inc. has/will obtain the Maricopa County Dust Control Permit and this<br />

Subcontractor shall assume the responsibility of AWH <strong>Construction</strong>, Inc. as the permittee for this<br />

Subcontractor’s scope of work as described under the required Dust Control Permit.<br />

Track out will not only be monitored by Maricopa County but also by AWH <strong>Construction</strong>, Inc. The<br />

Subcontractor is responsible to monitor and maintain any in-place preventative track out systems that this<br />

Subcontractor uses to exit on to paved areas or on to treated roadways. Any track out caused by this<br />

Subcontractor on to these roadways is to be immediately cleaned up by this Subcontractor. The<br />

Subcontractor’s failure to police their equipment track out will result in regularly scheduled street cleaning<br />

operations along with any necessary maintenance of the in-place track out systems during the period of this<br />

Subcontractor’s contract work at this Subcontractor’s cost.<br />

12. DUST LOG<br />

13. SWPPP<br />

The EPA and Maricopa County of Environmental Services require keeping a dust control log. AWH<br />

<strong>Construction</strong>, Inc. has prepared a Dust Control Pollution Prevention Manual and requires Subcontractor to<br />

maintain dust control log records for each of their jobs. Each trade Subcontractor shall keep a daily log of<br />

their dust control activities in a form suitable to meet the requirements of the Dust Control Permit. This Log<br />

provides the foreman an opportunity to step back and review the job as it pertains to dust prevention. The<br />

logs will enable the foreman to focus proper attention towards this critical issue. Owner Field<br />

Representatives have been instructed to shut the job down whenever this job is out of compliance. The job is<br />

not to resume activities until all corrective measures have been made. Owner is aware that shutting the job<br />

down affects everyone’s profitability. This is why it is so important for all trade Subcontractors to follow the<br />

Dust Control Plan.<br />

AWH <strong>Construction</strong>, Inc. has obtained the Storm Water Pollution Prevention Plan (SWPPP) when applicable.<br />

Others have installed all SWPPP Best Management Practices (BMP’s) for the work described herein. This<br />

Subcontractor shall not damage, move or alter any of these BMP’s. This Subcontractor’s failure to comply<br />

with this directive, which subsequently results in the repair or replacement of the existing BMP's will result in<br />

this Subcontractor being back charged for the repair or replacement costs.<br />

14. ARMY CORPS OF ENGINEERS 404/JURISDICTION WATERS OF THE U.S. PERMIT<br />

A copy of the 404 permit has been provided with these specifications. Reference Department of the Army<br />

Permit (File # 2003-00403-SDM). This permit will be made available to the Contractor upon request. The<br />

Subcontractor is responsible complying with the permit and all conditions associated with the permit. No<br />

wash crossings are permitted unless the Owner provides written authorization. The Owner will be<br />

responsible for staking any proposed impact limits to the jurisdictional waters. Any fines associated with any<br />

unauthorized disturbance or over grading caused by this Subcontractor in jurisdictional waters shall be the<br />

responsibility of the Subcontractor. Further, the Subcontractor will be responsible for any consequential<br />

damages arising from negative publicity associated with the unauthorized incident. Any disturbance or<br />

unauthorized crossing requiring mitigation or corrective action by the Owner, all associated costs will be<br />

back-charged to the Subcontractor. Prior to crossing any wash or drainage corridor, the Subcontractor shall<br />

contact AWH <strong>Construction</strong>, Inc. for review of the area.<br />

Page 17 of 26


Section 6<br />

GENERAL REQUIREMENTS<br />

<strong>Parcel</strong> <strong>G1</strong> – <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong><br />

AWH <strong>Construction</strong>, Inc.<br />

6720 N. Scottsdale Road, Suite 160<br />

Scottsdale, AZ 85253<br />

Attn: Troy Mortensen<br />

Telephone: (623) 243-9732<br />

Fax: (480) 718-8880<br />

Regardless of fines initiated by the Corps of Engineers, the Owner has developed the following penalties for<br />

non-compliance with the 404 permit.<br />

A. Area of JD Waters impacted Penalty<br />

B. 0-0.1 Acre $5,000<br />

C. 0.11-0.5 Acre $20,000<br />

D. 0.51 and above $250,000<br />

15. NOTICE OF INTENT<br />

This Subcontractor is responsible to abide by the terms and conditions of the Notice of Intent that Owner files<br />

with the Arizona Department of Environmental Quality.<br />

16. CONSTRUCTION WATER<br />

Subcontractor may obtain construction water from the Owner’s Reclaimed Water <strong>Construction</strong> Meter located<br />

at the north end of the existing portion of El Mirage Rd. The cost of water from this source will be paid by the<br />

Owner. Subcontractor is responsible for providing at their cost any and all equipment and methods<br />

necessary to pump, transport and apply the water to meet their construction and dust control<br />

responsibilities. Subcontractor also has the option to obtain a City of Peoria hydrant meter, in which case<br />

all associated costs (including water-buy) will be paid by the Subcontractor.<br />

17. LAYOUT & ENGINEERING<br />

18. TESTING<br />

<strong>Construction</strong> Staking to be provided by Subcontractor.<br />

All required Testing and Quality Control to be provided by Subcontractor.<br />

19. SUBSTITUTIONS<br />

The materials, products and equipment described in the <strong>Bid</strong> Documents and addenda establish a standard or<br />

required function, dimension, appearance, and quality to be met by any proposed substitution. No substitute<br />

will be considered unless AWH <strong>Construction</strong>, Inc. or its representative receives a written request for approval<br />

at least ten (10) days prior to the scheduled closing time for receipt of bids. Each such request shall include<br />

the name of the material or equipment for which it is to be substitute. If a substitute is approved the approval<br />

shall be by an addendum to this <strong>Bid</strong> <strong>Package</strong>.<br />

The Subcontractor will warrant that if substitutes are approved, no major changes in the function or general<br />

design of the project will result. Incidental changes or extra component parts related to the substitute change<br />

later discovered and required to accommodate the substitute will be made by the Subcontractor without a<br />

change in the Contract Price or Contract Time.<br />

20. USE OF EQUAL<br />

When the specifications for materials, articles, products, and equipment state “or equal”, Subcontractor may<br />

bid upon, and use materials, articles, products, and equipment which will perform equally the duties imposed<br />

by the general design. AWH <strong>Construction</strong>, Inc.’s Representative will have the final approval of all materials,<br />

Page 18 of 26


Section 6<br />

GENERAL REQUIREMENTS<br />

<strong>Parcel</strong> <strong>G1</strong> – <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong><br />

AWH <strong>Construction</strong>, Inc.<br />

6720 N. Scottsdale Road, Suite 160<br />

Scottsdale, AZ 85253<br />

Attn: Troy Mortensen<br />

Telephone: (623) 243-9732<br />

Fax: (480) 718-8880<br />

articles, products, and equipment proposed to be used as an “equal.” It shall not be purchased or installed<br />

without prior written approval from AWH <strong>Construction</strong>, Inc. or its representative.<br />

Approvals for “equals,” before bid opening, may be requested in writing to AWH <strong>Construction</strong>, Inc.’s<br />

Representative for approval, Requests must be received at least five (5) days prior to the date set for<br />

opening of the <strong>Bid</strong>., The request shall state the name of the material, article, product, or equipment for which<br />

the item is sought to be considered and equal and a complete description of the proposed equal including<br />

any drawings, cuts, performance and test data and any other information necessary for approval of the<br />

equal. All approvals will be issued in the form of a written addendum.<br />

21. PROTECTION OF EXISTING UTILITIES ("BLUESTAKING")<br />

The Subcontractor shall be responsible for the location of all existing utilities shown on the drawings, and is<br />

responsible for proper notification of all Utility Companies prior to digging by contacting "Blue Stake". In<br />

addition, this Subcontractor is responsible to abide by the Blue Stake procedures set forth under Exhibit ‘F’<br />

to the Agreement between Owner and Subcontractor titled “Special Items”, and agrees to be held<br />

responsible for the consequences for not following the procedures described therein.<br />

22. UNFORESEEN PHYSICAL CONDITIONS<br />

The Subcontractor shall promptly notify AWH <strong>Construction</strong>, Inc. in writing of any subsurface or latent physical<br />

conditions at the site or in an existing structure differing materially from those indicated or referred to in the<br />

Contract Documents. AWH <strong>Construction</strong>, Inc. will promptly review those conditions and determine if further<br />

investigation or tests are necessary.<br />

23. AS-BUILT DRAWINGS<br />

To be provided by Subcontractor.<br />

24. PLANS AND SPECIFICATIONS<br />

A maximum of two (2) sets of plans and specifications will be furnished to the successful Subcontractor. The<br />

Subcontractor is responsible for the printing costs for any additional sets.<br />

25. TRAFFIC CONTROL<br />

The Subcontractor shall be responsible for supplying any barricades, warning lights, flagging, flagmen, signs<br />

and traffic control devices necessary to protect the public from harm.<br />

The Subcontractor is responsible for traffic control that shall satisfy the requirements of all governing<br />

authorities and AWH <strong>Construction</strong>, Inc. The Subcontractor agrees that all of Subcontractor’s vehicles<br />

entering the site shall use designated entries, shall not cross curb or sidewalk, and shall observe a speed<br />

limit of 15 mph. Damage to walks or concrete surfaces in areas other than designated entries, by the<br />

Subcontractor’s vehicles or equipment will be repaired at the Subcontractor’s expense.<br />

The Subcontractor will ensure that no traffic be allowed in undeveloped areas outside the Projects limits of<br />

construction fenced areas. The Subcontractor is to note that the adjoining areas on the opposite side of the<br />

limits of construction may be in an area denoted as natural area open space (NAOS). The Subcontractor will<br />

be held financially liable for any damage to the NAOS areas, by their operations or employees.<br />

Page 19 of 26


Section 6<br />

GENERAL REQUIREMENTS<br />

<strong>Parcel</strong> <strong>G1</strong> – <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong><br />

AWH <strong>Construction</strong>, Inc.<br />

6720 N. Scottsdale Road, Suite 160<br />

Scottsdale, AZ 85253<br />

Attn: Troy Mortensen<br />

Telephone: (623) 243-9732<br />

Fax: (480) 718-8880<br />

26. START-UP<br />

A. Startup Documentation<br />

Subcontractors performing work on this project shall not be allowed to start until they have received<br />

a Contract Agreement signed by AWH CONSTRUCTION, INC. The AWH CONSTRUCTION, INC.<br />

signature is evidence that the Subcontractor has a clear understanding of the work to be executed<br />

and has submitted properly executed certificates of Workers' Compensation Insurance and<br />

Comprehensive General Liability Insurance.<br />

B. Subcontractor Pre-construction Meeting<br />

A Jobsite meeting will be held with the Subcontractor and the City of Peoria Development Services<br />

Inspector(s) prior to their starting work. During this meeting, it will be verified that their contract<br />

documents and insurance are in order. A thorough review of the Contract documents, and AWH<br />

CONSTRUCTION, INC. requirements and procedures pertaining to the Subcontractor's work will be<br />

discussed. At this time the Subcontractor will be required to designate their onsite representative<br />

who will be responsible for the performance and quality of the work.<br />

C. Subcontractor Notifications<br />

The Subcontractor shall notify AWH <strong>Construction</strong>, Inc. at least seventy-two (48) hours before the<br />

following events:<br />

1. The start of construction in order to arrange for inspection.<br />

2. Shutdown of City water, sewer, drainage, irrigation and traffic control facility.<br />

3. Shutdown of existing water wells and booster pumps. Shutdown shall not exceed seventytwo<br />

(48) hours of any installation. Only one installation may be shutdown at anytime.<br />

4. Coordination of all draining and filling of water lines and irrigation laterals and all operations<br />

of existing valves or gages with AWH <strong>Construction</strong>, Inc.’s Representative.<br />

5. Start-up or testing of any water well or booster pump to be connected to any part of the<br />

existing City water system. This includes operation of existing valves necessary to<br />

accommodate the water.<br />

D. Subcontract Execution<br />

The Contractor shall execute and return to AWH <strong>Construction</strong>, Inc. the “Subcontract Agreement”<br />

from here on referred to as the (“Agreement”) with the appropriate documentation(s) on or before the<br />

fifth (5) day following receipt of the Agreement. After the Agreement and all documents are verified<br />

by AWH <strong>Construction</strong>, Inc. to have met all requirements, the Subcontractor shall then begin<br />

commencement of the contract work as outlined under the <strong>Construction</strong> Schedule and the Special<br />

Provisions. The Subcontractor shall at all times, during the continuance of the Contract, prosecute<br />

the work with such force and equipment as is sufficient to complete all work within the time specified.<br />

27. MANDATORY SAFETY AND PROGRESS MEETINGS & BLUE STAKE PROCEEDURES<br />

The successful Subcontractor is required to attend bi-weekly safety meetings and weekly progress meetings<br />

and adhere to the Blue Stake Procedures described above. Subcontractor shall also provide the<br />

Page 20 of 26


Section 6<br />

GENERAL REQUIREMENTS<br />

<strong>Parcel</strong> <strong>G1</strong> – <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong><br />

AWH <strong>Construction</strong>, Inc.<br />

6720 N. Scottsdale Road, Suite 160<br />

Scottsdale, AZ 85253<br />

Attn: Troy Mortensen<br />

Telephone: (623) 243-9732<br />

Fax: (480) 718-8880<br />

Contractor’s Representative via email to dhanna@sunbeltholdings.com with copies of their own weekly<br />

safety meeting topics and sign in sheets.<br />

28. TRAFFIC REGULATIONS<br />

A. All traffic affected by this construction shall be regulated in accordance with the City of Phoenix –<br />

Traffic Barricade Manual, revised July 1998, latest edition and the City of Phoenix in the Traffic<br />

Barricade Manual.<br />

B. At the time of the pre-construction conference, the Subcontractor shall designate an employee who<br />

is well qualified and experienced in construction traffic control and safety to be responsible for<br />

implementing, monitoring and altering traffic control measure, as necessary. At the same time AWH<br />

<strong>Construction</strong>, Inc. will designate a representative who will be responsible to see that all traffic control<br />

and any alterations are implemented and monitored to the extent the traffic is carried through the<br />

work area in an effective manner and that motorists, pedestrians, bicyclists and workers are<br />

protected from hazard and accidents.<br />

C. The following shall be considered major streets: all major parkway, mile (section line), arterial and<br />

collector (mid-section line and quarter section line) streets so classified by Lakeland Village Master<br />

Traffic Plan (Task 2002).<br />

D. All traffic control devices required for this project shall be the responsibility of the Subcontractor. The<br />

Subcontractor shall place advance warnings; REDUCE SPEED, LOOSE GRAVEL, 25 mph SPEED<br />

LIMIT and DO NOT PASS signs in accordance with the Traffic Barricade Manual.<br />

E. The Subcontractor shall provide, erect and maintain all necessary flashing arrow boards, barricades,<br />

suitable and sufficient warning lights, signals and signs, and shall take all necessary precautions for<br />

the protection of the work and safety of the public. The Subcontractor shall provide, erect and<br />

maintain acceptable and adequate detour signs at tall closures and along detour routes.<br />

F. All barricades and obstructions shall be illuminated at night and all safety lights shall be kept burning<br />

from sunset until sunrise. All barricades and signs used by the Subcontractor shall conform to the<br />

standard design, generally accepted for such purposes, and payment for all such services and<br />

materials shall be considered as included in the other pay items of the Contract.<br />

G. The Subcontractor shall insure that all existing traffic signs are erect, clean and in full view of the<br />

intended traffic at all times. Street name signs at major street intersections shall be maintained erect<br />

at all times. If these signs should interfere with construction, the Subcontractor shall notify the<br />

Inspector at least forty-eight (48) hours in advance for AWH <strong>Construction</strong>, Inc. personnel to<br />

temporarily relocate said signs. AWH <strong>Construction</strong>, Inc.’s representative will re-set all traffic and<br />

street name signs to permanent locations when notified by the Engineer that construction is<br />

complete unless otherwise stated in the specifications. Payment for this item shall be made at the<br />

contract lump sum price for Traffic Control.<br />

H. When construction activities or traffic hazards at the construction site require the use of flagmen, it<br />

shall be the Subcontractor’s responsibility to provide adequate personnel including flagmen to direct<br />

traffic safely.<br />

I. Manual traffic control shall be in conformance with the Traffic Barricade Manual, except the liaison<br />

officer shall be contracted at the Peoria Police Department at telephone number (623) 979-4222.<br />

Page 21 of 26


Section 6<br />

GENERAL REQUIREMENTS<br />

<strong>Parcel</strong> <strong>G1</strong> – <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong><br />

AWH <strong>Construction</strong>, Inc.<br />

6720 N. Scottsdale Road, Suite 160<br />

Scottsdale, AZ 85253<br />

Attn: Troy Mortensen<br />

Telephone: (623) 243-9732<br />

Fax: (480) 718-8880<br />

J. When traffic hazards at construction sites warrant the use of certified police personnel to direct<br />

traffic, arrangement should be made with the liaison officer at the Peoria Police Department at<br />

telephone number (623) 979-4222.<br />

K. The assembly and turnarounds of the Subcontractor’s equipment shall be accomplished using<br />

adjacent local streets when possible.<br />

L. Equipment used and/or directed by the Subcontractor shall travel with traffic at all times. Supply<br />

trucks shall travel with traffic except when being spotted. Provide a flagman or officer to assist with<br />

this operation.<br />

M. During construction, it may be necessary to alter traffic control. Alterations shall be in accordance<br />

with the Traffic Barricade Manual and approved by the City of Peoria.<br />

N. Caution should be used when excavating near intersections with traffic signal underground cable.<br />

Notify AWH <strong>Construction</strong>, Inc.’s Representative twenty-four (24) hours in advance of any work at<br />

such intersections. The Subcontractor shall install and maintain temporary overhead traffic signals<br />

cable as specified by AWH <strong>Construction</strong>, Inc.’s Representative when underground conduit is to be<br />

severed by excavations at intersections. The Subcontractor shall provide an off-duty uniformed<br />

police officer to direct traffic while the traffic signal is turned off and the wiring is transferred. All<br />

damaged or modified traffic signal overhead and underground items shall be repaired and restored<br />

to AWH <strong>Construction</strong>, Inc.’s Representative’s satisfaction. Magnetic detector loops shall under no<br />

circumstances be spliced.<br />

O. The Subcontractor shall address how local access to adjacent properties will be handled in<br />

accordance with the specification herein.<br />

P. Where crossings of existing pavements occur, no open trenches shall be permitted overnight, but<br />

plating may be permitted if conditions allow as determined by AWH <strong>Construction</strong>, Inc.’s<br />

Representative or his authorized representative. If plates cannot be used, crossings shall be backfilled<br />

or the Subcontractor shall provide a detour.<br />

29. EXISTING SURVEY CONTROL POINTS:<br />

Existing survey markers (either brass caps or iron pipes) shall be protected by the Subcontractor or removed<br />

and replaced under direct supervision of AWH <strong>Construction</strong>, Inc.’s Representative or his authorized<br />

representatives. Survey monuments shall be constructed to the requirements of MAG Specifications, Section<br />

405, and Standard Details. Lot corners shall not be disturbed without knowledge and consent of the property<br />

owner.<br />

The Subcontractor shall replace benchmarks, monuments, or lot corners moved or destroyed during<br />

construction at no expense to AWH <strong>Construction</strong>, Inc. Subcontractor and his sureties shall be liable for<br />

correct replacement of disturbed survey benchmarks except where AWH <strong>Construction</strong>, Inc. elects to replace<br />

survey benchmarks using his own forces.<br />

30. PROTECTION OF FINISHED OR PARTIALLY FINISHED WORK:<br />

The Subcontractor shall properly guard and protect all finished or partially finished work, and shall be<br />

responsible for the same until the entire contract is completed and accepted by AWH <strong>Construction</strong>, Inc.’s<br />

Representative. The Subcontractor shall turn over the entire work in full accordance with these specifications<br />

before final settlement shall be made.<br />

Page 22 of 26


Section 6<br />

GENERAL REQUIREMENTS<br />

<strong>Parcel</strong> <strong>G1</strong> – <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong><br />

AWH <strong>Construction</strong>, Inc.<br />

6720 N. Scottsdale Road, Suite 160<br />

Scottsdale, AZ 85253<br />

Attn: Troy Mortensen<br />

Telephone: (623) 243-9732<br />

Fax: (480) 718-8880<br />

31. STOCKPILE OF MATERIALS:<br />

A. The Subcontractor may, if approved by AWH <strong>Construction</strong>, Inc.’s representative, place or stockpile<br />

materials in a designated location after a City of Peoria stock permit is obtained.<br />

B. Daily construction traffic is not allowed to travel over stockpiled materials, and proper dust control<br />

shall be maintained.<br />

32. EXCESS MATERIALS:<br />

When excavations are made, resultant loose earth shall be utilized for filling by compacting in place or<br />

disposed of off the site.<br />

Excess or unsuitable material, broken asphaltic concrete and broken Portland cement concrete excavated<br />

from the right-of-way shall be removed from the project and disposed of by this Subcontractor offsite to a<br />

licensed land-fill. AWH <strong>Construction</strong>, Inc.’s representative or his authorized representative must approve of<br />

the disposal of any material on site.<br />

Waste material shall not be placed on private property without expressed permission of the property owner.<br />

The Subcontractor shall at all times keep the premises free from accumulation of waste materials or rubbish<br />

caused by his operations. At the completion of the work, he shall remove all equipment, tools and surplus<br />

materials, and shall completely clean the premises, removing and disposing of all debris and rubbish, and<br />

cleaning all stains, spots, marks, dirt, smears, etc. When work premises are turned over to AWH<br />

<strong>Construction</strong>, Inc., they shall be thoroughly clean and ready for immediate use.<br />

Clean-up shall include removal of all excess pointing mortar materials within pipes and removal of oversized<br />

rocks and boulders left after finish grading. The Subcontractor shall provide for the legal disposal of all waste<br />

products degrees, etc. and shall make necessary arrangements for such disposals.<br />

33. INDEPENDENT CONTRACTOR.<br />

a. General<br />

i. The Subcontractor acknowledges that all services provided under this Agreement are being<br />

provided by Subcontractor as an independent Contractor, not as an employee or agent of<br />

AWH <strong>Construction</strong>, Inc.<br />

ii. Both parties agree that this Agreement is nonexclusive and that Subcontractor is not<br />

prohibited from entering into other contracts nor prohibited from practicing his profession<br />

elsewhere.<br />

b. Liability<br />

i. AWH <strong>Construction</strong>, Inc. or the Owner shall not be liable for any acts of Subcontractor outside<br />

the scope of authority granted under this Agreement or as the result of Subcontractor’s acts,<br />

errors, misconduct, negligence, omissions and intentional acts.<br />

c. Other Benefits<br />

The Subcontractor is an independent Subcontractor; therefore, AWH <strong>Construction</strong>, Inc. and or the<br />

Owner will not provide the Subcontractor with health insurance, life insurance, workmen’s<br />

compensation, sick leave, vacation leave, or any other fringe benefits. Further, Subcontractor<br />

acknowledges that he is exempt from coverage of the Comprehensive Benefit and Retirement Act<br />

(COBRA). Any such fringe benefits shall be the sole responsibility of Subcontractor.<br />

Page 23 of 26


Section 6<br />

GENERAL REQUIREMENTS<br />

<strong>Parcel</strong> <strong>G1</strong> – <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong><br />

AWH <strong>Construction</strong>, Inc.<br />

6720 N. Scottsdale Road, Suite 160<br />

Scottsdale, AZ 85253<br />

Attn: Troy Mortensen<br />

Telephone: (623) 243-9732<br />

Fax: (480) 718-8880<br />

34. KEY PERSONNEL<br />

It is essential that the Subcontractor provide adequate experienced personnel, capable of and devoted to the<br />

successful accomplishment of work to be performed under this contract. The Subcontractor must agree to<br />

assign specific individuals to the key positions.<br />

A. The Subcontractor agrees that, once assigned to work under this contract, key personnel shall not<br />

be removed or replaced without written notice to AWH <strong>Construction</strong>, Inc.<br />

B. If key personnel are not available for work under this subcontract for a continuous period exceeding<br />

30 calendar days, or are expected to devote substantially less effort to the work than initially<br />

anticipated, the Subcontractor shall immediately notify AWH <strong>Construction</strong>, Inc., and shall, subject to<br />

the concurrence of AWH <strong>Construction</strong>, Inc., replace such personnel with personnel of substantially<br />

equal ability and qualifications.<br />

35. GENERAL RULES<br />

36. BONDS<br />

A. No fires for hand warming, trash disposal, cooking, etc., will be permitted onsite.<br />

B. All Subcontractors shall cleanup any debris created by performance of his work.<br />

C. No radios or tape players other than communication type will be allowed on the Jobsite.<br />

D. No domestic animals and/or pets will be permitted on site.<br />

E. No vehicles may be left overnight.<br />

F. No overnight camping is allowed.<br />

G. The project site is off limits to any non-construction personnel or vehicles.<br />

H. <strong>Construction</strong> Traffic must use the designated access and parking areas.<br />

I. AWH CONSTRUCTION, INC. will not tolerate the consumption or storage of alcoholic beverages, as<br />

well as possession and/or use of illegal drugs, on the Jobsite.<br />

The following Bonds are required under this <strong>Bid</strong> <strong>Package</strong>. All Bonds shall be duly executed by the <strong>Bid</strong>der as<br />

Principal and having as Surety thereon a Surety company approved by AWH <strong>Construction</strong>, Inc. and holding<br />

a Certificate of Authority to transact surety business in the State of Arizona, by the Arizona Department of<br />

Insurance. Individual sureties are unacceptable. All insures and sureties shall have, at the time of submission<br />

of the proposal, an A.M. Best’s Key Rating Guide of “A-“ or better as currently listed in the most recent Best<br />

Key Guide, published by the A.M. Best Company, payable without condition to AWH <strong>Construction</strong>, Inc..<br />

A. <strong>Bid</strong> Bond: Not required.<br />

B. Performance Bond: Not required unless specifically requested by AWH <strong>Construction</strong>, Inc.<br />

Page 24 of 26


Section 6<br />

GENERAL REQUIREMENTS<br />

<strong>Parcel</strong> <strong>G1</strong> – <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong><br />

AWH <strong>Construction</strong>, Inc.<br />

6720 N. Scottsdale Road, Suite 160<br />

Scottsdale, AZ 85253<br />

Attn: Troy Mortensen<br />

Telephone: (623) 243-9732<br />

Fax: (480) 718-8880<br />

C. Payment Bond: Not required unless specifically requested by AWH <strong>Construction</strong>, Inc.<br />

Page 25 of 26


Section 7<br />

ATTACHMENTS<br />

<strong>Parcel</strong> <strong>G1</strong> – <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong><br />

AWH <strong>Construction</strong>, Inc.<br />

6720 N. Scottsdale Road, Suite 160<br />

Scottsdale, AZ 85253<br />

Attn: Troy Mortensen<br />

Telephone: (623) 243-9732<br />

Fax: (480) 718-8880<br />

Attachments Table of Contents<br />

A. Contract Agreement titled: “Subcontract Agreement”. (Including all associated contract exhibits).<br />

27 pages.<br />

B. Exhibit ‘B’ titled: <strong>Bid</strong> Proposal Extension for Vistancia <strong>Parcel</strong> <strong>G1</strong> <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong> Work. AWH<br />

<strong>Construction</strong>, Inc. will transfer the successful <strong>Bid</strong>der’s proposal provided under these forms into the<br />

Subcontract Exhibit B titled “Request for Payment” which is directly referenced under the<br />

Subcontract Agreement. An electronic copy is available upon request. 1 page.<br />

C. Exhibit ‘C’ titled: “List of <strong>Bid</strong> Plans”. Referenced under Drawings and Specifications of Section<br />

4 “Special Provisions”. 1 page<br />

D. Exhibit ‘D’ titled: “<strong>Parcel</strong> <strong>G1</strong> Development Schedule”. Referenced under Drawings and<br />

Specifications in Section 4 “Special Provisions”. 1 page.<br />

E. Exhibit ‘Z’ titled: “Vistancia North 404 Permit”. Referenced under Army Corps of Engineers<br />

404/Jurisdiction Waters of the U.S. in Section 6 “General Requirements”. 36 pages.<br />

Page 26 of 26


SUBCONTRACT AGREEMENT<br />

CONTRACT # 73-Enter Contract Number<br />

This Subcontract Agreement (the "Agreement") is entered into as of the Enter Day day<br />

of Enter Month, 2013, by AWH <strong>Construction</strong> Inc., an Arizona corporation ("Contractor") and<br />

_______________________________________________ ("Subcontractor").<br />

For good and valuable consideration, the receipt and sufficiency of which are hereby<br />

acknowledged, Contractor and Subcontractor agree as follows:<br />

1. Subcontractor’s Work.<br />

1.1 Prime Contract. Contractor has entered into a contract with<br />

_________________________ (“Owner”) dated _________________ to perform<br />

certain improvements upon _______________________. (“Prime Contract”). The<br />

purpose of this Agreement is to designate a portion of Contractor’s duties under<br />

the Prime Contract to Subcontractor. To the extent that the provisions of the<br />

Prime Contract apply to Subcontractor’s work, Subcontractor shall assume<br />

towards Contractor all obligations and responsibilities that Contractor assumes<br />

toward the Owner under the Prime Contract. Contractor shall have the benefit<br />

of all rights, remedies, and redress against Subcontractor which the Owner under<br />

the Prime Contract has against Contractor. Where a provision of the Prime<br />

Contract is inconsistent with the provision of this Agreement, this Agreement<br />

shall govern.<br />

1.2 Scope of Work. Subcontractor shall perform all work described in Exhibit A<br />

hereto (“Subcontractor’s Work”) and provide at its expense all labor, materials,<br />

equipment, services, and other items required to complete such work.<br />

1.3 <strong>Construction</strong> Standard; Agreement to Cause <strong>Construction</strong>. Subcontractor agrees<br />

to cause each component of Subcontractor’s Work to be constructed in accordance<br />

with the <strong>Construction</strong> Standard (as hereinafter defined). As used herein, the term<br />

"<strong>Construction</strong> Standard" shall mean construction and installation (i) in strict<br />

conformity with the plans and specifications described in Exhibit C attached<br />

hereto and incorporated herein by this reference, the requirements of this<br />

Agreement, the requirements of the Prime Contract and the applicable<br />

requirements of any municipality or other governmental authority having<br />

jurisdiction over construction of the improvements of which Subcontractor’s<br />

Work is a part; and (ii) in a good and workmanlike manner that is free of defects<br />

in materials and workmanship.<br />

1.4 Contract Documents. The Contract Documents shall consist of (i) this Agreement<br />

and all Exhibits hereto; (ii) the plans and specifications described in Exhibit C<br />

hereto; and (iii) the Prime Contract and all documents incorporated therein<br />

including general conditions, special conditions, supplemental conditions,<br />

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drawings, specifications, and modifications issued subsequent to the execution of<br />

this Agreement.<br />

1.5 Schedule. Attached hereto as Exhibit D and incorporated herein by this reference<br />

is a construction schedule for Subcontractor’s Work (the "<strong>Construction</strong> Schedule").<br />

The <strong>Construction</strong> Schedule is for the benefit of Contractor only and Contractor may<br />

advance or postpone any of the commencement dates set forth in the <strong>Construction</strong><br />

Schedule as progress of the project dictates without incurring any additional<br />

liability to Subcontractor. Subcontractor’s flexibility and ability to comply with a<br />

changing schedule is part of the consideration which Contractor is to receive under<br />

this Agreement.<br />

1.5.1 Commencement. Subcontractor agrees to commence performance of<br />

Subcontractor’s Work on or before the commencement date(s) set forth in<br />

the <strong>Construction</strong> Schedule unless otherwise directed by Contractor.<br />

1.5.2 Diligent <strong>Construction</strong>. Subcontractor shall prosecute its work in a<br />

prompt and diligent manner whenever such work, or any part of it,<br />

becomes available, or at such time or times as Contractor may direct, so<br />

as to promote the general progress of the entire construction and shall<br />

not, by delay or otherwise, interfere with or hinder the work of the<br />

Contractor or any other subcontractor. As consideration for this<br />

Agreement, Subcontractor agrees to adhere to scheduling changes made<br />

by Contractor and to provide sufficient labor and materials to the project<br />

so as commence or resume performance of Subcontractor’s Work upon 72<br />

hours notice from Contractor.<br />

2. Payment by Contractor.<br />

2.1 Contract Price. Contractor agrees to pay to Subcontractor the sum of<br />

_________________________________ ($<br />

) (“Contract Price”) for<br />

satisfactory completion of Subcontractor’s Work. The Contract Price shall be<br />

payable in the manner described below.<br />

2.2 Schedule of Values. Attached hereto as Exhibit B is a schedule of values<br />

("Schedule of Values") that allocates the various major components of<br />

Subcontractor’s Work (with each such component being hereinafter referred to as a<br />

"Line Item"). Subcontractor shall be responsible for construction and completion<br />

of all of Subcontractor’s Work, irrespective of whether the actual cost incurred by<br />

Subcontractor in connection therewith is less than or greater than (as to all of<br />

Subcontractor’s Work or any Line Item(s) thereof) any amount set forth on the<br />

Schedule of Values.<br />

2.3 Applications for Payment. As used herein, the term "Application for Payment"<br />

shall mean a written application for payment of an installment of the Contract<br />

Price, which application shall (i) be signed by Subcontractor, (ii) set forth the<br />

percentage completion of each Line Item as of the last day of the period covered<br />

by such application (each, a "Completion Percentage"), and (iii) set forth the<br />

Page 2 of 27<br />

Revised 10/03/2012 1:43 PM Subcontract Agreement 10.03.12


amount payable by Contractor in connection with such Application for Payment<br />

(which amount shall be calculated in accordance with Paragraph 2.4). An<br />

Application for Payment shall constitute a representation by Subcontractor that<br />

(i) Subcontractor is entitled to payment in the amount certified, (ii) the work on<br />

each Line Item has progressed to the point indicated, and (iii) that the quality of<br />

such work is in accordance with the requirements of this Agreement. The period<br />

covered by each Application for Payment shall be one month, ending on the 25th<br />

day of the month. Subcontractor shall deliver Applications for Payment to<br />

Contractor on or before the 25 th day of each calendar month during the course of<br />

construction of Subcontractor’s Work. All Applications for Payment must be<br />

accompanied by invoices, receipts and such other explanatory material as shall<br />

be necessary to enable Contractor to verify the accuracy of the Application for<br />

Payment. Any Application for Payment which is either untimely or without<br />

sufficient documentation shall not be paid until the following month and/or<br />

until sufficient documentation is provided by Subcontractor. Applications for<br />

Payment shall be in the form that is attached hereto as Exhibit B. In conformity<br />

with the billing instructions attached hereto as Exhibit E.<br />

2.4 Amount Payable under Monthly Applications for Payment. The amount<br />

payable by Contractor in connection with each monthly Application for Payment<br />

shall be based upon the Schedule of Values and the Completion Percentages<br />

certified in such Application for Payment, and shall be computed as follows:<br />

2.4.1 Multiply the Completion Percentage for each Line Item (as certified on the<br />

Application for Payment) by the amount for that Line Item as set forth on<br />

the Schedule of Values, then add together the foregoing amounts for all of<br />

the Line Items to arrive at an aggregate total for all of the Line Items; then<br />

2.4.2 Subtract a retainage amount equal to 10% of the aggregate total amount in<br />

Paragraph 2.4.1; then<br />

2.4.3 Subtract the aggregate total of all previous payments made by Contractor<br />

hereunder with respect to the Contract price.<br />

2.5 Payment. Subject to the provisions of Paragraph 2.6, Contractor shall pay to<br />

Subcontractor the amount certified and paid by the Owner for Subcontractor’s<br />

Work within seven days of Contractor’s receipt of such payment or the date<br />

indicated on Exhibit B (if later), provided that Subcontractor has executed and<br />

delivered to Contractor an Application and Certificate for Payment in the form<br />

attached as Exhibit B, conditional waiver of any bond and / or mechanic’s and<br />

materialmen’s lien rights from Subcontractor, and from all subcontractors and<br />

suppliers of Subcontractor, with respect to all work covered by the payment.<br />

2.6 Right to Withhold Payment. Despite the receipt of payment for Subcontractor’s<br />

Work from the Owner, Contractor shall be entitled to withhold payment from<br />

Subcontractor for any of the following reasons: (i) unsatisfactory job progress; (ii)<br />

defective work or materials that have not been remedied; (iii) disputed work; (iv)<br />

failure to comply with any material provision of this Agreement; (v) third-party<br />

Page 3 of 27<br />

Revised 10/03/2012 1:43 PM Subcontract Agreement 10.03.12


claims filed with respect to Subcontractor’s Work or reasonable evidence that such<br />

a claim will be filed; (vi) failure of Subcontractor to make timely payments for<br />

labor, equipment or materials; (vii) damage to Contractor or another<br />

subcontractor or material supplier caused by Subcontractor’s activities; (viii)<br />

reasonable evidence that Subcontractor’s Work cannot be completed for the<br />

unpaid balance of the Contract Price.<br />

2.7 Joint Checks. Contractor, in its sole and absolute discretion, may issue checks<br />

jointly payable to Subcontractor and Subcontractor’s subcontractors and suppliers.<br />

2.8 Pay-When-Paid. If Owner refuses or fails to pay for Subcontractor’s work,<br />

Subcontractor agrees that receipt of payment by Contractor from the Owner for<br />

Subcontractor’s Work shall be a condition precedent to Contractor’s obligation to<br />

pay Subcontractor. The parties agree that the sole source of funding from which<br />

the Contract Price will be paid are the payments Contractor is to receive from the<br />

Owner for Subcontractor’s Work.<br />

2.9 Payment not Acceptance. Neither final payment nor any other payment to<br />

Subcontractor shall constitute or imply acceptance of any portion of<br />

Subcontractor’s Work by Contractor or the Owner.<br />

3. Changes in the Work<br />

3.1 Owner Changes. The Owner may make changes to the project by issuing<br />

modifications to the Prime Contract. Contractor shall notify Subcontractor upon<br />

receipt of any modification affecting Subcontractor's Work. Unless otherwise<br />

directed by Contractor, Subcontractor shall not thereafter order materials or<br />

perform work which will be inconsistent with the modifications to the Prime<br />

Contract.<br />

3.2 Contractor Changes. Subcontractor may be ordered in writing by Contractor,<br />

without invalidating this Agreement, to make changes in Subcontractor’s Work<br />

within the general scope of this Agreement, consisting of additions, deletions, or<br />

other revisions including those required by modifications to the Prime Contract.<br />

The Contract Price and time allowed for performance will be equitably adjusted<br />

if necessary. Prior to the commencement of such changed or revised work,<br />

Subcontractor shall submit to Contractor a written claim for any adjustment to<br />

the Contract Price or time allowed for performance for such revised work. Such<br />

claim shall be made in the manner provided for in the Contract Documents.<br />

3.3 Changes to be in Writing. All changes to Subcontractor’s Work shall be in<br />

writing and signed by an authorized representative of Contractor. Only those<br />

persons identified in Exhibit H hereto (“Authorized Representative”) are<br />

authorized to sign such change orders on behalf of Contractor. Neither the<br />

Authorized Representatives nor any other representative of Contractor has<br />

authority to verbally approve of changes to this Agreement or Subcontractor’s<br />

Work. Subcontractor agrees, upon receipt of such written modification, to<br />

proceed with the work as modified so as not to delay the progress of the work.<br />

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Any disagreement as to the value of the work changed shall be handled as<br />

provided in Paragraph 8 of this Agreement and shall not be grounds for refusal<br />

to perform the work as modified or to delay proceeding with the work.<br />

3.4 Written Authorization Required for Additional Work. Prior to performing work<br />

or furnishing any materials outside the original scope of Subcontractor’s Work,<br />

Subcontractor shall obtain prior written approval from an Authorized<br />

Representative of Contractor. Subcontractor’s failure to obtain such prior written<br />

approval shall constitute a waiver of Subcontractor’s right to seek compensation<br />

for such additional work or materials.<br />

4. Lien-Free <strong>Construction</strong><br />

4.1 Payments by Subcontractor. Subcontractor shall pay for all equipment,<br />

materials, and labor used in connection with the performance of this Agreement<br />

through the period covered by previous payments received from Contractor and<br />

shall furnish releases, lien waivers (of Subcontractor, its subcontractors and<br />

suppliers) and satisfactory evidence of such payment to Contractor to verify<br />

compliance with this requirement. In conformity with the Application and<br />

Certificate for Payment (Exhibit B) and Billing Instructions (Exhibit E),<br />

conditional releases and lien waivers shall be provided with the request for<br />

payment, and unconditional, statutory releases and lien waivers shall be<br />

provided for prior checks before current checks are distributed to Subcontractor.<br />

4.2 Removal of Liens. Subcontractor shall cause Subcontractor’s Work to be<br />

constructed free of mechanics' or materialmen's liens. In the event a mechanics’ or<br />

materialmen’s lien is recorded against the project by any of Subcontractor’s<br />

subcontractors or suppliers, Subcontractor shall cause such lien to be removed<br />

within seven days by paying the lien claimant, recording a discharge of lien bond<br />

pursuant to A.R.S. § 33-1004 or any other appropriate means. If Subcontractor fails<br />

to have any such lien removed within seven days, Contractor, in its sole and<br />

absolute discretion, may (1) cause such lien to be removed by paying the lien<br />

claimant the amount of the lien despite any protests by Subcontractor that the lien<br />

is not valid or is for an incorrect amount, or (2) bond around the lien. All expenses<br />

incurred by Contractor in obtaining a discharge of any such lien, including, but not<br />

limited to legal fees, shall be deducted from the amounts then due or thereafter to<br />

become due to Subcontractor under this Agreement or any other agreement<br />

between the parties.<br />

5. Suppliers<br />

5.1 Upon execution of this Agreement, Subcontractor shall provide to Contractor a list<br />

of all suppliers from whom Subcontractor intends to rent equipment or from whom<br />

Subcontractor intends to purchase any materials or supplies to be used in the<br />

performance of Subcontractor’s Work. Such list shall be attached hereto as Exhibit<br />

G. In connection with the use of suppliers, Subcontractor agrees as follows:<br />

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6. Default<br />

5.1.1 That Subcontractor shall use only those persons or entities identified in<br />

Exhibit G hereto in connection with the performance of this Agreement and<br />

shall not receive materials, supplies, rental equipment or labor from persons<br />

or entities other than those listed on Exhibit G without first notifying<br />

Contractor in writing by sending a revised Exhibit G.<br />

5.1.2 Subcontractor hereby appoints Contractor as its agent for the sole and<br />

limited purpose of inquiring of all suppliers used by Subcontractor in the<br />

performance of this Agreement as to the status of Subcontractor’s account<br />

with such suppliers with regard to materials, supplies and rental equipment<br />

used on this project and insuring that such accounts are paid at the time<br />

Subcontractor is paid in accordance with this Agreement.<br />

6.1 Events of Default. Each of the following events shall constitute a default by<br />

Subcontractor under this Agreement:<br />

6.1.1 failure or refusal to supply enough properly skilled workers or proper<br />

equipment or materials to complete Subcontractor’s Work within the time<br />

allowed under the <strong>Construction</strong> Schedule;<br />

6.1.2 failure to make payment to subcontractors or suppliers for materials,<br />

labor or equipment in accordance with the respective agreements<br />

between Subcontractor and its subcontractors or suppliers;<br />

6.1.3 disregard of any laws, ordinances, rules, regulations or orders of a public<br />

authority having jurisdiction over the project;<br />

6.1.4 becoming insolvent, making an assignment for the benefit of creditors, or<br />

filing or becoming involved in any reorganization or other proceeding in<br />

bankruptcy; and<br />

6.1.5 failing to abide by any other provision of this Agreement.<br />

6.2 Contractor’s Remedies. In addition to any other remedies Contractor may have<br />

at law or in equity, in the event Subcontractor fails to cure any default within 72<br />

hours (or such longer period as Contractor may authorize in writing) after<br />

receipt of written notice thereof from Contractor, then Contractor shall have the<br />

right to assume and take over the construction of all Subcontractor’s Work that is<br />

then incomplete . If Contractor takes over construction of Subcontractor’s Work as<br />

provided in the preceding sentence, then:<br />

6.2.1 Assignment of Contracts and Plans. Subcontractor hereby assigns to<br />

Contractor, effective upon (and only in the event of) such assumption, all<br />

contracts and subcontracts entered into by Subcontractor in connection<br />

with Subcontractor’s Work and/or the supply of materials in connection<br />

therewith, and all right, title and interest of Subcontractor in any drawings<br />

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prepared for or on behalf of Subcontractor in connection with<br />

Subcontractor’s Work;<br />

6.2.2 Materials, Tools and Equipment. Subcontractor agrees to release to<br />

Contractor, without recourse, all materials, tools, implements and<br />

equipment, excluding heavy equipment, on the jobsite belonging to, or in<br />

the possession of, Subcontractor for use by Contractor in completing<br />

Subcontractor’s Work.<br />

6.2.3 Right of Set-Off. Contractor shall have the right to set-off against the<br />

unpaid Contract Price any costs expenses incurred by Contractor in<br />

connection with its construction and completion of Subcontractor’s Work<br />

for which Contractor takes over construction as provided in Paragraph 6.2,<br />

together with 25% of such costs and expenses as an administrative fee.<br />

6.2.4 Reimbursement of Excess Direct Costs. Subcontractor shall, within five<br />

days after written demand from Contractor, reimburse Contractor for the<br />

costs, expenses and administrative fees incurred by Contractor in<br />

completing Subcontractor’s Work, to the extent such costs, expenses and<br />

administrative fees exceed the unpaid Contract Price. Any amounts<br />

payable by Subcontractor to Contractor under this paragraph shall bear<br />

interest at the rate of 18% per annum from the due date thereof until paid.<br />

7. Termination by Owner. If, for any reason, the Prime Contract between Contractor and<br />

Owner is rescinded or terminated, Contractor shall have the right to, by giving written<br />

notice to Subcontractor, immediately terminate this Agreement or assign this Agreement<br />

to the Owner.<br />

7.1 In the event Contractor elects to terminate this Agreement, Contractor shall not<br />

be liable to Subcontractor for lost profits or any other amounts relating to any of<br />

Subcontractor’s Work that is yet to be performed as of the date of termination.<br />

Contractor shall allocate a fair and equitable share of any monies received from<br />

the Owner to Subcontractor in accordance with the work performed as of the<br />

date of termination.<br />

7.2 In the event Contractor elects to assign this Agreement to Owner, Contractor<br />

shall be released of any further liability to Subcontractor to the extent the Owner<br />

assumes Contractor’s obligations under this Agreement, provided all monies due<br />

to Subcontractor are paid at the time of assignment.<br />

8. Disputes<br />

8.1 Prime Contract Controls. All claims, disputes and other matters in question<br />

between Contractor and Subcontractor arising out of or related to this Agreement<br />

or the breach thereof, shall be settled according to the disputes resolution<br />

procedure set forth in the Prime Contract. If the Prime Contract does not specify<br />

a disputes resolution procedure, or if, in the sole judgment of Contractor, the<br />

claim or dispute is principally between Contractor and Subcontractor, then such<br />

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claim or dispute shall be determined as provided in Paragraph 8.2. Completion<br />

of the dispute resolution procedure shall be a condition precedent to the right of<br />

Subcontractor to commence any legal action against Contractor.<br />

8.2 Arbitration. At the option of Contractor, any dispute arising out of this<br />

Agreement or from the breach hereof shall be submitted to arbitration. In the<br />

event Contractor elects to have the dispute resolved by arbitration, the following<br />

provisions shall apply:<br />

8.2.1 Arbitration shall be held in accordance with Arizona's Revised Uniform<br />

Arbitration Act (A.R.S. §§ 12-3001 - 12-3029) and judgment upon the<br />

award rendered may be entered in the Superior Court of Arizona in<br />

Maricopa County;<br />

8.2.2 It is mutually agreed that the decision of the arbitrator shall be a<br />

condition precedent to any right of legal action that either party may have<br />

against the other;<br />

8.2.3 In order to commence the arbitration proceeding, either Contractor or<br />

Subcontractor shall serve a written arbitration demand upon the other<br />

identifying the nature of the disagreement, the amount in controversy<br />

and the remedy sought. The recipient of the arbitration demand may, but<br />

shall not be obliged to, serve a written response to the demand;<br />

8.2.4 Unless otherwise agreed by the parties, there shall be a single arbitrator<br />

who shall be a former Arizona state court judge;<br />

8.2.5 Concurrently with the demand for arbitration, the party demanding<br />

arbitration shall submit a list of four persons who are willing and<br />

qualified to serve as arbitrators. The responding party shall select one of<br />

the four potential arbitrators to serve as the arbitrator;<br />

8.2.6 The fees and costs of the arbitrator shall be shared equally by the parties<br />

and shall be paid directly to the arbitrator prior to the hearing. Such fees<br />

and costs, as well as all attorneys’ fees, shall be awarded to the prevailing<br />

party as determined by the arbitrator following the arbitration hearing;<br />

8.2.7 Unless otherwise agreed by the parties, the arbitrator shall render a<br />

written arbitration award within 30 days after conclusion of the<br />

arbitration hearing.<br />

8.2.8 Contractor is not required to arbitrate in situations where claims,<br />

counterclaims, or third-party claims brought against Contractor involve,<br />

in any way, parties that are not subject to an arbitration agreement.<br />

Should Contractor be named as a defendant or respondent in any lawsuit,<br />

arbitration or other proceeding that relates in any way to Subcontractor’s<br />

Work, Subcontractor hereby submits to the jurisdiction of the applicable<br />

court, arbitration panel, tribunal or other authority and consents to being<br />

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named as a third-party defendant or respondent in any such lawsuit,<br />

arbitration or proceeding.<br />

8.3 Work to Continue. So as to avoid construction delays, Subcontractor agrees to<br />

continue with the performance of Subcontractor’s Work pursuant to the<br />

Contractor’s instructions pending resolution of any dispute. Contractor will pay<br />

such amounts as Contractor believes to be due pending resolution of the dispute.<br />

Performance by Subcontractor shall not be deemed a waiver of any right to<br />

receive added compensation. Subcontractor waives the right to terminate this<br />

Agreement and the right to refuse to perform pending resolution of any dispute.<br />

9. Indemnification<br />

9.1 Indemnification. To the fullest extent provided by law, Subcontractor, with<br />

legal counsel acceptable to Owner, Contractor and Contractor’s surety, shall<br />

indemnify, hold harmless and defend the Owner, Contractor and Contractor’s<br />

surety, as well as their partners, officers, employees, agents, representatives,<br />

assigns, subsidiaries, and affiliates (“Indemnitees”), and each of them, from and<br />

against any loss, cost, damage, claim, third party claim, expense or liability,<br />

including attorneys’ fees and costs, if any, incurred by or asserted against the<br />

Indemnitees, by reason of, arising out of, as a result of, or in connection with the<br />

performance of this Subcontract Agreement and directly or indirectly caused, in<br />

whole or in part, by the acts or omissions, negligent or otherwise, of<br />

Subcontractor or an agent of Subcontractor or an employee of any one of them,<br />

regardless of the negligence of Indemnitees, be it active or passive, except where<br />

such loss, cost, damage, claim, expense or liability arises from the sole negligence<br />

or willful misconduct of Indemnitees. This obligation shall include but not be<br />

limited to injury to, or death of, any person or damage to, or destruction or loss<br />

of any property. As used in the preceding sentence, the words, “any property”<br />

shall include, but shall not be limited to, property of the Owner, Contractor and<br />

Contractor’s surety, Subcontractor or any Contractor, Subcontractor, agent or<br />

employee or any of them. Subcontractor shall at no cost or expense to the<br />

Owner, Contractor and Contractor’s surety, on request of the Owner, Contractor<br />

and Contractor’s surety, utilizing attorneys acceptable to them, defend any suit<br />

asserting a claim for any loss, damage or liability specified above, and<br />

Subcontractor shall pay any costs and attorneys’ fees that may be incurred by the<br />

Owner, Contractor and Contractor’s surety in connection with any such claims or<br />

suits or in enforcing the indemnity granted pursuant to this Paragraph 9. The<br />

defense and indemnification obligations hereunder shall be enforceable<br />

regardless of an allegation that the loss, cost, damage, claim, expense or liability<br />

arises from the sole negligence or willful misconduct of Indemnitees. Provided,<br />

however, that in the event a final, non-appealable ruling has been issued by a<br />

Court of competent jurisdiction finding that the loss, cost, damage, claim,<br />

expense or liability arises from the sole negligence or willful conduct of<br />

Indemnitees, Subcontractor shall be entitled to a reimbursement of all fees, costs<br />

and expenses paid in connection therewith from the Indemnitee found solely<br />

liable.<br />

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9.2 Liability Not Limited. In claims against any person or entity indemnified under<br />

Paragraph 9.1 by an employee of Subcontractor, anyone directly or indirectly<br />

employed by Subcontractor or anyone for whose acts Subcontractor may be<br />

liable, Subcontractor’s indemnification obligation under this Paragraph 9.1 shall<br />

not be limited by any limitation on the amount or type of damages,<br />

compensation or benefits payable by or for Subcontractor under workers' or<br />

workmen's compensation acts, disability benefit acts or other employee benefit<br />

acts.<br />

10. Insurance.<br />

10.1 Required Insurance. Subcontractor shall procure and maintain the insurance<br />

described in Exhibit F hereto.<br />

10.2 Evidence of Insurance. Subcontractor shall provide Contractor with satisfactory<br />

evidence that it has obtained the required insurance prior to the commencement of<br />

Subcontractor’s Work.<br />

10.3 Payment of Premiums. In the event of threatened cancellation of any required<br />

insurance policy for non-payment of premium, Contractor may, upon giving<br />

written notice to Subcontractor, pay same for Subcontractor and deduct said<br />

payment from the amount due Subcontractor hereunder.<br />

11. Surety Bond. Within thirty days upon written request by Contractor, Subcontractor shall<br />

furnish to Contractor performance and payment bonds guaranteeing the faithful<br />

performance of this Agreement and the payment of all labor and material bills relating<br />

to Subcontractor’s Work. Such bonds shall be issued by a surety company authorized to<br />

transact business within the State of Arizona approved by Contractor and shall be in a<br />

form acceptable to the Contractor. The premium for such bond shall be paid for by<br />

Contractor provided it does not exceed 3% of the face value of the bond. In the event the<br />

cost of said bond exceeds 3%, Subcontractor shall pay the excess. Failure to qualify for,<br />

and obtain said bond within 30 days shall be grounds for immediate termination.<br />

12. Warranty. Subcontractor warrants to the Owner and Contractor that all materials and<br />

equipment furnished under this Agreement will be of good quality and new unless<br />

otherwise specified by the Contract Documents, that Subcontractor’s Work will be free<br />

from faults and defects, and that Subcontractor’s Work will strictly conform to the<br />

<strong>Construction</strong> Standard. Subcontractor shall remove, replace and/or repair at its own<br />

expense and at the convenience of Contractor and/or the Owner any faulty, defective or<br />

improper work, materials or equipment discovered at any time within one (1) year from<br />

the date of final acceptance of the project by the Owner or Contractor for apparent<br />

defects and for such longer period: (i) as prescribed by the terms of any applicable<br />

special guaranty required by the Contract Documents; (ii) as may be prescribed by law;<br />

or (iii) as Contractor may be exposed to liability for. In addition, Subcontractor shall pay<br />

for all damages suffered by Contractor or the Owner as a result of defects in the work,<br />

failure to perform in accordance with the terms of this Agreement, or breach of the<br />

warranties contained herein, and all costs and expenses necessary to correct, remove,<br />

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eplace and/or repair the work and any other work or property which may be damaged<br />

in correcting, removing, replacing or repairing such work. This warranty shall be in<br />

addition to and not in limitation of any other warranty or remedy required by law or by<br />

the Contract Documents.<br />

13. Liquidated Damages. Subcontractor and Contractor agree that a delay in performance<br />

by Subcontractor will cause damage to Contractor in an amount that could be difficult to<br />

determine. For this reason Contractor and Subcontractor agree that $100 per day is a<br />

good faith estimate of Contractor’s damages, and not a penalty. This amount will be<br />

assessed against Subcontractor in the event it is late pursuant to the then existing<br />

schedule.<br />

14. Assignment by Subcontractor. Subcontractor shall not let, assign or transfer this<br />

Agreement, any part thereof or any interest therein, without the prior written consent of<br />

Contractor.<br />

15. Subcontractor’s Acceptance of Work. Should the proper workmanlike and accurate<br />

performance of any of Subcontractor’s Work depend wholly or partially upon the<br />

proper workmanlike or accurate performance of any work or materials furnished by<br />

Contractor or other subcontractors on the project, Subcontractor agrees to use all<br />

reasonable means necessary to discover any defects in such work and report same in<br />

writing to Contractor before proceeding with Subcontractor’s Work and to allow<br />

Contractor a reasonable time in which to remedy such defects. Subcontractor shall<br />

report, in writing, to the Contractor any alleged defects in any Work of another person<br />

or persons on or in which Subcontractor is to install its Work provided however, that<br />

such defects are of the type that it would be reasonable to expect that Subcontractor<br />

would become aware of the defect in its normal course of work. Failure to promptly<br />

report said defects shall be deemed an acknowledgment by Subcontractor that such<br />

other Work is fit and proper for the reception, attachment or covering by Subcontractor<br />

and no claimed defect caused by any Work so covered or attached shall be recognized as<br />

valid or may be asserted by Subcontractor to justify any failure to perform on its part.<br />

Subcontractor shall not proceed with this Work until the Contractor has approved a plan<br />

for remedying any such defects and/or for adjusting the scope of the Subcontractor’s<br />

Work to modify or correct such defect and/or to adapt the Work to such defect and to<br />

issue an appropriate change order in regard thereto.<br />

If the Subcontractor proceeds to cover, enclose and/or build upon or onto such<br />

defective work without the prior written consent of the Contractor, Subcontractor shall<br />

assume all responsibility therefore and shall be responsible for all damages that may<br />

result, including but not limited to all costs of removing and reconstructing any of such<br />

unauthorized Work.<br />

16. Cooperation. Subcontractor shall cooperate with Contractor, other contractors and<br />

subcontractors, and the Owner's own forces, if any, whose work might interfere with<br />

Subcontractor's Work. Subcontractor shall participate in the preparation of coordinated<br />

drawings, if required by the Prime Contract, specifically noting and advising Contractor of<br />

potential conflicts between Subcontractor’s Work and that of Contractor, other contractors<br />

and subcontractors or the Owner's own forces.<br />

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17. Clean Up. Subcontractor shall clean up and remove from the jobsite on a daily basis all<br />

rubbish and debris resulting from Subcontractor’s Work. Failure to clean up rubbish<br />

and debris after receipt of notice from Contractor shall serve as cause for withholding<br />

further payment, at the option of Contractor, to Subcontractor until such time as the<br />

condition is corrected to the satisfaction of Contractor.<br />

18. Compliance with Laws. Subcontractor shall comply with all applicable federal, state, and<br />

local, laws, rules, regulations and ordinances including, but not limited to, laws, rules,<br />

regulations and ordinances related to taxes, immigration, hazardous substances, social<br />

security, unemployment compensation, workers compensation, equal opportunity and<br />

safety.<br />

19. Permits, Licenses, Fees, Taxes, Etc. Subcontractor shall, at Subcontractor’s own<br />

expense, apply for and obtain all necessary business permits and licenses and shall pay<br />

all taxes and fees associated with Subcontractor’s Work (except for the prime contracting<br />

privilege tax liability, which will be Contractor’s responsibility). The Subcontractor will<br />

be reimbursed by the Contractor for all direct costs of any construction permits<br />

necessary to complete the Subcontractor’s Work. Subcontractor shall hold Contractor<br />

harmless against liability by reason of Subcontractor’s failure to pay federal, state,<br />

county or municipal taxes or to otherwise comply with this paragraph.<br />

20. Safety Precautions. Subcontractor shall be responsible for initiating, maintaining and<br />

supervising all safety precautions and programs in connection with the performance of<br />

this Agreement. In addition, Subcontractor shall comply with all applicable laws,<br />

ordinances, rules, and orders of public authorities for the safety of persons or property.<br />

Subcontractor shall defend, indemnify and hold harmless, the Owner and Contractor<br />

from and against all claims, damages, losses, expenses, fines or penalties arising out of<br />

or resulting from Subcontractor’s failure to comply with this paragraph. Subcontractor<br />

shall report to Contractor within three (3) days any injury to an employee,<br />

representative, or agent of Subcontractor or its subcontractors which occurred at the site<br />

or in connection with Subcontractor’s Work.<br />

21. Hazardous Substances. If hazardous substances of a type for which an employer is<br />

required by law to notify its employees are being used on the site by Subcontractor,<br />

Subcontractor’s subcontractors or anyone directly or indirectly employed by them,<br />

Subcontractor shall, prior to exposure of any employee on the site to any such substance,<br />

give written notice of the chemical composition thereof to Contractor in sufficient detail<br />

and time to permit compliance with such laws by Contractor, other subcontractors and<br />

other employers on the site. In the event Subcontractor encounters material on the site<br />

which Subcontractor reasonably believes to be asbestos or polychlorinated biphenyl<br />

(PCB) which has not been rendered harmless, Subcontractor shall immediately stop<br />

work in the area affected and report the condition to Contractor in writing.<br />

22. Risk of Loss. Subcontractor shall be responsible for its own work, property and / or<br />

materials until completion and a final acceptance by the Owner, and shall bear the risk<br />

of any loss or damage until such acceptance. In the event of loss or damage to<br />

Subcontractor’s work, Subcontractor shall proceed promptly to make repairs or replace<br />

the damaged work, property and / or materials at Subcontractor’s own expense as<br />

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directed by Contractor. Subcontractor waives all rights Subcontractor might have<br />

against the Owner and Contractor for loss or damage to Subcontractor’s work, property<br />

or materials. Subcontractor shall maintain sufficient insurance to cover all work in place<br />

and shall cause Contractor and the Owner to be named as additional insureds under<br />

such policy or policies.<br />

23. Supervision. Subcontractor shall have a competent supervisor on site who speaks<br />

English fluently whenever work is being performed under this Agreement.<br />

24. Notices and Communications. All notices, approvals and other communications<br />

provided for herein or given in connection herewith shall be validly given, made,<br />

delivered or served, if in writing, and delivered personally, by facsimile, by United<br />

States Mail, or sent by nationally recognized overnight courier (e.g., Federal Express,<br />

Airborne, UPS), to the address of the intended recipient at its address as set forth below,<br />

or to such other addresses as either party may from time to time designate in writing<br />

and deliver in a like manner.<br />

Contractor:<br />

AWH <strong>Construction</strong> Inc.<br />

6720 North Scottsdale Road<br />

Suite 160<br />

Scottsdale, AZ 85253-4424<br />

Attention: Sean T. Walters<br />

Facsimile: (480) 905-1419<br />

with a copy to:<br />

Lake & Cobb, P.L.C.<br />

1095 W. Rio Salado Parkway<br />

Suite 206<br />

Tempe, AZ 85281<br />

Attention: Richard L. Cobb<br />

Facsimile: (602) 523-3001<br />

Subcontractor:<br />

Attention:<br />

Facsimile:<br />

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with a copy to:<br />

Attention:<br />

Facsimile:<br />

Notices, approvals and other communications provided for herein shall be deemed<br />

delivered upon personal delivery, upon confirmed facsimile transmission, or 24 hours<br />

following deposit with a nationally recognized overnight courier, as herein above<br />

provided, prepaid and addressed as set forth above. Notice given by United States Mail<br />

shall be effective three days after mailing.<br />

25. Third-Party Beneficiary. The parties acknowledge that the Owner is an intended thirdparty<br />

beneficiary of all warranties, covenants, indemnities and guaranties made by<br />

Subcontractor under this Agreement.<br />

26. Warranties Survive Termination. All warranties, covenants, conditions, indemnities<br />

and guaranties contained herein shall survive the termination of this Agreement.<br />

27. Attorneys' Fees. In the event either party finds it necessary to bring any action at law or<br />

other proceeding against the other party hereto to enforce any of the terms, covenants or<br />

conditions hereof, the party prevailing in any such action or other proceeding shall be<br />

paid all reasonable costs and reasonable attorneys' fees by the non-prevailing party, and<br />

in the event any judgment is secured by said prevailing party, all such costs and<br />

attorneys' fees shall be included therein, such fees to be set by the court (or the<br />

arbitrator, as applicable) and not by jury.<br />

28. Further Acts. Each of the parties hereto shall execute and deliver all such documents<br />

and perform all such acts as reasonably necessary, from time to time, to carry out the<br />

matters contemplated by this Agreement.<br />

29. Entire Agreement. This Agreement constitutes the entire agreement between the parties<br />

hereto pertaining to the subject matter hereof. All prior and contemporaneous<br />

agreements, representations and understandings of the parties, oral or written, are<br />

hereby superseded and merged herein. No change or addition is to be made to this<br />

Agreement except by written amendment executed by the parties hereto.<br />

30. Governing Law. This Agreement is entered into in Arizona and shall be construed and<br />

interpreted under the laws of the State of Arizona.<br />

31. Consent to Jurisdiction. Should Contractor be named as a defendant or respondent in<br />

any lawsuit, arbitration or other proceeding that relates in any way to Subcontractor’s<br />

Work, Subcontractor hereby submits to the jurisdiction of the applicable court,<br />

arbitration panel, tribunal or other authority and consents to being named as a thirdparty<br />

defendant or respondent in any such lawsuit, arbitration or proceeding.<br />

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32. Severability. If any provision of this Agreement is declared void or unenforceable, such<br />

provision shall be severed from this Agreement and shall not affect the enforceability of<br />

the remaining provisions of this Agreement.<br />

33. Counterparts. This Agreement may be executed in two or more counterparts, each of<br />

which shall be deemed an original, but all of which together shall constitute one and the<br />

same instrument. The signature pages from one or more counterparts may be removed<br />

from such counterparts and such signature pages all attached to a single instrument so<br />

that the signatures of all parties may be physically attached to a single document.<br />

34. Time of the Essence. Time is of the essence for performance or satisfaction of all<br />

requirements, conditions, or other provisions of this Agreement.<br />

IN WITNESS WHEREOF, Contractor and Subcontractor have executed this Agreement as of the<br />

date first set forth above.<br />

CONTRACTOR:<br />

SUBCONTRACTOR:<br />

AWH <strong>Construction</strong> Inc., an Arizona<br />

corporation<br />

By:<br />

Sean T. Walters<br />

Its: Authorized Representative<br />

By:<br />

Its:<br />

_____________________________<br />

AZ Contractor’s License Number<br />

_____________________________<br />

Transaction Privilege License Number<br />

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List of Exhibits<br />

Exhibit A:<br />

Exhibit B:<br />

Exhibit C:<br />

Exhibit D:<br />

Exhibit E:<br />

Exhibit E-1:<br />

Exhibit F:<br />

Exhibit G:<br />

Exhibit H<br />

Description of Work<br />

Schedule of Values/Application for<br />

Payment/Description of Work<br />

List of Approved Improvement Plans<br />

<strong>Construction</strong> Schedule<br />

Billing Instructions<br />

Conditional Lien Release<br />

Insurance Requirements<br />

Subcontractors and Suppliers<br />

Authorized Personnel<br />

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Exhibit A<br />

to<br />

Subcontract Agreement<br />

(Description of Work and Inclusions/Exclusions)<br />

Exhibit A – page 1


Exhibit B<br />

to<br />

Subcontract Agreement<br />

(Insert Excel Spreadsheet)<br />

Exhibit B – page 1


Exhibit C<br />

to<br />

Subcontract Agreement<br />

(List of Approved Improvement Plans)<br />

Exhibit C – page 1


Exhibit D<br />

to<br />

Subcontract Agreement<br />

(<strong>Construction</strong> Schedule)<br />

Exhibit D – page 1


Exhibit E<br />

to<br />

Subcontract Agreement<br />

BILLING INSTRUCTIONS<br />

AWH <strong>Construction</strong> Inc.<br />

<strong>Construction</strong> Contract and<br />

Purchase Order Billing Procedures<br />

Dear Subcontractor:<br />

Invoices submitted by the 25th, including all required backup, will be paid on the 25th of the following month.<br />

The invoice/draw needs to be in the following format for payment:<br />

1. Exhibit B, The Request for Payment, as originally sent with the contract will need to be properly<br />

completed and signed by the Subcontractor. The corresponding original invoice(s) must be attached to<br />

the Request for Payment. The contract number must appear on all invoices in order to process them for<br />

payment. Only one (1) invoice per Request for Payment.<br />

2. Reimbursement expense must be billed on a separate invoice with copies of all related back up. No markup<br />

will be paid on reimbursable expenses.<br />

3. No sales tax should be charged by the Subcontractor on this contract. Sales taxes are the<br />

responsibility of AWH <strong>Construction</strong> Inc.<br />

4. All construction invoices need to include conditional lien releases in the format attached (Exhibit E-1)<br />

from the Subcontractor and all Sub-Subcontractors and suppliers who worked on the project or otherwise<br />

provided Owner or AWH with a preliminary twenty day notice. Unconditional lien releases will be<br />

required for the prior pay period before the check for the current pay period is distributed to the<br />

Subcontractor.<br />

5. An Authorized Signers form must be completed annually and returned to AWH. Lien releases must be<br />

signed by one of the parties listed on the Authorized Signers form. AWH must be notified if deletions or<br />

substitutions are made to this list.<br />

6. Work above and beyond the contract value requires a contract change order.<br />

7. Please bill any permits previously authorized or as specified in bid to be reimbursed separately.<br />

8. Subcontractor is responsible for submitting an invoice for retention.<br />

9. All invoices should be billed to:<br />

AWH <strong>Construction</strong> Inc.<br />

6720 North Scottsdale Road, Suite 160<br />

Scottsdale, AZ 85253-4424<br />

Please contact the Project Coordinator (Debby Hanna) with any questions you may have regarding the billing<br />

procedures and requirements.<br />

** You must reference the contract number on all 20 Day Preliminary Notices or they will be rejected.<br />

Please furnish this information to your subcontractors and suppliers.<br />

Exhibit E – page 1


Exhibit E-1<br />

to<br />

Subcontract Agreement<br />

CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT<br />

Project:<br />

Contract Number:<br />

Enter Project Name<br />

Enter Contract Number<br />

Upon receipt by the undersigned of a check from AWH <strong>Construction</strong> Inc. in the sum<br />

(Maker of Check)<br />

of $___________________ payable to _____________________________________________, and when the check<br />

(Amount of Check) (SubContractor )<br />

has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective<br />

to release any Mechanic’s Lien, any state or federal statutory bond right, any private bond right, any claim for<br />

payment, any bonded stop notice, and any rights under any similar ordinance, rule or statute related to claim or<br />

payment rights for persons in the undersigned’s position that the undersigned has on the job of<br />

______________________________ located at ______________________________________ to the following<br />

(Project Name)<br />

(Project Address)<br />

extent. This release covers a progress payment for all labor, services, equipment or materials furnished to the jobsite<br />

or to____ AWH <strong>Construction</strong> Inc. ________________through _________________________<br />

(Contractor)<br />

(Date)<br />

only and does not cover any retention, pending modifications and changes, or other items furnished after that date.<br />

Before any recipient of this document relies on it, that person should verify evidence of payment to the undersigned.<br />

The undersigned warrants that he/she either has already paid or will use the monies he/she receives from<br />

this progress payment to promptly pay in full all of his laborers, subcontractors, materialmen and suppliers for all<br />

work, materials, equipment or services provided for or to the above referenced project up to the date of this waiver.<br />

DATE:________________________________<br />

________________________________________________<br />

(Contractor Name)<br />

By: _______________________________________________<br />

(Signature of Authorized Representative)<br />

__________________________________________________<br />

(Print Name of Person Signing)<br />

__________________________________________________<br />

(Title)<br />

Exhibit E-1 – page 1


Exhibit F<br />

to<br />

Subcontract Agreement<br />

(INSURANCE REQUIREMENTS)<br />

Subcontractor shall maintain the amounts and types of insurance described below and shall<br />

cause its subcontractors to maintain such coverages:<br />

A. Commercial General Liability Insurance (including premises, operations, products,<br />

completed operations, and contractual liability coverages) in an amount not less than<br />

$1,000,000 per occurrence, $1,000,000 personal injury and advertising injury, $2,000,000<br />

Products and Completed Operations Aggregate, and $2,000,000 General Aggregate. An<br />

additional $2,000,000 excess or umbrella liability limit shall follow form.<br />

B. Automobile Liability Insurance for all motor vehicles operated by or for Subontractor,<br />

including owned, hired, and non-owned autos, with minimum Combined Single Limit<br />

for Bodily Injury and Property Damage of $1,000,000 for each accident. Umbrella or<br />

excess liability policy to follow form.<br />

C. Workers Compensation Insurance as required by law, to cover the applicable statutory<br />

limits in the State of Arizona. If Worker's Compensation Insurance coverage is provided<br />

for "Leased Employees," Alternate Employer Endorsement form must be provided. A<br />

waiver of subrogation endorsement in favor of the contractor is required.<br />

D. Umbrella/Excess Liability Insurance providing excess liability coverage with respect to<br />

the commercial general liability, automobile liability and employers liability policies<br />

described above, on an occurrence basis with limits of at least $2,000,000 per occurrence<br />

and $2,000,000 general aggregate and products/completed operations aggregate. Such<br />

insurance shall follow form.<br />

The following general requirements shall apply to all insurance policies described in this<br />

Exhibit.<br />

1. All liability insurance policies, except professional liability and workers compensation<br />

insurance, shall be written on an occurrence basis.<br />

2. The commercial general liability insurance coverages shall: (i) include Contractor and<br />

the Owner as "additional insured" utilizing an ACORD form or equivalent acceptable to<br />

Contractor and must include by endorsement CG 2010 11 85 or equivalent wording such<br />

as to provide completed operations coverage for the insured and for the additional<br />

insured along with a waiver of subrogation endorsement evidencing the same; (ii) be<br />

issued by an insurer authorized in the State of Arizona; and (iii) provide that such<br />

Exhibit F – page 2


policies shall not be canceled or not renewed, nor shall any material change be made to<br />

the policy without at least thirty (30) days prior written notice to Contractor.<br />

3. The liability insurance policies shall provide that such insurance shall be primary on a<br />

non-contributory basis and should provide contractual liability sufficient to meet the<br />

obligation assumed in the contract.<br />

4. Subcontractor shall provide Contractor with certificates evidencing the insurance<br />

coverages required by this Exhibit in the certificate form described in Items 2 of this<br />

Exhibit, prior to the commencement of any activity or operation which could give rise to<br />

a loss to be covered by such insurance. Replacement certificates shall be sent to<br />

Contractor, as policies are renewed, replaced, or modified.<br />

5. The foregoing insurance coverage must be maintained in force at all times during the<br />

construction of Subcontractor’s Work and the Commercial General Liability Insurance<br />

(for Products and Completed Operations) is to be maintained for at least one (1) year<br />

following Final Completion of Subcontractor’s Work.<br />

Other Requirements<br />

1. Enter Applicable Entities shall be named as an additional insured with respect to ALL<br />

OPERATIONS performed for the additional insured.<br />

2. Enter Applicable Entities shall receive thirty (30) days advance written notice of cancellation or<br />

change in coverage.<br />

Mail Certificate to<br />

AWH <strong>Construction</strong> Inc.<br />

6720 N. Scottsdale Road, Ste. 160<br />

Scottsdale, AZ 85253<br />

Failure of Subcontractor to maintain at all times all of the insurance coverage as provided for above<br />

shall be deemed a material breach of the Agreement.<br />

The undersigned has read and fully understands the foregoing and agrees to be bound by all of the<br />

terms and conditions contained herein.<br />

SUBCONTRACTOR: ___________________________<br />

By: __________________________________________<br />

Dated: ________________________________<br />

Exhibit F – page 2


Exhibit G<br />

to<br />

Subcontract Agreement<br />

AWH <strong>Construction</strong> Inc.<br />

SWORN STATEMENT OF SUBCONTRACTORS, LABOR SUPPLIERS AND SUPPLIERS<br />

Enter Contract Number<br />

Please list all Subcontractors, Labor Supplier Sub-Tiers and Suppliers currently used or will be used on this contract.<br />

Check appropriate box below:<br />

Yes, Subcontractors, Labor Supplier Sub-Tiers and Suppliers<br />

(if yes, please list below, sign, date and return to AWH)<br />

No, Subcontractors, Labor Supplier Sub-Tiers,<br />

and Suppliers (if no, please sign, date, and<br />

return to AWH)<br />

Company Name Contact Name Address Phone Subcontractor,<br />

Labor Supplier<br />

or Supplier<br />

Completed By:<br />

SUBCONTRACTOR<br />

By:<br />

Print:<br />

Title:<br />

Date:<br />

«Company»<br />

______________________________________<br />

______________________________________<br />

______________________________________<br />

______________________________________<br />

Exhibit G – page 1


Exhibit H<br />

to<br />

Subcontract Agreement<br />

(AUTHORIZED PERSONNEL)<br />

SEAN T. WALTERS<br />

Exhibit H – page 1


PROJECT INFORMATION for<br />

Contract #73-XXXX-XX<br />

Work Location:<br />

Owner Address:<br />

Contractor:<br />

Enter description of work and specific work location<br />

(this information should match contract exactly)<br />

Enter Owner’s Name<br />

Enter Owner’s Address<br />

Enter Owner’s Address<br />

AWH <strong>Construction</strong> Inc.<br />

Billing Name:<br />

AWH <strong>Construction</strong> Inc.<br />

Address: 6720 N. Scottsdale Road, Suite 160<br />

Scottsdale, AZ 85253<br />

Telephone: (480) 905-0770<br />

Fax: (480) 905-8351<br />

Project Contacts Email Direct Line Fax Number<br />

Jeremy Johnson jjohnson@sunbeltholdings.com (623) 518-2015 (623) 518-2019<br />

(<strong>Construction</strong> Manager)<br />

Debby Hanna dhanna@sunbeltholdings.com (480) 609-23254 (623) 518-2019<br />

(Project Coordinator)<br />

Accounting Contacts Email Direct Line Fax Number<br />

Hope Ipema hipema@sunbeltholdings.com (480) 609-2323 (480) 905-8351<br />

(Project Controller)<br />

Lender:<br />

Bond Information:<br />

Enter Owner’s Lender (N/A if none)<br />

Enter Bond Information (N/A if none)<br />

** You must reference the contract number on all 20-Day Preliminary Notices or they will<br />

be rejected. Please furnish this information to your subcontractors and suppliers or<br />

subconsultants.


Exhibit 'B'<br />

<strong>Bid</strong> Proposal Extension<br />

Vistancia <strong>Parcel</strong> <strong>G1</strong> <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong><br />

Description of Work to be completed<br />

Units<br />

Contractor<br />

Qty.<br />

Unit Price Total Cost<br />

<strong>Lift</strong> <strong>Station</strong> & Site Work<br />

1 General Requirements LS 1 $<br />

-<br />

2 Survey, Staking, and Verification of Field Measurements and Utility Locations LS 1 $<br />

-<br />

3 Pump System and Wet Well LS 1 $<br />

-<br />

4 Concrete Equipment Pads and Supports LS 1 $<br />

-<br />

5 Below Grade Piping, Valves, and Accessories LS 1 $<br />

-<br />

6 Site Grading, Access Drives, and On-Site Decomposed Granite LS 1 $<br />

-<br />

7 Odor Control LS 1 $<br />

-<br />

8 Slump Block Site Wall and Access Gates LS 1 $<br />

-<br />

9 Allowance for APS Electrical Service LS 1 $ 15,000.00 $ 15,000.00<br />

10 Secondary Electrical and Instrumentation LS 1 $<br />

-<br />

11 Performance Testing LS 1 $<br />

-<br />

12 Standby Diesel Generator LS 1 $<br />

-<br />

13 Programming LS 1 $<br />

-<br />

14 SUBTOTAL BASE BID $ 15,000.00<br />

15 TAX (Excluded) $<br />

-<br />

16 TOTAL LUMP SUM BASE BID $ 15,000.00<br />

No alterations or reproducing of Exhibit 'B' will be accepted.<br />

Submitted By:<br />

Subcontractor<br />

Signature<br />

Date<br />

Exhibit B <strong>Parcel</strong> <strong>G1</strong> <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong> Page 1


Exhibit C<br />

List of Plans for <strong>Parcel</strong> <strong>G1</strong><br />

Engineer Job Number Plan Type/Title<br />

Stanley Consultants, Inc. 17477.71.04<br />

Final Plat of Vistancia Village A<br />

<strong>Parcel</strong> <strong>G1</strong><br />

City<br />

Approval<br />

Date<br />

12/24/12<br />

Stanley Consultants, Inc. 17477.71.01<br />

Stanley Consultants, Inc. 17477.71.01<br />

Stanley Consultants, Inc. 17477.71.01<br />

Stanley Consultants, Inc. 17477.71.01<br />

Stanley Consultants, Inc. 17477.71.01<br />

Stanley Consultants, Inc. 17477.72.01<br />

Grading Plans for <strong>Parcel</strong> <strong>G1</strong> at<br />

Vistancia North<br />

<strong>Sewer</strong> Plans for <strong>Parcel</strong> <strong>G1</strong> at<br />

Vistancia North<br />

Water Plans for <strong>Parcel</strong> <strong>G1</strong> at<br />

Vistancia North<br />

Paving & Drainage Plans for <strong>Parcel</strong><br />

<strong>G1</strong> at Vistancia North<br />

Local Signing & Striping Plans for<br />

<strong>Parcel</strong> <strong>G1</strong> at Vistancia North<br />

<strong>Parcel</strong> <strong>G1</strong> at Vistancia North Storm<br />

Water Pollution Prevention Plans<br />

11/01/12<br />

11/14/12<br />

11/14/12<br />

11/14/12<br />

11/08/12<br />

GTR Engineering, LLC<br />

10PE1777<br />

Vistancia North <strong>Parcel</strong> <strong>G1</strong> Streetlight<br />

Design<br />

06/06/11<br />

Atwell 0402<br />

Alpha Geotechnical &<br />

Materials, Inc.<br />

Wilson Engineers<br />

04-G-00105<br />

X5020<br />

<strong>Parcel</strong> <strong>G1</strong> at Vistancia Landscape<br />

Improvement Plans<br />

Geotechnical Subsurface<br />

Explorations for: Vistancia <strong>Parcel</strong><br />

<strong>G1</strong>a; <strong>G1</strong>b; and <strong>G1</strong>c<br />

<strong>Parcel</strong> <strong>G1</strong> at Vistancia <strong>Lift</strong> <strong>Station</strong><br />

Plans<br />

Pending<br />

n/a<br />

12/13/11


ID Task Name Duration Start Finish Predecessors<br />

1 Native Tree/Plant Salvage 25 days Mon 3/18/13 Fri 4/19/13<br />

2 SWPPP Installation 5 days Mon 3/18/13 Fri 3/22/13 1SS<br />

6 <strong>Sewer</strong> <strong>Lift</strong> <strong>Station</strong> 200 days Wed 3/27/13 Wed 1/8/14<br />

7 Submittals, Procurement & Fabrication 80 days Wed 3/27/13 Thu 7/18/13 2FS+2 days<br />

8 <strong>Construction</strong> 140 days Thu 6/20/13 Wed 1/8/14 7SS+60 days<br />

3 Clear & Grub/Pre-Wet 10 days Mon 4/8/13 Fri 4/19/13 1FF<br />

4 Mass Grade/Finishing 30 days Mon 4/22/13 Mon 6/3/13 3<br />

9 <strong>Sewer</strong> Installation 32 days Tue 5/28/13 Thu 7/11/13 4FS-5 days<br />

5 Retaining/Theme/View Wall Installation 70 days Thu 6/6/13 Fri 9/13/13 4FS+2 days<br />

10 Waterline Installation 24 days Fri 7/12/13 Wed 8/14/13 9<br />

11 Storm Drain Installation 5 days Thu 8/8/13 Wed 8/14/13 10FS-5 days<br />

12 Dry Utility Trench & Conduit Install 20 days Thu 8/15/13 Thu 9/12/13 11<br />

13 Cox/Zona Install 5 days Fri 9/13/13 Thu 9/19/13 12<br />

14 SW Gas installation 5 days Fri 9/20/13 Thu 9/26/13 13<br />

15 Dry Utility Backfill 5 days Fri 9/27/13 Thu 10/3/13 14<br />

16 <strong>Sewer</strong> & Water Testing & Tie-ins 4 days Fri 10/4/13 Wed 10/9/13 15<br />

17 Grade Restoration 5 days Fri 10/4/13 Thu 10/10/13 15<br />

18 Irrigation Sleeves 2 days Fri 10/11/13 Mon 10/14/1317<br />

19 Concrete Curb & Gutter and Sidewalks 20 days Tue 10/15/13 Mon 11/11/1317,18<br />

20 Paving - Subgrade Prep 5 days Tue 11/12/13 Mon 11/18/1319<br />

21 Paving -ABC & Finish 10 days Tue 11/19/13 Tue 12/3/13 20<br />

24 Landscaping 50 days Tue 11/19/13 Thu 1/30/14 20<br />

22 Asphalt Paving 2 days Thu 12/5/13 Fri 12/6/13 21FS+1 day<br />

23 Utility Adjustments & Signage 3 days Mon 12/9/13 Wed 12/11/1322<br />

26 Streetlight Installation 5 days Mon 12/9/13 Fri 12/13/13 22<br />

25 APS Wire Pull & Terminations 10 days Thu 12/12/13 Thu 12/26/13 23<br />

27 City Final Walk 1 day Tue 12/24/13 Tue 12/24/13 23FS+8 days<br />

28 Punch List Work 5 days Thu 12/26/13 Thu 1/2/14 27<br />

29 As-built Submittal & Review Process 10 days Thu 12/26/13 Thu 1/9/14 27<br />

30 City Final Letter of Acceptance 0 days Thu 1/16/14 Thu 1/16/14 28,29FS+5 days,8<br />

31 HOA Landscape Acceptance 0 days Thu 1/30/14 Thu 1/30/14 24<br />

Vistancia <strong>Parcel</strong> <strong>G1</strong> Lot Development Schedule (130 Lots)<br />

2014<br />

Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar<br />

1/16<br />

1/30<br />

Task<br />

External Tasks<br />

Manual Task<br />

Finish-only<br />

Project: <strong>Parcel</strong> <strong>G1</strong> Development Schedule_3-18-13 s<br />

Date: Fri 2/22/13<br />

Split<br />

Milestone<br />

Summary<br />

External Milestone<br />

Inactive Task<br />

Inactive Milestone<br />

Duration-only<br />

Manual Summary Rollup<br />

Manual Summary<br />

Deadline<br />

Progress<br />

Project Summary<br />

Inactive Summary<br />

Start-only<br />

Page 1

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