Peoria JOC

CONTRACT AMENDMENT Materials Management

Procurement
9875 N. 85th Ave., 2nd FI.
Solicitation No: P19-0027B Page 1 of 1 Peoria, AZ 85345
Telephone: (623) 773-7115

Description: JOC for Traffic Systems Fax: (623) 773-7118

Amendment No: One (1) Date: October 28, 2019 Buyer: Lisa Houg

In accordance with the Contract Terms and Conditions, Section 2, Contract Term, the above referenced
contract shall expire on December 31, 2019 and is hereby extended.

The New Contract Term is: January 1, 2020 to December 31, 2020

Contractor hereby acknowledges receipt and agreement. A signed copy shall be filed with the City of Peoria, Materials

i) LA Vy Bruce W. Balls, General Manager B&F Contracting, Inc.

ature Date Typed Name and Title Company Name
11011 N. 23% Avenue Phoenix AZ 85029
Address City State Zip
Attested by: . pane
») at ber Ad ~
Rhonda Geriminsky, Clerk Director: Adina Lund, Development & Engineering
CC Number Department Rep: Chris Lemka, City Traffic Engineer

Approved as to Form:

Vanessa gee Ufo Attorney f

City Seal The above referenced Contract Amendment is hereby
Copyright 2003 Executed:

City of Peoria, Arizona
November 4 2o1 ,_at Peoria, Arizona

Christine Finney, Interim Materials Manggr

ACON53218A
Contract Number

(Rev 05/07/18)CF

City of Peoria, Arizona
Job Order Contract

Statement of Qualifications No: P19-0027B

Description of Work: Traffic Systems

Location: City of Peoria, Matcrials Management Contact: Lisa Houg

Mailing Address: 9875 N. 85" Ave., 2™ Fl., Peoria, AZ 85345 Phone: (623) 773-7115
OFFER

B&F Contracting, Inc.

Job Order Contractor Name

11011 N. 23 Avenue Bruce W. Balls
Address. Printed Name
Phoenix AZ 85029 General Manager
City State Zip Code Title
623-582-1170 623-764-7585 bruceb@bfcontracting.com
Telephone Cell Esmail

ACCEPTANCE OF OFFER AND CONTRACT AWARD (For City of Peoria Use Only)

Your offer is hereby accepted. ‘The Contractor is now bound to sell the construction services listed by the attached award notice based upon the solicitation, including all
terms conditions, specifications. amendments, etc., of the contract and the Contiactor’s offer as accepted by the City. The Contractor is hereby cautioned not to commence
any billable work or provide any material, service or construction under this contract until Contractor receives an executed Notice to Proceed and Purchase Order.

Attested by" City of Peoria, Arizona.

\Y . Eff. Date: [ QO q
lato en 4Q

eee Approved as to form:

- Hickman, Ci

ACON53218 Awarded on KVye. a+, holt

Contract Number

City Seal Official File Dan Zenko, Materials Manager
Copyright 2003 City of Peoria, Arizona

(Rev 12/2018)CF

JOB ORDER CONTRACT

P19-0027

JOC for Traffic Systems

CONTRACT FOR CONSTRUCTION

Rev (12/2018) CF

ARTICLE 1
ARTICLE 2
ARTICLE 3
ARTICLE 4
ARTICLE 5
ARTICLE 6
ARTICLE 7
ARTICLE 8
ARTICLE 9
ARTICLE 10
ARTICLE 11
ARTICLE 12
ARTICLE 13
ARTICLE 14
ARTICLE 15
ARTICLE 16

ATTACHMENTS
ATTACHMENTS
Attachment A
Attachment B

Attachment C
Attachment D

Rev (12/2018) CF

JOB ORDER CONTRACT AGREEMENT
TABLE OF CONTENTS

DEFINITIONS

CONTRACT TERM
PERFORMANCE OF THE WORK
JOB ORDER DOCUMENTS

-MATERIAL AND WORKMANSHIP

SITE CONDITIONS

JOB ORDER SCHEDULES
INSPECTION OF CONSTRUCTION AND ACCEPTANCE
INVOICING AND PAYMENT
CHANGES

INSURANCE & BONDS
INDEMNIFICATION

DISPUTES
TERMINATION AND DEFAULT
WARRANTY OF CONSTRUCTION
STANDARD TERMS AND CONDITIONS

JOC General Scope of Services

SIQ & Contractor’s Response

JOC Cost Proposal Forms (Pricing Matrix, Project Cost Sheet)
Contractor’s Contacts & Authorized Signature Form

JOB ORDER CONTRACTING
CONTRACT

THIS CONTRACT is entered into and made effective the 1“ day of January. 2019, by and between the City of Peoria,
Arizona, an Arizona charter municipality (the “Owner”), and B&F Contracting, Inc., (the “Job Order Contractor”).
The parties agree as follows:

1. DEFINITIONS.

1.1. Owner. Owner means Owner's senior manager, Contracting Officer or a duly authorized representative
which means any person specifically authorized to act for Owner by executing the Contract and any modification
thereto. Owner’s duties include administration of the Contract, including the negotiation of change orders and
modifications and assessing Job Order Contractor's technical performance and progress; inspecting and periodically
reporting on such performance and progress during the stated period of performance, and finally certifying as to the
acceptance of the Work in its entirety or any portion thereof, as required by the Contract documents.

1.2. Job Order Contractor. Job Order Contractor means Job Order Contractor's senior manager or its duly
authorized representative or any person specifically authorized to act for Job Order Contractor by executing the
Contract, and any modifications thereto. Job Order Contractor’s duties include administration of the Contract and
performance of the Work.

1.3. Contract. Contract means this agreement including its attachments and any Job Orders that may be issued.

1.4. | Subcontract. Subcontract means any Contract including purchase orders (other than one involving an
employer-employee relationship) entered into by Job Order Contractor calling for equipment, supplies or services
required for Contract performance, including any modifications thereto.

1.5.. Job Order. Job Order means a specific written agreement between the Owner and the Job Order Contractor
for Work to be performed under this Contract for an individual, mutually agreed upon scope of work, schedule and
price.

1.6. | Work. Work means in response to Job Orders that may be mutually agreed upon and issued periodically by
Owner, Job Order Contractor shall, except as may be specified elsewhere in the Contract, furnish all necessary labor,
materials, tools, supplies, equipment, transportation, supervision, management, and perform all operations necessary
and required for survey, design, and construction work which will be defined and further described as to specific
project requirements in each Job Order. The Work shall be performed in accordance with the requirements set forth
in each Job Order and as further specified in Attachment "A"(JOC General Scope of Services), Attachment “B”
(SIQ & Contractor’s Response), Attachment "C" (JOC Cost Proposal Forms), and in Attachment "D"
(Contractor’s Contacts), all of which are incorporated herein and made a part hereof.

1.7. Punch List Preparation. A minimum of thirty (30) days prior to Final Completion the Job Order
Contractor, in conjunction with the Owner, shall prepare a comprehensive list of Punch list items, which the Owner
may edit and supplement. The Job Order Contractor shall proceed promptly to complete and correct Punch list items.
Failure to include an item on the Punch list does not alter the responsibility of the Job Order Contractor to complete
all Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall not
commence until the date of Final Completion unless otherwise provided in the Contract Documents.

1.8. | Final Completion. Final Completion of the Work shall be deemed to have occurred on the later of the
dates that the Work passes a Final Completion inspection and acceptance by the Owner. Final Completion shall not
be deemed to have occurred and no final payment shall be due the Job Order Contractor.or any of its subcontractors
or suppliers until the Work has passed the Final Completion inspection and acceptance and all required Final
Completion close-out documentation items has been produced to the Owner by the Job Order Contractor.

1.9. Reference Standards

‘1.9.1. The “Uniform Standard Specifications for Public Works Construction” and the “Uniform Standard
Details for Public Works Construction” which are sponsored and distributed by the Maricopa Association of

Rev (12/2018) CF

Governments (MAG), and which are hereinafter referred to as the “MAG Specifications”, are hereby adopted as part
of these contract documents.

1.9.2. July 15, 1997 by Section 23-50a of Ordinance 97-38, the City of Peoria adopted the “Uniform
Standard Details for Public Works Construction from the Maricopa County Association of Governments by reference
with certain exceptions.

1.9.3. A copy of these documents is kept on file at the Office of the City Clerk at the City of Peoria.
2. CONTRACT TERM

2.1. Contract Term. The term of the Contract shall commence on the date it was executed by both parties and
shall continue for a period of one (1) year thereafter in accordance with the terms and conditions of this Contract.
By mutual written Contract Amendment, any resultant contract may be extended for supplemental periods of up to
a maximum of forty-eight (48) months. Job Orders may be issued at any time during the term of this Contract. This
Contract will remain in full force and effect during the performance of any Job Order.

2.2. Job Order. In response to Job Orders that may be mutually agreed upon and issued periodically by Owner,
Job Order Contractor shall perform the Work, except as may be specified elsewhere in the Contract, which will be
defined and further described as to specific project requirements in each Job Order. The Work shall be performed
in accordance With the requirements set forth in each Job Order and as further specified in Attachment "A "JOC
General Scope of Services), Attachment “B” (SIQ & Contractor’s Response), Attachment "C" (JOC Cost Proposal
Forms), and in Attachment "D" (Contractor’s Contacts), all of which are incorporated herein and made a part
hereof.

2.3. Mutual Agreement. This Contract embodies the agreement of Owner and Job Order Contractor to terms
and conditions which will govern any Work that may be prescribed under a Job Order that may be issued by Owner
and agreed to by Job Order Contractor. Nothing herein shall be construed as requiring Owner to issue any Job Order,
nor requiring Job Order Contractor to accept any Job Order, it being the intent that both parties must mutually agree
to any specific Work before a Job Order may be issued.

2.4. Cooperative Purchasing: This contract shall be for the use of the City of Peoria. In addition, specific
eligible political subdivisions and nonprofit educational or public health institutions may also participate at their
discretion. In order to participate in any the contract, a political subdivision or nonprofit educational or public health
institution must have been invited to participate in this specific solicitation and the contractor must be in agreement
with the cooperative transaction. In addition to cooperative purchasing, any eligible agency may elect to participate
(piggyback) on the contract; the specific eligible political subdivision, nonprofit educational or public health
institution and the contractor must be in agreement. Any orders placed to the contractor will be placed by the specific
agencies participating in this purchase. Payment for purchases made under this agreement will be the sole
responsibility of each participating agency. The City shall not be responsible for any disputes arising out of
transactions made by others.

3. PERFORMANCE OF THE WORK

3.1. Job Order Agreement. Performance of the Work shall be undertaken only upon the issuance of written
Job Orders by Owner. Job Orders shall be in accordance with the requirements specified in Attachment "A" (JOC
General Scope of Services), and shall set forth, with the necessary particularity, the following:

3.1.1, Contract number along with Job Order Contractor's name;

3.1.2. Job Order number and date;

3.1.3. The agreed Work and applicable technical specifications and drawings;

3.1.4. The agreed period of performance and, if required by Owner, a work schedule;
3.1.5. The place of performance;

3.1.6. The agreed total price for the Work to be performed;

Rev (12/2018) CF

3.1.7. Submittal requirements;
3.1.8. Owner’s authorized representative who will accept the completed Work;
3.1.9. Signatures by the parties hereto signifying agreement with the specific terms of the Job Order;
and
, 3.1.10. Such other information as may be necessary to perform the Work.

3.2. Job Order Contractor Duties and Obligations.

3.2.1. Permits & Responsibilities. Job Order Contractor shall be responsible for processing of drawings,
for approval by appropriate oversight bodies; for obtaining any necessary licenses and permits; and for complying
with any Federal, State and municipal laws, codes, and regulations applicable to the performance of the Work.
Owner will reimburse Job Order Contractor for the actual, documented costs of construction permits required for the
performance of the Work. Job Order Contractor shall also be responsible for all damages to persons or property that
occur as a result of Job Order Contractor's fault or negligence, and shall take proper safety and health precautions to
protect the Work, the workers, the public, and the property of others. Job Order Contractor shall also be responsible
for all materials delivered and work performed until completion and acceptance of the entire Work, except for any
completed unit of Work which may have been accepted under the Contract.

3.2.2. Self-Performance By The Job-Order-Contractor. The JOC shall be allowed to bid as a
subcontractor for work over $50,000 and, if it is the lowest acceptable bidder. Any change orders for self-performed
work shall require pre-approval by the owner.

3.2.3. Outdoor Construction Restrictions. Peoria Ordinance No. 98-11 restricts outdoor construction as
listed in the following table:

Construction Type April 2 — September 29 September 30 — April 1
A | Concrete Work 5:00 a.m. to 7:00 p.m. 6:00 a.m. to 7:00 p.m.
B | Other Construction (within 500 feet of 6:00 a.m. to 7:00 p.m. 7:00 a.m. to 7:00 p.m.
residential area)
C | Construction Work (more than 500 feet | 5:00 a.m. to 7:00 p.m. 5:00 a.m. to 7:00 p.m.
of residential area)

3.2.3.1. No interference with the traffic flow on arterial streets shall be permitted during the hours of 6:00
a.m. to 8:30 a.m. or from 4:00 p.m. to 7:00 p.m. unless prior authorization is obtained in writing by the City of Peoria
Traffic Engineer or their assignee. Specific work hours may be stipulated by the City of Peoria on the project
barricade plan. :

3.2.3.2. During off-peak hours, the minimum number of lanes shall be two lanes (one in each direction) on
streets with four lanes or less and four lanes (two in each direction) on streets with five or more lanes.

3.2.3.3. Night work must have prior authorization from the City. In addition, certain areas of the City may
have seasonal or special event restrictions for construction work as designated by the City on a case by case basis.

3.2.4. Jobsite Superintendent. During performance of a Job Order and until the Work is completed and
accepted, Job Order Contractor shall directly superintend the Work or assign a competent superintendent who will
- Supervise the performance of Work and is satisfactory to Owner and has authority to act for Job Order Contractor.

3.2.4.1. Job Order Contractor will ensure that the site supervisor for the project is English proficient and
that there is at least one English proficient person at the construction site at all times work is being performed in
order to communicate with the City’s project manager.

3.2.5. Construction Layout. Job Order Contractor shall lay out its work in accordance with the Contract
plans and specifications and shall be responsible for all measurements in connection with the layout of the Work.

-6-
Rev (12/2018) CF

Job Order Contractor shall furnish, at its own expense, all stakes, templates, platforms, equipment, tools, materials,
and labor required to layout any part of the Work. Job Order Contractor shall also be responsible for maintaining
and preserving all control points established by Owner.

3.2.6. Survey Control Points. Existing survey markers (either brass caps or iron pipes) shall be protected
by the Contractor or removed and replaced under direct supervision of the City Engineer or his authorized
representatives. Survey monuments shal! be constructed to the requirements of MAG Specifications, Section 405,
and Standard Details. Lot comers shall not be disturbed without knowledge and consent of the property owner. The
Contractor shall replace benchmarks, monuments, or lot corners moved or destroyed during construction at no
expense to the Owner. Contractor and his sureties shall be liable for correct replacement of disturbed survey
benchmarks except where the Owner elects to replace survey benchmarks using his own forces.

3.2.7. - Traffic Regulations, All traffic affected by this construction shall be regulated in accordance with
the City of Phoenix — Traffic Barricade manual, latest edition, and the City of Phoenix in the Traffic Barricade
Manual shall be referred to as the City of Peoria City Engineer for interpretation.

At the time of the pre-construction conference, the Contractor shall designate an employee who is well qualified and
experienced in construction traffic control and safety to be responsible for implementing, monitoring and altering
traffic control measure, as necessary. At the same time the City will designate a representative who will be
responsible to see that all traffic control and any alterations are implemented and monitored to the extent that traffic
is carried throughout the work area in an effective manner and that manner and that motorists, pedestrians, bicyclists
and workers are protected from hazard and accidents.

3.2.7.1. The following shall be considered major streets: All major Parkway, mile (section line), arterial
and collector (mid-section line and quarter section line) streets so classified by the City of Peoria.

3.2.7.2. All traffic control devices required for this project shall be the responsibility of the Contractor. All
traffic control devices shall conform to the general requirements set forth in the Manual of Uniform Traffic Control
Devices (MUTCD), and shall be placed in accordance with approved traffic control plan and traffic control permit.

3.2.7.3. The Contractor shall provide, erect and maintain all necessary flashing arrow boards, barricades,
suitable and sufficient warning lights signals and signs, and shall take all necessary precautions for the protection of
the work and safety of the public. The Contractor shall provide, erect and maintain acceptable and adequate detour
signs at all closures and along detour routes.

3.2.7.4. All barricades and obstructions shall be illuminated at night, and all safety lights shall be kept
burning from sunset until sunrise. All barricades and signs used by the Contractor shall conform to the standard
design, generally accepted for such purposes.

3.2.7.5. The Contractor shall insure that all existing traffic signs are erect, clean and in full view of the
intended traffic at all times. Street name signs at major street intersections shall be maintained erect at all times. If
these signs should interfere with construction, the Contractor shall notify the Inspector at least forty eight (48) hours
in advance for City personnel to temporarily relocate said signs. The City Engineer will re-set all traffic and street
name signs to permanent locations when notified by the Engineer that construction is complete unless otherwise
stated in the specifications. Payment for this item shall _be made at the agreed upon contract allowance price for
TRAFFIC CONTROL.

3.2.7.6. The Police Department shall determine if construction activities or traffic hazards at the
construction project require the use of Police Assistants or AZ Post Certified Peace Officers, alternatively, if the
Police Department determines that flagmen are sufficient, it shall be the Contractor’s responsibility to provide
adequate personnel including flagmen to direct traffic safely. All City of Peoria projects shall use only City of Peoria
Police Assistants or City of Peoria AZ Post Certified Officers, unless the Police Chief or their designee has
determined that no such assistants or officers are available. Arrangements for Police Assistant or Police Officer
services should be made with the liaison officer at the Peoria Police Department via email at offduty@peoriaaz.gov.

3.2.7.7. Manual traffic control shall be in conformity with the Traffic Barricade Manual. A traffic control
plan shall be submitted to the Peoria Police Department indicating whether a need for traffic control exists during

Rev (12/2018) CF

the project. The traffic control plan shall be submitted electronically and the liaison officer shall be contacted at the
Peoria Police Department via email at offduty@peoriaaz.gov.

3.2.7.8. When traffic hazards at construction sites warrant the use of certified police personnel to direct
traffic, arrangement should be made with the liaison officer at the Peoria Police Department via email at

offduty@peoriaaz.gov.

3.2.7.9. The assembly and turnarounds of the Contractor’s equipment shall be accomplished using adjacent
local streets when possible.

3.2.7.10. Equipment used and/or directed by the Contractor shall travel with traffic at all times. Supply
trucks shall travel with traffic except when being spotted. Provide a flagman or officer to assist with this operation.

3.2.7.11. During construction, it may be necessary to alter traffic control. Alterations shall be in accordance
with the Traffic Barricade Manual.

3.2.7.12. No street within this project may be closed to through traffic or to local emergency traffic without
Prior written approval of the City Engineer of the City of Peoria. Written approval may be given if sufficient time
exists to allow for notification of the public at least two (2) days in advance of such closing. Partial closure of streets
within the project shall be done in strict conformity with written directions to be obtained from the City Engineer.

3.2.7.13. Caution should be used when excavating near intersections with traffic signal underground cable.
Notify the City Engineer twenty four (24) hours in advance of any work at such intersections. The Contractor shall
install and maintain temporary overhead traffic signal cable as specified by the City Engineer when underground
conduit is to be severed by excavations at intersections. The Contractor shall provide an off-duty uniformed police
officer to direct traffic while the traffic signal is turned off and the wiring is transferred. All damaged or modified
traffic signal overhead and underground items shall be repaired and restored to the City Engineer’s satisfaction.
Magnetic detector loops shall under no circumstances be spliced.

3.2.7.14. The Contractor shall address how local access to adjacent properties will be handled in accordance
with the specification herein.

3.2.7.15. Where crossings of existing pavements occur, no open trenches shall be permitted overnight, but
plating may be permitted if conditions allow as determined by the City Engineer or his authorized representative. If
plates cannot be used, crossings shall be back-filled or the Contractor shall provide a detour.

3.2.8. Operations & Storage. Job Order Contractor shall confine all operations (including storage of
materials) to areas authorized or approved by Owner. :

3.2.9. Cleaning Up & Refuse Disposal. Job Order Contractor shall at all times keep the site, including
storage areas, free from accumulations of waste materials. Before completing the Work, Job Order Contractor shall
remove from the premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of
Owner. Upon completing the Work, Job Order Contractor shall leave the site in a clean and orderly condition
satisfactory to Owner.

3.2.9.1. Final cleanup of the premises shall be included in the period of performance of the Job Order.

3.2.9.2. Job Order Contractor shall be responsible for all construction refuse disposal containers and their
removal from the site.

3.2.9.3. Disposal of any hazardous materials not addressed and priced in the Job Order will be segregated
for disposal by Owner unless Owner requires Job Order Contractor to dispose of the materials in which case, an
equitable adjustment in the price will be negotiated and agreed.

3.2.9.4. The Contractor and/or subcontractor shall be required to use the City of Peoria Solid Waste
Division’s services for commercial collection of Solid Waste. This requirement is not intended to preclude other
methods or means for hauling debris or excess material from the project site such as trucking large volumes of
material, including soil, building demolition, or hazardous and special wastes. The intent is to use City of Peoria
Solid Waste service where standard waste disposal is needed. Specifically, all roll-off and front-load containers used

Rev (12/2018) CF

on a City of Peoria construction site shall be contracted for through the City of Peoria Solid Waste Division at the
prevailing rate. It is the contractor’s responsibility to contact and make all necessary arrangements with the City of
Peoria Solid Waste Division for these services. Any and all charges for these services are the responsibility of the
contractor. The City Solid Waste Division may, at it’s option, decline to provide service for business reasons at any
time during the contract. Any exceptions to this requirement will be at the sole discretion of the City Solid Waste
Division. Please contact the Solid Waste Customer Service Representatives at 623-773-7160.

3.2.10. Existing Improvements and Utilities, Job Order Contractor shall protect from damage all existing
improvements and utilities at or near the site and on adjacent property of third parties, the locations of which are
made known to or should be known by Job Order Contractor. Job Order Contractor shall repair any damage to those
facilities, including those that are the property of third parties, resulting from failure to comply with the requirements
of the Job Order or failure to exercise reasonable care in performing the Work. -If Job Order Contractor fails or
refuses to repair the damage promptly, Owner may have the necessary repair work performed and charge the cost to
Job Order Contractor.

3.2.11. Safety. Job Order Contractor shall be responsible for compliance with all safety rules and
regulations of the Federal Occupational Safety and Health Act of 1970 (OSHA), all applicable state and local laws,
ordinances, and regulations during the performance of the Work. Job Order Contractor shall indemnify Owner for
fines, penalties, and corrective measures that result from the acts of commission or omission of Job Order Contractor,
its subcontractors, if any, agents, employees, and assigns and its failure to comply with such safety rules and
regulations.

3.2.11.1. Job Order Contractor Safety Compliance. Job Order Contractor shall furnish and enforce the
use of individual protective equipment as needed to complete the Work, including hard hats, rain gear, protective
foot wear, protective clothing and gloves, eye protection, ear protection, respirators, safety belts, safety harnesses,
safety lifelines and lanyards, and high visibility reflective safety vests.

3.2.11.2. Job Order Contractor Provided Warnings. Job Order Contractor shall provide warning signs,
barricades and verbal warnings as required.

3.2.11.3. Emergency Procedures. Job Order Contractor shall inform its employees of emergency
procedures to be adhered to in case of a fire, medical emergency, or any other life-threatening situations.

3.2.11.4. Accident Notification. Job Order Contractor shall promptly notify Owner of any recordable
accident involving personnel or damage to material and equipment. Copies of any injury reports or accident
investigation reports shall be provided to the Owner.

3.2.11.5. Jobsite Safety Documents. Job Order Contractor shall maintain a set of OSHA articles and
Material Safety Data Sheets (MSDS) at the jobsite office as they apply to the Work being performed. Copies shall
be provided to Owner when requested.

3.2.11.6. Job Order Contractor’s Safety Program. Job Order Contractor shall submit to Owner a copy
of its safety policies and program procedures which establish the safety rules and regulations as they are to be applied
to performance of the Work. These documents shall be submitted by Job Order Contractor within fourteen (14)
calendar days after issuance of the initial Job Order and prior to the commencement of the Work.

3.2.11.7. Job Order Contractor Safety Representative. Job Order Contractor shall assign, during
performance of the Work, a designated safety representative to develop and monitor the project safety program. The
name, company address, and telephone number of the assigned individual shall be submitted to Owner by Job Order
Contractor along with its safety policies and program procedures.

3.2.11.8. Emergency Medical Treatment. Job Order Contractor shall make available for its employees
and those of its subcontractors, while they are performing Work on the site, emergency medical treatment either at
the site or at a nearby medical facility.

3.2.11.9. Owner’s Right to Monitor. Owner reserves the right to approve and monitor Job Order
Contractor's safety policies and program procedures as applied during performance of the Work. Failure to comply

Rev (12/2018) CF

with safety policies and program procedures, once approved by Owner, shall be cause for the termination of the Job
Order in accordance with § 14.

3.2.11.10. First Aid Kit. Job Order Contractor shall provide and maintain on the jobsite, at all times when
Work is in progress, a completely stocked first aid kit which contains all standard emergency medical supplies.

3.2.11.11. Fire Extinguisher. Job Order Contractor shall provide and maintain on the jobsite, at all times
when Work is in progress, a fully charged fire extinguisher appropriate for the potential fire hazard.

3.2.12. Dissemination of Contract Information. Job Order Contractor shall not publish, permit to be
published, or distribute for public consumption, any information, oral or written, concerning this Contract, any Job
Order or the Work performed under this Contract, without the prior consent of Owner.

3.2.13. Shop Drawings. Job Order Contractor's duties under this Contract include the preparation of shop
drawings or sketches necessary to permit orderly construction of Owner's design plans. Job Order Contractor agrees
to provide detailed design drawirigs and plans if requested by Owner.

3.2.14. Jobsite Drawings and Specifications. Job Order Contractor shall keep on the Work site a copy of
the drawings and specifications and shall at all times give Owner access thereto.

3.3. Owner Rights and Obligations.

3.3.1. Suspension of:Work.

3.3.1.1. Owner’s Written Order. Owner may order Job Order Contractor, in writing, to suspend, delay,
or interrupt all or any part of the Work for a period of time that Owner determines reasonably appropriate. —

3.3.1.2. Work Delay or Suspension. If the performance of all or any part of the Work is suspended,
delayed, or interrupted by an act of Owner in the administration of a Job Order, or by Owner's failure to act within
the time specified in the Job Order, an adjustment shall be made for any increase in the cost of performance of the
Job Order necessarily caused by the suspension, delay, or interruption, and the Job Order will be modified in writing
accordingly. -

3.3.1.3. Job Order Contractor Costs. A claim under this Subparagraph 3.3.1 shall not be allowed for any
costs incurred more than thirty (30) calendar days before Job Order Contractor shall have notified Owner in writing
of the act or failure to act (but this requirement shall not apply as to a claim resulting from a suspension order), and
unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of such
suspension, delay, or interruption, but not later than the date of final payment under the Job Order.

3.3.2. Owner’s Right to Possession. Owner shall have the right to take possession of or use any
completed or partially completed part of the Work. Before taking possession of or using any Work, Owner shall
furnish Job Order Contractor a list of items of work remaining to be performed or corrected on those portions of the
Work that Owner intends to take possession of or use. However, failure of Owner to list any item of Work shall not
relieve Job Order Contractor of responsibility for complying with the terms of this Contract. Owner possession or
use shall not be deemed an acceptance of any Work under this Contract.

3.3.2.1. Owner’s Possession or Use. While Owner has such possession or use, Job Order Contractor shall
be relieved of the responsibility for the loss of or damage to the Work resulting from Owner's possession or use,
notwithstanding the terms of Subparagraph 3.2.1. If prior possession or use by Owner delays the progress of the
Work or causes additional expense to Job Order Contractor, an equitable adjustment shall be made in the Job Order
price or the period of performance, and the Job Order shall be modified in writing accordingly.

3.3.3. Other Contracts. Owner may undertake or award other Contracts for additional work at or near
the site of Work under this Contract. Job Order Contractor shall fully cooperate with the other Job Order Contractors
and with Owner's employees and shall carefully adapt scheduling and performing the Work under this Contract to
accommodate the additional work, heeding any direction that may be provided by Owner. Job Order Contractor
shall not commit or permit any act that will interfere with the performance of its Work by any other contractor or by
Owner's employees. :

-10-
Rev (12/2018) CF

3.4. Job Order Amendment. Job Orders may be amended. by Owner in the same manner as they are issued.

3.5. Job Order Value. The maximum Job Order value is Three Million Dollars ($3,000,000), except as provided
by § 16.32.1.

4. JOB ORDER DOCUMENTS

4.1. Specification and Drawings. Anything mentioned in the specifications and not shown on the drawings,
or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned
in both. In case of differences between drawings and specifications, the drawings shall govern. In case of
discrepancy either in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to
Owner, who shall promptly make a determination in writing. Any adjustment by Job Order Contractor without such
a determination shall be at its own risk and expense. Owner shall furnish from time to time such detail drawings and
other information as considered necessary, unless otherwise provided.

4.1.1, Wherever in the specifications or upon the drawings the words "directed," "required," "ordered,"
"designated," "prescribed," or words of like import are used, it shall be understood that the "direction," "requirement,"
"order," "designation," or "prescription," of Owner is intended and similarly the words "approved," "acceptable,"
"satisfactory," or words of like import shall mean "approved by," or "acceptable to," or "satisfactory to" Owner,
unless otherwise expressly stated.

4.1.2. Where "as shown," "as indicated," "as detailed,” or words of similar import are used, it shall be
understood that the reference is made to the drawings accompanying the Contract unless stated otherwise. The word
"provided" as used herein shall be understood to mean "provide complete in place," that is "furnished and installed.

4.2. Shop Drawings. Shop drawings include sketches, diagrams, layouts, schematics, descriptive literature,
illustrations, schedules, performance and test data, and similar materials furnished by Job Order Contractor to explain
in detail specific portions of the Work. Owner may duplicate, use, and disclose in any manner and for any purpose
shop drawings delivered under the Contract. Shop drawings means drawings submitted to Owner by Job Order
Contractor showing in detail:

4.2.1. The proposed fabrication and assembly of structural elements and,
4.2.2. The installation (i.e., form, fit and attachment details) of materials or equipment.
4.2.3. The construction and detailing of elements of the Work.

4.3. Shop Drawing Coordination. Job Order Contractor shall coordinate all shop drawings, and review them
for accuracy, completeness, and compliance with Contract requirements and shall indicate its approval thereon as
evidence of such coordination and review. Shop drawings submitted to Owner without evidence of Job Order
Contractor's approval may be returned for resubmission. Owner will indicate its approval or disapproval of the shop
drawings and if not approved as submitted shall indicate Owner's reasons therefore. Any work done before such
approval shall be at Job Order Contractor's risk. Approval by Owner shall not relieve Job Order Contractor from
responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the
requirements of the Contract, except with respect to variations described and approved in accordance with § 4.4
below.

4.4. Shop Drawing Modifications. If shop drawings show variations from the Job Order requirements, Job
Order Contractor shall describe such variations in writing, separate from the drawings, at the time of submission. If
Owner approves any such variation, Owner shall issue an appropriate Contract modification, except that, if the
variation is minor and does not involve a change in price or in time of performance, a modification need not be
issued. : ,

4.5. Shop Drawing Omissions. Omissions from the drawings or specifications or the mis-description of details
of work which are manifestly necessary to carry out the intent of the drawings and specifications, or which are
customarily performed, shall not relieve Job Order Contractor from performing such omitted or mis-described details
of the Work but they shall be performed as if fully and correctly set forth and described in the drawings and
specifications.

Rev (12/2018) CF .

4.6. | Owner Furnished Drawings. Job Order Contractor shall check all Owner furnished drawings immediately
upon receipt and shall promptly notify Owner of any discrepancies. Any errors or omissions in Owner furnished
drawings are the responsibility of the Owner to rectify, including associated costs. Figures marked on drawings shall
be followed in preference to scale measurements. Large scale drawings shall govern small scale drawings. Job
Order Contractor shall compare all drawings and verify the figures before laying out the Work and will be responsible
for any errors which might have been avoided thereby.

4.7. Shop Drawing Submittal. Job Order Contractor shall submit to Owner for approval an appropriate number
of copies of all shop drawings as called for under the various headings of these specifications. Sets of all shop
drawings will be retained by Owner and one set will be returned to Job Order Contractor with annotation of approval
or rejection within one (1) week after submission, unless a longer review period is necessary by mutual agreement
between Owner and Job Order Contractor.

4.8. Use of Job Order Documents. All drawings (to include as-built drawings), sketches, designs, design data,
specifications, note books, technical and scientific data provided to Job Order Contractor or developed by Job Order
Contractor pursuant to the Contract and all photographs, negatives, reports, findings, recommendations, data and’
memoranda of every description relating thereto, as well as all copies of the foregoing relating to the Work or any
part thereof, shall be the property of Owner and may be used by Owner without any claim by Job Order Contractor
for additional compensation, unless such material developed by Job Order Contractor does not result in an issued
Job Order. In such cases, Job Order Contractor will receive reasonable reimbursement for the development of such
materials before Owner uses them in any manner whatsoever. In addition, Owner agrees to hold Job Order
Contractor harmless to the extent permitted by law from any legal liability arising out of the Owner’s use of such
materials.

5. MATERIAL AND WORKMANSHIP

5.1. Suitability of Material and Equipment. Al! equipment, material, and articles incorporated in the Work
covered by this Contract shall be new and ‘of the most suitable grade for the purpose intended, unless otherwise
specifically provided in the Contract. References in the specifications to equipment, material, article, or patented
process by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not
be construed as limiting competition. Job Order Contractor may, at its option, use any equipment, material, article,.
or process that, in the sole judgment and prior written approval of the Owner, is equal to that named in’ the
specifications.

5.2. Owner Approval. Job Order Contractor shall obtain Owner's approval of the equipment to be incorporated
into the Work. When requesting approval, Job Order Contractor shall furnish to Owner the name of the manufacturer,
the model number, and other information concerning the performance, capacity, nature, and rating of the equipment.
When required by the Contract or by Owner, Job Order Contractor shall also obtain Owner's approval of the material
or articles which Job Order Contractor contemplates incorporating into the Work. When requesting approval, Job
Order Contractor shall provide full information concerning the material or articles. When directed to do so, Job
Order Contractor shall submit samples for approval. Machinery, equipment, material and articles that do not have
the required approval shall be installed or used at the risk of subsequent rejection.

5.3. Testing of Materials. Unless otherwise specified in a Job Order, the Job Order Contractor shall be
responsible for any required testing of materials prior to incorporation into the Work. Reimbursement for testing
required by third party entities will be included in the individual Job Order.

5.4. Workmanship. All work under the Contract shall be performed in a skillful and workmanlike manner.
6. SITE CONDITIONS

6.1. Site Investigation. Job Order Contractor acknowledges that it has taken steps reasonably necessary to
ascertain the nature and location of the Work, and that it has investigated and satisfied itself as to the general and
local conditions which can affect the Work or its cost, including but not limited to:

6.1.1. Conditions bearing upon transportation, disposal, handling, and storage of materials;

6.1.2. The availability of labor, water, electric power, and roads;

-12-
Rev (12/2018) CF

6.1.3. -Uncertainties of weather, river stages, tides, or similar physical conditions at the site;
6.1.4. The visible conformation and conditions of the ground; and
6.1.5. The character of equipment and facilities needed preliminary to and during work performance.

6.2. Surface and Subsurface Investigation. Job Order Contractor also acknowledges that it has satisfied itself
as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar
as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by
Owner, as well as from the drawings and specifications made a part of this Contract. Owner will provide to Job
Order Contractor all subsurface investigation reports it has commissioned, and has knowledge of, that reasonably
reflect expected conditions.at the location of the Job Order.

6.3. Differing Site Conditions. Job Order Contractor shall promptly, and before the conditions are disturbed,
give a written notice to Owner of:

6.3.1. Subsurface or latent physical conditions at the site which differ materially from those indicated in
the Contract, or

6.3.2. Unknown physical conditions at the site, of an unusual nature, which differ materially from those
ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

6.4. | Owner Investigation. Owner shall investigate the site conditions promptly after receiving the notice. If the
conditions do materially so differ and cause an increase or decrease in Job Order Contractor's cost of, or the time
required for, performing any part of the Work, whether or not changed as a result of the conditions, an equitable
adjustment shall be made and the Job Order modified in writing accordingly.

6.5. Written Notice of Differing Site Conditions. No request by Job Order Contractor for an equitable
adjustment to a Job Order under this § 6 shall be allowed, unless Job Order Contractor has given the written notice
required.

6.6. Payment Adjustment. No request by Job Order Contractor for an equitable adjustment.to a Job Order for
differing site conditions shall be allowed if made after final payment under such Job Order.

7. JOB ORDER SCHEDULES

71. Construction Schedule. If the Job Order Contractor fails to submit a schedule with the Job Order, Owner
may withhold approval of progress payments until Job Order Contractor submits the required schedule. If required,
the Job Order Contractor will submit for approval with the signed Job Order a practicable schedule showing the
sequence in which Job Order Contractor proposes to perform the Work, and the dates on which Job Order Contractor
contemplates starting and completing the several salient features of the Work (including acquiring materials, plant
and equipment). The schedule may be a formal computerized schedule or a progress chart in a bar chart format of
suitable scale to indicate appropriately the percentage of Work scheduled for completion by any given date during
the period. In either case, the basic information should be the same and the schedule or chart must contain as a
minimum:

7.1.1. A detailed list of work activities or work elements.

7.1.2. Show the logical dependencies (ties) to indicate what Work must be accomplished before other
Work can begin.

7.1.3. Show early start and early finish dates along with late start and late finish dates for each work activity
or work element.

7.2. Failure to Submit Schedule: Failure of Job Order Contractor to comply with the requirements of Owner
under this clause shall be grounds for a determination by Owner that Job Order Contractor is not prosecuting the
Work with sufficient diligence to ensure completion within the time specified in the Job Order. Upon making this
determination, Owner may terminate Job Order Contractor's right to proceed with the Work if not cured within seven
(7) days after written notice is provided, or any separable part of it, in accordance with §14.

-13-
Rev (12/2018) CF

7.3. Progress Report. Job Order Contractor shall submit'a progress report every thirty (30) days, or as directed
by Owner, and upon doing so shall immediately deliver a current schedule to Owner if it has materially changed
since the last submission of a schedule. If Job Order Contractor falls behind the approved schedule, Job Order
Contractor shall take steps necessary to improve its progress, including those that may be reasonably required by
Owner. Without additional cost to Owner, Owner may require Job Order Contractor to increase the number of shifts,
overtime operations, days of work, and/or the amount of construction plant or equipment, and to submit for approval
any supplementary schedule or schedules in chart form as Owner deems necessary to demonstrate how the approved
rate of progress will be regained.

7.4, Emergency Work. Job Order Contractor will give top priority to any emergency Work Owner may have
and will allocate all resources necessary to accomplish such Work in accordance with Owner's schedule
requirements. To the extent the Job Order Contractor incurs additional cost, expense or schedule delay in performing
Owner’s emergency Work, Owner will equitably adjust the Contract in accordance with § 10.

8. INSPECTION OF CONSTRUCTION AND. ACCEPTANCE

8.1. Job Order Contractor Inspection System. Job Order Contractor shall maintain an adequate inspection
system and perform such inspections as will ensure that the Work called-for conforms to Job Order requirements.
Job Order Contractor shall maintain complete inspection records and make them available to Owner. All work shall
be conducted under the general direction of Owner and is subject to inspection and test by Owner at all places and
at all reasonable times before acceptance to ensure strict compliance with the terms of the Contract.

8.2. Owner Inspections and Tests. Owner inspections and tests are for the sole benefit of Owner and do not:

8.2.1. Relieve Job Order Contractor of responsibility for providing adequate quality control measures;

8.2.2. Relieve Job Order Contractor of responsibility for damage to or loss of the material before
acceptance;

8.2.3. Constitute or imply acceptance; or
8.2.4, Affect the continuing rights of Owner after acceptance of the complete work.

8.3. Job Order Contractor Responsibilities. The presence or absence of an inspector does not relieve Job
Order Contractor from any Contract requirement, nor is the inspector authorized to change any term or condition of
the specification without Owner's written authorization.

8.4. Job Order Contractor Performance. Job Order Contractor shall promptly furnish, without additional
charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and
tests as may be required by Owner. Owner may charge to Job Order Contractor any additional cost of inspection or
test when Work is not ready at the time specified by Job Order Contractor for inspection or test, or when prior
rejection makes re-inspection or retest necessary. Owner shall perform all inspections and tests in a manner that will
not unnecessarily delay the Work. Special, full size and performance tests shall be performed as described in the Job
Order:

8.5. Job Order Contractor Corrective Work. Job Order Contractor shall, without charge, replace or correct
Work found by Owner not to conform to Job Order requirements, unless Owner consents to accept the Work with
an appropriate adjustment in Contract price. Job Order Contractor shall promptly segregate and remove rejected
material from the premises.

8.6. Failure to Replace or Correct Work. If Job Order Contractor does not promptly replace or correct rejected
Work, Owner may:

8.6.1. By Contract or otherwise, replace or correct the Work and charge the cost to Job Order Contractor;
or

8.6.2. Terminate for default Job Order Contractor's right to proceed.

8.7. Owner Inspection before Acceptance. If, before acceptance of the entire Work, Owner decides to examine
already completed Work by removing it or tearing it out, Job Order Contractor, on request, shall promptly furnish

-14-
Rev (12/2018) CF

all necessary facilities, labor, and material. If the Work is found to be defective or nonconforming in any material
respect due to the fault of Job Order Contractor or its subcontractors, Job Order Contractor shall bear the expenses
of the examination and of satisfactory reconstruction. However, if the Work is found to meet requirements, Owner
shall make an equitable adjustment for the additional services involved in the examination and reconstruction,
including, if completion of the Work was thereby delayed, an extension of the period of time for performance.

8.8. | Owner Acceptance. Unless otherwise specified in the Job Order, Owner shall accept, as promptly as
practicable after completion and inspection, all work required by the Job Order or that portion of the Work that the
Owner determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects,
fraud, gross mistakes amounting to fraud, or Owner's rights under any warranty or guarantee.

r
9. INVOICING AND PAYMENT

9.1. Compensation. As full consideration for the satisfactory performance by Job Order Contractor of Work
prescribed under the Contract, Owner shall pay Job Order Contractor the amounts specified in the individual Job
Orders.

9.2. Invoices. Job Order Contractor shall submit invoices to the following address:

City of Peoria
8401 W. Monroe St
Peoria, AZ 85345

9.3. Job Order Cost Proposal Structure. For each Job Order, the Job Order Contractor shall prepare a Job
Order Cost Proposal with the sufficient level of cost detail as required by the Owner. Cost detail may include, but
is not limited to: schedule of values, work schedule, direct labor cost and fringe benefits, direct material costs
(supported by quotes), direct equipment costs (supported by quotes), cost of subcontractors (supported by quotes)
and allowable indirect costs (includes insurance). The contractor shall utilize the markups established in the JOC
Pricing Matrix (Attachment C) to calculate the overhead and profit for all Job Order Cost Proposals, unless otherwise
requested by the Owner. Profit on subcontractors/subconsultants shall not exceed 5 percent.

9.4. Progress Payments. Owner shall make progress payments monthly as the Work proceeds, or at more
frequent intervals as determined by Owner, on estimates of Work completed submitted by the Job Order Contractor
and approved by Owner. Job Order Contractor shall use an acceptable invoice form and shall include supporting
documents to reflect a breakdown of the total price showing the amount included therein for each principal category
of the Work, in such detail as requested, to provide a basis for determining progress payments. In the estimation of
Work completed, Owner will authorize payment for material delivered on the site and preparatory work done if Job
Order Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will
be used to perform the Work.

9.5. Retention. Not applicable.

9.6.. Owner’s Property. All material and work covered by progress payments made shall, at the time of payment,
become the sole property of Owner, but this provision shall not be construed as:

9.6.1. Relieving Job Order Contractor from the sole responsibility for all material and Work upon which
payments have been made or the restoration of any damaged Work; or

9.6.2. Waiving the right of Owner to require the fulfillment of all of the terms of the Contract.

9.7. Approval and Certification. An estimate of the Work submitted shall be deemed approved and certified
for payment after seven days from the date of submission unless before that time the Owner or Owner’s agent
prepares and issues a specific written finding setting forth those items in detail in the estimate of the Work that are
not approved for payment under this contract. The Owner may withhold an amount from the progress payment
sufficient to pay the expenses the Owner reasonably expects to incur in correcting the deficiency set forth in the
written finding. The progress payments shall be paid on or before fourteen days after the estimate of the Work is
certified and approved. The estimate of the Work shall be deemed received by the Owner on submission to any
person designated by the Owner for the submission, review or approval of the estimate of the Work.

-15-
Rev (12/2018) CF

9.8. | Unpaid Amounts. Owner shall pay all unpaid amounts due Job Order Contractor under this Contract within
thirty (30) days, after:

9.8.1. Completion and acceptance of the Work;
9.8.2. Presentation of a properly executed invoice;

9.8.3. Presentation of release of all claims against Owner arising by virtue of the Contract, other than
claims, in stated amounts, that Job Order Contractor has specifically excepted from the operation of the release. A
release may also be required of the assignee if Job Order Contractor's claim to amounts payable under this Contract
has been assigned. Job Order Contractor shall complete a Job Order Contractor's release form acceptable to Owner;
or

9.8.4. Consent of Job Order Contractor’s surety, if any.
10. CHANGES

10.1. Owner Changes. Owner may, at any time, without notice to the sureties, if any, by written order designated
or indicated to be a change order, make changes in the Work within the general scope of the Job Orders, including
changes:

10.1.1. In the specifications (including drawings and designs);
10.1.2. In Owner-furnished facilities, equipment, materials, services, or site; or

10.1.3. Directing acceleration in the performance of the Work, or otherwise altering the schedule for
performance of the Work.

10.2. Qwner Change Orders. Any other written order (which, as used in this paragraph, includes direction,
instruction, interpretation, or determination) from Owner that causes a change shall be treated as a change order
under this § 10; provided, that Job Order Contractor gives Owner timely written notice stating the date,
circumstances, and source of the order and that Job Order Contractor regards the order as a change order.

10.3. Contract Adjustments. Except as provided in this § 10, no order, statement, or conduct of Owner shall be
treated as a change under this § 10 or entitle Job Order Contractor to an equitable adjustment hereunder.

10.4. Modification of the Job Order. If any change under this § 10 causes an increase or decrease in Job Order
Contractor's cost of, or the time required for, the performance of any part of the Work under a Job Order, whether or
not changed by any such order, Owner shall negotiate an equitable adjustment and modify the Job Order in writing.

10.5. Job Order Contractor Proposal. Job Order Contractor must submit any proposal under this § 70 within
thirty (30) calendar days after: ,

10.5.1. Receipt of a written change order under § 10.1 above; or

10.5.2. The furnishing of a written notice under § 10.2 above by submitting to Owner a written statement
describing the general nature and amount of the proposal, unless this period is extended by Owner. The statement
of proposal for adjustment may be included in the notice under § 10.2 above.

10.6. Final Payment Limitation. No proposal by Job Order Contractor for an equitable adjustment shall be
allowed if asserted after final payment under the Job Order.

10.7. Job Order Contractor Extension Justification. Job Order Contractor shall furnish to the Owner a written
proposal for any proposed extension in the period of performance. The proposal shall contain a price breakdown
and period of performance extension justification.

10.8. Job Order Contractor Price Breakdown Structure. Job Order Contractor, in connection with any
proposal it makes for a Job Order'change shall furnish a price breakdown itemized as required by Owner and the
pricing matrix as required in the awarded contract.

-16-
Rev (12/2018) CF

il. INSURANCE & BONDS

11.1. Job Order Contractor Insurance. Job Order Contractor shall purchase and maintain in effect during the
term of this Contract insurance of the types and with minimum limits of liability as stated below. Such insurance
shall protect Job Order Contractor and Owner from claims which may arise out of or result from Job Order
Contractor's operations whether such operations are performed by Job Order Contractor or by any subcontractor or
by anyone for whose acts any of them may be liable.

11.1.1. WORKERS' COMPENSATION INSURANCE providing statutory benefits in accordance with the
laws of the State of Arizona or any Federal statutes as may be applicable to the Work being performed under this
Contract.

11.1.2. EMPLOYER'S LIABILITY INSURANCE with limits of liability not less than: $1,000,000 Each
Accident; $1,000,000 Each Employee for Disease; and $1,000,000 Policy Limit for Disease.

11.1.3. COMMERCIAL GENERAL LIABILITY INSURANCE including Products/Completed Operations
and Contractual Liability with limits of liability not less than: $2,000,000 General Aggregate; $2,000,000
Products/Completed Operations Aggregate; and $2,000,000 Each Occurrence.

11.1.4. AUTOMOBILE LIABILITY INSURANCE covering all owned, hired and non-owned ‘motor
vehicles used in connection with the Work being performed under this Contract with limits of liability not less than:
$1,000,000 Each Person for Bodily Injury; $1,000,000 Each Accident for Bodily Injury; and $1,000,000 Each
Occurrence for Property Damage.

7

11.2. Owner as Additional Insured. The policies providing Commercial General Liability and Automobile
Liability insurance as required in § 11. shall be endorsed to name Owner as Additional Insured. Such insurance as
is provided herein shall be primary and non-contributing with any other valid and collectible insurance available to
Owner.

11.3. _ Policy Endorsement. All policies providing Job Order Contractor's insurance as required in § 11.1 above
shall be endorsed to provide the following:

11.3.1. Thirty days written notice of cancellation or non-renewal given to Owner at the address designated
in § 16.2.

11.3.2. Waiver of subrogation in favor of Owner.

11.4. Limits of Liability. The limits of liability as required above may be provided by a single policy of insurance
or by a combination of primary, excess or umbrella policies. But in no event shall the total limits of liability available
for any one occurrence or accident be less than the amount required above.

11.5. Certificate of Insurance. Proof of compliance with these insurance requirements shall be furnished Owner
in the form of an original certificate of insurance signed by an authorized representative or agent of the insurance
company(ies) within ten (10) days of execution of this agreement. Renewal or replacement certificates shall be
furnished Owner not less than twenty-one (21) days prior to the expiration or termination date of the applicable
policy(ies).

11.6. Subcontractor Insurance. Job Order Contractor shall require any and all subcontractors performing Work
under this Contract to carry insurance of the types and with limits of liability as Job Order Contractor shall deem
appropriate and adequate for the Work being performed. Job Order Contractor shall obtain and make available for
inspéction by Owner upon request current certificates of insurance evidencing insurance coverages carried by such
subcontractors.

11.7. Bonds. If required by Owner, Job Order Contractor shall furnish Performance and Payment Bonds, each in
an amount equal to one hundred percent (100%) of the Construction Work, (excluding design and pre-construction
services) in a penal sum equal to the ‘aggregate price of all Job Orders issued to the Job Order Contractor. The
Performance and Payment Bonds must be submitted to Owner within ten (10) calendar days after issuance of a Job
Order.

-17-
Rev (12/2018) CF

11.8. Notice ‘to Proceed. Notice to Proceed will not be issued until properly executed bonds are received and
accepted by Owner. A separate Notice to Proceed will be issued for each Job Order. The Notice to Proceed shall
stipulate the actual contract start date, the contract duration and the contract completion date. The time required for
the Contractor to obtain permits, licenses and easements shall be included in the contract duration and shall not be
justification for a delay claim by the Contractor. The time required for the Contractor to prepare, transmit and obtain
approval of applicable submittals shall be included in the contract duration and shall not be justification for a delay
claim by the Contractor. No work shall be started until after all required permits, licenses, and easements have been
obtained. No work shall be started until all applicable submittals have been submitted and returned approved by the
Owner’s Representative. The Contractor shall notify the City of Peoria’s project manager or engineer at least
seventy-two (72) hours before the following events:

11.8.1. The start of construction in order to arrange for inspection.
11.8.2. Shutdown of City water, sewer, drainage, irrigation and traffic control facility.

11.8.3. Shutdown of existing water wells and booster pumps if applicable. Shutdown shall not exceed
seventy-two (72) hours for any installation. Only one installation may be shutdown at any time.

11.8.4. Coordination of all draining and filling of water lines and irrigation laterals and all operations of
existing valves or gages with the project manager if applicable. -

11.8.5. Start-up or testing of any water well or booster pump to be connected to any part of the existing City
water system if applicable. This includes operation of existing valves necessary to accommodate the water.

12. INDEMNIFICATION. To the fullest extent permitted by law, the Job Order Contractor, subcontractor or
design professional shall indemnify and hold harmless the City, and its officers and employees, from liabilities,
damages, losses and costs, including reasonable attorney fees and court costs, but only to the extent caused by the
negligence, recklessness or intentional wrongful conduct of such Job Order Contractor, subcontractor or design
professional or other persons ernployed or used by such Job Order Contractor, subcontractor or design professional
in the.performance of the contract or subcontract. ‘The amount and type of insurance coverage requirements set forth
herein will in no way be construed as limiting the scope of the indemnity in this paragraph.

13. DISPUTES.

13.1. Party Cooperation. The parties are fully committed to working with each other throughout the term of the
Contract and agree to communicate regularly with each other at all times so as to avoid or minimize disputes or
disagreements. If disputes or disagreements do arise, Job Order Contractor and Owner each commit.to resolving
such disputes or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary
losses, delays and disruptions to the Work.

13.2. Field Level Resolution. Job Order Contractor and Owner will first attempt to resolve disputes or
disagreements at the field level through discussions between the parties’ representatives named herein.

13.3. Job Order Contractor Performance. The Job Order Contractor shall continue to perform the Work and
Owner shall continue to satisfy its payment obligations to Job Order Contractor, pending the final resolution of any
dispute or disagreements between the parties.

13.4. Partnering. If requested and mutually agreed upon, the Owner and Job Order Contractor will share in the
expense of an initial facilitated partnering workshop, followed up by periodic refresher meetings at mutually agreed
times. The goal of the workshop will be to identify common goals, common interests, lines of communication, and
a commitment to cooperative problem solving.

13.5. Owner’s Representative. Owner designates the individual listed below -as its representative, which
individual has the authority and responsibility for avoiding and resolving disputes under this Contract. (Identify
individual’s name, title, address and telephone numbers)

City of Peoria, Materials Management
Dan Zenko, Materials Manager
9875 N. 85" Ave — 2™ Floor

-18-
Rey (12/2018) CF

Peoria, AZ 85345
(623) 773-7115

13.6. Job Order Contractor’s Representative. Job Order Contractor designates the individual listed below as
its representative, which individual has the authority and responsibility for avoiding and resolving disputes under
this Contract. (Identify individual’s name, title, address and telephone numbers)

Bruce W. Balls, General Manager

B&F Contracting, Inc. :

11011 N. 23"4 Avenue

Phoenix, AZ 85029 ;
Office-623-582-1170, Cell-623-764-7585

13.7. _Qwner’s Resolution. Any dispute which is not disposed of by agreement will be decided by the Owner,
who will reduce its decision to writing and mail or otherwise furnish a copy thereof to the Job Order Contractor.
Any dispute not finally resolved under this § 13 may be brought before the state courts of the State of Arizona and
adjudicated in accordance with the laws of Arizona.

14. TERMINATION AND DEFAULT

14.1, Termination for Convenience. Owner may terminate performance of the Work under this Contract in
whole or, from time to time, in part if Owner determines that termination is in Owner's interest. Owner shall effect
such termination by delivering to Job Order Contractor a Notice of Termination specifying the extent of termination
and the effective date.

14.2. Notice of Termination. After receipt of a Notice of Termination, and except as directed by Owner, Job
Order Contractor shall immediately proceed with the following obligations, regardless of any delay in determining
or adjusting any amounts due under this § 14:

14.2.1. Stop work as specified in the notice;

14.2.2. Place no further subcontracts or orders (referred to as subcontracts in this § 14) for materials, services
or facilities, except as necessary to complete any Work not terminated;

14.2.3. Assign to Owner, if directed by Owner, all right, title, and interest of Job Order Contractor under
the subcontracts to the extent they relate to the Work terminated, in which case Owner shall have the right to settle
or to pay any termination settlement proposal arising out of those terminations, or with approval or ratification to the
extent required by Owner, settle all outstanding liabilities and termination settlement proposals arising from the
termination of subcontracts, the approval or ratification of which will be final for purposes of this § 14;

14.2.4, As directed by Owner, transfer title and deliver to Owner:

14.2.4.1. The fabricated or unfabricated parts, Work in progress, completed Work, supplies, and other
material produced or acquired for the Work terminated;

14.2.4.2. The completed or partially completed plans, drawings, information, and other property that, if
the Contract had been completed, would be required to be furnished to Owner;

14.2.5. Complete performance of the Work not terminated;

14.2.6. Take any action that may be necessary, or that Owner may direct, for the protection and preservation
of the property related to this Contract that is in the possession of Job Order Contractor and in which Owner has or
may acquire an interest; and

14.2.7. Use its best efforts to sell, as directed or authorized by Owner, any property of the types referred to
in § 14.2.3 above; provided, however, that Job Order Contractor is not required to extend credit to any purchaser and
may acquire the property under the conditions prescribed by, and at prices approved by, Owner. The proceeds of
any transfer or disposition will be applied to reduce any payments to be made by Owner under the Contract, credited
to the price or cost of the Work, or paid in any other manner directed by Owner.

-19-
Rev (12/2018) CF