Contract

) City of City of El Mirage, Arizona ) City of
EL MIRAGE 7 EL MIRAGE
GRAND HERITAGE, URIGHT FUTURE! O ffe ran d C on tra ct Awa r d GRAND HERITAGE, BRIGHT FUTURES
Project No: EM23-ST04 Date: February 22, 2023

Materials and/or Services:

To the City of El Mirage:

Cheryl Drive Improvements — El Mirage
Road to 121st Avenue

OFFER

The undersigned hereby offers and agrees to furnish materials and/or services in compliance with all terms, conditions, specifications and amendments in the Contract
Documents except for any written exceptions in the offer. The signature below also certifies his/her understanding and compliance with paragraph one of the City of El

Mirage Standard Terms and Conditions.

Arizona Transaction (Sales) Privilege
Tax License Number: 10175725

For clarification of this offer contact:

Federal Employer Identification
Number: 86-0842477

Name: Tim Ginter

Telephone: (602) 442-6767

DBA Construction
Company Name Authorized Signature for Offer
1833 South 59th Ave. Tim Ginter
Address Printed Name
Phoenix, Arizona 85043 Vice President
City State Zip Code Title

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

Your offer is hereby accepted. The Contractor is now bound to sell the materials and/or services listed by the attached award notice based upon the solicitation,
including all terms conditions, specifications, amendments, etc., and the Contractor’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 Purchase Order.

Attested by:

City of El Mirage, Arizona. Eff. Date:

Approved as to form:

Sharon Antes, City Clerk

City Seal

Justin Pierce, City Attorney

Awarded on

J. Crystal Dyches, City Manager

Page | of 27

DSD ~ Engineering Division

City of RA 10000 N. El Mirage Road
EL MIRAGE GENE L El Mirage, AZ 85335

_ TERMS AND CONDITIONS

Phone: (623) 972-8116
Fax: (623) 876-4605

This project is located within the corporate limits of the City of El Mirage. This project includes roadway improvements
for Cheryl Drive from El Mirage Road to 12ist Avenue. Improvements include roadway widening, curb and gutter,
signing and striping and decomposed granite.

THE FOLLOWING TERMS AND CONDITIONS ARE AN EXPLICIT PART OF THE SOLICITATION AND ANY RESULTANT CONTRACT.
1. CERTIFICATION: By signature in the Offer section of the Offer and Contract Award page the Contractor certifies:

a. The submission of the offer did not involve collusion or other anti-competitive practices.
b. The Contractor shall not discriminate against any employee or applicant for employment.

c. The Contractor has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future
employment, gift, loan, gratuity, special discount, trip favor, or service to a public servant in connection with the
submitted offer, Failure to sign the offer, or signing it with a false statement, shall void the submitted offer or any
resulting contracts, and the vendor may be debarred.

2. BRIBES AND KICK-BACKS: The General Contractor shall not by any means:

a. Induce any person or entity employed in the construction of the Project to give up any part of the compensation to
which that person or entity is entitled;

b. Confer on any governmental, public or quasi-public official having any authority or influence over the Project, any
payment, loan subscription, advance, deposit of money, services or anything of value, present or promised;

c. Offer nor accept any bribes or kick-backs in connection with the Project from or to any individual or entity, including
any of its trade contractors, subcontractors, consultants, suppliers or manufacturers of Project goods and materials; or,

d. Without the express written permission of the Owner, call for or by exclusion require or recommend the use of any
subcontractor, consultant, product, material, equipment, system, process or procedure in which the General Contractor
has a direct or indirect proprietary or other pecuniary interest.

3. APPLICABLE LAW: In the performance of this agreement, contractors shall abide by and conform to any and all laws of
the United States, State of Arizona and City of El Mirage including but not limited to federal and state executive orders
providing for equal employment and procurement opportunities, the Federal Occupational Safety and Health Act and any
other federal or state laws applicable to this agreement.

This contract shall be governed by the City. City and Contractor shall have all remedies afforded each by the Uniform
Commercial Code, as adopted in the State of Arizona, except as otherwise provided in this contract or in statutes pertaining
specifically to the City. This contract shall be governed by the laws of the State of Arizona. Any lawsuit pertaining to this
contract may be brought only in courts in the State of Arizona.

This contract is subject to the provisions of ARS §38-511; the City may cancel this contract without penalty or further
obligations by the City or any of its departments or agencies if any person significantly involved in initiating, negotiating,
securing, drafting or creating the contract on behalf of the City or any of its departments or agencies, is at any time while the
contract or any extension of the contract is in effect, an employee of any other party to the contract in any capacity or a
consultant to any other party of the contract with respect to the subject matter of the contract.

Page 2 of 27

DSD — Engineering Division

City of 7 RA 10000 N. El Mirage Road
EL MIRAGE GENE L El Mirage, AZ 85335

Phone: (623) 972-8116
Fax: (623) 876-4605

4. LEGAL REMEDIES: All claims and controversies shall be subject to resolution according to the terms of the City of El
Mirage Procurement Code. In the event either party brings any action for any relief, declaratory or otherwise, arising out of
this Contract, or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other
party reasonable attorneys’ fees and reasonable costs and expenses, determined by the court sitting without a jury or
arbitration board, which shall be deemed to have accrued on the commencement of such action and shall be enforceable
whether or not such action is prosecuted to judgment or by arbitration award.

5. CONTRACT: The contract between the City and the Contractor shall consist of (1) the Solicitation, including instructions,
all terms and conditions, specifications, scopes of work, attachments, price sheet(s) and any amendments thereto, and (2) the
offer submitted by the Contractor in response to the solicitation. In the event of a conflict in language between the
Solicitation and the Offer, the provisions and requirements in the Solicitation shall govern. However, the City reserves the
right to clarify, in writing, any contractual terms with the concurrence of the Contractor, and such written contract shall
govern in case of conflict with the applicable requirements stated in the Solicitation or the Vendor’s offer. The Solicitation
shall govern in all other matters not affected by the written contract.

6. CONTRACT AMENDMENTS: This contract may be modified only by a written Contract Amendment signed by persons
duly authorized to enter into contracts on behalf of the City and the Contractor.

7, CONTRACT APPLICABILITY: The Offeror shall substantially conform to the terms, conditions, specifications and
other requirements found within the text of this Solicitation. All previous agreements, contracts, or other documents, which
have been executed between the Offeror and the City are not applicable to this Solicitation or any resultant contract.

8 PROVISIONS REQUIRED BY LAW: Each and every provision of law and any clause required by law to be in the
contract will be read and enforced as though it were included herein, and if through mistake or otherwise any such provision
is not inserted, or is not correctly inserted, then upon the application of either party, the contract will forthwith be physically
amended to make such insertion or correction.

9, SEVERABILITY: The provisions of this contract are severable to the extent that any provision or application held to be
invalid shall not affect any other provision or application of the contract, which may remain in effect without the invalid
provision, or application.

10. RELATIONSHIP TO PARTIES: It is clearly understood that each party will act in its individual capacity and not as an
agent, employee, partner, joint venture, or associate of the other. An employee or agent of one party shall not be deemed or
construed to be the employee or agent of the other for any purpose whatsoever. The Contractor is advised that taxes or
Social Security payments will not be withheld from any City payments issued hereunder and that the Contractor should
make arrangements to directly pay such expenses, if any.

li. INTERPRETATION-PAROL EVIDENCE: This contract represents the entire agreement of the Parties with respect to its
subject matter, and all previous agreements, whether oral or written, entered into prior to this contract are hereby revoked
and superseded by this contract. No representations, warranties, inducements or oral agreements have been made by any of
the Parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the
purposes of carrying out the provisions of this contact. This contract may not be changed, modified or rescinded except as
provided for herein, absent a written agreement signed by both Parties. Any attempt at oral modification of this contract
shall be void and of no effect.

12. ASSIGNMENT-DELEGATION: No right or interest in this contract nor delegation of any duty of Contractor shall be
made without prior written permission of the City,

Page 3 of 27

DSD - Engineering Division

City of RA 10000 N. E] Mirage Road
7 EL MIRAGE GENE L El Mirage, AZ 85335

i TERMS AND CONDITIONS

GRAND HERITAGE, BRIGHT FUTUREL

Phone: (623) 972-8116
Fax: (623) 876-4605

13. SUBCONTRACTOR / SUPPLIER CONTRACTS: The Contractor shall enter into written contracts with its
subcontractor(s) and supplier(s), if any, and those written contracts shall be consistent with this Contract for Construction. It
is the intent of the Owner and the Contractor that the obligations of the Contractor’s subcontractor(s) and supplier(s), if any,
inure to the benefit of the Owner and the Contractor, and that the Owner be a third-party beneficiary of the Contractor’s
agreements with its subcontractor(s) and supplier(s).

a. The Contractor shall make available to each subcontractor and supplier, if any, prior to the execution of written
contracts with any of them, a copy of the pertinent portions of this Contract for Construction, including those portions
of the Construction documents to which the subcontractor or supplier will be bound, and shall require that each
subcontractor and supplier shall similarly make copies of applicable parts of such documents available to its respective
subcontractor(s) and supplier(s).

b. The Contractor shall engage each of its subcontractor(s) and supplier(s) with written contracts, which preserve and
protect the rights of the Owner and include the acknowledgment and agreement of each subcontractor or supplier that
the Owner is a third-party beneficiary of the contract. The Contractor’s agreements with its subcontractor(s) and
supplier(s) shall require that in the event of default under, or termination of, this Contract for Construction, and upon
request of the Owner, the Contractor’s subcontractor(s) and supplier(s) will perform services for the Owner.

c. The Contractor shall include in its agreements with its subcontractor(s) and supplier(s) a provision which contains the
acknowledgment and agreement of the subcontractor or supplier that it has received and reviewed the applicable terms,
conditions and requirements of this Contract for Construction that are included by reference in its written contract with
the Contractor, and that it will abide by those terms, conditions and requirements.

14. RIGHTS AND REMEDIES: No provision in this document or in the vendor’s offer shall be construed, expressly or by
implication, as waiver by the City of any existing or future right and/or remedy available by law in the event of any claim of
default or breach of contract. The failure of the City to insist upon the strict performance of any term or condition of the
contract or to exercise or delay the exercise of any right or remedy provided in the contract, or by law, or the City’s
acceptance of and payment for materials or services, shall not release the Contractor from any responsibilities or obligations
imposed by this contract or by law, and shall not be deemed a waiver of any right of the City to insist upon the strict
performance of the Contract.

15. INDEMNIFICATION: To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless
the City, its agents, representatives, officers, directors, officials and employees from and against ail claims, damages, losses
and expenses (including but not limited to attorney fees, court costs, and the cost of appellate proceedings), relating to,
arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the Contractor, its
employees, agents, or any tier of subcontractors in the performance of this Contract. Contractor’s duty to defend, hold
harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in
connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to,
impairment, or destruction of property including loss of use resulting therefrom, caused by any acts, errors, mistakes,
omissions, work or services in the performance of this Contract including any employee of the Contractor or any tier of
subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services the Contractor may be
legally liable.

The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope
of the indemnity in this paragraph.

16. OVERCHARGES BY ANTITRUST VIOLATIONS: The City maintains that, in practice, overcharges resulting from
antitrust violations are borne by the purchaser. Therefore, to the extent permitted by law, the Contractor hereby assigns to
the City any and all claims for such overcharges as to the goods and services used to fulfill the Contract.

Page 4 of 27

GRAND HERUAGE, BRIGHT FUTURE

DSD — Engineering Division

GENERAL el Minage, AZ $5338
si TERMS AND CONDITIONS &

Phone: (623) 972-8116
Fax: (623) 876-4605

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FORCE MAJEURE: Except for payment for sums due, neither party shall be liable to the other nor deemed in default
under this Contract if and to the extent that such party’s performance of this Contract is prevented by reason of force
Majeure. The term “force majeure” means an occurrence that is beyond the control of the party affected and occurs without
its fault or negligence. Without limiting the foregoing, force majeure includes acts of God: acts of the public enemy; war;
riots; strikes; mobilization; labor disputes; civil disorders; fire; floods; lockouts, injunctions-intervention-acts, or failures or
refusals to act by government authority; and other similar occurrences beyond the control of the party declaring force
majeure which such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to
commence when the party declaring force majeure notifies the other party of the existence of the force majeure and shall be
deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in
accordance with this Contract.

Force majeure shall not include the following occurrences:

a. Late delivery of equipment or materials caused by congestion at a manufacturer’s plant or elsewhere, an oversold
condition of the market, inefficiencies, or similar occurrences.

b. Late performance by a subcontractor unless the delay arises out of a force majeure occurrence in accordance with this
Force Majeure term and Condition.

Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any claim for
damages or loss of anticipated profits if, and to the extent that such delay or failure is caused by force majeure. If either
party is delayed at any time in the progress of the work by force majeure, then the delayed party shall notify the other party
in writing of such delay within forty-eight (48) hours commencement thereof and shall specify the causes of such delay in
such notice. Such notice shail be hand delivered or mailed Certified-Return Receipt and shall make a specific reference to
this article, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and
shall notify the other party in writing. The time of completion shall be extended by contract modification for a period of
time equal to the time that the results or effects of such delay prevent the delayed party from performing in accordance with
this contract.

RIGHT TO ASSURANCE: Whenever one party to this contract in good faith has reason to question the other party’s
intent to perform he/she may demand that the other party give a written assurance of this intent to perform. In the event that
a demand is made and no written assurance is given within five (5) days, the demanding party may treat this failure as an
anticipatory repudiation of the Contract.

RIGHT TO AUDIT RECORDS: The City may, at reasonable times and places, audit the books and records of any
Contractor as related to any contract held with the City.

WARRANTIES: Contractor warrants that all material, service or construction delivered under this contract shall conform
to the specifications of this contract. Unless otherwise stated in Contractor’s response, the City is responsible for selecting
items, their use, and the results obtained from any other items used with the items furnished under this contract. Mere
receipt of shipment of the material/service specified and any inspection incidental thereto by the City shall not alter or affect
the obligations of the Contractor or the rights of the City under the foregoing warranties. Additional warranty requirements
may be set forth in the solicitation.

INSPECTION: All material and/or services are subject to inspection and acceptance by the City. Materials and/or services
failing to conform to the specifications of this Contract will be held at Contractor’s risk and may be returned to the
Contractor. If so returned, all costs are the responsibility of the Contractor. The City may elect to do any or all of the
following:

Page 5 of 27

GRAND HERITAGE, BRIGHT FUTUREL

DSD — Engineering Division

City of RA 10000 N. El Mirage Road
EL MIRAGE GENE L El Mirage, AZ 85335

Ane TERMS AND CONDITIONS
Phone: (623) 972-8116
Fax: (623) 876-4605

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a. Waive the non-conformance.
b. Stop the work immediately.

c. Bring material into compliance.

This shall be accomplished by a written determination from the City.

TITLE AND RISK OF LOSS: The title and tisk of loss of material and/or service shall not pass to the City until the City
actually receives the material or service at the point of delivery, unless otherwise provided within this Contract.

NO REPLACEMENT OF DEFECTIVE TENDER: Every tender of materials shall fully comply with all provisions of
the Contract. If a tender is made which does not fully conform, this shall constitute a breach of the Contract as a whole.

DEFAULT IN ONE INSTALLMENT TO CONSTITUTE TOTAL BREACH: Contractor shall deliver conforming
materials in each installment and may not substitute nonconforming materials. Delivery of nonconforming materials or a
default of any nature, at the option of the City, shall constitute a breach of the Contract as a whole.

SHIPMENT UNDER RESERVATION PROHIBITED: Contractor is not authorized to ship materials under reservation
and no tender of a bill of lading will operate as a tender of the materials.

LYENS: All materials, service or construction shall be free of all liens, and if the City requests, a formal release of all liens
shall be delivered to the City.

LICENSES: Contractor shall have at the time of proposal submittal, and shall maintain in current status, ali Federal, State
and Local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this
Contract. The conclusion of the issuing authority in each case is to be deemed conclusive for the purposes of complying with
this provision. By submitting a proposal for this public contract, you agree that, with respect to the contract, substantial
compliance does not meet the minimum requirements of this or any provision hereof, or of any applicable law or other
authority, and that strict compliance alone is adequate to meet those requirements, unless the City consents to such
substantial compliance in writing at the time of proposal submittal. The determination shall be made by the City.

PATENTS AND COPYRIGHTS: All services, information, computer program elements, reports and other deliverables,
which may be patented or copyrighted and created under this contract are the property of the City and shall not be used or
released by the Contractor or any other person except with the prior written permission of the City.

PREPARATION OF SPECIFICATIONS BY PERSONS OTHER THAN CITY PERSONNEL: All specifications
shall seek to promote overall economy for the purposes intended and encourage competition and not be unduly restrictive in
satisfying the City’s needs. No person preparing specifications shall receive any direct or indirect benefit from the
utilization of specifications, other than fees paid for the preparation of specifications.

COST OF PROPOSAL PREPARATION: The City shall not reimburse the cost of developing, presenting or providing
any response to this solicitation. Offers submitted for consideration should be prepared simply and economically, providing
adequate information in a straightforward and concise manner.

PUBLIC RECORD: Ali offers submitted in response to this solicitation shall become the property of the City and shall
become a matter of public record available for review, subsequent to the award notification, in accordance with the City’s
Procurement Code.

Page 6 of 27

GRAND HERITAGE, BRIGHT PUTURE

DSD — Engineering Division

City of RNERA 10000 N. El Mirage Road
EL MIRAGE GENE L El Mirage, AZ 85335

TERMS AND CONDITIONS

Phone: (623) 972-8116
Fax: (623) 876-4605

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ADVERTISING: Contractor shall not advertise or publish information concerning this Contract, without prior written
consent of the City.

DELIVERY ORDERS: The City shall issue a Purchase Order for the material and/or services covered by this contract.
All such documents shall reference the contract number as indicated on the Offer and Contract Award,

FUNDING: Any contract entered into by the City of El Mirage is subject to funding availability. Fiscal years for the City
of El Mirage are July 1 to June 30. The City Council approves all budget requests. If a specific funding request is not
approved, the contract shall be terminated.

PAYMENT: A separate invoice shall be issued for each shipment of material or service performed, and no payment will be
issued prior to receipt of material and/or services and correct invoice.

MATERIALS, EQUIPMENT, APPARATUS: or other products are specified by manufacturer, brand name, type of
catalog number, such designation is to establish standards of desired quality and style and shail be the basis of the Proposal.
Should the Contractor propose to furnish materials and equipment other than those specified, as permitted by the “or
approved equal" clauses he/she shall submit a written request as an alternate to the original proposal with a new proposal for
any or all substitutions. Such a request shall be accompanied by complete descriptive literature (manufacturer, brand name,
catalog number, etc.) and technical data for all items and shall indicate any addition or deduction to the CONTRACT price.
Where such substitutions alter the design or space requirements indicated on the plans the Contractor shall include all items
of cost for the revised design and construction incliding cost of all allied trades involved. Acceptance or rejections of the
proposed substitutions will be made on the basis of whether or not the specifications are met and the CITY's best interests
are served as determined by the authorized representative and the CITY.

SUBCONTRACTOR’S LIST: The Contractor shall submit a list of subcontractors and major material suppliers as part of
the OFFER. The list needs to include any subcontractor or supplier whose contract is anticipated to be above 5% of the total
proposal price submitted. The name of any subcontractors or suppliers whose contract is anticipated to be at or below 5% of
the total price is not required to be provided on the List.

FEDERAL AND STATE EMPLOYMENT IMMIGRATION LAWS. To the extent applicable under A.R.S. § 41-4401,
Contractor warrants its and its subcontractors compliance with all federal immigration laws and regulations that relate to
their compliance with the E-verify requirements under A.R.S. § 23-214(A). Contractor’s or its subcontractors’ breach of the
above-mentioned warranty shall be deemed a material breach of the Agreement and may result in the termination of the
Agreement by the City of El Mirage. The City of E] Mirage retains the legal right to randomly inspect the papers and records
of Contractor and its subcontractors to ensure that the Contractor and its subcontractors are complying with the above-
mentioned warranty.

The Contractor warrants to keep the papers and records open for random inspection during normal business hours by the
City of El Mirage. The Contractor shall cooperate with the City of El Mirage’s random inspections including granting the
City entry rights to Contractor’s property to perform the random inspections and waiving its right to keep such papers and
records confidential. The failure of Contractor to comply with this warranty regarding the keeping of papers and records and
cooperating with the City’s random inspections shal{ constitute a material breach of the Agreement and the City shall have
the right to immediately terminate the Agreement.

The Contractor further agrees to include the following language in all subcontracts entered into by Contractor with any
person or entity to perform work on the Agreement and to terminate the agreement with any subcontractor who violates any
of the warranties set forth in said language below.

Page 7 of 27

DSD — Engineering Division

City of 7 10000 N. El Mirage Road
EL MIRAGE GENERAL EI Mirage, AZ 85335

ee RACE TERMS AND CONDITIONS

Phone: (623) 972-8116
Fax: (623) 876-4605

To the extent applicable under A.R.S. § 41-4401, Subcontractor warrants to Contractor and the City of El Mirage
Subcontractor’s compliance with all federal immigration laws and regulations that relate to its compliance with the
E-verify requirements under A.R.S. § 23-214(A). Subcontractor’s breach of the above-mentioned warranty shall be
deemed a material breach of the Agreement and may result in the termination of the subcontract by Contractor at the
direction of the City of El Mirage. Subcontractor further acknowledges the City of El Mirage’s right to randomly
inspect the papers and records of Subcontractor to ensure that Subcontractor is complying with the above-mentioned
warranty.

Subcontractor warrants to keep the papers and records open for random inspection during normal business hours by
City of El Mirage. Subcontractor shall cooperate with City of El Mirage’s random inspections including granting
the City entry rights to Subcontractor’s property to perform the random inspections and waiving their respective
rights to keep such papers and records confidential. The failure of Subcontractor to comply with this warranty
regarding the keeping of papers and records and failure to cooperate with the City’s random inspections shall
constitute a material breach of the Agreement and the City shall have the right to immediately require Contractor to
terminate the Agreement with Subcontractor.

39. ISRAEL BOYCOTT AND FORCED LABOR OF ETHNIC UYGHURS:

As applicable pursuant to Arizona Revised Statutes Title 35, Articles 9 and 10, Contractor certifies that it is not
currently engaged in, and agrees for the duration of the agreement to not engage in, a boycott of Israel.
Additionally, Contractor agrees and certifies that it does not currently, and agrees for the duration of this Agreement
that Contractor will not, use: (1) the forced labor of ethnic Uyghurs in the People’s Republic of China; (2) any goods
or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or (3) any contractors,
subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic
Uyghurs in the People’s Republic of China. If Contractor becomes aware during the term of the contract that it is
not in compliance with this written certification, the company shall notify the City within five business days after
becoming aware of the noncompliance, If Contractor does not provide the City with a written certification that
Contractor has remedied the noncompliance within [80 days after notifying the City of the noncompliance, this
Contract terminates, except that if the contract termination date occurs before the end of the remedy period, the
Contract terminates on the Contract termination date. Contractor also agrees to indemnify and hold harmless the
City, its officials, employees, and agents from any claims or causes of action relating to the City’s action based upon
reliance upon this representation, including the payment of all costs and attorney fees incurred by the City in
defending such an action.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

Page 8 of 27

DSD — Engineering

STANDARD 10000 N. El Mirage Road

El Mirage, AZ 85335

Phone: (623) 972-8116
Fax: (623) 876-4605

DEFINITIONS: The terms, as used in or pertaining to the contract, are defined as follows:

CITY: The word “City” shall refer to the City of El Mirage, Arizona.

CONTRACTOR: The word “Contractor” is defined as the person, firm or corporation with whom the contract is made by
the City.

CONTRACT; The word “Contract” will include the Performance Bond, Payment Bond, Notice of Award, Notice to
Proceed, Change Order, Certificate of Insurance & Schedule A, Certificate of Completion, Contractor’s Affidavit Regarding
Settlement of Claims, Standard Terms & Conditions, General Terms & Conditions, Special Terms & Conditions, Special
Provisions, Contractor Proposal, Plans and Addenda thereto.

ENGINEER: The word “Engineer” is defined as the person, firm or corporation duly authorized by the City to act as agent
in providing professional services including studies, planning, engineering design and construction administration services,
inspecting materials and construction, and interpreting plans and specifications.

MATERIALS; The word “Materials” will include, in addition to materials incorporated in the project, equipment and
other material used and/or consumed in the performance of the work.

SUBCONTRACTOR: The word “Subcontractor” is defined as those persons or groups of persons having a direct contract
with the contractor and those who furnish material worked to a special design according to the plans and/or specifications

for this work, and includes those who merely furnish materials not so worked.

WORK: The word “Mork” shall include all labor necessary to accomplish the construction required by the Contract and all
materials and equipment incorporated or to be incorporated in said construction.

REFERENCE STANDARDS:

a. The “Uniform Standard Specifications for Public Works Construction” and the “Uniform Standard Details for Public
Works Construction”, latest editions, which are sponsored and distributed by the Maricopa Association of Governments
(MAG), and which are hereinafter referred to as the “MAG Specifications,” are hereby adopted as part of these contract
documents.

b. Ifany contradiction exists between “MAG Specifications” and this solicitation document, the solicitation language shall
prevail.

LAWS AND REGULATIONS: The Contractor shall keep himself/herself fully informed of all existing and future City
and County ordinances and regulations and state and federal laws and Occupational Safety and Health Standards (OSHA) in
any manner affecting the work herein specified. He/She shall at all times observe and protect and indemnify the City of El
Mirage, Arizona, and its officers and agents against any claim or liability arising from or based on the violation of any such
ordinances, regulations or laws. It is the responsibility of the Contractor to obtain any and all information regarding the laws
and regulations, which may be referenced in the Specifications.

RIGHTS OF WAY: The City will provide Rights-of-Way and easements for all work specified in this contract, and the
Contractor shall not enter or occupy with men, tools, equipment or materials any private ground outside the property of the
City of El Mirage, Maricopa County, Arizona, without the consent of the owner.

Page 9 of 27

ey
GRAND HERITAGE, HRIGHT PUTUREL

DSD — Engineering

City of RD 10000 N. El Mirage Road
EL MIRAGE STANDA El Mirage, AZ 85335

im TERMS AND CONDITIONS
Phone: (623) 972-8116
Fax: (623) 876-4605

10.

The Contractor, at his/her own expense, is responsible for the acquisition of any additional easements or rights-of-way that
he/she may desire to complete the work of this contract.

PROPOSAL QUANTITIES: It is expressly understood and agreed by the parties hereto that the quantities of the various
classes of work to be done and the material to be furnished under this Contract, which have been estimated as stated in the
Proposal, are only approximate and are to be used solely for the purpose of comparing, on a consistent basis, the proposals
offered for the work under this Contract. The Contractor further agrees that the City of El Mirage will not be held
responsible if any of the quantities shall be found incorrect; and the Contractor will not make any claim for damages or for
loss of profits because of a difference between the quantities of the various classes of work as estimated and the work
actually done. If any error, omission, or misstatement is found to occur in the estimated quantities, the same shal} not
invalidate this Contract or the whole or any part of the work in accordance with the Specifications and Plans herein
mentioned, and for the prices herein agreed upon and fixed therefore, or excuse him/her from any of the obligations or
liabilities hereunder, or entitle him/her to any damage or compensation except as may be provided in this contract.

FEDERAL FUNDING: It is the responsibility of the Contractor to determine on any project if federal wage rates apply. It
is also the responsibility of the Contractor to incorporate any necessary amounts in the Proposal to accommodate for
required federal record keeping and necessary pay structures. The Contractor should contact the City of El Mirage regarding
any applicable Davis Bacon wage rates.

PAYMENTS _TO CONTRACTOR: Payments will be made on the basis of itemized statements provided by the
Contractor in accordance with these Specifications. Three (3) copies of an itemized statement should be submitted to the
Office of the City Engineer. After verification, payments will be processed by the Management Services Department.
Payments will be mailed by the Engineering Division. The City will make a partial payment to the Contractor on the basis
of an estimate prepared by the Contractor, and approved by the City Engineer, for work completed through the last day of
preceding pay period. The City will retain ten percent (10%) of each such estimate until acceptance of the project. When
required by the City Engineer or his/her authorized representative for the purposes of determining the equitableness of the
Contractor’s payment request, the Contractor shall furnish evidence satisfactory to the City Engineer or his/her authorized
representative, of the sums paid by the Contractor for materials, supplies and other items of expense (i.c., lien releases).

LOSSES AND DAMAGES: All loss or damage arising out of the nature of the work to be done or from the action of the
elements or from any unforeseen circumstances in the prosecution of the same, or from any unusual obstructions or
difficulties which may be encountered in and/or during the prosecution of the work, or from any casualty whatsoever of
every description, shall be sustained and borne by the Contractor at his/her own cost and expense.

CHARACTER AND STATUS OF WORKMEN: Only skilled foremen and workmen shall be employed on work
requiring special qualifications.

When required by the City Engineer, the Contractor shall discharge any person who is, in the opinion of the Engineer,
disorderly, dangerous, insubordinate, incompetent, or otherwise objectionable, The Contractor shall keep the City harmless
from damages or claims for compensation that may occur in the enforcement of this section.

The Contractor shail be responsible for assuring the legal working status of its employees and its subcontractor’s employees.

WORK METHODS: The methods, equipment and appliances used on the work shall be such as will produce a satisfactory
quality of work, and shall be adequate to complete the contract within the time limit specified.

Except as is otherwise specified, the Contractor’s procedure and methods of construction may, in general, be of his/her own
choosing, provided they follow best genera! practice and are calculated to secure results which will satisfy the requirements
of the specifications and the supervision of the work.

Page 10 of 27

GRAND HERITAGE, BRIGHT FUTURE!

DSD ~ Engineering

City of STANDARD 10000 N. El Mirage Road

7 EL MIRAGE El Mirage, AZ 85335

Aims TERMS AND CONDITIONS
Phone: (623) 972-8116
Fax: (623) 876-4605

12.

The work covered by this Contract shall be carefully laid out in advance and performed in a manner to minimize interference
with normal operation and utilization of the roads. The Contractor shall exercise caution during the course of this
construction work to avoid damage to all known existing or possible unknown existing underground utilities. He/She shall
conduct his/her construction operations in such a manner as to avoid injury to his/her personnel and to avoid damage to all
utilities. Any damage done wiil be repaired without delay and at the expense of the Contractor.

. PRE-CONSTRUCTION CONFERENCE: Within 30 days of the issuance of the Notice of Award, the Contractor is

required to attend a Pre-construction Conference. The city will contact the Contractor to schedule a specific date, time and
location for the Pre-construction conference. The purpose of the meeting is to outline specific construction items and
procedures and to address items which require special attention on the part of the Contractor. The Contractor may also
present proposed variations in procedures which the Contractor believes may improve constructability of the project, reduce
cost, or will reduce inconvenience to the public. Any necessary coordination and procedures for Construction inspection
and staking will be addressed during the Pre-construction Conference. The Contractor will be required to provide the
following information at the Pre-construction Conference:

a. Names and emergency telephone numbers of key personnel involved in the project.
b. Names and telephone numbers of all subcontractors proposed for use on the project.

c. Aconstruction progress schedule showing the estimated time for start and completion of the major items of work.

d. A payment schedule showing the estimated dollar volume of work for each calendar month during the life of the
project.

e. A written proposal outlining the intended plans for maintaining continuous access to residences and businesses along
the construction site, and traffic control.

f. An itemized list of all required shop drawings, material and equipment submittals and a schedule indicating the dates
each of these items will be transmitted to the City for review.

Each of the above items is subject to the review and approval by the City.

NOTICE TO PROCEED: Within 45 days of the issuance of the Notice of Award the City may issue a written Notice to
Proceed. The Notice to Proceed shall stipulate the actual contract start date, the contract duration and the contract
completion date. The time required for the Contractor to obtain permits, licenses and easements shall be included in the
contract duration and shall not be justification for a delay claim by the Contractor. The time required for the Contractor to
prepare, transmit and obtain approval of applicable submittals shall be included in the contract duration and shall not be
justification for a delay claim by the Contractor.

No work shall be started until after all required permits, licenses, and easements have been obtained.

No work shall be started until all applicable submittals have been submitted and returned approved by the Owner’s
Representative.

The Contractor shall notify the City of El Mirage’s project manager or engineer at least seventy-two (72) hours before the
following events:

Page 11 of 27

DSD — Engineering

) City of 10000 N. El Mirage Road
_ 7 EL MIRAGE STANDARD El Mirage, AZ 85335

| TERMS AND CONDITIONS

Phone: (623) 972-8116
Fax: (623) 876-4605

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

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

d. The coordination of all draining and filling of water lines, irrigation laterals and all operations of existing valves or
gages with the project manager;

e. The start-up or testing of any water well or booster pump to be connected to any part of the existing City water system
This includes operation of existing valves necessary to accommodate the water.

13. 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 El Mirage City Engineer for interpretation.

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

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

b. All traffic control devices required for this project shall be the responsibility of the Contractor. The Contractor shall
place advance warnings; REDUCE SPEED, LOOSE GRAVEL, 25 MPH SPEED LIMIT and DO NOT PASS signs
in accordance with the Traffic Barricade Manual.

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

d. All barricades and obstructions shall be illuminated at night, and all safety lights shall be kept burning from sunset until
sunrise. All barricades and signs used by the Contractor shall conform to the standard design, generally accepted for
such purposes, and payment for all such services and materials shall be considered as included in the other pay items of
the Contract.

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

Page 12 of 27

DSD — Engineering

a City of RD 10000 N. El Mirage Road
_7 EL MIRAGE STANDA Bl Mirage, AZ 85335

sashes mann TERMS AND CONDITIONS
Phone: (623) 972-8116
Fax: (623) 876-4605

f. When construction activities or traffic hazards at the construction site require the use of flagmen, it shall be the
Contractor’s responsibility to provide adequate personnel including flagmen to direct traffic safely.

g. Manual traffic control shail be in conformity with the Traffic Barricade Manual, except the liaison officer shall be
contacted at the El Mirage Police Department at telephone number (623) 933-1341,

h. When traffic hazards at construction sites warrant the use of certified police personnel to direct traffic, arrangement
should be made with the liaison officer at the El Mirage Police Department at telephone number (623) 933-1341.

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

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

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

l. No street within this project may be closed to through traffic or to local emergency traffic without prior written approval
of the City Engineer of the City of El Mirage at least two weeks prior to the scheduled closure. The Contractor must
ailow for the notification of the public at least six (6) working days in advance of such closing with VMS signs
explaining the closure at all approaches to the project area. Partial closure of streets within the project shall be done in
strict conformity with written directions to be obtained from the City Engineer.

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

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

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

14. OUTDOOR CONSTRUCTION RESTRICTIONS: Outdoor construction is restricted as listed below in the following
table:

Construction Type May 1 - September 30 October [ — April 30
A_| All Construction Work — Monday through Saturday 6:00 a.m. to 7:00 p.m. 7:00 a.m. to 7:00 p.m.
B All Construction Work — Sunday 8:00 a.m. to 7:00 p.m, 8:00 a.m. to_7:00 p.m.

The above hours must be adhered to under all circumstances unless prior authorization is obtained in writing by the City of
El Mirage City Engineer or their designee. Any Friday, night or weekend work within the City’s right of way also requires
written approval from the City.

Page 13 of 27

DSD ~ Engineering

)_ City of 10000 N. El Mirage Road
EL MIRAGE STANDARD EJ Mirage, AZ 85335

Phone: (623) 972-8116
Fax: (623) 876-4605

15,

16.

17.

19.

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/her authorized representatives.
Survey monuments shall be constructed to the requirements of MAG Specifications, Section 405, and Standard Details. Lot
corners shall not be disturbed without knowledge and consent of the property owner,

The Contractor shail replace benchmarks, monuments, or lot corners moved or destroyed during construction at no expense
to the Owner. Contractor and his/her sureties shall be liable for correct replacement of disturbed survey benchmarks except
where the Owner elects to replace survey benchmarks using his/her own forces.

PROTECTION OF FINISHED OR PARTIALLY FINISHED WORK: The Contractor shall properly guard and protect
all finished or partially finished work, and shall be responsible for the same until the entire contract is completed and
accepted by the City Engineer. The Contractor shall turn over the entire work in full accordance with these Specifications
before final settlement shall be made.

STOCKPILE OF MATERIALS:

a. The Contractor may, if approved by the City Engineer, place or stockpile materials in the public right-of-way provided
they do not prevent access to adjacent properties or prevent compliance with traffic regulations.

b. Traffic shall not be required to travel over stockpiled materials, and proper dust control shall be maintained.

. EXCESS MATERIALS: When excavations are made, resultant loose earth shall be utilized for filling by compacting in

place or disposed of off the site.

Excess or unsuitable material, broken asphaltic concrete and broken Portland cement concrete excavated from the right-of-
way shall be removed from the project and disposed of by the Contractor. Disposal of material within the El Mirage City
Limits or Planning Area must be approved by the City Engineer or his/her authorized representative.

Waste material shall not be placed on private property without express permission of the property owner.

The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by his/her
operations. At the completion of the work, he/she shall remove all equipment, tools and surplus materials, and shall
completely clean the premises, removing and disposing of all debris and rubbish, and cleaning all stains, spots, marks, dirt,
smears, etc. When work premises are turned over to the City, they shall be thoroughly clean and ready for immediate use.

Clean-up shall include removal of all excess pointing mortar materials within pipes and removal of oversized rocks and
boulders left after finish grading. The Contractor shall provide for the legal disposal of all waste products debris, etc., and
shall make necessary arrangements for such disposal.

DUST CONTROL AND WATER: The dust contro] measures shall be in accordance with the requirements of the
“Maricopa County Health Department Air Pollution Control Regulations,” namely Regulation IH, Rule 21, subparagraph C
and Regulation IH, Rule 310 shall be rigidly observed and enforced. Water or other approved dust palliative in sufficient
quantities shall be applied during all phases of construction involving open earthwork to prevent unnecessary discharge of
dust and dirt into the air. The Contractor shall be responsible for compliance with these regulations. A Notice to Proceed
will not be issued until the City of El Mirage has received a copy of the Contractor’s Dust Control Permit and Plan.

The Contractor shall be required to obtain the necessary permit and all pertinent information from the Maricopa County Air
Quality Department, 1001 North Central Avenue, Suite 125, Phoenix, Arizona, (602) 506-6010.

Page 14 of 27

DSD ~ Engineering

City of 10000 N. El Mirage Road
EL MIRAGE STANDARD El Mirage, AZ 85335

Se TERMS AND CONDITIONS

GRAND HERITAGE, BRIGHT FUTUREY

Phone: (623) 972-8116
Fax: (623) 876-4605

20.

21,

22.

The Contractor shall keep suitable equipment on hand at the job site for maintaining dust control on the project streets, and
shall employ sufficient labor, materials and equipment for that purpose at all times during the project to the satisfaction of
the City Engineer.

Watering shall conform to the provisions of Section 230 of the MAG Standard Specifications. The cost of watering will be
included in the price for the construction operation to which such watering is incidental or appurtenant.

The Contractor shall obtain a fire hydrant meter for construction and shail contact the El Mirage Customer Service
Department at 623-933-1228 to start the process. Installation and removal of fire hydrant meters should be scheduled at
least forty-eight (48) hours in advance through the Customer Service Department. Contractors shall not relocate hydrant
meters themselves. A deposit and account activation fee is required for each meter. The cost of the water is at the
prevailing rate plus a recharge fee of $2.37 per 1,000 gallons of water.

TEMPORARY SANITARY FACILITIES: The Contractor shall provide ample toilet facilities with proper enclosures for
the use of workmen employed on the work site. Toilet facilities shall be installed and maintained in conformity with all
applicable state and local laws, codes, regulations and ordinances. They shail be properly lit and ventilated, and kept clean
at all times.

Adequate and satisfactory drinking water shall be provided at all times and under no circumstances and under no conditions
will the use of common cups be permitted. The Contractor must supply sanitary drinking cups for the benefit of all
employees.

ELECTRIC POWER, WATER AND TELEPHONE: Unless otherwise specified, the Contractor shall make his/her own
arrangements for electric power, water and telephone. Subject to the convenience of the utility, he/she may be permitted to
connect to existing facilities where available, but he/she shall meter and bear the cost of such power or water, and
installation and disconnect of such power, water and telephone services.

ENERGIZED AERIAL ELECTRICAL POWER LINES: The utility company may maintain energized aerial electrical
power lines in the immediate vicinity of this project. Do not consider these lines to be insulated. Construction personnel
working in proximity to these lines are exposed to an extreme hazard from electrical shock. Contractors, their employees
and all other construction personnel working on this project must be warned of the danger and instructed to take adequate
protective measure, including maintaining a minimum ten (10) feet clearance between the lines and all construction
equipment and personnel. (see: OSHA Std. 1926.550 (a) 15).

As an additional safety precaution, Contractors should also be instructed to call the utility company to arrange, if possible, to
have these lines de-energized or relocated when the work reaches their immediate vicinity. The cost of such temporary
arrangements shall be borne by the contractor. The utility company can often respond to such request if two (2) days
advance notice is given, but some situations may require up to sixty (60) days lead time for relocation or other arrangements.

Electrical utility companies may maintain energized underground electrical power lines in the immediate vicinity of this
project. These power lines represent an extreme hazard of electrical shock to any construction personnel or equipment
coming in contact with them. Arizona law requires all parties planning excavations in public rights-of-way to contact all
utility firms for locations of their underground facilities. Contractors, their employees, and all other personnel working near
any underground power lines must be warned to take adequate protective measure. (see: OSHA Std. 1926-651).

Page 15 of 27

DSD — Engineering

City of SPECIAL 10000 N. E] Mirage Road
EL MIRAGE TERMS AND CONDITIONS El Mirage, AZ 85335

GRAND HERITAGE, BRIGHT PUTURE!

Phone: (623) 972-8116
Project Number: EM23-ST04 Fax: (623) 876-4605

1. PURPOSE: Pursuant to provisions of the City Procurement Code, the City of El Mirage, Community Development
Department — Engineering Division intends to establish a contract for the Cheryl Drive Improvements — El Mirage Road
to 121st Avenue project.

2. AUTHORITY: This Solicitation as well as any resultant contract is issued under the authority of the City. No alteration of
any resultant contract may be made without the express written approval of the City Materials Manager in the form of an
official contract amendment. Any attempt to alter any contract without such approval is a violation of the contract and the
City Procurement Code. Any such action is subject to the legal and contractual remedies available to the City inclusive of,
but not limited to, contract cancellation, suspension and/or debarment of the contractor.

3. CONDITIONS OF WORK: Contractor must inform himself/herself fully of the conditions relating to the construction of
the project and the employment of labor thereon. Failure to do so will not relieve the Contractor of his/her obligation to
furnish all material and labor necessary to carry out the provisions of this Contract. Insofar as possible the Contractor, in
carrying out his/her work, must employ such methods or means as will not cause any interruption of or interference with the
work of any other Contractor.

4. TIME OF COMPLETION: The Contractor shall commence work under this project on or before the fifth (5) day
following the project start date indicated on the “Notice to Proceed” issued by the City of El Mirage and shall fully
complete all work under the project within 60 calendar days. The Contractor shall, at all times, during the continuance of
the Contract, prosecute the work with such force and equipment as is sufficient to complete all work within the time
specified,

5. EQUAL OPPORTUNITY EMPLOYMENT: It is the policy of the City of El Mirage that suppliers of goods or services to
the City adhere to a policy of non-discrimination, equal access, equal employment opportunity and demonstrate an
affirmative effort to recruit, hire, and promote regardless of race, color, religion, gender, national origin, age or disability.

6. APPROVAL OF SUBSTITUTIONS: The materials, products, and equipment described in the Documents and Addenda
establish a standard or required function, dimension, appearance, and quality to be met by any proposed substitution. No
substitute will be considered unless written request for approval has been received and approved by the City or its
representative. Each such request shall include the name of the material or equipment for which it is to be substituted and a
complete description of the proposed substitute including any drawings, cuts, performance, and test data and any other
information necessary for evaluation of the substitute. If a substitute is approved, the approval shall be acknowledged in
writing. Contractor shall not consider approvals made in any other manner.

7, USE OF EQUALS: When the specifications for materials, articles, products, and equipment state “or equal”, Contractor
may use materials, articles, products, and equipment which will perform equally the duties imposed by the general design.
The City Engineering Division will have the final approval of all materials, articles, products, and equipment proposed to be
used as an “equal.” It shall not be purchased or installed without prior written approval from the City or its representative.

Approvals for “equals,” may be requested in writing to the City Engineering Division for approval. The request shall state
the name of the material, article, product, or equipment for which the item is sought to be considered and equal and a
complete description of the proposed equal including any drawings, cuts, performance specifications, test data and any other
information necessary for approval of the equal. All approvals will be issued in writing.

8. CITY OF EL MIRAGE PERMIT: The Contractor shall obtain a no fee permit from the City. The Contractor will be
responsible for any required Maricopa County or other agency permits.

Page 16 of 27

DSD — Engineering

City of SPECIAL

10000 N. El Mirage Road

EL MIRAGE TERMS AND CONDITIONS BI Mitage, AZ 85335

GRAND HERITAGE, ORIGHT FUTURE

Phone: (623) 972-8116
Project Number: EM23-ST04 Fax: (623) 876-4605

9. INDEPENDENT CONTRACTOR:

a,

General

i. The Contractor acknowledges that all services provided under this Agreement are being provided by him/her as an
independent contractor, not as an employee or agent of the City of El Mirage.

ii, Both parties agree that this Agreement is nonexclusive and that Contractor is not prohibited from entering into
other contracts nor prohibited from practicing his/her profession elsewhere.

Liability

i. The City of El Mirage shall not be liable for any acts of Contractor outside the scope of authority granted under this
Agreement or as the result of Contractor’s acts, errors, misconduct, negligence, omissions and intentional acts.

ii. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its
agents, representatives, officers, directors, officials and employees from and against all claims, damages, losses and
expenses (including but not limited to attorney fees, court costs, and the cost of appellate proceedings), relating to,
arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the
Contractor, its employees, agents, or any tier of subcontractors in the performance of this Contract. Contractor’s
duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and
employees shal! arise in connection with any claim, damage, loss or expense that is attributable to bodily injury,
sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting
therefrom, caused by any acts, errors, mistakes, omissions, work or services in the performance of this Contract
including any employee of the Contractor or any tier of subcontractor or any other person for whose acts, errors,
mistakes, omissions, work or services the Contractor may be legally liable.

The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting
the scope of the indemnity in this paragraph.

Other Benefits

The Contractor is an independent contractor; therefore, the City will not provide the Contractor with health insurance,
life insurance, workmen’s compensation, sick leave, vacation leave, or any other fringe benefits. Further, Contractor
acknowledges that he/she is exempt from coverage of the Comprehensive Benefit and Retirement Act (COBRA). Any
such fringe benefits shall be the sole responsibility of Contractor.

10. KEY PERSONNEL: It is essential that the Contractor provide adequate experienced personnel, capable of and devoted to
the successful accomplishment of work to be performed under this contract. The Contractor must agree to assign specific
individuals to the key positions.

The Contractor agrees that, once assigned to work under this contract, key personnel shall not be removed or replaced
without written notice to the City.

If key personnel are not available for work under this contract for a continuous period exceeding 30 calendar days, or
are expected to devote substantially less effort to the work than initially anticipated, the Contractor shall immediately
notify the City, and shall, subject to the concurrence of the City, replace such personnel with personnel of substantially
equal ability and qualifications. .

Page 17 of 27

GRAND HERITAGE, BRIGHT FUTURES

B.

DSD — Engineering
City of SPECIAL
10000 N. El Mirage Road

1. MIRAGE TERMS AND CONDITIONS El Mirage, AZ 85335

Phone: (623) 972-8116
Project Number: EM23-ST04 Fax: (623) 876-4605

VW.

13.

LIQUIDATED DAMAGES: Liquidated Damages shall be assessed for each calendar day of delay. Liquidated damages
shall be per MAG Specifications, Section 108.9.

a. If the contract is not terminated, the contractor shall continue performance and be liable to the City for the liquidated
damages until the products are delivered or services performed.

b, In the event the City exercises its right of termination, the contractor shall be liable to the City for any excess costs, and
in addition, for liquidated damages until such time the City may reasonably obtain delivery or performance of similar
supplies or services.

WARRANTY: Each offer shall provide a one year warranty/guarantee against defects in materials, faulty workmanship
and/or performance for all items required of the specifications.

INSURANCE REQUIREMENTS: The Contractor, at Contractor’s own expense, shall purchase and maintain the herein
stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of A-, or approved
unlicensed to do business in the State of Arizona with policies and forms satisfactory to the City.

All required herein shall be maintained in full force and effect until all work required to be performed under the terms of the
Contract is satisfactorily completed and formally accepted; failure to do so may, at the sole direction of the City, constitute a
material breach of this Contract.

The Contractor’s insurance shall be primary insurance, and any insurance or self-insurance maintained by the City shall not
contribute to it.

Any failure to comply with the claim reporting provisions of the policies or any breach of an insurance policy warranty shail
not affect coverage afforded under the policy to protect the City.

The insurance policies, except Workers’ Compensation, shall contain a waiver of transfer rights of recovery (subrogation)
against the City, its agents, representatives, directors, officers, and employees for any claims arising out of the Contractor’s
work or service.

The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or
self-insured retentions shall not be applicable with respect to the coverage provided to the City under such policies. The
Contractor shall be solely responsible for deductible and/or self-insured retention and the City, at its option, may require the
Contractor to secure the payment of such deductible or self-insured retentions by a surety bond or an irrevocable and
unconditional letter of credit.

The City reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein
required insurance policies and/or endorsements. The City shall not be obligated, however, to review same or to advise
Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be
deemed a waiver of the City’s right to insist on, strict fulfillment of Contractor’s obligations under this Contract.

The insurance policies, except Workers’ Compensation, required by this Contract shall name the City, its agents,
representatives, officers, directors, officials and employees as Additional Insureds.

Page 18 of 27

DSD — Engineering
City of SPECIAL

10000 N. El Mirage Road

( EL MIRAGE TERMS AND CONDITIONS El Mirage, AZ 85335

GRAND HERTIAGE, BRIGHT FUTUREL

Phone: (623) 972-8116
Project Number: EM23-ST04 Fax: (623) 876-4605

14. REQUIRED INSURANCE COVERAGE:

a.

General Liability

Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each
occurrence with a $2,000,000 Products and Completed Operations Aggregate and $2,000,000 General Aggregate Limit.
The policy shall include coverage for bodily injury, broad form property damage, personal injury, products/completed
operations and blanket contractual coverage including, but not limited to, the liability assumed under the
indemnification provisions of this Contract, which coverage will be at least as broad as Insurance Service Office, Inc.
Policy Form CG 000211093 or any replacement thereof. The coverage shall not exclude X, C, U.

Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation
clause, nor any provision which would serve to limit third party action over claims.

The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service
Office, Inc.’s, Additional Insured, Form B, CG20101185, and shall include coverage for Contractor’s operations and
products and completed operations.

Any Contractor subletting any part of the work, services or operations awarded to the Contractor shall purchase and
maintain, at all times during prosecution of the work, services or operations under this Contract, an Owner’s and
Contractor’s Protective Liability insurance policy for bodily injury and property damage, including death, which may
arise in the prosecution of the Work or Contractor’s operations under this Contract. Coverage shall be on an occurrence
basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance
company that issues the Contractor’s Commercial General Liability insurance.

Automobile Liability

Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily
injury and property damage of not less than $1,000,000 each occurrence with respect to the Contractor’s any owned,
hired, and non-owned vehicles assigned to or used in performance of the Contractor’s work. Coverage will be at least as
broad as coverage code 1, “any auto”, (Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements
thereof). Such insurance shall include coverage for loading and off-loading hazards. If hazardous substances, materials
or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily
injury and property damage shall apply.

Workers’ Compensation

The Contractor shall carry Workers’ Compensation insurance to cover obligations imposed by federal and state statutes
having jurisdiction of Contractor’s employees engaged in the performance of the work; and, Employer’s Liability
insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy
limit.

In case any work is subcontracted, the Contractor will require the Subcontractor to provide Workers’ Compensation and
Employer’s Liability to at least the same extent as required of the Contractor.

15, CERTIFICATES OF INSURANCE: Prior to commencing Services under this Contract, Contractor shall furnish the City
with Certificates of Insurance (naming the City as additionally insured), or formal endorsements as required by the Contract,
issued by Contractor’s insurer(s), as evidence that policies providing the required coverages, conditions and limits required
by this Contract are in full force and effect.

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GRAND HERPIAGE, BRIGHT FUTURE!

DSD — Engineering
City of SPECIAL
10000 N. E} Mirage Road

EL MIRAGE TERMS AND CONDITIONS El Mirage, AZ 85335

Phone: (623) 972-8116
Project Number: EM23-ST04 Fax: (623) 876-4605

17,

18.

19.

20.

In the event any insurance policy(ies) required by this contract is(are) written on a ‘claims made” basis, coverage shall
extend for two years past completion and acceptance of the Contractor’s work or services and as evidenced by annual
Certificates of Insurance.

If a policy does expire during the life of the contract, a renewal certificate must be sent to the City fifteen (15) days prior to
the expiration date.

All Certificates of Insurance required by this Contract shall be identified with a serial number and title. A $25.00
administrative fee shall be assessed for all Certificates received without the appropriate serial number and title.

. CANCELLATION AND EXPIRATION NOTICE: Insurance required herein shall not expire, be canceled, or materially

changed without fifteen (15) days prior written notice to the City.

PERFORMANCE BOND: The contractor shall be required to furnish non-revocable security binding the contractor to
provide faithful performance of the contract in the amount of 100% of the total contract price payable to the City of El
Mirage.

Performance security shall be in the form of a performance bond, certified check or cashier’s check. This security must be
in the possession of the City of El] Mirage, Finance Department within the time specified or ten (10) days after notice of
award if no period is specified. If the contractor fails to execute the security document as required, the contractor may be
found in default and the contract terminated by the City. In case of default the City reserves all rights.

All performance bonds shall be executed on the Performance Bond form included in this Document, duly executed by the
Contractor as Principal and having as Surety thereon a Surety company approved by the owner and holding a Certificate of
Authority to transact surety business in the State of Arizona, by the Arizona Department of Insurance. Individual sureties
are unacceptable. All Insurers and Sureties shall have at the time of submission of the Proposal and A.M. Best’s Key Rating
Guide of “A-” or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company, payable
without condition to the Owner.

PAYMENT BOND: The contractor shall be required to furnish non-revocable security for the protection of all persons
supplying labor and material to the contractor or any subcontractor for the performance of any work related to the contract.
Payment security shall be in the amount of 100% of the total contract price and be payable to the City of El Mirage.

Payment security shall be in the form of a payment bond, certified check or cashier’s check.

All payment bonds shall be executed on the Payment Bond form included in this Document, duly executed by the Contractor
as Principal and having as Surety thereon a Surety company approved by the owner and holding a Certificate of Authority to
transact surety business in the State of Arizona, by the Arizona Department of Insurance. Individual sureties are
unacceptable. All Insurers and Sureties shail have at the time of submission of the Proposal and A.M. Best’s Key Rating
Guide of “A-~” or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company, payable
without condition to the Owner.

TAX FORMULA: The Contractor shall apply the appropriate Transaction Privilege Tax in accordance with the
Department of Revenue rules and procedures.

CONTRACT DEFAULT: The City, by written notice of default to the contractor, may terminate the whole or any part of
this contract in any one of the following circumstances:

Page 20 of 27