Linking Agreement

THIS LINKING AGREEMENT (this “Agreement”) is entered into as of this

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
and
VALLEY RAIN CONSTRUCTION CORPORATION
for
Landscape Consttuction for Parks and Recreation Facilities

day of
2023, between the City of Glendale, an Arizona municipal corporation (the “City”), and

Valley Rain Construction Corporation, an Arizona Corporation authorized to do business in Arizona
(“Contractor”), collectively, the “Parties.”

RECITALS

On April 1, 2019 under the Strategic Alliance for Volume Expenditures (SAVE) cooperative,
the City of Peoria entered into a contract with Contractor to purchase the goods and services
described in the Parks, Trails and Landscape Construction Contract No. ACON14119
(“Cooperative Purchasing Agreement”), which is attached hereto as Exhibit A. The
Cooperative Purchasing Agreement permits its cooperative use by other governmental
agencies including the City.

Section 2-149 of the City’s Procurement Code permits the Materials Manager to procure goods
and services by participating with other governmental units in cooperative purchasing
agreements when the best interests of the City would be served.

Section 2-149 also provides that the Materials Manager may enter into such cooperative
agreements without meeting the formal or informal solicitation and bid requirements of
Glendale City Code Sections 2-145 and 2-146.

The City desires to contract with Contractor for supplies or services identical, or nearly
identical, to the supplies or services Contractor is providing other units of government under
the Cooperative Purchasing Agreement. Contractor consents to the City’s utilization of the
Cooperative Purchasing Agreement as the basis of this Agreement, and Contractor desires to
enter into this Agreement to provide the supplies and services set forth in this Agreement.

AGREEMENT

NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference,
and the covenants and promises contained in this Linking Agreement, the parties agree as follows:

Term of Agreement. The City is purchasing supplies and/or services from Contractor
pursuant to the Cooperative Purchasing Agreement. According to the Coopetative
Purchasing Agreement, purchases can be made by governmental entities from the date of
award, which was April 1, 2019, until the date the contract expires on March 31, 2024. There
are no renewals available beyond this date. The period of this Agreement, therefore, is the
period from the Effective Date of this Agreement until Match 31, 2024.

1/2/2020

10.

Scope of Work; Terms, Conditions, and Specifications.

A. Contractor shall provide City the supplies and/or services identified in the Scope of
Work attached as Exhibit B.

B. Contractor agrees to comply with all the terms, conditions and specifications of the
Cooperative Purchasing Agreement. Such terms, conditions and specifications are
specifically incorporated into and are an enforceable patt of this Agreement.

Compensation.

A. City shall pay Contractor compensation at the same rate and on the same schedule as
provided in the Cooperative Purchasing Agreement, which is attached hereto as
Exhibit C.

B. The total purchase price for the supplies and/or setvices purchased under this

Agteement ate estimated to be Two Million, Hight Hundred and Highty-Right
Thousand, Four Hundred Twenty-One Dollars ($2,888,421) for the entite term of the
Agreement.

Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511.

Non-discrimination. Contractor must not disctiminate against any employee or applicant for
employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual
otientation, gender identity or expression, genetic characteristics, familial status, U.S. military
veteran status of any disability. Contractor will require any Sub-contiactor to be bound to the
same xequirements as stated within this section. Contractor, and on behalf of any
subcontractors, wartants compliance with this section.

Insurance Certificate. A certificate of insurance applying to this Agreement must be provided
to the City prior to the Effective Date.

E-vetify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the
requirements of A.R.S. § 41-4401.

No Boycott of Istael. ‘To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the
parties hereby certify that they are not currently engaged in, and agree for the duration of the
Agreement to not engage in, a boycott of goods or services from Israel, as that term is defined
in A.R.S § 35-393.

Attestation of PCI Compliance. When applicable, the Contractor will provide the City
annually with a Payment Card Industry Data Security Standard (PCI DSS) attestation of
compliance certificate signed by an officer of Contractor with oversight responsibility.

Notices. Any notices that must be provided under this Agreement shall be sent to the Parties’
respective authorized representatives at the addtess listed below:

4/29/2021

City of Glendale

c/o Heidi Barriga, Interim Deputy Director

Public Facilities, Recreation and Special Events Department
5959 W. Brown St

Glendale, AZ 85302

Email: hbarriga@glendaleaz.com

and

Valley Rain Construction Corporation
c/o Cathy Dalzell, President

1614 B. Curry Rd

Tempe, AZ 85281

Email: cathy@valleyrain.com

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
set forth above.

“City” “Contractor”
City of Glendale, an Atizona Valley Rain Construction Corporation
municipal corporation an Arizona corporation
Kevin Phelps Name: Cathy Dalzell \
City Manager Title: President
ATTEST:
Julie K. Bower (SEAL)
City Clerk
APPROVED AS TO FORM:

Michael D. Bailey
City Attorney

4/29/2021

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
VALLEY RAIN CONSTRUCTION CORPORATION

EXHIBIT A
City of Peoria, Job Order Contract Number: ACON14119

for Parks, Trails and Landscape Construction

Contract Extension

4/29/2021

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
VALLEY RAIN CONSTRUCTION CORPORATION

EXHIBIT B
Scope of Work

In accordance with the terms and conditions of this Agreement and the City of Peoria Contract No.
ACON14119, the City is retaining Valley Rain Construction Corporation for landscape construction
services for the following park sites:

« Desert Mirage Park
® Discovery Park

¢ Hillcrest Park

* New World Park

® Sunset Palms Park

4/29/2021

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
VALLEY RAIN CONSTRUCTION CORPORATION

EXHIBIT C
METHOD AND AMOUNT OF COMPENSATION

Method: City shall pay Contractor compensation at the same rate and on the same schedule as
provided in the Cooperative Purchasing Agreement, which is attached hereto as Exhibit A.

Payment: Contractor shall be paid upon completion of the work performed based on the scope of
work included herein and following the City’s receipt of a properly completed invoice. All work and
setvices performed must be completed to the satisfaction of the City of Glendale.

Invoicing: Contractor to submit invoice(s) monthly to City for payment. Invoice(s) to be paid ina
timely manner in accordance with City of Glendale Finance Department procedures. Services to be
based on the scope of work included herein and the quote provided by Contractor. Any issues
regarding billing or invoicing must be directed to the City of Glendale representative requesting the
service or material from the Contractor. A properly completed invoice should contain, at a
minimum, the following:

Parks ot Recreation Project Name
Parks or Recreation Project Number
Contractor name, address, and contact information;
City billing information,
City contract number as listed on the first page of the Agreement;
Invoice number and date;
Payment terms;
Date of setvice or delivery;
Description of materials or services provided;
if materials provided, the quantity delivered and pricing of each unit;
Service address(es), contract number, and purchase order associated with the contract;
Applicable taxes;
. Total amount due

grrr po me an oP

NOT TO EXCEED AMOUNT

The total amount of compensation paid to the Contractor for full completion of all work required
by the Project must not exceed $2,888,421 for the entire term of the Agreement.

DETAILED PROJECT COMPENSATION

City shall pay Contractor compensation in accordance with the rates as set forth in the City of
Peoria Contract No. ACON14119 - Parks, Trails and Landscape Construction Job Order Contract
for Landscape Construction for City Parks and Recreation Facilities.

6
4/29/2021

City of Peoria

FINANCE DEPARTMENT
MATERIALS MANAGEMENT

CONTRACT AUTHORIZATION AND SIGNATURE — COVER SHEET

(For City Use Only)
CONTRACT DETAILS
New Contract Amendment X Extension Other:
Purchasing Job Number: P19-0018A Buyer Name: Drew Ashmun

Vendor / Contractor: Valley Rain Construction Corporation

Contract Description: Parks, Trails and Landscape Construction

Scope/Change Description: Final extension

Start Date: 04/01/2019 End Date: 03/31/2024. TermContract? No X Yes Final Expiration: 03/31/2024

FINANCIAL DETAILS
City Department: Engineering Department Rep: Ed Striffler
Budget Account #: CIP#:
A. This document amount: $ 0.00
B. Total of all previous executed
amounts for this contract: $ 0.00
C. Total Contract Amount: $ 0.00
APPROVALS
Council Approval Required?: X No Yes: Council Date:
City Manager Signature Required? X No Yes

Risk Management Approval Required? X No Yes: Risk Mgmt Signature:

SPECIAL INSTRUCTIONS

CONTRACT NUMBER MATERIALS MANAGER APPROVAL

ACON14119E Chiustine. Somray~

Projects shall be quoted in writing and shall be reviewed by an authorized City of Glendale
representative who shall verify that it meets the contractual pricing before any work begins.

Once the project has been completed, Contractor shall provide a detailed invoice to the City of
Glendale. All invoices must match the quote provided and be confirmed by the City of Glendale
authorized representative prior to paying.

No terms set forth in any invoice, purchase order, or similar document issued by Contractor will be

deemed accepted by the City; the terms of the contractual relationship between the Parties are as set
forth in this Agreement.

4/29/2021

Solicitation No: P19-0018A

Description:

Amendment No: Five (5)

CONTRACT AMENDMENT

Page 1 of 1
Parks, Trails and Landscape Construction

Date: 03/15/2023

Materials Management
Procurement
9875 N. 85th Ave., 2nd FI.
Peoria, AZ 85345
Telephone: (623) 773-7115
Fax: (623) 773-7118

Buyer: Drew Ashmun

In accordance with the Contract Special Terms and Conditions, Contract Extension, the above referenced
contract shall expire on 03.31.2023 and is hereby extended. AND THIS IS THE FINAL EXTENSION.

The New Contract Term is: 04.01.2023 to 03.31.2024

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

Management Division.

Cathy, Dabecll

3/21/23 15:52 MST Cathy Dalzell, President

Valley Rain Construction
Corporation

Signature Date

Typed Name and Title

Company Name

1614 E. Curry Rd. Tempe AZ 85281
Address City State Zip
Attested by:
GltA, Bole gor AdinaLund

Lori Dyckman, City Clerk

Director: Adina Lund, Development and Engineering
Director

Edward Strif flr

CC Number

ACON14119E

Contract Number

City Seal
Copyright 2003
City of Peoria, Arizona

Department Rep: Ed Striffler, Architectural Services
Manager

Approved as to Form:

Michael Dynes for

Emily Jurmu, Acting City Attorney

The above referenced Contract Amendment is hereby
Executed:

3/21/23 at Peoria, Arizona

Christine Finney, Materials Manager

(Rev 01/05/22)CF

City of Peoria, Arizona
Job Order Contract

Statement of Qualifications No: P19-0018A

Description of Work: Parks Trails and Landscape Construction.

Location: City of Peoria, Materials Management Contact: Drew Ashmun
Mailing Address: 9875 N. 85" Ave., 2" FI, Peoria, AZ 85345 Phone: (623) 773-7115

OFFER

A-03927274

Contractor’s License Number

Valley Rain Construction Corporation —

Authbrized SignttQht for Offer

erg €& Curry RL Daniel K. Kars takes

Job Order Contractor Name

Addres¢ Printed Name~
Tepe AZ. 95281 VW? Coustructtou
Chy State ZipCode ~ Title
‘120-8494. ZR3S_ 180° 166-14 So dan Valles rein Com
Telephone F E-mai

ONTRACT AWA city of Peotia Use (
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 alt
terms conditions, specifications, amendments, etc., of the contract and the Contractar’s affer 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.

| -Aftested y: . 8 City of Peoria, Arizona.
: be Eff. Date: April 1, 2019
ALIVE,

Rhonda Geriminsky, City Clerk oS Approved as to form:

Ww Vets P. Hickman, City Attorney\ J
ACON14119 W219

Awarded on

Contract Number

- oy 3 ~
City Seal Official File Gor Ban Zenko, Materials Manager O
Copyright 2003 City of Peoria, Arizona

(Rev 12/2018)CF

JOB ORDER CONTRACT

P19-0018

Parks Trails and Landscape Construction

CONTRACT FOR CONSTRUCTION

Rev (12/2018) CF

ARTICLE I
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 First (1) day of April, 2019
by and between the City of Peoria, Arizona, an Arizona charter municipality (the “Owner”), and Valley Rain
Construction, (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.

15. 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

Rev (12/2018) CF

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
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 publi¢
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;

Rev (12/2018) CF

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

Rev (12/2018) CF

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. 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 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 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.
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.

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.

Rev (12/2018) CF

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
the project. The traffic control plan shall be submitted electronically and the liaison officer shall be contacted at
the Peoria Police Department via emai! 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.

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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 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.

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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
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 drawings 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 tight 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.

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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.

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

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