Linking Agreement

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
PIPELINE VIDEO INSPECTION, L.L.C.

This Linking Agreement (“Agreement”) is entered into as of this day of » 20 , between
the City of Glendale, an Arizona municipal corporation (“City”), and Pipeline Video Inspection, L.L.C., an
Arizona limited liability company , authorized to do business in Arizona (“Contractor”), collectively, the
“Parties.”

RECITALS

A. On July 10, 2023 under (S.A.V.E Cooperative Purchasing Agreement, Mohave, etc.), the City of
Peoria, Arizona entered into a contract with Contractor to purchase the goods and services described
in the Manhole Rehabilitation Contract No. ACON18723 (“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.

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

C. 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.

D. 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:

1, Term of Agreement. The City is purchasing supplies and/or services from Contractor pursuant to
the Cooperative Purchasing Agreement. According to the Cooperative Purchasing Agreement,
purchases can be made by governmental entities from the date of award, which was July 10, 2023,
until the date the contract expires on August 31, 2025, unless the term of the Cooperative Purchasing
Agreement is extended by the mutual agreement of the original contracting parties. The Cooperative
Purchasing Agreement, however, may not be extended beyond August 31, 2028. The initial period
of this Agreement, therefore, is the period from the Effective Date of this Agreement until August
31, 2025. The City may renew the term of this Agreement for thirty-six (36) months until the
Cooperative Purchasing Agreement expires on August 31, 2028. Glendale renewals are not
automatic and shall only occur if the City gives the Contractor notice of its intent to renew. The
City may give the Contractor notice of its intent to renew this Agreement 30 days prior to the
anniversary of the Effective Date to effectuate such renewal.

1
05/10/2023

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 part 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 services purchased under this Agreement
shall not exceed six hundred thousand dollars ($600,000) annually or three million dollars
($3,000,000) for the entire term of the Agreement (initial term plus any renewals).

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

Non-discrimination. Contractor must not discriminate against any employee or applicant for
employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status, U.S. military veteran
status or any disability. Contractor will require any Sub-contractor to be bound to the same
requirements as stated within this section. Contractor, and on behalf of any subcontractors, warrants
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-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the requirements of
ARS. § 41-4401.

No Boycott of Israel. 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 ftom Israel, as that term is defined in A.R.S § 35-393.

Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and
during the term of this Agreement, will not use:

a. the forced labor of ethnic Uyghurs in the People’s Republic of China;

b. any goods or services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China; and

05/10/2023

c. any contractors, subcontractors or suppliers that use the forced labor or any goods
ot services produced by the forced labor of ethnic Uyghurs in the People’s Republic
of China.

10. 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.

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

City of Glendale

c/o Gene Haranczak, Engineering CIP Project Manager

City of Glendale Engineering Department

5850 W. Glendale Avenue, Suite 315, Glendale, Arizona 85301

And

Pipeline Video Inspection, L.L.C.
c/o Steven Hudson

6452 North 16" Avenue
Phoenix, Arizona 85021

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 Arizona Pipeline Video Inspection, L.L.C.,
municipal corporation an Arizona limited liability company

Wik 09/13/2023

By: By:
Kevin R. Phelps Name: Steven Hudson
City Manager Title: Chief Operating Officer
ATTEST:
Julie K. Bower (SEAL)
City Clerk

APPROVED AS TO FORM:

Michael D. Bailey
City Attorney

05/10/2023

05/10/2023

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
PIPELINE VIDEO INSPECTION, LLC.

EXHIBIT A
Manhole Rehabilitation Contract ACON18723
(44 pages)

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
PIPELINE VIDEO INSPECTION, LLC.

EXHIBIT B
Scope of Work
(1 page)

PROJECT

Project entails manhole and lift station assessment, rehabilitation, structural inserts, and flow managment
for locations directed by the City of Glendale. Manhole Rehabilitation work generally includes all
rehabilitation efforts for all components of the manhole (invert, flowline, channel, bench, barrel, cone,
adjustment rings, frame / cover replacements to final adjustments, etc.) as outlined in the linking
agreement.

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
PIPELINE VIDEO INSPECTION, L.L.C.

EXHIBIT C
(1 page)

METHOD AND AMOUNT OF COMPENSATION

Method of Payment and amount of compensation is provided in the City of Peoria Manhole Rehabilitation
Contract, Contract No. ACON18723 .

NOT TO EXCEED AMOUNT

The total amount of compensation paid to Contractor for full completion of all work required by the
Project must not exceed $600,000 annually or $3,000,000 for the entire term of the Agreement.

DETAILED PROJECT COMPENSATION

Compensation will be based on the fixed unit rates outlined in Exhibit B.

City of Peoria

FINANCE DEPARTMENT
MATERIALS MANAGEMENT

CONTRACT AUTHORIZATION AND SIGNATURE — COVER SHEET

(For City Use Only)
CONTRACT DETAILS
X New Contract Amendment Extension Other:
Purchasing Job Number: P23-0076 Buyer Name: Drew Ashmun

Vendor / Contractor: Southwest Environmental (SWE)

Contract Title: Manhole Rehabilitation

Description: Manhole Rehabilitation awarded through IFB

Start Date: 09.01.2023 End Date: 08.31.2025 Term Contract? No XYes_ Final Expiration: 08.31.2028

FINANCIAL DETAILS
City Department: Development and Engineering Department Rep: Gizelle Setovich
Budget Account #: CIP#: UT00307
A. This document amount: $ 0.00
B. Total of all previous executed
amounts for this contract: g 0.00
C. Total Contract Amount: $ 0.00
APPROVALS
Council Approval Required?: X No Yes: Council Date:
ROUTING SEQUENCE
Department Manager: By: Date:
Department Director: By: Adina Lund Date:
Materials Manager: By: Chisatine Sounay Date:
City Attorney: By: Michael Dynes for Date:
Risk Manager: By: Date:
City Manager: By: Date:
City Clerk: By: Gill 4. Bolte for Date:

CONTRACT NUMBER: ACON18723

CITY OF PEORIA - MANHOLE REHABILITATION - P23-0076
/\ Invitation for Bid - Form

City of Peoria, Arizona

Revised 06.08.23 Notice of Invitation for Bid

P23-0076
UT00307
Manhole Rehabilitation

Invitation for Bid No.: Bid Due Date:

Bid Due Time:

06.19.2023

Capital Project No.: 2:00 P.M. AZ Time

Materials and/or Services: Purchasing Agent: Drew Ashmun

06.19.2023 at 2:00 PM AZ
Time Pre-Register at:
https://attendee.gotowebinar.com/r
egister/1305925576048652640

Bid Opening:

Contact Phone: (623) 773-7116

Contact Email: Drew.ashmun@peoriaaz.gov

In accordance with City of Peoria Procurement Code competitive sealed bids for the material or services specified will be received by the City of Peoria Materials Management
until the date and time cited above. Bids received by the correct date and time shall be publicly opened and the bid price read. Bids sha

City of Peoria Materials Management on or prior to the exact date and time indicated above. Late bids will not be considered, except as provided in the City of Peoria
Procurement Code. Bids shall be submitted electronically via the City’s Procurement Portal (Bonfire) or in a sealed envelope to 9875 N 85” Ave (2" floor), Peoria AZ
85345 with the IFB number and the bidder’s name and address clearly indicated on the front of the envelope. Bidders are strongly encouraged to carefully read the entire
Invitation for Bid Package.

OFFER
To the City of Peoria: The undersigned hereby offers and agrees to furnish materials and/or services in compliance with all terms, conditions, specifications and amendments

in the Notice of Invitation for Bid except for any written exceptions in the offer. The signature below also certifies his or her understanding and compliance with paragraph
one of The City of Peoria Standard Terms and Conditions (COP Form 202).

602-403-1423 Fax:

For clarification of this offer contact: Telephone:
Name: Don McDowell Esiail: dmcdowell@aimscompanies.com
Southwest Environmental SLLE

Baty

Company Name

9452 N 16th Ave

Authorized Signature for Offer

Steven Hudson

Address

Phoenix AZ 85021

Printed Name

Chief Operating Officer

City State Zip

Title

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

Your offer is hereby accepted, The Contractor is now bound to sell the materials and/or services listed by the attached award notice based upon the solicitation,

including all terms conditions, speci

ations, 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:

GLA. Bolte for

Lori Dyckman, City Clerk
Ce:

Contract Number

ACON18723

City of Peoria, Arizona Effective Date:

7/11/23

Approved as to form:

Michael Dynes for

Emily Jurmu, City Attorney

Contract Awarded Date: 7/10/23

City Seal

Copyright 2003 City of Peoria, Arizona

Official File

Christine Finney, Materials Manager

Confidential & Proprietary

Page 2 of 6

City of Peoria, Arizona

Instructions to Bidders

1. PREPARATION OF BID:

a. All bids shall be submitted on the forms provided in this /nvitation to Bid package. It is permissible to copy these forms if required. Telegraphic
(facsimile), electronic or mailgram bids will not be considered.

b. The Offer and Contract Award document shall be submitted with an original ink or digital signature by a person authorized to sign the offer.
c.  Erasures, interlineations, or other modifications in the bid shall be initialed in original ink by the authorized person signing the Offer.

d, If price is a consideration and in case of error in the extension of prices in the bid, the unit price shall govern. No bid shall be altered, amended, or
withdrawn after the specified bid due date and time.

e. Periods of time, stated as a number of days, shall be calendar days.
f. Bid due date and time is stated as local Arizona time.

g. _ It is the responsibility of all Offerors to examine the entire /nvitation For Bid package and seek clarification of any item or requirement that may not be
clear and to check all responses for accuracy before submitting a bid. Negligence in preparing a Bid confers no right of withdrawal after bid due date
and time.

2. INQUIRIES: Any question related to the /nvitation For Bid shall be directed to the Buyer whose name appears as the contact on the IFB. The Offeror shall
not contact or ask questions of the department for which the requirement is being procured. Questions should be submitted in writing when time permits.
The Buyer may require any and all questions be submitted in Writing at the Buyer’s sole discretion. Any correspondence related to an /nvitation For Bid
should refer to the appropriate Invitation For Bid number, page, and paragraph number. Offeror shall identify the envelope as containing questions since
such an envelope may be identified as a sealed bid and may not be opened until after the official /nvitation For Bid due date and time.

3. PROSPECTIVE OFFERORS CONFERENCE: A prospective offerors conference may be held. If scheduled, the date and time of this conference will
be indicated on the cover page of this document. The purpose of this conference will be to clarify the contents of this /nvitation For Bid in order to prevent
any misunderstanding of the City’s position. Any doubt as to the requirements of this /nvitation For Bid or any apparent omission or discrepancy should be
presented to the City at this conference. The City will then determine if any action is necessary and may issue a written amendment to the Invitation For Bid.
Oral statements or instructions will not constitute an amendment to this /nvitation For Bid.

4. LATE BIDS: Late Bids will not be considered, except as provided by the City of Peoria Procurement Code. A vendor submitting a late bid shall be so
notified.

5. WITHDRAWAL OF BID: At any time prior to the specified bid due date and time, a Vendor (or designated representative) may withdraw the bid.

6. AMENDMENT OF BID: Receipt ofa Solicitation Amendment shall be acknowledged by signing and returning the document with the offer at the specified
bid due date and time.

7. PAYMENT: The City will make every effort to process payment for the purchase of construction services within fourteen (14) calendar days after an
approved pay request is received with a correct notice of amount due, unless a good faith dispute exists as to any obligation to pay all or a portion of the
account.

8. VENDOR REGISTRATION: After the award of a contract, the successful Vendor shall complete a Vendor Registration Application and submit it to the
City of Peoria Materials Management Division.

9. AWARD OF CONTRACT:

a. Unless the Offeror states otherwise, or unless provided within this /nvitation For Bid, the City reserves the right to award by individual line item, by
group of line items, or as a total, whichever is determined by the Materials Manager to be most advantageous to the City.

b. Notwithstanding any other provision of this /nvitation For Bid, The City expressly reserves the right to:
Waive any immaterial defect or informality: or

Reject any or all bids, or ppantioats thereof, or
Reissue a Jnvitation For Bid.

c. A response to a Invitation For Bid is an offer to contract with the City based upon the terms, conditions and specifications contained in the City’s
Invitation For Bid and the written amendments thereto, if any. Bids do not become contracts unless and until they are accepted and executed by the
City Council or Materials Manager. A contract is formed when written notice of award(s rovided to the successful Offeror(s). The contract has
its inception in the award document, eliminating a formal signing of a separate contract. For that reason, all of the terms and conditions of the
procurement contract are contained in the Invitation For Bid; unless modified by an Amendment.

Rev(9/1/2022)CF Page 2 of 41

Materials Management
Procurement

STANDARD 9875 N. 85" Ave., 2" Fl.
TERMS AND CONDITIONS Peoria, Arizona 85345-6560

Phone: (623) 773-7115
Fax: (623) 773-7118

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 Peoria 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.

Contractor specifically understands and acknowledges the applicability to it of the Americans with Disabilities Act, including
Section 508, the Immigration Reform and Control Act of 1986, and the Drug Free Workplace Act of 1989. In addition, if this
agreement pertains to construction, Contractor must also comply with A.R.S. § 34-301, as amended (Employment of Aliens
on Public Works Prohibited) and A.R.S. § 34-302, as amended (Residence Requirements for Employees).

Under the provisions of A.R.S. § 41-4401, Contractor hereby warrants to the City that Contractor and each of its subcontractors
(“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal immigration laws and
regulations that relate to their employees and A.R.S. § 23-214(A) (hereinafter, “Contractor Immigration Warranty”).

A breach of the Contractor Immigration Warranty shall constitute a material breach of this agreement and shall subject
Contractor to penalties up to and including termination of this agreement at the sole discretion of the City. The City may, at
its sole discretion, conduct random verification of the employment records of Contractor and any Subcontractors to ensure
compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random
verifications performed.

Neither Contractor nor any Subcontractor shall be deemed to have materially breached the Contractor Immigration Warranty
if Contractor or the Subcontractor establishes that it has complied with the employment verification provisions prescribed by
§§ 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. §23-
214(A).

The provisions of this Paragraph must be included in any contract Contractor enters into with any Subcontractors who provide
services under this agreement or any subcontract. “Services” is defined as furnishing labor, time or effort in the State of
Arizona by a contractor or subcontractor. Services include construction or maintenance of any structure, building or
transportation facility or improvement to real property.

Rev(9/1/2022)CF Page 3 of 41

Materials Management
Procurement

STANDARD 9875 N. 85" Ave., 2" Fl.
TERMS AND CONDITIONS Peoria, Arizona 85345-6560

Phone: (623) 773-7115
Fax: (623) 773-7118

Contractor warrants, for the term of this agreement and for six months thereafter, that it has fully complied with the
requirements of the Immigration Reform and Control Act of 1986 and all related or similar legal authorities.

This contract shall be governed by the 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 and suit 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.

To the extent applicable, Contractor certifies to City that it is not currently engaged in and agrees for the duration of the
contract not to engage in a boycott of Israel as defined in the provisions of ARS § 35-393.

Pursuant to the provisions of ARS §35-394, Contractor certifies that it will not use, during the term of the Agreement, i) the
forced labor of ethnic Uyghurs in the People’s Republic of China, ii) any goods or services produced by the forced labor of
ethnic Uyghurs in the People’s Republic of China, or iii) any contractors, subcontractors, or suppliers that use forced labor or
any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. To the extent that
Contractor discovers an issue for its goods or services provided to the City which is in contravention of the certification above,
it will notify the City as soon as practicable and take corrective actions in order to remain consistent with its certification.

LEGAL REMEDIES: All claims and controversies shall be subject to resolution according to the terms of the City of Peoria
Procurement Code.

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.

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.

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.

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.

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.

RELATIONSHIP TO PARTIES: It is clearly understood that each party will act in its individual capacity and not as an
agent, employee, partner, joint venturer, 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.

Rev(9/1/2022)CF Page 4 of 41

Materials Management
Procurement

STANDARD 9875 N. 85" Ave., 2" Fl.
TERMS AND CONDITIONS Peoria, Arizona 85345-6560

Phone: (623) 773-7115
Fax: (623) 773-7118

11. 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. NO DELEGATION OR ASSIGNMENT: Contractor shall not delegate any duty under this Contract, and no right or interest
in this Contract shall be assigned by Contractor to any successor entity or third party, including but not limited to an affiliated
successor or purchaser of Contractor or its assets, without prior written permission of the City. The City, at its option, may
cancel this Contract in the event Contractor undertakes a delegation or assignment without first obtaining the City’s written
approval. Contractor agrees and acknowledges that it would not be unreasonable for the City to decline to approve a delegation
or assignment that results in a material change to the services provided under this Contract or an increased cost to the City.

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 indemnify and hold harmless the City,
and its officers and employees, from liabilities, damages, losses and costs, including reasonable attorney fees and court costs,
but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of the Contractor in the
performance of the contract. 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.

Rev(9/1/2022)CF Page 5 of 41

Materials Management
Procurement

STANDARD 9875 N. 85" Ave., 2" Fl.
TERMS AND CONDITIONS Peoria, Arizona 85345-6560

Phone: (623) 773-7115
Fax: (623) 773-7118

16.

19.

20.

21,

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.

. 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; acts of terror,
hate crimes affecting public order; riots; strikes; mobilization; labor disputes; civil disorders; fire; floods; lockouts,
injunctions-intervention-acts, or failures or refusals to act by government authority; events or obstacles resulting from a
governmental authority’s response to the foregoing; 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 shall 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 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. This right to audit also empowers the City to inspect the papers of
any Contractor or Subcontractor employee who works on this contract to ensure that the Contractor or Subcontractor is
complying with the Contractor Immigration Warranty made pursuant to Paragraph 3 above..

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:

a, Waive the non-conformance.

Rev(9/1/2022)CF Page 6 of 41

Materials Management
Procurement

STANDARD 9875 N. 85" Ave., 2" Fl.
TERMS AND CONDITIONS Peoria, Arizona 85345-6560

Phone: (623) 773-7115
Fax: (623) 773-7118

22.

23.

24.

25.

26.

27.

28.

29.

30.

31,

32.

33:

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 risk 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. Ifa 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 of lot of this Contract 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.

LIENS: 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 bid submittal, and shall maintain in current status, all 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 bid 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 bid 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 BID/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: All 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. However, subsequent to the award of the contract, any information and documents obtained by the City
during the course of an audit conducted in accordance with Paragraph 20 above for the purpose of determining compliance by
Contractor or a Subcontractor with the Contractor Immigration Warranty mandated by Paragraph 3 above shall remain
confidential and shall not be made available for public review or produced in response to a public records request, unless the
City is ordered or otherwise directed to do so by a court of competent jurisdiction.

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

Rev(9/1/2022)CF Page 7 of 41

Materials Management
Procurement

STANDARD 9875 N. 85" Ave., 2" Fl.
TERMS AND CONDITIONS Peoria, Arizona 85345-6560

Phone: (623) 773-7115
Fax: (623) 773-7118

34,

35.

36.

ST.

FUNDING: Any contract entered into by the City of Peoria is subject to funding availability. Fiscal years for the City of
Peoria 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.

PROHIBITED LOBBYING ACTIVITIES: The Offeror, his/her agent or representative shall not contact, orally or in any
written form any City elected official or any City employee other than the Materials Management Division, the procuring
department, City Manager, Deputy City Manager or City Attorney’s office (for legal issues only) regarding the contents of
this solicitation or the solicitation process commencing from receipt of a copy of this request for proposals and ending upon
submission of a staff report for placement on a City Council agenda. The Materials Manager shall disqualify an Offeror’s
proposal for violation of this provision. This provision shall not prohibit an Offeror from petitioning an elected official after
submission of a staff report for placement on a City Council agenda or engaging in any other protected first amendment activity
after submission of a staff report for placement on a City Council agenda.

PROHIBITED POLITICAL CONTRIBUTIONS: Consultant during the term of this Agreement shall not make a
contribution reportable under Title 16, Chapter 6, Article 1, Arizona Revised Statutes to a candidate or candidate committee
for any city elective office during the term of this Agreement. The City reserves the right to terminate the Agreement without
penalty for any violation of this provision.

Rev(9/1/2022)CF Page 8 of 41

Materials Management
Procurement

GENERAL 9875 N. 85" Ave., 2" Fl.
TERMS AND CONDITIONS Peoria, Arizona 85345-6560

Phone: (623) 773-7115
Fax: (623) 773-7118

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 Peoria, 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 Invitation to Bid Notice, Instructions to Bidders, Bid, Bid Bond,
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, Contractor’s Affidavit Certifying Non-
Collusion in Bidding, Standard Terms & Conditions, General Terms & Conditions, Special Terms & Conditions, Technical
Provisions, Performance Provisions, 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 “Work” 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.

2. REFERENCE STANDARDS:

Ss

2.1. 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.

2.2. 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.

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

2.3. If any contradiction exists between “MAG Specifications” and this solicitation document, the solicitation language shall
prevail.

LAWS AND REGULATIONS: The Contractor shall keep himself 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 shall at all times observe and protect and indemnify the City of Peoria, 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 Peoria, Maricopa County, Arizona, without the consent of the owner.

The Contractor, at his own expense, is responsible for the acquisition of any additional easements or rights-of-way that he
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

Rev(9/1/2022)CF Page 9 of 41

Materials Management
Procurement

GENERAL 9875 N. 85" Ave., 2" Fl.
TERMS AND CONDITIONS Peoria, Arizona 85345-6560

Phone: (623) 773-7115
Fax: (623) 773-7118

classes of work to be done and the material to be furnished under this Contract, which have been estimated as stated in the
Bids, are only approximate and are to be used solely for the purpose of comparing, on a consistent basis, the bids offered for
the work under this Contract. The Contractor further agrees that the City of Peoria 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 shall 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 from any of the obligations or liabilities hereunder, or entitle him to any damage or
compensation except as may be provided in this contract.

6. 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 bid to accommodate for required federal
record keeping and necessary pay structures. The Contractor should contact the City of Peoria regarding any applicable Davis
Bacon wage rates.

7. 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. The City will accept
Securities in lieu of retention provided the Financial Institution is approved by the City. When required by the City Engineer
or his 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 authorized representative, of the sums paid by the
Contractor for materials, supplies and other items of expense (i.e., lien releases).

8. 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 own cost and expense.

9. 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 shall be responsible for assuring the legal working status of its employees and it’s subContractor’s employees.

10. 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 own
choosing, provided they follow best general practice and are calculated to secure results which will satisfy the requirements
of the specifications and the supervision of the work.

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 shall conduct his
construction operations in such a manner as to avoid injury to his personnel and to avoid damage to all utilities. Any damage
done will be repaired without delay and at the expense of the Contractor.

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

Rev(9/1/2022)CF Page 10 of 41

Materials Management
Procurement

GENERAL 9875 N. 85" Ave., 2" Fl.
TERMS AND CONDITIONS Peoria, Arizona 85345-6560

Phone: (623) 773-7115
Fax: (623) 773-7118

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:

11.1. Names and emergency telephone numbers of key personnel involved in the project.
11.2. Names and telephone numbers of all subcontractors proposed for use on the project.
11.3. A construction progress schedule showing the estimated time for start and completion of the major items of work.

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

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

11.6. 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.

12. 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 Peoria’s project manager or engineer at least seventy-two (72) hours before the
following events:

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

12.3, 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 anytime.

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

12.5. 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 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

Rev(9/1/2022)CF Page 11 of 41

Materials Management
Procurement

GENERAL 9875 N. 85" Ave., 2" Fl.
TERMS AND CONDITIONS Peoria, Arizona 85345-6560

Phone: (623) 773-7115
Fax: (623) 773-7118

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 motorists, pedestrians, bicyclists and workers are protected from hazard and accidents.

13.1.

13.2.

13:3:

13.4.

13.5.

13.6.

137:

13.8.

13.9.

13.10.

13:11.

13.12.

13:13:

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.

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.

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.

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.

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 contract agreed upon allowance price for TRAFFIC
CONTROL.

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.

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 email at offduty@peoriaaz.gov.

The Police Department shall determine if traffic hazards at construction projects warrant the use of Police Assistants
or AZ Post Certified Peace Officers to provide traffic control services. 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.

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

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.

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

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.

Caution should be used when excavating near intersections with traffic signal underground cable. Notify the City

Rev(9/1/2022)CF

Page 12 of 41