2024C007-24008-JOC CONTRACT RUMMEL - EARTHWORK SIGNED.PDF

JOB ORDER CONTRACT

BETWEEN
FLOOD CONTROL DISTRICT of MARICOPA COUNTY
AND
RUMMEL CONSTRUCTION, INC.
FOR
EARTHWORK SERVICES AND DEBRIS REMOVAL
FCD CONTRACT NO.
Serial # 240008

AGENDA NO. C-69-24-067-X-00

FLOOD CONTROL DISTRICT of MARICOPA COUNTY
CONTRACT NO. 2024C005
TABLE OF CONTENTS

ARTICLE I - EARTHWORK SERVICES AND DEBRIS REMOVAL.......+:: 3
ARTICLE II - CONTRACT DOCUMENTS. ocessecereeeeeeeeeneieenenninenenien 3
ARTICLE IIT - TIME OF COMPLETION... cc ninnncnouasseeneneii 3
ARTICLE IV - WORK ASSIGNMENTS AND PERIOD OF SERVICE........ 4
ARTICLE V - PAYMENTS .. unt nnn onium neoimeceie 4

ARTICLE VI -TERMINATION uw. seen nennenennniinn 4

ARTICLE VII - NEGOTIATION CLAUSE ....cctctsssenseesreseennennonnnenenn 5
ARTICLE VIII - COMPLIANCE WITH LAWS. ....cssetcsstseenennensseeeencen 5
ARTICLE IX — INFLUENCE... na nero ino 6
ARTICLE X - DEBARMENT AND SUSPENSION .......:csssccssessseeesersneeans 6
ARTICLE XI - SBE PROGRAM .. ersten nenneeceeenooiinooiinnniane 7
ARTICLE XII - ANTI-DISCRIMINATION PROVISIONS ....:ssssesercereress 7
ARTICLE XIII — INDEMNIFICATION .....c::ceceteerereeenneeneenees 7
ARTICLE XIV - INSURANCE REQUIREMENTS. .icccstescseesesssenesenereeeee 7
SIGNATURE PAGE ....... enti nnniicinnnnnnnnniii nnn uu noua 10
STATUTORY PAYMENT BOND... ei eeniiiiiiininin 11

STATUTORY PERFORMANCE BOND
CERTIFICATE OF INSURANCE

NO COLLUSION AFFIDAVIT ......c cnc cei

VERIFICATION OF LICENSE... ....t ence 15
AFFIDAVIT OF COMPLIANCE ...tiit neni 16
SBE PARTICIPATION REPORTING FORM ......:ce tenon 17

’ CERTIFICATE OF PERFORMANCE AND PAYMENT OF ALL CLAIMS.. 18
ON CALL CONSTRUCTION PAYMENT REQUEST ......:c:etennen eine 19

EXHIBIT A — EARTHWORK SERVICES AND DEBRIS REMOVAL
EXHIBIT B — FEE SCHEDULE

Contract No. 2024C005 Page 2 of 22

CONTRACT NO, 2024C005
Job Order Contract for Earthwork Services and Debris Removal

The Flood Control District of Maricopa County, hereinafter called the DISTRICT, is
desirous of having Job Order Contract for EARTHWORK SERVICES AND DEBRIS REMOVAL
performed when requested by the District through a specific Work Assignment for those
services more fully described in Exhibit A, General Earthwork Services and Debris
Removal, and Exhibit B, Unit Price List; and Rummel Construction, Inc. hereinafter
called “CONTRACTOR”, with its principal offices located at 7520 E. Adobe Dr.,
Scottsdale AZ 85255 & (480) 222-9922 is desirous of performing said services;

THIS AGREEMENT, made and entered into this 24° day of _APeL
20 84 _, by and between the District acting by and through its BOARD OF DIRECTORS,
and CONTRACTOR.

WITNESSETH: The contract term will be for a period of five (5) consecutive year(s).
The overall construction cost shall not exceed five million dollars ($5,000,000.00)
per contract year, maximum $2,000,000 limit per individual project task order
and no splitting work assignments. Furthermore, the total possible not-to-exceed
fee earned for the entire contract duration is twenty-five Million Dollars and no cents
(25,000,000.00). Complete and satisfactory performance of work under this contract in
accordance with the Earthwork Services and Debris Removal and the detailed Scope(s) of
Work in the manner and at the times hereinafter provided, and of the other covenants
and agreements herein contained, hereby agrees for himself, heirs, executors,
administrators, successors, and assigns as follows:

ARTICLE I - EARTHWORK SERVICES AND DEBRIS REMOVAL: The
CONTRACTOR, under the general supervision of the District Director, shall perform
Earthwork Services and Debris Removal as are necessary for the Work Assignment and
according to the directions and designated standards of the COUNTY, and in accordance
with Exhibit A, General Earthwork Services and Debris Removal. It is understood and
agreed that the COUNTY’s authorized representative shall be the District Director or
his/her duly authorized representative, hereinafter called the “Agent”. For purposes of this
contract, the Agent's duly authorized representative shall be the Project Manager and
he/she shall be the sole contact for administering this contract.

CONTRACTOR shall provide services, and complete in a workmanlike and substantial
manner and to the satisfaction of the District Director, project Earthwork Services and
Debris Removal assignments for the District and furnish at its own cost and expense all
necessary machinery, equipment, tools, apparatus, and labor to complete the work in the
most substantial and workmanlike manner according to the Specifications and Work
Assignment on file with the District, and such modifications of the same and other
directions that may be made by the District as provided herein. The CONTRACTOR shall
meet periodically with the District Agent so as to keep the District informed of the
progress of the work in accordance with each work assignment.

ARTICLE II - CONTRACT DOCUMENTS: The Contract Documents (Plans,
Specifications, Addenda, if any, Affidavits, Performance Bond, Payment Bond, Certificates
of Insurance, and Change Orders, if any) are by this reference made a part of this
rontract and shall have the same effect as though all of the same were fully inserted

erein,

ARTICLE III - TIME OF COMPLETION: CONTRACTOR further covenants and
agrees at its own proper cost and expense, to complete all work for the construction of
assigned Earthwork Services and Debris Removal and to completely construct the same
and provide the services therein, as called for by this agreement free and clear of all

Contract No. 2024C005 Page 3 of 22

claims, liens, and charges whatsoever, in the manner and under the conditions specified
within the time, or times, stated in the Work Assignment.

ARTICLE IV - WORK ASSIGNMENTS AND PERIOD OF SERVICE:
Within the guidelines set forth in Exhibit A, General Surface Treatment and Installation
Services, a detailed Surface Treatment and Installation Services will be developed for
each Work Assignment and incorporated herein by reference, and if applicable, a Small
Business Enterprise goal will be established. A not-to-exceed fee will be negotiated for
each Work Assignment consistent with Exhibit B, Unit Price List.

The CONTRACTOR shall complete all work in accordance with the provisions of Exhibit
A, General Surface Treatment and Installation Services and the detailed Surface
Treatment and Installation Services as negotiated for each specific Work Assignment.
Performance for a Work Assignment shall commence only upon receipt of the Agent's
written notice to proceed. Work Assignments 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 Work Assignment.

This contract shall be effective for a period of five (5) years from the Board award date
with no annual renewals.

ARTICLE V — PAYMENTS: For and in consideration of the satisfactory
performance of the work herein embraced as set forth in the Contract Documents,
which are a part hereof, and in accordance with the directions of the DISTRICT,
through its Engineer and to its satisfaction, the DISTRICT agrees to pay the said
CONTRACTOR the amount earned, computed from actual quantities of work
performed and accepted, or materials furnished at the price listed on the Work
Assignment Proposal made a part hereof, and to make such payment in accordance
with the requirements of A.R.S. Sec. 34-607, as amended. CONTRACTOR agrees to
discharge its obligations and make payments to its subcontractors and suppliers in
accordance with A.R.S. Sec. 34-607.

The DISTRICT does not guarantee any minimum or maximum fee during the period
of this contract, and Contractor, in accepting this contract, does not anticipate any
minimum or maximum fee. Market escalations in material costs may be reviewed by
DISTRICT upon written request from Contractor at annual anniversary date of contract.

The DISTRICT shall pay the CONTRACTOR in full for each Work Assignment upon
satisfactory completion and acceptance by the DISTRICT, provided the Contractor
returns the executed Certificate of Performance furnished by the Agent. Should an
assignment require more than thirty (30) days to complete, the Contractor may invoice
progress payments based on DISTRICT approved monthly progress reports and
subject to the limitations set forth in the Earthwork Services and Debris Removal
negotiated for each Work Assignment.

Upon completion of each Work Assignment under this contract, the CONTRACTOR will
furnish to the DISTRICT an executed Certificate of Performance. The Certificate of
Performance must be notarized.

Contract No. 2024C005 Page 4 of 22

ARTICLE VI - TERMINATION: The COUNTY hereby gives notice that pursuant
to A.R.S. Sec. 38-511 A, this contract may be canceled without penalty or further
obligation within three years after execution if any person significantly involved in
initiation, negotiation, securing, drafting or creating the contract on behalf of the
DISTRICT is, at any time while the contract or any extension of the contract is in effect,
an employee or agent of any other party to the contract in any capacity or a Contractor to
any other party of the contract with respect to the subject matter of the contract.
Cancellation under this section shall be effective when written notice from the
Transportation Director of the DISTRICT is received by all of the parties to the contract.
In addition, the DISTRICT may recoup any fee or commission paid or due to any person
significantly involved in initiation, negotiation, securing, drafting or creating the contract
on behalf of the DISTRICT from any other party to the contract arising as a result of the
contract.

ARTICLE VII - NEGOTIATION CLAUSE: Recovery of damages related to
expenses incurred by CONTRACTOR for a delay for which the DISTRICT is responsible,
which is unreasonable under the circumstances and which was not within the
contemplation of the parties to the contract, shall be negotiated between CONTRACTOR
and the DISTRICT. This provision shall be construed so as to give full effect to any
provision in the contract, which requires notice of delays, provides for arbitration or other
procedure for settlement or provides for liquidated damages.

ARTICLE VIII - COMPLIANCE WITH LAWS: CONTRACTOR is required to
comply with all Federal, State and local ordinances and regulations. CONTRACTOR'S
signature on this contract certifies compliance with the provisions of the I-9 requirements
of the Immigration Reform Control Act of 1986 for all personnel that CONTRACTOR and
any subcontractors employ to complete this project. It is understood that the DISTRICT
shall conduct itself in accordance with the provisions of the Maricopa County Procurement
Code.

The CONTRACTOR warrants that it is in compliance with A.R.S. §41-4401 and further
acknowledges:

(1) That the CONTRACTOR and its sub-contractors, if any, warrant their
compliance with all federal immigration laws and regulations that relate to their
employees and their compliance with A.R.S. §23-214, subsection A;

(2) That a breach of a warranty under subsection 1 above, shall be deemed a
material breach of the contract that is subject to penalties up to and including
termination of the contracts;

(3) That the contracting government entity retains the legal right to inspect the
papers of any CONTRACTOR or sub-contractor employee who works on the
contract to ensure that the CONTRACTOR or sub-contractor is complying with
the warranty provided under subsection 1 above and that the CONTRACTOR
agrees to make all papers and employment records of said employee(s)
available during normal working hours in order to facilitate such an inspection.

Contract No. 2024C005 Page 5 of 22

(4) That nothing herein shall make any CONTRACTOR or sub-contractor an
agent or employee of the contracting government entity.

ARTICLE IX — INFLUENCE: - As prescribed in Article 12, of the Maricopa County
Procurement Code, any effort to influence an employee or agent to breach the Maricopa
County Ethical Code of Conduct or any unethical conduct, may be grounds for Disbarment
or Suspension under Article 9 of the Maricopa County Procurement Code.

An attempt to influence includes, but is not limited to:

A Person offering or providing a gratuity, gift, tip, present, donation, money,
entertainment or educational passes or tickets, or any type valuable contribution or
subsidy, that is offered or given with the intent to influence a decision, obtain a contract,
garner favorable treatment, or gain favorable consideration of any kind.

If a Person attempts to influence any employee or agent of Maricopa County, the Chief
Procurement Officer, or his designee, reserves the right to seek any remedy provided by
the Maricopa County Procurement Code, any remedy in equity or in the law, or any
remedy provided by this contract.

ABSOLUTELY NO CONTACT BETWEEN THE RESPONDENT AND ANY COUNTY
PERSONNEL, OTHER THAN THE OFFICE OF PROCUREMENT SERVICES, IS ALLOWED
DURING THE SOLICITATION PROCESS UNLESS THE COMMUNICATION IS IN REGARDS
TO PRE-EXISTING BUSINESS WITH THE COUNTY. ANY COMMUNICATIONS REGARDING
THE SOLICITATION, ITS PARTICIPANTS OR ANY DOCUMENTATION PRIOR TO THE
CONTRACT AWARD MAY BE GROUNDS FOR DISMISSAL OF THE RESPONDENT FROM
THE EVALUATION PROCESS.

ARTICLE X-CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
The undersigned (authorized official signing for the contractor/bidder) certifies to the best
of his or her knowledge and belief, that the contractor/bidder, and its principals:

1) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal Department or
agency;

2) Have not within 3-year period preceding this solicitation/contract been convicted of
or had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State or local) transaction or contract under a public transaction; violation of
Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen

property;

Contract No. 2024C005 Page 6 of 22

3) Are not presently indicted or otherwise criminally or civilly charged by a
government entity (Federal, State or local) with commission of any of the offenses
enumerated in this paragraph of this certification; and

4) Have not within a 3-year period preceding this solicitation and/or agreement had
one or more public transactions (Federal, State or local) terminated for cause of default.

Should the contractor/bidder not be able to provide this certification, a comprehensive
explanation as to why should be attached to its bid.

The contractor/bidder agrees to include, without modification, this clause in all lower tier
covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower
tier covered transactions related to this contract.

ARTICLE XI - SBE PROGRAM: _ It is Maricopa County's policy to endeavor to
ensure in every way possible that small business participation firms shall have the
opportunity to provide professional services, materials, and contractual services to the
County in a nondiscriminatory manner.

ARTICLE XII - ANTI-DISCRIMINATION PROVISION: CONTRACTOR agrees
not to discriminate against any employee or applicant for employment because of race,
age, color, religion, sex, disability, or national origin, and further agrees not to engage in
any unlawful employment practices. CONTRACTOR further agrees to insert the
foregoing provision in all subcontracts hereunder.

FORCED LABOR

By submitting a bid for this solicitation and/or entering into a contract as a result of this
solicitation, contractor agrees to comply with all applicable portions of Arizona Revised
Statutes Section 35-394. Contracting; procurement; prohibition; written certification;
remedy; termination; exception; definitions. Contractor certifies that it does not currently,
and agrees for the duration of the contract, that it will not use:

The forced labor of ethnic Uyghurs in the People’s Republic of China.
Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s

Republic of China.

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

If contractor becomes aware during the term of the agreement that contractor is not in
compliance with this paragraph, the contractor shall notify the County within five business
days after becoming aware of the noncompliance. If the contractor fails to provide a
written certification to the County that the contractor has remedied the noncompliance
within 180 days after notifying the County of its noncompliance, then the agreement
terminates, except that if the agreement termination date occurs before the end the 180
day period, the agreement terminates on the agreement termination date.

Contract No. 2024C005 Page 7 of 22

ARTICLE XIII - INDEMNIFICATION: To the fullest extent permitted by
law, CONTRACTOR shall defend, indemnify, and hold harmless DISTRICT,
MARICOPA COUNTY and its agents, representatives, officers, directors, officials, and
employees from and against all claims, damages, losses and expenses, including, but
not limited to, attorney fees, court costs, expert witness fees, and the cost of appellate
proceedings, relating to, arising out of, or alleged to have resulted from the negligent
acts, errors, omissions or mistakes relating to the performance of this Contract.
CONTRACTOR'S duty to defend, indemnify and hold harmless DISTRICT, MARICOPA
COUNTY and its agents, representatives, officers, directors, officials, and employees
shall arise in connection with any claim, damage, loss or expense that is attributable to
bodily injury, sickness, disease, death, or injury to, impairment, or destruction of
property, including loss of use resulting there from, caused by any negligent acts,
errors, omissions or mistakes in the performance of this Contract including any person
for whose acts, errors, omissions or mistakes CONTRACTOR may be legally liable.

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

The scope of this indemnification does not extend to the sole negligence of COUNTY.

ARTICLE XIV - INSURANCE REQUIREMENTS: CONTRACTOR, at
CONTRACTOR'S own expense, shall purchase and maintain the herein stipulated
minimum insurance from a company or companies duly licensed by the State of Arizona
and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of Arizona
licensing, the stipulated insurance may be purchased from a company or companies,
which are authorized to do business in the State of Arizona, provided that said
insurance companies meet the approval of DISTRICT. The form of any insurance
policies and forms must be acceptable to DISTRICT.

All insurance required herein shall be maintained in full force and effect until all work or
service required to be performed under the terms of the Contract is satisfactorily
completed and formally accepted. Failure to do so may, at the sole discretion of
DISTRICT, constitute a material breach of this Contract.

CONTRACTOR'S insurance shall be primary insurance as respects DISTRICT and any
insurance or self-insurance maintained by DISTRICT shall not contribute to it.

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

The insurance policies may provide coverage that contains deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall not be applicable with
respect to the coverage provided to DISTRICT under such policies. CONTRACTOR
shall be solely responsible for the deductible and/or self-insured retention and
DISTRICT, at its option, may require CONTRACTOR to secure payment of such

Contract No. 2024C005 Page 8 of 22

deductibles or self-insured retentions by a surety bond or an irrevocable and
unconditional letter of credit.

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

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

The policies required hereunder, except Workers’ Compensation, and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against
DISTRICT, its agents, representatives, officers, directors, officials and employees for
any claims arising out of CONTRACTOR’S work or service.

CONTRACTOR is required to procure and maintain the following coverages indicated
by a checkmark:

Commercial General Liability

Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000
Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit.
The policy shall include coverage for bodily injury, broad form property damage,
personal injury, products and completed operations and blanket contractual coverage,
and shall not contain any provision which would serve to limit third party action over
claims. There shall be no endorsement or modification of the CGL limiting the scope of
coverage for liability arising from explosion, collapse, or underground property damage.

Automobile Liability

Commercial/Business Automobile Liability insurance and, if necessary, Commercial
Umbrella insurance with a combined single limit for bodily injury and property damage
of not less than $2,000,000 each occurrence with respect to any of the
CONTRACTOR'S owned, hired, and non-owned vehicles assigned to or used in
performance of the CONTRACTOR’S work or services, under this Contract.

Workers’ Compensation

Workers’ Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of CONTRACTOR'S employees engaged in the performance
of the work or services under this Contract; and Employer's Liability insurance of not
less than $1,000,000 for each accident, $1,000,000 disease for each employee, and
$1,000,000 disease policy limit.

Contract No. 2024C005 Page 9 of 22

CONTRACTOR waives all rights against DISTRICT and its agents, officers, directors
and employees for recovery of damages to the extent these damages are covered by
the Workers’ Compensation and Employer’s Liability or commercial umbrella liability
insurance obtained by CONTRACTOR pursuant to this agreement.

CERTIFICATES OF INSURANCE

Prior: to commencing work or services under this Contract, CONTRACTOR shall furnish
DISTRICT with Certificates of Insurance in a form acceptable to DISTRICT, or formal
endorsements as required by the Contract in the form provided by the County, issued
by CONTRACTOR’S insurer(s), as evidence that policies providing the required
coverages, conditions and limits required by this Contract are in full force and effect.
Such certificates shall identify this contract number and title.

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

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

CANCELLATION AND EXPIRATION NOTICE
Insurance required herein shall not expire, be canceled, or materially changed without
thirty (30) days prior written notice to DISTRICT.

(END OF SECTION)

Contract No. 2024C005 Page 10 of 22

CRA OlOT-K-OO

DocuSign Envelope ID: B5EE788A-D6B9-4 1 BD-A4C6-239E4D7F4140

IN WITNESS WHEREOF: Five (5) identical counterparts of this Contract, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
parties hereinabove named, on the date and year first above written.

Rummel Construction, Inc.

By: Clint Amator |
Printed Name |
i

oo <i a

Signature

Title: _ JOC Manager

86-0826768
Tax Identification Number

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED BY: ACCEPTED AND APPROVED:
DocuSigned by:
[ut Vogel 4/5/2024
7AB31702861140A...
Chief Engineer and General Manager Date Chairman, Board of Directors Date
ATTEST:
Clerk of the Board Date
LEGAL REVIEW

Approved as to form and within the powers
and authority granted under the laws of the
State of Arizona to the Flood Control
DISTRICT of Maricopa County.

DocuSigned by:

Waywr Puce 4/5/2024

FLOOD CONTROL DISTRICT GENERAL COUNCIL Date

Contract No. 2024C005 Page 11 of 22

STATUTORY PAYMENT BOND
PURSUANT TO TITLE 34 CHAPTER 6, ARTICLE 1, OF THE ARIZONA REVISED
Sount) (Penalty of this bond must be 100% of the Work Assignment
amount

KNOW ALL MEN BY THESE PRESENTS:

That, (hereinafter called
the Principal), As Principal, and a
corporation organized and existing under the laws of the State of ;

with its principal office in the City of (hereinafter called
the Surety), as Surety, are held and firmly bound unto Maricopa County (hereinafter called
the Obligee), in the amount of ($ ) themselves, and

their heirs, administrators, executors, successors and assigns, jointly and severally, firmly
by these presents.

WHEREAS, the Principal has entered into a certain written contract with the
Obligee, dated the day of ,20__, for 2024C005, Job Order
Contract for, Work Assignment No. , which contract is hereby referred to and
made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal promptly pays all monies due to all persons supplying labor or materials to
the Principal or the Principal's subcontractors in the prosecution of the work provided
for in the contract, this obligation is void. Otherwise it remains in full force and effect.

PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of
Title 34, Chapter 6, Article 1, of the Arizona Revised Statutes, and all liabilities on this
bond shall be determined in accordance with the provisions, conditions and limitations
of Title 34, Chapter 6, Article 1, Arizona Revised Statutes, to the same extent as if it
was copied at length in this Agreement.

The prevailing party in a suit on this bond shall recover as a part of the judgment
reasonable attorney's fees that may be fixed by the court or a judge thereof.

Witness our hands this day of , 20

PRINCIPAL SEAL
BY:

AGENT OF RECORD, STATE OF AZ

AGENT ADDRESS SURETY SEAL
BOND NUMBER: BY:

Contract No. 2024C005 Page 12 of 22

STATUTORY PERFORMANCE BOND
PURSUANT TO TITLE 34 CHAPTER 6, ARTICLE 1, OF THE ARIZONA REVISED
Snount)> (Penalty of this bond must be 100% of the Work Assignment
amount

KNOW ALL MEN BY THESE PRESENTS:

That, (hereinafter called
the Principal), as Principal, and a corporation
organized and existing under the laws of the State of , with its principal
office in the City of (hereinafter

called the Surety), as Surety, are held and firmly bound unto Maricopa County,
(hereinafter called the Obligee) in the amount of ($ _)
for the payment whereof, the said Principal and Surety bind themselves, and their heirs,
administrators, executors, successors and assigns, jointly and severally, firmly by these
presents.

WHEREAS, the Principal has entered into a certain written contract with the
Obligee, dated the day of ,20__, for 2024C005, Job Order
Contract for__, Work Assignment No. , which contract is hereby referred to and
made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that
if the said Principal shall faithfully perform and fulfill all the undertakings, covenants,
terms, conditions and agreements of said contract during the original term of said
contract and any extension thereof, with or without notice to the Surety, and during the
life of any guaranty required under the contract, and shall also perform and fulfill all the
undertakings, covenants, terms, conditions, and agreements of any and all duly
authorized modifications of said contract that may hereafter be made, notice of which
modifications to the Surety being hereby waived; then the above obligation shall be
void, otherwise to remain in full force and effect;

PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of
Title 34, Chapter 6, Article 1, of the Arizona Revised Statutes, and all liabilities on this
bond shall be determined in accordance with the provisions of said Title, Chapter, and
Article, to the extent as if it was copied at length herein.

The prevailing party in a suit on this bond shall be entitled to such reasonable
attorney's fees as may be fixed by a judge of the court.

Witness our hands this day of , 20
PRINCIPAL SEAL
AGENT OF RECORD, STATE OF AZ By:
AGENT ADDRESS
SURETY SEAL
BOND NUMBER:
BY:

Contract No. 2024C005 Page 13 of 22

Flood Control District of Maricopa County
CERTIFICATE OF INSURANCE

CONTRACT NO 2024C005 PROJECT TITLE: Job Order Contract for Earthwork Services and Debris Removal
NAME AND ADDRESS OF INSURANCE AGENCY: *COMPANIES AFFORDING COVERAGES:
Company A
Letter __
Company B
Letter _
Company Cc
Letter
NAME AND ADDRESS OF INSURED: Company D
Letter
Company | E
Letter
Company F
Letter
This certificate of insurance certifies that policies of insurance listed below have been issued to the insured named above and are in full force at this
time.
EFFECTIVE EXPIRATION
*CO. TYPE OF INSURANCE POLICY DATE DATE
LTR. NUMBER ceamyD0/¥ (MM/DD/YY) | irvrts
GENERAL LIABILITY:
COMMERCIAL GENERAL LIABILITY GENERAL AGGREGATE
D: Claims Made O: Occur / $4,000,000
PRODUCTS/COMPLETED
PREMISES OPERATIONS OPERATIONS AGGREGATE $2,000,000
BLANKET CONTRACTURAL
BROAD FORM PROPERTY EACH OCCURRENCE
DAMAGE $2,000,000
[]; PERSONAL INJURY
EJ: PRODUCTS AND COMPLETED
OPERATIONS HAZARD
XCU HAZARDS
INDEPENDENT CONTRACTORS
OWNER’S AND CONTRACTOR'S
PROTECTIVE LIABILITY
AUTOMOBILE LIABILITY:
d Limi
: ALL OWNED AND NON-OWNED yoy gene
AUTOS Property Damage $2,000,000
Per person/Per accident $2,000,000
O: EXCESS LIABILITY Each occurrence $
O: Umbrella Form Aggregate $
O: Other than Umbrella Form
[x]: WORKERS’ COMPENSATION STATUTORY LIMITS AND
’ EMPLOYER'S LIABILITY:
AND EMPLOYERS’ LIABILITY EACH ACCIDENT $1,000,000
DISEASE: EACH EMPLOYEE $1,000,000
DISEASE: POLICY LIMIT $1,000,000
Ix]: PROFESSIONAL LIABILITY
. . Except for Workers’ Compensation and Professional Liability Insurance, the Maricopa County, and
fl: OTHER: their agents, representatives, officers, Directors, Officials, and employees are named as Additional
Insured’s.

Except for Workers’ Compensation and Professional Liability Insurance, Flood Control District of Maricopa County (District), Maricopa County and their agents,
representatives, officers, Directors, Officials, and employees are named as Additional Insured’s on those types of policies described herein which are required to
be furnished by this contract entered into between the insured and the District. To the extent provided in Contract, insured shall hold harmless the District from
liability arising out of any services provided or duty performed by insured as required by statute, law, purchase order or otherwise required, with the exception
of liability for loss or damage resulting from the sole negligence of the District, its agents, employees, or indemnities. It is agreed that any insurance available to
the named insured shall be primary of other sources that may be available. It is further agreed that no policy shall expire, be cancelled, or materially changed to
affect the coverage available to the District without thirty (30) days written notice to the District. THIS CERTIFICATE IS NOT VALID UNLESS
COUNTERSIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY.

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY DATE ISSUED:
2801 WEST DURANGO STREET -
PHOENIX, ARIZONA 85009 AUTHORIZED REPRESENTATIVE :

Contract No. 2024C005 Page 14 of 22

NO COLLUSION AFFIDAVIT
BY CONTRACTOR
CERTIFYING THAT THERE WAS NO COLLUSION
IN SUBMITTING FOR CONTRACT

STATE OF ARIZONA )
COUNTY OF MARICOPA
being first duly sworn, deposes and says:
That he is of.
(Title) (Name of Business)

submitting on Contract No. 2024C005 for the construction of Job Order Contract for
Earthwork Services and Debris Removal in the County of Maricopa, State of Arizona.

That, in connection with the above-mentioned project, neither he, nor anyone associated
with the aforesaid business, has, directly or indirectly, participated in any collusion,
entered into any contract, combination, conspiracy or other act in restraint of trade or
commerce in violation of the provisions of A.R.S. § 34-251, Article 4, as amended.

(Signature of Affiant)

Subscribed and sworn to before me this day of , 20

My Commission Expires:

(Notary Public)

Contract No. 2024C005 Page 15 of 22

VERIFICATION OF LICENSE

Pursuant to A.R.S. § 32-1169, I hereby state that I hold a current contractor's license, duly
issued by the office of the Registrar of Contractors for the State of Arizona, said license
has not been revoked, that the license number, classification, and expiration date is: ;
that my privilege license number (as required by A.R.S. § 42-1305) is: ; and
that, if any exemption to the above licensing requirements is claimed;

(1) The basis for the claimed exemption is: and;

(2) The names(s) and license number(s) of any general, mechanical, electrical, or
plumbing contractor(s) to be employed on the work are:

IT IS UNDERSTOOD THAT THE FILING OF AN APPLICATION CONTAINING FALSE OR
INCORRECT INFORMATION CONCERNING AN APPLICANT'S CONTRACTOR'S LICENSE OR
PRIVILEGE LICENSE WITH THE INTENT TO VOID SUCH LICENSING REQUIREMENTS IS
UNSWORN FALSIFICATION PUNISHABLE ACCORDING TO A.R.S. § 13-2704.

DATE SIGNATURE OF LICENSEE

COMPANY

Contract No. 2024C005 Page 16 of 22

AFFIDAVIT OF COMPLIANCE

AFFIDAVIT BY CONTRACTOR CERTIFYING COMPLIANCE WITH HOUSE BILL 2745, CHAPTER
152 REQUIRING USE OF E-VERIFY

STATE OF )
)§
County of )
being first duly sworn, deposes and says:
That he/she is of

bidding on Contract No. 2024C005, JOC — Earthwork Services and Debris Removal, in
the County of Maricopa, State of Arizona.

That, in connection with the above-referenced project, the contractor warrants that it is in
compliance with A.R.S. §41-4401 and further acknowledges that the contractor and its sub-
contractors, if any, warrant their compliance with all federal immigration laws and regulations

that relate to their employees and their compliance with A.R.S. §23-214, subsection A;

(Signature of Affiant)

Subscribed and sworn to before me this day of. , 20

(Notary Public)

My Commission Expires

Contract No. 2024C005 Page 17 of 22

MARICOPA COUNTY SBE PARTICIPATION REPORTING FORM

This form is to be submitted with each pay application or invoice. Any pay application
or invoice without this form attached is subject to rejection as not being a completed
pay application or invoice pursuant to the terms of the contract.

2024C005/240008

Name of Prime Consultant/Contractor Contract No.
Contact Person Project No.
$
Street Address Amount of this Pay Application/Invoice

City, State, ZIP

Complete below with information on the SBE. firms utilized as
subconsultants/subcontractors for this pay application/invoice. If work was self-
performed and your firm, as the prime, is an SBE firm pursuant to A.R.S. § 41-1001, et
seq., then you may list your firm as the SBE firm.

, . Type of Work $ Pd to SBE this
SBE Firm Name SBE Firm Address Performed App/Inv

APR LAR | | | [44 149 154 19 |

co A mark in this box certifies that no SBE firms were utilized as the prime,
subconsultant or subcontractor with respect to this pay application/invoice.

Date:

Signature

Printed Name & Telephone Number

Contract No. 2024C005 Page 18 of 22

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Certificate of Performance and Payment of ALL Claims

PROJECT NAME: JOC —- EARTHWORK SERVICES AND DEBRIS REMOVAL

__, hereby certifies to the Flood Control District (FCD) of

(Name of Signer)
Maricopa County that all lawful claims for labor, rental of equipment, material used, and any other claims
by or its subconsultants in connection with the project described in FCD Contract

2024C005 have been paid.

understands that with receipt of payment for any previously

invoiced amounts, plus any retained monies, this is a settlement of all claims of every nature and kind
against FCD arising out of the performance of FCD Contract 2024C005 relating to the material,

equipment and work covered in and required by the contract.

The undersigned hereby certifies that to his/her knowledge, no contractual disputes exist in regard to this
contract and that he/she has no knowledge of any pending or potential claims in regard to this contract.

Upon submission of this document and a separate invoice for any retained funds to Flood Control District
Maricopa County, invoice processing will be completed within sixty (60) calendar days.

State of Arizona )

8
County of Maricopa +)

Signed this day of 20

Signature

Title

Subscribed and Sworn to before me this day of 20

Notary Public

My Commission Expires:

Contract No. 2024C005 Page 19 of 22

SUBCONTRACTOR LISTING

The following is a listing of Subcontractors and material suppliers (including any minority and
women-owned business enterprises participation) that may to perform the work outlined in this
Contract. Although this list will not be considered a final commitment on the Contractor's part,
any Subcontractor changes from those listed must have the District’s written approval before the
commencement of Subcontractor work on site.

The contractor certifies that subcontractor selection has been conducted in accordance with the
approved subcontractor selection plan (attached), and that the Contractor will perform, with its
organization, construction work that amounts to not less than Fifty percent (50%) of the total

Contract price for construction.

(Signature)

Contract No. 2024C005 Page 20 of 22