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NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL

Mayor Ginny Dickey Vice Mayor David Spelich Councilmember Alan Magazine Councilmember Gerry Friedel Councilmember Peggy McMahon Councilmember Sharron Grzybowski Councilmember Mike Scharnow

TIME: 5:30 P.M. – REGULAR MEETING WHEN: TUESDAY, MARCH 16, 2021 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commission, Committee or Board members may be in attendance at the Council meeting.

Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.

REQUEST TO COMMENT

The public is welcome to participate in Council meetings.

TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible. Include the agenda item on which you wish to comment. Speakers will be allowed three contiguous minutes to address the Council. Verbal comments should be directed through the Presiding Officer and not to individual Councilmembers.

TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Town Clerk prior to discussion, if possible.

TO COMMENT IN WRITING ONLINE: Please feel free to provide your comments by visiting https://www.fh.az.gov/publiccomment and SUBMIT a Public Comment Card by 3:00 PM on the day of the meeting. These comments will be shared with the Town Council.

REGULAR MEETING

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REGULAR MEETING

NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION

Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).

1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey

2. MOMENT OF SILENCE

3. ROLL CALL – Mayor Dickey

4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER

5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS

A. PRESENTATION by representatives of Cox Cable.

6. CALL TO THE PUBLIC

Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Council agenda.

7. CONSENT AGENDA ITEMS

All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda.

A. CONSIDERATION OF approving the meeting minutes of the Special Meeting of March 2, 2021, and the Regular Meeting of March 2, 2021.

B. CONSIDERATION OF approving a Special Event Liquor License application for the Fountain

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B. CONSIDERATION OF approving a Special Event Liquor License application for the Fountain Hills VFW Post 7507 for a liquor license in conjunction with the Fountain Hills Chamber of Commerce Gala located on the Chamber property on April 23, 2021.

C. CONSIDERATION OF approving budget transfers for the Capital Fund, Vehicle Replacement Fund, and the General Fund.

D. CONSIDERATION OF approving a Special Event Liquor License application for the Fountain Hills Theater for a liquor license in conjunction with the Fountain Hills Theater fundraiser on the theater property on April 17th and April 18th, 2021.

E. CONSIDERATION OF approving a Special Event Liquor License application for the Town of Fountain Hills for a liquor license in conjunction with the Fountain Hills Music Fest located on Town property on April 10, 2021.

8. REGULAR AGENDA

A. CONSIDERATION OF approving Cooperative Purchasing Agreement C2021-034 with Storm Water Pros, LLC for storm drain pipe and structure cleaning, storm pipe inspection services, and storm drain pipe repair.

B. CONSIDERATION OF approving the First Amendment to contract C2019-004 between the Town and Sunline Contracting, LLC, for pavement markings.

C. CONSIDERATION OF approving budget transfers and expenditures related to the installation of two (2) electric vehicle charging stations – one at the civic center complex and one at Fountain Park – and to apply for a rebate from Salt River Project (SRP) in the amount of $22,000.

D. DISCUSSION WITH POSSIBLE CONSIDERATION relating to any item included in the League of Arizona Cities and Towns’ weekly Legislative Bulletin(s) or relating to any action proposed or pending before the State Legislature.

9. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER

Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council.

10. ADJOURNMENT

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10. ADJOURNMENT

CERTIFICATE OF POSTING OF NOTICE

The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed by the Town Council with the Town Clerk.

Dated this ______day of ______, 2021.

______Elizabeth A. Burke, MMC, Town Clerk

The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's Office.

ITEM 7. A.

TOWN OF FOUNTAIN HILLS

STAFF REPORT

Meeting Date: 03/16/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Grady E. Miller, Town Manager

Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving the meeting minutes of the Special Meeting of March 2, 2021, and the Regular Meeting of March 2, 2021.

Staff Summary (Background) The intent of approving meeting minutes is to ensure an accurate account of the discussion and action that took place at the meeting for archival purposes. Approved minutes are placed on the Town's website and maintained as permanent records in compliance with state law.

Related Ordinance, Policy or Guiding Principle N/A

Risk Analysis N/A

Recommendation(s) by Board(s) or Commission(s) N/A

Staff Recommendation(s) Staff recommends approving the minutes of the Special Meeting of March 2, 2021, and the Regular Meeting of March 2, 2021.

SUGGESTED MOTION MOVE to approve the minutes of the Special Meeting of March 2, 2021, and the Regular Meeting of March 2, 2021.

Attachments 2021.0302.TCSMES.Minutes 2021.0302.TCRM.Minutes Form Review Inbox Reviewed By Date Town Manager Grady E. Miller 03/04/2021 06:56 AM Form Started By: Elizabeth A. Burke Started On: 03/04/2021 06:21 AM Final Approval Date: 03/04/2021 TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL MARCH 2, 2021

1. CALL TO ORDER – Mayor Dickey

Mayor Dickey called the Special Meeting of March 2, 2021, to order at 4:30 p.m.

2. ROLL CALL Present: Mayor Ginny Dickey; Vice Mayor David Spelich; Councilmember Mike Scharnow; Councilmember Peggy McMahon; Councilmember Gerry Friedel; Councilmember Alan Magazine; Councilmember Sharron Grzybowski Staff Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Present: Elizabeth A. Burke; Development Services Director John Wesley 3. RECESS INTO EXECUTIVE SESSION

MOVED BY Vice Mayor David Spelich, SECONDED BY Councilmember Alan Magazine to recess into Executive Session. Vote: 7 - 0 Passed - Unanimously

The Fountain Hills Town Council recessed into Executive Session at 4:30 p.m.

4. EXECUTIVE SESSION

A. Discussion or consultation for legal advice with the attorney or attorneys of the public body, pursuant to A.R.S. 38-431.03(A)(3).

i. Park Place Development Agreement

The Fountain Hills Town Council recessed Executive Session at 5:16 p.m. in order to attend the Regular Council Meeting.

B. Discussions or consultations with designated representatives of the public body in order to discuss security plans, procedures, assessments, measures or systems relating to, or having an impact on, the security or safety of buildings, facilities, operations, critical infrastructure information and information technology maintained by the public body. Records, documentation, notes, or other materials made by, or provided to, the representatives pursuant to this paragraph are confidential and exempt from public disclosure under this chapter and title 39, chapter 1, pursuant to A.R.S. 38-431.03(A)(9).

i. Security Briefing

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The Fountain Hills Town Council reconvened into Executive Session at 7:00 p.m.

5. ADJOURNMENT

The Fountain Hills Town Council reconvened into Open Session at 8:00 p.m. at which time the Special Meeting of March 2, 2021, adjourned.

TOWN OF FOUNTAIN HILLS

______Ginny Dickey, Mayor

ATTEST AND PREPARED BY:

______Elizabeth A. Burke, Town Clerk

TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL MARCH 2, 2021

1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey

Mayor Dickey called the Regular Meeting of March 2, 2021, to order at 5:30 p.m. and led the Council and audience in the Pledge of Allegiance.

2. MOMENT OF SILENCE

A Moment of Silence was held.

3. ROLL CALL – Mayor Dickey Present: Mayor Ginny Dickey; Vice Mayor David Spelich; Councilmember Mike Scharnow; Councilmember Peggy McMahon; Councilmember Gerry Friedel; Councilmember Alan Magazine; Councilmember Sharron Grzybowski Staff Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Present: Elizabeth A. Burke 4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER

Mr. Miller reported that he and the Mayor met and they have been monitoring COVID-19 cases and numbers of vaccinations. They have determined that they are close to one-third of the Town's residents have been vaccinated and the infection rate is down around seven percent, when prior numbers had been in the double digits.

Because of these facts, they will start holding public meetings with the March 16, 2021, Regular Council Meeting, with masks required and social distancing efforts continuing. Additionally, the Town's boards and commissions will resume regular scheduling.

From an organizational standpoint, they are continuing modified work hours at Town Hall and the Community Center, but they will be open for the public during regular times, continuing with the State's mandates of masks and social distancing.

Councilmember Friedel reported that he attended a Zoom meeting on Planes an Cranes. They learned about Arizona, and Phoenix in general, that at their worst they were down 90% in air travel. They did hold up better than many locations because of the state's business environment, people liking leisure and space, and the weather. This year in December, they were only about 50%.

He reported that he attended a ribbon cutting at Pearl Nutrition which is a new business with wonderful people.

Councilmember Grzybowski said that she also attended the same Planes and Cranes.

Town Council Regular Meeting of March 2, 2021 Page 2 of 7

She said that one thing she picked up is that international travel in the foreseeable future will require a COVID card. Additionally, she has been joining in on the League's legislative calls.

Mayor Dickey reminded everyone that the recent Council Retreat is available online and on Channel 11.

She attended a MAG Regional Council meeting and discussed the Town's and other projects proposed for Prop 400. She also attended a Canadian/Arizona Business Council quarterly meeting to continue discussions regarding economic opportunities now and post COVID.

She said that the COVID relief bill that passed the House has appropriations for cities and David will update the Council when it is finalized. She noted that Mesa Mayor Giles supports it.

She said that, as mentioned, changes have been made to the schedules for the Community Center, commission meetings and Town Council meetings. These will all be open to the public, continuing the 50 attendees limit. She said that they are continuing to advertise for the Fair as if it will occur.

She said that there have been 1,535 COVID cases in Fountain Hills since it began, but they are up only 8 in the last six days. Hospital capacity is at 85%, number of cases per 100,000 are about to be "moderate" (not "substantial"). Fountain Hills is at 7% positivity, so "moderate" and COVID-like illness is at 3.8, which is "minimal." About 63% of those eligible in Fountain Hills have had at least one shot. Those actually vaccinated is 8,164, around 1/3 of the population.

Mayor Dickey reported that bollard cleaning and painting has been completed. She thanked Ted Blank and his volunteers. She gave many thanks to local merchants, Paul's Ace Hardware and Sherwin Williams, for donating the cleaning, taping and painting supplies. She thanked staff and the Council for partnering with Ted and the volunteers.

5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS

A. PRESENTATION by Captain Larry Kratzer with the Maricopa County Sheriff's Office with Monthly Update.

Maricopa County Sheriff's Office Captain Larry Kratzer gave a monthly update, which included a review of 2020 statistics (Exhibit A attached hereto and made a part hereof).

Councilmembers agreed that the report was very valuable and it was suggested that a news story be made from the information. Captain Kratzer said that he would work with Mr. Miller to do that. Mayor Dickey suggested that it be provided in an additional format for those that do not find statistics easy to interpret.

Mayor Dickey thanked Captain Kratzer for the report, noting that they all appreciated it.

6. CALL TO THE PUBLIC

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6. CALL TO THE PUBLIC

None

7. CONSENT AGENDA ITEMS

MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Mike Scharnow to approve the Consent Agenda items. Vote: 7 - 0 Passed - Unanimously

A. CONSIDERATION OF approving the meeting minutes of the Regular Meeting of February 16, 2021.

B. CONSIDERATION OF approving a Special Event Liquor License application for the Fountain Hills VFW Post 7507 for a beer garden in conjunction with the Fountain Festival of Arts and Crafts on April 9-11, 2021

C. CONSIDERATION OF a Map of Dedication for the dedication of easements and right-of-way associated with the development of the Fountain Hills Medical Center located at the northwest corner of Saguaro Boulevard and Trevino Drive.

8. REGULAR AGENDA

A. CONSIDERATION OF Approving a Cooperative Purchasing Agreement with General Acrylics (Contract No. 2021-037) for the installation, repair, and maintenance of sport courts.

Community Services Director Rachael Goodwin said that this contract would allow the Town to build three pickleball sports courts. She then gave a brief PowerPoint which addressed:

SPORT COURTS IN FOUNTAIN HILLS EFFORTS UNDERWAY FOUR PEAKS PARK RENOVATIONS: CURRENT AND FUTURE FOUR PEAKS PARK RENOVATIONS: WHY PICKLEBALL?

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Councilmember Scharnow asked about lighting. Ms. Goodwin said that they would work similar to what is at the new basketball court on the lower level. They are demand-driven; If no one is using them, they shut off automatically.

Councilmember Scharnow questioned if the ping pong tables would be secured. Ms. Goodwin said that they would. She said that they had some usable space under the shade so the idea was to bring in ping pong tables, cornhole boards and users could bring their own paddles, balls and bean bags. She said it would be adjacent to the Boys and Girls Club and would allow them to use it as well.

Councilmember Friedel asked if the pickleball courts would be by reservation. Ms. Goodwin said that for now it would be done similar to the reservation system for the tennis courts.

Councilmember Magazine said that at one time there had been discussion of using some space behind Euro Pizza for some type of activities. Ms. Goodwin said that there has been a lot of discussion and a number of them had support until they realized the financial ramifications. She said that through the CIP Splash Pad expansion they had talked of using some space to expand the footprint and provide for additional seating.

Councilmember Grzybowski said that her first project on the Community Services Advisory Commission was a months-long discussion with the pickleball people. This is something they need in town.

MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Mike Scharnow to approve the Cooperative Purchasing Agreement with General Acrylics, Contract No. 2021-037, in the amount of $129,500. Vote: 7 - 0 Passed - Unanimously

B. RECONSIDERATION OF approving a Professional Services Agreement with Kimley Horn and Associates, Inc., for a warrant study to evaluate and document the need for a signalized controlled intersection at Palisades and Eagle Ridge Drive/Palomino.

Mr. Miller said that the Council talked about this recently, but when it came before them there was a mishap with different numbers in the staff report. Staff was asked to bring this back before the pedestrian and Safety Traffic Committee which they have done.

Mr. Weldy said that when the Council approved development fees, through the IIP, this was identified as a project that would be able to use development fees for a traffic signal. There will be funds available if that need is determined after this study.

He said that it was never his intent to provide misleading or confusing information. This project was tied to a contract to study the intersection at Palisades and Fountain Hills Boulevard. He failed in that presentation, and he apologized for that shortcoming.

He said that staff is back before the Council; it is important to note that when they are planning for outlying years, especially in traffic management, they look at intersections.

He said that there are nine warrants, but they are only studying four of them (8-hour vehicular volumes in each direction; 4-hour vehicular volume; peak hour flows;

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vehicular volumes in each direction; 4-hour vehicular volume; peak hour flows; pedestrian volume). Staff does believe that they will meet one or more of those warrants at this intersection; however, the only way to determine that is to do the study.

Mr. Miller said that the engineer of record will report back to Council, and they will decide if they want the staff to move forward and have it designed. He said that if the Town does get close-out funding this would be a perfect project for that. Mr. Weldy said that in the past the Town has used WISA funding to make changes to 12 of the 13 traffic signals.

Mayor Dickey said that it is important to think of this as modeling. The development fees are narrowly defined on how they are used, and this project would meet those requirements.

Councilmember Friedel sad that if this is just for the study, he asked how much the design would cost. Mr. Weldy replied that it would remain at $50,000 for 100% design.

MOVED BY Councilmember Peggy McMahon, SECONDED BY Councilmember Mike Scharnow to approve Professional Services Agreement C2021-031 with Kimley Horn and Associates, Inc., for a warrant study to evaluate and document the need for a signalized controlled intersection in the amount of $49,027.00. Vote: 6 - 1 Passed NAY: Vice Mayor David Spelich

C. DISCUSSION WITH POSSIBLE CONSIDERATION relating to any item included in the League of Arizona Cities and Towns’ weekly Legislative Bulletin(s) or relating to any action proposed or pending before the State Legislature.

Mr. Miller said that he passed out a legislative info sheet prior to the meeting which he will continue to maintain. The challenge is that every day the Legislature moves quickly. He will try to have information provided in the meeting packets, and provide any new information the day of the meetings. He then reviewed a few bills that they would like to take a position on:

HB2623. Fireworks. He said that the League is supporting this bill. Towns cannot prohibit fireworks, but this would allow them to say what the end time would be.

HB2804. Executive Sessions. He said that currently there are eight topics that may be discussed under Executive Session and the Town Council can always have legal advice on a variety of matters. This bill would keep it to legal advice of only those eight items which is very limiting. He said that the bill was supposed to create transparency, but it hampers the ability to receive legal advice. Mr. Arnson said that he does not support the bill.

Councilmember Magazine said that a few years ago he authored an op ed published in the FH Times about preemptions and the Legislature making decisions to control how cities/towns operate. He said that local governments are powerless pawns of the system and being made less and less powerful every time the Legislature begins their sessions. There is a stunning lack of trust by the Legislature of the towns' ability to make the best decisions. He said that he was criticized for the op ed. He said that if the citizens do not like the Council they can vote them out.

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like the Council they can vote them out.

Council consensus was to support the fireworks bill and oppose the executive session bill.

Mayor Dickey said that Council should not feel alone; there are bills trying to keep the Governor from proclaiming emergencies, and requiring the Board of Supervisors to hand over ballots.

Councilmember Scharnow said that he likes and appreciates the matrix as it helps keep things in focus since they do move quickly. He said that at the last meeting there were bills brought up during the meeting that they were expected to vote on. He did not like being put on the spot as he did not know a lot about them. He almost abstained, because he likes to be prepared for meetings.

Mr. Miller said that procedurally if there are some feeling uncomfortable in those situations, staff can brief them and then bring it back to the next meeting for action. It is not a fiduciary item; just direction to the Town Manager. Mayor Dickey said that it is okay procedurally what they did. Mr. Miller said that he is trying to be careful; he does not want to take a position without a majority of the Council weighing in. He said that they will think about it further. He suggested that if any councilmembers had any bills they would like to bring up, they can let him know ahead of the meeting so staff can research it before it comes to the Council.

9. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER

Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council.

None

10. ADJOURNMENT

MOVED BY Vice Mayor David Spelich, SECONDED BY Councilmember Gerry Friedel to adjourn. Vote: 7 - 0 Passed - Unanimously

The Regular Meeting of the Fountain Hills Town Council held March 2, 2021, adjourned at 6:50 p.m.

TOWN OF FOUNTAIN HILLS

______Ginny Dickey, Mayor

Town Council Regular Meeting of March 2, 2021 Page 7 of 7

ATTEST AND PREPARED BY:

______Elizabeth A. Burke, Town Clerk

CERTIFICATION

I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 2nd day of March, 2021. I further certify that the meeting was duly called and that a quorum was present.

DATED this 16th day of March, 2021.

______Elizabeth A. Burke, Town Clerk

ITEM 7. B.

TOWN OF FOUNTAIN HILLS

STAFF REPORT

Meeting Date: 03/16/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Community Services Prepared by: Linda Ayres, Recreation Manager Staff Contact Information: Rachael Goodwin, Community Services Director

Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving a Special Event Liquor License application for the Fountain Hills VFW Post 7507 for a liquor license in conjunction with the Fountain Hills Chamber of Commerce Gala located on the Chamber property on April 23, 2021.

Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Boris Biloskirka, representing the Fountain Hills VFW Post 7507 for submission to the Arizona Department of Liquor.

The applicant and Fountain Hills VFW are keenly aware that the final issuance of a liquor license as well as approval to hold the Fountain Hills Chamber Gala, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health and the COVID-19 pandemic.

The applicant and VFW wish to obtain Council approval for the liquor license application as an administrative step, in anticipation of the Arizona Department of Liquor License and Control resuming this service and understands issuance of special event liquor licenses may not resume prior to the event date of April 23, 2021.

All special event liquor license applicants are required to submit an application and pay a $25 fee for processing. Once the fee is paid and the application is reviewed by Town staff, the application is forwarded to the Town Council for its review and consideration. After the application is approved by Town Council, the applicant will bring the signed paperwork to the Arizona Department of Liquor, and be issued a physical license to be displayed for the duration of the event. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of the application as submitted.

Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309 Risk Analysis N/A

Recommendation(s) by Board(s) or Commission(s) N/A

Staff Recommendation(s) Staff recommends approval.

SUGGESTED MOTION MOVE to approve the Special Event Liquor License.

Attachments G:\Special Events\Liquor Apps\2021 Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 02/24/2021 04:19 PM Finance Director David Pock 02/24/2021 04:22 PM Town Attorney Aaron D. Arnson 02/24/2021 06:34 PM Town Manager Grady E. Miller 02/24/2021 06:55 PM Form Started By: Linda Ayres Started On: 02/23/2021 10:09 AM Final Approval Date: 02/24/2021

ITEM 7. C.

TOWN OF FOUNTAIN HILLS

STAFF REPORT

Meeting Date: 03/16/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: David Pock, Finance Director Staff Contact Information: David Pock, Finance Director

Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving budget transfers for the Capital Fund, Vehicle Replacement Fund, and the General Fund.

Staff Summary (Background) Throughout the fiscal year, it is sometimes necessary to transfer funds from one budget account to another. In most cases, the funds to be transferred are within the same department, so the budget transfers can be made administratively without the need to request Town Council approval. The Finance Department is requesting the following budget transfers requiring Town Council approval:

$7,000 from Project D6057 Golden Eagle Impoundment (CIPSTO) to S6053 Fountain Hills Blvd Shoulder Paving (CIPST). This budget transfer will pay remaining invoices for this project and allow closeout. $1,600 from General Fund General Government (GENAD) to the Vehicle Replacement Fund (VRAD). This budget transfer will make up the needed budget of the turf vehicle purchased earlier this year. This purchase replaced one scheduled in FY22. $234,000 from General Fund General Government (GENAD) to General Fund Fire Operations (FDOP). Last fiscal year, the Town purchased a new pumper truck for the Fire Department. As the replacement was scheduled for a future year, the Vehicle Replacement Fund will not receive the future transfers to fund the replacement. This budget transfer will restore that fund balance.

Related Ordinance, Policy or Guiding Principle Town Council approved financial policies and best practices.

Risk Analysis If not approved, the budget for the Capital Project Fund, Vehicle Replacement Fund, and the General could be exceeded.

Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the budget transfers.

SUGGESTED MOTION MOVE to approve the attached budget transfers as requested.

Fiscal Impact Fiscal Impact: $7,000 Budget Reference: Funding Source: CIP If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form:

Fiscal Impact: $235,600 Budget Reference: Funding Source: GENAD If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form:

Attachments Budget Transfers Form Review Inbox Reviewed By Date Finance Director (Originator) David Pock 03/04/2021 09:29 AM Town Attorney Aaron D. Arnson 03/04/2021 09:44 AM Town Manager Grady E. Miller 03/04/2021 10:57 AM Form Started By: David Pock Started On: 03/03/2021 03:55 PM Final Approval Date: 03/04/2021

03/04/2021 10:13 |TOWN OF FOUNTAIN HILLS |P 1 BBogdan |BUDGET AMENDMENTS JOURNAL ENTRY PROOF |bgamdent

LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION PREV BUDGET AMENDED ACCOUNT LINE DESCRIPTION EFF DATE BUDGET CHANGE BUDGET ERR ______

YEAR-PER JOURNAL EFF-DATE REF 1 REF 2 SRC JNL-DESC ENTITY AMEND

2021 09 16 03/04/2021 BUA TRANSFERS 1 8

1 VRAD 8010 VEHICLE REPL-ADMIN VEHICLES 51,989.00 1,600.00 53,589.00 810-10-15-901-000-2207-8010- GEP TURF VEHICLE 03/04/2021

2 GENAD 7010 GENERAL GOVERNMENT ADMIN CONTINGENCY 1,200,141.18 -1,600.00 1,198,541.18 100-10-15-110-100-0106-7010- GEP TURF VEHICLE 03/04/2021

3 FDOP 6803 FIRE-OPERATIONS ISF-VEHICLE REPLACEMENT CHARGE 222,213.00 234,000.00 456,213.00 100-30-70-701-700-1515-6803- FIRETRUCK CATCHUP 03/04/2021

4 GENAD 7010 GENERAL GOVERNMENT ADMIN CONTINGENCY 1,200,141.18 -234,000.00 966,141.18 100-10-15-110-100-0106-7010- FIRETRUCK CATCHUP 03/04/2021

5 CIPST 8060 S6053 STREETS CAP PROJECTS STREET IMPROVEMENTS 616,000.00 7,000.00 623,000.00 600-40-30-302-000-1610-8060-S6053 FROM D6057 03/04/2021

6 CIPSTO 8085 D6057 STORMWATER CAP PROJ STORMWATER/DRAINAGE IMPROVEMEN 425,000.00 -7,000.00 418,000.00 600-40-30-304-000-1960-8085-D6057 TO S6053 03/04/2021

** JOURNAL TOTAL 0.00 Z

ITEM 7. D.

TOWN OF FOUNTAIN HILLS

STAFF REPORT

Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving a Special Event Liquor License application for the Fountain Hills Theater for a liquor license in conjunction with the Fountain Hills Theater fundraiser on the theater property on April 17th and April 18th, 2021.

Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Valerie Stasik, representing the Fountain Hills Theater, Inc. for submission to the Arizona Department of Liquor.

The applicant and Fountain Hills Theater are keenly aware that the final issuance of a liquor license, as well as approval to hold the Fountain Hills Theater event, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health and the COVID-19 pandemic.

The applicant and Fountain Hills Theater wish to obtain Council approval for the liquor license application as an administrative step, in anticipation of the Arizona Department of Liquor License and Control resuming this service and understands issuance of special event liquor licenses may not resume prior to the event date of April 17th and 18th, 2021. The date of the 18th is to be held if the event on the 17th is canceled due to inclement weather.

Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309

Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A

Staff Recommendation(s) Staff recommends approval.

SUGGESTED MOTION MOVE to approve the Special Event Liquor License.

Attachments Application Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 03/08/2021 01:24 PM Finance Director David Pock 03/08/2021 01:28 PM Town Attorney Aaron D. Arnson 03/08/2021 01:40 PM Town Manager Grady E. Miller 03/08/2021 01:57 PM Form Started By: Linda Ayres Started On: 03/08/2021 12:06 PM Final Approval Date: 03/08/2021

ITEM 7. E.

TOWN OF FOUNTAIN HILLS

STAFF REPORT

Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving a Special Event Liquor License application for the Town of Fountain Hills for a liquor license in conjunction with the Fountain Hills Music Fest located on Town property on April 10, 2021.

Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Linda Ayres, representing the Town of Fountain Hills for submission to the Arizona Department of Liquor.

The applicant and the Community Services Department are keenly aware that the final issuance of a liquor license as well as approval to hold the Fountain Hills Music Fest, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health and the COVID-19 pandemic.

The applicant and Fountain Hills wish to obtain Council approval for the liquor license application as an administrative step, in anticipation of the Arizona Department of Liquor License and Control resuming this service and understands issuance of special event liquor licenses may not resume prior to the event date of April 10, 2021.

After the application is approved by Town Council, the applicant will bring the signed paperwork to the Arizona Department of Liquor, and be issued a physical license to be displayed for the duration of the event. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of the application as submitted.

Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309

Risk Analysis N/A

Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval.

SUGGESTED MOTION MOVE to approve special event liquor license.

Attachments G:\Special Events\Liquor Apps\2021 Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 03/08/2021 01:24 PM Finance Director David Pock 03/08/2021 01:30 PM Town Attorney Aaron D. Arnson 03/08/2021 01:41 PM Town Manager Grady E. Miller 03/08/2021 02:50 PM Form Started By: Linda Ayres Started On: 03/08/2021 12:48 PM Final Approval Date: 03/08/2021

ITEM 8. A.

TOWN OF FOUNTAIN HILLS

STAFF REPORT

Meeting Date: 03/16/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director

Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving Cooperative Purchasing Agreement C2021-034 with Storm Water Pros, LLC for storm drain pipe and structure cleaning, storm pipe inspection services, and storm drain pipe repair.

Staff Summary (Background) The town's stormwater system consists of 407 catch basins and over 73,000 linear feet of storm drains and culverts. Annual inspections include checking for proper drainage and overall condition of the system. Town staff also receives notifications from residents and property management companies when they see issues regarding Town-owned storm drain infrastructure. Since the Town does not have the equipment capable of cleaning and televising the storm drain system, it is necessary to contract with a company that can provide these types of services. The Public Works Department is recommending to contract with Storm Water Pros, LLC, in the amount of $100,00 annually, with the option of three renewals for a total not to exceed of $400,000 over the life of the contract.

The recent failure of a major storm drain pipe and structure cost approximately $1.6 million to repair. A contract like this will enable the town to keep up with annual inspections and maintenance of all storm drain systems and make repairs on "a pay as you go basis" to avoid costly repairs and replacements of failed storm water structures.

Related Ordinance, Policy or Guiding Principle Stormwater Management Policy

Risk Analysis The Town's storm drain pipes, catch basins and other related storm drain infrastructure become filled with silt and debris after storm events. If the systems are not addressed, they become clogged and will not convey storm water properly. This contract will enable staff to stay on top of storm drain maintenance which will ensure that they are in good condition to prevent flooding and long-term failure of the drainage systems over time.

Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of cooperative purchasing agreement C2021-034.

SUGGESTED MOTION MOVE to approve Cooperative Purchasing Agreement C2021-034 with Storm Water Pros, LLC pipeline in the amount of $100,000.

Fiscal Impact Fiscal Impact: $100,000- $400,000 Budget Reference: 280 Funding Source: If Multiple Funds utilized, list here: ENVAD, HURF, FAC Budgeted: if No, attach Budget Adjustment Form:

Attachments Professional Services Agreement Underlying Agreement Form Review Inbox Reviewed By Date Public Works Director (Originator) Justin Weldy 03/03/2021 12:49 PM Finance Director David Pock 03/03/2021 01:33 PM Town Attorney Aaron D. Arnson 03/03/2021 01:34 PM Town Manager Grady E. Miller 03/03/2021 05:46 PM Form Started By: Justin Weldy Started On: 03/02/2021 01:41 PM Final Approval Date: 03/03/2021

Contract No. 2021-034

COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND STORMWATER PROS, LLC

THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into as of March 2, 2021, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”), and StormWater Pros, LLC, an Arizona limited liability company (the “Contractor”).

RECITALS

A. After a competitive procurement process, the City of Tempe (the “City”) entered into Agreement No. WUD20-028-02, dated September 10, 2020 (the “City Contract”), for the Contractor to provide necessary staff, services, and associated resources to provide the City with stormwater infrastructure and drywell cleaning, maintenance, and repair. A copy of the City Contract is attached hereto as Exhibit A and incorporated herein by reference, to the extent not inconsistent with this Agreement.

B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make purchases under the City Contract, at its discretion and with the agreement of the awarded Contractor, and the City Contract permits its cooperative use by other public entities, including the Town.

C. The Town and the Contractor desire to enter into this Agreement for the purpose of (i) acknowledging their cooperative contractual relationship under the City Contract and this Agreement, (ii) establishing the terms and conditions by which the Contractor may provide necessary staff, services and associated resources to provide the City with stormwater infrastructure and drywell cleaning, maintenance, and repair (the “Materials and Services”), and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Materials and Services.

AGREEMENT

NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows:

1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until March 1, 2022 (the “Initial Term”), unless terminated as otherwise provided in this Agreement or the City Contract. After the expiration of the Initial Term, this Agreement may be renewed for up to three successive one-year terms (each, a “Renewal Term”) if: (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal in each subsequent year, (ii) the term of the City Contract has

not expired or has been extended, (iii) at least 30 days prior to the end of the then-current term of this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional one-year term and (iv) the Town approves the additional one-year term in writing (including any price adjustments approved as part of the City Contract), as evidenced by the Town Manager’s signature thereon, which approval may be withheld by the Town for any reason. The Contractor’s failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then-current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Contractor, elect to waive this requirement and renew this Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect.

2. Scope of Work. Contractor shall provide to the Town the Services under the terms and conditions of the City Contract and according to the specifications set forth in the Contractor’s Proposal attached hereto as Exhibit B and incorporated herein by reference.

2.1 Inspection; Acceptance. All Materials and Services are subject to final inspection and acceptance by the Town. Materials failing to conform to the requirements of this Agreement and/or the City 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. Upon discovery of nonconforming Materials or Services, the Town may elect to do any or all of the following by written notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or (iii) bring Materials or Services into compliance and withhold the cost of same from any payments due to the Contractor.

2.2 Cancellation. The Town reserves the right to cancel any work order within a reasonable time after issuance. Should a work order be canceled, the Town agrees to reimburse the Contractor, but only for actual and documentable costs incurred by the Contractor due to and after issuance of the work order. The Town will not reimburse the Contractor for any costs incurred after receipt of the Town notice of cancellation, or for lost profits, shipment of product prior to issuance of a work order or for anything not expressly permitted pursuant to this Agreement.

3. Compensation. The Town shall pay Contractor an amount not to exceed $100,000.00 for the Materials and Services at the rates set forth in the City Contract and as more particularly set forth in Exhibit B. The aggregate not-to-exceed amount, inclusive of all Renewal Terms, shall not exceed $400,000.00.

4. Payments. The Town shall pay the Contractor monthly, based upon acceptance and delivery of Materials and/or Services performed and completed to date, and upon submission and approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the City Contract and (ii) document and itemize all work completed to date. The invoice statement shall include a record of materials delivered, time expended, and work performed in sufficient detail to justify payment. Additionally, invoices submitted without referencing this Agreement and the City Contract will be subject to rejection and may be returned.

5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are complying with the warranty under Section 6 below, Contractor’s and its subcontractors’ books,

records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Contractor and its subcontractors’ employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit evaluation of the Contractor’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to audit Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Contractor pursuant to this Agreement. Contractor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall require its subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement.

6. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41- 4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Contractor’s or its subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town.

7. Israel. Contractor certifies that it is not currently engaged in and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ. REV. STAT. § 35-393, of Israel.

8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to ARIZ. REV. STAT. § 38-511.

9. Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona.

10. Agreement Subject to Appropriation. The Town is obligated only to pay its obligations set forth in this Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during the Town’s then current fiscal year. The Town’s obligations under this Agreement are current expenses subject to the “budget law” and the unfettered legislative discretion of the Town concerning budgeted purposes and appropriation of funds. Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of the then-current fiscal year term for which such funds were appropriated and budgeted for such purpose and the Town shall be relieved of any subsequent obligation under this Agreement. The parties agree that the Town has no obligation or duty of good faith to budget or appropriate the payment of the Town’s obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement is executed and delivered. The Town shall be the sole judge and authority in determining the

availability of funds for its obligations under this Agreement. The Town shall keep Contractor informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town. Contractor hereby waives any and all rights to bring any claim against the Town from or relating in any way to the Town's termination of this Agreement pursuant to this section.

11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the City Contract, the Proposal, and invoices, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of this Agreement or the City Contract (collectively, the “Unauthorized Conditions”), other than the Town’s project-specific requirements, are expressly declared void and shall be of no force and effect. Acceptance by the Town of any work order or invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Agreement or under the City Contract shall not alter such terms and conditions or relieve Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the performance of this Agreement.

12. Rights and Privileges. To the extent provided under the City Contract, the Town shall be afforded all of the rights and privileges afforded to the City and shall be the “City” (as defined in the City Contract) for the purposes of the portions of the City Contract that are incorporated herein by reference.

13. Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 12 above, the Town shall be afforded all of the insurance coverage and indemnifications afforded to the City to the extent provided under the City Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the Town under this Agreement including, but not limited to, the Contractor’s obligation to provide the indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.

14. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (iii) given to a recognized and reputable overnight delivery service, to the address set forth below:

If to the Town: Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, Arizona 85268

Attn: Grady E. Miller, Town Manager

With copy to: Pierce Coleman PLLC 4711 E. Falcon Dr., Ste. 111 Mesa, Arizona 85215 Attn: Aaron D. Arnson, Town Attorney

If to Contractor: StormWater Pros, LLC 916 E Impala Ave., Suite 101 Mesa, Arizona 85204 Attn: Juan Fletes or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received: (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice.

[SIGNATURES APPEAR ON FOLLOWING PAGES]

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

“Town”

TOWN OF FOUNTAIN HILLS, an Arizona Municipal Corporation

______Grady E. Miller, Town Manager

ATTEST:

______Elizabeth A. Burke, Town Clerk

APPROVED AS TO FORM:

______Aaron D. Arnson, Town Attorney

[SIGNATURES CONTINUE ON FOLLOWING PAGE]

“Contractor”

STORMWATER PROS, LLC, an Arizona limited liability company

By: ______

Name: ______

Its: ______

EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND STORMWATER PROS, LLC

[City Contract]

See following pages.

EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND STORMWATER PROS, LLC

[Contractor’s Proposal]

See following pages.

REQUEST FOR PROPOSAL

RFP# 20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair

RFP ISSUE DATE: October 30, 2019

PRE-PROPOSAL CONFERENCE: None

DEADLINE FOR INQUIRIES/QUESTIONS: November 13, 2019 AT 5:00 P.M. LOCAL PHOENIX TIME

RFP DUE DATE AND TIME: November 25, 2019, 3:00 P.M. LOCAL PHOENIX TIME

ALL INQUIRIES MUST BE DIRECTED TO: SHIREEN BOONE, CPPO, CPPB EMAIL: [email protected]

PHONE: 480-350-8617

SUBMITTAL LOCATION: CITY OF TEMPE PROCUREMENT OFFICE 20 EAST SIXTH STREET, 2ND FLOOR TEMPE, ARIZONA 85281

Table of Contents General Instructions ...... 3 Standard Terms and Conditions ...... 8 Special Terms & Conditions and Instructions ...... 17 Scope of Work ...... 23 Specifications ...... 27 Proposal Questionnaire ...... 27 Evaluation Criteria ...... 35 Pricing Section ...... 37 Vendor’s Offer ...... 38 Anti-Discrimination Policy ...... 39 Checklist for Submittal ...... 41 Package Label ...... 42

General Instructions Failure to follow these instructions may result in rejection of proposal for non-responsiveness or cancellation of any Contract awarded.

1. Preparation of Proposal: A. Proposals shall be submitted to the City of Tempe (“City”) in the sequence specified herein, on the forms attached hereto, including Vendor’s Offer.

B. All proposals shall be submitted on the forms provided in this Request for Proposal, signed by an authorized signer and returned with the proposal response to the City.

C. Completed and signed proposal forms for offer and any solicitation addendums shall be signed by an authorized individual. Such proposal constitutes an irrevocable Offer to sell the good and/or service specified herein. Offeror shall submit all additional data, documentation, or information as requested by the City, signifying its intent to be bound by the terms of the Request for Proposal.

D. Negligence in preparation of a proposal confers no right of withdrawal. Offeror is solely responsible for seeking clarification of any requirement and presenting accurate information in the proposal response. The City shall not reimburse any costs for a proposal, or its submission, presentation or withdrawal, for any reason. Failure to read, examine and understand the Solicitation and any of its addenda will not excuse any failure to comply with the requirements of the Solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation.

E. Offeror shall identify each subcontractor to be utilized in the services and/or work set forth herein, if applicable.

2. Definitions: For purposes of this Request for Proposal and resultant Contract, the following definitions apply:

A. “City” means the municipal corporation of the City of Tempe, Arizona.

B. “Code Governance” means unless otherwise specified herein, the provisions of the Tempe City Code, Chapter 26A shall apply and govern this Request for Proposal.

C. “Contract” means the agreement for the procurement of goods, equipment, materials, software, maintenance, contracted services, professional services, or concessions.

D. “Contractor” means an Offeror responding to a Request for Proposal who has been awarded a Contract with the City.

E. “Offer” means a written offer to furnish goods, equipment, materials, software, maintenance, contracted services, professional services, or concessions to the City, in conformity with the standards, specifications, delivery terms and conditions, and all other requirements established in a competitive solicitation.

F. “Offeror” means a business, entity or person who submits an Offer in response to a competitive solicitation.

G. “Public Record” means proposals and all other documents submitted in response to this solicitation shall become the property of the City and shall be a matter of public record available for review following the Contract award.

H. “Purchase Order” means a document issued by the Procurement Office directing the Contractor to deliver the goods, equipment, materials, software, maintenance, contracted services, professional services or concessions. to the City.

I. “Request for Proposal” means a competitive solicitation issued by the City for the procurement of goods, equipment, materials, software, maintenance, contracted services, professional services or concessions. RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair 3 | Page

3. Late, Unsigned and/or Incomplete Proposal: A late, unsigned and/or materially incomplete proposal will be considered nonresponsive and rejected.

4. Inquiries: Questions regarding this Request for Proposal shall be directed to the Procurement Officer identified on the cover page of this document, unless another City contact is specifically named. Inquiries shall be submitted in writing (preferably via e-mail), identifying the appropriate Request for Proposal’s number, page and paragraph at issue. PLEASE NOTE: Offeror must not place the Request for Proposal’s number on the outside of an envelope containing questions. Oral responses provided by the City shall have no binding effect or legal effect. Inquiries should be submitted within the designated timeframe noted on the front page of the solicitation. Those questions received after the designated date may be considered at the sole discretion of the Procurement Officer. The City reserves the right to contact Offerors to obtain additional information for use in evaluating proposal and solicitation requirements.

5. Proposal Conference: If a proposal conference is scheduled, Offerors are strongly encouraged to attend to seek clarification on any aspects of the documents that are not clear or questions that might pertain the specifications or scope of work published. There are times when attendance at a proposal conference is mandatory and those conferences shall be specially noted when applicable.

6. Withdrawal of Proposal: At any time before the specified proposal due date and time, an Offeror may withdraw its proposal by way of written correspondence from the Offeror or its authorized representative.

7. Proposal Addenda: Receipt and acceptance of a Request for Proposal addendum shall be acknowledged by signing and returning the document either with the vendor’s proposal response or by separate envelope prior to proposal due date/time. Failure to sign and return an addendum prior to the proposal due date/time may result in the proposal being considered nonresponsive to that portion of the Request for Proposal and may result in rejection. For all addenda published, the City will send electronic notification to those companies who have downloaded the solicitation from the City’s web site. If a company receives the solicitation via a third- party plan holder organization, it will be the responsibility of the company to download the solicitation from the City’s web site to ensure that their company is included on any forthcoming addenda notification.

8. Compliance with City Solicitation Requirements: Unless stated otherwise in this Request for Proposal, the City reserves the right to award by individual line item, by group of items, or as a total at the City’s discretion. The City expressly reserves the right to waive any immaterial defect or informality, or reject any or all proposals, or portions thereof, or reissue this Request for Proposal.

9. Compliance of Proposal Offeror/Contractor Forms: Any documents or forms (including separate Contract, maintenance agreement or training agreement) intended by the Offeror to be utilized in any resulting Contract, must be submitted with proposal. Any documents inconsistent with or taking exception to the terms, conditions, specifications and/or other requirements stated within this Request for Proposal may cause the proposal to be considered as nonresponsive and rejected. No documents will be considered unless submitted with vendor’s proposal Offer and approved by the Procurement Office.

10. Responsiveness to Specifications: Performance or feature requirements which are designated as mandatory or minimums are needed in order to satisfy an identified task or performance need. A description is given for each designated feature. This description shall be used to determine if the Offeror's proposed product(s) and/or service(s) is/are capable of performing the function(s) specified in the Request for Proposal.

It is recognized that more than one method may be used to accomplish the sought-after task functionality. If Offeror has an alternate method of performing functional tasks, then Offeror shall list such method as an "alternate" and described in full detail within the proposal. The City shall be the sole judge as to whether any alternate methodology will be accepted.

"Must", "shall", "will", "minimum", "required" and/or "mandatory" performance/feature statements must be met or exceeded by the Offeror. Should no Offeror be found responsive to all designated Request for Proposal requirements, the City at its option, may either award the Contract to the most responsive Offeror or cancel the Request for Proposal and issue another Request for Proposal for the need under revised specifications. RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair 4 | Page

11. Questionnaire: Offeror must complete the Questionnaire portion of this Request for Proposal and provide any documentation required to support the answers. Questionnaire items, which are designated as mandatory, are needed to satisfy a required task or performance criteria. Items, which may be listed as desirable, are not required to be responsive to the Request for Proposal and will be relatively evaluated against other proposals in making a final award decision.

If supporting documentation is required, Offeror should provide the documentation in the sequence set forth in the Request for Proposal and ensure all technical literature and/or narrative explanations fully address the specifics of the question. Vague or disorganized responses that do not allow sufficient information for evaluation purposes may result in rejection of a proposal.

12. Clarifications and Negotiations with Offerors and Revisions to Proposal: Clarifications may be made with any submitting firm at any time during the evaluation phase of this procurement. Clarifications are not negotiations and may be utilized by the City to ensure thorough and complete understanding of, and responsiveness to, the solicitation requirements. Negotiations may be conducted with responsible Offerors who submit proposals determined to be reasonably susceptible of being selected for award. The purpose of negotiations is to allow the City and the Offeror(s) to revise initial Offers through an exchange or series of exchanges. Should the City elect to call for best and final offers, Offerors shall be accorded fair and equal treatment with respect to any opportunity for negotiations and revision of proposals, and such revisions may be permitted after submissions and prior to award. In conducting clarifications and negotiations there shall be no disclosure of any information derived from proposals submitted by competing Offerors. The purposes of such negotiations shall include but not be limited to:

A. Determine in greater detail such Offeror's qualifications;

B. Explore with the Offeror the scope and nature of the project, the Offeror's proposed method of performance, and the relative utility of alternate methods of approach;

C. Determine that the Offeror will make available the necessary personnel and facilities to perform within the required time; and

D. Agree upon compensation which is fair and reasonable, taking into account the estimated value of the required services, and the scope, complexity and nature of such services.

13. Proposal Opening: Proposals shall be opened at the time and place designated on the cover page of this Request for Proposals. The name of each Offeror and the identity of the Request for Proposal for which the proposal was submitted shall be publicly read and recorded in the presence of witnesses. Proposals, modifications and all other information received in response to this Request for Proposal shall be shown only to City personnel having a legitimate interest in its evaluation. Prices shall not be read. After Contract award, the proposals and the evaluation documentation shall be open for public inspection, except where the City has determined that specific portions of the proposal are confidential.

14. Technical Proposal Opening: Technical proposals (as received in step one of a two-step bidding process) shall be opened at the time and place designated on the cover page of this document. The name of each Offeror and the identity of the Request for Proposal for which the proposal was submitted shall be publicly read and recorded in the presence of witnesses. Proposals, modifications and all other information received in response to this Request for Proposal shall be shown only to City personnel having a legitimate interest in the evaluation. Evaluation documentation to substantiate technical proposal selection(s) shall be open for public inspection.

15. Proposal Evaluation and Award: The City shall determine whether a proposal meets the specifications and requirements of this Request for Proposal, at its sole discretion, and reject any proposals not meeting the intent or requirements set forth herein. Award(s) shall be made to the responsible Offeror whose proposal is determined in writing to be the most advantageous to the City, taking into consideration the evaluation factors set forth in the Request for Proposal. The City shall be the sole judge as to the acceptability of the products and/or services offered. The City reserves the right to reject any and all proposals.

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16. Award of Contract: A proposal shall constitute a binding Offer to Contract with the City based on the terms, conditions and specifications contained in this Request for Proposal. An Offeror shall become a Contractor only upon execution of a formal Contract from the Procurement Office. Unless this Request for Proposal includes separate Contract document(s) or requires the Offeror to submit a Contract Agreement for review, a Contract shall be formed when the Procurement Office provides a written notice of award or a purchase order to the successful Offeror. All terms and conditions of the Contract are contained herein, unless modified by an addendum approved by the City. Proposals that take exception to the terms, conditions, specifications and/or other requirements stated within this Request for Proposal may cause the vendor’s Offer to be considered non-responsive and rejected. Exceptions will be evaluated on an individual basis to determine compliance with the purpose and intent of the terms and conditions stated within this solicitation. The City shall be the sole judge as to whether an exception complies with the general purpose and intent of any term, condition and/or specification set forth herein.

17. Proposal Results: Offerors may attend the scheduled proposal opening at which the name of each Offeror will be publicly read. All other information contained in the proposals shall be kept confidential until the Contract is awarded. After award of Contract, an appointment may be made with the Procurement Officer to review proposal documents. Formal Contract award results shall be placed on the Procurement Office web page (www.tempe.gov/procurement) and posted at the front counter of the Procurement Office at the time the Contract award is approved by the City Council. Award recommendations may also be viewed via the City Clerk’s web site normally up to five (5) days prior to the scheduled City Council meeting by visiting (http://documents.tempe.gov/sirepub/?sort=meet_date .

18. Protests: Any actual or prospective Offeror who is aggrieved in conjunction with this Request for Proposal or award may protest the award to the Procurement Office. A protest based upon alleged improprieties in this Request for Proposal that are apparent before the proposal opening shall be filed prior to the proposal due date/time. A protest concerning an award recommendation must be filed within ten (10) business days after the date of award. Up to five (5) days before award of a contract, the Procurement Office will post award recommendations on the City Clerks website at (http://documents.tempe.gov/sirepub/?sort=meet_date) and at the Procurement Office front counter and web site for public review (www.tempe.gov/procurement). A protest shall be in writing and include the protester’s name, address and phone number, identification of the solicitation or Contract being protested, a detailed statement of the legal and factual grounds of the protest, including copies of all relevant documents and the form of relief requested. A protest is to be on the protester’s company letterhead and signed by the protestor or its authorized representative.

19. Delivery: All materials, equipment and/or products shall be delivered F.O.B. Destination/Installation to the City of Tempe per the location identified in the solicitation or purchase order.

20. Tax: Unless specified otherwise herein, sales, use or federal excise tax shall not be included in proposal pricing. The City is exempt from payment of federal excise tax. For proposal evaluation, transaction (sales) privilege tax paid to the City of Tempe (1.8%) is considered a pass-through cost, calculated as zero ($0) expense when comparing pricing among competing companies that are not located in Tempe but with a physical locations within the State of Arizona. For information on privilege (sales) tax, please contact the City's Tax and License Office at (480) 350-2955 or visit their web site at [email protected]

21. Payment: For a single requirement purchase, the City will endeavor to remit payment within thirty (30) calendar days from receipt and approval of acceptable products, materials and/or services and approval of correct invoice. For ongoing term Contract purchases, the City will endeavor to remit payment within thirty (30) calendar days from approval of invoice.

22. Discounts: Payment discounts periods shall be computed from the date of receipt of acceptable products, materials and/or services or correct invoice, whichever is later to the date payment is mailed. Discounts shall be taken on the full amount of the invoice, unless otherwise indicated. The City shall be entitled to receive any discounts offered by Offeror, if payment is made within the discount period.

23. Payment by City Procurement Card: The Procurement Office may elect to remit payment through the use of a City procurement card. Each Offeror may indicate on the Vendor’s Offer Page in this Request for Proposal its ability RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair 6 | Page

to accept City procurement card payments. The inability to accept payment by City procurement card will not disqualify a proposal. 24. Code Governance: Unless otherwise specified herein, the provisions of the Tempe City Code, Chapter 26A shall apply and govern this Request for Proposal.

25. Public Record: Proposals and all other documents submitted in response to this solicitation shall become the property of the City and shall be a matter of Public Record available for review following the Contract award. Material portions of the recommended Offer(s) as determined by the City may be posted to the City’s web site up to five (5) days prior to the City Council meeting.

26. Late Responses: The Offeror assumes responsibility for having the Proposal delivered on time at the place specified. All Offers received after the Solicitation Due Date and Time shall not be considered and will be returned unopened to the Offeror. The Offeror assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Tempe (with exception of Procurement staff) or any private courier. Offerors must allow adequate time to accommodate parking and accessing building in the event the Proposal is being hand delivered. All times referenced are Tempe, Phoenix local times. Respondents agree to accept the time stamp in the City Procurement Office as the official time.

27. Copying Responses: The Offeror hereby grants the City permission to copy all parts of its Offer including, without limitation, any documents and/or materials copyrighted by the Offeror. The City’s right to copy shall be for internal use in the evaluating the Offers.

28. Confidential Information and Public Record: After award of a Contract, proposals shall be available for public inspection, except to the extent that the withholding of information is required or permitted by law. Pursuant to A.R.S. § 35-214, and 41-1330 et seq., all records relating to the Request for Proposal and Contract shall be subject to inspection at all reasonable times by the City for five (5) years after completion of the Contract. Such records shall be produced by Bidder or Contractor at the time and place designated by the City.

A. If a person believes that an offer or specification contains information that should be withheld as confidential, a statement advising the procurement officer of this fact shall accompany the submission and the information shall be so identified wherever it appears. A general statement of confidentiality that is not appropriately referenced to a specific section of the proposal will not be sufficient to warrant protection by the City. The confidential portion of the submission must be clearly noted with accompanying justification for treating the section confidential. Failure of the vendor to appropriately designate confidential information in this manner will relieve the City of any obligation to protect this information as confidential.

B. The information identified by the person as confidential shall not be disclosed until the Procurement Office makes a written determination pursuant to A.R.S. § 121, et seq.

C. If the City determines to disclose the information, the Offeror shall be informed in writing of such determination. Notwithstanding the foregoing, following an award of Contract, all proposal response information shall be available for public inspection.

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Standard Terms and Conditions Please note that these Standard Terms & Conditions shall be fully complied with by Offeror. Failure to comply with these requirements may result in rejection of a proposal for non-responsiveness, or cancellation or termination of any awarded Contract.

1. Applicable Law: This Contract shall be governed by, and 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 Request for Proposal and resultant Contract, and all statutes, or ordinances pertaining specifically to the City. This Contract shall be governed by State of Arizona law and suits pertaining to this Contract may only be brought in courts located in Maricopa County, Arizona.

2. Arizona Climate Action Compliance: Offeror shall comply with all applicable standards, laws, rules, orders and regulations issued pursuant to A.R.S. §49-101, et seq., including but not limited to, Arizona Executive Orders Nos. 2006-13, 2005-02, and 2010-14 with regard to reducing GHG emissions, increasing energy efficiency, conserving natural resources and developing renewable energy sources.

3. Availability of Funds for the Next Fiscal Year: The City's obligation for performance of the Contract is contingent upon the availability of City, state and federal funds that are allocated or appropriated for payment obligations of the Contract. If funds are not allocated by the City or available for the continued use or purchase of services, work and/or materials set forth herein, the City may terminate the Contract. The City will use reasonable efforts to notify Contractor of such non-allocation affecting the obligations of the Contractor and/or City. The City shall not be penalized or adversely affected for exercise of its termination rights. Further, the City shall in no way be obligated or liable for additional payments or other damages as a result of such termination. No legal liability on the part of the City for any payment may arise for performance under this Contract.

4. Certification: By signing the “Vendor’s Offer”, the Offeror certifies:

A. The submission of the vendor’s proposal Offer response did not involve collusion or other anti-competitive practices.

B. Offeror agrees that it will comply with section 2-603(5) of the Tempe City Code (“TCC”), and will not refuse to hire or employ or bar or discharge from employment any person or discriminate against such person in compensation, conditions, or privileges of employment because of race, color, gender, gender identity, sexual orientation, religion, national origin, familial status, age, disability, or United States military veteran status. Offeror further agrees to provide a copy of its antidiscrimination policy to the Procurement Officer to demonstrate compliance with TCC section 2-603(5) or attest in writing to its compliance in accordance with the attached Affidavit of Compliance.

C. Offeror 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 “Vendor’s Offer” or signing it with a false statement shall void the submitted proposal and any resulting Contract. In addition, the Offeror may be barred from future proposal and bidding participation with the City and may be subject to such further actions as permitted by law.

D. The Offeror agrees to promote and offer to the City only those materials and/or services as stated and allowed by this Request for Proposal and resultant Contract award. Violation of this condition shall be grounds for Contract termination by the City.

E. The Offeror expressly warrants that it has and will continue to comply in all respects with Arizona law concerning employment practices and working conditions, pursuant to A.R.S. § 23-211, et seq., and all laws, regulations, requirements and duties relating thereto. Offeror further warrants that to the extent permitted by law, it will fully indemnify the City for any and all losses arising from or relating to any violation thereof.

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F. Contractor agrees and covenants that it will comply with any and all applicable governmental restrictions, regulations and rules of duly constituted authorities having jurisdiction insofar as the performance of the work and services pursuant to the Contract, and all applicable safety and employment laws, rules and regulations, including but not limited to, the Fair Labor Standards Act, the Walsh-Healey Act, and the Legal Arizona Workers Act (LAWA), and all amendments thereto, along with all attendant laws, rules and regulations. Contractor acknowledges that a breach of this warranty is a material breach of this Contract and Contractor is subject to penalties for violation(s) of this provision, including termination of this Contract. City retains the right to inspect the documents of any and all contractors, subcontractors and sub- subcontractors performing work and/or services relating to the Contract to ensure compliance with this warranty. Any and all costs associated with City inspection are the sole responsibility of Contractor. Contractor hereby agrees to indemnify, defend and hold City harmless for, from and against all losses and liabilities arising from any and all violations thereof.

G. If Contractor engages in for-profit activity and has 10 or more employees, and if this Agreement has a value of $100,000 or more, Contractor certifies it is not currently engaged in, and agrees for the duration of this Agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. Unless and until the U.S. District Court, District of Arizona’s injunction is lifted, A.R.S. § 35-393.01 is unenforceable.

5. Commencement of Work: Contractor is cautioned not to commence any work or provide any materials or services under the Contract until and unless Contractor receives a purchase order, Notice to Proceed, or is otherwise directed in writing to do so, by the City.

6. Confidentiality of Records: The Contractor shall establish and maintain procedures and controls that are acceptable to the City for the purpose of assuring that no information contained in its records or obtained from the City or from others in carrying out its functions under the Contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Contract. Persons requesting such information should be referred to the City. Contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under the Contract, unless otherwise agreed to in writing by the City.

7. Termination for Conflict of Interest: This Contract is subject to the cancellation provisions of A.R.S. § 38-511. The City may cancel this Contract within three (3) years after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Contract for the City becomes an employee or agent of the Contractor.

8. Contract Formation: This Contract shall consist of this Request for Proposal and the vendor’s proposal Offer submitted, as may be found responsive and approved by the City. In the event of a conflict in language between the documents, the provisions of the City’s Request for Proposal shall govern. The City’s Request for Proposal shall govern in all other matters not otherwise specified by the Contract between the parties. All previous contracts between the Offeror and the City are not applicable to this Contract or other resultant contracts. Any contracted vendor documents that conflict with the language and requirements of the City's solicitation are not acceptable and void the Contract.

9. Contract Modifications: This Request for Proposal and resultant Contact may only be modified by a written Contract modification issued by the Procurement Office and counter-signed by the Contractor. Contractors are not authorized to modify any portion of this solicitation or resulting Contract without the written approval of the Procurement Office and issuance of an official modification notice.

10. Contract Administration: Contractor must notify the designated Procurement Officer from the Procurement Office for guidance or direction on matters of Contract interpretation or problems regarding the terms, conditions or scope of this Contract. The Contract shall contain the entire agreement between the City and the Contractor and the Contract shall prevail over any and all previous agreements, contracts, proposals, negotiations, purchase orders or master agreements in any form.

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11. Cooperative Use of Contract: Any Contract resulting from this solicitation shall be for the use of the City of Tempe. In addition, public and nonprofit agencies that have entered into a Cooperative Purchasing Agreement with the City of Tempe’s Department of Procurement are eligible to participate in any subsequent Contract. Additionally, this Contract is eligible for use by the Strategic Alliance for Volume Expenditures (SAVE) cooperative. See http://www.mesaaz.gov/business/purchasing/save for a listing of participating agencies. The parties agree that these lists are subject to change. Any such usage by other municipalities and government agencies must be in accord with the ordinance, charter and/or rules and regulations of the respective political entity.

Any orders placed to, or services required from, the successful Contractor(s) will be requested by each participating agency. Payment for purchases made under this agreement will be the sole responsibility of each participating agency. The City shall not be responsible for any disputes arising out of transactions made by others. Contractor shall be responsible for correctly administering this Contract in accordance with all terms, conditions, requirements, and approved pricing to any eligible procurement unit.

12. Dispute Resolution: This Contract is subject to arbitration to the extent required by law. If arbitration is not required by law, the City and the Contractor agree to negotiate with each other in good faith to resolve any disputes arising out of the Contract. In the event of any legal action or proceeding arising out of this Contract, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs incurred with said fees and costs to be included in any judgment rendered.

13. Energy Efficient Products: The City may consider energy conservation factors including costs in the evaluation of equipment and product purchases for the purpose of obtaining energy efficient products. In addition, vendor proposal Offers may specify items that have been given an energy efficient classification by the federal government for consideration by the City.

14. Billing: All invoices submitted by Contractor for the City's review and approval shall be in itemized form to identify the specific item(s) being billed. Items must be identified by the name, model number, and/or serial number most applicable along with the correct unit cost. Any purchase/delivery order issued by the City shall refer to the Contract number resulting from this Request for Proposal. Separate invoices are required on individual contracts or purchase orders. Only invoices with items resulting from this Request for Proposal will be accepted for review and approval by the City.

15. Estimated Quantities: This Request for Proposal references quantities as a general indication of the City’s needs. The City anticipates considerable activity resulting from Contracts that will be awarded as a result of this Request for Proposal; however, the quantities shown are estimates only and the City reserves the right to increase or decrease any quantities actually acquired, in its sole discretion. No commitment of any kind is made concerning quantities and Offeror hereby acknowledges and accepts same.

16. Events of Default and Termination: A. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from the receipt of the written notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide written notice of the default does not waive any rights under the Agreement. The occurrence of any one or more of the following events shall constitute a material breach of and default under the Contract.

i) Any failure by Contractor to pay funds or furnish materials, services and/or goods that fail to conform to any requirement of this Contract or provide personnel that do not meet Contract requirements;

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ii) Any party’s failure to observe, perform or undertake any provision, covenant or condition of this Contract to be observed or performed by Contractor or City herein, including but not limited to failing to submit any report required herein;

iii) Any failure to make progress in the performance required pursuant to the Contract and/or gives either party reason to believe that the other party cannot or will not perform to the requirements of the Contract; or,

iv) Any failure of Contractor to commence construction, work or services within the time specified herein, and to diligently undertake Contractor’s work to completion.

B. In the event the default has not been corrected to the non-defaulting party’s satisfaction within the cure time specified, the non-defaulting party, at its option and in addition to any other remedies available by law or in equity, without further notice or demand of any kind to Contractor, may do the following:

i) Terminate the Contract;

ii) Pursue and/or reserve any and all rights for claims to damages for breach or default of the Contract; and/or,

iii) Recover any and all monies due from Contractor, including but not limited to, the detriment proximately caused by Contractor’s failure to perform its obligations under the Contract, or which in the ordinary course would likely result therefrom, including, any and all costs and expenses incurred by the City in: (a) maintaining, repairing, altering and/or preserving the premises (if any) of the project; (b) costs incurred in selecting and retaining a substitute Contractor for the purchase of services, materials and/or work; and/or (c) attorneys’ fees and costs in pursuing any remedies under the Contract and/or arising therefrom.

C. The exercise of any one of the City’s remedies as set forth herein shall not preclude subsequent or concurrent exercise of further or additional remedies. In addition, the City shall be entitled to terminate this Contract at any time, in its discretion. The City may terminate this Contract for default, non- performance, breach or convenience, or pursuant to A.R.S. § 38-511, or abandon any portion of the project for which services have not been fully and/or properly performed by the Contractor.

D. Termination shall be commenced by delivery of written notice to Contractor by the City personally or by certified mail, return receipt requested. Upon notice of termination, Contractor shall immediately stop all work, services and/or shipment of goods hereunder and cause its suppliers and/or subcontractors to cease work pursuant to the Contract. Contractor shall not be paid for work or services performed or costs incurred after receipt of notice of termination, nor for any costs incurred that Contractor could reasonably have avoided.

E. The City, in its sole discretion, may terminate or reduce the scope of this Contract if available funding is reduced for any reason.

F. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made, and no written assurance is given within the time period required, the City may treat this failure as an anticipatory repudiation of the Agreement.

17. Termination for Convenience: The City at its sole discretion may terminate this Contract for convenience with thirty (30) days advance notice to Contractor. Contractor shall be reimbursed for all appropriate costs as provided for within the Contract up to the termination date specified.

18. Force Majeure: A. Except for payment of sums due, neither party shall be liable to the other nor deemed in default under the Contract only in the event that and to the extent that such party’s performance of the Contract is prevented RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair 11 | Page

by reason of force majeure. Force majeure means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes acts of God, acts of the public enemy, war, riots, mobilization, labor disputes, civil disorders, fire, floods, lockouts, injunctions, failures or refusal to act by government authority, and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent by exercising reasonable diligence.

B. Force majeure shall not include the following occurrences:

i) 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.

ii) Late performance by a subcontractor.

C. 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 of the commencement thereof and shall specify the causes of such delay in the notice. Such notice shall be hand delivered or sent via certified mail and shall make a specific reference to this clause, 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 by hand delivery or certified mail when it has done so. 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 the Contract.

19. Gratuities: The City may elect to terminate any resultant Contract, if it is found that gratuities in any form were offered or given by the Contractor or agent thereof, to any employee of the City or member of a City evaluation committee with a view toward securing an order, securing favorable treatment with respect to awarding, amending or making of any determinations with respect to performing such order.

20. Indemnification: To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its agents, officer, officials, and employees from and against all claims, damages, losses and expenses (including but not limited to attorney's fees, court costs, and the costs of appellate proceedings), arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work, services, or professional services of the Contractor, its agents, employees, or any other person (not the City) for whose acts, errors, mistakes, omissions, work, services, or professional services the Contractor may be legally liable in the performance of this Contract. Contractor’s duty to hold harmless and indemnify the City, its agents, officers, officials and employees shall arise in connection with any claim for damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of any person or property, including loss of use resulting from, or caused by any acts, errors, mistakes, omissions, work, services, or professional services in the performance of this Contract by Contractor or any employee of the Contractor or any other person (not the City) for whose acts, errors, mistakes, omissions, work, or services the Contractor may be legally liable. The amount and type of insurance coverage requirement set forth herein will in no way be construed as limiting the scope of indemnity in this paragraph. This provision shall survive the term of this Contract.

21. Interpretation of Parole Evidence: This Contract is intended as a final expression of the agreement between the parties and as a complete and exclusive statement of the Contract, unless the signing of a subsequent Contract is specifically called for in this Request for Proposal. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in the Contract. Acceptance or acquiescence in a course of performance rendered under this Contract shall not be relevant to determine the meaning of the Contract, even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity to object.

22. Key Personnel: Contractor shall provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this Contract during the Contract term and any renewal periods. The Contractor must agree to assign specific individuals to the key positions.

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

B. If key personnel are not available for work under this Contract for a continuous period exceeding thirty (30) calendar days or are expected to devote substantially less effort to the work than initially anticipated, the Contractor shall immediately notify the City, and shall replace each person with personnel of substantially equal ability and qualifications upon prior City approval.

23. Licenses and Permits: Contractor shall maintain in current status and at its sole expense, all federal, state and local licenses and permits required for the operation of the business conducted by the Contractor and the provision of the services to be provided under the Contract.

24. No Assignment: No right or interest in this Contract shall be assigned by Contractor and no delegation of any duty of Contractor shall be made without prior written permission of the City, which consent may be granted or withheld in City’s unfettered discretion.

25. Notices: All notices, requests, demands, consents, approvals, and other communications which may or are required to be served or given hereunder (for the purposes of this provision collectively called "Notices"), shall be in writing and shall be hand delivered or sent by registered or certified United States mail, return receipt requested, postage prepaid, addressed to the party or parties to receive such notice as follows:

City of Tempe Procurement Office Attn: Procurement Officer 20 E. 6th Street (Second Floor) PO Box 5002 Tempe, Arizona 85280

[Contractor’s Name] [Attn of Offeror Named in Contract] [Address]

Or to such other address as either party may from time to time furnish in writing to the other by notice hereunder.

26. No Waiver: No breach of default hereunder shall be deemed to have been waived by the City, except by written instrument to that effect signed by an authorized agent of the City. No waiver of any such breach or default shall operate as a waiver of any other succeeding or preceding breach or default or as a waiver of that breach or default after demand by the City for strict performance of this Contract. Acceptance of partial or delinquent payments or performance shall not constitute the waiver of any right of the City. Acceptance by the City for any materials shall not bind the City to accept remaining materials, future shipments or deprive the City of the right to return materials already accepted. Acceptance by the City of delinquent or late delivery shall not constitute a waiver of a later claim for damages and/or bind the City for future or subsequent deliveries.

27. Overcharges by Antitrust Violations: The City maintains that, in actual practice, overcharges resulting from antitrust violations are borne by the City. 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/or services used to fulfill the Contract.

28. Performance Standards: Equipment shall operate in accordance with the performance criteria specified in the Request for Proposal, including the manufacturer's published specifications applicable to the equipment involved. Equipment is expected to be available for productive use, as provided in the procurement documents. Penalties and/or bonuses applicable to equipment and system performance, if any, shall be calculated as specified in the Request for Proposal.

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29. Preparation of Specifications by Persons Other Than City Personnel: No person preparing specifications for this Request for Proposal shall receive any direct or indirect benefit from the use of these specifications.

30. Procurement of Recycled Materials: If the price of recycled material that conforms to specifications is within five percent (5%) of the lower priced material that is not recycled and the recycled Offeror is otherwise the lowest responsive and responsible Offeror, the proposal containing recycled material shall be considered more advantageous; provided the item(s) to be obtained contains at least the minimum amount of recycled content material as defined in the City’s solicitation and sufficient funds have been budgeted for the purchase.

31. Provisions by Law: Each and every provision of law and any clause required by law to be in this 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.

32. Public Record: After award of Contract, proposal responses shall be considered Public Record and open for public inspection except to the extent the withholding of information is permitted or required by law. If an Offeror believes a specific section of its proposal response is confidential, the Offeror shall mark the page(s) confidential and isolate the pages marked confidential in a specific and clearly labeled section of its proposal response. The Offeror shall include a written statement as to the basis for considering the marked pages confidential and the Procurement Office will review the material and make a determination, pursuant to A.R.S. §§ 39-121, et seq., and 41-151, et seq. A general statement of confidentiality (boiler plate statement) that is not appropriately referenced to a specific section of the RFP will not be sufficient to warrant protection by the City. The confidential portion of the submission must be clearly noted with accompanying justification for treating the section confidential. Failure of the vendor to appropriately designate confidential information in this manner will relieve the City of any obligation to protect this information as confidential.

33. Records: Pursuant to provisions of Title 35, Chapter 1, Article 6 Arizona Revised Statutes §§ 35-214 and 36-215, Contractor shall retain, and shall contractually require each subcontractor to retain, all books, accounts, reports, files and other records relating to the acquisition and performance of the Contract for a period of five (5) years after the completion of the Contract. All such documents shall be subject to inspection and audit at reasonable times. Upon request, a legible copy of any or all such documents shall be produced at the offices of the City Attorney or Procurement Office.

34. Relationship of Parties: It is clearly understood that each party to this Contract will act in its individual capacity and not as an agent, employee, partner, joint venture, or associate of the other party. The Contractor is an independent Contractor and shall be solely responsible for any unemployment or disability insurance payments, or any social security, income tax or other withholdings, deductions or payments that may be required by federal, state or local law with respect to any compensation paid to the Offeror. An employee or agent of one party shall not be an employee or agent of the other party for any purpose whatsoever.

35. Rights and Remedies: No provisions of this Request for Proposal or in the proposal shall be construed, expressly or by implication, as a 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 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, shall not release the Contractor from any responsibilities or obligations imposed by the 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.

36. Safety Standards: All items supplied on this Contract must comply with the current applicable Occupational Safety and Health Standards of the State of Arizona Industrial Commission, the National Electric Code and the National Fire Protection Association Standards.

37. Serial Numbers: Proposals shall include equipment on which the original manufacturer's serial number has not been altered in any way. The City reserves the right to reject any and all equipment.

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38. 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.

39. Specially Designated Nationals and Blocked Persons List: Contractor represents and warrants to the City that neither Contractor nor any affiliate or representative of Contractor:

A. Is listed on the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Asset Control, Department of the Treasury (OFAC) pursuant to Executive Order no. 13224, 66 Fed. Reg. 49079 (“Order”);

B. Is listed on any other list of terrorists or terrorist organizations maintained pursuant to the Order, the rules and regulations of OFAC or any other applicable requirements contained in any enabling legislation or other related Order(s);

C. Is engaged in activities prohibited in the Order; or,

D. Has been convicted, pleaded nolo contendre, indicted, arraigned or custodially detained on charges involving money laundering or predicate crimes to money laundering.

40. Time of the Essence: Time is and shall be of the essence in this Contract. If the delivery date(s) specified herein cannot be met, Contractor shall notify the City using an acknowledgment of receipt of order and intent to perform without delay, for instruction. The City reserves the right to terminate this Contract and to hold Contractor liable for any cost of cover, excess cost(s) or damage(s) incurred as a result of delay.

41. Unauthorized Firearms & Explosives: No person conducting business on City property is to carry a firearm or explosive of any type. All Offerors, Contractors and subcontractors shall honor this requirement at all times and failure to honor this requirement shall result in Contract termination and additional penalties. This requirement also applies to any and all persons, including those who maintain a concealed weapons permit. In addition to Contract termination, anyone carrying a firearm or explosive device will be subject to further legal action.

42. Warranties: Contractor expressly warrants that all materials and/or goods delivered under the Contract shall conform to the specifications of this Contract and be merchantable and free from defects in material and workmanship, and of the quality, size and dimensions specified herein. This express warranty shall not be waived by way of acceptance or payment by the City, or otherwise. Contractor expressly warrants the following:

A. All workmanship shall be finest and first-class;

B. All materials and goods utilized shall be new and of the highest suitable grade for its purpose; and

C. All services will be performed in a good and workmanlike manner. Contractor’s warranties shall survive inspection, acceptance and/or payment by the City, and shall apply to the City, its successors, agents and assigns.

The Contractor agrees to make good by replacement and/or repair, at its sole expense and at no cost to the City, any defects in materials or workmanship which may appear during the period ending on a date twelve (12) months after acceptance by the City, unless otherwise specified herein. Should Contractor fail to perform said replacement and/or repair to City’s satisfaction within a reasonable period of time, City may correct or replace said defective or nonconforming materials and recover the costs thereof from Contractor. This warranty shall not operate to reduce the statute of limitations period for breach of contract actions or otherwise, or reduce or eliminate any legal or equitable remedies.

43. Work for Hire and Ownership of Deliverables: Contractor hereby agrees and covenants that all the results and proceeds of Contractor’s work and/or services for the Project specified herein, for Contractor and all of its agents, employees, officers and subcontractors, shall be owned by the City, including the copyright thereto, as work for hire. In the event, for any reason such results and proceeds are not deemed work for hire, Contractor agrees and RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair 15 | Page

covenants that it shall be deemed to have assigned to the City all of its right, title and interests in such results, proceeds and content to the City, without limitation. Contractor agrees to indemnify and hold the City harmless from and against all claims, liability, losses, damages and expenses, including without limitation, legal fees and costs, arising from or due to any actual or claimed trademark, patent or copyright infringement and any litigation based thereon, with respect to any work, services and/or materials contemplated in this Contract. Contractor agrees to pay to defend any and all such actions brought against the City. Contractor’s obligations hereunder shall survive acceptance by the City of all covenants herein as well as the term of the Contract itself.

44. Non-exclusive Contract: Any Contract resulting from this Request for Proposal shall be awarded with the understanding and agreement that it is non-exclusive and entered into for the sole convenience of the City. The City reserves the right to obtain like goods or services from another source.

45. Ordering Process: Upon award of a Contract by the Procurement Office, the City may procure the specific material and/or service awarded by the issuance of a purchase order to the appropriate Contractor. Each purchase order must cite the correct Contract number. Such purchase order is required for the City to order and the Contractor to deliver the material and/or service.

46. Shipping Terms: Prices shall be F.O.B. Destination to the delivery location(s) designated herein. Contractor shall retain title and control of all goods until they are delivered and the Contract of coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the Contractor. The City will notify the Contractor promptly of any damaged materials and shall assist the Contractor in arranging for inspection. Shipments under reservation are prohibited. No tender of a bill of lading shall operate as a tender of the materials.

47. Delegated Awards: In the event this Contract is administratively awarded via delegated authority as provided for in Section 26A-5 of the Procurement Ordinance, the Contractor acknowledges that a final Contract with the City of Tempe requires City Council approval and possibly the signature of the Mayor. Should this Contract be rejected by the City Council, Contractor agrees that it is immediately void and unenforceable against any party. The awarded firm(s) will be compensated only for any and all costs incurred up to the date of notification of such termination.

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Special Terms & Conditions and Instructions Proposals taking exception to Special Terms & Conditions and Instructions stated within this Request for Proposal may cause the Proposal to be considered nonresponsive and rejected.

1. City Procurement Document: This Request for Proposal is issued by the City. No alteration of any portion of this Request for Proposal by an Offeror is permitted and any attempt to do so shall result in vendor’s proposal Offer being considered nonresponsive and rejected. No alteration of any portion of a resultant Contract is permitted without the written approval of the Procurement Office and any attempt to do so shall be considered a breach of the Contract. Any such action is subject to the legal and contractual remedies available to the City inclusive of, but not limited to, Contract termination and/or suspension of the Contractor.

2. Offer Acceptance Period: To allow for an adequate evaluation, the City requires the vendor’s proposal Offer in response to this Request for Proposal to be valid and irrevocable for 120 days after the proposal due time and date.

3. Contract Type: Firm fixed price, Term, indefinite quantity.

4. Term of Contract: The term of the Contract shall commence on the date of award and shall continue for a period of one (1) year thereafter, unless terminated, canceled or extended as otherwise provided herein.

5. Contract Renewal: The City reserves the right to unilaterally extend the period of any resultant Contract for ninety (90) days beyond the stated term. In addition, the City at its option may renew for supplemental terms of up to a maximum of four (4) additional years. The period for any single renewal increment shall be determined by the Procurement Office. Such increment shall not be for more than a period of two (2) years each, unless the City is eligible to obtain a significant cost and/or supply advantage by a longer Contract renewal period.

6. Pricing:

A. Pricing accuracy and completeness are critical to the determination of an award. Offeror shall identify and price all items being proposed.

B. In the case of system proposals, Offeror shall identify all items which are required to make the system function in accordance with the specifications stated in the Request for Proposal.

C. If provided pricing pages do not cover all such items, the Offeror shall include an itemized listing of all required products and services in the Proposal required for all system equipment to be fully functional and in conformity with specifications stated in the Request for Proposal.

7. Price Adjustment:

A. The Procurement Office will review fully documented requests for price increases after the Contract has been in effect for 12 months. The requested price increase must be based upon a cost increase that was clearly unpredictable at the time of the Proposal and can be shown to directly affect the price of the item concerned. The Procurement Office will determine whether the requested price increase, or an alternative option, is in the best interest of the City. Advanced thirty (30) day written notification by Contractor is required for any price changes. All price adjustments will be effective on the first day of the month following approval or acceptance by the Procurement Office. After the City approves a price increase the Contractor shall not be eligible to receive an additional increase until 12 months from the date of the last approved price increase.

B. Price increase requests must be acknowledged in writing by the Procurement Office before becoming effective. If not acknowledged within thirty (30) days, Contractor shall contact the Procurement Office to ensure the price increase request was received.

C. The Contractor shall offer any published price reduction or if applicable to the Contract, profit sharing price advantage to the City concurrent with its announcement to other customers. A price reduction or profit- sharing price advantage may be offered at any time during the term of an awarded Contract and shall become effective upon notice and acceptance. The City shall likewise be given any special sales discounts

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offered to the general public, which exceed contracted price discounts extended to the City by the Contractor.

8. Multiple Awards: The City has a large number and variety of potential customer departments. In order to ensure that any ensuing Contracts will allow the City to fulfill current and future requirements, the City reserves the right to award Contracts to multiple companies. The actual utilization of any Contract will be at the sole discretion of the City. The fact that the City may make multiple awards should be taken into consideration by each Offeror.

9. Payments: Payment in full shall be made to the Contractor within thirty (30) days after receipt and acceptance of an itemized invoice, unless terms other than net thirty (30) days are offered as a discount, at the City’s sole discretion.

10. Insurance:

A. Insurance Required: Prior to commencing services under this Contract, Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries (including death) to persons and damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, subcontractors, or sub- subcontractors. For Offerors with self-insurance, proof of self-insurance with minimum limits expressed below must be submitted on proper forms for evaluation prior to award of Contract.

A Contract Award Notice or Purchase Order will not be issued to the Contractor until receipt of all required insurance documents by the Procurement Office with such documents meeting all requirements herein. In addition, before any Contract renewal, all required insurance must be on file with the Procurement Office. Contractor must submit required insurance within ten (10) calendar days after request by the Procurement Office or the award may be rescinded and another Offeror selected for award.

B. Minimum Limits of Coverage: Without limiting any obligations or liabilities, the Contractor, at its sole expense, shall purchase and maintain the minimum insurance specified below with companies duly licensed or otherwise approved by the State of Arizona, Department of Insurance and with forms satisfactory to the City. Each insurer shall have a current A.M. Best Company, Inc., rating of not less than A-VII. Use of alternative insurers requires prior approval from the City.

i. Minimum Limits of Insurance. Contractor shall maintain the following minimum limits:

a. Commercial General Liability

Commercial general liability insurance limit of not less than $1,000,000 for each occurrence, with a $2,000,000 general aggregate limit. The general aggregate limit shall apply separately to the services under this Contract or the general aggregate shall be twice the required per occurrence limit. The policy shall be primary and include coverage for bodily injury, property damage, personal injury, products, completed operations, and blanket contractual coverage, including but not limited to the liability assumed under the indemnification provisions of this Contract which coverage will be at least as broad as Insurance Service Office policy form CG0001 or its equivalent.

In the event the general liability policy is written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of the services as evidenced by annual certificates of insurance. In addition, the retro date shall be no later than the start date of the contract. The retro date shall be disclosed on the certificate of insurance.

Such policy shall contain a "severability of interests" provision.

b. Worker’s Compensation

The Contractor shall carry worker’s compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor employees engaged in the performance RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair 18 | Page

of services; and employer’s liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee and $500,000 disease policy limit.

In cases when services are subcontracted, the Contractor will require the subcontractor to provide worker’s compensation and employer’s liability to at least the same extent as provided by Contractor.

c. Automobile Liability

Commercial business automobile liability insurance with a combined single life or bodily injury and property damages of not less than $1,000,000 per accident regarding any owned, hired, and non- owned vehicles assigned to or used in performance of the Contractor services. Coverage will be at least as broad as coverage Code 1 "any auto". Insurance Service Office policy form CA0001 Y87 or any replacements thereof. Such coverage shall include coverage for loading and unloading hazards.

C. Additional Insured: The insurance coverage, except for workers compensation and professional liability coverage, required by this Contract, shall name the City, its agents, representatives, directors, officials, employees, and officers, as additional insureds, and shall specify that insurance afforded the Contractor shall be primary insurance. The additional insured wording on the commercial general liability policy will be at least as broad as Insurance Services Office policy forms CG2010 04/13 edition and CG2037 04/13 edition or their equivalent. The additional insured wording on the automobile liability policy will be at least as broad as Insurance Services Office policy form CA 20 48 or its equivalent. This provision and the naming of the city as an additional insured shall in no way be construed as giving rise to responsibility or liability of the City for applicable deductible amounts under such policy(s).

D. Coverage Term: 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 by the City. Failure to do so shall constitute a material breach of this Contract.

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

F. Claim Reporting: Any failure to comply with the claim reporting provisions of the policies or any breach of a policy warranty shall not affect coverage afforded under the policy to protect the City.

G. Waiver: The policies, including workers’ compensation, shall contain a waiver of transfer rights of recovery (subrogation) against the City, its agents, representatives, directors, officers, and employees for any claims arising out of the work or services of the Contractor.

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

I. Certificates of Insurance: Prior to commencing work or services under this Contract, Contractor shall furnish the City with certificates of insurance, or formal endorsements as required by the Contract, issued by the 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 or name and shall provide for not less than thirty (30) days advance notice of cancellation, termination, or material alteration. Such certificates shall be sent directly to: Contract Administrator, City of Tempe, P. O. Box 5002, Tempe, AZ 85280.

J. Copies of Policies: The City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the above policies and/or endorsements. The City shall not be obligated, RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair 19 | Page

however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, the City’s right to insist on strict fulfillment of Contractor’s obligations under this Contract.

11. Contractor’s Pollution Liability: Contractor’s pollution liability coverage with project-specific limits of $1,000,000 per loss and a $2,000,000 annual aggregate for losses caused by pollution conditions that arise from the operations of the Contractor as specified In the contract’s scope of work and which shall include: i. Bodily injury sickness, disease, death, mental anguish or shock; ii. Property damage, including physical injury, to or destruction of property Including loss of use, clean up costs, and loss of use of property not physically injured nor destroyed; and iii. Defense costs, including charges and expenses for investigation and claims adjustment.

12. Environmental Warranty: Contractor warrants that it is aware of and understands the hazards which are presented to persons, property, and the environment in Contractor’s performance of the transportation, storage, remediation and disposal services as described within the scope of work of this Contract. Contractor shall transport, store, remediate and dispose of such materials in full compliance with all applicable governmental laws, regulations and orders. If the scope of work or services requires off-site storage, treatment or disposal, the Contractor shall ensure that selected storage, treatment and disposal facilities described in the scope of work are appropriately licensed and permitted to store, treat and dispose of the waste, materials or hazardous substances detailed within the scope of work. In the event that any such facility loses its permitted status hereafter during the term of this Contract, the Contractor will immediately notify the City.

13. Job Site Requirements and Clean-Up: Contractor agrees and covenants to adequately protect the work site, adjacent property and the public in all phases of the work and/or services provided herein. Contractor shall be solely responsible for all damages or injuries due to action or neglect pursuant to this Section. Contractor shall maintain access to all phases of the project pending inspection by the City or its agent. Contractor hereby agrees to the following as to the job site:

A. Continually keep the job site free from debris, waste and accumulation of materials;

B. Immediately clean up any oil, fuel or chemical spills and take any and all remediation necessary;

C. Keep machinery clean and free of weeds and debris;

D. Remove all stains, smears and debris from finished surfaces;

E. Perform site preparation to limit the spread of weeds, debris and other nuisances prior to submission of final invoice to the City; and

F. Remove all equipment, materials, tools and Contractor’s personal property prior to submission of final invoice to the City.

Contractor shall respond within five (5) calendar days after notice by the City of any defects and/or maintenance requests to immediately remedy the condition of the job site. Should the Contractor fail to respond promptly as set forth herein, the City shall correct the job site at the expense of the Contractor, and recover all attendant costs.

14. Confined Space Work: The contractor shall comply with all applicable federal, state, local health and safety regulations, ordinances, and requirements. In addition, the following requirements are applicable for City construction projects. The contractor shall implement a permit-required confined space program as specified under 29 CFR 1910.146 for all work that encompasses a space that 1) is large enough and so configured that an employee can bodily enter and perform assigned work; 2) has limited or restricted means for entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry); and 3) is not designed for continuous employee occupancy.

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15. Conduct and Dress Code: The contractor's employees shall maintain proper conduct at all times while on City property. Employees shall maintain a professional demeanor and respect other personnel at the work site. Employees will be dressed appropriately for the work with badges or uniforms that identify them as employees of the contractor.

16 Hazardous Materials:

A. Contractor covenants and agrees that it shall, at all times during the term of the Contract, and at its sole cost and expense, comply with and assume sole responsibility and liability under all environmental laws applicable to use of or operations at the Project site by Contractor, its agents, assigns and/or employees. Contractor agrees that should it or any of its agents, assigns or employees know of (a) any violation of environmental laws relating to the Project site, or (b) the escape, release or threatened release of any hazardous materials in, on, under or about the Project site, Contractor shall promptly notify the City in writing of such, and that it will provide all warnings of exposure to hazardous materials in, on, under or about the Project site in strict compliance with all applicable environmental laws.

B. Contractor covenants and agrees that it shall at no time use, analyze, generate, manufacture, produce, transport, store, treat, release, dispose of or permit the escape of, or otherwise deposit in, on under or about the Project site, any hazardous materials, or permit or allow any of its agents, assigns or employees to do so.

C. Prior to use of the Project site the Contractor shall provide the City an inventory of all equipment and materials stored and/or to be stored at the Project site.

D. For purposes of this Contract, hazardous materials shall include but is not limited to, any and all substances, chemicals, wastes, sewage or other materials that are now or hereafter regulated, controlled or prohibited by any environmental laws, including without limitation, any (a) substance defined as a “hazardous substance”, “extremely hazardous substance”, “hazardous material”, “hazardous chemical”, “hazardous waste”, “toxic substance” or “air pollutant” by Federal laws, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9601, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq., the Toxic Substances Control Act, 15 U.S.C. §2601, et seq., and all amendments thereto, or other similar governmental restrictions; and (b) any chemical, compound, material, substance or other matter that: (i) is a flammable explosive, asbestos, radioactive material, nuclear material, drug, vaccine, bacteria, virus, hazardous waste, toxic substance, injurious by itself or in combination with other materials; (ii) is controlled, designated in or governed by any hazardous materials laws; (iii) gives rise to any reporting, notice or publication requirements under any hazardous materials laws; or (iv) gives rise to any liability, responsibility or duty on the part of the City or Contractor with respect to any third person under any hazardous materials laws.

17. Safety, Health and Sanitation: The contractor shall provide and maintain in a neat, sanitary condition such facility accommodations for the use by their employees as may be necessary to comply with the requirements and regulations of the Arizona State Department of Health or as specified by the Maricopa County Health Department, Sanitary Code.

The contractor shall be fully responsible for the safety of their employees, the public and property in connection with the performance of the work covered by this contract. The contractor(s) shall provide all safeguards, safety devices and protective equipment and be responsible for taking any needed actions to protect the life and health of their employees and the public during work activity. The contractor(s) shall also take any necessary actions as directed by the City Project Manager to reasonably protect the life and health of employees on this job and others coming into contact with the job site.

Precaution shall be exercised by the contractor(s) at all times for the protection of persons (including employees) and property. The contractor shall comply with the provisions of all applicable laws, pertaining to such protection RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair 21 | Page

including all Federal and State Occupational Safety and Health Acts, and Standards and Regulations promulgated thereunder.

18. Protection and Restoration of Property and Landscape: The contractor shall be responsible for all damage or injury to public or private property of any character, during the prosecution of the work resulting from any act, omission, neglect, or misconduct in its manner or method of executing the work or at any time due to defective work or materials. The contractor(s) responsibility will not be released until the project has been completed and accepted.

If damage is caused by the contractor, the contractor shall restore at no cost to the City, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or they shall make good such damage or injury in an acceptable manner. Further payments will be withheld until the City has inspected the corrected damage or injury and has signed-off the completion and acceptance.

Contractor shall not dump spoils or waste material on private or public property without first obtaining from the owner written permission for such dumping.

19. Responsibility for Work: The contractor shall properly guard, protect, and take every reasonable precaution necessary against damage or injury to all finished or partially finished work due to weathering action by the elements or from any other cause, until the entire portion of their respective contract obligation is completed and accepted by the City. The contractor(s) shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work before final acceptance at no cost to the City. Partial payment for any completed portion of work shall not release the contractor(s) from such responsibility.

20. Employees of the Contractor: No one except authorized employees of the Contractor is allowed on the premises of the City. Contractor employees are NOT to be accompanied in their work area by acquaintances, family members, assistants, or any other person unless said person is an authorized employee of the Contractor. Failure of Contractor to meet this requirement will result in permanent removal of employee performing work at the City sites.

21. Sub-Contractor(s): The City reserves the right to approve all sub-contractor(s). Contractor is responsible for all actions of sub-contractor(s). Contractor shall name sub-contractor(s) as additionally insured, in addition to the City on all required insurance documents.

22. Safety Apparel Used by Contractor Employees/Staff: Contractor’s employees/staff shall be required to wear safety apparel (i.e., eye, ear, face, protection, etc.) and appropriate clothing like long pants, long sleeve shirts, when using landscape equipment such as, but not limited to lawnmowers, blowers, weed wackers, etc. Monitoring of safer work performance will be performed by City staff.

22. Materials and/or Equipment: Materials and/or equipment, furnished by the City will be delivered or made available to the contractor(s) when necessary. The contractor(s) will be held responsible for all materials and/or equipment accepted by them and will make good any shortages, deficiencies or damages that may occur after such acceptance.

23. Project Data and Documents: The contractor shall be entitled to rely upon the accuracy of all data furnished by the City, which is or may be used by the contractor in the provision of services under this agreement. The contractor has the right to retain and use all data furnished, and all plans, designs, specifications and other work product created by the contractor during its provision of service under this Agreement.

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Scope of Work The City of Tempe (City) is issuing this Request for Proposal (RFP) to establish a one (1) year contract for cleaning, maintenance and repair of stormwater infrastructure and drywells on as needed basis for the City’s Municipal Utilities – Water Utilities Division. Any resultant contract shall be subject to renewal for subsequent periods as provided for within the Special Terms and Conditions of this RFP. Resulting contract(s) may also be available for use by other cities per the Special Terms and Conditions of this RFP.

Resulting contract shall be monitored under the supervision of the City Procurement Office and Water Utilities.

Estimated Annual Spend

Estimated annual spend is $50,000 but anticipated to increase as stormwater maintenance funding is acquired.

No minimum or maximum guarantee is made as to the size of a project(s) or the exact amount of work to be performed.

Multiple Awards

A primary and secondary award may be made as a result of this RFP. Multiple awards will ensure that any ensuing contracts allow the city to fulfill current and future requirements.

RFP Communications/Inquiries

Upon release of this RFP, all communications shall be directed in writing, via email, to the Procurement Officer listed below. No other agency official or employee is empowered to speak for the City or Agencies with respect to this procurement. Unauthorized contact with any employee of any department within the City of Tempe or other Agency may result in disqualification from the RFP process. Any oral communication will be considered unofficial and non-binding on the City or other Agencies.

The RFP number assigned to this Request MUST be contained in the subject line of all correspondence.

Contact the following individual for clarification of this RFP:

Shireen Boone Procurement Officer Tempe Procurement Office 480-350-8617 [email protected]

Specifications – (a) Stormwater Infrastructure and (b) Drywells

Contractor shall furnish all labor, equipment, supplies and supervision necessary to:

• (a & b) Operate a high-volume vacuum. • (b) Remove and replace filter material and hydro jet drywells. • (a & b) Remove silt/debris from drywells, bubbler boxes (drywell pre-treatment), catch basins, storm water mains, culverts, ditches and other portions of the municipal separate storm sewer system (“MS4”) as needed. • (a) Remove standing water and debris from storm water pumping stations. • (a) Remove silt/debris from box culverts. • (a) Remove silt/debris from drain pipes under roadways. • (a & b) Portable pumps to remove standing stormwater water. • (a & b) Re-secure stormwater infrastructure lids/grates after storm events and cleaning events. • (b) Conduct drywell maintenance and repairs.

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Contractor will provide all pedestrian and/or traffic control needed at the job site. See the City’s Traffic Barricade Manual (https://www.tempe.gov/home/showdocument?id=42019)

Night work must be approved by the City.

Potable water usage must be logged and provided to the City for accounting purposes. As long as appropriately air gapped, hydrant metering will not be required.

Downtime will not be paid by the City if Contractor’s vehicle is disabled while in the performance of any work at the City.

Contractor may tap into City water hydrants if they are accessible and provide load count to the Water Utilities Contract Administrator. Equipment shall arrive on site with full capacity of water and empty debris box.

No travel time to or from jobsite will be paid, (except to fill tank and empty debris box after work has commenced).

Response Time

Under normal conditions, contractor will be required to respond to the initial service call from the Water Utilities Contract Administrator within 24 hours.

Under normal conditions, contractor shall be required to commence work within 7 calendar days of authorization request and all work shall be completed within 21-calendar days after commencement of work. Any exceptions must be approved by the Water Utilities Contract Administrator.

Under emergency conditions, contractor shall be required to respond and commence work within 12 hrs.

Equipment Required (Minimum)

Vacuum Combination Truck to include 10 cubic yard debris tank. Jet pump rated at 2,000 PSI. On-board 1,000 gallon capacity water tank. Extendable boom feature. Vacuum system.

Service Truck to include all equipment necessary and required to support vacuum truck including: ladder(s), gas detector(s), oxygen/gas/chemical air monitor, traffic cones, flexible hose for pumps, assorted nozzles to complete various pipe cleaning services, complete tool kit, hose mending equipment, concrete repair tools.

Various sized portable water pumps capable of dewatering stormwater structures or standing water.

Cement mixer for concrete jobs.

Contractor will be responsible for all fluids that leak/spill from its owned/leased/rented equipment and vehicles. Leaks/spills not properly contained and/or captured to the satisfaction of City will be addressed by a reduction in the amount of payment equal to the cost incurred to remediate the leaks/spills.

Crew, Conduct and Dress Code

Contractor’s crew size shall be not less than two (2) people, at least one of which shall be a qualified supervisor/lead which has the appropriate work experience and training.

Contractor shall provide a qualified supervisor who shall be authorized by the Contractor to receive and put into effect promptly all orders, directions and instructions from the City or Contractor regarding the performance of the work specified in the contract.

Contractor shall furnish competent and adequately trained personnel to perform the work contained in the specifications of the contract.

The contractor's employees shall maintain proper conduct at all times while on City property. Employees shall respect other personnel at the work site. Abusive language, ethnic and racial slurs, sexual comments and jokes, shouting, and gestures RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair 24 | Page

toward other personnel will not be tolerated. Any occurrence will result in immediate action with possible dismissal of that employee. Employees will be neatly dressed with badges or uniforms that identify them as employees of the contractor.

Mobilization

Any and all mobilization costs are to be included in the unit prices on the price sheet. The City will not be responsible for any mobilization cost incurred by the successful contractor.

Demonstration of Services – Pre Contract Award

The City of Tempe reserves the right to request a demonstration of services. Bidder shall have ten (10) days from the date of request to provide the demonstration of services. Any services so requested shall be provided at no cost or obligation to the City of Tempe. Any demonstration provided shall create an express warranty that the whole of the services shall conform to the demonstration. The City will be the sole judge of service acceptability.

Equipment Identification

All equipment used by the Contractor must be clearly identified with the name of the company, on each side of the equipment, including personnel transportation vehicles.

Reporting

Contractor will be required to maintain a cleaning log for each item/site cleaned. Maintenance log shall include at a minimum the following: item/site, asset ID number (provided by the City), date of service, type of structure, service completed, and approximate volume of debris removed from each site. Invoices will include line item costs associated with each asset serviced and work performed.

Compliance with Laws

Contractor shall comply will all federal, state, and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Contract. The laws and regulations of the State of Arizona shall govern the right of the parties, the performance of this Contract, and any dispute hereunder. Any action relating to this Contract shall be brought in a court of the State of Arizona in Maricopa County. Any changes in the governing laws, rules, and regulations during the term of this Contract shall apply.

Permits

Contractor shall be responsible for obtaining and/or completing any and all permits required to perform services including confined space permits and right of way work permits at no additional cost to the City.

Driver’s License

Employees driving the Contractor's vehicles shall at all times possess and carry a valid vehicle operator's license as required and issued by the State of Arizona.

Confined Space Work

The contractor shall comply with all applicable federal, state, local health and safety regulations, ordinances, and requirements. The contractor shall implement a permit-required confined space program as specified under 29 CFR 1910.146 for all work that encompasses a space that 1) is large enough and so configured that an employee can bodily enter and perform assigned work; 2) has limited or restricted means for entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry); and 3) is not designed for continuous employee occupancy. This program must be submitted to the City for review.

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Electrical Work – Lockout/Tagout

The Contractor shall comply with all applicable federal, state, and local safety and health regulations, ordinances, and requirements. The Contractor shall comply with Occupational Safety and Health Administration regulations specified in 29 CFR 1926 Subpart K - Electrical, 29 CFR 1910 Subpart S - Electrical, and 29 CFR 1910.147 The Control of Hazardous Energy (Lockout/Tagout).

The Contractor is responsible for having qualified personnel to properly lock/out or tag/out electrical and mechanical equipment as deemed necessary per the above OSHA standard. Contractor’s personnel will be responsible for properly disconnecting and reconnecting electrical and mechanical equipment as required in the completion of the work.

The Contractor is responsible for adhering to the latest addition of NFPA – 70E, standards for electrical safety in the workplace.

Dumping and Disposal of Debris and Stormwater

The Contractor shall be directed by the City to dispose of the debris at a City location. The City will direct the contractor where to discharge the liquid phase. It may be discharged to the sanitary sewer or to the surrounding site if appropriate.

Disposal of Silt/Debris will be at 6600 S. Price Rd., Tempe, AZ 85283.

Pricing

Bidder must provide pricing in the format presented on the pricing pages. Pricing shall include all costs including furnishing all labor, supervision, mobilization, equipment and operators, tools, fuel, materials, disposal, forms, insurance, taxes and other items incidental which are necessary to perform the work as specified in this RFP.

From time to time work may be required that is not specifically itemized or mentioned in this RFP. The City must approve these projects in writing prior to time of work.

Payment

Payment will be made in full within thirty (30) days after receipt and acceptance of an itemized invoice from the Contractor and acceptance of work by the Water Utilities staff. If a subcontractor is used for any portion of the contract it is the responsibility of the prime Contractor to invoice for the subcontractor’s services. The City of Tempe will not pay subcontractor for services performed as part of this contract.

Reduction in Payment

Reduction in payment due to unsatisfactory service: Each month Contractor performance will be evaluated for satisfactory performance. If the performance for any portion of the scope of work is unsatisfactory and poor performance is clearly the fault of the Contractor (any service not performed which is required by contract), the amount of money charged for the work will not be paid until the work/repair has been done and accepted by the City as being satisfactory.

In the event the Contractor is deficient in any required service, the Contractor shall be notified to correct the deficiency within a specified time. If the Contractor fails to correct the deficiency within the time specified, the Water Utilities staff may have the service performed by City personnel or by a separate Contractor at the Contractor’s expense.

Questionnaire

Proposers are to be read and completely answer each question contain in the Questionnaire. The Questionnaire will be used to determine the qualifications of firm. The City is the sole judge as to determining what is in the best interest of the City.

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“Return this Section with your Response”

Specifications Proposal Questionnaire Questionnaire responses and supporting documentation provided will be used to evaluate the proposal. In order to evaluate an Offeror’s overall experience and competence to perform the Scope of Work described herein, the City may rely on additional resources beyond the information provided.

Please note that as used in this Questionnaire, “Your” refers to Bidder’s company. Please respond to all questions in an orderly manner. The answers will be used during the evaluation process.

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“Return this Section with your Response”

Minimum Requirements

A. Does your company have a vacuum combination truck to include 10 cubic yard debris tank. Yes No Jet pump rated at 2,000 PSI. On-board 1,000 gallon capacity water tank. Extendable boom feature. Vacuum system.

If not, provide explanation:

B. Does your company have a service truck to include all equipment necessary and required to Yes No support vacuum truck including: ladder(s), gas detector(s), oxygen/gas/chemical air monitor, traffic cones, , flexible hose for pumps, assorted nozzles to complete various pipe cleaning services, complete tool kit, hose mending equipment, concrete repair tools.

If not, provide explanation:

C. Does your company have Various sized portable water pumps capable of dewatering Yes No stormwater structures or standing water?

If not, provide explanation:

D. Does your company agree to be responsible for all fluids that leak/spill from its Yes No owned/leased/rented equipment and vehicles? Leaks/spills not properly contained and/or captured to the satisfaction of City will be addressed by a reduction in the amount of payment equal to the cost incurred to remediate the leaks/spills.

If not, provide explanation:

Company’s Experience and Expertise

1. Which service is your company providing an offer on?

a. Stormwater Infrastructure Cleaning, Maintenance, and Repair Services (other than drywell Yes No maintenance). Infrastructure to include, but not limited to, catch basins, slotted drains, scupper drains, culverts, ditches, pumping stations, and stormwater pipe.

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“Return this Section with your Response”

b. Drywell Cleaning, Maintenance, and Repair Services Yes No

2. Can your company provide all of the following services: (a ) Stormwater Infrastructure and (b ) Drywells

Response:

3. What is the complete street address of your office from which this City of Tempe contract will be administered? Please note that the City does require at least one complete street address.

Response:

4. What is the address from which invoices will be sent from, and payments should be sent to?

Response:

5. Who is your assigned Contract Manager/Project Manager to the City of Tempe?

Name:

Phone:

Cellular Phone:

E-mail Address:

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“Return this Section with your Response”

6. Describe your company’s (and subcontractor’s) experience, expertise, and qualifications in performing the services your company is bidding on:

6a. • Storm Infrastructure Cleaning, Maintenance, and Repair Services (other than drywell maintenance). Infrastructure to include, but not limited to, catch basins, slotted drains, scupper drains, culverts, ditches, pumping stations, and stormwater pipe.

Response:

6b. • Drywell Cleaning, Maintenance, and Repair Services

Response:

7. Provide information on any subcontractor your company will use to perform services under the scope of this RFP, and include two (2) references for each.

Response:

8. Does your company have all required Federal, State, and local certifications, licenses, and Yes No permits required for the operation of the business conducted by the Contractor?

If not, provide explanation:

9. Are all certifications, licenses and permits current? Yes No

If not, provide explanation:

10. What certifications, licenses, and permits do you currently have?

Response:

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“Return this Section with your Response”

11. Will your company perform all work for this contract in conformance with all OSHA, Federal, Yes No State, County, and City safety requirements?

If not, provide explanation:

12. Does your company have the minimum equipment required to perform the services in this Yes No RFP?

If not, provide explanation:

13. Will your company provide all required reports as indicated in this RFP? Yes No

If yes, provide samples that meet the City’s reporting requirements provided in the Scope of Work. See the Checklist provided later in this RFP for more instructions.

If not, provide explanation:

14. Provide all of the warranties and guarantees your company offers for the services listed in this RFP? A response of “see attached” is not acceptable. Firms must explain their warranties/guarantees below, however may also include the written terms under Tab 7 in submittal.

Response:

15. Has your company ever defaulted on a similar type of contract? Yes No

If yes, provide explanation:

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“Return this Section with your Response”

16. Do you agree to the Terms and Conditions, Scope of Work and Specifications of this RFP?

____Yes _____No.

If No, provide the term below, redlining to modify and an explanation why. NOTE: Taking exception to any term in this RFP may cause the Proposal to be considered nonresponsive and rejected.

Response:

17. If awarded, will your company allow other government agencies to utilize this contract? Yes No

If not, provide explanation:

18. List two (2) customer references for which your firm has performed the services requested in this RFP (government and/or large business preferred).

18.1 Reference One:

Name of Firm:

Contact Person:

Contact Person Email

Telephone Number:

Services Provided

18.2 Reference Two:

Name of Firm:

Contact Person:

Contact Person’s Email

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“Return this Section with your Response”

Telephone Number:

Services Provided

19. Do you have an Arizona Transaction Privilege Tax License to collect Arizona sales tax?

Response:

20. If selected, will your company provide invoices in electronic format?

Response:

21. If yes, can these documents be modified to a specific City of Tempe electronic format?

Response:

22. Provide a copy of the Permit Required Confined Space Program as specified under 29 CFR 1910.146. Include under tab 7 in your proposal as instructed on the Checklist in this document. Offeror’s Confined Space Program will be evaluated by the City’s Risk Manager or designee.

23. Provide any additional information that may be of interest to the City regarding your company and the services that you offer.

Response:

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“Return this Section with your Response”

Personnel’s Experience and Expertise

1. List designated Project Manager who will be responsible for managing all work provided by any resulting contract. (This individual shall be considered "Key Personnel.") Please submit resume with response (see Checklist for further details, located in this RFP document). Contract Manager Name:

Phone Number:

Cell Phone Number:

E-mail address:

2. List the project team to work on the City’s contract (if currently known), and provide a resume or short bio for each person (see Checklist for further details, located in this RFP document).

Response:

3. List the personnel and the number of years of experience they have under each category below

3a. Storm Infrastructure Cleaning, Maintenance, and Repair Services (other than drywell maintenance). Infrastructure to include, but not limited to, catch basins, slotted drains, scupper drains, culverts, ditches, pumping stations, and stormwater pipe:

Response:

3b. Drywell Cleaning, Maintenance, and Repair Services:

Response:

4. Provide any additional information that may be of interest to the City regarding your personnel.

Response:

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Evaluation Criteria Proposals will be reviewed by an Evaluation Committee consisting of City staff using the criteria and process outlined below.

Evaluation Process

1. The Procurement Office will verify that all proposals meet the requirements to be considered responsive. Responses that do not comply with any mandatory or minimum requirements will be considered non-susceptible for award and not forwarded to the Evaluation Committee for scoring.

2. The Evaluation Committee will review and score all responsive proposals and rate them based on the committee’s scores. Any proposals determined to score outside of the competitive range may be removed for non-susceptibility. Remaining Offerors may be invited for interviews, negotiations, site visits, demonstrations, and best and final offers as determined at the sole discretion of the City.

It is important to note that firms may be removed for non-susceptibility anytime during the evaluation process and not just at the specific points noted above.

The table below provides the evaluation criteria to be used in evaluating the offers. The award criteria align with the questionnaire and will include the evaluation of responses to each of the criteria. This table is for informational purposes only and will be used by the City’s evaluation committee to determine contract award.

*** FOR CITY USE ONLY Mandatory Requirements Pass Fail

______

Evaluation Criteria Weight X Rating = Points

1. Price 40% = ______

2. Company’s Experience and Expertise

• Experience • References • Warranties • Compliance with Terms and Conditions 35% X ______= ______

3. Personnel’s Experience and Expertise

• Experience and Qualifications 25% X ______= ______

Sub Total 100% _____

4. Demonstration of Services or interviews (if the City determines 200 Points X ______= ______this is needed) Possible

Final Total Points 1,200 Points _____ Possible

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This proposal will be evaluated on a cumulative point system using the rating scale shown below (fractional points may be selected within this range). Scoring Outstanding . . . 9 to 10

Good . . . 7 to 8

Average 4 to 6

Poor or Unacceptable 0 to 3

To evaluate the price portion of the above criteria, the City may elect to evaluate each company on a percentage basis of the lowest cost Offer. The formula would be: (Lowest Priced Offer/Evaluated Offeror’s Price) X Points Possible = Evaluation Points.

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Pricing Section Provide pricing on the Excel document attached to this RFP.

* Applicable Tax %

* State correct jurisdiction to receive sales tax on the Vendor's Offer, included in this Request for Proposal. Less prompt payments discount terms of % days/ or net thirty (30) days. (To apply after receipt and acceptance of an itemized monthly statement.) For evaluation purposes, the City cannot utilize pricing discounts based upon payments being made in less than thirty (30) days from receipt of statement.

Ordering and Invoice Instructions

Invoices shall be issued directly to the ordering department. Invoices shall be accurate and complete including the information shown below. Failure to provide a properly documented invoice may cause a delay in receipt of payment. The City will not process an invoice for payment until it has been approved by the ordering department and forwarded to Accounts Payable. The City endeavors to process invoices within 30 days after receipt of an accurate and complete document.

Invoices shall include:

1. Line item listing of all ordered items to include description of items; 2. Unit cost and extended cost for each line item; 3. Applicable Tax; 4. Payment Terms; 5. Purchase Order Number; 6. Name of selling organization clearly stated on invoice along with address; 7. Phone number and or e-mail address for contact person to clarify invoicing questions;

Invoices that do not follow the above minimum invoicing requirements will not be paid. Payment must be applied to only invoices referenced on check/payment stub. The City reserves the right to process payments via check or P-Card.

Accounting Contacts: Yesenia Loredo-Flores Letters A – H and Numbers Ramona Zapien Letters I – Z

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“Return this Section with your Response”

Vendor’s Offer Offeror must complete, sign and submit an original of this form to the Procurement Office with the proposal response. An unsigned “Vendor’s Offer”, late proposal response, and/or a materially incomplete response will be considered nonresponsive and rejected. Offeror is to type or legibly write in ink all information required below.

Company Name:

Company Purchase Order Mailing Address:

Street Address:

City, State, Zip:

Contact Person: Phone Number:

E-mail Address: Cell Number:

Remit to Information

Company Name (as it appears on invoice):

Company Payment Remit to Address:

Street Address:

City, State, Zip:

Company Tax Information

If a Tempe-based firm, provide Tempe Transaction Privilege (Sales) Tax No.:

Payment Options

Will your company accept the City’s Master Card for payment? Yes No

Will your company accept Payment via ACH (Automated Clearing House) for payment? Yes No

THIS PROPOSAL IS OFFERED BY

REQUIRED SIGNATURE OF AUTHORIZED OFFEROR (MUST SIGN IN INK) By signing this Vendor’s Offer, Offeror acknowledges acceptance of all terms and conditions contained herein and that prices offered were independently developed without consultation with any other Offeror or potential Offeror. Failure to sign and return this form with proposal response will be considered nonresponsive and rejected

Signature of Authorized Offer Date

Print or Type Name of Authorized Individual Title of Authorized Individual

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Anti-Discrimination Policy

COMPLIANCE WITH CITY’S ANTIDISCRIMINATION ORDINANCE NO. 02016.25 ______The Tempe City Council approved Ordinance No. 02016.25 that requires vendors who are being recommended for award to provide evidence of their compliance with the City’s antidiscrimination policy as shown below:

Sec. 2-601. Policy.

It is declared to be the policy for the citizens of Tempe, Arizona, to be free from discrimination in public accommodations, employment, and housing, and contrary to public policy and unlawful to discriminate against any person on the basis of race, color, gender, gender identify, sexual orientation, religion, national origin, familial status, age, disability, or United States military veteran status, in places of public accommodation, employment, and housing; and contrary to the policy of the city and unlawful for vendors and contractors doing business with the city to discriminate, as set forth in this article.

Sec. 2-603. Unlawful Practices.

The following shall constitute a violation of this article:

For a city vendor or city contractor, because of race, color, gender, gender identify, sexual orientation, religion, national origin, familial status, age, disability, or United States military veteran status, to refuse to hire or employ or bar or discharge from employment any person, or to discriminate against such person in compensation, conditions, or privileges or employment. City vendors and contractors of fifteen (15) or more employees shall provide a copy of its antidiscrimination policy to the Procurement Officer to confirm compliance with this article. Employers having fourteen (14) or less employees may attest in writing to compliance with this article.

Vendor Requirements

Vendors who have fifteen (15) or more employees shall include with their bid/proposal submittal a copy of its antidiscrimination policy that must mirror the City’s policy as stated above. Suppliers who have fourteen (14) or less employees may include their antidiscrimination policy or complete a written affidavit of compliance per the attached.

To be completed by responding company and returned with submittal:

_____ Our company has 15 or more employees and has included its antidiscrimination policy that mirrors the City’s policy;

_____ Our company has fourteen (14) or less employees and is attaching the signed AFFIDAVIT OF COMPLIANCE WITH TEMPE CITY CODE CHAPTER 2 ARTICLE VIII SECTION 2-603(5).

Please include this document along with the company’s antidiscrimination policy or the completed affidavit with offer submittal

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Only complete this document if you have 14 or less employees. AFFIDAVIT OF COMPLIANCE WITH TEMPE CITY CODE CHAPTER 2 ARTICLE VIII SECTION 2-603(5)

______Per Tempe City Code Chapter 2 Article VIII Section 2-603(5), it is unlawful for a City vendor or City contractor, because of race, color, gender, gender identity, sexual orientation, religion, national origin, familial status, age, disability, or United States military veteran status, to refuse to hire or employ or bar or discharge from employment any person, or to discriminate against such person in compensation, conditions, or privileges of employment.

City vendors and contractors shall provide a copy of their antidiscrimination policy to City to confirm compliance with this requirement or attest in writing to compliance.

. CONTRACTOR means any person who has a contract with the City.

. VENDOR means a person or firm in the business of selling or otherwise providing products, materials, or services.

CONTRACTOR/VENDOR, select one:

_____ Current copy of antidiscrimination policy attached

_____ I hereby certify ______(contractor/vendor) to be in compliance with Tempe City Code Chapter 2 Article VIII Section 2-603(5).

______Date: ______Signature

______Print Name Title

______Company

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Checklist for Submittal The following checklist has been provided to assist you in submission of your offer.

This list should not be considered complete, other information or documents may be necessary as part of your submission.

The items listed are the primary documents and information that should be completed and/or included with your proposal.

Please include any additional information or documents that will clarify your submittal.

Submittal Guidelines

• One signed and complete original proposal. • Two (2) complete hard copies of the proposal. • One (1) thumb drive with the entire proposal included. • All submittals are to be prepared on 8 1/2" X 11" paper. • Bound and tabbed as follows:

TAB DESCRIPTION INCLUDED City Use NUMBER √

1. Vendor’s Offer – Has been signed and included with proposal

2. Addendums signed and included (if applicable)

3. Excel Price Sheet completed and included

4. Questionnaire completed and included

5. Example of Report (see Reporting section in the Scope of Work)

6. Provide “Confined Space Entry Program” (see Questionnaire #22)

7. Questionnaire supporting documentation (if applicable). Include the Questionnaire section and number on each document

8. Signed and completed Affidavit of Compliance with Tempe City Code Chapter 2 Article VIII Section 2-603(5) and Company’s Antidiscrimination policy documents (if applicable)

9. Proposal Checklist included (this document)

Alert – If you received this solicitation via a third-party plan-holder company and did not directly download it from the City of Tempe’s Procurement home page you might not have received any addendums that were published during the bidding period. To ensure you are notified of addendums it is critical that you download this solicitation from the City’s web site per the below link: https://ww2.tempe.gov/bids/

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Package Label

Please cut out and attach the following label to the outside of your submission.

RFP 20-028 DESCRIPTION: Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair Due Date: November 25, 2019

Submitting Firm:

When dropping off at the Procurement office, dial 8329 for assistance.

Proposal response must be in the possession of the City of Tempe Procurement Office by the stated due date and time.

US Mail parcels sent to the City of Tempe PO Box may not be delivered to the Procurement Office for 24 hours or more after receipt by the City because of internal mail processing procedures. Please keep this potential time delay in mind when US Mail Service is utilized.

Delivery addresses are shown below for your convenience.

If sending via US Mail: If sending via courier, FedEx, UPS or hand delivery:

Shireen Boone Shireen Boone City of Tempe City of Tempe Financial Services/Procurement Office Financial Services/Procurement Office P O Box 5002 20 E Sixth St. (2nd Floor) Tempe, AZ 85280 Tempe, AZ 85281

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ITEM 8. B.

TOWN OF FOUNTAIN HILLS

STAFF REPORT

Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving the First Amendment to contract C2019-004 between the Town and Sunline Contracting, LLC, for pavement markings.

Staff Summary (Background) The formation of the Pedestrian and Traffic Safety Committee in early 2019, provided an opportunity for staff to receive input, guidance and direction from Councilmembers, Town Manager, and Town Engineer on implementing additional safety features for streets and sidewalks including enhanced pavement markings. Direction from the committee has produced positive results that include the addition of continentals (piano keys at all marked crosswalks), reflective thermoplastic for longitudinal markings, rumble strips at key locations, and raised pavement markers on all arterial and collector streets.

Additional measures have included more frequently refreshed existing lane lines on arterials and collector’s streets throughout the Town. As a result of these new and enhanced safety measures, staff is requesting an increase in the contract for pavement makings, reflectors, rumble strips, and other similar safety features from $50,000.00 annually to $100,000.00 annually.

Related Ordinance, Policy or Guiding Principle The Public Works Department is dedicated to enhancing the quality of life in Fountain Hills by ensuring the construction of quality infrastructure and maintenance of roadways, sidewalks and traffic control devices.

Risk Analysis Highly reflective pavement markings play an important role in providing guidance and information to the public when driving on Town streets. Failure to increase the contract amount could delay the maintenance and implementation of pavement markings for streets and crosswalks.

Recommendation(s) by Board(s) or Commission(s) This request is consistent with recommendations previously made by the Council Subcommittee on Pedestrian and Traffic Safety relating to pavement markings and other enhancements. Staff Recommendation(s) Staff recommends approval of the First Amendment to contract C2019-004 between the Town and Sunline Contracting, LLC.

SUGGESTED MOTION MOVE to approve the First Amendment to contract C2019-004 with Sunline Contracting LLC, in the amount of $100,000.00, annually.

Attachments First Amendment to Cooperative Purchasing Agreement 2019-004 Underlying City of Goodyear Cooperative use agreement. Form Review Inbox Reviewed By Date Public Works Director (Originator) Justin Weldy 02/25/2021 09:24 AM Finance Director David Pock 02/25/2021 09:37 AM Town Attorney Aaron D. Arnson 02/26/2021 07:34 PM Town Manager Grady E. Miller 03/03/2021 05:17 PM Form Started By: Justin Weldy Started On: 02/25/2021 08:45 AM Final Approval Date: 03/03/2021 Contract No. 2019-04.01

FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SUNLINE CONTRACTING LLC

THIS FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this “First Amendment”) is entered into as of March 16, 2021, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Sunline Contracting LLC, an Arizona limited liability company (the “Contractor”).

RECITALS

A. After a competitive procurement process, City of Goodyear (the “City”) entered into Contract No. CON 18-4140, with an effective date of April 9, 2018, (the “City Contract”), for the Contractor to provide pavement marking and related services. All of the capitalized terms not otherwise defined in this First Amendment have the same meanings as defined in the City Contract.

B. The Town and the Contractor entered into a Cooperative Purchasing Agreement June 19, 2018 based upon the City Contract, for the Contractor to provide the Town with pavement marking and related services. (the “Services and Materials”).

C. The Town has determined that it is necessary for the Contractor to perform additional services (the “Additional Services and Materials”), and the Town and the Contractor desire to enter this First Amendment to provide for compensation to the Contractor for the Additional Services and Materials.

AGREEMENT

1. Compensation. The Town shall increase the annual compensation to Contractor by not more than $50,000.00, from $50,000 to $100,000.00, for the Additional Services and Materials at the rates set forth in the City Contract and incorporated herein by reference, resulting in an increase of the aggregate not-to-exceed compensation from $120,000.00 to $320,000.00.

2. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect.

3. Non-Default. By executing this First Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived.

4. Israel. Contractor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in Ariz. Rev. Stat. § 35-393, of Israel.

5. Conflict of Interest. This First Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511.

[SIGNATURES ON FOLLOWING PAGES]

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

“Town”

TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation

Grady E. Miller, Town Manager

ATTEST:

Elizabeth A. Burke, Town Clerk

APPROVED AS TO FORM:

Aaron D. Arnson, Town Attorney

[SIGNATURES CONTINUE ON FOLLOWING PAGE]

“Contractor”

SUNLINE CONTRACTING LLC, a(n) Arizona limited liability company

By:

Name:

Title:

Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road '.Æ- P.O. Box 5100 Offer and Acceptance Goodyear, AZ 85338 Goödyear Contract No. CON 18-4140 Phone: 623-882-7834

DESCRIPTION OF SERVICES: Pavement Marking Services - Installation/Removal OFFER *~:=.''I~*,"-I To the Citv of Goodyear: The undersigned Contractor hereby offers and agrees to furnish the Services and/or material(s) in compliance with this Contract, as the term Contract is defined in this document. Bv sižning and submitting this Offer, Contractor certifies and warrants that Contractor: has read, understands made and agrees to comply with the Contract as defined here; has no known, undisclosed conflict of interest; has not has or have an offer of any gift(s), payment

Ebull'yl®_ Approved as tÿ form: Mawfeen·67€*, City Clerk *©- -Dùruk- Vvìee~raí~IC~í) tílí/// City Seal ì\\111!l//'.. 'llf Roric ©Ý. Ý sc) oo Masšey, City Attorney ~/' Official File 4> O /~ :.....* ža ~ + ~'GP 44 %. 7 ° /š' 5 1946

~:. Oo: î.9> tè,> Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 67 of 71 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 Phone: 623-882-7834 CITY OF Bid Goodyear Invitation For

Solicitation Number: 18-4140

Materials and/or Service: Pavement Marking Services - Installation/Removal

Solicitation Due Date: January 25, 2018 Time: 3:00 pm (Arizona Time)

Mailing Address: City of Goodyear, City Hall Front Desk 190 North Litchfield Road P.O. Box 5100 Goodyear, AZ 85338

Procurement Specialist: Dora Chavez Phone: (623) 882-7834 Email: [email protected]

All bids must be received by the City of Goodyear, City Hall Front Desk, at the specified location by the date and time cited above. Late bids will not be considered. Bids received by the correct date and time shall be publicly opened and read. Bidders are advised to carefully read the entire Solicitation Package. Bids that do not comply with all Instructions to Bidders may be disqualified.

Solicitation packages can be obtained by downloading from the City of Goodyear's website: www.goodyearaz.gov and following these instructions: Enter City website, click on BUSINESS, click on Vendor Services/Procurement, click on Solicitations for Bids/Proposals, click on IFB 18-4140. Should you experience problems downloading the solicitation, contact Dora Chavez, at the above email address.

Attendance at the Pre-Bid Conference is ngí mandatory; however, Bidders are strongly encouraged to attend. Offerors are also strongly encouraged to read entire solicitation prior to Pre-Bid Conference. Copies of the solicitation will not be handed out at the Pre-Bid.

Pre-Bid Conference: January 11, 2018 at 10:00 am (Arizona Time)

Pre-Bid Location: City of Goodyear, City Hall 190 N. Litchfield Rd. Goodyear, AZ 85338

All communications concerning this solicitation must be directed to responsible procurement staff person identified above, via email only. Communications with other city staff may disqualify you from the evaluation process.

OFFERORS ARE STRONGLY ENCOURAGED TO READ THE ENTIRE SOLICITATION

Published in the Arizona Republic Southwest Section on: 1/5/18, and 1/10/18 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 Phone: 623-882-7834 GoodfearCITY OF Table of Contents

SECTIONS PAGE

Notice Page 1

Table of Contents 2

Instructions to Bidders 3

Standard Terms and Conditions 7

Special Terms and Conditions 22 Specifications 25

Fee Schedule 61

Offer and Acceptance 67

ATTACHMENTS

Exhibit 1 - Daily Work Quantity Report (Sample) 68

Exhibit 2 - References 71

Solicitation No: IFB 18-4140 www. goodyearaz.gov 1 Page 2 of 71 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338

"" Phone: 623-882-7834 .NžCITY OF Instructions to Bidders Goodyear

1. PREPARATION OF OFFER a. It is the responsibility of all Bidders to examine the entire solicitation package and seek clarification from the responsible Procurement Specialist of any item or requirement that may not be clear, and to check all responses for accuracy before submitting a bid.

b. All offers shall be on the forms provided in the solicitation package. It is permissible to copy these forms if required. Telegraphic (facsimile) or email bids will not be considered

c. The Offer and Acceptance document shall be returned with the submittal with an original blue ink signature by a person authorized to sign the Offer. Pricing documents and other documents which require information to be filled in must be done in ink, typewritten or computer printed. No bids will be accepted if pencil is used. Erasures, interlineations, or other modifications in the bid shall be initialed in original blue ink by the authorized person signing the bid.

d. It is the Bidder's responsibility to obtain a copy of any addenda relevant to this solicitation. Failure to submit addenda with the solicitation response may be grounds for deeming a bid non-responsive.

e. Bids shall be submitted in a sealed envelope provided by the Bidder, and should include the Bidder's name, address and solicitation number on outside of the sealed envelope/package.

f. Periods of time, stated as a number of days, shall be calendar days.

g. It is the responsibility of the Bidder to submit the bid at the place and by the time provided in the solicitation.

h. Negligence in preparing a bid confers no right of withdrawal after the due date and time ofthe bid. No bid shall be altered, amended, or withdrawn after the specified offer due date and time.

i. Offers shall include all costs as described and indicated by the specifications. The City is exempt from Federal Excise Tax, including the Federal Transportation Tax. Sales tax, if any, shall be indicated as a separate item.

j. If price is a consideration, and in case of error in the extension of prices in the bid, the unit price shall govern.

k. The City shall not reimburse the cost of developing, presenting, or providing any responses to this solicitation. Bids submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner.

1. Bidder shall submit one (1) original, marked "original" and three (3) copies of their bid with their submittal. Offers shall be submitted single-sided.

Solicitation No: IFB 18-4140 www.goodyearaz gov Page 3 of 71 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 Phone: 623-882-7834 GoodyearCITY OF Instructions to Bidders

2. SERIAL NUMBERS Bids shall be for equipment on which the original manufacturer's serial number, if applicable, has not been altered in any way. Throughout the contract term, the City reserves the right to reject any altered equipment.

3. BRAND NAMES Any manufacturer' s names, trade names, brand names, or catalog numbers used in the specifications are for the purposes of describing and establishing the quality level, design and performance desired. Such references are not intended to limit or restrict bidding by other vendors, but are intended to establish the quality, design or performance which is desired. Any Bidder which proposes equal or greater quality, design or performance may be considered. The city has the sole authority to accept or reject any like items.

4. SUBSTITUTIONS OR EXCEPTIONS The City reserves the option to not consider bids for award if the Bidder: i) takes any exception to the specifications and the City does not agree or accept the proposed changes; or íi) proposes a unit which does not meet the City' s specifications exactly and the Bidder does not additionally propose the specified unit prior to bid opening, and the City rejects the alternative identified.

5. DESCRIPTIVE LITERATURE All bidders shall include complete manufacturer' s descriptive literature regarding the equipment and goods they propose to furnish. Literature shall be sufficient in detail in order to allow full and fair evaluation of the bid submitted. Failure to include this information may result may result in the bid being rejected.

6. 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.

7. INOUIRIES Any questions related to the solicitation shall be directed to the responsible Procurement Specialist whose name appears on the front page via email only. The Bidder shall not contact or ask questions of other City staff or the City department for which the requirement is being procured. Any correspondence related to a solicitation should refer to the solicitation number, page, and paragraph number. All questions must be submitted no later than the close ofbusiness seven (7) calendar days after pre-bid conference.

8. PRE-BID CONFERENCE A Pre-Bid Conference will be held. Attendance at the scheduled Pre-Bid Conferences is not mandatory. The date, time and location of the conference are indicated on the cover page of this document. The purpose of this conference will be to clarify the contents of this solicitation in order to prevent any misunderstanding of the City's position. Any doubt as to the requirements of this solicitation 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 solicitation. Oral statements or instructions will not constitute an amendment to this solicitation.

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 4 of 71 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 Phone: 623-882-7834 GoodfearCITYOF Instructions to Bidders

9. LATE BIDS/MODIFICATIONS/WITHDRAWALS Bids, modifications ofbids, and withdrawals received after the due date and time specified for receipt will be rejected and returned to the Bidder unopened. A Bidder (or designated representative) may withdraw their bid via email to the responsible Procurement Specialist any time prior to the solicitation due date and time.

10. PUBLIC RECORD/CONFIDENTIAL INFORMATION All bids 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. If the Bidder believes that any information provided throughout the procurement process should be withheld as confidential, it is the responsibility of the Bidder to submit to the Procurement Manager a statement when the confidential information is submitted which identifies those items the Bidder believes to be confidential and the legal reason(s) why they are confidential. The Procurement Manager shall review the request for confidentiality and advise the Bidder in writing if the information will be treated as confidential by the City. If the City receives a public records request for any of the information determined to be confidential by the Procurement Manager, the City will use reasonable efforts to give notice to the Bidder prior to the release of the information.

11. BID ACCEPTANCE PERIOD In order to allow for an adequate evaluation, the City requires a bid in response to this Solicitation to be valid for one hundred twenty (120) days after the opening time and date.

12. DISCUSSIONS The City reserves the right to conduct discussions with Bidders for the purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the submittal in order to clarify a bid and assure full understanding of, and responsiveness to, solicitation requirements.

13. PERSONNEL It is essential that the Bidder provide adequate experienced personnel, capable of and devoted to the successful accomplishment of the work to be performed in this Solicitation. The Bidder agrees that those persons identified in their submittal shall not be removed or replaced without a written request to and approval from the City.

14. AWARD OF CONTRACT a. The contract will be awarded pursuant to the provisions of the City of Goodyear Procurement Code. Unless the Bidder states otherwise, or unless provided within this solicitation, the City reserves the right to award by individual line item, by group of line items, or as a total, whichever is deemed most advantageous to the City. Notwithstanding any other provision of this solicitation, the Procurement Manager further reserves the right to i) waive any immaterial defect or informality; ii) reject any or all bids, or portions thereof; iii) reissue the solicitation; or iv) modify or cancel this solicitation.

b. A response to a solicitation is an offer to contract with the City based upon the terms, conditions and specifications contained in the City's solicitation and the written amendments thereto, if any. If City Council approval is necessary, bids do not become contracts unless and until they are accepted by the

Solicitation No: IFB 18-4140 www.goodyearaz.gov 1 Page 5 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 Phone: 623-882-7834 CITY OF Bidders Goodyear Instructions to

City Council. A contract is formed when written notice of award(s) is provided to the successful Bidder(s). The Contract has its inception in the award document, eliminating a formal signing of a separate contract.

c. In the event the City should receive two or more identical bids, the awardee will be determined by lottery.

15. BUSINESS REGISTRATION PERMIT All Bidders awarded contracts with the City shall be required to obtain a City of Goodyear Business Registration Permit through the Goodyear Business Registration Office. For further information call Finance, Joe Lewandowski at (623) 882-7899 or [email protected]

16. PROTESTS or award a. Any interested party may protest a solicitation issued by the City or the proposed award the for the of of a City Contract by submitting a request in writing with the Procurement Manager City Goodyear, with a copy directed to the City Attorney for the City of Goodyear as follows: Jacque Behrens, CPPB Roric Massey Procurement Manager City Attorney City of Goodyear City of Goodyear P.O. Box 5100 P.O. Box 5100 190 North Litchfield Road 190 North Litchfield Road Goodyear, AZ 85338 Goodyear, AZ 85338

b. Writing: All protests must be in writing and shall include the following information: • The name, address and telephone number of the protester; • The signature of the protester or its representative; • The solicitation or contract number; A detailed statement of the legal or factual grounds of the protest including copies of relevant documents; and • The form ofreliefrequested. R3-4-16.01

c. Time Frame: To be considered, protests must be filed during the time frame identified in the procurement code. • Protests Of a solicitation must be filed within five (5) days of the first advertising of the solicitation. • Protests ofan award must be filed within ten (10) days of the issue date of the Notice of Award or Notice of Intent to Negotiate and Award.

d. The Procurement Manager is required to notify all interested parties that a protest has been filed.

17. CONFLICT OF INTEREST Offerors shall fully disclose all known and potential conflicts that could influence or appear to influence their judgment or the quality of their services.

END OF INSTRUCTIONS TO OFFERORS

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 6 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 Phone: 623-882-7834 GoodyearCITYOF Standard Terms and Conditions

SECTION 1. DEFINITIONS

1.1 "City" means the City of Goodyear.

1.2 "City Manager" means the manager of the City of Goodyear or designee.

1.3 "Contract" means this Goods/Services Contract and any attachments referenced herein, fully completed and executed between the City of Goodyear and the Contractor.

1.4 "Contractor" means the individual, partnership, entity or corporation who, as a result of the competitive process, is awarded a contract by the City of Goodyear to provide goods and/or services.

1.5 "Days" means calendar days unless otherwise specified herein.

1.6 "Litigation Expense" means any court filing fee and costs, arbitration fees or costs, witness fee, arbitration fees, and each other fee and cost of investigating and defending or asserting any claim for indemnification under this Contract, including, without limitation, in each case, attorneys' fees, professional fees, disbursements and each other fee and cost of investigating and defending, appealing or asserting any claim for indemnification under this Contract.

1.7 "Loss" means any liability, loss, claim, settlement payment, cost and expense, interest, award, judgment, damages (including punitive damages), diminution in value, fines, fees and penalties or other charge, other than a litigation expense.

" 1.8 "Project" "Services" or "Work means the subject matter of this Contract as more fully set forth in the attached Scope of Work, which may include delivery of goods and/or services.

1.9 "Subcontractor" means any individual, corporation, company, or other entity who contracts to perform work or render services or provide goods to a Contractor or to another subcontractor as part of this Contract with the City.

SECTION 2. TERM OF CONTRACT

2.1 The term of the contract may be automatically extended to include the warranty period.

2.2 Contractor shall not commence work until Contractor receives a purchase order signed by the City procurement manager or designee.

SECTION 3. COMPENSATION AND PAYMENTS

3.1 COMPENSATION: Total compensation to be paid under this Contract shall not exceed the purchase order amount.

3.2 Contractor shall invoice City on or before the 10th day of each month for goods and/or services provided under this contract during the prior month. All invoices shall contain itemized hourly fees, unit cost, extended cost of goods and supporting documentation for all invoiced amounts. All invoices to the City

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 7 of 71 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 Phone: 623-882-7834 Gëöèlyear Standard Terms and Conditions

shall identify the specific item(s) being billed and the Purchase Order number. Items are to be identified by the name, model number, and/or serial number most applicable.

3.3 City shall make every effort to process payments to Contractor within thirty (30) calendar days after the receipt of a correct and approved invoice, unless a good faith dispute exists to any obligation to pay all or a portion of the invoice or account.

3.4 PRICE ADJUSTMENT/CONTRACT EXTENSION: The City's Office of Procurement will review fully documented requests for price increase after any contract has been in effect for one (1) year. Any price increase adjustment will only be made at the time of contract extension and will be a factor in the extension review process. The Office ofProcurement will determine whether the requested price increase or alternate option is in the best interest of the City. Any price adjustment will be effective upon the effective date of the contract extension.

3.5 PRICE REDUCTION: A price reduction may be offered at any time during the term of the contract and shall become effective upon notice.

3.6 LATE SUBMISSION OF CLAIM BY CONTRACTOR: The City will not honor any invoices or claims which are tendered one (1) year after the last item of the account accrued.

3.7 ESTIMATED OUANTITIES: Quantities identified in the Solicitation are the City's best estimate and do not obligate the City to order or accept more than the City's actual requirements during the period of this Contract as determined by actual needs and availability of appropriate funds. It is expressly understood and agreed that Contractor is to supply the City with its complete and actual requirements for the contract period.

3.8 PRODUCT DISCONTINUANCE: in the event that a product or model identified in the offer is subsequently discontinued by the manufacturer, the City at its sole discretion may allow the Contractor to provide a substitute for the discontinued item. The Contractor shall request permission to substitute a new product or model and provide all of the following:

1. A formal announcement from the manufacturer that the product or model has been discontinued; 2. Documentation from the manufacturer that names the replacement product or model; 3. Documentation that provides clear and convincing evidence that the replacement meets or exceeds all specifications required by the original solicitation; 4. Documentation that provides clear and convincing evidence that the replacement will be compatible with all the functions or uses of the discontinued product or model; and 5. Documentation confirming that the price for the replacement is the same as or less than the discontinued product or model.

3.9 USAGE REPORT: The Contractor may be required to provide a usage report to the Procurement Manager. 3.10 DISCOUNTS: Payment discounts will be computed from the date receiving acceptable goods, materials and/or services or correct invoice, whichever is later to the date payment is mailed.

3.11 NO ADVANCE PAYMENT: Advance payments will not be authorized; payment will be made only for actual goods or services that have been received.

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 8 of 71 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 "& AZ 85338 Goodyear, Phone: 623-882-7834 GÕB¿Iyear Standard Terms and Conditions

3.12 FUND APPROPRIATION CONTINGENCY: The Parties recognize that the continuation of any contract 30 after the close of any given fiscal year of the City of Goodyear, which fiscal year ends on June of each year, shall be subject to appropriation and allocation of funds by the Goodyear City Council.

3.13 F.O.B. POINT: All prices are to be quoted F.O.B final destination, unless otherwise specified elsewhere in the solicitation.

3.14 TAXES: Contractor shall be solely responsible for the reporting of any and all tax obligations that may result from Contractor' s performance of this Contract.

SECTION 4. TERMINATION

4.1 TERMINATION FOR CONVENIENCE: City at any time and for any reason and without cause may terminate, suspend or abandon any portion, or all, of this Contract at City's convenience. In the event that the City terminates, suspends or abandons any part of the services, the City shall provide notice to the Contractor. Upon receipt of notice, the Contractor shall, unless the notice directs otherwise, immediately discontinue further services and placing of orders for materials, facilities and supplies in connection with the performance of this Agreement. The Contractor shall appraise the services completed prior to receiving notice of the termination, abandonment or suspension and deliver to the City all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the Contractor under the contract, entirely or partially completed, together with all unused materials supplied by the City.

In the event of termination, abandonment or suspension, Contractor shall be paid for services satisfactorily performed prior to receipt of such notice including reimbursable expenses then incurred. However, in no event shall the fee exceed that set forth in Section 4 of this Contract. Contractor shall not be entitled to any claim or claim of lien against Owner for any additional compensation or damages in the event of such termination and payment. The City shall make final payment within thirty (30) days after the Contractor has fully complied with the provisions of Section 5 and Contractor submits a correct and approved final invoice for the fee that has been agreed to by the Parties.

4.2 Any attempt to represent any material and/or service not specifically awarded as being under contract with the City ofGoodyear is a violation of the contract and the City of Goodyear Procurement Code. Any such action is subject to the legal and contractual remedies available to the City inclusive of, but not limited to, contract cancellation, suspension and/or debarment of the Contractor.

SECTION 5. RISK OF LOSS AND LIABILITY

5.1 INDEMNIFICATION: Unless a federal and state statute that expressly prohibits such indemnification, Contractor shall defend, indemnify, save and hold harmless the City of Goodyear, its officials, directors, officers, employees, agents, and representatives (hereinafter referred to as "Indemnitee") at all times after the date of this Contract from and against any and all Claims, caused by, relating to, arising out of, or alleged to have resulted from, in whole or in part, any negligent, reckless or intentional acts, errors, fault, mistakes, omissions, work, goods or service of the Contractor, its directors, officers, employees, agents,

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 9 of 71 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338

- Phone: 623-882-7834 GoodyearCITY OF - Standard Terms and Conditions

representatives, or any tier of subcontractors or any other person for whose acts, errors, fault, mistakes omissions, work, goods or service the Contractor may be legally liable in the performance of this Contract. The Indemnification provided hereunder shall extend to Claims arising out of, or recovered under, Arizona's Workers' Compensation Law or the failure of Contractor to conform to any applicable and appropriate federal, state, or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the Parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all Claims. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable.

In consideration of the award of this contract, Contractor agrees to waive all rights of subrogation against Indemnitee for Claims arising from the work performed by Contractor, its directors, officers, employees, agents, representatives, or any tier of subcontractors pursuant to this Contract. This indemnification provision shall survive the expiration or earlier termination of this Contract.

For purposes of this Indemnification provision the term Claims shall mean claims, suits, actions, demands, proceedings, losses, settlement payments, disbursements, expenses, and damages of every kind and description (including but not limited to costs, interest, awards, judgments, diminution in value, fines, penalties or other charges, reasonable attorneys' fees, other professionals' fees, court filing fees and costs, arbitration fees, witness fees, and each other fee and cost of investigating and defending, negotiating, appealing or asserting any claim for indemnification under this Contract) (collectively referred to "Litigation Expenses").

5.2 INDEMNIFICATION - PATENT. COPYRIGHT AND TRADEMARK: The Contractor shall indemnify and hold harmless the City against any liability, including costs and expenses, for infringement of any patent, copyright or trademark or other proprietary rights of any third parties arising out of contract performance or use by the City of materials furnished or Services performed under this Contract. The Contractor agrees upon receipt of notification to promptly assume full responsibility for the defense of any claim, suit or proceeding which is, has been, or may be brought against the City and its agents for alleged infringement, as well as for the alleged unfair competition resulting from similarity in design, trademark or appearance of goods by reason of the use or sale of any goods furnished under this Contract and the Contractor further agrees to indemnify the City against any and all expenses, losses, royalties, profits and damages including courts costs and attorney' s fees resulting from the bringing of such suit or proceedings including any settlement or decree of judgment entered therein. The City may be represented by and actively participate through its own counsel in such suit or proceedings, it is so desires. It is expressly agreed by the Contractor that these covenants are irrevocable and perpetual.

5.3 TITLE AND RISK OF LOSS: The title and risk of loss of material or services shall not pass to the City until the City actually receives and accepts the materials or services at the point of delivery; and such loss, injury or destruction shall not release the Contractor from any obligation hereunder.

5.4 ACCEPTANCE: All materials or services are subject to final inspection and acceptance by the City. Materials or services failing to conform to the specifications of this Contract shall be held at Contractor's risk and may be returned to the Contractor. If 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; b) Stop the work immediately; c) Bring materials into compliance; and/or d) Terminate the Contract and seek all remedies available in law and in equity. This shall be accomplished by a written determination by the City.

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 10 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 Phone: 623-882-7834 GoodyearCITYOF Standard Terms and Conditions

5.5 LOSS OF MATERIALS: The City does not assume any responsibility, at any time, for the protection of or for the loss of materials, from the execution of this Contract until the final acceptance of the work by the City.

5.6 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 and/or services. 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.

5.7 SHIPMENT UNDER RESERVATION PROHIBITED: Contractor is not authorized to ship goods or perform services under reservation, and no tender of an invoice or bill of lading will operate as a tender of the goods or services. 5.8 WORK PERFORMED AT CONTRACTOR'S RISK: Contractor shall take all precautions reasonably necessary and shall be responsible for the safety of its employees, agents and subcontractors in the performance of the work hereunder and shall utilize all protections reasonably necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. 5.9 SAFETY STANDARDS: All items supplied pursuant to this Contract shall comply with the current applicable Occupational Safety and Health Standards of the State of Arizona Industrial Commission, the National Electric Code, and the National Fire Protection Association Standards.

5.10 PROJECT STAFFING: Prior to the start of any Services under this Contract, the Contractor shall submit to the City detailed resumes of key personnel that will be involved in performing Services prescribed in the Contract for review and approval. At any time hereafter that the Contractordesires to change key personnel while performing under the Scope, the Contractor shall submit the qualifications of the new personnel to the City for prior approval. Key personnel include but are not limited to the Contractor's principal-in-charge, project manager, project designer, project architect, system architect, system manager and system engineer.

The Contractor will maintain an adequate and competent staff of qualified persons throughout the performance of this Contract as necessary for acceptable and timely completion of the services. If the City objects, with reasonable cause, to any of the Contractor's staff, the Contractor shall take prompt corrective action and, if required, remove such personnel from the Project and replace them with the new personnel agreed to by the City.

5.11 SUBCONTRACTORS: Prior to beginning the work, the Contractor shall furnish the City for approval the names of subcontractors to be used on this Project. Any subsequent changes are subject to the approval of the City.

5.12 DAMAGE TO CITY PROPERTY: Contractor shall perform all work so that no damage to any City buildings or property results. Contractor shall repair any damage caused to the satisfaction of the City at no cost to the City. Contractor shall take care to avoid damage to adjacent finished materials that are to remain. If finished materials are damaged, Contractor shall repair and finish in a manner which matches existing material as approved by the City at the Contractor's expense.

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 11 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road ..Æ- P.O. Box 5100 Goodyear, AZ 85338 Phone: 623-882-7834 /4*"CITYOF Goodyear Standard Terms and Conditions

5.13 FORCE MAJEURE: Neither Party shall be in default by reason of any failure in performance of this Contract if such failure arises out of causes beyond their reasonable control and without the fault or negligence of said Party including, unforeseeable Acts of God; terrorism or other acts ofpublic enemy; war and epidemics or quarantine restrictions.

If either Party is delayed at any time in the progress of the Work by force majeure, the delayed Party shall notify the other Party in writing of such delay, as soon as is practical, of the commencement thereof and shall specify the causes of such delay in the notice. The notice shall be hand-delivered or mailed certified- return receipt and shall make a specific reference to this provision. The delayed Party shall cause such delay to cease as soon as practicable and shall notify the other party in writing when it has done so. The time of completion shall be extended by contract modification for a period of time equal to the time that results or effects of such delay prevent the delayed Party from performing in accordance with this contract.

SECTION 6. CONTRACT INTERPRETATION

6.1 DISPUTES, GOVERNING LAW. ATTORNEY FEES: Should any dispute, misunderstanding or conflict arise as to the terms or provisions contained in this Contract, the matter shall first be referred to the City, and the City shall determine the term or provision's true intent and meaning.

This Contract shall be deemed to be made under, shall be construed in accordance with, and shall be governed by the laws of the State of Arizona, without regard to choice of law or conflicts of laws principles thereof. Any action arising out of this Contract shall be commenced and maintained in the Superior Court of the State of Arizona in and for the County of Maricopa. The prevailing Party shall be reimbursed by the other Party for all attorney fees and all costs and expenses, including but not limited to all service ofprocess, filing fees, court and court report costs, investigative costs, and expert witness fees which are incurred in any legal proceeding whatsoever arising out of this Contract, including, bankruptcy, arbitration, declaratory relief or other litigation, including appeals or rehearing.

6.2 PROVISIONS REOUIRED BY LAW: Each and every provision of law and any clause required by federal, state or local law to be in this Contract shall 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 ether Party the Contract shall forthwith be physically amended to make such insertion or correction.

6.3 PAROL EVIDENCE: This Contract is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of this agreement. No course of prior dealings between the parties and no usage in trade shall be relevant to contradict, supplement or explain any term used in this Contract.

6.4 SEVERABILITY: Ifany provision in this Contract or the application thereof to any person or circumstance shall be invalid, illegal or unenforceable to any extent, the remainder of this Contract and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law.

6.5 CONTRACT ORDER OF PRECEDENCE: In the event of a conflict in the provisions of the Contract, as accepted by the City and as they may be amended, the following shall prevail in the order set forth below: 1. Special Terms and Conditions 2. Standard Terms and Conditions

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 12 of 71 1

Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 Gõöèlýëàr Standard Terms and Conditions Phone: 623-882-7834

3. Specifications 4. Fee Schedule 5. Attachments 6. Exhibits 7. Invitation to Bid, Instructions to Bidders and other documents referenced or included.

6.6 INTEGRATION: This Contract contains the full agreement of the parties hereto. Any prior or contemporaneous written or oral agreement between the parties regarding the subject matter hereof is merged and superseded hereby.

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

6.8 NON-WAIVER MONIES DUE: The City of Goodyear as a public entity supported by tax monies, in execution of its public trust, cannot agree to waive any lawful or legitimate right to recover monies lawfully due it. Therefore, Contractor agrees that it will not insist upon or demand any statement whereby the City agrees to limit in advance or waive any right the City might have to recover actual lawful damages in any court of law under applicable Arizona law.

6.9 AMBIGUITIES NOT HELD AGAINST DRAFTER: This Contract having been freely and voluntarily negotiatedby all parties and the rule of contract construction that ambiguities, if any, in any term or condition of an agreement are held against the drafter of the agreement is not applicable to this Contract.

6.10 NON-WAIVER CONTRACT PROVISION: The failure of either Party to enforce any of the provisions of this Contract or to require performance of the other Party of any of the provisions hereof shall not be construed to be a waiver of such provisions, nor shall it affect the validity of this Contract or any part thereof, or the right of either Party to thereafter enforce each and every provision.

6.11 COOPERATION AND FURTHER DOCUMENTATION: The Contractor agrees to provide the City all duly executed documents as shall be reasonably requested by the City to implement the intent of this Contract.

SECTION 7. CONTRACT ADMINISTRATION AND OPERATION

7.1 WORK PRODUCT, EOUIPMENT AND MATERIALS: All work product, equipment, or materials created or purchased under this Contract are considered the sole property of the City and must be delivered to the City upon termination, abandonment o f the Contract or final payment to the Contractor and shall not be used or released by the Contractor without prior authorization from the City. Work product includes, but is not limited to, plans, specifications, cost estimates, tracings, studies, design analyses, original Mylar drawings, computer aided drafting and design (CADD) file, computer disks and/or other electronic records and media. Contractor agrees that all materials prepared under this Contract are "works for hire" within the meaning of the copyright laws of the United States and assigns to City all rights and interest Contractor may have in the materials it prepares under this Contract, including any right to derivative use of the

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 13 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 623-882-7834 *"MM-ITYOF Phone: Gòodféàr Standard Terms and Conditions

materials. Contractor shall place the professional seal of Contractor on all plans and documents prepared in the performance of this Contract. 7.2 CONFIDENTIALITY AND ENCRYPTION: All data, regardless ofform, including originals, images and reproductions, prepared by, obtained by, or transmitted to Contractor in connection with this Contract are confidential, proprietary information owned by the City. Except as specifically provided in this Contract, the Contractor shall not disclose data generated in the performance of the Service to any third person without the prior written consent of the City Manager.

Personal identifying information, financial account information or restricted City information, whether electronic format or hard copy, are considered confidential information and must be secured and protected at all times to avoid unauthorized access. At a minimum Contractor shall ensure that all electronic transmissions of confidential data are encrypted and any cryptographic algorithm implementations used must have been validated by the National Institute of Standards and Technology (NIST). The use of proprietary encryption algorithms will not be allowed for any purpose. The export of encryption technologies is restricted by the U.S. Government.

In the event that data collected or obtained by Contractor in connection with this Contract is believed to have been compromised, Contractor shall notify the City Attorney immediately. Contractor agrees to reimburse the City for any costs incurred by the City to investigate potential breaches of this data and, where applicable, the cost of notifying individuals who may be impacted by the breach.

Contractor agrees that the requirements of this section shall be incorporated into all subcontractor agreements entered into by the Contractor. It is further agreed that a violation of this section shall be deemed to cause irreparable harm and justifies injunctive relief in court. A violation of this section may result in immediate termination ofthis Contract without further notice. The obligations of Contractor under this section shall survive the termination of this Contract.

7.3 CONFLICT OF INTEREST/THIRD PARTIES: Contractor shall provide written notice to the City as set forth in this section, of any work or Services performed by the Contractor for third parties that, to the extent that the Contractor is aware, involves or is associated with any real property or personal property owned or leased by the City or which may be adverse to the City. Notice shall be given seven (7) days prior to commencement of the Services by the Contractor for a third party. Written notice and disclosure shall be sent to: Roric Massey, City Attorney City of Goodyear 190 N. Litchfield Rd Goodyear, Arizona 85338

Actions that are considered to be adverse to the City include but are not limited to:

1. Using data acquired in connection with this Contract to assist a third party in pursuing administrative or judicial action against the City; 2. Testifying or providing evidence on behalf of any third party in connection with an administrative or judicial action against the City; and 3. Using data to produce income for the Contractor, its subcontractors or employees independently of performing the services under this Contract, without the prior written consent of the City.

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 14 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 8533 8 GoodfearCITYOF Standard Terms and Conditions Phone: 623-882-7834

The Contractor represents that except for those persons, entities and projects identified to the City, the Services to be performed by the Contractor under this Contract are not expected to create an interest with any person, entity, or third party project that is or may be adverse to the interests of the City. The Contractor's failure to provide a written notice and disclosure of the infonnation as set forth in this section shall constitute a material breach of Contract.

7.4 CONFLICT AUDIT: Within thirty (30) days ofbeing requested to do so, Contractor agrees to provide the City an itemized summary of any and all gifts a Contractor, its directors, officers, managers, employees, agents and/or representatives have made to any City employee during the year prior to the date of the Contract through the date of the request. The summary shall include the date the gift was made, a description of the gift, the City employee(s) that received the gift, and the value of the gift. The summary shall be signed and its truthfulness certified by Contractor. For purposes of this section the terms "Gift means anything of value that is provided to the employee and includes, by way of example, but not limitation, meals, free use of vacation homes, low interest or no interest loans, tickets to sporting events, tickets to charitable events, entertainment expenses, travel expenses, drinks, and the like. The failure to comply with any request made pursuant to this section and/or the submission of a summary that contains material misrepresentations constitutes grounds for debarment and the refusal to allow Contractor to participate in any future contracts with the City.

7.5 AUDIT OF RECORDS: Contractor shall retain, and shall contractually require each and every subcontractor that performs any Work under this Contact to retain all books, accounts, reports, files and any and all other records relating to the contract (hereinafter referred to as "Contract Documents") for six (6) years after completion of the Contract. City, upon written request and at reasonable times, shall have the right to review, inspect, audit and copy all Contract Documents of the Contractor and any subcontractors. Contractor shall produce the original Contract Documents at City Hall, currently located at 190 N. Litchfield Road, Goodyear, Arizona, or at such other City facility within the City as designated by the City in writing. If approved by City Attorney in writing, photographs, microphotographs, or other authentic reproductions may be maintained instead of original Contract Documents.

7.6 AUDIT/BILLING AND EXPENSES: The City reserves the right to request supporting documentation for all hourly amounts, cost of goods and reimbursable expenses charged to the City. Such records will be subject to audit at any time during the term of this Contract and for a period not to exceed two (2) years after any amount is billed. Within thirty (30) days of receiving a request, the Contractor will furnish to the City original invoices to support all charges and complete payroll records to support such hourly labor charges. The City reserves the right to audit any other supporting evidence necessary to substantiate charges related to this Contract, both direct and indirect costs, including overhead allocations if they apply to hourly costs associated with this Contract. Ifrequested by the City, the Contractor will provide supporting records electronically in addition to a hard copy.

Ifthe audit reveals overcharge, the Contractor will reimburse the City upon demand for the amount of such overcharges plus interest thereon from the date paid by the City through the date of reimbursement. If the overcharges exceed 5% of Contractor's compensation, then Contractor shall also reimburse the City for the cost of the audit.

The Contractor shall include a similar provision in all of its agreements with subcontractor providing goods and/or services under this Contract to ensure the City, its authorized representative, and/or the appropriate

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federal agency, has access to the subcontractor records to verify the accuracy of any similar amounts charged to the City.

7.7 ADVERTISING: Contractor and all subcontractors shall not advertise or publish new releases concerning this Contract, goods or services provided to the City without prior written consent of the City Attorney.

7.8 CITY MARKS: The Contractor and all subcontractors shall not use any trade name, trademark, service mark, or logo of the City (or any name, mark or logo confusingly similar thereto) in any advertising, promotions, or otherwise, without the City's express prior written consent. 7,9 LICENSES AND PERMITS: Contractor and all subcontractors shall keep current federal, state, and local licenses and permits required for the operation ofthe business conducted by the Contractor as applicable to this contract.

7.10 E-VERIFY: Contractor and all subcontractors warrant compliance with the e-verify statute, A.R.S. § 23- 214(A). A breach ofthis warranty shall be deemed a material breach ofthis contract, and shall subject this contract to penalties up to and including termination of the contract. The City retains the right to inspect the papers and records of any of Contractor's employees or any subcontractor employees working on the contract to ensure compliance with this requirement. For this section, Contractor shall have the meaning of Contractor as found in A.R.S. § 41-4401, and subcontractor has the same meaning as found in A.R.S. § 41- 4401.

7.11 NON-DISCRIMINATION: Contractor and all subcontractors will not discriminate against any person on the basis of race, color, religion, age, gender, or national origin in the performance of this Contract, and shall comply with the terms and intent of Title VI of the Civil Rights Act of 1964, P.L. 88-354.

7.12 COMPLIANCE: The Contractor and all subcontractors understand and agree to comply with the Americans with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 as amended. The Contractor agrees to comply with these laws and Arizona Executive Order 2009-09 in performing this Contract and to permit the City to verify such compliance.

7.13 CONTINUATION DURING DISPUTES: Contractor agrees that notwithstanding the existence of any dispute between the parties, insofar as is possible, under the terms of the contract, the Contractor shall continue to perform the obligations required of the Contractor during the continuation of any such dispute unless enjoined or prohibited by the City or an Arizona Court of competent jurisdiction.

7.14 COOPERATIVE STATEMENT: This contract shall be for the use of the City of Goodyear. In addition, eligible political subdivisions and nonprofit educational or public health institutions may also participate at their discretion. Any eligible agency may elect to participate (piggyback) on this contract if the Contractor agrees to do so.

7.15 CAPTIONS: The captions used herein are for convenience only and are not a part of this Contract and do not in any way limit or amplify the terms and provisions hereof.

7.16 BANKRUPTCY: This Agreement, at the option of the City, shall be terminable in the case ofbankruptcy, voluntary or involuntary, or insolvency of the Contractor.

Solicitation No: IFB 18-4140 www.goodyearaz.gov 1 Page 16 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 ..Æ- 85338 Goodyear, AZ Phone: 623-882-7834 Goodyear Standard Terms and Conditions

7.17 CONTINUATION OF SERVICES -ISRAEL: Contractor certifies that it is not currently engaged in, and agrees for the duration of this Contract that it will not engage in a boycott of Israel, as that term is defines in A.R.S. § 35-393.

7.18 RIGHT OF OFFSET. The City shall be entitled to offset against any sums due the Contractor, any expenses or costs incurred by the City, or damages assessed by the City concerning the Contractor's non-conforming performance or failure to perform the Contract, including expenses, costs and damages described in the Standard Terms and Conditions.

SECTION 8. CONTRACT CHANGES

8.1 MODIFICATION: No supplement, modification, or amendment of any term of this Contract will be deemed binding or effective unless in writing and signed by the Parties with authority to do so. This section does not prohibit the City from unilaterally extending the contract term.

8.2 SUCCESSORS AND ASSIGNS: This Contract is binding on the parties' respective partners, successors, assigns, and legal representatives. Contractor will not assign, sublet, or transfer its right or interest in this Contract nor monies due, in whole or in part, or delegation any duty of Contractor without the prior written consent of the City. Any assignment or delegation made in violation of this section shall be void. In no event does this Contract create any contractual relationship between the City and any third party.

8.3 THIRD PARTY BENEFICIARY: Nothing under this Contract shall be construed to give any rights or benefits in the Contract to anyone other than the City and the Contractor, and all duties and responsibilities undertaken pursuant to this Contract will be for the sole and exclusive benefit of City and the Contractor, and not for the benefit of any other Party.

8.4 AUTHORIZED CHANGES: The City reserves the right at any time to make changes in any one or more of the following: (i) specifications; (ii) methods of shipment or packing; (iii) place of delivery; (iv) time of delivery; and/or (v) quantities. If the change causes an increase or decrease in the cost of or the time required for performance, an equitable adjustment may be made in the price or deliver schedule, or both. Any claim for adjustment shall be deemed waived unless asserted in writing within thirty (30) days from the receipt of the change. Prior increases or extensions of delivery time shall not be binding on the City unless evidenced in writing and approved by the City.

8.5 SUBCONTRACTS: No subcontract shall be entered into by the Contractor with any other party to furnish any of the goods, Service or Work specified herein without the advance written approval of the City.

8.6 CONTINGENT FEES: Contractor warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, and that no member of the City Council, or any employee of the City of Goodyear has any interest, financially, or otherwise, in the Contractor's business/firm. For breach or violation of this warranty, the City ofGoodyear shall have the right to annul this Contract without liability, or at its discretion to deduct from the Contract price or consideration, the full amount of such commission, percentage, brokerage, or contingent fee.

8.7 LIENS: Contractor shall hold the City harmless from claimants supplying labor or materials to the contractor or subcontractors in the performance of the work required under this Contract.

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 17 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 Phone: 623-882-7834 Gõöäyear Standard Terms and Conditions

SECTION 9. WARRANTY

9.1 GUARANTEE: Unless otherwise specified, all items shall be guaranteed for a minimum period of one (1) year from the date of acceptance by the City against defects in material and workmanship. At any time during that period, if a defect should occur in any item that item shall be replaced or repaired by the Contractor at no obligation to the City except where it is shown that the defect was caused solely by misuse of the City.

9.2 OUALITY: Contractor expressly warrants that all goods and services furnished under this Contract shall conform to the specifications, appropriate standards, and will be new and free from defects in material or workmanship. Contractor warrants that all such goods or services will conform to any statements made on the containers or labels or advertisements for such goods or services, and that any goods will be adequately contained, packaged, marked and labeled. Contractor warrants that all goods and services furnished hereunder will be merchantable, and will be safe and appropriate for the purpose which goods or services of that kind are normally used. If Contractor knows or has reason to now the particular purpose for which City intends to use the goods or services, Contractor warrants that goods and services furnished will conform in all respect to samples. Inspection, test, acceptance of use of the goods or services furnished hereunder shall not affect the Contractors obligation under this warranty, and such warranties shall survive inspection, test, acceptance and use. Contractor's warranty shall run to City, its successors and assigns.

9.3 RESPONSIBILITY FOR CORRECTION: Any defects of design, workmanship, or materials that would result in non-compliance with the contract specification shall be fully corrected by the Contractor (including parts, labor, shipping or freight) without cost to the City. This includes any necessary labor to remove, repair, install, or to ship or transport any item to a point of repair and return. It is agreed that the Contractor shall be fully responsible for making any correction, replacement, or modification necessary for specification or legal compliance. Contractor agrees that if the product or service offered does not comply with the foregoing, the City has the right to cancel the purchase at any time with full refund within 30 calendar days after notice of non-compliance and Contractor further agrees to be fully responsible for any consequential damages suffered by the City.

9.4 INVESTIGATION OF CONDITIONS: The Contractor warrants and agrees familiarity of the work that is required, is satisfied as to the conditions under which it is to perform and enters into this Contract based upon the Contractors own investigation.

9.5 WORKMANSHIP: Where not more specifically described in any of the various sections of the specifications, workmanship shall conform to all of the methods and operations of best standards and accepted practices of the trade or trades involved and shall include all items of fabrication, construction or installation regularly furnished or required for completion of the services or goods. All goods and services shall be provided and executed by personnel skilled in their respective lines of work. Contractor warrants that all goods and services delivered under this contract shall conform to the specifications of this contract Additional warranty requirements may be set forth in the Solicitation.

9.6 RIGHT TO INSPECT PLANT: The City may, at reasonable times, inspect the part of the plant or place of business of a Contractor or subcontractor which is related to the performance of any contract as awarded or to be awarded.

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9.7 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. 9.8 SURVIVAL: Sections 6, 7, 8, 9, 10 and 11 will survive the completion, termination and/or abandonment of this Contract.

9.9 COMPLIANCE WITH APPLICABLE LAW: Contractor shall comply with all applicable federal, state and local laws, codes and regulations; including all applicable building regulations, license and permits requirements.

SECTION 10. CITY CONTRACTUAL RIGHTS

10.1 RIGHT OF ASSURANCE: Whenever the City in good faith has a reason to question the Contractor's intent or ability to perform, the City may demand that the Contractor give written assurance of the intent and ability to perform. In the event that a demand is made and no written assurance is given within five (5) work days, the City may treat this failure as an anticipatory repudiation of this contract.

10.2 NON-EXCLUSIVE REMEDIES: The rights and remedies of the City under this Contract are non- exclusive.

10.3 DEFAULT IN ONE INSTALLMENT TO CONSTITUTE BREACH: Each installment or lot of this Contract is dependent on every other installment or lot and a delivery of non-conforming goods or services or a default of any nature under one installment or lot will impair the value of the whole Contract and constitutes a breach of the Contract as a whole.

10.4 TIME IS OF THE ESSENCE: Time of each of the terms, covenants, and conditions of this Contract is hereby expressly made of the essence. The City is providing services which involve health, safety and welfare of the general public, delivery time is of the essence. Delivery must be made in accordance with the delivery schedule promised by the Contractor.

10.5 NON-EXCLUSIVE CONTRACT: The City reserves the right to purchase goods or services from another source only when necessary and determined appropriate by the City' s Procurement Manager.

10.6 STRICT PERFORMANCE: Failure of either Party to insist upon the strict performance of any item or condition ofthe Contract or to exercise or delay the exercise of any right or remedyprovided in the Contract, or by law, or the acceptance of materials or services, obligations imposed by this Contract or by law shall not be deemed a waiver of any right of either Party to insist upon the strict performance of the Contract. 10.7 CONFLICT OF INTEREST: This Contract is subject to the provisions of A.R.S. § 38-511 and may be canceled by the City, without penalty or further obligation, ifany person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalfof the City is, or becomes, an employee, consultant, or agent of Contractor in any capacity with respect to the subject matter of the Contract while the Contract or any extension or amendment thereof, is in effect.

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10.8 DEFAULT: In the case of default by the Contractor, the City may, by written notice, cancel this contract and repurchase from another source and may recover the excess costs by (i) deduction from an unpaid balance due; (íi) collection against the bid and/or performance bond, or (iíi) a combination of the aforementioned remedies or other remedies as provided by law.

10.9 NOTICES: Unless otherwise provided herein, demands under this Contract will be in writing and will be deemed to have been duly given and received either (a) on the date of service if personally delivered to the Party to whom notice is to be given, or (b) on the third day after the date of the postmark of deposit by first class United States mail, registered or certified postage prepaid and properly addressed as follows: To City: Ron Sievwright City of Goodyear, Streets and Traffic Superintendent 200 South Calle Del Pueblo Goodyear, AZ 85338

To Contractor:

Copy to: Roric Massey City of Goodyear, City Attorney 190 N. Litchfield Road Goodyear, AZ 85338 10.10 This Contract shall be in full force and effect only when it has executed by duly authorized City officials and the duly authorized agent of the Contractor.

SECTION 11. CERTIFICATION

11.1 By signing on the offer and acceptance page, the individual certifies that they are authorized to sign on behalf of Contractor and further certifies that (a) No collusion or other anti-competitive practices were engaged in to arrive at the terms of this Contract, and that this Contract is subject to the provisions of A.R.S. Section 38-511; (b) 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 this Contract. Failure to sign the offer, or signing it with a false statement, shall void the submitted offer or any resultant contract, and the Contractor may be debarred.

SECTION 12. LICENSING, DEBARMENT AND SUSPENSION

12.1 Licensing/Permits: Contractor warrants and certifies that Contractor and its Subcontractors will maintain valid licenses, registrations, permits, and other approvals necessary to perform the Services required under this Contract ("Approvals"). Contractor shall immediately advise the City in writing of any change in information provided by Contractor or its subcontractors as it relates to any Approvals. Noncompliance with this provision is a material breach of Contract.

12.2 Debarment/Suspension: Contractor warrants and certifies neither Contractor nor any of its subcontractor:

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a. Are presently debarred, suspended, proposed for debarment, declared ineligible or otherwise legally excluded from contracting with any federal, state or local government entity; and b. Have not 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; violation of federal or state anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction ofrecords, making false statements or receiving stolen property within a three (3) year period preceding this Contract; c. Are not, or have not been, indicted ofor otherwise criminally charged by a governmental entity with the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing any public transaction or contract under a public transaction; violation of federal or state anti-trust statutes or commission ofembezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property, and d. Have not had one or more public transaction (federal, state or local) terminated for cause or default.

12.3 City has no affirmative duty or obligation to confirm or deny the existence or issuance of any Approvals or Debarments, or to examine Contractor's contracting ability.

END OF STANDARD TERMS AND CONDITIONS

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- Phone: 623-882-7834 GoodyearCITYOF Special Terms and Conditions

SECTION 1. TERM OF CONTRACT

1. The term ofthis Contract shall be one (1) year commencing on the effective date, which is the date last signed by both Parties, and may be extended or renewed for consecutive additional one (1) year periods, not to exceed a total of five (5) years, subject to appropriations and mutual agreement of the Parties. The City has no obligation to extend or renew this contract, and any decision to do so is at the sole discretion of the City.

SECTION 2 INSURANCE

2.1 Minimum Scope and Limits of Insurance. Contractors shall obtain and maintain in full force and effect during the life of this Contract, and any warranty period, all of the following minimum scope of insurance coverages with an insurance company duly licensed by the State of Arizona with a current A.M. Best Company, Inc rating of not less than A- or above and a category rating of not less than "VIII" with policies and forms satisfactory to the City. Use of alternative insurers requires prior written approval from City.

2.2 Commercial General Liabilitv. Commercial General Liability insurance with a limit of not less than $1,000,000, per occurrence and $2,000,000 in the aggregate. The policy shall include coverage for premises- operations, products-completed operations, contractual liability, bodily injury, and property damage, but shall not be limited to the liability assumed under the indemnification provisions of this Contract. Coverage shall be at least as broad as Insurance Service Office policy form CG 00 01 07 98 or any replacement thereof, and shall be an occurrence-based policy. The Certificate of Insurance for the Commercial General Liability insurance policy shall expressly cover the indemnification obligations required by this Contract. These limits may be met through a combination of primary and excess liability coverage.

2.3 Automobile Liabilitv. Commercial and Business Automobile Liability insurance for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than $1,000,000, combined single limits, per occurrence for bodily injury and property damage. Coverage shall be at least as broad as coverage Code 1 "any auto" under Insurance Service Office policy form CA 00 01 10 01 or any replacement thereof.

2.4 Workers' Compensation. Workers' Compensation as required by State and federal law statutes having jurisdiction over its employees engaged in the performance of any Services herein. Contractor agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.

2.5 Umbrella/Excess Liability. Contractor and Subcontractor shall maintain Umbrella and Excess Liability insurance with an limit of not less than $2,000,000 per occurrence combined limit Bodily Injury and Property Damage, that "follows form" and applies in excess ofthe Commercial General Liability, Automobile Liability, and Employer's Liability, as required above. Primary per occurrence coverage may be used to fulfill this requirement. 2.6 Claim Reporting. Any failure to comply with the claim reporting provisions of the policies or any breach of a policy warranty shall not affect coverage afforded under the policy to protect the City. 2.7 Notice of Cancellation. Each certificate for each insurance policyi-equired by the insurance provisions ofthis Contract shall provide the required coverage and shall not be suspended, voided, canceled, or reduced in

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coverage by endorsement to limits lower than those required by this Contract, except after prior written consent from the City. Notice will be sent as required herein.

2.8 Additional Insureds. The Commercial General Liability and Business Automobile Liability policies shall contain or be endorsed to contain the following provision: "The City of Goodyear and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to liability arising out of, or related to, activities performed by or on behalf of the Contractor pursuant to its contract with the City; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor." 2.10 Primacv of Coverage. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of insurer's liability. Contractor's policy shall be primary and non-contributory.

2.11 Certificates of Insurance/Endorsements. Contractor shall provide City with Certificates of Insurance and proper additional insured endorsements as required by this Contract and as described above, in a form and content approved by City, prior to performing any services under this Contract. The Certificates of Insurance shall be attached hereto and incorporated hereby by this reference.

2.12No Representation of Coverage Adequacv. The insurance requirements herein are minimum requirements. The City in no way warrants that the minimum requirements are sufficient to protect Contractor from liabilities that might arise out of the performance of the Work under this Contract by Contractor, and the Contractor is free to purchase additional insurance. Any insurance coverage carried by the City or its employees is excess coverage and not contributory coverage to that provided by the Contractor. The amount and type of insurance coverage requirements set forth herein shall in no way be construed as limiting the scope of the indemnification obligations under this Contract.

2.13 Non-Waiver. The City reserves the right to review any and all insurance policies and/or an endorsement requiredby this Contract, but has no obligation to do so. Failure to identify any insurance deficiency shall not relieve the Contractor from, nor be construed or deemed a waiver of its obligation to maintain the required insurance at all times during the performance of this Contract. Any failure of Contractor to comply with the reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, agents, employees and volunteers. 2.14 Notice of Cancellation. Each certificate for each insurance policy required by this Section shall provide the required coverage and shall not be suspended, voided, canceled, reduced in coverage by endorsement to limits lower than those required by this Contract except after prior written consent from the City.

2.15 Claim Reporting. Any failure to comply with the claim reporting provisions of the policies or any breach of a policy warranty shall not affect coverage afforded under the policy to protect the City.

2.16 Other Contractors or Vendors. Contractor shall ensure its subcontractors and any vendors that may be contracted with in connection with the Project procure and maintain insurance coverage as is appropriate for their particular contract and properly endorse the City as required in this Section 9.

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 23 of 71 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 w Phone: 623-882-7834 .NžCITYOF Special Terms and Conditions Goodyear

SECTION 3. OTHER 3.1 An original bid bond for ten (10%) of the bid price is required to be submitted with the bid.

4.1.1 The Contractor is required to submit with Bid a certified or cashiers' check, upon a solvent bank, or a surety bond in an amount equal to ten percent (10%) of the base bid price made payable to the City of Goodyear. The bid security shall be given as a guarantee that the Contractor will enter into the Contract if awarded to him; and shall be declared forfeited as liquidated damages if he refuses to enter into the contract upon request to do so by the City. The Bid security other than bid bonds will be returned to the unsuccessful bidders and to the successful bidder upon his execution of a satisfactory payment and performance bond, and contract. Failure by the Contractor to submit bid bond shall result in rejection of the Bid as non-responsive.

3.2 Aperformancebondfor one hundred (100%) ofthe Contract price is required at the time of execution of the Contract and shall meet the requirements of A.R.S., Title 34, as amended, if applicable.

3.3 A payment bond for one hundred (100%) of the Contract price is required at the time of execution of this Contract and shall meet the requirements of A.R.S., Title 34, as amended, if applicable.

3.3.1 Performance and Payment Bonds. The Contractor is required to provide and pay for performance and payment bonds. Bonds shall cover the faithful performance (100%) ofthe Contract, and the payment of all obligations (100%) arising thereunder, in such form as the City may prescribe and with such surety or sureties as are approved. The Contractor shall deliver the required bonds to the City not later than the date ofexecution ofthe Contract. The Contractor shall require the attorney in fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of his power-of-attorney indicating the monetary limit of such power. The surety bonds shall be executed solely by a company or companies holding a certificate of authority to transact surety business in the State of Arizona issued by the Director of the Department of Insurance pursuant to Arizona Revised Statutes, Title 20, Chapter 2, Article 1. The bond amounts shall be for one hundred percent (100%) ofthe Contract amount plus any authorized Change Orders added to the Contract, ofwhich notice to the surety shall be waived. The bonds shall not be executed by an individual surety or sureties.

3.4 Registrar of Contractors. At a minimum, Contractors must be licensed with the Arizona Registrar of Contractors at the time ofbid submittal. License must be active and in good standing. Contractor agrees to provide copies of aillicense(s) at time ofbid submittal and at any time during the Contract Term.

3.5 Dust Control. Contractor must adhere to all necessary Maricopa County dust control laws and regulations and seek clarification when necessary regarding permitting.

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 24 of 71 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 '.Æ- AZ 85338 Goodyear, Phone: 623-882-7834 Goodye-àrCITYOF Scope of Work

1. SCOPE OF WORK The purpose of this Invitation for Bid is to enter into a contract to perform removal and/or installation of pavement marking on or about February 1, 2018. The Engineering Department desires to retain qualified contractor(s) for the supplying, installing and/or removing of paint, thermoplastic, and profile thermoplastic, and as required, at various locations citywide as ordered by the City in accordance with these specifications the provisions contained in this Invitation for Bid (IFB). The City reserves the right to award this contract to multiple vendors.

2. DEFINITIONS

City City of Goodyear, Engineering Department

Contract Administrator Streets/Traffic Superintendent

Contract Person delegated responsibility for administration of portions of, or the entire Administrator's contract by the Contract Administrator. Representative Inspector The City' s authorized representative assigned to make detailed inspections of contract performance. Contractor Firm and/or individual that will perform the work requested in this solicitation. On-Site Supervisor Contractor's employee authorized to direct or oversee work operations and having authority to make day-to-day decisions concerning the work operations. Standard Specifications The ADOT Standard Specifications for Road and Bridge Construction, Latest Edition including errata, and addenda. MUTCD Manual on Uniform Traffic Control Devices, Latest Edition as adopted by the City. ASTM American Society For Testing Materials City of Goodyear City of Goodyear Engineering Design Standards and Policies Manual to include striping notes (Current Edition) MCDOT Maricopa County City of Transportation, Pavement Marking Manual (Current Edition) City of Phoenix City of Phoenix Banicade Manual (Latest Edition)

3. WORK LOCATIONS • All striping to include Arterial, Rural Arterial, Collector, Residential streets, and parking lots within the City of Goodyear, City boundaries.

The offeror shall commit to having sufficient local resources (materials, personnel and equipment) necessary to do projects on a short notice. The unavailability of resources within the City's time frame for funding and/ora specific road closure can be the basis for the City using the next lowest priced contractor for that project. Re- occurring unavailability of contractor resources that result in project delays shall be the basis for cancellation of a portion of, or all of, a contract.

The applicable City of Goodyear representative or appointed representative(s) has the authority to coordinate, schedule, conduct, inspect, accept, monitor performance, and invoke warranty provisions within the stated provisions ofthis contract.

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 25 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 Phone: 623-882-7834 GoodyearCITY OF - Scope of Work

The City of Goodyear representatives:

City Traffic Engineer Streets/Traffic Superintendent Engineering Department 200 S. Calle Del Pueblo City of Goodyear, Arizona Goodyear, AZ 85338 14455 W Van Buren St., Ste. D101 Phone: 623-882-7632 Goodyear, AZ 85338 623.882.7519 - Direct

Engineering Director Engineering Department City of Goodyear, Arizona 14455 W. Van Buren St., Ste. D101 Goodyear, AZ 85338

The contractor shall be responsible for coordinating all pavements marking work with the Streets/Traffic Superintendent. A contract purchase order and written work order from the Streets/Traffic Superintendent or designee is necessary before any work can proceed on any project. Any work that is done by the contractor without proper authorization may not be eligible for payment.

Manual on Uniform Traffic Control Devices (MUTCD), latest Edition as adopted by the City and the City's supplement to this document; City of Goodyear Engineering Design Standards and Policies Manual current editions; MCDOT Pavement Marking Manual current editions; ADOT Standard Specifications for Road and Bridge Construction current editions plus all applicable Stored Specifications; ADOT Standard Drawings for Signing and Marking current editions and any documents referenced directly in the specifications and this IFB.

4. WORK DETAILS This contract will involve a number ofdifferent categories ofpavement marking work. The necessary traffic control work and mobilization, if applicable, is regarded as in support of all the pavement marking work items and will be managed accordingly.

The contractor shall supply all the necessary materials, labor, equipment and traffic control to do all the pavement marking work described herein.

The categories ofpavement marking work are: 1. Waterborne Paint Markings (WPM) 2. Thermoplastic Markings (THM) 3. Profile Thermoplastic Markings (PFTM) 4. Existing Pavement Marking Removal and/or Surface Preparation (PMR or SP) 5. Traffic Control

The technical requirements regarding all the work within this contract and the applicable will be divided into these five categories. All the labor, equipment and other items necessary for the proper execution of this work will be considered to be included within these five areas.

Marking work will also be divided into two basic types ofwork based on application. The work units are as follows:

Solicitation No: IFB 18-4140 www.goodyearaz.gov 1 Page 26 of 71 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 .NC«0~JIA Scope of Work Phone: 623-882-7834 Goodyear

UNIT 1 - Short Line Work: Short line work is defined as those markings that are typically installed or removed using a walk behind hand cart unit. The types of markings installed or removed under payment items on the short line fee schedule will include cross hatching, intersection guide lines, stop bars, crosswalks, legends, arrows, raised curb painting and railroad markings. The short line work unit can also be used, at the approval of the City, to reinstall short segments (200 feet +/- or less) of long lines if necessary.

UNIT 2 - Long Line Work: Long line work is defined as those markings which are typically installed or removed at a fairly rapid speed using a long line truck that has a driver and an operator. The types ofmarkings to be installed or removed under payment items on the long line fee schedule will include lane lines, center lines, edge lines, gore lines and storage lines. For the other categories ofwork, in order to accommodate the City's unforeseeable usage, three (3) order sizes have been established for each specified subcategory of items. These order size variations are also intended to allow each Offeror an opportunity to fairly pass on mobilization, labor and equipment costs while still allowing the City the convenience of a small project and the economies of larger projects.

There are three (3) levels ofbid prices for all ofthe work items identified. The application ofthe levels ofbid prices will be determined based on the estimated overall dollar value ofall the pavement marking work to be done on that specific pavement marking project defined in the City's written contract work order. The overall calculation of value shall exclude any costs for traffic control.

The project quantity value levels are as follows: Level I-A minimum project value of between $5,000.00 to $19,999.99 of pavement marking work.

Level II - A project value of between $20,000.00 to $99,999.99 of pavement marking work.

Level III - A project value of $100,000 or more of pavement marking work.

All items, traffic control and mobilization items will be included with the unit bid price on the Fee Schedule and not as a separate item except for uniformed officers, have three levels of applicabilitybased on these levels and the criteria specified herein. It shall be the contractor's responsibility to verify the indicated quantities and the applicable project quantity value levels.

The City Traffic Engineer will be the City's authority on all work accomplished on the Citywide Pavement Marking Contract. The contractor shalllog quantities daily. A sample Daily Work Quantities Report is attached as Exhibit 1.

4.1 Items ofWork All items of work shall be provided in conformance to the specifications and as presented on the appropriate Fee Schedule.

4.1.1 Method ofMeasurement The installation, removal of pavement marking lines, and surface preparation will be measured by the linear foot along the center line of the pavement marking line (or stripe) and will be based on the specific payment item as herein described and specified on the appropriate Fee Schedule

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 27 of 71 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 W Phone: 623-882-7834 GoodyearCITYOF Scope of Work

Any measurement of a line that is not specifically addressed per the Fee Schedule with a plan width and length that is greater or less than the basic four inches, will be converted to the appropriate four inch wide item by the following method:

Plan Width of Striping (inches) x Linear Feet 4 (inches)

This measurement method is defined as the equivalent four inch linear foot.

No measurement will be made ofgaps (e.g area ofno marking) between the dashed lines. The installation and the removal of crosswalk lines, stop bars, stop lines, gore lines, cross hatch lines, chevron lines, the "X" in a railroad marking and railroad marking transverse lines will be measured per the linear foot per the width specified or the averaged width as measured in the field as equated by the equivalent four inch wide linear foot formula contained herein. This includes the installation of primer/sealer for thermoplastic lines, the removal of PCCP curing compound and the removal or surface preparation of existing pavement markings. The installation, removal, and surface preparation of pavement marking symbols and legends shall be measured by each unit. Each pavement symbol and each legend that exists in the field and/oris apart of the work order and as defined on the Signing and Marking Standard Drawings, will be considered a unit.

A symbol unit is defined as a complete turn arrow, combination arrow, through (or straight) arrow, bike lane symbol. A four letter legend unit is defined as a complete "ONLY," "TURN", "XING", "RIGHT", LEFT", or "STOP." All other pavement legends will be paid for based on the single letter.

All curb painting shall be paid for by the actual square footage measured in the field by the contractor and approved by the City representative. Removal ofcuring compound from Portland Cement Concrete Pavement (PCCP) and the application of any primer sealer, which may be applied to both old and new PCCP, prior to the application of thermoplastic marking, shall be measured by the linear foot for lines (or stripes) or unit each for symbols and legends, respectively, depending on the nature of the work to be done, in accordance with the items ofwork established in the Fee Schedule.

The removal of lines for the arterials, collectors and residential streets will include all materials and widths.

Extruded 90 mil thermoplastic turn lane guidelines that go through signalized and non-signalized intersections shall be paid for by each four-inch wide by two-foot long stripe or line installed.

The application of primer or contact cement for the installation of preformed tape markings shall be considered incidental to the applicable items. The type used (primer or contact cement) and the number of coats applied shall be in accordance with the preformed marking manufacturer's recommendations.

The marking layout item and/or barrier marker installation shall be paid per the hour. Under this item the contractor shall provide a crew oftwo to three persons or more to layout the required locations and/or

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 28 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338

- - Phone: 623-882-7834 Goodyearctrí OF Scope ofWork

install City furnished barrier markers for pavement marking on a project as required per the work order and as directed by the City. The number of hours to do the work shall be agreed upon prior to starting. The actual hours spent will be recorded by the City. This item may also be used to as-built existing pavement markings to help the City in developing new plans or retaining layouts which will be covered or destroyed by pavement maintenance activities.

Off-dutypolice officers will be paid for as detailed on the Fee Schedule. 4.1.2 Application Requirements The work under all pavement marking installation items shall consist ofcleaning and preparing pavement surfaces and furnishing and applying reflectorized markings to the prepared pavement in accordance with the manufacturers' specifications, and the requirements of these specifications. A wide variety of work is required under this contract. The materials, method and equipment used shall conform to the necessary requirements to ensure proper and successful application.

All work performed on this contract shall be subject to inspection by the City. The contractor shall give the City full access and cooperation in the discharge ofthese duties. The inspection ofwork is an integral part of any work item being eligible for payment.

The requirements stated under this subsection, as applicable, are intended to apply to the installation of all pavement marking materials. Specific requirements that apply only to that material are contained under that specific subsection.

4.1.3 Pavement Marking Location To prevent marker bond failure the application of pavement markings shall follow these installation location rules:

The edge line shall not be placed on the joint between the traveled lane and the shoulder.

Markings shall be laid out as defined in project special instructions/plans, Signing and Marking Standard Drawings and as directed by the City.

When markings are placed over existingpavement markings, unless otherwise directed by the work order or City, the new pavement marking shall overlay the existing pavement markings. The starting and stopping points on long line applications shall not vary more than two (2) inches length wise and not more than 1/2 inch on the width. Overlaying of existing legend and symbols shall match the existing markings within one (1) inch or less.

4.1.3 Materials The City reserves the right to sample and test any materials used on the project. All materials that do not meet specifications will be rejected.

The contractor shall provide a full accounting of all marking materials applied. Thus, it is important that the contractor carefully monitor material inventories on every project.

It shall be the responsibility of the contractor to provide for adequate disposal in approved landfills of any removed marking material, cleaning fluids, excess material and all empty containers. Venting of

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 29 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 '.Æ- Goodyear, AZ 85338 Phone: 623-882-7834 CITY OF of Work Goodyear Scope

pavement marking materials on state property is allowed if approved by the City. The contractor shall clean up all vented material.

4.1.4 Pavement Surface The contractor shall remove all dirt, dust, grease, oil or other detrimental material from the road surface prior to application ofany pavement marking material. This includes using a hand push broom to remove surface dust and dirt for all hand application work. This also includes poorly adhered existing pavement and pavement markings not defined as marker obliteration on the Contract Work Order. The surface of all existing markings to be overlaid shall be cleaned. The method of cleaning the surface is subject to approval by the City and shall include PM 10 approved machine sweeping (wet or dry), hand sweeping and the use ofhigh-pressure air spray. Aliloose material including grindings and obliterated marking material shall be collected and removed from the pavement surface and properly disposed of. The method of surface preparation shall be per the recommendations of the pavement marking material manufacturer. The cost for cleaning and preparing the surface, including abrasive sweeping and high-pressure air spray, shall be considered part ofthe cost for applying pavement marking material. No separate measurement or payment will be made for this work.

The road surface shall be absolutely dry with no surface dampness, dew or subsurface wetness. The day material is to be applied there shall be no forecast of rain for the day. If it begins to rain all marking operations shall be stopped. Pavement subsurface moisture can be present in amounts sufficient to affect proper bonding, even if the pavement surface appears dry. If the presence of subsurface moisture is suspected the following test procedure shall be performed prior to the start of pavement marking operations. A two foot by two foot section (or sheet) of clear plastic shall be taped to the roadway. The sheet shall remain on the roadway for at least a halfhour. If at any time during this halfhour significant moisture accumulates on the inside (or pavement side) of the plastic then pavement marking operations shall be delayed or postponed until such time the pavement has dried.

4.1.5 Air and Pavement Temperature Each material has its specific application temperature requirements. The material manufacturer's recommendation regarding these temperatures shall be followed at all times. If at any time during marking operations the temperature falls below these requirements all marking operations shall stop.

Air and pavement surface temperatures shall be measured one half hour prior to, and one to two hours after striping installation activities begin and continue through the end of the day (if temperature specification is near critical). If needed, the City may require temperature readings be taken at shorter time intervals. The measured temperatures shall be recorded in a log book by the contractor. The pavement surface temperature shall be measured with an approved standard surface temperature thermometer or a non-contact infrared thermometer.

4.1.6 Calibration Each day prior to the start of any pavement marking operations that involve paint or thermoplastic (for spray applications), the contractor shall calibrate the wet film thickness and glass bead application to those specified rates. Any work performed without the benefit of calibration may be rejected. Ifat any time conditions change or it appears the required application rates are not being achieved then the calibration process shall be repeated if directed to do so by the City.

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 30 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 Phone: 623-882-7834 GoodyearCITY OF Scope of Work

4.1.6 Glass Beads Drop-on glass beads shall be immediately mechanically deposited after the paint, thermoplastic, or profile thermoplastic markings are applied. If the glass beads are not adhering to these markings as intended, all operations shall be stopped until the problem can be corrected. All markings that are determined by the City not to have sufficient drop-on glass beads, as herein specified, shall be either removed and replaced or overlaid with new markings at no additional cost to the City. Drop-on glass beads anchor and retro-reflect best at 55% to 60% embedment of their diameter.

All glass bead application equipment shall be calibrated prior to the start of striping operations so the application rate ofthe glass beads coincides with the required thickness ofthe pavement marking material and, if sprayed, the application speed. The bead flow calibration method shall be per the requirements specified herein.

4.1.7 Thickness Random spot checks of the markings thickness may also be made by the City to ensure conformance with the requirements ofthese specifications. The contractor shall inspect the wet thickness immediately after the marking is applied by inserting a thin, graduated machinist rule or similar instrument into the wet material to the depth ofthe underlying surface. The thickness is then detennined visuallyby noting the depth ofpenetration. The City's inspector may use this method or an alternative spot check procedure which is to place a small flat sheet of black painted metal or tape with a known thickness immediately ahead of the striping apparatus. After striping, the sample shall be measured with a suitable measuring device, e.g. caliper, micrometer, to determine the thickness ofthe marking.

Ifthe thickness ofthe applied markings is not conforming to the requirements ofthe specifications within acceptable parameters all marking operations shall stop. Waterborne paint markings shall not be applied any thicker than 16 to 17 mils. Corrective action shall immediately be taken (e.g. adjusting application speed and/or pressure or gun flow settings) to ensure that the proper thickness is being applied. Corrective measures may include the reapplication of additional thickness to already applied markings that are known to be thin. If three or more stops are made to correct thickness problems, the City may order the contractor to recalibrate per the procedures stated herein.

4.1.8 No Track and Drying Time Each pavement marking material has its own specific no track and drying time that vary greatly with ambient weather conditions. The contractor shall coordinate with the material manufacturer on the times that apply to their materials. The no track and drying times shall be accounted for in all traffic control plans. Traffic shall not be allowed on any paint or thermoplastic marking until it has reached no track

No track is the lapsed time that is required for the markings, as applied in the field with glass beads, not to splash or track any applied marking material when run over with a vehicle tire. The Contractor shall be responsible for all claims made for markings splashed on vehicles arising from the contractors operations. Coning of applied markings shall be performed as necessary.

The drying time shall be defined as the minimum elapsed time, after application, when the pavement markings shall have and shall retain the characteristics required herein and after which normal traffic willleave no impression or imprint on the newly applied markings. The City may conduct a field test in accordance with ASTM D-711 to verify actual drying.

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 31 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 Phone: 623-882-7834 GoodyearCITY OF Scope of Work

4.1.9 Appearance and Width of Placed Markings The finished pavement marking line shall have well defined edges and be free from waviness. Lateral deviation of the line shall not exceed one inch in 100 feet. The longitudinal deviation of a line segment and gap shall not vary more than six inches in a 40 foot cycle. According to the width of line called for on the plans the actual width of line shall be within the limits specified in the following table:

Plan Width Actual Width 4 inches 4 to 5 inches 6 inches 6 to 7 inches 8 inches 8 to 9 inches Over 8 inches Plus 1 to 2 inches

After application and sufficient drying time, the marking shall show no appreciable deformation or discoloration under local traffic conditions in an air and/or road temperature ranging from -10 degrees to +180 degrees F.

4.1.10 Retro-reflectance The white and yellow pavement markings shall have the following minimum retro-reflectance values as measured by a 30 meter Mirolux 30 or equivalent portable retro-reflectometer initially, and/or forty-five (45) days after application to the roadway surface:

Product Retro-refiectance (Millicandelas) White 175 Yellow 125

The sample rate to determine if the applied markings meet this requirement will be based on a minimum of four randomly selected points taken approximately at quarter points throughout the entire length of the project. Readings taken at each point shall be for each type of marking that is represented at that location. Such as edge lines, lane lines, legends, symbols, stop bars and cross walks. Three readings will be taken and then averaged with the compliance determination based on the average of those three readings. Additional sample points may be taken by the City. The City considers the LTL-2000 and MX-30 to be equivalent portable retro-reflectometers for determining the requirements stated herein.

If approved by the City, the Contractor may elect to increase bead application rates to ensure conformance within these requirements.

4.2 Other Requirements All work items shall conform to the applicable requirements specified in the following documents:

• Manual on Uniform Traffic Control Devices (MUTCD), Latest Edition, as adopted by the City. • City of Goodyear Engineering Standards and Policies Manual (Viewed online at www.goodvearaz.gov) • Arizona Department of Transportation, Standard Specifications for Road and Bridge Construction, Latest Edition including errata, and addenda and all related Stored Specifications.

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 32 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 Phone: 623-882-7834 Gëë¿Iyear Scope of Work

• Arizona Department ofTransportation, Materials Testing Manual (THE CITY M-XII-TWO-D), Materials Section, Current Edition (Materials Testing Manual). • Arizona Department of Transportation, Approved Products List • American Society for Testing Materials (ASTM), Standard Specifications. American Association of State Highway and Transportation Officials (AASHTO), Standard Specifications for Transportation Materials and Methods of Sampling and Testing. • Maricopa County Department ofTransportation Pavement Marking Manual

4.2.1 Brand Name or Equal Specification The brand name products that are known to be in conformance with these specifications are included in the Arizona Department of Transportation Approved Products List. Alternative brands will be considered ifproven to be of equal or better quality than those listed.

4.2.2 Technical Discrepancies If, at any time, the Offeror is aware ofanydiscrepancies between this specification and any other standard or criteria referenced they shall notify the City in writing. This notification shall provide detailed information regarding the potential problem and present possible solutions, if applicable.

4.2.3 Satisfactorv Performance Life All materials shall be applied per the manufacturer's recommendations and per the applicable requirements of the specifications. Satisfactory performance life shall be considered to be achieved if the actual life of the applied markings do not deteriorate due to natural causes and normal road wear within the specified expected pavement marking life times. The minimum expected pavement marking lifetimes are detailed in Section 14 ofthe Scope ofWork. The contractor shall correct any unsatisfactory performance conditions within that time frame without cost to the City. Consistent unsatisfactory performance may be grounds for parcel or total cancellation of a contract.

Unsatisfactory performance conditions include, but are not limited to, the display of the following:

Any shrinkage that is more than 1/4 inch.

Any delamination of any layer.

Significant discoloration to the point that the marking fails to conform to specified color.

Significant cracking, crazing, blistering, fiaking or chipping that causes the markings to look unsightly and worn out.

The markings were not placed properly per the requirements of the specifications.

Loss of adhesion due to underlying dirt that should have been cleaned off before the markings were placed.

Subjective and/or objective measures as based on this specification and other nationally accepted standards and practices will be used by the City to judge unsatisfactory performance. The contractor shall warranty all applied materials specified expected pavement marking life times.

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 33 of 71 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 ».r~j-LA Phone: 623-882-7834 .NCGBÖ¿lyear Scope of Work

4.3 WATERBORNE PAINT MARKINGS (WPM)

4.3.1 Description The work under this subsection shall consist of cleaning and preparing pavement surfaces and furnishing (if not supplied by the City) and applying reflectorized waterborne paint pavement markings using a hand cart (or short line) spray device and long line spray truck. The paint shall be applied to the locations, shapes, widths and thickness as required by work order and details shown on any attached plans (if applicable) and in accordance with the manufacturers' specifications, these specifications and as directed by the City.

4.3.2 General The waterborne pavement marking paint material shall be a ready-mixed, one component lead-free paint that is specifically compounded for pavement marking. Two types of paints shall be supplied, one specifically designed for roadway surface applications and the other for curb painting. The characteristics of the material shall be such that complete and even coverage of a line at a specified thickness, 15 wet mils for roadway striping and 10 wet mils for curb painting, width and configuration can be achieved at application speeds faster than 5 miles per hour. With glass beads applied, this material, upon drying shall produce an adherent reflectorized marking capable of resisting deformation and wear presented by a roadway environment.

4.3.3 Composition The composition of the paint shall be determined by the manufacturer and shall be per their written requirements and specifications on file with the City as a Class I paint. It will be the manufacturer's responsibility to produce a pigment waterborne paint containing all the necessary solvents, dispersants, wetting agents, preservatives and all other additives, so that the paint shall retain its viscosity, stability and all ofthe properties as specified herein.

The manufacturer shall certify that the product does not contain mercury, lead, hexavalent chromium, toluene, chlorinated solvents, hydrolyzable chlorine derivatives, ethylene-based glycol ethers and their acetates, nor any carcinogen, as defined in 29 CFR 1910 \ 1200. The lead content shall not exceed 0.06 percent by weight of the dry film and the test for chromium content shall be negative.

4.3.4 Ouantitative Requirements ofMixed Class I Paint

Component White Yellow Pigment, percent by weight, ASTM D3727, allowable variation from +/-2.0% +/-2.0% qualifying sample. The minimum shall be 56%. Non-volatile content, percent by weight vehicle, ASTM D2369, allowable +/-2.0% +/-2.0% variation from qualifying sample. The minimum shall be 72%. Viscosity, Kreb units at 77 t 1 °F, ASTM D562. 80-95 80-95 Weight per gallon, pounds at 77 i 1 °F, ASTM D1475. The minimum shall be 13 pounds per gallon. The allowable variation in pounds. Vehicle composition, vehicle Infrared Spectra, ASTM D2621, allowable variation from qualifying sample. None None pH, ASTM E70, allowable variation from qualifying sample. (minimum of +/-1.0 +/-1.0 10.0) Fineness of dispersion, HEGMAN, minimum, ASTM D1210. 3.0 3.0

Solicitation No: IFB 18-4140 www.goodyearaz.gov 1 Page 34 of 71 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 Phone: 623-882-7834 .NC-,.rl4.IZACITY OF Scope of Work Goodyear

Maximum allowable Volatile organic compounds, grams per liter, per 150 150 ASTM D3960 according to 7.1.2. Flash point, degrees F, minimum, ASTM D93, method A. 100 100 9 Dry time to no pick up with no beads, minutes, maximum, ASTM D711. 9 Dry through time, minutes, ASTM D1640 except no thumb pressure is used when thumb is rotated 90 degrees on paint film. 20 20 Flexibility, TT-P-1952D Pass Pass If requested, the contractor via the manufacturer shall furnish factory samples of paints. Additionally, the contractor may also be requested to furnish samples taken from existing stocks at the contractor's yard or at a project site. The City will test these samples. These samples will be used for comparison purposes for those paints actually used on the project and those furnished from the factory. 4.3.5 Drv Opacitv The Dry opacity for the paint will be determined using a black-white Leneta Chart, Form 2C Opacity and a Photovolt 577 Reflectance meter or equal. Using a gap doctor blade a 5 mil film ofpaint shall be drawn that will cover both black and white portions of the chart. The film shall be allowed to dry 24 hours. After calibrating the reflectance meter according to the manufacturer's instructions, the reflectance will be measured over the white and black portions with the green Tristimulus filter. The dry opacity is calculated as follows:

• Reflectance over black/reflectance over white = dry opacity. Dry opacity for both white and yellow paint shall be a minimum of 0.93

4.3.6 Yellowness Index The yellowness index for the white paint will be determined as described for dry opacity, only a 15 mil gap doctor blade will be used to draw down the paint. After drying 24 hours, the paint film's reflectance will be measured using the green and amber Tristimulus filters. The yellow index is then calculated as follows:

• Yellowness index = (amber- blue)/green x 100 Yellowness index for the white paints shall be a maximum of 10.

4.3.7 Static Heat Stabilitv The static heat stability for the paint will be determined as follows: A one pint sample of the paint in a sealed can is to be place in a heated air circulation oven at 120 degrees F +/- 1 degrees F for a period of one week. The sample is then to be removed from the oven and the viscosity checked in Kreb units at 77 degrees F +/- 1 degree F according to ASTM D562. The measured viscosity shall be in the range from 68 to 90. The tested sample shall not show any signs ofinstability (e.gjelling).

4.3.8 Scrub Resistance The scrub resistance will be determined according to ASTM D2486. An appropriate doctor blade is to be used to obtain a dry film thickness of 3 to 4 mils. The sample shall be cured for 24 hours. The scrub test shall be performed at 77 degrees F +/- 1 degrees F at 50% +/- 5% humidity. The sample shall withstand a minimum of 800 cycles.

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 35 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 Phone: 623-882-7834 Gëëäyear Scope of Work

4.3.9 Refiectance The reflectance for both the white and yellow paint (per a lab test without beads) will be determined index using a 15 mil draw down film sample. The same white sample used to determine the yellowness as herein specified may also be used for this test. The reflectance ofthe paint films will thenbe measured using the green Tritimulus filter. The reflectance for the white paint shall be a minimum of 85. The reflectance for the yellow paint can range from 45 to 58.

4.3.10 Freeze-Thaw Properties The paint viscosity or consistency shall not change significantly when the paint is tested for resistance to three cycles of freeze-thaw according to ASTM D2243. 4.3.11 Spray Properties The paint shall be applied at a 15 mil wet film thickness in the field. The paint shall show the following properties: • Dry to a no track time with 90 seconds or less when the line is crossed by a standard size automobile. (77° F, less than 50% humidity, clear/partly cloudy and normal air flow)

• The applied paint shall accept the glass beads with the specified coating so that the beads shall embed into the paint depth to the recommendations ofthe bead manufacturer.

4.3.12 Toxicitv At no time shall these waterborne paint marking materials exude fumes which are toxic or injurious to persons or property.

4.3.13 Phvsical Properties The paint pigment shall be well ground and evenly and uniformly dispersed in the paint solution. The pigment shall not cake or thicken in the container, and shall not become granular or curdled. Any settlement of pigment in the paint shall result in a thoroughly wetted soft mass that can be easily and successfully re-mixed into proper solution with a standard mixing paddle. Upon mixing the paint shall regain a smooth uniform product of the proper consistency. If the paint cannot be mixed back to a uniform, totally sprayable liquid state, then it shall be considered unfit for use and shall not be used. The contractor shall secure replacement material that shall conform to the requirements as specified herein.

4.3.14 Color The paint marking material shall meet the following color requirements: The yellow color shall closely match Federal Test Standard Number 595b, color chip no. 33538. The color will be checked visually, and will be checked against Tristimulus Values for the color according to Federal Test Method Standard No. 141.

• The white color shall closely match Federal Test Standard Number 595, color chip no. 17925. 4.3.15 Required Thickness and Glass Beads The glass bead and application rate will vary based on the type specified. The paint application wet thickness shall be 15 mils and the dry thickness shall be between 8 and 9 mils.

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 36 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 Phone: 623-882-7834 ~NŽGÕE¿iyear Scope of Work

The glass beads shall conform to the applicable requirements of Subsection 708-2.02 of the Standard Specifications, the pavement marking material and glass bead manufacturer's recommendations and as specified herein.

The glass bead type, coating and application rate per specified bead application designation (as stated on Fee Schedule, item description), type, bead coating and rate are: Application Type of Bead (Gradation) Coating * Application Rate Designation (Pounds per Gallon) Std Beads ADOT STD. MP/AC 8 lbs/gal of paint

*NOTE: The coatings shall be per the bead manufacturer's specifications and recommendations for the

- type of paints specified. MP - Moisture proof bead coating. AC Adhesion bead coating. MP/AC indicates the requirement for dual coating. The bead application for curb paint shall be 10 pounds of ADOT standard glass beads per 100 sqiare feet of curb painted.

4.3.16 Installation Requirements

General Typically all long line paint operations will involve a moving application operation unless otherwise directed by the Streets/Traffic Superintendent. The moving striping operation traffic control shall be as approved by the Streets/Traffic Superintendent. The minimum traffic control usually consists of a shadow vehicle (which follows the striping truck) which has an attenuator and a flashing arrow panel. Signs shall be placed to restrict motorist (e.g. regulatory signs that state "Keep Off-The Stripe") from driving on the applied material. For two-way roadways it may be necessary to have a vehicle out in front of the operations with a flashing arrow panel facing opposing traffic. The cost of the shadow vehicle will be included in the cost of the striping.

4.3.17 Equipment The equipment used to install this pavement marking material shall be constructed to provide continuous uniform heating while mixing and agitating the material. The conveying portion of the equipment, between the main material reservoirs and the line dispensing devices, shall be configured to prevent accumulation and clogging. The equipment shall be capable of spraying both yellow and white as to the rates recommended by the manufacturer to achieve the specified thickness. It shall be capable of placing stripes on the left and right sides and placing two lines simultaneously with either solid or intermittent pattern in yellow or white while applying glass beads.

All guns must be in full view of the operator at all times. All parts of the equipment which come in contact with the material shall be constructed for easy accessibility for cleaning and maintenance. The equipment shall operate so that all mixing and conveying parts, including the line dispensing devices, will maintain the material at the application temperature recommended by the pavement marking material manufacturer. The equipment shall have functioning and calibrated temperature sensing devices to verify these temperature requirements.

Solicitation No: IFB 1 8-4140 www.goodyearaz.gov Page 37 of 71 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 Phone: 623-882-7834 .Nt.Göößyear Scope of Work

The operator of the paint truck shall be fully trained and experienced in the application of pavement markings. The equipment shall have pressure gauges that are constantly visible to the operator at all times during the marking operations so that any fluctuations can be detected immediately.

The Contractor shall provide proof that the pressure sensing, temperature sensing devices and corresponding gauges have been calibrated and are fully functional.

4.3.18 Weather Conditions The air and roadway surface temperature at the time of application shall not be less than 55° F and shall be rising. The wind chill factor shall not be below 55° F. The road surface shall be absolutely dry with no surface dampness, dew or subsurface wetness.

4.3.19 Drv Time When applied at a temperature range recommended by the Manufacturer and applied at the specified thickness, the material shall set to bear traffic 1 Ž to 3 minutes when the air and road surface temperature is approximately 75° F +/- 5° F.

4.4 THERMOPLASTIC MARKINGS (THM) Description The work under this subsection shall consist of cleaning and preparing pavement surfaces and furnishing and applying either white or yellow thermoplastic reflectorized pavement markings. This shall be accomplished using hand cart extrusion, long line ribbon extrusion or long line spray dispensing devices ofthe required shape and thickness to the prepared pavement surface at the locations specified on the work order. This work shall be performed in accordance with the details shown on any attached plans, if applicable, the manufacturers' specifications, the requirements of these specifications and as directed by the City. The marking configuration and thickness shall be as specified on the work order.

4.4.1 Materials

Compositional Requirements The thermoplastic reflectorized material shall consist of a 100% solid mixture of heat stable resins, white or yellow pigment, inter-mixed glass beads, filler, and other materials in granular or block form specifically compounded for refiectorized pavement markings to be applied to the pavement in a molten state. The characteristics of the liquefied material shall be such that complete and even coverage of specified width and thickness as a line, legend or symbol is provided by the required application method and rate. Upon cooling to normal pavement temperature, this material shall produce an adherent reflectorîzed marking capable ofresisting deformation and wear in the roadway.

A current listingofapprovedthermoplastic material manufacturers is listed herein under Special Terms and Conditions, Paragraph 33, Brand Name or Equal. 4.4.2 Composition Makeup

The thermoplastic composition shall conform to the following requirements: Percent by Weight Component White Yellow Binder (Hydrocarbon or Alkyd *) 18-28 18-28 White Pigment 10-15

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 38 of 71 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 Phone: 623-882-7834 CITYOF w of Work Goodyear Scope

Yellow Pigment 2-8 Reflective Glass Inter-Mix Beads 30-40 30-40 Calcium Carbonate or Equivalent Filler 20-42 24-45 *NOTE: hydrocarbon shall only be used for long line applications. Alkyd can be used for short or long line applications. The ingredients of the thermoplastic composition shall be thoroughly mixed and in a solid block or free fiowing granular form. The material shall readily liquefy when heated in a melting apparatus into a uniform solution. This solution shall be free from all skins, dirt, foreign objects or any other ingredient which would cause bleeding, blotting, staining or discoloration when applied to the bituminous or concrete pavement surfaces.

The thermoplastic shall consist of one ofthe following binder types depending on the requirements of the pavement marking application:

• Hydrocarbon - shall consist mainly of synthetic petroleum hydrocarbon resins with appropriate fillers and pigments. • Alkyd - shall consist of a mixture of synthetic resins, at least one of which is solid at room temperature and high boiling point plasticizers. At least one-third of the binder composition and no less than eight percent by weight of the entire material formulation shall be solid maleic- modified glycerol ester resin. The alkyd binder shall not contain any petroleum based hydrocarbon resins.

Either alkyd or hydrocarbon thermoplastic formulation may be used for longitudinal lines, including lane lines and edge lines, unless otherwise required by the City. The formulation for these long line applications shall be either for spray or the ribbon extrusion application method. Additionally, the formulation used shall be in accordance with the requirements of the application equipment used to install the markings. Hydrocarbon binder based thermoplastic shall not be used for transverse lines, legends or symbols.

4.4.3 Reflective Glass Beads The drop-on reflective glass beads shall conform to the requirements of Subsection 708-2.02 of the ADOT Standard Specifications except the bead coating shall be as recommended by the bead manufacturer as suitable for thermoplastic.

In addition to incorporating glass beads in the thermoplastic mix, glass beads shall be evenly applied (dropped on) to the surface of the molten material immediately after its application at a uniform minimum rate of 10 pounds of glass beads per 100 square feet of line or marking area (e.g. 300 linear feet of six inch line). 4.4.4 Filler The filler shall be a white calcium carbonate or equivalent filler with a compressive strength of at least 5,000 pound per square inch.

4.4.5 White Pigment The white pigment shall be Titanium dioxide and shall conform to the requirements of ASTM D-476 for Type Il (92%). The white thermoplastic shall have a minimum of 10% by weight of Titanium dioxide.

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 39 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 ..Æ- Goodyear, AZ 85338 Phone: 623-882-7834 GB¿fayear Scope of Work

4.4.6 Yellow Pigment The yellow pigment shall be as recommended by the manufacturer.

4.4.7 Physical Characteristics ofthe Composition

4.4.8 General The thermoplastic material shall not give off fumes which are toxic, injurious or require specialized breathing apparatus when heated to the temperature range specified by the manufacturer for application. The material shall remain stable when held for four hours at this temperature, or when subjected to four reheatings, not exceeding a total of four hours, after cooling to ambient temperature. The temperature viscosity characteristics of the plastic material shall remain constant throughout the reheatings and shall show like characteristics from batch to batch. There shall be no obvious change in color of the thermoplastic material as a result of reheating, and the color of the material shall not vary from batch to batch.

4.4.9 Color The thermoplastic material, after heating four (4) hours (+/- five (5) minutes) at 425° F (+/- 3°) and cooled to 77° F (+/- 3°) shall meet the following:

• White - daylight reflectance at 45° - 0° shall be 70% minimum.

• The color shall match Federal Test Standard Number 595, color chip no. 17925.

• Yellow - daylight reflectance at 45° °- 0 shall be 43% minimum.

• The color shall match Federal Test Standard Number 595, color chip no. 13538.

4.4.10 Softening Point After the thermoplastic material for four (4) hours (+/- five (5) minutes) at 425° F (+/- 3°) and heating 0 testing in accordance with ASTM D36, the thermoplastic materials shall have a softening point of215 F (+/-15° F).

4.4.11 Water Absorption and SDeeifie Gravity The thermoplastic material shall not exceed 0.5% by weight of retained water when tested in accordance with the requirements of ASTM D 570.

The specific gravity ofthe material, as determined by Section 11 ofAASHTO T 250, shall be between 1.85 and 2.3 maximum. 4.4.12 Impact Resistance After heating the thermoplastic material for four (4) hours (+/- five minutes) at 425° F (+/- 3°) and fonning test specimens, the impact resistance shall be not less than 10 inch pounds when tested in accordance with Section 9 of AASHTO T 250.

4.4.13 Bond Strength After heating the thermoplastic material for four (4) hours (+/- five minutes) at 425° F (+/- 3°), the bond strength to Portland cement concrete shall be not less than 180 pounds per square inch. The bond

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 40 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 Phone: 623-882-7834 GòodyearITY OF - Scope of Work

strength shall be determined in accordance with the procedures specified in Section 7 of AASHTO T 250.

4.4.14 Abrasion Resistance The maximum loss ofthermoplastic material during the abrasion resistance test herein specified shall be 0.5 grams.

The abrasion resistance of the thermoplastic material shall be determined by forming a representative = lot of the material at a thickness of 0.125 inch on a four inch square monel panel (thickness 0.050 +/- 0.001 inch), on which a suitable primer has been previously applied, and subjecting it to 200 revolutions on a Taber Abraser at 25° C, using H-22 calibrated wheels weighted to 250 grams. The wearing surface shall be kept wet with distilled water throughout the test.

4.4.15 Cracking Resistance at Low Temperature After heating the thermoplastic material for four (4) hours (+/- five minutes) at 425° F (+/- 3°), applying to concrete blocks, and cooling to 15° F (+/- 3°) the material shall show no cracks when observed from a distance exceeding 12 inches. Testing for low temperature crack resistance shall be in accordance with the procedures specified in Section 8 of AASHTO T 250.

4.4.16 Flowabilitv After heating the thermoplastic material for four (4) hours (+/- five minutes) at 425° F (+/- 3°) and testing for flowability in accordance with Section 6 ofAASHTO T 250, the white thermoplastic shall have a maximum percent residue of 18 and the yellow thermoplastic shall have maximum percent residue of 21.

4.4.17 Yellowness Index The white thermoplastic material shall not exceed a yellowness index 0.12 when tested in accordance with Section 4 ofAASHTO T 250.

4.4.18 Flowabilitv (Extended Heating) After heating the thermoplastic material for eight (8) hours (+/- 1/2 hour) at 425° F (+/- 3°) with stirring the last six hours, and testing for flowability in accordance with Section 12 of AASHTO T 250, the thermoplastic shall have a maximum percent residue of 28.

4.4.19 Flash Point The thermoplastic material shall have a flash point not less than 475° F when tested in accordance with the requirements of ASTM D92 "Flash and Fire Points by Cleveland Open Cup. 4.4.20 Storage Life The materials shall meet the requirements of this specification for a period of one year from the date of manufacture. The month and year of manufacture shall be clearly marked on all packages of thermoplastic material. The thermoplastic must also melt uniformly with no evidence of skins or unmelted particles for this one year period. Any material which does not meet the above requirements, or which is no longer within this one year period at the time of application, shall not be used. The Contractor shall replace the outdated material with new at no additional cost to the City.

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 41 of 71 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 Phone: 623-882-7834 .NCg.rrtinfiCITY OF Scope of Work Goodyear

4.4.21 Primer Sealers The application ofprimer sealer on Portland cement concrete (PCC), hot mix asphaltic concrete (AC), asphaltic concrete friction course (ACFC) or chip seal coat surfaces prior to application of the thermoplastic material shall be as recommended by the thermoplastic material manufacturer. The primer sealer shall be especially compounded for use with the specified thermoplastic material. The contractor shall ensure that the primer sealer used has been approved for use by the thermoplastic manufacturer for use with their material.

The thermoplastic material supplied normally should not require the application of separate primer sealer on newly placed AC surfaces prior to application of the thermoplastic material. The application of primer sealer shall be required on all PCC surfaces after the removal of all curing compounds.

The use of waterborne pavement marking paint as a replacement to the application of primer sealer is not acceptable.

4.4.22 Inter-Mix Glass Beads The inter-mix beads shall be coated or uncoated and conform to AASHTO M247-81 (1986) type I. The use or non-use of coatings shall be left to the discretion ofthe manufacturer. If non-coated beads are used the thermoplastic formulation shall be configured to minimize settling ofthe intermixed beads when the material is heated and applied.

4.4.23 Installation Requirements

• Thermoplastic Application Equipment The equipment used to melt hot applied thermoplastic material shall be constructed to provide continuous uniform heating to temperatures exceeding 400° F while mixing and agitating the material. The heating mechanism of the kettle shall be equipped with a heat transfer medium consisting of oil or air. The burner flame must not directly contact the material vessel surface. The mixing and agitating mechanism shall be capable of thoroughly mixing the material at a rate which ensures constant uniform temperalure distribution. The kettle shall have two temperature gauges, one to indicate the temperature of the heat transfer medium (oil or air) and the other for the thermoplastic material. Additionally, the kettle shall be equipped with an automatic thermostat control device that allows for positive temperature control to prevent overheating or under-heating ofthe material.

The conveying portion, between the kettle(s) and the dispensing device (extruder, ribbon gun or spray gun), and the dispensing device shall be configured to prevent accumulation, clogging and shall be capable of maintaining the material at the specified application temperature. The dispensing device shall be capable ofapplying the required marker shapes and thickness. All melting and application equipment shall have functioning and calibrated temperature sensing devices to verify that temperature requirements are being met. The contractor shall provide proof that the temperature sensing devices and corresponding thermometers have been calibrated and are fully functional.

The use ofpans, aprons or similar appliances which the dispenser overruns will not be permitted.

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 42 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 .NêtCITY OF ~ Scope of Work Phone: 623-882-7834 Goodyear

The hand applicator equipment shall be either a self-contained melter applicator unit or a reservoir application unit that is filled from a separate melter unit. Both types of units shall be equipped to maintain and measure the required application temperatures.

The heating kettle and application equipment shall meet the requirements of the National Fire Underwriters and the National Fire Protection Association and other applicable federal, state and local authorities.

In addition to the normal "ABC" dry chemical fire extinguishers, all thermoplastic melting units, trailer or trucks, shall be equipped with foam type fire extinguishers that are suitable to be applied to molten thermoplastic that is at the flash point. All work crews shall be provided with heat/flame resistant clothing, gloves, face and eye protection that shall be used when loading thermoplastic into heated melting kettles and is also available for emergencies. All crews shall be equipped with burn first aid kits.

• Application of Thermoplastic Alkyd and hydrocarbon materials will fuse to one another on a pavement surface, however, these two thermoplastic formulations are incompatible in a melting kettle. Failure to completely clean out kettles during material change can cause severe equipment and marking application problems. The contractor shall completely clean out kettles and application equipment when materials are changed.

An alkyd thermoplastic formulation shall be used for all transverse lines (e.g. stopbars, crosswalks) symbols and legends. Either an alkyd or hydrocarbon thermoplastic formulation can be used for longitudinal lines (e.g. lane lines, edge lines, gore lines) unless otherwise specified on the Contract Work Order. Extrude or spray formulations shall be used per the application equipment used to install the markings.

The ribbon gun application method shall only be used ifspecifically called for and approved by the Streets/Traffic Superintendent.

When thermoplastic markings are to be applied to new PCC pavement, any curing compound present shall be removed by means of a high pressure water jet or sandblasting, followed up by sweeping and high pressure air spray. The curing compound shall be removed at least one to two inches more than the width of the marking to be installed to ensure proper adhesion and to allow for location deviations. Removal of curing compound shall be paid for separately.

The adhesion of thermoplastic to any surface is sensitive to the presence of any surface or subsurface moisture. If excessive moisture exists, the thermoplastic will usually blister up on application. Ifthis condition occurs, marking operations shall be stopped until the pavement dries. The Contractor shall be responsible to test the pavement for surface or subsurface moisture.

The thermoplastic pavement marking material shall be hand cart extruded, ribbon extruded or sprayed on to the pavement surface at a material temperature range between 400° F to 460° F depending on ambient air and pavement temperatures and the pavement surface to which the material is being applied. The controlling thermoplastic material temperature shall be measured at

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 43 of 71 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 Gëëèlyear Scope of Work Phone: 623-882-7834

the point the material is applied to the pavement surface. The contractor shall verify temperature requirements with a non-contact infrared thermometer as directed by the City.

The contractor shall maintain a log of kettle, line and applicator and point of application temperatures every thirty minutes while material is being applied. Temperature readings shall be witnessed by the City inspector if possible. The City may require temperature readings to be taken at shorter time intervals. Specified temperature requirements shall be maintained at all times.

The proper application temperature for applying thermoplastic (400° F plus) shall be maintained at all times. Improper application temperatures will result in bond failure. Exact application temperatures, within the allowed limits of 400° F and 460° F, shall be per the manufacturer's recommendations. Normally, those recommendations require thermoplastic material to be applied at 440° F +/- ifthe air and/or pavement surface temperature is at 50° F. If the pavement surface is at 77° F or higher the thermoplastic material may be applied at a lower temperature. Application on PCC pavement surfaces or over well adhered existing pavement markings shall exceed 425° F in order to maximize penetration and bond strength.

The resin binders used in alkyd and hydrocarbon thermoplastic materials increasingly degrade at temperatures of 450° F and above. It is allowable for the temperatures to exceed 460° F for short periods of time, however in no case shall the material be held for more than four hours at the maximum application temperature. Total heating time for any batch of material shall not exceed six hours. The contractor shall note the time in the application log when the thermoplastic material is first heated. The start ofheat time shall also be marked on the side ofthe kettle to which it applies or in some equivalent fashion. The logged heating time shall be updated each time the kettle is reloaded.

The contractor shall minimize the thermoplastic material remaining ill the kettle at the end of the work day and shall blend a minimum of 80% fresh material for the next day. It is allowable to inventory thermoplastic material in approved containers to draw down molten material due to bad weather or other problems.

• Primer Sealer Application On both old and new PCC pavement a primer sealer may have to be used. The primer sealer shall be applied prior to placing the thermoplastic material to assure a satisfactory bond is achieved. The primer sealer shall be applied per the manufacturer's recommended application rates. The primer shall set for the specified cure or evaporation time and shall be free of solvent and water prior to thermoplastic being applied.

The primed pavement surface shall be marked within the specified set time or within the same working day. If the primed surfaces are not marked within these time limits, the Contractor at no additional cost to the City shall re-prime the surfaces as requiredby the manufacturer. If an epoxy primer is used, the thermoplastic application must occur before the epoxy has cured.

Improper primer sealer application will cause bond failure between the thermoplastic and the pavement surface. Improper application may also result in causing the thermoplastic suIface to pinhole or blister. If this condition occurs, all application operations shall stop. All defective markings shall be removed and replaced at no additional cost to the City.

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 44 of 71 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 '•4 Phone: GoodyearCITY OF Scope of Work 623-882-7834

4.4.24 Air and Pavement Temperature The air and roadway surface temperature at the time of application ofany thermoplastic marking shall not be less than 50° F and shall be rising. The wind chill factor shall not be below 45° F. Ribbon gun applications shall not be used ifwind chill factors are below 65° F. 4.4.25 Drying Time When applied at a temperature range of 412.5° F (+/- 12.5°) and thickness of 0.060 inches to .185 inches, the material shall set to bear traffic in not more than two minutes when the air and pavement surface temperature is approximately 90° F (+/- 3 degrees). 4.4.26 Thermoplastic Application Guidelines/Requirements

The applications ofthermoplastic markings are to be as follows: Type of Bead Application Thermoplastic Application (Glass Beads are per Binder System Type Surface Types Subsection 708-2.02 of No. and Marking Thickness Std. Spec.) Application 1 Hydrocarbon or 0.040 * Spray All surfaces 10 lbs. of glass beads per Alkyd, Long Lines 0.002" 100 square feet of markings Hydrocarbon or 0.080 zt Ribbon All clean pavement 10 lbs. o f glass beads per 2 Alkyd, Long Lines 0.002" Extruded surfaces or well 100 square feet of adhered existing markings markings surfaces 3 Hydrocarbon or 0.080 * Ribbon All surfaces 12 lbs. of glass beads Alkyd, Long Lines 0.002 . Extruded (with premium small/large glass bead blend) per 100 square feet of markings 4 Alkyd, Short Lines 0.090 * Hand Cart All clean pavement 10 lbs. of glass beads per " 0.002 Extruded surfaces or existing 100 square feet of marking surfaces markings where 85% or more of existing markings have been removed NOTES: (1) "Long lines" - lane lines, edgelines, centerlines, gore lines, ard ramp skip lines (2) "Short lines" - are crossbars, crosswalks, intersection turn lines, cross hatch, or any other transverse line which crosses a traffic lane

4.5 PROFILE THERMOPLASTIC MARKINGS (PFTM) Description The work under the profile thermoplastic pavement marking installation items shall consist of cleaning, furnishing and applying the markings to the prepared pavement as required herein and in accordance with the manufacturers' specifications.

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 45 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 - Phone: 623-882-7834 GoodyearCITY OF Scope of Work

4.5.1 Material Requirements All materials shall be properly packaged and stored and shall have accurate package markings that define the manufacturer, batch number and date ofmanufacture. Additionally, the material type and formulation shall be distinctively shown on each container. Material Safety Data Sheets (MSDS) and manufacture application requirements shall be attached to pallets or groups of materials as appropriate. All formulations shall be as required by the manufacturer for the application equipment to be used by the contractor and per the specified requirements of these specifications. Only those thermoplastic formulations that are specifically designed for use as a profile marking system that can be applied on an asphaltic roadway in the Arizona desert in the summer time are to be used. A current listing of approved profile thermoplastic material manufacturers is listed on the Arizona Department of Transportation Approved Products List. The profile pavement markings will typically be placed over existing pavement markings. The starting and stopping points for the new lines over the existing lines shall not vary more than two (2) inches lengthwise and not more than 1/2 inch on the width. Each material has its specific application temperature requirements. The material's manufacturer's recommendation regarding these temperatures shall be followed at all times. The profile thermoplastic markings, after application to the roadway surface, shall be to the specified thickness within the following tolerances: 60 mil base line +/- 8 mils 500 mil bump (includes base line) +/- 80 mils

If the thickness and/or shape of the applied markings are not conforming to the requirements of the specifications within acceptable parameters, all marking operations shall stop. Corrective action shall immediately be taken (e.g. adjusting application speed and/or flow settings) to ensure that the proper thickness and shapes are being achieved. The exact configuration of the thermoplastic bump shall be per the manufacturer's recommendations. However, as a minimum, the bump shall be at least 5-1/2 inches wide (on a six inch wide stripe) and not less than one inch long, parallel with the direction ofvehicle travel. The nominal height ofthe bump shall always be one half inch. The bumps shall be placed at 16 inch (+/- 1) inch intervals as measured between the centers ofthe bumps, along the six inch wide profile edge or centerlines. Applying thermoplastic at the proper application temperature (350 degrees F. plus) shall be maintained at all times. Improper application temperatures will result in bond failure. Exact application temperatures, within the allowed limits of 350 degrees F. and 460 degrees F., shall be per the manufacturer's recommendations. Total heating time for any batch of material shall not exceed six hours. The no track and drying times shall be accounted for in all traffic control plans. Traffic shall not be allowed on any profile thermoplastic marking until it has reached no track and is fully dry (or cooled). No track and dry time is that lapsed time that is required for the markings, as applied in the field with glass beads, not to splash, track or deform when run over with a vehicle tire. The contractor will be responsible for all claims for markings splashed on vehicles arising from the contractors operations. Cones shall be utilized to protect the applied markings until they sufficiently dry to receive traffic.

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 46 of 71 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 w Phone: 623-882-7834 ~ CITY OF. of Work öooayear Scope

The profile of thermoplastic reflectorized pavement marking material shall consist of a 100% solid mixture of heat stable resins, white or yellow pigment, inter-mixed glass beads, filler, and other materials in granular or block form specifically compounded for as a profile type of pavement markings system. The characteristics of the molten liquefied material shall be such that complete and even coverage of specified width and thickness as a line with a raised-rib pattern (profile or bump) at the specified thickness, width and configuration can be consistently achieved within the given tolerances. Upon cooling to normal pavement temperature, this material shall produce an adherent reflectorized marking of the specified pattern that is capable of resisting deformation and wear by a roadway environment.

The profile pattern shall be such that it produces easily recognizable vibration and sound in vehicles as they drive over the applied markings at highway speeds. Only those profile thermoplastic products which have been specifically designed to operate as a longitudinal rumble strip system and have also been subjected to numerous road tests and have a proven history of successful performance shall be offered. 4.5.2 Composition Requirements The profile thermoplastic composition shall generally conform to the following requirements: Percent by Weight White Yellow Binder (hydrocarbon or alkyd) 15 min. 15 min. White Pigment 8 min. Yellow Pigment 2 min. Reflective glass inter-mix beads 20 min. 20 min.

4.5.3 Filler The filler shall be a white calcium carbonate or equivalent filler with a compressive strength of at least 5,000 pound per square inch. 4.5.4 White Pigment The white pigment shall be Titanium dioxide and shall conform to the requirements of ASTM D-476 for Type H (92 percent). The formulation shall have a minimum of 8% by weight of Titanium dioxide. 4.5.5 Yellow Pigment The yellow pigment shall be as specified by the manufacturer. 4.5.6 Phvsical Characteristics ofthe Composition The profile thermoplastic material shall not give off fumes which are toxic, injurious or require specialized breathing apparatus when heated to the temperature range specified by the manufacturer for application. The material shall remain stable when held for four hours at this temperature, or when subjected to four reheatings, not exceeding a total of four hours, after

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 47 of 71 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 Phone: 623-882-7834 Goodyear Scope of Work

cooling to ambient temperature. The temperature viscosity characteristics ofthe plastic material shall remain constant throughout the reheatings and shall show like characteristics from batch to batch. There shall be no obvious change in color of the thermoplastic material as a result of reheating, and the color of the material shall not vary from batch to batch. 4.5.7 Color The thermoplastic material, after heating for four hours +/ - five minutes at 425 +/- 3 degrees F. and cooled to 77 +/- 3 degrees F., shall meet the following:

-White - daylight reflectance at 45 degrees - 0 degrees shall be 70 percent minimum. -The color shall match Federal Test Standard Number 595, color chip no. 17925. -Yellow - daylight reflectance at 45 degrees - 0 degrees shall be 43 percent minimum. -The color shall match Federal Test Standard Number 595, color chip no. 13538.

4.5.8 Abrasion Resistance The maximum loss of thermoplastic material during the abrasion resistance test herein specified shall be 0.5 grams.

4.5.10 Inter-Mix Glass Beads The inter-mix beads shall be coated or uncoated and conform to AASHTO M247-81 (1986) type I or other suitable specified glass bead. The use or non-use of coatings shall be left to the discretion ofthe manufacturer. Ifnon-coated beads are used, the thermoplastic formulation shall be configured to minimize settling of the intermixed beads when the material is heated and applied. 4.5.11 Demonstration The contractor shall verify to the City's satisfaction (e.g., test application), at a location off the project site the ability to place the profile thermoplastic material as specified before being allowed to place the markings on any mainline highway. The contractor shall be responsible for all preparatory and cleanup work in conjunction with the off-site verification as well as for the applications of the markings on the highway. The demonstration shall be repeated until the City is satisfied that the work can be done as specified. Only one color needs to be demonstrated. 4.5.12 Drop-On Reflective Glass Beads Ill addition to incorporating glass beads in the thermoplastic mix, glass beads shall be evenly applied to the surface of the molten material immediately after its application at a uniform minimum rate of 10 pounds of glass beads per 100 square feet of line or marking area (e.g. 150 linear feet of four inch line). The glass bead shall conform to the applicable requirements of

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 48 of 71 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Jri Goodyear, AZ 85338 NétGëëäyear Scope of Work Phone: 623-882-7834

ADOT Standard Specification Subsection 708-2.02 unless a different type and gradation is recommended by the profile thermoplastic manufacturer. 4.6 Pavement Marking Removal And Surface Preparation (Pmr) Or (Sp) 4.6.1 Description The work under this subsection shall consist of all the necessary work to remove (or obliterate) existing permanent white and yellow pavement markings (lines, legends, symbols and raised pavement markers) or prepare these types of surfaces for restriping in accordance with the applicable requirements of the Contract Work Order, these specifications and as directed by the City. The work shall also include the cleaning of surrounding pavement surfaces, removal and disposal of removed material and pavement repair as necessary. All areas that are obliterated will be sealed with an asphalt slurry seal per MAG Section 460.2 or approved equal. The markings to be removed shall be as detailed on the project work order. 4.6.2 Work Requirements Painting or slurry sealing over existing pavement markings does not constitute obliteration. This includes the application of new permanent markings over existing markings designated to be removed. Ifthe work order specifies removal, then all markings are to be removed and the surface cleaned prior to the application ofnew markings.

All obliteration and surface preparation shall be by an abrasive with a waterborne substance, air driven substance, or grinding method. No other method is acceptable. However, all obliteration and surface preparation methods used shall be in compliance with all federal, state and local safety and environmental laws. It is the contractor's responsibility to apply for any required permits (if applicable) in a timely fashion so as not to create a delay.

Pavement surfaces that are unduly damaged as a result of obliteration or surface preparation work shall be repaired and sealed in a manner acceptable to the City at no additional cost to the City. Sealants will need to be approved by the Streets/Traffic Superintendent. This requirement only applies to those pavement surfaces that are judged by the City to be in good shape prior to any removal or surface preparation activities.

Pavement grin(ling or water blasting shall not penetrate the pavement surface more than 1/8 inch. Grinding or water blasting of newly laid AR-ACFC or PCCP (installed within the past year) is not recommended.

It shall be the responsibility of the contractor to provide for adequate disposal of removed material in approved landfills. Dumping of removed materials on state property is prohibited unless approved by the City.

After removing the existing pavement markings or preparing marked surfaces identified, the contractor shall immediately clean-up and contain aliloose material from the road surface prior to reopening the roadway to traffic. The method of cleaning the surface is subject to approval by the City and shall include sweeping and/or vacuuming. Aliloose material including all grindings and obliterated marking material shall be collected and removed from the pavement surface and properly disposed of.

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 49 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road 4//& P.O. Box 5100 Goodyear, AZ 85338 - - Phone: 623-882-7834 GoodyearCITY OF Scope of Work

Ifthe area in which markings have been removed or surface prepared is going to have new markings applied to it, then the method of surface preparation shall also be per the recommendations of the pavement marking material manufacturer. The cost for drying (if water method is used) or cleaning and preparing the surface, including abrasive sweeping and high-pressure air spray, shall be considered part of the cost for applying the new pavement markings and no separate measurement or payment will be made for this work, unless otherwise noted on the work order or herein included and described.

The application oft)rimer sealer for thermoplastic and the removal ofPCCP curing compound will be paid for under a separate items. The application of primer and contact cement for preformed tape markings is incidental to those specific items.

Markings that are obliterated (or removed) shall be 98% to 100% removed.

If existing pavement markings are to be overlaid with new markings, then the existing markings surface shall be prepared so that the new markings are placed on existing material (existing markings or pavement) that is well adhered to the pavement. To accomplish this, the contractor shall remove a minimum of 20% ofthe existing markings.

The obliteration (or removal) of pavement marking lines will be measured by the linear foot along the center line ofthe existing pavement marking line (or stripe) and will be based on a six inch wide line based on type material it appears to be (thermo/tape or paint) and the pavement surface that it is on (PCCP or AC) regardless of thickness or the number of layers. The most difficult marking material to remove will govern which payment item is to be used for that work. 4.7 Pavement Markings Removal and Pavement Surface Appearance Blending

The Pavement Marking Removal item shall involve the removal and disposal of at least 95% of the pavement markings at the locations indicated by the City. This total removal effort may involve at least two separate processes. First, all of the existing pavement markings (thermoplastic, tape, paint, etc.) shall be completely taken off the pavement surface with a combination grinding and/or high pressure water or confined sand blaster that is specifically designed for pavement marking removal. The third step shall involve the sweeping; vacuuming and collecting alilose material and removing it from the roadway.

The Pavement Surface Appearance Blending item shall involve an effort by the contractor to blend the appearance of a pavement surface to eliminate the false image of pavement marking lines which were removed to allow for the repositioning of the traffic lanes. All of the traffic lanes which are ill the areas where lane lines have been removed shall be subjected to this treatment. The total square foot of the pavement surface to be treated shall be as directed by the City. Initially it is anticipated that between two to three feet ofpavement surface width on either side of a former lane line and all ofthe lateral gap distance between the lane lines will need to be treated. However, the final determination of the limits of treatment and the amount of "appearance blending" effort (how much high power water or sand blasting) that is needed to taper the "look of the pavement surface" back to what is acceptable from a traffic operations stand point cannot be finalized until it is actually done in the field and is inspected visually. To minimize pavement damage the contractor shall exercise extreme care when removing markings. The removal method use shall not abrade or grind the pavement surface in a manner that permanently scares the pavement surface that would have a negative impact on the pavement or traffic operations. Grinding

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 50 of 71 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 Gõößyear Scope of Work Phone: 623-882-7834

of the pavement marking Surface initially, to loose the existing material up, is and acceptable method. Grinding to remove lines that run parallel to traffic is also generally acceptable. However, grinding shall not be the primary means to remove the existing pavement markings that are within the travel way, unless the markings are transverse (crosswalks, stop bars, legends and symbols). The use of high pressure water blaster which is specially designed for high production pavement marking removal shall be used. The contractor shall be responsible for all cost associated with repairing pavement surfaces damaged by their carelessness, error or improper removal techniques.

All removal and pavement surface performance blending methods shall be in compliance with the applicable federal state and local regulations. It is the contractor's responsibility to apply for any required permits.

After the markings have been removed and ifauthorized by the City the contractor shall begin an effort to blend the appearance ofthe pavement surface where the markings where removed to the appearance ofthe pavement surface in the traffic lane area. This pavement surface appearance blending shall be done to help ensure that the pavement surface of where the removed markings where does not leave enough of a ghost image to appear as lane line markings under certain seeing conditions.

Often during sun rising or setting driving conditions on east/west roadways it is possible for the former locations of removed pavement markers and markings to appear as active lane or edge lines which are in fact in conflict with the actual pavement markings. To account for this possibility this "pavement appearance blending" item has been established. The intent of this item is to subject enough of the pavement surface on either side of the existing lane line which have just been removed with a surface abrasion treatment that sufficiently obscures the area where those markings where so they will no longer have the appearance that they are markings under all road user seeing conditions. This item is also intended to prepare and clean the pavement surface for the application of the new pavement markings.

Ifa high pressure water blaster pavement marking removal truck is used the following general criteria is anticipated: for pavement marking a narrow removal head with a vehicle velocity oftwo miles per hour or less applies; and for pavement surface appearance blending a narrow removal head at a slightly higher vehicle velocity than that used for removal or a wider removal head with a vehicle velocity ofbetween two to three miles per hour applies. Additionally, for surface appearance blending, as the offset from where the existing markings where removed is increased, the velocity of the vehicle can increase, beyond the limits indicated, if such of a velocity is successful in tapering the surface appearance in a manner that is acceptable to the City.

It is anticipated the desired result can be achieved in one pass, however if this is not possible then additional passes can be effected at or above the velocities used for the first pass. Prior to starting the project the contractor shall, in the presence of the engineer, test this general criteria for effectiveness in achieving the desired end product. The end product being a pavement surface that is thoroughly clean and has an un- pavement marked appearance under all anticipated driver seeing conditions. Based on the results of this test the criteria shall be adjusted as approved by the City. Additionally, these criteria can be adjusted again ifduring the project it is determine that it is necessary to change it achieve the desired end product as judged by the City.

It shall be the responsibility ofthe contractor to gather and provide for the disposal of all removed materials in approved landfills.

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 51 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 W - Phone: 623-882-7834 GoodyearCITY OF Scope of Work

The techniques and equipment used pavement marking removal and pavement surface appearance blending, and the end result shall be subjected to review and approval by the City.

4.8 Method of Measurement The removal of the pavement markings will be measured by the linear foot along the center line of the existing pavement stripe made of either thermoplastic, tape, ceramic buttons, raised pavement markers or other pavement marking material based on the equivalent four inch width. The removal of the existing adhesive pad(s) in the gap between the existing ten foot lane lines shall be considered incidental to this item and will not be measured.

The pavement surface appearance blending will be measured by the square foot based on the area so treated and approved by the City.

5. WORK SCHEDULE The Contractor shall provide the City with a Work Schedule. The work schedule shall account for known City priorities and also seasonal weather conditions. Work schedule and planning meetings shall be held as necessary and as requested by the Streets/Traffic Superintendent. All work shall be performed during times requested by the Streets/Traffic Superintendent. No work will be performed on weekends or State holidays without prior approval by the Streets/Traffic Superintendent. All work hours and days will be subjected to restrictions that are established by the Streets/Traffic Superintendent. The contractor may be required to work at any hours of the day or night, week or weekend. This provision is necessary to minimize the negative impacts on the motoring public.

The scheduling of all work shall account for the ambient and surface temperature requirements of the materials to be applied (as applicable). Additionally, the schedule shall have adequate time for the logical completion of all work activities, including drying time of applied markings, and the setting and removal of the necessary traffic control.

Contractor shall adhere to the approved work schedule and shall complete all work during the calendar week in which it is scheduled unless circumstances occur which are beyond the control of the Contractor. If the Contractor falls behind schedule at any time, additional workers shall be assigned at no additional cost to the City until the work is back on schedule.

The City reserves the right to make adjustments in the schedule at any time to avoid conflict with highway construction or maintenance operations or to better serve the City's needs.

All work crews and work crew supervisors (marking and traffic control) shall be equipped with mobile phones. The contractor shall provide the City a detailed listing of their crews and their phone numbers. All contractor generated plans and schedules are subject to City approval. Any significant change to the schedule and/or plan must be submitted to the Streets/Traffic Superintendent for review and approval.

The contractor shall be responsible for verifying quantities prior to the start of any project. All changes must be approved by the City prior to the start of work. Any changes to the quantities and/or scope encountered once the project begins shall be immediately brought to the attention of the City inspector. The changes must be reviewed and approved before any additional and/or new work is done. Any significant amount of extra or

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 52 of 71 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338

- GoodyearCITYOF - Scope of Work Phone: 623-882-7834

new work that is done beyond the approved Contract Work Order/Contract Purchase Order will not be eligible for payment, to include any associated traffic control.

The contractor shall adhere to the approved work schedule and plan. If work is not completed per the schedule and/or plan, a written report to the Streets/Traffic Superintendent shall be made explaining why the work was not completed. This report shall be made within the first working day of the following week. A plan for getting back on schedule shall be contained within this report. If contractor action or non-action is judged to be the reason for the problem, the City may require the contractor to assign additional personnel and equipment to get the project back on schedule. Any additional costs association with this assignment of additional resources (e.g. overtime, equipment rental, traffic control, subcontractors) to the project that are beyond the scope of this contract will be bore by the contractor.

6. MAINTENANCE & PROTECTION OF TRAFFIC 6.1 All traffic affected by this construction shall be regulated in accordance with the City of Phoenix "Traffic Barricade Manual," and the items listed below. The following traffic restrictions are minimum requirements throughout the construction period:

6.1.1 All traffic restrictions listed herein are to supplement the City of Phoenix "Traffic Barricade Manual," and are not intended to delete any part of the manual. All reference in the "Traffic Barricade Manual" to "arterial" and/or "collector" streets shall mean "arterial and/or major arterial" streets and are referred to as "major" streets in the following sections. 6.1.2 A minimum of two travel lanes (one for each direction) shall be maintained open to traffic at all times on all major streets. All work that enters or crosses a major street must be done at times other than 6:00 a.m. to 8:30 a.m., and 4:00 p.m. to 7:00 p.m.

6.1.3 A travel lane shall be defined as ten (10) feet of roadway with a safe motor vehicle operating speed oftwenty-five (25) miles per hour.

6.1.4 A travel lane will not be considered as satisfactorily open to traffic until it has been graded reasonably smooth and is paved with a minimum of two (2) inches of asphalt. This shall be considered temporary pavement and shall be removed completely before proceeding with final surfacing.

6.1.5 The Contractor shall provide and maintain all necessary traffic controls, and must provide flashing arrow boards to protect and guide traffic for all work in the construction area.

6.1.6 Intersection area shall be defined as all of the area within the right-of-way of intersecting streets, plus two-hundred fifty (250) feet beyond the center of the intersected streets on all legs of the intersection. 6.1.7 The Contractor shall maintain all existing traffic signs 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 any signs interfere with construction, the Contractor shall notify the Inspector at least 48 hours in advance for City forces to remove said signs. The Contractor shall be responsible for having all temporary traffic control signs installed and maintained during construction. The Streets/Traffic Division will re-set all traffic and street name signs to permanent locations when notified by the Engineer that construction is complete.

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 53 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road 4/,4 P.O. Box 5100 Goodyear, AZ 85338 Phone: 623-882-7834 GoodyearCITYOF Scope of Work

6.1.8 Local access to all properties on the subject project shall be maintained at all possible times in the form of a safe and reasonable direct route to at least one of the above defined major streets. Whenever local access cannot be maintained, the Contractor shall notify the affected property owner or user and the Engineer at least twenty-four (24) hours in advance.

6.1.9 The Contractor shall be required to provide a uniformed off-duty City ofGoodyear police officer to assist with traffic control whenever traffic in any one direction is restricted to one lane at a signalized major intersection or at other locations if it should become necessary in the opinion of the Engineer. During construction activities that do not restrict a maj or signalized intersection, police officer assisted traffic control is not required.

Measurement for payment ofthe uniformed off-duty Goodyear police officer hours will be made by the actual number ofman-hours used for traffic control at signalized major intersections or as approved by the Streets and Traffic Superintendent. Payment for the off-duty Goodyear police officer will be made at the City of Goodyear contract unit price bid per hour for OFF DUTY GOODYEAR POLICE OFFICER. A supervisor is required whenever four (4) officers are used or in the event that only a supervisor is available. The net hourly rate shall be increased to include withholding for Federal, State, FICA, Medicare, Worker's Compensation insurance and any payroll administrative costs. Contractor must fill out a request for off-duty police officer contract one week prior to the event.

6.1.10 The Contractor shall prepare a traffic control plan for applicable projects and submit it to the City Streets/Traffic Superintendent for review and approval at least seven (7) working days before the pre-construction conference. The traffic control plan shall include flashing arrow boards, barricades and signs, and shall address how local access to adjacent properties will be handled in accordance with the specifications herein. Any changes to the traffic control plan during construction shall be submitted to the City Streets/Traffic Superintendent for approval at least seventy-two (72) hours before implementation. 6.1.11 It is the City's desire to maintain one lane of traffic in each direction on minor streets whenever possible. Should it become imperative for the Contractor to close off a portion of any minor street or reduce the travel way to a single lane, he must obtain approval from the City Streets/Traffic Superintendent twenty-four (24) hours prior to implementing a traffic control change. He must provide all the necessary signs to detour traffic and/or flagmen to control traffic for a single lane. The maximum amount of time that the street may be closed is from 9:00 a.m. until 4:00 p.m. The cost ofthe shadow vehicle will be included in the cost ofthe striping.

6.1.12 General Process Before proceeding with the contract, the contractor will be required to developtypical traffic control plans and traffic control work item lists for each of the tasks necessary for the Pavement Marking Maintenance Project. These typical plans are to be submitted to Streets/Traffic Superintendent for review and approval. All traffic control and moving operations shall be per the Phoenix Barricade Manual, latest edition. All striping and shadow vehicles, in moving striping operations, shall be equipped with large black on white regulatory signs which state "KEEP OFF THE STRIPE" and "NO PASSING". Black on orange warning signs stating "WET PAINT" shall be placed at a minimum of one mile

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 54 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road 4/,/. P.O. Box 5100 Goodyear, AZ 85338 GoodýearCITY OF Scope of Work Phone: 623-882-7834

intervals (=1=) throughout the restriping area. These signs shall be placed in both directions if the roadway is two-way.

6.1.13 Other Provisions Ifany condition exists which, in thejudgment ofthe Streets/Traffic Superintendent or the inspector, requires special traffic control methods or signing, such traffic control shall be supplied by the contractor.

All traffic control situations are subject to the City's approval. The Streets/Traffic Superintendent or the inspector shall have final authority in traffic control matters.

The contractor shall notifythe City inspector immediatelyprior to establishing traffic control which restricts or closes a traffic lane and immediately upon dismantling any restriction or closure. If a ramp or road closure is required, the traffic control plan must show a detour route.

The contractor shall provide experienced, competent, qualified traffic control technicians for all traffic control activities.

All traffic control devices shall conform to the requirements of the MUTCD and shall be maintained in a clean and serviceable condition at all times. Any unsuitable or unserviceable devices shall be replaced immediately. The City shall be the solejudge of serviceability oftraffic control devices.

Traffic control set-ups shall be continually observed and maintained by the contractor's personnel who are trained and competent in the use oftraffic control devices.

The contractor shall not store any traffic control devices within thirty (30) feet ofthe roadway.

A truck mounted attenuator shall be utilized in all operations which restricts or eliminates usage of a traffic lane. Attenuator position shall be shown on the Traffic Control Plan. The truck mounted attenuator shall conform to Standard Specification 701-3.07.

When work of a progressive nature is involved, the necessary devices shall be moved concurrently with the advancing operation, based on the no-track time of the pavement marking material (if applicable). The use of temporary devices shall not extend beyond the anticipated length of work of one shift production. All vehicles involved in the moving pavement marking operation shall have appropriate traffic warning signs attached. Sign legends and location ofplacement on each vehicle shall be included in the Moving Pavement Marking Operation Traffic Control Plan. No additional payment will be made for vehicle mounted signs.

If requested by the City, the contractor shall provide the services of an off-duty uniformed law enforcement officer and, if requested, an official law enforcement vehicle. All off-duty law enforcement personnel utilized under this contract must be certified by the Arizona Law Enforcement Officer Advisory Council (ALEOAC). An hourly item for law enforcement officer and law enforcement vehicle, excluding DPS Officers, has been established on the Fee Schedule.

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 55 of 71 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road 4,//· P.O. Box 5100 Goodyear, AZ 85338 W - Phone: 623-882-7834 GoodyearCITYOF Scope of Work

All traffic control devices are to be compliant with the applicable NCHRP-350 criteria per the dates mandated by the Federal Highway Administration (FHWA).

Retroreflective signs are required for all warning signs.

7. EOUIPMENT The contractor shall provide and maintain during the entire period of this contact, equipment sufficient in number, operational condition and capacity to efficientlyperform the work and render the services required by this contract. This includes sufficient "backup" equipment to provide uninterrupted service when equipment breakdown occurs. All long line trucks shall be equipped with a flashing arrow board on the back and a front mounted locator wheel or equivalent camera targeting system. The use of a pointer bar or "T" bar on long line equipment is prohibited.

A separate payment for flashing arrow panels on any vehicle shall not be considered for payment. The costs of all warning lights and panels on any vehicle shall be considered incidental to the appropriate item. All vehicles involved in a moving operation shall have flashing arrow panels unless approved otherwise by the City. All vehicles involved in moving pavement marking work under traffic shall be equipped with self-contained flashing arrow panels.

Vehicles used on this project shall be equipped with amber rotating beacons or strobe lights. Rotating amber beacon lights shall be equal to code three, 6105 rectangular and/or 550 round for uniformity. All equipment shall be equipped with a backup alarm.

The Contractor's vehicles and mobile equipment shall be clearly marked with company name and/or logo and an identification number.

The application equipment to be used on roadway long line installations (except for gore lines and short skip strips) shall consist oftruck mounted units. The truck mounted unit for center lines, lane lines, gore lines, and edge lines shall consist of a mobile self-contained unit carrying its own material. It shall be capable of operating a minimum speed of four to five miles per hour while applying striping and shall be sufficiently maneuverable to install curved and straight lines, both longitudinally and transversely. The truck shall be equipped with high pressure air sprayjets that are in front of the pavement marking material dispensing devices that ensure there is no loose matter on the pavement surface where the marking material is to be applied.

The hand applicator equipment shall be sufficiently maneuverable to install curved and straight lines, both longitudinally and transversely, symbols and legends. All handcarts shall have a pointer bar that is properly positioned to ensure straight lines. Reflective tape shall be placed on all sides of the hand application equipment.

The application equipment shall be so constructed as to assure continuous uniformity in the dimensions of the pavement marking. The applicator shall provide a means for cleanly cutting off square pavement marking edges and ends. It shall also provide a method of applying lane lines (or "skip lines). The equipment shall be constructed so as to provide varying widths and thickness ofpavement markings. The application equipment

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 56 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 Goodyear Scope of Work Phone: 623-882-7834

shall be mobile and maneuverable to the extent that straight lines can be followed and normal curves can be made in a true arc. The equipment operator shall be located in such a position as to enable full visibility of the striping apparatus.

All vehicles shall have two-way radio (or suitable intercom) capabilities. In addition, all managers, supervisors, crew chiefs or other key personnel shall have mobile phones. A listing ofpersons and phone numbers shall be submitted to the Streets/Traffic Superintendent. Communication devices shall be fully operational and available for immediate use during all work operations.

A glass bead top dressing shall be applied to the completed pavement marking by an automatic glass bead dispenser attached to the striping machine in such a manner that the beads are applied to the undried material immediately after it has been applied. The bead dispenser shall either utilize pressure type spray guns or a gravity drop-on bead dispenser. The type used shall be per the recommendations of the glass bead manufacturer. The bead dispenser shall be capable of evenlydistributing glass beads to the required application rate immediately after the application ofthe pavement marking material. Additionally, the bead dispenser shall dispense the beads in such a matter that they shall embed in the surface ofthe marking materials to an anchoring depth of from 55% to 60% ofthe bead diameter. The long line truck bead dispenser shall be equipped with an automatic cut-off synchronized with the cut-off of the dispensing device for the pavement marking material.

NOTE: ALL BEAD GUNS SHALL HAVE WIND SHROUDS THAT DIRECT THE DROP ON GLASS BEADS DIRECTLY TO THE APPLIED LANE. The contractor shall make daily inspections of all equipment to ensure it is operable and within the requirements of these specifications. Continuous, uniform and proper operations of all equipment are critical to ensure quality marking application. The contractor shall inform the City inspector of any breakdowns or intermittent malfunctions of equipment that may impact the application of the markings and compliance with this specification.

The City reserves the right to inspect equipment at any time and require the replacement of any that does not meet minimum seniceability standards. Equipment, machinery, component or system failures that affect the safe operation of any equipment shall be corrected prior to using the equipment.

All long line equipment shall be provided with a metering device to register the accumulated installed or removed footage for each material dispensing or removal device. The meter shall be operated in a fashion so it only accounts for that material that is installed or removed from the roadway. The contractor shall coordinate with the City on the operations and readings derived from the automatic meter.

The City shall periodically check the degree of accuracy of the counter readings and establish an adjustment factor, ifnecessary, to accurately determine the pay item quantities. Failure ofthe contractor to operate and/or maintain the counter system can be cause for immediate suspension of work.

All bead dispenser outlets shall have enclosed wind shrouds or equivalent devices to direct the glass beads to the markings as they are dropped. The shroud may include an opening which faces the operator so that the flow rate ofthe glass beads can be monitored. The bottom of the shroud shall be mounted within two to three inches the of pavement surface and shall be configured to allow for even distribution of glass beads on the applied markings.

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 57 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 GoodyearCITY OF ~ Scope of Work Phone: 623-882-7834

8. REPORTS The Contractor shall prepare all reports required by the City and deliver them to the City within the time specified. These reports shall include, but are not limited to the Daily Work and Quantities Report for each project. The Contractor shall keep logbooks as referenced in this section.

These reports may be modified at any time to meet the needs of the City.

9. SAFETY. SANITARY & HEALTH CONDITIONS Contract specifications require all Contractor employees to wear OSHA approved hard hats, high-visibility, OSHA approved safety vests and steel-toed footwear and full-length pants at all times while working within the right-of-way.

The Contractor shall provide and maintain in a neat and sanitary condition such accommodations for the use of the contractor' s employees as may be necessary to comply with the requirements and regulations of the Arizona State City ofHealth Services or other authorities havingjurisdiction therein. Attention is directed to Federal, State and local laws, rules and regulations concerning construction safety and health standards. The contractor shall not require any workers to work in surroundings or under conditions that are unsanitary, hazardous or dangerous to their health or safety.

10. SUSPENSION OF WORK: The Contract Administrator or their representative may suspend work operations at any time, when in their judgment, present or impending weather conditions are such that the work cannot be carried out in a safe and effective manner.

11. MOBILIZATION All of the bid prices shall be based on providing pavement marking services as described herein inclusive of all mobilization costs.

12. CERTIFICATE OF COMPLIANCE The contractor, as a part of their offer, shall submit a Certificates of the materials to be used from the manufacturer, Calibrations sheets for all equipment to be used per this contract, and resumes of the on-site supervisors that will be utilized per this contract. Calibration sheets shall be kept with the vehicles at all times.

a. Listing ofmanufacturers intended to be used. The drop on glass bead manufacturer shall also be identified. The listing of the manufacturer shall include a written certification from the manufacturer that their material will conform to these specifications. Preformed Tape Marking manufacturer's certification shall include their specifications, application requirement and a small three (3) foot sample of each tape being offered. It is acceptable to list primary and secondary sources ofmaterials. b. Statement that all materials and equipment used shall conform to these specifications and generally accepted national practices. The use of non-conforming materials, application methods and/or equipment can be grounds for rejection of work and, ifnot corrected, suspension or cancellation of the contract.

c. Statement that the contractor will maintain, calibrate and operate all the application devices so that the required thickness and the drop on glass bead application rates are achieved at all times. Additionally,

Solicitation No: IFB 18-4140 www.goodyearaz.gov 1 Page 58 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 '9 Phone: 623-882-7834 GoodyearCITYOF Scope of Work

the contractor shall commit to keeping an accurate timely accounting of the type and quantity of materials applied per day per project and the removal quantities per day per project. The contractor shall coordinate and fully cooperate with the City to this regard. The City's Daily Work and Quantities Report, Exhibit 1 will become the official record of work done on all projects. d. Resumes of all On-Site Supervisors and key personnel who will be managing and supervising the installation or removal of pavement markings. The resumes shall present clear and convincing evidence that key personnel have sufficient experience and training to properly manage and supervise the subject paint installation or removal activities. Only those persons submitted and approved per this certificate shall be used to supervise installations and/or removals per this contract. All approved On-Site Supervisor shall be present during all installation and removal activities. The installation or removal of paint markings without proper and/or ineffective supervision can be grounds for rejection of work and, if not corrected, suspension or cancellation o f the contract.

e. Certificate changes are allowable. If a change is necessary the contractor shall submit a revised certificate within 25 days of that change; or before a pavement marking maintenance project that the change will become effective on is done. Revised certificates shall be submitted to the RTE, inspector and the Contract Officer for review and approval. This certificate shall be reaffirmed, updated and resubmitted if the contract is renewed or extended.

13. WORK SCHEDULE AND PLAN The contractor shall present and submit a possible preliminary work schedule and plan as described in Paragraph 5, Work Schedule.

14. TRAFFIC CONTROL The contractor shall submit a copy of the Traffic Control Plan as described in Paragraph 6, Maintenance and Protection of Traffic. All traffic control plans are subject to review and approval by the City. Project traffic control plans will be submitted, reviewed and approved prior to work taking place. 15 CONTRACT WORK ORDER(S) AND FIELD REPORTING The work order procedures and field reporting requirements will be reviewed and discussed. 15.1 Inspection The City shall perform periodic inspections to ascertain contractor's compliance with contract requirements.

15.2 Work Acceptance Work shall be completed in a responsible and professional manner and in accordance with the specifications, schedules, test plans or performance and operating standards, which are incorporated in the work assignment.

The Contract Administrator or Contract Administrator's representative shall notify the contractor, verbally and in writing of any deficiencies found within the contract limits.

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 59 of 71 1

Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 Goodyear Scope of Work Phone: 623-882-7834

16. WARRANTY FOR THE PAVEMENT MARKING PORTION OF THIS CONTRACT

The Contractor warrants: That all services performed hereunder shall conform to the requirements of this contract and shall be performed by qualified personnel in accordance with the highest professional standards.

That all items furnished hereunder shall conform to the requirements of this contract and shall be free from defects in design materials and workmanship.

The warranty period on pavement marking materials and workmanship from the date that they were installed shall be as follows: • All Waterborne Paint Markings - Six (6) Months • Thermoplastic and Profile Thermoplastic Long Line Markings - Two (2) Years • Thennoplastic Legend and Symbol Markings - a minimum of one year or the manufacturer's warranty period, whichever is longer. • Profile Pavement Markings - Two (2) Years • Preformed Short Line Tape - Two (2) Years

These time periods will be termed, for the purpose of this contract, as the expected pavement marking life times.

Ifthere is any failure that can be attributable to failure of the materials and/or application as herein defined, the contractor, at no additional cost to the City, shall correct the problems through the removal and/or replacement of the faulty pavement markings.

The warranty shall cover that the pavement marking materials as applied in the field by the contractor shall perform, as intended for this period of time, without degradation that is directly related to unsatisfactory performance of those materials and/or the installation of those materials. The specifications sections of this document contain additional definitions regarding unsatisfactory performance.

The Contractor agrees that they will, at their own expense, provide all materials, equipment, labor and traffic control required to repair and/or replace any such defective workmanship and/or materials which become or are found to be defective during the terms of their warranty. The contractor shall guarantee the services to be supplied, comply with the requirements of the specifications.

END OF SCOPE OF WORK

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 60 of 71 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 GoodyearCITY OF - Fee Schedule Phone: 623-882-7834

For the purposes of determining the lowest cost. the Citv will not take tax into consideration. However, bidders shall include all applicable state and local taxes on the tax line provided. The City will pay all applicable taxes.

Taxes must be listed as a separate item on all invoices. State applicable tax rate: %

Quantities shown are for bidding purposes only and are not intended to indicate the actual quantities that may be required under this contract.

Traffic Control will be paid for via applicable Items herein specified

1. PAVEMENT MARKING INSTALLATION AND/OR REMOVAL

Ý Category: Waterborne Paint Markings (WPM) Work Type: Long Line (LL) Line No. Item No. Description Unit Level I Level II Level III 1 WPM-LL-1 4" wide white line with Class I Paint L. Ft. $ $ $ & 8 pounds of std. beads 2 WPM-LL-2 4" wide yellow line Class I Paint & 8 L. Ft. $ $ $ pounds of std. beads 3 WPM-LL-3 Marking Layout Hr. $ $ $

Category: Waterborne Paint M,rkings (WPM) Ýà Work Type: Short Line (SL)

Line No. Item No. Description Unit Level I Level II Level III 1 WPM-SL-1 White Curb Painting With Glass Sq. $ $ $ Beads includes preparation of surface Ft. 2 WPM-SL-2 Yellow Curb Painting With Glass Sq. $ $ $ Beads includes preparation of surface. Ft. 3 WPM-SL-3 Single Head Arrow Legend Ea. $ $ $ (15 wet mils, Class I Paint with 8 pounds per gallon of beads) 4 WPM-SL-4 Two Headed Arrow Legend (15 wet Ea. $ $ $ mils, Class I Paint with 8 pounds per gallon of beads) 5 WPM-SL-5 Bike Lane Symbol (15 wetmils, Class I Ea. $ $ $ Paint with 8 pounds per gallon of beads) 6 WPM-SL-6 Single Letter Legend ( 15 wet mils, Ea. $ $ $ Class I Paint with 8 pounds per gallon of beads) 7 WPM-SL-7 Marking Layout Hr. $ $ $

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 61 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 GÖE¿Iyear Fee Schedule Phone: 623-882-7834

Category: Thern**lastic Markings (THM) Work Type: Long Line (Hydrocarbon) (LL) Line No. Item No. Description Unit Level I Level Il Level III 1 THM-LL-1 4" Wide by 40 mil. Thick White Line L. Ft. $ $ $ (Spray) 2 THM-LL-2 4" Wide by 40 mil. Thick Yellow Line L. Ft. $ $ $ (Spray) 3 THM-LL-3 12" Wide by 40 mil. Thick White Line L. Ft. $ $ $ (Spray) 4 THM-LL-4 4" Wide by 80 mil. Thick White Line L. Ft. $ $ $ (Ribbon Extrusion) 5 THM-LL-5 4" Wide by 80 mil. Thick Yellow Line L. Ft. $ $ $ (Ribbon Extrusion) 6 THM-LL-6 6" Wide by 80 mil. Thick White Line L. Ft. $ $ $ (Ribbon Extrusion With Premium Bead Blend) 7 THM-LL-7 6" Wide by 80 mil. Thick Yellow Line L. Ft. $ $ $ (Ribbon Extrusion With Premium Bead Blend) 8 THM-LL-8 12" Wide by 80 mil. Thick White Line L. Ft. $ $ $ (Ribbon Extrusion) 9 THM-LL-9 Application of Primer/Sealer L. Ft. $ $ $ 10 THM-LL-10 Raised Pavement Markers Ea. $ $ $ 11 THM-LL-11 Marking Layout and Installation of Hr. $ $ $ Contractor Furnished Raised Marker Tabs, Per the MUTCD or Engineering Design Guidelines as directed by the City

Category: Thermoplastic Markings (THM) Work Type: Short Line (Alkyd Only) (SL) Line No. Item No. Description Unit Level I Level II Level III 1 THM-SL-1 6" Wide x 2' Line by 90 mil. Thick Ea. $ $ $ White Line 2 THM-SL-2 6" Wide by 60 mil. Thick White Line L. Ft. $ $ $ 3 THM-SL-3 12" Wide by 90 mil. Thick White Line L. Ft. $ $ $ 4 THM-SL-4 18" Wide by 90 mil. Thick White Line L. Ft. $ $ $ 5 THM-SL-5 90 Mil. Turn Lane Arrow Symbol Ea. $ $ $ 6 THM-SL-6 90 Mil. Straight Arrow Symbol Ea. $ $ $ 7 THM-SL-7 90 Mil. Combination Arrow Symbol Ea. $ $ $ 8 THM-SL-8 90 Mil. U-Turn Arrow Symbol Ea. $ $ $ 9 THM-SL-9 90 Mil. Lane Drop Arrow Symbol Ea. $ $ $

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 62 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 Phone: 623-882-7834 GoodyearCITY OF Fee Schedule

10 THM-SL-10 90 Mil. Bike Lane Symbol Ea. $ $ $ 11 THM-SL-11 90 Mil. Cross Street Symbol Ea. $ $ $ 12 THM-SL-12 Four Letter Legend (90 mil) Ea. $ $ $ 13 THM-SL-13 90 Mil Railroad Crossing Symbol Ea. $ $ $ 14 THM-SL-14 Single Letter Legend (90 mil) Ea. $ $ $ 15 THM-SL-15 Marking Layout Hr. $ $ $ 16 THM-SL-16 Application of Primer/Sealer for any L. Ft. $ $ $ Width Line 17 THM-SL-17 Application of Primer/Sealer for any Ea. $ $ $ Legend or Symbol

4*Šá Category: Profile Thermoplastic Markings (PFTM) Work Type: Long Line (LL) Only Line No. Item No. Description Unit Level I Level H Level III 1 PFTM-LL-1 4" Wide White Profile Thermoplastic L. Ft. N/A $ $ Pavement Marking 2 PFTM-LL-2 4" Wide Yellow Profile $ $ Thermoplastic Pavement Marking L. Ft. N/A 3 PFTM-LL-3 Application of Primer/Sealer L. Ft. N/A $ $ 4 PFTM-LL-4 Marking Layout Hr. N/A $ $

Note: The minimum quantity of any profile thermoplastic marking project should be at least 50,000 linear feet. This material will only be used in short line configurations.

Category: Removals and Surface Preparation (PMR or SP) . . Work Type: Long Line (LL) žêf Line No. Item No. Description Unit Level I Level II Level III 1 PMR-LL-1 Removal ofPCCP cure compound for L. Ft. $ $ $ any width line 2 PMR-LL-2 Removal of PCCP cure compound for Ea. $ $ $ any symbol or legend 3 PMR-LL-3 4" To 6" Wide Thermoplastic/Tape L. Ft. $ $ $ Line on PCCP 4 PMR-LL-4 4" To 6" Wide Thermoplastic/Tape L. Ft. $ $ $ Line on AC 5 PMR-LL-5 4" To 6" Wide Paint Line on PCCP L. Ft. $ $ $ 6 PMR-LL-6 4" To 6" Wide Paint Line on AC L. Ft. $ $ $ 7 PMR-LL-7 4" To 6" Wide Epoxy Line on PCCP L. Ft. $ $ $ 8 PMR-LL-8 4"" To 6" Wide Epoxy Line on AC L. Ft. $ $ $

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 63 of 71 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road 4/,/· P.O. Box 5100 Goodyear, AZ 85338 Phone: 623-882-7834 GoodyearCITY OF ~ Fee Schedule

9 PMR-LL-9 Pavement Surface Blending Sq. Ft. $ $ $ 10 PMR-LL-10 Surface Preparation 6" To 12" Wide L. Ft. $ $ $ Line 11 PMR-LL-11 Asphalt Slurry Seal Type H - Sq. $ $ $ Obliterated Road Marking Sealant Yd. (MAG Section 460.2)

% ..,li.Ç.

~ c Category: Removals and Surface Preparation (PMR or SP) Work Type: Short Line (SL) Line No. litern No. Description Unit Level I Level II Level III 1 PMR-SL-1 Removal of PCCP cure compound for L. Ft. $ $ $ any width line 2 PMR-SL-2 Removal of PCCP cure compound for Ea. $ $ $ any symbol or legend 3 PMR-SL-3 4" To 6" Wide Thermoplastic/Tape L. Ft. $ $ $ Line on PCCP 4 PMR-SL-4 4" To 6" Wide Thermoplastic/Tape L. Ft. $ $ $ Line on AC 5 PMR-SL-5 4" To 6" Wide Epoxy Line L. Ft. $ $ $ 6 PMR-SL-6 Thermoplastic/Tape/Epoxy Legend (1 Ea. $ $ $ Letter) 7 PMR-SL-7 Thermoplastic/Tape/Epoxy Symbol Ea. $ $ $ 8 PMR-SL-8 Painted Legend (1 Letter) Ea. $ $ $ 9 PMR-SL-9 Painted Symbol Ea. $ $ $ 10 PMR-SL-10 Surface Preparation 4" To 6" Wide L. Ft. $ $ $ Line 11 PMR-SL-11 Surface Preparation Symbol Ea. $ $ $ 12 PMR-SL-12 Surface Preparation Legend (1 Letter) Ea. $ $ $

13 PMR-SL-13 Asphalt Slurry Seal Type H - Sq. $ $ $ Obliterated Road Marking Sealant Yd. (MAG Section 460.2) Category: Traffic Control Work Type: Any or all Work Types Line No. Item No. Description Unit Unit Price

1 TC-1 Law Enforcement Officer with Vehicle Hr. $

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 64 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 - Phone: 623-882-7834 .NžCITY OF Fee Schedule Goodyear

2. Contractor Licensing Requirements: Bid shall comply with all statutes and rules of the State of Arizona and Registrar of Contractors. In accordance with A.R.S. § 32-1151, and unless otherwise exempted by A.R.S. § 32-1151, Bidder should have the correct class of license as required by the Registrar of Contractors for the work specified, prior to submission of a bid. The Bidder certifies possession of the following license: Licensed Contractor's Name:

Class: Type: License Number: Expiration:

3. Deliverv: Bidder states that the item(s) will be delivered within calendar days after receipt of order. This delivery schedule shall include any time for shipping.

4. Emergencv Twentv-Four Hour Service Contact

Name

Telephone Number

Alternate Contact

Telephone Number

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 65 of 71 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road 4/,/· P.O. Box 5100 Goodyear, AZ 85338 b' Phone: 623-882-7834 GoodyearCITY OF Fee Schedule

The city will utilize the following pricing scenario as a means of determining the lowest responsive and responsible bidder. Please make sure that pricing listed below is the same price listed above in the fee schedule.

ITEM BID PRICING UNIT QTY UNIT TOTAL NO. DESCRIPTION 1**: PRICE WPM-LL-1 4" wide white line with Class I L. Ft. 1,000 Paint & 8 pounds of std. beads WPM-LL-3 Marking Layout Hr. 40 WPM-SL-3 Single Head Arrow Legend (15 wet Ea. 15 mils, Class I Paint with 8 pounds per gallon ofbeads) THM-LL-4 4" Wide by 80 mil. Thick White L. Ft. 1,000 Line (Ribbon Extrusion) THM-SL-5 90 mil. Turn Arrow Symbol Ea. 15 PFTM-LL-4 Marking Layout Hr. 20 THM-SL-3 12" Wide by 90 mil. Thick White L. Ft. 250 Line PTM-LL-2 4" Wide Yellow Profile Thermoplastic L, Ft. 1,000 Pavement Marking PMR-LL-5 4" to 6" Wide Paint Line on PCCP L. Ft. 500 WPM-SL-1 Yellow Curb Painting With Glass Sq. Ft. 250 Beads Total

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 66 of 71 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 EXHIBIT 1(SAMPLE) Goodyear, AZ 85338 Gööèlyear Sample Daily Work Quantities Report Phone: 623-882-7834 A. Date Contract No. Work Order No. Contractor Temperature at Start Temperature at End B. Type ofActivities Paint / Thermoplastic / Epoxy / Preformed Tape / Removal/Preparation Street Name. From to Street Direction Street Street to Street Direction Other Location Reference (cross streets, TIs)

C. Description of Work Done (edgeline, lane lines, centerlines, curbs, crosswalks, stop bars, legend, arrows):

D. Equipment Used (long line paint truck, hand cart, etc.):

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 68 of 71 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 EXHIBIT 1(SAMPLE) Goodyear, AZ 85338 Goody-earCITY OF Sample Daily Work Quantities Report Phone: 623-882-7834 E. Materials Used: Gallons of White Paint Manufacturer/Lot # Gallons of Yellow Paint Manufacturer/Lot # Type and Pounds of Glass Beads Manufacturer/Lot # 501b Bags of White Thermo (Hydro) Manufacturer/Lot # 50 Ib Bags of Yellow Thermo (Hydro) Manufacturer/Lot # Type and Pounds of Glass Beads Manufacturer/Lot # 50 Ib Bags of White Thermo (Alkyd) Manufacturer/Lot # 501b Bags ofYellow Thermo (Alkyd) Manufacturer/Lot # Linear Feet of PCCP Cure Removed Gallons of Primer for Thermo Used Manufacturer/Lot # No. of Legend/Symbol PCCP Cure

Removed k ·=··.4~$ M"*WK ŠÓ Gallons of Epoxy Manufacturer/Lot # Type and Pounds of Glass Beads Manufacturer/Lot # Long Line Tape Placed (SQ. FT.) Manufacturer/Lot # Gallons of Contact Cement Used Manufacturer/Lot # Gallons of Primer Used Manufacturer/Lot # Transverse Tape Placed (SQ. FT.) Manufacturer/Lot # Legends Placed (each) Manufacturer/Lot # Symbols Placed (each) Manufacturer/Lot # Other Manufacturer/Lot # Other Manufacturer/Lot # Other Manufacturer/Lot #

Solicitation No: IFB 18-4140 www. goodyearaz.gov Page 69 of 71 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 / EXHIBIT 1(SAMPLE) Goodyear, AZ 85338 GoodÑàrCITY OF Sample Daily Work Quantities Report Phone: 623-882-7834 F. On Roadway Quanrity Calculations 1 Location Quantity References/Counter No. Item No. Reference Reading/Calculations Totals/Units

10 J. Comments:

Use additional sheets as necessary. Traffic Control is to be gåø@#ml ona separate report. Contractor Signature DATE COG Inspector Signature DATE

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 70 of 71 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 EXHIBIT 2 CITY OF "" Goodyear, AZ 85338 Goodyear References Phone: 623-882-7834 Please list a minimum of three (3) references from clients similar to the City of Goodyear whom the City may contact: 1. Company: C t~ © f CJSA Š„ r•.DE

Contact: - 26 o tlo A pn n AOA Phone: 52.o - 92 I RG 2.S Address: 510 €. F#i#EAC£ RLVO , CA

Annual Value: 600 1000

2. Company: € rt F Cod sínucn ov Contact: M AR=t-rß 2.~Åì R-EZ Phone: 490- 3-7-7- 9316 Address: I\5 5. t..~ýrk

3. Company: CAC·fos AS pBALV

Contact: 3€6€ A BR.Am phone: Gol-37-7 - 5« 1 Address: î-]Aì W. SHEAMAA S-r. f -í•ufsod Al 95353 Description ~AVK AWEAÝ A~A/¿-\C.l*AC, of Work:

Annual Value: I -2-00 1 000

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 71 of 71 OA/Ct AAL

Solicitation Amendment No. 1 Office of Procurement 190 N. L tchfield Road Solicitation No. 18-4140 P.O. Box 5100 Goodyear, AZ 85338 Solicitation Due Date: 2/1/2018 Phone: 623-882-7834 Góödyear Time: 3:00 pm (Arizona Time)

Pavement Marking Services - Installation/Removal

Solicitation Amendment 1 is hereby issued as a result of questions received regarding the above mentioned solicitation.

Due Date has been changed to February 1, 2018, at 3:00 pm (Arizona Time) CLARIFICATION:

Page 25, on Item #1, Delete. 1. SCOPE OF WORK The purpose of this Invitation for Bid is to enter into a contract to perform removal and/or installation of pavement marking on or about February 1, 2018. The Engineering Department desires to retain qualified contractor(s) for the supplying, installing and/or removing of paint, thermoplastic, and profile thermoplastic, as required, at various locations citywide as ordered by the City in accordance with these specifications and the provisions contained in this Invitation for Bid (IFB). Replace with: 1. SCOPE OF WORK The purpose of this Invitation for Bid is to enter into a contract to perform removal and/or installation of pavement marking on or about March 1, 2018. The Engineering Department desires to retain qualified contractor(s) for the supplying, installing and/or removing of paint and thermoplastic, as required, at various locations citywide as ordered by the City in accordance with these specifications and the provisions contained in this Invitation for Bid (IFB). Page 26 under item 4. Work details delete category number 3. 3. Profile thermoplastic Markings (PFTM) Pages 45 to 49, delete item 4.5 4 5 PROFILE THERMOPLASTIC MARKINGS (PFTM)

Description The work under the profile thermoplastic pavement marking installation items shall consist of cleaning, furnishing and applying the markings to the prepared pavement as required herein and in accordance with the manufacturers' specifications. 4.5.1 Material Requirements All materials shall be properly packaged and stored and shall have accurate package markings that define the manufacturer, batch number and date of manufacture. Additionally, the material type and formulation shall be distinctively shown on each container. Material Safety Data Sheets (MSDS) and manufacture application requirements shall be attached to pallets or groups of materials as appropriate. All formulations shall be as required by the manufacturer for the application equipment to be used by the contractor and per the specified requirements of these specifications. Only those thermoplastic formulations that are specifically designed for use as a profile marking system that can be applied on an asphaltic roadway in the Arizona desert in the summer time are to be used. A current listing of approved profile thermoplastic material manufacturers is listed on the Arizona Department of Transportation Approved Products List.

Page 1 of 11 Solicitation Amendment No. 1 Office of Procurement 190 N. Litchfield Road 4//4 Solicitation No. 18-4140 P.O. Box 5100 Goodyear, AZ 85338 Solicitation Due Date: 2/1/2018 Phone: 623-882-7834 Goodyear Time: 3:00 pm (Arizona Time)

The profile pavement markings will typically be placed over existing pavement markings. The starting and stopping points for the new lines over the existing lines shall not vary more than two (2) inches lengthwise and not more than 1/2 inch on the width. Each material has its specific application temperature requirements. The material's manufacturer's recommendation regarding these temperatures shall be followed at all times. The profile thermoplastic markings, after application to the roadway surface, shall be to the specified thickness within the following tolerances: 60 mil base line +/- 8 mils 500 mil bump (includes base line) +/- 80 mils

Applying thermoplastic at the proper application temperature (350 degrees F. plus) shall be maintained at all times. Improper application temperatures will result in bond failure. Exact application temperatures, within the allowed limits of 350 degrees F. and 460 degrees F., shall be per the manufacturer's recommendations. Total heating time for any batch of material shall not exceed six hours.

The no track and drying times shall be accounted for in all traffic control plans. Traffic shall not be allowed on any profile thermoplastic marking until it has reached no track and is fully dry (or cooled). No track and dry time is that lapsed time that is required for the markings, as applied in the field with glass beads, not to splash, track or deform when run over with a vehicle tire. The contractor will be responsible for all claims for markings splashed on vehicles arising from the contractors operations. Cones shall be utilized to protect the applied markings until they sufficiently dry to receive traffic.

The profile of thermoplastic reflectorized pavement marking material shall consist of a 100% solid mixture of heat stable resins, white or yellow pigment, inter-mixed glass beads, filler, and other materials in granular or block form specifically compounded for as a profile type of pavement markings system. The characteristics of the molten liquefied material shall be such that complete and even coverage of specified width and thickness as a line with a raised-rib pattern (profile or 1 bump) at the specified thickness, width and configuration can be consistently achieved within the given tolerances. Upon cooling to normal pavement temperature, this material shall produce an 1 adherent reflectorized marking of the specified pattern that is capable of resisting deformation and wear by a roadway environment. Page 2 of 11 Solicitation Amendment No. 1 Office of Procurement 190 N. Litchfield Road Solicitation No. 18-4140 P.O. Box 5100 Goodyear AZ 85338 Solicitation Due Date: 2/1/2018 Phone: 623-882-7834 Gòoäyear Time: 3:00 pm (Arizona Time)

The profile pattern shall be such that it produces easily recognizable vibration and sound in vehicles as they drive over the applied markings at highway speeds. Only those profile thermoplastic products which have been specifically designed to operate as a longitudinal rumble strip system and have also been subjected to numerous road tests and have a proven history of successful performance shall be offered. 4.5.2 Composition Requirements The profile thermoplastic composition shall generally conform to the following requirements: Percent by Weight White Yellow Binder (hydrocarbon or alkyd) 15 min. 15 min. White Pigment 8 min. ----- Yellow Pigment ----- 2 min. Reflective glass inter-mix beads 20 min. 20 min.

The ingredients of the thermoplastic composition shall be thoroughly mixed and in a solid block or free flowing granular form. The material shall readily liquefy when heated in a melting apparatus into a uniform solution. This solution shall be free from all skins, dirt, foreign objects or any other ingredient which would cause bleeding, staining, blotting, staining or discoloration when applied to the bituminous or concrete pavement surfaces. 4.5.3 Filler The filler shall be a white calcium carbonate or equivalent filler with a compressive strength of at least 5,000 pound per square inch. 4.5.4 White Piqment The white pigment shall be Titanium dioxide and shall conform to the requirements of ASTM D- 476 for Type Il (92 percent). The formulation shall have a minimum of 8% by weight of Titanium dioxide.

4.5.5 Yellow Piqment The yellow pigment shall be as specified by the manufacturer. 4.5.6 Phvsical Characteristics of the Composition The profile thermoplastic material shall not give off fumes which are toxic, injurious or require specialized breathing apparatus when heated to the temperature range specified by the manufacturer for application. The material shall remain stable when held for four hours at this temperature, or when subjected to four reheatings, not exceeding a total of four hours, after cooling to ambient temperature. The temperature viscosity characteristics of the plastic material shall remain constant throughout the reheatings and shall show like characteristics from batch to batch. There shall be no obvious change in color of the thermoplastic material as a result of reheating, and the color of the material shall not vary from batch to batch.

Page 3 of 11 Solicitation Amendment No. 1 Office of Procurement 190 N. Litchfield Road Solicitation No. 18-4140 P.O. Box 5100 Goodyear, AZ 85338 CITYO Solicitation Due Date: 2/1/2018 Phone: 623-882-7834 Goodyear Time: 3:00 pm (Arizona Time)

4.5.7 Color The thermoplastic material, after heating for four hours +/ - five minutes at 425 +A 3 degrees F and cooled to 77 +/- 3 degrees F., shall meet the following: -White - daylight reflectance at 45 degrees - 0 degrees shall be 70 percent minimum. -The color shall match Federal Test Standard Number 595, color chip no. 17925. -Yellow - daylight reflectance at 45 degrees - 0 degrees shall be 43 percent minimum. -The color shall match Federal Test Standard Number 595, color chip no. 13538. 4.5.8 Abrasion Resistance The maximum loss of thermoplastic material during the abrasion resistance test herein specified shall be 0.5 grams.

The abrasion resistance of the thermoplastic material shall be determined by forming a representative lot of the material at a thickness of 0.125 inch on a four inch square monel panel (thickness 0.050 = +/- 0.001 inch), on which a suitable primer has been previously applied, and subjecting it to 200 revolutions on a Taber Abraser at 25 degrees C., using H-22 calibrated wheels weighted to 250 grams. The wearing surface shall be kept wet with distilled water throughout the test. 4.5.9 Flash Point The thermoplastic material shall have a flash point not less than 475 degrees F. when tested in accordance with the requirements of ASTM D92 "Flash and Fire Points by Cleveland Open Cup." 4.5.10 Inter-Mix Glass Beads The inter-mix beads shall be coated or uncoated and conform to AASHTO M247-81 (1986) type I or other suitable specified glass bead. The use or non-use of coatings shall be left to the discretion of the manufacturer. If non-coated beads are used, the thermoplastic formulation shall be configured to minimize settling of the intermixed beads when the material is heated and applied. 4.5.11 Demonstration The contractor shall verify to the City's satisfaction (e.g., test application), at a location off the project site the ability to place the profile thermoplastic material as specified before being allowed to place the markings on any mainline highway. The contractor shall be responsible for all preparatory and cleanup work in conjunction with the off-site verification as well as for the applications of the markings on the highway. The demonstration shall be repeated until the City is satisfied that the work can be done as specified. Only one color needs to be demonstrated. 4.5.12 Drop-On Reflective Glass Beads In addition to incorporating glass beads in the thermoplastic mix, glass beads shall be evenly applied to the surface of the molten material immediately after its application at a uniform minimum rate of 10 pounds of glass beads per 100 square feet of line or marking area (e.g. 150 linear feet of four inch line). The glass bead shall conform to the applicable requirements of ADOT Standard Specification Subsection 708-2.02 unless a different type and gradation is recommended by the profile thermoplastic manufacturer.

Page 4 of 11 Solicitation Amendment No. 1 Office of Procurement 190 N. Litchfield Road Solicitation No. 18-4140 P.O. Box 5100 Goodyear, AZ 85338 Solicitation Due Date: 2/1/2018 Phone: 623-882-7834 Goodyear Time: 3:00 pm (Arizona Time)

Page 63 in the Fee Schedule, delete Category: Profile Thermoplastic markings (PFTM) Work Type: Long Line (LL) Only Category: Profile Thermoplastic Markings (PFTM) Work Type: Long Line (LL) Only Line Level Level Level Item No. Unit No. Description 1 " 111 4" Wide White Profile Pavement 1 Thermoplastic L. Ft. N/A $ $ PFTM-LL-1 Marking 4" Wide Yellow Profile Pavement 2 PFTM-LL-2 Thermoplastic $ $ Marking L. Ft. N/A 3 PFTM-LL-3 Application of Primer/Sealer L. Ft. N/A $ $ 4 PFTM-LL-4 Marking Layout Hr. N/A $ $

Page 66 delete the following description above the pricing scenario: The city will utilize the following pricing scenario as a means of determining the lowest responsive and responsible bidder. Please make sure that pricing listed below is the same price listed above in the fee schedule. Replace with: The city will utilize the following pricing scenario as a means of determining the lowest responsive and responsible bidder. Please make sure that pricing listed below is the same price listed above in the fee schedule. Level 1 pricing will be used for the purpose of this pricing scenario. See Revised Fee Schedule

QUESTIONS AND RESPONSES: Question 1: Can Alkyd thermoplastic material be used for all thermoplastic markings~ Hydrocarbon is currently uncommon. Response 1: Yes, Alkyd thermoplastic can be used for all thermoplastic. Question 2: A monetary minimum work order will be $5,000.00~ (Page 27) Response 2: Yes, the minimum order will be over $5,000.00

Question 3: Can items be submitted as 'no bid" or must all items be bid~ Response 3: The bid will be awarded on "all or none" basis. Question 4: All PMR items are removal or surface preparation items regardless of if they have the words remove or not correct~ Response 4: Correct, all PMR items are removal or surface preparation.

Question 5: Is there a minimum requirement for your asphalt slurry seal type Il bid item~ There were no bid specifications on this item. Response 5: Type Il slurry seal shall be provided per Section 715 of the Maricopa Assocation of Governments Uniform Standard Specifications and Details for Public Works Construction. Page 5 of 11 Solicitation Amendment No. 1 Office of Procurement 190 N. Litchfield Road Solicitation No. 18-4140 P.O. Box 5100 Goodyear, AZ 85338 CITY OF Solicitation Due Date: 2/1/2018 Phone: 623-882-7834 Goodfear Time: 3:00 pm (Arizona Time)

Question 6: Does the City intend to make the Law Enforcement Officer item a force account bid item since the City receives a reduced rate~ Response 6: The fee schedule will reflect the following changes: Page 64, Category: Traffic Control, Delete: 1 TC-1 Law Enforcement Officer with Vehicle Hr. $

Replace with: 1 TC-1 Uniformed off-duty law enforcement officers with Hr. $55.00 PD vehicles. (Goodyear Officers are preferred if available. Rate should be calculated at $55.00 per hour.

No other terms, conditions, or performance standards written or implied are changed. Procurement Officer: Dora Chavez

C\ty of Goodyear ib Approv#% as to fonln Ai \/n By: /7 fm'2- Ja~ue èehrens.-2--PB Roric Massey, City Attorney

Acknowledgement bv Contractor Contractor hereby acknowledges receipt and understanding of the above amendment. Contractor shall sign and return with their submittal. Contractor Signature: ÜSla Date-. \ ~ 3o~1% Page 6 of 11 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 -Ý Goodyear, AZ 85338 Phone: 623-882-7834 Gòodyear REVISED Fee Schedule

For the purposes of determining the lowest cost, the City will not take tax into consideration. However, bidders shall include all applicable state and local taxes on the tax line provided. The City will pay all applicable taxes.

Taxes must be listed as a separate item on all invoices. State applicable tax rate: %

Quantities shown are for bidding purposes only and are not intended to indicate the actual quantities that may be required under this contract. Traffic Control will be paid for via applicable Items herein specified 1. PAVEMENT MARKING INSTALLATION AND/OR REMOVAL

Category: Waterborne Paint Markings (WPM) Work Type: Long Line (LL) Line No. Item No. Description Unit Level I Level II Level III 1 WPM-LL-1 4" wide white line with Class I Paint L. Ft. $ $ $ & 8 pounds of std. beads 2 WPM-LL-2 4" wide yellow line Class I Paint & 8 L. Ft. $ $ $ pounds of std. beads 3 WPM-LL-3 Marking Layout Hr. $ $ $

Category: Waterborne Paint Markings (WPM) Work Type: Short Line (SL)

Line No. Item No. Description Unit Level I Level H Level III 1 WPM-SL-1 White Curb Painting With Glass Sq. $ $ $ Beads includes preparation of surface Ft. 2 WPM-SL-2 Yellow Curb Painting With Glass Sq. $ $ $ Beads includes preparation of surface. Ft. 3 WPM-SL-3 Single Head Arrow Legend Ea. $ $ $ (15 wet mils, Class I Paint with 8 pounds per gallon of beads) 4 WPM-SL-4 Two Headed Arrow Legend (15 wet Ea. $ $ $ mils, Class I Paint with 8 pounds per gallon of beads) 5 WPM-SL-5 Bike Lane Symbol (15 wet mils, Class I Ea. $ $ $ Paint with 8 pounds per gallon of beads) 6 WPM-SL-6 Single Letter Legend ( 15 wet mils, Ea. $ $ $ Class I Paint with 8 pounds per gallon of beads) 7 WPM-SL-7 Marking Layout Hr. $ $ $

Solicitation No: IFB 1 8-4140 www.goodyearaz.gov Page 7 of 11 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road 4//4. P.O. Box 5100 Goodyear, AZ 85338 W - Phone: 623-882-7834 GoodyearCITYOF REVISED Fee Schedule Category: Thermoplastic Markings (THM) Work Type: Short Line (Ålkyd Only) (SL) Line No. Item No. Description Unit Level I Level II Level III 1 THM-SL-1 6" Wide x 2' Line by 90 mil. Thick Ea. $ $ $ White Line 2 THM-SL-2 6" Wide by 60 mil. Thick White Line L. Ft. $ $ $ 3 THM-SL-3 12" Wide by 90 mil. Thick White Line L. Ft. $ $ $ 4 THM-SL-4 18" Wide by 90 mil. Thick White Line L. Ft. $ $ $ 5 THM-SL-5 90 Mil. Turn Lane Arrow Symbol Ea. $ $ $ 6 THM-SL-6 90 Mil. Straight Arrow Symbol Ea. $ $ $ 7 THM-SL-7 90 Mil. Combination Arrow Symbol Ea. $ $ $ 8 THM-SL-8 90 Mil. U-Turn Arrow Symbol Ea. $ $ $ 9 THM-SL-9 90 Mil. Lane Drop Arrow Symbol Ea. $ $ $ 10 THM-SL-10 90 Mil. Bike Lane Symbol Ea. $ $ $ 11 THM-SL-11 90 Mil. Cross Street Symbol Ea. $ $ $ 12 THM-SL-12 Four Letter Legend (90 mil) Ea. $ $ $ 13 THM-SL-13 90 Mil Railroad Crossing Symbol Ea. $ $ $ 14 THM-SL-14 Single Letter Legend (90 mil) Ea, $ $ $ 15 THM-SL-15 Marking Layout Hr. $ $ $ 16 THM-SL-16 Application of Primer/Sealer for any L. Ft. $ $ $ Width Line 17 THM-SL-17 Application of Primer/Sealer for any Ea. $ $ $ Legend or Symbol

Note: The minimum quantity of any profile thermoplastic marking project should be at least 50,000 linear feet. This material will only be used in short line configurations.

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 8 of 11 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 Phone: 623-882-7834 Goodyear REVISED Fee Schedule

Category: Removals and Surface Preparation (PMR or SP) Work Type: Long Line (LL) Line No. Item No. Description Unit Level I Level n Level III 1 PMR-LL-1 Removal ofPCCP cure compound for L. Ft. $ $ $ any width line 2 PMR-LL-2 Removal ofPCCP cure compound for Ea. $ $ $ any symbol or legend 3 PMR-LL-3 4" To 6" Wide Thermoplastic/rape L. Ft. $ $ $ Line on PCCP 4 PMR-LL-4 4" To 6" Wide Thermoplastic/Tape L. Ft. $ $ $ Line on AC 5 PMR-LL-5 4" To 6" Wide Paint Line on PCCP L. Ft. $ $ $

6 PMR-LL-6 zl" To 6" Wide Paint Line on AC L. Ft. $ $ $ 7 PMR-LL-7 4" To 6" Wide Epoxy Line on PCCP L. Ft. $ $ $ 8 PMR-LL-8 4" " To 6" Wide Epoxy Line on AC L. Ft. $ $ $ 9 PMR-LL-9 Pavement Surface Blending Sq. Ft. $ $ $ 10 PMR-LL-10 Surface Preparation 6" To 12" Wide L. Ft. $ $ $ Line 11 PMR-LL-11 Asphalt Slurry Seal Type II - Sq. $ $ $ Obliterated Road Marking Sealant Yd. (MAG Section 460.2)

Solicitation No: I FB 18-4140 www.goodyearaz.gov Page 9 of 11 Office of Procurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 GB¿félýbar REVISED Fee Schedule Phone: 623-882-7834 11 PMR-SL-11 Surface Preparation Symbol Ea. $ $ $ 12 PMR-SL-12 Surface Preparation Legend (1 Letter) Ea. $ $ $

13 PMR-SL-13 Asphalt Slurry Seal Type II - Sq. $ $ $ Obliterated Road Marking Sealant Yd. (MAG Section 460.2) Category: Traffic Control Work Type: Any or all Work Types Line No. Item No. Description Unit Unit Price 1 TC-1 Hr. $ 55.00 Law Enforcement Officer with Vehicle: Uniformed off-duty law enforcement officers with PD vehicles. (Goodyear Officers are preferred if available. Rate should be calculated at $55.00 per hour.

2. Contractor Licensing Requirements: Bid shall comply with all statutes and rules of the State of Arizona and Registrar of Contractors. In accordance with A.R.S. § 32-1151, and unless otherwise exemptedby A.R.S. § 32-1151, Bidder should have the correct class of license as required by the Registrar of Contractors for the work specified, prior to submission of a bid. The Bidder certifies possession ofthe following license: Licensed Contractor's Name:

Class: Type: License Number: Expiration:

3. Deliverv: Bidder states that the item(s) will be delivered within calendar days after receipt of order. This delivery schedule shall include any time for shipping.

4. Emeržencv Twentv-Four Hour Service Contact

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 10 of 11 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road 4//4 P.O. Box 5100 Goodyear, AZ 85338 Phone: 623-882-7834 Møe"Goodyear REV[SED Fee Schedule

The city will utilize the following pricing scenario as a means of determining the lowest responsive and responsible bidder. Please make sure thal pricing listed below is the same price listed above in the fee schedule. Level 1 pricing will be used for the purpose of this pricing scenario. ITEM BID PRICING UNIT QTY UNIT TOTAL NO. DESCRIPTION PRICE WPM-LL-1 4" wide white line with Class I Paint L. Ft. 1,000 & 8 pounds of std. beads WPM-LL-3 Marking Layout Hr. 40 WPM-SL-3 Single Head Arrow Legend (15 wet Ea. 15 mils, Class I Paint with 8 pounds per gallon of beads) THM-LL-4 4" Wide by 80 mil. Thick White Line L. Ft, 1,000 (Ribbon Extrusion) THM-SL-5 90 mil. Turn Arrow Symbol Ea. 15 PFTM-LL-4 Marking Layout Hr. 20 THM-SL-3 12' Wide by 90 mil. Thick White L. Ft. 250 Line THM-LL-11 Raised Pavement markers Ea. 100 PMR-LL-5 4" to 6" Wide Paint Line on PCCP L. Ft. 500 WPM-SL-1 Yellow Curb Painting With Glass Sq. Ft 250 Beads Total

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 11 of 11 Solicitation Amendment No. 2 Office of Procurement 190 N. Litchfield Road Solicitation No. 18-4140 P.O. Box 5100 Goodyear, AZ 85338 TY OFL/*,/,~"~,~~. Solicitation Due Date: 2/1/2018 Phone: 623-882-7834 Gõodyear Time: 3:00 pm (Arizona Time)

Pavement Marking Services - Installation/Removal

See attached REVISED Fee Schedule #2. Deletions were inadvertently made to the previous fee schedule,

No other terms, conditions, or performance standards written or implied are changed. Procurement Officer: Dora Chavez

City of Goodyear Approved as to form By: By.. f 4o þm,ns-Ciß-3» 0 Jacque Behrens, CPPB Roric Massey, City Attorney

Page 1 of 7 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 1»1 Goodyear, AZ 85338 Gõöélyear REVISED Fee Schedule #2 Phone: 623-882-7834

For the Durposes of determining the lowest cost, the City wi]1 not take tax into consideration. However, bidders shall include all applicable state and local taxes on the tax line provided. The City will pay all applicable taxes.

Taxes must be listed as a separate item on all invoices. State applicable tax rate: 3.6

1. PAVEMENT MARK[NG INSTALLATION AND/OR REMOVAL

Category: Waterborne Paint Markings (WPM) Work Type: Long Line (LL) Line No. Item No. Description Unit Level I Level II Level III 1 WPM-LL-1 4" wide white line with Class I Paint L. Ft. $ $ $ & 8 pounds of std. beads .li . lì .'0 2 WPM-LL-2 4" wide yellow line Class I Paint & 8 L. Ft. $ $ $ pounds of std. beads .i\ .lì .IO 3 WPM-LL-3 Hr. $ $ $ Marking Layout tls°° 1 25.Oo I'2,5 .00

Category: Waterborne Paint Markings (WPM) Work Type: Short Line (SL) Line No. Item No. Description Unit Level I Level H Level III 1 WPM-SL-1 White Curb Painting With Glass Sq· ~ Beads includes preparation of surface Ft. $2. So Sl.50 2-50 2 WPM-SL-2 Yellow Curb Painting With Glass Sq. $ $ $ Beads includes preparation of surface. Ft. 1.50 2.50 1-50 3 WPM-SL-3 Single Head Arrow Legend Ea. $ $ $ (15 wet mils, Class I Paint with 8 30.00 Bo.0° -50. O0 pounds per gallon of beads) 4 WPM-SL-4 Two Headed Arrow Legend (15 wet Ea. $ $ $ mils, Class I Paint with 8 pounds per 00 -15.a° 1 S . gallon ofbeads) 75.°° 5 WPM-SL-5 Bike Lane Symbol (15 wet mils, Class I Ea. $ $ $ Paint with 8 pounds per gallon of beads) 6 WPM-SL-6 Single Letter Legend (15 wet mils, Ea. $ $ $ Class I Paint with 8 pounds per gallon lö.00 of beads) Io.00 io.00 7 WPM-SL-7 Marking Layout Hr. $ $ $ 00 I'2&°0 101'Š·.00 I'LS-

Solicitation No: IFB 18-4140 1 www.goodyearaz.gov 1 Page 2 of 7 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 1!t Goodyear, AZ 85338 1 Phone: 623-882-7834 GöEäyear REVISED Fee Schedule #2 Category: Thermoplastic Markings (THM) Work Type: Long Line (Alkyd) (LL) Line No. Item No. Description Unit Level I Level II Level III 1 THM-LL-1 4" Wide by 40 mil. Thick White Line L. Ft. $ $ $ (Spray) .29 . TŽ .lž 2 THM-LL-2 4" Wide by 40 mil. Thick Yellow Line L. Ft. $ $ $ (Spray) ..22 .'-9 . -1% 3 THM-LL-3 12" Wide by 40 mil. Thick White Line L. Ft. $ $ $ (Spray) . Ots /06 *95 4 THM-LL-4 4" Wide by 80 mil. Thick White Line L. Ft. $ $ $ (Ribbon Extrusion) .'34 .SG '39 5 THM-LL-5 4" Wide by 80 mil. Thick Yellow Line L. Ft. $ $ $ (Ribbon Extrusion) .'36 .34 '39 6 THM-LL-6 6" Wide by 80 mil. Thick White Line L. Ft. $ $ $ (Ribbon Extrusion With Premium Bead . 54 . . SO Blend) 59 7 THM-LL-7 6" Wide by 80 mil. Thick Yellow Line L. Ft. $ $ $ (Ribbon Extrusion With Premium Bead . SO Blend) 059 9-t 8 THM-LL-8 12" Wide by 80 mil. Thick White Line L. Ft. $ $ $ (Ribbon Extrusion) .BH .ØH . 30 9 THM-LL-9 Application of Primer/Sealer L. Ft. $ .IG s .1(, ~ .\6 $ 10 THM-LL-10 Raised Pavement Markers Ea. $ 2715 $ 175 2.-15 11 THM-LL-11 Marking Layout and Installation of Hr. $ $ $ Contractor Furnished Raised Marker Tabs, Per the MUTCD or Engineering Šoo.°° -300.°° 3 oo .°° Design Guidelines as directed by the City Category: Thermoplastic Markings ¢THM) Work Type: Short Line (Alkyd Only) (SL) Line No. Item No. Description Unit Level I Level II Level III 1 IHM-SL-1 6" Wide x 2' Line by 90 mil. Thick Ea. $ $ $ White Line .GO .60 . €5 2 THM-SL-2 6 " Wide by 60 mil. Thick White Line L. Ft. $ 45 $ .Lìs ~ .4-2- $ 3 THM-SL-3 12" Wide by 90 mil. Thick White Line L. Ft. $ , 95 $ .95 , 95 4 THM-SL-4 18" Wide by 90 mil. Thick White Line L. Ft. $ I. 15 $ 1.-75 $ 1.60 $ 5 THM-SL-5 90 Mil. Turn Lane Arrow Symbol Ea. $ Ito:' $(io.0° íoo.°° 6 THM-SL-6 90 Mil. Straight Arrow Symbol Ea. $ Ilo.°° Sfloo° Arrow Ea. $· $ $ 7 THM-SL-7 90 Mil. Combination Symbol '-75-0£ \-i s.0° Iso.°° Ea. $ $ $ 8 THM-SL-8 90 Mil. U-Turn Arrow Symbol i-75 m 1-15.°° ì-15.°° 9 THM-SL-9 90 Mil. Lane Drop Arrow Symbol Ea. $ 295.'-' $ )95.°° 6 195.°° 10 THM-SL-10 90 Mil. Bike Lane Symbol Ea. $ ~75:' $ t-75.°0 $ ISo.*°

Solicitation No: IFB 18-4140 1 www.goodyearaz.gov Page 3 of 7 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 öoodýèarIllCITY 0/ REVISED Fee Schedule #2 Phone: 623-882-7834

11 THM-SL-11 90 Mil. Cross Street Ea. $ S Symbol 150.m 150.0° S iso.oo 12 IHM-SL-12 Four Letter Legend (90 mil) Ea. $ S S i 50,°° I 503• 1 ßo.oo 13 THM-SL-13 90 Mil Railroad Crossing Symbol Ea. $ 195.°° $ MS.oo $ 195.o° 14 THM-SL-14 Letter Single Legend (90 mil) Ea. $ Sa. $ So.o° $ H o°° 15 THM-SL-15 Marking Layout Hr. $ $ S I.ž5-0 125.°° rzs.°° 16 THM-SL-16 Application ofPrimer/Sealer for any L. Ft. $ $ $ Width Line .IG .IG .14 17 THM-SL-17 Application of Primer/Sealer for any Ea. $ $ $ Legend or Symbol 15.0°

Note: The minimum quantity of any profile thennoplastic marking project should be at least 50,000 linear feet. This material will only be used in short line configurations.

Category: Removals and Surface Preparation (PMR or SP) Work Type: Long Line (LL) Line No. Item No. Description Unit Level I Level II Level III 1 PMR-LL-1 Removal ofPCCP cure compound for L. Ft. $ $ $ any width line .HO .HO .HO 2 PMR-LL-2 Removal of PCCP cure compound for Ea. $ $ $ any symbol or legend 25.00 JS.°° 25.00 3 PMR-LL-3 4" To 6" Wide Thermoplastic/Tape L. Ft. $ $ $ Line on PCCP · 95 . H 5 .¿40 4 PMR-LL-4 4" To 6" Wide Thermoplastic/Tape L. Ft. $ $ $ Line on AC .H'Š -95 -90 5 PMR-LL-5 4" To 6" Wide Paint Line on PCCP L. Ft. $ .32 $.59 $ .'34 6 PMR-LL-6 4" To 6" Wide Paint Line on AC L. Ft. $ $ $ .'32 .ßý . .3 G 7 PMR-LL-7 4" To 6" Wide Epoxy Line on PCCP L. Ft. $ $ $ ·95 .45 '40 8 PMR-LL-8 4"" To 6" Wide Epoxy Line on AC L. Ft. $ $ $ .v'š .HS .HO 9 PMR-LL-9 Pavement Surface Blending Sq. Ft. $ 15,Oo $ IS°° $ 15.0° 10 PMR-LL-10 Surface Preparation 6" To 12" Wide L. Ft. $ $ $ Line 5.°° 5.0° 5. °° 11 PMR-LL-11 Asphalt Slurry Seal Type H - Sq. $ $ $ Obliterated Road Marking Sealant Yd. 150.°° ISO:~ (MAG Section 460.2) 150·00

Solicitation No: IFB 18-4140 www.goodyearaz.gov Page 4 of 7 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road Ljjiöl' P.O. Box 5100 Goodyear, AZ 85338 < Phone: 623-882-7834 GÕB¿Iyear REVISED Fee Schedule #2

Category: Removals and Surface Preparation (PMR or SP) Work Type: Short Line (SL) Line No. Item No. Description Unit Level I Level II Level III 1 PMR-SL-1 Removal of PCCP cure compound for L. Ft. $ $ $ any width line .Ulo .HO .40 2 PMR-SL-2 Removal of PCCP cure compound for Ea. $ $ $ any symbol or legend 25.00 -25.o° 25.°2 3 PMR-SL-3 4" To 6" Wide Thermoplastic/Tape L. Ft. $ $ $ Line on PCCP . HS . HS -90 4 PMR-SL-4 4" To 6" Wide Thermoplastic/Tape L. Ft. $ $ $ Line on AC '45 .45 ·90 5 PMR-SL-5 4" To 6" Wide Line L. Ft. $ Epoxy ,<-15 $ .45 $ HO 6 PMR-SL-6 Thermoplastic/Tape/Epoxy Legend (1 Ea. $ $ $ Letter) 25.æ -25.°~ 25. $ 7 PMR-SL-7 Thermoplastic/Tape/Epoxy Symbol Ea. s 5 o.o° $ 50.°° $ So.°° 8 PMR-SL-8 Painted Legend (1 Letter) Ea. $2*oo $ ZO.°° $ fn-#a 9 PMR-SL-9 Painted Symbol Ea. $€0.. $50.°° $ €0·°° 10 PMR-SL-10 Surface Preparation 4" To 6" Wide L. Ft. $ $ $ Line 5.0° 5.os 5. oo 11 PMR-SL-11 Surface Preparation Symbol Ea. $ 12420' S ì;.5.0° ~ 115. OO 12 PMR-SL-12 Surface Preparation Legend (l Letter) Ea. $ 50.'0° * So.oo $ 50 oo 13 PMR-SL-13 Asphalt Slurry Seal Type I[ - Sq. $ $ $ Obliterated Road Marking Sealant Yd. Iso.

Uniformed off-duty law enforcement officers with PD vehicles. (Goodyear Officers are preferred if available. Rate should be calculated at $55.00 per hour.

Solicitation No: IFB 18-4140 www. goodyearaz.gov 1 Page 5 of 7 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 ~•ær- 3/ßlr<ìý Goodyear, AZ 85338 GBÖ¿iyear REVISED Fee Schedule #2 Phone: 623-882-7834 2. Contractor Licensing Requirements: Bid shall comply with all statutes and rules of the State of Arizona and Registrar of Contractors. In accordance with A.R.S. § 32-1151, and unless otherwise exempted by A.R.S. § 32-1151, Bidder should have the correct class of license as required by the Registrar of Contractors for the work specified, prior to submission of a bid. The Bidder certifies possession ofthe following license: Licensed Contractor's Name: SUNL, Né Coþií/Z-Acd,AG 1 LLC. Class: K€ Type: DuAL License Number: ASH-10% Expiration: 4 bo 1 -2.o 8 3. Delivery: Bidder states that the item(s) will be delivered within j£-| calendar days after receipt of order. This delivery schedule shall include any time for shipping.

4. Emeržencv Twenty-Four Hour Service Contact Name bohl CoE

Telephone Number 6 23 - 910 - 2-o9 0

Alternate Contact 602 - 44 2- ì Jeýf 931 , 04/2.,j~ Telephone Number 6 ol- -169 T 50-74

Solicitation No: IFB 1 8-4140 www.goodyearaz.gov Page 6 of 7 Office ofProcurement CITY OF GOODYEAR 190 N. Litchfield Road P.O. Box 5100 Goodyear, AZ 85338 c,ooayear REVISED Fee Schedule #2 Phone: 623-882-7834

The city will utilize the following pricing scenario as a means ofdetermining the lowest responsive and responsible bidder. Please make sure that pricing listed below is the same price listed above in the fee schedule. Level 1 pricing will bc used for the purpose of this pricing scenario.

HEM BID PRICING UNIT QTY UNIT TOTAL NO. DESCRIPTION PRICE WPM-LL-1 4" wide white line with Class I Paint & L. Ft. 1,000 8 pounds of std. beads .ll $ I I O. OO WPM-LL-3 Marking Layout Hr. 40 di-ls. 00 , WPM-SL-3 Single Head Arrow Legend (15 wet Ea. 15 51000.00 mils, Class I Paint with 8 pounds per 30. O° $ gallon of beads) H Sa°° THM-LL-4 4" Wide by 80 mil. Thick White Line L. Ft. 1,000 ' (Ribbon Extrusion) .36 6 3 éO.O° THM-SL-5 90 mil. Turn Arrow Symbol Ea. 15 $ Ilo.OO 6 I,C.50.00 THM-SL-3 12" Wide 90 mil. Thick White Line L. Ft. 250 3 ' by . 95 23-7.50 THM-LL-11 Raised Pavement markers Ea. 100 5 2.15 ' 215. °° PMR-LL-5 4" to 6" Wide Paint Line on PCCP L. Ft. 500 ' .31 ' #90.0~ WPM-SL-1 Yellow Curb Painting With Glass Beads Sq. Ft. 250 9 1.50 6 615.0° Total $ R 9 97.50

Solicitation No: IFB 18-4140 www.goodyearaz.gov 1 Page 7 of 7 ENNIS-FLINT A rraík S.,fe:y Salut:cr·. Comparv American Traffic Products, Inc.

TRAFFIC PAINT CERTIFICATION

WE CERTIFY THAT THE LATEX TRAFFIC PAINT SERIES #180A AZ SPEC, TYPE I MEETS THE PERFORMANCE REQUIREMENTS OF THE ADOT SPECIFICATIONS FOR TRAFFIC PAINT AND MEETS PERFORMANCE STANDARDS OF FEDERAL SPECIFICATION TT-9-19525 TYPE n.

CUSTOMER: Sunline Contracting, Inc INVOICE DATE: 11/14/17

INVOICE #: A2989

JOB:

COLOR: White & Yellow

- PRODUCT #: 180AT & 186AT

BATCH #: QG10147 (Y), RCP1711YOO11 (Y), QG10145 (W) GALLONS RECEIVED: 1000 (Y) & 500 (W) DATE OF MANUFACTURE: 2017 The undersigned has the legal authority to bind American Traffic Products Inc. for the purpose of this certification. C- SIGNED: DATE: l I- (6-l-1 JASÖN-UHRINYAK, REGIONAL SALES MANAGER

• 4116 E Superior Ave #2 Phoenix, AZ 85040 • Office (480) 455.1700 • Fax (480) 455.1701 • white ARIZONA DEPARTMENT OF TRANSPORTATION [1~ No. Yellow 0 ~ 44-3940 ROØ/07 MATERIALS GROUP (Org 9904) ADOT Materials Testing Charges Date CHEMISTRY LAB TEST.CARD Blue r-1 Initial Fì N Project # Actv fn 1 Received ! \F j 7,/j 7 Test Completed i ì /2 1 / I 7n*'·ZTE,fñic,fk Test No. Qbßfge Quall. = Chamß.åmmlnl idenullcallon samplacj Ž (D I -7 Lab. No. ìl-277/2 ' = No. o i c. Submltledbv-yäson Uh rin 1*pled bv Protect H 2 x 9.o = Sampled From Quantity 5 Z)0 A R /

= suppner -0--vner , é,Å.n-j-r.~g f-f-4 L Pr-nAk C,t3 Project Name Conlraclor S u n itn e

= Specllicatlons Governing .še.C·-70'B-2.Ói 180.·4-JZ = Lot No. Ç ê. 1 í) 14 S Origìna) Lab Nb. Total Charge: Remmks Tests Test Results Specifications'

(~.O 6 r ki ë j-··f-e . Nox\7/¿\Atlm-CÜ&2-49.*7-7*_þ____L______-__--74•9% - 78.9 Á .ßhnfnt £7 Wt.,# 6 z, 9 Š/• Oží ---tš.5. O fí k) ôn -7/~-f-*hic[.e-£-Ã__ 3 % 38X -Z/22 Lb/óil \4.t ìb-1 - /4. 2 b -L_ -Caßši5.Ten CJ , K· U, ü:5 -70 Kt - 25 Kll 13 rfífinp 1-ß NO ß>·k· u p q l.0 pn />l~c/4€, /l/1,& k brtj Opa C. i-IY Ooü~L-~ ö © 9.ö At iñ c

1 ENNIS-FLINT A rrafb: Sjle:y Solut·~n- Com.ojn,· American Traffic Products, Inc.

TRAFFIC PAINT CERTIFICATION

CUSTOMER: Sunline Contracting, Inc INVOICE DATE: 11/14/17

INVOICE #: A2989

JOB:

COLOR: White & Yellow

PRODUCT #: 180AT & 186AT

BATCH #: QG10147 (Y), RCP1711YOO11 (Y), QG10145 (W) GALLONS RECEIVED: 1000 (Y) & 500 (W)

DATE OF MANUFACTURE: 2017 The undersigned has the legal authority to bind American Traffic Products Inc. for the purpose of this certification.

SIGNED: DATE. ~ /- 16-l-1 JASÖÑ~ÚHRINYAK, REGIONAL SALES MANAGER

• 4116 E Superior Ave #2 Phoenix, AZ 85040 • Office (480) 455.1700 • Fax (480) 455.1701 • White ARIZONA DEPARTMENT OF TRANSPORTATION Mf Yellow 0 44-3940 R09/07 MATERIALS GROUP (Org No. 9904) ADOT Materials Testing Charges Date CHEMISTRY LAB TEST CARD Blue ~ Rroject # Ach, Initißl M N Rccolve~ \7/1-1 TestCompleted lì /2.Ì /17 Material 7/Bepl¿- MABT- Ißâ!-NQ, Qbargß .Quam = Chama.Amauni Ü Lab. No. I[lenllkallon Samßled 201-7 = No. o/c Submilled CO rl Uhr l Píolecl H ÝE 9/) = ~~ê 1)/AK¿ampledbv Samplcdfmm Quantity

= suppnar A- vn e r : Ca k, I.ÏA F-F-' c. 6-~ro d IA crt~; = P,ojacl Name Contraclor S t,l n 'n e. = Sgecllicallons Governing R e C ÇD,8-52 ì 8 6 AT = Lot No. Ro.F I-3 ìì Y o-n)ì Original Lab Nb TotalCharge:

Tests Test Results Specifications'

é·D Dr 1€ ìk ò,J -: KIOYCVŠ | 17* e E.Dn*pó-Ly Wt. % -76 •5 -14K/. l-îšôA -Pi'Ame-nt by Wt., % G, l. 4 , CO. orA-64* o Ä u-aa.AŠ.1 ß-i l e 7/;k i 'clf. / 39 3€2' 1«/-D íibenš,4-y 11/da / 13.9 13 ·7- ll-t . 3 ê ñ rl< iktenù,9 ) kí U Sl 70 Kö - €5>ku ir '1 ïbr ŸTN ë +0 'ý) Pibk u f (O ml'í'Iads ) /'4£&-><. ílu opâëúy 00 q ¿-~ ö-q 0 rñin- ENNIS-FLINT A ,faffic S.if.-ty ~otut,„rnComp.•,y

CERTIFIED TEST REPORT

Re: Certification, Yellow Leadfree Alkyd Thermoplastic 885260 Yl E-5GSX-AZ Formulation Code:

Batch Numbers: CT1712Y4319 Quantity: 44,000 lbs. Date: 12/5/2017

Item Required Found

Composition Binder(%) 20 Min 22.28 Glass Beads<%) 30-45 30.7 Calcium Carbonate(%) 25-45 38.6 Phvsical Characteristics after 4 hours @ 425QF Daylight Reflectance 43 Min 47.82 Color Match Fed. #595, No. 13538 Pass Specific Gravity 1.85-2.15 1.98 Softening Point 200-230'F 222 8

Intermix Glass Beads- meet the specifications for AASHTO M 247 as determined from the bead manufacturer's certification. CERTIFICATION: I, the undersigned, have legal authority to bind Ennis-Flint, the manufacturer, to Arizona DOT Section 704.

(~,tctet<á 20(4 Signature Crystal Lock Quality Assurance Rep. Qc Technician Title

200 2rid ST BAKERSFIELD CA 93305 1-800-331-8118 ENNIS-FLINT A rr.Il'.*fel, ',oiul„I/Co•T~~A•,Y

CERTIFIED TEST REPORT

Re: Certification, White Alkyd Thermoplastic 885250 W5E-5GSX-AZ Formulation Code:

Batch Numbers. CT1712W4398 Quantity: 44,000 lbs. Date: 12/27/2017

Item Required Found

Composition Binder(%) 20 Min 20.47 Ti02(%) 10 Min 10.2 Glass Beads<%) 30-45 30.7 Calcium Carbonate(%) 25-45 38.6 Phvsical Characteristics after 4 hours @ 4250F Daylight Reflectance 75 Min 79.66 Yellowness Index 0.12 0.08 Specific Gravity 1.85-2.15 1.99 Softening Point 200-230'F 209 6 Intermix Glass Beads- meet the specifications for AASHTO M 247 as determined from the bead manufacturer's certification. CERTIFICATION: I, the undersigned, have legal authority to bind Ennis-Flint, the manufacturer, to Arizona DOT Section 704

ê.--u,atal 20<£ Signature Crvstal Lock Representative QC Technician Title

200 2nd ST BAKERSFIELD CA 93305 1-800-331-8118 Corporate Office: 115 Todd Court Thomasville, NC 27360 Phone: 336.475-6600 Toll Free: 800.33--8118 ENNIS-ÇLINT. sales@ennisflint. com ATrafñc Safety Solutions Company www.ennisflint.com

January 16,2018

American Traffic Products 1450 N Fitzgerald Avenue Rialto, CA 92376

Order No- 00105133 Purchase Order No: P17-7763 Part No: CSOFH ERY 2 Way Marker Red/Yellow Quantity: 1,000 Lot No: 25CG201 Date of Manufacture: March 2017 Certification State: CA To Whom it May Concern:

We certify that for the State of California, these markers have been inspected conform to the State of California, Department of Transportation Standard Specifications 85-1.026 dated 2010 and Section 81- 3.02C dated 2015.

We certify that the Stimsonite pavement markers furnished against the subject order and for the subject State were manufactured in USA at our facility in Thomasville, NC. They have been inspected and found to be in compliance with our product specification for Model C80FH markers and the aforementioned State's pavement marker specifications We certify that the refiector body is molded of acrylonitrile-butadiene-styrene and the reflective lens is molded of polymethyl methacrylate conforming to ASTM D788, Grade 8. The markers conform to ASTM Specification D4280. We certify that, after abrasion procedure, the specific intensity of each reflective surface at 0.2 degree angle of divergence meets or exceeds the following values: SPECIFIC INTENSITY

Clear Yellow Red Green Blue

0 degree incidence angle 3.0 1.5 0.75 1.0 0.30 20 degree incidence angle 1.2 0.60 0.30 0.4 012 \\Uiltll////lítltîfl We certify that the markers meet Specific Intensity 1 year after placement per Caitrans SS S 81-3.02C. .:*iABYPÜ« / JUSTIN JENKINS = Sincerely, = Guitiord County E My Commission Expires ž November 22,2021 rn "Jíî -r .'è> ' ý CAROLØß A/£· t#Mm## Tésha Benson State of , County of Cw,üf•.z,6 Quality Assurance Signed before me on this i 609 day Ennis-Flint of J/6, l ß- bv -7*5 44- â,yso,o Notary Publiç J 1,37-v Jew 1,-, eú MCE: Corpora -e Office: 4 Tr¿d Co,j-I Tito·T,3%·ANC 27360 1/ 3:·öie· )35 /,i.5 éšu·., Tcl! Free· 900.331.8:ZS ENNIS-FLINT ;ale:@enr 3Flint.ccm A Traffic Saføty Solucicns Company ·L.i.-, ;ènqiîflint.ccrr

July 11. 2017

American Traffic Prod, Inc. PO. Box 310215 Fontana. CA 92331

Order No: 00095299 Project Purchase Order No: 11 7-7450 Part No CÔOFHERY 2 Way Marker Red,/Yellow Quantity: 24,000 Lot No 27CG101 Certification State. CA To \Nhom it May Concern.

We certify tha: for tne State of California, thoso markers have been inspected conform to the State of California. Department of Transportation Standard Specifications Section 8-1- I.02(dated 2015. We certify that the Stimsonite pavement markers furnished against the subject order and for the subject State were ma-ufactured in USA at our facílity in Thorïiasville, NIC. They have been inspected ard found to be in compliance with our product specification for Model CSOFH markers and the aforerrenlioned State s oavement marker soecifications.

Vve certify that the reflector body is molded of acrylonitrile-butadiene-styrene and the retiect,ve lens is molded of poly-nethyl methacrylate conforming to ASTM D788: Grade 8. The mal

We certify that. after abrasion procedure. the specific intensity of each reflective surface ai C.2 degree angle of dtvergence meets or exceeds the following values. SPECIFIC INTENSITY

Clear Yeliow Red Green Blue 'Ul'J 0 incidence 1.5 degree angle 3.3 0.75 10 0.30 ~íltttlli///jP¿JS '44 20 degree incidence cirigle 1.2 0.60 0.30 0.4 0.12 3>~$*~'ARY .'Br CZ JUSTIN JENKINS Sincerely. Gui'o,C Cc: a <9 Co·m·,sgür my Ncr.·embe· Exp,res - 22.2021 ,·1 1 ¢0, 4'. 7H ty Steven Varner 'fmnlìlttiltšgj:ý~ Ennis-Flint Sta:e oí ,)6 , Ccunty of Auc,.f~ñ Sign~3 before me on:hìs //23 day of Jik., -7€,/7 by_-f-¥,~~, ~/ø·c.,Ó~. Notary Sublíc . .s-rw J~- e,-o.r r/ICE Ww,-4, 0*, 20'3, Corporate Office: 115 Todd Court Thomasville, NC 27360 Phone: 336.475 6600 Toll Free- 800·331 8118 ENNIS-FLINT. [email protected] A Traffic Safety Solutions Company www.ennlsfïint.com

September 18, 2017 American Traffic Prod, Inc. PO Box 310215 Fontana, CA 92331

Order No: 00101227 Purchase Order No: Pl 7-7615 Part No: CBOFHERW 2 Way Marker Red/White Quantity: 24,000 Lot No 16HG204 Date of Manufacture: August 2017 Certification State: CA To Whom it May Concern:

We certify that for the State of California, these markers have been inspected conform to the State of California, Department of Transportation Standard Specifications Section 81-3 dated 2015. We certify that the Stimsonite pavement markers furnished against the subject order and for the subject State were manufactured in USA at our facility in Thomasville, NC. They have been inspected and found to be in compliance with our product specification for Model C80FH markers and the aforementioned State's pavement marker specifications.

We certify that the reflector body is molded of acrylonitrile-butadiene-styrene and the reflective lens is molded of polymethyl methacrylate conforming to ASTM D788, Grade 8. The markers conform to ASTM Specification D4280.

We certify that, after abrasion procedure, the specific intensity of each reflective surface at 0.2 degree angle of divergence meets or exceeds the following values: SPECIFIC INTENSITY

Clear Yellow Red Green Blue

0 degree incidence angle 3.0 1.5 0.75 1.0 0.30 20 degree incidence angle 1.2 0.60 0.30 0.4 0.12

We that the markers meet 1 certify Specific Intensity year after placement per Caltrans SS Section Ilil1//t'ij'i 81-3.02(. '00'l'u"ARY pue¿/-mtim/, Sincerely, 4§> # JUSTIN JENKINS ~ Guilford County = = My Commission Expires = a November 22,2021 - »\4:Ph' Ñ-S. ~44 %0 Tesha Benson *P'i C Aao~ Assurance 4//mi,tit~üM'4/,otitt;m#% Quality State of NO , County of AU,IÖIÇ+D Ennis-Flint Signed before me on this /~>3* day of -/m Z•,1 bv -T~hú-/•,#i- 0'&:r~cíe-3 Notary Public _1~rw ,)ar,L-:,rs MCE: /'/Ö'@'5~*22 zz., Zo z.4 A Certificate of Analysis MARTIN ASP-A TCOMPANY THE STATE OF TEXAS COUNTY OF HARRIS

Material ...... Evergrip Bituminous Marker Adhesive

Shipped Via ...... PLS

Date of COA ...... 10/20/2017

Customer Order No ...... 199823,199937

Invoice No ......

Batch No ...... 23665

Specification certified ...... ASTM D 4280 Type I Sold to American Traffic Product Inc 4116 E. Superior Ave. 1 Phoenix, AZ 85040

Procedure Specification Results Softening Point, °F ASTM D 36 200-264 242 Penetration, mm, 1009, 5s, 77°F ASTM D 5 1.0-1.8 1.3 Penetration, mm, 1009, 5$, 140°F ASTM D 5 4.5-6.5 4.9 Brookfield thermosel viscosity, Pa.s, 27 3.0- 7.5 3.7 spindle, 20 rpm, 400°F ASTM D 4402 Flow at 158°F, mm ASTM D 5.1 max 0 5329 Flash Point, °F ASTM D 92 550 min >600 Specific Gravity, 77°F ASTM D 71 1.6-1.85 1.66

1 hereby certify that the above statements are true and correct.

The undersigned has the legal authority to bind Martin Asphalt Company for the purposes of this Certificate of Analysis.

:9 j )

Dolly Navarrete Laboratory Director

Martin Asphalt Company 300 Christy Place - South Houston, TX 77587 Phone: 713 943 5200 Fax: 713 947 4908 4665 Finance Way Kingman AZ 86401 (928) 757-8666 Fax: (928) 757-8608

Certificate of Compliance

This is to certify that Potters Industries. LLC. supplies highway glass beads that have been tested according to standard procedures by our quality control department and will meet applicable Arizona DOT State Specifications.

Product M247- 1 1 TP 1 Quantity 14,000 Lot # KI-H-7/28/I 7-502,506,507,510-513 Specification AASHTO M247 Type I

Potters Industries, LLC tests every lot of glass beads produced for use in Highway Markings using XRF technology to insure compliance with Heavy Metals requirements specified in Arizona Standard Specification 708-2.02(B) as stated below. Heavy Metal Concentration Arsenic < 75 ppm Antimony < 75 ppm Lead < 100 ppm

Quality Control Data to substantiate this certification is on file in our Quality Control Laboratory and is available upon request.

The undersigned has the legal authority to bind Potters for the purposes of this Certificate of Compliance

- Certified By: tb -- +9¿í--, Date: 12/4/17 Angie Fêdone Plant Administrator * c < AR]ZONA TRANSPORTATION ADOT DEP#**r'OF wt.ie,-6-' Materlaå: Testing Chmges Date -3:M:D·4•46//RWØD MATERIALS GROUP Yelkrw t[SL m.e r-7 Dôcument:Ø Actv MP31 * C, -21' , '1 TYPE ! GLASS BEADS Projects .4 N .--4*:*/.··· .'~Ý' -'.k.:' -'r:fio.m'"'.'2 jit..I / Me~w WWW..Mmd -.' ~ š,y·~i.~- kvi'; ,-- /7*-35-Žtlsç

-eübrrwtødb, Smdebv '.3. ~ p~iociN~ 'XLA#3,/ú'.%¿ Tes: No. Quan· . Tešt,Nç>. Test No. Quan .á -.-~, ,<, c75644*k. , Çšåå!1_ .4<*vrv· 4 - ' ·· *' 1 . -:8*io:*A'Ri-1' i L· "'r··r-tl-l.r.:3 i i_0

.e.m,a.*...>: -thý:-tï~fûGý~- Nòfå:Ý CO,W~/9*T ;-: 'A~Lc:,M„i-Aß.KLÓNI:*49..· · ·-·.Ž /,1.bf»3:·· L :. --:,- ß,

- . Towchømo: b:-Ý»*. 74:m·)39 72 .--- s~i¿0*-bsi 9 :·s.ì.2- /SO 9 !5~Ì':~f

- - , ~.Ai.':LL. r

'' •t:·· Ø )4*r<.,ln.

*:04.· -Üi ; u·i~-.~_ 6:z:4*#1~'4F % PASSING

1 2 . 1 ·I I- -. 4.. ìSPEC %PASSING >.öt- , 9. 1~. ~7~ .V:.:..·.~ --tií:~ í:IÝÝ-,<Ý.j':'ê: 1 1 1: - .- 1601 19'h St NW Paris, TX 75460 (903)785-1633 Fax: (903)785-8220 €~otters

Certificate of Compliance

Product El 6 Quantity 44,000 lbs. Lot # PA-H-090617-13 Specification ADOT Standard Specification

Potters Industries. LLC tests every lot of glass beads produced for use in Highway Markings using XRF technology to insure compliance with Heavy Metals requirements specified in Arizona Standard Specification 708-2.02(B) as stated below.

Heavy Metal Concentration Arsenic < 75 ppm Antimony < 75 ppm Lead < 100 ppm

Quality Control Data to substantiate this certification is on file in our Quality Control Laboratory and is available upon request.

The undersigned has the legal authority to bind Potters for the purposes of this Certificate of Compliance

Certified By: Date: 9/26/17 6#ottorsRecycles Over One Bilhon Pounds 01 Glass Each Year 1601 19th Street Paris, TX 75460 Phone: 903-785-1633 Fax: 903-785-8220

MATERIAL CERTIFICATION

The material covered by this Certification has been tested according to ISO 9001 standard procedures by our Quality Control Department and complies with all applicable specifications. Quality Control Data to substantiate this certification is on file in our Laboratory.

Potters tests every lot of glass beads produced for use in Highway Markings using XRF technology to insure that Heavy Metals are below the following limits for total content unless lower limits are required by the specification: Arsenic < 200ppm, Lead <200ppm, Antimony < 200ppm. Test Data is on file in our Quality Lab to support this, and is available upon request. Independent Testing Laboratory results using EPA Methods 3052 and 6010C can also be provided if requested at least 2 weeks in advance of shipment.

Customer (30843): SUNLINE Potters Order #: 1 237703 Customer PO #: 687204 Bill of Lading #: 81325058

Material Quantity (LB)

E 16 CTYPE 4) AC 35 80% SS 2200 VISIBEAD 44,000.000

LOT PA-H-090617-13 RACK 01-20

TOTAL QUANTITY: 44,000.000

DATE: 09/2 /2017

BY: jü ýý» lI

Page 1 ot 1 AAIZONA DEPARTMENT OF TRANSPORTATION Whlte ADOT Materials £27 44·932#HD,Vü Testing Charges Date MATERIALS GROUP Yetlow Éí Blue Ooeument # Actv MP 31 El

4- *7%-I'/ - Recalved Testcotnmencød TYPE IV GLASS BEAL)S Projects 9-18 i'7 Material Idelitlßcatlon 4. I tl Sampled 2 fi- Lab. No l -1,3 5 331 · Submitted by E r-t. sa,rv.ùby · No. %, 9 ö l C· Test No. Uuan Test No. Quan Test No. Quan K-l,/ A CA-Ab P,ujöcl H % 8 Souico ol Siltnola Efl- ÓC 1< Ouantlty \ LOT Locutlon OI SUPPI, 5/ m' I h) E

P•oleót Nti,nt· tof I r~ Co,nlloc él»7--U.ó ~î t, Us i MA*t - Spvciliçatluns Govuining AASHTO M-247

R ema,ks r '\ . , + Total LOT # Pr -4 il Charge: f U i bbl,7- /A'e) S * 11116,\(\, 2-o Test Results

=*4.

00 oì .Þ 1%-) O m 3> Z 3> r- Lg 0

IE> -F -5 o U\) 6 o °/o PASSING

00 ~10 0 0 0 l.rì 0 0 SPEC. % PASSING

AJ Ul Ul / SUNUNE *i CONTRACTING

820 N 1701 Ave • Phoenix, AZ 85007 • Phone: 602-422-9371

OWNERS RODD JOSE - President & Manaqina Member 2009-Present

Rodd has 27 years of industry experience from low level field work to managing multiple operations related to Traffic Control, Signs and Guardrail and Pavement Marking in the Southwest Region and now Owner of Heavy Highway Subcontracting business.

Responsible for job cost reporting and cost analysis on all projects. Forecast monthly operational budget costs vs revenue by job. Accountable for overall operation of branch in relation to Safety, Contracting, Job Costing, Customer Satisfaction and Employee resolution. Directs 20 Managers and a total branch staff of 175 plus employees. Project Manager for the $1.8 million quiet ride project helping the company exceed profit estimates and completing the project utilizing less than 95% of the estimated labor hours. Conducted estimating meetings to plan the project and the needs. Worked on job partnering meetings with ADOT to ensure that all aspects of the project were being met in the estimate. As Operations Manager, I was responsible for Inventory in excess of $3.5 million and maintained that inventory with a minimum of waste or loss. Coordinated, scheduled & managed workers (Drivers, Laborers, and Flaggers), equipment and vehicles for delivery, pick-up & service requests from customers in a timely and efficient manner to effectively meet customer's needs and expectations throughout the metro and surrounding areas.

DAVE PORTER - Sctrv/Treasurer & Manaqinq Member 2009-Present

Dave has 30 years of industry experience from low level field work to being accountable for budgeting, cost control, payroll, BCC (Sarbanes-Oxley Act) reporting and general accounting, including supervision of 220+ employees for two separate Regions (Southwest-AZ, CA, NV & Rocky Mtn - CO, WY) and now Owner of Heavy Highway Subcontracting business. Has supervise and managed multiple locations performing work in a variety of areas including, Traffic Control, Permanent Install (road and parking lot signage, Highway and guide signs, including structures and foundations, and Guardrail), Pavement Marking, Sales & Sign Manufacturing. Was the Project Manager for the installation of over 40 miles of Highway road and guide signs, including foundations, structures (cantilever, butterfly & bridge), static signs and VMS signs on private toll road. Worked as an Estimator for many years estimating Traffic Control, Sign installation & Pavement Marking work. Successfully estimating, managed and completed 3 Guardrail projects in Wyoming and 1 in Denver totaling over 60 miles.

KEY PERSONNEL DON COE - Project Manager/Scheduler 2012-Present SCOTT GLAZNER - Estimator/Project Manager 2011- Present JEFF SARPY - Estimator 2014-Present JOSH VERDONI - On-site Supervisor 2012-Present Both Don & Scott have over 20 Years of Industry Experience. Jeff has over 8 years of Industry Experience, both in field and management. Josh has over 15 years of Industry Experience in pavement markings installation and management. He is has expertise in paint, thermoplastic, water blasting removal and raised pavement markers. He has become our most efficient supervisor mastering all facets of pavement markings from laboring to running/managing projects. Sunline Contracting currently employs 23 field employees (6 superintendents, 8 operators & 9 laborers). This allows us to run 4-6 field crews at one time. The combined industry experience of our field crews is in excess of 80 years. AREA OF EXPERTISE Sunline specializes in providing pavement marking, signing and guardrail services for both temporary and permanent applications for private developers, general contractors, property managers, city county and state agencies meeting all federal, state and local standards.

The company was formed in 2009. . P

ARIZONA STATUTORY BID BOND FOR CONSTRUCTION PURSUANTTÚ TITLES ZS, 34 AND 41, ARIZONA REVISED STATUIES (P=*lty or this bami wud not be less than 1096 of tbe bìd amount)

KNOW ALL MEN BY THESE PRESENTS.THAI: Sunline Contracting, LLC Mercnants National inc, {hèr¢inaâôr ']~ringipal~), as Pri~•~ir=], ln<1 Bonding, ..(hgr:íoalter Surccy'), a

and under rbe laws of State of Iowa , corporâtion organized existing the _ wid i~s priccipaI West ofñces iß the City of Des Moines , 11olding a çcnifiçakt of authority to n'ar,•m óuréty buú.=s iz Arizona imued by thc Dirccicr of tiz Dcoaruneat cf Inãur=cc pursuanf to Ticlê 20, Chapter 2, Articl= 1, âs Surety, arc hckl and ñrmiy t-,M,mro Citv ofGoodvear (hr.,Éì.aaftcr -Obligw"), in Úle sutn ofTcn Pcrcent (10%) of the amount of îhe bid of Priücipal, submicteíl by Priucjpâl to [he Obligea fbr Lhc work dcacribeë below, ñor [he p:tym¢ac of whieh sum, * Prlncipal aad Surety bind thomselvas, =d [hcir heirs. admiai,Lratgm, exeçutors, su=sscfs aod assigns, jointly and scverally, ñrmly by ttcsê prcâcots.

WHBREAS, tbe Principal bâs subuüucð a bid for

Pavement Marking Services - Installation/Removal Solicitation Number: 18-4140

NOW THEREFORE, ffIbe Obligee sh:111 a=vt tlk p,oposal of tào Pdxzipai and thc P:iucipal A~!1 cíller into a coutrac: with the Cbliš¢$ in âccoïúançe with thé t¢ræs ofthe pmpoãal and give the bonds and çžrtiñcatës ofiasurânce as spe:iñed in the Sr,Iéird sptcificatioôs or Cootzact DoclnI,cnts with gcod atld sumcicîtt surccy for {h© fáíthfüi perfornmnce of Lbt (onimcr and for the prompt payment of laborand watc:ialê íüntióhcd i[~ the pro:cwuton of É~e COIXTICC, ¿ir iu Ik e¥=t of the failure of the Princiml to cnter into Ibc comrpcz and give tte bonds axìž ccrtiñçaks of insurance, if the Pvineipãl pays co :he Oblig= rhe<~cztrico not to c,í- îhe penaig of the bond bcrã,ecn thc amcwt speciñ¢d in the propcóai aüd suôtt largef amau!:I íorwhích the Oliligec nlay în good faith coot,ací wim aítothorparry to perfbmj cix work covefed by lh; pzpposøl êiw tbiß Objigadon is void. O{herwtle, it re,nrailz~ in ñltl fórce acd c::bctprovided, howevcr, that d,is bocd is exccutçd pamula m the provisiccs of Secttop 34.201, Aíízona Revised Siacutes, æld all tiabilitìcs on (ttis bood shall be determined ic accordance wi:h thc proviaionä of that icçtion to lhe cxiczit ø.3 if ít wcrc çopicd at leugib he:cin.

our hands l St Witness this day o: Februatry , 2018 Sunline Contractm LC Merchants Natiqnal Bonding, Inc PR mï /) - SE,U By:nlž» lAy. Jeri I(ž,6Th¿)!í(pßn (Auolìæy-tn-Faço Tin. MQ(,~%>r- Crest Insurance Group MAr-Adi3 AGENCY OF RECORD 7272 E. Indian School #375,_Šcottsdale, AZ 85251 /'3 .AGEN~DRE~S~~ l¢í V 122~10~pl~u~00____

Approved by Anzozla Deparanwl of Adminjgtmlion-Effectjvc 9/30/92 r . .i A/lERCHANI~~~~~ BONDING COMPANY., POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Filiberto J Islas, Heather J Perrin; Jeri Lynn Thompson; Margie Wager, Maria R Lucero, Melody J Stockton, Michael J Mesenbrink

their true and lawful Attorney(shin-Fact: to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of the of the guaranteeing fidelity persons, guaranteeing performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact. and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recogntzances, contracts of indemnity and other wrjtings obligatory ín the nature thereof.' "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking recognizance, or other suretyship o bligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-ìn-Fact indudes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of of Transportation making payment the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commjssioner- Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.

In Witness Whereof, the Companies have caused this instrument to be and sealed this 31 st signed day of May , 2017 ,O N.,...... /.,3 - :..:*9\,R0:CfiPO#:·'f:f:042.- MERCHANTS BONDING COMPANY (MUTUAL) . 0:

President STATE OF IOWA ...... COUNTY OF DALLAS ss. On this this 31 st of 2017 , day May before me appeared Larry Taylor, to me personally known, who me duly sworn did that he is President being by say of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC ; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies: and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. WA¿ Ay . AUCIA K. GRAM ý 0 Commission Number 767430 ßèþv: My Commission Expires /OWP- April 1,2020 ÙL-k- k- C- Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC, do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked.

In Witness Whereof, l have hereunto set my hand and affixed the seal of the on this 1 st Companies day of , 2018 .. February

./ . e ·,J,i

•..V .....··Š©'i ...... POA 0018 (3/17) ARIZONA STATUTORY PERFORMANCE BOND FOR CONSTRUCTION PURSUANT TO TITLES 28, 34, AND 41, ARIZONA REVISED STATUTES (Penalty of this bond must be 100% of the Contract Amount)

Project # 18-4140 Bond No. NAZ1649

KNOW ALL MEN BY THESE PRESENTS

That, Sunline Contracting, LLC (hereinafter called Principal), as Principal, and Merchants National Bonding, Inc. (hereinafter Surety), a corporation organized and existing under the laws of the State of Iowa with its principal office in the City of Des Moines holding a certificate of authority to transact surety business in Arizona issued by the Director of Insurance pursuant to Title 20, Chapter 2, Article 1, as Surety, are held and firmly bound unto City of Goodyear (hereinafter Obligee) in the amount of One Hundred Fifty Thousand and no/100 Dollars ($150,000.00 ), for the payment whereof, 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 9th day of

, 18 as April 20 , to construct and complete certain work described

Paving Marking Services - Installation/Removal - annual contract Bond term: April 9, 2018 to April 8, 2019 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 said Principal falthfully performs and fulfills all the undertakings, covenants, terms, conditions, and agreements of the contract during the original term of the contract and any extension of the contract, with or without notice of the Surety, and during the life of any guaranty required under the contract, and also performs and fulfills all the undertakings, covenants, terms, conditions, and agreements of all duly authorized modifications of the contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, the above 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 2, Article 2, Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the same extent as if it were copied at length in this agreement.

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

Witness our hands this 9th of 18 day April , 20 - Sunline Contracting, LLC Merchants National Bonding, Inc. (Seal) Surety prine~IlaL~ )7 < ..~. (Seal)-- -:.-Ý ï By By - Jeri%»4Länn Thompšoh At(Øney.-in-Feçt / ' ß Title: PRE 22 -/ Agency of Record: Crest Insurance Group 7272 E. Indian School Road #375 Scottsdale, AZ 85251 480-689-5295

Approved by Anzona Department of Administration - Effective 9/30/92 MERCHANí';~~ BONDING COMPANY-. POWER OF ATTORNEY All Know Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC , both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Filiberto J Islas, Heather J Perrin, Jeri Lynn Thompson, Margie Wager, Maria R Lucero; Melody J Stockton, Michael J Mesenbrink

their true and lawful Aitomey

In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 31 st day of May , 2017 ...... ~9.N.1.£.~.:. . MERCHANTS BONDING COMPANY (MUTUAL) .A.0 kt.*td MERCHANTS NATIONAL BONDING, INC. -o- o:_í :22 o- (~is æ: .Z šk-: e-· 2003 iø: 1933 .cr. ìo: - :í-E By Ed¢·. ..Ý.. PresidentŽ« ... /<· .. »7 STATE OF IOWA %94....IÖ...:97 ..... Do' COUNTY OF DALLAS ss.

On this this 31 st day of May 2017 . before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies: and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ÝUA¿ ALICIA K. GRAM e = 0 ,=# ~ Commission Number 767430 : ~ T My Commission Expires /O\AI' April 1, 2020 --k. C- Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies. which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on thisi>th day of April 2018

....%\%9..ÊO,%2.' ·'4~tì¿*poh-· * : :,zris -0- W 0 -- i'¿4-u 4-u' .Z: Š.-: 223* . ýæ: 4'· > 1933 Secretary :Žt... 2003-tøý : *-·. .: e:

Ír ...... POA 0018 (3/17) ARIZONA STATUTORY PAYMENT BOND FOR CONSTRUCTION PURSUANT TO TITLES 28, 34, AND 41, ARIZONA REVISED STATUTES (Penalty of this bond must be 100% of the Contract Amount)

Project # 18-4140 Bond No. NAZ1649

KNOW ALL MEN BY THESE PRESENTS

That, Sunline Contracting, LLC (hereinafter called Principal), as Principal, and Merchants National Bonding, Inc. (hereinafter Surety), a corporation organized and existing under the laws of the State of Iowa with its principal office in the City of Des Moines holding a certificate of authority to transact surety business in Arizona issued by the Director of Insurance pursuant to Title 20, Chapter 2, Article 1, as Surety, are held and firmly bound unto City of Goodyear (hereinafter Obligee) in the amount of One Hundred Fifty Thousand and no/100 Dollars ( $150,000.00 ), for the payment whereof, 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 9th day of 18 April , 20 , to construct and complete certain work described as Paving Marking Services - Installation/Removal - annual contract Bond term: April 9, 2018 to April 8, 2019 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 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 above 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 2, Article 2, Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the same extent as if it were copied at length in this agreement.

The prevailing party in suit on this bond shall recover as a part of his judgment such reasonable attorney fees that may be fixed by a judge of the court. Witness our hands this 9th day of April ,20 18 Sunline Contracting, LLC Merchants National Bonding. Inc. Principal (Seal) Surøtv~ r (Seai)

- 2 By' JFO·** Bvk·Üexkžšl Ü/\ ,

Approved by Arizona Department of Administration - Effective 9/30/92 AAERCHANT-S~~ BONDING COMPANY.. POWER OF ATTORNEY Know All These that Persons By Presents, MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC. , both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Filiberto J Islas, Heather J Perrin; Jeri Lynn Thompson; Margie Wager Maria R Lucero, Melody J Stockton, Michael J Mesenbrink

their true and lawful Attorney

In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 31st day of May 2017 .·. kî,F~,!~4£ ''.·. f'4·. ·0¢9*pö¿·.·, MERCHANTS BONDING COMPANY (MUTUAL-) '4-4..~'•~ MERCHANTS NATIONAL BONDING, INC. Áé·¿spoäkêž o EE-S -o- 5#l:2:3+ '": ìßtt 2003 1933 7:~j By %*2·. siøi E,~·. .Ý.. President~~ ..: Ýï ~0~~ STATE OF IOWA ...... COUNTY OF DALLAS ss. On this this 31st day of May 2017 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he Is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. FkA¿ ALICIA K. GRAM o AI 5 Commission Number 767430 Z 4/elo\¿\ r- My Commission Expires /CAN' April 1,2020 -*k- C- Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this ikh day of April ,2018 .. Äßií FÅ ··. • fv ···..· ·:440·/ ' .A·0 l,Ll~• -0- -0- W Eríž 'íkýž, LLL-*.*.J * Z: 0:2: €/*bý, i~ï 2003 ,¿27 \j-E. 1933 / e : Secretary *... .V. //·.ý.-ï.~-ÝF~...... POA 0018 (3/17) ...... Ø... ACORD DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 3/6/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of tþe policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Crest Insurance Group, LLC FAX E &087#o. Ex„: 480-689-5339 (A/C, No): 480-839-2272 5285 Williams Cir. Ste 4500 E-MAIL Tucson AZ 85711 ADDRESS: [email protected] INSURER(S) AFFORDING COVERAGE NAIC # ~ INSURER A :American Mining Insurance Company 15911 INSURED 70SUNLCON INSURER B : ACUity 14184 Sunline Contracting, LLC 820 N. 17th Ave INSURER C: Phoenix AZ 85007 INSURER D:

INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 1624699956 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS B X COMMERCIALGENERAL LIABILITY Y Y Z84249 10/21/2017 10/21/2018 EACH OCCURRENCE $ 1,000000 DAMAGE TO RENTED CLAIMS-MADEE ~ OCCUR PREMISES (Ea occurrence) $ 250.000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 3,000,000 POLICY LÍU JECT L_J LOC PRODUCTS -COMP/OP AGG $ 3.000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y Z84249 10/21/2017 10/21/2018 COMBINED SINGLE LIMIT $ (Ea accident) 1.000.000 ~ ANY AUTO BODILY INJURY (Per person) $ 1,000,000 OWNED SCHEDULED BODILY INJURY AUTOS ONLY AUTOS (Per accident) $ 1,000,000 HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY X AUTOS ONLY (Per accident) $ $ B íl X UMBRELLA LIAB X OCCUR Y Y Z84249 10/21/2017 10/21/2018 EACH OCCURRENCE $ 5000,000 EXCESS LIAB CLAIMS-MADEE AGGREGATE $

DED X RETENTION$ o $ A WORKERS COMPENSAPON Y AMWC243302 10/21/2017 10/21/2018 PER OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED~ N/A (Mandatory in NH) ~ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, descnbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (BCORD 101, Additional Remarks Schedule, may b 3 attached if mora space is required) Certificate holder and others when required in a mitten contract or agreement are Addilional Insured (General Liaoility & Automobile Liability) including Prolucts Completed. Coverage is Primary & Non-Contributory (General Liability). Waiver of Subrogation (General Liability, Automobile Liability & Workers Compensation) applies. This form is subject to all policy forms, terms, endorsements, conditions definitions & exclusions.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF GOODYEAR 190 N LITCHFIELD ROAD GOODYEAR AZ 85338 AUTHORIZED REPRESENTATIVE éodt R,+C.UQ © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Policy No. Z84249

ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -AUTO- CG-7194(5-13) MATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under This insurance does not apply to: the following: a. Bodily injury, property damage or personal COMMERCIAL GENERAL LIABILITY COVERAGE PART and advertising injury arising out of the ren- 1. Section Il - Who Is An Insured is amended to dering of, or the failure to render, any pro- include as an additional insured: fessional architectural, engineering or surveying services, including: a. Any person or organization for whom you are performing operations when you and (1) The preparing, approving or failing to such person or organization have agreed in prepare or approve maps, shop writing in a contract or agreement that such drawings, opinions, reports, surveys, person or organization be added as addi- field orders, change orders or drawings tional insured on your policy; and and specifications; or b- Any other person or organization you are (2) Supervisory, inspection, architectural or required to add as an additional insured engineering activities. under the contract or agreement described b. Bodily injury or property damage occurring in paragraph a above. after: Such person or organization is an additional (1) All work, including materials, parts or insured only with respect to liability for bodily equipment furnished in connection with injury, property damage or personal and ad- such work, on the project (other than vertising injury caused, in whole or in part, by: service, maintenance or repairs) to be a. Your acts or omissions; or performed by or on behalf of the additional at the location of the b. The acts or omissions of those on insured(s) acting covered operations has been complet- your behalf; ed; or in the of performance your ongoing operations of for the additional insured. (2) That portion your work out of which the injury or damage arises has been A person's or organization's status as an addi- put to its intended use by any person tional insured under this endorsement ends or organization other than another con- when your operations for that additional insured tractor or subcontractor engaged in per- are completed. forming operations for a principal as a 2. With respect to the insurance afforded to these part of the same project. additional insureds, the following additional ex- 3. The insurance provided by this endorsement is clusions apply: primary and noncontributory. Policy No. Z84249

ADDITIONAL INSURED - COMPLETED OPERATIONS - PRIMARY CG-7274(5-13) AND NONCONTRIBUTORY AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU (OWNERS, LESSEES OR CONTRACTORS) This endorsement modifies insurance provided under 2. This insurance does not apply to: the following: a. Bodily injury or property damage which oc- COMMERCIAL GENERAL LIABILITY COVERAGE PART curs prior to the execution of the contract or 1. Section Il - Who Is An Insured is amended to agreement described in item 1; or include as an additional insured: b. Bodily injury or property damage that oc- a. Any person(s) or organization(s) for whom curs after the time period during which the you have performed operations if you and contract or agreement described in item 1 such person(s) or organization(s) have requires you to add such person or or- agreed in writing in a contract or agreement ganization onto your policy as an additional that such person(s) or organization(s) be insured for completed operations; or added as an additional insured on your poli- c. Bodily injury or property damage arising out cy for completed operations; and of the rendering of, or the failure to render, b. Any other person(s) or organization(s) you any professional, architectural, engineering are required to add as an additional insured or surveying services, including: under the contract or agreement described (1) The preparing, approving or failing to in paragraph a above. prepare or approve maps, shops Such person or organization is an additional drawings, opinions, reports, surveys, insured only with respect to liability included in field orders, change orders or drawings the products-completed operations hazard for and specifications; or bodily injury or property damage caused, in (2) Supervisory, inspection, architectural or whole or in part, by your work performed for engineering activities. that additional insured at the location desig- 3. The insurance this endorsement is nated and described in the contract or agree- provided by ment. primary and noncontributory. Policy No. Z84249

ADDITIONAL INSURED - AUTOMATIC STATUS WHEN REQUIRED IN CA-7214(10-98) WRITTEN AGREEMENT WITH YOU - PRIMARY This endorsement modifies insurance provided under out of operations performed for the additional in- the following: sured by you. BUSINESS AUTO COVERAGE FORM 2. The coverage provided by this endorsement will GARAGE COVERAGE FORM be primary and noncontributory with respect to any MOTOR CARRIER COVERAGE FORM other coverage available to the additional insured. 1. Who Is an Insured under Section Il - Liability 3. The Limits of Insurance applicable to the addi- Coverage is amended to include any person or or- tional insured are those specified in the written con- ganization with whom you have agreed in writing in tract or agreement or in the Declarations for this a contract or agreement that such person or or- Coverage Form, whichever is less. These Limits of ganization be added as an additional insured on Insurance are inclusive and not in addition to the your policy. Such persons or organizations are addi- Limits of Insurance shown in the Declarations. tional insureds only with respect to liability arising PoliCy No. Z84249

ACU/TYENHANCEMENTS - GENERAL LIABILITY CG-7301(11-14) This endorsement modifies insurance provided under at the inception date of your policy, we will not the following: reject coverage under this policy based solely COMMERCIAL GENERAL LIABILITY COVERAGE FORM on such failure. A. Extended Non-Owned Watercraft H. Waiver of Subrogation for Written Contracts Exclusion g Exception (2)(a) of Coverage A - The following is added to the Transfer of Rights Bodily Injury and Property Damage Liability is of Recovery Against Others to Us Condition replaced by the following: under Section IV - Commercial General Liability (a) Less than 51 feet long; and Conditions: B. increased Bail Bond Amount We waive any right of recovery we may have against a person or organization because of The limit shown in paragraph 1 b of Supplemen- payments we make for injury or damage arising tary Payments - Coverages A and B is in- out of your ongoing operations or your work creased to $1,000. done under a contract with that person or or- C. Increased Reasonable Expenses Incurred by ganization and included in the products-com- the Insured pleted operations hazard. The waiver applies to a or with whom The limit shown in ld of only person organization you paragraph Supplemen- have a written contract or in which - A and B is in- agreement tary Payments Coverages are to waive of creased to $350. you required rights recovery under this policy. Such contract or agreement D. Newly Acquired Organizations must have been executed prior to the occur- Item 3a of Section Il - Who Is An Insured is rence causing injury or damage. replaced by the following: I. Liberalization a. Coverage under this provision is afforded The following is added to Section IV - Commer- only until the 180th day after you acquire or cial General Liability Conditions: form the or the end of the organization If we revision that would broaden the whichever is earlier; adopt any policy period, coverage under this policy without additional E. Tenants Legal Liability premium within 45 days prior to or during the Paragraphs (1), (3) and (4) of the Damage to policy period, the broadened coverage will im- Property Exclusion under Section I - Coverages mediately apply to this policy. do not apply to property damage (other than J. Broadened Bodily Injury to the damage by fire) premises, including con- The Definition of \s amended to tents of such a Bodily Injury premises, rented to you for include mental anguish. period of 8 or more consecutive days. K. Electronic Data Liability The most we will pay under this coverage for damages because of property damage to any 1. Exclusion 2q of Coverage A - Bodily Injury one premises is $10,000. A $250 deductible And Property Damage Liability in Section I - applies. Coverages is replaced by the following: F. Knowledge of Claim or Suit 2. Exclusions The following is added to paragraph 2, Duties This insurance does not apply to: in the Event of Occurrence, Offense, Claim or q. Access Or Disclosure Of Confi- Suit of Section IV - Commercial General Liabil- dential Or Personal Information ity Conditions: And Data-related Liability Knowledge of an occurrence, claim or suit by Damages arising out of: your agent, servant or employee shall not in itself constitute of the Named In- (1) Any access to or disclosure of knowledge or sured unless an officer of the Named Insured any person's organization's confidential or infor- has received such notice from the agent, ser- personal vant or employee. mation, including patents, trade secrets, processing G. Unintentional Failure to Disclose Hazard methods, customer lists, finan- The following is added to the Representations cial information, credit card in- Condition under Section IV - Commercial Gen- formation, health information eral Liability Conditions: or any other type of nonpublic information; or Based on our dependence upon your representations as to existing hazards, if unintention- (2) The loss of, loss of use of, ally you should fail to disclose all such hazards damage to, corruption of, in-

(continued next page) ability to access, or inability to L. Employee Benefits Liability Coverage

manipulate e/ectronic data that 1. The is added to Section I - Cov- not from following does result physical erages: injury to tangible property. Insuring Agreement This exclusion applies even if damages are claimed for notification a. We will pay those sums that the in- costs, credit monitoring expenses, sured becomes legally obligated to pay forensic expenses, public relations as damages because of any act, error or of or of expenses or any other loss, cost or omission, the insured, any other for whose acts the insured expense incurred by you or others person arising out of that which is de- is legally liable, to which this coverage scribed in paragraph (1) or (2) applies. We will have the right and duty above. to defend the insured against any Suit those However, we unless seeking damages. However, paragraph (1) will have no duty to defend the insured above applies, this exclusion does suit to riol lo because oí against any seeking damages apply damages which this coverage does not apply. We bodily injury. may, at our discretion, investigate any 2. The following paragraph is added to Section report of an act, error or omission and Ill - Limits of Insurance: settle any claim or suit that may result. Subject to paragraph 5 above, $10,000 is But: the most we will pay under Coverage A for (1) The amount we will pay for dam- property damage because of all loss of ages is limited as described in electronic data arising out of any one occur- paragraph 5 of this coverage; and rence. (2) Our right and duty to defend ends 3. The following definition is added to Section when we have used up the applica- V - Definitions: ble limit of insurance in the payment of or settlements. "Electronic data" means information, facts judgments or programs stored as or on, created or No other obligation or liability to pay used on, or transmitted to or from computer sums or perform acts or services is software (including systems and application covered unless explicitly provided for software), hard or floppy disks, CD-ROMS, under Supplementary Payments. data devices tapes, drives, cells, processing b. This coverage applies to damages only or any other media which are used with if: electronically controlled equipment. (1) The act, error or omission, is negli- 4. For the purposes of this coverage, the defi- committed in the administra- nition of in Section V - gently "property damage" Non of your employee benefit pro- Definitions is the replaced by following: gram; means: "Property damage" (2) The act, error or omission, did not a. Physical injury to tangible property, in- take piace before the originai incep- cluding all resulting loss of use of that tion date of this coverage nor after property. All such loss of use shall be the end of the policy period; and deemed to occur at the time of the A c/aim for damages, because of an that caused (3) physical injury it; act, error or omission, is first made b. Loss of use of tangible property that is against any insured, in accordance not physically injured. All such loss of with paragraph c below, during the use shall be deemed to occur at the time policy period or an Extended Report- of the occurrence that caused it; or ing Period we provide under para- 6 of this c. Loss of, loss of use of, damage to, graph coverage. corruption of, inability to access, or in- c. A c/aim seeking damages will be ability to properly manipulate electronic deemed to have been made at the ear- data, resulting from physical injury to lier of the following times: All such loss of elec- tangible property. When notice of such c/aim is re- tronic data shall be deemed to occur at (1) ceived and recorded by any insured the time of the occurrence that caused or us, whichever comes first; or it. by When we make settlement in ac- For the of this elec- (2) purposes coverage, cordance with paragraph a above. tronic data is not tangible property. A c/aim received and recorded by the

(continued next page) insured within 60 days after the end of cial security or disability benefits law or the policy period will be considered to any similar law. have been received within the policy g. ERISA period, if no subsequent policy is available to cover the claim. Damages for which any insured is liable because of liability imposed on a fidu- d. All c/aims for damages made by an ciary by the Employee Retirement In- because of error or emp/oyee any act, come Security Act of 1974, as now or or a series of related omission, acts, hereafter amended, or any similar errors or by omissions, including damages federal, state or local laws. claimed by such employee's dependents and beneficiaries, will be deemed h. Available Benefits to have been made at the time the first Any c/aim for benefits to the extent that of those claims \s made against any such benefits are available, with rea- insured. sonable effort and cooperation of the Exclusions insured, from the applicable funds accrued or other collectible insurance. This coverage does not apply to: i. Taxes, Fines Or Penalties a. Dishonest, Fraudulent, Criminal Or Malicious Act Taxes, fines or penalties, including those under the Internal Rev- out of imposed Damages arising any intentional, enue Code or any similar state or local dishonest, fraudulent, criminal or mali- law. cious act, error or omission, committed by any insured, including the willful or j. Employment-Related Practices reckless violation of any statute. Damages arising out of wrongful ter- b. Bodily Injury, Property Damage, Or mination of employment, discrimination, Personal And Advertising Injury or other employment-related practices. Bodily injury, property damage or per- 2. For the purposes of the coverage provided: sonal and advertising injury. a. All references to Supplementary Pay- c. Failure To Perform A Contract ments - Coverages A and B are replaced by Supplementary Payments - Damages arising out of failure of perfor- Coverages A, B and Employee Benefits mance of contract by any insurer. Liability. d. Insufficiency Of Funds b. Paragraphs 1 b and 2 of the Supplemen- Damages arising out of an insufficiency tary Payments provision do not apply. of funds to meet any obligations under 3. For the of the included in the purposes coverage provided, any plan employee 2 and 3 of Section Il - Who Is benefit paragraphs program. An Insured are replaced by the following: e. Of Performance Of In- Inadequacy 2. Each of the following is also an insured: vestment/Advice Given With Respect To Participation a. Each of your emp/oyees who is or was authorized to administer c/aim based your Any upon: employee benefit program. Failure of investment to (1) any per- b. or em- form; Any persons, organizations ployees having proper temporary (2) Errors in providing information on authorization to administer your past performance of investment ve- employee benefit program if you hicles; or die, but only until your legal representative is (3) Advice given to any person with appointed. respect to that person's decision to c. Your legal representative if you die, participate or not to participate in but only with respect to duties as any plan included in the employee such. That representative will have benefit program. all your rights and duties under this f. Workers' Compensation And Similar coverage. Laws 3. Any organization you newly acquire or other than a ven- Any c/aim arising out of your failure to form, partnership, joint comply with the mandatory provisions ture or limited liability company, and over which maintain or of any workers' compensation, unem- you ownership majority will as a Named if ployment compensation insurance, so- interest, qualify Insured no other similar insurance applies to that

(continued next page) organization. However: ginning of the policy period shown in the a. Coverage under this provision is af- Declarations of the policy to which this cov- forded only until the 90th day after erage is attached, unless the policy period is extended after issuance for an you acquire or form the organiza- additional of less than 12 months. tion or the end of the policy period, period In that case, whichever is earlier. the additional period will be deemed part of the last preceding period for purposes of b. Coverage under this provision does determining the Limits Of Insurance. not apply to any act, error or omis- Deductible sion that was committed before you acquired or formed the organiza- a. Our obligation to pay damages on be- tion. half of the insured applies only to the amount of in excess of 4. For the purposes of the coverage provided, damages the e as Section Ill - Limits Of Insurance is replaced deductible amount stated in below by the following: applicable to Each Employee. The limits of insurance shall not be reduced by Limits Of Insurance the amount of this deductible. a. in be- The Limits of Insurance shown d b. The deductible amount stated in e below and the rules below fix the most we low applies to all damages sustained will of the number of: by pay regardless any one emp/oyee, including such em- (1) Insureds; ployee's dependents and beneficiaries, because of all acts, errors or omissions (2) C/aims made or suits brought; to which this coverage applies. Persons or (3) organizations making c. The terms of this c/aims or suits; coverage, including bringing those with respect to: (4) Acts, errors or omissions; or (1) Our right and duty to defend any (5) Benefits included in your employee suits seeking those damages; and benefit program. (2) Your duties, and the duties of any b. The Aggregate Limit is the most we will other involved insured, in the event pay for all damages because of acts, of an act, error or omission, or errors or omissions negligently commit- claim ted in the administration of your em- benefit apply irrespective of the application of ployee program. the deductible amount. c. Subject to the Aggregate Limit, the d. We or all of the Each Limit is the most we may pay any part Employee deductible amount to effect settlement will pay for all damages sustained by of c/aim or suit and, notifica- any one employee, including damages any upon sustained by such employee's depen- tion of the action taken, you shall prom- reimburse us for such of the dents and beneficiaries, as a resuit of: ptly part deductible amount as we have paid. An act. error or omission: or íl) e. Deductibie (2) A series of related acts, errors or omissions Each Employee Deductible- $1,000 negligently committed in the administra- 5. For the purposes of the coverage provided, Conditions 2 and 4 of Section IV - Con- Non of your employee benefit program. ditions are replaced by the following: However, the amount under this paid 2. Duties In The Event Of An Error coverage shall not exceed, and will be Act, subject to, the limits and restrictions Or Omission, Or Claim Or Suit that apply to the payment of benefits in a. You must see to it that we are any plan included in the employee notified as soon as practicable of benefit program. an act, error or omission which d. Limits of Insurance may result in a c/aim. To the extent possible, notice should include: Each Employee Limit: $250,000 (1) What the act, error or omis- Aggregate Limit: $250,000 sion was and when it oc- The Limits of Insurance of this coverage curred; and apply separately to each consecutive an- (2) The names and addresses of nual period and to any remaining period of anyone who may suffer dam- less than 12 months, starting with the be- ages as a result of the act,

(continued next page) error or omission. that is effective prior to the of the a claim \s made or Suit is beginning policy period b. If brought of insured, must: shown in the Declarations against any you this insurance and that applies (1) Immediately record the specif- to an act, error or omission on ics of the claim or suit and the other than a claims-made ba- date received; and sis, if the other insurance has (2) Notify us as soon as practica- a policy period which contin- ble. ues after the original inception date of this coverage. c. You and any other involved insured must: (2) When this coverage is excess, we will have no to defend send us of duty (1) Immediately copies the insured any suit if any demands, notices, sum- against any other insurer has a duty monses or legal papers re- to defend the insured ceived in connection with the against that su#. If no other insurer claim or suit; defends, we will undertake to (2) Authorize us to obtain records do so, but we will be entitled and other information; to the insured's rights against (3) Cooperate with us in the in- all those other insurers. vestigation or settlement of (3) When this coverage is excess the c/aim or defense against over other insurance, we will the suit; and pay only our share of the (4) Assist us, upon our request, in amount of the loss, if any, that the enforcement of any right exceeds the sum of the total against any person or organi- amount that all such other in- zation which may be liable to surance would pay for the loss the insured because of an act, in absence of this coverage; error or omission to which this and the total of all deductible coverage may also apply. and self-insured amounts under all that other insurance. d. No insured will, except at that insured's own cost, voluntarily make (4) We will share the remaining a payment, assume any obligation loss, if any, with any other in- or incur any expense without our surance that is not described consent in this Excess Insurance provision and was not bought spe- e. The to us can requirements notify cifically to apply in excess of be satisfied by notifying our agent. the Limits of Insurance shown means of Notice can be by any in 5d of this cov- communication. paragraph erage. 4. Other Insurance c. Method Of Sharing If other valid and collectible insurance If all of the other insurance permits is available to the insured for a loss we contribution by equal shares, we cover under this coverage, our obliga- will follow this method also. Under tions are limited as follows: this approach each insurer contri- a. Primary Insurance butes equal amounts until it has This coverage is primary except paid its applicable Limit of Insur- when paragraph b below applies. If ance or none of the loss remains, whichever comes first. this coverage is primary, our obligations are not affected unless any of If any of the other insurance does the other insurance is also primary. not permit contribution by equal Then, we will share with all that other shares, we will contribute by limits. insurance by the method described Under this method,, each insurer's in paragraph c below. share is based on the ratio of its b. Excess Insurance applicable Limits of Insurance to the total applicable Limits of Insur- This is over (1) coverage excess ance of all insurers. any of the other insurance, of the whether primary, excess, con- 6. For the purposes coverage provided, tingent or on any other basis the following Extended Reporting Period

(continued next page) provisions are added, or, if this coverage is afforded for c/aims first received during attached to a claims-made Coverage Part, such period is excess over any other replaces any similar Section in that Cov- valid and collectible insurance available erage Part: under policies in force after the Ex- EXTENDED REPORTING PERIOD tended Reporting Period starts. d. If the Extended Period is in a. You will have the right to purchase an Reporting effect, we will an extended re- Extended Reporting Period, as de- provide scribed below, if: porting period aggregate limit of insurance described below, but only for (1) This coverage is canceled or not claims first received and recorded dur- renewed; or ing the Extended Reporting Period. (2) We renew or replace this coverage The extended reporting period aggreg- with insurance that: gate limit of insurance will be equal to (a) Has an inception date later the dollar amount shown in paragraph than the original inception 5d of this coverage under Limits of In- date of this coverage; or surance. (b) Does not apply to an act, er- Paragraph 5b of this coverage will be ror or omission on a claims- amended accordingly. The Each Em- made basis. ployee Limit shown in paragraph 5d will then continue to as set forth in The Period does apply b. Extended Reporting paragraph 5c. not extend the policy period or change the scope of coverage provided. It ap- 7. For the purposes of the coverage provided, plies only to c/aims for acts, errors or the following definitions are added to the omissions that were first committed be- Definitions Section: fore the end of the policy period but not a. "Administration" means: before the original inception date of this Once in effect, the Extended (1) Providing information to employees, coverage. their and Reporting Period may not be canceled. including dependents beneficiaries, with respect to eligi- c. An Extended Reporting Period of five bility for or scope of employee years is available, but only by an en- benefit programs; dorsement and for an extra charge. (2) Handling records in connection with You must give us a written request for the employee benefit program; or the endorsement within 60 days after the end of the policy period. The Ex- (3) Effecting, continuing or terminating tended Period will not into any emp/oyee's participation in any Reporting go benefit included in the effect unless you pay the additional emp/oyee premium promptly when due. benefit program. administration does not in- We will determine the additional pre- However, mium in accordance with our rules and clude handling payroll deductions. rates. In doing so, we may take into b. "Cafeteria plans" means plans autho- account the following: rized by applicable law to allow employees to elect to for certain benefits (1) The employee benefit programs in- pay sured; with pre-tax dollars. (2) Previous types and amounts of in- c. "Claim" means any demand, or Suit, made an or an surance; by emp/oyee emp/oyee's dependents and beneficiaries, for (3) Limits of insurance available under damages as the result of an act, error this coverage for future payment of or omission. damages; and d. "Employee benefit program" means a (4) Other related factors. program providing some or all of the The additional premium will not exceed following benefits to employees, wheth- $100. er provided through a cafeteria plan or otherwise: The Extended Reporting Period endorsement applicable to this coverage (1) Group life insurance; group acci- shall set forth the terms, not inconsis- dent or health insurance; dental, vi- tent with this Section, applicable to the sion and hearing plans; and flexible Extended Reporting Period, including a spending accounts; provided that provision to the effect that the coverage no one other than an employee

(continued next page) may subscribe to such benefits and (a) Held by the insured for sen/ic- such benefits are made generally ing, repair, storage or sale at available to those employees who premises owned, occupied or satisfy the plan's eligibility require- rented to the insured. ments; (b) Caused by the ownership, (2) Profit sharing plans, employee sav- maintenance, use, loading or ings plans, employee stock owner- unloading of any auto, water- ship plans, pension plans and stock craft or transportation of prop- subscription plans, provided that no erty by any means. one other than an employee may b. Exclusion is deleted. subscribe to such benefits and 21(5) such benefits are made generally 2. The insurance provided by this coverage is available to all employees who are subject to the following provisions: eligible under the plan for such a. We will pay for property damage at benefits; your request even if you are not legally (3) Unemployment insurance, social liable, if it is otherwise subject to this security benefits, workers' compen- coverage. sation and disability benefits; b. Property damage does not include loss (4) Vacation plans, including buy and of use if personal property of others is sell programs; leave of absence not physically injured. programs, including military, mater- c. Limits and civil tuition nity, family, leave; The most we an assistance will pay for occurrence plans; transportation under this is and health club subsidies; and coverage $2,500. The most we will for sum of other similar benefits added pay the all (5) Any amounts under this an thereto endorsement. paid coverage is by aggregate of $2,500. 8. For the of the purposes coverage provided, The General the Definitions in the Definitions Aggregate Limit and Each following Occurrence Limit under Section Ill - Section are the replaced by following: Limits of Insurance do not apply to the a. "Employee" means a person actively insurance provided under this coverage. on leave employed, formerly employed, d. Settlement of absence or disabled, or retired. Em- ployee includes a leased worker. Em- If you make any repairs to damaged ployee does not include a temporary property, at our request, we will pay the worker. larger of your actual cost or 75% of usual for the Ia- b. "Suit" means a civil in which your charge necessary proceeding bor and materials. for because of an act, error or Any property paid damages or us become our omission to which this replaced by may coverage applies at our are alleged. Suit includes: property option. Any payment made under this coverage shall not be (1) An arbitration proceeding in which interpreted as an admission of liability such damages are claimed and to by the insured or the company. which the insured must submit or e. Deductible does submit with our consent; or Our to for a covered loss other alternative reso- obligation pay (2) Any dispute to the amount of loss in lution in which such applies only proceeding excess of damages are claimed and to which $200. the insured submits with our con- f. Other Insurance sent. The insurance provided by this cover- M. Voluntary Property Damage age is excess over any other insurance carried the insured which to 1. With to the insurance un- by applies respect provided a loss covered this der this coverage, paragraph 2 Exclusions by coverage. of Coverage A - Bodily Injury and Property N. Increased Limits of Insurance Damage Liability under Section I - Cov- 1. The General Aggregate Limit is increased erages is modified as followed: to three times the Each Occurrence Limit. a. Exclusion 2j(4) is replaced by the fol- 2. The Products-Completed Operations Aggre- lowing: gate Limit is increased to three times the (4) Personal property of others: Each Occurrence Limit.

(continued next page) 3. The Damage To Premises Rented To You The Limits of Insurance shown here cio not Limit is increased to $250,000. replace and are not in addition to the Limits of 4. The Medical Expense Limit is increased to Insurance shown in the Declarations. $10,000. - WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT

We have the to recover our payments from anyone liable for an injury covered by this policy. We will not enforce right to the extent that our against the person or organization named in the Schedule. (This agreement applies only right from you perform work under a written contract that requires you to obtain this agreement us.) This agreement shall not øperate directly or indirectly to benefit anyone not named in the Schedule.

Schedule to obtain Any person or organization with whom you have entered into a written contract a condition of which requires you this Waiver from us.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/21/2017 Policy No. AMWC243302 Endorsement No. Insured Sunline Contracting LLC Premium $ Insurance Company American ~/lining Insurance Company Countersigned by

WC 00 03 13 (Ed. +84)

ACU/TYENHANCEMENTS - BUSINESS AUTO CA-7255(10-16) This endorsement modifies insurance provided under D. Fellow Employee Coverage the following: The Fellow Employee Exclusion contained in BUSINESS AUTO COVERAGE FORM Section Il - Liability Coverage does not apply. MOTOR CARRIER COVERAGE FORM E. Towing for Covered Autos after Covered A. Temporary Substitute Vehicle Physical Dam- Losses age The following is added to paragraph A4 Cov- The following is added to item C Certain Trail- erage Extensions of Section Ill - Physical Dam- in the Business Auto ers, Mobile Equipment and Temporary Substi- age Coverage Coverage tute Autos under Section I - Covered Autos: Form and to paragraph A4 Coverage Extension under Section IV - Physical Damage Coverage If Physical Damage Coverage is provided by in the Motor Carrier Coverage Form and the this Coverage Form, any auto you do not own Towing Coverage endorsement, if it applies to of owner as a while used with permission its your policy: substitute for a covered auto you temporary a own that is out of service because of its break- If a covered /oss to covered auto renders the down, repair, servicing, /oss or destruction is a vehicle undriveable, we will pay for reasonable covered auto for Physical Damage Coverage. and necessary costs to tow the vehicle to the nearest service or salvage facility. This cov- B. Who Is an Insured erage only applies to a covered auto insured The following are added to Who Is an Insured for Comprehensive or Collision coverage. Such under Section Il - Liability Coverage: payments will not reduce the limits of insurance described in C Limit of Insurance. 1. Newly Acquired Organizations F. Transportation Expenses Any organization you newly acquire or form, other than a partnership, joint venture or The Transportation Expenses Coverage Exten- limited liability company, and over which sion is replaced by the following: you maintain ownership or majority interest, We will also pay up to $75 per day to a maximum will qualify as a Named Insured if there is of $1,500 for temporary transportation expense no other similar insurance available to that incurred by you because of the total theft of a organization. However: covered auto of the private passenger or light a. Coverage under this provision is afforded truck type. We will pay only for those covered only until the 180th day after you acquire autos for which you carry either Comprehensive or form the organization or the end of the or Specified Causes of Loss Coverage. We will policy period, whichever is earlier; pay for temporary transportation expenses incurred the 48 hours after b. This not to during period beginning coverage does apply bodily the theft and of the or that occurred ending, regardless policy's injury property damage expiration, when the covered auto is returned to before or formed the or- you acquired use or we for its /oss. ganization; pay G. Increased Sub-limit for Audio, Visual and c. No person or organization is an insured Data Electronic Equipment Coverage with respect to the conduct of any current or past partnership, joint venture or The sub-limit shown in paragraph C2 of the limited liability company that is not Limit of Insurance Provision of Section Ill - shown as a Named Insured in the Dec- Physical Damage Coverage in the Business larations. Auto Coverage Form is increased to $3,000. 2. Employees as Insureds H. The following are added to Coverage Extensions under Section Ill - in of is an insured while Physical Damage Coverage Any emp/oyee yours the Business Auto Form and to Sec- a covered auto do not own, hire Coverage using you tion IV - Physical Damage Coverage in the Motor or borrow in your business or your personal Form: affairs. Carrier Coverage 1. Accidental Airbag Discharge C. Increased Supplementary Payments We will pay to replace an airbag that de- 1. The limit shown in of paragraph A2*2) ploys without the car being involved in an - increased Section Il Liability Coverage is accident. This coverage to a to applies only $3,000. covered auto which you own. 2. The limit shown in paragraph A2a(4) of 2. Loan/Lease Gap Coverage Section Il - Liability Coverage is increased to $300. In the event of a total /oss to a covered auto of the private passenger or light truck

CA-7255(10-16) (continued next page) type, we will pay any unpaid amount due (1) The number of days reasonably re- on the lease or loan, less: quired to repair or replace the cov- a. The amount paid under the Physical ered auto. If /oss is caused by Damage Coverage Section of the poli- theft, this number of days is added cy; and to the number of days it takes to locate the covered auto and return b. Any: it to you. (1) Overdue lease/loan payments at (2) 30 days. the time of the /oss; d. Our payment is limited to the lesser of (2) Financial penalties imposed under the following amounts: a lease for excessive use, abnor- mal wear and tear or (1) Necessary and actual expenses in- high mileage; curred. (3) Security deposits not returned by the lessor; (2) $75 per day to a maximum of $1,500. (4) Costs for extended warranties, Credit Life Insurance, Health, Ac- e. This coverage does not apply while cident or Insurance there are spare or reserve autos avail- Disability pur- able chased with the loan or lease; and to you for your operations. (5) Carry-over balances from previous f. If /oss results from the total theft of a loans or leases. covered auto to which this extension applies, we will pay under this 3. Hired Auto coverage Physical Damage Coverage only that amount of your rental reim- If hired autos are covered autos for Liability bursement expenses which is not al- Coverage, then the Physical Damage Cov- ready provided for under the Physical erages provided under this Coverage Form Damage Coverage Extensions. for own are any auto you extended to autos g. The Rental Reimbursement Coverage of the private passenger or light truck type described above does not to a cov- which rent apply you lease, hire, or borrow for a ered auto that is described or designated period of 30 days or less, subject to the as a covered auto on Rental Reimburse- following limit. ment Coverage Form CA-9923F. The most we will pay under this extension is 5. Fire Extinguisher the lesser of the actual cash value, the cost of Recharge We will the actual cost of or repair or $50,000, minus a deductible. The pay recharging deductible will be equal to the largest deduct- replacing, whichever is less, fire extinguishers in ible applicable to any owned auto of the pri- kept your covered auto that are inten- in an vate passenger or #ght truck type for that tionally discharged attempt to extin- coverage. Subject to the above limit, deduct- guish a fire. ible and excess provisions, we will provide 6. Rental Reimbursement, Business Income coverage equai to the broadest coverage ap- and Extra Expense Coverage plicable to any covered auto you own of the Limits private passenger or light truck type. The most we will for all /oss for each 4. Rental Reimbursement for Pri- pay Coverage covered auto involved in any one accident for vate Passenger Vehicles or Light Trucks Rental Reimbursement, Business Income a. This coverage applies only to a covered and Extra Expense combined is $10,000. auto of the private passenger or #ght truck type. Coverage a. Rental Reimbursement Coverage b. We will pay for rental reimbursement expenses incurred by you for the rental (1) We will pay for expenses incurred of an auto because of a covered /oss to by you during the period of restora- an auto to which this extension applies. Non for the rental of an auto made Payment applies in addition to the oth- necessary because of a covered erwise applicable amount of each cov- /oss to a covered auto used in your erage you have on a covered auto. No business. The loss must be caused deductibles apply to this coverage. by a cause of loss covered under item Al of Cov- c. We will for those in- Physical Damage pay only expenses erage in this Coverage Part. curred during the policy period beginning 24 hours after the /oss and ending, re- (2) This Rental Reimbursement Cover- gardless of the policy's expiration, with age does not apply to a covered the lesser ofthe following number ofdays: auto of the private passenger or

(continued next page) light truck type because coverage f. We will not pay for loss or expenses for these vehicles is provided in caused by suspension, lapse or can- item 4 of this endorsement. cellation of any license, lease or con- b. Business Income and Extra Expense tract. But if the suspension, lapse or Coverage cancellation is directly caused by the suspension of your business, we will Business Income (1) Coverage cover such loss that affects your busi- (a) Actual Loss Sustained Cover- ness income. age - We will pay the actual g. We will pay for expenses you incur to loss of business income sus- reduce the amount that would other- tained by you as the result of wise have been under this cov- the of payable necessary suspension erage. We will not pay more than the your business during the pe- amount by which you actually reduce riod of restoration due to a the business income loss or extra ex- /oss to a covered auto used in pense incurred. your business. The loss must 7. Fuel in Vehicle be caused by a cause of loss Coverage covered under item Al of We will also pay, with respect to a covered Physical Damage Coverage in /oss, the actual loss sustained for the loss this Coverage Part. to the fuel used to operate your vehicle but (b) Specified Amount per Day only with respect to a covered auto. You

- must At your we provide documentation supporting Coverage option, for will pay up to $250 per day for your claim damages. a maximum of seven days Deductible of during the period restora- A deductible to this Refer Non for income loss. The /oss applies coverage. to paragraph N Deductible Applicable to must be caused by a cause of Fuel in Miscellaneous loss Al Vehicle, Equipment covered under item of Used With Covered Vehicle and in Coverages, Physical Damage Coverage Electronic Logging Devices or Electronic this Coverage Part. On-Board Recorders Coverages. (2) Extra Expense Coverage 8. Miscellaneous Equipment Used With We will pay the necessary and rea- Covered Vehicle Coverage sonable extra that in- expenses you We will also pay, with to a covered cur the of restoration respect during period the actual cash cost or that /oss, value, repair you would not have incurred cost, whichever is less, for /oss there been no a replacement had /oss to cov- to misce#aneous but ered auto used in business. your equipment only your with respect to a covered auto. The loss must be caused by a cause of loss covered under item Exclusions Al of Physical Damage Coverage We will not pay for loss caused by: in this Coverage Part. a. Theft, unless there are visible signs or Conditions marks of forcible entry into the covered a. Any payment for Business Income auto and the theft is reported to law made under Specified Amount per Day enforcement authorities; or Coverage reduces the payment we b. Mysterious disappearance. make under any other coverages listed in extension 6. Deductible A deductible to this Refer b. No other deductible applies to these applies coverage. to paragraph N Deductible Applicable to coverages. Fuel in Vehicle, Miscellaneous Equipment c. We will not pay under these coverages Used With Covered Vehicle Coverages, and if you do not repair or replace the cov- Electronic Logging Devices or Electronic ered auto. On-Board Recorders Coverages. d. You must resume all or part of your 9. Electronic Logging Devices or Electronic business as quickly as possible. On-Board Recorders e. If you have other autos you can use to We will also pay, with respect to a covered reduce the amount of loss payable un- /oss, up to $3,000 for the actual loss sus- der these coverages, you are required tained to an electronic on-board recorder or to use them. electronic logging device permanently in-

(continued next page) stalled in the auto but only with respect to a K. Waiver of Subrogatior, for Written Contracts covered auto. The following is added to the Transfer of Rights Deductible of Recovery Against Others to Us Condition: A deductible applies to this coverage. Refer We waive any of recovery we may have to right to paragraph N Deductible Applicable against a person or organization because of Fuel in Vehicle, Miscellaneous Equipment we make for injury or property Vehicle and payments bodily Used With Covered Coverages, damage arising out of your use of a covered Electronic Logging Devices or Electronic auto which occurs while under a contract with for further On-Board Recorders Coverages that person or organization. The waiver applies information. only to a person or organization with whom you I. Deductible Provision have a written contract or agreement requiring of under this D, Deductible of Section Ill - Phys- you to waive the right recovery Paragraph The written or must ical in the Business Auto policy. contract agreement Damage Coverage to caus- Form and D, Deductible of have been executed prior the accident Coverage paragraph or Section IV - Physical Damage Coverage in the ing bodily injury property damage. Motor Carrier Coverage Form are replaced by L. Worldwide Coverage Territory for Hired the following: Autos 1. For each covered auto, our obligation to The following is added to paragraph 87 of Sec- pay for, repair, return or replace damaged tion IV - Business Auto Conditions in the Busi- or stolen property will be reduced by the ness Auto Coverage Form and to paragraph 87 applicable deductible shown in the Declara- of Section V - Motor Carrier Conditions in the tions. Any Comprehensive Coverage de- Motor Carrier Coverage Form: ductible shown in the Declarations does not With respect to autos hired for 30 days or less, apply to /oss caused by fire or lightning. the coverage territory is extended to include all 2. For combinations of tractor, truck, semi- parts of the world if the insured's responsibility trailer or trailers when attached together by to pay damages is determined in a suit in the coupling devices at the time of /oss, one United States of America (including its territor- deductible will apply. ies and possessions), Puerto Rico or Canada or in a settlement we to. a. If more than one auto of the combina- agree tion is damaged or stolen, the largest M. Mental Anguish Coverage applicable deductible shown in the Dec- The Definition of bodily injury is amended to larations will apply. include mental anguish. b. If only one auto of the combination is N. Deductible Applicable to Fuel in Vehicle, damaged or stolen, the deductible Miscellaneous Equipment Used With Cov- shown in the Declarations for that auto ered Vehicle Coverages and Electronic Log- will apply. ging Devices or Electronic On-Board Re- 3. The deductibles will not apply to loss corders caused by a collision of a covered auto with 1. If /oss to property covered by these exten- any other auto insured by us. sions is the result of a loss to the covered 4. If the insured chooses to have a damaged auto under this Coverage Form's Compre- windshield or other glass repaired instead hensive or Collision Coverage, then for of replaced, no deductible will apply to the each covered auto our obligation to pay for, loss. repair, return or replace damaged or stolen will be reduced the J. of Claim or Suit property by applicable Knowledge deductible shown in the Declarations. Any The following is added to the Duties in the Comprehensive Coverage deductible shown Event of Accident, Claim, Suit or Loss Con- in the Declarations does not apply to /oss to dition: property covered by an extension caused Knowledge of an accident, claim, suit or loss by fire or lightning. by an agent or emp/oyee of any insured shall 2. If /oss to property covered by these exten- not in itself constitute knowledge of the insured sions is the result of a /oss to the covered unless your partners, executive officers, direc- auto under this Coverage Form's Specified tors, managers, members or a person who has Causes of Loss Coverage, then for each cov- been designated by them to receive reports of ered auto our obligation to pay for, repair, accidents, claims, suits or loss shall have re- return or replace damaged or stolen property ceived such notice from the agent or employee. will be reduced by a $100 deductible.

(continued next page) 3. In the event that there is more than one 5. "Period of restoratiorf means the period of applicable deductible, only the highest de- time that: ductible will In no event will more apply. a. Begins: than one deductible apply. (1) Twenty-four hours after the time of O. Coverage Extensions Definitions /oss for Rental Reimbursement 1. "Business income" means the: Coverage or Business Income Cov- a. Net income (Net profit or loss before erage; or income taxes) that would have been (2) Immediately after the time of loss earned or incurred if no /oss would for Extra Expense Coverage; and have occurred; and b. Ends at the earliest of: b. normal Continuing operating expenses The time to resume incurred, (1) required your including payroll. normal business operations; or " 2. Extra means those expense" expenses you (2) The time that is reasonably neces- incur to avoid or minimize the of suspension sary to repair or replace the cov- business and to continue your business op- ered auto. erations. Period of restoration does not include any 3. truck" means a truck with a "Light gross increased period required due to the en- vehicle of 10,000 or less. weight pounds forcement of any ordinance or law that re- 4. "Miscellaneous equipment" means hand quires any insured or others to test for, trucks, dollies, pallets, pads, covers, bind- monitor, clean up, remove, contain, treat, ers, tarps, tie-downs, chains and other simi- detoxify or neutralize or in any way respond lar equipment used in the handling of prop- to or assess the effects of pollutants. erty being transported. The expiration date of this policy will not cut short the period of restoration. CD pl ARIZONA STATUTORY PERFORMANCE BOND FOR CONSTRUCTION PURSUANT TO TITLES 28, 34, AND 41, ARIZONA REVISED STATUTES (Penalty of this bond must be 100% of the Contract Amount)

Project # 18-4140 Bond No. NAZ1649

KNOW ALL MEN BY THESE PRESENTS

That, Sunline Contracting, LLC (hereinafter called Principal), as Principal, and Merchants National Bonding, Inc. (hereinafter Surety), a corporation organized and existing under the laws of the State of [owa with its principal office in the City of Des Moines holding a certificate of authority to transact surety business in Arizona issued by the Director of Insurance pursuant to Title 20, Chapter 2, Article 1, as Surety, are held and firmly bound unto City of Goodyear (hereinafter Obligee) in the amount of One Hundred Fifty Thousand and no/100 Dollars ($150,000.00 ), for the payment whereof, 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 9th day of 18 as April , 20 . to construct and complete certain work described

Paving Marking Services - Installation/Removal - annual contract Bond term: April 9, 2018 to April 8, 2019 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 said Principal faithfully performs and fulfills all the undertakings, covenants, terms, conditions, and agreements of the contract during the original term of the contract and any extension of the contract, with or without notice of the Surety, and during the life of any guaranty required under the contract, and also performs and futfills all the undertakings, covenants, terms, conditions, and agreements of all duly authorized modiñcations of the contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, the above 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 2, Article 2, Arizona Revised Statutes, and all liabilities ort this bond shall be determined in accordance with the provisions of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the same extent as if it were copied at length in this agreement. The prevailing party in suit on this bond shall recover as a part of his judgment such reasonable attorney fees that may be ñxed by a judge of the court.

our 9th 18 Witness hands this day of April , 20 Sunline Contracting, LLC Merchants National Bonding, Inc. min*laL__~__ (Seal) Surety (Seal)

Jeri i#nn Thompsbfi Attaney-in-Fact Title: PRESV Agency of Record: Crest Insurance Group 7272 E. Indian School Road #375 Scottsdale, AZ 85251 480-689-5295

Approved by Arizona Oepaftnient of Administration - Elective 9/30/92 A/t-ERCHAN[T~ BONDING COMPANY.. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of towa (herein collectively called the 'Companies') do hereby make, constitute and appoint, individually, Filiberto J Islas; Heather J Perrin; Jeri Lynn Thompson; Margie Wager, Maria R Lucero; Melody J Stockton; Michael J Mesenbrink

their true and lawful Attorney

24- :. ..,~9.N,£ 0.ft

In Witness V\,hereof, I have hereunto set my hand and affixed the seal of the Companies on thi.!Mh day of April .2018 ...... '0319.N,£ ..S\,R.942.. 24 . ¢a#i :*ÁÞ 41~!ý. 2'7, iæiš -o- .:ldr-IW'TPOZ/'*...' Ã12-, 41-, h*P°43: ~ :z- 94 E=E 4: Secretary 2003 ..1*... 1933 :e: ./: Áøf .V•

, .>2...... POA 0018 (3/17) ARIZONA STATUTORY PAYMENT BOND FOR CONSTRUCTION PURSUANTTO TITLES 28, 34, AND 41, ARIZONA REVISED STATUTES (penalty of this bond must be 100% of the Contract Amount)

Project# 18-4140 Bond No. NAZ1649

KNOW ALL MEN BY THESE PRESENTS

That, Sunline Contracting. LLC (hereinafter called Principal), as Principal, and Merchants National Bonding, Inc. (hereinafter Surety), a corporation organized and existing under the laws of the State of Iowa with its principal ofñce in the City of Des Moines holding a certificate of authority to transact surety business in Arizona issued by the Director of Insurance pursuant to Title 20, Chapter 2, Artide 1, as Surely, are held and firmly bound unto City of Goodyear (hereinafter Obligee) in the amount of One Hundred Fifty Thousand and no/100 Dollars ( $150,000.00 ), for the payment whereof, Principal and Surety bind themselves, and their heirs, administrators, executors: successors and assigns, jointly and severaily, firmly by these presents.

WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 9th day of April , 20 18 , to construct and complete certain work described as Paving Marking Services - Installation/Removal - annual contract Bond term: April 9, 2018 to April 8, 2019 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 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 above 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 2, Article 2, Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of Titte 34, Chapter 2, Article 2, Arizona Revised Statutes, to the same extent as if it were copied at length in this agreement. The prevailing party in suit on this bond shall recover as a part of his judgment such reasonable attorney fees that may be fixed by a judge of the court Witness our hands this 9th day of April *20 18 Sunline Contracting, LLC Merchants National Bondina. Inc. Principal (Seal) Surth (Seai) Bv /UI+L,\ er.Vk~~J' 'ì (j \ /Jbri/W<< Title: U Lynbšffiompsahttorÿ~y-in-Fact Agency of Record: Crest Insurance Group 7272 E. Indian School Road #375 Scottsdale, AZ 85251 480-689-5295

Approved by Arizona Departnent of Admínistration - Effecüve 9/30/92 AAERCHANT~ BONDING COMPANY™ POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the Slate of Iowa (herein collectively called the Companies") do hereby make. constitute and appoint, individually, Filiberto J Islas; Heather J Perrin; Jeri Lynn Thompson: Margie Wager: Mafia R Lucero; Melody J Stockton: Michael J Mesenbrink

their true and lawful Attorney

InWitness Whereof, the Companies have caused this instrument to be signed and sealed this 31 st day of May , 2017 ...... * .ON-L # *:00'R.Ë.9;Ä: MERCHANTS BONDING COMPANY (MUTUAL) /4'¢*PÖ;Qýý~$: : %:O.Nî¿ßPO,~;.*Ç.0 MERCHANTS NATIONAL BONDING, INC. -0: rl. . 00:,/ -o- :2: .Z: ~"9~· - '6: Èfi :0.. 2003 i0: :*... 1933 ,· e~ By President ., STATE OF IOWA ...... COUNTY OF DALLAS ss. me to me On this this 31st day of May 2017 , before appeared Larry Taylor, personally known. who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seais affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by aulhority of their respective Boards of Directors. WA¿ A AUCIA K. GRAM o A Ç Commission Number 767430 . i~9 . My Commission Expires /ow, April 1,2020 Ùkü.L- k- C- Notary Public (Expiratlonof nota,y's commission does not invalidate this instrument) I. William Warner, Jr.. Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Wkness Miheíeof, I have hereunto set my hand and affixed the seal ofthe Companies on this 9th day of April ,2018 ... 04. /5,3·@.p 42.ÝÇX EZE..:Köa..2~ Eæí/S 4- Yd~1 15.:~,~ :æ: .&. · øžš-«~*, 1933 e: Secretary %0-: 2003 ..tpý : *t, *·.·-·..· ...... ·ife· POA 0018 (3/17) ITEM 8. C.

TOWN OF FOUNTAIN HILLS

STAFF REPORT

Meeting Date: 03/16/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: James Smith, Economic Development Director Staff Contact Information: Justin Weldy, Public Works Director

Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving budget transfers and expenditures related to the installation of two (2) electric vehicle charging stations – one at the civic center complex and one at Fountain Park – and to apply for a rebate from Salt River Project (SRP) in the amount of $22,000.

Staff Summary (Background) In the past month Town staff was made aware of a new, enhanced rebate program from Salt River Project (SRP) for governments, schools and nonprofits that allows rebates up to $11,000 for the typical charging station unit ($5,500 per port). This is a significant increase from previous programs which only provided funding of $1,500 per port. The SRP program requires that the units be installed prior to April 30, 2021, and that necessary documentation be submitted by July 31, 2021. In past years, staff had determined that these charging stations were not economically feasible, as the costs to install the units and perform necessary electrical engineering and concrete work were cost prohibitive.

Based upon this information, staff contacted ChargePoint, a company which has installed many of these units throughout the Phoenix area. Staff wishes to proceed with the installation of two (2) electric vehicle charging stations in the Town following Town Council input on the project.

Motive Energy Telecommunications submitted a proposal for the purchase and installation of two (2) ChargePoint dual port charging stations – one at the civic center campus and one at Fountain Park. The proposal also includes a one-year service plan and the initial activation and configuration service. The total cost of the equipment and one-year service plan is $15,534.80.

In addition, staff has identified electrical engineering ($10,000) and concrete work ($18,650) in the amount of $28,650, which is necessary to make the selected locations ready for the equipment installation. The total cost to the Town to make the sites ready and purchase and install the equipment is $44,185. The anticipated SRP rebate would be $22,000, reducing the Town’s total outlay for the two units to $22,185 or approximately half of the entire project cost.

The charging stations will be using the ChargePoint network which operates a nationwide charging system. Under the ChargePoint network, people wishing to charge their vehicles will pay ChargePoint for the electricity by using an App on their smartphone. The town will own the charging units and will pay for the electricity necessary to power them. The town will enter into an agreement with ChargePoint for the maintenance and operation of the units and the operating system, as well as a revenue sharing plan in which 90% of the revenues will go to the town and 10% will go to ChargePoint. These revenues will offset the cost of the power used by the chargers. In addition, the town retains the right to sell advertising on the charging units, including the ability to have short video displays.

Over the next month, staff will research how other local municipalities are recovering costs related to charging stations. Given that fees can only be charged to recover actual expenses incurred by the Town, the associated fees would be established based on the costs to provide this service. That would include utility costs, equipment costs, and staff costs related to maintenance and administration. Once these costs are determined, the recommended fees will be presented to the Council. If it is the consensus of Council to move forward with the recommended fees, staff will begin the required process to implement the fees into the Comprehensive User Fee Schedule. This process includes a 60-day public notice and possibly a public hearing. During this notification period, if the chargers are operational and Council directs, the Town could provide the service without cost to the users until the new fees are implemented.

Risk Analysis If the Town does not proceed with this project while the enhanced SRP rebates are available, it is unlikely that they will be installed at an economically feasible cost in the near future.

Recommendation(s) by Board(s) or Commission(s) The Strategic Planning Advisory Commission had recommended in the 2017 Strategic Plan for the town to explore the feasibility of installing one or more charging stations for electric vehicles.

Staff Recommendation(s) Staff recommends approval of expenditures of $44,185 related to the installation of two (2) ChargePoint electric vehicle charging stations and to apply and receive a rebate totaling $22,000 from SRP.

Fiscal Impact Fiscal Impact: $44,185 Budget Reference: Funding Source: DEDAD If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Attachments SRP Program SRP Program Fact Sheet Motive Proposal Form Review Inbox Reviewed By Date Finance Director David Pock 03/04/2021 08:47 AM Town Attorney Aaron D. Arnson 03/04/2021 09:44 AM Town Manager Grady E. Miller 03/08/2021 04:38 PM Form Started By: James Smith Started On: 03/02/2021 01:29 PM Final Approval Date: 03/08/2021 BUSINESS EV CHARGING PROGRAM TERMS AND CONDITIONS

Important: This form is to be read, signed, and submitted within the (“Effective Period”) by July 31, 2021 for installations of qualified equipment installed between May 1, 2020 and April 30, 2021. Salt River Project offers the SRP Business Electric Vehicle Charging Program (“EV Program”) to provide customers with rebates to facilitate the installation of qualifying equipment or electrical infrastructure. The following terms and conditions apply to the program: 1. SRP has contracted ICF Resources L.L.C. (“ICF”) to act as the Program Administrator and authorizes ICF to administer the EV Program including such activities, but not limited to; review, processing, and approval of customer applications; pre and post inspections of customer facilities and project information requests from customer; measurement and verification activities; and issuing rebate checks. 2. Funds are limited and EV Program applications are accepted on a first-come, first-served basis and must be submitted during the Effective Period. Rebates are limited to 50 charging ports per customer per program year. 3. SRP allows customers to participate in multiple programs subject to an annual rebate cap, which is the maximum rebate amount a customer is eligible to be paid for the program year. For the current Effective Period, the rebate cap is $300,000 per customer for all SRP Business Solutions programs in aggregate. A customer is defined as a holder of a single account, multiple accounts in aggregate or corporate accounts. For purposes of rebate caps, a customer who is the holder of multiple accounts or corporate accounts with a single SRP customer identification number will be considered a single customer. 4. Rebates pursuant to participation in the EV Program may result in taxable income to the Customer, even if Customer does not directly receive a payment. Customer should consult his or her own tax advisor with respect to the tax treatment of rebates provided pursuant to participation in the EV Program. 5. The SRP EV Program website describes the customer and equipment eligibility requirements, rebate information, and program participation process for customers participating in the EV Program. Customer must read and comply with the conditions outlined on this application and the current program website at savewithsrpbiz.com/ev incorporated herein by reference. 6. To be eligible for rebates through the EV Program, the participant must: a. Be a current SRP non-residential electric customer. b. Submit a completed EV Rebate Application and any supplemental documentation that may be requested to verify eligibility. c. Purchase and install qualifying equipment at the Customer’s Account Service Address listed on this application. d. Abide by the program rules, eligibility requirements, and rebate levels in effect at the date of equipment installation. e. Submit to the program a properly completed Form W-9 if the Customer’s tax status is one of the following: Sole Proprietor / Individual; Partnership; Trust/Estate; or L.L.C. / Partnership. 7. Customer is solely responsible for the selection of equipment or infrastructure to be installed or implemented and for the selection of a third-party service provider (“Customer Contractor”) to complete the installation and implementation of any equipment or measures. SRP and ICF make no representations and provide no warranty or guaranty with respect to the design, manufacture, construction, safety, performance or effectiveness of the newly installed equipment, including any warranties of merchantability or fitness for a particular purpose. Responsibility for delivery and workmanship related to any equipment or services the customer procures exclusively rests with the contractor or retailer selected by the customer. SRP and ICF assume no responsibility for oversight of contractor services or for any claims the Customer might have against the Customer Contractor, the manufacturer, or the retailer with regard to the energy efficiency services or measures implemented under the EV Program. 8. Customer hereby authorizes and acknowledges that SRP may disclose Customer’s information relating to a Customer Application (including the entirety of its contents), and any other information related to the Customer’s participation in the Program to ICF and Trade Allies, as applicable, and any other third party utilized by SRP for the purposes of processing the Customer’s Application, to verify or audit program records or system installation, operation and results, or as required to comply with state and/or federal law, fraud prevention, regulation, and other legal action. In those cases, SRP, ICF, and authorized third parties shall comply with all legal requirements of the jurisdiction of the individual whose Customer data would be disclosed before making such disclosure.

SRP Business Solutions – Business Electric Vehicle Charging 04/2020 1 9. SRP reserves the right to inspect each EV charger port and network connectivity to verify compliance with these Program Terms. If SRP chooses to inspect an EV charger port, SRP will contact the Customer to schedule the inspection. By signing and submitting the Rebate Application, the Customer agrees to provide SRP and its subcontractors with reasonable access to the installation site during normal business hours. Customer consents to allow SRP or ICF access for usage data via the charging network. 10. In exchange for any approved equipment and/or service rebates for energy efficiency measures, the Customer hereby sells transfers and conveys to SRP all Environmental Attributes and Environmental Attributes Reporting Rights, as such terms are defined below, associated with the energy savings attributable to the qualifying measure(s) or its operation. “Environmental Attributes” means those aspects, claims, characteristics and benefits of avoided energy use associated with the measure(s), as well as any and all fuel, emissions, air quality, or other environmental characteristics, including, but not limited to, white and green energy tags, renewable energy credits, energy efficiency credits, carbon credits, or certificates attributable to the energy savings or avoided use associated with the qualifying measure(s). “Environmental Attributes Reporting Rights” means all rights to report ownership of the Environmental Attributes to any person or entity under Section 1605(b) of the Energy Policy Act of 1992, any successor or replacement statutes, or otherwise. 11. As a convenience to Customers, SRP provides a list of contractors, distributors, manufacturers, and other organizations (“Trade Allies”) who may assist Customers with SRP programs. Customer acknowledges that Trade Allies are independent contractors with respect to the Program, and that Trade Allies are not authorized to make representations or incur obligations on behalf of SRP without prior approval. Participation in the Program as a Trade Ally does not constitute an endorsement by SRP, nor does it certify or guarantee the quality of work performed. 12. Any person who knowingly files an application containing any materially false information or who purposely or misleadingly conceals information subjects such person to criminal and civil penalties. Any and all funds determined to have been acquired on the basis of inaccurate or fraudulent information must be returned to SRP. Any customer found to be engaged in fraudulent activity or misrepresentation of any kind will be removed from the EV Program. This section shall not limit other remedies that may be available for the filing of a false or fraudulent application, including, but not limited to, referral to law enforcement authorities. 13. Notwithstanding anything in these Terms and Conditions to the contrary, in no event will SRP, ICF, or their agents, consultants or subcontractors be liable hereunder for any type of damages, whether indirect, special, incidental, consequential, exemplary, reliance or punitive (even if advised of the possibility of such damages), including, without limitation, loss of use or loss of profits, whether in contract, indemnity, warranty, strict liability or tort, including negligence of any kind. Customer waives any claims it might have against SRP or ICF. 14. Customer, at its own expense, is responsible for meeting all requirements and complying with all local and state laws and codes concerning the EV Program, including without limitation, the installation and maintenance of eligible equipment. Customer shall, at its own expense, obtain and maintain licenses and permits needed to install eligible equipment. Failure to obtain and maintain necessary licenses and permits constitutes a material breach of Customer’s obligations under these Terms and Conditions. 15. SRP, ICF, or their respective agents, consultants, and subcontractors shall not have any responsibility for the discovery, presence, handling, removal, or disposal of or exposure of persons to hazardous materials of any kind in connection with Customer's facility, including without limitation, asbestos, asbestos products, PCBs, or other toxic substances. 16. The terms and conditions set forth herein constitute a complete statement of the Terms and Conditions applicable to this promotion, and supersede all prior representations or understandings, whether written or oral. SRP shall not be bound by or be liable for any statement, representation, promise, inducement or understanding of any kind that is not set forth herein. SRP reserves the right to change or cancel this promotion or its terms and conditions at any time. Signature and Certification I certify that the equipment described in this rebate application has been installed at the service address indicated. I agree to the terms and conditions stated in this application.

Signature Name (Printed) Date

Service Address of Equipment

SRP Business Solutions – Business Electric Vehicle Charging 04/2020 2 SRP BUSINESS SOLUTIONS EV CHARGING REBATES Effective FY21 (May 1, 2020–April 30, 2021)

POWER YOUR PARKING WHAT QUALIFIES?

Many of your employees and tenants may drive an electric Hardware Requirements vehicle (EV) or may be considering driving one in the future. ––Commercial-grade Level 2 EV charging stations As an SRP business customer, you can cater to this rapidly ––An output current of at least 20 amps per port minimum growing market through SRP’s EV charging rebate at 208/240 volts program. SRP business customers can receive rebates of $1,500 per port and government, schools and non-profits ––A charge connector compliant with SAE J1772 can receive $5,500 per port for networked Level 2 EV ––EVSE is UL listed charging stations. ––Must comply with local building codes Rebates will be limited to 50 charging ports per customer Software and Network Requirements per program year. ––Charging stations equipped with software to control, operate, communicate, diagnose and capture data BENEFITS ––Network services, provided by the supplier, that are capable of tracking usage, collecting data, billing For Employers and Workplaces: customers and managing electrical loads ––Position your organization as a leader in sustainability and ––Software certified to receive an OpenADR 2.0b signal innovation, and advance your own sustainability goals. ––Recruit and retain employees with attractive EV charging benefits. ––Improve work-life balance and productivity for employees with EVs, who often have a more convenient commute. ––Support cleaner employee transportation choices.

For Multifamily Properties and Homeowner Associations: ––Increase property value and potentially improve occupancy by having EV chargers, a desirable amenity for environmentally conscious residents. ––Increase your revenue potential for this added amenity by charging a fee for use. ––Support cleaner resident transportation choices.

For Commercial Property Owners, Managers and Developers: ––Increase property value and desirability by having EV chargers, a key marketing differentiator. ––Increase your revenue potential for this added amenity by charging a fee for use. ––Support cleaner tenant transportation choices. ELIGIBILITY 3. Purchase and install the new, eligible equipment. Only a licensed professional complying with all Current SRP retail electric customers enrolled in any applicable laws should install the equipment. general, non-residential SRP Standard Electric Price Plan 4. Complete and submit the rebate application online are eligible. The program specifically encourages charger at tradeally.srpnet.com or savewithsrpbiz.com/ev installations at workplace, public, multifamily and fleet or request a PDF application by email to properties, including new construction projects. The parking [email protected]. Include a dated copy spots must be accessible to employees, residents or tenants of your sales receipt or invoice with the EV charger charging EVs approved for highway use by the U.S. model number, purchase date and serial number with Department of Transportation. your application. 5. Upon approval, receive your rebate check. HOW TO PARTICIPATE For detailed program and eligibility requirements, visit 1. Work with your Trade Ally to consider installation savewithsrpbiz.com/ev. Rebate funds are limited and locations and determine electrical needs. available on a first-come, first-served basis. For more 2. Before making a purchase, visit savewithsrpbiz.com/ev information or to check the availability of funds, contact for a list of qualified smart chargers and hardware and the program administrator at [email protected] software requirements. or call (602) 236-3065.

SRP BUSINESS SOLUTIONS

SRP is committed to helping you save energy and Find the best rebate program for your business at money. We offer a rebate program for every size savewithsrpbiz.com/rebates. and type of business.

––Standard Business Solutions ––Small Business Solutions ––Custom Business Solutions ––Electric Technology Solutions

CCM210010-001 5/20 Motive Energy Telecommunications 601 S Madison Drive Tempe, AZ 85251 ChargePoint Installation Only (602) 819-3505 and Equipment Quote

2/4/2021

Bill To: Town of Fountain Hills Site Address: Town of Fountain Hills Community Center Attention: James Smith 13001 N La Montana Drive 16705 E. Avenue of the Fountains Rotary Centennial Park Fountain Hills, AZ 85268 12625 N Saguaro Blvd 480-359-7350 Fountain Hills, AZ 85268 [email protected] ItemDescription Qty UOM Price Total

Installation of Two (2) ChargePoint CT4021-GW1, Dual Connector Pedestal 1 1Lot$ 2,400.00 $ 2,400.00 Mount Charging Stations, Testing and Programming.

Note: All conduit, wire, conductors, breakers, permitting and ADA considerations are to be supplied by The Town of Fountain Hills.

Total Installation and Labor $ 2,400.00

Dual Output Gateway Option, Pedestal Mount Station - 2 CT4021-GW1 2 Lot$ 5,624.40 $ 11,248.80 208/240V @30A with Cord Management and 18' Cord.

3 CT4001-CCM Bollard Concrete Mounting Kit. Bolts 2 Lot$ 85.00 $ 170.00

1-year Pre-Paid Commercial Network Service Plan. Includes 24x7x365 Driver support, access control, 3 CPCLD-COMM - 1 general reporting, payment processing and reservations 2 Lot$ 329.00 $ 658.00 *** per port per year. Initial Station Activation & Configuration service includes activation of cloud services and configuration of radio CPSSUPPORT- 4 groups, customer groups, connections, access control, 2 Lot$ 349.00 $ 698.00 ACTIVE pricing, reports and alerts. One-time initial service per station. CT4000 Power Management Kit. Allows both ports on a dual port station to share a single 40A circuit (Power 5 CT4000-PMGMT 2 Lot$ 50.00 $ 100.00 Share). Also allows a CT4000 to be set up to operate at a lower current (Power Select).

Total Equipment and Services Sub Total$ 12,874.80

Exclusions / Qualifications: Subtotal$ 15,274.80 Bid based prior to receipt of city approved CDs Bid does not include permit fees. Tax TBD Alternate add for signs - $375 Each Shipping$ 260.00 Alternate add for bollards - $585.00 Each Total$ 15,534.80

Town of Fountain Hills

By:______Date:______

Name:______

Title:______ITEM 8. D.

TOWN OF FOUNTAIN HILLS

STAFF REPORT

Meeting Date: 03/16/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information:

Request to Town Council Regular Meeting (Agenda Language): DISCUSSION WITH POSSIBLE CONSIDERATION relating to any item included in the League of Arizona Cities and Towns’ weekly Legislative Bulletin(s) or relating to any action proposed or pending before the State Legislature.

Staff Summary (Background) This is a regularly recurring agenda item on the Town Council agenda during the legislative session. The goal of this agenda item is to obtain consensus from the Mayor and Council on legislative bills and to provide direction, if any, to staff to communicate the Town's position on the bills. Each Council meeting the Legislative Bulletin will be attached to the Town Council agenda which will include legislative analyses of the bills and their impacts on municipalities. The Mayor and Council will have an opportunity to review the bills that are under consideration in the Arizona State Legislature and provide direction on supporting or opposing the bills. The Mayor and Council may also bring up other bills of interest to the Town of Fountain Hills for discussion that are not listed in the Legislative Bulletin.

Risk Analysis N/A

Recommendation(s) by Board(s) or Commission(s) N/A

Staff Recommendation(s) N/A SUGGESTED MOTION MOVE to provide staff direction on one or more bills being considered by the State Legislature.

Attachments 2021 Legislative Status Report Issue 7 Issue 8 Form Review Inbox Reviewed By Date Town Manager Grady E. Miller 03/08/2021 04:39 PM Form Started By: Elizabeth A. Burke Started On: 03/08/2021 08:31 AM Final Approval Date: 03/08/2021 Proposed Bills in 2021 Legislative Session Impacting Fountain Hills

Town Council Bill Number Bill Short-Title Position Comments/Status Update HB 2623 Local Regulation of Fireworks SUPPORT This bill would allow cities to regulate end times of fireworks (Senate Commerce Committee meeting on 3/10) HB 2804 Limiting Use of Executive OPPOSE If passed, this bill would prohibit executive sessions for legal advice on Session to Only Proscribed topics not covered under the 8 topics currently listed in Open Meeting Open Meeting Law Exception Laws; this would be very impactful to governing bodies like Councils, school boards, and other public bodies (Referred to Senate Gov. Committee on 3/8) HB 2551 Misconduct involving weapons; Council voted 4-3 This would only allow cities to prohibit concealed weapons in public public places to oppose buildings if metal detectors and security are in place (3/2 Referred to Senate Judiciary Comm.) HB 2211 Prime Contracting OPPOSE This bill would have changed construction sales tax being determined based on where materials are purchased instead of location of construction; this would have harmed cities (2/17 Held in House Ways and Means Comm.) SCR1040 Personal Income Tax OPPOSE This bill would have been referred to voters to eliminate state personal income tax (Held in Sen. Finance Comm). HB 2716/2861 Building Permits OPPOSE Both bills are opposed by League and would cause issues in issuing permits; HB2861 does not allow cities to charge for permits more than cost of issuing permit (HB 2861 did not have the necessary support to pass the House and thus did not receive a vote). (3/3 House add'l COW approved HB 2716 with amend #4292 and flr amend #4676) HB 2685/2458/SB Consular IDs SUPPORT This law requires cities and towns to accept consular IDs as acceptable 1420 form of identification (HB 2685/2458 combined with SB 1420 and was adopted and Gov. signed into law on 3/5) SB 1687 Government Social Media OPPOSE This bill prohibits cities using social media to communicate with residents (2/16 from Senate trans-tech do pass) HB 2481 Short-Term Rental SUPPORT This bill provides additional tools such as zoning to allow cities and towns to regulate short-term rentals (2/11 from House Gov.-Elect with amend #4195) SB 1379 Short-Term Rentals OPPOSE An industry sponsored bill that doesn’t differentiate between short-term and long-term rentals; provides very little to address short-term rental issues (3/9 referred to House Com.)

March 9, 2021 Proposed Bills in 2021 Legislative Session Impacting Fountain Hills

SB 1333 Public Safety Budgets OPPOSE Any reduction in public safety budget would result in reduction of State Shared Revenues (2/16 from Senate Rules okay) HB 1252 Corporate Income Tax Phase OPPOSE This will phase out corporate income tax over the next several years and Out would negatively impact municipalities with a severe reduction in State Shared Revenues (3/3 passed Senate 16-14; ready for House) HB 2400 Official Meeting Postings SUPPORT This bill significantly streamlines the posting of meeting notices (3/9 from Senate rules okay; 3/10 Senate Consent) SB 1409 Zoning Ordinances OPPOSE Proposes to require impact statement for zoning amendments and cost analyses (3/9 referred to House Gov.-Elect )

March 9, 2021

Issue 7 – February 26, 2021

Legislative Update

Today is the 47th day of the legislative session. Yesterday marked the end of crossover week with both chambers holding lengthy floor sessions as they debated and voted on hundreds of bills. Next week, committees will begin hearing bills from the opposite chamber.

Marijuana Legislation

On Tuesday in the Senate Appropriations Committee, Senator David Gowan (R-Sierra Vista) introduced a striker amendment to SB 1121 marijuana; security; social equity licenses. The part of the amendment that is problematic for cities is section 5 which requires cities and towns to allow the location of a recreational marijuana business to an individual who has received a social equity license. This is problematic and in violation of the Arizona Constitution because it does not further the cause of Proposition 207 which allowed cities and towns to ban recreational marijuana establishments.

The League testified to our opposition and the fact that the bill violated the constitution. After the bill initially failed in committee on a 5-5 vote it was reconsidered later in the evening and passed 6-4.

The following day the Senate Rules Attorney concurred with our assessment that section 5 violated the Arizona Constitution, but the bill passed the Senate Rules Committee, nonetheless. The League will continue to lobby to ensure section 5 is removed from the bill.

Consular ID Card

Both the Senate and House acted on mirror consular ID card measures. On Wednesday, the Senate considered SB 1420 consular identification; validity; biometric verification, sponsored by Senator Boyer (R-Glendale) and passed the measure with a 20-10 vote. Later in the evening, the House considered SB1420’s mirror bill HB2458 sponsored by Representative Cook (R-Globe) in Committee of the Whole (COW) and made a motion to substitute the house bill for SB 1420. The chamber voted on the measure and sent it to the Governor with bipartisan support.

The measure now awaits action from the Governor. With the legislative session in full swing, the Governor has 5 days to act on the bill (sign or veto), or the measure becomes law without a signature. The League is appreciative of the sponsors’ work on this effort, as well as the work of legislators that have advocated for the acceptance of consular ID cards in past sessions. The League created a video to communicate our support for the bill and encourage the Governor to sign the legislation into law.

Civil Asset Forfeiture

On Wednesday, the House passed HB2810 civil asset forfeiture; conviction; procedures sponsored by Representative Travis Grantham (R-Gilbert) with bipartisan support (57-2-1). The measure makes substantial changes to forfeiture laws and makes it so that property subject to forfeiture must be traceable to an offense that resulted in a criminal conviction. The measure will affect law enforcement’s ability to seize the assets of criminal organizations that rely on their property or proceeds to continue their activities. Local law enforcement, the League, and counties among other organizations oppose the bill.

Failure to Return Vehicle

HB 2348 failure; return vehicle; offense; repeal repeals criminal charges for failure to return a vehicle. Current statute has the effect of requiring law enforcement to repossess leased vehicles if the lessee has a title loan or “pay day” loan attached to their vehicle and fails to make payments. Once a bank reports the vehicle as stolen, law enforcement is unable to differentiate whether a vehicle is actually stolen, or an individual has simply failed to continue making loan payments. The measure sponsored by Representative Daniel Hernandez (D-Tucson) repeals this section of statute and has received broad support by law enforcement and municipalities. HB2348 passed the House with unanimous support this week and now moves on to the Senate.

Fireworks

Representative Amish Shah’s (D-Phoenix) bill (HB2623) to allow local governments to place restrictions on the use of fireworks between 10pm and 8am passed the House with a 35-24 vote. Cities and towns have received many calls and complaints from constituents related to fireworks (noise, air quality). The measure does not require a city or town to place restrictions but makes that option available for the window of time outlined in the bill. This important measure provides cities and towns some local control and allows municipalities to be responsive to resident’s concerns.

Legislative Bill Monitoring

All bills being actively monitored by the League can be found here.

Issue 8 – March 5, 2021

Legislative Update

Today is the 54th day of the legislative session. This was the first week committees began hearing bills from the opposite chamber and have until March 26th for all bills to be heard in committee. With lighter committee agendas this week, both the House and Senate continued to have busy floor calendars as legislators worked to push remaining bills out of each chamber. Both the House and Senate considered over 130 bills in Committee of the Whole this week and voted on hundreds of measures.

Zoning Ordinances

The Senate this week held a debate and a floor vote for SB1409 zoning ordinances; property rights; costs. The bill originally would have required an impact statement for every zoning ordinance as a condition of approval, which would include the probable impacts to property rights, personal liberties and the cost of delivering housing to the market. The bill also included vague language prohibiting land use regulations that unreasonably increase the cost of housing, which could have prohibited certain requirements for developments that are considered standard in new construction. The League strongly opposed this measure as it would add unnecessary red tape to the zoning process, slow down housing development approvals, and likely would have led to increased zoning denials and litigation, among other reasons.

Senator Petersen (R-Gilbert) offered a floor amendment to the bill that removed most of the provisions, including the prohibition on land use regulations and the impact statement requirement. The bill will now only require cities and towns to consider impacts to cost of housing when adopting zoning ordinances. It passed the Senate on a party line vote (16-14) and will proceed to the House for committee assignment.

Permitting Bills

This week saw two bills related to permitting regulation in the House. First, HB2716: licensing; building permits; temporary permits sponsored by Representative Gail Griffin (R-Hereford). This bill would have required municipalities to provide building permits with seven days of review of construction documents. While most cities and towns do complete that review well within the seven-day timeframe the language does not consider issues such as the size of the city and their staffing or extenuating circumstances nor did it require builders pay impact fees before initiating construction. The bill was amended in the committee of the whole but ultimately did not have the support of a majority of House members and did not come up for a vote.

In addition, another permitting bill, HB2861: building permits; fees sponsored by Representative Steve Kaiser (R-Phoenix), also had the potential to see action this week. This bill would effectively require cities and towns to establish enterprise funds for their permitting department operations. Additionally, it would not have allowed for a city create a balance between high and low growth years by sending money between the general fund and the permitting department. We believe strongly HB2861 would’ve resulted in increased permitting costs that would ultimately be passed on to Arizona consumers.

HB2861 also did not have the necessary support to pass the House and thus did not receive a vote.

Noise Metering Devices

SB1502 public nuisance; noise; evidence and HB2618, its mirror bill in the house would require that noise ordinance violations be substantiated by a specific decibel meter by a law or code enforcement officer. Additionally, the bill stipulates that a public nuisance that interferes with the comfortable enjoyment of life or property must be intentional. The measures present several challenges for cities & towns as most law enforcement do not currently use decibel meters for noise violations. Additionally, not all noise metering devices detect bass – which would hinder municipalities’ ability to address noise complaints. Officers are currently able to exercise discretion as to whether to provide a warning or issue citations related to subsequent noise complaints. This measure removes that discretion and does not allow an officer to take other factors into consideration such as the time and nature of the nuisance.

The League opposed both measures in committee because it would be an unfunded mandate to cities and towns. Furthermore, to stipulate that a nuisance is only a nuisance if it intentional, sets an unreasonable standard to address any nuisance issues (not just those related to noise). SB1502 failed a Senate third read vote 14-16, but the sponsor has made a motion to have the Senate reconsider the vote at a later time. HB2618 was also considered by the House this week and passed 31-28. The League will continue to express our opposition to both these measures to legislators.

Public Postings

Earlier this week, the Senate Government Committee passed one of the League’s resolutions, HB2400 municipal ordinances; posting with a unanimous support. The bill makes changes to posting requirements for ordinances that have a fine or penalty associated with the ordinance to allow cities and towns to post the notice in one physical location instead of three locations within the municipality, on the city or town’s website, and any other additional notice as is reasonable. The measure does not make changes to existing requirements for publishing these notices in a paper of local circulation. The bill is scheduled for the rules committee on Monday and will move on to the Senate floor next.

Executive Session

HB2804 public meetings; executive sessions would limit the types of discussions that can take place during executive session between a public body and legal counsel. The League expressed concerns when the measure was heard in committee because the bill would have the effect of waiving client-attorney privilege for city and town councils. The measure passed out of the House this week on a party line vote. The sponsor of the measure however has agreed to work with stakeholders, including cities and towns to address our concerns and amend the bill in the Senate.

Legislative Bill Monitoring

All bills being actively monitored by the League can be found here.