HomeMy WebLinkAbout2021.0316.TCRM.Agenda.Packet'Vice Mayor David Spelich
Councilmember Gerry Friedel
Councilmember Sharron Grzybowski
NOTICE OF MEETING
REGULAR MEETING
FOUNTAIN HILLS TOWN COUNCIL
Mayor Ginny Dickey
Councilmember Alan Magazine
Councilmember Peggy McMahon
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
111allowed 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.govlpubliccomment 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.
Town Council Regular Meeting of March 16, 2021 2 of 4
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).
CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey
MOMENT OF SILENCE
ROLL CALL — Mayor Dickey
4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
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.
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.
Town Council Regular Meeting of March 16, 2021 3 of 4
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.
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 items) on a future agenda for action,
or (ii) directing staff to conduct further research and report back to the Council.
Town Council Regular Meeting of March 16, 2021
10. ADJOURNMENT
4of4
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 12021.
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 Recommendations)
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.
2021.0302.TCSM ES. M i n utes
2021.0302.TCRM . Minutes
Attachments
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
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
Town Council Special Meeting of March 2, 2021 2 of 2
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 Sheriffs 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.
Town Council Regular Meeting of March 2, 2021
Page 3 of 7
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.
None
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.
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?
Town Council Regular Meeting of March 2, 2021
Page 4 of 7
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
Town Council Regular Meeting of March 2, 2021
Page 5 of 7
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
Town Council Regular Meeting of March 2, 2021 Page 6 of 7
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. 1 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.
G:\Special Events\Liquor Apps\2021
Attachments
Form Review
Inbox
Reviewed By
Community Services Director
Rachael Goodwin
Finance Director
David Pock
Town Attorney
Aaron D. Arnson
Town Manager
Grady E. Miller
Form Started By: Linda Ayres
Final Approval Date: 02/24/2021
Date
02/24/202104:19 PM
02/24/202104:22 PM
02/24/202106:34 PM
02/24/202106:55 PM
Started On: 02/23/2021 10:09 AM
DLLC USE ONLY
rd Date:
IMPORTANT I
The Department of Uquor Ucenses an Controlmust Welve this application ten 1101 business days orlor to ftle event.
SECTION T Applicant must be a member of a qualifying nonprofit organization, political party, or Government entity and
authorized by an Officer, Director, or Chairperson of the Organization.
1. Applicant: Biloskirka Boris
Log Phi Mwdte Late of 5Wh
2. Applicant's mailing address: Fountain Hills AZ _ _ _ 86268 _
Street My State ZIP
3. Applicant's home/cell phone: (-) ` Applicant's business phone: {�)
4. Applicant's email address: bobl10369@9R1aILC0[Tl
SECTION 2 Name of Organization. Candidate or Political Party/Gov.: Fountain Hills VFW Post 7507 Veterans of Foreign Wars
AUM,¢,d,,a Non-Profit/IRS Tax Exempt Number: 501(C)19; 74-2514547
SECTION A Event Location: Fountain Hills Chamber Gaila
Event Address: 16837 E. Palisades Blvd., Fountain Hills, AZ
SgCTION 5 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days.
See A.R.S. § 4.244(15) and (17) for legal hours of service.
PLEASE FILL OUT A SEPARATE APPLICATION
FOR EACH "NON- N E
VE" DAY
Event
Event
Numbers of
Date Day of Week
Start Time
End Time
Attendees
AM/PM
AM/PM
(Each Day)
DAY 1: April 23, 2021 Friday
5:00 PM
9:OOPM
45
DAY 2:
DAY 3:
DAY 4:
DAY 5:
DAY 6:
DAY 7:
DAY 8.
DAY 9:
DAY 10-.
12/l/2020 Page 1 of 4
Individuals requiring ADA accommodations call (602)542-2999
JECTION 6 What type of security and control measures will you take to prevent violations of liquor laws at this event?
(Ust type and number of police/security personnel and type of fencing or control barriers, N applicable.)
0 Number of Police 2 Number of Security Personnel OFencing farriers -
Explanation: Event held within confines of Chamber property.
SECTION 7 Will this event be held on a currently licensed premise and within the already approved premises? ❑YesE]No
(if yes, Local Governing Body Signature not required)
Norm of Business Lkense Number Phone (Include Area code)
SECTION a How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read R-19-
318 for explanation and check one of the following boxes.
❑✓ Place license in non-use
❑Dispense and serve all spirituous liquors udder` retailer's license
❑Dispense and serve all spirituous liquors under special event
❑Sprit premise between special event and retail location
OF USING RETAIL LICENSE PLEASE SUBMIT A LETTER OF AGREEMENT FROM THE AGENT/OWNER OF THE LICENSED PREMISES TO SUSPEND OR RUN
CONCURRENT W11H THE PERMANENT LICENSE DURING THE EVENT. IF THE SPECIAL EVENT IS ONLY USING A PORTION OF THE PREMISES,
AGENT/OWNER WILL NEED TO SUSPEND THAT PORTION OF THE PREMISES j
SECTION 9 What is the purpose of this event?
0On-site consumption []Off -site (auction/wine/distilled spirits pull) ❑Both
SECTION 10
1.Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years?
O es aO (If yes, attach explanation.)
2. How many special event days have been issued to this organization during the colendar year? 0
(The number cannot exceed 10 days per year.)
3. Is the Organization using the services of a Licensed Contractor?
❑Yes❑✓ No If yes, please provide the following: Name of Licensed Contractor:
4. Is the organization using the services of a series 6, 7, 11, or 12 licensee to manage the sale or service of alcohol?
❑Yes❑✓, No If yes, please provide the following: Name of Licensee License #:
5. List all people and organizations who will receive the proceeds. Account for 10017a of the proceeds. The organization
applying must receive 25% of the gross revenues of the special event liquor sales. Attach an additional page if necessary.
Name F.H.'s VFW Post 7507
Address 9624 N. Monterey Dr. Fountain Hills, AZ 85268
Name Fountain Hills Chamber of Commerace
Address
Percentage: 50
00
Percentage: 50
00
16837 E. Palisades Blvd, Fountain Hills, AZ 85268
Street
0
State Lp
12/1/2020
Page 2 of 4
Individuals requiring ADA accommodations call (602)542-2999
Please read A.R.S. § 4-203.02 Soeclel event license; rules and R19-1-205 Reaulrements for a Special Event License.
Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY.
LC0140LIC REVERAGJS SHAR LEAVE A SPECIAL EVIENT-UNILESS THEY ARF IN AUC110N WINE OR DISTILLED SPIRITS CULL SEALED
CONTAINERS OR THE SPECIAL FVFNT LICENSE IS HarSR) WITH WINE /CRAFr DIS711-ILERY FIESTIVAL JIQFNSE_
SJC1nQN11, License premises diagram. The licensed premises for your special event is the area in which you are
authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. Please attach a diagram
of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control
measures and security position.
ATTACH DIAGRAM
If the special event will be held at a location without a permanent liquor license or tf the event Will be on any portion of a iocanon tnat is
not covered by the existing liquor license, this application must be approved by the local government before submission to the
Department of ilquor Licenses and Control. Please contact the local governing board for additional application requirements and
submission deadlines. Additional licensing fees may also be required before approval may be granted. For more Information, please
contact your local jurisdiction.
Attestation for Special Events Licenses
Executive Order (" E.O:') 2020-59
Further Mitigation Requirement for Events
On December 2, 2020 Governor Ducey issued E.O.2020-59, Further Mitigation Requirement for Events. Pursuant to E.O.2020-
59, beginning on December 3rd, an applicant for a series 15, Special Event License or series 16, Festival/Fair License are
required to submit an attestation acknowledging that public health requirements issued by ADHS will be followed by
attendees and enforced by event organizers prior to receiving the license.
I hereby attest, by submitting this form, that as the applicant listed below I acknowledge that I understand that as a
condition of the series IS, Special Event License or series 16, Festival/Fair License issued to me by the DLLC, l shall ensure
compliance with the applicable requirements issued by ADHS and any other requirements or guidelines incorporated
therein related to mitigating the transmission of COVID-19 during my event, including that as the event organizer I will
implement and enforce the following:
At all times:
• Require the use of masks at all times by event organizers, staff and attendees except while actively eating or
drinking.
• Promote healthy hygiene practices.
• Ensure cleaning and disinfection practices and ventilation.
• Ensure adequate supplies of hand sonitizer and cleaning supplies.
• Monitor all persons in the business premises for sickness.
• Ensure physical distancing by spacing chairs and tables at least 6 feet apart.
• Limit the congregation of groups during the event.
• Eliminate instances where attendees serve their own food.
By submitting this attestation, the applicant is agreeing to meet the applicable guidance in the ADHS Requirements for
thebusiness located at www.ozheolth.gov/businesscovidl9, as may be updated or modified from time -to -time.
Notwithstanding the submission of this attestation, if DLLC becomes aware of actions taken by the applicant that may take
jeopardize the health, safety, and welfare of the public or that the representations in this attestation are false, DLLC
additional action as necessary to protect the health, safety and welfare of the public.
To review up-to-date information regarding ADHS' emergency response to COVID-19 and information for businesses, please
visit www.azhealfh.gov/businesscovid19.
I, (Print Full Name) Boris BIiOSkirka hereby swear under penalty of perjury and In compliance with
A.R.S. § 4-210(A)(2) and (3) that I have read and understand the foregoing and verify that th infor and statements
that I have made herein are true and correct to the best of my knowledge.
Applicant Signature: i'
12/1/2020 Page 3 of 4 -7
Individuals requiring ADA accommodations call (602)542-2999
LOCAL GOVERNING BOARD
Date Received:
I. recommend ❑APPROVAL ❑ DISAPPROVAL
(Govemme t OlBcial) (nNe)
On behalf of
(City, Town, Counly) Signature safe Phone
DLLC USE ONLY
❑APPROVAL ❑DISAPPROVAL BY:_ _ ___ I DATE:
A.R.S. $ 41-1030. Invalidity of rules not made according to this chapter, prohlbited_aaency acflon: prohibited acts by state
employees: enforcement: notice
B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is
not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not
constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of
authority that specifically authorizes the requirement or condition.
D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE.
THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE
APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION.
E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS
SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY.
F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.
12/1/2020 Page 4 of 4
Individuals requiring ADA accommodations call (602)542-2999
IV, t tng reaps
Fountain Hills Chamber Of Commerce
Address: 16837 E Palisades Blvd. Fountain Hills, AZ 85268
Phone: (480) 837-1654
Website: http-//www-fountainhillschamber.com/
Hours
Monday - Friday 8:00 AM - 4:00 PM
UNIB
sshas' Bank
\.% George s linen
Fountain Hrls Plaza
ps"v
f pdrTM
Russo Salon & Spa .
C3ue Buenos/ Wise Agent
}
Fount" n Hills
Chamber Of Commerce �p�Irs`�des0
Sears Hometown 5toreu
FarkweW Tap Housev A guameno
e. fw"t�e Phil's ding
! ¢ Station. Gent
Pandora Jewelry
o ,d
2 fq� Outdoorsmans ,]
Founta.n enue olrhe FV i%
Town vnfa rt
Hai
Fearie-s Kitty Festue��'1'�
Oka Sush,� " S ntaqiq�
:11 drnencan ;ports Grill U
f q�r::.
Suggest an edit
o=I TamTb n. o 0pxme@WW
i I UVI /. L
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.
Recommendations) 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:
Budget Reference:
Funding Source:
If Multiple Funds utilized, list here:
Budgeted: if No, attach Budget Adjustment Form:
Fiscal Impact:
Budget Reference:
Funding Source:
If Multiple Funds utilized, list here:
Budgeted: if No, attach Budget Adjustment Form:
Budget Transfers
Inbox
Finance Director (Originator)
Town Attorney
Town Manager
Form Started By: David Pock
Final Approval Date: 03/04/2021
$7,000
CIP
$235,600
GENAD
Attachments
Form Review
Reviewed By
David Pock
Aaron D. Arnson
Grady E. Miller
Date
03/04/2021 09:29 AM
03/04/2021 09:44 AM
03/04/2021 10:57 AM
Started On: 03/03/2021 03:55 PM
TOWN OF FOUNTAIN HILLS
1 1674i F. Avenue of (he Fountains - Fountain hills, AZ 85268 .J,y -
03/04/2021 10:13 ITOWN OF FOUNTAIN HILLS
BBogdan IBUDGET AMENDMENTS JOURNAL ENTRY PROOF
LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION PREV BUDGET
ACCOUNT LINE DESCRIPTION EFF DATE BUDGET CHANGE
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
810-10-15-901-000-2207-8010- GEP TURF VEHICLE
2 GENAD 7010 GENERAL GOVERNMENT ADMIN CONTINGENCY
100-10-15-110-100-0106-7010- GEP TURF VEHICLE
3 FDOP 6803 FIRE -OPERATIONS
100-30-70-701-700-1515-6803-
4 GENAD 7010 GENERAL GOVERNMENT ADMIN
100-10-15-110-100-0106-7010-
5 CIPST 8060 S6053 STREETS CAP PROJECTS
600-40-30-302-000-1610-8060-S6053
6 CIPSTO 8085 D6057 STORMWATER CAP PROJ
600-40-30-304-000-1960-8085-D6057
ISF-VEHICLE REPLACEMENT CHARGE
FIRETRUCK CATCHUP
CONTINGENCY
FIRETRUCK CATCHUP
STREET IMPROVEMENTS
FROM D6057
STORMWATER/DRAINAGE IMPROVEMEN
TO S6053
** JOURNAL TOTAL
I 1
lbgamdent
AMENDED
BUDGET ERR
51,989.00 1,600.00
53,589.00
03/04/2021
1,200,141.18-1,600.00
1,198,541.18
03/04/2021
222,213.00 234,000.00
456,213.00
03/04/2021
1,200,141.18-234,000.00
966,141.18
03/04/2021
616,000.00 7,000.00
623,000.00
03/04/2021
425,000.00-7,000.00
418,000.00
03/04/2021
0.00
Z
ITEM 7. D.
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 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.
All special event liquor license applicants are required to submit an application and pay a $25 fee for
processing. Once the fee is paid and the application is reviewed by Town staff, the application is
forwarded to the Town Council for its review and consideration. After the application is approved by
Town Council, the applicant will bring the signed paperwork to the Arizona Department of Liquor, and
be issued a physical license to be displayed for the duration of the event. The special event liquor license
application was reviewed by staff for compliance with Town ordinances and staff unanimously
recommends approval of the application as submitted.
Related Ordinance, Policy or Guiding Principle
A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendations)
Staff recommends approval.
i•*11111CLh*1111a11LTA NIIIIIQ0
MOVE to approve the Special Event Liquor License.
Application
Inbox
Community Services Director
Finance Director
Town Attorney
Town Manager
Form Started By: Linda Ayres
Final Approval Date: 03/08/2021
Attachments
Form Review
Reviewed By
Rachael Goodwin
David Pock
Aaron D.Arnson
Grady E. Miller
Date
03/08/2021 01:24 PM
03/08/2021 01:28 PM
03/08/2021 01:40 PM
03/08/2021 01:57 PM
Started On: 03/08/2021 12:06 PM
DLLC U5
id Date:
N:
IMPORTANT INFORMATION: This d cu ent must full c m ete r it will be r turn .
The Department of Liquor tenses an Can o mu race ve this application fen I 1 Ell IDU ness days Prior to the event.
Y
SECTION 1 Applicant must be a member of a qualifying nonprofit organization, political party, or Government entity and
authorized by an Officer, Director, or Chairperson of the Organization.
I. Applicant: i _ -i`r S_ iL � P f e— A
Last l� rst NO`.
2. Applicant's mailing address: r • - �$ 1a In,1
Sheet city State Zip
3. Applicant's home/cell phone: ( 0 l ) - na Applicant's business phone: �1 4�.�:R AP ,
4. Applicant's email address: j7j*�
SECTION 2 Name of Organization, Candidate or Political Parly/Gov.:.Frol_,r,rtrA1'0-rl-wrx�-er _ --Zo c
SON Non-Profit/IRS Tax Exempt Number: ) 9
SECTION 4 Event Location:
Event Address:
SECTION 5 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days.
See A.R.S. § 4-244(15) and (17) for legal hours of service.
PLEASE FILL OUT A SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE" DAY
Event Event Numbers of
Date Day of Week Start Time End Time Attendees
r AM4t�) Ahllq�a) (Each Day)
DAY 1: rp Pfq ) 1 PM O
DAY 2: PM
DAY 3: \�-�'h r'S i S GL c Ou' f,C.h C-Cy- atcu� ,'tom cr���. �r bC�
DAY 4:
DAY S:
DAY 6:
DAY 7:
DAY 8:
DAY 9:
DAY 10:
12/I/2020 Page I of 4
Individuals requiring ADA accommodations call (602)S42-2999
SECTION 6 What type of security and control measures will you take to prevent violations of liquor laws at this event?
(List type and number of police/security personnel and type of fencing or control barriers, ff applicable.)
Number of Police I Number of Security Personnel ❑Fencing 013arders
SECTION 7 Will this event be held on a currently licensed premise and within the already approved premises? ❑Yes E No
(If yes, Local Governing Body Signature not required)
Name of Business Ucense Number
Phone (Include Area Code)
SECTION 8 How is this special event going to conduct all dispensing, serving. and selling of spirituous liquors? Please read R-19-
318 for explanation and check one of the following boxes.
❑Place license in non-use
[--]Dispense and serve all spirituous liquors under retailer's license
Dispense and serve all spirituous liquors under special event
[--]Split premise between special event and retail location
OF USING RETAIL LICENSE, PLEASE SUBMIT A LETTER OF AGREEMENT FROM THE AGENT/OWNER OF THE LICENSED PREMISES TO SUSPEND OR RUN
CONCURRENT WITH THE PERMANENT LICENSE DURING THE EVENT. IF THE SPECIAL EVENT IS ONLY USING A PORTION OF THE PREMISES,
AGENT/OWNER WILL NEED TO SUSPEND THAT PORTION OF THE PREMISES.)
SECTION 9 What is the purpose of this event?
Edon -site consumption ❑Off -site (auction/wine/distilled spirits pull) ❑Both
SECTION 10
1. �H-a{,s the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years?
Llr es E;6No (If yes, attach explanation.)
2. How many special event days have been issued to this organization during the calendar year? O
(The number cannot exceed 10 days per year.)
3. Is the Organization using the services of a Licensed Contractor?
❑Yes EfNo If yes, please provide the following: Name of Licensed Contractor:
Is the organization using the services of a series 6, 7, 11, or 12 licensee to manage the sale or service of alcohol?
❑YesSNo if yes, please provide the following: Name of Licensee License #:
5. List all people and organizations who will receive the proceeds. Account for 10017 of the proceeds. The organization
applying must receive 25% of the gross revenues of the special event liquor sales. Attach an additional page if necessary.
Name _ �,�chr�, n ,-�_i�-r}Y}a- - -{1 c Percentage: i On 10
Address
Name
.Address -
Percentage:
street City State IIp
12/ 1 /2020 Page 2 of 4
Indiv'duais requiring ADA accommodations call (602)542-2999
Please read A.R.S. § 4-203.02 Special event license: rules and R19-1-205 Requirements for a Special Event License.
Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY.
b10 ALCOHOLIC BEVERAGES SHALL LEAVE A SPECIAL EVENT UNLESS THEY ARE IN AUCTION WINE OR DISTILLED SPIRITS PULL SEALED
CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE /CRAFT DISTILLERY_ FESTIVAL LICIbIse-
SECTION 11 License premises diagram. The licensed premises for your special event is the area in which you are
authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. Please attach a diagram
of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control
measures and security position.
ATTACH DIAGRAM
If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is
not covered by the existing liquor license, this application must be approved by the local government before submission to the
Department of Liquor Licenses and Control. Please contact the local governing board for additional application requirements and
submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please
contact your local jurisdiction.
Attestation for Special Events Licenses
Executive Order ("E.O:') 2020-59
Further Mitigation Requirement for Events
On December 2, 2020 Governor Ducey issued E.O. 2020-59, Further Mitigation Requirement for Events. Pursuant to E.O.2020-
59, beginning on December 3rd, an applicant for a series 15, Special Event License or series 16, Festival/Fair License are
required to submit an attestation acknowledging that public health requirements issued by ADHS will be followed by
attendees and enforced by event organizers prior to receiving the license.
I hereby attest, by submitting this form, that as the applicant listed below I acknowledge that I understand that as a
condition of the series 15, Special Event License or series 16, Festival/Fair License issued to me by the DLLC, I shall ensure
compliance with the applicable requirements issued by ADHS and any other requirements or guidelines incorporated
therein related to mitigating the transmission of COVID-19 during my event, including that as the event organizer I will
implement and enforce the following:
At all times:
• Require the use of masks at all times by event organizers, staff and attendees except while actively eating or
drinking.
Promote healthy hygiene practices.
Ensure cleaning and disinfect=on practices and ventilation.
• Ensure adequate supplies of hand sonitizer and cleaning supplies.
• Monitor all persons in the business premises for sickness.
Ensure physical distancing by spacing chairs and tables at least 6 feet apart.
Limit the congregation of groups during the event.
• Eliminate instances where attendees serve their own food.
By submitting this attestation, the applicant is agreeing to meet the applicable guidance in the ADHS Requirements for
thebusiness located at www.azhealth.gov/businesscovidl9, as may be updated or modified from time -to -time.
Notwithstanding the submission of this attestation, if DLLC becomes aware of actions taken by the applicant that may take
jeopardize the health, safety. and welfare of the public or that the representations in this attestation are false, DLLC
additional action as necessary to protect the health, safety and welfare of the public.
To review up-to-date information regarding ADHS' emergency response to COVID-19 and information for businesses, please
visit www.azheolth.gorv/businesscovidl9.
!, (Print Full Name) Un.le-r ; • Ls-�� ):� , hereby swear under penalty of perjury and In compliance with
A.R.S. § 4-210(A)(2) and (3) that I have read and understand the foregoing and verify that the information and statements
that I have made herein are true and correct to the best of my knowledge.
Applicant Signature: lA'&O1
12/l /2020 Page 3 of 4
Individuals requiring ADA accommodations call (602)542-2999
LOCAL GOVERNING BOARD
Date Received:
(Government Official)
recommend ❑APPROVAL ❑ DISAPPROVAL
(Title)
On behalf of
(city, Town, County) Signature Dale
DLLC USE ONLY
Phone
❑APPROVAL ❑DISAPPROVAL BY: DATE:
A.R.S. § 41-1030. Invalidity of rules not made according to this chapter: prohibited agency action: prohibited acts by state
employees: enforcement: notice
B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is
not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not
constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of
authority that specifically authorizes the requirement or condition.
D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE.
THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE
APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION.
E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS
SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY.
F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.
12/1/2020 Page 4 of 4
Individuals requiring ADA accommodations call (602)542-2999
'l
G
-sTION 12l-icense premises diagram. The licensed premises for your special event is the area in which you are authorized
.a sell, dispense or serve alcoholic beverages under the provisions of your license. The following space is to be used to
prepare a diagram of your special evert licensed premises. Please show dimensions, serving areas, fencing, barricades, or
other control measures and security position.
31112fl16 Page 3 of 4
Individuals requiring ADA accommodations tall (602)842-9a27,
NT
AUTHORe M SC"iLRE or
a
it LIVI /. L.
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 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
Recommendations) by Board(s) or Commission(s)
N/A
Staff Recommendations)
Staff recommends approval.
SUGGESTED MOTION
MOVE to approve special event liquor license.
G:\Special Events\Liquor Apps\2021
Attachments
Form Review
Inbox
Reviewed By
Community Services Director
Rachael Goodwin
Finance Director
David Pock
Town Attorney
Aaron D. Arnson
Town Manager
Grady E. Miller
Form Started By: Linda Ayres
Final Approval Date: 03/08/2021
Date
03/08/2021 01:24 PM
03/08/2021 01:30 PM
03/08/2021 01:41 PM
03/08/2021 02:50 PM
Started On: 03/08/2021 12:48 PM
DLLC USE ONLY
A Date*
IMPORTANT INFORMATION: This doc m nt must ful m leted or It will be returned.
The Department o Liquor Licenses an Con ro mu rece ve this application s n ss days nr or to the event.
SECTION t Applicant must be a member of a qualifying nonprofit organization, political party, or Government entity and
authorized by an Officer, Director, or Chairperson of the Organization.
1. Applicant: Ayres Linda Lee
Lost FbA
2. Applicant's mailing address: 16705 E Avenue of the Fountain
602 Sheet
3. Applicant's home/cell phone: ( ) 900-1391
4. Applicant's email address: IayfeS ❑�fl1.aZ.gOV
Middle
Fountain Hills
Date of bklh
AZ 8268
CRY 480 slate Zip
Applicant's business phone: (_) 016-5170
SECTION 2 Name of Organization, Candidate or Political Party/Gov.: Town Of Fountain HIIIS
SECTIQN 33 Non-Profit/IRS Tax Exempt Number. 86-0650150
SECTION 4 Event Location: Fountain Park
Event Address: 12925 N Saguaro Blvd, Fountain Hills, AZ 85268
SECTION 5 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days.
See A.R.S. § 4-244(151 and (17) for legal hours of service.
PLEASE FILL OUT A SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE" DAY
Event Event Numbers of
Date Day of Week Start Time End Time Attendees
AM/PM AM/PM (Each Day)
DAYI: April 10,2021 Saturday 3:00pm 10:00pm 2,000
DAY 2:
DAY 3:
DAY 4:
DAY 5:
DAY b:
DAY 7:
DAY 8:
DAY 9:
DAY10:
12/l /2020 Page 1 of 4
.ndividuals requirng ADA accommodations call (6021542-2999
SECTION 6 What type of security and control measures will you take to prevent violations of liquor laws at this event?
(List type and number of police/security personnel and type of fencing or control barriers, H applicable.)
2 Number of Police 2 Number of Security Personnel Ekencing ✓aorTiers
Explanation:
The area will be roped off with personnel stationed throughout the perimeter to
monitor that no alcohol leaves the designated roped off area. Identification will be checked.
,SQTI0N Z Will this event be held on a currently licensed premise and within the already approved premises? Dyes ❑No
(if yes, Local Governing Body Signature not required)
Name or Business license Number Phone (Include Area Code)
SON I How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read R-19-
318 fore check one of the following boxes.
❑Place lice
[--]Dispense and serve all spirituous liquors under retailer's license
DDispense and serve all spirituous liquors under special event
❑Split premise between special event and retal location
OF USING RETAIL LICENSE PLEASE SUBMIT A LETTER OF AGREEMENT FROM THE AGENT/OWNER OF THE LICENSED PREMISES TO SUSPEND OR RUN
CONCURRENT WITH THE PERMANENT LICENSE DURING THE EVENT. IF THE SPECIAL EVENT IS ONLY USING A PORTION OF THE PREMISES,
AGENT/OWNER WILL NEED TO SUSPEND THAT PORTION OF THE PREMISES.)
SECTION 9 What is the purpose of this event?
Don -site consumpt=an ❑Off -site (auction/wine/6stil;ed spirits pull) ❑Both
SECTION 10
1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years?
[]Yes ONO (If yes, attach explanation.)
How many special event days have been issued to this organization during the calendar year? 0
(The number cannot exceed 10 days per year.)
3. is the Organization using the services of a Licensed Contractor?
❑Yes DNo If yes, please provide the following: Name of Licensed Contractor:
4. Is the organization using the services of a series 6, 7, ; 1, or 12 I'censee to manage the sole or service of alcohol?
❑YesDNo If yes, please provide the following: Name of Licensee License #:
5. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization
applying must receive 25% of the gross revenues of the special event liquor sales. Attach an additional page if necessary.
Name Town of Fountain Hills
Address
16705 E Avenue of the Fountains
Name Bone Haus Brewing
Percentage:
60%
Percentage: 40%
Address 14825 E Shea Blvd. #101 Fountain Hills,
Streel CMy
12/112020 Page 2 of 4
Individuals requiring ADA accommodations ca] (602)542-2999
AZ 85268
State Zip
Please read A.R.S. § 4-203.02 Special event license: rules and R19-1.205 Requirements for a Special Event License.
Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY.
SECTION 11 License premises diagram. The licensed premises for your special event is the area in which you are
authorized to sell, dispense or serve a',coho-ic beverages under the provis'ons of your license. Please attach a diagram
of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control
measures and security position.
ATTACH DIAGRAM
If the special event will be held at a location without a permanent liquor license or 9 the event will be on any portion of a location that Is
not covered by the existing liquor license, this application must be approved by the local government before submission to the
Department of Liquor Licenses and Control. Please contact the local governing board for additional application requirements and
submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please
contact your local jurisdiction.
Attestation for Special Events Licenses
Executive Order ("E.O:') 2020-59
Further Mitigation Requirement for Events
On December 2, 2020 Governor Ducey issued E.O. 2020-59r Further Mitigation Requirement for Events. Pursuant to E.O. 2020-
59, beginning on December 3rd, an applicant for a series 15, Special Event License or series 16, Festival/Fair License are
required to submit an attestation acknowledging that public health requirements issued by ADHS will be followed by
attendees and enforced by event organizers prior to receiving the license.
I hereby attest, by submitting this form, that as the applicant listed below I acknowledge that I understand that as a
condition of the series 15r Special Event License or series 16, Festival/Fair License issued to me by the DLLC, I shall ensure
compliance with the applicable requirements issued by ADHS and any other requirements or guidelines incorporated
therein related to mitigating the transmission of COVID-19 during my event, including that as the event organizer I will
implement and enforce the following:
At all times:
• Require the use of masks at all times by event organizers, staff and attendees except while actively eating or
drinking.
• Promote healthy hygiene practices.
• Ensure cleaning and disinfection practices and ventilation.
• Ensure adequate supplies of hand sanitizer and cleaning supplies.
• Monitor all persons in the business premises for sickness.
• Ensure physical distancing by spacing chairs and tables at least 6 feet apart.
• Limit the congregation of groups during the event.
• Eliminate instances where attendees serve their own food.
By submitting this attestation, the applicant is agreeing to meet the applicab'e guidance in the ADHS Requirements for
ihebusiness located at www.azhealth.aov/businesscovidl9, as may be updated or modified from time -to -time.
Notwithstanding the submission of this attestation, if DLLC becomes aware of actions taken by the applicant that may take
jeopardize the health, safety, and welfare of the public or that the representations in this attestation are false, DLLC
additional action as necessary to protect the health, safety and welfare of the public.
To review up-to-date information regarding ADHS' emergency response to COVID-19 and information for businesses, please
visit www.azhealth.aov/businesscovidl9.
I, (Print Full Name) Linda Lee Ayres hereby swear under penalty of perjury and In compliance with
A.R.S. § 4-210(A)(2) and (3) that I have read and understand the foregoing and verify that a information and statements
that I have made herein are true and correct to the best of my knowledge.
Applicant Signature:
12/1/2020 Page 3 of 4
,ndividuais requiring ADA accommodations cal W:-}; 542-2999
LOCAL GOVERNING BOARD
Date Received:
recommend ❑APPROVAL ❑ DISAPPROVAL
(Government Olklal) Uft)
On behalf of
(CRY. Town. Counlv) Signature Wo Phone
DLLC USE ONLY
❑APPROVAL ❑DISAPPROVAL BY: DATE: I
A.R.S. § 41-1030. Inygildity of rules not made according fo this chapter rohibited agency actionprohibited acts by state
employees,enforcement: notice
B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is
not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not
constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of
authority that specifically authorizes the requirement or condition.
D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE.
THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE
APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION.
E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS
SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY.
F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.
12/1 /2020 Page 4 of 4
Individuals requiring ADA accommodations call I602j542-2999
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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:
Professional Services Agreement
Underlying Agreement
Inbox
Public Works Director (Originator)
Finance Director
Town Attorney
Town Manager
Form Started By: Justin Weldy
Final Approval Date: 03/03/2021
Attachments
Form Review
Reviewed By
Date
Justin Weldy
03/03/2021 12:49 PM
David Pock
03/03/2021 01:33 PM
Aaron D. Arnson
03/03/2021 01:34 PM
Grady E. Miller
03/03/2021 05:46 PM
Started On: 03/02/202101:41 PM
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
(1) 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 (1) it is deemed in the best interests of the Town, subject to availability and
appropriation of fiends for renewal in each subsequent year, (ii) the term of the City Contract has
1
not expired or has been extended, (1) 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 non-
conforming Materials or Services, the Town may elect to do any or all of the following by written
notice to the Contractor: (1) waive the non-conformance; (u) 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 (u) 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,
2
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-verifyRequirements. 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 A 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 A1uz.
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
3
availability of funds for its obligations under this Agreement. The Town shall keep Contractor
informed as to the availability of fiords 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 Towns 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 "LJnauthorized 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 o� 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 thereofl relate to, arise out o f 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
M
Attn: Grady E. Miller, Town Manager
With copy to: Pierce Coleman PLLC
4711 E. Falcon Dr., Ste. I I I
Mesa, Arizona 85215
Attn: Aaron D. Arnson, Town Attorney
If to Contractor: StonnWater 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: (1) when delivered to the party, (iii) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (1) 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]
5
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]
n
"Contractor"
STORMWATER PROS, LLC,
an Arizona limited liability company
By: _
Name:
Its:
EXIIIBIT 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.
Te m e®
Making waves in the desert
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: >hireen Boone(atempe.gov
PHONE: 480-350-8617
SUBMITTAL LOCATION: CITY OF TEMPE PROCUREMENT OFFICE
20 EAST SIXTH STREET, 2ND FLOOR
TEMPE, ARIZONA 85281
Table of Contents
GeneralInstructions..........................................................................................................................................3
Standard Terms and Conditions........................................................................................................................8
Special Terms & Conditions and Instructions...................................................................................................17
Scopeof Work.................................................................................................................................................23
Specifications..................................................................................................................................................27
ProposalQuestionnaire................................................................................................................................... 27
EvaluationCriteria........................................................................................................................................... 35
PricingSection................................................................................................................................................37
Vendor's Offer................................................................................................................................................. 38
Anti -Discrimination Policy................................................................................................................................ 39
Checklistfor Submittal.....................................................................................................................................41
PackageLabel.................................................................................................................................................42
Failure to follow these instructions may result in rejection of proposal for non -responsiveness or cancellation of any Contract
awarded.
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.
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.
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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.
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.
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.
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.
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.
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.
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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 salestax(cMempe.gov
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
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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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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.
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.
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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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.
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:
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.
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 Maieure:
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
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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:
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. 6t" 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
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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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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.
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.
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.
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.
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.
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.
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.
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.
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.
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 C00001 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
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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.
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.
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.
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,
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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.
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
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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
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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.
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
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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
Shireen BoonercDtemDle.aov
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
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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/Taaout
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.
DumDina 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.
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
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"Return this Section with your Response"
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.
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
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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 F-1
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
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. 11 Ll
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
28 1 Page
"Return this Section with your Response"
b. Drywell Cleaning, Maintenance, and Repair Services Yes F-1
No F-1
2. Can your company provide all of the following services:
(a ) Stormwater Infrastructure and (b ) Drywells
• (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.
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:
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
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0
6a.
i•
7
"Return this Section with your Response"
Describe your company's (and subcontractor's) experience, expertise, and qualifications in performing the services your
company is bidding on:
• 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:
• Drywell Cleaning, Maintenance, and Repair Services
Response:
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?
0
10.
If not, provide explanation:
Are all certifications, licenses and permits current?
If not, provide explanation:
What certifications, licenses, and permits do you currently have?
Response:
Yes No 11
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
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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? 11 Ll
If not, provide explanation:
13. Will your company provide all required reports as indicated in this RFP?
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:
Yes No
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?
If yes, provide explanation:
Yes E
No 11
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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?
If not, provide explanation:
Yes E
No 11
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
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
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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:
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
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"Return this Section with your Response"
Personnel's Experience and Expertise
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:
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:
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
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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
this is needed)
200 Points
Possible
X
=
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
7to8
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.
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
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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
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
37 1 Page
"Return this Section with your Response"
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:
E-mail Address:
Remit to Information
Company Name (as it appears on invoice):
Company Payment Remit to Address:
Street Address:
City, State, Zip:
Company Tax Information
Phone Number:
Cell Number:
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?
Will your company accept Payment via ACH (Automated Clearing House) for payment?
THIS PROPOSAL IS OFFERED BY
Yes
Yes
No
No F1
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
Print or Type Name of Authorized Individual
Date
Title of Authorized Individual
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
38 1 Page
r
IrTempe
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
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
39 1 Page
Tempe
Making waves in the desert
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
Eel.
I hereby certify
Tempe City Code Chapter 2 Article VIII Section 2-603(5).
Signature
Print Name
Company
Date:
Title
(contractor/vendor) to be in compliance with
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
40 1 Page
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
NUMBER
DESCRIPTION
INCLUDED
City
Use
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/
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
41 1 Page
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 dromina 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
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
42 1 Page
ITEM 8. B.
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
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.
Recommendations) 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 Recommendations)
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.
Inbox
Public Works Director (Originator)
Finance Director
Town Attorney
Town Manager
Form Started By: Justin Weldy
Final Approval Date: 03/03/2021
Form Review
Reviewed By
Date
Justin Weldy
02/25/2021 09:24 AM
David Pock
02/25/2021 09:37 AM
Aaron D. Arnson
02/26/2021 07:34 PM
Grady E. Miller
03/03/2021 05:17 PM
Started On: 02/25/2021 08:45 AM
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
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. 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.
1
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 affn-n tively
asserts that (1) 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]
2
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of
the date and year first set forth above.
"Towel'
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]
3
"Contractor"
SUNLINE CONTRACTING LLC,
a(n) Arizona limited liability company
By:
Name:
Title:
CITY OF GOODYEAR
Office Procurement
190 N. Litchfield Road
Li
P.O. Box 5 100
Offer and Acceptance
Goodyear, AZ 85338
Contract No. CON 18-4140
Phone: 623-882-7834
DESCRIPTION OF SERVICES: Pavement Marking Services Installation/Removal
OFFER
To the City 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.
By sianing and submitting this Offer Contractor certifies and warrants that Contractor: has read, understands
and agrees to comply with the Contract as defined here; has no known, undisclosed conflict of interest; has not made
an offer of any gift(s), payment(s) or other consideration to any City employee, elected official who has or may have
had a role in the procurement process for this Contract; v) pursuant to A.R.S. § 41-4401, Contractor and its
subcontractors will comply with all immigration laws and regulations that relate to its employees and A.R.S. § 23-
214; and the signatory is an officer or duly authorized agent of the Contractor with full power and authority to submit
binding offers for the goods and/or services as specified herein.
Arizona Transaction (Sales). 2 * - yy—) 1A G4
Arizona Contractor License Number:-15ci-7o7 For clarification of this offer contact:
Privilege Tax License # 2,0 4L�'d 17 Z Name: S t-iF4: S44 d 1
City of Goodyear Business Registration No.: Telephone: 6v-Z_.•-7Ccj- so-7 (�
IS_ 0ov0 S� 1 T E-Mail Address: s py v 5.+r11'1�aS-a '+r°�•1' i c�,n+l
Company Name A horized StAature for Offer
nt • 1,744- A ve S.A
Address Printed ame
ADZ ISSva�
City State Zip Code Title Date
ACCEPTANCE OF OFFER AND CONTRACT AWARD (For City of Goodyear Use Only)
Contractor's Offer is hereby accepted and a Contract awarded by the City. Contractor is now bound to provide the
materials and/or services as specified in Scope of Work of this Contract. Contractor shall not start any billable work
or provide any material/services until the Contractor receives an executed purchase order or written notice to proceed.
City Manager, City of Goodyear (if applicable)
Attested by:
LLAAL'U� I \__
City Clerk
�i1111111f1 rrfr��
City Seal .
Official File
City of Goodyea�w& Iona. Eff. Date: q I � I ) W
ue
Procurement Manager
Apprpved as ty form:
r
Roric Mas ey, City Attorney
Solicitation W7 IFB 18-4140 1 www goodyearaz.gov ` Page 67 of 71
�� Office of Procurement
�� CITY OF GOODYEAR 190 N. Litchfield Road
P.U. Box 5100
Goodyear, AZ 85338
circa►atlInvitation For Bid Phone: 623-882-7834
Goyea r
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: dora.chavez@goodyearaz.gov
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 react 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 IF'B 18-4140. Should you experience problems downloading the
solicitation, contact Dora Chavez, at the above email address.
Attendance at the Pre -Bid Conference is not 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
1r Office of Procurement
. CITY OF GGGDYEAR 190 N. Litchfield Road
P,O. Box 51 DO
Goodyear, AZ 85338
cirraF Table of Contents Phone: b23-ssy-7834
Goodyear
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 1 www.goodyearaz.gov I Page 2 of 71
Office of Procurement
CITY OF GOODYEAR 190 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
Goo
a 6dyear Instructions to Bidders Phone: 623-882-7834
1. PREPARATION OF OFFER
a. It is the responsibility of all Bidders to examine the entire solicitation package and seep 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.
b. Negligence in preparing a bid confers no right of withdrawal after the due date and time of the bid. Na
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: IFS 18-4140 1 www.goodyearaz.gov j Page 3 of 71
2.
3.
4.
5.
s.
7.
S.
6,:kJ Office of Procurement
CITY OF GOODYEAR 190 N. Litchfield Road
P.O, Box 5100
Goodyear, AZ 85338
Goodyear Instructions to Bidders Phone: 623-882-7834
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 tern, the City reserves the right to reject any altered
equipment.
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 maybe considered. The city has the sole authority to acceptor reject any like items.
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 ii) proposes a unit which does
not meet the City's specifications exactly and the Bidder does not additionally propose the specified wit
prior to bid opening, and the City rejects the alternative identified.
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.
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.
INOUHUFS
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 of business seven (7) calendar days after pre -bid conference.
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 1 wwuv.goodyearaz.gov I Page 4 of 71
9.
10.
11
12.
.1� Office of Procurement
CITY OF GOODYEAR 190N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
�Y�of Instructions to Bidders Phone: 623-882-7834
Goodyea r
LATE BIDSIMODIFICATIONSIWITRDRAWALS
Bids, modifications of bids, 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 priar to the solicitation due date and
time.
PUBLIC RECORDICONFIDENTIAL 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.
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.
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
14,
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.
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 184140 1 www.goodyeamz.gov I Page 5 of 71
CITY OF GOODYEAR
Instructions to Bidders
Office of Procurement
190 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
Phone: 623-882-7834
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 tali
Finance, Joe Lewandowski at (623) 882-7899 or joe.lewandowski N ❑odyearaz.gov
16. PROTESTS
a. Any interested party may protest a solicitation issued by the City or the proposed award or the award
of a City Contract by submitting a request in writing with the Procurement Manager for the City of
Goodyear, with a copy directed to the City Attorney for the City of Goodyear as follows:
Jacque Behrens, CPPB
Procurement Manager
City of Goodyear
P.O. Box 5100
190 North Litchfield Road
Goodyear, AZ 85338
Roric Massey
City Attorney
City of Goodyear
P.O. Box 5100
190 North Litchfield Road
Goodyear, AZ 85338
b. Writing: All protests trust 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 of relief requested. 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 1B-4146 www.goodyearaz.gov Page 6 of 71
Office of Procurement
CITY OF GOODYEAR
190 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
GQdi
Standard Terms and Conditions
Phone: 623-882-7834
SECTION I.
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.
L9 "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 maybe 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 1 Oth 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: IFS 18-4140 1 www.goodyeara?.gov I Page 7 of 71
Office of Procurement
��
CITY OF GOODYEAR
190 N. Litchfield Road
P.G. Box 5100
Goodyear, AZ 85338
toady@ar
Standard Terms and Conditions
Phone: Ga3-$$2-7834
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 of Procurement 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 QUANTITIES: 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 194N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
LI 0 Standard Terms and Conditions Phone: 623-882-7834
Govdyeor
3.12 FUND APPROPRIATION CONTINGENCY: The Parties recognize that the continuation of any contract
after the close of any given fiscal year of the City of Goodyear, which fiscal year ends on June 30 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 of Goodyear 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: 1F8 18.4140 1 www-goodyearaz.gov I Page 9 of 71
Office of Procurement
.
CITY OF GOODYEAR
190N. Litchfield Road
P.O. Box 5100
Goodyear. AZ 85338
Goodyear
Standard Terms and Conditions
phone: 623-882-7834
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 indelnnitee 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; bj 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 184140 1 www.goodyearaz.gov I Page 10 of 71
�
�
Goodyear
CITY OF GOODYEAR
Office of Procurement
190 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
Phone: 623-882-7834
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 hill 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 Contractor desires 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 1 www.goodyearaz.gov I Page I of71
Office afProcurement
CITY OF GOODYEAR
190 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
Goodyear
Standard Terms and Conditions
Phone; 623-882-7834
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 of public 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 parry 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 DISPUTE5 GOVERNING LAW ATTORNEY FEES: Should any dispute, misunderstanding or conflict
arise as to the teens or provisions contained in this Contract, the matter shall first be referred to the City,
and the City shall determine the term or provi sion'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 Parry shall be reimbursed by the
other Party for all attorney fees and all costs and expenses, including but not limited to all service of process,
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 REQUIRED BY LAW: Each and every provision of law and any clause required by federal,
state or local haw 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: If any 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: 1FB 184140 1 www.goc)dyeaTaz.gov I Page 12 of 71
.1�
i
CITY OF GDGDYEAR
Office of Procurement
I90 N. Litchfield Road
P.O. Sox 5100
Goodyear, AZ 85338
Goodyear
Standard Terms and Conditions
Phone: 623-882-7834
3. Specifications
4. Fee Schedule
4. 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.
6.4 AMBIGUITIES NOT HELD AGAINST DRAFTER: This Contract having been freely and voluntarily
negotiated by 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, EQUIPMENT 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 of 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 1 www.goodyearaz.gov I Page 13 of 71
CITY OF GOODYEAR
Office of Procurement
190 N. Litchfield Road
-�
P.O. Box 51 00
Goodyear, AZ 85338
Goodyear
Standard Terms and Conditions
phone: 623-882-7834
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 of form, 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 (MIST). 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 cast 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 of this Contract without further notice. The obligations of Contractor under
this section shall survive the termination of this Contract.
7.3 CONFLICT OF INTERESTITHHRD 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
sentto:
Roric Massey, City Attorney
City of Goodyear
194 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 ofany 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.
5olidtation No: 4FB 18-4140 1 www.goodyearax.gov j Page 14 of 71
��
074Goodyear,
Goodyeor
CITY OF GOODYEAR
Office of Procurement
190 N. Litchfield Road
P.G. Box 5 100
A.Z 85338
Phone: 623-882-7834
Standard Terms and Conditions
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 information as set forth in this section
shall constitute a material breach of Contract.
7.4 CONFLICT AUDIT: Within thirty (30) days of being 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. If requested by the City, the Contractor will provide supporting records
electronically in addition to a hard copy,
If the 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, anchor the appropriate
Solicitation No: IFS 18-4140 1 www.goodyearax.gov I Page 15 of 71
CITY OF GOODYEAR
Office of Procurement
190 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
G668year
Standard Terms and Conditions
Phone: 623-882-7834
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 of the 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. 5 23-
214(A). A breach of this warranty shall be deemed a material breach of this 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 V1 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 of bankruptcy,
voluntary or involuntary, or insolvency of the Contractor.
Solicitation No: IFB 18-4146 1 www.goodyearaz.gov Page 16 of 71
Dice of Procurement
CITY OF GOODYEAR 190 N. Litchfield Road
441. P.Q. Box 5I00
Goodyear, AZ 85339
tiad r Standard Terms and Conditions Phone: 623-882-7834
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 Iabor or materials to the
contractor or subcontractors in the performance of the work required under this Contract.
SoRdtation No: IFB 18-4140 www.goodyearaz.gov Page 17 of 71
CITY OF GOODYEAR
Office of Procurement
190 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
Goociyeor
Standard Terms and Conditions
Phone: 623-887-7834
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.
Solicitation No: IFB 184140 1 www.goodyearaz.gov I Page 18 of 71
. � .
CITY OF GOODYEAR
Office of Procurement
190N. Litchfield Road
1
P.O. Box 5100
Goodyear, AZ 85338
Goodyear
Standard Terms and Conditions
Phone: 623-8$2-7834
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.
I0.2 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 of the Contract or to exercise or delay the exercise of any right or remedy provided 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, if any person significantly involved in initiating,
negotiating, securing, drafting, or creating the Contract on behalf of 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.
Solicitation No. IFB 18-4140 1 www.goodyearaz.gov I Page 19 of 71
Office of Procurement
��
CITY OF GOODYEAR
190N. Litchfield Road
P.G. Box 5100
Goodyear, AZ 85338
+Gvdyeor
Standard Terms and Conditions
Phone: 623-882-7834
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; (ii) collection against the bid and/or performance bond, or (iii) 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:
Rorie 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.
5ECT1ON 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 Debarrnent/Suspension: Contractor warrants and certifies neither Contractor nor any of its subcontractor:
Solicitation No- IFB 16-4140 1 www-goodyearaz goy j Page 20 of 71
Office of Procurement
CITY OF GOODY EAR
190 N. Litchfield Road
P.Q. Box 5100
Goodyear, AZ 85338
GdQdai'
Standard Terms and Conditions
Phone: 623-887-7834
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 of records, marking false statements or
receiving stolen property within a three (3) year period preceding this Contract;
c. Are not, or have not been, indicted of or 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 of embezzlement, 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
Solicitation No: IF8 18.4140 1 www.goodyearaz.gov I Page 21 of 71
CITY OF GOODYEAR
Office of Procurement
190 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
Goodyear
Special Terms and Conditions
Phone: 623-882-7934
SECTION 1. TERM OF CONTRACT
The term of this Contract shall be one (1) year commencing on the effective date, which is the date last signed
by both Parties, and maybe 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 "V1IP' with policies and forms
satisfactory to the City. Use of alternative insurers requires prior written approval from City.
2.2 Commercial General LiabiliLy. 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 Liability, 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 I "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 of the 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 policy 'required by the insurance provisions of this
Contract shall provide the required coverage and shall not be suspended, voided, canceled, or reduced in
Solicitation No. IFB 18-4140 1 www.goodyearaz.gov I Page 22 of 71
Office of Procurement
A �
CITY OF GOODYEAR
190N. Litchfield Road
�
P.O. Box 5100
Goodyear, AZ 85338
►oF
Goodyear
Special Terms and Conditions
Phone. 623-882-7834
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 Primacy of Cover a . 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.
2.12 No Representation of Coverage Adequacy_. 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 carved 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
required by 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 1 www.goodyearaz.gov I Page 23 of 71
Office of Procurement
'�
CITY OF GOODYEAR
190 N. Litchfield Road
AulP.O.
Box 5100
Goodyear, AZ 85338
GaCiciyear
Special Terms and Conditions
Phone: 623-S82-7834
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 A performance bond for one hundred (100%) of the 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%) of the Contract,
and the payment of all obligations (100%) arising thereunder, in such fonn 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 of execution of the 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%) of the Contract amount plus any authorized Change Orders added to the Contract,
of which 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 of bid submittal. License must be active and in good standing. Contractor
agrees to provide copies of all license(s) at time of bid 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.
5oticitation No: IFB 18-4140 1 www.goodyearaz.gov I Page 24 of 71
Office of Procurement
CITY OF GOODYEAR
190 N. Litchfield Road
P.Q. Box 5100
Goodyear, AZ 85338
GGOd] �
Scope of Work
Phone: 623-882 7834
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).
The City reserves the right to award this contract to multiple vendors.
2. DEFIMTIONS
City
City of Goodyear, Engineering Department
Contract Administrator
Streets/Traffic Superintendent
Contract
Administrator's
Representative
Person delegated responsibility for administration of portions of, or the entire
contract by the Contract Administrator.
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 conceiming 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 Far 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 Barricade 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/or a
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 of this contract.
Solicitation No: 1F6 18-4140 1 www.goodyearaz.gov a Page 25 of 71
Office of Procurement
CITY OF GOODYEAR
190 N. Litchfield Road
P.G. Box 5100
R...cf
Goodyear, AZ 85338
Goodyear
Scope of Work
Phone: 623-882-7834
The City of Goodyear representatives:
Qy Traffic Engineer
Engineering Department
City of Goodyear, Arizona
14455 W Van Buren St., Ste. D101
Goodyear, AZ 85338
623.882.7519 - Direct
Engineering Director
Engineering Department
City of Goodyear, Arizona
14455 W. Van Buren St., Ste. ❑101
Goodyear, AZ 85338
Streets/Traffic Superintendent
200 S. Calle Del Pueblo
Goodyear, AZ 85338
Phone: 623-882-7632
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 StreetsPTraffic 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 (MUTC❑), 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; MCDGT Pavement Marking Manual current editions; ADOT Standard Specifications for Road and
Bridge Construction current editions plus all applicable Stored Specifications; ADDT 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 of different categories of pavement 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 of pavement marking work are:
1. Waterborne Paint Markings (WPM)
2. Thermoplastic Markings (THM)
3. Profile Thermoplastic Markings (PF'TM)
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.
Marling work will also he divided into two basic types of work based on application. The work units areas follows:
Solicitation No: IFB 18-4140 1 www.goodyearaz.gov I Page 26 of 71
1�
Office of Procurement
1
CITY OF GOODYEAR
190 N. Litchfield Road
P.O. Sox 5100
Goodyear, AZ 85338
��no.
Gvndyear
Scope of Work
Phone: 623-882-7834
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 +1- 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 of markings
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 of work, 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 of bid prices for all of the work items identified. The application of the levels ofbid prices
wil ] be determined based on the estimated overall dollar value of all 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 1I - 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.
Ail 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 applicability based 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 a]] work accomplished on the Citywide Pavement Marking
Contract.
The contractor shall log quantities daily. A sample Daily Work Quantities Report is attached as Exhibit 1.
4.1 Items of Work
All items of work shall be provided in conformance to the specifications and as presented on the appropriate
Fee Schedule.
4.1.1 Method of Measurement
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 1 www.goodyearaz.gov I Page 27 of 71
AV
OF
Goodyear
CITY OF GOODYEAR
Office of Procurement
190 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
Phone: ti23-8$2-7834
Scope of Work
Any measurement of a Iine 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 of gaps (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/or is a part
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 of curing 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
of work 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 of two to three persons or more to layout the required locations and/or
5olidtation Na: IFB 18-4140 1 www.goodyearaz.gov I Page 28 of 71
��
CITY OF GOODYEAR
Office of Procurement
190 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
G68yealr
Scope of Work
Phone: 623-882-7834
install City furnished barrier markers for pavement marling 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 -duty police officers will be paid for as detailed on the Fee Schedule.
4.1.2 Application fiequirements
The work under all pavement marking installation items shall consist of cleaning 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 of these duties. The inspection of work 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 existing pavement 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 112 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 marling 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: lFB 18-4146 1 www.goodyearaz.gov I Page 29 of 71
�� Office of Procurement
. CITY OF GOODYEAR 190 N. Litchfield Road
P.G. Box 5100
Goodyear, A2 85338
CrTY DF Scope of Work Phone: 623-882-7834
�aadyear
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 of any 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 of high-pressure air spray. All loose 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 of the cost for applying
pavement marling 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 perfonned 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 retrain on the roadway
for at least a half hour. If at any time during this half hour 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. If at 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.
Solldtation Ho- 1F13 18.4140 1 www.goodyearaz.gov I Page 30 of 71
Office ofFracurement
11
CITY OF GOODYEAR
190 N. Litchfield Road
P.Q. Box 5100
Goodyear, AZ 85338
!*"
aG&dr
Scope of Work
Phone: 623-882-7834
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 of the glass beads coincides with the required thickness of the 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 of these 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 of the underlying surface. The thickness is then determined visually by noting
the depth of penetration. 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 of the marking.
If the thickness of the applied markings is not confonning to the requirements of the specifications within
acceptable parameters all marking operations shall stop. W aterbome 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 Time
Each pavement marling 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
will leave 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: IFS 18-4140 1 www.goodyearaz.gov I Page 31 of 71
Office of Procurement
CITY OF GGGDYEAR
190N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
arror
Goadyeor
Scope of Work
Phone: 623-882-7934
4.1.9 ASpearance 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 tragic conditions in an air and/orroad temperature ranging from -10 degrees to
+180 degrees F.
4, L I0 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-reflectance
(Millicandelas)
White
175
Yellow
125
The sample rate to detennine 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
detennining 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 (M1 TTCD), Latest Edition, as adopted by the City,
■ City of Goodyear Engineering Standards and Policies Manual (Viewed online at www.p-oodyearaz.goy}
Arizona Department of Transportation, Standard Specifications for Road and Bridge Construction, Latest
Edition including errata, and addenda and all related Stored Specifications.
5olicitabon No: IFB 18-4140 1 www.goodyearaz.gov I Page 32 of 71
Office of Procurement
�1�
CITY OF GOODYEAR
190 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
CIfM a
Go�vyeca r
Scone of Work
Phone: 523-882-7834
• Arizona Department of Transportation, Materials Testing Manual (THE CITY M-XIl-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 of Transportation 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 m
the Arizona Department of Transportation Approved Products List. Alternative brands will be
considered if proven to be of equal or better quality than those listed.
4.2.2 Technical Discrepancies
If, at any time, the Offeror is aware of any discrepancies 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 SatisfactM Performance Life
All materials shall be applied per the manufacturers 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 of the Scope of Work. 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, flaking 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.
Solici[afion No; IF13 18-4140 1 www.goodyearaz_gov I Page 33 of 71
CITY OF GOODYEAR
4110,�VZO
070
Gaddyear Scope of Work
4.3 WATERBORNE PAINT MARKINGS
Office of Procurement
190 N. Litchfield Road
P,Q. Box 5100
Goodyear, AZ 85338
Phone: 623-882-7834
4.3. ] Description
The work under this subsection shall consist of cleaning and preparing pavement surfaces and furnishing
(if not supplied by the City) and applying r+eflectorized 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 -Gee 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 I0 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 of the 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 191011200. 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 Quantitative Requirements of Mixed Class I Paint
Component
White
Yellow
Pigment, percent by weight, ASTM ❑3727, allowable variation from
uali ng sample. The minimum shall be 56%.
+1-2.0%
+1-2.0%
Non-volatile content, percent by weight vehicle, ASTM D2369, allowable
variation from qualifying sample. The minimum shall be 72%.
+1-2.0%
+1-2.0%
Viscosity, Kreb units at 77 f 1 IF, ASTM D562.
80-95
$0-95
Weight per gallon, pounds at 77 ± 1 IF, ASTM D1475. The minimum shall
be 13 pounds per gallon. The allowable variation in pounds.
+/-.2
+/-.2
Vehicle composition, vehicle Infrared Spectra, ASTM D2621, allowable
variation Gom quakfymg sam le.
None
None
pH, ASTM E70, allowable variation from qualifying sample. (minimum of
10.0
+1-1.0
+1-] .0
Fineness of dispersion, HEGMAN, minimum, ASTM D1210.
3.0
3.0
Solleltation No: IFB 18-4140 1 www.goodyearaz.gov I Page 34 of 71
Office of Procurement
CITY OF GOODYEAR 190N. Litchfield Road
+� P.O. Box 5100
Goodyear, AZ 85338
dTror Scope of Work Phone: 623-882-7834
G&odyear
Maximum allowable Volatile organic compounds, grains per liter, per
ASTM D3960 according to 7.1.2.
150
150
Flash point, degrees F, minimum, ASTM D93, method A.
100
100
Dry time to no pick u with no beads, minutes, maximum, ASTM D711.
9
9
Dry through time, minutes, ASTM D 1640 except no thumb pressure is used
when thumb is rotated 90 degrees on paint film.
20
20
Flexibility, TT-P-19521)
Pass
Pass
If requested, the contractor via the manufacturer shall furnish factory samples of paints. Additionally,
the contractor may also be requested to famish 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 1hy O acit
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 of paint 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 blackireflectance 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 filet'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_S_t_ability
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- 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 of instability (e g jelling),
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- 1 degrees F at 50% +1- 5% humidity. The sample shall
withstand a minimum of 800 cycles.
Solicitation No: IFB 18-4140 1 www+goodyearaz.gov j Page 35 of 71
Office o#'Procurement
CITY OF GOODYEAR
190N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
cnror
Scope of Work
Phone: 623-882-7834
Gaodyear
4.3.9 Reflectance
The reflectance for both the white and yellow paint (per a lain test without beads) will be determined
using a 15 mil draw down film sample. The same white sample used to determine the yellowness index
as herein specified may also be used for this test. The reflectance of the paint films will then be 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.
4.3.14 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, clearlpardy 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 of the bead manufacturer.
4.3.12 Toxici
At no time shall these waterborne paint marking materials exude fumes which are toxic or injurious to
persons or property.
4.3.13 Physical 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 plumber 595, color chip no. 17925.
4.3.15 Reguired 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: IFS 18-040 I www.goodyearaz.gov I Page 36 of 71
A
� Office of Procurement
CITY OF GOODYEAR 190 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
cm of Scope of Work Phone: 623-882-7834
Govdyealr
The glass beads shall Conform to the applicable requirements of Subsection 748-2.02 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
Desi ation (Pounds per Gallon
Std Beads ADOT STD. MP/AC 8 lbsl al 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 coatin .
The bead application for curb paint shall be 1 U pounds of ADU 1 stanaard glass neaas per t uu square
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 StreetsJTraffic Superintendent. The moving striping operation traffic control shall be
as approved by the Street&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 trust 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 18-4140 1 www.goodyearaz.gov j Page 37 of 71
C,00dyear
CITY OF GOODYEAR
Scope of Work
Office of Procurement
190 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
Phone: 523-882-7834
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 55Q F. The road surface shall be absolutely dry
with no surface dampness, dew or subsurface wetness.
4.3.19 Dry Time
When applied at a temperature range recommended by the Manufacturer and applied at the specified
thickness, the material shad set to hear traffic 1 rx to 3 minutes when the air and road surface
temperature is approximately 75' F +1- 5° F.
4A THERMOPLASTIC MARKINGS fT
Description
The work under this subsection shall consist of cleaning and preparing pavement surfaces and famishing 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 of the 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 reflectorized 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 reflectorized marking capable of resisting deformation and wear in the roadway.
A current listing of approved thermoplastic material manufacturers is listed herein under Special Terms
and Conditions, Paragraph 33, Brand Name or Equal.
4.42 C=osition Makeup
The thermoplastic composition shall conform to the following requirements:
Component
Percent by Weight
White
Yellow
Binder (Hydrocarbon or Alkyd *j
18-28
18-28
White Pigment
10-15
---
Solicitation No: IFB 18-4140 1 www.goodyearaz.gov I Page 36 of 71
.� Office of Procurement
z� CITY OF GOODYEAR 190 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
c�rrar Scope of Work Phone: 623-882-7834
Goodyear
Yellow Pigment
--
2-8
Reflective Glass Inter -Mix Beads
30-40
30-40
Calcium Carbonate or Equivalent Filler
20-42
2445
*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 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, blotting, staining or discoloration when applied to the
bituminous or concrete pavement surfaces.
The thermoplastic shall consist of one of the 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
ROOT 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 heads per 100 square feet of line or marking area (e.g. 300 linear
feet of six inch Iine).
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 II (92%). The white thermoplastic shall have a minimum of 10% by weight of Titanium
dioxide.
Solicitation No: IFB 18-4140 1 www.goodyearaz.gov I Page 39 of 71
Office of Procurement
CITY OF GOODYEAR 190 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
ego. Scope of Work Phone: 623-882-7834
Goodyear
4.4-6 Yellow Pi ent
The yellow pigment shall be as recommended by the manufacturer.
4.4.7 Ph sisal Characteristics of the Cmposition
4.4.5 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 (+1- 3°) and
cooled to 77" F (+1- 30) shall meet the following:
White - daylight reflectance at 45' - 0° shall be 70°IQ 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 heating the thermoplastic material for four (4) hours (+/- five (5) minutes) at 425° F (+1- 3") and
testing in accordance with ASTM D36, the thermoplastic materials shall have a softening point of 215°
F (+/- 15° F).
4.4.11 Water Absorption and Specific 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 of the material, as determined by Section 11 of AASHTO 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 (+1- five minutes) at 425° F (+1- 3°) and
forming 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 hearing the thermoplastic material for four (4) hours (}I- five minutes) at 425° F (+1- 3°), the
bond strength to Portland cement concrete shall be not less than 180 pounds per square inch. The bond
5oiieitabon No: IFB 18-4140 I www.goodyearaz.gov I Page 40 of 71
Office of Procurement
CITY OF GOODYEAR 190N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
cm of Scope of Work Phone: 623-882-7834
Goodyear
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 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 morsel panel (thickness 0.050
+1- 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 Crackin Resistance at Low Temperature
Af3erheating the thermoplastic material for four (4) hours (+1- five minutes) at 425° F (+1- Y), applying
to concrete blacks, and cooling to 15° F (+1- 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 Flowability
After heating the thermoplastic material for four (4) hours (+1- five minutes) at 4250 F (+/- 31 and
testing for flowability in accordance with Section 6 of AASHTO 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 of AASHTO T 250.
4.4.18 Flowability (Extended Heating)
After heating the thermoplastic material for eight (8) hours (+1-112 hour) at 425° F (+1- 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: !P8 18-4140 1 www.goodyearaz.gov I Page 41 of 71
Office of Procurement
CITY OF GOODYEAR 190N. Litchfield Road
P.G. Box 5100
Goodyear, AZ 85338
cnrnr
Scope of Work Phone. 623-882-7834
G&;ayear
4.4.21 Primer Sealers
The application of primer 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.
4A.22 Inter -Mix Glass Beads
The inter -mix beads shall be coated or uncoated and conform to AASHTG M247-81 (1986) type I.
The use or non-use of coatings shall be left to the discretion of the manufacturer. If non -coated Heads
are used the thermoplastic formulation shall be configured to minimize settling of the 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 40cr 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
nixing and agitating mechanism shall be capable of thoroughly mixing the material at a rate which
ensures constant uniform temperature 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 overhearing or under -heating
of the 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 of applying 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 of pans, aprons or similar appliances which the dispenser overruns will not be permitted.
5alidtation No. IFB 18-4140 1 www.goodyearaz.gov I Page 42 of 71
Office of Procurement
A�
CITY OF GGGDYEAR
190 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
Gvodyear
Scope of Work
Phone: 623-882-7834
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 he applied
to molten thennoplastic 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. stop bars, crosswalks)
symbols and legends. Either an alkyd or hydrocarbon thermoplastic formulation can be used for
Iongitudinal lines (e.g. Iane lines, edge lines, gore lines) unless otherwise specified on the Contract
Work Order. Extrude or spray formulations shall he used per the application equipment used to
install the marldngs.
The ribbon gun application method shall only be used if specifically called for and approved by the
StreetslTrafFic 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. If this condition occurs, marking operations shall be stopped until the pavement dries.
Tlne 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 1 www.goodyearaz.gov I Page 43 of 71
i�
CITY OF GOODYEAR
Office of Procurement
190 N. Litchfield ]toad
P.O. Box 51 GO
Goodyear, AZ 85338
Coorlyeor
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 {40(r 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 +/- if the 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 4600 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 of heat time shall also be marked on the side of the 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 in 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 had
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 required by 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 surface 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: IF9 18-4140 1 www.goodyearaz.gov I Page 44 of 71
��Office
��
G[70dyear
CITY OF GOODYEAR
of Procurement
190N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
Phone: 623-882-7834
Scope of Work
4.4.24 Air and Pavement Temperature
The air and roadway surface temperature at the time of application of any thermoplastic marking shall
not be less than 500 F and shall be rising. The wind chill factor shall not be below 45' F. Ribbon gun
applications shall not be used if wind chill factors are below 65' F.
4.4.25 Drying Time
When applied at a temperature range of 412.5° F (+1- 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 (+1- 3 degrees),
4.4.26 Thermoplastic Application CnricielineslRequirements
The applications of thermo lastic 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
I
Hydrocarbon or
0.040 ±
Spray
Ali surfaces
10 lbs. of glass beads per
Alkyd, Long Lines
0.002"
100 square feet of
markings
Hydrocarbon or
0.090 ±
Ribbon
All clean pavement
10 lbs. of glass beads per
2
Alkyd, Long Lines
0.002"
Extruded
surfaces or well
100 square feet of
adhered existing
markings
markin 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
I00 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, and 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 MARKENGS MM
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 1 www.goodyearaz.gov I rage 45 of 71
��
40
Goodyear
CITY OF GOODYEAR
Office of Procurement
190N. Litchfield Road
P.G. Box 51 00
Goodyear, AZ 85338
Phone: 623-882-7834
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 ntunber 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.
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) +/- $0 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 ininimum, 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 of vehicle travel.
The nominal height of the bump shall always be one half inch. The bumps shall be placed at 16
inch (+/-1 ) inch intervals as measured between the centers of the 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 defonn 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 1 www.goodyearaz.g❑v I Page 46 of 71
��
CITY OF GOODYEAR
Office of Procurement
190 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
ciTror
Goodyear
Scope of Work
Phone: 623-882-7834
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
24 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 Pigment
The white pigment shall be Titanium dioxide and shall conform to the requirements of ASTM
D-476 for Type II (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 Physical 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
Solicitation No 1F6 18-4140 1 www.goGdyearaz.gov I Page 47 of 71
^668
Gyear
CITY OF GOODYEAR
Office of Procurement
t90 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
Phone: 623-882-7834
Scope of Fork
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 shaII not vary from batch to batch.
4.5.7 Color
The thermoplastic material, after heating for four hours +1- five minutes at 425 +/- 3 degrees F.
and cooled to 77 +/- 3 degrees F., shalI 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 Ioss 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 = +1- 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 conforrn to AASHTO M247-8 I (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
Solicitation No: IFB 18-4140 1 www.goodyearaz.gov I Page 48 of 71
v
CITY OF GOODYEAR
Office of Procurement
190 N. Litchfield Road
P.Q. Box 5100
Goodyear, AZ 85338
Gaa84ear
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 MarMnt Removal And Surface Preparation mr Or S
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 R uirements
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. If the work order specifies removal, then all markings are to be removed and the surface
cleaned prior to the application of new 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 Streetsirraffic 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 grinding or water blasting shall not penetrate the pavement surface more than 1 /8 inch.
Grinding or water blasting of newly laid AR-AC1~C 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 all loose material from the mad 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. All Ioose material including all grindings and
obliterated marking material shall be collected and removed from the pavement surface and
properly disposed of.
Solicitation No. IF8 18-4140 1 www.goodyearaa.gov I Rage 49 of 71
Goodyear
CITY OF GGGDYEAR
Office of Procurement
190 N. Litchfield Road
P.O. Box S 100
Goodyear, AZ 85338
Phone: 623-882-7834
Scope of Work
If the 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 cast 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 marldngs and no separate measurement
orpayment will be made for this work, unless otherwise noted on the work order orherein included
and described.
The application of primer sealer for thermoplastic and the removal of PCCP 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% of the existing markings.
The obliteration (or removal) of pavement marking lines will be measured by the linear foot along
the center line of the existing pavement marking line (or stripe) and will be based on a six inch wide
line based on type material it appears to be (thermoltape or paint) and the pavement surface that it
is on (PCCP or AG) 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 Markines 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 all lose 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 in 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 of pavement surface width on either side of a former lane line and all of the 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" hack 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 1 www.goedyearez.gav I Page 50 of 71
CITY OF GOODYEAR
Office of Procurement
190 N. Litchfield Road
P.G. Box 5100
Goodyear, AZ 85338
v'T'v'
Gvodyeor
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 if authorized by the City the contractor shall begin an effort to
blend the appearance of the pavement surface where the markings where removed to the appearance of the
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.
If a high pressure water blaster pavement marking removal truck is used the fallowing general criteria is
anticipated: for pavement marking a narrow removal head with a vehicle velocity of two 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 of between 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 of the contractor to gather and provide for the disposal of all removed materials
in approved landfills.
5olicitatlon No: IFS 18-4140 1 www.goodyearaz.gov I Page 51 of 71
GCITYOf r
CITY OF GOODYEAR
Ot'f'ice of Procurement
190 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
Phone: 623-882-7834
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: tFB 18-4140 1 www.gowyear4z.gov I Page 52 of 71
�70�TMLiLiy�lr
CITY OF GOODYEAR
Office of Procurement
190N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
Phone: 623-$$2-7834
Scope of Work
new work that is done beyond the approved Contract Work Order/Contract Purchase Order will not bee] igible
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. I 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 Iane shall be defined as ten (10) feet of roadway with a safe motor vehicle operating
speed of twenty-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.
Sokitatior, NoIFB 18-4140 1 www.goodyearaz.gov f Page 53 of 71
'610.,
G66ayear
CITY OF GOODYEAR
Office of Procurement
190 N. Litchfield Road
P.O, Box 5100
Goodyear, AZ 85338
Phone: 623-882-7834
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 of Goodyear 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 major signalized
intersection, police officer assisted traffic control is not required.
Measurement for payment of the uniformed off -duty Goodyear police officer hours will be
made by the actual number of man-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 GOODY -EAR 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. I.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 of the shadow vehicle will be included in the cost of the striping.
6.1.12 General Process
Before proceeding with the contract, the contractor will be required to develop typical 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 Streetsfrraffic 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 warding signs stating "WET PAINT" shall be placed at a minimurn of one mile
Solicitation No: IFB 18-4140 1 www.goodyeaiaz.gov I Page 54 of 71
11
4u,6ZO
Go6.8year
CITY OF GOODYEAR
Office of Procurement
190 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
Phone: 623-892-7834
Scope of Wont
intervals (f) throughout the restriping area. These signs shall be placed in both directions if the
roadway is two-way.
5.1.13 Other Provisions
Ifany condition exists which, in the judgment of the 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 notify the City inspector immediately prior 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 sole judge of serviceability of traffic
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 of traffic control devices.
The contractor shall not store any tragic control devices within thirty (30) feet of the 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 of placement on each vehicle shall be included
in the Moving Pavement Marking Operation Traffic Control flan. 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.
5aIldtation No: IFB 18-4140 1 www.goodyearaz.gov I Page 55 of 71
.1
Alltai,6ZO
a*
CWTyr
CITY OF GOODYEAR
Office of Procurement
190 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
Phone: 523-882-7834
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).
Retrorefleetive signs are required for all warning signs.
7. EQUIPMENT
The contractor shall provide and maintain during the entire period of this contact, equipment sufficient in
number, operational condition and capacity to efficiently perform 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 marling work under traffic shall be equipped with self-contained
flashing arrow panels_
Vehicles used an 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 of truck 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 spray jets 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 of pavement markings. The application equipment
Solicitation No: IFS 18-4140 1 www.goodyearaz.gov I Page 56 of 71
G0606 year
CITY OF GOODYEAR
Office of Procurement
190 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
Phone: 623-882-7834
Scope of Work
shall be mobile and maneuverable to the extent that straight lines can be followed and normal curves can be
made in a true are. The equipment operator shall be located in such a position as to enable bill 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 of persons 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 evenly distributing glass beads to the required application
rate immediately after the application of the pavement marking material. Additionally, the bead dispenser shall
dispense the beads in such a matter that they shall embed in the surface of the marking materials to an anchoring
depth of from 55% to 66°/o of the 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 serviceability 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, if necessary, to accurately determine the pay item quantities. Failure of the 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 of the glass beads can be monitored. The bottom of the shroud shall be mounted within two to three
inches of the pavement surface and shall be configured to allow for even distribution of glass beads on the
applied markings.
Solicitation No7 IFB 18-4140 1 www.goodyearaz.gov I Page 57 of 71
�110..
CITY OF GOODYEAR
Office of Procurement
190 N. Litchfield Road
,>�
d,11640
P.O. Box 5100
P70Goodyear,
A7 85338
Goodyear
Seape o 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 of Health Services or other authorities having jurisdiction 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. Fisting of manufacturers 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 of materials.
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, if not 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: iF8 18-4140 1 www.goodyeariz.gov I Page 58 of 71
.
Goodyear
CITY OF GOODYEAR
Office of Procurement
1441v. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
Phone: 623-882-7834
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 CiWs Daily Work and
Quantities Report, Exhibit I 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. An 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 of 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. WORD 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 5, 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 1 www.goodyearaz.gov I Page 59 of 71
'�
CITY OF GOODYEAR
Office of Procurement
190N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
Scope of Work
Phone: 623-882-7834
Goo year
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
■ Thermoplastic 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 wiII be termed, for the purpose of this contract, as the expected pavement marking life
times.
If there 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 1 www.goodyearaz.gov I Page 60 of 71
TZ
ci 6
Goodyear
CITY OF GOODYEAR
Office of Procurement
190 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
Phone: 623-882-7834
Fee Schedule
For the purposes of determinina 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: Luna Line L
Line No.
Item No.
Description
Unit
Level I
Level 11
Level III
l
WPM-LL-1
4" wide white line with Class I Paint
& $ pounds of std. beads
L. Ft.
$
$
$
2
WPM-LL-2
4" wide yellow line Class I Paint & 8
pounds of std. beads
L. Ft.
$
$
S
3
WPM-LL-3
Marking Layout
Hr.
$
$
$
Category: Waterborne Paint Markings (WPM)
Work Type: Shorty Line (SL)
Line No,
Item No.
Description
Unit
Level I
Level 11
Level III
1
WPM-SL-I
White Curb Painting With Glass
Sq.
S
$
S
Beads includes preparation of surface
Ft.
2
WPM-SL-2
Yellow Curb Painting With Glass
Sq.
S
$
S
Beads includes preEaration of surface.
Ft.
3
WPM-SL-3
Single Head Arrow Legend
Ea.
$
S
(15 wet mils, Class I Paint with 8
pounds per gallon of beads)
4
WPM-SL-4
Two Headed Arrow Legend (15 wet
Ea.
$
S
$
mils, Class 1 Paint with 8 pounds per
gallon of beads)
5
WPM-SL-5
Bike Lane Symbol (15 wet mils, Class I
Ea.
S
$
$
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: IF6 18-414G I www.goodyearaz.gov I Page 61 of 71
T
��
Govcly+ear
CITY OF GOODYEAR
Office of Procurement
190 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
Phone: 623-882-7834
Fee Schedule
Category: Thermoplastic Markings (TAM)
Work Type: Long Line drocarbon LL
Line No.
Item No.
Description
Chit
Level I
Level II
Level III
1
THM-LL-1
4" Wide by 40 mil. Thick White Line
L. Ft.
$
$
$
S ra )
2
THM-LL-2
4" Wide by 40 mil. Thick Yellow Line
L. Ft.
$
$
$
(Spray)
3
THM-LL-3
12" Wide by 40 tnil. 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.
$
S
$
(Ribbon Extrusion With Premium Bead
Blend)
8
THM-LL-9
12" Wide by 80 miI. 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-I I
Marking Layout and Installation of
Hr.
$
$
$
Contractor Furnished Raised Marker
Tabs, Per the MIJTCD or Engineering
Design Guidelines as directed by the
lCity
Category: Thermoplastic Markings (THM)
Work Type: Short Line (Alkyd Only) (SL
Line No.
Item No.
Description
Unit
Level I
Level ❑
Level Ill
1
THM-SL-1
6" Wide x 2' Line by 90 mil. Thick
White Line
Ea.
$
$
$
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.
S
$
$
6
THM-SL-6
90 Mil. Straight Arrow Symbol
Ea.
$
$
$
7
THM-SL-7
90 MR. 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 1 www.goodyearaz.gov I Page 62 of 71
.�
CITY OF GOODYEAR
Office of Procurement
190 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
GGDa]IeOI"
Fee Schedule
Phone: 623-882-7834
10
THM-SL-10
90 Mil. Bike Lane Symbol
Ea.
$
S
$
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
Width Line
L. Ft.
$
$
$
17
THM-SL-17
Application of Primer/Sealer for any
Legend or Symbol
Ea.
$
$
$
Category: Profile Thermoplastic Markings (PFTM)
Work Type: Long Line Only
Line No.
Item No.
Description
Unit
Level I
Level II
Level III
1
PFTM-LL-1
4" Wide White Profile Thermoplastic
Pavement Markin
L. Ft.
NIA
$
$
2
PFTM-LL-2
4" Wide Yellow Profile
Thermoplastic Pavement Marking
L. Ft.
NIA
$
$
3
PFTM-LL-3
Application of Primer/Sealer
L. Ft.
NIA
$
$
4
PFTM-LL-4
Marking Layout
Hr.
NIA
$
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 L
Line No.
Item No.
Description
Unit
Level I
Level II
Level III
1
PMR-LL-1
Removal of PCCP cure compound for
any width line
L. Ft.
$
$
$
2
PMR-LL-2
Removal of PCCP cure compound for
any s bol or legend
Ea.
$
$
$
3
PMR-LL-3
4" To 6" Wide Thermoplastic/Tape
Line on PCCP
L. Ft.
$
$
$
4
PMR-LL-4
4" To 6" Wide Thermoplastic/Tape
Line on AC
L. Ft.
$
$
$
5
PMR-LL-5
4" To 6" Wide Paint Line on PCCP
L. Ft.
$
$
S
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-S
4" " To 6" Wide Epoxy Line on AC
L. Ft.
$
S
$
Solicitation No IFB 98-4140 1 www.goodyearaz.gov I Page 63 of 71
Office of Procurement
CITY OF GOODYEAR
190N. Litchfield Road
P.Q. Box 5100
Goodyear, AZ 85338
Goodyear
Fee Schedule
Phone: 623-882-7834
9
PMR-LL-9
Pavement Surface Blending
Sq. Ft.
$
$
$
10
PMR-LL-10
Surface Preparation 6" To 12" Wide
L. Ft.
$
$
$
Line
i 1
PMR-LL-I1
Asphalt Slurry Seal Type 11—
Sq.
$
S
S
Obliterated Road Marking Sealant
Yd.
(MAG Section 460.2)
Category: Removals and Surface Preparation (PMR or SP)
Work Type- Short Line (SL
Line No.
Item No.
Description
Unit
Level I
Level 11
Level III
1
PMR-SL-1
Removal of PCCP cure compound for
any width line
L. Ft.
$
$
$
2
PMR-SL-2
Removal of PCCP cure compound for
an s bal or legend
Ea.
$
$
$
3
PMR-SL-3
4" To 6" Wide Thermoplastic/Tape
Line on PCCP
L. Ft.
S
$
$
4
PMR-SL-4
4" To 6" Wide Thermoplastic/Tape
Line on AC
L. Ft.
$
S
$
5
PMR-SL-5
4" To 6" Wide Epoxy Line
L. Ft.
$
$
$
6
PMR-SL-6
Thermoplastic/Tape/Epoxy Legend (I
Letter)
Ea.
$
$
$
7
PMR SL-7
TherrnoplasticlTapelEpoxy Symbol
Ea.
$
S
S
8
PMR-SL-8
Painted Legend (1 Letter)
Ea.
$
S
$
9
PMR-SL-9
Painted Symbol
Ea.
$
$
$
10
PMR-SL-I0
Surface Preparation 4" To 6" Wide
Line
L. Ft.
$
S
$
11
PMR-SL-1 I
Surface Preparation Symbol
Ea.
$
$
$
12
PMR-SL-12
Surface Preparation Legend (1 Letter)
Ea.
S
$
S
13
PMR-SL-13
Asphalt Slurry Seal Type II —
Obliterated Road Marking Sealant
MAG Section 460.2
Sq,
Yd.
$
$
$
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 18-040 1 www.gwdyeaiaz.gov I Page 64 of 71
Office of Procurement
.�
CITY of GOODYEAR
190N. Litchfield Road
P.Q. Box 5100
Goodyear, AZ 85338
error
Goodyear
Fee Schedule
Phone: 623-882-7834
2. Contractor Licensin Re uirements:
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_
License Number:
Type:
Expiration:
3. Delivery,
Bidder states that the item(s) will be delivered within
delivery schedule shall include any time for shipping.
4. Emergency Twenty -Four Hour Service Contact
Name
Telephone Number
Alternate Contact
Telephone Number
calendar days after receipt of order. This
Solidtatron No: IFB 16-4144 1 www.goodyearaz.gou I Page 65 of 71
A�
CITY OF GDGDYEAR
Office of Procurement
190 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
error
Goodyear
Fee Schedule
Phone: 623-882-7834
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
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 1 Paint with 8 pounds
per gallon of beads)
THM-LL-4
4" Wide by 80 mil. Thick White
L. Ft.
1,000
Line (Ribbon Extrusion)
THM-SL-5
90 mil. Turn Arrow SyrnM
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 Markin
PMR-LL-5
4" to 61' Wide Paint Line on PCCP
L. Ft.
500
WPM-SLr1
Yellow Curb Painting With Glass
Sq, Ft.
250
Beads
Total
Solicitation No: IFB 18-4140 1 www.goodyearaz.gov I Page 66 of 71
.
CITY OF GOODYEAR
Office Procurement
190 N. Litchfield Road
Li
P.O. Box 5100
EXHIBIT 1(SAMPLE)
Goodyear, AZ 85338
Goodyear
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 of Activities Paint 1 Thermoplastic 1 Epoxy 1 Preformed Tape I Removal/Preparation
Street Name. From to Street Direction
Street
Street to Street Direction
Other Location Reference (cross streets, TIs)
C. Description of Wort: Done (edgeline, lane lines, centerlines, curbs, crosswalks, stop bars, legend,
arrows):
D. Equipment Used (long Iine paint truck, hand cart, etc.):
solicitation No: IFH 18-4140 1 www.goodyearaz.gov I Page 68 of 71
.
CITY OF GOODYEAR
Office Procurement
I90 N. Litchfield Road
Li
AT
P.O. Box 5 I00
EXHIBIT I(SAMPLE)
Goodyear, AZ 85338
Orr OF
Good ear
Sample Daily Work Quantities Report
Phone; 623-882-7834
E. Materials Used:
Gallons of White Paint
Gallons of Yellow Paint
Type and Pounds of Glass Beads
50 lb Bags of White Thermo (Hydro)
501 Bags of Yellow Thermo (Hydro)
Type and Pounds of Glass Beads
50 lb Bags of White Thermo (Alkyd)
50 lb Bags of Yellow Thermo (Alkyd)
Linear Feet of PCCP Cure Removed
Gallons of Primer for Thermo Used
No. of Legend/Symbol PCCP Cure
Removed
Gallons of Epoxy
Type and Pounds of Glass Beads
Long Lime Tape Placed (SQ. FT.)
Gallons of Contact Cement Used
Gallons of Primer Used
Transverse Tape Placed (SQ. FT.)
Legends Placed (each)
Symbols Placed (each)
Other
Other
Other
Manufacturer/Lot #
Manufacturer/Lot #
Manufacturer/Lot #
ManufacturerlL.ot #
Manufacturer/Lot #
Manufacturer/Lot #
Manufacturer/Lot #
Manufacturer/Lot #
Manufacturer/Lot #
Manufacturer/Lot #
Manufacturer/Lot #
Manufacturer/Lot #
Manufacturer/Lot #
Manufacturer/Lot #
Manufacturer/Lot #
Manufacturer/Lot #
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Manufacturer/Lot #
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Manufacturer/Lot #
5aiicitatian No: IFB 18-4140 1 www.goodyearaz.gov I Page 69 of 71
CITY OF GOODYEAR
Office of Procurement
190 N. Litchfield Road
P.Q. Box 51t}0
%ay
EXHIBIT l(SAMPLE)
Goodyear, AZ 85338
tirr
Goot>Ir
Sample Daily Work Quantities Report
Phone: 623-882-7834
T. On Road►ray Quantity
Calculations
No-
Item No.
Location
Reference
Quantity References/Counter
Readin Calculations
TotalsfUriits
1
2
3
1
7
6
7
8
9
10
J. Comments:
Use additional sheets as necessary. Traffic Control is to be reported on a separate report.
Contractor Signature
DATE
COG Inspector Signature
DATE
Solicitation No: 1F8 18-4140 1 www.goodyearaz.gov I Page 70 of 71
+�
CITY OF GOODYEAR
Office of Procurement
190 N. Litchfield Road
cirft;6aye"ar
G60
P.O. Box 5100
Goodyear, AZ 85338
Phone:623-882-7834
EXHIBIT 2
References
Please list a minimum of three (3) references from clients similar to the City of Goodyear whom the City
may contact:
1.
Company:
D G&A r, f
Contact:
A
Phone:
I _
Address:
t- ,4Uc. p A S IZ.�
Description
of Work:
PA,A,,t �t A 1 4
Annual Value:
; 0, O� D
2
Company:
f'IF
Contact:
M A Ry t 4 m I
Phone:
p- "7`7 - 9 $ i �?
Address:
1 S 5.
Description
of Work:
A'4 �.a AL R+�E�S � Gr+A
-
>('�l arty, ►�6 A,4.p 5 C. -I^6�6
Annual Value:
�Sd pp
3.
Company:
CAc-ius A5 -7
Contact:
►J`` £C-M 1phone-
Address:
11 V). SH EALMAr] SY , -r,, ug ,j S3 S 3
Description
of Work:
P4k\)1r-AkCtkq
Annual Value:
i -Lav 00Q
Solicitation No; IFB 18-4140 1 www.goodyearaz.gov I Page 71 of 71
oalr.1 ,4At—
4.5
Solicitation Amendment No. 1
Solicitation No. 18.4140
Solicitation Due Date: 2/1/2018
Time: 3.00 om (Arizona Time)
Office of Procurement
190 N. Litchfield Road
P,O. Box 5100
Goodyear. AZ 85338
Phone 623-882-7834
Pavement Marking Services — Instal lationiRernoval
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 I tern #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 (IF13).
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 40, delete item 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 small 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 systems 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
G6&lyeor
Solicitation Amendment No. 1 Office of Procurement
190 N Litchfield Road
Solicitation No. 18-4140
Solicitation Due Date. 2/1 /2018
Time: 100 pm (Arizona Time)
P.O Box 5100
Goodyear, AZ 85338
Phone 623-882-7834
The profile pavement markings will typically be placed over existing pavement markings. The
starting and stopping points for the new tines over the existing lines shall not vary more than two
(2) inches lengthwise and not more than 112 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) +1- 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 of vehicle travel. The
nominal height of the bump shall always be one half inch. The bumps shall be placed at 10 inch
(+1- 1) inch intervals as measured between the centers of the 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.
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
bumpy at the specified thickness, width and configuration can be consistently achieved within the
given tolerances. Upon cooling to normal pavement temperature, this material shalt produce an
adherent reflectcrized marking of the specified pattern that is capable of resisting deformation and
wear by a roadway environment.
Page 2 of 11
4v
RG66aO-07".
ye❑ r
Solicitation Amendment No. 1
Solicitation No. 18-4140
Solicitation Due Date: 211 /2018
Time: 3.00 pm (Arizona Time)
i
Office of Procuremeni
190 N. Litchfield Road
P.C. Box 5100
Goodyear, AZ 85338
Phone, 623-882-7834
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. -
Binder [hydrocarbon or alkyd]
White Pigment
Yellow Pigment
Reflective glass inter -mix beads
Percent by Weight
White Yellow
15 min. 15 min.
8 min.
2 min.
20 min. 20 ruin.
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 Pigment
The white pigment shall be Titanium dioxide and shall conform to the requirements of ASTM D-
476 for Type II (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.
4.5.5 Physical 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
array 85338
Solicitation Due Date: 2/1/2018 Goodyear, -8 2-783
�odyear Phone: fi23-882-7834
Time: 3:00 pm (Arizona Time)
4.5.7 Color
The thermoplastic material, after heating for four hours +l - five minutes at 425 +1- 3 degrees F
and cooled to 77 +1- 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 monei
panel (thickness 0.050 = +l- 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 ❑92 "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
tuo
190 N. Litchfield Road
P.O. Box 5100
Solicitation No. 18-4140
Goodyear, AZ 85338
CITY
Solicitation Due Date: 211/2018
Phone: 623-882-7834
GGOdj/B%Or
lime: 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
Noe item No. LinDescription
Unit
Level
Level
L jllel
PFTM-LL-1
4" Wide White Profile Thermoplastic Pavement
Marking
L Ft.
NIA
1 I�
PFTM-Ll--2 MaW;dg Yellow Prattle Thermoplastic Pavement
L. Ft.
0
PFTM-LL-3 pplication of Primer/Sealer
L. Ft.
NIA
®®
®
PFTM-LL-4
Marking Layout
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 II bid item? There were
no bid specifications on this Item.
Response 5: Type II 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
i
Solicitation Amendment No. I Office of Procurement
AITV490 190 N. Litchfield Road
Solicitation No. 18-4140 P-0. Box 5100
Solicitation Due Date: 2/1/2018 Goodyear, AZ 85338
cirrr i Phone: 623-882-7834
GoDody£cr 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 I TC-1 ILaw Enforcement Officer with Vehicle Hr. $
RPnlarA:3 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
City of Goodyear
B�
Approved as to forvn
BY:
� t
Ja ue ' hrens, PPB
Roric Massey, City Attomey
Acknowledgement by Contractor
Contractor hereby acknowledges receipt and understanding of the above amendment. Contractor
shall sign and return with their submittal.
r
Date: i 13 o I l
Page 6 of 11
1 1�
CITY OF GOODYEAR
Office of Procurement
190 N. Litchfield Road
P.G. Box 5100
Goodyear, AZ 95338
Cogdyear
REVISED Fee Schedule
Phone: 623-882-7834
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
I. PAVEMENT MARKING INSTALLATION AND/OR REMOVAL
Category: Waterborne Paint Markings (WPM}
Work : Long Line L
Line No.
Item No.
Description
Unit
Level I
Level H
Level III
1
WPM-LL-1
4" wide white line with Class I Paint
& 8 ands of std. beads
L. Ft.
$
$
$
2
WPM-LL-2
4" wide yellow line Class I Paint & 8
pounds of std. beads
L. Ft.
$
$
$
3
WPM-LL-3
Marling Layout
Hr.
1
$
$
Category: Waterborne Paint Markings (WPM)
Work Type: Short Line (SL)
Line No.
Item No.
Description
Unit
Level I
Level H
Level IH
1
WPM-SL-1
White Curb Painting With Glass
Sq.
$
$
$
Beads includes pre aratian 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 1 Paint with 8
ands per allon ofbeads
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-S
Bike Lane Symbol (15 wet mils, Class I
Ea.
$
$
$
Paint with 8 pounds per gallon of
beads)
5
WPM-SL-6
Single Letter Legend (15 wet mils,
Ea.
$
$
$
Class I Paint with 8 pounds per gallon
of beads)
7
WPM-SL-7 I
Marking Layout
Hr.
$
$
$
5ollckahoo No. {FB 16-4140 1 www.goodyearaz.gov Page 7 of 11
�r
Gaodyea r
CITY OF GGGDYEAR
REVISED Fee Schedule
Office of Procurement
190 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 95338
Phone: 623-882-7834
Category- Thermoplastic Markings (THM)
Work Type: Short Litre (Alkyd Only) (SL)
Line No.
Item No.
Description Unit
I Level I
Level 1I
Level M
1
THM-SL-1
6" Wide x 27 Line by 90 mil. Thick Ea.
White Lille
S
S
$
2
THM-Sl,-?
6" Wide by 60 mil. Thick White Line
L. Ft.
$
S
S
3
THM-SL-3
12" Wide by 90 mil. Thick White Line
L. Ft.
$
1 $
$
4
5
T14M-Si.-4
19" Wide by 90 mil. Thick White Line
L. Ft..
$
$
$
THM-SL-5
90 Mil. Turn Lane Arrow Symbol^
Ea.
$
$
$
6
THM-SL-6
90 Mil. Straight Arrow Symbol
Ea.
$
$
$
7
Tf-M4-SL-7
90 Mil. Combination Arrow Symbol
Ea.
$
S
$
S
THM-SL-8 90 Mil. U-Turn Arrow Symbol
Ea.
$
$
9 THIN-SL-9 190 Mil, Lane Drop Arrow Symbol
Ea.
$ $
$
10
THM-SL-10
90 Mil, Bike Lane Symbol
Ea.
$ $
S
1 i THM-SL-11
90 Mil. Cross Street Symbol
Ea.
S
S
$
1?
THM-SL-12
Four Letter Legend (90 mil)
Ea.
$
S
$
13
THM-SL-13
90 Mil Railroad Crossing Symbol
Ea.
$
$
S
14
Tf 1 M-SL-14
Single Letter Legend (90 mil)
Ea.
$
$
S
15
THM-SL-15
Marking Layout
Hr.
$
S
$
16
THM-SL-16
Application of Primer/Sealer for any
Width Line
L. Ft.
$
S
$
17
THM-SL-17
Application of Primer/Sealer for any
Legend or Symbol
Ea.
$
$
$
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.
Soliolation No7 IFS 18-4140
www.goodyearaz.gov
Page 8 of 11
CITY OF GOODYEAR
REVISED Fee Schedule
Office of Procurement
190 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
Phone: 623-882-7834
Category: Removals and Surface Preparation (PMR or Sr)
Work e: Long Line LL
Line No.
Item No.
Description
Unit
Level. l
Level 13
Level ID
I
PMR-L1 r 1
Removal of PCCP cure compound for
any width line
L. Ft.
$
$
$
2
PMR-LL-2
Removal of PCCP cure compound for
any symbol or le end
Ea.
$
$
$
3
PMR-LL-3
4" To 6" Wide ThermoplasticlTape
Line on PCCP
L. Ft.
$
$
$
4
PMR-LL4
4" To 6" Wide Thermoplastic/Tape
Line on AC
L. Ft.
$
$
$
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.
$
$
$
9
PMR-LL-9
Pavement Surface Blending
Sq. Ft.
$
$
$
10
PMR-LL-10
Surface Preparation 6" To 12" Wide
Line
L. Ft.
$
$
$
I 1
PMR-LL-1 I
Asphalt Slurry Seal Type II —
Obliterated Road Marking Sealant
(MAG Section 4602
Sq.
Yd.
$
$
$
Category. Removals and Surface Preparation (PMR or SP)
Work Type: Short Line SL
Line No.
Item No.
Description
Unit
Level l
Level II
Level III
1
PMR-SL-1
Removal of PCCP cure compound for
any width line
L. Ft.
$
$
$
2
PMR-SL-2
Removal of PCCP cure compound for
any symbol or legend
Ea.
$
$
S
3
PMR-SL-3
4" To 5" Wide Thermoplastic/Tape
Line on PCCP
L. Ft.
$
$
$
4
PMR-SL-4
4" To 6" Wide Thermoplastic/Tape
Line on AC
L. Ft.
$
$
$
5
PMR-SL-5
4" To 6" Wide Epoxy Line
L. Ft.
$
$
$
d
PMR-SL-6
Thermoplastic/Tape/Epoxy Legend (1
Letter)
Ea.
S
$
$
7
PMR-SL-7
ThertnoplasticlTape/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 5" Wide
Line
L. Ft.
$
$
$
Solicitation No, iF8 1a-4140 www.goodyearaz.gov Page 9 of 11
CITY OF GGDDYEAR
Office of Procurement
190 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
G&Mylear
REVISED Fee Schedule
Phone; 623-882-7834
11
PMR-SL-I 1
Surface Preparation Symbol
Ea.
$
$
$
12
PMR-SL-12
Surface Preparation Legend (1 Letter)
Ea.
$ 1
$
$
13
PMR-SL-13
Asphalt Slurry Seal Type II—
Sq.
$
$
$
Obliterated Road Marking Sealant
Yd.
(MAG Section 450.2)
Category: Traffic Control
Work e: Any or ail Work es
Line No.
Item No.
Deserii lion
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 Licensine 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:
CIass: Type --
License Number:piratiati.
3. Delivery:
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. Emervency Twenty -Four Hour Service Contact
Name
Telephone Number
Alternate Contact
Telephone Number
Solicitation No: {F8 iB-4140 I www.goodyearaz.gov Page 10 of 11
CITY OF GOODYEAR
Office of Procurement
190 N. Litchfield Read
P.D. Box 5100
Goodyear, AZ 85338
GMyecair
REVISED Fee Schedule
Phone: 623-882-7834
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.
ITEM
NO.
BID PRICING
DESCRIPTION
UNIT
OTY
UNIT
PRICE
TOTAL
WPM-LL-1
4" wide white line with Class I Paint
& $ pounds of std, beads
L. Ft.
1,000
WPM-LL-3
Marking Layout
Hr.
40
WPM-SL-3
Single Head Arrow Legend (15 wet
mils, Class I Paint with 8 pounds
r gallon of beads
Ea.
15
THM-LL-4
4" Wide by 80 mil. Thick White Line
Ribbon Extrusion
L. Ft.
1,000
THM-SL-5
90 mil. Turn Arrow Symbol
Ea.
15
PFTM-LL-4
Marking La out
Hr.
20
THM-SL-3
12" Wide by 90 mil. Thick White
Line
L. Ft.
250
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
Beads
Sq. Ft.
250
Tchai
Solicitatlon No: iFB 1$-4140 www.goodyearaa.gav Page 11 of 11
1�
Solicitation Amendment No. 2
Office of Procurement
190 N. Litchfield Road
Solicitation No. 16-4140
P.O. Sox 5100
G�"��r
Solicitation Due Date. 2111201$
Goodyear, AZ 85338
Phone: 623-882-i$34
Time: 3:00 pm (A; hone Time)
Pavement Marking Services - Installation/Removal
See attached REVISED Pee Schedule 42. 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 I Approved as to form 1
1 By. By. �Z- f
Jacque Behrens, CPPB I Roric Massey, City Attorney
Acknowledgement by Contractor
Contractor hereby acknowledges receipt and understanding of the above amendment. Contractor
shall sign and return with their submittal.
Contractor Signature:
Date:
Page 1 of 7
CRr� r,
CITY OF GOODYEAR
Office of Procurement
190 N. Litchfield Road
P.Q. Box 5100
Goodyear, AZ 85338
Phone; 623-882-7834
REVISED Fee Schedule #2
For the purposes of determining the lowest cost, the CitX 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: p . ( %
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 ANDIORREMOVAL
Category: Waterborne Paint Markings (WPM)
Work : Long Line
Line No.
Item No.
Description
Unit
Level I
Level II
Level M
1
WPM-LL-1
4" wide white line with Class I faint
& 8 pounds of std. beads
L. Ft.
$ ' ! 1
$ .� l
$ , l o
2
WPM-LL-2
4" wide yellow line Class I Paint & 8
ands of std. beads
L. Ft.
$ .' `
$ 1
•
$ ' { Q
3
WPM-LL-3
Marking Layout
I-"'•
$ Ilse-
$ Y 15 0°
$ I'Z5 °°
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 aration of surface
Ft.
Z. so
Sa
• 50
2
WPM-SL-2
Yellow Curb Painting With Glass
Sq.
$
$
$
Beads includes preparation of surface.
Ft.
'Z •
2. Sa
1.5 a
3
WPM-SL-3
Single Head Arrow Legend
Ea.
S
$
$
(15 wet mils, Class I Paint with 8
�•�
S-0ao
pounds per gallon of beads)
4
WPM-SL-4
Two Headed Arrow Legend (15 wet
Ea.
$
$
$
mils, Class I Paint with 8 pounds per
?5 m
—rS oe
-r 5 ao
gallon of beads
5
WPM-SL-5
Bike Lane Symbol (IS wet mils, Class I
Ea.
$
$
S
Paint with 8 pounds per gallon of
meads)
6
WPM-SL-6
Single Letter Legend (15 wet mils,
Ea.
$
$
$
Class I Paint with 8 pounds per gallon
av
of beads)
7
WPM-SL-7
Marking Layout
Fir,
$
$1
$
S •
IZS.°p
Solicitation No: 1FB 18-4140 1 www.gDodyearaz.gov I Page 2 of 7
CITY OF GOODYEAR
Office of Procurement
190 N. Litchfield Road
P.O. Box 5100
Goodyeax, AZ 85338
GOGdr
REVISED Fee Schedule #2
Phone: 623-882-7834
Category: Thermoplastic Markings (TE Mj
Work Type.- Long Line d
Line No.
Item No.
Description
Unit
Level I
Level II
Levet In
1
THM-LL-1
4" Wide by 40 mil. Thick White Line
L. Ft.
$.�$
$
5
S ra
.
-Zg
2
THM-LL-2
4" Wide by 40 mil. Thick Yellow Line
L. Ft.
$
$
$
(spray)
3
TI-IM-LL-3
12" Wide by 40 mil. Thick White Line
L. Ft..
$
C�S
$
$
(Splay)
.
.�
.95
4
THM-LL-4
4" Wide by 80 mil. Thick White Line
L. Ff.
$
$
$
3
(Ribbon Extrusion)
.3 ,
.3
5
THM-LL-5
4" Wide by 80 mil. Thick Yellow Line
L. Ft.
$
$
Ribbon Extrusion)
• 36
.3�
-3
6
TT- M-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 Dead
Sy
- ��
S❑
Blend)
8
THM-LL-8
12" Wide by 80 mil. Thick White Line
L. Ft.
S
$
$
(Ribbon Extrusion)
9
THM-LL-9
Application of Primer/Sealer
L. Ft.
10
Tl M-LL-10
Raised Pavement Markets
Ea.
$ �$
S
$ a •75
11
THM-LL-I I
Marking Layout and Installation of
Hr.
$
$
$
Contractor Furnished Raised Marker
Tabs, Per the MUTCD or Engineering
300r&+
31
3 00.00
Design Guidelines as directed by the
City
Category: Thermoplastic Markings (THM)
Work e: Short Line (Alkyd Only) SL
Line No.
Item No.
Description
Unit
Level IILev
el II
Level III
1
THM-SL-1
6" Wide x 2' Line by 90 mil. Thick
White Line.
l a.
S
��2
$
THM-SL-2
6" Wide by 60 mil, Thick White Line
L. Ft.
$ .,4 S
.4S
$ -L
3
THM-SL-3
12" Wide b 90 mil. Thick White Line
L. Ft.
$ 54
THM-SL-4
18" Wide b 90 mil. Thick White Line
L. Ft.
$ 1.'1S
1.7
$ o
5
THM-SL-5
90 Mil. Turn Lane Arrow Symbol
Ea.
$ 1 l 4
S
� tom-
6
THM-SL-6
90 Mil. Straight Arrow Symbol
Ea.
$ 110,
S f o,�o
7
TIPA-SL-7
90 Mil. Combination Arrow Symbol
Ea_
8
fP -ST 8
90 Mil. U-Turn Arrow Symbol
Ea.
9
THM-SL-9
90 Mil. Lane Drop Arrow Symbol
Ea.
oa
10
THIN-SL-10
90 Mil. Bike Lane Symbol
Ea.
$ 115.
S [-75.—
$ i 5o.0O
Solicitation No: IFB 18-4140 1 www.goadyearaz.gov I Rage 3 ❑f 7
1T
�7GanJ.
CITY OF GOODYEAR
Office of Procurement
I90 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
Phone: 623-882-7834
REVISED Fee Schedule #Z
11
THM-SL-11
90 Mil. Cross Street Symbol
Ea.
$ i5om
S ISd?O
$ �a
I
12
THM-SL-12
Four Letter Legend (90 miI)
Ea.
$ 5au'
$ 15Q.'�
S
13a.°°
13
THM-SL-13
90 Mil Railroad Crossing Symbol
Ea.
$ ti*
1�5,
$
195.13'
$
i IRS.°o
14
THM-SL-14
Single Letter Legend (90 mil)
Ea.
$ 5ao,
$ So. °a
$H 0.Go
15
THM-SL-15
Marking Layout
Hr.
$125 e0
S
'L5 -
16
THM-SL-16
Application of Primer/Sealer for any
Width Line
L. Ft.
$
. t (I
$
. 16
$
17
THM-SL-17
Application of Primer/Sealer for any
Le end or Symbol
Ea.
$
?S.0
$
?_5.�
$
Note:
The minimum quantity of any pro&ie 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 RMFI or SP)
Work Type: Long Line
Line No.
Item No.
Desc ' tiaa
Unit
Level I
Level II
Level III
1
PMR-LL-1
Removal of PCCP cure compound for
L. Ft.
$
$
$
any width line
a
.40
2
PM1- LL-2
Removal of PCCP cure compound for
Ea.
$
$
$
any symbol or le end
�5.00
3
PMR-LL-3
4" To 6" Wide Thermoplastic/Tape
L. Ft.
$
$
$
Line on PCCP
. 95
.4 5
.4o
4
PMR-LLA
4" To 6" Wide nermoplasticlTape
L. Ft.
$
$
$
Line on AC
•4 5
.4 5
5
PMR-LL-5
4" To 6" Wide Paint Line on PCCP
L. Ft.
S . ,3$
$ _ 3<6
$ . 3
6
PMR-LL-6
4" To 6" Wide Paint Line on AC
L. Ft.
S .3�
$ .3�
$ . 3 4
7
PMR-LL-7
4" To 6" Wide Epoxy Line on PCCP
L. Ft.
$ 5
$ . L 5
$ . 4 to
8
PMR-LL-8
4" " To 6" Wide Epoxy Line on AC
L. Ft.
$
$ r�
$
' yr�
0
9
PMR-LL-9
Pavement Surface Blending
Sq. Ft.
$
10
PMR-LL-10
Surface Preparation 6" To 12" Wide
L. Ft,
$
$
$
Line
5 • a'
5 . vd
5- 'a
it
PMR-LL-11
Asphalt Slurry Seal Type 11—
Sq.
$
$
$
Obliterated Road Marking Sealant
Yd.
, 50.vo
15 O,va
5a v
G Section 460.2
Solicitation No: IFB 18-4140 1 www.goodyearuz.gov I Page 4 of 7
111
�4&
;dr
CITY OF GDDDYEAR
Office of Procurement
190 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
Phone: 623-882-7834
REVISED Fee Schedule #Z
Category: Removals and Surface Preparation (PM or SP)
Work : Short Line SL
Line No.
Item No.
Description
Unit
Level I
Level II
Level III
I
PMR-SL-i
Removal of PCCP cure compound for
L. Ft.
$
$
$
any width lime
•410
,0
O
2
PMR-SL-2
1 Removal of PCCP ewe compound for
Ea.
$
$
$
an s bol or Ie end
Z5,0s
—5 0°
Z5 O7
3
PMR SL-3
4" To 6" Wide Thermoplastic/Tape
L. Ft.
$
$
$
Line on PCCP
.,is
-
_ y o
4
PMR 5L-4
4" To 6" Wide Thermoplastic) rape
L. Ft.
$
$
$
Line on AC
, �s
5
PMR-SL-5
4" To 6" Wide Epoxy Line
L. Ft.
$ BLS
.
$ -�5
$
6
PMR-5L-6
Thermoplastic/Tape/Epoxy Legend (1
Ea.
$
$
$
Letter)
7,5,co
25.°°
25. oa
7
PMR-SL-7
ThermoplasticlTapelEpoxy Symbol
Ea.
$ 50.00
$ So.a°
$ Sid.°°
8
PMR-SL-8
Painted Legend (I Letter)
Ea.
$ �„
$ .� as
$ ae
9
PMR-SL-9
Painted Symbol
Ea.
S Sq Qo
$ S o � °a
$ 5 D. 00
10
PMR-SL-10
Surface Preparation 4" To 6" Wide
L. Ft.
$
$
$
Line
rj.
rj.aa
5 v4
I I
PMR-SL-11
Surface Preparation Symbol
Ea.
$
12
PMR-SL-12
Surface Preparation Legend (I Letter)
Ea,
$ 50 ,CP
$ 50�00
$ SU ,:0a
13
PMR-SL-13
Asphalt Slurry Seal Type H —
Sq.
$
$
Obliterated Road Marking Sealant
Yd.
5o a'°
15D �'
4 S ff.a0
(MAG Section 460.2
Category: Traffic Control
Work e: Any or all Work Types
Line No.
Item No.
Description
1 Unit
Unit Price
I
TC-I
13r.
$ 55.04
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.
Solicitation No: IF8 18-4140 1 www.goodyeaw-gw I Page 5 of 7
Office of Procurement
CITY OF GOODYEAR 190 N. Litchfield Road.
46%whyh'Zo_ P.O. Box 5100
Goodyear, AZ 85338
►CWWcm REVISED Fee Schedule #2 Phone: 623-882-7834
year
2. Contractor LicewWg Re uirewents:
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:C. _ Type: UAL,
License Number: 15i4j ql Expiration: 30 -2z 19
3. Delivery: !
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. Emer ac Twenty -Four Hour Service Contact
Name
Telephone Number Z - - '9l a - 2-0 4 p
Alternate Contact
Telephone Number 02 - —7 G 9 - 50'7
Salicilafian No: IFB 19-4140 www.goodyearez.gov Page 6 of 7
Office of Procuremem
CITY OF GOODYEAR 190 N. Litchfield Road
P.O. Box 5100
Goodyear, AZ 85338
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.
ITEM
BID PRICING
UNIT
QTY
UNrr
I TOTAL
NO.
DESCRIPTION
PRICE
WPM-LL-1
4" wide white line with Class I Paint &
L. Ft.
1,000
y
S pounds of std. beads
. f
I O. o0
WPM-LL-3
Muking Layout
Hr,
40
-4 +-Z5 ao
oco.co
WPM-SL-3
Single Head Arrow Legend (15 wet
Ea.
15
mils, Class I Paint with 8 pounds per
Q. oo
y 5ct
gallon of beans
THM-LL-4
4" Wide by 80 mil. Thick White Line
L. Ft.
1,000
(gibbon Extrusion
, 34
5 4 co
THM-SL-S
90 mil. Turn Arrow Symbol
Ea.
15
$ 1 ! A. 0 c
6 L 5 v . pO
THM-SL-3
12" Wide by 90 mil. Thick White Line
L. Ft.
250
d
5 0
THM-LL-11
Raised Pavement markers
Ea.
too
; 7 $
it 0�
PMR-LL-5
4" to 6" Wide Paint Line on PCCP
L_ Ft.
500
-s
WPM-SL-1
Yellow Curb Painting With Glass Beads
Sq. Ft.
250
s Z. S t3
�S• as
. _ Total
S 7 5
5aiidlation No- !FB 18.4140 w—goadyearaz.gov � Rage 7 of 7
Ewmts FuNr
A ira rF- Vally Wul-q, C—T .�
American Traffic Products, Inc.
TRAFFIC PAINT CERTIFICATION
WE CERTIFY THAT THE LATEX TRAFFIC PAINT SERIES # 180A A2 SPEC, TYPE I
MEETS THE PERFORMANCE REQUIREMENTS OF THE ADOT SPECIFICATIONS
FOR TRAFFIC PAINT AND MEETS PERFORMANCE STANDARDS OF FEDERAL
SPECIFICATION TT-9-1952E, TYPE I1.
CUSTOMER: Sunline Contracting, Inc
INVOICE DATE: 11/14/17
INVOICE #: A2989
COLOR: White & Yellow
PRODUCT #: 180AT & 186AT
BATCH #: QG10147 (Y), RCP1711YOOII (Y), QG10145 (W)
GALLONS RECEIVED: 1000 (Y) & 500 (W)
DATE OF MANUFACTURE: 2017
The undersigned has the legal authority to hind American Traffic Products Inc.
for the purpose of this certification.
SIGNED: DATE: 11— 1G --17
]ASO UNRINYAK, REGIONAL SALES MANAGER
• 4116 E Superior Ave #2 Phoenix, AZ 85040 • Office (480) 455.1700 • Fax (480) 455.1701 -
ADOT Materials TesiingGharges Date
Project o Acty
T-esi No, -Charoe Quern. = erne A�auni.
Total Charge:
¢h ARIZONA ❑EPARTMENT OF TRANSPORTATION
..(S 44.3940 ROU107 NtATERIALS GROUP (Org No. 9904)
CHEMISTRY LAB TEST CAR®
5pedlicullnns Gm erring
Lol No. f4 ❑ri inelLnLNn.
Remarks
j d!
Yei10w 0
Blue 0
lnilial
in�
Tests
Test Results
Specificafians
s
7
1 ~
A
r�
' {1
q�
-e C
ii
m 1 ot- k
R
En Nts-FLINT
ATWFr.s :ySoWf.cmcor�n;
American Traffic Products, Inc.
TRAFFIC PAINT CERTIFICATION
WE CERTIFY THAT THE LATEX TRAFFIC PAINT SERIES #180A A2 SPEC, TYPE I
MEETS THE PERFORMANCE REQUIREMENTS OF THE ADOT SPECIFICATIONS
FOR TRAFFIC PAINT AND MEETS PERFORMANCE STANDARDS OF FEDERAL
SPECIFICATION TT-9-1952E, TYPE II.
CUSTOMER, Sunline Contracting, Inc
INVOICE DATE: 11/14/17
INVOICE #-. A2989
COLOR: White & fellow
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:
]ASO UHRINYAK, REGIONAL SALES MANAGER
■ 4116 E Superior Ave #2 Phoenix, AZ 85040 o Office (480) 455.1700 • Fax (480) 455.1701 •
ADOT Materials Testing Charges Date
Project t; Ac1v
Test No, Qbwa 1e Q = Qhamo-AMQW2
Total Charge;
Tests
� � r
] i'
AMI$ONA DEPARTMENT OF TRANSPORTATION Y+Ihile
1 na-5940 RODIN MATERIALS GROUP (Org No. 9904) Yellow
Cb-�1E�1ji$STRY LAS TEST CARD a{ue �
Initi l
Recoiva l -reatcum sated MRiorini
Iden[Illeall(In Sgn plod t:.' L No•
Specificatlens Gavamfngtt 0
Los No. l Ofl foal Lab Na.
Ramaika
Test Results Specifications-
Q)�0-,J
gu r�
70 1- u -
pI C1
�' r+ t
t
V
FNNis-FLINT
CERTIFIED TEST REPORT
Re: Certification. Yellow Leadfree Alkyd Thermoplastic
Formulation Code.
Batch (Numbers:
Quantity:
Date.
885260 Y1E-5GSX-AZ
CT1712Y4315
44,000 lbs.
12/512017
Item Required Found
Composition
Binder(%)
20 Min
22.28
Glass Beads(%)
30-45
30.7
Calcium Carbonate(%)
25-45
38.6
Physical Characteristics after 4 hours
A 4251F
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
2228
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.
�:rr rIt ,'ocf
Signature
Crystal Lock
Quality Assurance Rep.
Qc 'technician
Title
200 2"d ST BAKERSFIELD GA 93305 1.800-331-8118
Eimisfumir
CERTIFIED TEST REPORT
Re' Certification, White Alkyd Thermoplastic
Formulation Code:
Batch Numbers.
Quantity,
Date.
885250 W5E-5GSX-AZ
CT1712W4398
44.000 lbs.
12/27/2017
Item Required found
Composition
Binder(%)
20 Min
20.47
Ti02(%)
10 Min
lo.2
Glass Beads(%)
30-45
30.7
Calcium Carbonate(%)
25-45
38.6
Phvsical Characteristics after 4 hours iv 425OF
Daylight Reflectance
75 Min
79.66
Yellowness Index
0.12
0.08
Specific Gravity
1.85-2.15
1.99
Softening Point
200-230OF
209.6
Intermix Glass Beads- meet the specifications for AASHTQ 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
Signature
Crystal Lock
Representative
QC Technician
Title
200 2 d ST $AKERSFIELU CA 93305 1-800-331-8118
FNNus-FLINT.
A Traffic Safety Solutions Company
January 16, 2013
American Traffic Products
1454 N Fitzgerald Avenue
Rialto, CA 92376
Order No: 00105133
Purchase Order No P17-7763
Part No: C80FH FRY 2 Way Marker RedfYellow
Quantity: 1.000
Lot No 25CG201
Date of Manufacture. March 2017
Certification State: CA
To Wham it May Concem:
Corporate Office-
ix5 odd Court
Thomasville, NC 2736o
Phone: 336.475-660e
roll Free; Soo .33-Su9
saies@ennislint_com
Hww.ennlsfiint.com
We certify that for the State of California, these markers have been inspected conform to the State of
California, Department of Transportation Standard Specifications 85-1.02C 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 reflector body is molded of acrylonitrile-butadiene-styrene and the reflective lens is
molded of polymethyl methacrylate conforming to ASTM Q788, Grade S. 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 Slue
0 degree incidence angle 3.o 1.5 0.75 1.0 0.30
20 degree incidence angle 1.2 0.50 0.30 0.4 0.12
t�.�nu ti y, rY i p tj �eq / /y
We certify that the markers meet Specific Intensity 1 year after placement per Caltrans S5 C,��r,,r
81-3.02C.
JUSTIN JENKINS
Sincerely, = GwWwdCounty
My Corn Mi ar,, Expires
Novernber22,2021
0.
CA y�
'rr,:�frrrlittui��%A
T�sha Benson State of /0- Country of
Quality Assurance Signed before me on this 1 rA day
Ennis -Flint of Jr..,V I &_ by i - q4
Notary Public-jL-S-�o
MCE: hlu -0 70 t
Corp :IrR ti Dt iot�-
.s7't �,d Eny.,
�['k r!r� „�.tr„N ray _•�5r
�+
eerrr T�i! F*C•c 3�a 33s.n__4
ENNis—r� -FLINT Sal?S:�rnr .a'rrt. ^ r
ATraffreSnfe:ySorttnr.n-, �_ar:r
July 'I 1- 201
Amertcan Traffic Prod. Ir+r
P O. Box 310215
Fontana, CA 023:31
Order No- 00095299
Project.
Purchase Order No: ' 17.7 i50
Part No C80FHER'r 2 Way Klarker Red'4'ellow
❑uant!ty 24,000
Lot No. 27CG' 01
Certification State. CA
To Whom It May Concerti.
We certify tha- for the State of California, thaso markers have been inspected conform to the State of
California. Department of Transportation Standard Specifications Serlinn 81- I .a2C dated 2015.
We Certify that the Stirnsonile pavement markers furnished against the subject order and for the subject
State were ma:,ufactured in JSA at our fa61ity in ThoniasvilIe. NC- They Iiave been inspected artd found
to be in compliance with our product speaication for Model C80FH markers and the aforementioned
State s oaupmeni marker soeafications.
We certify that the reflector body is molded of acryionitrile.butadiene-styrene and the retlertive lens is
molded of polyrnethyl methacry#ate +,_onforr ling to ASTM D788, Gracie B. The markers conform to AST1K,1
Specificatron 04280.
We certify that, after abrasion procedure. Me specific intensity of each refleclive surface a; [; degree
angle of d!vergenre me Hs or exceeds the following values -
SPECIFIC INTENSITY
Clear yel!omov Red Green Blue
t} degree incsderce angle 3.3 1.5 !7 75 ❑ ❑3(] a+�h�ipRiY
20 degree-iciaence wligle 1-2 0.60 0 30 0 _ t1 12 41 Cyr
Strrcerajv
r
i
i
i.'
Stelren darner
�r1tf15- 'tot
JUSTIN ,Ji_ WINS
Gar:ir .ntp
�Ty inter,._;r;v.. �x}vrry
CAR
Stara of P-z , County of
Stgn d before me on -his /i day
-of �0j by
Notary ublict,,,r,,� G, s
7adt
Y Corporate Office-
i1S Told Court
fha mmile, NC 2735o
iPh4nE 336.a7S 55oo
Ea� r TOM Free Sao 331.811.8
lf mis—FLIN +• s al eS@enni SfI in [ . ca m
A'fraffir Safety Solutions Company www eririsfiint [om
September 18, 2017
American Traffic Prod, Inc.
P❑ Box 310215
Fontana, CA 92331
Order No 00101227
Purchase Order No. P-17- 7615
Part No: C80FHERW 2 Way Marker RedlWhite
Ouantity: 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 acrylonitri#e-buladiene-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 fellow 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 certify that the markers meet Specific Intensity 1 year after placement per Caltrans SS Section �ssttiiiiiirr++rr�
£31-3.62C. NN
`00-1p,Av PuBC'�r�`fi
Sincerely, _ a
JUSTIN JENKINS
t3u611ord. Ccurty =_
S TJoV9nmBr 22. 2i11' 1
`,,•
Tesha Benson .f1/0 i nrrmin,
r
❑uality Assurance State of 1N C, County of 0 a jovVP
Ennis -Flint Signed before me on this./Jr day
Ofl7er $1 by 1 bTi�r ��vJ
Notary Pu.1b�li� -,.� ,_}z,r,-";
MCE. P,1y-Frmyr,,, ZZ, F. L4
Certificate of Analysis
THE STATE OF TEXAS
COUNTY OF HARRIS
Material .............................
Shipped Via ........................
Date of COA.....---...............
Customer Order No............
Invoice No ..........................
Batch No.----.------....... .... ...
Specification certified............
Sold to
Evergrip Bituminous Marker Adhesive
PLS
10/20/2017
199823,199937
23665
ASTM D 4280 Type I
American Traffic Product Inc
4116 E. Superior Ave.
Phoenix, AZ 85040
()M
MARTIN
Procedure
Specification
Results
Softening Paint, °F
ASTM D 36
200-264
242
Penetration, mm, 100g, 5s, 77°F
ASTM D 5
1.0-1.8
1.3
Penetration, mm, 100. 5s, 140°F
ASTM D 5
4.5-6.5
4.9
Brookfield thermoses viscosity, Pa.s. 27
spindle, 20 rpm, 400OF
ASTM D
4402
3.0 — 7.5
3.7
Flow at 158°F, mm
ASTM D
5329
5.1 max
0
Flash Point, °F
ASTM D 92
550 min
>600
Specific Gravity, 770F
ASTM D 71
1.6-1.85
1.66
I 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,
Dolly Navarrete
Laboratory Director
Martin Asphalt Company 300 Christy Place - South Houston. TX 77587 Phone: 713 943 5200
Fax: 713 947 4908
�!Ott81'S
Certificate of Compliance
4665 Finance Way
Kingman AZ 86401
(928)757-8666
Fax: (928) 757-8608
This is to certify that Potters Industries, LLC. supplies highway ;lass beads that have
been tested according to standard procedures by our quality control department and wil l
meet applicable Arizona DDT State Specifications.
Product
M247-11 TP I
Quantity
14,000
Lot #
Kl-H-7128/17-502,506,547.510-513
Specification
AASHTD M247 Type 1
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
C 75 ppm
Antimony
< 75 ppm
Lead
< 100 ppro
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: --` L� Date: 1214117
Angie None Plant Administrator
A�A'�P�4 ) 'Oi9. PORTAMON Wl�tta
E1ANB(�
ADDY MmrLals Testing ctwV s
. Date
- �
A�7�A3AC,r
yayow
[]apxnenl tl
Acty MP 31
TYPEI GLASS BEADS
- y ►
� •�� ��.- } �'.,` .:.� �-
3
'';
Tess No, Ouan %_ eat�N6
QUan Test No.
Al
-16
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s:
m
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w
v+
PLASSING
:try•., ;�- ,tn,.,
v,
ra'
_ Z:.
. :o:.., :•�:,:.
�..
% PASSING
[SPEC.
'Potters
Certificate of Compliance
1601 19'" St N W
Paris, TX 75460
t903)785-1633
Fax: (903)785-8230
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
E 16
Quanti
44,000 lbs.
Lot #
PA-H-090617-13
Specification
ADOT Standard Specification
Potters Industries, LLC tests every lot ofglass beads produced for use in Highway
Markings using XFF technology to insure compliance with Heavy Metals requirements
specified in Arizona Standard Specification 708-2.02(S) 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 OUF Quality Control
Laboratory and is available upon request.
The undersigned has the legal authority to hind Potters for the purposes of this
Certificate of Compliance
Certified Sy:
Date-, 9/26/ 17
Potters
R.cyeNs Av.r qnv �+7fion Pounds GI Glass EarA Ywr
1601 191h Street
Paris, TX 75460
Phone! 903.785.1633
Fax: 903.785.8220
M A T E R I A L C E R T I F I C A T 1 0 N
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 < 200pprn, Lead C200ppm, Antimony C 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 +f requested at least 2
weeks in advance of shipment.
Customer (30843): SUNLINE
Customer PO #: 687204
Material
E16 (TYPE 4) AC35 80% SS 2200 VISIBEAD
LOT PA-H-09061 7- 1 3
RACK 01 -20
TOTAL QUANTITY:
DATE: 0912 j2017
BY:
r'
Patters Order #: 1237703
Bill of Lading #: 81325058
Quantity ILBJ
44,000.000
44,000.000
Page 1 al 1
ADOT Materials Testing Charges Date
Document A AWY MP 31
Projects
ITas1 No, quen Tesl No. Quan Test No. Wan
Total Charya:
ANZONA OEPARTMENT OF TRANSPORTAYION WNW
"a;znnugs MATERIALS GROUP
Yellow
BI116 Q
Ry-W 1 Tool cwrimpncw ` TYPE IV GLASS BEADS
ifs - i ? Maeanal
+w,nulewan sa o I" 2 l �� Ln1+. No. 3_
5utKnimWN "C� say eaa PauaclNo. $ U III
!�Fl- ac y r Q�onl I _L-0T
LOCOU06M supply
F'ro}ocl Nc ra —vj T+ t ��1 III - �� Jit
sal +mns gowo, AASHTO M-247
LOT# ('A--
2d
Test Results
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-_
SUNLINE
CONTRACTING
820 N 17t'l Ave ► Phoenix, AZ 85007 t Phone. 602-422-9371
OWNERS RODD JOSE - President & Managing 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 - Sctry Treasurer & Managing 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 tali 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.
ARIZONA STi &Turou BN DQ.'�D FUR Gnxb-tL'Crm
PURSUANT To TITLES 2S, J4 AIND 41, ARIZONA REVISED STA7TUrE8
(FEMMltY of tW buxtd must not bt less QU 10% of the hid amount)
KNOW ALL MEN BY THESE Pftl ENTS&T .. Sunline C.ontractin , LLC
(tler.srL3,`ter ' ciFrzl'3. zs �nri;1, jW ere ants Nationa7TTon rn ne. (lureinaftcr 'Suscry'} a
carpvradon orgaaizzd aW exisftr, under the taws of ft Statc of Iowa wiLL ics pducpid
a.qce3 iB the Ciry of West Des Moines , bold ug a vualcstc of attthoHry to transact tarry Vi sz r ,.s3 is Ariooa
sued by the Dir=o;r ref Lb& D nt of hmuranct: pvrsuaat to Tift 20, Cbapter 2, Article i, as Surety, ary !mid atd
firmly touvd =0 - citv of Goodyear
(hcraiaL ter *Obligcc'}, in the stern of xett Pci-Ccot (10 %) of the t ma= of the bid Gf
pris:cipw, subzWac ! by Yriac4w to We Dtsligae for LDa work deacnbcd below, for me pnyracat of whkh sum, tit:
Pe tcipai wd Surety bIL4 thc=elvt s, %ad thti l2lrs, admivatrarurs, executors, f4cccswrs and assigm, ji; nUiy aaxl
scvtrally, 5r=ty by tt:esc pies=.
wf ERT✓45, tt�c Princ#pal L-ts miautted a bid fof
Pavement Marking Services - installation/Rernoval
Solicitation Number: 18-4140
,NOW T LfEPZFGRE, if the Obbp4 sitaII accept theptgposal of chs PrWpai and the Psiaipal saV eater icto a oo=act
with the Cblgc* in=GQWMtc- with tine icr= of the Proposal and Sivr the burins and ccrtiflcatas of=utance as spe:ined
iA tl,c, statr,atd Wzct icaticas or Coutra t Documents with gucxi zu4 neicisst auvxj far Lb-. h1thtw perforntauct: of the
coatraut and for the prompt paymctu of labur aiZ uwtrfals fismriahM is the proiccu Lva of ritt: cojxr3ct, ar in ;bc evt:vt
of the taiiure of she PrincipF l to cotes iflto Wt cauuac, arni give ire Lutsd; AAd t orQkatcs of insurance, ¢ tt3i Priratriprt
pays to dz Ob4= the dil=arewu- not w cxard ibe pmiairy of tte band bctwetn the amcunt spes'ilicd in the propcsai mid
Each wgts amp fw which the Ob4= nmy in good raid► contract with aWtarr gatry to pettban CCC work cevcred by
the pWposal ttr= tbs3 01*aC011 is vtlid. OL ttrwiss, it etas in fWt force tzd c5ect provided, kw AT-0er, that rh:.° bocd
i5 exct.'utcd puna;w t0 the protilsicas of Sccrka 34.201, Ahzom Rtviscd S=Ules, aid ait Lai�Wics on tbz bond shall
be detczu:imtd is accordaace w" tlae provisions of LUC w;tioa to :he Meat as If ;t were CQPled M leugtb be. Cin.
Witums oerr hands taus 1 st azy o, 1=ebruatry 2018
Sunline Contracting LLC Merchants Nat nal Bonding, Ine
PR .. 5UFR' 7 r 5 �3
Jeri y Th p n tado F4Ct)
Tit:.- R Crest Insurance Group
AGLNCY Of RECORD
7272 E. Indian School 4375, Scottsdale, AZ 85251
AGE i]RE5
A e Re ` E t .cuote rtn.Gre
Approved by Arizona Dcparm=i of 9/30192
MERCHANTS%%14
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 Lucerc, Melody J Stockton. Michael J Mesenbrink
their true and lawful Attomey(s)-rn-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 an behalf of the Companies in their business at guaranteeing the fidelity
of persons. guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions of 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 Drreciors of Merchants Bonding Company (Mutual) on Apr] 23. 2D11 and amended August 14. 2015 and adopted by the Board of Directors
of Merchants National Bonding, hoc., on October 16, 2015
"The president. Secretary. Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall nave 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 recognizances, contracts of indemnity and other writings obligatory in the nature thereof."
'The signature of any allthonzeci 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 obligations of the
Company, and such signalure and seas when so used shall have the same force and effect as though manually fixed "
In Connection wdh obligations in favor of the Floida Department of Transportation only, it is agreed that the power and aul honty hereby given to the
Attorney -in -Fact includes any and all consents for the release of retained percentages andlor Tina{ 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 Transportation making payment of the final estimate to the Contractor andlor 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 autInonty hereby given
to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been green to the Commissioner -
Department of Highways of the Commonwealth of Kenturky al leasi thirty (30) days prior to the modification a revocation
In Witness Whereof. the Companies have caused this instrument to be signed and sealed this 31st day of May 2017
�v+w
'q,Z 4� • p�NG Cpj�•.
�',.Rp�R. '�a ' ; •p�' 1�P0 °9•. MERCHANTS BONDING COMPANY (MUTUAL): �� 9��.Z'• �9�i MERCHANTS NATIONAL BONDING, INC.
-xc7 2043 -.s� - . y'. 1933 c: By
Presjdefir
STATE OF IOWA •��•�••`•' -
COUNTY OF DALIAS 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. 1NC : 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 auth0rdy of their respective Boards of Directors.
�P�'Aj s ALICIA K. GRAM
F Commission Number 767430
My Commission Expires
❑�� AP 1 1, 2020
Noraiy Public
(Expiralion of notary s commission
does not invalidate this instrument)
1, William Warner, Jr , Sec relary 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, ! have hereunto set my hand and affixed the seal of the Companies on this I St day of February 70l g
;y?��P0,44 Q0% ;04 O�POfj9
�%;:2- •y.� •' :yam:
-o- 1933 �.C' Secretary
i 0 2003 :� - . sj.
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 Band 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 la Ns 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 no1100
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
April , 20 18 , to construct and complete certain work described as
day of
Paving Marking Services - Installation/Removal - annual contract
Bond terra: 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 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, Anzona
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
Sunline Contractina. LLC
day of April
Pri [Seal}
By
Titte: Q2 �.
20 18
Merchants National Bonding, Inc
Surety (Seal)
By
Jeri Wn ThomA _ ttey_-in-Fact
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 9130J92
MERCHANTS k
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 Attomey(s)-m-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 guaranteeing the fidelity
of persons, guaranteeing the 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 (Mutuat) 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 Presidenl. Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shag1 have power andautherity
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, recognizances, contracts of indemnity and other writings obligatory in the nature Ihereof."
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 obligations 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 -in -Fact includes 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. 11 is fully understood that consenting to the State ofFlonda Department
of Transportation making payment of 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 Atto mey-i n -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
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 signed and sealed this 31$t day of May 2017
Cq
Rp0R Q •� 4 •' APO 4 .
'��; 99t.�.c�
MERCHANTS BONDING COMPANY (MUTUAL)
��
MERCHANTS NATIONAL BONDING. INC.
2003 1933 : e;
ByPresidew
STATE OF IOWA '••••••••••••• •`■ • ■ • • •
COUNTY OF DALLAS ss.
On this this 31st day of May 2017 before me appeared Larry Taylor, to me personarly known, who being by me duly sworn
did say that he is Presidenl of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are the Corporate Seats of the Companies and that the said instrument was signed and seated in behalf
of the Companies by authority of their respective Boards of Directors.
AUCIA K. GRAM
Commission Number 767430
My Commission Expires
'rsN� Apfll 1, 2020
Notary Public
(Expiration of notary's commission
does not invalidate thus instrument)
1, WiIGam Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING. INC., do hereby
certify Ihat the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies. which is str11 rn 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 this9th day of April . 241 g
x y
• 1933 • ci •
j8Cr5ra+y
•
'-,� :•
PQA 0018 (3117) �' � •'•
�•
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- NAZ1E49
KNOW ALL MEN BY THESE PRESENTS
That, Sunline Contractin -LLC {hereinafter called Principa[), as
Principal, and Merchants National Banding, 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 no1100
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
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 Mond 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
Sunline Contractinq, LLC
day of April
Principal (Seal)
By
Title. r L` r
20 18
McLchants National Bonding. Inc.
Surety... ., (Seal)
c J /Jeri Lyng,'rfio,-npscAttofrKyan-Fact
Agency of Record -
Crest Insurance Group
7272 E- Indian School Road #375
Scottsdale, AZ 85251
480-689-5295
Approved by Anzona Depamnent of Administration — Effective W30192
MERCHANTS
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 calW the "Companies") do hereby make, constitute and appoint, individually,
Fit berto J Islas, Heather J Perrin; Jeri Lynn Thompson; Margie Wager; Maria R Lucero; Melody J Ston"kton; Michael J Mesenbrink
their true and lawful Attomey(s }-m -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 guaranteeing the fidelity
of persons, guaranteeing the 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 Secrelary or any Vice President shall have power -an dauthonty
to appoint Attorneys -in -Fact, and to authorize them to execute an behalf of the Company, and attach the seal of the Company thereto, bands and
undertakings. recognizances, contracts of indemnity and other writings obligatory in the nature thereof"
The signature of any authorized officer and the seal of the Company may be affixed by facsimile of electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance. or other suretyship obligations of the
Company. and such signature and seal when so used shall have the same force and effect as though manually fixed."
to connection with obligations in favor of the Flonda Department of Transportation only, it is agreed that the power and aut hority hereby given to the
Attorney -in -Fact includes 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 Transportation making payment of the final estimate to the Contractor and/or its assignee. shall not relieve this surety company of any of
its obligations under its bend
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 Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky as least thirty (30) days prior to the mddificatidn or revocation
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 31st day of May 2017
•
RLP o s O RPQA .9 MERCHANTS BONDING COMPANY (MUTUAL)
"I.y-C7a qi''-_. • �;y0 9�,.. MERCHANTS NATIONAL BONDING, INC-
2003 y 1933 c' By
sit �.� �'� •
. d%
• 'r .
,�y%hr•.. �� ' .1fk :r �"��• Presrdenr
STATE OF IOWA •''•'r• * �••'�', •' • • • • • • r
COUNTY OF DALLAS ss.
On /firs 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-
ALICIA K. GRAM
Commission Number 767430
z ,S My Commission Expires
A011, 2020 -
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 corred copy of the POWER -OF -ATTORNEY executed by said Companies, which is still rn 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 9th day of Apri[ 2018
r•pZ10Nq� ••.:
: �0!.lG •... •
.
. oRgvi�•��•_
:moo. QR�aA
x 2003L7
_ 1933: c
Secretary
POA 0018 (3/17) �''•••• •••,•••
•�•:• •••
ACaR& CERTIFICATE OF LIABILITY INSURANCE
ATEIMMr0D1YYYYI
r3/5/2018
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 poiicy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the 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
Crest Insurance Group, LLC
5285 E Williams Cir, Ste 4500
Tucson AZ 85711
CONTACT
NAME:
PHONE 4gp S89 5339 C No :48t7-839-2272
E-MAIL
ADDRESS: dwalsh crestins,com
INSURE S AFFORDING COVERAGE
NAIC#
INSURER A: American Mining Insurance Company
15911
INSURED 70SUNLCON
Sunline Contracting, LLC
820 N. 17th Ave
INSURER a! Acu4
14114
INsuRERc:
INSURER D:
Phoenix AZ 85007
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 SEEN REDUCED BY PAID CLAIMS.
INSR
Lmmi
TYPE OF INSURANCElumima
ADDL
SUER
POLICY NUMBER
POUCY EFF
1MWDWYyyY1
POLICY EXP
IMMIDWYYYYILIMITS
B
X
COMMERCIAL GENERAL LIABILITY
Y
Y
284249
102112017
10212018
EACH OCCURRENCE
5 1,n00,000
CLAIMS -MADE FTI OCCUR
PREMISES Eaaccunarlce
5= 00
MED EXP (Arty one person)
$1U,000
PERSONAL & ADV I NJ URY
S1,000,000
GEN'L AGGREGATE LIMIT APPUU PER:
GENERAL AGGREGATE
S 3,D00.000
POLICY [�] jERCCT'- LOC
PRODUCTS - COMPIOP AGG
b 3,000.000
S
OTHER:
a
AUTOMOBILE UASEUTY
Y
Y
284229
10I21I2017
10I21I2018
O a9�D1SINGLE LIMIT
SfEs 1,000,000
BODILY 1N3URY (Per person)
S 1000.000
j( ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY (Per accident)
S i On0,eO0
PR PERTY DAMAGE
Per aaciden!
S
x HIRED x NON -OWNED
AUTOS ONLY AUTOS ONLY
S
B
, x UMBRELLALIAB
X
OCCUR
Y
Y
Z84'249
1412V2017
10/21/2010
EACHOCCURRENCE
55,00D,000
AGGREGATE
S
EXCESS LIAR
CLAIMS -MADE
DED I X I RETENTION $ D
I
S
I
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILRY Y I N
ANYPROPRlETORrPARTNER1EXECLMVE
OFFICE NEMeEREXCLUDED? ❑
NIA
A
V
AMWC243302
1W2112017
1OF2112018
sTEATUTE I pRH
E.L. EACH ACCIDENT
S 1,0,000
00
E.L. DISEASE -EA EMPLOYEE
S 1.001.000
(Mandatory In NH)
If yas, dascbe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT I
S 1 000,d00
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHnXS (ACORD 101, AddMonal Rams rks Schedule, may be aftchad if more $paca Is requlredl
Certificate holder and others when required in a written contract or agreement are Additional Insured {General Liability & Automobile Liability} including
Products Completed. Coverage Is Primary & Nan -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.
CERTfFICATE HOLDER CANCFI I ATInN
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
A 11 TH ORIZE D REPRESENTATIVE
GODDYEAR AZ 85338
C
O 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-
MATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH
YOU - PRIMARY AND NONCONTRIBUTORY
This endorsement modifies insurance provided under
the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. Section II - Who Is An Insured is amended to
include as an additional insured:
a. Any person or organization for whom you
are performing operations when you and
such person or organization have agreed in
writing in a contract or agreement that such
person or organization be added as addi-
tional insured on your policy, and
b. Any other person or organization you are
required to add as an additional insured
under the contract or agreement described
in paragraph a above.
Such person or organization is an additional
insured only with respect to liability for bodily
injury, property damage or personal and ad-
vertising injury caused, in whole or in part, by:
a. Your acts or omissions: or
b. The acts or omissions of those acting on
your behalf;
in the performance of your ongoing operations
for the additional insured.
A person's or organization's status as an addi-
tional insured under this endorsement ends
when your operations for that additional insured
are completed.
2. With respect to the insurance afforded to these
additional insureds, the following additional ex-
clusions apply:
This insurance does not apply to:
CG-7194(5-13)
a. Bodily injury, property damage or personal
and advertising injury arising out of the ren-
dering of, or the failure to render, any pro-
fessional architectural, engineering or sur-
veying services, including-
(1) The preparing, approving or failing to
prepare or approve maps, shop
drawings, opinions, reports, surveys,
field orders, change orders or drawings
and specifications; or
(2) Supervisory, inspection, architectural or
engineering activities-
b. Bodily injury or property damage occurring
after:
(1) All work, including materials, parts or
equipment furnished in connection with
such work, on the project (other than
service, maintenance or repairs) to be
performed by or on behalf of the addi-
tional insured(s) at the location of the
covered operations has been complet-
ed; or
(2) That portion of your work out of which
the injury or damage arises has been
put to its intended use by any person
or organization other than another con-
tractor or subcontractor engaged in per-
forming operations for a principal as a
part of the same project.
3- The insurance provided by this endorsement is
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
the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. Section II - Who Is An Insured is amended to
include as an additional insured:
a. Any person(s) or organizations) for whom
you have performed Operations if you and
such person(s) or organization(s) have
agreed in writing in a contract or agreement
that such person(s) or organization(s) be
added as an additional insured on your poli-
cy for completed operations; and
b. Any other person(s) or organization(s) you
are required to add as an additional insured
under the contract or agreement described
In paragraph a above.
Such person or organization is an additional
insured only with respect to liability included in
the products completed operations hazard for
bodily injury or property damage caused, in
whole or in part, by your work performed for
that additional insured at the location desig-
nated and described in the contract or agree-
ment_
Z. This insurance does not apply to:
a. Bodily injury or property damage which oc-
curs prior to the execution of the contract or
agreement described in item 1, or
b. Bodily injury or property damage that oc-
curs after the time period during which the
contract or agreement described fn item 1
requires you to add such person or or-
ganization onto your policy as an additional
insured for completed operations; or
c. Bodily injury or property damage arising out
of the rendering of, or the failure to render,
any professional, architectural, engineering
or surveying services, including:
(1) The preparing, approving or failing to
prepare or approve maps, shops
drawings, opinions, reports, surveys,
field orders, change orders or drawings
and specifications; or
(2) Supervisory, inspection, architectural or
engineering activities.
3. The insurance provided by this endorsement is
primary and noncontributory.
Policy No. Z84249
ADDITIONAL INSURED - AUTOMATIC STATUS WHEN REQUIRED IN
WRITTEN AGREEMENT WITH YOU - PRIMARY
This endorsement modifies insurance provided under
the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
1. Who Is an Insured under Section II - Liability
Coverage is amended to include any person or or-
ganization with whom you have agreed in writing in
a contract or agreement that such person or or-
ganization be added as an additional insured on
your policy. Such persons or organizations are addi-
tional insureds only with respect to liability arising
CA-7214(1 Q-88)
out of operations performed for the additional in-
sured by you.
2. The coverage provided by this endorsement will
be primary and noncontributory with respect to any
other coverage available to the additional insured.
3, The Limits of Insurance applicable to the addi-
tional insured are those specified in the written con-
tract or agreement or in the Declarations for this
Coverage Form, whichever is less. These Limits of
Insurance are inclusive and not in addition to the
Limits of Insurance shown in the Declarations.
Policy No. Z84249
ACUITY ENHANCEMENTS - GENERAL LIABILITY
This endorsement modifies insurance provided under
the following:
COMMERCIAL GENERAL LIABILITY OVERAGE FORM
A. Extended Non -Owned Watercraft
Exclusion g Exception (2)(a) of Coverage A -
Bodily Injury and Property Damage Liability is
replaced by the following:
(a) Less than 51 feet long; and
B. Increased Bail Bond Amount
The limit shown in paragraph lb of Supplemen-
tary Payments - Coverages A and B is in-
creased to $1,000.
C. Increased Reasonable Expenses Incurred by
the Insured
The limit shown in paragraph ld of Supplemen-
tary Payments - Coverages A and B is in-
creased to $350.
D. Newly Acquired Organizations
Item 3a of Section II - Who is An Insured is
replaced by the following:
a. Coverage under this provision is afforded
only until the 180th day after you acquire or
Form the organization or the end of the
policy period, whichever is earlier;
E. Tenants Legal Liability
Paragraphs (1), (3) and (4) of the Damage to
Property Exclusion under Section I - Coverages
do not apply to property damage (other than
damage by fire) to premises, including the con-
tents of such premises, rented to you for a
period of 8 or more consecutive days.
The most we will pay under this coverage for
damages because of property damage to any
one premises is $10.0M A $250 deductible
applies.
F. Knowledge of Claim or Suit
The following is added to paragraph 2, Duties
in the Event of Occurrence, Offense, Claim or
Suit of Section IV - Commercial General Liabil-
ity Conditions:
Knowledge of an occurrence, ctaim or suit by
your agent, servant or employee shall not in
itself constitute knowledge of the Named In-
sured unless an officer of the Named Insured
has received such notice from the agent, ser-
vant or employee.
G. Unintentional Failure to Disclose Hazard
The following is added to the Representations
Condition under Section IV - Commercial Gen-
eral Liability Conditions:
Based an our dependence upon your repre-
sentations as to existing hazards, if unintention-
ally you should fail to disclose all such hazards
CG-7361(11-14)
at the inception date of your policy, we will not
reject coverage under this policy based solely
on such failure.
H. Waiver of Subrogation for Written Contracts
The following is added to the Transfer of Rights
of Recovery Against Others to Us Condition
under Section IV - Commercial General Liability
Conditions:
We waive any right of recovery we may have
against a person or organization because of
payments we make for injury or damage arising
out of your ongoing operations or your work
done under a contract with that person or or-
ganization and included in the products -com-
pleted operations hazard. The waiver applies
only to a person or organization with whom you
have a written contract or agreement in which
you are required to waive rights of recovery
under this policy. Such contract or agreement
must have been executed prior to the occur-
rence causing injury or damage.
I. Liberalization
The following is added to Section IV - Commer-
cial General Liability Conditions:
If we adopt any revision that would broaden the
coverage under this policy without additional
premium within 45 days prior to or during the
policy period, the broadened coverage will im-
mediately apply to this policy.
J. Broadened Bodily Injury
The ❑efinition of Bodily Injury is amended to
include mental anguish.
K. Electronic Data Liability
1. Exclusion 2q of Coverage A - Bodily Injury
And Property Damage Liability in Section 1 -
Coverages is replaced by the following:
2. Exclusions
This insurance does not apply to:
q. Access Or Disclosure Of Confi-
dential Or Personal Information
And Data -related Liability
Damages arising out of
(1) Any access to or disclosure of
any person's or organization's
confidential or personal infor-
mation, including patents,
trade secrets, processing
methods, customer lists, finan-
cial information, credit card in-
formation, health information
or any other type of nonpublic
information; or
(2) The loss of, foss of use of,
damage to, corruption of, in-
(aantinued next page)
ability to access, or inability to
manipulate electronic data that
does not result from physical
injury to tangible property.
This exclusion applies even if dam-
ages are claimed for notification
costs, credit monitoring expenses,
forensic expenses, public relations
expenses or any other loss, cost or
expense incurred by you or others
arising out of that which is de-
scribed in paragraph (1) or (2)
above,
However, unless paragraph (1)
above applies, this exclusion does
nut apply to damages because of
bodily injury.
2. The Following paragraph is added to Section
III - Limits of Insurance:
Subject to paragraph 5 above, $10,000 is
the most we will pay under Coverage A for
property damage because of all loss of
electronic data arising out of any one occur-
rence.
3. The following definition is added to Section
V - Definitions:
"Electronic data" means information, Facts
or programs stored as or on, created or
used on, or transmitted to or from computer
software (including systems and application
software), hard or floppy disks, CD-ROMS,
tapes, drives, cells, data processing devices
or any other media which are used with
electronically controlled equipment.
4. For the purposes of this coverage, the defi-
nition of properfy damage" in Section V -
Definitions is replaced by the following:
"Property damage" means:
a. Physical injury to tangible property, in-
cluding all resulting foss of use of that
property. All such loss of use shall be
deemed to occur at the time of the
physical injury that caused it;
b. Loss of use of tangible property that is
not physically injured. All such loss of
use shall be deemed to occur at the time
of the occurrence that caused it; or
c. Loss of, loss of use of, damage to,
corruption of, inability to access, or in-
ability to properly manipulate electronic
data, resulting from physical injury to
tangible property. All such loss of elec-
tronic data shall be deemed to occur at
the time of the occurrence that caused
it.
For the purposes of this coverage, elec-
tronic data is not tangible property.
L, Employee Benefits Liability Coverage
1. The following is added to Section I - Cov-
erages.
Insuring Agreement
a. We will pay those sums that the in-
sured becomes legally obligated to pay
as damages because of any act, error
or omission, of the insured, or of any
other person for whose acts the insured
is legally liable, to which this coverage
applies. We will have the right and duty
to defend the insured against any suit
seeking those damages. However, we
will have no duty to defend the insured
against any suit seeking damages to
which this coverage [1naS not apply. We
may, at our discretion, investigate any
report of an act, error or omission and
settle any claim or suit that may result.
B ut.
(1) The amount we will pay for dam-
ages is limited as described in
paragraph 5 of this coverage; and
(2) Our right and duty to defend ends
when we have used up the applica-
ble limit of insurance in the payment
of judgments or settlements.
No other obligation or liability to pay
sums or perform acts or services is
covered unless explicitly provided for
under Supplementary Payments.
b. This coverage applies to damages only
if:
(1) The act, error or omission, is negli-
gently committed in the administra-
tion of your employee benefit pro-
gram;
(2) The act, error or omission, did not
take place before the ariginai incep-
tion date of this coverage nor after
the end of the policy period; and
M A claim for damages, because of an
act, error or omission, is first made
against any insured, in accordance
with paragraph c below, during the
policy period or an Extended Report-
ing Period we provide under para-
graph 6 of this coverage.
c. A claim seeking damages will be
deemed to have been made at the ear-
lier of the following times:
(1) When notice of such claim is re-
ceived and recorded by any insured
or by us, whichever comes first; or
(2) When we make settlement in ac-
cordance with paragraph a above.
A claim received and recorded by the
(continued next page)
insured within 60 days after the end of
the policy period will be considered to
have been received within the policy
period, if no subsequent policy is avail-
able to cover the claim.
d. All claims for damages made by an
employee because of any act, error or
omission, or a series of related acts,
errors or omissions, including damages
claimed by such employee's depen-
dents and beneficiaries, will be deemed
to have been made at the time the first
of those claims is made against any
insured.
Exclusions
This coverage does not apply to:
a. Dishonest, Fraudulent, Criminal Or
Malicious Act
Damages arising out of any intentional,
dishonest, fraudulent, criminal or mali-
cious act, error or omission, committed
by any insured, including the willful or
reckless violation of any statute.
b. Bodily Injury, Property Damage, Or
Personal And Advertising Injury
Bodily injury, property damage or per-
sonal and advertising injury.
c. Failure To Perform A Contract
Damages arising out of failure of perfor-
mance of contract by any insurer_
d. Insufficiency Of Funds
Damages arising out of an insufficiency
of funds to meet any obligations under
any plan included in the employee
benefit program.
e. Inadequacy Of Performance Of In-
vestmentlAdvice Given With Respect
To Participation
Any claim based upon:
(1) Failure of any investment to per-
form;
(2) Errors in providing information on
past performance of investment ve-
hicles; or
(3) Advice given to any person with
respect to that person's decision to
participate or not to participate in
any plan included in the employee
benefit program.
f. Workers' Compensation And Similar
Laws
Any claim arising out of your failure to
comply with the mandatory provisions
of any workers' compensation, unem-
ployment compensation insurance, so-
cial security or disability benefits law or
any similar law.
g. ERISA
Damages for which any insured is liable
because of liability imposed on a fidu-
ciary by the Employee Retirement In-
come Security Act of 1974, as now or
hereafter amended, or by any similar
federal, state or local laws.
h. Available Benefits
Any claim for benefits to the extent that
such benefits are available, with rea-
sonable effort and cooperation of the
insured, from the applicable funds ac-
crued or other collectible insurance.
i_ Taxes, Fines Or Penalties
Taxes, fines or penalties, including
those imposed under the Internal Rev-
enue Code or any similar state or local
law.
j. Employment -Related Practices
Damages arising out of wrongful ter-
mination of employment, discrimination,
or other employment -related practices.
2. For the purposes of the coverage provided:
a. All references to Supplementary Pay-
ments - Coverages A and B are re-
placed by Supplementary Payments -
Coverages A, B and Employee Benefits
Liability.
b. Paragraphs 1 b and 2 of the Supplemen-
tary Payments provision do not apply.
3. For the purposes of the coverage provided,
paragraphs 2 and 3 of Section I[ - Who Is
An Insured are replaced by the following:
2- Each of the following is also an insured:
a. Each of your employees who is or
was authorized to administer your
employee benefit program.
b. Any persons, organizations or em-
ployees having proper temporary
authorization to administer your
employee benefit program if you
die, but only until your legal repre-
sentative is appointed.
c. Your legal representative if you die,
but only with respect to duties as
such. That representative will have
all your rights and duties under this
coverage.
3. Any organization you newly acquire or
form, other than a partnership, joint ven-
ture or limited liability company, and over
which you maintain ownership or majority
interest, will qualify as a Named Insured if
no other similar insurance applies to that
(Continued next page)
organization. However:
a. Coverage under this provision is af-
forded only until the 90th day after
you acquire or form the organiza-
tion or the end of the policy period,
whichever is earlier.
b. Coverage under this provision does
not apply to any act, error or omis-
sion that was committed before you
acquired or formed the organiza-
tion.
4. For the purposes of the coverage provided,
Section Ili - Limits Of Insurance is replaced
by the following:
Limits Of Insurance
a. The Limits of Insurance shown in d be-
low and the rules below fix the most we
will pay regardless of the number of:
(1) Insureds;
(2) Claims made or suits brought;
(3) Persons or organizations making
claims or bringing suits;
(4) Acts, errors or omissions; or
(5) Benefits included in your employee
benefit program.
b. The Aggregate Limit is the most we will
pay for all damages because of acts,
errors or omissions negligently commit-
ted in the administration of your em-
ployee benefit program.
c. Subject to the Aggregate Limit, the
Each Employee Limit is the most we
will pay for all damages sustained by
any one employee, including damages
sustained by such employee's depen-
dents and beneficiaries, as a result of:
(1) An act, error or omission: or
(2) A series of related acts, errors or
omissions
negligently committed in the administra-
tion of your employee benefit program.
However, the amount paid under this
coverage shall not exceed, and will be
subject to, the limits and restrictions
that apply to the payment of benefits in
any plan included in the employee
benefit program.
d. Limits of Insurance
Each Employee Limit: $250,000
Aggregate Limit: $250,000
The Limits of Insurance of this coverage
apply separately to each consecutive an-
nual period and to any remaining period of
less than 12 months, starting with the be-
ginning of the policy period shown in the
Declarations of the policy to which this cov-
erage is attached, unless the policy period
is extended after issuance for an additional
period of less than 12 months. In that case.
the additional period will be deemed part of
the last preceding period for purposes of
determining the Limits Of Insurance.
Deductible
a. Our obligation to pay damages an be-
half of the insured applies only to the
amount of damages in excess of the
deductible amount stated in a below as
applicable to Each Employee. The limits
of insurance shall not be reduced by
the amount of this deductible.
b. The deductible amount stated in a be-
low applies to all damages sustained by
any one employee, including such em-
ployee's dependents and beneficiaries,
because of all acts, errors or omissions
to which this coverage applies.
c. The terms of this coverage, including
those with respect to:
(1) Our right and duty to defend any
suits seeking those damages; and
(2) Your duties, and the duties of any
other involved insured, in the event
of an act, error or omission, or
Claim
apply irrespective of the application of
the deductible amount.
d. We may pay any part or all of the
deductible amount to effect settlement
of any claim or suit and, upon notifica-
tion of the action taken, you shall prom-
ptly reimburse us for such part of the
deductible amount as we have paid.
e. Deductibie
Each Employee Deductible: $1,000
5. For the purposes of the coverage provided,
Conditions 2 and 4 of Section IV - Con-
ditions are replaced by the following:
2. Duties In The Event Of An Act, Error
Or Omission, Or Claim Or Suit
a. You must see to it that we are
notified as soon as practicable of
an act, error or omission which
may result in a claim. To the extent
possible, notice should include:
(1) What the act, error or omis-
sion was and when it oc-
curred; and
(2) The names and addresses of
anyone who may suffer dam-
ages as a result of the act,
(conlinued next page)
error or omission.
that is effective prior to the
b. tf a claim is made or suit is brought
beginning of the policy period
against any insured, you must:
shown in the Declarations of
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
G. You and any other involved Insured
date of this coverage.
must:
(2)
When this coverage is excess,
(1) Immediately send us copies of
we will have no duty to defend
any demands, notices, sum-
the insured against any suit if
monses or legal papers re-
any other insurer has a duty
to defend the insured against
ceived in connection with the
that suit. 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 insurer'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 claim 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 toss
the insured because of an act,
in absence of (his coverage;
error or omission to which this
and the total of all deductible
coverage may also apply.
and self -insured amounts un-
der all that other insurance.
d. No insured will, except at that in-
sured'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 provi-
sion and was not bought spe-
e. The requirements to notify us can
cifically to apply in excess of
be satisfied by notifying our agent.
the Limits of Insurance shown
Notice can be by any means of
in paragraph 5d of this cov-
communication.
erage.
4. Other Insurance
If other valid and collectible insurance
is available to the insured for a loss we
cover under this coverage, our obliga-
tions are limited as follows:
a. Primary Insurance
This coverage is primary except
when paragraph b below applies. If
this coverage is primary, our obliga-
tions are not affected unless any of
the other insurance is also primary.
'then, we will share with all that other
insurance by the method described
in paragraph c Below.
b. Excess Insurance
(1 ) This coverage is excess over
any of the other insurance,
whether primary, excess, con-
tingent or on any other basis
c. Method Of Sharing
If all of the other insurance permits
contribution by equal shares, we
will follow this method also. Under
this approach each insurer contri-
butes equal amounts until it has
paid its applicable Limit of Insur-
ance or none of the loss remains,
whichever comes first.
If any of the other insurance does
not permit contribution by equal
shares, we will contribute by limits.
Under this method, each insurer's
share is based on the ratio of its
applicable Limits of Insurance to
the total applicable Limits of Insur-
ance of all insurers.
6. For the purposes of the coverage provided.
the Following Extended Reporting Period
(conlinued next page)
provisions are added, or, if this coverage is
attached to a claims -made Coverage Part,
replaces any similar Section in that Cov-
erage Part:
EXTENDED REPORTING PERIOD
a. You will have the right to purchase an
Extended Reporting Period, as de-
scribed below, if:
(1) This coverage is canceled OF not
renewed; or
(2) We renew or replace this coverage
with insurance that:
(a) Has an inception date later
than the original inception
date or this coverage; or
(b) Does not apply to an act, er-
ror or omission on a claims -
made basis.
b. The Extended Reporting Period does
not extend the policy period or change
the scope of coverage provided. It ap-
plies only to claims for acts, errors or
omissions that were fist committed be-
fore the end of the policy period but not
before the original inception date of this
coverage. Once in effect, the Extended
Reporting Period may not be canceled.
c. An Extended Reporting Period of five
years is available, but only by an en-
dorsement and for an extra charge.
You must give us a written request for
the endorsement within 60 days after
the end of the policy period. The Ex-
tended Reporting Period will not go Into
effect unless you pay the additional
premium promptly when due.
We will determine the additional pre-
mium in accordance with our rules and
rates. In doing so, we may take into
account the following:
(1) The employee benefit programs in-
sured;
(2) Previous types and amounts of in-
surance;
(3) Limits of insurance available under
this coverage for future payment of
damages; and
(4) Other related factors.
The additional premium will not exceed
$100.
The Extended Reporting Period en-
dorsement applicable to this coverage
shall set forth the terms, not inconsis-
tent with this Section, applicable to the
Extended Reporting Period, including a
provision to the effect that the coverage
afforded for claims first received during
such period is excess over any other
valid and collectible insurance available
under policies in force after the Ex-
tended Reporting Period starts.
d. If the Extended Reporting Period is in
effect, we will provide an extended re-
porting period aggregate limit of insur-
ance described below, but only for
claims first received and recorded dur-
ing the Extended Reporting Period.
The extended reporting period aggreg-
gate limit of insurance will be equal to
the dollar amount shown in paragraph
5d of this coverage under limits of In-
surance.
Paragraph 5b of this coverage will be
amended accordingly. The Each Em-
ployee Limit shown in paragraph 5d will
then continue to apply as set forth in
paragraph 5c.
7. For the purposes of the coverage provided,
the following definitions are added to the
Definitions Section:
a. Administration" means:
(1) Providing information to employees,
including their dependents and
beneficiaries, with respect to eligi-
bility for or scope of employee
benefit programs;
(2) Handling records in connection with
the employee benefit program; or
(3) Effecting, continuing or terminating
any employee's participation in any
benefit included in the employee
benefit program.
However, administration does not in-
clude handling payroll deductions.
b. "Cafeteria plans" means plans autho-
rized by applicable law to allow employ-
ees to elect to pay for certain benefits
with pre-tax dollars.
c. "Claim" means any demand, or suit,
made by an employee or an employ-
ee's dependents and beneficiaries, for
damages as the result of an act, error
or omission.
d. 'Employee benefit program" means a
program providing some or all of the
following benefits to employees, wheth-
er provided through a cafeteria plan or
otherwise:
(1) Group life insurance; group acci-
dent or health insurance; dental, vi-
sion and hearing plans; and flexible
spending accounts; provided that
no one other than an employee
(continued next page)
may subscribe to such benefits and
such benefits are made generally
available to those employees who
satisfy the plan's eligibility require-
ments;
(2) Profit sharing plans, employee sav-
ings plans, employee stock owner-
ship plans, pension plans and stock
subscription plans. {provided that no
one other than an employee may
subscribe to such benefits and
such benefits are made generally
available to all employees who are
eligible under the plan for such
benefits;
(3) Unemployment insurance, social
security benefits, workers' compen-
sation and disability benefits;
(4) Vacation plans, including buy and
sell programs; leave of absence
programs, including military, mater-
nity, family, and civil leave; tuition
assistance plans; transportation
and health club subsidies; and
(5) Any other similar benefits added
thereto by endorsement.
8. For the purposes of the coverage provided,
the following Definitions in the definitions
Section are replaced by the following
a. "Employee" means a person actively
employed, formerly employed, on leave
of absence or disabled, or retired. Em-
ployee includes a leased worker. Em-
ployee does not include a temporary
worker.
b. "Suit" means a civil proceeding in which
damages because of an act, error or
omission to which this coverage applies
are alleged. Surf includes:
(1) An arbitration proceeding in which
such damages are claimed and to
which the insured must submit or
does submit with our consent; or
(2) Any other alternative dispute reso-
lution proceeding in which such
damages are claimed and to which
the insured submits with our con-
sent.
M. Voluntary Property Damage
1. With respect to the insurance provided un-
der this coverage, paragraph 2 Exclusions
of Coverage A - Bodily Injury and Property
Damage Liability under Section I - Cov-
erages is modified as followed:
a. Exclusion 2j(4) is replaced by the fol-
lowing:
(4) Personal property of others:
(a) field by the insured for servic-
ing, repair, storage or sale at
premises owned, occupied or
rented to the insured.
(b) Caused by the ownership,
maintenance, use, loading or
unloading of any auto, water-
craft or transportation of prop-
erty by any means.
h. Exclusion 21(5) is deleted.
2. The insurance provided by this coverage is
subject to the following provisions:
a. We will pay for property damage at
your request even if you are not legally
liable, if it is otherwise subject to this
coverage,
b. Property damage does not include loss
of use if personal property of others is
not physically injured.
c. Limits
The most we will pay for an occurrence
under this coverage is $2,500.
The most we will pay For the sum of all
amounts paid under this coverage is an
aggregate of $2,5b0.
The General Aggregate Limit and Each
Occurrence Limit under Section III -
Limits of Insurance d❑ not apply to the
insurance provided under this coverage.
d. Settlement
If you make any repairs to damaged
property, at our request, we will pay the
larger of your actual cost or 75% of
your usual charge for the necessary la-
bor and materials. Any {property paid for
or replaced by us may become our
property at our option. Any payment
made under this coverage shall not be
interpreted as an admission of liability
by the insured or the company.
e. Deductible
Our obligation to pay for a covered loss
applies only to the amount of foss in
excess of $200.
f. Other Insurance
The insurance provided by this cover-
age is excess over any other insurance
carried by the insured which applies to
a loss covered by this coverage.
N. Increased Limits of Insurance
1. The General Aggregate Limit is increased
to three times the Each Occurrence Limit.
2. The Products -Completed Operations Aggre-
gate Limit is increased to three times the
Each Occurrence Limit.
(continued next page)
3. The Damage To Premises Rented To You The Limits of Insurance shown here do 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 right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce
our right against the person or organization named in the Schedule. (This agreement applies only to the extent that
you perform work under a written contract that requires you to obtain this agreement from us-)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
Any person or organization with whom you have entered 'into a written contract, a condition of which requires you to obtain
this Waiver from us.
This endorsement changes the policy to which it is attached and is effective on the dale issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective 1012112017
Insured Sunline Contracting LLC
Policy No. AMWC243302 Endorsement No,
Insurance Company American Mining Insurance Company
Countersigned by
WC 00 03 13
(Ed. 4.84)
m 1@a3 National CounclI an Cam panasticn Insurance.
Premium S
Policy No. Z84249
ACUITY ENHANCEMENTS - BUSINESS AUTO
This endorsement modifies insurance provided under
the Following:
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
A. Temporary Substitute Vehicle Physical Dam-
age
The following is added to item C Certain Trail-
ers, Mobile Equipment and Temporary Substl-
tute Autos under Section I - Covered Autos:
If Physical Damage Coverage is provided by
this Coverage Form, any auto you do not own
while used with permission of its owner as a
temporary substitute for a covered auto you
own that is out of service because of its break-
down, repair, servicing, loss or destruction is a
covered auto for Physical Damage Coverage.
B. Who Is an Insured
The following are added to Who Is an Insured
under Section II - Liability Coverage:
1. Newly Acquired Organizations
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which
you maintain ownership or majority interest,
will qualify as a Named Insured if there is
no other similar insurance available to that
organization. However
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier;
b. This coverage does not apply to bodily
injury or property damage that occurred
before you acquired or formed the or-
ganization:
c. No person or organization is an insured
with respect to the conduct of any cur-
rent or past partnership, joint venture or
limited liability company that is not
shown as a Named Insured in the Dec-
larations.
2. Employees as Insureds
Any employee of yours is an insured while
using a covered auto you do not own, hire
or borrow in your business or your personal
affairs.
C. Increased Supplementary Payments
1. The limit shown in paragraph A2a(2) of
Section II - Liability Coverage is increased
to $3,000.
2. The limit shown in paragraph A2a(4) of
Section It - Liability Coverage is increased
to $300.
CA-7255(1 Q-16)
D. Fellow Employee Coverage
The Fellow Employee Exclusion contained in
Section 11 - Liability Coverage does not apply.
E. Towing for Covered Autos after Covered
Losses
The following is added to paragraph A4 Cov-
erage Extensions of Section III - Physical Dam-
age Coverage in the Business Auto Coverage
Form and to paragraph A4 Coverage Extension
under Section IV - physical Damage Coverage
in the Motor Carrier Coverage Form and the
Towing Coverage endorsement, if it applies to
your policy:
If a covered loss to a covered auto renders the
vehicle undriveable, we will pay for reasonable
and necessary costs to tow the vehicle to the
nearest service or salvage facility. This cov-
erage only applies to a covered auto insured
for Comprehensive or Collision coverage. Such
payments will not reduce the limits of insurance
described in C Limit of Insurance.
F. Transportation Expenses
The Transportation Expenses Coverage Exten-
sion is replaced by the following. -
We will also pay up to $75 per day to a maximum
of $1,500 for temporary transportation expense
incurred by you because of the total theft of a
covered auto of the private passenger or light
truck type. We will pay only for those covered
autos for which you carry either Comprehensive
or Specified Causes of Loss Coverage. We will
pay for temporary transportation expenses in-
curred during the period beginning 48 hours after
the theft and ending, regardless of the policy's
expiration, when the covered auto is returned to
use or we pay for its loss.
G. Increased Sub -limit for Audio, Visual and
Data Electronic Equipment Coverage
The sub -limit shown in paragraph C2 of the
Limit of Insurance Provision of Section III -
Physical Damage Coverage in the Business
Auto Coverage Form is increased to $3,000.
H. The following are added to Coverage Extensions
under Section III - Physical Damage Coverage in
the Business Auto Coverage Form and to Sec-
tion IV - Physical Damage Coverage in the Motor
Carrier Coverage Form:
1. Accidental Airbag Discharge
We will pay to replace an airbag that de-
ploys without the car being involved in an
accident. This coverage applies only to a
covered auto which you own.
2. LoanlLease Gap Coverage
In the event of a total loss to a covered
auto of the private passenger or light truck
CA•7255(10.16) (contrue(j next page)
type, we will pay any unpaid amount due
on the lease or loan, less:
a. The amount paid under the Physical
Damage Coverage Section of the poli-
cy; and
b. Any:
(1) Overdue lease/loan payments at
the time of the foss;
(2) Financial penalties imposed under
a lease for excessive use, abnor-
mal wear and tear or high mileage;
(3) Security deposits not returned by
the lessor;
(4) Costs for extended warranties,
Credit Life Insurance, health, Ac-
cident or Disability Insurance pur-
chased with the loan or lease, and
(5) Carry-over balances from previous
loans or leases.
3. Hired Auto Physical Damage Coverage
if hired autos are covered autos for Liability
Coverage, then the Physical Damage Cov-
erages provided under this Coverage Form
for any auto you own are extended to autos
of the private passenger or light truck type
which you lease, hire, rent or borrow for a
period of 30 days or less, subject to the
following limit.
The most we will pay under this extension is
the lesser of the actual cash value, the cost of
repair or $50,000, minus a deductible. The
deductible will be equal to the largest deduct-
ible applicable to any owned auto of the pri-
vate passenger or light truck type for that
coverage. Subject to the above limit, deduct-
ible and excess provisions, we will provide
coverage equal to the broadest coverage ap-
plicable to any covered auto you own of the
private passenger or tight truck type.
4. Rental Reimbursement Coverage for Pri-
vate Passenger Vehicles or Light Trucks
a. This coverage applies only to a covered
auto of the private passenger or light
truck type.
b. We will pay for rental reimbursement
expenses incurred by you for the rental
of an auto because of a covered loss to
an auto to which this extension applies.
Payment applies in addition to the oth-
erwise applicable amount of each cov-
erage you have on a covered auto. No
deductibles apply to this coverage.
c. We will pay Only for those expenses in-
curred during the policy period beginning
24 hours after the loss and ending, re-
gardless of the policy's expiration, with
the lesser of the following number of days.
(1) The number of days reasonably re-
quired to repair or replace the cov-
ered auto. if loss is caused by
theft, this number of days is added
to the number of days it takes to
locate the covered auto and return
it to you.
(2) 30 days.
d. Our payment is limited to the lesser of
the following amounts:
(1) Necessary and actual expenses in-
curred,
(2) $75 per day to a maximum of
$1,500.
a Thie r�nrnti,Aragrn rinnc not annhy whiles
rr1i
there are spare or reserve autos avail-
able to you for your operations.
f. If loss results from the total theft of a
covered auto to which this extension
applies, we will pay under this coverage
only that amount of your rental reim-
bursement expenses which is not al-
ready provided for under the Physical
Damage Coverage Extenslons.
g. The Rental Reimbursement Coverage
described above does not apply to a cov-
ered auto that is described or designated
as a covered auto on Rental Reimburse-
ment Coverage Form CA-9923F.
5. Fire Extinguisher Recharge
We will pay the actual cost of recharging or
replacing, whichever is less, fire extinguish-
ers kept in your covered auto that are inten-
tionally discharged in an attempt to extin-
guish a fire.
6. Rental Reimbursement, Business Income
and Extra Expense Coverage
Limits
The most we will pay for all loss for each
covered auto involved in any one accident for
Rental Reimbursement, Business Income
and Extra Expense combined is $10,000.
Coverage
a. Rental Reimbursement Coverage
(1) We will pay for expenses incurred
by you during the period of restora-
tion for the rental of an auto made
necessary because of a covered
loss to a covered auto used in your
business. The loss must be caused
by a cause of loss covered under
item Al of Physical Damage Cov-
erage in this Coverage Park.
(2) This Rental Reimbursement Cover-
age does not apply to a covered
auto of the private passenger or
(avnlinued next page)
light truck type because coverage
for these vehicles is provided in
item g of this endorsement.
b. Business Income and Extra Expense
Coverage
(.1) Business Income Coverage
(a) Actual Loss Sustained Cover-
age - We will pay the actual
loss of business income sus-
tained by you as the result of
the necessary suspension of
your business during the pe-
riod of restoration due to a
loss to a covered auto used in
your business. The loss must
be caused by a cause of loss
covered under item Al of
Physical Damage Coverage in
this Coverage Part.
(b) Specified Amount per Day
Coverage - At your option, we
will pay up to $250 per day for
a maximum of seven days
during the period of restora-
tion for income loss. The loss
must be caused by a cause of
loss covered under item Al of
Physical Damage Coverage in
this Coverage Part.
(2) Extra Expense Coverage
We will pay the necessary and rea-
sonable extra expenses that you in-
cur during the period of restoration
that you would not have incurred
had there been no loss to a cov-
ered auto used in your business.
The loss must be caused by a
cause of loss covered under item
Al of Physical Damage Coverage
in this Coverage Part.
Conditions
a. Any payment for Business Income
made under Specified Amount per Day
Coverage reduces the payment we
make under any other coverages listed
in extension 6.
b. No other deductible applies to these
coverages.
c. We will not pay under these coverages
if you do not repair or replace the cov-
ered auto.
d. You must resume all or part of your
business as quickly as possible.
e. If you have other autos you can use to
reduce the amount of loss payable un-
der these coverages, you are required
to use them.
We will not pay for loss or expenses
caused by suspension, lapse or can-
cellation of any license, lease or con-
tract. But if the suspension, lapse or
cancellation is directly caused by the
suspension of your business, we will
cover such loss that affects your busi-
ness income.
We will pay for expenses you incur to
reduce the amount that would other-
wise have been payable under this cov-
erage. We will not pay more than the
amount by which you actually reduce
the business income loss or extra ex-
pense incurred.
7. Fuel in Vehicle Coverage
We will also pay, with respect to a covered
loss, the actual loss sustained for the loss
to the fuel used to operate your vehicle but
only with respect to a covered auto. You
must provide documentation supporting
your claim for damages.
Deductible
A deductible applies to this coverage. Refer
to paragraph N Deductible Applicable to
Fuel in Vehicle, Miscellaneous Equipment
Used With Covered Vehicle Coverages, and
Electronic Logging Devices or Electronic
On -Board Recorders Coverages.
8. Miscellaneous Equipment Used With
Covered Vehicle Coverage
We will also pay, with respect to a covered
loss, the actual cash value, repair cost or
replacement cost, whichever is less, for loss
to your miscellaneous equipment but only
with respect to a covered auto.
Exclusions
We will not pay for loss caused by'
a. Theft, unless there are visible signs or
marks of forcible entry into the covered
auto and the theft is reported to faw
enforcement authorities; or
b. Mysterious disappearance.
Deductible
A deductible applies to this coverage. Refer
to paragraph N Deductible Applicable to
Fuel in Vehicle, Miscellaneous Equipment
Used With Covered Vehicle Coverages, and
Electronic Logging Devices or Electronic
On -Board Recorders Coverages.
9. Electronic Logging Devices or Electronic
On -Board Recorders
We will also pay, with respect to a covered
loss, up to $3.000 For the actual loss sus-
tained to are electronic on -board recorder or
electronic logging device permanently in-
(rontinued next page)
stalled in the auto but only with respect to a
covered auto.
Deductible
A deductible applies to this coverage. Refer
to paragraph IN Deductible Applicable to
Fuel in Vehicle, Miscellaneous Equipment
Used With Covered Vehicle Coverages, and
Electronic Logging Devices or Electronic
On -Board Recorders Coverages for further
information.
I. Deductible Provision
Paragraph D, Deductible of Section III - Phys-
ical Damage Coverage in the Business Auto
Coverage Form and paragraph D, Deductible of
Section tV - Physical Damage Coverage in the
Motor Carrier Coverage Form are replaced by
the following:
9. For each covered auto, our obligation to
pay for, repair, return or replace damaged
or stolen property will be reduced by the
applicable deductible shown in the Declara-
tions. Any Comprehensive Coverage de-
ductible shown in the Declarations does not
apply to loss caused by fire or lightning.
2. For combinations of tractor, truck, semi-
trailer or trailers when attached together by
coupling devices at the time of loss, one
deductible will apply.
a. If more than one auto of the combina-
tion is damaged or stolen, the largest
applicable deductible shown in the Dec-
larations will apply.
b, if only one auto of the combination is
damaged or stolen, the deductible
shown in the Declarations For that auto
will apply.
3. The deductibles will not apply to loss
caused by a collision of a covered auto with
any other auto insured by us.
4. If the insured chooses to have a damaged
windshield or other glass repaired instead
of replaced, no deductible will apply to the
loss.
J. Knowledge of Claim or Suit
The following is added to the Duties in the
Event of Accident. Claim, Suit or loss Con-
dition:
Knowledge of an accident, claim, suit or loss
by an agent or employee of any insured shall
not in itself constitute knowledge of the insured
unless your partners, executive officers, direc-
tors, managers, members or a person who has
been designated by them to receive reports of
accidents, claims, suits or loss shall have re-
ceived such notice from the agent or employee.
K. Waiver of Subrogation for Written Contracts
The following is added to the Transfer of Flights
of Recovery Against Others to Us Condition:
We waive any right of recovery we may have
against a person or organization because of
payments we make for bodily injury or property
damage arising out of your use of a covered
auto which occurs while under a contract with
that person or organization, The waiver applies
only to a person or organization with whom you
have a written contract or agreement requiring
you to waive the right of recovery under this
policy. The written contract or agreement must
have been executed prior to the accident caus-
ing bodily injury or property damage.
L. Worldwide Coverage Territory for Hired
Autos
The following is added to paragraph B7 of Sec-
tion IV - Business Auto Conditions in the Busi-
ness Auto Coverage Form and to paragraph B7
of Section V - Motor Carrier Conditions in the
Motor Carrier Coverage Form:
With respect to autos hired for 30 days or less,
the coverage territory is extended to include all
parts of the world if the insured's responsibility
to pay damages is determined in a suit in the
United States of America (including its territor-
ies and possessions), Puerto Rico or Canada
or in a settlement we agree to.
M. Mental Anguish Coverage
The Definition of bodily injury is amended to
include mental anguish.
N. Deductible Appilcable to Fuel in Vehicle,
Miscellaneous Equipment Used With Cov-
ered Vehicle Coverages and Electronic Log-
ging Devices or Electronic On -Board Re-
corders
1. If loss to property covered by these exten-
sions is the result of a loss to the covered
auto under this Coverage Form's Compre-
hensive or Collision Coverage, then for
each covered auto our obligation to pay for,
repair, return or replace damaged or stolen
property will be reduced by the applicable
deductible shown in the Declarations. Any
Comprehensive Coverage deductible shown
in the Declarations does not apply to loss to
property covered by an extension caused
by fire or lightning.
2. If loss to property covered by these exten-
sions is the result of a loss to the covered
auto under this Coverage Form's Specified
Causes of Loss Coverage, then for each cov-
ered auto our obligation to pay for, repair,
return or replace damaged or stolen property
will be reduced by a $100 deductible.
(continued next page)
3.
In the event that there is more than one
5. "Period of restoration" means the period of
applicable deductible, only the highest de-
time that:
ductible will apply. In no event will more
a. Begins:
than one deductible apply.
{1 } Twenty-four hours after the time of
0. Coverage Extensions Definitions
loss for Rental Reimbursement
1.
"Business income" means the:
Coverage or Business Income Cav-
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 loss would
for Extra Expense Coverage; and
have occurred; and
b. Ends at the earliest of:
b. Continuing normal operating expenses
(1) The time required to resume your
incurred, including payroll.
normal business operations; or
2.
"Extra expense" means those expenses you
(2) The time that is reasonably neces-
incur to avoid or minimize the suspension of
sary to repair or replace the cov-
business and to continue your business op-
ered auto.
erations.
3.
"Light truck" means a Truck with a gross
Period of restoration does not include any
required due to the en-
vehicleperiod
vehicle weight of 10,000 pounds or Tess.
forcement of any ordinance or law that re-
d.
"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
W equipment used in the handling of prop-
to or assess the effects of pollutants.
erty being transporters.
The expiration date of this polfcy will not cut
short the period of restoration.
ARIZONA STATUTORY PERFORMANCE BOND FOR CONSTRUCTION
PURSUANT TO TITLES 28, 34, AND 41, ARIZONA REVISED STATUTES
(Penatty of this bond must be 100% of the Contract Amount)
Protect # 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 nolloo
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
April , 20 18 , to construct and complete certain work described as
Paving Marking Services - I natal lation/Removal - annual contract
Bond terra: 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 faithfulty performs and
fulfills all the undertakings, covenants, terms, conditions, artd 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 day of April _'20 18
Sunline Contracting, LLC
Rri (Seal)
By-7';-�
Title:
Merchants National Bonding, Inc.
Surety (Seal)
By:qt_�4�'X C4'f
ti'
Jeri Wrin Thomp A ney-in-Fact
Agency of Record:
Crest Insurance Group
7272 E. Indian School Road #375
Scottsdale, AZ 85251
480-689-5295
Approyed by Arizona OeparlmenI of Admfnistratfon — Eftective W3GG2
MERC S
BONDING COMPANY,.
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BLINDING, INC.,
both being corporations of the State of Iowa (herein collectively Called the'Companies') do hereby make, constitute and appoint, individually,
Fliberto J Islas; Heather ,I Perrin; Jeri Lynn Thompson; Margie Wager; Maria R Lucero; Melody J StDckton; Michael J MMnbrink
their true and lawful Attorneys) -in -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 guaranteeing the fidelity
of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted In any
actions or proceedings allowed by law.
This Power-of-ANomey 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 fk+SerChants National Bonding, Inc., on October 1$, 2015,
'The President, Secretary, Treasurer, or any Assistant Treasures or any Assistant Secretary or any Vice President shall have power and aulhority
to appoint Attornerys•in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recogn¢ances. co of indemnity and other writings obligatory in the nature thereof."
"Tire 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, undedaking, recognizance, or other suretyship obligations of the
Cornparry, and such signature and seal when so usad shall have the same force and effect as though manualty Cited:'
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and awl hordy hereby given to the
Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates an engineering and constriction
contracts required by the State of Florida Department of Transportation_ It Is fully understood that consenti rig to the State of Florida Oepartmenl
of Transportation making payment of the fins$ estimate to the Contractor andlor Rs assignee, shall not relieve this surety company of any of
its obligations under its bond.
In connection with obligations in raver of tha iNenlucky Departmanl of Highways only, it is agreed that the power and authorily hereby given
to the Attomey-In-Fact cannot be modified or revoked unless prior written personal notice or such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prlorto the modification or revocation.
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 31st day of May . 2017
•�;�IGIY4 '••.
t•
=+� aR�QR?°z's
0 % 2003
STATE OF IOWA *••••=aa=r a.••••�
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
sy ��
Pre srdenf
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
seats 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.
tiPRIAt s AUCIA K. GRAM
Commission Number 767430
My Commission Expires
• rov�P • April 1, 2020
Nofary Ptrbirc
(Expiration of notary's commission
does not irwalid ate this instrument)
1, William Warnar, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONOING. 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
torte and effect and has not been amended a revoked -
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 9th day of Aprii 2018
H,�••
•`� tl...........
,
�' R 9 '•
v 2003
1933 e; Secretary
;��x�-`
�'•& . .............03
•;
.•�,; .. 4�at;.
PQA 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- NAZI649
KNOW ALL MEN BY THESE PRESENTS
That, Suniine Cvntractin L C (hereinafter tailed Principal), as
Principal, and Merchants National Banding, 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 no1100
Dollars $150,000.00 , for the payment whereof, Principal and Surety bind themselves, and their heirs,
administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 9th day of
April , 20 18 , to construct and complete certain work described as
Paving Marking Services - Installation/Removal - annual contract
Bond terra: April 9, 201 B to April 8, 2019
Which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal promptly pays all monies
due to all persons supplying labor or materials to the Principal or the Principal's subcontractors in the prosecution of the
work provided for in the contract, this above obligation is void- Otherwise it remains in full force and effect_
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, Arizona
Revised Statutes, and all liabilities on this Mond shall be determined in accordance with the provisions of Title 34, Chapter
2, Article 2, Arizona Revised Statutes, to the same extent as if it were copied at length in this agreement_
The prevailing party in suit on this bond shall recover as a part of his judgment such reasonable attorney tees that may be
fixed by a judge of the court
Witness our hands this 9th day of April
Sunline_Contracting, LLC
Principal - (Seal)
By: Title: T (j�� ` }�j _ C r
20 1$
Mgrchants National Bond'no. Inc,
Su (Seal)
By:
Jeri Lyn ompsohttor y-in-Fact
Agency of Record:
Crest insurance Group
7272 E. Indian School Road #375
Scottsdale, AZ 85251
480-689-5295
Approved by Arizona Department of Admin i stra0an — Effc-cd ve W3OW
MERCHANTS�
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 therein 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 Momey(sro -Facl, to sign its name as surety(ies) and to execute, seat 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 guaranteeing the fidelity
of persons, guaranteeing the performance of Contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law_
This power-,of-Attomey is granted and is signed and waled 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
or Merchants National Bonding, Inc., on October 16, 2015,
'The President, Secrelary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority
to appoint Altorneys•in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company 1hareto, bonds and
underlakirigs, recogniza noes, contracts of indemnity and other writings obiigatory in the nature thereof.'
'The signature of any authorized officer and the seat of the Corn pany may be affixed by facsimile or aWronic transmission to any Power of AttomBy
or Certification thereof aulhoriting the execution and delivery of any bond, undertaking, reoognirance, or other suretyship obligations of the
Company, and such signature orid seal when so used shall have the same force and effect as though manually fixed
in ronnedlon w$h obiigations in favor of the Florida Department of Transportation only, $ is agreed that the power and aut hority hereby given to the
Attomeyin-Fact Includes any and all consents for the release of retained percentages and/or final est4nates an engineering and construction
contracts required by the Slate of rlodda department of Transportation. It is fully understood that consenting to the State of Fiorlda Department
of Transporlation malting payment of 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 €lepaftment of Highways only, it is agreed that the power and authority hereby given
to the Attomey-in-Fact Cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty f30} days prior M the modification or revocation.
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 31st day of May 2017
y [�POR9.e0: � �O aRIs 1� A'� •, MERCHANTS BONDING COWANY (MUTUAL)
at_ G V. MERRCHANTS NATIONAL BONDING, INC.
2003 ; �v ' : y 1933 - tz 8y
Presiden[
STATE OF IOWA • •+�''++•••,��'�` �� ■■••+'•
COUNTY OF DALLAS ss.
On this this 31st day of May 2017 before me appeared tarry Taylor, to me personalty known, who being by me duly swom
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.: and that the
sea is affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and seated in behalf
of the Companies by authority of their respective Boards of Dlmctors.
•.Pg'.q4 s ALICIA K. GRAM
o a Commission Number 767430
My Comlrlis cn Dices
rpyy� April 1, 2020
Notary Public
(Expiration of notary's commission
does not invalidate this instrument]
I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCf•IMTS NATIONAL BONDING, INC;., do hereby
certify that the above and foregoing is a true and correct copy of the PCWER -0 F-ATTOR N E Y executed by said Companies, watch is still in full
force and effect and has rot been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 9tb day of April 2018
�. pt10N....
Lpoiti,
r
rx:r -a- v'v�
v: 2003 ; p
POA 0018 (3/17)
4►WG Co.
�°�o4P09� 4-•
Q 1933 e.
■
Secretary
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.
Related Ordinance, Policy or Guiding Principle
2017 Strategic Plan Goal to "Ensure that Infrastructure in Fountain Hills is Well -Maintained and Safe"
and Objective #2 to "Promote Environmentally Friendly Initiatives" and Task 2, "Research and report on
economic and logistic feasibility of electric car charging stations."
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.
SUGGESTED MOTION
MOVE to approve necessary budget transfers and total expenditures of $44,185 related to the
installation of two (2) electric vehicle charging stations and to apply for and receive a rebate grant from
Salt River Project in the amount of $22,000; and direct staff to return to Council at a later date with
recommended fees for the charging stations.
Fiscal Impact
Fiscal Impact: $44,185
Budget Reference:
Funding Source: DEDAD
If Multiple Funds utilized, list here:
Budgeted: if No, attach Budget Adjustment Form:
SRP Program
SRP Program Fact Sheet
Motive Proposal
Inbox
Finance Director
Town Attorney
Town Manager
Form Started By: James Smith
Final Approval Date: 03/08/2021
Attachments
Form Review
Reviewed By
Date
David Pock
03/04/2021 08:47 AM
Aaron D. Arnson
03/04/2021 09:44 AM
Grady E. Miller
03/08/2021 04:38 PM
Started On: 03/02/2021 01:29 PM
BUSINESS EV CHARGING PROGRAM �=�
TERMS AND CONDITIONS Delivering water and power
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
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
Many of your employees and tenants may drive an electric
vehicle (EV) or may be considering driving one in the future.
As an SRP business customer, you can cater to this rapidly
growing market through SRP's EV charging rebate
program. SRP business customers can receive rebates of
$1,500 per port and government, schools and non -profits
can receive $5,500 per port for networked Level 2 EV
charging stations.
Rebates will be limited to 50 charging ports per customer
per program year.
BENEFITS
For Employers and Workplaces:
— Position your organization as a leader in sustainability and
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.
"... aa
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Delivering water and power®
WHAT QUALIFIES?
Hardware Requirements
— Commercial -grade Level 2 EV charging stations
— An output current of at least 20 amps per port minimum
at 208/240 volts
— A charge connector compliant with SAE,J1772
— EVSE is UL listed
— Must comply with local building codes
Software and Network Requirements
— Charging stations equipped with software to control,
operate, communicate, diagnose and capture data
— Network services, provided by the supplier, that are
capable of tracking usage, collecting data, billing
customers and managing electrical loads
— Software certified to receive an OpenADR 2.Ob signal
ELIGIBILITY
Current SRP retail electric customers enrolled in any
general, non-residential SRP Standard Electric Price Plan
are eligible. The program specifically encourages charger
installations at workplace, public, multifamily and fleet
properties, including new construction projects. The parking
spots must be accessible to employees, residents or tenants
charging EVs approved for highway use by the U.S.
Department of Transportation.
HOW TO PARTICIPATE
1. Work with your Trade Ally to consider installation
locations and determine electrical needs.
2. Before making a purchase, visit savewithsrpbiz.com/ev
for a list of qualified smart chargers and hardware and
software requirements.
SRP is committed to helping you save energy and
money. We offer a rebate program for every size
and type of business.
— Standard Business Solutions
— Small Business Solutions
— Custom Business Solutions
— Electric Technology Solutions
3. Purchase and install the new, eligible equipment.
Only a licensed professional complying with all
applicable laws should install the equipment.
4. Complete and submit the rebate application online
at tradeally.srpnet.com or savewithsrpbiz.com/ev
or request a PDF application by email to
etechrebates@srpnet.com. Include a dated copy
of your sales receipt or invoice with the EV charger
model number, purchase date and serial number with
your application.
5. Upon approval, receive your rebate check.
For detailed program and eligibility requirements, visit
savewithsrpbiz.com/ev. Rebate funds are limited and
available on a first -come, first -served basis. For more
information or to check the availability of funds, contact
the program administrator at etechrebates@srpnet.com
or call (602) 236-3065.
Find the best rebate program for your business at
savewithsrpbiz.com/rebates.
"w.aft
AM/MP
Delivering water and power°
CCM210010-001 5/20
Motive Energy Telecommunications
601 S Madison Drive
Tempe, AZ 85251
ChargePoint Installation
Only
J r
JJl JJ �� (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
jsmith(a)fh.az.gov
Item Description
Qty UOM Price
Total
1 Installation of Two (2) ChargePoint CT4021-GW1, Dual Connector Pedestal
1 Lot $ 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
—M
2 CT4021-GW1 Dual Output Gateway Option, Pedestal Mount Station -
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
4 CPSSUPPORT- 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
5 CT4000-PMGMT dual port station to share a single 40A circuit (Power
2 Lot $ 50.00
$
100.00
Share). Also allows a CT4000 to be set up to operate at
a lower current (Power Select).
F_ 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
Total
$
15,534.80
Alternate add for bollards - $585.00 Each
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.
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)
N/A
SUGGESTED MOTION
MOVE to provide staff direction on one or more bills being considered by the State Legislature.
2021 Legislative Status Report
Issue 7
Issue 8
Attachments
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'I COW
approved HB 2716 with amend #4292 and fir 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 S131420'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 Sam 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 26t" 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.