INVITATION FOR BIDS

FOR

CHAIN LINK FENCE REMOVAL AND INSTALLATION

SOLICITATION NUMBER – 1076-27-CG

August 2026

CITY OF CASA GRANDE, ARIZONA

NOTICE OF INVITATION FOR BIDS

FOR THE CHAIN LINK FENCE REMOVAL AND INSTALLATION

AT THE CITY OF CASA GRANDE LITTLE LEAGUE COMPLEX

The City of Casa Grande is seeking sealed bids from responsible contractors chain link fence removal and installation at the Little League Complex.

Each response shall be in accordance with the specifications and instructions on file with the City Clerk at City Hall, 510 East Florence Boulevard, Casa Grande, Arizona, 85122, where copies can be obtained by calling the City Clerk’s Office (520) 421-8600, or a complete packet is available at the City’s website: www.casagrandeaz.gov.

All responses must be submitted by 2:00 p.m. local time on September 8, 2026, to the City Clerk, 510 East Florence Boulevard, Casa Grande, Arizona, 85122.

Responses must be addressed to:

Office of the City Clerk City of Casa Grande 510 East Florence Boulevard Casa Grande, Arizona 85122

The envelope must be boldly marked:

SEPTEMBER 8, 2026 – 2:00 P.M.

INVITATION FOR BIDS

CHAIN LINK FENCE REMOVAL AND INSTALLATION

Solicitation Number IFB 1076-27-CG

The City of Casa Grande reserves the right to waive any informalities or irregularities in this Invitation for Bids, to reject any or all bids, and to be the sole judge of the suitability of the materials, equipment, and services offered.

/s/ Larry Rains

City Manager

CITY OF CASA GRANDE, ARIZONA

INVITATION FOR BIDS

CITY OF CASA GRANDE LITTLE LEAGUE COMPLEX

Table of Contents

Section 1: Purpose of the IFB

Section 2: Contact Information

Section 3. Project Description

Section 4: Bid Specifications

Section 5: Start and Completion of Work

Section 6: Bid Requirements

Section 7. Bid Opening and Award

Section 8. Preparation of Bid

Section 9. Inquiries

Section 10. Bid Acceptance Period

Section 11. Cost of Bid Preparation

Section 12. Certifications, Disclosure, and Disqualification

Section 13. Incorporation by Reference

Section 14. Award of Contract

Section 15. Protests

Section 16. Persons with Disabilities

Section 17: Method of Payment and Withholding Payment

Section 18: Miscellaneous Information

Section 19. Bid Acknowledgement

CITY OF CASA GRANDE

IFB 1076-27-CG

INFORMATION TO BIDDERS

BID DUE DATE: September 8, 2026

2:00 p.m. Local Arizona Time

BID LOCATION: Adriana Carpio-Solis, CMC

City of Casa Grande Clerk's Office

510 East Florence Blvd.

Casa Grande, AZ 85122

Any requests for procedural clarification or additional information regarding the submission of this Invitation for Bids shall be directed to:

City of Casa Grande Clerk's Office 510 East Florence Blvd.

Casa Grande, AZ 85122

MANDATORY Site visit scheduled for Wednesday, August 26, 2026 at 10:00 a.m. Local Arizona Time

Requests for technical or other information shall be directed to:

Mike Edwards, Park Superintendent medwards@casagrandeaz.gov 520-421-8600 x4392

INTERESTED BIDDERS MAY OBTAIN A COPY OF THIS SOLICITATION BY visiting our web page at www.casagrandeaz.gov or calling the City Clerk's Office (520) 421-8600.

Competitive sealed bids for the specified work shall be received by the City of Casa Grande Clerk's Office, 510 E. Florence Boulevard, Casa Grande, Arizona 85122, until the time and date specified in this solicitation.

Bids must be in the actual possession of the Clerk's Office at the location indicated, on or prior to the exact time and date indicated above. Late bids shall not be considered. The prevailing clock shall be the City of Casa Grande City Clerk's office clock.

Bids must be submitted in a sealed envelope. The Bidder’s name and address should be clearly indicated on the outside of the envelope. All bids must be completed in blue or black ink or typewritten.

Questions must be addressed to the person listed above.

mailto:medwards@casagrandeaz.gov

Section 1: Purpose of the IFB

The City of Casa Grande is seeking bids from qualified contractors to remove and install chain-link fencing at the Little League Complex, 1000 N Amarillo St, Casa Grande, AZ 85122.

Section 2: Contact Information

Questions concerning this solicitation should be directed, in writing, to the following contact:

Mike Edwards, Park Superintendent medwards@casagrandeaz.gov 520-421-8600 x4392

Section 3. Project Description

The City of Casa Grande is seeking bids from qualified, licensed, and insured contractors to remove the existing perimeter fence and install new commercial-grade chain-link fencing, gates, and hardware at the Little League Complex as shown in Appendix A.

The scope of work to be performed under the contract with the City of Casa Grande includes, but is not limited to, providing all labor, services, materials, tools, chemicals, equipment, and transportation necessary to complete the project.

Any deviation from the stated specifications must be clearly identified in the bid and may be grounds for rejection if the City determines the deviation is material.

• Contractor shall start and complete the work within the time requirements stated in this solicitation and the contractor's accepted bid.

• Contractor shall supply all labor, materials, and equipment needed to perform the work to the City’s satisfaction.

• Contractor shall clean the area and remove from the site all trash and debris during and after the installation at the end of each workday.

• Bid shall include the contractor's proposed number of calendar days to complete this project.

Section 4: Bid Specifications

All specifications are minimum requirements unless otherwise stated. Any deviations from the stated specifications must be described in detail. The merit of such deviations will be considered with regard to the City of Casa Grande’s intended use.

Project Site: Little League Complex: 1000 N Amarillo St., Casa Grande, AZ 85122

The Notice to Proceed will be issued for December 2026, or once the final dates for the Little League season are confirmed. The City will coordinate the start date to minimize field closures.

A. Remove Existing Perimeter Fence and Install New

• Remove and dispose of approximately 1,600’ existing perimeter fence, posts, and footings

• Drill holes for posts, center, and align posts https://www.bing.com/ck/a?!&&p=6049b240d932ddc2bc09239b9448d5fe07cbd124db7461d0ceb54e1e48c41157JmltdHM9MTc3OTQwODAwMA&ptn=3&ver=2&hsh=4&fclid=1be28123-2438-6c09-0170-967e25b66d2b&u=a1L21hcHM_Jm1lcGk9MH5-RW1iZWRkZWR-QWRkcmVzc19MaW5rJnR5PTE4JnE9TGl0dGxlJTIwTGVhZ3VlJTIwQ29tcGxleCZzcz15cGlkLllONkE1Qjk2Qjk3N0I0MDY2JnBwb2lzPTMyLjg4MjU2ODM1OTM3NV8tMTExLjczNTU4ODA3MzczMDQ3X0xpdHRsZSUyMExlYWd1ZSUyMENvbXBsZXhfWU42QTVCOTZCOTc3QjQwNjZ-JmNwPTMyLjg4MjU2OH4tMTExLjczNTU4OCZ2PTImc1Y9MSZGT1JNPU1QU1JQTA&ntb=1

• Install approximately 1,600’ of 6’ chain link fence, matching the existing interior fence

• All posts are to be buried a 1/3 of the length of the pole, in a hole approximately six to twelve inches wide. All posts are to be fixed in place in concrete poured no higher than flush with the ground

• 2" x 9ga chain link

• 1 5/8" x 40wt top rail

• 2 3/8" x 40wt line posts 10' O/C

• 2 7/8" x 40wt End posts

• One 20ft roll gate

• One 12ft roll gate

• One 3ft gate

• Install a yellow Fence Guard Safety Fence Top Rail safety cap along the fence that is part of the playing area

B. Install Bullpen Fencing

• Install approximately 600’ of 6’ chain link fence for the new bullpens

• All posts are to be buried a 1/3 of the length of the pole, in a hole approximately six to twelve inches wide. All posts are to be fixed in place in concrete poured no higher than flush with the ground

• Drill holes for posts, center, and align posts

• 2" x 9ga chain link

• 1 5/8" x 40wt top rail

• 2 3/8" x 40wt line posts 10' O/C

• 2 7/8" x 40wt End posts

• One 4ft wide entry gate per bullpen

Section 5: Start and Completion of Work

Work under this contract is anticipated to begin in December 2026, or on such other date identified in the Notice to Proceed, based on coordination with the City and field use schedules. The successful contractor shall achieve final completion no later than January 15, 2027.

Each bidder shall state in its bid the number of calendar days required to complete the work after issuance of the Notice to Proceed. The proposed duration shall include all lead time required for material procurement, mobilization, installation, cleanup, and final completion. The bidder’s proposed duration shall be for planning and contract administration purposes only and shall not extend the required final completion date established by the City.

Liquidated damages in the amount of two hundred and fifty dollars ($250.00) per calendar day may be assessed for each day the Work remains incomplete after the required completion date.

A. Field Access / Sequencing The Contractor shall sequence the work so that no more than two fields, including associated fencing and bullpen areas, are impacted or closed at any one time. Two fields will remain open and available for use at all times. Work on the remaining two fields shall not begin until the work associated with the first two fields is complete and those fields have been reopened for use. Any deviation from this required work sequence shall be subject to prior written approval by the City.

Section 6: Bid Requirements

Award will be made to the lowest responsive and responsible bidder whose bid meets the requirements of this solicitation. To be considered responsive, each bid must include the information set forth in this section. Information provided in the bid may be used by the City to determine responsiveness and bidder responsibility.

To be considered, each bid must include each of the following items:

A. Experience and Qualifications

Bidder shall hold a current and active Arizona Registrar of Contractors license in a classification appropriate for the work, such as C-14 Fencing or CR-14 Fencing, at the time of bid submission and throughout the contract term.

B. Project Timeline

Provide the number of calendar days required to complete the project after issuance of the Notice to Proceed. The timeline should account for anticipated lead times, mobilization, installation, cleanup, and final completion.

C. Bid Pricing

Pricing shall include all applicable charges, including permitting, mobilization, demobilization, shipping, disposal, taxes, labor, materials, equipment, and all other costs necessary to complete the work.

Section 7. Bid Opening and Award

Bids shall be opened at the time and place stated in this solicitation. Award may be made to the lowest responsive and responsible bidder for this project, or the City may reject any or all bids when determined to be in the best interest of the City.

In determining responsiveness and responsibility, the City may consider the bid form, acknowledgment of addenda, pricing, completion time, references, licensing, insurance, experience, and the bidder's ability to successfully perform the work.

Section 8. Preparation of Bid

A. Copies of Bid

To be considered responsive, one original copy of a bid must be submitted in a sealed envelope or box with the name of the project, Chain Link Fence Removal and Installation, with the bidder’s name and address clearly indicated on the package by the deadline. The bid must bear the original signature of an authorized representative of the bidder on the acknowledgement provided.

B. Forms

No Facsimile or Telegraphic Bids. A bid shall be submitted either on the forms provided in this solicitation or their substantial equivalent. Any substitute document for the forms provided in this solicitation shall be legible and contain the same information requested on the form. A facsimile, telegraphic, or mailgram bid shall be rejected.

C. Typed or Ink Corrections

The bid must be typed or in ink. Erasures, interlineations, or other modifications in the bid must be initialed in ink by the person signing the bid. Modifications shall not be permitted after bids have been opened except as otherwise provided under applicable law.

D. Duty to Examine.

It is the responsibility of each bidder to examine the entire solicitation, seek clarification in writing, and check their bid for accuracy before submitting it. Lack of care in preparing a bid shall not be grounds for withdrawing the bid after the bid due date and time, nor shall it give rise to any contract claim.

E. Amendments.

Each solicitation amendment, if any, shall be signed with an original signature by the person signing the bid and shall be submitted no later than the bid due date and time. Failure to return a signed copy of a material solicitation amendment may result in rejection of the bid.

F. Bid Amendment or Withdrawal.

A bid may not be amended or withdrawn after the bid due date and time, except as otherwise provided under the City’s Procurement Code or other applicable law.

G. Public Record.

Under applicable law, all bids submitted and opened are public records and must be retained by the City of Casa Grande. Bids shall be open to public inspection after contract award, except for such bids deemed to be confidential by the City of Casa Grande. If a bidder believes that information in its bid should remain confidential, it shall stamp as confidential that information and submit a statement with its bid detailing the reasons that information should not be disclosed.

The City of Casa Grande shall make a determination pursuant to the City of Casa Grande’s Procurement Code and the Public Records laws of the State of Arizona.

H. ADA and Accessibility Compliance of Documents.

Submitter represents and warrants that all documents and all media submitted to the City in response to this bid shall comply with all applicable federal and state accessibility laws and regulations, and that these documents and media shall conform to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA (or any successor standard adopted by the United States Department of Justice or other applicable authority). If documents and/or media are submitted that do not meet this requirement, the submittal may be deemed non-responsive. If requested by the City, Submitter shall promptly correct, at no additional cost to the City, any document and/or media determined by the City to be non-compliant with accessibility requirements.

I. ADA and Accessibility Compliance of Deliverables.

Submitter represents and warrants that, if selected, all deliverables, work product, services, materials, documents, websites, software, applications, digital content, and communications provided under the resulting Contract (collectively, “Deliverables”) shall comply with all applicable federal and state accessibility laws and regulations, and that these deliverables shall conform to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA (or any successor standard adopted by the United States Department of Justice or other applicable authority).

Submitter shall promptly correct, at no additional cost to the City, any Deliverable determined by the City to be non-compliant with accessibility requirements.

J. Exceptions to Terms and Conditions.

A bid that takes exception to a material requirement of any part of the solicitation, including a material term and condition of any proposed contract, may be rejected. Exceptions to the bid documents shall be clearly set forth in an attachment to the bid.

K. Release of Project Information.

The City shall provide the release of all public information concerning the project, including selection announcements and contract awards. Those desiring to release information to the public must receive prior written approval from the City.

Non-compliant Bids to be rejected. Bidders are advised that failure to comply with the following criteria will be grounds for disqualification and will be strictly enforced:

• Receipt of bid by the specified cut-off date and time.

• Failure to deposit the bid in the appropriate location.

These failures will result in disqualification, and no action of the City, including late acceptance by the City Clerk, shall act to waive or otherwise affect the disqualification.

L. City Rights.

The City of Casa Grande reserves the right to reject any or all Bids, and except as set forth in subsection (j) above, to waive any informality or irregularity in any Bid received, to be the sole judge of the merits of the respective Bids received, and to cancel any solicitation if deemed to be in the interest of the City to do so.

Section 9. Inquiries

A. Solicitation Contact Person.

Other Contact Prohibited. Any inquiry related to a solicitation shall be directed solely to the City of Casa Grande Project Manager identified in this bid. The bidder shall not contact or direct inquiries concerning this solicitation to any other employee unless the solicitation specifically identifies a person other than the Project Manager as a contact. All firms interested in this project (including the firm’s employees, representatives, agents, lobbyists, attorneys, and subconsultants) will refrain, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may play a part in the selection process, including the evaluation panel, the City Manager, Deputy City Manager, Department Heads and other staff. This policy is intended to create a level playing field for all potential firms, ensure that contract decisions are made in public, and protect the integrity of the selection process. The Contract Manager/Contact Person for this Solicitation shall be:

Mike Edwards, Park Superintendent medwards@casagrandeaz.gov

520-421-8600 x4392

B. Submission of Inquiries.

Any inquiry related to a solicitation shall refer to the appropriate solicitation number, page, and paragraph. Do not place the solicitation number on the outside of the envelope containing that inquiry, since it may then be identified as a bid and not be opened until after the bid due date and time.

C. Timeliness.

Any inquiry should be submitted at least seven (7) days before the bid due date and time. Failure to do so may result in the inquiry not being answered.

D. No Right to Rely on Verbal Responses.

Any inquiry that raises material issues and results in changes to the solicitation shall be answered solely through a written solicitation amendment. A bidder may not rely on verbal responses to its inquiries.

E. Addenda.

Any changes to the solicitation document will be in the form of an addendum. Addenda are posted on the City website. Contractors are cautioned to check the website for addenda prior to submitting their Response. The City shall not be responsible for any oral changes to these specifications made by employees or officers of the City. Contractors are cautioned not to rely on such changes.

Section 10. Bid Acceptance Period

By submitting a bid pursuant to this solicitation, the bidder agrees that it shall hold its bid open for the number of days from the bid due dates that is stated in the solicitation. If the solicitation does not specifically state a number of days for the bid acceptance, the number of days shall be ninety (90).

Section 11. Cost of Bid Preparation

The City of Casa Grande shall not reimburse any bidder for the cost of responding to a solicitation.

Section 12. Certifications, Disclosure, and Disqualification

A. Non-collusion, Employment, and Services.

By signing the Bid form, or other official contract form, the bidder certifies that:

• It did not engage in collusion or other anti-competitive practices in connection with the preparation or submission of its bid; and

• It does not discriminate against any employee, applicant for employment, or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and that it complies with all applicable federal, state, and local laws and executive orders.

B. Disclosure.

If the Contractor, business, or person submitting this bid has previously been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the Bidder must fully explain the circumstances relating to the preclusion or proposed preclusion in the bid. If awarded, the bidder must include a letter with its bid setting forth the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances, including the details enumerated above, must be provided.

Disqualification.

The bid of a bidder who is currently debarred, suspended, or otherwise lawfully prohibited from any public procurement activity shall be rejected.

Section 13. Incorporation by Reference

The Uniform General Terms and Conditions are incorporated by reference into this solicitation and are available from the Contracts Manager.

Section 14. Award of Contract

This procurement is an Invitation for Bids for the Chain Link Fence Removal and Installation project.

A. Number or Types of Awards. The City of Casa Grande intends to make a single award for this project to the lowest responsive and responsible bidder whose bid meets the requirements of this solicitation, unless the City determines that rejection of all bids is in its best interest.

B. Contract Inception. A bid does not constitute a contract, nor does it confer any rights on the bidder to the award of a contract. A contract is not created until the bid is accepted in writing by the City and all required contract documents are fully executed.

Section 15. Protests

Pursuant to Section 3.04.170 of the Casa Grande City Code, all protests shall be in writing and be filed with the Purchasing Officer of the City of Casa Grande. To be considered timely, a protest of a solicitation must be filed within three (3) days after the protester knows or should have known the basis of the protest. A protest shall include:

A. The name, address, and telephone number of the protester.

B. The signature of the protester or their representative.

C. Identification of the purchasing agency and the solicitation or contract number.

D. A detailed statement of the legal and factual grounds of the protest, including copies of relevant documents.

Section 16. Persons with Disabilities

Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the appropriate Contracts Manager. Requests should be made as early as possible to allow time to arrange the accommodation. A person requiring special accommodations may contact the solicitation contact person responsible for this procurement, as identified on the first page of this solicitation.

Section 17: Method of Payment and Withholding Payment

Contractor shall submit monthly billing statements to the attention of the City Project Manager.

Contractor shall include the percent complete on the progress application that is authorized and approved by the City Project Manager. The contractor shall reference on the billing statement the purchase order number or the City contract number.

The City of Casa Grande makes every effort to generate payment for claims within 30‐days from the initial request.

In the event the Contractor has failed to perform any substantial obligation to be performed by the Contractor under this Contract and said failure has not been cured within the times set forth in this Contract, then the City may, upon written notice, withhold all monies due and payable to Contractor, without penalty, until such failure to perform is cured or otherwise adjudicated.

Section 18: Miscellaneous Information

• All prices quoted will reflect the total to the City for the project’s construction work, equipment, items of work, installations, materials, and services, and shall include all applicable taxes, fees, and other charges.

• The City will not honor any invoices or claims which are tendered more than sixty (60) calendar days after the close of the City’s fiscal year for work completed.

• The City is not responsible for any bidder’s errors or omissions.

• All bids submitted to the City are to remain firm for a minimum period of one hundred twenty (120) calendar days from the date the bids are officially opened.

• The apparent successful bid is not officially accepted until such time as the bidder receives written notice of acceptance from the City Clerk.

• The Contractor is required to obtain a City of Casa Grande business license and number to perform the work on this project.

• Where the bidder is a corporation or other type of legal entity, bids must be signed in the legal name of the entity, followed by the name of the state of incorporation or place of formation, and signed by the legal signature of an officer authorized to bind the entity to a contract.

Section 19. Bid Acknowledgement

BID OFFER

Bidder certifies that they have read, understand, and will fully and faithfully comply with this solicitation, its attachments and any referenced documents. Bidder also certifies that the prices offered were independently developed without consultation with any of the other bidders or potential bidders.

Signature

Company’s Legal Name

Printed Name Address

Title City, State, & Zip Code

Telephone Number Fax Number

Email Address

FEDERAL TAXPAYER ID NUMBER: ______________________________________________________________

Arizona Sales Tax No. ______________________________________________ Tax Rate _________________

Bidder certifies it is a: Proprietorship ____________ Partnership____________ Corporation ____________

BID DEADLINE

Packages must be delivered prior to the bid deadline to the address listed below; any bid package received after the deadline shall not be considered and will be discarded.

Bid address and deadline information:

TITLE: CHAIN LINK FENCE REMOVAL AND INSTALLATION

IFB: 10xx-26-CG

BID DUE DATE: Tuesday, September 8, 2026

SUBMIT TO: Adriana Carpio-Solis

City Clerk

City of Casa Grande

510 E. Florence Blvd Casa Grande AZ, 85122

BID SHEET

Project 1: Little League Complex Submitted Price: ___________________

Tax: ___________________

Net Bid Price: ___________________

Number of Calendar Days to Complete Project at Little League Complex: ___________________

APPENDIX “A”

Little League Complex, 1000 N Amarillo St., Casa Grande, AZ 85122 – Perimeter Fence Diagram

Little League Complex, 1000 N Amarillo St., Casa Grande, AZ 85122 – Bullpen Diagram

SAMPLE CONTRACTS

The following is a sample contract from the City of Casa Grande that provides the likely terms and conditions of the contract for this project. Where the terms of this sample contract conflict with the required terms of the bid procurement documents, the bid procurement documents shall take precedence.

(Revised April 2025)

Contract No. XXXXX

TITLE

Project No. XXXXXXXX

XXXXX Department

City of Casa Grande

CONTACT NAME

PHONE

CONTRACTOR

CONTACT NAME

PHONE

February 2026 Page 2 of 20

THIS CONTRACT is made and entered into by and between the City of Casa Grande, a Municipal Corporation (the

“City”) and , (the “Contractor”).

The City and the Contractor for the consideration named agree as follows:

SECTION 1. The complete Contract includes all of the Contract Documents as if set forth in full herein. The

Contract and all Contract Change Orders issued after the execution of the Contract, Addendum No(s) issued prior to the opening of the bids, the Special Provisions, the Project Plans (Exhibit(s) ), the

Standard Plans, the Standard Specifications, the Waterworks Standards, Reference Specifications, the Contractor’s

Proposal, the Notice Inviting Bids, the A.R.S §35-393, 35-393.01, and 35-394 Certification Forms, the Performance

Bond and the Payment Bond all of which are essential parts of this Contract as defined in Attachment 1. In the event of any conflict in these provisions, the terms of the Contract Documents shall control, each over the other, in the order provided.

SECTION 2. The Contractor shall furnish all materials, except as otherwise provided in the Plans or Specifications, and will perform all the work for the

PROJECT NO.

PROJECT NAME:

necessary to complete in a good, workmanlike, and substantial manner the work in accordance with the Contract

Documents for this Project. The Contract documents are specifically referred to and made a part hereof this Contract.

SECTION 3. The City will pay the Contractor the amount of

(Dollars) ($ ) for a base contract, subject to change of materials and work orders. The Contractor agrees to receive and accept the prices set forth in the Bid Schedule as full compensation for the work required under the bid items awarded by the City subject to additions and/or reductions of the quantities of the various bid items at the unit prices bid for furnishing all labor and materials and for doing all the work contemplated and embraced under this Contract. The Contractor further agrees that:

a. The City will not pay any claim submitted to the City by the Contractor unless the claim is

SUBMITTED IN WRITING to the City and APPROVED BY THE CITY IN WRITING

BEFORE any such work is started.

b. The City will not pay for any cost increases for labor and materials outside the original prices as set forth in the Bid Schedule unless SUBMITTED IN WRITING to the City and AGREED TO IN

WRITING by the City IN ADVANCE.

c. In the event of unforeseen difficulties or obstructions arising out of the nature of the work to be performed are encountered by the Contractor, the Contractor SHALL NOT MOVE FORWARD with any additional work until that work is APPROVED IN WRITING by the City’s Project

Manager.

d. The Contractor shall be responsible for all expenses incurred by or in consequence of the suspension and/or discontinuance of work CAUSED BY Contractor.

e. The Contractor shall faithfully complete the work in the manner and in accordance with the Contract

Documents and the requirements of the City’s Project Manager under them.

f. Any additional charges incurred without WRITTEN CONSENT of the City shall be considered incidental costs to the Contract with NO COST to the City.

February 2026 Page 3 of 20

SECTION 4. TIME IS OF THE ESSENCE for this Contract. The Contractor agrees to commence work pursuant to this Contract within calendar days after the date of authorization specified in the Notice to Proceed and to diligently prosecute the same, day to day, to completion within calendar days after the date provided except as adjusted by subsequent Contract Change Order(s). All additional work, when authorized by executed

Change Order(s) shall be compensated for by a fee as mutually agreed upon by the City and Contractor.

When Contractor submits a request for a date extension for which work must be completed in a contract, a written

Contract Change Order shall be initiated outlining the reason for applying for the extension and the drop-dead date the work will be completed. If the extension is agreed to and signed by the City and the Contractor, it binds the Contractor to complete the work by the extended date designated in the amendment unless the delay in completion of the work by the Contractor results from an unforeseeable cause beyond the control, and without the fault or negligence of, the

Contractor. If a delay occurs for which the City is responsible and which was unreasonable under the circumstances and which was not within the contemplation of the parties to this Contract (“Owner Delay”), the parties shall negotiate an equitable adjustment in the time to complete the Work and for the recovery of damages related to expenses incurred by

Contractor caused by the Owner Delay. There is no other obligation, expressed or implied, on part of the City to the

Contractor for delay from any cause.

SECTION 5. If the work to be performed by Contactor for this Contract is not timely completed, the Contractor shall pay to the City $ as liquidated damages for each day the work remains incomplete after the scheduled completion date. The scheduled completion date for determining liability for liquidated damages shall be consecutive days from the effective date of City’s Notice to Proceed to the Contractor.

For the purpose of determining applicability of liquidated damages, completion time shall be extended only if delay in completion of the work by the Contractor results from an unforeseeable cause beyond the control and without the fault or negligence of the Contractor per Section 6.

SECTION 6. Force Majeure: Notwithstanding any other term, condition, or provision hereof to the contrary, in the event any party hereto is precluded from satisfying or fulfilling any duty or obligation imposed upon such party by the terms hereof due to labor strikes, nationwide material shortages, war, civil disturbances, unusual weather conditions, natural disasters, acts of God, or other events beyond the control of such party, the time period provided herein for the performance by such party of such duty or obligation shall be extended for a period equal to the delay occasioned by such events and must be agreed to IN WRITING BY BOTH PARTIES.

SECTION 7 The Contractor agrees to indemnify, defend, and save harmless the City, its Mayor and Council, appointed boards and commissions, officials, officers, and employees, individually and collectively from all losses, claims, suits, demands, expenses, subrogations, reasonable attorney’s fees, or actions to the extent caused by the Contractor’s negligence or any subcontractor employed by the Contractor including bodily injury and death, damages to any property or any other losses, claims, suits, demands, and/or expenses, to the extent caused by the Contractor’s negligence or any subcontractor employed by the Contractor . The amount and type of insurance coverage requirements set forth in Section

8 will in no way be construed as limiting the scope of indemnity in this paragraph.

SECTION 8. INSURANCE.

8.1 Contractor Liability Insurance. Upon signing of the Agreement and so long as it shall remain in effect, contractor, at its cost and expense, shall purchase and maintain the insurance described in this section. The insurance shall be purchased and maintained in companies duly licensed or otherwise approved by the State of Arizona, with forms acceptable to the City of Casa Grande, and shall be primary with no right of contribution. The contractor’s insurer shall have a minimum A.M. Best’s rating of A-VIII. Use of alternative insurers requires prior approval for the

City of Casa Grande.

The insurance coverages to be purchased and maintained are:

8.1.1 Workers' Compensation. Contractor shall provide workers' compensation insurance as required by state and federal laws having jurisdiction over Contractor’s employees engaged in the performance of the Services within this Agreement.

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8.1.2 General Liability. Contractor shall maintain a Commercial General Liability (Occurrence) policy that includes coverage for premises and operations, products and completed operations, contractual liability, broad form property damage, and personal injury liability. The policy shall have limits of not less than:

· $1,000,000 for each occurrence of bodily injury and property damage; and

· $1,000,000 for personal injury;

8.1.3 Automobile Liability. Contractor shall maintain an Automobile Liability policy with a combined single limit for bodily injury and property damage of not less than $1,000,000 for each accident.

The policy shall cover all owned, hired, and non-owned automobiles used in connection with the Agreement for the performance of Contractor’s services.

8.1.4 Property Insurance. A policy or policies of fire and extended coverage property damage insurance covering the full insurable value of all tools and equipment used by contractor from time to time on the lands of City of Casa Grande pursuant to the Agreement, including mobile equipment. Contractor shall also require its agents, contractors, licensees and others performing the obligations, or exercising the rights, of Contractor under the Agreement to carry such property damage insurance. Such policy or policies shall cover the full insurable value of such tools and equipment.

8.1.5 Adjustment of Liability Limits. If the initial term of the Agreement shall exceed ten years or if the aggregate term of the Agreement, including any extension or renewal terms agreed to by the parties or provided for in the Agreement shall exceed ten years, on each tenth anniversary of the date of the

Agreement, the liability limits provided for in sections 8.1.2 and 8.1.3 shall be increased by an amount proportional to the increase in the US consumer price index occurring since the date of the Agreement or the date of the last such increase as appropriate.

8.1.6 Professional Liability. The Contractor retained by the City to provide the engineering services required by the Agreement will maintain Professional Liability insurance covering errors and omissions arising out of the Services performed by the Contractor or any person employed by him, with an unimpaired limit of not less than $1,000,000 each claim and $2,000,000 all claims, or 10% for the construction budget, whichever is larger. In the event the insurance policy is written on a “claims made” basis, coverage shall extend for two years past completion and acceptance of Services as evidenced by annual

Certificates of Insurance.

8.2 Insurance Certificate. Contractor shall not exercise any of its rights under the Agreement until it delivers to City of Casa Grande's designated recipient certificates from contractor’s insurers showing that the coverage required above has been obtained.

8.2.1 The insurance certificates must show City of Casa Grande, its subsidiaries, affiliates directors, officers, and employees as the certificate holder and as additional insured parties in respect of all liability coverage except workers' compensation and professional liability. The policy shall provide and the certificate shall reflect that the insurance afforded applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability.

8.2.2 The insurance certificate shall provide on its face that the policies it represents will not be terminated, amended, or allowed to expire without 30 days prior written notice to City of Casa Grande.

8.2.3 Failure of City of Casa Grande to demand the insurance certificate or other evidence of full compliance with these insurance requirements or failure of City of Casa Grande to identify a deficiency from any certificate provided to it shall not be construed as a waiver of Contractor’s obligation to maintain such insurance.

8.3 Severability of Interests. The policies referenced in 8.1.2 and 8.1.3 shall contain a severability of interests clause, generally providing, "the insurance afforded applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's insurance."

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8.4 Waiver of Subrogation. Contractor hereby waives any and all rights that it might have against City of

Casa Grande, its employees, officers, and directors, to recover all or part of any loss or damage insured or insurable by the insurance policies carried or required to be carried by it pursuant to the Contract Documents. Contractor shall require each of its agents, contractors, licensees and others performing the obligations, or exercising the rights, of

Contractor under the Agreement to provide a similar waiver for City of Casa Grande’s benefit.

8.5 Deductibles. Contractor may purchase the required insurance policies with deductibles which are reasonable in light of the contractor’s financial condition; provided that any loss not covered due to the deductible will be paid by Contractor. Contractor shall also require its agents, contractors, licensees and others performing the obligations, or exercising the rights, of contractor under the Agreement to carry such property damage insurance.

Such policy or policies shall cover the full insurable value of such tools and equipment.

SECTION 9. This Contract may be terminated at any time by mutual written consent, or by the City, with or without cause, upon giving thirty (30) days written notice. If this Contract is terminated, the City shall be liable only for payment for services rendered and accepted by the City before the effective date of termination.

The City reserves the right to terminate in whole or any part of this Contract due to the failure of the Contractor to carry out any term or condition of the Contract. The City will issue a written notice of default to the Contractor for failing to perform the stipulations, conditions or services/specifications required in this Contract. The Contractor shall have 5 days from receipt of the notice to rectify the failure or establish a plan for remedy. Contractor shall provide documentation of the remedy or proposed plan for approval by the City.

The City may terminate this Contract for cause if:

A. In the opinion of the City, the Contractor attempts to impose personnel, materials or services of an unacceptable quality;

B. In the opinion of the City, the Contractor fails to furnish the required services and/or product within the time stipulated in the Contract;

C. In the opinion of the City, the Contractor fails to make progress in the performance of the requirements of the

Contract;

D. The Contractor gives the City a positive indication that the Contractor will not or cannot perform to the requirements of the Contract.

In the event the Contractor has failed to perform any substantial obligation to be performed by the Contractor under this Agreement and said failure has not been cured within the times set forth in this Agreement, then the City may, upon written notice, withhold all monies due and payable to Contractor, without penalty, until such failure to perform is cured or otherwise adjudicated.

If funds that are appropriated or allocated for the payment of obligations under this Contract are not allocated by the City and available for the continued purchase of the services and/or materials provided under this Contract, this Contract may be terminated by the City at the end of the period for which funds are available. The City will notify the Contractor in the event that continued service will or may be affected by non-appropriation. No penalty shall accrue to the City in the event that this provision is exercised, and the City shall not be obligated or liable for any future payments due or for any damages as a result of termination under this paragraph.

Upon Notice of Termination the Contractor shall appraise the work the Contractor has completed and submit this appraisal to the City for evaluation.

The Contractor shall receive as compensation for services performed through the date of such termination, a fee for the percentage of work actually completed. This fee shall be a percentage of the Contractor fee described in this Contract and shall be in the amount mutually agreed to between the Contractor and the City. The City shall make this final

February 2026 Page 6 of 20 payment within sixty (60) days after the Contractor has delivered the last of the partially completed items or service.

Notice required under this section shall be in writing and shall be served by certified mail upon the other party. When served by certified mail, services shall be conclusively deemed made five (5) days after posting thereof in the United

States mail, postage prepaid.

SECTION 10. Any written commitment received from the Contractor concerning this Agreement shall be binding upon the Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of the

Contractor to materially fulfill such a commitment shall result in a breach of this Contract. A commitment includes, but is not limited to any representation made prior to execution of this Agreement, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties.

SECTION 11. The Contractor agrees that any inspection by the City Representative or by other agents or employees of the City of the work performed is for the purpose of ensuring the technical competence of the work and adherence to other contractual provisions. Inspections are not for the purpose of safeguarding workers on the job, which is the sole responsibility of the Contractor.

The Contractor warrants that he/she is fully familiar with all the safety requirements of the Occupational Safety and

Health Act as promulgated by the Federal Government and as implemented by the State of Arizona, and that he/she will be solely responsible for implementing and enforcing the same at all times.

SECTION 12. The Contractor agrees to accomplish the work with a minimum of traffic interruption. If it becomes necessary to close any traffic lanes on any street within the City, permission must first be obtained from the City

Engineer’s Office. Permission shall be requested at least 48 hours in advance for residential streets and 72 hours in advance for arterial streets. The Contractor shall furnish and place all detour signs and any other warning signs in accordance with the SPECIAL PROVISIONS.

SECTION 13. All writings, programs, data, public records, or other materials prepared by the Contractor and/or its

Contractors or subcontractors, in connection with the performance of this Agreement shall be the sole and absolute property of the City.

SECTION 14. In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Arizona in and for the County of Pinal. This Agreement shall be governed by the laws of the State of Arizona. Should the City bring any legal or equitable action for the purpose of protecting or enforcing its rights under this Contract, the City shall recover, in addition to all other relief, its reasonable attorney’s fees and court costs to be fixed by the court.

SECTION 15. It is agreed that the or his/her designee is authorized to execute Contract Change Order(s) necessary to the prosecution of the work, all in accordance with the Standard

Specifications.

SECTION 16. The Contractor agrees that he/she will not proceed with any extra work unless he/she has been authorized in writing to do so by the or his/her designee prior to the commencement of any extra work.

SECTION 17. The Parties do for themselves, their heirs, executors, administrators, successors and assigns agree to the full performance of all the provisions herein contained. Contractor may not, either voluntarily or by action of law, assign any obligation assumed by the Contractor without prior written consent of the City.

SECTION 18. No portion of this contract may be assigned or subcontracted to any other individual, firm, or entity without the express and prior written approval of the Contracting Officer. It will be the responsibility of the Contractor to ensure that any and all subcontractors comply with the terms and conditions of this agreement and that City of Casa

Grande is named as express third-party beneficiary of such subcontracts with full rights as such.

SECTION 19. The Contractor shall provide a Performance Bond and Payment Bond in compliance with Title 34 of the

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Arizona Revised Statutes and shall cause the Performance Bond and Payment Bond to remain in full force and effect through the warranty and guarantee period. By my signature hereunder, as Contractor, I agree to keep the Performance

Bond and Payment Bond or cashier’s check in equivalent of the full Performance Bond and Payment Bond in full force and effect through said period. The cashier’s check shall serve the same purposes and fully cover the requirements of a

Performance Bond and a Payment Bond.

SECTION 20. By my signature hereunder, as Contractor, I certify that I will comply with all provisions of this Contract.

SECTION 21. This contract may be subject to review by any federal or state auditor. The City or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the City. Such review may occur with or without notice, and may include, but is not limited to, on site inspection by City Agents or employees, inspection of all records or other materials which the City deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for five (5) years after contract termination in accordance with

A.R.S. §35-214 and shall make them available for such review within the City of Casa Grande, State of Arizona, upon request.

SECTION 22. DISPUTES

22.1 General. Differences between the Contractor and the City, arising under and by virtue of the Contract

Documents shall be brought to the attention of the City at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions and decisions of the

Contracting Officer, shall be final and conclusive.

22.2 Notice of Potential Claims. The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the City, or (2) the happening of any event or occurrence, unless the Contractor has given the City a written Notice of Potential Claim within 10 days of the commencement of the act, failure, or event giving…