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CITY OF CHANDLER SERVICES AGREEMENT
TRANSIT SHELTERS AND RELATED SERVICES
CITY OF CHANDLER AGREEMENT NO. CM6-155-5083
THIS AGREEMENT (Agreement) is made and entered into by and between the City of Chandler, an
Arizona municipal corporation (City), and Southwest Fabrication, LLC, an Arizona Limited Liability
Company (Contractor), (City and Contractor may individually be referred to as Party and
collectively referred to as Parties) and made
,
2026
(Effective
Date).
RECITALS
A. City proposes to provide transit shelters and related services as more fully described in Exhibit
A, which is attached to and made a part of this Agreement by this reference.
B. Contractor is ready, willing, and able to provide the services described in Exhibit A for the
compensation and fees set forth and as described in Exhibit B, which is attached to and made a
part of this Agreement by this reference.
C. City desires to contract with the Contractor to provide these services under the terms and
conditions set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and the mutual promises contained in this
Agreement, City and Contractor agree as follows:
SECTION I: DEFINITIONS
For purposes of this Agreement, the following definitions apply:
Agreement means the legal agreement executed between the City and the Contractor
City means the City of Chandler, Arizona
Contractor means the individual, partnership, orcorporation named in the Agreement
Days means calendar days
May, Should means something that is not mandatory but permissible
Shall, Will, Must means a mandatory requirement
SECTION II: CONTRACTOR’S SERVICES
Contractor must perform the services described in Exhibit A to the City’s satisfaction within the
terms and conditions of this Agreement and within the care and skill that a person who provides
similar services in Chandler, Arizona exercises under similar conditions. All work or services
furnished by Contractor under this Agreement must be performed in a skilled and workmanlike
manner. Unless authorized by the City in writing, all fixtures, furnishings, and equipment
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furnished by Contractor as part of the work or services under this Agreement must be new, or the
latest model, and of the most suitable grade and quality for the intended purpose of the work or
service.
SECTION III: PERIOD OF SERVICE
Contractor must perform the services described in Exhibit A for the term of this Agreement.
The term of the Agreement is two years and begins on January 1, 2027, and ends on December 31,
2028, unless sooner terminated in accordance with the provisions of this Agreement. The City and
the Contractor may mutually agree to extend the Agreement for up to five additional terms of two
years each, or portions thereof. The City reserves the right, at its sole discretion, to extend the
Agreement for up to 60 days beyond the expiration of any extension term.
SECTION lV: PAYMENT OF COMPENSATION AND FEES
4.1 Unless amended in writing by the Parties, Contractor's compensation and fees as more fully
described in Exhibit B for performance of the services approved and accepted by the City under
this Agreement must not exceed $390,000. Contractor must submit requests for payment for
services approved and accepted during the previous billing period and must include, as applicable,
detailed invoices and receipts, a narrative description of the tasks accomplished during the billing
period, a list of any deliverables submitted, and any subcontractor’s or supplier’s actual requests
for payment plus similar narrative and listing of their work. Payment for those services negotiated
as a lump sum will be made in accordance with the percentage of the work completed during the
preceding billing period. Services negotiated as a not-to-exceed fee will be paid in accordance with
the work completed on the service during the preceding month. All requests for payment must be
submitted to the City for review and approval. The City will make payment for approved and
accepted services within 30 days of the City’s receipt of the request for payment.
4.2 Applicable Taxes. The Contractor will pay all applicable taxes. The City is subject to all
applicable state and local transaction privilege taxes. To the extent any state and local transaction
privilege taxes apply to sales made under the terms of this Agreement, it is the responsibility of
the Contractor to collect and remit all applicable taxes to the proper taxing jurisdiction of
authority.
4.3 Tax Indemnification. The Contractor and all subcontractors will pay all Federal, state, and local
taxes applicable to its operation and any persons employed by the Contractor. The Contractor will
and require all subcontractors to hold the City harmless from any responsibility for taxes,
damages, and interest, if applicable, contributions required under Federal, state, and local laws
and regulations and any other costs including transaction privilege taxes, unemployment
compensation insurance, Social Security, and Worker’s Compensation.
4.4 All prices offered herein shall be firm against any increase for the initial term of the
Agreement. Prior to commencement of subsequent renewal terms, the City may approve a fully
documented request for a price adjustment. The City shall determine whether any requested
price increases for extension terms is acceptable to the City. If the City approves the price
increase, the price shall remain firm for the renewal term for which it was requested. If a price
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increase is agreed upon by the Parties a written Agreement Amendment shall be approved and
executed by the Parties.
SECTION V: GENERAL CONDITIONS
5.1 Records/Audit. Records of the Contractor's direct personnel payroll, reimbursable expenses
pertaining to this Agreement and records of accounts between the City and Contractor must be
kept on the basis of generally accepted accounting principles and must be made available to the
City and its auditors for up to three years following the City’s final acceptance of the services
under this Agreement. The City, its authorized representative, or any federal agency, reserves the
right to audit Contractor's records to verify the accuracy and appropriateness of all cost and
pricing data, including data used to negotiate this Agreement and any amendments. The City
reserves the right to decrease the total amount of Agreement price or payments made under this
Agreement or request reimbursement from the Contractor following final contract payment on
this Agreement if, upon audit of the Contractor's records, the audit discloses the Contractor has
provided false, misleading, or inaccurate cost and pricing data. The Contractor will include a
similar provision in all of its contracts with subcontractors providing services under the Agreement
Documents to ensure that the City, its authorized representative, or the appropriate federal
agency, has access to the subcontractors’ records to verify the accuracy of all cost and pricing
data. The City reserves the right to decrease Contract price or payments made on this Agreement
or request reimbursement from the Contractor following final payment on this Agreement if the
above provision is not included in subcontractor agreements, and one or more subcontractors
refuse to allow the City to audit their records to verify the accuracy and appropriateness of all cost
and pricing data. If, following an audit of this Agreement, the audit discloses the Contractor has
provided false, misleading, or inaccurate cost and pricing data, and the cost discrepancies exceed
1% of the total Agreement billings, the Contractor will be liable for reimbursement of the
reasonable, actual cost of the audit.
5.2 Alteration in Character of Work. Whenever an alteration in the character of work results in a
substantial change in this Agreement, thereby materially increasing or decreasing the scope of
services, cost of performance, or Project schedule, the work will be performed as directed by the
City. However, before any modified work is started, a written amendment must be approved and
executed by the City and the Contractor. Such amendment must not be effective until approved
by the City. Additions to, modifications, or deletions from this Agreement as provided herein may
be made, and the compensation to be paid to the Contractor may accordingly be adjusted by
mutual agreement of the Parties. It is distinctly understood and agreed that no claim for extra
work done or materials furnished by the Contractor will be allowed by the City except as provided
herein, nor must the Contractor do any work or furnish any materials not covered by this
Agreement unless such work is first authorized in writing. Any such work or materials furnished by
the Contractor without prior written authorization will be at Contractor's own risk, cost, and
expense, and Contractor hereby agrees that without written authorization Contractor will make no
claim for compensation for such work or materials furnished.
5.3 Termination for Convenience. The City and the Contractor hereby agree to the full
performance of the covenants contained herein, except that the City reserves the right, at its
discretion and without cause, to terminate or abandon any service provided for in this
Agreement, or abandon any portion of the Project for which services have been performed by
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the Contractor. In the event the City abandons or suspends the services, or any part of the
services as provided in this Agreement, the City will notify the Contractor in writing and
immediately after receiving such notice, the Contractor must discontinue advancing the work
specified under this Agreement. Upon such termination, abandonment, or suspension, the
Contractor must deliver to the City all drawings, plans, specifications, special provisions,
estimates and other work entirely or partially completed, together with all unused materials
supplied by the City. The Contractor must appraise the work Contractor has completed and
submit Contractor's appraisal to the City for evaluation. The City may inspect the Contractor's
work to appraise the work completed. The Contractor will receive compensation in full for
services performed to the date of such termination. The fee shall be paid in accordance with
Section IV of this Agreement, and as mutually agreed upon by the Contractor and the City. If
there is no mutual agreement on payment, the final determination will be made in
accordance with the Disputes provision in this Agreement. However, in no event may the
payment exceed the payment set forth in this Agreement nor as amended in accordance with
Alteration in Character of Work. The City will make the final payment within 60 days after the
Contractor has delivered the last of the partially completed items and the Parties agree on
the final payment. If the City is found to have improperly terminated the Agreement for cause
or default, the termination will be converted to a termination for convenience in accordance
with the provisions of this Agreement.
5.4 Termination for Cause. The City may terminate this Agreement for Cause upon the occurrence
of any one or more of the following events: in the event that (a) the Contractor fails to perform
pursuant to the terms of this Agreement, (b) the Contractor is adjudged a bankrupt or insolvent,
(c) the Contractor makes a general assignment for the benefit of creditors, (d) a trustee or receiver
is appointed for Contractor or for any of Contractor’s property (e) the Contractor files a petition to
take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, (f) the
Contractor disregards laws, ordinances, rules, regulations or orders of any public body having
jurisdiction, or (g) the Contractor fails to cure default within the time requested. Where Agreement
has been so terminated by City, the termination will not affect any rights of City against Contractor
then existing or which may thereafter accrue.
5.5 Indemnification. The Contractor (lndemnitor) must indemnify, defend, save and hold
harmless the City and its officers, officials, agents and employees (lndemnitee) from any and
all claims, actions, liabilities, damages, losses or expenses (including court costs, attorneys'
fees and costs of claim processing, investigation and litigation) (Claims) caused or alleged to
be caused, in whole or in part, by the wrongful, negligent or willful acts, or errors or
omissions of the Contractor or any of its owners, officers, directors, agents, employees, or
subcontractors in connection with this Agreement. This indemnity includes any claim or
amount arising out of or recovered under workers' compensation law or on account of the
failure of the Contractor to conform to any federal, state or local law, statute, ordinance, rule,
regulation or court decree. The Contractor must indemnify lndemnitee from and against any
and all Claims, except those arising solely from lndemnitee's own negligent or willful acts or
omissions. The Contractor is responsible for primary loss investigation, defense and
judgment costs where this indemnification applies. In consideration of the award of this
Agreement, the Contractor agrees to waive all rights of subrogation against lndemnitee for
losses arising from or related to this Agreement. The obligations of the Contractor under this
provision survive the termination or expiration of this Agreement.
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5.6 Insurance Requirements. Contractor must procure insurance under the terms and
conditions and for the amounts of coverage set forth in Exhibit C against claims that may
arise from or relate to performance of the work under this Agreement by Contractor and its
agents, representatives, employees, and subcontractors. Contractor and any subcontractors
must maintain this insurance until all of their obligations have been discharged, including any
warranty periods under this Agreement. These insurance requirements are minimum
requirements for this Agreement and in no way limit the indemnity covenants contained in
this Agreement. The City in no way warrants that the minimum limits stated in Exhibit C are
sufficient to protect the Contractor from liabilities that might arise out of the performance of
the work under this Agreement by the Contractor, the Contractor’s agents, representatives,
employees, or subcontractors. Contractor is free to purchase such additional insurance as
may be determined necessary.
5.7 Cooperation and Further Documentation. The Contractor agrees to provide the City such
other duly executed documents as may be reasonably requested by the City to implement
the intent of this Agreement.
5.8 Notices. Unless otherwise provided, notice under this Agreement must be in writing and
will be deemed to have been duly given and received either (a) on the date of service if
personally served on the party to whom notice is to be given, or (b) on the date notice is sent
if by electronic mail, or (c) 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:
For the City
For the Contractor
Name: Raquel McMahon Name: Kyle J. Presler
Title: Procurement Officer Title: Controller
Address: 175 S. Arizona Ave. Address: 22233 N. 23rd Ave.
Chandler, AZ 85225 Phoenix, AZ 85027
Phone: 480-782-2400 Phone: 623-587-4648, x 0109
Email: raquel.mcmahon@chandleraz.gov Email: kyle.presler@sw-fab.com
5.9 Successors and Assigns. City and Contractor each bind itself, its partners, successors,
assigns, and legal representatives to the other party to this Agreement and to the partners,
successors, assigns, and legal representatives of such other party in respect to all covenants
of this Agreement. Neither the City nor the Contractor may assign, sublet, or transfer its
interest in this Agreement without the written consent of the other party. In no event may
any contractual relation be created between any third party and the City.
5.10 Disputes. In any dispute arising out of an interpretation of this Agreement or the duties
required not disposed of by agreement between the Contractor and the City, the final
determination at the administrative level will be made by the City Purchasing and Materials
Manager.
5.11 Completeness and Accuracy of Contractor's Work. The Contractor must be responsible
for the completeness and accuracy of Contractor's services, data, and other work prepared or
compiled under Contractor's obligation under this Agreement and must correct, at
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Contractor's expense, all willful or negligent errors, omissions, or acts that may be
discovered. The fact that the City has accepted or approved the Contractor's work will in no
way relieve the Contractor of any of Contractor's responsibilities.
5.12 Withholding Payment. The City reserves the right to withhold funds from the
Contractor's payments up to the amount equal to the claims the City may have against the
Contractor until such time that a settlement on those claims has been reached.
5.13 City's Right of Cancellation. The Parties acknowledge that this Agreement is subject to
cancellation by the City under the provisions of Section 38-511, Arizona Revised Statutes
(A.R.S.).
5.14 Independent Contractor. For this Agreement the Contractor constitutes an independent
contractor. Any provisions in this Agreement that may appear to give the City the right to
direct the Contractor as to the details of accomplishing the work or to exercise a measure of
control over the work means that the Contractor must follow the wishes of the City as to the
results of the work only. These results must comply with all applicable laws and ordinances.
5.15 Project Staffing. Prior to the start of any work under this Agreement, the Contractor must
assign to the City the key personnel that will be involved in performing services prescribed in
the Agreement. The City may acknowledge its acceptance of such personnel to perform
services under this Agreement. At any time hereafter that the Contractor desires to change
key personnel while performing under the Agreement, the Contractor must submit the
qualifications of the new personnel to the City for prior approval. The Contractor will maintain
an adequate and competent staff of qualified persons, as may be determined by the City,
throughout the performance of this Agreement to ensure acceptable and timely completion
of the Scope of Services. If the City objects, with reasonable cause, to any of the Contractor's
staff, the Contractor must take prompt corrective action acceptable to the City and, if
required, remove such personnel from the Project and replace with new personnel agreed to
by the City.
5.16 Subcontractors. Prior to beginning the work, the Contractor must furnish the City for
approval the names of subcontractors to be used under this Agreement. Any subsequent
changes are subject to the City’s written prior approval.
5.17 Force Majeure. If either party is delayed or prevented from the performance of any act
required under this Agreement by reason of acts of God or other cause beyond the control
and without fault of the Party (financial inability excepted), performance of that act may be
excused, but only for the period of the delay, if the Party provides written notice to the other
Party within ten days of such act. The time for performance of the act may be extended for a
period equivalent to the period of delay from the date written notice is received by the other
Party.
5.18 Compliance with Laws. Contractor understands, acknowledges, and agrees to comply
with the Americans with Disabilities Act, the Immigration Reform and Control Act of 1986 and
the Drug Free Workplace Act of 1989. All services performed by Contractor must also comply
with all applicable City of Chandler codes, ordinances, and requirements. Contractor agrees
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to permit the City to verify Contractor’s compliance.
5.19 No Israel Boycott. By entering into this Agreement, Contractor certifies that Contractor is
not currently engaged in, and agrees for the duration of the Agreement, not to engage in a
boycott of Israel as defined by state statute.
5.20 Legal Worker Requirements. A.R.S. § 41-4401 prohibits the City from awarding a contract
to any contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A).
Therefore, Contractor agrees Contractor and each subcontractor it uses warrants their
compliance with all federal immigration laws and regulations that relate to their employees
and their compliance with§ 23-214, subsection A. A breach of this warranty will be deemed a
material breach of the Agreement and may be subject to penalties up to and including
termination of the Agreement. City retains the legal right to inspect the papers of any
Contractor’s or subcontractor’s employee who provides services under this Agreement to
ensure that the Contractor and subcontractors comply with the warranty under this
provision.
5.21 Lawful Presence Requirement. A.R.S. §§ 1-501 and 1-502 prohibit the City from awarding
a contract to any natural person who cannot establish that such person is lawfully present in
the United States. To establish lawful presence, a person must produce qualifying
identification and sign a City-provided affidavit affirming that the identification provided is
genuine. This requirement will be imposed at the time of contract award. This requirement
does not apply to business organizations such as corporations, partnerships, or limited
liability companies.
5.22 Forced Labor of Ethnic Uyghurs Prohibited. By entering into this Agreement, Contractor
certifies and agrees Contractor does not currently use and will not use for the term of this
Agreement: (i) the forced labor of ethnic Uyghurs in the People's Republic of China; or (ii) any
goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of
China; or (iii) any contractors, subcontractors or suppliers that use the forced labor or any
goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of
China.
5.23 Covenant Against Contingent Fees. Contractor warrants that no person has been
employed or retained to solicit or secure this Agreement upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee, and that no
member of the Chandler City Council, or any City employee has any interest, financially, or
otherwise, in Contractor’s firm. For breach or violation of this warrant, the City may annul this
Agreement without liability or, at its discretion, to deduct from the Agreement price or
consideration, the full amount of such commission, percentage, brokerage, or contingent fee.
5.24 Non-Waiver Provision. The failure of either Party to enforce any of the provisions of this
Agreement or to require performance of the other Party of any of the provisions hereof must
not be construed to be a waiver of such provisions, nor must it affect the validity of this
Agreement or any part thereof, or the right of either Party to thereafter enforce each and
every provision.
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5.25 Disclosure of Information Adverse to the City’s Interests. To evaluate and avoid potential
conflicts of interest, the Contractor must 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 may
involve or be associated with any real property or personal property owned or leased by the
City. Such notice must be given seven business days prior to commencement of the services
by the Contractor for a third party, or seven business days prior to an adverse action as
defined below. Written notice and disclosure must be sent to the City’s Purchasing and
Materials Manager. An adverse action under this Agreement includes, but is not limited to: (a)
using data as defined in the Agreement acquired in connection with this Agreement to assist
a third party in pursuing administrative or judicial action against the City; or (b) testifying or
providing evidence on behalf of any person in connection with an administrative or judicial
action against the City; or (c) using data to produce income for the Contractor or its
employees independently of performing the services under this Agreement, without the prior
written consent of the City. Contractor represents that except for those persons, entities, and
projects identified to the City, the services performed by the Contractor under this Agreement
are not expected to create an interest with any person, entity, or third party project that is or
may be adverse to the City’s interests. Contractor's failure to provide a written notice and
disclosure of the information as set forth in this Section constitute a material breach of this
Agreement.
5.26 Data Confidentiality and Data Security. As used in the Agreement, data means all
information, whether written or verbal, including plans, photographs, studies, investigations,
audits, analyses, samples, reports, calculations, internal memos, meeting minutes, data field
notes, work product, proposals, correspondence and any other similar documents or information
prepared by, obtained by, or transmitted to the Contractor or its subcontractors in the
performance of this Agreement. The Parties agree that all data, regardless of form, including
originals, images, and reproductions, prepared by, obtained by, or transmitted to the Contractor
or its subcontractors in connection with the Contractor's or its subcontractor’s performance of this
Agreement is confidential and proprietary information belonging to the City. Except as specifically
provided in this Agreement, Contractor or its subcontractors must not divulge data to any third
party without the City’s prior written consent. Contractor or its subcontractors must not use the
data for any purposes except to perform the services required under this Agreement. These
prohibitions do not apply to the following data provided to the Contractor or its subcontractors
have first given the required notice to the City: (a) data which was known to the Contractor or its
subcontractors prior to its performance under this Agreement unless such data was acquired in
connection with work performed for the City; or (b) data which was acquired by the Contractor or
its subcontractors in its performance under this Agreement and which was disclosed to the
Contractor or its subcontractors by a third party, who to the best of the Contractor's or its
subcontractors knowledge and belief, had the legal right to make such disclosure and the
Contractor or its subcontractors are not otherwise required to hold such data in confidence; or (c)
data which is required to be disclosed by virtue of law, regulation, or court order, to which the
Contractor or its subcontractors are subject. In the event the Contractor or its subcontractors are
required or requested to disclose data to a third party, or any other information to which the
Contractor or its subcontractors became privy as a result of any other contract with the City, the
Contractor must first notify the City as set forth in this Section of the request or demand for the
data. The Contractor or its subcontractors must give the City sufficient facts so that the City can be
given an opportunity to first give its consent or take such action that the City may deem
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appropriate to protect such data or other information from disclosure. Unless prohibited by law,
within ten calendar days after completion or termination of services under this Agreement, the
Contractor or its subcontractors must promptly deliver, as set forth in this Section, a copy of all
data to the City. All data must continue to be subject to the confidentiality agreements of this
Agreement. Contractor or its subcontractors assume all liability to maintain the confidentiality of
the data in its possession and agrees to compensate the City if any of the provisions of this
Section are violated by the Contractor, its employees, agents or subcontractors. Solely for the
purposes of seeking injunctive relief, it is agreed that a breach of this Section must be deemed to
cause irreparable harm that justifies injunctive relief in court. Contractor agrees that the
requirements of this Section must be incorporated into all subcontracts entered into by
Contractor. A violation of this Section may result in immediate termination of this Agreement
without notice.
5.27 Personal Identifying Information-Data Security. Personal identifying information,
financial account information, or restricted City information, whether electronic format or
hard copy, must be secured and protected at all times by Contractor and any of its
subcontractors. At a minimum, Contractor must encrypt or password-protect electronic files.
This includes data saved to laptop computers, computerized devices, or removable storage
devices. When personal identifying information, financial account information, or restricted
City information, regardless of its format, is no longer necessary, the information must be
redacted or destroyed through appropriate and secure methods that ensure the information
cannot be viewed, accessed, or reconstructed. In the event that data collected or obtained by
Contractor or its subcontractors in connection with this Agreement is believed to have been
compromised, Contractor or its subcontractors must immediately notify the City contact.
Contractor agrees to reimburse the City for any costs incurred by the City to investigate
potential breaches of this data and, where applicable, the cost of notifying individuals who
may be impacted by the breach. Contractor agrees that the requirements of this Section must
be incorporated into all subcontracts entered into by Contractor. It is further agreed that a
violation of this Section must be deemed to cause irreparable harm that justifies injunctive
relief in court. A violation of this Section may result in immediate termination of this
Agreement without notice. The obligations of Contractor or its subcontractors under this
Section must survive the termination of this Agreement.
5.28 Jurisdiction and Venue. This Agreement is made under, and must be construed in
accordance with and governed by the laws of the State of Arizona without regard to the
conflicts or choice of law provisions thereof. Any action to enforce any provision of this
Agreement or to obtain any remedy with respect hereto must be brought in the courts
located in Maricopa County, Arizona, and for this purpose, each Party hereby expressly and
irrevocably consents to the jurisdiction and venue of such court.
5.29 Survival. All warranties, representations, and indemnifications by the Contractor must
survive the completion or termination of this Agreement.
5.30 Modification. Except as expressly provided herein to the contrary, no supplement,
modification, or amendment of any term of this Agreement will be deemed binding or
effective unless in writing and signed by the Parties.
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5.31 Severability. If any provision of this Agreement or the application to any person or
circumstance may be invalid, illegal or unenforceable to any extent, the remainder of this
Agreement and the application will not be affected and will be enforceable to the fullest
extent permitted by law.
5.32 Integration. This Agreement contains the full agreement of the Parties. Any prior or
contemporaneous written or oral agreement between the Parties regarding the subject
matter is merged and superseded.
5.33 Time is of the Essence. Time of each of the terms, covenants, and conditions of this
Agreement is hereby expressly made of the essence.
5.34 Date of Performance. If the date of performance of any obligation or the last day of any
time period provided for should fall on a Saturday, Sunday, or holiday for the City, the
obligation will be due and owing, and the time period will expire, on the first day after which
is not a Saturday, Sunday or legal City holiday. Except as may otherwise be set forth in this
Agreement, any performance provided for herein will be timely made if completed no later
than 5:00 p.m. (Chandler time) on the day of performance.
5.35 Delivery. All prices are F.O.B. Destination and include all delivery and unloading at the
specified destinations. The Contractor will retain title and control of all goods until they are
delivered and accepted by the City. All risk of transportation and all related charges will be
the responsibility of the Contractor. All claims for visible or concealed damage will be filed by
the Contractor. The City will notify the Contractor promptly of any damaged goods and will
assist the Contractor in arranging for inspection.
5.36 Third Party Beneficiary. Nothing under this Agreement will be construed to give any
rights or benefits in the Agreement to anyone other than the City and the Contractor, and all
duties and responsibilities undertaken pursuant to this Agreement will be for the sole and
exclusive benefit of City and the Contractor and not for the benefit of any other party.
5.37 Conflict in Language. All work performed must conform to all applicable City of Chandler
codes, ordinances, and requirements as outlined in this Agreement. If there is a conflict in
interpretation between provisions in this Agreement and those in the Exhibits, the provisions
in this Agreement prevail.
5.38 Document/Information Release. Documents and materials released to the Contractor,
which are identified by the City as sensitive and confidential, are the City’s property. The
document/material must be issued by and returned to the City upon completion of the
services under this Agreement. Contractor’s secondary distribution, disclosure, copying, or
duplication in any manner is prohibited without the City’s prior written approval. The
document/material must be kept secure at all times. This directive applies to all City
documents, whether in photographic, printed, or electronic data format.
5.39 Exhibits. The following exhibits are made a part of this Agreement and are incorporated
by reference:
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Exhibit A - Project Description/Scope of Services
Exhibit B - Compensation and Fees
Exhibit C - Insurance Requirements
Exhibit D - Special Conditions
5.40 Special Conditions. As part of the services Contractor provides under this Agreement,
Contractor agrees to comply with and fully perform the special terms and conditions set forth
in Exhibit D, which is attached to and made a part of this Agreement.
5.41 Cooperative Use of Agreement. In addition to the City of Chandler and with approval of
the Contractor, this Agreement may be extended for use by other municipalities, school
districts and government agencies of the State. Any such usage by other entities must be in
accordance with the ordinance, charter and/or procurement rules and regulations of the
respective political entity.
If required to provide services on a school district property at least five times during a month,
the Contractor will submit a full set of fingerprints to the school of each person or employee
who may provide such service. The District will conduct a fingerprint check in accordance
with A.R.S. 41-1750 and Public Law 92-544 of all Contractors, subcontractors or vendors and
their employees for which fingerprints are submitted to the District. Additionally, the
Contractor will comply with the governing body fingerprinting policies of each individual
school district/public entity. The Contractor, sub-contractors, vendors and their employees
will not provide services on school district properties until authorized by the District.
Orders placed by other agencies and payment thereof will be the sole responsibility of that
agency. The City will not be responsible for any disputes arising out of transactions made by
other agencies who utilize this Agreement.
5.42 Reserved.
5.43 Licenses and Permits. Beginning with the Effective Date and for the full term of this
Agreement, Contractor must maintain all applicable City, state, and federal licenses and
permits required to fully perform Contractor’s services under this Agreement.
5.44 Warranties. Contractor must furnish a one-year warranty on all work and services
performed under this Agreement. Contractor must furnish, or cause to be furnished, a two-
year warranty on all fixtures, furnishings, and equipment furnished by Contractor,
subcontractors, or suppliers under this Agreement. Any defects in design, workmanship, or
materials that do not comply with this Agreement must be corrected by Contractor (including,
but not limited to, all parts and labor) at Contractor’s sole cost and expense. All written
warranties and redlines for as-built conditions must be delivered to the City on or before the
City’s final acceptance of Contractor’s services under this Agreement.
5.45 Emergency Purchases. City reserves the rights to purchase from other sources those
items, which are required on an emergency basis and cannot be supplied immediately by the
Contractor.
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5.46 Non-Exclusive Agreement. This agreement is for the sole convenience of the City of
Chandler. The City reserves the right to obtain like goods or services from another source
when necessary.
5.47 Budget Approval Into Next Fiscal Year. This Agreement will commence on the Effective Date
and continue in full force and effect until it is terminated or expires in accordance with the
provisions of this Agreement. The Parties recognize that the continuation of this Agreement after
the close of the City's fiscal year, which ends on June 30 of each year, is subject to the City
Council's approval of a budget that includes an appropriation for this item as expenditure. The
City does not represent that this budget item will be actually adopted. This determination is solely
made by the City Council at the time Council adopts the budget.
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This Agreement shall be in full force and effect only when it has been approved and executed
by the duly authorized City officials.
FOR THE CITY
FOR THE CONTRACTOR
By: _________________________________________
By: _________________________________________
Its: _________________________________________
Its: _________________________________________
APPROVED AS TO FORM:
By: _________________________________________
City Attorney
ATTEST:
By: _________________________________________
City Clerk
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EXHIBIT A
SCOPE OF WORK/SPECIFICATIONS
BACKGROUND
Contractor will provide and install new transit shelters/furniture, repair, and relocate or remove existing
transit furniture.
Currently, there are approximately 380 bus stops throughout the City, of which approximately 270 have
bus shelters and an additional 20 have benches and/or trash cans. Bus shelters range from small shelters
(4’ x 9’) with one bench, a rear shade screen and no advertising kiosk; to large shelters (19’ x 8’) with a rear
shade screen, mid-shade screen, three large benches, attached map kiosk, and detached advertising
kiosk. There are also several different types and sizes of shelters in between these two examples.
TRANSIT FURNITURE MANUFACTURE AND INSTALLATION (GROUP 1 ITEMS)
Contractor shall provide transit shelter furniture to match existing transit furniture in the City, with minor
modifications as specified herein.
Small and medium-size shelters shall have eyebolts in the top of the shelter located to allow for safe
lifting of the shelter. The eyebolts must be located in such a way that the shelter can be lifted straight up
by the use of a crane. The eyebolts must also be structurally sound and attached to hold two times the
weight of the shelters. Large shelters must either meet the same eyebolt requirement as for small and
medium-size shelters, or the proposer may construct the shelter in a way that would allow for belts or
some other alternate strategy to be utilized to lift the shelter straight up by use of a crane. If an alternate
methodology is used, the proposer must specifically detail how the shelter is to be lifted and certify that
the roof or other lifting point is strong enough to hold a minimum of two times the weight of the shelters.
The transit shelters and furniture shall be designed from bent structural pipe and perforated steel. The
shelter and all furniture shall be fully assembled prior to installation.
A certified welder shall perform all welding and related work. The Contractor shall have the welds and
welding procedures inspected and tested to assure quality products, with certified reports provided to
the City prior to installation.
All pipe coping shall be done using the machine coping procedure (not with a torch).
All designs must comply with the most recently adopted Americans with Disabilities Act (ADA)
regulations. This includes, but is not limited to, providing required ADA clear spaces under shelters and
maintaining required clear space for deployment of wheelchair ramp onto concrete pad.
All anchoring shall be with welded footplates with holes in the footplates for half inch (0.5”) diameter
anchor bolts. Products shall be anchored with a dual bolt base anchoring system with a minimum of two,
half inch (0.5”) bolt holes per foot plate per column.
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The following specifications must be met:
Beams, angles, channels, and plates---ASTM A36, Fy=36ksi or stronger
Pipe material (roof frame, vertical supports, bench frame, etc.)---ASTM A501, Fy=36ksi or stronger
High Strength bolts--- ASTM A325
Nuts for high Strength blots----ASTM A563. A
Shelters shall not have sharp or pointed edges. Any object that could be considered a threat or create
harm to someone will not be acceptable. The Contractor shall replace or repair at its own cost.
Transit Furniture Manufacture shall be completed within four months of City placing order.
MATERIALS/FABRICATION
Mini shelter design shall match new mini shelters in Chandler. Examples of these shelters can be
viewed at the Northeast corner of Ray Road and Pennington Drive and Northwest corner of Ray Road and
Adams Street (see Figure 0). Mini shelters shall be 7.5’ in length and 5’ in depth. A middle shade screen
shall be approximately 2’ in length, making sure to leave a minimum 31” clear space to allow passage
through the shelter. Side shade screens shall be installed on each end of the shelter and shall be
approximately 20” on the near side of the shelter and 30” on the far side of the shelter. Each end of each
side shade screen shall be attached to a vertical support for the shelter roof. Roof shall be a pitched flat
steel roof with 7’ 10” tall at highest point and 7’ 4.5” at its lowest point. Shelter, detached 3-sided kiosk
(design criteria in “Advertising Kiosks” section below), and trash receptacle must fit on 4.5’ x 18’ concrete
pad. Mini shelter shall include three 2-foot benches located on each side of the middle shade screen and
on the outside of the shelter, adjacent to the far-side shade screen.
Figure 0: Mini Shelter
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Small shelter design shall match small, newer small shelters in Chandler. Examples of these shelters can
be viewed at the southeast corner of Ray Rd./ Ponderosa Ave. and Ray Rd./Hamilton St. Small shelters
shall be 11’ – 11.5’ in length by 4.25’ in depth. The rear shade screen shall run the entire length of the
shelter. Side shade screens, shall be placed on each end of the shelter. The side shade screen on the
near-side of the shelter will be 12” wide. The side shade screen on the far-side of the shelter will be 9”
wide. Each end of each side shade screen shall be attached to a vertical support for shelter roof. Roof
shall be 7.5’ tall at highest point and 7’ at its lowest point. Shelter, detached 3-sided narrow kiosk (design
criteria in “Advertising Kiosks” section below), and trash receptacle must fit on 2.5’ x 22’ concrete pad.
Small shelter shall include one 5-foot bench located at one end of the rear shade screen, while the other
end of the rear shade screen shall be left completely open so that there is a minimum 5’ wide open space
under the shelter roof for wheelchair seating and wheelchair ramp deployment.
Figure 1: Small Shelter
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Medium shelter design shall match new medium-sized shelters in Chandler (See Figure 2). Examples of
the new medium-sized shelters can be viewed at the southeast corner of Ray Rd./ Price Rd. (two attached
kiosks). or the southwest corner of Dobson Rd./Chandler Blvd. Medium shelters shall be 13’ long by 6’
deep by 8’ tall at highest point of roof and 7’ at lowest point of roof. Medium shelters shall have a 8’ mid-
shade screen, leaving a four-foot wide space completely open for wheelchair passage and seating.
Medium shelters shall have 23” wide side shade screens on both the near and far-side of the shelter.
Medium shelter shall include two 6’ benches. Price shall include pricing for medium shelters without
kiosks and with two attached kiosks. Attached kiosks shall be the same as for the 2-sided kiosks, except
that the back side shall be a flat steel panel, instead of a 2nd advertisement display.
Figure 2: Medium Shelter (No attached kiosks)
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Figure 3: Medium Shelter (Attached Kiosks)
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Large shelter design shall match the new large bus shelters utilized in the City of Chandler (See Figure 4).
Examples of the new large shelters can be viewed at the northwest corners of Ray Rd./ and Ray Rd./ Alma
School Rd. Large shelters shall be 18’ - 18.5’ long by 8’ deep by 8.5’ tall at highest point of roof and 7’ at
lowest point of roof. Large shelters shall have a rear shade screen on the near-side of the shelter 9’ - 9.5’
in length and a mid-shade screen on the far-side of the shelter, 8’ - 8.5’ in length. Large shelters shall
have 3.5’ side shade screens on each end. Large shelters shall have two 6-foot benches and one five-foot
bench. The five-foot bench shall be placed against the rear shade screen. There shall be a minimum 4’
wide open space between the end of the mid-shade screen and the 5’ bench.
Figure 4: Large Shelter
Shelter Roof Frame and Vertical Supports
Minimum three-inch (3”) schedule 40 standard pipe.
Shelter Roofing
Rollfab Metal Products or an approved equal. Roof shall be a standing-seam steel roof in a copper color,
unless otherwise specified by City. Required certified testing results from American Society for Testing
and the National Coil Coaters Association. All parts including the parts and materials for the removable
roof shall be tamper proof and vandal resistant. Premium fluoropolymer coating produced with full
strength Kynar 500 or Hylar 5000 resin.
The underside of the shelter roof shall be covered with minimum 16-guage solid steel panels, painted to
match the rest of the shelter. Panels shall be riveted into place using (3/16”) stainless steel rivets on
average every 10”. Rivets are to start 1” from each side of the corners of the roof frame and work to the
center of roof frame. There shall be no more than a 12” gap between rivets.
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Shade Screens
Shade screens shall be a minimum of sixteen (16) gauge steel forty-two percent (42%) perforated with
0.75” solid channel border around outside.
Metal Channel: All shade screens are to be riveted using three-sixteenths inch (3/16”) stainless steel rivets
to a metal channel approximately 1” x 1/2” x 1/8”. The channels are to be riveted using three-sixteenths
inch (3/16”) stainless steel rivets to the screen frame, vertical support, or roof frame on average every 12”
- 14”. Rivets are to start 1” from each side of the corners of the main shelter frame and channel and work
to the center of the frame and channel on the outside perimeters of the shelter.
Screens are to be riveted to the metal channel on average every 6” using three-sixteenths inch (3/16”)
stainless steel rivets. Rivets are to start 1” from each side of the corners of the screen and channel and
work to the center of the screen and channel on the outside perimeters of the shelter. There shall be no
more than a 7” gap between rivets.
Shade screen frames: Mid-shade screens shall have a shelter framing 2” schedule 40 standard pipe, in the
center, at top and bottom of screen, running lengthwise welded to the 3” vertical support uprights for the
top and bottom screen to attach to. The top shade screen frame shall run lengthwise approximately 14”
below the center underside of the roof of medium shelters and approximately 18” below the center
underside of the roof of large shelters. The bottom frame of the shade screen shall run lengthwise 4” - 5”
above the concrete shelter pad.
Rear-shade screens shall have a shelter framing 2” schedule 40 standard pipe, in the center and along the
bottom of the screen, running lengthwise welded to the 3” vertical support uprights for the top and
bottom screen to attach to. At the top, rear-shade screens shall be attached to the shelter’s roof frame
(riveted to metal channel). The bottom frame of the shade screen shall run lengthwise 4” – 5” above the
concrete shelter pad.
Side shade screens shall have a shelter framing 2” schedule 40 standard pipe, at the top and bottom of
screen, welded to the 3” vertical support uprights for the screen to attach to. The bottom of the side
shade screen shall be the same height as the mid and/ or rear shade screens. The height of the top of
the shade screen shall be such that there is enough space to fit the transit logo (sizes specified below)
without leaving any gaps between the roof and side shade screen. For medium and large shelters, this
height should match the top of the mid-shade screen.
Transit Logo
Transit logo panels must be manufactured using a minimum 1/8” steel with cut out letters and shall be
installed by the Contractor. The panels will be integrated into the shelter and visible from two directions.
Panel sizes for large shelters must be 42” wide and 16.5” tall on the high side and 6” tall on the low side.
Panel sizes for medium shelters must be 23” wide and 12.5” tall on the high side and 8.5” tall on the low
side. Panel sizes for small shelters must be 9” wide and approximately 15” tall on the high side and
approximately 12” tall on the low side. All panels shall say ‘BUS’ in large lettering (minimum 6” height) and
shall incorporate the City of Chandler logo (see Figure 5) as well. The word ‘BUS’ will be cut using plasma
or a laser cutter. The City logo may be cut using plasma or a laser cutter, may be painted onto logo
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panel, or may be attached as a sticker only if approved by City after inspection of material quality. If
painted, the logo may be one solid color (to be selected by City). If painted, Contractor must leave one
stencil with City’s Contract Administrator upon completion of work.
Figure 5: City Logo
BENCHES
Minimum 1.5” X .120 pipe steel for bench frame. Bench seating screens shall be a minimum of ten (10)
gauge steel forty-two percent (42%) perforated. All benches shall have an armrest on each end of the
bench. All 5-foot benches shall have one arm-rest bar in the middle of the bench. All 6-foot benches
shall have two arm-rest bars, evenly spaced. Armrest bars shall be minimum 1.5” schedule 40 standard
pipe and shall rise at least 6” from bench seating screen. Arm-rest bars in the middle of benches shall be
designed so that a person’s legs do not fit underneath the arm-rest bar. Benches shall have four anchor
points and be anchored in with ½” anchor bolts through the steel footing plates. Bench seating surface
shall have a 20” depth and 17” seating surface height. Benches shall be placed so that bench seating
surface is within 2.5” of shade screen, so that shade screen can comfortably be used as a backrest.
SOLAR LIGHTING UNITS
The solar lighting system shall be a complete operating system, with each subcomponent integrated and
operating in parallel with each other.
Low Profile Installation: All equipment shall fit the contour and shape of the shelter structure with
minimal visibility at street level. All wiring shall be hidden out of view and protected from tampering.
The solar system and all solar system parts shall be vandalism and theft resistant and shall be
incorporated into the shelter to be as discreet and low profile as possible to attract as little attention as
possible.
Equipment Frame/Casework shall use security hardware and be used throughout. Excluding the metal
roof and solar panel fasteners, all exposed lighting equipment and related components shall be powder-
coated to match the shelter color.
The whole system shall be lightweight and will be installed on the shelters without structural
modifications (other than system fasteners, cable routing and brackets etc.).
The system will be fully integrated (as part of the shelter design), which includes solar LED dusk to dawn
lighting system capable of providing a minimum of 3 foot-candle within the canopy area of the shelter
with a minimum 4-year battery life. To achieve 3 foot-candle lighting throughout the entire shelter, large
and medium shelters will require a dual lighting unit with two LED lights evenly spaced. Foot-candle
intensity shall be measured at the bench.
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ADVERTISING KIOSKS
Kiosks will have space to hold 4’ x 6’ posters inside hinged clear, UV resistant, window grade
polycarbonate sheet (minimum 3/16” thickness) front enclosures. Support legs and frame shall be
minimum 3” schedule 40 standard pipe. Two-sided kiosks shall hold 2 posters, back-to-back (See Figure
5). Three-sided kiosks shall hold three posters, forming an equilateral triangle (See Figure 6).
Figure 5: 2-sided kiosk Figure 6: 3-sided kiosk
Narrow three-sided kiosk to accompany small shelter shall form an isosceles triangle of approximate
lengths of 4.75’ x 4.75’ x 8.5’ (see Figure 7). Rear side of kiosk shall provide a space for map display (4’x6’),
while the remaining space on the rear side of the kiosk shall be covered with minimum 16-guage solid
steel panels, painted to match the rest of the kiosk. Panels shall be riveted to metal channels, meeting
the same channel/ riveting requirements as for shade screens.
Figure 7: Narrow, 3-Sided Kiosk Dimensions
Kiosks shall be installed on the far side of the shelter so that it does not block passengers from the view
of the bus driver.
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TRASH RECEPTACLE
Cylindrical trash receptacles, matching trash receptacles at new large bus shelter locations in Chandler,
with lid, constructed on minimum one-inch (1”) steel channel frame and minimum 10-gauge steel plate
with 16-gauge forty-two (42%) perforated steel with pin-fastened minimum eight-inch (8”) diameter pipe
pedestal six inches (6”) tall. (See Figure 8).
The trash receptacle lid shall have same steel channel frame and 10-gauge steel plate as receptacle base,
but shall also have a six-inch (6”) hole (with same steel channel frame as for the outer radius of the lid) for
the trash to be thrown in to the inside of the trash receptacle. The lid shall have a chain welded to it. The
chain shall mount to a one-quarter inch (1/4”) bolt that is welded inside the trash receptacle. The chain
shall mount to the bolt with a lock nut fastening the chain on the bolt and against the trash receptacle.
The trash receptacle shall have drainage holes located in the bottom outside edges of the trash
receptacle.
Size: Thirty-gallon (30 gal) receptacle; top lid two feet (2’) in diameter.
Anchoring: One half inch (1/2”) anchor bolt through bottom (center) of pedestal.
Figure 8: Trash Receptacle
PAINT/COLOR
Unless City selects an alternate color, all shelters (except the roof), benches, kiosks, trash receptacles and
any other transit furniture shall be oven-baked powder coated (color to be provided by City) per
manufacture recommendations. Exterior TGIC polyester powder coated finish with a minimum mil
thickness of 1.5 on all materials. Before ordering paint supplies, contractor shall verify City’s color
selection by checking with City’s designated contract administrator. Contractor shall select a quality paint
manufacture and submit to City for final approval. Paint application shall be per manufacturer’s
recommendations and testing requirements.
TRANSIT FURNITURE INSTALLATIONS
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Contractor shall install all furniture at locations specified by City.
All transit furniture must be anchored using the welded foot plates and be capable of being anchored
into either four (4”) inch or six (6”) thick concrete transit pads or a combination of concrete with brick
pavers. It is the Contractor’s responsibility to properly anchor all transit furniture.
Anchor holes must be drilled (prior to placement of furniture) into the concrete. The drill bit diameter
and depth must be the same as recommended by anchor used. No more than 3 threads of the anchor
bolt will be above the final installed nut on the anchor bolt. All nuts will be fastened per the design
specification.
Installed shelters shall be left in a clean state, with all dust created from installation having been cleaned
and removed. Any paint scratches shall be sanded and repainted before City accepts final installation.
Contactor shall provide a secure area to store all transit related furniture, components, and any other
related hardware as needed for the duration of the contract at no additional cost to the City. Contractor
shall store City’s transit furniture in Contractor’s yard until City is ready to have furniture installed at bus
stop locations.
Once furniture manufacture is complete, installations shall be completed within ten business days of City
request. If the City makes a request for a large number of furniture installations (six or more furniture
sets) to be performed, City may allow up to ten additional business days for Contractor to complete the
installations.
TRANSIT FURNITURE REMOVALS AND RELOCATIONS (GROUP 2 ITEMS)
Contractor shall furnish all labor, equipment, transportation, tools, and supplies necessary to remove,
relocate, install and/or adjust the location of transit furniture. Removal work includes removing all transit
furniture from site and transporting transit furniture to the City’s surplus yard (975 E. Armstrong Way,
Chandler, AZ 85286) or a designated salvage area. Relocation work includes removing all transit furniture
from one bus stop location and re-installing this furniture at a different bus stop location as directed by
the City. Installation work includes picking up transit furniture from City’s surplus yard and installing
transit furniture at a bus stop location as directed by City. Contractor shall supply anchoring hardware for
relocations and installations.
Furniture removal shall be performed within five business days of City request. Furniture relocations
shall be performed within ten business days. If the City makes a request for a large number of furniture
relocations (six or more furniture sets) to be performed, City may allow up to five additional business
days for Contractor to complete the relocations.
When removing, relocating or installing transit furniture, the finished site and transit furniture shall be
left dust free and clean, and any paint scratches or stains resulting from the move shall be sanded and
spray painted in a color to match the furniture. When a shelter is removed, the old anchoring bolts shall
be removed or sawed off and hammered down into the concrete so that nothing is protruding above the
concrete.
When removing or relocating transit furniture, Contractor shall remove and replace any existing signage,
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including “NEXTRIDE” signage attached to existing transit furniture, and install this signage on the new
furniture being installed at the same site. If no furniture is being installed, the NEXTRIDE sign shall be
attached to the bus stop sign pole. NEXTRIDE signage will remain at its designated location.
Prices for shelter set removals, relocations and installations shall include shelter, benches, trash can, and
advertising kiosk. Shelter set prices shall apply to any shelter size, except Arizona Avenue Bus Rapid
Transit (BRT) shelters.
ON-SITE TRANSIT FURNITURE REPAIR (GROUP 3 ITEMS)
Contractor shall furnish all labor, equipment, transportation, tools, and supplies necessary to repair on-
site furnishings to their original condition. The repairs may include, but are not limited to minor
fabrication, welding, reattaching and/or replacing shade screens, replacing trash receptacle lids, replacing
transit logo panels, roof repair, graffiti removal, repainting (oil-based paint), battery replacement, minor
electrical repair, solar panel replacement and repairing or replacing light fixtures and its components.
On-site furniture repair shall be conducted within ten business days of City request. If the City makes a
request for a large number of on-site repairs (six or more sites) to be performed, City may allow up to five
additional business days for Contractor to complete the on-site repairs.
Shelter lighting system must be repaired using components equivalent to the original lighting system
design after being tested for operability. When a lighting unit is out, components shall be tested, so that
only the faulty component will be repaired (i.e. Contractor shall not replace LED light fixture, solar panel,
and battery, if only the battery is defective). If a new battery is installed, it shall have a minimum 4-year
life expectancy. Lighting repairs shall be completed within 10 days of City request, or within 30 days if
more than 10 shelters need lighting repairs.
Paint and all prep work must be performed based on paint manufacturer’s recommendations. Contractor
shall select a quality paint manufacture and submit to the City for final approval. Repainting prices shall
include required prep work and repainting of shelter, kiosk, benches and trash can.
Unless specifically noted, prices are for typical (non-BRT) shelters. BRT shelters are large shelters with
enhanced electrical lighting and three different paint colors. Shelters are located on Arizona Avenue on
both sides of the intersections with Elliot Rd., Warner Rd., Ray Rd., Chandler Blvd., Pecos Rd., and
Germann Rd.
Transparent 4’x6’ covers for advertising kiosks shall be replaced with high quality polycarbonate with co-
extruded UV protection on both sides to ensure a long lifespan.
Shade screen replacements shall be 16 gauge perforated (42%) steel panels. Shade screen sizes vary.
Shade screen sizes may include, but are not limited to:
Large Shade Screens: 35” x 137”,
Medium Shade Screens: 35” x 96”, 35" x 106", 72" x 42.5", 32" x 93", 35" x 73.5", 35" x 69.5", 26" x
93" (with rounded top)
Small Shade Screens: 72" x 18", 72" x 23"
OFF-SITE TRANSIT FURNITURE REPAIR (GROUP 4 ITEMS)
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Contractor shall furnish all labor, equipment, transportation, tools, and supplies necessary to repair
furnishings to the original condition off-site at the Contractor’s designated location. Contractor shall
remove, repair, and reinstall the shelters with the associated furniture and accessories.
Off-site furniture repair and re-installation of transit furniture shall be completed within 30 business days
of a request from City. Transit furniture shall be reinstalled within 15 business days of being removed.
Repair work may include the following:
Removal and replacement of existing roof canopy elements including all necessary removal of
existing material and caulking; coating and painting; and cutting of panels to match existing
configuration of shelter.
Removal and replacement of inoperable light fixtures and solar components after being tested
and found to be faulty and in need of replacement.
Removal and replacement of perforated steel panels, attachment channels, and other associated
hardware. Straightening of existing panels, paint removal and surface restoration to like new
condition, including all necessary hardware and its attachments and components.
Removal and replacement of the transit system logo panel including all attachment features, or
installing a new transit logo sign panel.
Repainting through oven bake and powder coat technique. Painting shall be performed based on
selected paint manufacture’s recommendations. Paint manufacturer must be approved by City in
advance. New paint colors will be determined by the City.
The reinstallation of the shelters, benches, and/or trash receptacles shall be installed at the
original site or at an alternate site as designated by the City.
Replacing 4’x6’ advertising kiosk polycarbonate/ plexiglass panels with co-extruded UV protection
on both sides.
Prices for Group 4 repairs shall include furniture pick up, repair of any corroded shelter components,
repainting (oven bake/powder coat), replacing transit logo, replacing 4'x6' plexi-glass panels on kiosks,
repairing and reattaching or replacing shade screens, replacing solar lighting battery, re-installation, and
for OA13AD model shelters, the price shall include replacement of roof panels. Examples of the OA13AD
model can be seen on the southeast corner of Alma School Rd. and Elliot Rd. and the southwest corner of
Rural Rd. and Ray Rd.
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Figure 9: OA13AD Shelter
MISCELLANEOUS LABOR (GROUP 5 ITEMS)
Contractor shall provide labor when requested by the City. If the requested task does not line up with
any of the Group 1 – 4 tasks, Contractor shall charge the City an hourly rate for labor
Additional Services are tasks and services required of Contractor, not otherwise already specified per the
contract but as directed by the City, for events and situations associated with providing comprehensive
transit furniture manufacturing and bus stop enhancement services. Contractor shall provide all qualified
personnel, equipment and incidentals necessary to perform the additional services. This includes any
needed increases in personnel and/or additional equipment above and beyond that which is currently
provided by Contractor.
Contractor will be compensated for labor at the hourly rate specified in the Group 5 Items, plus a flat rate
mobilization cost per incident. Labor hours shall only be charged for hours worked on site and shall not
include any hours travelling to/ from Chandler. Any materials, parts, and incidentals utilized for
additional services shall be charged to the CITY as a pass-through cost. Contractor shall provide a total
cost for the additional services (equipment, materials, parts, incidentals, and labor) for the CITY’s
approval. Contractor must receive written authorization from the CITY prior to performing additional
services. Receipts are required to be submitted with invoice(s) or Contractor’s costs will be excluded from
payment.
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EXHIBIT B
PRICE SCHEDULE
Please note that all quantities shown are estimates only. Actual work required may vary.
Installation includes shelter with solar lighting, benches, kiosk, and trash receptacle.
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EXHIBIT B
PRICE SCHEDULE CONTINUED
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EXHIBIT C
INSURANCE
General.
A.
At the same time as execution of this Agreement, the Contractor shall furnish the City a
certificate of insurance on a standard insurance industry ACORD form. The ACORD form
must be issued by an insurance company authorized to transact business in the State of
Arizona possessing a current A.M. Best, Inc. rating of A-7, or better and legally authorized to
do business in the State of Arizona with policies and forms satisfactory to City. Provided,
however, the A.M. Best rating requirement shall not be deemed to apply to required
Workers’ Compensation coverage.
B.
The Contractor and any of its subcontractors shall procure and maintain, until all of their
obligations have been discharged, including any warranty periods under this Agreement
are satisfied, the insurances set forth below.
C.
The insurance requirements set forth below are minimum requirements for this
Agreement and in no way limit the indemnity covenants contained in this Agreement.
D.
The City in no way warrants that the minimum insurance limits contained in this
Agreement are sufficient to protect Contractor from liabilities that might arise out of the
performance of the Agreement services under this Agreement by Contractor, its agents,
representatives, employees, subcontractors, and the Contractor is free to purchase any
additional insurance as may be determined necessary.
E.
Failure to demand evidence of full compliance with the insurance requirements in this
Agreement or failure to identify any insurance deficiency will not relieve the Contractor
from, nor will it be considered a waiver of its obligation to maintain the required insurance
at all times during the performance of this Agreement.
F.
Use of Subcontractors: If any work is subcontracted in any way, the Contractor shall
execute a written contract with Subcontractor containing the same Indemnification Clause
and Insurance Requirements as the City requires of the Contractor in this Agreement. The
Contractor is responsible for executing the Agreement with the Subcontractor and
obtaining Certificates of Insurance and verifying the insurance requirements.
Minimum Scope and Limits of Insurance. The Contractor shall provide coverage with limits of liability not
less than those stated below.
A.
Commercial General Liability-Occurrence Form. Contractor must maintain “occurrence” form
Commercial General Liability insurance with a limit of not less than $2,000,000 for each
occurrence, $4,000,000 aggregate. Said insurance must also include coverage for products
and completed operations, independent contractors, personal injury and advertising injury.
If any Excess insurance is utilized to fulfill the requirements of this paragraph, the Excess
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insurance must be “follow form” equal or broader in coverage scope than underlying
insurance.
B.
Automobile Liability-Any Auto or Owned, Hired and Non-Owned Vehicles
Vehicle Liability: Contractor must maintain Business/Automobile Liability insurance with a
limit of $1,000,000 each accident on Contractor owned, hired, and non-owned vehicles
assigned to or used in the performance of the Contractor’s work or services under this
Agreement. If any Excess or Umbrella insurance is utilized to fulfill the requirements of this
paragraph, the Excess or Umbrella insurance must be “follow form” equal or broader in
coverage scope than underlying insurance.
C.
Workers Compensation and Employers Liability Insurance: Contractor must maintain Workers
Compensation insurance to cover obligations imposed by federal and state statutes having
jurisdiction of Contractor employees engaged in the performance of work or services
under this Agreement and must also maintain Employers’ Liability insurance of not less
than $1,000,000 for each accident and $1,000,000 disease for each employee.
D.
Builders’ Risk/Installation Floater Insurance. The Contractor bears all responsibility for loss to
all equipment or Work under construction. Unless waived in writing by the City the
Contractor will purchase and maintain in force Builders’ Risk/Installation Floater insurance
on the entire Work until completed and accepted by the City. This insurance will be Special
Causes of Loss policy form, (minimally including perils of fire, flood, lightning, explosion,
windstorm and hail, smoke, aircraft and vehicles, riot and civil commotion, theft, vandalism,
malicious mischief, and collapse), completed value, replacement cost policy form equal to
the contract price and all subsequent modifications. The Contractor’s Builders’
Risk/Installation Floater insurance must be primary and not contributory.
1. Builders’ Risk/Installation Floater insurance must cover the entire Work including
reasonable compensation for architects and Contractors’ services and expenses and
other “soft costs” made necessary by an insured loss. Builders’ Risk/Installation Floater
insurance must provide coverage from the time any covered property comes under the
Contractor’s control and or responsibility, and continue without interruption during
course of construction, renovation and or installation, including any time during which
any project property or equipment is in transit, off site, or while on site for future use or
installation. Insured property must include, but not be limited to, scaffolding, false
work, and temporary buildings at the site. This insurance must also cover the cost of
removing debris, including demolition as may be legally required by operation of any
law, ordinance, regulation or code.
2. The Contractor must also purchase and maintain Boiler and Machinery insurance with
the same requirements as Builders’ Risk/Installation Floater insurance cited above if the
Work to be performed involves any exposures or insurable property normally covered
under a Boiler and Machinery insurance policy or made necessary as required by law or
testing requirements in the performance of this Contract/Agreement. The Contractor
will be responsible for any and all deductibles under these policies and the Contractor
waives all rights of recovery and subrogation against the City under the Contractor’s
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Builders’ Risk/Installation Floater insurance described herein.
3. Builders’ Risk/Installation Floater Insurance must be maintained until whichever of the
following first occurs: (i) final payment has been made; or, (ii) until no person or entity,
other than the City, has an insurable interest in the property required to be covered.
a. The Builders’ Risk/Installation Floater insurance must be endorsed so that the
insurance will not be canceled or lapse because of any partial use or occupancy by
the City.
b. The Builders Risk/Installation Floater insurance must include as named insureds, the
City, the Contractor, and all tiers of subcontractors and others with an insurable
interest in the Work who will be named as additional insureds unless they are able
to provide the same level of coverage with the City and Contractor named as
additional insureds. Certificates must contain a provision that the insurance will not
be canceled or materially altered without at least 30 days advance notice to the City.
The City must also be named as a Loss Payee under the Builders’ Risk/Installation
Floater coverage.
c. The Builders Risk/Installation Floater insurance must be written using the Special
Causes of Loss policy form, replacement cost basis.
d. All rights of subrogation under the Builders Risk/Installation Floater insurance are,
by this Contract/Agreement, waived against the City, its officers, officials, agents and
employees.
e. The Contractor is responsible for payment of all deductibles under the Builders’
Risk/Installation Floater insurance policy.
Additional Policy Provisions Required.
A. Self-Insured Retentions or Deductibles. Any self-insured retentions and deductibles must be
declared and approved by the City. If not approved, the City may require that the insurer
reduce or eliminate any deductible or self-insured retentions with respect to the City, its
officers, officials, agents, employees, and volunteers.
1. The Contractor’s insurance must contain broad form contractual liability coverage.
2. The Contractor's insurance coverage must be primary insurance with respect to the
City, its officers, officials, agents, and employees. Any insurance or self-insurance
maintained by the City, its officers, officials, agents, and employees shall be in excess of
the coverage provided by the Contractor and must not contribute to it.
3. The Contractor's insurance must apply separately to each insured against whom claim
is made or suit is brought, except with respect to the limits of the insurer's liability.
4. Coverage provided by the Contractor must not be limited to the liability assumed under
the indemnification provisions of this Agreement.
5. The policies must contain a severability of interest clause and waiver of subrogation
against the City, its officers, officials, agents, and employees, for losses arising from
Work performed by the Contractor for the City.
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6. The Contractor, its successors and or assigns, are required to maintain Commercial
General Liability insurance as specified in this Agreement for a minimum period of
three years following completion and acceptance of the Work. The Contractor must
submit a Certificate of Insurance evidencing Commercial General Liability insurance
during this three year period containing all the Agreement insurance requirements,
including naming the City of Chandler, its agents, representatives, officers, directors,
officials and employees as Additional Insured as required.
7. If a Certificate of Insurance is submitted as verification of coverage, the City will
reasonably rely upon the Certificate of Insurance as evidence of coverage but this
acceptance and reliance will not waive or alter in any way the insurance requirements
or obligations of this Agreement.
B.
Insurance Cancellation During Term of Contract/Agreement.
1. If any of the required policies expire during the life of this Contract/Agreement, the
Contractor must forward renewal or replacement Certificates to the City within ten days
after the renewal date containing all the required insurance provisions.
2. Each insurance policy required by the insurance provisions of this Contract/Agreement
shall provide the required coverage and shall not be suspended, voided or canceled
except after 30 days prior written notice has been given to the City, except when
cancellation is for non-payment of premium, then ten days prior notice may be given.
Such notice shall be sent directly to Chandler Law-Risk Management Department, Post
Office Box 4008, Mailstop 628, Chandler, Arizona 85225. If any insurance company
refuses to provide the required notice, the Contractor or its insurance broker shall
notify the City of any cancellation, suspension, non-renewal of any insurance within
seven days of receipt of insurers’ notification to that effect.
A.
City as Additional Insured. The policies are to contain, or be endorsed to contain, the
following provisions:
1. The Commercial General Liability and Automobile Liability policies are to contain, or be
endorsed to contain, the following provisions: The City, its officers, officials, agents, and
employees are additional insureds with respect to liability arising out of activities
performed by, or on behalf of, the Contractor including the City's general supervision of
the Contractor; Products and Completed operations of the Contractor; and automobiles
owned, leased, hired, or borrowed by the Contractor.
2. The City, its officers, officials, agents, and employees must be additional insureds to the
full limits of liability purchased by the Contractor even if those limits of liability are in
excess of those required by this Agreement.
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EXHIBIT D
SPECIAL CONDITIONS
NONE