Agreement - Valleywide Generator

City of Chandler — Study Session (2022-12-05)

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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 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 Ill: PERIOD OF SERVICE 
Contractor must perform the services described in Exhibit A for the term of this Agreement. 
The term of the Agreement is ONE year, and begins on December 12, 2022 and ends on December 
11, 2023 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 FOUR additional terms 
of ONE year 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 IV: PAYMENT OF COMPENSATION AND FEES 
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 $270,000. 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. Contractor bears all responsibility and liability for any and all tax obligations that 
result from Contractor's performance under this Agreement. 
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 increase is agreed upon by 
the Parties a written Agreement Amendment shall be approved and executed by the Parties. 
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DocuSign Envelope ID: 82331060-63B2-4EF4-8950-A7F636E28915

DocuSign Envelope ID: 82331060-63B2-4EF4-8950-A7F636E28915

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DocuSign Envelope ID: 82331060-63B2-4EF4-8950-A7F636E28915

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DocuSign Envelope ID: 82331060-63B2-4EF4-8950-A7F636E28915