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City Clerk Document No.
City Council Meeting Date: October 19, 2023
CITY OF CHANDLER SERVICES AGREEMENT
PARK MOWING SERVICES
CITY OF CHANDLER AGREEMENT NO. CS4-988-4668
THIS AGREEMENT (Agreement) is made and entered into by and between the City of Chandler, an
Arizona municipal corporation (City), and Artistic Land Management, Inc., an Arizona Corporation
(Contractor), (City and Contractor may individually be referred to as Party and collectively referred
to as Parties) and made
, 2023 (Effective Date).
RECITALS
A. City proposes to provide park mowing 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, or corporation 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
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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 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 one year, and begins on November 1, 2023, and ends on October 31,
2024 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 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 $589,004. 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.
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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 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.
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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
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
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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.
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: Jose Hernandez
Title: Procurement Officer
Title: President
Address: 175 S. Arizona Ave.
Address: P.O. Box 2320
Chandler, AZ 85225
Chandler, AZ 85244
Phone: 480-782-2407
Phone: 480-821-4966
Email: raquel.mcmahon@chandleraz.gov
Email: jose@alminc.net
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.
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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 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 to
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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.
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
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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 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
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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.
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.
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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:
Exhibit A - Project Description/Scope of Services
Exhibit B - Compensation and Fees
Exhibit C - Insurance Requirements
Exhibit D - Special Conditions
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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 Non-Discrimination and Anti-Harassment Laws. Contractor must comply with all
applicable City, state, and federal non-discrimination and anti-harassment laws, rules, and
regulations.
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.
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.
Page 11 of 33
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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.
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: ________Mayor___________________________
Its: _________________________________________
APPROVED AS TO FORM:
By: _________________________________________
City Attorney
ATTEST:
By: _________________________________________
City Clerk
DocuSign Envelope ID: 0CA3BF5D-B32C-4BFC-89D2-7C88D309EDE6
president
EXHIBIT A TO AGREEMENT
SCOPE OF SERVICES
GENERAL INFORMATION
Contractor will provide Mowing Services at the sites listed in accordance with the specifications
listed herein.
GENERAL VENDOR QUALIFICATIONS
The Contractor shall be in compliance with all applicable Federal, State, Local, ANSI, and OSHA laws,
rules, and regulations, and all other applicable regulations for the term of this contract.
The Contractor, without additional expense to the City, shall be responsible for obtaining and
maintaining any necessary licenses and permits required in connection with the completion of the
required services herein.
The Contractor shall not subcontract any segment or services covered herein, without prior
approval of the Contract Administrator. All subcontractors used under the scope of this contract
shall meet all requirements, terms, and conditions set forth herein. All subcontracted services shall
be warranted by and be the responsibility of the Contractor.
The Contractor SHALL have and maintain full-time Company representation located in the Phoenix,
Arizona metropolitan area, with the ability and authority to address all Contract issues that may
develop. The Contractor shall provide to the Contract Administrator, the individual’s name and
contact information, including cellular phone, pager, and off-hours phone numbers.
Page 13 of 33
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1.
DESCRIPTION: CONTRACTOR shall furnish all labor, licenses, and permits, as well as material
and equipment necessary to maintain the City locations as specified herein. For this Agreement,
the CONTRACTOR shall be a licensed landscape CONTRACTOR and licensed by the Registrar of
Contractors. CITY is requiring the CONTRACTOR to have a qualifying party during the term of
the contract, with an A-21 license with the Registrar of Contractors as well as a qualifying party
with
a
B-3
and
B-5
license
with
the
Office
of
Pest
Management
(http://www.sb.state.az.us/LicCatDefConv.php). The specifications listed herein are the
minimum requirements and are intended to govern this Agreement. The CITY reserves the right
to evaluate variations from these specifications.
All work specified herein shall be completed under the direction of and to the satisfaction of
the Contract Administrator/designee. All areas shall be mowed and trimmed in accordance with
specifications.
The CITY reserves the right to add or deduct sites from the contract. As additional facilities are
built within the City, they may be added to the maintenance of this Agreement at a negotiated
price.
CONTRACTOR shall be required to have the equipment on hand necessary to perform
Agreement requirements. CONTRACTOR shall list all equipment to be used on this Agreement
on Exhibit D attached.
Maps for all sites are attached.
1.1
MOWING REQUIREMENTS: CONTRACTOR shall mow and edge grass areas to approximately
one and one-half to two inches (1½” to 2”) in height. Uneven cuts, scalping, and varying heights
will be considered unsatisfactory to CITY standards. CONTRACTOR may be penalized up to the
full cost of the mowing for failure to comply. Turf areas shall be mowed and edged every
fourteen (14) days during November through February. Turf areas shall be mowed and edged
three (3) times during March and October). Turf areas shall be mowed and edged every seven
(7) days during the months of April through September. Failure to mow turf within this time
period will result in non-payment for that week.
Summer months – April 1 – September 30
Fall / Spring months – March and October
Winter months – November 1 – February 29
All mowing tasks initiated in parks shall be completed during the same working day. Parks with
large turf areas may be split between multiple days; however, any section where mowing is
initiated must be completed (mowing, edging, hard surface sweeping, blowing of walks, and
planters of grass & debris) during the same working day.
Trash in the turf areas. Park staff is responsible for trash removal in CITY parks. All efforts
shall be made to remove litter in turf areas before mowing. Mowing of litter is unacceptable.
If litter is found in turf areas before mowing, CONTRACTOR shall be responsible for removing
this litter prior to the mowing operation.
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Park turf areas identified and scheduled for mowing per the CONTRACTOR and/or agreed to by
the City, shall be mowed, maintained, and adhered to per the weekly schedule. If temporary
obstacles occur that prohibit the scheduled maintenance, the contractor shall move or
eliminate the obstacle, contact the City’s representative, and/or courteously request that the
public, residents, or personnel briefly relocate to allow completion of the scheduled mowing or
maintenance.
Mowing Detail: CONTRACTOR shall neatly edge and/or trim grass and turf areas adjacent to
sidewalks, curbs, hard surface pads, patios, ramadas, water fountains, valve boxes, etc. with
mechanical line trimmers. CITY Park staff will require certain edges, fence lines, trees, and
borders to be chemically treated. Chemical control of grass will be permitted along chain link
fences, around signposts, underneath certain play equipment, structures, and in sidewalk
expansion joints only.
Chemical spraying must be performed in accordance with the State of Arizona Office of Pest
Management’s Rules and Regulations. CONTRACTOR shall be required to maintain proper
licensing for the specific pest control to be utilized. CONTRACTOR shall furnish properly certified
and trained personnel and equipment for routine grass control and spraying. CONTRACTOR
shall document all spraying activities. NO SUB-CONTRACTORS SHALL BE USED.
CONTRACTOR shall use mechanical or chemical edging and trimming around and underneath
all other fixed structures (i.e. tables, benches, posts, etc.).
CONTRACTOR shall collect and remove all grass clippings if they are thick enough to be
designated as unsightly by the Contract Administrator/designee. Disposal of all debris shall be
at no extra charge to CITY.
The Contract Administrator/designee will determine when a portion of any area cannot be
mowed due to excessive ground moisture, standing water, or flood irrigation water. The
percentage not mowed will be deducted from the weekly mowing payment. The CONTRACTOR
must return and mow the saturated areas within two (2) days of it being dried.
CONTRACTOR shall be responsible for all chemical and/or other accepted methods. Any
herbicide used shall be considered a management tool and will not be paid for by CITY.
CONTRACTOR shall provide a Safety Data Sheet (SDS) to Contract Administrator/designee for
all chemicals used prior to application. The Contractor MUST receive approval from the City
before placement of any chemical material. Line trimmers shall not be used around trees or
shrubs unless approved for use by the Contract Administrator/designee.
If damage to the trees or shrubs is evident, it shall be CONTRACTOR’s responsibility to replace
said tree/shrub in kind, with no cost additional cost to CITY. Damage to the tree/shrub shall
include but is not limited to any girding or bark removal, a broken trunk, leader, or main branch
which disfigures the plant, and/or stunting, or leaf drop.
Any special mowing or vacuuming required will be paid for at the price agreed upon by an extra
work authorization.
Sports Field Mowing Detail: In parks designated with a sports field (e.g. baseball, softball, soccer,
football, or cricket field) mowing height shall be set year around at 1” – 1 ½” for the “in-play”
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area of all designed sports fields unless otherwise directed by the Contract
Administrator/designee. For soccer fields, this shall be line-to-line; for baseball, softball fields,
flag football fields, and cricket fields, it shall be fence-to-fence or the granite-to-granite area.
Spectator areas are not part of the sports field mowing requirements. All clippings and/or
debris generated from the mow shall be collected and removed immediately from the site and
disposed of in an approved container or at a landfill. Wind rowing grass prior to pick up will
not be allowed.
1.2
SPECIAL MOWING REQUIREMENTS:
Parks with Public Pools: Arrowhead, and Desert Oasis have turf within public pool areas.
During the months of June/July, mowing within pool areas needs to be completed by 6:45
am.
Parks with Dog Parks: The following dog parks need to be mowed on the days listed:
Nozomi Dog Park – Mondays before 2:00 pm
Shawnee Dog Park – Tuesdays before 2:00 pm
Paseo Vista Dog Park – Thursdays before 2:00 pm
Parks with Sports Fields: Parks listed below have sports fields that will require mowing as
specified in the mowing details.
o
Chandler Boys & Girls Club
o
Pima Park
o
Espee Park
o
Arrowhead Park
o
Desert Breeze Park
o
Nozomi Park
o
Shawnee Park
o
Thude Park
o
Chuparosa Park
Downtown Mowing Sites: Mowing height requirements will be the same as the sports fields
(1”-1.5”)
Over-Seeded Rye Areas: Fire Station 5 (.85 acres), Downtown Complex (4.25 acres),
Chuparosa Soccer Fields (2.00 acres), Tumbleweed Park (17 acres). CONTRACTOR shall be
responsible for mowing this acreage on a weekly basis from November 1st thru February
28th. Park will be over-seeded by CITY staff and will be down for a growing-in period for
approximately six (6) weeks.
1.3
SITE INSPECTION: CONTRACTOR shall visit the site(s) and familiarize themselves with any
conditions that may be present. Submission of a bid will be prima facie evidence that the
CONTRACTOR did, in fact, make a site inspection and is aware of all conditions affecting
performance and bid prices.
1.4
MATERIALS: Any materials required that are not stipulated in the Agreement must be
approved by the Contract Administrator/designee prior to purchase. CONTRACTOR shall
provide invoices as proof of purchase to the contract administrator before reimbursement will
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be made. The CITY shall retain the right to make direct purchases of all materials and to make
them available to the Contractor for use in fulfilling the terms of this agreement.
1.5
WATER: The City furnishes all water for turf and landscape requirements.
1.6
ADDITIONS AND DELETIONS: The CITY shall retain the right to delete or add maintenance
areas and items to this Agreement. Charges for areas or items deleted will be dropped from
the monthly billing. The CITY may delete an item or area at any time and will prorate charges
for services already performed. Charges for maintenance items or areas added to this
Agreement are subject to the approval by the Mayor and City Council/City Manager. Charges
for areas added shall be priced comparably to similar areas.
1.7
EXTRA WORK: The CITY may require CONTRACTOR to perform work in addition to items
specified in the Agreement including, but not limited to, repair of accident damage to
landscaping and one-time cleanup.
All extra work ordered on the basis that hourly rates would be used shall be compensated per
Exhibit B attached “Hourly Rate for Extra Work.” CONTRACTOR shall not perform any extra work
until authorization is obtained in writing from the Contract Administrator/designee. Any
additional work not covered by the hourly rate shall be approved by the Contract
Administrator/designee prior to commencing work. CONTRACTOR shall submit a written
estimate to the Contract Administrator/designee for approval prior to commencing work.
Special or “extra” work performed without written authorization from Contract
Administrator/designee will not be paid. The CONTRACTOR is not guaranteed full or exclusive
right to perform extra work that may be required. The City reserves the right to perform the
work or obtain quotes or otherwise select the most appropriate CONTRACTOR to perform the
work.
1.8
VANDALISM: All cases of vandalism shall be reported to the Contract Administrator/designee
when discovered and the Contract Administrator/designee shall determine the course of action
to be taken. Any vandalism shall be reported within two (2) hours after it is noted and the
vandalism report form is submitted.
1.9
QUALITY CONTROL: CONTRACTOR shall establish a complete quality control program to
assure the requirements of the Agreement are completed as specified. One copy of the
CONTRACTOR’s
quality
control
program
shall
be
provided
to
the
Contract
Administrator/designee for approval within ten (10) days after receiving the Notice of Award.
The Contract Administrator/designee will approve or disapprove the CONTRACTOR's program
within ten (10) working days of submittal. CONTRACTOR shall have an approved program
before commencing work. The program shall include but not be limited to the following:
1.
Weekly Schedule and Performance Reports
2.
Performance Requirements Summary Report: This report will provide such information
so as to ensure compliance of quality control standards. The City will provide the format
that the CONTRACTOR should use. CONTRACTOR shall submit Performance
Requirement Summary Report on a weekly basis. The weekly reports must be
submitted the following Monday morning by 8am. Failure to send the reports will result
in deductions. Please see section 1.11 for the deduction amounts.
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CONTRACTOR shall be required to provide a schedule for weekly maintenance of all
areas, specifying when each area will be maintained and no changes to the schedule
shall be made without prior approval of the Contract Administrator/designee.
3.
The CITY will provide the CONTRACTOR with schedules for Flooding, Special Events,
Construction, or other events that may interfere with their standard mowing timetables.
The CONTRACTOR shall take into consideration all CITY event programs and make the
appropriate modifications to their weekly mowing schedules as required.
1.10
QUALITY ASSURANCE: The Contract Administrator/designee will monitor the CONTRACTOR's
performance by random sampling to ensure compliance with the requirements of the
Agreement. In the event a deficiency exists, the CONTRACTOR shall be required to explain in
writing why performance was unacceptable, how performance will be returned to acceptable
levels, and how the reoccurrence of the problem will be prevented in the future. CONTRACTOR
will not be paid for services not rendered in accordance with the standards set forth in this
Agreement, notwithstanding that CONTRACTOR is required to rework services that were
unsatisfactorily performed.
1.11
LIQUIDATED DAMAGES / PERFORMANCE GUARANTEES: The CITY’s expectation is that
landscape, turf, and grounds maintenance performed by CONTRACTOR will result in the Park
landscape areas looking well-groomed and clean at all times. If tasks are omitted or not
completed to the satisfaction of the Contract Administrator/designee, public safety as well as
the appearance of the CITY Parks and landscape areas are compromised. Once the issue has
been corrected by the CONTRACTOR an email and a picture must be sent to the Contract
Administrator/designee.
CONTRACTOR and CITY agree upon the following schedule of liquidated damages to be
deducted from any monies due or to become due to CONTRACTOR under this Agreement.
These sums are fixed and agreed upon, not as a penalty, but because the parties mutually agree
that the actual loss to the CITY and to the public caused by the omission of work or substandard
performance is impractical and extremely difficult to ascertain.
SITUATION
DEDUCT AMOUNT
Failure to correct deficiencies within the allowed time
$50 per site per day
Failure to start “extra work” within the allowed time or on the
day agreed, or withdrawing from the job prior to completion
without authorization from CITY.
$50 per site per day
Failure to start and satisfactorily complete routine work within
the scheduling requirements
$25 per site per day
Failure to submit weekly reports, schedules and/or work
plans within the allotted day/time required.
$25 per site per day
Failure to wear a uniform bearing CONTRACTOR’s name
and/or bear individual photo ID
$25 per occurrence
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1.12
HOLIDAYS: The following is a list of holidays on which service will not be performed:
1.
New Year's Eve Night
2.
New Year's Day – January 1
3.
Martin Luther King Day – Third Monday in January
4.
President's Day – Third Monday in February
5.
Memorial Day – Last Monday in May
6.
Juneteenth Day – June 19
7.
Independence Day – July 4
8.
Labor Day – First Monday in September
9.
Veteran's Day – November 11
10.
Thanksgiving Holiday – Fourth Thursday and the following Friday in November
11.
Christmas Eve from 12:00 Noon – December 24
12.
Christmas Day – December 25
When a holiday named herein falls on Sunday, it shall be observed on the following Monday,
and when a holiday named herein falls on Saturday, it shall be observed on the preceding
Friday.
During the week of a holiday, the CONTRACTOR shall adjust their weekly schedule so as to
return to the normal weekly schedule the following week. This information is for reference
only as a reminder that the work still needs to be completed during the holiday week.
CONTRACTOR may work on City holidays at his or her own discretion. However, all mowing
shall be completed during the holiday week.
2.
CONTRACTOR / CITY COMMUNICATIONS:
2.1
Local Office: Throughout the period of this Agreement, CONTRACTOR shall establish and
maintain a local office and an authorized managing agent who can be contacted during normal
business hours. A local office is one that can be reached from within the City of Chandler
without a toll call. An answering machine, fax, and a mobile telephone will fulfill the
requirement for a local office. CONTRACTOR shall have a telephone number for contact,
Monday through Friday, 6:00 am to 5:00 pm. CONTRACTOR’s local managing agent shall serve
as the point of contact for dealing and communicating with the CITY. CONTRACTOR shall return
calls made by CITY within 2 hours.
2.2
Field Supervisor: CONTRACTOR shall furnish one qualified field supervisor that speaks, reads,
and writes English fluently and is available during working hours to address problems, field
inspections, perform drive-throughs, and for other coordination with the Contract
Administrator/designee. CONTRACTOR’S FIELD SUPERVISOR SHALL SUPERVISE ONLY ONE
CONTRACT AT A TIME unless approved by Contract Administrator/designee. THIS PERSON
SHALL NOT HAVE ANY ADDITIONAL LABOR DUTIES OTHER THAN INCIDENTALS. For example,
the Field Supervisor shall not also function as a crew leader or foreman and shall have separate
transportation to be able to move independently between situations.
CONTRACTOR shall provide a mobile radio or cellular phone to the CONTRACTOR's field
supervisors and/or foremen to enhance communications between the CONTRACTOR's field
representative and their crews. At a minimum, all crews should be equipped with radios. If a
cellular telephone is used, CONTRACTOR shall be responsible for payment of all charges
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relating to its use. All communication equipment shall be kept on during business hours and in
proper working condition at all times. The CONTRACTOR shall require or provide a cellular
phone for their field supervisors and/or crew foremen to maintain reliable and prompt
communication with the CITY and/or the Contract Administrator/designee.
The CITY has the right to review the qualifications of the field supervisor. If the Contract
Administrator/designee does not feel the supervisor is qualified, CONTRACTOR shall remove
him/her from that position. An alternate contact shall be supplied by CONTRACTOR in the event
the Field Supervisor is not available.
2.3
Communication Skills: It is important that at least one crew member on each work crew be
sufficiently proficient in the English language to receive/transmit instructions, interpret all
chemical
and
warning
labels,
and
otherwise
communicate
with
the
Contract
Administrator/designee.
2.4
Key Personnel: It is essential that CONTRACTOR provide adequate experienced personnel,
capable of and devoted to the successful accomplishment of work to be performed under this
Agreement. CONTRACTOR shall agree to assign specific individuals to the key positions.
1.
CONTRACTOR agrees that, once assigned to work under this Agreement, key personnel
shall not be removed or replaced without written notice to the Contract
Administrator/designee.
2.
If key personnel are not available for work under this Agreement for a continuous period
exceeding fourteen (14) calendar days, or are expected to devote substantially less
effort to the work than initially anticipated, CONTRACTOR shall immediately notify the
Contract Administrator/designee, and shall, subject to the concurrence of the Contract
Administrator/designee, replace each personnel with personnel of substantially equal
ability and qualifications.
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3.
CONTRACTOR'S PERSONNEL:
1.
List of Employees: CONTRACTOR shall provide a list of personnel who will be assigned
to this contract, the number of crews to be provided, and a preliminary mow schedule
with the submittal. This shall serve as evidence of the CONTRACTOR’s ability to furnish
the proper personnel.
CONTRACTOR shall supply the Contract Administrator/designee with a current list of
employees assigned to CITY contracts. The list must include full names, driver’s license
number with the expiration date, job title, and where applicable, certified pesticide
applicator’s license number and expiration date or any other pertinent or required
certification or registration. The list shall be kept current. All company officers and
employees working on this Agreement must be listed.
2.
Identification: CONTRACTOR's employees shall be required to wear a clean uniform
bearing the CONTRACTOR's name. All employees who normally and regularly come into
direct contact with the public shall bear some means of individual identification, such as
a nametag or identification card.
3.
Conduct: CONTRACTOR’s employees, officers, and subcontractors shall not identify
themselves as being employees of the City of Chandler. Employees shall conduct
themselves in such a manner as to avoid embarrassment to the CITY and shall be
courteous to the public, Chandler residents, and CITY personnel.
4.
CONTRACTOR'S EQUIPMENT:
1.
Vehicles and Equipment: CONTRACTOR shall provide and maintain during the entire
period of this Agreement, equipment sufficient in number, condition, and capacity to
efficiently perform the work and render the services required by this Agreement. All
lawn and grass mower blades must be sufficiently sharp to provide a clean and even
cut. CONTRACTOR shall furnish the Contract Administrator/designee with a list
identifying all equipment to be used in fulfilling this Agreement and notify the Contract
Administrator/designee of any additions or deletions. Any changes in CONTRACTOR's
equipment from the proposed equipment must have prior approval of the Contract
Administrator/designee. CONTRACTOR shall provide evidence of his ability to furnish
the proper equipment.
All vehicles must be maintained in good repair, appearance, and sanitary condition at
all times. The City reserves the right to inspect CONTRACTOR's vehicles at any time to
ascertain said condition.
2.
Equipment Identification: All vehicles used by the CONTRACTOR must be clearly
identified with the name of the company and the phone number of the local office on
each side of the equipment, including personnel transportation vehicles. The letters
shall be of such size that they are distinguishable from a reasonable distance.
5.
CONDITION OF MAINTENANCE AREAS AT BEGINNING OF CONTRACT: Upon receiving
official notification of approval, CONTRACTOR shall inspect the area for identification of pre-
existing conditions that would prevent or adversely affect the completion of any normal
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specific deficiencies found at each area and submit the list to the Contract
Administrator/designee for review before a Notice or Proceed and/or Purchase Order will be
issued. The Contract Administrator/designee will evaluate each problem listed to determine
if extra compensation is warranted for repair work prior to starting routine maintenance.
The CITY may authorize the CONTRACTOR to make extra cost repairs or may determine that
the items listed represent normal conditions that might be expected at any time during the
term of the Agreement.
The determination of disposition of all items listed shall be the responsibility of CITY and that
decision shall be final and binding upon CONTRACTOR. All repairs to pre-existing conditions
deemed necessary and authorized by CITY shall be made prior to the start of normal
maintenance for the identified areas.
6.
CONDITION OF MAINTENANCE AREAS AT END OF TERM: Four weeks prior to this Agreement
being terminated, the CITY and CONTRACTOR (if desired) will make a final inspection to
determine the condition of all maintenance areas. Items found to be improperly maintained by
the
outgoing
CONTRACTOR
will
be
listed
and
evaluated
by
the
Contract
Administrator/designee. Should correcting action is not taken by CONTRACTOR, the Contract
Administrator/designee will arrange for repairs to be made and the costs for making repairs to
the areas will be deducted from final payments to the outgoing CONTRACTOR. The same will
apply even if the outgoing CONTRACTOR has been awarded a new Agreement for the same
areas.
7.
SCHEDULE OF PAYMENTS: CONTRACTOR shall provide invoices reflecting work completed.
Payment will be made monthly on the basis of invoices submitted or as agreed in Agreement.
CONTRACTOR shall indicate on the invoices the location or areas the charge has been applied
to.
8.
WEATHER SUSPENSION OF WORK. In the event of inclement weather, CONTRACTOR must
obtain written approval from the Contract Administrator/designee prior to performing any
work. The CITY reserves the right to suspend any or all work due to poor weather conditions or
other extreme conditions. The CITY also reserves the right to authorize the delayed work to be
performed at a later date or the Contract Administrator/designee may deem it more
appropriate to omit the delayed work and resume the normal schedule. CONTRACTOR shall
not perform any suspended work without written authorization from the Contract
Administrator/designee. The CONTRACTOR shall strictly adhere to the Arizona Department of
Environment Quality (ADEQ) and Maricopa County air quality standards and measures; which
includes, but are not limited to High Pollution and Ozone Days.
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Park & Non-Park Sites Acres:
No
#
Contract Mowing Sites
Address
FMA
Acres
1 AIRPLANE MEMORIAL LANDSCAPING (TURF)
299 N Delaware St
38
0.17
2 A J CHANDLER PARK (EAST/WEST & POCKET PARK)
3 S Arizona Ave
27,37,38
1.71
3 AMBERWOOD PARK
2327 W Calle Del Norte
14
11.97
4 APACHE PARK
1300 N Hartford St
16
5.06
5 ARBUCKLE PARK
1100 S Norman Way
46
4.70
6 ARMSTRONG PARK
399 N Delaware St
27
1.14
7 ARROWHEAD MEADOWS PARK
1475 W Erie St
25
17.76
8 BLUE HERON PARK
1399 W Lake Blvd
62
1.86
9 BOYS & GIRLS CLUB
300 E Chandler Blvd
27
1.52
10 BROOKS CROSSING PARK
1345 W Calle Del Norte
15
6.44
11 CENTENNIAL PARK
2475 E Markwood Dr
59
8.25
12 CHANDLER CENTER FOR THE ARTS
250 N Arizona Ave
26
0.53
13 CHUCKWALLA PARK
4600 E Doral Dr
80
2.92
14 CHUPAROSA PARK
2400 S Dobson Rd
47
15.01
15 CITRUS VISTA PARK
4511 S Mustang Dr
67
6.12
16 COMMONWEALTH MEDIAN LANDSCAPING (TURF)
125 E Commonwealth Ave
38
0.13
17 CROSSBOW PARK
4520 S Crossbow Pl
64
4.35
18 DESERT BREEZE PARK & (POLICE & FIRE STATION 9)
660 N Desert Breeze Blvd E
22
19.25
19 DESERT OASIS PARK & AQUATIC CENTER
1400 W Summit Pl
2
0.31
20 DOBSON PARK
1625 W Ryan Rd
48
9.29
21 DOWNTOWN LIBRARY
22 S Delaware St
38
0.47
22 EAST MINI-VIDA PARK
605 E Erie St
27
0.33
23 ESPEE PARK
450 E Knox Rd
17
14.14
24 FIRE STATION 5
1775 W Queen Creek Rd
55
0.50
25 FIRE STATION 6
911 N Jackson St
27
0.19
26 FIRE STATION 7
6200 S Gilbert Rd
78
0.11
27 FIRE TRAINING CENTER FACILITY
3550 S Dobson Rd
54
0.03
28 FOLLEY PARK & AQUATIC CENTER
601 E Frye Rd
38
6.53
29 FOX CROSSING PARK
3572 S Sandpiper Dr
56
3.20
30 GAZELLE MEADOWS PARK
500 N Exeter St
27
3.59
31 HARMONY HOLLOW PARK
1082 W Galveston St
25
5.63
32 HARRIS PARK
150 S Elgin St
38
0.33
33 HARTER PARK
665 N Country Club Way
23
5.02
34 HOMESTEAD PARK NORTH
1925 E. Frye Rd
39
3.30
35 HOMESTEAD PARK SOUTH
1800 E Pecos Rd
39
3.19
36 HOOPES PARK
601 W Mesquite St
7
9.64
37 JACKRABBIT PARK
1750 E Thatcher Blvd
28
0.92
DocuSign Envelope ID: 0CA3BF5D-B32C-4BFC-89D2-7C88D309EDE6
Page 24 of 33
38 LANTANA RANCH PARK
1250 E. Appleby Rd
58
3.10
39 LA PALOMA PARK
6579 S Amanda Dr
78
10.49
40 LOS ALTOS PARK
406 N Los Altos Dr
24
0.39
41 LOS ARBOLES
2255 S. McQueen Rd.
51
4.60
42 MAGGIO RANCH PARK
1500 W Maggio Way
36
3.43
43 MEADOWBROOK PARK
3377 S Layton Lakes Blvd
60
4.53
44 MEMORIAL PLAZA PARK
151 E Boston St
38
0.16
45 MOUNTAIN VIEW PARK
575 S Twelve Oaks Blvd
33
10.49
46 NAVARETTE PARK
501 W Harrison St
26
2.56
47 NOZOMI PARK & AQUATIC CENTER
250 S Kyrene Rd
31
6.21
48 PARK MANORS PARK
395 W Erie St
26
0.22
49 PASEO TRAIL H & ROCKWOOD ESTATES
South of Chandler Heights
70
1.06
50 PASEO VISTA RECREATION AREA
3850 S McQueen Rd
57
4.17
51 PECOS RANCH PARK
1555 W Maplewood S
42
6.64
52 PEQUENO PARK
777 N Coronado St
24
2.18
53 PIMA PARK
625 N McQueen Rd
28
19.70
54 PINE SHADOWS PARK
5300 W Galveston St
21
1.86
55 PINELAKE PARK
598 E Crescent Ave
64
3.61
56 PLAZA LAWN LANDSCAPING (TURF)
125 E Commonwealth Ave
38
1.61
57 PRICE PARK
475 S Kenwood Ln
34
7.29
58 PROVINCES PARK
1258 E Orchid Ln
18
5.65
59 PUEBLO ALTO PARK
3948 W Calle Segunda St
34
0.08
60 QUAIL HAVEN PARK
4675 S Adams Ave
65
3.67
61 ROADRUNNER PARK
3495 E Ryan Rd
53
7.11
62 RYAN PARK
2450 S Hartford St
49
8.28
63 SAN MARCOS PARK
712 W Fairview St
37
9.11
64 SAN TAN PARK
2301 E Frye Rd
40
2.42
65 SHAWNEE PARK
1400 W Mesquite St
6
11.44
66 STONEGATE PARK
1650 N Ithaca St
17
4.90
67 SUMMIT POINT PARK
528 W Boxelder Pl
3
0.09
68 SUNDANCE PARK
933 N Roosevelt Ave
20
1.48
69 SUNSET PARK
4700 W Ray Rd
12
4.40
70 THUDE PARK
2825 W Galveston St
24
20.89
71 TIBSHRAENY FAMILY PARK & MAMMOTH (ROW)
270 N Cottonwood St
29
8.92
72 TUMBLEWEED PARK NON-SPORTS FIELDS
2250 S. McQueen Rd
50
52.30
73 TRADITIONS EAST & WEST (ROW)
N side - E Thatcher Blvd
28
0.43
74 VALENCIA PARK
3701 E Desert Jewel Blvd
73
4.79
75 VETERAN’S OASIS PARK
4050 E. Chandler Heights
Rd
68
2.20
DocuSign Envelope ID: 0CA3BF5D-B32C-4BFC-89D2-7C88D309EDE6
Page 25 of 33
76 WASHINGTON PARK (TURF LOT)
150 E Elgin St
38
0.18
77 WINDMILLS WEST PARK
1233 N Windmills Blvd
13
2.98
78 WINN PARK
56 E Morelos St
38
0.57
Total Contract Mowing
Acres
421.80
DocuSign Envelope ID: 0CA3BF5D-B32C-4BFC-89D2-7C88D309EDE6
Page 26 of 33
EXHIBIT B TO AGREEMENT
COMPENSATION AND FEES
*All pricing listed is tax inclusive
No#
Park & Non-Park / Location
Mowing per
Occurrence
Qty
Extended Price
1
AIRPLANE MEMORIAL LANDSCAPING (TURF)
$ 21.00
38
$ 798.00
2
A J CHANDLER PARK (EAST/WEST & POCKET PARK)
$ 69.00
38
$ 2,622.00
3
AMBERWOOD PARK
$ 208.00
38
$ 7,904.00
4
APACHE PARK
$ 138.00
38
$ 5,244.00
5
ARBUCKLE PARK
$ 138.00
38
$ 5,244.00
6
ARMSTRONG PARK
$ 34.00
38
$ 1,292.00
7
ARROWHEAD MEADOWS PARK
$ 693.00
38
$ 26,334.00
8
BLUE HERON PARK
$ 104.00
38
$ 3,952.00
9
BOYS & GIRLS CLUB
$ 104.00
38
$ 3,952.00
10
BROOKS CROSSING PARK
$ 173.00
38
$ 6,574.00
11
CENTENNIAL PARK
$ 208.00
38
$ 7,904.00
12
CHANDLER CENTER FOR THE ARTS
$ 69.00
38
$ 2,622.00
13
CHANDLER MUSEUM MCCULLOUGH-PRICE
HOUSE
$ 35.00
38
$ 1,330.00
14
CHUCKWALLA PARK
$ 104.00
38
$ 3,952.00
15
CHUPAROSA PARK
$ 277.00
38
$ 10,526.00
16
CITRUS VISTA PARK
$ 173.00
38
$ 6,574.00
17
COMMONWEALTH MEDIAN LANDSCAPING (TURF)
$ 34.00
38
$ 1,292.00
18
CROSSBOW PARK
$ 173.00
38
$ 6,574.00
19
DESERT BREEZE PARK & (POLICE & FIRE STATION)
$ 832.00
38
$ 31,616.00
20
DESERT OASIS PARK & AQUATIC CENTER
$ 69.00
38
$ 2,622.00
21
DOBSON PARK
$ 173.00
38
$ 6,574.00
22
DOWNTOWN LIBRARY
$ 69.00
38
$ 2,622.00
23
EAST MINI-VIDA PARK
$ 34.00
38
$ 1,292.00
24
ESPEE PARK
$ 416.00
38
$ 15,808.00
25
FIRE STATION 5
$ 69.00
38
$ 2,622.00
26
FIRE STATION 6
$ 34.00
38
$ 1,292.00
27
FIRE STATION 7
$ 21.00
38
$ 798.00
28
FIRE TRAINING CENTER FACILITY
$ 34.00
38
$ 1,292.00
29
FOLLEY PARK (no ballfields)
$ 173.00
38
$ 6,574.00
30
FOX CROSSING PARK
$ 104.00
38
$ 3,952.00
31
GAZELLE MEADOWS PARK
$ 104.00
38
$ 3,952.00
32
HARMONY HOLLOW PARK
$ 138.00
38
$ 5,244.00
33
HARRIS PARK
$ 34.00
38
$ 1,292.00
34
HARTER PARK
$ 138.00
38
$ 5,244.00
35
HOMESTEAD PARK NORTH
$ 138.00
38
$ 5,244.00
DocuSign Envelope ID: 0CA3BF5D-B32C-4BFC-89D2-7C88D309EDE6
Page 27 of 33
36
HOMESTEAD PARK SOUTH
$ 138.00
38
$ 5,244.00
37
HOOPES PARK
$ 138.00
38
$ 5,244.00
38
JACKRABBIT PARK
$ 69.00
38
$ 2,622.00
39
LANTANA RANCH PARK
$ 104.00
38
$ 3,952.00
40
LA PALOMA PARK
$ 242.00
38
$ 9,196.00
41
LOS ALTOS PARK
$ 69.00
38
$ 2,622.00
42
LOS ARBOLES
$ 104.00
38
$ 3,952.00
43
MAGGIO RANCH PARK
$ 104.00
38
$ 3,952.00
44
MEADOWBROOK PARK
$ 138.00
38
$ 5,244.00
45
MEMORIAL PLAZA PARK
$ 34.00
38
$ 1,292.00
46
MOUNTAIN VIEW PARK
$ 208.00
38
$ 7,904.00
47
NAVARETTE PARK
$ 104.00
38
$ 3,952.00
48
NOZOMI PARK
$ 277.00
38
$ 10,526.00
49
PARK MANORS PARK
$ 69.00
38
$ 2,622.00
50
PASEO TRAIL H & ROCKWOOD ESTATES
$ 69.00
38
$ 2,622.00
51
PASEO VISTA RECREATION AREA
$ 138.00
38
$ 5,244.00
52
PECOS RANCH PARK
$ 173.00
38
$ 6,574.00
53
PEQUENO PARK
$ 69.00
38
$ 2,622.00
54
PIMA PARK
$ 554.00
38
$ 21,052.00
55
PINE SHADOWS PARK
$ 104.00
38
$ 3,952.00
56
PINELAKE PARK
$ 138.00
38
$ 5,244.00
57
PLAZA LAWN LANDSCAPING (TURF)
$ 69.00
38
$ 2,622.00
58
PRICE PARK
$ 138.00
38
$ 5,244.00
59
PROVINCES PARK
$ 138.00
38
$ 5,244.00
60
PUEBLO ALTO PARK
$ 34.00
38
$ 1,292.00
61
QUAIL HAVEN PARK
$ 69.00
38
$ 2,622.00
62
ROADRUNNER PARK
$ 173.00
38
$ 6,574.00
63
RYAN PARK
$ 173.00
38
$ 6,574.00
64
SAN MARCOS PARK
$ 173.00
38
$ 6,574.00
65
SAN TAN PARK
$ 104.00
38
$ 3,952.00
66
SHAWNEE PARK
$ 277.00
38
$ 10,526.00
67
STONEGATE PARK
$ 104.00
38
$ 3,952.00
68
SUMMIT POINT PARK
$ 21.00
38
$ 798.00
69
SUNDANCE PARK
$ 69.00
38
$ 2,622.00
70
SUNSET PARK
$ 138.00
38
$ 5,244.00
71
THUDE PARK
$ 554.00
38
$ 21,052.00
72
TIBSHRAENY FAMILY PARK & MAMMOTH (ROW)
$ 138.00
38
$ 5,244.00
73
TUMBLEWEED PARK NON-SPORTS FIELDS
$ 1,376.00
38
$ 52,288.00
74
TRADITIONS EAST & WEST (ROW)
$ 69.00
38
$ 2,622.00
DocuSign Envelope ID: 0CA3BF5D-B32C-4BFC-89D2-7C88D309EDE6
Page 28 of 33
75
VALENCIA PARK
$ 138.00
38
$ 5,244.00
76
VETERAN’S OASIS PARK
$ 138.00
38
$ 5,244.00
77
WASHINGTON PARK (TURF LOT)
$ 34.00
38
$ 1,292.00
78
WINDMILLS WEST PARK
$ 104.00
38
$ 3,952.00
79
WINN PARK
$ 69.00
38
$ 2,622.00
OVERSEED MOWING: (NOVEMBER 1 – FEBRUARY
28)
1
AIRPLANE MEMORIAL LANDSCAPING (TURF)
$ 27.00
8
$ 216.00
2
A J CHANDLER PARK (EAST/WEST & POCKET PARK)
$ 89.00
8
$ 712.00
3
CHANDLER CENTER FOR THE ARTS
$ 89.00
8
$ 712.00
4
COMMONWEALTH MEDIAN LANDSCAPING (TURF)
$ 44.00
8
$ 352.00
5
DOWNTOWN LIBRARY
$ 89.00
8
$ 712.00
6
FIRE STATION 5
$ 89.00
8
$ 712.00
7
MEMORIAL PLAZA PARK
$ 44.00
8
$ 352.00
8
PLAZA LAWN LANDSCAPING (TURF)
$ 89.00
8
$ 712.00
9
CHUPAROSA TWO (2) SOCCER FIELDS ONLY
$ 205.00
8
$ 1,640.00
10
TUMBLEWEED PARK
$ 1,665.00
8
$ 13,320.00
ALTERNATE 1
Cost to add a second weekly mowing to Sports Fields (areas outlined in blue on the attached maps) from July
1 – September 30. Sports Fields are located at the following parks.
•
Arrowhead Park (4)
•
Desert Breeze Park (2)
•
Espee Park (3)
•
Nozomi Park (3)
•
Pima Park (3)
•
Boys & Girls Club (2)
•
Shawnee Park (1)
•
Thude Park (1)
•
Chuparosa Park (2)
ALTERNATE 1 – ADDITIONAL SPORTS FIELD MOWINGS (JULY 1 – SEPT. 30):
#
Sports Field
Mowing per
Occurrence
Qty
Extended Price
1 ARROWHEAD PARK N/E
$150.00
12
$1,800.00
2 ARROWHEAD PARK N/W
$150.00
12
$1,800.00
3 ARROWHEAD PARK S/E
$150.00
12
$1,800.00
4 ARROWHEAD PARK S/W
$150.00
12
$1,800.00
5 BOYS & GIRLS CLUB BASEBALL
$150.00
12
$1,800.00
6
BOYS & GIRLS CLUB MULTI-PURPOSE
FIELD
$150.00
12
$1,800.00
7 CHUPAROSA N/E
$150.00
12
$1,800.00
8 CHUPAROSA N/W
$150.00
12
$1,800.00
9 DESERT BREEZE NORTH
$150.00
12
$1,800.00
DocuSign Envelope ID: 0CA3BF5D-B32C-4BFC-89D2-7C88D309EDE6
Page 29 of 33
10 DESERT BREEZE SOUTH
$150.00
12
$1,800.00
11 ESPEE 1 N/E
$150.00
12
$1,800.00
12 ESPEE 2 N/W
$150.00
12
$1,800.00
13 ESPEE 3 S/W
$150.00
12
$1,800.00
14 NOZOMI 1 N/E
$150.00
12
$1,800.00
15 NOZOMI 2 N/W
$150.00
12
$1,800.00
16 NOZOMI 3 S/W
$150.00
12
$1,800.00
17 PIMA EAST
$150.00
12
$1,800.00
18 PIMA MULTI-PURPOSE FIELD
$150.00
12
$1,800.00
19 PIMA WEST
$150.00
12
$1,800.00
20 SHAWNEE BALLFIELD
$150.00
12
$1,800.00
21 THUDE PARK
$150.00
12
$1,800.00
ADDITIONAL WORK & LABOR CHARGES (itemized per Hour unless otherwise noted)
EXTRA MAINTENANCE ACTIVITY
RATES per UNIT
Turf Aeration (including equipment)
$ 90 /acre
Turf pre-emergent application and material
$ 240 /acre
Turf fertilization application and material
$ 230/acre
Power Washing park facilities/amenities (including spray equipment)
$ 45 /hr.
Bobcat (skid-steer) with Operator
$ 150 /hr.
Labor for weed control and material
$ 125 /acre
Certified Arborist / Tree Worker
$ 120 /hr.
Tree Stump Grinding
$ 85 /ea.
Tree Planting
$ 375 /ea.
Tree Removal – up to 24’
$ 1200 /ea.
Tree Removal – over 24’
$ 2500 /ea.
Tree (non-palm) Trimming
$ 650 /tree
General Labor
$ 30 /hr.
Skilled Labor
$ 37 /hr.
Sprinkler Technician
$ 45 /hr.
Irrigation Repairs
$ 45 /hr.
Shrub & Plant Trimming
$ 40 /hr.
Shrub & Plant Planting
$ 28 /ea.
Landscape Trimming (extra work)
$ 48 /hr.
Pest Control (rodents and insects)
$ 45 /hr.
Landscape tractor with an operator (blade/rake/gannon, etc.)
$ 180 /hr.
Brush Hog mowing
$ 185 /hr.
Backhoe with operator
$ 180 /hr.
Palm Tree Trimming with one (1) year growth
Mexican Fan Palm
$ 65 /tree
Date Palm
$ 55 /tree
Queen Palm
$ 50 /tree
DocuSign Envelope ID: 0CA3BF5D-B32C-4BFC-89D2-7C88D309EDE6
Page 30 of 33
EXHIBIT C TO AGREEMENT
INSURANCE
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
DocuSign Envelope ID: 0CA3BF5D-B32C-4BFC-89D2-7C88D309EDE6
Page 31 of 33
paragraph, the Excess 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.
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.
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.
DocuSign Envelope ID: 0CA3BF5D-B32C-4BFC-89D2-7C88D309EDE6
Page 32 of 33
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.
DocuSign Envelope ID: 0CA3BF5D-B32C-4BFC-89D2-7C88D309EDE6
Page 33 of 33
EXHIBIT D TO AGREEMENT
SPECIAL CONDITIONS
NONE
DocuSign Envelope ID: 0CA3BF5D-B32C-4BFC-89D2-7C88D309EDE6