4763 Agreement

City of Chandler — Regular Meeting (2024-05-06)

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City Clerk Document No.

Public Housing Authority Commission Meeting Date:
May 6, 2024

CITY OF CHANDLER SERVICES AGREEMENT
PUBLIC HOUSING SHOWER REPLACEMENTS
CITY OF CHANDLER AGREEMENT NO. NR4-670-4763

THIS AGREEMENT (Agreement) is made and entered into by and between the City of Chandler, an
Arizona municipal corporation (City), and Mills Design Group, 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

, 2024 (Effective Date).

RECITALS

A. City proposes to provide public housing shower replacements 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.
Following execution of this Agreement by City, the Contractor will immediately commence work and
will complete all services described within 90 calendar days from the date the Contractor is notified
to proceed.

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 $214,515. 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
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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.

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
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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
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: Mills Design Group, LLC
Title: Procurement Officer Title: Owner
Address: 175 S. Arizona Ave. Address: 505 W/ Ray Rd., Ste. 1
Chandler, AZ 85225 Chandler, AZ 85225
Phone: 480-782-2400 Phone: 480-695-1190
Email: raquel.mcmahon@chandleraz.gov Email: kenny@millsdesigngroup.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 Contractor's
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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
permit the City to verify Contractor’s compliance.

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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
or be associated with any real property or personal property owned or leased by the City. Such
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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.
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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.

5.48 Performance and Payment Bond Requirements. At the time City issues Notice of Contract
Award, Contractor must provide a Performance Bond and a Payment Bond, each in an amount
equal to the full amount of the Contract Price.
Each such bond must be executed by a surety company or companies holding a Certificate of
Authority to transact surety business in the State of Arizona, issued by the Director of the Arizona
Department of Insurance and must be named in the current list of "Companies Holding
Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring
Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S.
Treasury Department. A copy of the Certificate of Authority must accompany the bonds. The
Certificate must have been issued or updated within two (2) years prior to the execution of this
Agreement. The bonds must be written or countersigned by an authorized representative of the
surety who is either a resident of the state of Arizona or whose principal office is maintained in
this state, as by law required.
The bonds must be made payable and be acceptable to City. The bond forms for the performance
and payment bonds must be in the forms required under A.R.S. § 34-221, et. Seq., as in Appendices
4 and 5 of these General Conditions.
Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering
payment of obligations arising under the Contract Documents, Contractor must promptly furnish a
copy of the bonds or must permit a copy to be made.

All bonds submitted for this Project must be provided by a company which has been rated AM Best
rating of A- or better for the prior four quarters by the latest edition of the ‘Results Best’s Key Rating
Guide (Property/Casualty)” published by the A.M. Best Company.

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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: _____________Mayor______________________
Its: _________________________________________
APPROVED AS TO FORM:
By: _________________________________________
City Attorney
ATTEST:
By: _________________________________________
City Clerk
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Vice president

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EXHIBIT A TO AGREEMENT
SCOPE OF WORK

KINGSTON ARMS SHOWER REPLACEMENT
CITY OF CHANDLER HOUSING & REDEVELOPMENT DIVISION

INTRODUCTION
Contractor to provide 35 shower replacements in units at 127 N Kingston Street. The units listed as part of
the project are occupied. Each unit has only one bathroom. Units will need to be completed in a timely
manner.

1. Scope of work
The Contractor shall supply all materials, equipment, labor services, and transportation required to
perform the work to replace the tub/shower combinations to walk in showers. All materials shall be
provided by the Contractor for all shower components as well (i.e. faucets, drains, traps, shower arms,
shower heads, shower curtain robs, grab bars, etc.) for all units to be installed.

The project is funded by the HUD requirements as noted in the HUD documents included part of this bid
packet. This is a Labor Standards Act, Davis-Bacon and Related Acts (DBRA) wage rate project. Workers
shall be paid the minimum wage rate and fringe benefits for the work classifications being performed.
1.1 Demolition
1.1.1 The contractor shall removal and properly dispose of all existing tubs, surrounds and
ceramic tiles, shower curtain rods, P-traps, manifolds, and associated plumbing.
1.2 Bathtub and Shower Wall System
1.2.1 Replace existing tub/ shower unit with a low threshold walk in shower stall with molded
seat and grab bar in the color white.
1.2.2 Replace existing shower pans with acrylic in high glass white
1.2.3 Replace existing shower plan liner and drain and replace with new
1.2.4 Shower wall stall shall have one toiletry shelve
1.2.5 Shower size is 36” x 60”
1.3 Drains
1.3.1 Remove and replace the existing drain and P-Trap. If cast iron drains exist, cut as close
as possible to foundation installing a no hub flexible PVC coupling, ABS drain and P-
Trap.
1.4 Shower Faucet Handles
1.4.1 Install new single handle mixing valve
1.4.2 Supply and install a Pfister, Moen, or “approved equal” 3-handle tub and shower faucet
in chrome to facilitate standardized maintenance repairs.
1.5 Water Proof
1.5.1 Supply and install ½ inch hardie backer board where needed
1.5.2 Caulking shall be installed watertight, mildew resistant silicone
1.5.3 The seam next to a wall that is to be painted seal with latex caulk
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1.6 Paint
1.6.1 Contractor will paint the new green board/ drywall not covered by new surround with
Sherwin-Williams, Interior Semi-gloss
1.6.2 Contractor will match existing texture
1.6.3 Contractor will cover and protect floors and other bathroom fixtures prior to painting
1.7 Mechanical
1.7.1 The Contractor will replace the exhaust fans in each bathroom
1.8 Accessories
1.8.1 Contractor will replace with new, shower rods and towel bars
1.9 Floor
1.9.1 Contractor will match and replace any floor tile removed or damaged as a result of the
removal or installation showers
1.9.2 The tile pattern and color to match existing as close as possible
2. Submittals
2.1 Manufacturer’s data sheet on each product ot be used
2.2 Maintenance information. Furnish one copy of cleaning & care instruction for each unit in the
project plus one for the housing authority office.
2.3 All required HUD documentation indicated in these Contract documents must be read,
properly completed, signed, and returned
2.4 Tenant notification sample letter or door hanger in English and Spanish for Project
Coordinator approval
3. HUD Forms
3.1 Section 3 report submitted monthly
3.2 Certified Payroll hardcopy submitted weekly
4. Schedule
4.1 Contractor will submit a tentative schedule with his/her bid. This schedule will be revised by
the Contractor after a start date is determined during the Pre-Construction meeting.
5. Quality Assurance
5.1 Comply with referenced standards of the American Society for testing Materials (ASTM),
Underwriters Laboratories (U.L), and the Federal Housing Administration of the Department of
Housing and urban Development (HUD/HA).
5.2 Use skilled workmen who are trained and experienced in the necessary crafts and familiar with
the specifications and methods needed to properly perform the work of this section.

6. Installation Contractors
6.1 Contractor has a minimum of two years experience in type of fabrication and installation
required of the drawings and specifications

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7. Manufacturer
7.1 Minimum of five years continuous experience in the type of fabrication and installation of the
drawings and specifications
7.2 Shop and personnel have the facilities and capabilities to fabricate all items expeditiously and
on time
8. Delivery, Storage, and Handling
8.1 Store and dispose of solvent-based materials, and materials used with solvent-based
materials, in accordance with requirements of local authorities having jurisdiction
8.2 No on-site storage available. Contractor will have to provide his/her own storage facility.
9. Warranty
9.1 All installed items shall be warranted for a period of two (2) years (including labor) from date of
accepted completion
10. Safety
10.1
All units are occupied. Therefore, its imperative that the contractor take all safety
precautions while working in the units.
10.2
Do not leave tools, materials, or debris lying around where the resident or their children
could access or trip over
11. Site Protection
11.1
Contractor will take all necessary precautions both City and resident property at all times
11.2
Contractor will cover all floors and carpeted areas with a construction grade floor/carpet
floor protection material.
11.3
Contractor will cover resident’s property (i.e beds, dressers, chest of drawers, night stands,
etc.) to protect from dust
11.4
Contractor will be responsible for the cost of repair or replacing any damaged City or
resident property as a direct result of the Contractor or Sub-contractors negligence.
12. Schedule, Work Days & Hours
12.1
Contractor (including all sub-contractors) will only be permitted to work Monday- Friday,
from 7:00am to 4:00pm. No weekends or holidays.
12.2
Contractor will submit a tentative schedule with his/her bid. The Contractor will revise this
schedule after a start date is determined during the Pre- Construction Meeting.
13. Resident Notification
13.1
The selected contractor will notify each resident in writing, a minimum of 72 hours in
advance of starting each home. This will be accomplished with either a 3-part door hanger (in
both English & Spanish) to be left on the exterior entrance door of each home or a letter (in
both English & Spanish (sent via U.S. Mail. The door hanger or letter will include the following
(minimum) information: Reference type work (bathroom tub replacement); being done for (The
City of Chandler); Notice Date; Project Address; Unit umber; Project start date and time’ project
completion date and time; work hours; any special instructions; name/ address/ phone
number of company; and contact person, with a 24-hour emergency phone number. A copy of
each door hanger or letter will be provided to the project manager.
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13.2
Contractor will submit a copy of the door hanger or letter to the project manager for
approval, prior to printing door hangers, or mailing notification letters.
13.3
Contractor must allow for transit time if using U.S. Mail for notifications, as mailed letters
must arrive at the residence a minimum of 72 hours door hanger or mailed letter listing the
new date and time of the tub installation.
14. Clean Up
14.1
Remove daily all debris resulting from this work. Upon completion, the contractor will leave
each bathroom clean and ready for use before leaving the home.
14.2
Contractor will also remove any tools, materials, or debris from the exterior of the home.
Additional Information/Requirements:
Units are occupied and can be down for work two days for replacement. Toilets and sinks in the
bathrooms must be accessible by the end of the 1st day.
Contract administrator may enter units to perform replacement at 8am.
Requirement for toilet seat and grab bar are as follows: Folding shower seat wall mounted, height 17 ¾
inches to bottom. (1) Grab bar 1 ½ in dia. 36” length, height 34” Backing required for seat and grab bar.
End of Section

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EXHIBIT B
PRICE
Unit
Number
Bath Replacement
Plumbing
Exhaust Fan
Demo/ Install
1
$2,517
$1,794
$499
$1,319
2
$2,517
$1,794
$499
$1,319
3
$2,517
$1,794
$499
$1,319
4
$2,517
$1,794
$499
$1,319
5
$2,517
$1,794
$499
$1,319
6
$2,517
$1,794
$499
$1,319
7
$2,517
$1,794
$499
$1,319
8
$2,517
$1,794
$499
$1,319
9
$2,517
$1,794
$499
$1,319
10
$2,517
$1,794
$499
$1,319
11
$2,517
$1,794
$499
$1,319
12
$2,517
$1,794
$499
$1,319
13
$2,517
$1,794
$499
$1,319
14
$2,517
$1,794
$499
$1,319
15
$2,517
$1,794
$499
$1,319
16
$2,517
$1,794
$499
$1,319
17
$2,517
$1,794
$499
$1,319
18
$2,517
$1,794
$499
$1,319
19
$2,517
$1,794
$499
$1,319
20
$2,517
$1,794
$499
$1,319
21
$2,517
$1,794
$499
$1,319
22
$2,517
$1,794
$499
$1,319
23
$2,517
$1,794
$499
$1,319
24
$2,517
$1,794
$499
$1,319
25
$2,517
$1,794
$499
$1,319
26
$2,517
$1,794
$499
$1,319
27
$2,517
$1,794
$499
$1,319
28
$2,517
$1,794
$499
$1,319
29
$2,517
$1,794
$499
$1,319
30
$2,517
$1,794
$499
$1,319
31
$2,517
$1,794
$499
$1,319
32
$2,517
$1,794
$499
$1,319
34
$2,517
$1,794
$499
$1,319
35
$2,517
$1,794
$499
$1,319
36
$2,517
$1,794
$499
$1,319
All prices shall be tax inclusive

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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
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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
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
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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 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.
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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.

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.

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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 TO AGREEMENT
SPECIAL CONDITIONS

ACCESS TO SECURED FACILITIES

Contract Worker Access Controls, Badge and Key Access Requirements. A Contract Worker shall not be
allowed to begin work in any City facility without: (A) The prior completion and the City's acceptance of the
required background screening; and (B) when required, the Contract Worker's receipt of a City issued
badge. A badge will be issued to a Contract Worker solely for access to the City facility(s) to which the
Contract Worker is assigned. Each Contract Worker who enters a City facility must use the badge issued to
the Contract Worker. Any and all fees associated with security badging will be assessed in compliance with
Chandler City Code §4-22.

Key Access Procedures. If the Contract Worker's services require keyed access to enter a City facility(s), a
separate key issue/return form must be completed and submitted by Contractor for each key issued.

Stolen or Lost Badges or Keys. Contractor shall report lost or stolen badges or keys to the City immediately.
A new badge application or key issue form shall be completed and submitted along with payment of the
applicable fees prior to issuance of a new badge or key.

Return of Badges or Keys. All badges and keys are the property of the City and must be returned to the City
within one business day of when the Contract Worker's access to a City facility is no longer required to
furnish the services under this Agreement. Contractor shall collect a Contract Worker's badge and key(s)
upon the termination of the Contract Worker's employment; when the Contract Worker's services are no
longer required at the particular City facility(s); or upon termination, cancellation or expiration of this
Agreement.

Contractor's default under this Section shall include, but is not limited to the following: (1) Contract Worker
gains access to a City facility(s) without the proper badge or key; (2) Contract Worker uses a badge or key
of another to gain access to a City facility; (3) Contract Worker commences services under this Agreement
without the proper badge, key or Background Screening; (4) Contract Worker or Contractor submits false
information or negligently submits wrong information to the City to obtain a badge, key or applicable
Background Screening; or (5) Contractor fails to collect and timely return Contract Worker's badge or key
upon termination of Contract Worker's employment, reassignment of Contract Worker to another City
facility or upon the expiration, cancellation or termination of this Agreement. Contractor acknowledges
and agrees that the access control, badge and key requirements in this Section are necessary to preserve
and protect public health, safety and welfare. Accordingly, Contractor agrees to properly cure any default
under this Section within three business days from the date notice of default is sent by the City. The parties
agree that Contractor's failure to properly cure any default under this Section shall constitute a breach of
this Section. In addition to any other remedy available to the City at law or in equity, Contractor shall be
liable for and shall pay to the City the sum of $1,000.00 for each breach by Contractor of this Section. The
parties further agree that the sum fixed above is reasonable and approximates the actual or anticipated
loss to the City at the time and making of this Agreement in the event that Contractor breaches this Section.
Further, the parties expressly acknowledge and agree to the fixed sum set forth above because of the
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difficulty of proving the City's actual damages in the event that Contractor breaches this Section. The parties
further agree that three breaches by Contractor of this Section arising out of any default within a
consecutive period of three months or three breaches by Contractor of this Section arising out of the same
default within a period of 12 consecutive months shall constitute a material breach of this Agreement by
Contractor and the City expressly reserves all of its rights, remedies and interests under this Agreement,
at law and in equity including, but not limited to, termination of this Agreement.

1. Contractor and Subcontractor Worker Background Screening. Contractor agrees that all
contract workers and subcontractors (collectively "Contract Worker(s)") that Contractor furnishes
to City under this Agreement will be subject to background and security checks and screening as
set forth in this Section (collectively "Background Screening") at Contractor’s sole cost and expense.
As part of the Background Screening, Contractor must provide to a person designated by the City
the name(s), address(es), and phone number(s) of all Contract Workers who will provide any
services under this Agreement. All Contract Workers must comply with these Background
Screening requirements. All Contract Workers must be able to provide proof of the legal right to
work in the United States. The Background Screening provided by Contractor must comply with all
applicable laws, rules, and regulations. Contractor further agrees that the Background Screening
required in this Section is necessary to preserve and protect public health, safety, and welfare. The
Background Screening requirements set forth in this Section are the minimum requirements for
this Agreement. City in no way warrants that these minimum requirements are sufficient to protect
Contractor from any liabilities that may arise out of Contractor’s services under this Agreement or
Contractor’s failure to comply with this Section. Therefore, in addition to the specific measures set
forth below, Contractor and its Contract Workers must take such other reasonable, prudent, and
necessary measures to further preserve and protect public health, safety, and welfare when
providing services under this Agreement.

2. Background Screening Requirements and Criteria. Before offering or scheduling any services
under this Agreement, Contractor agrees that all Contract Workers, including the Contractor, if the
Contractor is an individual or sole proprietorship, must have successfully passed a Background
Screening in accordance with this Section. Contractor warrants that no person will be permitted
to substitute for a Contract Worker who has satisfied the Background Screening requirements until
the proposed substitute has also satisfied the Background Screening requirements in this Section.
For review and approval, Contractor must submit to a person designated by the City proof of a
completed Background Screening for each Contract Worker over the age of 18 performing services
under this Agreement no fewer than two (2) weeks before the proposed start date of such Contract
Worker’s services. The Background Screening must have been completed within the 12-month
period preceding the Contract Worker’s start date under this Agreement and must include the
results of a national criminal databased check with source verification, and a sex offender
database search.

3. Additional City Rights Regarding Security Inquiries. In addition to the foregoing, City reserves
the rights but not the obligations to: (1) have a Contract Worker be required to provide fingerprints
and execute such other documentation as may be necessary to obtain criminal justice information
pursuant to A.R.S. § 41-1750(G)(4); (2) act on newly acquired information whether or not such
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information should have been previously discovered; (3) unilaterally change its standards and
criteria relative to the acceptability of Contract Workers; and (4) object, at any time and for any
reason, to a Contract Worker performing work (including supervision and oversight) under this
Agreement.

4. Contractor Certification. By executing this Agreement, Contractor certifies that Contractor has
read and understands the Background Screening requirements and criteria in this Section and will
fully comply with such requirements. Contractor further certifies that any Background Screening
information to be furnished to City related to Contractor or its Contract Workers will be complete,
current, and accurate. A Contract Worker rejected for work under this Agreement will not be
proposed to perform work under other City contracts or engagements without City's prior written
approval.

5. Terms of This Section Applicable to all of Contractor’s Contracts and Subcontracts.
Contractor must include the terms of this Section for Contract Worker Background Screening in all
contracts and subcontracts for services furnished under this Agreement including, but not limited
to, supervision and oversight services.

6. Materiality of Background Screening Requirements: Indemnity. The Background Screening
requirements of this Section are material to City's entry into this Agreement and any breach of this
Section by Contractor will be deemed a material breach of this Agreement. In addition to the
indemnity provisions set forth in this Agreement, Contractor must defend, indemnify, and hold
harmless City for any and all Claims arising out of this Background Screening Section including,
but not limited to, the disqualification of a Contract Worker by Contractor or City for failure to
satisfy this Section.

7. Continuing Duty, Audit. Contractor’s obligations and requirements that Contract Workers satisfy
this Background Screening Section will continue throughout the entire term of this Agreement.
Contractor must notify City immediately of any change to a Background Screening of a Contract
Worker previously accepted by City. Contractor must maintain all records and documents related
to all Background Screenings and City reserves the right to audit Contractor’s compliance with this
Section under the terms of this Agreement.

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HOUSING EXHIBITS AND ATTACHMENTS / EXHIBITS

SITE MAPS

EXHIBIT E

WAGE DECISION

EXHIBIT F

HUD FORM INSTRUCTIONS

EXHIBIT G

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EXHIBIT E
SITE MAP

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EXHIBIT F
WAGE DECISION

"General Decision Number: AZ20240001 01/19/2024

Superseded General Decision Number: AZ20230001

State: Arizona

Construction Type: Residential

County: Maricopa County in Arizona.

RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family
homes and apartments up to and including 4 stories).

Note: Contracts subject to the Davis-Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but do not apply to
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(1).

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The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.

Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date
0 01/05/2024
1 01/19/2024

BRAZ0003-007 07/01/2023

Rates Fringes

BRICKLAYER.......................$ 32.74 9.52

ZONE PAY:

(Radius miles from the intersection of Central Ave. and
Washington St., Phoenix, AZ)

Zone A: 0-60 miles- Base Rate
Zone B: 61-75 miles- Base Rate plus $2.00 per hour
Zone C: 75-100 miles- Base Rate plus $3.00 per hour
Zone D: 101-200 miles- Base Rate plus $3.50 per hour
Zone E: Over 200 miles- Base Rate plus $6.50 per hour

----------------------------------------------------------------
ENGI0428-005 06/01/2022

Rates Fringes

POWER EQUIPMENT OPERATOR
(Grader/Blade)...................$ 34.49 12.57
----------------------------------------------------------------
* IRON0075-008 10/01/2023

Rates Fringes

IRONWORKER, STRUCTURAL...........$ 32.00 18.91
----------------------------------------------------------------
PLAS0394-006 07/01/2019

Rates Fringes

CEMENT MASON/CONCRETE FINISHER...$ 25.08 8.57
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----------------------------------------------------------------
* SUAZ2011-001 07/28/2011

Rates Fringes

ALARM INSTALLER, Includes
Wiring and Installation..........$ 13.91 ** 0.00

CARPENTER, Excludes Drywall
Hanging, and Form Work...........$ 18.16 0.00

DRYWALL HANGER...................$ 15.00 ** 0.58

ELECTRICIAN, Excludes Low
Voltage Wiring and
Installation of Alarms...........$ 15.45 ** 0.01

FORM WORKER......................$ 14.37 ** 0.00

GLAZIER..........................$ 13.45 ** 0.00

HVAC MECHANIC (Installation
of HVAC Duct)....................$ 15.36 ** 0.00

LABORER: Common or General......$ 10.18 ** 0.00

LABORER: Grade Checker..........$ 16.83 ** 0.45

LABORER: Mason Tender - Brick...$ 12.77 ** 0.00

LABORER: Mason Tender -
Cement/Concrete/Stone............$ 11.00 ** 0.00

LABORER: Pipelayer..............$ 13.00 ** 0.00

OPERATOR: Backhoe...............$ 18.29 0.00

OPERATOR: Excavator.............$ 24.67 0.00

OPERATOR: Forklift..............$ 16.17 ** 0.00

OPERATOR: Loader (Front End)....$ 15.00 ** 0.00

OPERATOR: Paver (Asphalt,
Aggregate, and Concrete).........$ 20.75 0.00

OPERATOR: Roller................$ 16.24 ** 1.42

OPERATOR: Scraper...............$ 19.20 1.52

OPERATOR: Tractor...............$ 22.63 0.00

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PAINTER: Brush, Roller and
Spray, Excludes Drywall
Finishing/Taping.................$ 12.89 ** 0.00

PLUMBER..........................$ 20.14 4.08

ROOFER...........................$ 13.67 ** 0.00

SPRINKLER FITTER (Fire
Sprinklers)......................$ 17.73 0.00

TRUCK DRIVER: Dump Truck........$ 17.02 ** 0.00

TRUCK DRIVER: Water Truck.......$ 14.50 ** 0.00
----------------------------------------------------------------

WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.

================================================================

** Workers in this classification may be entitled to a higher
minimum wage under Executive Order 14026 ($17.20) or 13658
($12.90). Please see the Note at the top of the wage
determination for more information. Please also note that the
minimum wage requirements of Executive Order 14026 are not
currently being enforced as to any contract or subcontract to
which the states of Texas, Louisiana, or Mississippi, including
their agencies, are a party.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (iii)).

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HUD FORMS INSTRUCTIONS
(These forms, where applicable, must be read, completed, signed, and submitted by the
Selected Bidder)

FORM HUD-51915-A (Contract Provisions Required by Federal Law or Owner Contract with
HUD.)

FORM HUD-4010 Federal Labor Standard Provisions

Contractor will read, and follow these provisions.

FORM HUD-5369 Instructions to Bidders for Contracts / Public & Indian Housing Programs

Contractor will read and be familiar for Public Housing Contracts.

FORM HUD-5369-A Representations, Certifications, and Other Statements of Bidders)

Contractor will read, check applicable boxes, sign, date, and submit.

FORM 5370 General Conditions for Construction Contracts – Public Housing (Contract
Greater Than
$100,000)

Contractor must read, and follow these provisions.

SECTION 3 REQUIREMENTS

Contractor must read, fill out, sign, and submit. Contractor must provide a
completed and signed copy of this form for themselves and any sub-contractor working on this
project.

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