Agreement

City of Chandler — Regular Meeting (2024-12-12)

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City Clerk Document No.

City Council Meeting Date: December 12, 2024

CITY OF CHANDLER SERVICES AGREEMENT
STREET REPAIR AND MAINTENANCE SERVICES
CITY OF CHANDLER AGREEMENT NO. PW5-745-4851

THIS AGREEMENT (Agreement) is made and entered into by and between the City of Chandler, an
Arizona municipal corporation (City), and M.R. Tanner Development & Construction, 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 street repair and maintenance 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 January 1, 2025, and ends on December 31,
2025, 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 $1,500,000. Contractor must submit requests for payment for
services approved and accepted during the previous billing period and must include, as applicable,
detailed invoices and receipts, a narrative description of the tasks accomplished during the billing
period, a list of any deliverables submitted, and any subcontractor’s or supplier’s actual requests
for payment plus similar narrative and listing of their work. Payment for those services negotiated
as a lump sum will be made in accordance with the percentage of the work completed during the
preceding billing period. Services negotiated as a not-to-exceed fee will be paid in
accordance with the work completed on the service during the preceding month. All requests
for payment must be submitted to the City for review and approval. The City will make payment for
approved and accepted services within 30 days of the City’s receipt of the request for payment.
4.2 Applicable Taxes. The Contractor will pay all applicable taxes. The City is subject to all applicable
state and local transaction privilege taxes. To the extent any state and local transaction privilege
taxes apply to sales made under the terms of this Agreement, it is the responsibility of the
Contractor to collect and remit all applicable taxes to the proper taxing jurisdiction of authority.
4.3 Tax Indemnification. The Contractor and all subcontractors will pay all Federal, state, and local
taxes applicable to its operation and any persons employed by the Contractor. The Contractor will
and require all subcontractors to hold the City harmless from any responsibility for taxes, damages,
and interest, if applicable, contributions required under Federal, state, and local laws and
regulations and any other costs including transaction privilege taxes, unemployment compensation
insurance, Social Security, and Worker’s Compensation.
4.4 All prices offered herein shall be firm against any increase for the initial term of the Agreement.
Prior to commencement of subsequent renewal terms, the City may approve a fully documented
request for a price adjustment. The City shall determine whether any requested price increases for
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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
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
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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.

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
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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: Chad Montoya
Title: Procurement Officer Title: Vice President
Address: 175 S. Arizona Ave. Address: 1327 W. San Pedro
Chandler, AZ 85225 Gilbert, AZ 85233
Phone: 480-782-2400 Phone: 480-363-3163
Email: raquel.mcmahon@chandleraz.gov Email: cmontoya@mrtanner.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
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.

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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.

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.

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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
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
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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
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.
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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.

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.

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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 - Scope of Services

Exhibit B - Compensation and Fees

Exhibit C - Insurance Requirements

Exhibit D - Special Conditions

Exhibit E – Approved Products List

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
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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.

5.47 Budget Approval Into Next Fiscal Year. This Agreement will commence on the Effective Date
and continue in full force and effect until it is terminated or expires in accordance with the
provisions of this Agreement. The Parties recognize that the continuation of this Agreement after
the close of the City's fiscal year, which ends on June 30 of each year, is subject to the City Council's
approval of a budget that includes an appropriation for this item as expenditure. The City does not
represent that this budget item will be actually adopted. This determination is solely made by the
City Council at the time Council adopts the budget.
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This Agreement shall be in full force and effect only when it has been approved and executed
by the duly authorized City officials.
FOR THE CITY
FOR THE CONTRACTOR
By: _________________________________________
By: _________________________________________
Its: ____________Mayor_______________________
Its: _________________________________________
APPROVED AS TO FORM:
By: _________________________________________
City Attorney
ATTEST:
By: _________________________________________
City Clerk
Docusign Envelope ID: 264F37A1-B99A-4A14-88B9-2BD1797BB069
President

Page 13 of 28

EXHIBIT A
SCOPE OF WORK
GENERAL INFORMATION

Contractor to provide Street Maintenance and Repair Services as specified herein. The Estimated
total value of the contract is estimated at $1,500,000 year one (1), with options to renew for up to
four (4) additional one-year periods.

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 must hold a valid license issued by the State of Arizona Registrar of Contractors and
must maintain same throughout the duration of the contract term and any subsequent contract
extensions. Failure to maintain said license may be grounds for default of the contract and
subsequent termination.

The Contractor may 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.

All products supplied by the Contractor shall meet all applicable Federal, State, Local, ANSI, and OSHA
laws, rules, and regulations pertaining to the products covered under the scope of this contract.

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1. GENERAL REQUIREMENTS.

1. MUTCD. CONTRACTOR shall remove and replace asphalt materials, as well as dispose of old
asphalt and all debris at CONTRACTOR’S expense. CONTRACTOR shall be responsible for
traffic control as required by the CITY Barricade Manual and the Manual on Uniform Traffic
Control Devices (MUTCD). CONTRACTOR shall be responsible for traffic control on all
incidental work required to complete the task. CONTRACTOR shall include all labor, material,
equipment needed to perform the work to the highest industry standards.

2. MAG. CONTRACTOR shall use the most current version of CITY/agency and/or Maricopa
Association of Governments (M.A.G.) standard details and specifications for inspection and
quality assurance for all work being done under this Agreement. CONTRACTOR shall be
responsible for ensuring that workmanship, materials, equipment, and site preparation
meet or exceed the required specifications. The Contract Administrator/designee will inspect
all phases of work and any unsatisfactory work or preparation shall be redone at no
additional cost to the CITY. The CITY reserves the right to adjust the amount of work required
and number of locations involved.

3. Permits. CONTRACTOR shall be responsible for obtaining all permits for the Streets Division.
Any other CITY departments utilizing this Agreement shall be responsible for overseeing
their own projects and providing their own permits, if required.

4. Blue Stake. CONTRACTOR shall be responsible for identifying and locating (Blue Stake) all
existing utilities affected by the work. CONTRACTOR shall be responsible for the repair of all
damaged utilities resulting from this work and will coordinate with utility companies and
affected residents and businesses for required outages.

5. Traffic Control / Construction Signage. CONTRACTOR shall adhere to all CITY, State and
Federal Traffic and Safety guidance, City of Chandler Traffic Barricades Design Manual #7,
City of Chandler Municipal code 46-2.7.E construction sign requirements and the Manual on
Uniform Traffic Control Devices (MUTCD). CONTRACTOR shall submit all traffic control plans
for approval to the City of Chandler Transportation and Development Department before
any work may progress. CONTRACTOR shall use the appropriate type and number of
barricades to protect the public from harm and the work site from damage. CONTRACTOR
shall place appropriate warning signs, such as “Sidewalk Close” signs and other signs as
required by the MUTCD or the Contract Administrator/Designee. Traffic control shall include
uniformed Chandler Police Officer and squad car as required. CONTRACTOR shall be paid
the actual cost of hiring the uniformed Chandler Police Officer (see item #67 on exhibit B,
contractor to be paid as invoiced, deducted from the allotted allowance). CONTRACTOR shall
be responsible for ordering and coordination of barricading and traffic control requirements.
Set up shall be per the CITY/agency Traffic Barricade manual and MUTCD. Barricading
restrictions on arterial streets cannot be in place earlier than 8:30 a.m. or after 4:00 p.m.
Scheduling of asphalt placement shall be coordinated to ensure that material has cooled
enough to avoid tracking or damage. Any areas that cannot be completed and open to traffic
by 4:00 PM must be steel plated, plates countersunk, in accordance with attached standard
MAG Detail 211, before open to traffic and shall be at no additional cost to CITY. Traffic
control shall be paid at the unit price listed, for each individual street segment, and for the
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length of time needed to complete all the work in accordance with the Agreement.

6. Project Signs. Whenever any work is being done in CITY streets, easements or right of way
for which approval by CITY of a traffic control plan is required, the person or persons
performing such work shall maintain at the site of such work at all times during which any
such work is being done, signage meeting the requirements set forth below and providing
information to the public as follows (see Exhibit H1-H3):

a. Be installed on temporary supports at an approved location;
b. Be placed in such positions that they can be read by traffic from each direction;
c. Be colored “construction orange” with black letters;
d. Have block letters at least 6” in height;
e. Contain the following information: the name of CONTRACTOR for whom the work is
being performed; the name of the CONTRACTOR actually performing the work; a
general description of the work to be done; the time frame within which the work will
be performed, i.e. the date work will commence and the date all work will be
completed; a 24-hour contact phone number where persons may speak with a
representative of the CONTRACTOR for whom the work is being performed or may
leave a request to speak with such a representative and for which all calls will be
returned by such a representative of the CONTRACTOR within 24-hours.

7. Dust Control. CONTRACTOR shall keep suitable equipment on hand at the job site for
maintaining dust control and shall employ appropriate equipment for that purpose in
accordance with the requirements of the “Maricopa County Health Department Air Pollution
Control Regulations” CONTRACTOR shall be responsible for obtaining an Air Quality Permit
from Maricopa County prior to starting the require work, especially if earth-moving
operations are involved. CONTRACTOR shall pay all permit fees.

8. Demo and Removal. CONTRACTOR shall remove excavated and demolished materials
immediately from work site at their cost. Steel plates shall be used (per MAG Standard Detail
211) where excavated area cannot be backfilled or where concrete placement for valley
gutters across roadway surface or drive entrances are done in phases. Steel plates shall be
gradually ramped from plate edges with EPA approved material and the street or drive
entrance opened immediately to traffic. CONTRACTOR shall use barricades and “sidewalk
closed” signs as required

9. Air Quality. CONTRACTOR shall be responsible for obtaining an Air Quality Permit from
Maricopa County prior to starting the required work, especially if earth-moving operations
are involved. CONTRACTOR shall pay all permit fees.

10. Water for Repair and Maintenance Purpose. Should CONTRACTOR desire to use water
from CITY mains, CONTRACTOR shall make application to the City Water Quality Department
for a fire hydrant meter and pay all the required deposits and costs. CONTRACTOR shall not
take water from CITY mains until a meter is installed.

11. Site Cleaning. All public and private property and grounds occupied by CONTRACTOR in
connection with the work shall be cleaned of all debris and excess materials (to include mud
and concrete residue in all affected gutter flow lines) after each workday; additionally,
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temporary structures and equipment shall be removed at the end of the project.
CONTRACTOR shall utilize a PM-10 certified mechanical broom sweeper throughout the
workday for cleanup. All parts of the work shall be left in an acceptable condition before
final acceptance.

12. Notification of Public. CONTRACTOR shall notify all affected citizens and businesses by
door flyer 48 hours prior to start of work. Door flyer shall include, as a minimum, all pertinent
information such as description of work, date, time, schedules and CONTRACTOR name, and
a 24-hour contact phone number(s). The flyer information shall be submitted to the Contract
Administrator/Designee for approval prior to distribution.

13. Protection of adjacent property. CONTRACTOR shall take all necessary steps to protect
adjacent public or private properties during work. CONTRACTOR shall restore any damage
to adjacent property at CONTRACTOR expense and to the satisfaction of the Contract
Administrator/designee.

14. Work quantities and locations. The listed under this Agreement are subject to change
and may be done solely at the discretion of the CITY. The CITY will provide CONTRACTOR
with a list of the locations and approximate square yards of each location when required.

15. Work Schedule. CONTRACTOR shall submit to Contract Administrator/designee a written
proposed schedule of work for approval prior to commencing any work under this
Agreement

16. Stop Work. The CITY reserves the right to stop work under this Agreement at any time if, in
their opinion:
a)
weather conditions become adverse for doing patchwork;
b)
quality of work is deemed unacceptable;
c)
conflicts in CONTRACTOR equipment or personnel cause delays in getting work
completed;
d)
work schedules/locations conflict with other CITY activities;
e)
material is deemed unacceptable by Contract Administrator/designee.

17. Estimated Quantities. There is no guarantee as to minimum quantities required by CITY.
The CITY reserves the right to increase or decrease the actual quantities used to complete
the project. Payment shall be based on actual quantities.

18. Payment Applications and Invoices. CONTRACTOR shall submit invoices for payment to
Contract Administrator/designee for approval upon completion of work. All work by
CONTRACTOR will be inspected and approved by Contract Administrator/designee prior to
processing of any payments. Payment schedule is 30 (thirty) calendar days or less upon
approval.

19. CONTRACTOR shall provide asphalt patchwork, or where required, concrete repair and
maintenance to CITY. Patches will vary in sizes ranging from 6’x6’ to as large as, but not
limited to, 20’x200’ at various locations throughout the CITY and shall be replaced “in kind”
or as directed by Contract Administrator/designee. All patches larger than 7’Wx40’L shall
require the use of a paving machine to insure the smoothest surface possible. The
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patchwork shall be of the highest industry standard and must meet the grades or edges of
the existing asphalt surface. CONTRACTOR will not be required to perform the work unless
the CITY has a total of approximately 50 square yards to be repaired. Ideally, CONTRACTOR
should make every attempt to complete, on the same day, any and all asphalt removal and
replacement. Sub-grade preparation after asphalt removal shall be in accordance with
M.A.G. standards for this task.

20. CONTRACTOR shall supply asphalt material for this contract. The CITY shall approve the
asphalt supplier prior to CONTRACTOR commencing work. The asphalt mix design shall
meet the East Valley Asphalt Committee (EVAC) mix design criteria. On arterial streets,
rubberized asphalt mix shall be used or as directed by Contract Administrator/designee.

21. Placement and compaction of patch material shall be accomplished in two (2) equal lifts to
ensure proper density. The finished surface of the patch shall be flush with the adjoining
pavement on all edges. Any newly installed patch that is not acceptable to the Contract
Administrator/designee shall be removed and replaced to meet acceptable standards. Any
additional cost incurred for re-work will be the responsibility of the Contractor. Compaction
shall be accomplished using a self-propelled double drum vibratory asphalt roller, with a
minimum operating weight of three (3) tons. Use of any other compaction equipment will
not be allowed unless approved by the Contract Administrator/designee.

22. Asphalt milling depths will be determined by Contract Administrator/designee. Areas milled
must have vertical edges on all sides of the patch.

23. Asphalt patching done on arterial roads shall be a minimum of 5” thick or equal to the
existing thickness of asphalt whichever is greater. On collector streets, the patches must be
a minimum of 3” or equal to the existing thickness of the asphalt surface, whichever is
greater.

24. The CITY shall mark all locations for patching or milling. Prior to commencing work, the
Contract Administrator/designee and CONTRACTOR shall measure the areas and agree upon
the square yards required.

25. If working at signals, CONTRACTOR shall notify the CITY Traffic Division and Contract
Administrator/designee 48-hours prior to commencing work to ensure that the loops can be
re-installed by CONTRACTOR.

26. At all signalized intersections where patching is required, an off-duty uniformed police officer
shall
be
utilized.
Traffic
control
plans
shall
be
submitted
to
the
Contract
Administrator/designee for approval prior to commencing work.

27. Pavement repairs shall be water tested at the discretion of Contract Administrator or
Designee before final acceptance. Any area not draining properly shall be corrected at
CONTRACTOR’S expense.

28. The CITY reserves the right to conduct in-place density testing on newly placed asphalt
patches. CONTRACTOR shall be required to re-compact any patch that does not meet a
minimum of 95% maximum density compaction for Marshall mix and 93% maximum density
compaction for RICE mix design being used. If required compaction is no longer attainable
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due to material cooling below a workable temperature, CONTRACTOR shall remove and
replace the material. The CITY shall be responsible only for the cost of the initial testing.
CONTRACTOR shall be responsible for any cost associated with re-testing areas requiring re-
work. CONTRACTOR shall not be allowed to re-heat asphalt patches with an open flame
heater. Any asphalt patch reheated with open flames shall be removed and replaced by the
CONTRACTOR at no additional cost to CITY.

29. CONTRACTOR shall seal all pavement cut joints with Crafco Polyflex Type III crack sealant (or
approved equal) two (2) days after patchwork completion or as directed by Contract
Administrator/designee.

30. Survey Monuments shall be adjusted according to MAG Standard Detail 120-1 and 120-2 as
applicable. Survey monuments will be re-established by reference by a Registered Land
Surveyor (RLS). The RLS shall reset the survey monuments.

31. All manholes shall be protected from debris falling into them. If any material enters the
manhole from this work, it shall be the responsibility of the CONTRACTOR to clean out the
manhole to the satisfaction of the utility company. CONTRACTOR shall be required to use
(Manhole Debris Shields) in the process of working in manholes. Debris Shields shall be
fabricated of plastic or wood and made of two half circles hinged in the middle to form one
unit. The hinge shall allow the unit to fold in half to fit thru an open manhole. The unit is
then unfolded and placed on the bottom of the manhole about the invert preventing debris
from falling into the invert and sewer line. The actual diameter of the unit shall depend on
the width of the manhole shaft.

32. The City of Chandler is mandated to provide accessibility improvements to curb ramps and
driveways whenever a pavement resurfacing is done. To accomplish this requirement,
CONTRACTOR shall repair and/or retrofit existing curb ramps and driveways to the best
extent possible to meet current Americans with Disabilities Act (ADA) standards or as
directed by Contract Administrator/Designee. Each retrofit is a unique “field fit” and as such,
the CONTRACTOR shall coordinate with the Contract Administrator/Designee in determining
work limits and scope for each area. In most instances, directional dual curb ramps shall be
installed at each corner of intersections and shall be constructed as a combination of two (2)
MAG standard detail ramps.

33. CONTRACTOR shall ensure that concrete conforms to the applicable requirements of MAG
specification section 725 and applicable Maricopa Association of Governments (MAG) or City
of Chandler (COC) standard detail. Concrete repair and maintenance shall comply with MAG
specification section 340 as applicable. CONTRACTOR shall conduct a flow test on aprons,
valley gutters and curb & gutters by supplying water from a tank truck or other source. Any
ponding greater than ½ inch one hour after the water is shut off shall be corrected at
CONTRACTOR’S expense. Asphalt cut-and-patch for concrete forms shall be replaced
flushed with existing pavement edges. Asphalt concrete shall be placed in accordance with
the requirements in MAG standard specifications section 321 and 336.

34. Detectable warning shall consist of truncated domes as determined in MAG specification
section 340. All truncated dome tiles shall be approved by the Contract
Administrator/Designee prior to installation. (See attached Exhibit E - Approved Products
List). Note: composite tiles are not a suitable substitute for the “hard” tiles listed in Exhibit
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and will not be used on this contract.

35. The CONTRACTOR shall upon request obliterate all striping such as crosswalks, stop bars,
lane lines, edge lines and center lines which do not line up or match retrofitted curb ramps.
The CONTRACTOR shall re-stripe these obliterated areas as directed by Contract
Administrator/Designee.

No
striping
shall
begin
until
approved
by
Contract
Administrator/Designee.

36. The CONTRACTOR shall seal coat obliterated striping as directed by Contract
Administrator/Designee with a Brewer Coat and silica sand mixture of one (1) gallon Brewer
Coat to two (2) pound silica sand (or approved equal).

37. Paver Removal. CONTRACTOR shall remove all pavers and dispose of excavated and
demolished materials immediately from work site. The CONTRACTOR shall use barricades
and “sidewalk closed” signs as required.

DEFINITIONS:

1.
Asphalt removal and replacement: per inch of depth / per sq. yd. total.
All price items to include disposal of surplus materials by CONTRACTOR.
All price items to include new materials placed, graded and compacted to standard MAG
specifications.

2.
Sub-base and sub-grade removal and replacement: per cu. yd.
Any surplus materials to be disposed of by CONTRACTOR.
All materials to be placed, compacted and graded to finish grade as per standard MAG
specifications. All price items to include replacement of approved materials.

3.
New asphalt (A/C) only: per 1” of depth / per sq. yd.
New material to be placed and compacted to standard MAG specifications.

4.
New aggregate base course (ABC): per ton
New material to be placed, graded and compacted to standard MAG specifications.

5.
Earth work and sub-grade preparation only: per cu. yd.
All surplus material to be disposed of by CONTRACTOR.
Sub-grade to be placed, compacted and graded to finished grade.

Docusign Envelope ID: 264F37A1-B99A-4A14-88B9-2BD1797BB069

CITY OF CHANDLER
NOTICE OF REQUEST FOR PROPOSAL PW5-745-4851

Page 20 of 28

EXHIBIT B TO AGREEMENT
COMPENSATION AND FEES
The City makes no guarantee of quantities. Prices shall be tax inclusive.
Item

Unit
No.
Description
Qty
Unit
Price
Asphalt Patch Removals and Replace
1
Asphalt Saw cut and match existing, up to 2" Deep
1
LF
$3.50
2
Asphalt Saw cut and match existing, 2" to 3" Deep
1
LF
$3.50
3
Asphalt Saw cut and match existing, 3" to 4" Deep
1
LF
$3.50
4
Asphalt Saw cut and match existing, 4" and above
Deep
1
LF
$3.50
5
Remove and Replace EVAC Asphalt, 2" - 4" Deep, (1
- 50 SY)
1
SY
$60.00
6
Remove and Replace EVAC Asphalt, 2" - 4" Deep,
(50 - 100 SY)
1
SY
$58.00
7
Remove and Replace EVAC Asphalt, 2" - 4" Deep,
(100+ SY)
1
SY
$56.00
8
Remove and Replace EVAC Asphalt, 4" - 8" Deep, (1
- 50 SY)
1
SY
$65.00
9
Remove and Replace EVAC Asphalt, 4" - 8" Deep,
(50 - 100 SY)
1
SY
$63.00
10
Remove and Replace EVAC Asphalt, 4" - 8" Deep,
(100+ SY)
1
SY
$60.00
11
Remove and Replace Rubberized Asphalt, up to 4"
Deep (1-100 SY)
1
SY
$50.00
12
Remove and Replace Rubberized Asphalt, 4" and
above Deep (1-100 SY)
1
SY
$50.00
13
Crack Seal
1
LF
$3.90
14
2" Asphalt Cap
1
SY
$23.00
15
Asphalt Milling Up to 1.5" to 2" Deep
1
SY
$15.00
16
Asphalt Pave 2" (12.5MM EVAC AC Mix)
1
SY
$27.50
17
Speed Humps, Removal and Replacement, per
Detail C-234
1
EA
$870.00
18
Sub-base and/or subgrade removal and
replacement
1
CY
$9.00
19
Aggregate Base Course (ABC) placed and
compacted
1
TON
$30.00
20
Paver Removal
1
SF
$27.50
21
Stamped Asphalt
1
SF
$9.00
Utility / Monument Adjustments
22
Pre-lower manhole frame and covers
1
EA
$290.00
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23
Adjust Existing manhole frame and covers per MAG
Detail 420-1 or 420-2 or 422
1
EA
$510.00
24
Pre-lower valves, survey monuments, and sanitary
sewer cleanouts
1
EA
$290.00
25
Adjust frame and covers for valves, survey
monuments, and sanitary sewer cleanouts per
MAG Detail 270
1
EA
$430.00
Concrete and ADA
26
Concrete Saw cut, Remove and Dispose of all
concrete and asphalt from curb ramps, driveways,
alley entrances, sidewalks, and valley gutters or
concrete aprons.
1
SF
$40.00
27
Concrete Saw cut, Remove and Dispose of concrete
curb and gutter or median curb
1
LF
$35.00
28
Sidewalk per MAG Detail 230
1
SF
$35.00
29
Curb & Gutter, Median Curb per MAG Detail 220-1
or 220-2 or221 or 222 or 223
1
LF
$40.00
30
Asphalt Patch Back, 2 feet wide minimum
1
SF
$30.00
31
ADA Truncated Domes per MAG Detail 234
1
SF
$50.00
32
Curb Ramp per MAG Details (236-1 or 236-2 or 236-
3 or 236-4) Single
1
EA
$860.00
33
Curb Ramp per MAG Details (236-1 or 236-2 or 236-
3 or 236-4) Dual
1
EA
$1,070.00
34
Curb Ramp per MAG Details (237-1 or 237-2 or 236-
3) Single
1
EA
$870.00
35
Curb Ramp per MAG Details (237-1 or 237-2 or 236-
3) Dual
1
EA
$1,080.00
36
Curb Ramp per MAG Detail 236-5 (modified single)
(blended transition)
1
EA
$700.00
37
Curb Ramp per MAG Details (238-1 or 238-2 or 238-
3)
1
EA
$900.00
38
Valley Gutters per MAG Detail 240
1
SF
$35.00
39
Concrete Apron per MAG Detail 240
1
SF
$35.00
40
Driveway or Alley Entrance per MAG Detail 260
1
SF
$35.00
41
Commercial Driveway per MAG Detail 250-1, 6"
Thick
1
SF
$40.00
Striping and Markings and Loops
42
Standard COC signal Loop, 6'x50'
1
EA
$1,000.00
43
Obliterate Striping, 4” equivalent
1
LF
$4.00
44
Seal Obliterated Striping, 4” equivalent
1
LF
$4.00
45
4" Yellow Paint Striping
1
LF
$1.40
46
4" White Paint Striping
1
LF
$1.40
47
6" White Paint Striping
1
LF
$2.00
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48
8" White Paint Temporary Turn Lane
1
LF
$2.90
49
8" White Paint Thermoplastic Turn Lane
1
LF
$2.90
50
12" White Paint Temporary Crosswalks
1
LF
$3.00
51
12" White Paint Thermoplastic Crosswalks
1
LF
$3.00
52
18" White Paint Temporary Stop Bars
1
LF
$3.00
53
18" White Paint Thermoplastic Stop Bars
1
LF
$3.00
54
24" White Paint Thermoplastic Railroad Stop Bars
1
LF
$3.00
55
Railroad Symbols Per MUTCD Standard (Actual
Count)
1
SET
$160.00
56
School Crosswalk, 24”x10’ Yellow High Visibility
Crosswalk Rectangles
1
SET
$160.00
57
School Roll Out Yellow Dots, 24” Diameter
1
EA
$35.00
58
Temporary Turn Arrows, Paint
1
EA
$52.00
59
Turn Arrows, Thermoplastic
1
EA
$110.00
60
Bike Lane Symbols
1
EA
$63.00
61
White Raised Pavement Markers, RPMS
1
EA
$4.00
62
Yellow Raised Pavement Markers, RPMS
1
EA
$4.00
63
Blue Fire Hydrant Reflectors
1
EA
$11.00
64
Temporary Chip Seal Pavement Markers, Yellow
1
EA
$3.00
65
Temporary Chip Seal Pavement Markers, White
1
EA
$3.00

Miscellaneous

66
General Survey
1
HR
$150.00
Traffic Control
67
Traffic Control Arterial Roadway Sections
(Contractor to be paid as invoiced per
day)
1
Allowance
$_87,500________
68
Traffic Control Residential and Collector
Roadway Sections (Contractor to be paid
as invoiced per day)
1
Allowance
$_30,000________
69
City of Chandler Uniformed Police Officer.
(Contractor to be paid as invoiced the
actual cost of hiring police officer per
hour)
1
Allowance
$_75,000________

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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
occurrence, $4,000,000 aggregate. Said insurance must also include coverage for products
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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
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
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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.

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

WORK IN CITY RIGHT-OF-WAY

Work within the City's Right-of-Way. All work performed within the City's Right-of-Way by the Contractor
and his/her subcontractors must comply with the City of Chandler requirements.

Docusign Envelope ID: 264F37A1-B99A-4A14-88B9-2BD1797BB069

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EXHBIT E
ADA TRUNCATED DOMES (TILES)
APPROVED PRODUCTS LIST

1.
NWC Erie St and Cheri Lynn Dr
Cast in Tact Wet Set
By N-Direct
Installation Date: 02/2007
Contact Info
TF Valdez Construction Supply Co., Inc
5660 South 32nd Street, Suite #105
Phoenix, AZ 85040
(602) 305-8575

2.
SEC Erie St and Evergreen St
TekWay Dome Tiles w/Anchor
By StrongGo Inc
Installation Date: 07/2007
Contact Info
StrongGo LLC
3296 E. Hemisphere Loop
Tucson, Arizona 85706
Tel: (520) 547-3510

3.
SWC Erie St and Vine St
ADA Arcis Tactile
By Arcis Corp
Installation Date: 03/2009
Contact Info
Atlas Construction Supply, Inc
1611 S. 27th Ave.
Phoenix, Arizona 85009
Tel: (602) 256-0600

Note: composite tiles are not a suitable substitute for the “hard” tiles listed on this Exhibit and will
not be used on this contract.

Docusign Envelope ID: 264F37A1-B99A-4A14-88B9-2BD1797BB069