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City Clerk Document No. City Council Meeting Date: December 12, 2024 CITY OF CHANDLER SERVICES AGREEMENT CITY PARK LANDSCAPE SERVICES CITY OF CHANDLER AGREEMENT NO. CS5-988-4853 THIS AGREEMENT (Agreement) is made and entered into by and between the City of Chandler, an Arizona municipal corporation (City), and Grounds Control, 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 city park landscape 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 SECTION II: CONTRACTOR’S SERVICES Page 1 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 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 The term of the Agreement is One year and begins on December 13, 2024, and ends on December 12, 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 $2,149,128.00. Contractor must submit requests for payment for services approved and accepted during the previous billing period and must include, as applicable, detailed invoices and receipts, a narrative description of the tasks accomplished during the billing period, a list of any deliverables submitted, and any subcontractor’s or supplier’s actual requests for payment plus similar narrative and listing of their work. Payment for those services negotiated as a lump sum will be made in accordance with the percentage of the work completed during the preceding billing period. Services negotiated as a not-to-exceed fee will be paid in accordance with the work completed on the service during the preceding month. All requests for payment must be submitted to the City for review and approval. The City will make payment for approved and accepted services within 30 days of the City’s receipt of the request for payment. 4.2 Applicable Taxes. The Contractor will pay all applicable taxes. The City is subject to all applicable state and local transaction privilege taxes. To the extent any state and local transaction privilege taxes apply to sales made under the terms of this Agreement, it is the responsibility of the Contractor to collect and remit all applicable taxes to the proper taxing jurisdiction of authority. 4.3 Tax Indemnification. The Contractor and all subcontractors will pay all Federal, state, and local taxes applicable to its operation and any persons employed by the Contractor. The Contractor will and require all subcontractors to hold the City harmless from any responsibility for taxes, damages, and interest, if applicable, contributions required under Federal, state, and local laws and regulations and any other costs including transaction privilege taxes, unemployment compensation insurance, Social Security, and Worker’s Compensation. 4.4 All prices offered herein shall be firm against any increase for the initial term of the Agreement. Prior to commencement of subsequent renewal terms, the City may approve a fully documented request for a price adjustment. The City shall determine whether any requested price increases for extension terms is acceptable to the City. If the City approves the price increase, the price shall Page 2 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 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 services as provided in this Agreement, the City will notify the Contractor in writing and Page 3 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 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 from or relate to performance of the work under this Agreement by Contractor and its agents, Page 4 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 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: Kellie Huston Title: Procurement Officer Title: Chief Operating Officer Address: 175 S. Arizona Ave. Address: 2960 E. Elwood St. Chandler, AZ 85225 Phoenix, AZ 85040 Phone: 480-782-2400 Phone: 480-216-9291 Email: raquel.mcmahon@chandleraz.gov Email: kellie.huston@groundscontrol.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. Page 5 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 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. Page 6 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 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 Page 7 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 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. Page 8 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 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. Page 9 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 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 F- Contractor Equipment Exhibit B - Compensation and Fees Exhibit G – High Frequency Playground Exhibit C - Insurance Requirements Inspection Exhibit D - Special Conditions Exhibit H - Maps Exhibit E Parks & Facility Locations Descriptions 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 Page 10 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 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. Page 11 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 12 of 121 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: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Chief Operating Officer Page 13 of 121 EXHIBIT A TO AGREEMENT SCOPE OF SERVICES SECTION I – GENERAL CONTRACTOR to provide Landscaping Services at various locations throughout the City. The specifications listed below are the minimum requirements and are intended to govern the requirements desired. The City of Chandler reserves the right to evaluate variations from these specifications. CONTRACTOR shall provide CITY with landscape maintenance services in parks and non-park sites listed herein (Exhibit E). All specifications apply to all locations except where noted. The rate for landscape maintenance services shall include all necessary labor, equipment, and supplies to perform the services as required in this Scope of Work. VENDOR QUALIFICATIONS The CONTRACTOR shall comply 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 must hold a valid Landscaping and Irrigation Systems ‘CR-21’ category license or similar category license as issued by the State of Arizona Registrar of CONTRACTORs before submission of a proposal and must maintain the 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/designee. 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 CONTRACTOR's responsibility. The CONTRACTOR MUST have and maintain full-time Company representation located in the Phoenix, Arizona, metropolitan area, with the ability and authority to address all Contract issues that may develop. The CONTRACTOR shall provide the individual's name and contact information, including a cellular phone and off-hours phone numbers, to the Contract Administrator/designee. 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. SCOPE OF WORK FOR ALL SITES 1. DESCRIPTION. CONTRACTOR shall furnish all labor, licenses, permits, and material and equipment necessary to maintain the City locations as specified herein. For this Agreement, the CONTRACTOR shall be licensed by the Arizona Registrar of Contractors as an active, licensed landscape CONTRACTOR. The City requires the CONTRACTOR to have a qualifying party at the time of submittal and a qualifying party with a proper active license with the Office of Pest Management. Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 1. CONTRACTOR shall keep all areas clean of trash, weeds, debris, dog waste, dried/dead plants or parts of plants (leaves, fronds, branches, etc.), tumbleweeds, seedlings, and suckers. This includes sidewalks, walls, and areas adjacent to the inside and outside of walls or any area where debris may collect. All trees and shrubs shall be kept in such a manner that they do not present any sight or safety hazards. Several sites in this Agreement currently utilize reclaimed water for irrigation. The CONTRACTOR shall notify and train their employees in accordance with Arizona Administration Code R18-9-704, General Requirements, and the Maricopa County Environmental Health Service Reuse Manual while working at these locations. All work specified herein shall be completed under the direction of and to the satisfaction of the Contract Administrator/designee. As additional facilities are built within the City, they may be added to the maintenance of this Agreement at a negotiated price. CONTRACTOR shall be required to have the equipment on hand necessary to perform all requirements listed herein. The CONTRACTOR shall provide a list of all equipment to be used in this agreement. 2. WORK SCHEDULE. The CONTRACTOR must submit a monthly work schedule by the 25th, including supervisors' names and contact info. The schedule should detail tasks, frequencies, and worker counts and avoid disrupting normal daily park operations. Work is to be done from 6 a.m. to 5 p.m. Monday through Friday, with any missed tasks or updated schedule changes reported the following Monday. The City reserves the right to make minor adjustments in the schedule at any time to avoid conflict with park construction, maintenance operations, and recreation programs or to better serve the City’s needs. Required schedules are needed for weekly landscape maintenance, trimming/cutbacks, trash pickup, power washing, tree trimming, palm tree trimming, and herbicide application for pre- and post-emergent. All forms and schedules shall be in a format approved by the City. 3. CONTRACTOR’S RESPONSIBILITY. The CONTRACTOR shall comply with the Social Security Act, Worker’s Compensation laws, and Unemployment laws of the State of Arizona, as well as all local, state, and federal legislation, rules, and regulations relevant to the CONTRACTOR’s business and the performance of all duties associated with custodial service. 3.1 CONDITION OF LANDSCAPE AT THE BEGINNING OF THE CONTRACT. The CONTRACTOR shall be responsible for visiting the sites and becoming familiar with any conditions that may affect performance and pricing. Submission of an offer will be prima facie evidence that the CONTRACTOR did, in fact, make a site inspection and is aware of all conditions affecting it. 3.2 CONDITION OF THE LANDSCAPE AT THE END OF THE CONTRACT. Six weeks before contract expiration or termination, the Contract Administrator/designee and the CONTRACTOR will inspect the landscape areas. Any maintenance issues found will be noted, and repairs will be arranged, with costs deducted from the outgoing CONTRACTOR's final Page 14 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 15 of 121 payment. This applies even if the outgoing CONTRACTOR is re-awarded the contract. The last payment will cover work completed in the final 60 days. 3.3 MATERIALS. The Contract Administrator/designee must approve the purchase of any materials not stipulated in the contract before purchase. The CONTRACTOR must provide invoices as proof of purchase to the Contract Administrator/designee before reimbursement will be made. The City retains the right to purchase all materials directly and to make them available to the CONTRACTOR for use in fulfilling the terms of this agreement. 3.4 INSPECTION. The CONTRACTOR must have at least one on-site, full-time, qualified supervisor fluent in English who will conduct weekly inspections and provide written reports to the City. CONTRACTOR employees must also understand English for safety and communication. All work shall meet specified standards in the solicitation, with daily inspections and weekly reports required. The Contract Administrator will also perform daily inspections to assess work quality. 3.5 INSPECTION REPORTS. Weekly inspection reports and time-stamped pictures must be emailed to the Contract Administrator/designee on the following Monday morning by 8 am. If not received by then, the CONTRACTOR will be deducted from the payment for that week. The Weekly Inspection Report will list the details of work performed, details of unusual activities (accidents, vandalism, irrigation issues, etc.), lost and found articles, property, and equipment not in operating condition (listed by description and location), and other pertinent information. When discovered, all cases of vandalism shall be reported to the CITY, and the Contract Administrator/designee shall determine the course of action to be taken. The CONTRACTOR shall provide safe storage for all lost and found articles and deliver unclaimed articles weekly to the Contract Administrator/designee. All incidents of vandalism and lost/found items shall be recorded on the Daily Work Report. In their weekly report, the CONTRACTOR is responsible for notifying the Contract Administrator/designee of any irrigation issues in the granite and turf areas (leaks, programming, etc.) at the contracted sites. If the CONTRACTOR fails to notify the Contract Administrator/designee, then the CONTRACTOR WILL BE RESPONSIBLE for removing and replacing any dead tree/shrub material in kind at no additional cost to the City. The CONTRACTOR shall water by hand or by other means in accordance with plant needs when irrigation systems are out of service. High-frequency Playground Inspection Reports shall be performed bi‐weekly. 3.6 SAFETY CONSIDERATIONS. The CONTRACTOR must provide and install temporary signs or closures to warn and protect the public from hazards, especially near power equipment. Caution signs must be provided at no extra cost to the City. CONTRACTOR and the CONTRACTOR’s employees shall readily notify appropriate authorities of emergencies that occur on-site and call for professional assistance when warranted; for example, in case of fire, dial 911. The Contract Administrator/designee shall immediately be Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 16 of 121 notified of any incidents or conditions relative to public health or safety. Incidents or conditions of a lesser nature will be relayed during the next normal workday. The CONTRACTOR shall operate to prevent damage to existing facilities, grounds, utilities, or other structures. If the CONTRACTOR causes damage to City property, the CONTRACTOR shall replace or repair the same at no cost to the City as directed by the Contract Administrator/designee. If the damage caused by the CONTRACTOR must be repaired or replaced by the Contract Administrator/designee, the cost of such work shall be deducted from the CONTRACTOR’s monthly payments. The CONTRACTOR will notify the Contract Administrator/designee of the damage caused. CONTRACTOR will furnish a list of products used, including cleaning chemicals (and associated Safety Data Sheets), before the start of the contract, and if the product is changed or another is introduced at any time. Chemical products for cleaning park amenities must be used according to label instructions, and the CONTRACTOR must ensure employees follow these directions. 3.7 CONSTRUCTION WORK. When a location is under construction or otherwise taken out of service, the CONTRACTOR may be relieved of all or part of the contract obligations for the area designated. Since the CONTRACTOR will not be performing full service, monthly payments will be reduced. After discussing the scope and extent with the CONTRACTOR, the City will determine the reduction percentage. 3.8 EQUIPMENT. The CONTRACTOR shall provide and maintain equipment sufficient in number, operational condition, and capacity to efficiently perform the work and render the services required by this contract during the entire period of this contract. The CONTRACTOR’s vehicles shall be clearly marked with the company name and logo. All vehicles must always be maintained in good repair, appearance, and sanitary condition. 3.9 ACCEPTANCE. All work specified shall be completed under the direction of and to the satisfaction of the Contract Administrator/designee. 3.10 WATER. The City will furnish all the water. A water meter will be provided when needed. 3.11 ADDITIONS AND DELETIONS. The City retains the right to delete or add maintenance areas and items to this contract. Charges for areas or items deleted will be dropped from the monthly billing. The City may delete an item or area at any time and will prorate charges for services already performed. Charges for maintenance items or areas added to this Agreement are subject to approval by the Contract Administrator/designee. Charges for areas added shall be priced comparably to similar areas and 3.12 EXTRA WORK. The City may require the CONTRACTOR to perform work in addition to those specified in the Agreement, including, but not limited to, trimming, mowing, repairing accident and storm damage to landscaping, and one-time cleanup. Extra work ordered rates will be compensated payable as outlined in Exhibit C, attached become part of the contract through properly executed forms. Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 17 of 121 hereto and made a part hereof by reference. CONTRACTOR shall not perform any extra work until authorization is obtained from the Contract Administrator/designee. This authorization will be in the form of a written request or a numbered authorization form. Extra work performed without authorization may not be paid. The Contract Administrator/designee will approve any additional work not covered. The CONTRACTOR shall submit an estimate for approval. The Contract Administrator/designee will determine whether the charges are fair and reasonable. The City reserves the right to perform the work or contract other vendors if the CONTRACTOR's estimate is not considered fair and reasonable. The rates listed in Exhibits B and C shall be considered valid throughout the term of the Agreement. Adjustments may be made according to the Terms & Conditions listed herein and must be approved in writing by the Contract Administrator/designee. The listed rates include all profit, overhead, mobilization, and transportation costs. Work requiring only one person will be compensated at the labor rate. No additional payment will be provided for time spent on tasks performed by employees above the foreman level. Supervisors, general superintendents, estimators, and company owners are expected to be covered by the overhead included in other payments from the City. The CONTRACTOR acknowledges and agrees that this agreement does not grant exclusive rights to perform any additional work that may arise during its term. 3.13 QUALITY CONTROL. The CONTRACTOR must implement a comprehensive quality control program to meet contract requirements. A copy of the program must be submitted to the Contract Administrator/designee and the Purchasing Division for approval within 10 working days of award. Work cannot begin until the program is approved. The program must include, but is not limited to, the following: • The CONTRACTOR will be required to provide the Contract Administrator/designee with a schedule for weekly maintenance of all areas on the Friday before the scheduled work week, specifying when each site will be maintained. No changes to the schedule shall be made without the Administrator/designee's prior approval. • Weekly Supervisor Inspections of all contracted sites. • Weekly inspection reports and time-stamped pictures must be emailed to the Contract Administrator/designee on the following Monday morning by 8 am. 3.14 QUALITY ASSURANCE. The Contract Administrator/designee will conduct random inspections of City-landscaped sites to ensure CONTRACTOR compliance with contract requirements. If deficiencies are found, the CONTRACTOR must provide a written explanation detailing the cause, corrective actions to achieve acceptable performance, and measures to prevent recurrence. Payment will be withheld for any services not meeting contract standards, and the CONTRACTOR must correct any unsatisfactory work at their own expense. Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 18 of 121 3.15 DEDUCTIONS TO PAYMENTS DUE. If the CONTRACTOR fails to perform work in accordance with the Agreement, the City may hold part or all payments due to the CONTRACTOR. Partial payment may be withheld / never paid if CONTRACTOR has performed poorly. The City will establish the payment amount. If CONTRACTOR has not taken action to correct the deficiency within the time listed below, the City may withhold all payments for the area affected until a correction is made and liquidated damages/performance guarantees may be assessed. Upon completion of the corrective action and approval by the Contract Administrator/designee, payment will be released. Unsatisfactory work will not be paid for. Unless an extension has been provided in writing by the Contract Administrator/designee, failure to correct areas identified as deficient within the limits of this correction time limit schedule may result in cause for termination of the Agreement in accordance with provisions here. Water & Sprinkler Repair must be completed within 2 working days Weed control must be completed within 2 working days Mowing must be completed within 2 working days Cleaning must be completed within 1 working days Fertilization must be completed within 5 working days Trimming must be completed within 3 working days Pruning must be completed within 7 working days Replanting must be completed within 7 working days Dead Plant removal must be completed within 2 working days Hazard Removal (sight obstruction) must be completed within 1 working day 3.16 LIQUIDATED DAMAGES / PERFORMANCE GUARANTEES. The City expects landscape and grounds maintenance performed by the CONTRACTOR to result in landscape areas always looking well-groomed and clean. If tasks are omitted or not completed to the satisfaction of the Contract Administrator/designee, public safety and the appearance of the City Parks and landscape areas are compromised. CONTRACTOR and City agree upon the following schedule of liquidated damages to be deducted from any monies due or to become due to CONTRACTOR under this Agreement. These sums are fixed and agreed upon, not as a penalty, but because the parties mutually agree that the actual loss to the City and the public caused by the omission of work or substandard performance is impractical and extremely difficult to ascertain. If the CONTRACTOR fails to correct the problem, the City reserves the right to correct the situation by whatever means are in the best interest of the City, with City personnel or by separate contract, and the cost of such actions will be deducted from the CONTRACTOR’s monthly invoice. SITUATION DEDUCT AMOUNT Failure to correct deficiencies within the allowed time $100 per day Failure to start “extra work” within the allowed time or on the day agreed or withdrawing from the job before completion without authorization from the City. $50 per site per day Failure to start and satisfactorily complete routine work within the scheduling requirements $25 per site per day Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 19 of 121 Failure to submit schedules and work plans within the allotted day/time required. $25 per site per day Failure to wear a uniform bearing CONTRACTOR’s name and bear individual photo ID $25 per occurrence Failure to report irrigation issues on weekly reports $25 per site per day Failure to report incidents and vandalism $25 per site per day Improper pruning of trees $50 per tree Improper pruning of shrubs $25 per shrub 3.17 HOLIDAYS: The following is a list of City holidays on which service will not be performed, except for litter control services: 1. New Year's Day – January 1 2. Martin Luther King, Jr./Civil Rights Day – Third Monday in January 3. Presidents' Day – Third Monday in February 4. Memorial Day – Last Monday in May 5. Juneteenth Day – June 19 6. Independence Day – July 4 7. Labor Day – First Monday in September 8. Veterans' Day – November 11 9. Thanksgiving Day – Fourth Thursday in November 10. Day after Thanksgiving – Following Friday after Thanksgiving 11. Christmas Day – December 25 When a holiday named herein falls on Sunday, it shall be observed on the following Monday, and when it falls on Saturday, it shall be observed on the preceding Friday. During the week of a holiday, the CONTRACTOR shall adjust the weekly schedule to return to the regular weekly schedule the following week. 4. CONTRACTOR COMMUNICATIONS / EMPLOYEES: 4.1 LOCAL OFFICE. During this Agreement, the CONTRACTOR must maintain a local office with an authorized managing agent available during business hours (Monday to Friday, 6:00 am to 5:00 pm). The office can include an answering machine, fax, and mobile phone. The managing agent will be the primary contact for the Contract Administrator/designee and must return City calls within 2 hours. 4.2 FIELD SUPERVISOR. The CONTRACTOR shall furnish one qualified Field Supervisor who speaks, reads, and writes English fluently and is available during working hours to address problems, perform field inspections, perform drive-throughs, and for other coordination with the Contract Administrator/designee. THE CONTRACTOR’S FIELD SUPERVISOR SHALL SUPERVISE ONLY ONE CONTRACT UNLESS APPROVED BY THE CONTRACT ADMINISTRATOR/DESIGNEE. This person shall not have any additional labor duties other than incidentals nor function as a crew leader or foreman. The Field Supervisor shall have separate transportation to move independently between locations. CONTRACTOR’s Field Supervisor shall have a cell phone to enhance communication between the City and the CONTRACTOR's field representative. All crews should be equipped with cellular phones and the CONTRACTOR shall be responsible for payment of all charges relating to its Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 20 of 121 use. All communication equipment shall be kept on during business hours and in proper working condition. The Contract Administrator/designee has the right to review the qualifications of the field supervisor. If the City does not feel the supervisor is qualified, the CONTRACTOR shall remove him/her from that position. The CONTRACTOR will be provided an alternate contact when the Field Supervisor is not available. 4.3 KEY PERSONNEL. The CONTRACTOR must provide adequate experienced personnel who will ensure the successful accomplishment of the work to be performed under this Agreement. The CONTRACTOR shall assign specific individuals to the key positions. The CONTRACTOR agrees that key personnel assigned to work under this Agreement shall not be removed or replaced without written notice to the Contract Administrator/designee. If key personnel are unavailable for more than 30 days or provide less effort than expected, the CONTRACTOR must promptly inform the Contract Administrator/designee and, with their approval, replace them with equally qualified personnel. Only authorized CONTRACTOR employees are allowed in the work area. The CONTRACTOR employees are not to be accompanied in the work area by acquaintances, family members, or any other person unless said person is an authorized CONTRACTOR employee. The CONTRACTOR shall be required to sign for each key issued to them. If the CONTRACTOR or CONTRACTOR’s employees lose a key, they will be required to pay for the cost of having duplicates made. If a breach of security results from the loss of keys, requiring that locks be changed or re-keyed, an additional charge per lock will be made. These charges will be deducted from monthly payments made to the CONTRACTOR. 4.4 MINIMUM REQUIREMENTS - CONTRACTOR’S PERSONNEL. The CONTRACTOR shall describe in detail the personnel requirements necessary to complete the work listed herein and shall provide the Contract Administrator/designee AND Purchasing Division with a current list of employees assigned to this City contract. The list must include full names, driver’s license number with expiration date, job title, and, where applicable, certified pesticide applicator’s license number and expiration date or any other pertinent or required certification or registration. The list shall be kept current at all times. All company officers and employees working on this contract must be listed with current certified background check documentation, which shall be provided as requested by the Contract Administrator/designee. 4.5 IDENTIFICATION. CONTRACTOR's employees must wear clean uniforms with the company name/logo and, if they interact with the public, an individual ID like a nametag. New employees must be in uniform within ten working days. All employees should act professionally and courteously. 4.6 DRIVER’S LICENSE. Employees driving CONTRACTOR's vehicles shall possess and carry a valid Vehicle Operator's license issued by the State of Arizona at all times. Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 21 of 121 4.7 CONDUCT OF PERSONNEL. The CONTRACTOR's employees, officers, and Subcontractors shall not identify themselves as City employees. Employees shall conduct themselves in a manner that avoids embarrassment to the City and is courteous to the public. 4.8 CONTRACTOR'S EQUIPMENT. CONTRACTOR must provide and maintain adequate equipment to perform the work outlined in this Agreement and list all equipment on Exhibit F. Vehicles must be kept in good repair, appearance, and sanitary condition, with the City reserving the right to inspect them at any time. The CONTRACTOR must provide the Contract Administrator/designee with a list of all equipment used, including any updates or changes, which must be approved in advance by the Contract Administrator/designee. 4.8.1 EQUIPMENT IDENTIFICATION. All vehicles used by the CONTRACTOR must be clearly identified with the company's name and the local office's phone number on each side of the equipment, including personnel transportation vehicles. The letters shall be of such size that they are distinguishable from a reasonable distance. 4.9 LICENSE REQUIREMENTS. The CONTRACTOR must be a licensed landscape CONTRACTOR with the Arizona Registrar of Contractors and have a qualifying party license with the Office of Pest Management for pesticide and herbicide applications at the time of submittal. All chemical applications must be performed by certified applicators. The CITY reserves the right to review any deviations from these requirements. 5. COMMUNICATIONS AND EMERGENCY RESPONSE. The CONTRACTOR must maintain a single telephone number for 24/7 contact, with a responsible employee available for inquiries and complaints at all times. Outside normal business hours (6:00 AM to 5:00 PM), an answering service is acceptable, provided the CONTRACTOR returns the City's call within one hour. In urgent situations requiring immediate action to prevent injury, death, or property damage, the City may use alternate workforces after attempting to notify the CONTRACTOR. Costs incurred may be charged to the CONTRACTOR or deducted from payments due. Complaints must be addressed within 24 hours of notification to the satisfaction of the Contract Administrator/designee. If not resolved within this timeframe, the CONTRACTOR must notify the Contract Administrator/designee with an explanation and follow up with a written report within five working days. Failure to resolve complaints may result in the City correcting the issue and deducting the cost from payments to the CONTRACTOR. The CONTRACTOR must keep a written log of all communications, including dates, times, and actions taken, which must be available for inspection by the Contract Administrator/designee. 6. SAFETY. The CONTRACTOR agrees to perform all work safely, adhering to accepted standards and protecting all individuals from injury or property damage. The CONTRACTOR is responsible for complying with all relevant City, County, State, and Federal regulations and maintaining and inspecting equipment, materials, and sites. The CONTRACTOR must conduct weekly inspections of parks and other sites for potential hazards, keeping a log of inspection dates and actions taken. Any unsafe conditions or Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 22 of 121 practices must be immediately reported to the Contract Administrator/designee, and major corrections must be addressed promptly. Minor corrections, such as filling holes or using barricades, are the CONTRACTOR's responsibility. In case of accidents or emergencies on the premises, the CONTRACTOR must notify the Contract Administrator/designee immediately and, if requested, provide a written report within three days. The CONTRACTOR must fully cooperate with the City in investigating such occurrences. SECTION II – PARKS & FACILITIES - TECHNICAL SPECIFICATIONS 1. GENERAL LANDSCAPE MAINTENANCE REQUIREMENTS. All maintenance functions shall be performed in accordance with the following specifications and at the indicated frequencies. The City shall have the right to determine scheduled days and the extent and frequency of additional “as needed” services. Standards and frequencies may occasionally be modified as the City deems it necessary to maintain the facilities properly. It is expected that each park site, aquatic center, Paseo Trail, and Arizona Avenue be inspected by the supervisor a minimum of one time per week and at least once every two weeks for non-park sites unless directed otherwise. The maintenance performed by the CONTRACTOR includes the entire site, trees, and shrubs in the turf and granite areas, around buildings, sidewalks, and parking lots. CENTER FOR THE ARTS • Service trash Monday- Friday (5x a week). The CONTRACTOR shall supply their own trash liners and bags as needed. Trash liners shall be replaced if more than 1/2 full. • Maintenance shall include all granite, turf, and hardscape areas. • For Tree and Shrub maintenance, see section 2.5. • Remove tree suckers weekly. • Remove any dead plant material. • Cap/Plug emitters where no plant/tree material is present. • CONTRACTORS are responsible for replacing valve box lids and emitter lids. The City will provide the lids. • Blow parking lot (1x a week) • Blow building entrance (2x a week) • Power-wash the entrance and surrounding building sidewalks (2x a month; provide a schedule). Use a scrubbing brush when directed by the Contract Administrator/designee. • Power-wash or hand-clean the trashcan lids (1x a week) • Leaves, ground trash, and any debris cleanup weekly throughout the site (2x a week) • Pre-emergent treatment every six months in decomposed granite areas (provide a schedule) • Post-emergent treatment as needed or requested throughout the year to keep the site free of weeds • Rake the decomposed granite (1x a month during the first week of maintenance) • Blow (Sweep on Issued Ozone High Pollution Days) sidewalks and walkways to keep them free of debris throughout the site limits (2x a week). Do not blow debris toward residential or business walls. Blow away from them. • Remove any graffiti Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 23 of 121 • Report any damage, vandalism, or safety concerns throughout the park site (Irrigation, lights, tables, playground, sidewalk, etc.) • The CONTRACTOR shall be responsible for controlling all insects, diseases, rodents, wasps, and other pests. PARK SITES, PASEO TRAIL, FOLLEY PARK, AND ARIZONA AVE. • Service trash on Monday, Wednesday, and Friday (3x a week). The CONTRACTOR shall supply their own trash liners and bags as needed. Trash liners shall be replaced if more than 1/2 full. • Maintenance shall include all granite, turf, playground, and hardscape areas. • Landscape service (2x a week) • For Tree and Shrub maintenance, see section 2.1. • Remove tree suckers weekly. • Remove any dead plant material. • Cap/Plug emitters where no plant/tree material is present. • CONTRACTORS are responsible for replacing valve box lids and emitter lids. The City will provide the lids. • Blow the parking lot (1x a week) • Trashcans, ground trash, leaves, and any debris cleanup throughout the site (3x a week). • Pre-emergent treatment every six months in the decomposed granite areas. (provide a schedule)_ • Post-emergent treatment as needed or requested throughout the year to keep the site free of weeds. • Power-wash the tables, benches, and concrete underneath (2x a month; provide a schedule). Use a scrubbing brush when directed by the Contract Administrator/designee. • Power-wash or hand-clean the trashcan lids (1x a week) • Power-wash the playground equipment, use an approved disinfectant, and scrub any marks or spills on the equipment (1x a month; provide a schedule) • Rake and level wood chips at the playgrounds (3x a week) • Inspect the playground equipment every two weeks and fill out an inspection form (2x a month) • Rake the decomposed granite (1x a month during the first week of maintenance) • Till the sand volleyball courts 1x a quarter • Clean BBQ grills and keep them free of debris, grease, and ashes (1x a week) • Clean and scrub drinking fountain (2x a week) • Blow (Sweep on Issued Ozone High Pollution Days) sidewalks, walkways, and sports courts to keep them free of debris throughout the site limits (3x a week). Do not blow debris toward residential or business walls. Blow away from them. • Remove any graffiti. • Report any damage, vandalism, or safety concerns throughout the park site (Irrigation, lights, tables, playground, sidewalk, etc.) • For field preparation at Folley Park, drag the four fields (3x a week) on Monday, Wednesday, and Friday. On Fridays, the CONTRACTOR will chalk the infield, paint the outfield turf lines, and put up “Field Closed” signs. Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 24 of 121 • The CONTRACTOR shall be responsible for controlling all insects, diseases, rodents, wasps, and other pests. AQUATIC CENTERS • Service trash (1x a week). The CONTRACTOR shall supply their own trash liners and bags as needed. Trash liners shall be replaced if more than 1/2 full. • Maintenance shall include all granite, turf, and hardscape areas. • Landscape service (1x a week) • For Tree and Shrub maintenance, see section 2.1. • Remove tree suckers weekly. • Remove any dead plant material. • Cap/Plug emitters where no plant/tree material is present. • CONTRACTORS are responsible for replacing valve box lids and emitter lids. The City will provide the lids. • Blow the parking lot (1x a week) • Trashcans, ground trash, leaves, and any debris cleanup throughout the site (1x a week). • Pre-emergent treatment every six months in the decomposed granite areas. (provide a schedule)_ • Post-emergent treatment as needed or requested throughout the year to keep the site free of weeds. • Power-wash the tables, benches, and concrete underneath (2x a month; provide a schedule). Use a scrubbing brush when directed by the Contract Administrator/designee. • Power-wash or hand-clean the trashcan lids (1x a week) • Rake the decomposed granite (1x a month during the first week of maintenance) • Clean BBQ grills and keep free of debris, grease, and ashes (1x a week) • Clean and scrub drinking fountain (1x a week) • Blow (Sweep on Issued Ozone High Pollution Days) sidewalks, walkways, and sports courts to keep them free of debris throughout the site limits (1x a week). Do not blow debris toward the pool, residential, or business walls. Blow away from them. • Remove any graffiti. • Report any damage, vandalism, or safety concerns throughout the park site (Irrigation, lights, tables, playground, sidewalk, etc.) • The CONTRACTOR shall be responsible for controlling all insects, diseases, rodents, wasps, and other pests. FIRE STATIONS, POLICE, ASHLEY TRAIL, CANALS, DOWNTOWN AREA, AND RIGHT OF WAYS • Service trash (2x a month). The CONTRACTOR shall supply their own trash liners and bags as needed. Trash liners shall be replaced if more than 1/2 full. • Maintenance shall include all granite, turf, and hardscape areas. • Landscape service (2x a month) Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 25 of 121 • Basha Canal and Commonwealth Canal bottoms and sides shall be cleaned (1x a year) to remove all debris. • The Vacant Lot East of the Police Evidence Facility and the Vacant Armstrong Lot must be maintained (4x a year) in January, April, July, and October. Everything stated in this section applies to the maintenance levels expected at these sites. • For Tree and Shrub maintenance, see section 2.1. • Remove tree suckers weekly. • Remove any dead plant material. • Cap/Plug emitters where no plant/tree material is present. • CONTRACTORS are responsible for replacing valve box lids and emitter lids. The City will provide the lids. • Blow the parking lot (2x a month) • Trashcans, ground trash, leaves, and any debris cleanup throughout the site (2x a month). • Pre-emergent treatment every six months in the decomposed granite areas. (provide a schedule) • Post-emergent treatment as needed or requested throughout the year to keep the site free of weeds. • Power-wash the tables, benches, and concrete underneath (2x a month; provide a schedule). Use a scrubbing brush when directed by the Contract Administrator/designee. • Power-wash or hand-clean the trashcan lids (2x a month) • Rake the decomposed granite (1x a month during the first week of maintenance) • Clean BBQ grills and keep free of debris, grease, and ashes (2x a month) • Clean and scrub drinking fountain (2x a month) • Blow (Sweep on Issued Ozone High Pollution Days) sidewalks, walkways, and sports courts to keep them free of debris throughout the site limits (2x a month). Do not blow debris toward residential or business walls. Blow away from them. • Remove any graffiti. • Report any damage, vandalism, or safety concerns throughout the park site (Irrigation, lights, tables, playground, sidewalk, etc.) • The CONTRACTOR shall be responsible for controlling all insects, diseases, rodents, wasps, and other pests. 2. SPECIFIC LANDSCAPE MAINTENANCE REQUIREMENTS. The specifications listed below are the minimum requirements and are intended to govern, in general, the requirements desired. The City reserves the right to evaluate variations from these specifications. 2.1 Downtown Area and Arizona Avenue. General. The Downtown area shall be serviced (2) times a month. See section Two for more details. Arizona Avenue from Frye Road to Pecos Road shall be serviced (3) times a week. See section Two for more details. The CONTRACTOR shall power wash hardscape (sidewalks) within the Arizona Avenue ROW from Frye Road to Pecos Road eight (8) times per year, as directed by the Contract Administrator/designee. The scope of work includes all flat work, sidewalks, trash receptacles, cans, planters, and benches. The schedule for power washing shall be done during the night and be included in the Annual Calendar submitted by the CONTRACTOR. Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 26 of 121 The CONTRACTOR shall provide portable power washing equipment capable of generating 3,500 psi of water pressure to clean the downtown area. The CONTRACTOR shall take measures to prevent water encroachment into businesses, buildings, and structures. All pedestrian hardscape areas, including but not limited to sidewalks, plazas, pedestrian street crossings, etc., shall be blown once a week. All site amenities, including but not limited to benches, bicycle racks, and trash receptacles, shall be completely wiped clean with a germicidal cleaner weekly. CONTRACTOR shall maintain tree wells in paved areas, consisting of decomposed granite, so there is no greater than one-half inch (½”) differential between the tree well and the sidewalk. 2.2 Canals. General. This contract maintains two canals. The Basha Goodyear Canal and the Commonwealth Canal. The CONTRACTOR will be responsible for cleaning the canals one time a year. The cleaning shall occur in the winter months or when directed by the Contract Administrator/designee. The CONTRACTOR will clean the sides and the bottoms of the canals, removing all grass, shrubs, silt, rock, etc., and it will be the CONTRACTOR's responsibility to remove the waste offsite at no additional cost to the City. The City will coordinate the water shut-off with the water groups to assist the CONTRACTOR with the yearly cleaning schedule. 2.3 Mesquite Groves Aquatic Center. The entire desert landscape surrounding the aquatic site will be cleaned annually between February and March. The cleaning shall consist of removing dead debris, volunteer vegetation, and weeds, cutting back any plant material within three feet of the pool fence, and light trimming of the trees. The trash in these areas shall be picked up weekly. 2.4 Athletic Fields Maintenance (Applies only to Folley Park). General. Hand rake loose material into worn or low areas and smooth (batter’s box, base paths, etc.). Using in-ground irrigation heads, water infields sufficiently to obtain proper moisture levels for dragging and prevent the infield mix from getting too dry. Screen drag each skinned infield area utilizing a utility cart, field groomer, or similar light-duty maintenance vehicle. Dragging should be performed in a circular pattern of increasing radius until the field has been completely groomed. Dragging should only be completed to a distance of 18” from adjacent turf. After dragging, no material shall be pulled into the turf; it should be removed with a rake and scoop and disposed of. Level the grade of the infield mix along fence line areas. The drag should have a leveling bar to prevent a waving pattern. Apply chalk lines on all skinned infields in a clean, straight, uniform, professional manner utilizing a guideline anchored at each of the two bases between which the line is to be formed. Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 27 of 121 Apply batter’s box outlines utilizing forms provided by CITY. Paint foul lines on all turf outfields utilizing appropriate paint materials manufactured for that purpose. Lines shall be straight, uniform, and of a professional appearance. The CONTRACTOR shall conduct a visual check of irrigation in the infield and in the outfield turf to ensure that irrigation heads are retracted and are at the proper grade to avoid injury to players who may fall on them and that no “slippery” areas exist. Skinned Infields. • Infields have a uniform surface that is free of lips, holes, and trip hazards. • Infields are free of weeds, grass, and pests. • Infields are free of rocks, dirt clods, and debris. • Low areas and/or holes will be located and filled. Dugouts, Benches, Bleachers, Shade Covers, and Backstops. • Dugouts, benches, bleachers, shade covers, and backstops are clean and free of litter and graffiti. • Bench and bleacher seating are clean, smooth, and free of sharp edges or protrusions. • Bleacher areas have clean trash receptacles present and are in good condition. 2.5 TREE AND SHRUB MAINTENANCE. BACKGROUND The City of Chandler is seeking landscape and other contractual services for our Parks Maintenance and Operations Division (Parks). Any work performed in these City-maintained areas has been identified as requiring special attention in order to maintain the aesthetics and functionality of their desired intent. The staff and crew assigned to manage the landscape or other contracted services in Chandler are expected to be knowledgeable and well-trained in horticultural practices or tasks being assigned, as expectations are high. These are not areas conducive to training new staff on industry basics. The CONTRACTOR is to furnish all supervision, labor, material, equipment, tools, chemicals, transportation, and all effort necessary to maintain the City’s parks and public properties in accordance with the City’s goals. The following pages are specifications for the work being completed as part of the contract. Any work completed that is not to these specifications will require corrective actions to meet the standards set forth. HORTICULTURAL STANDARDS and SPECIFICATIONS All horticultural activities shall follow the applicable American National Standards Institute (ANSI) A-300 standards, Arizona Landscape Contractor’s Association (ALCA) Sustainable Landscape Management (SLM) practices, Arizona Nursery Association (AZNA), and the International Society of Arboriculture (ISA) guidelines. Chandler’s handbook on Crime Prevention Through Environmental Design (CPTED) details considerations for landscaping that will be required: https://chandlerazpd.gov/c-p-t-e-d/. CPTED principles are based on anticipating the thought processes of a potential offender and Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 28 of 121 creating an environment that discourages follow-through. CPTED has the added advantage of creating a sense of security and well-being among employees and customers. Examples include selective pruning of shrubs to open the view of potential hiding spots within shrub hedges or deterring access to specific areas. In addition, there may be specific areas that require specialized care. All provisions of the Horticultural Standards and Specifications scope of work shall remain in effect and apply to each Park property. Where conflicts in scope exist, the specific scope of work for each Park property shall be discussed with the Contract Administrator/designee. The CONTRACTOR will be responsible for any traffic control that may be necessary for landscape maintenance of any kind. The CONTRACTOR shall comply with all provisions for traffic control, barricading, and signing during maintenance procedures as per the current edition of the Manual on Uniform Traffic Control Devices (MUTCD) adopted by the Arizona Department of Transportation (ADOT) and contact the City of Chandler Transportation Division to submit any required Traffic Control Plans at 480-782-3440. SHRUBS and GROUND COVER The City of Chandler’s landscape maintenance goal is for a clean, natural look. The goal is for a clean, tidy, and maintained yet natural environment where the individual plant can grow to reach its mature size and shape. Most plants that are left alone usually require little pruning. The City of Chandler expects landscaping to be maintained with selective pruning to remove unwanted growth and to keep the material healthy. There should be no formal shaping or sculpting of the plant material. We recommend trimming individual plants back as needed at a specific time of year in order to retain the natural characteristics of each plant with selective pruning per the guidelines of SLM. The timing of shrub and groundcover pruning shall follow ALCA’s most up-to-date Plant Pruning Schedule. Plants shall be selectively pruned any time of year when a conflict arises, such as: • Anything determined to be a safety hazard • Any vegetation impeding roadways, sidewalks, or any pedestrian or vehicle path • Any vegetation impeding private property as requested by residents or City staff • Blocking vehicular lines of sight, traffic signs or signals, or park lighting • CPTED-related concerns • Removal of dead, diseased, or broken material • Removal of whole plants of undesirable volunteer species such as desert broom or salt cedar All plant materials are to be free of litter, debris, volunteer plants, and weeds. When the live plants continually interfere with traffic sight lines, roads, and sidewalks, they should be removed with approval from the Contract Administrator/designee. Any bubble or drip emitter for a removed plant that will not be replaced or has died shall be capped. Plants that have died during the time frame of this contract due to neglect, excessive trimming, incorrect pruning, or irrigation mismanagement will be replaced at no cost to the City and will be considered routine work. Replacement plants shall be the same size and type as the plant that was damaged or died. TREES This section is intended to provide more detail about the arbor care standards within the City of Chandler and is included as routine work within the contract. All arbor care activities shall follow the applicable guidelines identified in the horticultural standards. Routine work within this contract includes everything up to 15 feet in height and 4 inches or less in limb diameter. Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 29 of 121 Any work above 15 feet will be completed at the agreed-upon extra work rate. The CONTRACTOR shall employ at least one ISA Certified Arborist or someone with equivalent technical knowledge and experience to oversee tree maintenance. All staff that perform pruning of living tree tissue must have been trained by the CONTRACTOR’S arborist. The Contract Administrator/designee or their designee reserves the right to hold training with staff assigned to this contract who perform pruning. The CONTRACTOR’S Certified Arborist will be available via cellular phone or email, Monday through Friday, 6:00 a.m. – 3:00 p.m., to address tree-related problems and field inspections. If an arborist is not available for work under this contract for a continuous period exceeding 15 calendar days or is expected to devote substantially less effort to the work than initially anticipated, the CONTRACTOR shall immediately notify the Contract Administrator/designee. The CONTRACTOR shall replace the arborist with personnel of equal ability and qualifications within 15 calendar days of the written notice to the Contract Administrator/designee. Any tree or parts blocking roadways, on sidewalks, in parking lots, or broken branches hanging from the tree shall be promptly removed upon receipt of the Contract Administrator/designee emergency notification to the CONTRACTOR. The CONTRACTOR is required to respond to emergency requests within one hour of contact. Storm cleanup may occur on weekends or after work hours, and the CONTRACTOR must have staff available to respond to such emergencies. Emergency calls will be paid at the price agreed upon by an extra work authorization. Emergency Response items shall be reported daily, whether complete or not. As part of routine work, pruning of trees shall follow three main objectives: • Mitigate risk - prune to lower the likelihood of tree, branch, and/or other tree part failure and impact to targets. This includes: o Crown cleaning or pruning of any dead, damaged, or diseased limbs or branches, detached or not, which shall be removed as needed. Damage done to plant material due to frost or freezing shall be removed as soon as the threat of frost is done without the threat of further damage occurring. o Reduce or remove branches (living and dead) and/or other parts that pose an unacceptable risk of failure. Do not remove more than 20-25% of the total living tree canopy. Removal only of 1st order branches to prevent lions-tailing, cuts of living tissue to be kept to 4” diameter or smaller to prevent large wounds on mature trees. o When performing reduction pruning, reduce the length of branches or leaders to reduce load. Do not remove more than 20-25% of the foliage of a single branch. • Provide clearance - prune to prevent interference with infrastructure, buildings, traffic, lines- of-sight, or other plants; raise crowns. This includes: o Raise crowns to comply with Park’s guidelines to maintain tree limbs to a height of 8’ over pedestrian use areas and 14’ over vehicle use areas such as roadways and parking lots. o When raising crowns, keep 2/3 of the pruned tree as canopy and lower 1/3 of the tree as open trunk during clearance prunes. • Manage health - prune to improve or maintain plant health or control pests. This includes: o Remove dead, dying, or diseased branches, crossing or crowded branches, weakened, broken, or hanging branches, and storm-damaged branches while preventing the spread of pests or disease from tree to tree. Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 30 of 121 o Prune for structure by selecting a central leader and creating desired branch aspect ratios. This includes properly pruning young trees during the appropriate season for the species. o Remove tree and stump suckers. Trees shall only be pruned for an acceptable reason. Industry best management practices shall be followed at all times, and the CONTRACTOR will not perform the following: • Leave branch stubs • Make unnecessary heading cuts • Cut off the branch collar (do not make a flush cut) • Top or lion’s tail trees (stripping a branch from the inside, leaving foliage just at the ends) • Remove more than 20-25% of the foliage of a single branch • Remove more than 20-25% of the total tree foliage in a single year • Damage other parts of the tree during pruning • Prune without a good reason • Climb the tree with climbing spikes • Use of hedgers on any tree pruning Whenever a tree dies or is damaged as a result of storm, environmental reasons, age, uncontrollable pest infestation, disease, or vandalism, the CONTRACTOR shall remove the tree and document it. All trees 2 inches in diameter or less are considered routine and part of this contract for removal by the CONTRACTOR. All tree removals greater than 2 inches in diameter shall be approved by the City, in writing, before the CONTRACTOR begins any work at the agreed-upon extra work pricing. The CONTRACTOR shall submit a report to include specific location, date, and time on all areas where landscape plant material has been removed. The CONTRACTOR, through an incident report, shall document storm damage and vandalism. If the tree dies as a result of neglect or poor management, the CONTRACTOR shall supply all labor, materials, equipment, and a like-sized species with the nearest size of nursery stock available at no cost to the City. PALMS The CONTRACTOR shall be responsible for the yearly pruning of any palm species within a contracted property. Palm trees shall be pruned annually, removing the inflorescences before fruit develops and dead or damaged fronds, beginning in June. Palm pruning is to be completed by August 15 of each year to prevent fruit drop-creating debris in the landscape. Any palms that are not located within a contracted property may be pruned at the agreed-upon extra work Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 31 of 121 pricing sheet. Do not prune up beyond the horizontal, or 9 – 3 position of hands on a clock, since this leads to bud damage, disease, or pencil pointing of the trunk. Shaving or skinning trunks is unnecessary and not within the routine contract scope unless determined by the Contract Administrator/designee at an extra work rate. If palms are pruned too early in the season and does not completely remove the inflorescence, any fruit that is produced after pruning will require the CONTRACTOR to return to remove at no cost to the City. The use of a bucket truck, static method climbing, aerial lift device and/or ladders shall be the permissible methods to access the tree’s crown. Climbing with spikes shall not be considered acceptable unless no other method can be utilized and approved by the Contract Administrator/designee. EXTRA WORK SPECIFICATIONS FOR TREES AND SHRUBS INSTALLATION OF TREES The Contract Administrator/designee has the right to select a species best suited to the planting location(s). When purchasing new trees, the CONTRACTOR shall notify the Contract Administrator/designee and accommodate the Contract Administrator/designee’s schedule to allow hand selection of nursery stock. If the Contract Administrator/designee waives their right to hand select nursery stock, the CONTRACTOR shall select trees of the specified species that meet AZNA standards and that are free of girdling roots, co-dominate trunks, unusual bends in the trunk, and the trunk flare must be visible. The CONTRACTOR will provide an ISA Certified Arborist to provide quality control of planting. The Contract Administrator/designee may require a planting demonstration with the CONTRACTOR to ensure trees are properly installed. Utility location services (Blue Stake) should be performed before any planting operations. Avoid conflicts with underground irrigation systems that were not located by the blue stake. Trees shall have a minimum of a one (1) year warranty. Any trees that have died during the warranty period will be replaced at no cost to the City by the CONTRACTOR. All tree plantings shall follow the techniques outlined below. 1. The planting hole should be two (2) to five (5) times the width of the root ball at the soil surface, sloping down to about the width of the root ball at the base. 2. The planting hole should never be deeper than the distance from the root flare to the bottom of the root ball at the finished soil grade. The root flare can be slightly above the soil surface to account for the settling of soil. 3. No soil amendments or fertilizer tabs are needed for planting unless deemed necessary. Do not add soft fill to the bottom of the hole, as the root ball will settle, resulting in excessive planting depth. Gravel should also not be used in the planting hole to aid in drainage. 4. The tree shall be handled only by the root ball and not the trunk. 5. Burlap, wire baskets, plastic containers, wooden boxes, and any other type of root ball holding container shall be completely removed at planting. 6. Inspect the root ball for any circling or girdling roots. Always score the root ball to disturb the surface and to cut any circling roots. This encourages roots to grow into the surrounding soil. 7. Backfilling should use the existing soil, working it around the ball while adding water to prevent large air pockets. Slightly tamp soil and water thoroughly and slowly after backfilling. Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 32 of 121 8. Planting price shall include the cost of mulching around the tree that shall extend to at least three (3) feet from the trunk or to the drip line of the canopy and be between two to four inches in depth. Where applicable or as directed by the Contract Administrator/designee, the preferred mulch shall be organic, such as compost, wood chips, or bark chips. Soil and roots are to be covered with some kind of mulch and not be bare. Do not let the mulch touch the trunk or stems, keeping it 2 to 3 inches away 9. Always remove the nursery stake. The nursery stake is attached directly to the main leader of the tree and is to be removed at the time of planting. 10. Staking with lodge poles as needed and included in pricing. If a tree can stand upright without support at the time of planting, tree stakes should not be necessary unless used for protection purposes such as vandalism, vehicles, or equipment. 11. Use smooth and broad material to fasten the trunk to the stakes so it does not harm the bark. Elastic webbing, flexible tubing, and polypropylene straps are acceptable materials. Wire, rope, and string attached directly to the tree are not appropriate materials. 12. Do prune the tree except to remove dead, diseased, or broken limbs. 13. The City is to verify the connection to irrigation and availability for installations. The CONTRACTOR will be responsible for irrigation materials past the emitter head and setting up the appropriate arrangements to irrigate the tree. Water newly planted trees thoroughly. 14. The CONTRACTOR may submit a preferred watering schedule during the warranty period if it is different from the City’s. INSTALLATION OF SHRUBS The Contract Administrator/designee has the right to select a species best suited to the planting location(s). When purchasing new shrubs (including succulents, groundcover, cacti, vines, etc.), the CONTRACTOR shall notify the Contract Administrator/designee and accommodate the Contract Administrator/designee’s schedule to allow hand selection of nursery stock. If the Contract Administrator/designee waives their right to hand select nursery stock, the CONTRACTOR shall select shrubs of the specified species that are the appropriate size for the container, healthy, and free of visible defects. Utility location services (Blue Stake) should be performed before any planting operations. Avoid conflicts with underground irrigation systems that were not located by the blue stake. Shrubs shall have a minimum of a ninety (90) day warranty. Any shrubs that have died during the warranty period will be replaced at no cost to the City by the CONTRACTOR. 1. The planting hole should be two (2) to five (5) times the width of the root ball at the soil surface, sloping down to about the width of the root ball at the base. 2. The planting hole should never be deeper than the distance from the root flare to the bottom of the root ball at the finished soil grade. The root flare can be slightly above the soil surface to account for the settling of soil. 3. Remove the shrub from the container and place it gently into the planting hole. 4. Backfilling should use the existing soil, working it around the ball while adding water to prevent large pockets of air. Slightly tamp soil and water thoroughly and slowly after backfilling. 5. Top dress with existing mulch in the landscape (DG, woody, etc.) to cover the planting area. Do not let the mulch touch the trunk or stems, keeping it 2 to 3 inches away 6. The City is to verify the connection to irrigation and availability for installations. The Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 33 of 121 CONTRACTOR will be responsible for irrigation materials past the emitter head and setting up the appropriate arrangement to irrigate the shrub. Water newly planted shrubs thoroughly. The CONTRACTOR may submit a preferred watering schedule during the warranty period if it is different from the City’s 2.6 Irrigation. General. The CONTRACTOR shall be responsible for ensuring that all plant/tree materials within agreement boundaries or under CONTRACTOR's care at other locations owned by the City receive the proper amount of water to maintain health and vigor. If special watering is needed for any area, it is the CONTRACTOR's responsibility to bring it to the Contract Administrator/designee’s attention in the weekly inspection reports. Plant/tree materials that are damaged due to lack of water or over-watering when under the CONTRACTOR’s control shall be replaced or returned to health at the CONTRACTOR's expense and at no cost to the City. The City will program irrigation controllers; for any additional scheduling or re-programing required by the CONTRACTOR, contact the Contract Administrator/designee with a minimum of a week's notice to perform modifications or changes in operations. Within four (4) weeks of the contract beginning, the CONTRACTOR shall submit an inventory of all irrigation systems to the Contract Administrator/designee to ensure they are working properly. The list shall include any leaks, broken sprinklers, sprinklers needing to be adjusted, and unplugged emitters. 2.7 Litter Control. Parks require cleaning service (3) times a week and non-park sites once a week (unless noted differently). Cleaning shall include but is not limited to, removal of trash such as paper, cans, cigarette butts, dog waste, glass, dried or dead plants or parts of plants (leaves, fronds, small branches up 4” in diameter, etc.) accumulated in contracted areas as a result of littering, wind or rainstorms. The 30-gallon trash drums (in the parks) shall be emptied on the scheduled day the parks are scheduled for cleaning. The trash receptacle holders must be emptied and cleaned according to the park site's cleaning schedule. Plastic liners will be replaced with new liners after each trash removal. Dumpster areas are cleaned thoroughly on a monthly basis. There are 90-gallon roll-off trash cans at Folley Park that need to be emptied weekly. Trash cans need to be put in the northwest parking lot at Folley each Thursday so they can be emptied on Friday mornings by the City’s solid waste trash company. Trash cans need to be redistributed in the park each Friday after they have been emptied. The CONTRACTOR shall dispose of all materials collected in accordance with all City, County, State, and Federal laws and regulations. The CONTRACTOR shall not dispose of debris in on- site dumpsters. Debris shall be removed from the site, and the CONTRACTOR shall be solely responsible for any disposal fees (dumping charges). 2.8 Pest Management. The CONTRACTOR must take standard precautions to manage insects, pests, and diseases and is liable for damages from any procedure failure. They must get approval from the Contract Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 34 of 121 Administrator/designee for any chemicals used, and unauthorized use may lead to termination. The CONTRACTOR is responsible for any adverse effects from chemicals and must cover all related repair costs. Pest control methods, including gopher management, require prior written approval. The CONTRACTOR will supply all necessary chemicals, equipment, and labor, adhering to pesticide instructions and safety standards. Pesticides must be EPA-registered, and State Chemist- approved, with all chemicals and SDS sheets, kept accessible and a spray log maintained. Compliance with all relevant laws and regulations is mandatory, and the CONTRACTOR’s staff must be licensed and certified. The CITY may request additional pest control services at no extra cost, which will be completed within four working days of notification. Rodent control is part of this agreement, and measures must minimize risk to non-targeted animals and the public. Weed Control. Pre-emergent, post-emergent, and any other means of weed control shall be included in the Landscape Maintenance Pricing in Exhibit B. All sites are to be kept free from weeds. All areas consisting of river rock, pea gravel, decomposed granite, bare earth in planting areas, and hardscape areas shall always be free of grass and weeds. Any weed over 6” tall or more shall be manually removed. It shall be the CONTRACTOR's responsibility to ensure this is accomplished. Pre-emergent shall be applied two (2) times a year. Once in September and once in February. The CONTRACTOR has (1) month to complete the pre-emergent application. The CONTRACTOR will warranty each pre-emergent application for (6) months. Any weeds that appear within the 6-month warranty period shall be treated with post-emergent and removed by mechanical means (string trimmer or by hand). A schedule for the pre-emergent and any work done during the warranty period must be submitted to the Contract Administrator/designee the month before. • The CONTRACTOR shall apply herbicide per the manufacturer’s specifications. • The CONTRACTOR shall be responsible for all chemicals and/or other accepted weed control methods. • The CONTRACTOR shall achieve the manufacturer’s expected results when the herbicide is applied per the manufacturer’s instructions. • The Contract Administrator/designee must approve all herbicide chemicals before application. • The Contract Administrator/designee shall inspect all herbicide applications to determine their success. • All herbicide applications shall be visually identifiable via spray indicator dye. The dye will be used for pre-emergent and post-emergent applications. • The CONTRACTOR shall use a State of Arizona Commercial Licensed Herbicide Applicator. A copy of the license must be included with the response. • The CONTRACTOR shall have a State of Arizona—Registrar of CONTRACTORs Qualifying Party on staff. A copy of the QP license must be submitted with the response. • The CONTRACTOR shall provide the Safety Data Sheet (SDS). • Spray Logs must be submitted at the end of the work week after the herbicide has been applied. • The CONTRACTOR may not use Subcontractors under this agreement. Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 35 of 121 2.9 Vandalism and Graffiti. General. • Any graffiti or vandalism found will be reported to the City of Chandler Police Department at (480)-782-4130, and an incident report is to be filled out. Report damage to the Contract Administrator/designee. • Report any required repairs immediately upon discovery to the Contract Administrator/designee. Document and photograph damage as necessary. • The City of Chandler has a Graffiti Team that will remove any graffiti found. Contact the graffiti team at (480)-782-4322. Report graffiti to the Contract Administrator/designee. 2.10 Storm Cleanup. General. • After a storm event, the CONTRACTOR will inspect ALL SITES for damage and report it to the Contract Administrator/designee within 2 hours. • Forty-eight-hour clean-up response after notification of all storm-related activities jeopardizing public safety. Work includes clean-up of storm detention debris, hazardous tree and limb removal, and storm debris. • Inspect drain covers in granite, turf, and hardscape areas at least once monthly and immediately after flooding occurs. • Remove debris and organic materials from drain covers every month. • Inspect and clean drains before forecasted storms begin. • Invasive plant removal once a year or as needed. 2.11 MAINTENANCE TECHNICIANS-SPECIFICATIONS. The City requires multiple contracted maintenance technicians in accordance with the specifications listed below. The Maintenance Technician will work eight (8) hour days Monday through Friday as required by the City and will work under the general supervision of the Park Maintenance Supervisor and, in his absence, the City Senior Maintenance Techs. The CONTRACTOR must ensure that workers pass a criminal background investigation. Bidders shall include a list of relevant qualifications for each technician proposed, including any relevant professional licenses with their proposal. Bidders shall complete the attached price sheet and submit it with their proposal in order to be considered responsive. THE CITY WILL TEST EACH MAINTENANCE TECHNICIAN THE CONTRACTOR PROVIDES IN BASIC IRRIGATION REPAIR. The test will be over repairing sprinklers, valves, lateral lines, emitters, tracing wires, etc. This contract is not a place for training contractual staff and must bring valuable experience. The Contract Administrator/designee must approve all Maintenance Technicians before being assigned to this contract. The primary function of a Maintenance Technician is to assist the Park’s Staff with the maintenance and repair of irrigation systems, playgrounds, plumbing, park furniture, fencing, doors/gates, graffiti, signage, etc., at park facilities and grounds. The CONTRACTOR will supply each Maintenance Technician with the following: • Service Truck • Cordless Grinder (4.5” or 5”) • 18V Cordless Drill • Cordless Reciprocating Saw Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 36 of 121 • Batteries and charger • Pipe Wrenches (various sizes) • Ratchet and Socket Set (5/16” – 1”) • Wrenches (open/box end, 5/16” – 1”) • Screw Drivers • Hammers (Claw and 3 lb. sledge) • Shovels (spade, square, sharpshooter) • Channel lock wrenches (12”, 16” and 20.25”) • Basic electrical tools such as wire strippers, crimpers, cutters, etc. • General irrigation repair tools such as pipe cutter, hand saw, hand trowel, etc. The City will provide all materials/supplies necessary for repairs. Below is a list of essential functions that the Maintenance Technician may perform. Essential Functions are not intended to be an exhaustive list of all responsibilities, duties, and skills. They are intended to be accurate summaries of what is required to perform it. Although the Maintenance Technician should be a jack of all trades, please note that most work will be done on repairing irrigation systems in the park system. • Performs scheduled maintenance, repair, and installation work on irrigation and plumbing systems, including automated control systems, pumping stations, and computerized controllers and radios. • Check the Baseline System for alerts and irrigation issues. • May be responsible for checking for proper irrigation at sites weekly. • Responsible for checking for leaks, sprinkler coverage, plant/tree health, programming issues, or suggestions for plant/tree and turf health. • Maintains irrigation system by cleaning debris from tap boxes, ditches, and conduits; inspecting pipeline networks for leaks; lubricating pumps, gates, and valves. • Installs and repairs irrigation lines and valves by performing the following: digging trenches, laying new or replacing broken or defective pipes, sealing pipe joints, and installing gates and valves. • Locates troubleshoots, and repairs control wires, valves, and pipes using metal detectors, tracers, locators, and line identifiers. • Cleans underground irrigation lines; locates and removes blockages in lines to facilitate the flow of irrigation water. • Identifies, locates, and marks control wires and irrigation lines in accordance with "Arizona Blue Stake" requirements. • Identify shoring and barricading needs in the field and utility proper safety precautions related to work being performed. • Performs various tasks involving maintenance of plumbing systems; troubleshoots plumbing problems; repairs and replaces plumbing fixtures, including sinks, toilets, faucets, and pipes; clear obstructions from water and sewer lines. • Performs various tasks involving general park facility maintenance, remodeling, or construction projects; builds and frames walls, installs, patches, and finishes drywall; applies texture to walls; paints interior/exterior surfaces; installs, adjusts, and repairs doors and hardware, replaces windows, doors and glass panes; lubricates hardware. • Performs maintenance, repair, and construction work on concrete structures, including sidewalks, walkways, fountains, recreation courts, walls, and related areas; builds Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 37 of 121 concrete forms; pours/finishes concrete; and repairs surface cracks. • Performs graffiti removal. • Performs compliance inspections, testing, and repairs of playground equipment, athletic equipment, and general grounds. • Operates a variety of mechanical tools and equipment such as power saws, power sanders, drills, paint sprayers, welders, plumbing snakes, rodders, routers, grinders, electric generators, and sump pumps. • Performs general cleaning/maintenance tasks necessary to keep vehicles, equipment, and tools in operable condition, which may include inspecting equipment, checking fluid levels, replacing fluids, greasing equipment, replacing parts, washing/cleaning equipment, or cleaning shop/work areas; monitors equipment operations to maintain efficiency and safety. • Communicate with other City employees, vendors, management, and CONTRACTORs to determine the nature of the problem and the best repair method. • Performs general tasks in support of Department and City special events; sets up areas for events; lifts and moves equipment, furniture, and heavy materials; checks electrical outlets for power; loads, transports, and unloads equipment. • Performs all work duties and activities in accordance with City policies and procedures. • Works in a safe manner and reports unsafe activities, conditions, and faulty equipment. Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 38 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 39 of 121 EXHIBIT B – LANDSCAPE MAINTENANCE PRICING Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 40 of 121 EXHIBIT B – LANDSCAPE MAINTENANCE PRICING Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 41 of 121 EXHIBIT C – EXTRA WORK RATES (With prior written authorization from CITY) MAINTENANCE ACTIVITY RATES per HOUR,ETC. Power Washing park facilities/amenities (including spray equipment) $ /Hr. Emergency After Hours 3 Man Crew with Equipment (per man hour) $ /Hr. Weed control – non-turf (per acre/including materials) $ /acre Weed control – turf (per acre/including materials) $ /acre Certified Arborist / Tree Worker $ /Hr. Ballfield Prep (1) Field– Extra Work (wet, drag, chalk, and paint) $ /ea. General Labor $ /Hr. Irrigation Technician Labor $ /Hr. Irrigation Supplies (cost plus markup percentage) % Turf Aeration $ /acre Turf Mowing / Edge Trimming $ /acre Turf Fertilization $ /acre Turf Scalping $ /acre Turf Over Seeding $ /acre Landscape Trimming (extra work) $ /Hr. Pest Control (rodents and insects) $ /Hr. Landscape tractor with operator (blade/rake/gannon, etc.) $ /Hr. Crane with operator $ /Hr. Backhoe with operator $ /Hr. Bobcat (skid-steer) with operator $ /Hr. Granite Install (including material) Rock Size ¼” minus at 2” thick $ /acre Granite Install (including material) Rock Size 3/4” screened at 2” thick $ /acre Woody Mulch (per cubic yard) $ /yds Stump Removal (per diameter inch) $ /inch Tree Removal under 30” DBH $ /inch Tree Removal over 30” DBH $ /inch Tree Pruning (per DBH inch) $ /inch Tree Planting 15 gallons (per tree) Price includes material and labor $ /ea. Tree Planting 24-inch box (per tree) Price includes material and labor $ /ea. Tree Planting 36-inch box (per tree) Price includes material and labor $ /ea. Tree Planting 48-inch box (per tree) Price includes material and labor $ /ea. Shrub Planting 1 gallon (per plant) Price includes material and labor $ /ea. Shrub Planting 5 gallons (per plant) Price includes material and labor $ /ea. Shrub Planting 15 gallons (per plant) Price includes material and labor $ /ea. Saguaro Planting (per foot of height) Price includes material and labor $ /ft. Date Palm Planting (per foot of height) Price includes material and labor $ /ft. Palm Tree Skinning (per linear foot) $ /lft. Palm Tree Trimming with one (1) year growth Mexican Fan Palm $ /tree Date Palm $ /tree Queen Palm $ /tree The City will require multiple contracted Maintenance Technicians in this agreement. Description Quantity Monthly Price Per Technician Annual Price Per Technician Maintenance Technician in Accordance with Specifications 1 $ $ **NOTE – NO FUEL SURCHARGES WILL BE ACCEPTED ON ANY PORTION OF THE RESULTING CONTRACT. 8,840.00 106,080.00 50.00 170.00 245.00 225.00 95.00 76.00 40.00 60.00 15 80.00 80.00 230.00 160.00 1,525.00 40.00 45.00 85.00 450.00 150.00 85.00 65.00 11.00 44.00 125.00 395.00 800.00 2,350.00 12.00 45.00 95.00 215.00 285.00 22.50 75.00 95.00 35.00 41,905.00 31,840 12.00 26.00 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 42 of 121 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 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 43 of 121 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. Additional Policy Provisions Required. A. Self-Insured Retentions or Deductibles. Any self-insured retentions and deductibles must be declared and approved by the City. If not approved, the City may require that the insurer reduce or eliminate any deductible or self-insured retentions with respect to the City, its officers, officials, agents, employees, and volunteers. 1. The Contractor’s insurance must contain broad form contractual liability coverage. 2. The Contractor's insurance coverage must be primary insurance with respect to the City, its officers, officials, agents, and employees. Any insurance or self-insurance maintained by the City, its officers, officials, agents, and employees shall be in excess of the coverage provided by the Contractor and must not contribute to it. 3. The Contractor's insurance must apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Coverage provided by the Contractor must not be limited to the liability assumed under the indemnification provisions of this Agreement. 5. The policies must contain a severability of interest clause and waiver of subrogation against the City, its officers, officials, agents, and employees, for losses arising from Work performed by the Contractor for the City. 6. The Contractor, its successors and or assigns, are required to maintain Commercial General Liability insurance as specified in this Agreement for a minimum period of three Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 44 of 121 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. Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 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 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 Page 45 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 46 of 121 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 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 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 47 of 121 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 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. Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 48 of 121 EXHIBIT E - PARKS & FACILITIES – LOCATIONS & DESCRIPTIONS OF PARKS AND NON-PARK AREAS # FMA MAP PARK NAME ADDRESS PARK/NON- PARK LANDSCAPE ACRES TOTAL SITE ACRES 1 46 ARBUCKLE PARK 1100 S NORMAN WAY Park 3.63 8.33 2 25 ARROWHEAD AQUATIC CENTER 1475 W. ERIE ST. Pool 0.3 1.9 3 28 ASHLEY TRAIL 629 N TOWER AV Park 2.55 2.55 4 62 BLUE HERON PARK 1399 W LAKE DR Park 1.26 3.12 5 27 BOYS & GIRLS CLUB 300 E CHANDLER BL Park 2.2 5.49 6 02 DESERT OASIS PARK & AQUATIC CENTER 1400 W SUMMIT PL Park-Pool 1.05 2.16 7 27 EAST MINI PARK 605 E ERIE ST Park 0.03 0.36 8 38 FOLLEY PARK & AQUATIC CENTER 601 E FRYE RD Park-Pool 7.14 20.23 9 56 FOX CROSSING PARK 3572 S SANDPIPER DR Park 2.35 5.55 10 56 HAMILTON AQUATIC CENTER 3838 S. ARIZONA AVE. Pool 0.48 1.89 11 38 HARRIS PARK 150 E ELGIN ST Park 0.54 0.87 12 39 HOMESTEAD NORTH PARK 1925 E. FRYE RD. Park 2.5 7.0 13 28 JACKRABBIT PARK 1750 E THATCHER BL Park 3.01 3.93 14 78 LA PALOMA PARK 6579 S AMANDA BL Park 5.17 15.67 15 58 LANTANA RANCH PARK 1250 E. APPLEBY RD. Park 5.1 8.4 16 24 LOS ALTOS PARK 406 N LOS ALTOS DR Park 0.83 1.22 17 74 MESQUITE GROVES AQUATIC CENTER 5901 S. HILLCREST DR. Pool 7.0 11.8 18 31 NOZOMI PARK & AQUATIC CENTER 250 S KYRENE RD Park-Pool 5.02 21.36 19 26 PARK MANORS PARK 395 W ERIE ST Park 0.22 0.44 20 29 PASEO TRAIL A & MAMMOTH PARK GALVESTON ST TO CHANDLER BL Park 3.68 4.23 21 39 PASEO TRAIL B COOPER TO PECOS Park 3.74 3.74 22 45 PASEO TRAIL C & CANYON OAKS PECOS RD TO GERMANN RD Park 12.54 12.54 23 51 PASEO TRAIL D GERMANN TO QUEEN CREEK Park 4.31 4.31 24 58 PASEO TRAIL E (future 1.56 acres) QUEEN CREEK TO McQUEEN Park n/a n/a 25 57 PASEO TRAIL F McQUEEN RD TO OCOTILLO RD Park 2.27 2.27 26 64 PASEO TRAIL G OCOTILLO RD TO CHANDLER HEIGHTS Park 3.62 3.62 27 70 PASEO TRAIL H & PASEO CROSSING CHANDLER HEIGHTS TO RIGGS AT CANAL Park 5.93 5.93 28 70 PASEO TRAIL H & ROCKWOOD ESTATES CHANDLER HEIGHTS TO RIGGS AT CANAL Park 5.05 5.05 29 76 PASEO TRAIL I RIGGS TO 116TH ST Park 0.7 0.7 30 57 PASEO VISTA RECREATION AREA 3850 S McQUEEN RD Park 30.81 61.95 31 42 PECOS RANCH PARK 1555 W MAPLEWOOD ST Park 4.61 11.25 32 34 PUEBLO ALTO PARK 3948 W CALLE SEGUNDA Park 0.17 0.25 33 65 QUAIL HAVEN PARK 4675 S ADAMS AV Park 6.10 9.77 34 62 SNEDIGAR PARK EAST AND WEST 4500 S BASHA RD Park 16.6 99.0 35 03 SUMMIT POINT PARK 528 W BOXELDER PL Park 0.25 0.33 36 38 WASHINGTON LOT 150 E ELGIN ST Park .01 0.3 37 38 WINN PARK 56 E MORELOS ST Park 0.22 0.79 Total: 150.99 348.30 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 49 of 121 EXHIBIT E - PARKS & FACILITIES – LOCATIONS & DESCRIPTIONS OF PARKS AND NON-PARK AREAS # FMA MAP NON-PARK NAME ADDRESS PARK/NON- PARK LANDSCAPE ACRES TOTAL SITE ACRES 38 37 AZ AVE MEDIANS & SIDEWALK ARIZONA AVE-FRYE RD TO PECOS RD Non-Park 1.43 1.43 39 63 BASHA RD CANAL OCOTILLO RD TO SNEDIGAR WEST PARK Non-Park 0.92 0.92 40 26 CENTER FOR THE ARTS 250 N. ARIZONA AVE. Building 1.0 3.5 41 34 CHANDLER MUSEUM / MCCULLOUGH-PRICE HOUSE 300 S CHANDLER VILLAGE DR Non-Park 1.76 2.11 42 37 COMMONWEALTH CANAL SAN MARCOS PL TO ESSEX ST Non-Park 0.55 0.55 43 22 DESERT BREEZE BL (ROW) DESERT BREEZE BL & McCLINTOCK DR Non-Park 2.94 2.94 44 22 DESERT BREEZE POLICE SUBSTATION 251 N DESERT BREEZE BL W Non-Park 2.75 3.62 45 37 DOWNTOWN AREAS RANDOM SITES Non-Park 2.2 2.2 46 45 FIRE STATION 1 1491 E PECOS RD Non-Park 3.40 3.73 47 71 FIRE STATION 10 5211 S McQUEEN RD Non-Park 2.37 2.60 48 66 FIRE STATION 11 4200 S GILBERT RD Non-Park 1.59 1.85 49 16 FIRE STATION 2 1911 N ALMA SCHOOL RD Non-Park 0.91 1.06 50 35 FIRE STATION 3 275 S ELLIS ST Non-Park 1.92 2.20 51 21 FIRE STATION 4 295 N KYRENE RD Non-Park 1.14 1.30 52 55 FIRE STATION 5 1775 W QUEEN CREEK RD Non-Park 1.33 1.51 53 27 FIRE STATION 6 911 N JACKSON ST Non-Park 1.06 1.42 54 78 FIRE STATION 7 6200 S GILBERT RD Non-Park 1.37 1.65 55 37 FIRE STATION 8 711 W FRYE RD Non-Park 1.63 1.87 56 22 FIRE STATION 9 211 N DESERT BREEZE BL Non-Park 2.23 2.96 57 35 FIRE SUPPORT FACILITY 163 S PRICE RD Non-Park 1.09 1.46 58 54 FIRE TRAINING CENTER 3550 S DOBSON RD Non-Park 6.36 6.89 59 37 OREGON ST PARKING GARAGE 160 S OREGON ST Non-Park 0.45 1.77 60 37 OVERSTREET POCKET PARK NWC OREGON ST & BUFFALO ST Non-Park 0.05 0.05 61 54 PUBLIC SAFETY ACADEMY 3670 S DOBSON RD Non-Park 2.56 3.09 62 27 SUMMERSET (ROW) VARIOUS LOCATIONS (see FMA map) Non-Park 2.71 2.71 63 28 TRADITIONS EAST & WEST (ROW) N SIDE OF E THATCHER BL Non-Park 4.11 4.54 64 68 VETERANS OASIS MEMORIAL 4050 E. CHANDLER HEIGHTS Non-Park 0.6 0.6 65 38 WASHINGTON STREET FRYE RD. TO ELGIN ST. Non-Park 0.3 0.3 66 37 POLICE PROPERTY & EVIDENCE FACILITY 576 W. PECOS RD. Non-Park 4.4 4.4 67 37 VACANT LOT EAST OF POLICE PROPERTY 576 W. PECOS RD. Non-Park 3.5 3.5 68 38 POLICE HAMILTON FACILITY 911 S. HAMILTON ST. Non-Park 0.7 0.7 69 44 VACANT ARMSTRONG LOT 975 E. ARMSTRONG WAY Non-Park 19.2 19.2 Total: 78.53 88.63 Landscape Site Park Totals: 150.99 348.30 Non-Park Totals: 78.53 88.63 Grand Totals: 229.52 436.93 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 50 of 121 EXHIBIT F CONTRACTOR EQUIPMENT LIST Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 51 of 121 EXHIBIT G Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 52 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 53 of 121 EXHIBIT H- LOCATIONS and MAPS Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 54 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 55 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 56 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 57 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 58 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 59 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 60 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 61 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 62 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 63 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 64 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 65 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 66 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 67 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 68 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 69 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 70 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 71 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 72 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 73 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 74 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 75 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 76 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 77 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 78 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 79 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 80 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 81 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 82 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 83 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 84 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 85 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 86 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 87 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 88 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 89 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 90 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 91 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 92 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 93 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 94 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 95 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 96 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 97 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 98 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 99 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 100 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 101 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 102 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 103 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 104 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 105 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 106 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 107 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 108 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 109 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 110 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 111 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 112 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 113 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 114 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 115 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 116 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Page 117 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Area: 0.7 Acres Police Ham ilton Facility 0.7 Acres 9/24/2024, 11:34:50 AM 0 0.02 0.04 0.01 m i 0 0.04 0.07 0.02 km 1:1,617 Josh W agner The City of Chandler IT Division m akes no warranties, written or im plied, regarding the inform ation on this m ap. Data layers that appear on this m ap m ay not be accurate, current, or otherwise reliable. Page 118 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Area: 4.4 Acres Police Property & Evidence Facility 4.4 Acres, Includes Parking Lot 9/24/2024, 11:28:18 AM 0 0.02 0.04 0.01 m i 0 0.04 0.07 0.02 km 1:1,617 Josh W agner The City of Chandler IT Division m akes no warranties, written or im plied, regarding the inform ation on this m ap. Data layers that appear on this m ap m ay not be accurate, current, or otherwise reliable. Page 119 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Area: 19.2 Acres Vacant Arm strong Lot 19.2 Acres 9/24/2024, 11:38:18 AM 0 0.04 0.09 0.02 m i 0 0.07 0.14 0.04 km 1:3,234 Josh W agner The City of Chandler IT Division m akes no warranties, written or im plied, regarding the inform ation on this m ap. Data layers that appear on this m ap m ay not be accurate, current, or otherwise reliable. Page 120 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084 Area: 3.5 Acres Vacant Lot East of Police Property 3.5 Acres 9/24/2024, 11:31:48 AM 0 0.02 0.04 0.01 m i 0 0.04 0.07 0.02 km 1:1,617 Josh W agner The City of Chandler IT Division m akes no warranties, written or im plied, regarding the inform ation on this m ap. Data layers that appear on this m ap m ay not be accurate, current, or otherwise reliable. Page 121 of 121 Docusign Envelope ID: 8218EFB8-03D1-408E-8BFC-D506DC47D084