Hawkeye Agreement

City Clerk Document No. 
City Council Meeting Date: December 12, 2024
CITY OF CHANDLER SERVICES AGREEMENT
ELECTRICAL MAINTENANCE, REPAIR, AND INSTALLATION SERVICES
CITY OF CHANDLER AGREEMENT NO. BF4-910-4768
THIS AGREEMENT (Agreement) is made and entered into by and between the City of Chandler, an 
Arizona municipal corporation (City), and Hawkeye Electric Inc., an Arizona corporation (Contractor), 
(City and Contractor may individually be referred to as Party and collectively referred to as Parties), 
made 
  , 2024 (Effective Date).
RECITALS
A. On or about May 24, 2024, the City issued a solicitation for electrical maintenance, repair and
installation services. Under the solicitation, the City proposes to enter into eight related agreements
for electrical maintenance, repair and installation services in various amounts for the prices set forth
in each electrical maintenance, repair and installation services agreement. Although the amount
and type of electrical maintenance, repair and installation services purchased by the City may vary,
the total sum for all eight electrical maintenance, repair and installation services agreements must
not exceed $1,610,000.
B. City proposes to purchase electrical maintenance, repair and installation services from
Contractor as more fully described in Exhibit A, which is attached to and made a part of this
Agreement by this reference.
C. Contractor is ready, willing, and able to provide the goods or 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.
D. City desires to contract with the Contractor to provide these goods or 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, orcorporation 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
Contractor must perform in accordance with 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 goods
services in Chandler, Arizona exercises under similar conditions. All goods 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 goods 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 goods or services.
SECTION III: PERIOD OF SERVICE
Contractor must perform the services described in Exhibit A for the term of this Agreement.
The term of the Agreement is one year, and begins on December 9, 2024 and ends on December 8,
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 must not exceed
the unit prices and amounts as more fully described in Exhibit B for performance approved and
accepted by the City under this Agreement. Contractor must submit requests for payment for goods
or 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 goods or
services negotiated as a lump sum will be made in accordance with the percentage of the goods
furnished or services completed during the preceding billing period. Goods or services negotiated
as a not-to-exceed fee will be paid in accordance with the goods furnished or services completed
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 goods or 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
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 goods or
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 goods or 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
work, cost of goods, cost of performance, or Project schedule, the goods or services 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 purchase or service provided for in
this Agreement, or abandon any portion of the Project for which the Contractor has performed.
In the event the City abandons or suspends the purchase or services, or any part of the
purchase or services as provided in this Agreement, the City will notify the Contractor in writing
and immediately after receiving such notice, the Contractor must discontinue advancing the
work specified under this Agreement. Upon such termination, abandonment, or suspension,
the Contractor must deliver to the City all drawings, plans, specifications, special provisions,
estimates and other work entirely or partially completed, together with all unused materials
supplied by the City. The Contractor must appraise the goods or services Contractor has
completed and submit Contractor's appraisal to the City for evaluation. The City may inspect
the Contractor's goods or services to appraise the status completed. The Contractor will receive
compensation in full for goods provided or services performed to the date of such termination.
The fee will 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,
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:        Saranna Davidson
Name:      Pete Trowbridge
Title:           Procurement Officer
Title:         President
Address:   175 South Arizona Avenue
Address:  10 S. Roosevelt Avenue
                   Chandler, AZ  85225
                  Chandler, AZ  85226
Phone:      480 782-2406
Phone:  480 374-4120
Email:
saranna.davidson@chandleraz.gov
Email: pete@hawkeyeelectric.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.
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 furnishing goods or performing
services prescribed in the Agreement. The City may acknowledge its acceptance of such
personnel to furnish goods or 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 Work. 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 Federal Laws. Contractor understands and acknowledges the
applicability of the Americans with Disabilities Act, the Immigration Reform and Control Act of
1986 and the Drug Free Workplace Act of 1989 to it. The Contractor agrees to comply with these
laws in performing this Agreement and to permit the City to verify such compliance.
5.19 No Israel Boycott. By entering into this Agreement, Contractor certifies that Contractor is
not currently engaged in, and agrees for the duration of the Agreement, not to engage in a
boycott of Israel as defined by state statute.
5.20 Legal Worker Requirements. A.R.S. § 41-4401 prohibits the City from awarding a contract
to any contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A).
Therefore, Contractor agrees Contractor and each subcontractor it uses warrants their
compliance with all federal immigration laws and regulations that relate to their employees
and their compliance with§ 23-214, subsection A. A breach of this warranty will be deemed a
material breach of the Agreement and may be subject to penalties up to and including
termination of the Agreement. City retains the legal right to inspect the papers of any
Contractor’s or subcontractor’s employee who provides goods or 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
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.
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.
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 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.
5.36 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.
5.37 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.
5.38 Exhibits. The following exhibits are made a part of this Agreement and are incorporated
by reference:
Exhibit A - Project Description/Scope of Work
Exhibit B - Compensation and Fees
Exhibit C - Insurance Requirements
Exhibit D - Special Conditions
5.39 Special Conditions. As part of the goods furnished or 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.
5.40 Cooperative Use of Agreement.  In addition to the City of Chandler and with approval of
the Contractor, this Agreement may be extended for use by other municipalities, school
districts and government agencies of the State.  Any such usage by other entities must be in
accordance with the ordinance, charter and/or procurement rules and regulations of the
respective political entity.
If required to provide services on a school district property at least five times during a month,
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.  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.
5.41 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.
5.42 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.
5.43 Warranties. Unless otherwise provided in Exhibit D, the 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.
5.44 Liens.  The Contractor warrants that the materials supplied under this Agreement are free of
liens and will remain free of liens.
5.45 Quality.  Unless otherwise modified elsewhere in these terms and conditions, the Contractor
warrants that, for one year after acceptance by the City of the materials, they will be (a) of a quality
to pass without objection in the trade under the Agreement description, (b) fit for the intended
purposes for which the materials are used, (c) within the variations permitted by the Agreement
and are of even kind, quantity, and quality within each unit and among all units, (d) adequately
contained, packaged and marked as the Agreement may require, and (e) conform to the
Contractor’s written promises or affirmations of fact.
5.46 Fitness. The Contractor warrants that any material supplied to City will fully conform to all
requirements of the Agreement and all the Contractor’s representations, and will be fit for all
purposes and uses required by the Agreement.
5.47 Inspection/Testing.  The warranties set forth in the Agreement are not affected by the City’s
inspection or testing of or payment for the materials by the City.
5.48 Packing and Shipping.  The Contractor will be responsible for industry standard packing, which
conforms to requirements of carrier’s tariffs and Interstate Commerce Commission (ICC)





				

regulations.  Containers must be clearly marked as to lot number, destination, address, and
purchase order number.
5.49 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.
5.50 Risk of Loss.
The Contractor will bear all loss of conforming material covered under this
Agreement until received by authorized personnel at the location designated in the purchase order
or Agreement.  Mere receipt does not constitute final acceptance.  The risk of loss for
nonconforming materials will remain with the Contractor regardless of receipt.
5.51 Current Products.  All products offered in response to this solicitation will be in current and
ongoing production; will have been formally announced for general marketing purposes; will be a
model or type currently functioning in a user (paying customer) environment and capable of
meeting or exceeding all specifications and requirements set forth in the City’s solicitation.
5.52 Annual Usage Report.  Upon request, the Contractor will furnish to the City an annual usage
report delineating the acquisition activity governed by the Agreement.  The format of the report will
be approved by the City and will disclose the quantity and the dollar value of each agreement item
by individual purchasing unit.
5.53 Catalogs/Agreement Price Listing.  As applicable, the Contractor will furnish to all requesting
departments catalogs at no cost, which will outline agreement prices.
5.54 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.
5.55 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.
5.56 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 an expenditure.  The City does
not represent that this budget item will be actually adopted. This determination is solely made by
the City Council at the time Council adopts the budget.





				

This Agreement shall be in full force and effect only when it has been approved and executed by the
duly authorized City officials.
FOR THE CITY
FOR THE CONTRACTOR
By: _________________________________________
By: _________________________________________
Its: _________________________________________
Its: _________________________________________
Mayor
APPROVED AS TO FORM:
By: _________________________________________
City Attorney
ATTEST:
By: _________________________________________
City Clerk





					



EXHIBIT A TO AGREEMENT
SCOPE OF WORK
1. INTRODUCTION
1.1.
The City of Chandler is seeking the services of experienced and qualified licensed Electrical
Contractors with proven expertise in electrical installations and repairs in accordance with the
specifications herein. This service shall be provided, on an as-needed, if-needed basis.
1.2.
The City of Chandler intends to award to multiple contractors in order to meet the needs of the
City and reserves the right to request bids from awarded contractors.
1.3.
In general, the scope of work for electrical services may include but not be limited to installation,
repairs, upgrades, and routine maintenance to include supervision, labor, equipment, materials,
tools, and transportation to complete all work. The scope of work will be divided into two major
categories: 1) High Voltage Electrical Services and 2) Low Voltage Electrical Services.
1.4.
Offerors are encouraged to submit proposals for single or multiple categories.
1.4.1. High Voltage Electrical Services: Defined as electrical services above 1000 Volts.
Contractors 
bidding 
on 
this 
service 
must 
have 
the 
ability 
to 
work 
on
overhead/underground wires, substations, transformers, and related equipment while
energized. The following high voltage repairs and services are listed as minimum, but
not limited to:
1.4.1.1.
Group 1: Transformers, Addition and/or removal of oil, perform double test,
Turn To Ratio test (TTR), Oil analysis/testing, Hypo testing, Mega-ohm testing,
On-site gasket fabrication, Relay and Circuit Breaker testing, Switchgear
repair/replacement/testing, Substations, maintenance, and repair.
1.4.1.2.
Group 2: Underground and overhead cables repair and maintenance, Pole
testing, Hardware and ground wire tightening, Pole, and hardware change-out,
Transition inspection and repairs (i.e., arrestors, cutouts, fuses, jumpers, and
connectors), Down guy/anchor repair and replacement, switching and
grounding, Utility notification and coordination as necessary, Manhole entry,
cleaning, repair, and manhole (underground) cable work, Distribution panels,
repair, inspection, cleaning, and testing.
1.4.1.3.
It is understood some of the services listed above cannot be performed by all
high voltage service contractors, and therefore shall be subcontracted to a
contractor specializing in that field. All subcontractors used under the scope
of this contract shall meet all requirements, terms and conditions set forth
herein.  All subcontracted services shall be warranted by and be the
responsibility of the Contractor.
1.4.2. Low Voltage Electrical Services: Defined as below 1000 Volts.





				

1.4.2.1.
Types of Service Work: Air switches, Wire/cable replacement, transformers,
switchgear and switchboard assemblies, distribution panels, circuit breakers,
grounding systems, panel boards, disconnects, motor control centers, relay
cabinets, variable speed drives (VFD), emergency and normal electrical power
systems, lighting and lighting control systems, Lighting Retrofits, LED solutions,
daylight harvesting, sports and controls systems, and other associated
electrical equipment.
2. GENERAL VENDOR QUALIFICATIONS
2.1.
Each Contractor assigned to this contract shall have the licenses, tools, equipment, materials,
and technical ability to perform such services. Contractor shall provide all labor, supervision,
transportation, equipment (including testing and all personal protection equipment), tools, and
all effort necessary to make the required electrical systems repairs/retrofits, complete and
operational.
2.2.
Machinery/equipment that will be considered as additional cost and used directly to the
electrical industry for the performance of normal electrical services, such as, but not limited to:
Backhoes, Jackhammers, Concrete cutters, Excavators, Chain hoists, Man lifts (scissor lifts,
forklifts, boom lifts, bucket trucks, etc.) These items (and other approved equipment), if rented
from a rental contractor, will be allowed the rental charge plus an administrative mark-up cost
per the contract awarded percentage of cost. If owned, the equipment shall be charged per the
bid rate in the pricing section.
2.3.
Contractor will be responsible to source all electrical parts/components/fixtures and equipment
necessary in the repair or new installation of electrical and distribution systems. Exceptions may
be, if in the best interest of the City, to utilize its own electrical commodity contract to source
said supplies.
2.4.
Replacement parts/fixtures shall be OEM and warranted for two (2) years unless longer
warranties are available from manufacturers. All parts and electrical equipment provided by
Contractor shall be new, except as otherwise stated on the drawings or specifications. All parts
and electrical equipment shall be UL listed when such standards exist for the type of equipment.
All electrical equipment and materials shall be furnished by the Contractor and shall be
commercial quality and grade and be from a warrantied product line.
2.5.
All electrical work shall comply with the requirements of the applicable edition of the National
Electric Code and State/Local building codes.
2.6.
All lighting and lighting system devices shall be manufactured, tested, and/or approved under
the current applicable codes and standards for: ANSI, ASTM, BICSI, CSA, EIA, FCC, ISO, NEC,
NEMA, and UL.
2.7.
All work performed by the Contractor shall be subject to inspection and approval by the City.
2.8.
Specifications for the work to be performed by Contractor and approved by the City shall be
adhered to. Contractor may recommend alternate specifications or additional specifications for





				

work; however, any alternate specification shall comply with all applicable rules, regulations,
statutes, ordinances, codes, and standards. Contractor shall obtain approval from the City prior
to using any alternate specifications for any work to be performed under the contract.
2.9.
Prior to starting any work, the Contractor shall notify the City of any specification that conflicts
with applicable rules, regulations, statutes, ordinances, codes, and standards, and offer an
alternate solution that is in compliance with said rules.
2.10.
When any aspect of a project is not covered by a specification, building code, or standard, the
minimum standard for good and workmanlike construction shall be established usage,
procedures and acceptable industry standards.
2.11.
No products that contain asbestos fibers shall be used.
2.12.
All work shall be accomplished in a manner to match adjacent existing work in the same area or
on same elevation where practicable. Contractor will not make adjustments to or alter in any
manner City’s existing facilities without prior approval from City.
2.13.
Upon request from the City, the Contractor shall obtain permits required for a job. The City shall
reimburse the Contractor for actual cost of such permits. No amount for overhead and profit
will be allowed for permits.
2.14.
Prior to final acceptance of project completion, the Contractor shall provide the City a complete
set of “as-built” system drawings and copies of operational manuals for all installed products
and/or equipment.
2.15.
Safety: Contractor shall be responsible for initiating, maintaining, and supervising all safety
programs in connection with this work.
2.16.
Contractor shall take all necessary precautions for the safety of, and shall provide all necessary
protection to prevent damage, injury, or loss to the following:
2.16.1.
All employees on the worksite and all other persons who may be affected thereby.
2.16.2.
All the work, materials, and equipment to be incorporated therein.
2.16.3.
Other properties at the site of, adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, and utilities not designated for removal, relocation,
or replacement in the course of construction.
2.16.4.
Contractor must keep an acceptable E-Mod Rate determined by the City if requested.
3. REMOVAL AND DISPOSAL
3.1.
Contractor shall remove from the worksite and dispose of removed lighting fixtures, ballasts,
and lamps as soon as possible in accordance with current applicable federal, state, and local
codes.





				

3.2.
Polychlorinated Byphenosis (PCB): Ballasts containing PCB shall be disposed of per current
federal, state, and local codes. City’s representative shall be notified immediately of any PCB that
has leaked out from the ballast.
3.3.
Contaminated Transformer Oils: Contractor shall follow all EPA regulations and ordinances
regarding the disposal of contaminated oils from transformers.
4. SOLAR INSTALLATION AND MAINTENANCE
4.1.
General requirements include the following:
4.1.1.
Contractor shall separate photovoltaic (PV) source circuits and PV output circuits in
the same raceway, cable tray, cable outlet box, junction box, or similar fitter as
conductors, feeders, or branch circuits of the other non-PV systems. Contractor shall
use correct means for identification of conductors, circuits, etc. at all points of
termination, connection and splices. Connections to a module panel shall be
arranged so that a potential removal does not interrupt a grounded conductor to
other PV source circuits. Expansion joints should be utilized as necessary.
4.1.2.
Contractor shall provide a detailed commissioning documentation to conclude
installation.
5. ENERGY EFFICIENT LIGHTING INSTALLATIONS, PRODUCTS AND SERVICES
5.1.
General requirements include the following:
5.1.1.
New installations shall include, but not be limited to interior and exterior facility
lighting; walkway lighting; parking lot lighting (including poles); street lighting
(including poles); gymnasium lighting; indoor pool lighting; emergency lighting;
auditorium lighting; stage lighting, traffic signals, airport applications, exterior athletic
and sports field lighting and any other lighting applicable.
5.1.2.
Energy efficient lighting installations, products, service, and repairs are requested for
all lighting systems as listed herein.
5.1.3.
Consulting services may include design; lighting and energy assessment; energy audit
for lighting, and an evaluation of existing indoor and outdoor lighting systems.
Consulting shall provide a solution to an energy saving solution or retrofit to reduce
the overall consumption of energy for lighting systems. Contractor shall provide the
information necessary for the City to properly assess the level of quality, construction
components, compliance with applicable current state statutes, and/or the overall
performance of the solution offered.
5.1.4.
Contractor shall, upon request, submit manufacturer’s product information sheets
for the energy efficient lighting system and/or products to the City for approval before
work begins. The manufacturer’s product information sheet shall include model





				

numbers, type, rating, size, style, and manufacturer’s name.
5.1.5.
Contractor shall provide energy efficient lighting system and materials that comply
with current and applicable federal, state, local rebate programs for energy efficient
lighting upon City’s request.
5.1.6.
Federal, state, and/or locally funded projects through grants, utility rebates, etc., shall
comply with all requirements under the agreement to meet funding eligibility for the
products and services. Contractor shall provide City the necessary documentation,
such as lighting specifications, energy audit performed, etc. upon request.
5.1.7.
Lamps shall comply as applicable with current Energy Independence and Security Act
of 2007 (EISA) and current federal, state, and local codes if superseded. Contractor
shall be responsible for monitoring and compliance with future regulations, codes,
and laws.
5.1.8.
Except for lamps and ballasts, the Contractor and the lighting system manufacturer(s)
guarantee the usability of the lighting system installed is appropriate for the site
conditions that exist and for the intended uses as identified in the project’s scope of
work for a minimum five (5) year period. Warranty shall commence on the date of
final acceptance by the City’s authorized representative. The warranty coverage shall
not be limited to amount of usage.
5.1.9.
Delamping services may be offered and shall not void any existing lighting fixture
manufactures’ warranties as applicable.
5.1.10.
If requested by City, the contract vendor shall provide comprehensive training on the
operation, use and testing of the installed products and/or equipment to personnel
selected by the City. Any additional charges for training shall be included in the bid
cost form.
5.1.11.
The lighting system shall be accepted in writing only after a satisfactory test of the
entire installed system, lighting components, and/or energy efficient lighting
solutions in the presence of City’s authorized representative.
6. RETROFIT/REPAIR OF EXISTING FIXTURES, LAMPS, AND BALLASTS
6.1.
General requirements include the following:
6.1.1.
Contractor shall offer lines of replacement fluorescent lamps that contain low-level
mercury content, LED alternate lighting solutions of the latest design, or other current
alternate energy saving fixture and lighting replacements.
6.1.2.
Compact fluorescent lamps (CFL) and LEDs shall be available as an alternative for
replacement of current lighting. CFL’s shall be UL listed and have a minimum rated
average life of 10,000 hours. LEDs shall have a minimum 2-year driver and/or cooling
fan and lamp warranty.





				

6.1.3.
Contractor shall provide the City with mounting hardware, and any other components
required for energy efficient lighting installations. Contractor shall also provide any
manufacturers’ requirements and/or recommendations for the installation and/or
retrofit applications.
6.1.4.
Electronic ballasts shall be physically interchangeable with standard magnetic core
and coil ballasts.
7. EMERGENCY AND EXIT LIGHTING
7.1.
General requirements include the following:
7.1.1.
Emergency and exit lighting installations, retrofits, and/or repairs shall comply with
current applicable CFR, NEC, NFPA, and OSHA requirements. Contractor shall notify
City’s authorized representative when existing lighting does not conform to those
requirements and requires upgrades per federal, state, or local codes.
7.1.2.
All fluorescent emergency ballasts shall meet or exceed all current NEC and NFPA
requirements for emergency operations.
7.1.3.
All replacement, repair or retrofit of fixtures, lamps, ballasts or batteries shall meet
current applicable federal, state and local codes and CFR, NEC, NFPA, and OSHA
requirements for emergency and exit lighting.
8. LIGHTING CONTROLS
8.1.
General requirements include the following:
8.1.1.
Lighting controls shall include, but not be limited to occupancy, temperature, remote,
automatic, dusk-to-dawn, time, astronomical, etc.
8.1.2.
Contractor may provide control systems and solutions that allow City to add future
expansion and/or functions.
8.1.3.
Lighting control systems shall not interfere, disable, disengage, or conflict in any
manner with City’s current facility security, burglar, fire (alarm, suppression, and
control), or any other integrated system. Contractor shall not conjoin into these
systems in any manner without written approval from the City and the presence of
an authorized representative’s technician for these systems during the installation
and/or system initiation. Failure to comply with this requirement in any manner may
be grounds for immediate cancellation of an awarded contract.
8.1.4.
Lighting control systems and solutions shall include City training for operation and
addition of future expansion and/or functions as applicable.
9. SCHEDULING REQUIREMENTS





				

9.1.
The Contractor shall have the ability to create and manage numerous individual accounts for
order placement, billing, and reporting purposes.
9.2.
The Contractor shall coordinate all repair/installation schedules with the City’s point of contact
before beginning work. All electrical connections requiring a power outage shall be made during
an approved time limit and must be coordinated by the City’s point of contact.
9.3.
The Contractor shall be prepared with well-maintained equipment inventory/materials and
satisfactory transportation for delivery at the work site to meet the customer demand and
delivery requirements.
9.4.
Services shall be made available to 365 days per year.
9.5.
Labor rates bid shall include all direct labor and burden, equipment, small tools, common
expendables. Labor rates shall be divided into the following categories:
9.6.
Regular Service: work performed between 6:00 AM to 6:00 PM, Monday through Friday,
excluding holidays.
9.6.1.
After Hours: work performed after 6:00 PM and before 6:00 AM the next morning.
9.6.2.
Weekends & Holidays: work performed Saturday, Sunday, or during a holiday.
9.6.3.
Due to the nature of public sector agencies, response time for a requested service
shall be four (4) hours (on-site) after Contractor receives request from the City for
REGULAR SERVICE, and four (4) hour response on-site for calls AFTER HOURS. There
shall also be a two (2) hour on-site response for any call during REGULAR or AFTER
HOURS, if requested as an EMERGENCY.
9.6.4.
Deviations and exceptions to the hours listed above must be disclosed in offeror’s
response if offeror is unable to meet these requirements of the contract. Deviations
and exceptions may be cause for an offeror to be considered non-responsive and/or
rejection of the bid.
10. ORDERING AND JOB COMPLETION PROCESS
10.1.
The following is a listing of the requirements the ensuing contractor(s) must comply with when
completing work under this contract:
10.2.
Request for Service: The City will notify the contractor of the need for electrical services to
include but not limited to preventative maintenance, repair, replacement or emergency services.
Request for proposal for the provision/installation of a specific scope of work will be issued by
the City.
10.2.1.
This shall be requested at the sole discretion of the City of Chandler and may be
requested of multiple Contractors. This shall not be construed by the Contractor to





				

be a guarantee that the work will be awarded to the Contractor.
10.2.2.
At the time of the request, the Contractor shall inform the City of Chandler if the
Contractor elects to decline the request.  The Contractor shall provide a written
statement stating the reasons for declining within 3 business days.
10.2.3.
At the time of the request, the City of Chandler and the Contractor shall agree on a
date and time to conduct a pre-proposal inspection at the site of the project.  The pre-
proposal inspection shall occur within 10 business days of the request.  While the City
of Chandler shall attempt to find a mutually agreeable date and time for the pre-
proposal inspection, the date and time of the inspection shall be conducted at the
convenience of the City of Chandler.
10.2.4.
Correspondences:  Please include work order number on all correspondences if
provided by the City.
10.2.5.
Site Visit: Dependent upon the complexity/nature of the project, a predetermined
and/or pre-identified site visit may be held by the City to ensure the contractor(s) are
aware of important issues regarding the project site conditions, security procedures,
work responsibilities, loading and unloading restrictions, etc. to ensure accurate cost
estimates.
10.2.6.
Project Proposals: After a site review of the project, contractor shall submit the
project proposal to the City within the specified time frame. The submitted project
proposal is to be all-inclusive. That is, any cost overruns to be absorbed by the
Contractor, or cost savings to be additional profit. Exceptions to this are changes
requested by the City that incur higher project cost and longer delays. All change
orders to a project must be in writing, referencing the contract number and approved
by the City prior to authorization to proceed. The Contractor who fails to acquire
change orders in writing runs the risk of incurring these additional costs without
payment.
10.2.7.
Purchase Order: Based on the Contractor’s proposal, if acceptable in accordance
with contract terms and conditions, a purchase order will be issued by the City.
10.2.8.
Delivery and Installation: Contractor will notify the City when material has been
received and provide a proposed project completion date. Installation shall start
within seven (5) working days after material is received. Installations will not start
without prior approval of the City’s authorized representative. Contractor shall assign
a supervisor or contact person for each job who has the ability to communicate with
City’s designated point of contact.
10.2.8.1.
Secure all materials and equipment on the site.
10.2.8.2.
Perform all electrical projects in full compliance with specific Electrical
Project Price Proposal, Preventative Maintenance Proposal, Notice to
Proceed, emergency repairs estimate, and all relevant technical and





				

applicable manufacturer specifications in a good workmanlike manner.
10.2.8.3.
Be fully responsible of the ways, means, methods, techniques,
procedures, 
and 
for 
performance 
and 
enforcement 
of 
safety
requirements relating to the project.
10.2.8.4.
Comply with the City of Chandler's Hot Work Policy (attached).  Designate
one person on each crew to perform a daily fire watch.  The designated
crew City shall watch for fires or smoldering materials.  Continue the fire
watch for 30 minutes after hot work has been suspended for the day.
10.2.8.5.
Comply with all relevant standards and code requirements for erection of
structurally adequate site, work, street, or other barricading.  Where
appropriate and needed, provide lighting, including flashing red or amber
lights.
10.2.8.6.
Conduct work during the hours indicated on the Notice to Proceed.  Work
may either be conducted during normal business hours, after hours,
weekends, or holidays.
10.2.8.7.
Provide a minimum five (5) days’ notice to the City and manufacturer prior
to commencing any work and notify both parties on a daily basis of any
change in work schedule.
10.2.8.8.
Direct and coordinate the work of all subcontractors to create general
cooperation between trades and facilitate expeditious progress of work.
10.2.8.9.
Confine workers, apparatus, the storage of materials, and operations of
his workmen to the limits indicated by law, ordinances, permits, or
directions of the City representative, and not unreasonably encumber the
premises with materials or equipment.
10.2.8.10. Coordinate and schedule in writing after verbal consultation no less than
3 business days in advance with the City of Chandler or Electricians any
required utility outage and switch-over.  Include in the advance notice (1)
the date and time for the switch over to occur, (2) estimated total time of
the outage or switch over, (3) identify systems to be impacted by the
switch over, (4) identify the contractor performing the work.  Any outages
or switchovers of utilities that may cause impact to the Facility being
repaired shall be required to be done when the building is not occupied.
The City representative will have the final approval of date and time of all
outages.
10.2.8.11. Prevent access by the public to materials, tools, and equipment.
10.2.8.12. Complete, to the City’s full satisfaction, all job site clean-up including
building interior, exterior and landscaping where affected by the





				

construction.  Remove all debris daily from the project site and take to a
legal dumping area authorized to receive such materials.  At the
conclusion of the project, clean the work site of rubbish, litter, and other
foreign substances.  Sweep paved areas broom clean, remove stains, spills
and other foreign deposits.
10.2.8.13. Comply with regulations for safety standards for cleaning.  Do not
discharge volatile, harmful or dangerous materials into drainage systems.
Remove waste materials from the site and dispose of in a lawful manner.
10.2.8.14. Coordinate with the City disposition of any extra, left-over material of
value remaining after completion of the work that shall become the City’s
property.
10.2.8.15. Ensure the regular and periodic inspection, review, and approval by the
City of Chandler and by the appropriate manufacturer representatives of
all phases of work requiring such inspection.
10.2.8.16. Correct, upon the direction of the City of Chandler or manufacturer
representative, any work or work-related condition, determined by any of
the parties to require correction.
10.2.8.17. Deliver, store and handle products in accordance with the manufacturer’s
recommendations, using means and methods that will prevent damage,
deterioration and loss, including theft.
10.2.8.18. Coordinate delivery with installation time to ensure minimum holding
time for items that are flammable, hazardous, easily damaged, or
sensitive to deterioration, theft and other losses.
10.2.8.19. Deliver products to the site in the manufacturer’s original sealed container
or other packaging system, complete with labels and instructions for
handling, storing, unpacking, protecting and installing.
10.2.8.20. Inspect products upon delivery to ensure compliance with the
Manufacturers’ Standards and Requirements, and to ensure that products
are undamaged and properly protected.
10.2.8.21. Comply with manufacturer’s instructions and recommendations for
installation of products in the applications indicated.
10.2.8.22. Request in advance from the City of Chandler electrical and water service
for use during the project for project-related requirements only.  Electric
and water costs shall be paid by the City; however, the Contractor shall
pay for unanticipated or excessive water usage as determined by the City
of Chandler.





				

10.2.9.
Completion of Services: After completion of services, the Contractor will email the
City’s designated point of contact a photograph copy of completed work along with
any required reporting within 24 hours of completing services.
11. INVOICING
11.1.
After completion of services, the Contractor shall submit an invoice to the City. All invoicing for
Time and Materials shall include:
11.1.1.
Purchase Order number.
11.1.2.
Work Order number (if supplied by the City)
11.1.3.
Terms as per bid
11.1.4.
Contract number.
11.1.5.
Job site name and location
11.1.6.
Description of work performed.
11.1.7.
Total labor hours
11.1.8.
Labor rate as per bid
11.1.9.
Itemized materials
11.1.10.
Tax on materials only.
11.1.11.
Total
11.2.
*Rented equipment charges (submitted with a copy of the invoice from rental firm) shall not add
additional sales tax other than what the rental firm has posted.
11.3.
All invoicing for Project work shall include:
11.3.1.
Purchase order number.
11.3.2.
Terms as per bid
11.3.3.
Contract number.
11.3.4.
Job site name and location
11.3.5.
Project description
11.3.6.
Project cost
11.3.7.
Change order cost (if applicable)
11.3.8.
If change orders have been implemented – must be separately line-itemed priced.
11.3.9.
Grand total of invoice
11.3.10.
Invoicing that does not have all the required information as listed above may be sent
back to contractor for corrections, delaying payment to Contractor.
12. PAYMENT AFTER JOB COMPLETION
12.1.
Payment shall not be provided until inspection is completed and an approval signature is
provided by authorized City representative. In case of non-satisfactory completion of any
individual project, the City reserves the right to withhold payment as permissible by law.
12.2.
Progress Payments - Contractor may make progress payments under the following conditions:
12.2.1.
City and Contractor agree to the terms of the progress payments prior to issuing a





				

purchase order.
12.2.2.
Purchase order describes the amounts or percentages and the dates or frequency of
payments.
12.2.3.
Payments are made in full compliance with City’s local governing entity rules.
13. DELIVERY
13.1.
It shall be the Contractor’s responsibility to meet the City’s delivery requirements, as called for
in the Technical Specifications.
13.2.
Emergency or rush deliveries requested by the City that require special shipping and handling
charges may be at the City’s expense, but only with prior written approval from the City.
Emergency or rush shipping charges shall be added to an invoice as a separate line item.
13.3.
In the event emergency or rush delivery is required as the result of a Contractor’s error, all
shipping and handling charges shall be paid by the Contractor.
13.4.
The City reserves the right to examine freight cost and route shipments with their own
contracted carrier.
13.5.
Under no circumstances shall the Contractor increase their profit margin through shipping
charges.
14. COMPLIANCE WITH FEDERAL, STATE AND LOCAL REGULATIONS
14.1.
All work must comply with EPA, OSHA, and any local regulations in effect at each service
occurrence. Contractor shall adhere to all regulations, rules, ordinances, and standards set by
Federal, State, County, and Municipal governments. If the Contractor is found to be not in
compliance with said Federal, State, County, and/or Municipal safety rules, ordinances, policy,
procedure, or codes, the Contractor may be placed on suspension until such non-compliant
issues are rectified.
14.2.
The Offeror must hold a valid license issued by the State of Arizona Registrar of Contractors
prior to submission of a proposal and must maintain same throughout the duration of the
contract term and any subsequent contract extensions. Failure to maintain said license may be
grounds for default of the contract and subsequent termination.
15. IDENTIFICATION OF FINANCIAL RESOURCES
15.1.
Offerors will make the City aware of any financial incentives that may be available as a result of
the purchase and installation of electrical equipment (i.e.: rebates, funding, credits, buyback
programs, etc.)
15.2.
Offerors will assist the City to secure financial incentives when available.
16. CITY’S RESPONSIBILITIES





				

16.1.
The City of Chandler will designate one or more Representatives to oversee Contractor work.
These City Representatives may be present during any electrical projects, to perform certain
functions, assisting the Contractor as appropriate, monitoring Contractor performance, consult
with and be advised by manufacturer representatives, review, accept, or decline to accept the
work performed by the Contractor, and ensure overall contract compliance.
16.2.
The City of Chandler designated representative(s) shall:
16.2.1.
Serve as the primary City contact(s) for electrical projects and repairs for buildings
that are the responsibility of their respective department. (Building & Facilities)
16.2.2.
Collaborate with the Contractor to develop electrical project specifications.
16.2.3.
Coordinate on-site pre-project proposals and meet with the Contractor at the project
location/site on the specified date and time scheduled for commencement of project
or repair.
16.2.4.
Review, decline, or approve Electrical Project proposals.
16.2.5.
Develop and submit Notices to Proceed for all work.
16.2.6.
Provide or coordinate Contractor access to work sites, buildings, yards, etc. to
facilitate the work, and resolve any unanticipated access issues.  Assign as necessary
facility access keys as needed for access to the electrical rooms and/or building
facilities.  Contractors will bear a financial burden, should keys be lost during the
construction of a job.
16.2.7.
Consult with the Contractor in advance and during the course of all electrical projects
to ensure the work progresses and is completed to the full satisfaction of the City.
16.2.8.
Consult with manufacturer representatives to verify proper product uses and
application.
16.2.9.
Conduct routine and periodic inspections at their convenience of the work of the
contractor at any time during the project.
16.2.10.
Consider any recommendations or suggestions made by the Contractor during the
project regarding any aspect of the project that may deviate from the approved
project specifications or notice to proceed and approve or decline to approve any
such recommendations or suggestions.
16.2.11.
Review, approve, or decline to accept work at any phase of the electrical project, and
direct the Contractor to correct any deficient processes, products, applications, or
other Contractor actions.
16.2.12.
Act as liaison with primary building contact to inform occupants of the work, minimize
disruption to public services or the work of building occupants, resolve problems,





				

respond to building occupant complaints, inform occupants of actions that may
disrupt the work of building occupants or interfere with public service (such as
electrical shutdown, etc.), and notify occupants of project completion.
16.2.13.
Provide other assistance to the Contractor as necessary and appropriate to expedite
the project.
17. EMPLOYEE REQUIREMENTS
17.1.
The Contractor shall designate a management or supervisory individual to act as Company
Representative who shall be responsible for and have authority to act in overseeing and
supervising Contractor Technician(s), be available at the request of the City to inspect work, meet
and discuss work, resolve performance issues, and to provide technical advice, consultation, or
input as requested by the City. The Company Representative shall be available at all times via
telephone and shall be able to respond within 48 hours to requests for meetings or consultation,
and within 2 hours to emergencies as determined by the FM Contract representative.
17.2.
The Contractor shall ensure that all Contractor employees and personnel conduct themselves
in a professional manner, and maintain positive, open, respectful and constructive
communication with City staff, and the public.  The Contractor shall ensure that all employees
wear photo identification badges that clearly show the Contractor’s company name and the first
and last name of the employee.  Contractor employees must always wear these identification
badges while on a City of Chandler job site.
17.3.
Contractor shall provide portable restroom facilities for their workers, to be placed on-site as
directed by the City of Chandler if applicable.
17.4.
The Contractor shall ensure that all Contractor employees and personnel, while working at City
buildings or sites, or otherwise engaged in performing work for the City, are not under the
influence of alcohol, drugs or other intoxicants, do not engage in any illegal activities, and are
not in possession of weapons.
17.5.
The Contractor shall immediately remove at the direction of the City of Chandler, or other City
staff, any of employee or worker from current and future assignment to work at City buildings
or sites in response to the City representatives' determination that the Contractor employee is
incompetent, abusive, disorderly, disrespectful, ineffective, inefficient, in possession of or under
the influence of intoxicants or narcotics, or in possession weapons.  The City reserves the right
to have Contractor employees removed with the assistance of contract security or the
appropriate law enforcement agency.
18.  OTHER REQUIREMENTS
18.1.
The Contractor shall be knowledgeable of, and obtain any and all licenses, permits, certifications
or other relevant documents and authorizations required to perform any work under this
contract, and provide evidence of such to the City of Chandler upon request.
18.2.
The Contractor shall pay any and all taxes, charges and fees that are necessary or required.





				

18.3.
The Contractor shall provide workmanship that is of the highest professional and industry
standard by performing all work in strict accordance with any and all applicable codes, work
standards, manufacturer specifications, and any legal, regulatory or industry requirement or
standard.
18.4.
The Contractor shall conduct work in strict adherence to all applicable professional and legal
safety standards and requirements, particularly any Occupational Safety and Health
Administration (OSHA) requirements.
19. MONITORING CONTRACTOR PERFORMANCE
19.1.
The Contractor shall fully and always cooperate with the City of Chandler contract compliance
function to ensure that the City receives all contracted services, and that the Contractor is paid
promptly and fully for work performed to the City's satisfaction.
19.2.
The City of Chandler may utilize any or all of the following steps when monitoring Contractor
performance.
19.2.1.
On-Site Monitoring:  Conduct visual on-site work performance during all electrical
projects, using observation, discussion, and technical consultation.
19.2.2.
Inspection of Equipment, Parts, Materials, Supplies:  Inspection or testing of any and
all equipment, parts, materials, supplies, or services provided by the Contractor to
verify contact compliance.  Inspections may be done with the assistance of
manufacturer representatives.
19.2.3.
Testing of Equipment:  Conduct Independent testing, or have tested by an outside
third party, any equipment, parts, materials, supplies, installations, repairs, services
to verify equipment specification and performance.
19.2.4.
Independent Inspection or Audit:  Notwithstanding any other audit clause in this
contract, the City of Chandler may at any time conduct a review, inspection or audit
of the Contractor's performance related to any contract requirement, independent of
any contract compliance activities conducted by others.
19.2.5.
Informal Discussion:  The City of Chandler shall attempt to resolve non-critical
contract performance issues promptly and informally at the first level through a
discussion with on-site Contractor technicians.  Matters unresolved will be escalated
to the City of Chandler Management.
19.2.6.
Reporting Deficient Performance to the Contractor:  The City of Chandler
Management will contact Contractor, requesting follow-up action to resolve the
performance matter.  The City of Chandler Management and Contractor may meet to
discuss, and resolve noted instances of deficient contract performance.  The purpose
of this step is to informally but promptly give the Contractor the opportunity to
correct deficient performance.





				

19.2.7.
Unresolved Performance Issues:  Performance issues that have not been fully
resolved and corrected by the Contractor shall be referred to the City of Chandler
Procurement Department for remedy action.
Remainder of this page intentionally blank.





				

EXHIBIT B TO AGREEMENT
PRICE PROPOSAL
Section 1 – Hourly Rates
Journey Level/
Supervisory
Apprentice
Laborer
Regular Hours
$  69.63 /hour
$37.95 /hour
$  N/A    /hour
After Hours
$104.94  /hour
$57.20 /hour
$  N/A    /hour
Emergency Response
Regular Hours
$107.80 /hour
$62.70 /hour
$  N/A    /hour
Emergency Response
After Hours
$117.70 /hour
$93.78  /hour
$  N/A    /hour
* Hawkeye does not employ laborers. In the
event Hawkeye needs to utilize laborers to assist
its electricians, it hires temporary laborers from
any one of a number of temp. labor agencies with
whom Hawkeye has an agreement. For the purpose
of this contract with the City of Chandler, Hawkeye
would treat this scenario as "Subcontracted Work",
provide backup substantiation of the cost incurred,
and charge for it at the rate of cost plus 15%.
Definition of terms:
Journey Level or Supervisory = Certified with 4+ years of experience
Apprentice = Certified with 2+ years of experience
Laborer = Non-certified or helper
Section 2 – Mark Up
Materials
15%
Rented equipment
15%
Other (specify)
15%
Other (specify)
15%





				

EXHIBIT C TO AGREEMENT
INSURANCE
INSURANCE
General.
A.
At the same time as execution of this Agreement, the Contractor shall furnish the City a
certificate of insurance on a standard insurance industry ACORD form.  The ACORD form
must be issued by an insurance company authorized to transact business in the State of
Arizona possessing a current A.M. Best, Inc. rating of A-7, or better and legally authorized to
do business in the State of Arizona with policies and forms satisfactory to City.  Provided,
however, the A.M. Best rating requirement shall not be deemed to apply to required Workers’
Compensation coverage.
B.
The Contractor and any of its subcontractors shall procure and maintain, until all of their
obligations have been discharged, including any warranty periods under this Agreement are
satisfied, the insurances set forth below.
C.
The insurance requirements set forth below are minimum requirements for this Agreement
and in no way limit the indemnity covenants contained in this Agreement.
D.
The City in no way warrants that the minimum insurance limits contained in this Agreement
are sufficient to protect Contractor from liabilities that might arise out of the performance
of the Agreement services under this Agreement by Contractor, its agents, representatives,
employees, subcontractors, and the Contractor is free to purchase any additional insurance
as may be determined necessary.
E.
Failure to demand evidence of full compliance with the insurance requirements in this
Agreement or failure to identify any insurance deficiency will not relieve the Contractor from,
nor will it be considered a waiver of its obligation to maintain the required insurance at all
times during the performance of this Agreement.
F.
Use of Subcontractors:  If any work is subcontracted in any way, the Contractor shall execute
a written contract with Subcontractor containing the same Indemnification Clause and
Insurance Requirements as the City requires of the Contractor in this Agreement. The
Contractor is responsible for executing the Agreement with the Subcontractor and obtaining
Certificates of Insurance and verifying the insurance requirements.
Minimum Scope and Limits of Insurance.  The Contractor shall provide coverage with limits of liability not
less than those stated below.
A.
Commercial General Liability-Occurrence Form.  Contractor must maintain “occurrence” form
Commercial General Liability insurance with a limit of not less than $2,000,000 for each
occurrence, $4,000,000 aggregate.  Said insurance must also include coverage for products
and completed operations, independent contractors, personal injury and advertising injury.
If any Excess insurance is utilized to fulfill the requirements of this paragraph, the Excess





				

insurance must be “follow form” equal or broader in coverage scope than underlying
insurance.
B.
Automobile Liability-Any Auto or Owned, Hired and Non-Owned Vehicles
Vehicle Liability:  Contractor must maintain Business/Automobile Liability insurance with a
limit of $1,000,000 each accident on Contractor owned, hired, and non-owned vehicles
assigned to or used in the performance of the Contractor’s work or services under this
Agreement.  If any Excess or Umbrella insurance is utilized to fulfill the requirements of this
paragraph, the Excess  or Umbrella insurance must be “follow form” equal or broader in
coverage scope than underlying insurance.
C.
Workers Compensation and Employers Liability Insurance:  Contractor must maintain Workers
Compensation insurance to cover obligations imposed by federal and state statutes having
jurisdiction of Contractor employees engaged in the performance of work or services under
this Agreement and must also maintain Employers’ Liability insurance of not less than
$1,000,000 for each accident and $1,000,000 disease for each employee.
D.
Builders’ Risk/Installation Floater Insurance.  The Contractor bears all responsibility for loss to
all equipment or Work under construction.  Unless waived in writing by the City the
Contractor will purchase and maintain in force Builders’ Risk/Installation Floater insurance
on the entire Work until completed and accepted by the City.  This insurance will be Special
Causes of Loss policy form, (minimally including perils of fire, flood, lightning, explosion,
windstorm and hail, smoke, aircraft and vehicles, riot and civil commotion, theft, vandalism,
malicious mischief, and collapse), completed value, replacement cost policy form equal to
the contract price and all subsequent modifications.  The Contractor’s Builders’
Risk/Installation Floater insurance must be primary and not contributory.
1. Builders’ Risk/Installation Floater insurance must cover the entire Work including
reasonable compensation for architects and Contractors’ services and expenses and
other “soft costs” made necessary by an insured loss.  Builders’ Risk/Installation Floater
insurance must provide coverage from the time any covered property comes under the
Contractor’s control and or responsibility, and continue without interruption during
course of construction, renovation and or installation, including any time during which
any project property or equipment is in transit, off site, or while on site for future use or
installation.  Insured property must include, but not be limited to, scaffolding, false work,
and temporary buildings at the site.  This insurance must also cover the cost of removing
debris, including demolition as may be legally required by operation of any law,
ordinance, regulation or code.
2. The Contractor must also purchase and maintain Boiler and Machinery insurance with
the same requirements as Builders’ Risk/Installation Floater insurance cited above if the
Work to be performed involves any exposures or insurable property normally covered
under a Boiler and Machinery insurance policy or made necessary as required by law or
testing requirements in the performance of this Contract/Agreement.  The Contractor will
be responsible for any and all deductibles under these policies and the Contractor waives
all rights of recovery and subrogation against the City under the Contractor’s Builders’
Risk/Installation Floater insurance described herein.





				

3. Builders’ Risk/Installation Floater Insurance must be maintained until whichever of the
following first occurs: (i) final payment has been made; or, (ii) until no person or entity,
other than the City, has an insurable interest in the property required to be covered.
a.
The Builders’ Risk/Installation Floater insurance must be endorsed so that the
insurance will not be canceled or lapse because of any partial use or occupancy by
the City.
b. The Builders Risk/Installation Floater insurance must include as named insureds, the
City, the Contractor, and all tiers of subcontractors and others with an insurable
interest in the Work who will be named as additional insureds unless they are able to
provide the same level of coverage with the City and Contractor named as additional
insureds. Certificates must contain a provision that the insurance will not be canceled
or materially altered without at least 30 days advance notice to the City.  The City must
also be named as a Loss Payee under the Builders’ Risk/Installation Floater coverage.
c.
The Builders Risk/Installation Floater insurance must be written using the Special
Causes of Loss policy form, replacement cost basis.
d. All rights of subrogation under the Builders Risk/Installation Floater insurance are, by
this Contract/Agreement, waived against the City, its officers, officials, agents and
employees.
e. The Contractor is responsible for payment of all deductibles under the Builders’
Risk/Installation Floater insurance policy.
Additional Policy Provisions Required.
A. Self-Insured Retentions or Deductibles.  Any self-insured retentions and deductibles must be
declared and approved by the City.  If not approved, the City may require that the insurer reduce
or eliminate any deductible or self-insured retentions with respect to the City, its officers,
officials, agents, employees, and volunteers.
1.  The Contractor’s insurance must contain broad form contractual liability coverage.
2.  The Contractor's insurance coverage must be primary insurance with respect to the City,
its officers, officials, agents, and employees.  Any insurance or self-insurance maintained
by the City, its officers, officials, agents, and employees shall be in excess of the coverage
provided by the Contractor and must not contribute to it.
3.  The Contractor's insurance must apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
4.  Coverage provided by the Contractor must not be limited to the liability assumed under
the indemnification provisions of this Agreement.





				

5. The policies must contain a severability of interest clause and waiver of subrogation
against the City, its officers, officials, agents, and employees, for losses arising from Work
performed by the Contractor for the City.
6.  The Contractor, its successors and or assigns, are required to maintain Commercial
General Liability insurance as specified in this Agreement for a minimum period of three
years following completion and acceptance of the Work.  The Contractor must submit a
Certificate of Insurance evidencing Commercial General Liability insurance during this
three year period containing all the Agreement insurance requirements, including
naming the City of Chandler, its agents, representatives, officers, directors, officials and
employees as Additional Insured as required.
7. If a Certificate of Insurance is submitted as verification of coverage, the City will
reasonably rely upon the Certificate of Insurance as evidence of coverage but this
acceptance and reliance will not waive or alter in any way the insurance requirements or
obligations of this Agreement.
B.
Insurance Cancellation During Term of Contract/Agreement.
1. If any of the required policies expire during the life of this Contract/Agreement, the
Contractor must forward renewal or replacement Certificates to the City within ten days
after the renewal date containing all the required insurance provisions.
2.  Each insurance policy required by the insurance provisions of this Contract/Agreement
shall provide the required coverage and shall not be suspended, voided or canceled
except after 30 days prior written notice has been given to the City, except when
cancellation is for non-payment of premium, then ten days prior notice may be given.
Such notice shall be sent directly to Chandler Law-Risk Management Department, Post
Office Box 4008, Mailstop 628, Chandler, Arizona  85225. If any insurance company
refuses to provide the required notice, the Contractor or its insurance broker shall notify
the City of any cancellation, suspension, non-renewal of any insurance within seven days
of receipt of insurers’ notification to that effect.
A.
City as Additional Insured.  The policies are to contain, or be endorsed to contain, the
following provisions:
1. The Commercial General Liability and Automobile Liability policies are to contain, or be
endorsed to contain, the following provisions:  The City, its officers, officials, agents, and
employees are additional insureds with respect to liability arising out of activities
performed by, or on behalf of, the Contractor including the City's general supervision of
the Contractor; Products and Completed operations of the Contractor; and automobiles
owned, leased, hired, or borrowed by the Contractor.
2.  The City, its officers, officials, agents, and employees must be additional insureds to the
full limits of liability purchased by the Contractor even if those limits of liability are in
excess of those required by this Agreement.





				

EXHIBIT D TO AGREEMENT
SPECIAL CONDITIONS
ACCESS TO SECURED FACILITIES
Contract Worker Access Controls, Badge and Key Access Requirements. A Contract Worker shall not be
allowed to begin work in any City facility without: (A) The prior completion and the City's acceptance of the
required background screening; and (B) when required, the Contract Worker's receipt of a City issued
badge. A badge will be issued to a Contract Worker solely for access to the City facility(s) to which the
Contract Worker is assigned. Each Contract Worker who enters a City facility must use the badge issued to
the Contract Worker. Any and all fees associated with security badging will be assessed in compliance with
Chandler City Code §4-22.
Key Access Procedures. If the Contract Worker's services require keyed access to enter a City facility(s), a
separate key issue/return form must be completed and submitted by Contractor for each key issued.
Stolen or Lost Badges or Keys. Contractor shall report lost or stolen badges or keys to the City immediately.
A new badge application or key issue form shall be completed and submitted along with payment of the
applicable fees prior to issuance of a new badge or key.
Return of Badges or Keys. All badges and keys are the property of the City and must be returned to the City
within one business day of when the Contract Worker's access to a City facility is no longer required to
furnish the services under this Agreement. Contractor shall collect a Contract Worker's badge and key(s)
upon the termination of the Contract Worker's employment; when the Contract Worker's services are no
longer required at the particular City facility(s); or upon termination, cancellation or expiration of this
Agreement.
Contractor's default under this Section shall include, but is not limited to the following: (1) Contract Worker
gains access to a City facility(s) without the proper badge or key; (2) Contract Worker uses a badge or key
of another to gain access to a City facility; (3) Contract Worker commences services under this Agreement
without the proper badge, key or Background Screening; (4) Contract Worker or Contractor submits false
information or negligently submits wrong information to the City to obtain a badge, key or applicable
Background Screening; or (5) Contractor fails to collect and timely return Contract Worker's badge or key
upon termination of Contract Worker's employment, reassignment of Contract Worker to another City
facility or upon the expiration, cancellation or termination of this Agreement. Contractor acknowledges
and agrees that the access control, badge and key requirements in this Section are necessary to preserve
and protect public health, safety and welfare. Accordingly, Contractor agrees to properly cure any default
under this Section within three business days from the date notice of default is sent by the City. The parties
agree that Contractor's failure to properly cure any default under this Section shall constitute a breach of
this Section. In addition to any other remedy available to the City at law or in equity, Contractor shall be
liable for and shall pay to the City the sum of $1,000.00 for each breach by Contractor of this Section. The
parties further agree that the sum fixed above is reasonable and approximates the actual or anticipated
loss to the City at the time and making of this Agreement in the event that Contractor breaches this Section.
Further, the parties expressly acknowledge and agree to the fixed sum set forth above because of the
difficulty of proving the City's actual damages in the event that Contractor breaches this Section. The parties
further agree that three breaches by Contractor of this Section arising out of any default within a
consecutive period of three months or three breaches by Contractor of this Section arising out of the same





				

default within a period of 12 consecutive months shall constitute a material breach of this Agreement by
Contractor and the City expressly reserves all of its rights, remedies and interests under this Agreement,
at law and in equity including, but not limited to, termination of this Agreement.
1.
Contractor and Subcontractor Worker Background Screening. Contractor agrees that all
contract workers and subcontractors (collectively "Contract Worker(s)") that Contractor furnishes
to City under this Agreement will be subject to background and security checks and screening as
set forth in this Section (collectively "Background Screening") at Contractor’s sole cost and expense.
As part of the Background Screening, Contractor must provide to a person designated by the City
the name(s), address(es), and phone number(s) of all Contract Workers who will provide any
services under this Agreement. All Contract Workers must comply with these Background
Screening requirements. All Contract Workers must be able to provide proof of the legal right to
work in the United States. The Background Screening provided by Contractor must comply with all
applicable laws, rules, and regulations. Contractor further agrees that the Background Screening
required in this Section is necessary to preserve and protect public health, safety, and welfare. The
Background Screening requirements set forth in this Section are the minimum requirements for
this Agreement. City in no way warrants that these minimum requirements are sufficient to protect
Contractor from any liabilities that may arise out of Contractor’s services under this Agreement or
Contractor’s failure to comply with this Section. Therefore, in addition to the specific measures set
forth below, Contractor and its Contract Workers must take such other reasonable, prudent, and
necessary measures to further preserve and protect public health, safety, and welfare when
providing services under this Agreement.
2.
Background Screening Requirements and Criteria. Before offering or scheduling any services
under this Agreement, Contractor agrees that all Contract Workers, including the Contractor, if the
Contractor is an individual or sole proprietorship, must have successfully passed a Background
Screening in accordance with this Section. Contractor warrants that no person will be permitted
to substitute for a Contract Worker who has satisfied the Background Screening requirements until
the proposed substitute has also satisfied the Background Screening requirements in this Section.
For review and approval, Contractor must submit to a person designated by the City proof of a
completed Background Screening for each Contract Worker over the age of 18 performing services
under this Agreement no fewer than two (2) weeks before the proposed start date of such Contract
Worker’s services. The Background Screening must have been completed within the 12-month
period preceding the Contract Worker’s start date under this Agreement and must include the
results of a national criminal databased check with source verification, and a sex offender
database search.
3.
Additional City Rights Regarding Security Inquiries. In addition to the foregoing, City reserves
the rights but not the obligations to: (1) have a Contract Worker be required to provide fingerprints
and execute such other documentation as may be necessary to obtain criminal justice information
pursuant to A.R.S. § 41-1750(G)(4); (2) act on newly acquired information whether or not such
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.
Remainder of this page intentionally blank.





				

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





				

EXHIBIT E TO AGREEMENT
PERFORMANCE BOND
STATUTORY PERFORMANCE BOND PURSUANT TO
TITLE 34, CHAPTER 2, ARTICLE 2,
OF THE ARIZONA REVISED STATUTES
(Penalty of this bond must be 100% of the Bond amount)
KNOW ALL MEN BY THESE PRESENTS: That,   
 
 
 
 
 (hereinafter called the
Principal), as Principal, and  
 
 
 
 
 a corporation organized and existing under the law
of the State of   
 
 with its principal office in the City of
, 
(hereinafter
called the Surety), as Surety, are held and firmly bound unto the City of Chandler, County of Maricopa, State of Arizona,
in the amount of
Dollars    ($
), 
for 
the
payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors
and assigns, jointly and severely, firmly by these presents.
WHEREAS, the Principal has entered into a certain written Contract with the City of Chandler, Dated the
________ day of
, _______, for Electrical Maintenance, Repair, and Installation, BF2-910-
4768, which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copies at length
herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
faithfully perform and fulfill all the undertakings, covenants terms, conditions, and agreements of said contract during
the original term of said Contract and any extensions thereof, with or without notice to the Surety, and during the life of
any warranty required under the contract, and shall also perform and fulfill all the undertakings, covenants, terms, condi-
tions, and agreements of any and all duly authorized modifications of conditions of said Contract that may hereafter be
made, notice of which modifications to the Surety being hereby waived; then the above obligations shall be void,
otherwise to remain in full force and effect.
PROVIDED, HOWEVER that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2
of the Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of
said Title, Chapter and Article, to the extent as if it were copied at length herein.
The prevailing party in a suit on this bond shall be entitled to such reasonable attorney's fees as may be fixed by a
judge of the Court.
Witness our hands this ____ day of
, 2020.
                   PRINCIPAL
                              SEAL
AGENT OF RECORD
BY
                   SURETY
                             SEAL
AGENT ADDRESS





				

EXHIBIT F TO AGREEMENT
PAYMENT BOND
ARIZONA STATUTORY PAYMENT BOND
PURSUANT TO TITLES 28, 34, AND 41, OF THE ARIZONA REVISED STATUTES
(Penalty of this Bond must be 100% of the Contract amount)
KNOW ALL MEN BY THESE PRESENTS:
THAT:
(hereinafter “Principal”), as Principal, and
 
 
 
 (hereinafter “Surety”), a corporation organized and existing under the laws of the
State of  
 
 
 with its principal office in the City of
, holding a certificate of
authority to transact surety business in Arizona issued by the Director of the Department of Insurance
pursuant to Title 20, Chapter 2, Article 1, as Surety, are held and firmly bound unto the City of Chandler,
(hereinafter “Obligee”) County of Maricopa, State of Arizona, in the amount of
 
 
 
 
 
 Dollars  ($
), for the payment whereof, the said
Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written Contract with the City of Chandler, dated the
 
 
 day of   
 
 
 , 20 
, for Electrical Maintenance, Repair, and Installation
Services, BF2-910-4768, which Contract is hereby referred to and made a part hereof as fully and to the same
extent as if copies at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLICATION IS SUCH, that if the Principal promptly pays
all moneys due to all persons supplying labor or materials to the Principal or the Principal’s subcontractors in
the prosecution of the work provided for in said contract, this obligation is void.  Otherwise it remains in full
force and effect.
PROVIDED, HOWEVER that this bond is executed pursuant to the provisions of Title 34, Chapter 2,
Article 2 Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the
provisions, conditions and limitations of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the same
extent as if it were copied at length in this agreement.
The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney
fees that may be fixed by a judge of the court.
Witness our hands this  
 
 
 day of
, 20 
.
PRINCIPAL
SEAL
AGENT OF RECORD
BY
SURETY
SEAL
AGENT ADDRESS





				

Hot Work Permit Procedure
A hot work permit is required in advance of any work requiring heat or open flame to complete
within a city facility. Hot work procedures include welding, torch cutting, grinding, brazing, flame
soldering, hot tar projects, portable gas procedures and other work where there is potential for fire.
The Hot work Permit form will be filled out after analysis of hot work area is done.  It is then reviewed
by the supervisor to ensure the proper precautions have been documented on the Hot Work Permit.
The permit is then posted adjacent to the work area and when the job is completed it removed and
the supervisor retains the permit for a period of one year.
Jobs will be terminated when they are outside of the constraints and procedures indicated on the
Hot Work Permit.  The permit will be maintained in effect during the time a fire watch is required.
Other issues that may need to be considered include:
1)
Whether or not it is a confined space (see “confined space permit”)
2)
Whether shielding (e.g., UV rays, sparks) to protect workers other than the welder is needed.
3)
PPE for welder such as proper welding hood, gloves, chaps, etc.
4)
How fire alarm and suppression systems will be handled (e.g., minimizing false alarms while
maintaining maximum fire protection)





				

EXHIBIT G TO AGREEMENT
PERMIT FORM
Date:
Location:
Nature of Work:
Equipment
Name:
Permit Expires (within 24 hrs.) Time:
PRECAUTIONS:
Yes 
No 
N/A
Fire Sprinklers in service
_____
_____
_____
Cutting/welding equipment in good repair
_____
_____
_____
Fire Extinguisher on hand
_____
_____
_____
PRECAUTIONS WITHIN 35' OF WORK:
Floors free of combustibles
_____
_____
_____
Combustible floors protected
_____
_____
_____
Flammable liquids removed or protected
_____
_____
_____
Explosive atmosphere in area eliminated
_____
_____
_____
All walls and floors opening covered
_____
_____
_____
Fire resistant coverings under work
_____
_____
_____
WORK ON WALLS, CEILINGS OR FLOORS:
Construction is non-combustible
_____
_____
_____
Combustibles moved away from other side of the wall
_____
_____
_____
WORK ON ENCLOSED EQUIPMENT:
Enclosed equipment cleared of all combustibles
_____
_____
_____
Containers purged of flammable/combustible liquids and gases
_____
_____
_____
FIRE WATCH:
Fire watch will be maintained during and for at least 30 minutes after
completion
_____ _____ _____
Fire watcher is trained in use of this equipment and in sounding alarm
_____
_____
_____
Fire watcher is supplied with appropriate fire extinguisher
_____
_____
_____
Fire watcher checks affected, adjacent rooms
_____
_____
_____
*Applicable items must be answered "yes" (or N/A) before permit is approved.
External Contractor: Project/Number:
Project Coordinator:
Contractor Company Name:
Contractor Employee Rep.:
Approval
Supervisor:
Signature:
Contact Number:
Permit must be posted at jobsite.





				

Certificate Of Completion
Envelope Id: DE6A6C46-16D0-48FB-A8F5-10A776178818
Status: Sent
Subject: Complete with Docusign: 4768 Agreement - Hawkeye Edit1.pdf, 4678 Agreement - Hawkeye Legal Sign...
EDMS Application:  CC-AGRMTS
Source Envelope: 
Document Pages: 43
Signatures: 1
Envelope Originator: 
Certificate Pages: 5
Initials: 0
Saranna Davidson
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-07:00) Arizona
PO Box 4008
Chandler,   85244
Saranna.Davidson@chandleraz.gov
IP Address: 198.241.2.1
Record Tracking
Status: Original
             11/26/2024 | 12:54 PM
Holder: Saranna Davidson
             Saranna.Davidson@chandleraz.gov
Location: DocuSign
Security Appliance Status: Connected
Pool: StateLocal
Storage Appliance Status: Connected
Pool: City of Chandler
Location: DocuSign
Signer Events
Signature
Timestamp
Peter Trowbridge
pete@hawkeyeelectric.com
President
Security Level: Email, Account Authentication 
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 68.15.157.226
Sent: 11/26/2024 | 01:07 PM
Viewed: 11/26/2024 | 02:00 PM 
Signed: 11/26/2024 | 02:00 PM
Electronic Record and Signature Disclosure: 
      Accepted: 11/26/2024 | 02:00 PM
      ID: f0675ea7-6df0-4902-80ab-c8b3d5c000cc
Records Division
Signing Group: Records Division
Security Level: Email, Account Authentication 
(None)
Electronic Record and Signature Disclosure: 
      Not Offered via DocuSign
Daniel Brown
Daniel.Brown@chandleraz.gov
Security Level: Email, Account Authentication 
(None)
Electronic Record and Signature Disclosure: 
      Accepted: 7/1/2021 | 08:17 AM
      ID: 563d172a-e614-4b9b-b2a1-61a0afc8280a
Kevin Hartke
kevin.hartke@chandleraz.gov
Security Level: Email, Account Authentication 
(None)
Electronic Record and Signature Disclosure: 
      Accepted: 6/28/2021 | 11:17 AM
      ID: 2531f230-027c-41f7-9166-1189df6a8c8f
Dana DeLong
Dana.DeLong@chandleraz.gov
Security Level: Email, Account Authentication 
(None)
Electronic Record and Signature Disclosure:

Signer Events
Signature
Timestamp
      Accepted: 6/28/2021 | 01:03 PM
      ID: e796186e-c533-4a41-978c-34d69e29778a
In Person Signer Events
Signature
Timestamp
Editor Delivery Events
Status
Timestamp
Records Division
Records Management Administrator
City of Chandler
Signing Group: Records Division
Security Level: Email, Account Authentication 
(None)
Sent: 11/26/2024 | 02:00 PM
Electronic Record and Signature Disclosure: 
      Not Offered via DocuSign
Agent Delivery Events
Status
Timestamp
Intermediary Delivery Events
Status
Timestamp
Certified Delivery Events
Status
Timestamp
Carbon Copy Events
Status
Timestamp
Rosenda Contreras
Rosenda.Contreras@chandleraz.gov
Security Level: Email, Account Authentication 
(None)
Electronic Record and Signature Disclosure: 
      Accepted: 3/30/2022 | 01:24 PM
      ID: fd43dfe1-51e8-4292-b795-54e27b662b8e
Pete Trowbridge
pete@hawkeyeelectric.com
Security Level: Email, Account Authentication 
(None)
Electronic Record and Signature Disclosure: 
      Accepted: 11/26/2024 | 02:00 PM
      ID: f0675ea7-6df0-4902-80ab-c8b3d5c000cc
Witness Events
Signature
Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
11/26/2024 | 01:07 PM
Payment Events
Status
Timestamps
Electronic Record and Signature Disclosure

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE  
From time to time, City of Chandler (we, us or Company) may be required by law to provide to 
you certain written notices or disclosures. Described below are the terms and conditions for 
providing to you such notices and disclosures electronically through the DocuSign system. 
Please read the information below carefully and thoroughly, and if you can access this 
information electronically to your satisfaction and agree to this Electronic Record and Signature 
Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to 
use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign 
system. 
 
Getting paper copies  
At any time, you may request from us a paper copy of any record provided or made available 
electronically to you by us. You will have the ability to download and print documents we send 
to you through the DocuSign system during and immediately after the signing session and, if you 
elect to create a DocuSign account, you may access the documents for a limited period of time 
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to 
send you paper copies of any such documents from our office to you, you will be charged a 
$0.15 per-page fee. You may request delivery of such paper copies from us by following the 
procedure described below. 
 
Withdrawing your consent  
If you decide to receive notices and disclosures from us electronically, you may at any time 
change your mind and tell us that thereafter you want to receive required notices and disclosures 
only in paper format. How you must inform us of your decision to receive future notices and 
disclosure in paper format and withdraw your consent to receive notices and disclosures 
electronically is described below. 
 
Consequences of changing your mind  
If you elect to receive required notices and disclosures only in paper format, it will slow the 
speed at which we can complete certain steps in transactions with you and delivering services to 
you because we will need first to send the required notices or disclosures to you in paper format, 
and then wait until we receive back from you your acknowledgment of your receipt of such 
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to 
receive required notices and consents electronically from us or to sign electronically documents 
from us. 
 
All notices and disclosures will be sent to you electronically  
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Unless you tell us otherwise in accordance with the procedures described herein, we will provide 
electronically to you through the DocuSign system all required notices, disclosures, 
authorizations, acknowledgements, and other documents that are required to be provided or made 
available to you during the course of our relationship with you. To reduce the chance of you 
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required 
notices and disclosures to you by the same method and to the same address that you have given 
us. Thus, you can receive all the disclosures and notices electronically or in paper format through 
the paper mail delivery system. If you do not agree with this process, please let us know as 
described below. Please also see the paragraph immediately above that describes the 
consequences of your electing not to receive delivery of the notices and disclosures 
electronically from us. 
 
How to contact City of Chandler:  
You may contact us to let us know of your changes as to how we may contact you electronically, 
to request paper copies of certain information from us, and to withdraw your prior consent to 
receive notices and disclosures electronically as follows: 
To contact us by email send messages to: esignature@chandleraz.gov 
 
To advise City of Chandler of your new email address  
To let us know of a change in your email address where we should send notices and disclosures 
electronically to you, you must send an email message to us at esignature@chandleraz.gov and 
in the body of such request you must state: your previous email address, your new email 
address.  We do not require any other information from you to change your email address.  
If you created a DocuSign account, you may update it with your new email address through your 
account preferences.  
 
To request paper copies from City of Chandler  
To request delivery from us of paper copies of the notices and disclosures previously provided 
by us to you electronically, you must send us an email to esignature@chandleraz.gov and in the 
body of such request you must state your email address, full name, mailing address, and 
telephone number. We will bill you for any fees at that time, if any. 
 
To withdraw your consent with City of Chandler  
To inform us that you no longer wish to receive future notices and disclosures in electronic 
format you may:

i. decline to sign a document from within your signing session, and on the subsequent page, 
select the check-box indicating you wish to withdraw your consent, or you may; 
ii. send us an email to esignature@chandleraz.gov and in the body of such request you must state 
your email, full name, mailing address, and telephone number. We do not need any other 
information from you to withdraw consent..  The consequences of your withdrawing consent for 
online documents will be that transactions may take a longer time to process.. 
 
Required hardware and software  
The minimum system requirements for using the DocuSign system may change over time. The 
current system requirements are found here: https://support.docusign.com/guides/signer-guide-
signing-system-requirements.  
 
Acknowledging your access and consent to receive and sign documents electronically  
To confirm to us that you can access this information electronically, which will be similar to 
other electronic notices and disclosures that we will provide to you, please confirm that you have 
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for 
your future reference and access; or (ii) that you are able to email this ERSD to an email address 
where you will be able to print on paper or save it for your future reference and access. Further, 
if you consent to receiving notices and disclosures exclusively in electronic format as described 
herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before 
clicking ‘CONTINUE’ within the DocuSign system. 
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm 
that: 
x 
You can access and read this Electronic Record and Signature Disclosure; and 
x 
You can print on paper this Electronic Record and Signature Disclosure, or save or send 
this Electronic Record and Disclosure to a location where you can print it, for future 
reference and access; and 
x 
Until or unless you notify City of Chandler as described above, you consent to receive 
exclusively through electronic means all notices, disclosures, authorizations, 
acknowledgements, and other documents that are required to be provided or made 
available to you by City of Chandler during the course of your relationship with City of 
Chandler.