Public Housing Cabinet Replacement_4860
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City Clerk Document No.
Public Housing Authority Commission Meeting Date:
12/12/24
CITY OF CHANDLER SERVICES AGREEMENT
PUBLIC HOUSING KITCHEN CABINET REPLACEMENT-AMP 1
CITY OF CHANDLER AGREEMENT NO. HO5-910-4860
THIS AGREEMENT (Agreement) is made and entered into by and between the City of Chandler, an
Arizona municipal corporation (City), and Boyjin Development, LLC, a Limited Liability Company
(Contractor), (City and Contractor may individually be referred to as Party and collectively referred
to as Parties) and made
, 2024 (Effective Date).
RECITALS
A. City proposes to provide kitchen cabinet replacements as more fully described in Exhibit A, which
is attached to and made a part of this Agreement by this reference.
B. Contractor is ready, willing, and able to provide the services described in Exhibit A for the
compensation and fees set forth and as described in Exhibit B, which is attached to and made a part
of this Agreement by this reference.
C. City desires to contract with the Contractor to provide these services under the terms and
conditions set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and the mutual promises contained in this
Agreement, City and Contractor agree as follows:
SECTION I: DEFINITIONS
For purposes of this Agreement, the following definitions apply:
Agreement means the legal agreement executed between the City and the Contractor
City means the City of Chandler, Arizona
Contractor means the individual, partnership, or corporation named in the Agreement
Days means calendar days
May, Should means something that is not mandatory but permissible
Shall, Will, Must means a mandatory requirement
SECTION II: CONTRACTOR’S SERVICES
Contractor must perform the services described in Exhibit A to the City’s satisfaction within the
terms and conditions of this Agreement and within the care and skill that a person who provides
similar services in Chandler, Arizona exercises under similar conditions. All work or services
furnished by Contractor under this Agreement must be performed in a skilled and workmanlike
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manner. Unless authorized by the City in writing, all fixtures, furnishings, and equipment furnished
by Contractor as part of the work or services under this Agreement must be new, or the latest
model, and of the most suitable grade and quality for the intended purpose of the work or service.
SECTION III: PERIOD OF SERVICE
Contractor must perform the services described in Exhibit A for the term of this Agreement.
Following execution of this Agreement by City, the Contractor will immediately commence work and
will complete all services described within 90 calendar days from the date the Contractor is notified
to proceed.
SECTION lV: PAYMENT OF COMPENSATION AND FEES
4.1 Unless amended in writing by the Parties, Contractor's compensation and fees as more fully
described in Exhibit B for performance of the services approved and accepted by the City under this
Agreement must not exceed $197,637.92. Contractor must submit requests for payment for
services approved and accepted during the previous billing period and must include, as applicable,
detailed invoices and receipts, a narrative description of the tasks accomplished during the billing
period, a list of any deliverables submitted, and any subcontractor’s or supplier’s actual requests
for payment plus similar narrative and listing of their work. Payment for those services negotiated
as a lump sum will be made in accordance with the percentage of the work completed during the
preceding billing period. Services negotiated as a not-to-exceed fee will be paid in
accordance with the work completed on the service during the preceding month. All requests
for payment must be submitted to the City for review and approval. The City will make payment for
approved and accepted services within 30 days of the City’s receipt of the request for payment.
4.2 Applicable Taxes. The Contractor will pay all applicable taxes. The City is subject to all applicable
state and local transaction privilege taxes. To the extent any state and local transaction privilege
taxes apply to sales made under the terms of this Agreement, it is the responsibility of the
Contractor to collect and remit all applicable taxes to the proper taxing jurisdiction of authority.
4.3 Tax Indemnification. The Contractor and all subcontractors will pay all Federal, state, and local
taxes applicable to its operation and any persons employed by the Contractor. The Contractor will
and require all subcontractors to hold the City harmless from any responsibility for taxes, damages,
and interest, if applicable, contributions required under Federal, state, and local laws and
regulations and any other costs including transaction privilege taxes, unemployment compensation
insurance, Social Security, and Worker’s Compensation.
4.4 All prices offered herein shall be firm against any increase for the initial term of the Agreement.
Prior to commencement of subsequent renewal terms, the City may approve a fully documented
request for a price adjustment. The City shall determine whether any requested price increases for
extension terms is acceptable to the City. If the City approves the price increase, the price shall
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.
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SECTION V: GENERAL CONDITIONS
5.1 Records/Audit. Records of the Contractor's direct personnel payroll, reimbursable expenses
pertaining to this Agreement and records of accounts between the City and Contractor must be
kept on the basis of generally accepted accounting principles and must be made available to the
City and its auditors for up to three years following the City’s final acceptance of the services under
this Agreement. The City, its authorized representative, or any federal agency, reserves the right to
audit Contractor's records to verify the accuracy and appropriateness of all cost and pricing data,
including data used to negotiate this Agreement and any amendments. The City reserves the right
to decrease the total amount of Agreement price or payments made under this Agreement or
request reimbursement from the Contractor following final contract payment on this Agreement if,
upon audit of the Contractor's records, the audit discloses the Contractor has provided false,
misleading, or inaccurate cost and pricing data. The Contractor will include a similar provision in all
of its contracts with subcontractors providing services under the Agreement Documents to ensure
that the City, its authorized representative, or the appropriate federal agency, has access to the
subcontractors’ records to verify the accuracy of all cost and pricing data. The City reserves the right
to decrease Contract price or payments made on this Agreement or request reimbursement from
the Contractor following final payment on this Agreement if the above provision is not included in
subcontractor agreements, and one or more subcontractors refuse to allow the City to audit their
records to verify the accuracy and appropriateness of all cost and pricing data. If, following an audit
of this Agreement, the audit discloses the Contractor has provided false, misleading, or inaccurate
cost and pricing data, and the cost discrepancies exceed 1% of the total Agreement billings, the
Contractor will be liable for reimbursement of the reasonable, actual cost of the audit.
5.2 Alteration in Character of Work. Whenever an alteration in the character of work results in a
substantial change in this Agreement, thereby materially increasing or decreasing the scope of
services, cost of performance, or Project schedule, the work will be performed as directed by the
City. However, before any modified work is started, a written amendment must be approved and
executed by the City and the Contractor. Such amendment must not be effective until approved by
the City. Additions to, modifications, or deletions from this Agreement as provided herein may be
made, and the compensation to be paid to the Contractor may accordingly be adjusted by mutual
agreement of the Parties. It is distinctly understood and agreed that no claim for extra work done
or materials furnished by the Contractor will be allowed by the City except as provided herein, nor
must the Contractor do any work or furnish any materials not covered by this Agreement unless
such work is first authorized in writing. Any such work or materials furnished by the Contractor
without prior written authorization will be at Contractor's own risk, cost, and expense, and
Contractor hereby agrees that without written authorization Contractor will make no claim for
compensation for such work or materials furnished.
5.3 Termination for Convenience. The City and the Contractor hereby agree to the full
performance of the covenants contained herein, except that the City reserves the right, at its
discretion and without cause, to terminate or abandon any service provided for in this
Agreement, or abandon any portion of the Project for which services have been performed by
the Contractor. In the event the City abandons or suspends the services, or any part of the
services as provided in this Agreement, the City will notify the Contractor in writing and
immediately after receiving such notice, the Contractor must discontinue advancing the work
specified under this Agreement. Upon such termination, abandonment, or suspension, the
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Contractor must deliver to the City all drawings, plans, specifications, special provisions,
estimates and other work entirely or partially completed, together with all unused materials
supplied by the City. The Contractor must appraise the work Contractor has completed and
submit Contractor's appraisal to the City for evaluation. The City may inspect the Contractor's
work to appraise the work completed. The Contractor will receive compensation in full for
services performed to the date of such termination. The fee shall be paid in accordance with
Section IV of this Agreement, and as mutually agreed upon by the Contractor and the City. If
there is no mutual agreement on payment, the final determination will be made in accordance
with the Disputes provision in this Agreement. However, in no event may the payment exceed
the payment set forth in this Agreement nor as amended in accordance with Alteration in
Character of Work. The City will make the final payment within 60 days after the Contractor has
delivered the last of the partially completed items and the Parties agree on the final payment.
If the City is found to have improperly terminated the Agreement for cause or default, the
termination will be converted to a termination for convenience in accordance with the
provisions of this Agreement.
5.4 Termination for Cause. The City may terminate this Agreement for Cause upon the occurrence
of any one or more of the following events: in the event that (a) the Contractor fails to perform
pursuant to the terms of this Agreement, (b) the Contractor is adjudged a bankrupt or insolvent, (c)
the Contractor makes a general assignment for the benefit of creditors, (d) a trustee or receiver is
appointed for Contractor or for any of Contractor’s property (e) the Contractor files a petition to
take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, (f) the
Contractor disregards laws, ordinances, rules, regulations or orders of any public body having
jurisdiction, or (g) the Contractor fails to cure default within the time requested. Where Agreement
has been so terminated by City, the termination will not affect any rights of City against Contractor
then existing or which may thereafter accrue.
5.5 Indemnification. The Contractor (lndemnitor) must indemnify, defend, save and hold
harmless the City and its officers, officials, agents and employees (lndemnitee) from any and
all claims, actions, liabilities, damages, losses or expenses (including court costs, attorneys' fees
and costs of claim processing, investigation and litigation) (Claims) caused or alleged to be
caused, in whole or in part, by the wrongful, negligent or willful acts, or errors or omissions of
the Contractor or any of its owners, officers, directors, agents, employees, or subcontractors in
connection with this Agreement. This indemnity includes any claim or amount arising out of or
recovered under workers' compensation law or on account of the failure of the Contractor to
conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree.
The Contractor must indemnify lndemnitee from and against any and all Claims, except those
arising solely from lndemnitee's own negligent or willful acts or omissions. The Contractor is
responsible for primary loss investigation, defense and judgment costs where this
indemnification applies. In consideration of the award of this Agreement, the Contractor agrees
to waive all rights of subrogation against lndemnitee for losses arising from or related to this
Agreement. The obligations of the Contractor under this provision survive the termination or
expiration of this Agreement.
5.6 Insurance Requirements. Contractor must procure insurance under the terms and
conditions and for the amounts of coverage set forth in Exhibit C against claims that may arise
from or relate to performance of the work under this Agreement by Contractor and its agents,
representatives, employees, and subcontractors. Contractor and any subcontractors must
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maintain this insurance until all of their obligations have been discharged, including any
warranty periods under this Agreement. These insurance requirements are minimum
requirements for this Agreement and in no way limit the indemnity covenants contained in this
Agreement. The City in no way warrants that the minimum limits stated in Exhibit C are
sufficient to protect the Contractor from liabilities that might arise out of the performance of
the work under this Agreement by the Contractor, the Contractor’s agents, representatives,
employees, or subcontractors. Contractor is free to purchase such additional insurance as may
be determined necessary.
5.7 Cooperation and Further Documentation. The Contractor agrees to provide the City such
other duly executed documents as may be reasonably requested by the City to implement the
intent of this Agreement.
5.8 Notices. Unless otherwise provided, notice under this Agreement must be in writing and
will be deemed to have been duly given and received either (a) on the date of service if
personally served on the party to whom notice is to be given, or (b) on the date notice is sent if
by electronic mail, or (c) on the third day after the date of the postmark of deposit by first class
United States mail, registered or certified, postage prepaid and properly addressed as follows:
For the City
For the Contractor
Name: Raquel McMahon Name: Lance Boyajian
Title: Procurement Officer Title: Owner
Address: 175 S. Arizona Ave. Address: PO Box 1496
Chandler, AZ 85225 Glendale, AZ 85311
Phone: 480-782-2400 Phone: 602-278-0211
Email: raquel.mcmahon@chandleraz.gov Email: office@absolutecomfortcooling.com
5.9 Successors and Assigns. City and Contractor each bind itself, its partners, successors,
assigns, and legal representatives to the other party to this Agreement and to the partners,
successors, assigns, and legal representatives of such other party in respect to all covenants of
this Agreement. Neither the City nor the Contractor may assign, sublet, or transfer its interest
in this Agreement without the written consent of the other party. In no event may any
contractual relation be created between any third party and the City.
5.10 Disputes. In any dispute arising out of an interpretation of this Agreement or the duties
required not disposed of by agreement between the Contractor and the City, the final
determination at the administrative level will be made by the City Purchasing and Materials
Manager.
5.11 Completeness and Accuracy of Contractor's Work. The Contractor must be responsible for
the completeness and accuracy of Contractor's services, data, and other work prepared or
compiled under Contractor's obligation under this Agreement and must correct, at Contractor's
expense, all willful or negligent errors, omissions, or acts that may be discovered. The fact that
the City has accepted or approved the Contractor's work will in no way relieve the Contractor
of any of Contractor's responsibilities.
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5.12 Withholding Payment. The City reserves the right to withhold funds from the Contractor's
payments up to the amount equal to the claims the City may have against the Contractor until
such time that a settlement on those claims has been reached.
5.13 City's Right of Cancellation. The Parties acknowledge that this Agreement is subject to
cancellation by the City under the provisions of Section 38-511, Arizona Revised Statutes
(A.R.S.).
5.14 Independent Contractor. For this Agreement the Contractor constitutes an independent
contractor. Any provisions in this Agreement that may appear to give the City the right to direct
the Contractor as to the details of accomplishing the work or to exercise a measure of control
over the work means that the Contractor must follow the wishes of the City as to the results of
the work only. These results must comply with all applicable laws and ordinances.
5.15 Project Staffing. Prior to the start of any work under this Agreement, the Contractor must
assign to the City the key personnel that will be involved in performing services prescribed in
the Agreement. The City may acknowledge its acceptance of such personnel to perform
services under this Agreement. At any time hereafter that the Contractor desires to change key
personnel while performing under the Agreement, the Contractor must submit the
qualifications of the new personnel to the City for prior approval. The Contractor will maintain
an adequate and competent staff of qualified persons, as may be determined by the City,
throughout the performance of this Agreement to ensure acceptable and timely completion of
the Scope of Services. If the City objects, with reasonable cause, to any of the Contractor's staff,
the Contractor must take prompt corrective action acceptable to the City and, if required,
remove such personnel from the Project and replace with new personnel agreed to by the City.
5.16 Subcontractors. Prior to beginning the work, the Contractor must furnish the City for
approval the names of subcontractors to be used under this Agreement. Any subsequent
changes are subject to the City’s written prior approval.
5.17 Force Majeure. If either party is delayed or prevented from the performance of any act
required under this Agreement by reason of acts of God or other cause beyond the control and
without fault of the Party (financial inability excepted), performance of that act may be excused,
but only for the period of the delay, if the Party provides written notice to the other Party within
ten days of such act. The time for performance of the act may be extended for a period
equivalent to the period of delay from the date written notice is received by the other Party.
5.18 Compliance with Laws. Contractor understands, acknowledges, and agrees to comply with
the Americans with Disabilities Act, the Immigration Reform and Control Act of 1986 and the
Drug Free Workplace Act of 1989. All services performed by Contractor must also comply with
all applicable City of Chandler codes, ordinances, and requirements. Contractor agrees to
permit the City to verify Contractor’s compliance.
5.19 No Israel Boycott. By entering into this Agreement, Contractor certifies that Contractor is
not currently engaged in, and agrees for the duration of the Agreement, not to engage in a
boycott of Israel as defined by state statute.
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5.20 Legal Worker Requirements. A.R.S. § 41-4401 prohibits the City from awarding a contract
to any contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A).
Therefore, Contractor agrees Contractor and each subcontractor it uses warrants their
compliance with all federal immigration laws and regulations that relate to their employees
and their compliance with§ 23-214, subsection A. A breach of this warranty will be deemed a
material breach of the Agreement and may be subject to penalties up to and including
termination of the Agreement. City retains the legal right to inspect the papers of any
Contractor’s or subcontractor’s employee who provides services under this Agreement to
ensure that the Contractor and subcontractors comply with the warranty under this provision.
5.21 Lawful Presence Requirement. A.R.S. §§ 1-501 and 1-502 prohibit the City from awarding
a contract to any natural person who cannot establish that such person is lawfully present in
the United States. To establish lawful presence, a person must produce qualifying identification
and sign a City-provided affidavit affirming that the identification provided is genuine. This
requirement will be imposed at the time of contract award. This requirement does not apply
to business organizations such as corporations, partnerships, or limited liability companies.
5.22 Forced Labor of Ethnic Uyghurs Prohibited. By entering into this Agreement, Contractor
certifies and agrees Contractor does not currently use and will not use for the term of this
Agreement: (i) the forced labor of ethnic Uyghurs in the People's Republic of China; or (ii) any
goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of
China; or (iii) any contractors, subcontractors or suppliers that use the forced labor or any
goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of
China.
5.23 Covenant Against Contingent Fees. Contractor warrants that no person has been
employed or retained to solicit or secure this Agreement upon an agreement or understanding
for a commission, percentage, brokerage, or contingent fee, and that no member of the
Chandler City Council, or any City employee has any interest, financially, or otherwise, in
Contractor’s firm. For breach or violation of this warrant, the City may annul this Agreement
without liability or, at its discretion, to deduct from the Agreement price or consideration, the
full amount of such commission, percentage, brokerage, or contingent fee.
5.24 Non-Waiver Provision. The failure of either Party to enforce any of the provisions of this
Agreement or to require performance of the other Party of any of the provisions hereof must
not be construed to be a waiver of such provisions, nor must it affect the validity of this
Agreement or any part thereof, or the right of either Party to thereafter enforce each and every
provision.
5.25 Disclosure of Information Adverse to the City’s Interests. To evaluate and avoid potential
conflicts of interest, the Contractor must provide written notice to the City, as set forth in this
Section, of any work or services performed by the Contractor for third parties that may involve
or be associated with any real property or personal property owned or leased by the City. Such
notice must be given seven business days prior to commencement of the services by the
Contractor for a third party, or seven business days prior to an adverse action as defined below.
Written notice and disclosure must be sent to the City’s Purchasing and Materials Manager. An
adverse action under this Agreement includes, but is not limited to: (a) using data as defined in
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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
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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.
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5.33 Time is of the Essence. Time of each of the terms, covenants, and conditions of this
Agreement is hereby expressly made of the essence.
5.34 Date of Performance. If the date of performance of any obligation or the last day of any
time period provided for should fall on a Saturday, Sunday, or holiday for the City, the
obligation will be due and owing, and the time period will expire, on the first day after which is
not a Saturday, Sunday or legal City holiday. Except as may otherwise be set forth in this
Agreement, any performance provided for herein will be timely made if completed no later
than 5:00 p.m. (Chandler time) on the day of performance.
5.35 Delivery. All prices are F.O.B. Destination and include all delivery and unloading at the
specified destinations. The Contractor will retain title and control of all goods until they are
delivered and accepted by the City. All risk of transportation and all related charges will be the
responsibility of the Contractor. All claims for visible or concealed damage will be filed by the
Contractor. The City will notify the Contractor promptly of any damaged goods and will assist
the Contractor in arranging for inspection.
5.36 Third Party Beneficiary. Nothing under this Agreement will be construed to give any rights
or benefits in the Agreement to anyone other than the City and the Contractor, and all duties
and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive
benefit of City and the Contractor and not for the benefit of any other party.
5.37 Conflict in Language. All work performed must conform to all applicable City of Chandler
codes, ordinances, and requirements as outlined in this Agreement. If there is a conflict in
interpretation between provisions in this Agreement and those in the Exhibits, the provisions
in this Agreement prevail.
5.38 Document/Information Release. Documents and materials released to the Contractor,
which are identified by the City as sensitive and confidential, are the City’s property. The
document/material must be issued by and returned to the City upon completion of the services
under this Agreement. Contractor’s secondary distribution, disclosure, copying, or duplication
in any manner is prohibited without the City’s prior written approval. The document/material
must be kept secure at all times. This directive applies to all City documents, whether in
photographic, printed, or electronic data format.
5.39 Exhibits. The following exhibits are made a part of this Agreement and are incorporated
by reference:
Exhibit A - Project Description/Scope of Services
Exhibit B - Compensation and Fees
Exhibit C - Insurance Requirements
Exhibit D - Special Conditions
5.40 Special Conditions. As part of the services Contractor provides under this Agreement,
Contractor agrees to comply with and fully perform the special terms and conditions set forth
in Exhibit D, which is attached to and made a part of this Agreement.
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5.41 Cooperative Use of Agreement. In addition to the City of Chandler and with approval of
the Contractor, this Agreement may be extended for use by other municipalities, school
districts and government agencies of the State. Any such usage by other entities must be in
accordance with the ordinance, charter and/or procurement rules and regulations of the
respective political entity.
If required to provide services on a school district property at least five times during a month,
the Contractor will submit a full set of fingerprints to the school of each person or employee
who may provide such service. The District will conduct a fingerprint check in accordance with
A.R.S. 41-1750 and Public Law 92-544 of all Contractors, subcontractors or vendors and their
employees for which fingerprints are submitted to the District. Additionally, the Contractor will
comply with the governing body fingerprinting policies of each individual school district/public
entity. The Contractor, sub-contractors, vendors and their employees will not provide services
on school district properties until authorized by the District.
Orders placed by other agencies and payment thereof will be the sole responsibility of that
agency. The City will not be responsible for any disputes arising out of transactions made by
other agencies who utilize this Agreement.
5.42 Non-Discrimination and Anti-Harassment Laws. Contractor must comply with all
applicable City, state, and federal non-discrimination and anti-harassment laws, rules, and
regulations.
5.43 Licenses and Permits. Beginning with the Effective Date and for the full term of this
Agreement, Contractor must maintain all applicable City, state, and federal licenses and
permits required to fully perform Contractor’s services under this Agreement.
5.44 Warranties. Contractor must furnish a one-year warranty on all work and services
performed under this Agreement. Contractor must furnish, or cause to be furnished, a two-
year warranty on all fixtures, furnishings, and equipment furnished by Contractor,
subcontractors, or suppliers under this Agreement. Any defects in design, workmanship, or
materials that do not comply with this Agreement must be corrected by Contractor (including,
but not limited to, all parts and labor) at Contractor’s sole cost and expense. All written
warranties and redlines for as-built conditions must be delivered to the City on or before the
City’s final acceptance of Contractor’s services under this Agreement.
5.45 Emergency Purchases. City reserves the rights to purchase from other sources those
items, which are required on an emergency basis and cannot be supplied immediately by the
Contractor.
5.46 Non-Exclusive Agreement. This agreement is for the sole convenience of the City of
Chandler. The City reserves the right to obtain like goods or services from another source when
necessary.
5.47 Budget Approval Into Next Fiscal Year. This Agreement will commence on the Effective Date
and continue in full force and effect until it is terminated or expires in accordance with the
provisions of this Agreement. The Parties recognize that the continuation of this Agreement after
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the close of the City's fiscal year, which ends on June 30 of each year, is subject to the City Council's
approval of a budget that includes an appropriation for this item as expenditure. The City does not
represent that this budget item will be actually adopted. This determination is solely made by the
City Council at the time Council adopts the budget.
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This Agreement shall be in full force and effect only when it has been approved and executed
by the duly authorized City officials.
FOR THE CITY
FOR THE CONTRACTOR
By: _________________________________________
By: _________________________________________
Its: ___________Mayor________________________
Its: _________________________________________
APPROVED AS TO FORM:
By: _________________________________________
City Attorney
ATTEST:
By: _________________________________________
City Clerk
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President
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EXHIBIT A TO AGREEMENT
KITCHEN CABINET AMP-1 REPLACEMENT 2024
Contractor to replace kitchen cabinets, countertops, sink, drains, and associated plumbing at 24
housing apartment units. The Contractor shall supply all materials, equipment, labor, services, and
transportation required to perform the work in a complete and professional manner. Selected
Contractor shall comply with the HUD special requirements as noted in the HUD documents attached.
The Department of Housing & Urban Development (HUD) funds this project. The awarded Contractor
shall comply with the HUD requirements as noted in the HUD documents. This is a Labor Standards
Act, Davis-Bacon and Related Acts (DBRA) wage rate project. Workers shall receive the minimum wage
rate and fringe benefits for the work classification.
1 SCOPE OF WORK: The work under this contract will be performed on 24 Public Housing
apartment units listed in the Pricing Sheet (Exhibit A) and Site Map (Exhibit B).
The work under this contract includes the removal and replacement of all kitchen cabinets,
countertops, sinks, faucets, shut-off valves, pipe, escutcheons, supply lines, sink drain/traps, range
hoods, vent pipe, roof jacks, plumbing fittings, drywall, trim, and other miscellaneous items
required to complete this project.
The cabinets shall be shaker style HUD approved severe use cabinets as referenced in paragraph
3 or “or equal”. You may use a local vendor that can meet the HUD standards. All cabinets must
bear the KCMA A161.1 stamp.
Cabinets and counter tops shall be constructed of solid lumber and/or exterior grade plywood
with wood veneer core, no particleboard, flake board, fiberboard, hardboard, or engineered
wood not allowed.
Contractor will be required to replace any floor tile not covered by new cabinets, cabinets shall be
installed on the same footprint as old cabinets, matching existing color as close as possible.
Contractor will be required to repair, texture, and paint any wall surface not covered by new
cabinets.
Contractor is responsible for the proper disposal of all demolished material from this project. The
city will provide a space for a roll away dumpster.
Contractor shall follow the UNIFORM FEDERAL ACCESSIBILITY STANDARDS in the following
units: #5, #12 & #25.
This project occurs on occupied Public Housing sites where the protection of the residents and the
public is essential. The dwelling units will be occupied during construction. It is the responsibility
of the Contractor to maintain safety for each unit during demolition and construction.
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All demolition and replacement work shall be performed in accordance with applicable rules,
regulations, codes, and ordinances of local, State and Federal authorities.
1.1 DEMOLITION :
1.1.1 Contractor shall remove and properly dispose of all existing cabinets, countertops,
and trim materials.
1.1.2 Contractor shall remove and dispose of all supply valves, supply lines, traps and other
old plumbing fittings.
1.1.3 Contractor shall remove range hood vent pipe.
1.1.4 Demo drywall and cast-iron drains behind cabinets in the units identified in Exhibit A.
1.2 WALL CABINETS:
1.2.1 Color: Mocha
1.2.2 Cabinets are to be centered within the designated opening, and installed plumb and
level.
1.2.3 There are to be enough screws, of sufficient length and diameter to support each
cabinet under heavy load.
1.2.4 All screws will have a beveled chrome or gold washer installed under the head. All
unused screw holes will be filled with matching color wood filler.
1.2.5 All cabinets will be trimmed out so that no space exists between cabinet and wall,
ceiling or soffit.
1.2.6 All trim and filler material will match new cabinets, and nailed sufficiently to prevent
movement.
1.2.7 Adjust all doors to close evenly and have equal reveal.
1.2.8 All cabinet doors and drawers will have factory installed rubber bumpers to cushion
operation.
1.2.9 Contractor will seal all cracks or other openings around cabinets, countertops, ducts,
floors, pipes, drains, etc. to prevent the entrance of insects.
1.2.10 All caulking will be mildew proof, and installed in a neat and professional manor.
1.2.11 Caulking will not exceed in width the manufacturer’s specifications.
1.2.12 Cabinet corners shall be blind corners.
1.3 BASE CABINETS:
1.3.1 Color: Mocha
1.3.2 Cabinets are to be centered within the designated opening, and installed plumb and
level.
1.3.3 There are to be enough screws of sufficient length to support the cabinet at top and
bottom and hold cabinet firmly against the wall.
1.3.4 All screws will have a beveled chrome or gold washer installed under the head.
1.3.5 All unused screw holes will be filled with matching color wood filler.
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1.3.6 All cabinets will be trimmed out so that no space exists between cabinet and end
walls.
1.3.7 All trim and filler material will match new cabinets, and nailed sufficiently to prevent
movement.
1.3.8 Adjust all doors to close evenly and have equal reveal.
1.3.9 Cut openings in cabinet backs just large enough for plumbing and/or electrical box to
enter.
1.3.10 All openings will be sealed with a mildew proof clear caulk prior to installing
escutcheons or covers. Cabinets are not to be modified in any way.
1.3.11 All wood that will come into contact with the floor will be treated lumber.
1.3.12 Contractor will seal all cracks or other openings around cabinets, countertops, ducts,
floors, pipes, drains, etc. to prevent the entrance of insects.
1.3.13 All caulking will be mildew proof, and installed in a neat and professional manor.
1.3.14 New cabinets will cover no existing clean-outs.
1.3.15 All clean-outs will be extended (where necessary) so as to extend inside the new
cabinet, leaving enough room for a cap or plug, and escutcheons to be installed.
1.3.16 Contractor will properly close and seal any wall openings located behind cabinets
before installing new cabinets.
1.3.17 Cabinet corners shall be blind corners.
1.4 Countertops
1.4.1 Color: Milano Quartz
1.4.2 Type: Post Formed with integral backsplashes, Radius Corners, Continuous Laminate,
Flat Roll Front Edge, ¾” Plywood.
1.4.3 Particleboard, flake board, fiberboard, hardboard or engineered wood not
allowed.
1.4.4 Install countertops level from side to side and front to back.
1.4.5 Glue and screw seams tightly together so as to provide an apparent invisible seam.
1.4.6 Wall scoring will be kept to a minimum.
1.4.7 Space between countertop and wall will not exceed ¼” and will be filled with a mildew
proof, paintable caulk (color to match countertop).
1.4.8 All other areas between countertop and walls will be sealed with a mildew proof,
paintable caulk (color to match countertop).
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1.5 FLOORS
1.5.1 In the event the new cabinets do not overlap the existing floor tile, the contractor will
match the existing floor tile as close as possible, and replace as required to cover all
exposed concrete.
1.5.2 Seams will be tight, and all excess adhesive removed from tile.
1.5.3 Armstrong – Imperial Tile, 1/8 inch, 12” x 12”, Color: match existing. VCT adhesive will
not contain any asbestos.
1.5.4 Existing floor material does not contain asbestos.
1.5.5 Floor will be free of any material that could result in an uneven finish on new tile.
1.5.6 Contractor will supply and install 4” rubber cove base (black) over all cabinet toe-kicks,
using an approved troweled-on cove base adhesive.
1.5.7 Contractor will supply and install preformed rubber cove base corners (black) on all
outside corners.
1.6 WALLS
1.6.1 In the event the new cabinets and/or countertops do not cover the same area as the
old cabinets or countertops, the contractor (as part of this project, and at no
additional cost to the City) will clean, repair, texture (to match existing), and repaint all
such areas so as to blend in and match the finished walls. Contractor will supply
paint.
1.6.2 Replace removed drywall behind the sink. Tape, mud, and paint only the exposed
drywall that the cabinets do not cover. ADA unit will have the drywall match existing
wall.
1.6.3 Touch up painting will match existing color as close as possible; painting will be from
corner to corner or edge to edge.
1.7 PLUMBING & FIXTURES
1.7.1 Contractor will supply and install new 3-hole stainless steel sink, 8-inch depth, 18 Ga.
kitchen sink in each unit.
1.7.2 Contractor will supply and install new Moen “or equal” 2- handle kitchen faucet.
1.7.3 Chalk sink rim prior to installation using a mildew proof caulk.
1.7.4 Any plumbing moves, adjustments, special fittings, upgrades, etc., required to provide
a complete and professional cabinet and sink install will be the responsibility of the
contractor.
1.7.5 Contractor will supply and install properly sized escutcheons around all drains, supply
lines, and cleanouts.
1.7.6 If none exists, the contractor will install a clean-out in the sink base cabinet.
1.7.7 Replace the existing cast iron drains with ABS.
1.7.8 Cut cast iron drains as close as possible to foundation installing a no hub coupling to
new ABS drains.
1.7.9 During this project, the contractor will replace all the following:
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1.7.9.1 New ¼ turn angle stops, brass/chrome. No plastic valves allowed.
1.7.9.2 New flexible braided stainless steel supply lines.
1.7.9.3 New ABS slip traps & ABS drain from sink to wall
1.7.9.4 New baskets and strainers.
1.7.9.5 New chrome escutcheons on supply and drain lines.
1.8 RANGE HOODS
1.8.1 Contractor shall install a new Broan “or equal” 30 inch, 7 inch round duct, light and 2-
speed fan, white, recirculating, in each unit.
1.8.2 Contractor will supply and install new range hoods mounted no less than 30 inches
from the stove cooking top.
1.8.3 Contractor shall supply new 6 inch metal duct pipe for range hood exhaust and roof
jack with venting cap.
1.8.3.1 Pipe shall be 30 gauge galvanized steel
1.8.3.2 Roof jack with venting cap shall be 28 gauge galvanized steel.
1.9 ELECTRICAL
1.9.1 New cabinets or countertop will cover no existing electrical outlet, junction box or
switch. Contractor will move or remove any such device for the proper installation of
cabinets.
1.9.2 No live wiring will be permitted except in an approved junction box with cover and is
in an accessible area.
2 REFERENCE STANDARDS
2.1.1 Comply with the following Reference Standards:
2.1.1.1 1. Cabinets:
a. HUD Minimum Property standards for Housing.
b. ANSI/KCMA A161.1 - Recommended Performance and Construction
Standards for
2.1.1.2 Kitchen and Vanity Cabinets.
A. Plywood:
a. ANSI/HPMA HP - Hardwood and Decorative Plywood
b. US Product Standard PS 1 - Softwood Plywood, Construction and
Industrial
B. Pressure Treating Lumber: AWPA Standard C2 - Lumber, Timbers, Bridge
Ties and Mine Ties - Preservative Treatment by Pressure Process.
2.1.1.3 Cabinet Hardware: ANSI/BHMA A156.9 Cabinet Hardware.
2.1.1.4 Plastic Laminate Countertops: ANSI 161.2 - Performance Standards for
Fabricated High-pressure Decorative Laminate Countertops.
a. Plastic Laminate: NEMA Standards Publication No. LD 3 - High-Pressure
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Decorative Laminates.
2.1.1.5 Joint Sealant:
a. Federal Specification (FS) TT-S-001543A - Sealing Compound: Silicone
Rubber Base(For Calking, Sealing, and Glazing in Buildings and other
Structures).
b. ASTM C920 - Elastomeric Joint Sealants.
2.1.1.6 Certification:
a. ANSI Z34.1 - Certification, Third party Certification Program.
2.1.2 Performance Requirements:
2.1.2.1 Comply with test procedures and required performances of ANSI/KCMA
A161.1.
a. Perform tests on standard 30-inch wall and base cabinets.
2.1.2.2 Drawers and Drawer Hardware for Federal Severe Use: Apply 75-pound point
load to exterior edge of drawer extended 6-inches from its closed position
for a period of 15 minutes.
a. Successful Test: No failure in any part of drawer assembly or operating
system, and drawer remains operable with no mechanical interference with
any part of cabinet assembly.
3 HUD APPROVED SEVERE USE CABINET SPECIFICATIONS
3.1.1 Cabinets
3.1.1.1 Wall and Base Cabinets: Comply with requirements under Article “System
Description” above.
A. Construct cabinets as necessary to produce sturdy and rigid construction
B. Wall and Base Cabinets and Countertops: Constructed of solid lumber
and/or exterior grade plywood with wood veneer core.
3.1.1.1 Particleboard, flake board, fiberboard, hardboard or engineered wood
not allowed.
3.1.1.2 Base Cabinets:
A. Parts Touching Floor: Pressure treated solid lumber.
B. Provide integral toe space of minimum 3-inches by 3-inches.
C. Toe Kicks: 3/4-inch net thickness, pressure treated solid lumber.
3.1.1.3 Face Frames: 3/4-inches net thick kiln dried solid hardwood, free of knots
and selected for light uniform color suitable for natural finish.
A. Frames: Mortised and tenoned, dovetailed or doweled, glued and stapled
under pressure and filled and sanded.
B. Vertical End Members (Stiles): Minimum 1-1/2-inch net width.
C. Vertical Center Members between Doors and Drawers (Mulls): Minimum
2-inches net width.
D. Horizontal Members (Rails): 1-3/4-inches net width.
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E. Stiles and Top and Bottom Rails: Dadoed to receive ends, bottoms and
tops.
3.1.1.4 Doors and Door Hardware:
A. Doors: 3/4-inch thick 7-ply A-D grade exterior hardwood plywood with no
more than one veneer joint on face.
B. Edges: Reversed shaped to form continuous finger grip around sides.
Filled and sanded smooth prior to finish. May be treated with hot foil
transfer. May be covered with 3/8-inch by 3/4-inch reverse shaped
hardwood bands.
C. Acceptable Hardwoods: Beech, birch, maple or oak suitable for natural
finish.
D. Hinges: Manufacturer's standard heavy duty with self-closing feature,
face mount or semi-concealed type.
3.1.1.5 Drawers and Drawer Hardware
A. Fronts Construction and Finish: Same as doors.
B. Sides and Backs: Minimum 5/8-inch net thickness Grade C solid lumber
with sides dovetailed or mortised and tenoned into fronts.
C. Backs: Dadoed into sides.
D. Bottoms: Minimum 1/4-inch softwood or hardwood exterior plywood let
into front, side sand back.
E. Drawer Parts: Glued and nailed or stapled together.
F. Mount drawers on metal side rails with 75-pound loading capacity.
G. Cabinet Members or Guides: Attached at rear to 3/4-inch solid lumber
hanging rail or 1/2-inch solid lumber or plywood block which is attached
to 3/4-inch solid lumber hanging rail by use of metal rear mount brackets
or by continuous wraparound method.
3.1.1.6 Installation Cleats: Minimum 3/4-inch by 3-1/2-inches net thickness S4S,
Grade C, kiln dried solid lumber, dadoes to receive bottoms and tops.
A. Provide two horizontal members running full length of cabinet at top and
bottom.
B. Base Cabinets with Drawers: Side mount drawer slide bracket(s) rigidly
attached to 1/2-inch thick plywood or wood block, which is rigidly
attached to top cleat. See Drawers paragraph above for alternate
mounting.
3.1.1.7 End Panels:
A. Exposed End Panels: Minimum 2-2 Grade, 1/2-inch thick 5 ply exterior
hardwood plywood, selected for light uniform color.
B. Ends Not Exposed: May be 1/2-inch exterior softwood plywood, Grade A-
D, with Grade A side to inside of cabinet.
C. Ends: Dadoed minimum of 1/4-inch deep to receive shelves, bottoms and
tops. Let into dado in face frame.
D. Base Cabinet End Panels: Stop 3-1/2-inches above floor and supported
by 3/4-inch by3-1/2-inch pressure treated solid lumber member.
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3.1.1.8 Shelves and Wall Cabinet Tops and Bottoms: 1/2-inch thick Grade 2-2
exterior hardwood plywood or Grade A-D exterior softwood plywood with
wood banded front edge or 3/4-inch net thickness solid lumber.
A. Shelves: Let into dadoes of end panels and braced behind mulls.
B. Bottoms: Let into (rabbet or dado, manufacturers' choice) ends, cleats
and front frames.
C. Shelves and Bottoms: Glued and stapled.
D. Optional Adjustable Shelves: 3/4-inch thick Grade 2-2 exterior hardwood
plywood of Grade A-D exterior softwood plywood with wood banded
front edge or 3/4-inch net thickness solid lumber.
E. Shelves: Support as necessary to comply with shelf deflection provisions
of ANSI/KCMA A161.1.
F. Shelves: When loaded at 15 PSF for seven days shall not deflect more
than 1/16-inch per linear foot between supports.
G. Maximum Deflection:1/4-inch between supports.
3.1.1.9 Backs: Provide on cabinets (optional on sink bases depending on job
conditions).
A. Backs: Minimum 1/4-inch thick Grade 2-2 exterior hardwood plywood or
A-D grade exterior softwood plywood. Securely glued and stapled to
ends, 3-1/2-inch cleats and shelves of cabinet. May be let into dado of
ends and cleats or may be applied flush with ends and cleats.
3.1.1.10
Base Bottoms: 1/2-inch thick Grade 2-2 exterior hardwood plywood or
A-C Grade exterior softwood plywood.
A. Bottoms: Let into (rabbet or dado, manufacturers choice) end panels,
front rails and installation cleats. Supported by 3/4-inch net thickness
pressure treated solid lumber braces 24-inches on-center running front
to rear of cabinet and resting on finished floor.
3.1.2 COUNTERTOPS
3.1.2.1 Plastic Laminate Countertops: ANSI A161.2.
A. Type: Post-formed with integral backsplashes.
a. Front Edges: 180 degree front nose, 1-1/2 inch thick, 1/2 inch top and
bottom radius.
b. Backsplashes: Minimum 4-inches high with cove beveled molding with
Type A curved top
and scribe edge.
c. Provide backsplashes at juncture of countertop with back and sidewalls.
3.1.2.2 Materials: High-pressure plastic laminated to 3/4-inch thick exterior plywood.
3.1.2.3 Particleboard, flake board, fiberboard, hardboard or engineered wood
not allowed.
3.1.2.3.
Plastic Laminate: NEMA LD 3, Type PF42, 0.042-inch thickness.
A. Colors, patterns, finishes as selected from manufacturer's standard
offering.
3.1.2.4 Perimeter of Bottom of Countertops and Sink Cutouts: Sealed with varnish.
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4 PERMITS & LICENSING:
4.1.1 The scope or work as described in these contract documents do not require a building
permit from the City of Chandler. The selected Contractor is responsible for any other
permitting and licensing required by Federal, State and Local agencies associated with
this project and roofing services.
5 WORK SCHEDULE:
5.1.1 Contractor will only be allowed to work Monday through Friday between the hours of
7:00 AM to 4:00 PM, excluding City holidays. Exceptions would be for work deemed
by the Project Manager as an emergency or requiring immediate attention.
5.1.2 These are occupied units with children; the Contractor will be required to remove all
equipment, materials, and debris from the site on a daily basis.
5.1.3 Work will need to be scheduled and coordinated in a timely manner, so no home is
left overnight or weekends without water and electric.
5.1.4 The Contractor must supply a sufficient number of skilled workers in order to
maintain quality of work, and stay on schedule.
6 PRECONSTRUCTION CONFERENCE
6.1.1 Selected Contractor will be required to attend a preconstruction conference. Date will
be provided by the City of Chandler. Contractor will be notified as to what
documentation (submittal, schedules, forms, etc.) will be required at this meeting
7 PROJECT MEETING
7.1.1 Project meetings will be scheduled as necessary, and at the discretion of the Project
Manager. Selected Contractor will be required to have a representative (capable of
making independent decisions) at each meeting. These meetings may be scheduled
on site or at the City Housing Office.
8 RESIDENT NOTIFICATION:
8.1.1 Prior to starting any work, the Selected Contractor must re-notify each resident, in
writing, a minimum of 72 hours in advance, prior to entering his or her property. This
will be accomplished with either a 3-part door hanger (in both English & Spanish) to
be left on each door accessible from the front of the property, or a mailed letter (in
both English & Spanish). If mailed letter is used, the Contractor must allow for
sufficient transit time. Door hanger or letter will include the following (minimum)
information: Reference Type Work (cabinet replacement) Being Done (for The City of
Chandler), Notice Date, Project Address, Project Start Date, Project Completion Date,
Work Hours, Special Instructions, Name / Address / Phone Number of Company,
Contact Person, and 24 Hour Emergency Phone Number. Door Hanger or Letter must
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be pre-approved by the Project Manager prior to being used. A copy of each door
hanger or letter will be provided to the Project Manager.
8.1.2 In the event that the Selected Contractor is unable to start a previously notified unit
(i.e. rain, labor dispute, material shortage, schedule change, lack of manpower, etc.),
the contractor will be required to re-notify that resident with another 72-hour door
hanger or letter.
9 CONTRACTOR QUALIFICATIONS:
9.1.1 The Contractor or Subcontractor performing the work shall have an Arizona Registrar
of CR60 or KB1 Contractors licenses.
9.1.2 The Contractor or Subcontractor performing the work shall have a minimum of five
(5) years of experience as a licensed Arizona Contractor.
10 SUBMITTALS:
10.1.1 Before ordering cabinets, Contractor will be required to submit the Contract
Administrator for approval least one door, in the specified finish & color, a section of
countertop, along with documentation that this sample all cabinets and countertops
follow are HUD Approved Severe-Use.
10.1.2 Contractor will be required to submit shop drawings of each kitchen layout showing
size, type, and location of cabinets, countertops, and range hoods.
10.1.3 Design/layout of each kitchen shall be consistent with current layout where
specifications permit. The Project Manager must approve all design changes.
10.1.4 Contractor will submit cut sheets for sinks, faucets, and stove exhaust fan for
approval.
10.1.5 Contractor shall be responsible for quantities of cabinets and countertop and all
conditions based on inspection..
10.1.6 Certified Payroll Reports are due weekly.
10.1.7 Section 3 forms are due with each pay application. Other HUD forms as directed by
the Housing Project Coordinator
10.1.8 Manufacturer’s warranty on cabinet’s materials after final acceptance.
10.1.9 Contractor shall submit warranty plan to the Contract Administrator.
10.1.10 Submit the tenant notification sample letter or door hanger in English and Spanish
for approval.
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11 QUALITY CONTROL
11.1.1 Certifications:
a. Cabinets: Continuously tested, certified and displaying label or seal of Kitchen
Cabinet Manufacturers Association (KCMA)
b. Federal Severe Use Cabinets: Bear KCMA Certification Seal and additional label
indicating conformance to Federal Severe Use specifications.
11.1.2 Source limitations for cabinets: Obtain cabinets through one source from a single
manufacturer.
11.1.3 All material shall be new and of the specified quality.
11.1.4 Contractor will install all material per manufactures recommendations, specifications,
and code requirements.
11.1.5 Contractor will verify finish and color match before installing any cabinets. All new
cabinets will match in color and grain. This will include cabinet fronts (stiles), doors,
and drawer fronts.
11.1.6 Finished cabinets and countertops will be free of nicks, scratches or other blemishes
(see cabinet specifications section).
11.1.7 The project manager will have the right to reject all cabinets that do not match or
meet construction specifications.
11.1.8 Contractor will correct or replace at no additional expense to the City.
11.1.9 The Contractor must supply a sufficient number of skilled workers in order to
maintain quality of work, and stay on schedule.
11.1.10 The Contractor must have on site at all times a project manager, foreman, or lead
worker who is capable and authorized to make decisions on behalf of the contractor.
11.1.11 All material shall be new free of material defects, and of the specified quality.
11.1.12 Where not more specifically described in any of the contract documents,
workmanship shall conform to all of the methods and operations of best standards
and accepted practices of the trade or trades involved, and shall include all items of
fabrication, construction, or installation regularly furnished or required for
completion of the services.
12 SAFETY AND SITE PROTECTION
12.1.1 This project occurs on occupied Public Housing sites and the protection of the
residents is essential. The dwelling units will be occupied during construction. It is
the responsibility of the Contractor to secure and make safe each unit during
construction.
12.1.2 The Contractor shall be responsible for all means and methods as they relate to
safety and shall comply with all applicable local, state and federal requirements that
are safety related.
12.1.3 Contractor will not cause a resident’s vehicle to be blocked.
12.1.4 Any resident complaints should be directed to the Housing office or Project Manager
immediately.
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12.1.5 The Contractor shall be responsible for providing, barricades, flagging, caution tape
and other safety and traffic control equipment required to protect its employees, the
public, surrounding areas and vehicles.
12.1.6 All demolition and work shall be in compliance with OSHA regulations.
12.1.7 Contractor must take necessary safety precautions to prevent any work related safety
hazards for employees, residents and the public.
12.1.8 Apartments and buildings shall have at least one unobstructed means of egress at all
time.
12.1.9 Contractor shall be responsible for cleaning, repairing, or replacement of any damage
to the City’s and/or resident’s property caused by the Contractor or Subcontractor(s)
during the removal or installation of the items associated with this project.
12.1.10 The Contractor will be responsible for immediately notifying the Housing Project
Coordinator of any damage caused by the Contractor during contract activities.
13 SPECIAL CONSIDERATIONS AND CONTRACTOR RESPONSIBILITIES:
13.1.1 Coordinate work so each unit has a functioning kitchen sink by the end of the day.
13.1.2 Contractor will be responsible for removing and reinstalling the range and
refrigerator during construction. Relocate the refrigerator so the resident can use
during construction.
13.1.3 Contractor will have to provide their own storage facilities. There will be no on-site
storage available on this project.
13.1.4 Contractor will follow manufacturer’s guidelines for material storage, assume all
responsibility for materials during shipping, storage, and provide delivery to the job
site on a daily basis or as required keeping project flowing smoothly.
13.1.5 It will be the manufacturers/CONTRACTOR’S responsibility to immediately replace any
damaged cabinet and/or material and settle all claims with the carrier/shipper.
14 ASBESTOS CONTAINING MATERIALS:
15 CLEANUP
15.1.1 All debris will be removed from the site on a daily basis. City dumpsters and/or
resident trash containers will not be used for the disposal of any construction related
material.
15.1.2 The City will provide a space for a roll away dumpster.
15.1.3 It is the contractor’s responsibility to dispose of all material in an approved and lawful
method.
15.1.4 Contractor will not sell or give any new or used materials to the residents.
15.1.5 Contractor will be responsible for cleaning, repairing, or replacement of any resident
property damaged during this project.
15.1.6 Protect existing tile during construction from damage, dirt, water, etc. Contractor will
be responsible for cleaning, repair, or replacement of any damaged carpet or tile.
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16 CONTRACTOR’S USE OF PREMISES
16.1.1 The Contractor’s employees shall be identified by company shirt and identification
badge.
16.1.2 The Contractor shall provide storage facilities. There will be no on-site storage on this
project.
16.1.3 The Contractor shall furnish restroom facilities for employees, or make other
arrangements with workers as where to report for restroom facilities. Resident and
on-site public restrooms are not to be used.
16.1.4 The Contractor shall provide their own power for equipment and tools. Residents pay
for their own electricity therefore the use of onsite electricity/outlets is not permitted.
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EXHIBITS AND ATTACHMENTS / EXHIBITS A to G
SCOPE OF WORK
EXHIBIT A
PRICE SHEET
EXHIBIT B
INSURANCE REQUIREMENTS
EXHIBIT C
SPECIAL CONDITIONS
EXHIBIT D
SITE MAP
EXHIBIT E
HUD SEVER USECABINET SPECIFICATIONS
EXHIBIT F
WAGE DECISION
EXHIBIT G
HUD REQUIREMENTS
EXHIBIT H
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EXHIBIT B TO AGREEMENT
PRICE SHEET
ADDRESS
KITCHEN
CABINETS
COUNTER
TOP
KITCHEN
SINK &
FAUCET
PLUMBING
RANGE HOOD
/VENT
TOTAL COST
1
660 S Palm Lane #1
$ 6,232.00
$ 888.00
$ 533.33
$ 500.00
$ 244.00
$ 8,397.33
2
660 S Palm Ln #2
$ 7,300.00
$ 1,288.00
$ 533.33
$ 500.00
$ 244.00
$ 9,865.33
3
660 S Palm Ln #3
$ 6,232.00
$ 888.00
$ 533.33
$ 500.00
$ 244.00
$ 8,397.33
4
660 S Palm Ln #5
$ 6,232.00
$ 888.00
$ 533.33
$ 500.00
$ 244.00
$ 8,397.33
5
660 S Palm Ln #6
$ 6,976.00
$ 1,288.00
$ 533.33
$ 500.00
$ 244.00
$ 9,541.33
6
660 S Palm Ln #7
$ 2,544.00
$ 888.00
$ 533.33
$ 500.00
$ 244.00
$ 4,709.33
7
660 S Palm Ln #8
$ 7,276.00
$ 1,288.00
$ 533.33
$ 500.00
$ 244.00
$ 9,841.33
8
660 S Palm Ln #9
$ 5,776.00
$ 744.00
$ 533.33
$ 500.00
$ 244.00
$ 7,797.33
9
660 S Palm Ln #10
$ 6,232.00
$ 788.00
$ 533.33
$ 500.00
$ 244.00
$ 8,297.33
10 660 S Palm Ln #11
$ 6,232.00
$ 988.00
$ 533.33
$ 500.00
$ 244.00
$ 8,497.33
11 660 S Palm Ln #12
$ 5,776.00
$ 744.00
$ 533.33
$ 500.00
$ 244.00
$ 7,797.33
12 660 S Palm Ln #13
$ 6,232.00
$ 788.00
$ 533.33
$ 500.00
$ 244.00
$ 8,297.33
13 660 S Palm Ln #14
$ 6,232.00
$ 788.00
$ 533.33
$ 500.00
$ 244.00
$ 8,297.33
14 660 S Palm Ln #15
$ 6,232.00
$ 788.00
$ 533.33
$ 500.00
$ 244.00
$ 8,297.33
15 660 S Palm Ln #16
$ 6,232.00
$ 788.00
$ 533.33
$ 500.00
$ 244.00
$ 8,297.33
16 660 S Palm Ln #19
$ 5,776.00
$ 744.00
$ 533.33
$ 500.00
$ 244.00
$ 7,797.33
17 660 S Palm Ln #20
$ 6,232.00
$ 788.00
$ 533.33
$ 500.00
$ 244.00
$ 8,297.33
18 660 S Palm Ln #21
$ 6,232.00
$ 788.00
$ 533.33
$ 500.00
$ 244.00
$ 8,297.33
19 660 S Palm Ln #22
$ 5,476.00
$ 744.00
$ 533.33
$ 500.00
$ 244.00
$ 7,497.33
20 660 S Palm Ln #23
$ 6,276.00
$ 778.00
$ 533.33
$ 500.00
$ 244.00
$ 8,331.33
21 660 S Palm Ln #25
$ 6,232.00
$ 788.00
$ 533.33
$ 500.00
$ 244.00
$ 8,297.33
22 660 S Palm Ln #28
$ 6,232.00
$ 788.00
$ 533.33
$ 500.00
$ 244.00
$ 8,297.33
23 660 S Palm Ln #29
$ 5,776.00
$ 744.00
$ 533.33
$ 500.00
$ 244.00
$ 7,797.33
24 660 S Palm Ln #30
$ 6,232.00
$ 788.00
$ 533.33
$ 500.00
$ 244.00
$ 8,297.33
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EXHIBIT C TO AGREEMENT
INSURANCE
INSURANCE
General.
A.
At the same time as execution of this Agreement, the Contractor shall furnish the City a
certificate of insurance on a standard insurance industry ACORD form. The ACORD form
must be issued by an insurance company authorized to transact business in the State of
Arizona possessing a current A.M. Best, Inc. rating of A-7, or better and legally authorized to
do business in the State of Arizona with policies and forms satisfactory to City. Provided,
however, the A.M. Best rating requirement shall not be deemed to apply to required Workers’
Compensation coverage.
B.
The Contractor and any of its subcontractors shall procure and maintain, until all of their
obligations have been discharged, including any warranty periods under this Agreement are
satisfied, the insurances set forth below.
C.
The insurance requirements set forth below are minimum requirements for this Agreement
and in no way limit the indemnity covenants contained in this Agreement.
D.
The City in no way warrants that the minimum insurance limits contained in this Agreement
are sufficient to protect Contractor from liabilities that might arise out of the performance
of the Agreement services under this Agreement by Contractor, its agents, representatives,
employees, subcontractors, and the Contractor is free to purchase any additional insurance
as may be determined necessary.
E.
Failure to demand evidence of full compliance with the insurance requirements in this
Agreement or failure to identify any insurance deficiency will not relieve the Contractor from,
nor will it be considered a waiver of its obligation to maintain the required insurance at all
times during the performance of this Agreement.
F.
Use of Subcontractors: If any work is subcontracted in any way, the Contractor shall execute
a written contract with Subcontractor containing the same Indemnification Clause and
Insurance Requirements as the City requires of the Contractor in this Agreement. The
Contractor is responsible for executing the Agreement with the Subcontractor and obtaining
Certificates of Insurance and verifying the insurance requirements.
Minimum Scope and Limits of Insurance. The Contractor shall provide coverage with limits of liability not
less than those stated below.
A.
Commercial General Liability-Occurrence Form. Contractor must maintain “occurrence” form
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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
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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.
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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.
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2. The City, its officers, officials, agents, and employees must be additional insureds to the
full limits of liability purchased by the Contractor even if those limits of liability are in
excess of those required by this Agreement.
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EXHIBIT D TO AGREEMENT
SPECIAL CONDITIONS
ACCESS TO SECURED FACILITIES
Contract Worker Access Controls, Badge and Key Access Requirements. A Contract Worker shall not be
allowed to begin work in any City facility without: (A) The prior completion and the City's acceptance of the
required background screening; and (B) when required, the Contract Worker's receipt of a City issued
badge. A badge will be issued to a Contract Worker solely for access to the City facility(s) to which the
Contract Worker is assigned. Each Contract Worker who enters a City facility must use the badge issued to
the Contract Worker. Any and all fees associated with security badging will be assessed in compliance with
Chandler City Code §4-22.
Key Access Procedures. If the Contract Worker's services require keyed access to enter a City facility(s), a
separate key issue/return form must be completed and submitted by Contractor for each key issued.
Stolen or Lost Badges or Keys. Contractor shall report lost or stolen badges or keys to the City immediately.
A new badge application or key issue form shall be completed and submitted along with payment of the
applicable fees prior to issuance of a new badge or key.
Return of Badges or Keys. All badges and keys are the property of the City and must be returned to the City
within one business day of when the Contract Worker's access to a City facility is no longer required to
furnish the services under this Agreement. Contractor shall collect a Contract Worker's badge and key(s)
upon the termination of the Contract Worker's employment; when the Contract Worker's services are no
longer required at the particular City facility(s); or upon termination, cancellation or expiration of this
Agreement.
Contractor's default under this Section shall include, but is not limited to the following: (1) Contract Worker
gains access to a City facility(s) without the proper badge or key; (2) Contract Worker uses a badge or key
of another to gain access to a City facility; (3) Contract Worker commences services under this Agreement
without the proper badge, key or Background Screening; (4) Contract Worker or Contractor submits false
information or negligently submits wrong information to the City to obtain a badge, key or applicable
Background Screening; or (5) Contractor fails to collect and timely return Contract Worker's badge or key
upon termination of Contract Worker's employment, reassignment of Contract Worker to another City
facility or upon the expiration, cancellation or termination of this Agreement. Contractor acknowledges
and agrees that the access control, badge and key requirements in this Section are necessary to preserve
and protect public health, safety and welfare. Accordingly, Contractor agrees to properly cure any default
under this Section within three business days from the date notice of default is sent by the City. The parties
agree that Contractor's failure to properly cure any default under this Section shall constitute a breach of
this Section. In addition to any other remedy available to the City at law or in equity, Contractor shall be
liable for and shall pay to the City the sum of $1,000.00 for each breach by Contractor of this Section. The
parties further agree that the sum fixed above is reasonable and approximates the actual or anticipated
loss to the City at the time and making of this Agreement in the event that Contractor breaches this Section.
Further, the parties expressly acknowledge and agree to the fixed sum set forth above because of the
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difficulty of proving the City's actual damages in the event that Contractor breaches this Section. The parties
further agree that three breaches by Contractor of this Section arising out of any default within a
consecutive period of three months or three breaches by Contractor of this Section arising out of the same
default within a period of 12 consecutive months shall constitute a material breach of this Agreement by
Contractor and the City expressly reserves all of its rights, remedies and interests under this Agreement,
at law and in equity including, but not limited to, termination of this Agreement.
1.
Contractor and Subcontractor Worker Background Screening. Contractor agrees that all
contract workers and subcontractors (collectively "Contract Worker(s)") that Contractor furnishes
to City under this Agreement will be subject to background and security checks and screening as
set forth in this Section (collectively "Background Screening") at Contractor’s sole cost and expense.
As part of the Background Screening, Contractor must provide to a person designated by the City
the name(s), address(es), and phone number(s) of all Contract Workers who will provide any
services under this Agreement. All Contract Workers must comply with these Background
Screening requirements. All Contract Workers must be able to provide proof of the legal right to
work in the United States. The Background Screening provided by Contractor must comply with all
applicable laws, rules, and regulations. Contractor further agrees that the Background Screening
required in this Section is necessary to preserve and protect public health, safety, and welfare. The
Background Screening requirements set forth in this Section are the minimum requirements for
this Agreement. City in no way warrants that these minimum requirements are sufficient to protect
Contractor from any liabilities that may arise out of Contractor’s services under this Agreement or
Contractor’s failure to comply with this Section. Therefore, in addition to the specific measures set
forth below, Contractor and its Contract Workers must take such other reasonable, prudent, and
necessary measures to further preserve and protect public health, safety, and welfare when
providing services under this Agreement.
2.
Background Screening Requirements and Criteria. Before offering or scheduling any services
under this Agreement, Contractor agrees that all Contract Workers, including the Contractor, if the
Contractor is an individual or sole proprietorship, must have successfully passed a Background
Screening in accordance with this Section. Contractor warrants that no person will be permitted
to substitute for a Contract Worker who has satisfied the Background Screening requirements until
the proposed substitute has also satisfied the Background Screening requirements in this Section.
For review and approval, Contractor must submit to a person designated by the City proof of a
completed Background Screening for each Contract Worker over the age of 18 performing services
under this Agreement no fewer than two (2) weeks before the proposed start date of such Contract
Worker’s services. The Background Screening must have been completed within the 12-month
period preceding the Contract Worker’s start date under this Agreement and must include the
results of a national criminal databased check with source verification, and a sex offender
database search.
3.
Additional City Rights Regarding Security Inquiries. In addition to the foregoing, City reserves
the rights but not the obligations to: (1) have a Contract Worker be required to provide fingerprints
and execute such other documentation as may be necessary to obtain criminal justice information
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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.
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SITE MAP
EXHIBIT E
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EXHIBIT F
CABINET SPECIFICATIONS
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"General Decision Number: AZ20240001 08/30/2024
Superseded General Decision Number: AZ20230001
State: Arizona
Construction Type: Residential
County: Maricopa County in Arizona.
RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family
homes and apartments up to and including 4 stories).
Note: Contracts subject to the Davis-Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but do not apply to
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(1).
______________________________________________________________
|If the contract is entered |. Executive Order 14026 |
|into on or after January 30, | generally applies to the |
|2022, or the contract is | contract.
|
|renewed or extended (e.g., an |. The contractor must pay |
|option is exercised) on or | all covered workers at |
|after January 30, 2022:
| least $17.20 per hour (or |
|
| the applicable wage rate |
|
| listed on this wage
|
|
| determination, if it is |
|
| higher) for all hours |
|
| spent performing on the |
|
| contract in 2024.
|
|______________________________|_____________________________|
|If the contract was awarded on|. Executive Order 13658 |
|or between January 1, 2015 and| generally applies to the |
|January 29, 2022, and the | contract.
|
|contract is not renewed or |. The contractor must pay all|
|extended on or after January | covered workers at least |
|30, 2022:
| $12.90 per hour (or the |
|
| applicable wage rate listed|
|
| on this wage determination,|
|
| if it is higher) for all |
|
| hours spent performing on |
|
| that contract in 2024. |
|______________________________|_____________________________|
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0
01/05/2024
1
01/19/2024
EXHIBIT G
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2
03/22/2024
3
08/30/2024
BRAZ0003-007 07/01/2023
Rates
Fringes
BRICKLAYER.......................$ 32.74
9.52
ZONE PAY:
(Radius miles from the intersection of Central Ave. and
Washington St., Phoenix, AZ)
Zone A: 0-60 miles- Base Rate
Zone B: 61-75 miles- Base Rate plus $2.00 per hour
Zone C: 75-100 miles- Base Rate plus $3.00 per hour
Zone D: 101-200 miles- Base Rate plus $3.50 per hour
Zone E: Over 200 miles- Base Rate plus $6.50 per hour
----------------------------------------------------------------
ENGI0428-005 06/01/2022
Rates
Fringes
POWER EQUIPMENT OPERATOR
(Grader/Blade)...................$ 34.49 12.57
----------------------------------------------------------------
* IRON0075-008 08/01/2024
Rates
Fringes
IRONWORKER, STRUCTURAL...........$ 33.00 18.91
----------------------------------------------------------------
PLAS0394-006 01/01/2024
Rates
Fringes
CEMENT MASON/CONCRETE FINISHER...$ 28.78
9.17
----------------------------------------------------------------
*
SUAZ2011-001 07/28/2011
Rates
Fringes
ALARM INSTALLER, Includes
Wiring and Installation..........$ 13.91 **
0.00
CARPENTER, Excludes Drywall
Hanging, and Form Work...........$ 18.16
0.00
DRYWALL HANGER...................$ 15.00 **
0.58
ELECTRICIAN, Excludes Low
Voltage Wiring and
Installation of Alarms...........$ 15.45 **
0.01
FORM WORKER......................$ 14.37 **
0.00
GLAZIER..........................$ 13.45 **
0.00
HVAC MECHANIC (Installation
of HVAC Duct)....................$ 15.36 **
0.00
LABORER: Common or General......$ 10.18 **
0.00
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LABORER: Grade Checker..........$ 16.83 **
0.45
LABORER: Mason Tender - Brick...$ 12.77 **
0.00
LABORER: Mason Tender -
Cement/Concrete/Stone............$ 11.00 **
0.00
LABORER: Pipelayer..............$ 13.00 **
0.00
OPERATOR: Backhoe...............$ 18.29
0.00
OPERATOR: Excavator.............$ 24.67
0.00
OPERATOR: Forklift..............$ 16.17 **
0.00
OPERATOR: Loader (Front End)....$ 15.00 **
0.00
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete).........$ 20.75
0.00
OPERATOR: Roller................$ 16.24 **
1.42
OPERATOR: Scraper...............$ 19.20
1.52
OPERATOR: Tractor...............$ 22.63
0.00
PAINTER: Brush, Roller and
Spray, Excludes Drywall
Finishing/Taping.................$ 12.89 **
0.00
PLUMBER..........................$ 20.14
4.08
ROOFER...........................$ 13.67 **
0.00
SPRINKLER FITTER (Fire
Sprinklers)......................$ 17.73
0.00
TRUCK DRIVER: Dump Truck........$ 17.02 **
0.00
TRUCK DRIVER: Water Truck.......$ 14.50 ** 0.00
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
** Workers in this classification may be entitled to a higher
minimum wage under Executive Order 14026 ($17.20) or 13658
($12.90). Please see the Note at the top of the wage
determination for more information. Please also note that the
minimum wage requirements of Executive Order 14026 are not
currently being enforced as to any contract or subcontract to
which the states of Texas, Louisiana, or Mississippi, including
their agencies, are a party.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
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preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (iii)).
----------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
""UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
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Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
State Adopted Rate Identifiers
Classifications listed under the ""SA"" identifier indicate that
the prevailing wage rate set by a state (or local) government
was adopted under 29 C.F.R ೦1.3(g)-(h). Example: SAME2023-007
01/03/2024. SA reflects that the rates are state adopted. ME
refers to the State of Maine. 2023 is the year during which the
state completed the survey on which the listed classifications
and rates are based. The next number, 007 in the example, is an
internal number used in producing the wage determination.
01/03/2024 reflects the date on which the classifications and
rates under the ?SA? identifier took effect under state law in
the state from which the rates were adopted.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
*
an existing published wage determination
*
a survey underlying a wage determination
*
a Wage and Hour Division letter setting forth a position on
a wage determination matter
*
a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
National Office because National Office has responsibility for
the Davis-Bacon survey program. If the response from this
initial contact is not satisfactory, then the process described
in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
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interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
================================================================
END OF GENERAL DECISION"
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EXHIBIT H
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