Agreement

City of Chandler — Regular Meeting (2025-02-06)

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Project Name: Overstreet Parking Structure Fence 
Page 1 
Project No.: GG2402.401 
Rev. 3/19/2024 
 
 
 
CITY OF CHANDLER 
JOB ORDER PROJECT AGREEMENT  
 
Overstreet Parking Structure Fence 
 
Project No. GG2402.401 
Council Date: February 6, 2025 
 
This JOB ORDER PROJECT AGREEMENT (”Job Order”) is made this _____ day of _____________ 2025 
(“Effective Date”), by and between the City of Chandler, an Arizona municipal corporation, (“City”) 
and SDB Inc., an Arizona corporation, (“JOC Contractor”) and is entered into pursuant to Job Order 
Master Agreement No. JOC2402.401 (“JOC Master Agreement”). City and JOC Contractor may be 
referred to individually as “Party” or collectively as “Parties”). 
 
City and JOC Contractor, in consideration of the mutual covenants herein set forth, agree as 
follows:   
 
RECITALS 
 
A. On or about February 5, 2024, the Parties entered into the JOC Master Agreement, which 
terms and conditions are made a part of and incorporated into this Job Order Project Agreement 
by this reference. 
 
B. City proposes to engage JOC Contractor for construction services as more fully described in 
Article 1 and Exhibit "A", which is attached to and made a part of this Job Order by this reference. 
 
C. JOC 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. 
 
ARTICLE 1.  DESCRIPTION OF WORK 
 
The Parties enter into this Job Order Project Agreement for the Overstreet Parking Structure 
Fence, Project Number GG2402.401.  The scope of work consists of installing four-foot-tall fencing 
along the south and west sides of the top level of the Overstreet parking structure located at 150 
N Oregon St, Chandler, AZ 85225, all as more particularly set forth in Exhibit “A” attached hereto 
and incorporated herein by reference.

Project Name: Overstreet Parking Structure Fence 
Page 2 
Project No.: GG2402.401 
Rev. 3/19/2024 
 
The JOC Contractor will not accept any change of scope, or change in Agreement provisions, unless 
issued in writing, as a Agreement amendment or change order and signed by the authorized 
signatories for each party. 
 
Performance and Payment Bonds, as set forth in Exhibit “C” and Exhibit “D” respectively attached 
hereto and incorporated herein by reference, will be due prior to execution of each Job Order 
Project Agreement in the full amount of each Job Order. 
 
At project completion, JOC Contractor must complete Contractor's Affidavit Regarding Settlement 
of Claims and Certificate of Completion, as set forth in Exhibit “E” and Exhibit “F” respectively 
attached hereto and incorporated herein by reference. 
 
ARTICLE 2.  PROJECT PRICE 
 
City will pay JOC Contractor for completion of the Work in accordance with the JOC Master 
Agreement a fee not to exceed the Guaranteed Maximum Price of $166,555.29 Dollars 
determined and payable as set forth in JOC Master Agreement and Exhibit “B” attached hereto 
and made a part hereof by reference.  
 
ARTICLE 3.  AGREEMENT TIME & SCHEDULE 
 
JOC Contractor agrees to complete all Construction within 90 calendar days from the Notice to 
Proceed (NTP) Date.  
 
ARTICLE 4.  JOB ORDER CONTACTS 
 
The following parties serve in the capacity below for this Job Order Project. 
 
CITY: 
 
Construction Project Manager:  Scott Riter 
 
Phone: 480-782-3328 
 
Email: Scott.Riter@chandleraz.go 
 
JOC CONTRACTOR: 
SDB, Inc  
 
1001 S. Edward Drive Tempe AZ 85281 
 
JOC Contractor Representative:  Salvador Encinas 
 
Phone: 602-818-7385 
 
Email: sal.encinas@sdb.com

Project Name: Overstreet Parking Structure Fence 
Page 3 
Project No.: GG2402.401 
Rev. 3/19/2024 
 
ARTICLE 5. 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 
 
 
 
 
 
 
SIGNATURE PAGE TO FOLLOW

Project Name: Overstreet Parking Structure Fence 
Page A-1 
Project No.: GG2402.401 
Rev. 3/19/2024 
 
EXHIBIT A 
SCOPE OF WORK

until 02/28/2025 per 
email 01/06/2025.

EXHIBIT B 
FEE SCHEDULE 
 
Project Name: Overstreet Parking Structure Fence  
Page B-1 
Project No.: GG2402.401  
Rev. 3/19/2024

EXHIBIT C 
 
Project Name: Overstreet Parking Structure Fence 
Page C-1 
Project No.: GG2402.401 
Rev. 3/19/2024 
 
 
 
PERFORMANCE BOND 
 
 
ARIZONA STATUTORY PERFORMANCE BOND 
PURSUANT TO TITLES 28, 34, AND 41, ARIZONA REVISED STATUTES 
(Penalty of this bond must be 100% of the Agreement amount) 
 
KNOW ALL MEN BY THESE PRESENTS THAT:___________________________________________________ 
 
(hereinafter "Principal"), and __________________________________________________________ (hereinafter "Surety"), a 
corporation organized and existing under the laws of the State of ______________ with its principal office in the City of 
_____________________________, holding a certificate of authority to transact surety business in Arizona issued by the 
Director of Insurance pursuant to Title 20, Chapter 2, Article 1, as Surety, are held and firmly bound unto 
__________________________(hereinafter "Obligee") in the amount of ________________________________________________ 
(Dollars) ($___________), for the payment whereof, Principal and Surety bind themselves, and their heirs, administrators, 
executors, successors and assigns, jointly and severally, firmly by these presents. 
 
WHEREAS, the Principal has entered into a certain written Agreement with the Obligee, dated  
 
the ____________ day of _______________________, 20___ for construction of Overstreet Parking Structure Fence, 
GG2402.401 which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copies 
at length herein. 
 
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal faithfully performs and 
fulfills all the undertakings, covenants, terms, conditions and agreements of the Agreement during the original term of 
the Agreement and any extension of the Agreement, with or without notice of the Surety, and during the life of any 
guaranty required under the Agreement, and also performs and fulfills all the undertakings, covenants, terms, 
conditions, and agreements of all duly authorized modifications of the Agreement that may hereafter be made, notice 
of which modifications to the Surety being hereby waived, the above obligation is void.  Otherwise it remains in full force 
and effect. 
 
PROVIDED, HOWEVER that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, 
Arizona Revised Statutes, and all liabilities on this bond will be determined in accordance with the provisions of Title 34, 
Chapter 2, Article 2, Arizona Revised Statutes, to the same extent as if it were copied at length in this Agreement. 
 
The prevailing party in a suit on this bond may recover as part of the judgment reasonable attorney fees that 
may be fixed by a judge of the court. 
 
Witness our hands this ________________ day of ____________________, 20__. 
____________________________________ 
PRINCIPAL         
 
SEAL 
___________________________________ 
             AGENT OF RECORD 
By _________________________________ 
____________________________________ 
SURETY  
 
SEAL

EXHIBIT D 
 
 
 
Project Name: Overstreet Parking Structure Fence  
Page D-1 
Project No.: GG2402.401 
Rev. 3/19/2024 
PAYMENT BOND 
 
 
ARIZONA STATUTORY PAYMENT BOND 
PURSUANT TO TITLES 28, 34, AND 41, OF THE ARIZONA REVISED STATUTES 
(Penalty of this Bond must be 100% of the Agreement amount) 
 
KNOW ALL MEN BY THESE PRESENTS THAT:________________________________________________  
 
(hereinafter "Principal"), as Principal, and _________________________________________(hereinafter "Surety"), a corporation 
organized and existing under the laws of the State of __________________   with its principal office in the City of 
__________________, holding a certificate of authority to transact surety business in Arizona issued by the Director of the 
Department of Insurance pursuant to Title 20, Chapter 2, Article 1, as Surety, are held and firmly bound unto 
________________________  (hereinafter "Obligee") in the amount of ________________________________________________ 
(Dollars) ($___________), for the payment whereof, the Principal and Surety bind themselves, and their heirs, 
administrators, executors, successors and assigns, jointly and severally, firmly by these presents. 
 
WHEREAS, the Principal has entered into a certain written Agreement with the Obligee, dated the _________ day of 
_______________________, 20___ for construction of Overstreet Parking Structure Fence, GG2402.401 which Amendment 
is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. 
 
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal promptly pays all moneys 
due to all persons supplying labor or materials to the Principal or the Principal's subcontractors in the prosecution of 
the work provided for in said Agreement, this obligation is void. Otherwise it remains in full force and effect. 
 
PROVIDED, HOWEVER that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2 
Arizona Revised Statutes, and all liabilities on this bond will be determined in accordance with the provisions, conditions 
and limitations of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the same extent as if it were copied at length 
in this Agreement. 
 
The prevailing party in a suit on this bond may recover as part of the judgment reasonable attorney fees that 
may be fixed by a judge of the court. 
 
Witness our hands this ________________ day of ____________________, 20__. 
____________________________________ 
PRINCIPAL         
 
SEAL 
___________________________________ 
                 AGENT OF RECORD 
By _________________________________ 
____________________________________ 
SURETY  
 
SEAL 
___________________________________ 
                  AGENT ADDRESS

EXHIBIT E 
 
 
 
Project Name: Overstreet Parking Structure Fence  
Page E-1 
Project No.: GG2402.401 
Rev. 3/19/2024 
CONTRACTOR'S AFFIDAVIT REGARDING SETTLEMENT OF CLAIMS 
 
 
________________________, Arizona 
 
Date ____________________________ 
 
Project Name: 
Overstreet Parking Structure Fence 
Project No.:   
GG2402.401 
To the City of Chandler, Arizona 
Gentlemen: 
This is to certify that all lawful claims for materials, rental of equipment and labor used in 
connection with the construction of the above project, whether by subcontractor or claimant in 
person, have been duly discharged. 
 
The undersigned, for the consideration of $________________________, as set out in the final pay 
estimate, as full and complete payment under the terms of the Agreement, hereby waives and 
relinquishes any and all further claims or right of lien under, in connection with, or as a result of 
the above described project.  The undersigned further agrees to indemnify and save harmless 
the City of Chandler against any and all liens, claims or liens, suits, actions, damages, charges 
and expenses whatsoever, which said City may suffer arising out of the failure of the 
undersigned to pay for all labor performances and materials furnished for the performance of 
said installation. 
 
Signed and dated at ________________, this _________ day of _______________ 20_____. 
 
 
__________________________________ 
                       CONTRACTOR 
 
By _______________________________ 
STATE OF ARIZONA  
) 
) SS 
COUNTY OF MARICOPA 
) 
 
The foregoing instrument was subscribed and sworn to before me this __________ day of 
__________________ 20 _________. 
___________________________________ 
 
 
 
 
 
Notary Public 
___________________________________ 
 
 
 
 
 
My Commission Expires

EXHIBIT F 
 
 
 
Project Name: Overstreet Parking Structure Fence  
Page F-1 
Project No.: GG2402.401 
Rev. 3/19/2024 
CERTIFICATE OF COMPLETION 
Project: 
Overstreet Parking Structure Fence   
Project No.: GG2402.401 
(TO BE COMPLETED BY CONTRACTOR) 
 
I HEREBY CERTIFY THAT ALL GOODS AND/OR SERVICES REQUIRED BY CITY OF CHANDLER PROJECT NO. 
GG2402.401 HAVE BEEN DELIVERED IN ACCORDANCE WITH THE AGREEMENT DOCUMENTS AND BID 
SPECIFICATIONS AND ALL ACTIVITIES REQUIRED BY THE CONTRACTOR UNDER THE AGREEMENT HAVE BEEN 
COMPLETED AS OF ____________________________. 
 
 
(Date) 
 
FIRM NAME: 
________________________________ 
 
PRINCIPAL: 
________________________________ 
         (Name) 
 
________________________________ 
      (Signature) 
 
________________________________ DATE: ___________________ 
          (Title) 
 
CERTIFIED BY ENGINEER/CONSULTANT (IF APPLICABLE): 
 
_________________________________ 
 
DATE: ____________________ 
      (Signature) 
 
_________________________________ 
 
        (Firm Name) 
  
PROJECT ACCEPTED BY USER DEPARTMENT 
 
_________________________________ 
 
DATE: ____________________ 
         (Signature) 
 
_________________________________ 
 
          (Dept. /Div.) 
 
_______________ Date of Final Walk-Through 
 
_______________ Date As-Built Received 
 
_______________ City As-Built Number

EXHIBIT G 
 
 
 
Project Name: Overstreet Parking Structure Fence 
Page G-1 
Project No.: GG2402.401 
Rev. 3/19/2024 
SUBCONTRACTOR DOCUMENTS WITH JOC CONTRACTOR 
 
Any subcontractor assumptions, clarifications, exclusions, terms & conditions, 
signature blocks, etc. included are strictly between the JOC Contractor and their 
subcontractors, and do not apply to the Agreement between the JOC Contractor and 
the City.

EXHIBIT H 
 
 
 
Project Name: Overstreet Parking Structure Fence 
Page H-1 
Project No.: GG2402.401 
Rev. 3/19/2024 
 
BUILDERS RISK INSURANCE