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Project Name: Runway 4R-22L Pavement Rehabilitation
City Project No.: AI2202.451; FAA AIP No.: 3-04-008-032-2023
Rev. 1/12/2024
Page 1
PROFESSIONAL SERVICES AGREEMENT
CONSTRUCTION MANAGEMENT SERVICES
RUNWAY 4R-22L PAVEMENT REHABILITATION
CITY PROJECT NO.: AI2202.451; FAA AIP NO.: 3-04-008-032-2023
Council Date: June 26, 2025
THIS AGREEMENT (“Agreement”) is made and entered into on the ______ day of_____________, 2025
(“Effective Date”), by and between City of Chandler, an Arizona municipal corporation, ("City''),
and Dibble CM LLC, a Delaware limited liability company, ("Consultant") (City and Consultant
may individually be referred to as “Party” and collectively referred to as “Parties”).
RECITALS
A. City proposes to engage Consultant to provide construction management services for
Runway 4R-22L Pavement Rehabilitation project (“Project”) as more fully described in Exhibit "A"
(“Services”), which is attached to and made a part of this Agreement by this reference.
B. Consultant 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 enter into an Agreement with Consultant 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 Consultant agree as follows:
SECTION I--CONSULTANT’S SERVICES
Consultant must perform the services described in Exhibit “A” to 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 Consultant under this Agreement must be performed in a skilled and
workmanlike manner. All fixtures, furnishings, and equipment furnished by Consultant 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.
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
Project Name: Runway 4R-22L Pavement Rehabilitation
City Project No.: AI2202.451; FAA AIP No.: 3-04-008-032-2023
Rev. 1/12/2024
Page 2
SECTION II--PERIOD OF SERVICE
Consultant must perform the services described in Exhibit “A” for the term of this
Agreement. Unless amended in writing by the Parties, the Agreement term expires 180
calendar days after the Notice to Proceed (NTP) Date.
SECTION III--PAYMENT OF COMPENSATION AND FEES
Unless amended in writing by the Parties, Consultant’s compensation and fees as more fully
described in Exhibit “B” for performance of the services approved and accepted by City
under this Agreement must not exceed $146,415 for the full term of the Agreement.
Consultant may not increase any compensation or fees under this Agreement without the
City’s prior written consent. Consultant must submit monthly requests for payment of
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 subconsultant’s or
supplier’s actual requests for payment plus similar narrative and listing of their work.
Consultant must submit an Application and Certification for Payment Sheet with the monthly
request for payment to: CapitalProjects.Payables@chandleraz.gov. 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 effort expended on the service during the
preceding month. All requests for payment must be submitted to City for review and
approval. City will make payment for approved and accepted services within 30 calendar days
of City’s receipt of the request for payment. Consultant bears all responsibility and liability for
any and all tax obligations that result from Consultant’s performance under this Agreement.
SECTION IV--CITY'S OBLIGATIONS
As part of Consultant’s services under this Agreement, City will provide furnished items,
services, or obligations as detailed in Exhibit “D”.
SECTION V--GENERAL CONDITIONS
5.1 Notices. Unless otherwise provided herein, demands 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 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:
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
Project Name: Runway 4R-22L Pavement Rehabilitation
City Project No.: AI2202.451; FAA AIP No.: 3-04-008-032-2023
Rev. 1/12/2024
Page 3
To City:
City of Chandler - Public Works & Utilities Department
Attn: CIP City Engineer: Daniel Haskins, P.E.
P.O. Box 4008, Mail Stop 407
Chandler, AZ 85244-4008
Phone: 480-782-3335 Email: Daniel.Haskins@chandleraz.gov
With a copy to:
City of Chandler - Public Works & Utilities Department
Attn: Raymond Potts, Project Manager
P.O. Box 4008, Mail Stop 407, Chandler, AZ 85244-4008
Phone: 480-782-3326 Email: Raymond.Potts@chandleraz.gov
To Consultant:
LEGAL COMPANY NAME: Dibble CM LLC
Mailing Address: 3020 East Camelback Road, Suite 201
Phoenix, AZ 85016
Physical Address: 3020 East Camelback Road, Suite 201
Phoenix, AZ 85016
Statutory Agent Name: KC Brandon
Statutory Agent Mailing Address:
3020 East Camelback Road, Suite 201
Phoenix, AZ 85016
Statutory Agent Physical Address: 3020 East Camelback Road, Suite 201
Phoenix, AZ 85016
CONSULTANT’S AUTHORIZED PROJECT REPRESENTATIVE
Name:
KC Brandon
Title:
President
Phone: 602-957-3936
Email:
kcbrandon@dibblecm.com
5.2 Records/Audit. Records of Consultant’s direct personnel payroll, reimbursable expenses
pertaining to this Agreement and records of accounts between City and Consultant must be
kept on the basis of generally accepted accounting principles and must be made available to
City and its auditors for up to three years following City’s final acceptance of the services
under this Agreement (this requirement is increased to five years if construction of this
project is federally funded). City, its authorized representative, or any federal agency,
reserves the right to audit Consultant’s records to verify the accuracy and appropriateness of
all cost and pricing data, including data used to negotiate this Agreement and any
amendments. City reserves the right to decrease the total amount of Agreement price or
payments made under this Agreement or request reimbursement from Consultant following
final Agreement payment on this Agreement if, upon audit of Consultant’s records, the audit
discloses Consultant has provided false, misleading, or inaccurate cost and pricing data.
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
Project Name: Runway 4R-22L Pavement Rehabilitation
City Project No.: AI2202.451; FAA AIP No.: 3-04-008-032-2023
Rev. 1/12/2024
Page 4
Consultant will include a similar provision in all of its Agreements with subconsultants who
provide services under the Agreement to ensure that City, its authorized representative, or
the appropriate federal agency, has access to the subconsultants’ records to verify the
accuracy of all cost and pricing data. City reserves the right to decrease Agreement price or
payments made on this Agreement or request reimbursement from Consultant following
final payment on this Agreement if the above provision is not included in subconsultant
agreements, and one or more subconsultants refuse to allow 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 Consultant has provided false, misleading, or inaccurate
cost and pricing data, and the cost discrepancies exceed 1% of the total Agreement billings,
Consultant will be liable for reimbursement of the reasonable, actual cost of the audit.
5.3 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 City. However, before any modified work is started, a written amendment must
be approved and executed by City and Consultant. Such amendment must not be effective
until approved by City. Additions to, modifications, or deletions from this Agreement as
provided herein may be made, and the compensation to be paid to Consultant may
accordingly be adjusted by mutual agreement of the Parties. It is distinctly understood and
agreed that no claim for extra services or materials furnished by Consultant will be allowed
by City except as provided herein, nor must Consultant 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 Consultant without prior written authorization will be at
Consultant’s own risk, cost, and expense, and Consultant hereby agrees that without written
authorization Consultant will make no claim for compensation for such work or materials
furnished.
5.4 Termination. City and Consultant hereby agree to the full performance of the covenants
contained herein, except that 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 Consultant. In the event City abandons
or suspends the services, or any part of the services as provided in this Agreement, City will
notify Consultant in writing and immediately after receiving such notice, Consultant must
discontinue advancing the work specified under this Agreement. Upon such termination,
abandonment, or suspension, Consultant must deliver to City all drawings, plans,
specifications, special provisions, estimates and other work entirely or partially completed,
together with all unused materials supplied by City. Consultant must appraise the work
Consultant has completed and submit Consultant’s appraisal to City for evaluation. City may
inspect Consultant’s work to appraise the work completed. Consultant will receive
compensation in full for services performed to the date of such termination. The fee will be
paid in accordance with Section Ill of this Agreement, and as mutually agreed upon by
Consultant and 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 fee exceed the fee set forth in Section Ill of this Agreement nor as amended in
accordance with Section "Alteration in Character of Work." City will make the final payment
within 60 days after Consultant has delivered the last of the partially completed items and
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
Project Name: Runway 4R-22L Pavement Rehabilitation
City Project No.: AI2202.451; FAA AIP No.: 3-04-008-032-2023
Rev. 1/12/2024
Page 5
the Parties agree on the final fee. If 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.
5.5 Indemnification. To the extent permitted by law, the Consultant ("lndemnitor") must
indemnify, save and hold harmless 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 Consultant or any of its owners, officers,
directors, agents, employees, or subconsultants 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 Consultant to conform to any federal, state
or local law, statute, ordinance, rule, regulation or court decree. Consultant must indemnify
lndemnitee from and against any and all Claims, except those arising solely from
lndemnitee's own negligent or willful acts or omissions. Consultant is responsible for primary
loss investigation, defense and judgment costs where this indemnification applies. In
consideration of the award of this Agreement, Consultant agrees to waive all rights of
subrogation against lndemnitee for losses arising from or related to this Agreement. The
obligations of Consultant under this provision survive the termination or expiration of this
Agreement.
5.6 Insurance Requirements. Consultant 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 Consultant and its
agents, representatives, employees, and subconsultants. Consultant and any subconsultant
must maintain this insurance until all of their obligations have been discharged, including any
warranty periods under this Agreement. These insurance requirements are minimum
requirements for this Agreement and in no way limit the indemnity covenants contained in
this Agreement. City in no way warrants that the minimum limits stated in Exhibit “C” are
sufficient to protect Consultant from liabilities that might arise out of the performance of the
work under this Agreement by Consultant, Consultant’s agents, representatives, employees,
or subconsultants. Consultant is free to purchase such additional insurance as may be
determined necessary.
5.7 Cooperation and Further Documentation. Consultant agrees to provide City such other
duly executed documents as may be reasonably requested by City to implement the intent
of this Agreement.
5.8 Successors and Assigns. City and Consultant 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 City nor Consultant 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 City.
5.9 Disputes. In any dispute arising out of an interpretation of this Agreement or the duties
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
Project Name: Runway 4R-22L Pavement Rehabilitation
City Project No.: AI2202.451; FAA AIP No.: 3-04-008-032-2023
Rev. 1/12/2024
Page 6
required not disposed of by agreement between Consultant and City, the final determination
at the administrative level will be made by City Engineer.
5.10 Completeness and Accuracy of Consultant’s Work. Consultant must be responsible for
the completeness and accuracy of Consultant’s services, data, and other work prepared or
compiled under Consultant’s obligation under this Agreement and must correct, at
Consultant’s expense, all willful or negligent errors, omissions, or acts that may be discovered.
Correction of errors disclosed and determined to exist during any construction of the project on
architectural or engineering drawings and specifications must be accomplished by Consultant.
The cost of the design necessary to correct those errors attributable to Consultant and any
damage incurred by City as a result of additional construction costs caused by such engineering
or architectural errors will be chargeable to Consultant and will not be considered a cost of the
Work. The fact that City has accepted or approved Consultant’s work will in no way relieve
Consultant of any of Consultant’s responsibilities.
5.11 Reporting. Written monthly reports, along with updated work schedules, will be made by
Consultant in the format prescribed by City. These reports will be delivered to City per schedule.
When requested by City, Consultant will attend Council meetings and provide finished documents
including correspondence for Council action, supporting charts, graphs, drawings and colored
slides of same.
5.12 Withholding Payment. City reserves the right to withhold funds from Consultant’s
payments up to the amount equal to the claims City may have against Consultant 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 City under the provisions of Section 38-511, Arizona Revised Statutes (A.R.S.).
5.14 Independent Consultant. For this Agreement Consultant constitutes an independent
contractor. Any provisions in this Agreement that may appear to give City the right to direct
Consultant as to the details of accomplishing the work or to exercise a measure of control
over the work means that Consultant must follow the wishes of 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, Consultant must
submit to City detailed resumes of key personnel that will be involved in performing services
prescribed in the Agreement. City hereby acknowledges its acceptance of such personnel to
perform services under this Agreement. At any time hereafter that Consultant desires to
change key personnel while performing under the Agreement, Consultant must submit the
qualifications of the new personnel to City for prior approval. Key personnel include, but are
not limited to, principals-in-charge, project manager, and project Consultant. Consultant will
maintain an adequate and competent staff of qualified persons, as may be determined by
City, throughout the performance of this Agreement to ensure acceptable and timely
completion of the Scope of Services. If City objects, with reasonable cause, to any of
Consultant’s staff, Consultant must take prompt corrective action acceptable to City and, if
required, remove such personnel from the Project and replace with new personnel agreed to
by City.
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
Project Name: Runway 4R-22L Pavement Rehabilitation
City Project No.: AI2202.451; FAA AIP No.: 3-04-008-032-2023
Rev. 1/12/2024
Page 7
5.16 Consultants or Subconsultants. Prior to beginning the work, Consultant must furnish City
for approval the names of consultants or subconsultants to be used under this Agreement.
Any subsequent changes are subject to City’s written prior approval.
5.17 Force Majeure. If either party is delayed or prevented from the performance of any act
required under this Agreement by reason of acts of God or other cause beyond the control
and without fault of the Party (financial inability excepted), performance of that act may be
excused, but only for the period of the delay, if the Party provides written notice to the other
Party within ten days of such act. The time for performance of the act may be extended for a
period equivalent to the period of delay from the date written notice is received by the other
Party.
5.18 Compliance with Federal Laws. Consultant understands and acknowledges the
applicability of the Americans with Disabilities Act, the Immigration Reform and Control Act
of 1986 and the Drug Free Workplace Act of 1989 to it. Consultant agrees to comply with these
laws in performing this Agreement and to permit City to verify such compliance.
5.19 No Israel Boycott. By entering into this Agreement, Consultant certifies that Consultant
is not currently engaged in, and agrees for the duration of the Agreement, not to engage in a
boycott of Israel as defined by state statute.
5.20 Legal Worker Requirements. A.R.S. § 41-4401 prohibits City from awarding an Agreement
to any consultant who fails, or whose subconsultants fail, to comply with A.R.S. § 23-214(A).
Therefore, Consultant agrees Consultant and each subconsultant 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
Consultant’s or subconsultant’s employee who provides services under this Agreement to
ensure that Consultant and subconsultants comply with the warranty under this provision.
5.21 Lawful Presence Requirement. A.R.S. §§ 1-501 and 1-502 prohibit City from awarding an
Agreement 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 Agreement award. This requirement
does not apply to business organizations such as corporations, partnerships, or limited
liability companies.
5.22 Covenant Against Contingent Fees. Consultant 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 Consultant’s firm. For breach or violation of this warrant, 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.
5.23 Non-Waiver Provision. The failure of either Party to enforce any of the provisions of this
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
Project Name: Runway 4R-22L Pavement Rehabilitation
City Project No.: AI2202.451; FAA AIP No.: 3-04-008-032-2023
Rev. 1/12/2024
Page 8
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.
5.24 Disclosure of Information Adverse to City’s Interests. To evaluate and avoid potential
conflicts of interest, Consultant must provide written notice to City, as set forth in this Section,
of any work or services performed by Consultant for third parties that may involve or be
associated with any real property or personal property owned or leased by City. Such notice
must be given 7 business days prior to commencement of the services by Consultant for a
third party, or 7 business days prior to an adverse action as defined below. Written notice
and disclosure must be sent in accordance with Section 6.7 above. An adverse action under
this Agreement includes, but is not limited to: (a) using data as defined in the Agreement
acquired in connection with this Agreement to assist a third party in pursuing administrative
or judicial action against City; or (b) testifying or providing evidence on behalf of any person
in connection with an administrative or judicial action against City; or (c) using data to produce
income for Consultant or its employees independently of performing the services under this
Agreement, without the prior written consent of City. Consultant represents that except for
those persons, entities, and projects identified to City, the services performed by Consultant
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 City’s interests. Consultant’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.
5.25 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 Consultant or its subconsultants 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
Consultant or its subconsultants in connection with Consultant’s or its subconsultant’s
performance of this Agreement is confidential and proprietary information belonging to City.
Except as specifically provided in this Agreement, Consultant or its subconsultants must not
divulge data to any third party without City’s prior written consent. Consultant or its
subconsultants 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 Consultant or its subconsultants have first given the required notice to City: (a)
data which was known to Consultant or its subconsultants prior to its performance under this
Consultant or its subconsultants by a third party, who to the best of Consultant’s or its
subconsultants’ knowledge and belief, had the legal right to make such disclosure and
Consultant or its subconsultants 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 Consultant or its subconsultants are subject. In the event Consultant or its
subconsultants are required or requested to disclose data to a third party, or any other
information to which Consultant or its subconsultants became privy as a result of any other
Agreement with City, Consultant must first notify City as set forth in this Section of the request
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
Project Name: Runway 4R-22L Pavement Rehabilitation
City Project No.: AI2202.451; FAA AIP No.: 3-04-008-032-2023
Rev. 1/12/2024
Page 9
or demand for the data. Consultant or its subconsultants must give City sufficient facts so
that City can be given an opportunity to first give its consent or take such action that City may
deem appropriate to protect such data or other information from disclosure. All data must
continue to be subject to the confidentiality agreements of this Agreement. Consultant or its
subconsultants assume all liability to maintain the confidentiality of the data in its possession
and agrees to compensate City if any of the provisions of this Section are violated by
Consultant, its employees, agents or subconsultants. 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. Consultant agrees that the requirements of this
Section must be incorporated into all subagreements entered into by Consultant. A violation
of this Section may result in immediate termination of this Agreement without notice.
5.26 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 Consultant or its subconsultants. At
a minimum, Consultant or its subconsultants 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 Consultant or its subconsultants in connection with this Agreement is believed
to have been compromised, Consultant or its subconsultants must immediately notify City
contact. Consultant agrees to reimburse City for any costs incurred by City to investigate
potential breaches of this data and, where applicable, the cost of notifying individuals who
may be impacted by the breach. Consultant agrees that the requirements of this Section must
be incorporated into all subcontracts entered into by Consultant. 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 Consultant or its subconsultants under this
Section must survive the termination of this Agreement.
5.27 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.
5.28 Survival. All warranties, representations, and indemnifications by Consultant must
survive the completion or termination of this Agreement.
5.29 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.
5.30 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
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
Project Name: Runway 4R-22L Pavement Rehabilitation
City Project No.: AI2202.451; FAA AIP No.: 3-04-008-032-2023
Rev. 1/12/2024
Page 10
Agreement and the application will not be affected and will be enforceable to the fullest
extent permitted by law.
5.31 Integration. This Agreement contains the full agreement of the Parties. Any prior or
contemporaneous written or oral agreement between the Parties regarding the subject
matter is merged and superseded.
5.32 Time is of the Essence. Time of each of the terms, covenants, and conditions of this
Agreement is hereby expressly made of the essence.
5.33 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 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.
5.34 Third Party Beneficiary. Nothing under this Agreement will be construed to give any
rights or benefits in the Agreement to anyone other than City and Consultant, and all duties
and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive
benefit of City and Consultant and not for the benefit of any other party.
5.35 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 Exhibit "A", the provisions
in this Agreement prevail.
5.36 Document/Information Release. Documents and materials released to Consultant,
which are identified by City as sensitive and confidential, are City’s property. The
document/material must be issued by and returned to City upon completion of the services
under this Agreement. Consultant secondary distribution, disclosure, copying, or duplication
in any manner is prohibited without 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.
5.37 Exhibits. The following exhibits are made a part of this Agreement and are incorporated
by reference:
Exhibit A - Scope of Services / Schedule
Exhibit B - Compensation and Fees
Exhibit C - Insurance Requirements
Exhibit D - Special Conditions
Exhibit E – Subconsultant Documents with Consultant (if applicable)
Exhibit F - Federal Requirements (if applicable)
5.38 Special Conditions. As part of the services Consultant provides under this Agreement,
Consultant agrees to comply with and fully perform the special terms and conditions set forth
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
Project Name: Runway 4R-22L Pavement Rehabilitation
City Project No.: AI2202.451; FAA AIP No.: 3-04-008-032-2023
Rev. 1/12/2024
Page 11
in Exhibit “D”, which is attached to and made a part of this Agreement.
5.39 Non-Discrimination and Anti-Harassment Laws. Consultant must comply with all
applicable City, state, and federal non-discrimination and anti-harassment laws, rules, and
regulations.
5.40 Licenses and Permits. Beginning with the Effective Date and for the full term of this
Agreement, Consultant must maintain all applicable City, state, and federal licenses and
permits required to fully perform Consultant’s services under this Agreement.
5.41 Warranties. Consultant must furnish a one-year warranty on all work and services
performed under this Agreement. Consultant must furnish, or cause to be furnished, a two-
year warranty on all fixtures, furnishings, and equipment furnished by Consultant,
subconsultants or suppliers under this Agreement. Any defects in design, workmanship, or
materials that do not comply with this Agreement must be corrected by Consultant (including,
but not limited to, all parts and labor) at Consultant’s sole cost and expense. All written
warranties and redlines for as-built conditions must be delivered to City on or before City’s
final acceptance of Consultant’s services under this Agreement.
5.42 Cooperative Purchasing Agreement (S.A.V.E. – Strategic Alliance for Volume
Expenditures). In addition to City of Chandler and with the approval of Consultant, 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, or procurement rules and regulations of the respective political entity.
5.43 Budget Approval into Next Fiscal Year. This Agreement will commence on the Effective
Date and continue in full force and effect until it is terminated or expires in accordance with
the provisions of this Agreement. The Parties recognize that the continuation of this
Agreement after the close of the City's fiscal year, which ends on June 30 of each year, is
subject to the City Council's approval of a budget that includes an appropriation for this item
as an expenditure. The City does not represent that this budget item will be actually adopted.
This determination is solely made by the City Council.
5.44 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.
5.45 License to City for Reasonable Use. With this Agreement, Consultant and its
subconsultants hereby grant a license to City, its agents, employees, and representatives for
an indefinite period of time to reasonably use, make copies, and distribute as appropriate
the Documents, works or deliverables developed or created as a result of the Project and this
Agreement. This license also includes the making of derivative works.
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
Project Name: Runway 4R-22L Pavement Rehabilitation
City Project No.: AI2202.451; FAA AIP No.: 3-04-008-032-2023
Rev. 1/12/2024
Page 12
This Agreement will be in full force and effect only when it has been approved and executed
by the duly authorized City officials.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
“CITY”
CITY OF CHANDLER
Mayor
RECOMMENDED BY:
Daniel Haskins, P.E.
CIP City Engineer
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
Seal
“CONSULTANT”
DIBBLE CM LLC
Signature
Date
Print Name
Title
Signer Email Address
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
May 29, 2025
president
kcbrandon@dibblecm.com
KC Brandon
May 29, 2025
Project Name: Runway 4R-22L Pavement Rehabilitation
City Project No.: AI2202.451; FAA AIP No.: 3-04-008-032-2023
Rev. 1/12/2024
Page A-1
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
Runway 4R22L Pavement Rehabilitation
Page 1
City Project No. AI2202.451
FAA AIP No.: 3-04-008-032-2023
EXHIBIT “A”
CONSTRUCTION MANAGEMENT
SCOPE OF SERVICES
Runway 4R22L Pavement Rehabilitation
CITY PROJECT NO. AI2202.451
FAA AIP No.: 3-04-008-032-2023
PROJECT TASKS
1.
PRE-CONSTRUCTION ASSISTANCE
A. Task 1.1 Preconstruction Assistance
i. Consultant must attend the pre-construction meeting.
2.
CONSTRUCTION MANAGEMENT
A. Task 2.1 Weekly Construction Meetings
i. Consultant must conduct weekly construction meetings. Each meeting
includes agenda and minutes; Request for Information (RFI); Shop Drawing;
Request for Information (RFI); Field Directive (FD); Material Certification; and
Allowance Logs. Consultant assumes 17 weekly meetings will be held.
B. Task 2.2 CPM Schedule
i. Consultant must review and evaluate Contractor’s initial CPM schedule and
provide recommendations for acceptance.
ii. Consultant must review Contractor’s monthly CPM schedule updates
submitted with each payment application, identify CPM tasks behind schedule
that may affect critical path items, project substantial and final completion
dates and initiate correspondence to city regarding those tasks. Consultant
assumes 4 reviews of updated CPM schedule.
C. Task 2.3 Requests for Information (RFI’s)
i. Consultant must review, prepare, and maintain a log of all RFI’s.
D. Task 2.4 Shop Drawing Submittals
i. Consultant must review, prepare, and maintain a log of all submittals.
E. Task 2.5 Requests for Proposal (RFP)
i. Consultant must prepare Requests for Proposal (RFP) documents detailing
requested additional work tasks; review and evaluate Contractor RFP
responses (cost derivations) with approval recommendations; and prepare
and maintain a submittal log list of all RFPs. Consultant assumes 5 RFPs.
F. Task 2.6 Field Directives (FD’s)
i. Consultant must prepare Field Directive (FD) documents detailing requested
additional work tasks; review and evaluate Contractor FD responses with
approval recommendations; and prepare and maintain a submittal log list of
all FDs. Consultant assumes 5 FD’s.
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
Runway 4R22L Pavement Rehabilitation
Page 2
City Project No. AI2202.451
FAA AIP No.: 3-04-008-032-2023
G. Task 2.7 Contractor Payment Applications
i. Consultant must review and evaluate Contractor monthly payment
applications.
1. Review payment applications and verify everything on the CM services
checklist is completed. Consultant assumes a maximum of 4 payment
applications, with 2 reviews each.
a. CPM Schedule is updated
b. Photos are uploaded
c. CM services Quantity Report matches contractor’s request
d. Allowance draws are recorded
e. Time and Materials requests have proper backup
f. Payments are made to the agreed lump sum schedule
g. Submit checklist to the City of Chandler
2. Review contractor’s red lines are up to date
3. Verifying last month’s payment application is accurately shown.
4. Recommendations will be based on consultant’s knowledge,
information, and belief, and will state whether in consultant’s opinion,
contractor’s work has progressed to the point indicated, subject to any
qualifications
stated
in
the
recommendation.
Consultant’s
recommendations will not be a representation that its observations to
check contractor’s work have been exhaustive, extended to every
aspect of contractor’s work, or have involved detailed inspections.
3.
CONSTRUCTION ADMINISTRATION
A. Task 3.1 Federal Compliance Administration
i. Consultant must conduct Contractor and Sub-contractor laborer interviews, as
necessary, per Federal Requirements.
ii. Inspector must document on daily reports each day; list of subcontractor’s and
identify
their
employees,
the
task
classifications,
and
equipment
subcontractors are utilizing on site.
iii. Consultant must collect, review, and verify material certifications are met
including “Buy America” and “Build America, Buy America” (BABA)
requirements; prepare and maintain material certificates and “Buy America”
and “Build America, Buy America” (BABA) requirements submittal log. NO
PAYMENTS
FOR
MATERIALS
WITHOUT
APPROVED
MATERIAL
CERTIFICATIONS.
B. Task 3.2 Federal Compliance Administrative Support
i. Consultant must provide administrative support to City staff for federal
reporting requirements. Consultant assumes 1 administrative assistant 5
hours per week for the duration of the project.
1. Documenting/logging subcontractor onsite
2. Reviewing certified payrolls
3. General federal compliance support
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
Runway 4R22L Pavement Rehabilitation
Page 3
City Project No. AI2202.451
FAA AIP No.: 3-04-008-032-2023
4.
CONSTRUCTION INSPECTION
A. Task 4.1 Inspection Services
i. Consultant must provide construction inspections to verify materials and
installations conform to construction documents and current Advisory
Circulars; prepare daily inspection reports documenting Contractor
construction activities and progress during field inspection visits with
associated pictures and descriptions; and perform intermittent erosion
control inspections. Consultant assumes 1 inspector full time 40 hours per
week for the duration of the project.
ii. Consultant must prepare and submit FAA Form 5370-1 monthly, Construction
Progress and Inspection Reports that include clear photographs of work
activities with descriptions of each.
B. Task 4.2 Project Closeout
i. Consultant must compile non-conformance list prior to Substantial
Completion; schedule and conduct Substantial Completion inspection;
prepare Substantial Completion punch list generated from Substantial
Completion inspection; track items on punch list and note completed items;
and complete and distribute Substantial Completion certificates.
ii. Consultant must schedule and conduct the Final Completion inspection; and
complete and distribute Final Completion certificates.
iii. Consultant must provide all documents in an electronic version that matches
the City’s filing system, so it can be imported into the city’s files.
iv. Warranty – Services after completion of the construction phase, including
inspections upon request during the 12-month warranty period, reporting
discrepancies under guarantees in the construction contract documents, and
providing assistance for resolution of defects to be corrected under warranty.
5.
MATERIALS TESTING
A. Task 5.1 Quality Control (QC) Test Program
i. Consultant must review and verify Contractor’s Quality Control material test
type and frequencies are consistent with City, MAG, and ADOT requirements;
review
and
evaluate
Contractor’s
QC
test
schedule
and
provide
recommendations on acceptance; and review and evaluate all Contractor
sampling, test, and inspection results for conformance with construction
documents.
B. Task 5.2 Material Certifications
i. Consultant must review and verify material certifications are met including
“Buy America” requirements; and prepare and maintain materials certificate
and “Buy America” requirement submittal log.
6.
RECORD DRAWINGS
A. Task 6.1 Record Drawings
i. Review and monitor Contractor’s weekly final submittal of red line drawing set.
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
Runway 4R22L Pavement Rehabilitation
Page 4
City Project No. AI2202.451
FAA AIP No.: 3-04-008-032-2023
ASSUMPTION, CLARIFICATIONS, AND EXCLUSIONS
1.
Application fees for City reviews and permits will be paid by CITY.
2.
The Owner’s Allowance will only be utilized with prior written approval from the City
representative.
3.
The Direct Expense Allowance will be used for normal reimbursable expenses on the project.
Items must be billed at cost and backup must be provided with pay applications.
4.
Contract work must be performed in accordance with Exhibit D Title VI Assurances Appendix
A and Exhibit E Title VI Assurances Appendix E.
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
Project Name: Runway 4R-22L Pavement Rehabilitation
City Project No.: AI2202.451; FAA AIP No.: 3-04-008-032-2023
Rev. 1/12/2024
Page B-1
EXHIBIT “B”
COMPENSATION AND FEES
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
Task
Cost
1
1.1
860.00
$
860.00
$
2
2.1
10,350.00
$
2.2
1,050.00
$
2.3
1,975.00
$
2.4
1,975.00
$
2.5
2,300.00
$
2.6
2,300.00
$
2.7
2,630.00
$
22,580.00
$
3
3.1
-
$
3.2
9,350.00
$
SUBTOTAL TASK 3:
9,350.00
$
4
4.1
92,800.00
$
4.2
4,800.00
$
97,600.00
$
Federal Compliance Administration
CON STRUCTION ADMIN ISTRATION
CON STRUCTION IN SPECTION
Inspection Services
SUBTOTAL TASK 1:
SUBTOTAL TASK 2:
Shop Drawing Submittals
Weekly Construction Meetings
Field Directive (FD)
EXHIBIT "B"
CON STRUCTION MAN AGEMEN T
SCOPE OF SERVICES
Runway 4R22L Pavement Rehabilitation
FEE SCHEDULE
Requests for Proposal (RFP)
CPM Schedule
Requests for Information (RFI)
AI2202.451 (AIP: 3-04-008-032-2023)
Pre-Construction Assistance
SUBTOTAL TASK 4:
Project Closeout
Federal Compliance Administrative Support
PRE-CON STRUCTION ASSISTAN CE
CON STRUCTION MAN AGEMEN T
Contractor Payment Applications
Description
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
5
MATERIALS TESTIN G
5.1
3,175.00
$
5.2
1,425.00
$
4,600.00
$
6
6.1
1,425.00
$
1,425.00
$
-
$
-
$
-
$
-
$
-
$
-
$
10,000.00
$
10,000.00
$
146,415.00
$
Record Drawings
Material Certifications
Direct Expense Allowance
Owner's Allowance
SUBTOTAL ALLOWAN CES:
PROJECT TOTAL:
SUBTOTAL TASK 6:
SUBTOTAL SUBCON SULTAN TS:
Subconsultant Name
Subconsultant Name
Subconsultant Name
SUBCON SULTAN TS
ALLOWAN CES
Subconsultant Name
RECORD DRAWIN GS
SUBTOTAL TASK 5:
QC Test Program
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
Project Name: Runway 4R-22L Pavement Rehabilitation
City Project No.: AI2202.451; FAA AIP No.: 3-04-008-032-2023
Rev. 1/12/2024
Page C-1
EXHIBIT “C”
INSURANCE REQUIREMENTS
1.
General.
1.1 At the same time as execution of this Agreement, Consultant must furnish 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 will not be deemed to apply to required Workers’
Compensation coverage.
1.2 Consultant and any of its subconsultants must 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.
1.3 The insurance requirements set forth below are minimum requirements for this Agreement
and in no way limit the indemnity covenants contained in this Agreement.
1.4 City in no way warrants that the minimum insurance limits contained in this Agreement are
sufficient to protect Consultant from liabilities that might arise out of the performance of
the Agreement services under this Agreement by Consultant, its agents, representatives,
employees, subconsultants, and Consultant is free to purchase any additional insurance as
may be determined necessary.
1.5 Failure to demand evidence of full compliance with the insurance requirements in this
Agreement or failure to identify any insurance deficiency will not relieve Consultant 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.
1.6 Use of subconsultants: If any work is subcontracted in any way, Consultant must execute a
written Agreement with subconsultant containing the same Indemnification Clause and
Insurance Requirements as City requires of Consultant in this Agreement. Consultant is
responsible for executing the Agreement with the subconsultant and obtaining Certificates
of Insurance and verifying the insurance requirements.
2.
Minimum Scope and Limits of Insurance. Consultant must provide coverage with limits of
liability not less than those stated below.
2.1 Professional Liability. If the Agreement is the subject of any professional services or work
performed by Consultant, or if Consultant engages in any professional services or work
adjunct or residual to performing the work under this Agreement, Consultant must maintain
Professional Liability insurance covering errors and omissions arising out of the work or
services performed by Consultant, or anyone employed by Consultant, or anyone whose
acts, mistakes, errors and omissions Consultant is legally liable, with a liability limit of
$1,000,000 each claim and $2,000,000 all claims. In the event the Professional Liability
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
Project Name: Runway 4R-22L Pavement Rehabilitation
City Project No.: AI2202.451; FAA AIP No.: 3-04-008-032-2023
Rev. 1/12/2024
Page C-2
insurance policy is written on a “claims made” basis, coverage must extend for 3 years past
completion and acceptance of the work or services, and Consultant, or its selected Design
Professional will submit Certificates of Insurance as evidence the required coverage is in
effect. The Design Professional must annually submit Certificates of Insurance citing that the
applicable coverage is in force and contains the required provisions for a 3 year period.
2.2 Commercial General Liability-Occurrence Form. Consultant must maintain “occurrence” form
Commercial General Liability insurance with a limit of not less than $2,000,000 for each
occurrence, $4,000,000 aggregate. Said insurance must also include coverage for products
and completed operations, independent contractors, personal injury and advertising injury.
If any Excess insurance is utilized to fulfill the requirements of this paragraph, the Excess
insurance must be “follow form” equal or broader in coverage scope than underlying
insurance.
2.3 Automobile Liability-Any Auto or Owned, Hired and Non-Owned Vehicles
Vehicle Liability: Consultant must maintain Business/Automobile Liability insurance with a
limit of $1,000,000 each accident on Consultant owned, hired, and non-owned vehicles
assigned to or used in the performance of Consultant’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.
2.4 Workers Compensation and Employers Liability Insurance: Consultant must maintain Workers
Compensation insurance to cover obligations imposed by federal and state statutes having
jurisdiction of Consultant 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.
3.
Additional Policy Provisions Required.
3.1 Self-Insured Retentions or Deductibles. Any self-insured retentions and deductibles must be
declared and approved by City. If not approved, City may require that the insurer reduce or
eliminate any deductible or self-insured retentions with respect to City, its officers, officials,
agents, employees, and volunteers.
3.1.1. Consultant’s insurance must contain broad form contractual liability coverage.
3.1.2. Consultant’s insurance coverage must be primary insurance with respect to City, its
officers, officials, agents, and employees. Any insurance or self-insurance maintained
by City, its officers, officials, agents, and employees will be in excess of the coverage
provided by Consultant and must not contribute to it.
3.1.3. Consultant’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.
3.1.4. Coverage provided by Consultant must not be limited to the liability assumed under
the indemnification provisions of this Agreement.
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
Project Name: Runway 4R-22L Pavement Rehabilitation
City Project No.: AI2202.451; FAA AIP No.: 3-04-008-032-2023
Rev. 1/12/2024
Page C-3
3.1.5. The policies must contain a severability of interest clause and waiver of subrogation
against City, its officers, officials, agents, and employees, for losses arising from Work
performed by Consultant for City. (Does not apply to Professional Liability coverage.)
3.1.6. Consultant, its successors and or assigns, are required to maintain Commercial
General Liability insurance as specified in this Agreement for a minimum period of 3
years following completion and acceptance of the Work. Consultant must submit a
Certificate of Insurance evidencing Commercial General Liability insurance during this
3-year period containing all the Agreement insurance requirements, including
naming City of Chandler, its agents, representatives, officers, directors, officials and
employees as Additional Insured as required.
3.1.7. If a Certificate of Insurance is submitted as verification of coverage, 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.
3.2. Insurance Cancellation During Term of Agreement.
3.2.1. If any of the required policies expire during the life of this Agreement, Consultant
must forward renewal or replacement Certificates to City within 10 days after the
renewal date containing all the required insurance provisions.
3.2.2. Each insurance policy required by the insurance provisions of this Agreement must
provide the required coverage and must not be suspended, voided or canceled
except after thirty (30) days prior written notice has been given to City, except when
cancellation is for non-payment of premium, then ten (10) days prior notice may be
given. Such notice must 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, Consultant or its
insurance broker must notify City of any cancellation, suspension, non-renewal of any
insurance within seven (7) days of receipt of insurers’ notification to that effect.
3.3
City as Additional Insured. The policies are to contain, or be endorsed to contain, the following
provisions:
3.3.1. The Commercial General Liability and Automobile Liability policies are to contain, or
be endorsed to contain, the following provisions: City, its officers, officials, agents,
and employees are additional insureds with respect to liability arising out of activities
performed by, or on behalf of, Consultant; Products and Completed operations of
Consultant; and automobiles owned, leased, hired, or borrowed by Consultant.
3.3.2. City, its officers, officials, agents, and employees must be additional insureds to the
full limits of liability purchased by Consultant even if those limits of liability are in
excess of those required by this Agreement.
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
Project Name: Runway 4R-22L Pavement Rehabilitation
City Project No.: AI2202.451; FAA AIP No.: 3-04-008-032-2023
Rev. 1/12/2024
Page D-1
EXHIBIT “D”
SPECIAL CONDITIONS
Standard Details and Specifications. Consultant must be familiar with City’s latest revision of
the MAG Specifications and MAG Standard Details as amended by City. City’s current
amendment to the MAG Specifications, part of City’s Unified Development Manual, may be found
and downloaded from City’s website at http://www.chandleraz.gov/udm.
City Ownership of Project Documents. All work products (electronically or manually
generated) including, but not limited to: plans, specifications, cost estimates, field notes,
tracings, studies, investigations, design analyses, original drawings, original mylars, Computer
Aided Drafting and Design (CADD) file diskettes which reflect all final drawings, and other
related documents which are prepared in the performance of this Agreement (collectively
referred to as "Documents") are to be and remain the property of City and are to be delivered
to the Project Manager before the final payment is made to Consultant. In the event these
Documents are altered, modified or adapted without the written consent of Consultant,
which consent Consultant must not unreasonably withhold, City agrees to hold Consultant
harmless to the extent permitted by law from the legal liability arising out of City's alteration,
modification or adaptation of the Documents.
Re-use of Documents. The parties agree the documents, drawings, specifications and designs,
although the property of City, are prepared for this specific project and are not intended nor
represented by Consultant to be suitable for re-use for any other project. Any re-use without
written verification or adaptation by Consultant for the specific purpose intended will be at
City’s sole risk and without liability or legal exposure to Consultant.
Documents to Bear Seal. Consultant and its subconsultants must endorse by professional
seal all plans, works, and deliverables prepared by each for this Agreement as required by
state law.
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
Project Name: Runway 4R-22L Pavement Rehabilitation
City Project No.: AI2202.451; FAA AIP No.: 3-04-008-032-2023
Rev. 1/12/2024
Page E-1
EXHIBIT “E”
SUBCONSULTANT DOCUMENTS WITH CONSULTANT
Any subconsultant assumptions, clarifications, exclusions, terms & conditions,
signature blocks, etc. included are strictly between the Consultant and their
subconsultants, and do not apply to the Agreement between the Consultant and
the City.
N/A
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
Project Name: Runway 4R-22L Pavement Rehabilitation
City Project No.: AI2202.451; FAA AIP No.: 3-04-008-032-2023
Rev. 1/24/2024
Page F-1
EXHIBIT “F”
FEDERAL REQUIREMENTS
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
FAA FEDERAL DOCUMENTS
IMPORTANT NOTES:
DBE Goal:
The City of Chandler has a Race Neutral DBE Goal of 3.30% for
10-01-2024 through 09-30-2027. The City of Chandler recommends the
utilization of DBE’s.
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
TABLE OF CONTENTS
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
FAA FEDERAL DOCUMENTS TABLE OF CONTENTS 2025-04-03
TABLE OF CONTENTS
FAA FEDERAL DOCUMENTS
PROFESSIONAL SERVICES RFQ AND CONTRACT
SECTION 1: FAA FEDERAL GUIDE
SECTION 2: BIDDERS LIST (SUBMIT)
SECTION 3: VERIFICATION STATEMENT (SUBMIT)
SECTION 4: FAA FEDERAL PROVISIONS (29 pages)
Access to Records and Reports ........................................................................... Pg 1 of 29
Breach of Contract Terms ..................................................................................... Pg 2 of 29
Buy American Preference / Build America-Buy America (BABA) FAA ............. Pg 3 of 29
Civil Rights .............................................................................................................. Pg 4 of 29
Civil Rights – Title VI .............................................................................................. Pg 5 of 29
Clean Air and Water Pollution Control ................................................................. Pg 7 of 29
Contract Work Hours and Safety Standards Act Requirements ....................... Pg 8 of 29
Copeland “Anti-Kickback” Act .............................................................................. Pg 9 of 29
Debarment and Suspension ................................................................................ Pg 10 of 29
Disadvantaged Business Enterprise/ Prompt Pay Provisions .......................... Pg 11 of 29
Distracted Driving ................................................................................................... Pg 12 of 29
Domestic Preferences for Procurements ............................................................. Pg 13 of 29
Equal Employment Opportunity (EEO): Clause .................................................. Pg 14 of 29
EEO Specification ................................................................................................... Pg 15 of 29
Federal Fair Labor Standards Act (Federal Minimum Wage) ............................. Pg 19 of 29
Lobbying and Influencing Federal Employees .................................................... Pg 20 of 29
Occupational Safety and Health Act of 1970 ....................................................... Pg 21 of 29
Prohibition of Segregated Facilities ..................................................................... Pg 22 of 29
Seismic Safety ........................................................................................................ Pg 23 of 29
Tax Delinquency and Felony Convictions .......................................................... Pg 24 of 29
Certification of Offeror/Bidder Regarding No Tax Delinquency and
No Felony Convictions .................................................................................. Pg 25 of 29
Telecommunications/Video Surveillance Serv/Equip Prohibition ..................... Pg 26 of 29
Termination of Contract ......................................................................................... Pg 27 of 29
Trade Restrictions .................................................................................................. Pg 28 of 20
Veteran’s Preference .............................................................................................. Pg 29 of 29
SUBMIT WITH SOQ: (or in preparation of Contract for Direct Select)
Bidders List
Verification Statement
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SECTION 1
FAA FEDERAL GUIDE
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Federal Funded Contract Guide for Professional Services – 2025-04-03
Federal Funded Contract Guide for Professional Services
This is an FAA federal funded contract
1.
THIS IS AN FAA FEDERAL FUNDED CONTRACT / PROJECT. There is a ZERO TOLERANCE for compliance
of the federal requirements. FAA can take back federal funds for non-compliance.
2.
THIS CONTRACT GUIDE MUST BE INCLUDED IN ALL SUBCONTRACTS. This document will be included in
the Subconsultant subcontract federal documents that the City will provide.
3.
RECORD RETENTION REQUIREMENTS: Records must be maintained by all Consultants / Subconsultants for
five (5) years following completion.
4.
Notice to all Consultants/Subconsultants: Cannot work on a federal funded contract if Consultant/Subconsultant
has outstanding unresolved federal tax liens or have an open/current federal contract debarment. It is highly
recommended to be registered in “SAM”. All Consultants/Subconsultants will be required to sign a verification
certification to this requirement.
5.
SUBCONSULTANTS
a.
Subconsultants must be approved prior to subcontract work start.
b.
Any subconsultant billing for work dated prior to Consultant Contract Start Date or City of Chandler
subconsultant approval date will not be approved and paid.
c.
City of Chandler will provide requirements for subcontracts and subconsultant approval process AFTER
Contract Award. There are federal documents that must be included in all subcontracts.
d.
All Consultants / Subconsultants must be registered in the AZ UTracs System and have a 5-digit UTracs
Number and must be current. Please update the Profile/Registration is it has expired. Subconsultant
Requests will not be approved unless this is current.
e.
DBE Subconsultants is required to submit the DBE Final Payment Cert form after their subcontract work
is complete and/or must be submitted prior to final payment to the Prime Consultant.
6.
PAYMENT REPORTING
a.
Monthly reporting of payments made/received is required by Prime Consultant and all subconsultants.
b.
Reporting process will be provided. Reporting may be utilizing the ADOT DOORS system. Therefore, all
Consultants and Subconsultants should be registered in the DOORS system.
c.
Penalties may be assessed for non-reporting.
7.
PROMPT PAY
a.
Prime must pay subconsultants within seven (7) days of receiving payment from City of Chandler.
b.
Subconsultants must pay lower tiers within seven (7) days of receiving payment from Prime.
c.
Penalties may be assessed for Prompt Pay discrepancies. All Prompt Pay discrepancies will need to be
reviewed and documented.
8.
BUY AMERICAN / BABA REQUIREMENTS
a.
Communicate this section clearly with all subconsultants, suppliers, and vendors.
b.
Materials to be used on this project must follow the 'BUY AMERICAN' requirements and the recently
federal required “BABA” requirements effective 05-14-2022.
c.
FAA IS “BUY AMERICAN”. (FHWA / FTA Funded Projects- BUY AMERICA).
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SECTION 2
BIDDERS LIST
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
1
Jennifer Drury
From:
ADOT Business Engagement and Compliance Office <AZUTRACS-Support@azdot.gov>
Sent:
Tuesday, May 20, 2025 2:55 PM
To:
Jennifer Drury
Cc:
contractorcompliance@azdot.gov
Subject:
Bidders List for Dibble CM, LLC
Dibble CM, LLC, AZUTRACS Number: 10280 has submitted a Bidder/Proposer list for AI2202-401 on
05/20/2025 at 2:55 PM MST (UTC - 07:00).
Dibble CM, LLC submitted a blank bidders/proposers list. This means that they did not list any firms that
they reached out to or were contacted by during the preparation of this bid/proposal. NOTE: Subbing out
work is encouraged, where applicable. Under some circumstances, no subbing opportunities are
available.
You don't often get email from azutracs-support@azdot.gov. Learn why this is important
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SECTION 3
VERIFICATION STATEMNENT
FOR
DEBARMENT AND SUSPENSION
CERTIFICATION
AND
TAX DELINQUENCY AND FELONY CONVICTIONS CERTIFICATION
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SECTION 4
FAA FEDERAL PROVISIONS
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ACCESS TO RECORDS AND REPORTS
:2 CFR § 200.334; 2 CFR § 200.337; FAA Order 5100.38
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner,
the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized
representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to
the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor
agrees to maintain all books, records and reports required under this contract for a period of not less than three years
after final payment is made and all pending matters are closed.
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BREACH OF CONTRACT TERMS
2 CFR
Any violation or breach of terms of this contract on the part of the Consultant or its subcontractors may result in the
suspension or termination of this contract or such other action that may be necessary to enforce the rights of the
parties of this agreement.
Owner will provide Consultant written notice that describes the nature of the breach and corrective actions the
Consultant must undertake in order to avoid termination of the contract. Owner reserves the right to withhold
payments to Contractor until such time the Contractor corrects the breach or the Owner elects to terminate the
contract. The Owner’s notice will identify a specific date by which the Consultant must correct the breach. Owner
may proceed with termination of the contract if the Consultant fails to correct the breach by the deadline indicated in
the Owner’s notice.
The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder
are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available
by law.
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BUY AMERICAN PREFERENCE
Title 49 USC § 50101
Executive Order 14005, Ensuring the Future is Made in All of America by All of America’s Workers
Bipartisan Infrastructure Law (Pub. L. No. 117-58), Build America, Buy America (BABA)
There are two types of FAA Buy American certifications. The Sponsor must incorporate the appropriate certifications
of compliance with FAA Buy American Preference in the solicitation:
•
Construction Projects involving the replacement, rehabilitation, reconstruction of airfield surfaces such as on
runways, taxiways, taxi lanes, aprons, roadways, parking lots, etc. – Insert the Certificate of compliance to
FAA Buy American Preference based on Construction Projects.
•
Equipment and Buildings Projects involving and including the acquisition of equipment such as snow
removal equipment, navigational aids, wind cones, and the construction of buildings such as hangars, terminal
development, lighting vaults, aircraft rescue & firefighting buildings, etc. - Insert the Certificate of Compliance
with FAA Buy American Preference Based on Equipment/Building Projects.
FAA BUY AMERICAN PREFERENCE
The Contractor certifies that its bid/offer is in compliance with 49 USC § 50101, BABA and other related Made in
America Laws,1 U.S. statutes, guidance, and FAA policies, which provide that Federal funds may not be obligated
unless all iron, steel and manufactured goods used in AIP funded projects are produced in the United States, unless
the Federal Aviation Administration has issued a waiver for the product; the product is listed as an Excepted Article,
Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy
American Waivers Issued list.
The bidder or offeror must complete and submit the certification of compliance with FAA’s Buy American Preference,
BABA and Made in America laws included herein with their bid or offer. The Airport Sponsor/Owner will reject as
nonresponsive any bid or offer that does not include a completed certification of compliance with FAA’s Buy
American Preference and BABA.
The bidder or offeror certifies that all constructions materials, defined to mean an article, material, or supply other
than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such
as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non-ferrous
metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers
used in fiber optic cables); glass (including optic glass); lumber; or drywall used in the project are manufactured in
the U.S.
certifications of compliance with FAA Buy American Preference in the solicitation:
•
Construction Projects involving the replacement, rehabilitation, reconstruction of airfield surfaces such as on
runways, taxiways, taxi lanes, aprons, roadways, parking lots, etc. – Insert the Certificate of compliance to
FAA Buy American Preference based on Construction Projects.
•
Equipment and Buildings Projects involving and including the acquisition of equipment such as snow
removal equipment, navigational aids, wind cones, and the construction of buildings such as hangars, terminal
development, lighting vaults, aircraft rescue & firefighting buildings, etc. - Insert the Certificate of Compliance
with FAA Buy American Preference Based on Equipment/Building Projects.
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CIVIL RIGHTS - GENERAL
49 USC § 47123
GENERAL CIVIL RIGHTS PROVISIONS
In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes,
Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to
ensure that no person shall, on the grounds of race, color, national origin (including limited English proficiency),
creed, sex (including sexual orientation and gender identity), age, or disability be excluded from participating in any
activity conducted with or benefiting from Federal assistance.
This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
The above provision binds the Contractor and subcontractors from the bid solicitation period through the completion
of the contract.
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CIVIL RIGHTS TITLE VI ASSURANCE
49 USC § 47123; FAA Order 1400.11
Title VI Solicitation Notice:
The CITY OF CHANDLER, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252,
42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively
ensure that for any contract entered into pursuant to this advertisement, [select businesses, or disadvantaged
business enterprises or airport concession disadvantaged business enterprises] will be afforded full and fair
opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds
of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender
identity), age, or disability in consideration for an award.
Title VI List of Pertinent Nondiscrimination Acts and Authorities
During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the “Contractor”) agrees to comply with the following non-discrimination statutes and
authorities; including but not limited to:
•
Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis
of race, color, national origin);
•
49 CFR part 21 (Non-discrimination in Federally-Assisted programs of the Department of Transportation—
Effectuation of Title VI of the Civil Rights Act of 1964);
•
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits
unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid
programs and projects);
•
Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the
basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities
Receiving Federal Financial Assistance);
•
The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of
age);
•
Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on
race, creed, color, national origin, or sex);
•
The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage and applicability of Title VI
of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of
1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of
the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally
funded or not);
•
Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit discrimination on
the basis of disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at
49 CFR parts 37 and 38;
•
The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on
the basis of race, color, national origin, and sex);
•
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-
Income Populations (ensures nondiscrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human health or environmental effects on
minority and low-income populations);
•
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and
resulting agency guidance, national origin discrimination includes discrimination because of limited English
proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP
persons have meaningful access to your programs [70 Fed. Reg. 74087 (2005)];
•
Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because
of sex in education programs or activities (20 USC § 1681, et seq).
.
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Compliance with Nondiscrimination Requirements:
During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the “Contractor”), agrees as follows:
1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List
of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein
incorporated by reference and made a part of this contract.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not
discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex
(including sexual orientation and gender identity), age, or disability in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The Contractor will not participate directly or
indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment
practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract,
including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be
notified by the Contractor of the contractor’s obligations under this contract and the Nondiscrimination Acts and
Authorities on the grounds of race, color, or national origin.
4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation
Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and
instructions. Where any information required of a contractor is in the exclusive possession of another who fails or
refuses to furnish the information, the Contractor will so certify to the Sponsor or the Federal Aviation
Administration, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non-discrimination
provisions of this contract, the Sponsor will impose such contract sanctions as it or the Federal Aviation
Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts,
the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any
subcontract or procurement as the Sponsor or the Federal Aviation Administration may direct as a means of
enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes
involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the
Contractor may request the Sponsor to enter into any litigation to protect the interests of the Sponsor. In
addition, the Contractor may request the United States to enter into the litigation to protect the interests of the
United States.
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CLEAN AIR AND WATER POLLUTION CONTROL
2 CFR Part 200, Appendix II(G); 42 USC § 7401, et seq; 33 USC § 1251, et seq
Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air
Act (42 USC §§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 USC §§ 1251-1387). The
Contractor agrees to report any violation to the Owner immediately upon discovery. The Owner assumes
responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.
Contractor must include this requirement in all subcontracts that exceed $150,000.
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CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
2 CFR Part 200, Appendix II(E); 2 CFR § 5.5(b); 40 USC § 3702; 40 USC § 3704
Contract Work Hours and Safety Standards Act Requirements (CWHSSA) (40 USC §§ 3702 & 3704) requires
contractors and subcontractors on covered contracts to pay laborers and mechanics employed in the performance of
the contracts not less than one and one-half times their basic rate of pay for all hours worked over 40 in a workweek.
CWHSSA prohibits unsanitary, hazardous, or dangerous working conditions on federally-assisted projects. The Wage
and Hour Division (WHD) within the U.S. Department of Labor (DOL) enforces the compensation requirements of this
Act, while DOL’s Occupational Safety and Health Administration (OSHA) enforces the safety and health requirements.
Professional Services – This provision applies to professional service agreements that exceed $100,000 and
employs laborers, mechanics, watchmen, and guards. This includes members of survey crews and exploratory
drilling operations.
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
1. Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may require or involve the
employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and
guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the
basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia
or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be
computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation
of the clause set forth in paragraph (1) of this clause, in the sum of $29 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph (1) of this clause.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on
account of work performed by the contractor or subcontractor under any such contract or any other Federal contract
with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary
to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in
the clause set forth in paragraph (2) of this clause.
4. Subcontractors.
The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4)
and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set
forth in paragraphs (1) through (4) of this clause.
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COPELAND “ANTI-KICKBACK” ACT
2 CFR Part 200, Appendix II(D); 29 CFR Parts 3 and 5
Professional Services –The emergence of different project delivery methods has created situations where
Professional Service Agreements (PSAs) include tasks that meet the definition of construction, alteration, or
repair as defined in 29 CFR Part 5. If such tasks result in work that qualifies as construction, alteration, or
repair and it exceeds $2,000, contracts and subcontracts must incorporate this Copeland Anti-kickback
provision.
COPELAND “ANTI-KICKBACK” ACT
Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 USC 874 and 40 USC 3145),
as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited
from inducing, by any means, any person employed on the project to give up any part of the compensation to which
the employee is entitled. The Contractor and each Subcontractor must submit to the Owner, a weekly statement on
the wages paid to each employee performing on covered work during the prior week. Owner must report any
violations of the Act to the Federal Aviation Administration.
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DEBARMENT AND SUSPENSION
2 CFR Part 180 (Subpart B); 2 CFR Part 200, Appendix II(H); 2 CFR Part 1200; DOT Order 4200.5; Executive Orders
12549 and 12689
CERTIFICATION OF OFFEROR/BIDDER/CONSULTANT REGARDING DEBARMENT
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are
presently debarred or suspended by any Federal department or agency from participation in this transaction.
Note: This requirement applies to all subconsultants and a Certification Form will be required (form will be included in
the Subconsultant Request Packet from the City of Chandler).
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DISADVANTAGED BUSINESS ENTERPRISE
49 CFR Part 26
The requirements of 49 CFR part 26 apply to this contract. It is the policy of the City of Chandler to practice
nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. The
Owner encourages participation by all firms qualifying under this solicitation regardless of business size or
ownership.
Contract Assurance
The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the
award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a
material breach of this contract, which may result in the termination of this contract or such other remedy as the
recipient deems appropriate, which may include, but is not limited to:
-Withholding monthly progress payments;
-Assessing sanctions;
-Liquidated damages; and/or
-Disqualifying the Contractor from future bidding as non-responsible.
Termination of DBE Subcontracts (49 CFR § 26.53(f); acceptable/sample text provided) –
The prime contractor must not terminate a DBE subcontractor without the approval of The City of Chandler.. This
includes, but is not limited to, instances in which the prime contractor seeks to perform work originally designated for a
DBE subcontractor with its own forces or those of an affiliate, a on-DBE firm, or with another DBE firm.
The prime contractor shall utilize the specific DBEs contracted to perform the work and supply the materials for which
each is listed unless the contractor obtains written consent of The City of Chandler. Unless The City of Chandler’s
consent is provided, the prime contractor shall not be entitled to any payment for work or material unless it is
performed or supplied by the listed DBE.
The City of Chandler may provide such written consent only if The City of Chandler agrees, for reasons stated in the
concurrence document, that the prime contractor has good cause to terminate the DBE firm. For purposes of this
paragraph, good cause includes the circumstances listed in 49 CFR §26.53.
Before transmitting to The City of Chandler its request to terminate and/or substitute a DBE subcontractor, the prime
contractor must give notice in writing to the DBE subcontractor, with a copy to The City of Chandler, of its intent to
request to terminate and/or substitute, and the reason for the request.
The prime contractor must give the DBE five (5) days to respond to the prime contractor's notice and advise The City
of Chandler and the contractor of the reasons, if any, why it objects to the proposed termination of its subcontract
and why The City of Chandler should not approve the prime contractor's action. If required in a particular case as a
matter of public necessity (e.g., safety), The City of Chandler may provide a response period shorter than five days.
In addition to post-award terminations, the provisions of this section apply to pre-award deletions of or substitutions
for DBE Firms put forward by offerors in negotiated procurements.
PROMPT PAY PROVISION
49 CFR § 26.29
The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its
contract NO LATER THAN 14 DAYS from the receipt of each payment the prime contractor receives from The City
of Chandler. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days
after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written approval of The City of Chandler. This clause
applies to both DBE and non-DBE subcontractors.
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DISTRACTED DRIVING
Executive Order 13513; DOT Order 3902.10
TEXTING WHEN DRIVING
In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving”,
(10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”, (12/30/2009), the Federal Aviation
Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease
crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to
a grant or subgrant.
In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its employees
and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging
while driving motor vehicles while performing work activities associated with the project. The Contractor must include
the substance of this clause in all sub-tier contracts exceeding $10,000 that involve driving a motor vehicle in
performance of work activities associated with the project.
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DOMESTIC PREFERENCES FOR PROCUREMENTS - CERTIFIATION
2 CFR § 200.322; 2 CFR Part 200, Appendix II(L)
The Bidder or Offeror certifies by signing and submitting this bid or proposal that, to the greatest extent practicable,
the Bidder or Offeror has provided a preference for the purchase, acquisition, or use of goods, products, or materials
produced in the United States (including, but not limited to, iron, aluminum, steel, cement, and other manufactured
products) in compliance with 2 CFR § 200.322.
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EQUAL EMPLOYMENT OPPORTUNITY (EEO)
2 CFR Part 200, Appendix II(C); 41 CFR § 60-1.4; 41 CFR § 60-4.3; Executive Order 11246
EQUAL OPPORTUNITY CLAUSE
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color,
religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during employment, without regard to their
race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff,
or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to
be provided setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor,
state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex,
sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for
employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the
employee or applicant or another employee or applicant. This provision shall not apply to instances in which an
employee who has access to the compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other employees or applicants to individuals
who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or
charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the
employer, or is consistent with the contractor's legal duty to furnish information.
(4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining
agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the
labor union or workers’ representative of the Contractor’s commitments under this section 202 of Executive Order
11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules,
regulations, and relevant orders of the Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,
and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his
books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any
such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and
the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized
in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
(8) The Contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by
the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided,
however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to
protect the interests of the United States.
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EEO SPECIFICATION
1. As used in these specifications:
a. “Covered area” means the geographical area described in the solicitation from which this contract resulted;
b. “Director” means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of
Labor, or any person to whom the Director delegates authority;
c. “Employer identification number” means the Federal social security number used on the Employer’s
Quarterly Federal Tax Return, U.S. Treasury Department Form 941;
d. “Minority” includes:
(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish
culture or origin, regardless of race);
(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East,
Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
(4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North
America and maintaining identifiable tribal affiliations through membership and participation or community
identification).
2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any
construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these
specifications and the Notice which contains the applicable goals for minority and female participation and which is
set forth in the solicitations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR part 60-4.5) in a Hometown Plan approved by the U.S.
Department of Labor in the covered area either individually or through an association, its affirmative action
obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for
those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation
in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in
an approved plan is individually required to comply with its obligations under the EEO clause and to make a good
faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith
performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered
contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of
these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as
percentages of the total hours of employment and training of minority and female utilization the Contractor should
reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered
construction contractors performing construction work in a geographical areas where they do not have a Federal or
federally assisted construction contract shall apply the minority and female goals established for the geographical
area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and
such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal
procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its
goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor
has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor’s obligations
under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such
apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must
have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the
availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the
U.S. Department of Labor.
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7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of
the Contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from
its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as
extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in
all facilities at which the Contractor’s employees are assigned to work. The Contractor, where possible, will
assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen,
superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor’s obligation to
maintain such a working environment, with specific attention to minority or female individuals working at such
sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to
minority and female recruitment sources and to community organizations when the Contractor or its unions have
employment opportunities available, and maintain a record of the organizations’ responses.
c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-
street applicant and minority or female referral from a union, a recruitment source, or community organization
and of what action was taken with respect to each such individual. If such individual was sent to the union hiring
hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the
Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions
the Contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a
collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the
Contractor, or when the Contractor has other information that the union referral process has impeded the
Contractor’s efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly
include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant
to the Contractor’s employment needs, especially those programs funded or approved by the Department of
Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs and
requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any
policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report,
etc.; by specific review of the policy with all management personnel and with all minority and female employees
at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at
each location where construction work is performed.
g. Review, at least annually, the company’s EEO policy and affirmative action obligations under these
specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other
employment decisions including specific review of these items with onsite supervisory personnel such
superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record
shall be made and maintained identifying the time and place of these meetings, persons attending, subject
matter discussed, and disposition of the subject matter.
h. Disseminate the Contractor’s EEO policy externally by including it in any advertising in the news media,
specifically including minority and female news media, and providing written notification to and discussing the
Contractor’s EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates
doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools
with minority and female students and to minority and female recruitment and training organizations serving the
Contractor’s recruitment area and employment needs. Not later than one month prior to the date for the
acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall
send written notification to organizations such as the above, describing the openings, screening procedures, and
tests to be used in the selection process.
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j. Encourage present minority and female employees to recruit other minority persons and women and, where
reasonable, provide after school, summer, and vacation employment to minority and female youth both on the
site and in other areas of a contractor’s work force.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-
3.
l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for
promotional opportunities and encourage these employees to seek or to prepare for, through appropriate
training, etc., such opportunities.
m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not
have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure
that the EEO policy and the Contractor’s obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet
and necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female
construction contractors and suppliers, including circulation of solicitations to minority and female contractor
associations and other business associations.
p. Conduct a review, at least annually, of all supervisor’s adherence to and performance under the Contractor’s
EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their
affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor-union,
contractor-community, or other similar group of which the Contractor is a member and participant may be asserted as
fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the Contractor
actively participates in the group, makes every effort to assure that the group has a positive impact on the
employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected
in the Contractor’s minority and female workforce participation, makes a good faith effort to meet its individual goals
and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on
behalf of the Contractor. The obligation to comply, however, is the Contractor’s and failure of such a group to fulfill
an obligation shall not be a defense for the Contractor’s noncompliance.
9. A single goal for minorities and a separate single goal for women have been established. The Contractor,
however, is required to provide equal employment opportunity and to take affirmative action for all minority groups,
both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in
violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example,
even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the
Executive Order if a specific minority group of women is underutilized).
10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any
person because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts
pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal
Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed
or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of
Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be
in violation of these specifications and Executive Order 11246, as amended.
13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action
steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve
maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the
requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed
in accordance with 41 CFR part 60-4.8.
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14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the
company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by
the Government, and to keep records. Records shall at least include for each employee, the name, address,
telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social
security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in
status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed.
Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing
records satisfy this requirement, contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish
different standards of compliance or upon the application of requirements for the hiring of local or other area
residents (those under the Public Works Employment Act of 1977 and the Community Development Block Grant
Program).
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FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)
29 USC § 201, et seq; 2 CFR § 200.430; APPLICABILITY
.
All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of
29 CFR part 201, et seq, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in
full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time
workers.
The Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The Consultant
must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor –
Wage and Hour Division.
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LOBBYING AND INFLUENCING FEDERAL EMPLOYEES CERTIFIATION
49 CFR Part 20, Appendix A
The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and
belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any
person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for
all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
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OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
29 CFR Part 1910
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of
29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work
environment that is free from recognized hazards that may cause death or serious physical harm to the employee.
The employer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the
applicable requirements of the Occupational Safety and Health Act of 1970 (29 CFR Part 1910). The employer must
address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor –
Occupational Safety and Health Administration.
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PROHIBITION OF SEGREGATED FACILITIES
2 CFR Part 200, Appendix II(C); 41 CFR Part 60-1
(a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities
at any of its establishments, and that it does not and will not permit its employees to perform their services at any
location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this
clause is a violation of the Equal Employment Opportunity clause in this contract.
(b) “Segregated facilities,” as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms,
restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots,
drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees
that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual
orientation, gender identity, or national origin because of written or oral policies or employee custom. The term does
not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy
between the sexes.
(c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal
Employment Opportunity clause of this contract.
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SEISMIC SAFETY
49 CFR Part 41
Professional Service Agreements for Design
In the performance of design services, the Consultant agrees to furnish a building design and associated construction
specification that conform to a building code standard that provides a level of seismic safety substantially equivalent to
standards as established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes
that model their building code after the current version of the International Building Code (IBC) meet the NEHRP
equivalency level for seismic safety. At the conclusion of the design services, the Consultant agrees to furnish the
Owner a “certification of compliance” that attests conformance of the building design and the construction
specifications with the seismic standards of NEHRP or an equivalent building code.
Construction Contracts - SEISMIC SAFETY
The Contractor agrees to ensure that all work performed under this contract, including work performed by
subcontractors, conforms to a building code standard that provides a level of seismic safety substantially equivalent to
standards established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that
model their code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level
for seismic safety.
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**THIS SECTION COVERS A REQUIREMENT BY FAA AND REQUIRES A VERIFICATION
SIGNATURE. THE CITY OF CHANDLER PROVIDES A SEPARATE SIGNATURE REQUIRED
DOCUMENT/PAGE THAT MUST BE FILLED OUT, SIGNED AND SUBMITTED.
SEE “VERIFICATIONS STATEMENT”
ADDITIONALLY, THE “VERIFICATIONS STATEMENT” IS ALSO A REQUIRED DOCUMENT
TO BE FILLED OUT, SIGNED AND SUBMITTED WITH ALL SUBCCONTRACTS/LOWER TIER
SUBCONTRACTS FOR REVIEW AND APPROVAL.
TAX DELINQUENCY AND FELONY CONVICTIONS
Section 8113 of the Consolidated Appropriations Act, 2022 (Public Law 117-103) and similar provisions in subsequent
appropriations acts.
DOT Order 4200.6 – Appropriations Act Requirements for Procurement and Non-Procurement Regarding Tax
Delinquency and Felony Convictions
CERTIFICATION OF OFFEROR/BIDDER REGARDING TAX DELINQUENCY AND FELONY CONVICTIONS
City of Chandler provides a Verification Statement that must be submitted with bid to cover the requirements of this
section. Applicant/Bidder/Contractors/Subcontractors/Consultants/Subconsultants cannot have any been convicted
of a criminal violation under any federal law within the preceding 24 months and cannot have any unpaid Federal tax
liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have
lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability. Additionally, the Verifications Statement must be included, signed and submitted to the
City of Chandler with all subcontracts and lower tier subcontracts for review and approval.
The City has provided in this bid a “Verifications Statement” that must be signed and submitted with bid.
Note
If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award
unless the Sponsor has received notification from the agency suspension and debarment official (SDO) that the SDO has
considered suspension or debarment and determined that further action is not required to protect the Government’s interests. The
applicant therefore must provide information to the owner about its tax liability or conviction to the Owner, who will then notify the
FAA Airports District Office, which will then notify the agency’s SDO to facilitate completion of the required considerations before
award decisions are made.
Term Definitions
Felony conviction: Felony conviction means a conviction within the preceding twenty four (24) months of a felony criminal
violation under any Federal law and includes conviction of an offense defined in a section of the U.S. Code that specifically
classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 USC § 3559.
Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an
agreement with the authority responsible for collecting the tax liability.
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TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT PROHIBITION
2 CFR § 200, Appendix II(K); 2 CFR § 200.216
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use and
procurement of certain telecommunications and video surveillance services or equipment in compliance with the
National Defense Authorization Act [Public Law 115-232 § 889(f)(1)].
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TERMINATION OF CONTRACT
2 CFR Part 200, Appendix II(B); FAA Advisory Circular 150/5370-10, Section 80-09; Termination for Convenience
TERMINATION FOR CONVENIENCE (CONSTRUCTION & EQUIPMENT CONTRACTS)
The Owner may terminate this contract in whole or in part at any time by providing written notice to the Contractor.
Such action may be without cause and without prejudice to any other right or remedy of Owner. Upon receipt of a
written notice of termination, except as explicitly directed by the Owner, the Contractor shall immediately proceed
with the following obligations regardless of any delay in determining or adjusting amounts due under this clause:
1. Contractor must immediately discontinue work as specified in the written notice.
2. Terminate all subcontracts to the extent they relate to the work terminated under the notice.
3. Discontinue orders for materials and services except as directed by the written notice.
4. Deliver to the Owner all fabricated and partially fabricated parts, completed and partially completed work,
supplies, equipment and materials acquired prior to termination of the work, and as directed in the written
notice.
5. Complete performance of the work not terminated by the notice.
6. Take action as directed by the Owner to protect and preserve property and work related to this contract that
Owner will take possession.
Owner agrees to pay Contractor for:
1. Completed and acceptable work executed in accordance with the contract documents prior to the effective
date of termination;
2. Documented expenses sustained prior to the effective date of termination in performing work and furnishing
labor, materials, or equipment as required by the contract documents in connection with uncompleted work;
3. Reasonable and substantiated claims, costs, and damages incurred in settlement of terminated contracts
with Subcontractors and Suppliers; and
4. Reasonable and substantiated expenses to the Contractor directly attributable to Owner’s termination action.
Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or
resulting from the Owner’s termination action.
The rights and remedies this clause provides are in addition to any other rights and remedies provided by law or
under this contract.
TERMINATION FOR CONVENIENCE (PROFESSIONAL SERVICES)
The Owner may, by written notice to the Consultant, terminate this Agreement for its convenience and without cause
or default on the part of Consultant. Upon receipt of the notice of termination, except as explicitly directed by the
Owner, the Contractor must immediately discontinue all services affected.
Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings,
specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by
the Engineer under this contract, whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through
the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non-
performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a
result of the termination action under this clause.
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TERMINATION FOR DEFAULT
2 CFR Part 200, Appendix 11(B)
TERMINATION FOR CAUSE (PROFESSIONAL SERVICES)
Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to
the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action
must allow the breaching party an opportunity to dispute or cure the breach.
The terminating party must provide the breaching party [7] days advance written notice of its intent to terminate the
Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the
breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any
other rights and remedies provided by law or under this agreement.
a) Termination by Owner: The Owner may terminate this Agreement for cause in whole or in part, for the failure
of the Consultant to:
1. Perform the services within the time specified in this contract or by Owner approved extension;
2. Make adequate progress so as to endanger satisfactory performance of the Project; or
3. Fulfill the obligations of the Agreement that are essential to the completion of the Project.
Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless
the notice directs otherwise. Upon termination of the Agreement, the Consultant must deliver to the Owner all
data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other
documents and materials prepared by the Engineer under this contract, whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up
through the date the Consultant receives the termination notice. Compensation will not include anticipated profit
on non-performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a
result of the termination action under this clause.
If, after finalization of the termination action, the Owner determines the Consultant was not in default of the
Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the termination for
the convenience of the Owner.
b) Termination by Consultant: The Consultant may terminate this Agreement for cause in whole or in part, if the
Owner:
1. Defaults on its obligations under this Agreement;
2. Fails to make payment to the Consultant in accordance with the terms of this Agreement;
3. Suspends the project for more than [180] days due to reasons beyond the control of the Consultant.
Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with Consultant for the
purpose of terminating the agreement or portion thereof, by mutual consent. If Owner and Consultant cannot
reach mutual agreement on the termination settlement, the Consultant may, without prejudice to any rights and
remedies it may have, proceed with terminating all or parts of this Agreement based upon the Owner’s breach of
the contract.
In the event of termination due to Owner breach, the Consultant is entitled to invoice Owner and to receive full
payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable
expenses incurred by the Consultant through the effective date of termination action. Owner agrees to hold
Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination
action under this clause.
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
FAA Federal Documents for Professional Services 2023-10-13 / Page 28 of 29
TRADE RESTRICTION CERTIFICATION
49 USC § 50104; 49 CFR Part 30
By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the
Offeror –
1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that
discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or
national of a foreign country included on the list of countries that discriminate against U.S. firms as published
by the USTR; and
3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a
foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and the
making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18
USC § 1001.
The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its
certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of
changed circumstances. The Contractor must require subcontractors provide immediate written notice to the
Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR §
30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of
countries that discriminate against U.S. firms published by the USTR; or
2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on
such USTR list; or
3) who incorporates in the public works project any product of a foreign country on such USTR list.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business
dealings.
The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for
certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a
prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate
against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an award. If it is
later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal
Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at
no cost to the Owner or the FAA.
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
FAA Federal Documents for Professional Services 2023-10-13 / Page 29 of 29
VETERAN’S PREFERENCE
49 USC § 47112(c)
In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all
sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section
47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans,
disabled veterans, and small business concerns (as defined by 15 USC § 632) owned and controlled by disabled
veterans. This preference only applies when there are covered veterans readily available and qualified to perform
the work to which the employment relates.
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
END OF
FAA FEDERAL DOCUMENTS
Docusign Envelope ID: 37E77EC4-890C-442E-8CFA-329F98E559EA
Certificate Of Completion
Envelope Id: 37E77EC4-890C-442E-8CFA-329F98E559EA
Status: Sent
Subject: **Council item-6/26** AI2202.451 Runway 4R-22L Pavement Rehabilitation - CM SERVICES
EDMS Application: PWU_CAPITAL_PROJECTS_CONTRACT_MANAGEMENT
Source Envelope:
Document Pages: 66
Signatures: 2
Envelope Originator:
Certificate Pages: 7
Initials: 0
Chandler CIP
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-07:00) Arizona
PO Box 4008
Chandler, 85244
chandlercip@chandleraz.gov
IP Address: 198.241.2.1
Record Tracking
Status: Original
5/29/2025 | 09:37 AM
Holder: Chandler CIP
chandlercip@chandleraz.gov
Location: DocuSign
Security Appliance Status: Connected
Pool: StateLocal
Storage Appliance Status: Connected
Pool: City of Chandler
Location: Docusign
Signer Events
Signature
Timestamp
KC Brandon
kcbrandon@dibblecm.com
president
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 98.186.16.186
Sent: 5/29/2025 | 02:23 PM
Resent: 5/29/2025 | 02:33 PM
Viewed: 5/29/2025 | 02:38 PM
Signed: 5/29/2025 | 02:38 PM
Electronic Record and Signature Disclosure:
Accepted: 5/29/2025 | 02:38 PM
ID: 9f542fb3-dc4e-491b-a0c6-8580b9fb5a6b
Daniel Haskins
daniel.haskins@chandleraz.gov
CIP City Engineer
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.241.2.1
Sent: 5/29/2025 | 02:38 PM
Viewed: 5/29/2025 | 02:43 PM
Signed: 5/29/2025 | 02:44 PM
Electronic Record and Signature Disclosure:
Accepted: 5/29/2025 | 02:43 PM
ID: 230ab757-e0b2-40e4-bd0e-2871ad163811
Daniel L Brown
Daniel.Brown@chandleraz.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/1/2021 | 08:17 AM
ID: 563d172a-e614-4b9b-b2a1-61a0afc8280a
Kevin Hartke
kevin.hartke@chandleraz.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 6/28/2021 | 11:17 AM
ID: 2531f230-027c-41f7-9166-1189df6a8c8f
Signer Events
Signature
Timestamp
Dana DeLong
Dana.DeLong@chandleraz.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 6/28/2021 | 01:03 PM
ID: e796186e-c533-4a41-978c-34d69e29778a
In Person Signer Events
Signature
Timestamp
Editor Delivery Events
Status
Timestamp
Michelle Reeder
michelle.reeder@chandleraz.gov
Procurement Senior Specialist
City of Chandler
Security Level: Email, Account Authentication
(None)
Sent: 5/29/2025 | 02:44 PM
Electronic Record and Signature Disclosure:
Accepted: 3/18/2025 | 10:55 AM
ID: 1ac24ab2-9990-4da1-8fdc-64ed51bd8509
Records Division
Signing Group: Records Division
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Agent Delivery Events
Status
Timestamp
KC Brandon
kcbrandon@dibblecm.com
Security Level: Email, Account Authentication
(None)
Using IP Address: 98.186.16.186
Sent: 5/29/2025 | 09:54 AM
Resent: 5/29/2025 | 01:59 PM
Viewed: 5/29/2025 | 02:22 PM
Completed: 5/29/2025 | 02:23 PM
Electronic Record and Signature Disclosure:
Accepted: 5/29/2025 | 02:22 PM
ID: 465f4707-0175-44bc-9827-f1bbb2c38a8e
Intermediary Delivery Events
Status
Timestamp
Certified Delivery Events
Status
Timestamp
Carbon Copy Events
Status
Timestamp
Michelle Reeder
michelle.reeder@chandleraz.gov
Procurement Senior Specialist
City of Chandler
Security Level: Email, Account Authentication
(None)
Sent: 5/29/2025 | 09:54 AM
Electronic Record and Signature Disclosure:
Accepted: 3/18/2025 | 10:55 AM
ID: 1ac24ab2-9990-4da1-8fdc-64ed51bd8509
Hafiz Noor
Hafiz.Noor@chandleraz.gov
Security Level: Email, Account Authentication
(None)
Sent: 5/29/2025 | 02:44 PM
Viewed: 5/29/2025 | 03:26 PM
Electronic Record and Signature Disclosure:
Carbon Copy Events
Status
Timestamp
Accepted: 5/19/2025 | 01:41 PM
ID: 2a8493f3-0676-4860-8f5f-af6da80d7741
Michelle Reeder
michelle.reeder@chandleraz.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 3/18/2025 | 10:55 AM
ID: 1ac24ab2-9990-4da1-8fdc-64ed51bd8509
Michelle Reeder
Michelle.Reeder@chandleraz.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 3/18/2025 | 10:55 AM
ID: 1ac24ab2-9990-4da1-8fdc-64ed51bd8509
Raymond Potts
Raymond.Potts@chandleraz.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 1/7/2025 | 10:12 AM
ID: ebb9cc7b-b8c5-406e-b2cc-8eb776ae036e
Allan Zimmerman
Allan.Zimmerman@chandleraz.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 3/10/2022 | 07:58 AM
ID: fa1c98a5-4381-4529-8f21-4c6629aed7b1
Bridgette Rhodehouse
Bridgette.Rhodehouse@chandleraz.gov
Jennifer Ekblad
jennifer.ekblad@chandleraz.gov
Dorothy Hernandez
dorothy.hernandez@chandleraz.gov
Vianka Enriquez
Vianka.Enriquez@chandleraz.gov
Signing Group: Records Division
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Michelle Reeder
michelle.reeder@chandleraz.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 3/18/2025 | 10:55 AM
ID: 1ac24ab2-9990-4da1-8fdc-64ed51bd8509
Donna Rygiel
donna.rygiel@chandleraz.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Carbon Copy Events
Status
Timestamp
Accepted: 3/28/2025 | 11:23 AM
ID: 40e41fec-eb0c-46d0-b3fc-d151223d8411
Greg Hughes
ghughes@sunlandasphalt.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 5/29/2025 | 10:50 AM
ID: 7d8ccea6-4101-4390-965b-fb6cadf1db9d
Hafiz Noor
Hafiz.Noor@chandleraz.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 5/19/2025 | 01:41 PM
ID: 2a8493f3-0676-4860-8f5f-af6da80d7741
Witness Events
Signature
Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
5/29/2025 | 09:54 AM
Envelope Updated
Security Checked
5/29/2025 | 10:34 AM
Envelope Updated
Security Checked
5/29/2025 | 10:34 AM
Envelope Updated
Security Checked
5/29/2025 | 10:34 AM
Envelope Updated
Security Checked
5/29/2025 | 10:34 AM
Envelope Updated
Security Checked
5/29/2025 | 10:34 AM
Envelope Updated
Security Checked
5/29/2025 | 10:34 AM
Envelope Updated
Security Checked
5/29/2025 | 10:34 AM
Envelope Updated
Security Checked
5/29/2025 | 10:34 AM
Envelope Updated
Security Checked
5/29/2025 | 10:34 AM
Envelope Updated
Security Checked
5/29/2025 | 02:23 PM
Envelope Updated
Security Checked
5/29/2025 | 02:23 PM
Payment Events
Status
Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Chandler (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this
information electronically to your satisfaction and agree to this Electronic Record and Signature
Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to
use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign
system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.15 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Electronic Record and Signature Disclosure created on: 4/14/2021 | 08:43 AM
Parties agreed to: KC Brandon, Daniel Haskins, Daniel L Brown, Kevin Hartke, Dana DeLong, Michelle Reeder, KC Brandon, Michelle Reeder, Hafiz Noor, Michelle Re
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact City of Chandler:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: esignature@chandleraz.gov
To advise City of Chandler of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at esignature@chandleraz.gov and
in the body of such request you must state: your previous email address, your new email
address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from City of Chandler
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to esignature@chandleraz.gov and in the
body of such request you must state your email address, full name, mailing address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Chandler
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an email to esignature@chandleraz.gov and in the body of such request you must state
your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. The consequences of your withdrawing consent for
online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://support.docusign.com/guides/signer-guide-
signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before
clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
Until or unless you notify City of Chandler as described above, you consent to receive
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to you by City of Chandler during the course of your relationship with City of
Chandler.