WA2501.401_Bid_Document.pdf

City of Chandler, Arizona

Public Works & Utilities Department

Capital Projects Division

CONSTRUCTION BID

PECOS SURFACE WATER TREATMENT PLANT

LARGE CONFERENCE ROOM ADDITION

CITY PROJECT NO.: WA2501.401

MAYOR

Kevin Hartke

VICE MAYOR

Angel Encinas

COUNCIL

OD Harris Matt Orlando

Christine Ellis Jane Poston Jennifer Hawkins

Daniel Haskins, P.E.

CIP City Engineer

CITY OF CHANDLER, ARIZONA

CONSTRUCTION BID

TABLE OF CONTENTS

INVITATION TO BID

BID SUBMITTAL LIST

CONSTRUCTION AGREEMENT

PROJECT SPECIFIC SPECIAL PROVISIONS

GENERAL CONDITIONS

TECHNICAL SPECIFICATIONS

GIS/GPS DATA DELIVERY REQUIREMENTS

(if applicable)

FEDERAL PROVISIONS

(if applicable)

Rev. 11/25/25

LEGAL AD DEPARTMENT

INVITATION TO BID

PECOS SURFACE WATER TREATMENT PLANT - LARGE CONFERENCE ROOM ADDITION

NOTICE IS HEREBY GIVEN that sealed bids will be received and date/time stamped by the City of Chandler Capital Projects Office, 215 East Buffalo Street, Chandler, Arizona 85225 until the bid submission date specified below.

Solicitation documents and addenda may be downloaded at the Arizona Procurement Portal -https://app.az.gov/. It is the contractor's sole responsibility to obtain all addenda from the Arizona Procurement Portal prior to submitting their bid proposal, and to acknowledge receipt and acceptance of the addenda in their bid proposal submittal. No separate notification of addenda will be issued. The City recommends Contractors regularly check Arizona Procurement Portal - https://app.az.gov/ for updated information.

MANDATORY SITE VISIT:

July 23, 2026

9:00 a.m.

Arizona time

Mandatory site visit at Pecos Surface Water Treatment Plant, 1475 E. Pecos Road, Chandler, Arizona, 85286. Meet at the Administration Building (enter from the north entrance located on South 124th Street off East Pecos Road.

SOLICITATION QUESTIONS DUE DATE:

July 30, 2026 5:00 p.m.

Arizona time

All solicitation questions must be emailed to Bid.Questions@chandleraz.gov with the subject line of:

“WA2501.401 Pecos Surface Water Treatment Plant - Large Conference Room Addition BID QUESTION”.

Questions received after the due date and time will NOT be considered.

BID SUBMISSION:

August 25, 2026 3:00 p.m.

Arizona time

Sealed bids must be delivered to the City of Chandler Capital Projects Office located at 215 East Buffalo Street, Chandler, Arizona, 85225.

Bids must be received on or before date and time specified.

At that time, bids will be publicly opened and read aloud in the Saguaro Conference Room.

Bids received after the due date and time will be returned unopened without consideration.

All bids must be submitted in a sealed envelope plainly marked as follows:

BID OF _____________________________, CONTRACTOR

FOR: “Pecos Surface Water Treatment Plant - Large Conference Room Addition”

“WA2501.401”

https://app.az.gov/ https://app.az.gov/ mailto:Bid.Questions@chandleraz.gov

Rev. 11/25/25

Work under this Agreement includes:

Work must be completed within 365 consecutive calendar days from the Notice to Proceed. The Engineer’s

Estimate range is $600,000 - $1,200,000.

Bids must be submitted on the Proposal Form provided and be accompanied by the Bid Bond for not less than ten percent (10%) of the total bid, payable to the City of Chandler, Arizona, or a certified or cashier's check. PERSONAL OR INDIVIDUAL SURETY BONDS ARE NOT ACCEPTABLE.

The successful bidder will be required to execute the standard form of agreement for construction prior to

Council award

The successful bidder must furnish a Payment Bond and Performance Bond in the amount equal to one hundred percent (100%) of the Agreement Price.

The right is hereby reserved to accept or reject any or all bids or parts thereto, to waive any informalities in any proposal and reject the bids of any persons who have been delinquent or unfaithful to any agreement with the City of Chandler.

All Bids will remain open for 90 days after the Bid opening day, but the City may, in its sole discretion, release any Bid and return the bid security prior to that date. No Bidder may withdraw his Bid during this period without written permission from the City.

Find PRELIMINARY BID RESULTS at: https://www.chandleraz.gov/business/vendor-services/capital-projects

Protest Policy - A protest of a proposed award must be filed WITH THE PURCHASING OFFICE within 5 calendar days of the first posting of the award recommendation. Award recommendations are posted on the Capital

Projects web site or the City Clerk web site. If the due date occurs on a weekend or holiday the protest must be filed the next business day.

A Protest must include:

• The name, address and telephone number of the protester;

• The signature of the protester or its representative;

• Identification of the project and the solicitation or agreement number;

• A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and

• The form of relief requested.

City will review the protest and issue a written response.

PUBLISHED DATE: 7/15/2026

7/22/2026

Arizona Republic

AFFIDAVIT OF PUBLICATION

https://www.chandleraz.gov/business/vendor-services/capital-projects

Rev.11/28/2022 1

DO NOT DOUBLE-SIDE ANY PART OF THE BID SUBMITTAL

PROJECT NAME: PECOS SURFACE WATER TREATMENT PLANT

PLEASE INCLUDE THE FOLLOWING ITEMS IN YOUR SUBMITTAL ACCORDING TO THE DATE

AND TIME LISTED IN THE INVITATION TO BID ADVERTISEMENT:

A. Bid Bond (Original – with Seal)

B. Signed Proposal Acknowledgement, and licenses

C. Bid Schedule

D. Subcontractor’s List Form

E. Non-Collusion Bidding Certification

F. Certificate of Insurability and Bonding

G. Arizona Department of Revenue Privilege Tax License

BID SUBMITTAL LIST

This list may not include all required bid submission items. It is the Contractor’s responsibility to read the entire bid and determine all items required by the submission date and time.

Rev. 11/28/22

BID BOND

ARIZONA STATUTORY BID BOND PURSUANT TO

TITLES 28, 34 AND 41,

OF THE ARIZONA REVISED STATUTES

(Penalty of this bond must not be less than 10% of the bid amount)

KNOW ALL MEN BY THESE PRESENTS: That, , (hereinafter

"Principal"), as Principal, and , (hereinafter "Surety"), a corporation organized and existing under the laws of the State of , with its principal offices in

, holding a certificate of authority to transact surety business in Arizona issued by the

Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1, as Surety, held and firmly bound unto , (hereinafter "Obligee"), as

Obligee, in the amount of Ten Percent (10%) of the amount of the bid of Principal, submitted by Principal to the Obligee for the work described below, for the payment of which sum, the Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted a bid for construction of:

Pecos Surface Water Treatment Plant - Large Conference Room Addition

Project No. WA2501.401

NOW, THEREFORE, if the Obligee shall accept the proposal of the Principal and the Principal shall enter into an agreement with the Obligee in accordance with the terms of the proposal and give the bonds and certificates of insurance as specified in the agreement document with good and sufficient surety for the faithful performance of the agreement and for the prompt payment of labor and materials furnished in the prosecution of the agreement, or in the event of the failure of the Principal to enter into the agreement and give the bonds and certificates of insurance, if the Principal pays to the Obligee the difference not to exceed the penalty of the bond between the amount specified in the proposal and such larger amount for which the

Obligee may in good faith contract with another party to perform the work covered by the proposal then this obligation is void. Otherwise it remains in full force and effect provided, however, that this bond is executed pursuant to the provisions of Section 34-201, Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of that section to the extent as if it were copied at length herein.

Witness our hands this day of , 20

Principal SEAL SURETY SEAL

By: By:

Attorney-in-Fact

Its:

AGENCY OF RECORD

AGENCY ADDRESS

CITY OF CHANDLER

CHANDLER, ARIZONA

Pecos Surface Water Treatment Plant - Large Conference Room Addition

PROPOSAL ACKNOWLEDGEMENT

PROPOSAL to the City Engineer of the City of Chandler, In compliance with the Advertisement for Bids, the undersigned bidder:

Having examined the agreement documents, site of work, and being familiar with the conditions to be met, hereby submits the following Proposal for furnishing the material, equipment, labor and everything necessary for the completion of the work listed and agrees to execute the agreement documents and furnish the required bonds and certificates of insurance for the completion of said work, at the locations and for the prices set forth on the inside pages of this form.

Understands that construction of this project shall be in accordance with all applicable Uniform

Standard Specifications and Standard Details except as otherwise required by the Project Plans and

Project Specific Provisions.

Understands that the Proposal shall be submitted with a Proposal guarantee of cash, certified check, cashier's check, or surety bond for an amount of not less than ten percent (10%) of the amount bid.

Agrees that upon receipt of Notice of Award from the City of Chandler, the undersigned bidder will execute the agreement documents.

Work shall be completed within 365 consecutive calendar days, beginning with the day following the starting date specified in the Notice to Proceed. Said Notice will be issued in accordance with the

Project Specific Provisions "NOTICE TO PROCEED," or, when, in the opinion of the Engineer, sufficient materials are, or will be available for the continuous prosecution of the work.

Acknowledges that bid prices submitted include all applicable sales and/or use taxes, and no further compensation will be approved for these items.

The Bidder hereby acknowledges receipt of and agrees that the submitter's Proposal is based on the following Addenda:

Addendum Date Received Addendum No. Date Received

PROPOSAL ACKNOWLEDGEMENT

THIS BID IS SUBMITTED BY: ,

a corporation organized under the laws of the State of ; a partnership consisting of ;

or individual trading as and is the holder of an Arizona State Contractor's License:

ATTACH PHOTOCOPY

Classification No.

Failure to fill in the information above, regarding the bidder being a holder of Arizona State Contractor's License is grounds for rejection of the bid.

Joint venture bid proposals will not be accepted for projects bidding in the amount (for base bid) of less than $5 million dollars.

Contractors are reminded it is a violation of State law to submit a bid if not properly licensed. Bids submitted without designating the Contractor's license classification and number, in the spaces provided above, shall be rejected. Bids submitted by Contractors without the required license shall be rejected.

Contractor acknowledges by signing below that bid prices submitted include all applicable sales and/or use taxes, and no further compensation shall be approved for these items. If there is a conflict between the unit bid price and the unit price extension for a particular pay item, the unit prices shall govern, per MAG 102.5. Also, per MAG 102.7, a proposal shall be considered irregular and may be rejected if there are unauthorized additions, statements, conditional or alternate bids, or irregularities of any kind.

Respectfully submitted, Firm

Federal Tax ID Number

Address City, State and Zip Code

Phone

By (Signature Required)

Name and Title (Print)

Email Address

NAME OF BIDDER: ______________________________________________________

NO. DESCRIPTION UNIT EST. QTY. UNIT PRICE EXTENDED PRICE

Division 1 General Conditions Requirements (All including Bond & Insurance, O/H Profit, Mobilization, Demobilization, Materials Testing, SWPPP and Maintenance)

LS 1

2 Division 2 Existing Conditions/Demo (All) LS 1

3 Division 3 Concrete (All) LS 1

4 Division 4 Masonry (All) LS 1

5 Division 5 Metals (All) LS 1

2 Division 6 Wood, Plastic and Composites (All) LS 1

3 Division 7 Thermal and Moisture Protection (All) LS 1

4 Division 8 Openings (All) LS 1

7 Division 9 Finishes (All) LS 1

8 Division 10 Specialties (All) LS 1

9 Division 12 Furnishings (All) LS 1

3 Division 21 Fire Suppression (All) LS 1

4 Division 22 Plumbing (All) LS 1

Division 23 Heating, Ventilating, and Air Conditionng (HVAC) (All)

LS 1

10 Division 26 Electrical (All) LS 1

11 Division 27 Communications (All) LS 1

12 Division 28 Electronic Safety and Security (All) LS 1

13 Division 31 Earthwork (All) LS 1

14 Owner's Allowance LS 1 100,000.00$

CITY OF CHANDLER

Project Name: Pecos Surface Water Treatment Plant - Large Conference Room

BID SCHEDULE

Note 1: Bidders must fill in all blank spaces with an entry. Bids submitted with blank spaces will be considered

"Non-Responsive”.

Note 2: Bids will be opened and read aloud at an open public meeting at the time and place designed in the invitation for bids. Bids will not be modified after the bid opening. A bidder withdrawing a bid after the bid opening will be deemed non-responsible and the City may make a claim against the bidder’s bid bond.

Note 3: The City reserves the right to determine the low bidder based on the Base Bid with or without any Bid

Alternate(s).

TOTAL BASE BID:

Bid Page 1 of 1

Rev.11/28/2022 6

SUBCONTRACTOR’S LIST FORM

If Bidder intends to subcontract any portion of this Agreement, the bidder must submit the name, address, and contractor’s license number (if applicable) of each subcontractor, including the work component of such subcontracting. Include this form with the bid submittal documents. Prime Contractor must self-perform according to MAG Specification 108.2. Bidder may make multiple copies of this form as needed.

Company Name: Company Name:

Contact Name: Contact Name:

Contact Email: Contact Email:

Contact Phone: Contact Phone:

Work Component: Work Component:

Percentage of Total Work Performed: Percentage of Total Work Performed:

Contact Email: Contact Email:

Contact Phone: Contact Phone:

Contact Email: Contact Email:

Contact Phone: Contact Phone:

Subcontractor Total Work Performed: $ Overall Bid Total: $

Overall Prime Contractor Self-performance %:

Rev.11/28/2022 7

NON-COLLUSION BIDDING

CERTIFICATION

(STATE OF )

ss.

(COUNTY OF )

I, _______________________________________ of the City of __________________________________, in the County of___________________________ and the State of ______________________, of full age, being duly sworn according to the law of my oath depose and say that:

I am _______________________________ a, ______________________________ (Name) (Title, Position, etc.)

of the firm of ____________________________________________________________, the Bidder making the Bid for City of Chandler, Pecos Surface Water Treatment Plant - Large Conference Room Addition, Project No. WA2501.401 and that I executed the said Bid with full authority so to do; that said Bidder has not, directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named Project; and that all statements contained in said Bid and in this affidavit are true and correct, and made with full knowledge that the City of Chandler relies upon the truth of the statements contained in said Bid and in the statements contained in this affidavit in awarding the Contract for the said Project.

I further warrant that no person or selling agency has been employed or retained to solicit or secure such Contract upon an agreement of understanding, for a commission, percentage, brokerage or contingent fee, except bonafide employees or bonafide established commercial or selling agencies maintained by:

(Signature of Bidder)

(Printed or Typed Name of Bidder)

Sworn to before me this ____________ day of _______________________________, 20_____, in the County of

_______________________, State of ________________.

(Notary Public)

Rev.11/28/2022 8

CERTIFICATE OF INSURABILITY AND BONDING

I hereby certify that as Bidder to City of Chandler Pecos Surface Water Treatment Plant - Large

Conference Room Addition Project No. WA2501.401, I am fully aware of the City of Chandler’s

Insurance and Bonding Requirements for Contractors and that by the submission of this Bid Proposal, assure the City of Chandler that I am able to produce the insurance and bonding coverage required should I be selected to be the successful bidder.

Should I be selected to be the successful bidder by the City of Chandler, and then become unable to produce the insurance and bonding coverage specified within ten working days I am fully aware and understand that my Bid Proposal will be rejected by the City of Chandler, and that I will forfeit my posted Bid Bond.

Signature of Bidder

Title

Date

Rev.11/28/2022 9

ARIZONA DEPARTMENT OF REVENUE

PRIVILEGE TAX LICENSE

PROJECT NAME: Pecos Surface Water Treatment Plant - Large Conference Room Addition

PROJECT NUMBER: Project No. WA2501.401

ATTACH, TO THIS FORM, CURRENT PRIVILEGE TAX LICENSE CERTIFICATE.

Project Name: Pecos Surface Water Treatment Plant - Large Conference Room Addition

City Project No.: WA2501.401 Rev. 1/15/2026 Page i

PUBLIC WORKS & UTILITIES DEPARTMENT

CAPITAL PROJECTS DIVISION

CONSTRUCTION AGREEMENT

PECOS SURFACE WATER TREATMENT PLANT

MAYOR

KEVIN HARTKE

VICE MAYOR

ANGEL ENCINAS - VICE MAYOR

CITY COUNCIL

OD Harris Matt Orlando

Christine Ellis Jane Poston Jennifer Hawkins

Rev. 1/12/2026 Page 1

PARTICIPANTS AND PROJECT .......................................................................... C-2

AGREEMENT DOCUMENTS .............................................................................. C-4

CONSTRUCTION SERVICES ............................................................................... C-4

CITY RESPONSIBILITIES .................................................................................... C-4

AGREEMENT TIME ............................................................................................ C-6

AGREEMENT PRICE ........................................................................................... C-7

PAYMENT .......................................................................................................... C-7

CHANGES TO THE AGREEMENT ....................................................................... C-7

SUSPENSION AND TERMINATION .................................................................. C-7

INSURANCE AND BONDS ............................................................................... C-7

INDEMNIFICATION ......................................................................................... C-8

DISPUTE RESOLUTION ................................................................................... C-8

FORCED LABOR OF ETHNIC UYGHURS PROHIBITED .................................. C-8

EXHIBIT A – PROJECT SPECIFIC SPECIAL PROVISIONS ....................................................... A-1

EXHIBIT B – GENERAL CONDITIONS ................................................................................... B-1

EXHIBIT C – TECHNICAL SPECIFICATIONS .......................................................................... C-1

EXHIBIT D – GIS / GPS DATA DELIVERY REQUIREMENTS (IF APPLICABLE) ...................... D-1

EXHIBIT E – FEDERAL PROVISIONS (IF APPLICABLE) ......................................................... E-1

Rev. 1/12/2026 Page 2

CONSTRUCTION SERVICES AGREEMENT

PROJECT NO.: WA2501.401

This Agreement (“Agreement”) is made and entered into on the ______ day of ______________, 2026, by and between City of Chandler, an Arizona municipal corporation, hereinafter called

“City” and [Contractor name] the “Contractor” designated below (City and Contractor may individually be referred to as “Party” and collectively referred to as “Parties”).

City and Contractor agree as follows:

PARTICIPANTS AND PROJECT

CITY: 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

CITY: Construction Project Manager: [CONSTRUCTION PM]

P.O. Box 4008, Mail Stop 407 Chandler, AZ 85244-4008

Phone: 480-782-3325 Email: Adam.Kleiser@chandleraz.gov

Contractor: Legal Company Name:

Mailing Address:

Physical Address:

Arizona Roc No.:

Federal Tax Id No.:

State Where Organized:

Business Organization:

Statutory Agent Name:

Statutory Agent Mailing Address:

Statutory Agent Physical Address:

Contractor’s Authorized Project Representative:

Name:

Title:

Phone:

Email:

Rev. 1/12/2026 Page 3

PROJECT DESCRIPTION:

This project consists of a new conference and training room addition at the Administration

Building of the Pecos Surface Water Treatment Facility. The approximately 1,600-square-foot addition will include a conference/training room, restroom, Information Technology (IT) room, and storage room.

PROJECT LOCATION:

1475 E Pecos Road, Chandler, Arizona, 85286.

Rev. 1/12/2026 Page 4

AGREEMENT DOCUMENTS

2.1 AGREEMENT DOCUMENTS

The Agreement between City and Contractor will consist of the following Agreement

Documents:

1. This Construction Services Agreement and all of its Exhibits, including Project

Plans and Technical Specifications.

2. General Conditions and General Conditions Appendices, incorporated by reference.

3. Project Specific Special Provisions as set forth in Exhibit A, incorporated by reference.

4. Project Bid Proposal.

2.2 In the event of any inconsistency, conflict, or ambiguity between or among the

Agreement Documents, the Agreement Documents will take precedence as described in Section 14.1.4 of the General Conditions.

2.3 DEFINITIONS

The definitions in Section 2 of the General Conditions apply to all the Agreement

Documents, including this Agreement.

CONSTRUCTION SERVICES

3.1 GENERAL

3.1.1 Scope of Work. All terms and conditions are set forth in the Agreement. Any terms and conditions and exceptions noted in the Contractor’s proposal or other documents do not apply unless agreed to in this Agreement or an approved addendum.

3.1.2 Contractor agrees this is a Unit Price Agreement. Contractor agrees at its own cost and expense, to do all Work necessary required to fully, timely and properly complete the construction of the Project in strict accordance with the Agreement Documents in a good and workmanlike manner, free and clear of all claims, liens, and charges whatsoever, in the manner and under the conditions specified, within the Agreement time.

3.1.3 Contractor must provide all of the labor and materials, and perform the Work in accordance with Section 4 of the General Conditions. Some, but not all, of the major components of the Construction Services and the corresponding subsections of

Section 4 of the General Conditions are set forth below.

Rev. 1/12/2026 Page 5

3.1.4 At all times relevant to this Agreement and performance of the Work, the Contactor must fully comply with all Laws, Regulations, or Legal Requirements applicable to City, the Project and the Agreement, including, without limitation, those set forth on attached Exhibit A.

3.1.5 Contractor must perform the Work under this Agreement using only those firms, team members and individuals designated by Contractor consistent with

Contractor’s accepted Bid, or otherwise, approved by City pursuant to the General

Conditions. No other entities or individuals may be used without the prior written approval of the Project Manager.

3.1.6 Contractor must comply with all terms and conditions of the General Conditions.

3.1.7 In the event of a conflict between this Agreement and the General Conditions or an exhibit hereto or appendix thereto, the terms of this Agreement will control.

3.1.8 Ownership of Work Product. Notwithstanding anything to the contrary in this

Agreement, all Work Product prepared or otherwise created in connection with the performance of this Agreement, including the Work, are to be and remain the property of City. For purposes of this provision, “Work Product” will include all designs, drawings, plans, specifications, ideas, renderings and other information or matter, in whatever form created (e.g., electronic or printed) and in all media now known or hereinafter created. All Work Product will be considered Work Made for Hire as defined in the United States Copyright Act 17 U.S.C. § 101 (Copyright Act). If for any reason, any such Work is found not to be a Work Made for Hire, Contractor hereby transfers and assigns ownership of the copyright in such Work to City. The rights in this Section are exclusive to City in perpetuity.

3.2 CONTRACTOR’S PRE-AGREEMENT AND PRE-WORK DELIVERABLES

3.2.1 The Contractor must provide the Deliverables in accordance with Section 4.2 of the General Conditions.

3.3 PRE-CONSTRUCTION CONFERENCE

Contractor must attend the Pre-Construction Conference in accordance with Section

4.3 of the General Conditions.

3.4 PERFORMANCE OF THE WORK (INCLUDING FIELD MEASUREMENTS,

SUBCONTRACTORS, AND SUPPLIERS)

Contractor must perform the Work in accordance with Section 4.4 of the General

Conditions.

Rev. 1/12/2026 Page 6

3.5 CONTROL OF THE PROJECT SITE

Contractor must control and maintain the Project Site in accordance with Section 4.5 of the General Conditions.

3.6 PROJECT SAFETY

Contractor must implement and enforce Project safety in accordance with Section 4.6 of the General Conditions.

3.7 MATERIALS QUALITY, SUBSTITUTIONS AND SHOP DRAWINGS

Contractor must provide materials testing and submit substitute materials and Shop

Drawings in accordance with Section 4.7 of the General Conditions.

3.8 PROJECT RECORD DOCUMENTS

Contractor must maintain and make available the Project Record Documents in accordance with Section 4.8 of the General Conditions.

3.9 WARRANTY AND CORRECTION OF DEFECTIVE WORK

Contractor must provide warranties and correct defective Work in accordance with

Section 4.9 of the General Conditions.

CITY RESPONSIBILITIES

4.1 City will have the responsibilities, and provide the information specified in, and subject to the conditions set forth in, Section 5 of the General Conditions.

AGREEMENT TIME

5.1 GENERAL

5.1.1 The total Agreement Duration is 365 Calendar Days (including Substantial Completion by 305 Calendars Days and Final Acceptance by 365 Calendar Days).

5.1.2 The Agreement Time will start with the Notice to Proceed (NTP) and end with

Final Acceptance, as set forth in Article 5.4 below.

5.1.3 The Agreement Time will be as set forth in the Project Schedule. Contractor agrees that it will commence performance of the Work and complete the Project through

Final Acceptance within the Agreement Time.

5.1.4 Time is of the essence of this Agreement for the Project, and for each phase and designated Milestone thereof.

Rev. 1/12/2026 Page 7

5.1.5 Failure on the part of Contractor to adhere to the approved Project Schedule will be deemed a material breach and sufficient grounds for termination of this

Agreement by City.

5.2 PROJECT SCHEDULE

5.2.1 The Project Schedule will be updated and maintained throughout Contractor’s performance under this Agreement in accordance with Section 6.2 of the General

5.2.2 Work must be completed to meet the following milestones after the Notice to

Proceed:

Milestone Time Liquidated damages for delay

1. n/a within n/a n/a per calendar day

5.3 SUBSTANTIAL COMPLETION

Substantial Completion must be achieved no later than the Substantial Completion

Date set forth in the Project Schedule. Substantial Completion will be determined in accordance with Section 6.3 of the General Conditions.

5.4 FINAL ACCEPTANCE

5.4.1 Final Acceptance will be obtained within the time period set forth in the Project

Schedule.

5.4.2 Final Acceptance will be issued pursuant to Section 6.5 of the General Conditions.

5.5 LIQUIDATED DAMAGES

5.5.1 Substantial Completion Liquidated Damages. Contractor acknowledges and agrees that if Contractor fails to obtain Substantial Completion of the Work within the

Agreement Time, City will sustain extensive damages and serious loss as a result of such failure. The exact amount of such damages will be extremely difficult to ascertain. Therefore, City and Contractor agree that if Contractor fails to achieve

Substantial Completion of the Work within the Agreement Time, City will be entitled to retain or recover from Contractor, as liquidated damages and not as a penalty, the sum per calendar day as indicated in MAG § 108.9.

5.5.2 Final Acceptance Liquidated Damages. For the same reasons set forth in Article 5.5.1 above, City and Contractor further agree that if Contractor fails to achieve Final

Acceptance of the Work within the Agreement Time, City will be entitled to retain or recover from Contractor, as liquidated damages and not as a penalty, the sum per

Rev. 1/12/2026 Page 8 calendar day as indicated in MAG § 108.9 commencing from the actual date of

Substantial Completion or Final Acceptance as required under the Agreement.

5.5.3 MAG Liquidated Damages. Liquidated damages provisions in MAG § 108.9 will apply.

5.5.4 City may deduct liquidated damages described in this Article 5.5 from any unpaid amounts then or thereafter due Contractor under this Agreement. Any liquidated damages not so deducted from any unpaid amounts due Contractor will be payable to City at the demand of City, together with interest from the date of the demand at the highest lawful rate of interest payable by Contractor.

5.6 MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES ONLY

5.6.1 Contractor and City waive claims against each other for consequential damages arising out of or relating to this Agreement. This mutual waiver includes.

1. Damages incurred by City for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and

2. Damages incurred by Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the

Work.

5.6.2 This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement. Nothing contained in this

Article 5 .6 will be deemed to preclude an award of liquidated damages, when applicable, in accordance with Article 5.5 above.

5.6.3 Nothing herein will be deemed to constitute a waiver of any other remedy available to City in the event of Contractor’s default under this Agreement prior to full performance of the Work including, as applicable, specific performance or completion of the Work on behalf of Contractor, the cost and expense of which will be offset against any monies then or thereafter due to Contractor (if any) and otherwise immediately reimbursed to City by Contractor.

Rev. 1/12/2026 Page 9

AGREEMENT PRICE

6.1 AGREEMENT PRICE

6.1.1 In exchange for Contractor’s full, timely, and acceptable performances and construction of the Work under this Agreement, and subject to all of the terms of this Agreement, City will pay Contractor the “Agreement Price,” which is $___________.

6.1.2 The Agreement Price is all-inclusive and specifically includes all fees, cost, insurance and bond premiums, and taxes of any type necessary to fully, properly and timely perform and construct Work.

6.2 CHANGES TO AGREEMENT PRICE

Shall be determined under Section 9 of the General Conditions.

PAYMENT

Payments will be made to Contractor in accordance with Section 8 of the General Conditions.

CHANGES TO THE AGREEMENT

Changes to the Agreement may be made in strict accordance with Section 9 of the

General Conditions.

SUSPENSION AND TERMINATION

This Agreement may be suspended or terminated in accordance with Section 10 of the

INSURANCE AND BONDS

10.1 Contractor must provide insurance in accordance with Sections 11.1 through 11.3 of the General Conditions. Contractor must provide proof of such insurance and all required endorsements in forms acceptable to City prior to commencing any Work under this Agreement.

10.2 Contractor must provide performance and payment bonds to City in Accordance with

Section 11.4 of the General Conditions and A.R.S. § 34-222.

10.3 Failure to provide proof of insurance and the required endorsements, or the required bonds, in forms acceptable to City, will be a material breach and grounds for termination for cause of this Agreement.

Rev. 1/12/2026 Page 10

INDEMNIFICATION

Contractor must have and assume the indemnity obligations set forth in Section 12 of the

DISPUTE RESOLUTION

Any claims or disputes relating to this Agreement will be resolved according to the dispute resolution process set forth in Section 13 of, and Appendix 6 to, the General Conditions.

FORCED LABOR OF ETHNIC UYGHURS PROHIBITED By entering into this

Agreement, Contractor certifies and agrees Contractor does not currently use and will not use for the term of this Agreement: (i) the forced labor of ethnic Uyghurs in the People's

Republic of China; or (ii) any goods or services produced by the forced labor of ethnic

Uyghurs in the People's Republic of China; or (iii) any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic

Uyghurs in the People's Republic of China.

SIGNATURE PAGE TO FOLLOW

Rev. 1/12/2026 Page 11

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement through their duly authorized representatives and bind their respective entitles as of the effective date.

“CITY”

CITY OF CHANDLER

Mayor

RECOMMENDED BY:

APPROVED AS TO FORM:

City Attorney

ATTEST:

City Clerk Seal

“CONTRACTOR”

[CONTRACTOR NAME]

Signature Date

Print Name

Title

Signer Email Address

EXHIBIT A

Rev. 1/15/2026 A-1

PROJECT SPECIFIC

SPECIAL PROVISIONS

Aerial Construction Photography

General Conditions Section 4 Subsections 4.2.7.1 & 4.2.7.2 are not applicable to this project.

Government Approvals and Permits

General Conditions Section 4 Subsection 4.2.8.1, City permit fees will be paid internally by the

City and all other fees will be the responsibility of the Contractor.

Owner's Allowance:

The purpose of the allowance is to create a funding source for any additional work as requested and approved by the City Representatives. The contractor will be reimbursed for the associated costs of the additional work.

Contract reimbursement from this allowance (in whole or in part) is not ensured.

Contractor will not anticipate, nor plan, for the amount from this allowance to be included in the total contract amount as part of this project.

Background Screening

Contractor and Subcontractor Worker Background Screening. Contractor agrees that all contract workers and Subcontractors (collectively "Contract Worker(s)") that Contractor furnishes to City under this Agreement will be subject to background and security checks and screening as set forth in this Section (collectively "Background Screening") at Contractor’s sole cost and expense.

As part of the Background Screening, Contractor must provide to a person designated by the City the name(s), address(es), and phone number(s) of all Contract Workers who will provide any services under this Agreement. All Contract Workers must comply with these Background

Screening requirements. All Contract Workers must be able to provide proof of the legal right to work in the United States. The Background Screening provided by Contractor must comply with all applicable laws, rules, and regulations. Contractor further agrees that the Background

Screening required in this Section is necessary to preserve and protect public health, safety, and welfare. The Background Screening requirements set forth in this Section are the minimum requirements for this Agreement. City in no way warrants that these minimum requirements are sufficient to protect Contractor from any liabilities that may arise out of Contractor’s services under this Agreement or Contractor’s failure to comply with this Section. Therefore, in addition to the specific measures set forth below, Contractor and its Contract Workers must take such other reasonable, prudent, and necessary measures to further preserve and protect public health, safety, and welfare when providing services under this Agreement.

Rev. 1/15/2026 A-2

Background Screening Requirements and Criteria. Before offering or scheduling any services under this Agreement, Contractor agrees that all Contract Workers, including the Contractor, if the Contractor is an individual or sole proprietorship, must have successfully passed a

Background Screening in accordance with this Section. Contractor warrants that no person will be permitted to substitute for a Contract Worker who has satisfied the Background Screening requirements until the proposed substitute has also satisfied the Background Screening requirements in this Section. For review and approval, Contractor must submit to a person designated by the City proof of a completed Background Screening for each Contract Worker over the age of 18 performing services under this Agreement no fewer than two (2) weeks before the proposed start date of such Contract Worker’s services. The Background Screening must have been completed within the 12-month period preceding the Contract Worker’s start date under this Agreement and must include the results of a social security (SSN) trace, a national criminal databased check with source verification, and a sex offender database search.

Additional City Rights Regarding Security Inquiries. In addition to the foregoing, City reserves the rights but not the obligations to: (1) have a Contract Worker be required to provide fingerprints and execute such other documentation as may be necessary to obtain criminal justice information pursuant to A.R.S. § 41-1750(G) (4) or Chandler City Code § 4-22; (2) act on newly acquired information whether or not such information should have been previously discovered;

(3) unilaterally change its standards and criteria relative to the acceptability of Contract Workers;

and (4) object, at any time and for any reason, to a Contract Worker performing work (including supervision and oversight) under this Agreement.

Contractor Certification. By executing this Agreement, Contractor certifies that Contractor has read and understands the Background Screening requirements and criteria in this Section and will fully comply with such requirements. Contractor further certifies that any Background

Screening information to be furnished to City related to Contractor or its Contract Workers will be complete, current, and accurate. A Contract Worker rejected for work under this Agreement will not be proposed to perform work under other City contracts or engagements without City's prior written approval.

Terms of This Section Applicable to all of Contractor’s Contracts and Subcontracts. Contractor must include the terms of this Section for Contract Worker Background Screening in all contracts and subcontracts for services furnished under this Agreement including, but not limited to, supervision and oversight services.

Materiality of Background Screening Requirements: Indemnity. The Background Screening requirements of this Section are material to City's entry into this Agreement and any breach of this Section by Contractor will be deemed a material breach of this Agreement. In addition to the indemnity provisions set forth in this Agreement, Contractor must defend, indemnify, and hold harmless City for any and all Claims arising out of this Background Screening Section including, but not limited to, the disqualification of a Contract Worker by Contractor or City for failure to satisfy this Section.

Rev. 1/15/2026 A-3

Continuing Duty, Audit. Contractor’s obligations and requirements that Contract Workers satisfy this Background Screening Section will continue throughout the entire term of this Agreement.

Contractor must notify City immediately of any change to a Background Screening of a Contract

Worker previously accepted by City. Contractor must maintain all records and documents related to all Background Screenings and City reserves the right to audit Contractor’s compliance with this Section under the terms of this Agreement.

EXHIBIT B

Rev. 1/15/2026 B-1

Approved date: July 20, 2022

Revised: 7/20/2022 GC-2 of 75

SECTION 1 - SCOPE OF THESE GENERAL CONDITIONS

SECTION 2 - GENERAL DEFINITIONS

SECTION 3 - STANDARD SPECIFICATIONS AND DETAILS

SECTION 4 - CONT R ACT OR’S R ES PONS IBILIT IES FOR CONST RUCT ION SE RVIC ES

SECTION 5 - CITY RESPONSIBILITIES

SECTION 6 - AGREEMENT TIME

SECTION 7 - AGREEMENT PRICE

SECTION 8 - PAYMENT

SECTION 9 - CHANGES TO THE AGREEMENT

SECTION 10 - SUSPENSION AND TERMINATION

SECTION 11 - INSURANCE AND BONDS

SECTION 12 - INDEMNIFICATION

SECTION 13 - DISPUTE RESOLUTION

SECTION 14 - MISCELLANEOUS PROVISIONS

SECTION 15 - PROVISIONS APPLICABLE SOLELY TO GMP AND COST-BASED AGREEMENTS, CHANGE

ORDERS, AND JOB ORDERS

SECTION 16 - PROVISIONS APPLICABLE SOLELY TO JOB ORDER AGREEMENTS (JOC)

SECTION 17 - PROVISIONS APPLICABLE SOLELY TO PRE-CONSTRUCTION SERVICES FOR

CONSTRUCTION MANAGER AT RISK

SECTION 18 - APPENDICES ...................................................................................................... APP-1 of 30

Appendix 1 – Policy Statement for Calculating Delays and Damages

Appendix 2 – Cost Reduction Incentive Proposals for Design Bid Build Agreements

Appendix 3 – Contractor’s Affidavit Regarding Settlement of Claims

Appendix 4 – Forms of Performance Bond

Appendix 5 – Forms of Payment Bond

Appendix 6 – Dispute Resolution

Appendix 7 – Certificate of Completion

Appendix 8 – Construction Sign Detail

Appendix 9 – Cost of the Work (Applicable solely to Construction Manager at Risk and

Job Order Contracting)

Appendix 10 Landscape Establishment Period

General Conditions

Revised: 7/20/22 GC-3 of 75

SECTION 1 - SCOPE OF THESE GENERAL CONDITIONS

These General Conditions encompass provisions that apply, and are incorporated into all construction Agreements entered into by the City of Chandler, unless otherwise specifically excluded in the executed Agreement.

SECTION 2 - GENERAL DEFINITIONS

Allowance : A specific amount for a specific item of Work, if any, that City agrees has not been sufficiently designed, detailed, or selected (including design changes from 90% to 100% as authorized by and at the discretion of the City) at the time the Agreement Price is agreed to for Contractor to provide a definitive price.

Alternate Systems Evaluations or Alternative Analysis: Alternatives for design, means and methods or other scope considerations that are evaluated using value analysis principles and have the potential to reduce construction costs while still delivering a quality and functional Project that meets City requirements.

Change Order: A written instrument issued after execution of the Agreement Documents signed by

City and Contractor, stating their agreement upon all of the following: the addition, deletion or revision in the scope of services or deliverables; the amount of the adjustment to the Agreement Price, the extent of the adjustment to the Agreement Time, or modifications of other agreement terms. The

Agreement Price and the Agreement Time may be changed only by Change Order.

Consultant: Person or firm that provides professional services.

City (Owner or OWNER): City of Chandler, a municipal corporation, with whom Contractor has entered into the Agreement and for whom the Work or Services are to be provided pursuant to the Agreement(s).

Contingent Bid Items: This is a minor bid item which is likely, but not certain, to occur during the course of work. If the Engineer determines that this work is required, the Contractor will accomplish the work and payment will be made based on the contingent unit bid price included in the proposal. Since the quantity listed in the proposal is primarily for bid comparison, the amount of work required by the

Engineer may vary materially from this.

Agreement: The written agreement executed between City and Contractor, including all of the Agreement

Documents.

Agreement Documents: The documents which together form the Agreement between City and

Contractor, as identified in Article 2 of the Agreement, or are otherwise incorporated into the

Agreement, including the Agreement, the exhibits thereto, these General Conditions, any Notice to

Proceed, and any Job Order (if applicable), the Plans and Specifications, Project Schedule, written and properly executed Change Orders, MAG Specifications and City’s amendments thereto, and any other documents so designated in the Agreement.

Agreement Price: The agreed-upon price to be paid to Contractor for full, timely, and acceptable completion of the Work or Services under the terms of the Agreement.

Agreement Time(s): The number of calendar days or the dates related to the applicable phase, Substantial Completion, or Final Acceptance as stated in Agreement Documents. Agreement Time starts

Revised: 7/20/22 GC-4 of 75 with the Notice to Proceed (NTP) and ends with Final Acceptance. The Agreement Time is set forth in the Agreement and is based upon the Project Schedule agreed to by City in writing.

Contractor: The person or business association with whom City has entered into an agreement for construction related Work or Services in relation to the Project at issue.

Contractor Payment Request: The form that is accepted by City and used by Contractor in requesting progress payments or final payment and which must include such supporting documentation as is required by the Agreement Documents or City.

Construction Budget: The City’s budget for construction of the Project.

Construction Documents: The Plans, Specifications, and Drawings prepared and issued by the Design

Professional and approved by City for construction, meaning the documents are sealed by the

Design Professional (as required), acceptable for permitting and incorporated into the Agreement by this reference. All amendments and modifications to the Construction Documents must be approved in writing by City prior to incorporation into the Agreement.

Cost of the Work: The term Cost of the Work will mean costs necessarily incurred by Contractor in the proper performance of the Work. Such costs will be at rates not higher than the standard paid at the place of the Project except with prior consent of City.

Critical Path Method (CPM): A scheduling technique which identifies the logical sequence of the activities occurring in a Construction Project, the anticipated time required to complete each activity in the

Project, and the activities that must be completed on schedule to finish the Project within the anticipated time. Typically, activities are arranged in a network that shows both activities and their dependencies.

CPM is also used as a management technique which enables contracting parties to predict when activities may occur so that resources can be effectively used and limitations can be identified.

Critical Path: Critical Path is the sequence of project network activities which add up to the longest overall duration. Once established in the Project Schedule, the Critical Path for the Project must not be changed without prior written approval of City.

Day: Calendar day(s) unless otherwise specifically stated in the Agreement Documents.

Design Professional: The qualified, licensed person, firm or corporation who furnishes design and construction administration services required under the Agreement Documents. These services may include, but are not limited to: development of Construction Drawings and Documents, review of

Contractor Submittal(s), review of and response to Requests for Information, approval and certification of progress payment applications, construction administration, and construction agreement close out.

Differing Site Conditions: Concealed or latent physical conditions or subsurface conditions at the Site that, (i) materially differ from the conditions indicated in the Agreement Documents, or (ii) are of an unusual nature, differing materially from the conditions ordinarily encountered and generally recognized as inherent in the Work at the general area of the Site. Caliche, rock, hard-digging or sandy/silty soil encountered on a project is not considered a “Differing Site Condition.”

Drawings (Plans): Documents, which visually represent the scope, extent and character of the Work to be furnished and performed by Contractor during the construction phase and which have been prepared

Revised: 7/20/22 GC-5 of 75 or approved by the Design Professional and City. These documents include Drawings that have reached a sufficient state of completion and released by Design Professional solely for the purposes of review and use in performing constructability or bid-ability reviews by Contractor and in preparing cost estimates (e.g. Master Planning and Programming, Schematic Design, Design Development, and

Construction Drawings), but “not for construction.” Shop Drawings are not Drawings as so defined.

Final Acceptance: The City’s acceptance of the facility or project from the Contractor after all Work is completed, tested, and inspected in accordance with the Agreement requirements. Final Acceptance results in a Letter of Acceptance (LOA).

Fixed Price: A fixed price or amount for an Agreement Price, Scope of Work, materials, or other item under an Agreement, Change Order, or other agreement, which City agrees, in writing, to pay instead of the actual cost.

Float: The number of Days by which an activity can be delayed without lengthening the Critical Path and extending the Agreement Time. Unless otherwise expressly agreed in writing, all Float belongs to City.

Laws, Regulations, or Legal Requirements: Any and all applicable laws, rules, regulations, ordinances, codes and orders applicable to the Project of any and all governmental bodies, agencies, authorities and courts having jurisdiction and any applicable provisions of the Development Agreement for the

Project (if any), including, without limitation, those provisions relating to the design and construction of the Project.

Line Item: The individual elements of Work identified on a bid or other schedule and associated with a price or a unit price and quantity particular to that individual element of the Work.