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City Clerk Document No.
City Council Meeting Date: June 26, 2025
CITY OF CHANDLER SERVICES AGREEMENT
ROOFING REPAIR AND REPAIR MAINTENANCE SERVICES
CITY OF CHANDLER AGREEMENT NO. BF5-910-4893
THIS AGREEMENT (Agreement) is made and entered into by and between the City of Chandler, an Arizona
municipal corporation (City), and Weatherproofing Technologies, Inc., an Arizona corporation (Contractor),
(City and Contractor may individually be referred to as Party and collectively referred to as Parties), made
, 2025 (Effective Date).
RECITALS
A. On or about March 7, 2025, the City issued a solicitation for roofing repair and repair maintenance
services. Under the solicitation, the City proposes to enter into five (5) related agreements for roofing repair
and repair maintenance services in various amounts for the prices set forth in each roofing repair and
repair maintenance services agreement. Although the amount and type of roofing repair and repair
maintenance services purchased by the City may vary, the total sum for all five (5) roofing repair and repair
maintenance services agreements must not exceed $1,485,000.
B. City proposes to purchase roofing repair and repair maintenance services from Contractor as more fully
described in Exhibit A, which is attached to and made a part of this Agreement by this reference.
C. Contractor is ready, willing, and able to provide the goods or services described in Exhibit A for the
compensation and fees set forth and as described in Exhibit B, which is attached to and made a part of this
Agreement by this reference.
D. City desires to contract with the Contractor to provide these goods or services under the terms and
conditions set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and the mutual promises contained in this
Agreement, City and Contractor agree as follows:
SECTION I: DEFINITIONS
For purposes of this Agreement, the following definitions apply:
Agreement means the legal agreement executed between the City and the Contractor
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City means the City of Chandler, Arizona
Contractor means the individual, partnership, or corporation named in the Agreement
Days means calendar days
May, Should means something that is not mandatory but permissible
Shall, Will, Must means a mandatory requirement
SECTION II: CONTRACTOR’S SERVICES
Contractor must perform in accordance with Exhibit A to the City’s satisfaction within the terms and
conditions of this Agreement and within the care and skill that a person who provides similar goods
services in Chandler, Arizona exercises under similar conditions. All goods or services furnished by
Contractor under this Agreement must be performed in a skilled and workmanlike manner. Unless
authorized by the City in writing, all fixtures, furnishings, and equipment furnished by Contractor as part
of the goods or services under this Agreement must be new, or the latest model, and of the most suitable
grade and quality for the intended purpose of the goods or services.
SECTION III: PERIOD OF SERVICE
Contractor must perform the services described in Exhibit A for the term of this Agreement.
The term of the Agreement is one year, and begins on June 27, 2025 and ends on June 26, 2026 unless
sooner terminated in accordance with the provisions of this Agreement. The City and the Contractor may
mutually agree to extend the Agreement for up to four (4) additional terms of one year each, or portions
thereof. The City reserves the right, at its sole discretion, to extend the Agreement for up to 60 days beyond
the expiration of any extension term.
SECTION lV: PAYMENT OF COMPENSATION AND FEES
4.1 Unless amended in writing by the Parties, Contractor's compensation and fees must not exceed the
unit prices and amounts as more fully described in Exhibit B for performance approved and accepted by
the City under this Agreement. Contractor must submit requests for payment for goods or services
approved and accepted during the previous billing period and must include, as applicable, detailed invoices
and receipts, a narrative description of the tasks accomplished during the billing period, a list of any
deliverables submitted, and any subcontractor’s or supplier’s actual requests for payment plus similar
narrative and listing of their work. Payment for those goods or services negotiated as a lump sum will be
made in accordance with the percentage of the goods furnished or services completed during the
preceding billing period. Goods or services negotiated as a not-to-exceed fee will be paid in accordance
with the goods furnished or services completed during the preceding month. All requests for payment
must be submitted to the City for review and approval. The City will make payment for approved and
accepted goods or services within 30 days of the City’s receipt of the request for payment.
4.2 Applicable Taxes. The Contractor will pay all applicable taxes. The City is subject to all applicable state
and local transaction privilege taxes. To the extent any state and local transaction privilege taxes apply to
sales made under the terms of this Agreement, it is the responsibility of the Contractor to collect and remit
all applicable taxes to the proper taxing jurisdiction of authority.
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4.3 Tax Indemnification. The Contractor and all subcontractors will pay all Federal, state, and local taxes
applicable to its operation and any persons employed by the Contractor. The Contractor will and require
all subcontractors to hold the City harmless from any responsibility for taxes, damages, and interest, if
applicable, contributions required under Federal, state, and local laws and regulations and any other costs
including transaction privilege taxes, unemployment compensation insurance, Social Security, and
Worker’s Compensation.
4.4 All prices offered herein shall be firm against any increase for the initial term of the Agreement. Prior
to commencement of subsequent renewal terms, the City may approve a fully documented request for a
price adjustment. The City shall determine whether any requested price increases for extension terms is
acceptable to the City. If the City approves the price increase, the price shall remain firm for the renewal
term for which it was requested. If a price increase is agreed upon by the Parties a written Agreement
Amendment shall be approved and executed by the Parties.
SECTION V: GENERAL CONDITIONS
5.1 Records/Audit. Records of the Contractor's direct personnel payroll, reimbursable expenses pertaining
to this Agreement and records of accounts between the City and Contractor must be kept on the basis of
generally accepted accounting principles and must be made available to the City and its auditors for up to
three years following the City’s final acceptance of the goods or services under this Agreement. The City,
its authorized representative, or any federal agency, reserves the right to audit Contractor's records to
verify the accuracy and appropriateness of all cost and pricing data, including data used to negotiate this
Agreement and any amendments. The City reserves the right to decrease the total amount of Agreement
price or payments made under this Agreement or request reimbursement from the Contractor following
final contract payment on this Agreement if, upon audit of the Contractor's records, the audit discloses the
Contractor has provided false, misleading, or inaccurate cost and pricing data. The Contractor will include
a similar provision in all of its contracts with subcontractors providing goods or services under the
Agreement Documents to ensure that the City, its authorized representative, or the appropriate federal
agency, has access to the subcontractors’ records to verify the accuracy of all cost and pricing data. The
City reserves the right to decrease Contract price or payments made on this Agreement or request
reimbursement from the Contractor following final payment on this Agreement if the above provision is
not included in subcontractor agreements, and one or more subcontractors refuse to allow the City to
audit their records to verify the accuracy and appropriateness of all cost and pricing data. If, following an
audit of this Agreement, the audit discloses the Contractor has provided false, misleading, or inaccurate
cost and pricing data, and the cost discrepancies exceed 1% of the total Agreement billings, the Contractor
will be liable for reimbursement of the reasonable, actual cost of the audit.
5.2 Alteration in Character of Work. Whenever an alteration in the character of work results in a substantial
change in this Agreement, thereby materially increasing or decreasing the scope of work, cost of goods,
cost of performance, or Project schedule, the goods or services will be performed as directed by the City.
However, before any modified work is started, a written amendment must be approved and executed by
the City and the Contractor. Such amendment must not be effective until approved by the City. Additions
to, modifications, or deletions from this Agreement as provided herein may be made, and the
compensation to be paid to the Contractor may accordingly be adjusted by mutual agreement of the
Parties. It is distinctly understood and agreed that no claim for extra work done or materials furnished by
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the Contractor will be allowed by the City except as provided herein, nor must the Contractor do any work
or furnish any materials not covered by this Agreement unless such work is first authorized in writing. Any
such work or materials furnished by the Contractor without prior written authorization will be at
Contractor's own risk, cost, and expense, and Contractor hereby agrees that without written authorization
Contractor will make no claim for compensation for such work or materials furnished.
5.3 Termination for Convenience. The City and the Contractor hereby agree to the full performance
of the covenants contained herein, except that the City reserves the right, at its discretion and without
cause, to terminate or abandon any purchase or service provided for in this Agreement, or abandon
any portion of the Project for which the Contractor has performed. In the event the City abandons or
suspends the purchase or services, or any part of the purchase or services as provided in this
Agreement, the City will notify the Contractor in writing and immediately after receiving such notice,
the Contractor must discontinue advancing the work specified under this Agreement. Upon such
termination, abandonment, or suspension, the Contractor must deliver to the City all drawings, plans,
specifications, special provisions, estimates and other work entirely or partially completed, together
with all unused materials supplied by the City. The Contractor must appraise the goods or services
Contractor has completed and submit Contractor's appraisal to the City for evaluation. The City may
inspect the Contractor's goods or services to appraise the status completed. The Contractor will
receive compensation in full for goods provided or services performed to the date of such
termination. The fee will be paid in accordance with Section IV of this Agreement, and as mutually
agreed upon by the Contractor and the City. If there is no mutual agreement on payment, the final
determination will be made in accordance with the Disputes provision in this Agreement. However, in
no event may the payment exceed the payment set forth in this Agreement nor as amended in
accordance with Alteration in Character of Work. The City will make the final payment within 60 days
after the Contractor has delivered the last of the partially completed items and the Parties agree on
the final payment. If the City is found to have improperly terminated the Agreement for cause or
default, the termination will be converted to a termination for convenience in accordance with the
provisions of this Agreement.
5.4 Termination for Cause. The City may terminate this Agreement for Cause upon the occurrence of any
one or more of the following events: in the event that (a) the Contractor fails to perform pursuant to the
terms of this Agreement, (b) the Contractor is adjudged a bankrupt or insolvent, (c) the Contractor makes
a general assignment for the benefit of creditors, (d) a trustee or receiver is appointed for Contractor or
for any of Contractor’s property (e) the Contractor files a petition to take advantage of any debtor's act, or
to reorganize under the bankruptcy or similar laws, (f) the Contractor disregards laws, ordinances, rules,
regulations or orders of any public body having jurisdiction, or (g) the Contractor fails to cure default within
the time requested. Where Agreement has been so terminated by City, the termination will not affect any
rights of City against Contractor then existing or which may thereafter accrue.
5.5 Indemnification. The Contractor (lndemnitor) must indemnify, defend, save and hold harmless the
City and its officers, officials, agents and employees (lndemnitee) from any and all claims, actions,
liabilities, damages, losses or expenses (including court costs, attorneys' fees and costs of claim
processing, investigation and litigation) (Claims) caused or alleged to be caused, in whole or in part,
by the wrongful, negligent or willful acts, or errors or omissions of the Contractor or any of its owners,
officers, directors, agents, employees, or subcontractors in connection with this Agreement. This
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indemnity includes any claim or amount arising out of or recovered under workers' compensation law
or on account of the failure of the Contractor to conform to any federal, state or local law, statute,
ordinance, rule, regulation or court decree. The Contractor must indemnify lndemnitee from and
against any and all Claims, except those arising solely from lndemnitee's own negligent or willful acts
or omissions. The Contractor is responsible for primary loss investigation, defense and judgment
costs where this indemnification applies. In consideration of the award of this Agreement, the
Contractor agrees to waive all rights of subrogation against lndemnitee for losses arising from or
related to this Agreement. The obligations of the Contractor under this provision survive the
termination or expiration of this Agreement.
5.6 Insurance Requirements. Contractor must procure insurance under the terms and conditions and
for the amounts of coverage set forth in Exhibit C against claims that may arise from or relate to
performance of the work under this Agreement by Contractor and its agents, representatives,
employees, and subcontractors. Contractor and any subcontractors must maintain this insurance
until all of their obligations have been discharged, including any warranty periods under this
Agreement. These insurance requirements are minimum requirements for this Agreement and in no
way limit the indemnity covenants contained in this Agreement. The City in no way warrants that the
minimum limits stated in Exhibit C are sufficient to protect the Contractor from liabilities that might
arise out of the performance of the work under this Agreement by the Contractor, the Contractor’s
agents, representatives, employees, or subcontractors. Contractor is free to purchase such additional
insurance as may be determined necessary.
5.7 Cooperation and Further Documentation. The Contractor agrees to provide the City such other
duly executed documents as may be reasonably requested by the City to implement the intent of this
Agreement.
5.8 Notices. Unless otherwise provided, notice under this Agreement must be in writing and will be
deemed to have been duly given and received either (a) on the date of service if personally served on
the party to whom notice is to be given, or (b) on the date notice is sent if by electronic mail, or (c) on
the third day after the date of the postmark of deposit by first class United States mail, registered or
certified, postage prepaid and properly addressed as follows:
For the City
For the Contractor
Name: Saranna Davidson
Name: James McDonald
Title: Procurement Officer
Title:
Address: 175 South Arizona Ave.
Address: 3735 Green Rd.
Chandler, AZ 85225
Beachwood, OH 44122
Phone: 480 782-2406
Phone: 480 220-1164
Email: saranna.davidson@chandleraz.gov
Email: contracts@tremco-inc.com
5.9 Successors and Assigns. City and Contractor each bind itself, its partners, successors, assigns, and
legal representatives to the other party to this Agreement and to the partners, successors, assigns,
and legal representatives of such other party in respect to all covenants of this Agreement. Neither
the City nor the Contractor may assign, sublet, or transfer its interest in this Agreement without the
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written consent of the other party. In no event may any contractual relation be created between any
third party and the City.
5.10 Disputes. In any dispute arising out of an interpretation of this Agreement or the duties required
not disposed of by agreement between the Contractor and the City, the final determination at the
administrative level will be made by the City Purchasing and Materials Manager.
5.11 Completeness and Accuracy of Contractor's Work. The Contractor must be responsible for the
completeness and accuracy of Contractor's services, data, and other work prepared or compiled
under Contractor's obligation under this Agreement and must correct, at Contractor's expense, all
willful or negligent errors, omissions, or acts that may be discovered. The fact that the City has
accepted or approved the Contractor's work will in no way relieve the Contractor of any of Contractor's
responsibilities.
5.12 Withholding Payment. The City reserves the right to withhold funds from the Contractor's
payments up to the amount equal to the claims the City may have against the Contractor until such
time that a settlement on those claims has been reached.
5.13 City's Right of Cancellation. The Parties acknowledge that this Agreement is subject to
cancellation by the City under the provisions of Section 38-511, Arizona Revised Statutes (A.R.S.).
5.14 Independent Contractor. For this Agreement the Contractor constitutes an independent
contractor. Any provisions in this Agreement that may appear to give the City the right to direct the
Contractor as to the details of accomplishing the work or to exercise a measure of control over the
work means that the Contractor must follow the wishes of the City as to the results of the work only.
These results must comply with all applicable laws and ordinances.
5.15 Project Staffing. Prior to the start of any work under this Agreement, the Contractor must assign
to the City the key personnel that will be involved in furnishing goods or performing services
prescribed in the Agreement. The City may acknowledge its acceptance of such personnel to furnish
goods or perform services under this Agreement. At any time hereafter that the Contractor desires to
change key personnel while performing under the Agreement, the Contractor must submit the
qualifications of the new personnel to the City for prior approval. The Contractor will maintain an
adequate and competent staff of qualified persons, as may be determined by the City, throughout the
performance of this Agreement to ensure acceptable and timely completion of the Scope of Work. If
the City objects, with reasonable cause, to any of the Contractor's staff, the Contractor must take
prompt corrective action acceptable to the City and, if required, remove such personnel from the
Project and replace with new personnel agreed to by the City.
5.16 Subcontractors. Prior to beginning the work, the Contractor must furnish the City for approval
the names of subcontractors to be used under this Agreement. Any subsequent changes are subject
to the City’s written prior approval.
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5.17 Force Majeure. If either party is delayed or prevented from the performance of any act required
under this Agreement by reason of acts of God or other cause beyond the control and without fault
of the Party (financial inability excepted), performance of that act may be excused, but only for the
period of the delay, if the Party provides written notice to the other Party within ten days of such act.
The time for performance of the act may be extended for a period equivalent to the period of delay
from the date written notice is received by the other Party.
5.18 Compliance with Federal Laws. Contractor understands and acknowledges the applicability of
the Americans with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug
Free Workplace Act of 1989 to it. The Contractor agrees to comply with these laws in performing this
Agreement and to permit the City to verify such compliance.
5.19 No Israel Boycott. By entering into this Agreement, Contractor certifies that Contractor is not
currently engaged in, and agrees for the duration of the Agreement, not to engage in a boycott of
Israel as defined by state statute.
5.20 Legal Worker Requirements. A.R.S. § 41-4401 prohibits the City from awarding a contract to any
contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A). Therefore,
Contractor agrees Contractor and each subcontractor it uses warrants their compliance with all
federal immigration laws and regulations that relate to their employees and their compliance with§
23-214, subsection A. A breach of this warranty will be deemed a material breach of the Agreement
and may be subject to penalties up to and including termination of the Agreement. City retains the
legal right to inspect the papers of any Contractor’s or subcontractor’s employee who provides goods
or services under this Agreement to ensure that the Contractor and subcontractors comply with the
warranty under this provision.
5.21 Lawful Presence Requirement. A.R.S. §§ 1-501 and 1-502 prohibit the City from awarding a
contract to any natural person who cannot establish that such person is lawfully present in the United
States. To establish lawful presence, a person must produce qualifying identification and sign a City-
provided affidavit affirming that the identification provided is genuine. This requirement will be
imposed at the time of contract award. This requirement does not apply to business organizations
such as corporations, partnerships, or limited liability companies.
5.22 Forced Labor of Ethnic Uyghurs Prohibited. By entering into this Agreement, Contractor certifies
and agrees Contractor does not currently use and will not use for the term of this Agreement: (i) the
forced labor of ethnic Uyghurs in the People's Republic of China; or (ii) any goods or services produced
by the forced labor of ethnic Uyghurs in the People's Republic of China; or (iii) any contractors,
subcontractors or suppliers that use the forced labor or any goods or services produced by the forced
labor of ethnic Uyghurs in the People's Republic of China.
5.23 Covenant Against Contingent Fees. Contractor warrants that no person has been employed or
retained to solicit or secure this Agreement upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, and that no member of the Chandler City Council, or any
City employee has any interest, financially, or otherwise, in Contractor’s firm. For breach or violation
of this warrant, the City may annul this Agreement without liability or, at its discretion, to deduct from
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the Agreement price or consideration, the full amount of such commission, percentage, brokerage,
or contingent fee.
5.24 Non-Waiver Provision. The failure of either Party to enforce any of the provisions of this
Agreement or to require performance of the other Party of any of the provisions hereof must not be
construed to be a waiver of such provisions, nor must it affect the validity of this Agreement or any
part thereof, or the right of either Party to thereafter enforce each and every provision.
5.25 Disclosure of Information Adverse to the City’s Interests. To evaluate and avoid potential conflicts
of interest, the Contractor must provide written notice to the City, as set forth in this Section, of any
work or services performed by the Contractor for third parties that may involve or be associated with
any real property or personal property owned or leased by the City. Such notice must be given seven
business days prior to commencement of the services by the Contractor for a third party, or seven
business days prior to an adverse action as defined below. Written notice and disclosure must be sent
to the City’s Purchasing and Materials Manager. An adverse action under this Agreement includes, but
is not limited to: (a) using data as defined in the Agreement acquired in connection with this
Agreement to assist a third party in pursuing administrative or judicial action against the City; or (b)
testifying or providing evidence on behalf of any person in connection with an administrative or
judicial action against the City; or (c) using data to produce income for the Contractor or its employees
independently of performing the services under this Agreement, without the prior written consent of
the City. Contractor represents that except for those persons, entities, and projects identified to the
City, the services performed by the Contractor under this Agreement are not expected to create an
interest with any person, entity, or third party project that is or may be adverse to the City’s interests.
Contractor's failure to provide a written notice and disclosure of the information as set forth in this
Section constitute a material breach of this Agreement.
5.26 Data Confidentiality and Data Security. As used in the Agreement, data means all information,
whether written or verbal, including plans, photographs, studies, investigations, audits, analyses, samples,
reports, calculations, internal memos, meeting minutes, data field notes, work product, proposals,
correspondence and any other similar documents or information prepared by, obtained by, or transmitted
to the Contractor or its subcontractors in the performance of this Agreement. The Parties agree that all
data, regardless of form, including originals, images, and reproductions, prepared by, obtained by, or
transmitted to the Contractor or its subcontractors in connection with the Contractor's or its
subcontractor’s performance of this Agreement is confidential and proprietary information belonging to
the City. Except as specifically provided in this Agreement, Contractor or its subcontractors must not
divulge data to any third party without the City’s prior written consent. Contractor or its subcontractors
must not use the data for any purposes except to perform the services required under this Agreement.
These prohibitions do not apply to the following data provided to the Contractor or its subcontractors have
first given the required notice to the City: (a) data which was known to the Contractor or its subcontractors
prior to its performance under this Agreement unless such data was acquired in connection with work
performed for the City; or (b) data which was acquired by the Contractor or its subcontractors in its
performance under this Agreement and which was disclosed to the Contractor or its subcontractors by a
third party, who to the best of the Contractor's or its subcontractors knowledge and belief, had the legal
right to make such disclosure and the Contractor or its subcontractors are not otherwise required to hold
such data in confidence; or (c) data which is required to be disclosed by virtue of law, regulation, or court
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order, to which the Contractor or its subcontractors are subject. In the event the Contractor or its
subcontractors are required or requested to disclose data to a third party, or any other information to
which the Contractor or its subcontractors became privy as a result of any other contract with the City, the
Contractor must first notify the City as set forth in this Section of the request or demand for the data. The
Contractor or its subcontractors must give the City sufficient facts so that the City can be given an
opportunity to first give its consent or take such action that the City may deem appropriate to protect such
data or other information from disclosure. Unless prohibited by law, within ten calendar days after
completion or termination of services under this Agreement, the Contractor or its subcontractors must
promptly deliver, as set forth in this Section, a copy of all data to the City. All data must continue to be
subject to the confidentiality agreements of this Agreement. Contractor or its subcontractors assume all
liability to maintain the confidentiality of the data in its possession and agrees to compensate the City if
any of the provisions of this Section are violated by the Contractor, its employees, agents or subcontractors.
Solely for the purposes of seeking injunctive relief, it is agreed that a breach of this Section must be deemed
to cause irreparable harm that justifies injunctive relief in court. Contractor agrees that the requirements
of this Section must be incorporated into all subcontracts entered into by Contractor. A violation of this
Section may result in immediate termination of this Agreement without notice.
5.27 Personal Identifying Information-Data Security. Personal identifying information, financial
account information, or restricted City information, whether electronic format or hard copy, must be
secured and protected at all times by Contractor and any of its subcontractors. At a minimum,
Contractor must encrypt or password-protect electronic files. This includes data saved to laptop
computers, computerized devices, or removable storage devices. When personal identifying
information, financial account information, or restricted City information, regardless of its format, is
no longer necessary, the information must be redacted or destroyed through appropriate and secure
methods that ensure the information cannot be viewed, accessed, or reconstructed. In the event that
data collected or obtained by Contractor or its subcontractors in connection with this Agreement is
believed to have been compromised, Contractor or its subcontractors must immediately notify the
City contact. Contractor agrees to reimburse the City for any costs incurred by the City to investigate
potential breaches of this data and, where applicable, the cost of notifying individuals who may be
impacted by the breach. Contractor agrees that the requirements of this Section must be incorporated
into all subcontracts entered into by Contractor. It is further agreed that a violation of this Section
must be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this
Section may result in immediate termination of this Agreement without notice. The obligations of
Contractor or its subcontractors under this Section must survive the termination of this Agreement.
5.28 Jurisdiction and Venue. This Agreement is made under, and must be construed in accordance
with and governed by the laws of the State of Arizona without regard to the conflicts or choice of law
provisions thereof. Any action to enforce any provision of this Agreement or to obtain any remedy
with respect hereto must be brought in the courts located in Maricopa County, Arizona, and for this
purpose, each Party hereby expressly and irrevocably consents to the jurisdiction and venue of such
court.
5.29 Survival. All warranties, representations, and indemnifications by the Contractor must survive
the completion or termination of this Agreement.
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5.30 Modification. Except as expressly provided herein to the contrary, no supplement, modification,
or amendment of any term of this Agreement will be deemed binding or effective unless in writing
and signed by the Parties.
5.31 Severability. If any provision of this Agreement or the application to any person or circumstance
may be invalid, illegal or unenforceable to any extent, the remainder of this Agreement and the
application will not be affected and will be enforceable to the fullest extent permitted by law.
5.32 Integration. This Agreement contains the full agreement of the Parties. Any prior or
contemporaneous written or oral agreement between the Parties regarding the subject matter is
merged and superseded.
5.33 Time is of the Essence. Time of each of the terms, covenants, and conditions of this Agreement
is hereby expressly made of the essence.
5.34 Date of Performance. If the date of performance of any obligation or the last day of any time
period provided for should fall on a Saturday, Sunday, or holiday for the City, the obligation will be
due and owing, and the time period will expire, on the first day after which is not a Saturday, Sunday
or legal City holiday. Except as may otherwise be set forth in this Agreement, any performance
provided for herein will be timely made if completed no later than 5:00 p.m. (Chandler time) on the
day of performance.
5.35 Third Party Beneficiary. Nothing under this Agreement will be construed to give any rights or
benefits in the Agreement to anyone other than the City and the Contractor, and all duties and
responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of
City and the Contractor and not for the benefit of any other party.
5.36 Conflict in Language. All work performed must conform to all applicable City of Chandler codes,
ordinances, and requirements as outlined in this Agreement. If there is a conflict in interpretation
between provisions in this Agreement and those in the Exhibits, the provisions in this Agreement
prevail.
5.37 Document/Information Release. Documents and materials released to the Contractor, which are
identified by the City as sensitive and confidential, are the City’s property. The document/material
must be issued by and returned to the City upon completion of the services under this Agreement.
Contractor’s secondary distribution, disclosure, copying, or duplication in any manner is prohibited
without the City’s prior written approval. The document/material must be kept secure at all times. This
directive applies to all City documents, whether in photographic, printed, or electronic data format.
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5.38 Exhibits. The following exhibits are made a part of this Agreement and are incorporated by
reference:
Exhibit A - Project Description/Scope of Work
Exhibit B - Compensation and Fees
Exhibit C - Insurance Requirements
Exhibit D - Special Conditions
5.39 Special Conditions. As part of the goods furnished or the services Contractor provides under this
Agreement, Contractor agrees to comply with and fully perform the special terms and conditions set
forth in Exhibit D, which is attached to and made a part of this Agreement.
5.40 Cooperative Use of Agreement. In addition to the City of Chandler and with approval of the
Contractor, this Agreement may be extended for use by other municipalities, school districts and
government agencies of the State. Any such usage by other entities must be in accordance with the
ordinance, charter and/or procurement rules and regulations of the respective political entity.
If required to provide services on a school district property at least five times during a month,
Contractor will submit a full set of fingerprints to the school of each person or employee who may
provide such service. The District will conduct a fingerprint check in accordance with A.R.S. 41-1750
and Public Law 92-544 of all Contractors, subcontractors or vendors and their employees for which
fingerprints are submitted to the District. Additionally, the Contractor will comply with the governing
body fingerprinting policies of each individual school district/public entity. Contractor, sub-
contractors, vendors and their employees will not provide services on school district properties until
authorized by the District.
Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.
The City will not be responsible for any disputes arising out of transactions made by other agencies
who utilize this Agreement.
5.41 Non-Discrimination and Anti-Harassment Laws. Contractor must comply with all applicable City,
state, and federal non-discrimination and anti-harassment laws, rules, and regulations.
5.42 Licenses and Permits. Beginning with the Effective Date and for the full term of this Agreement,
Contractor must maintain all applicable City, state, and federal licenses and permits required to fully
perform Contractor’s services under this Agreement.
5.43 Warranties. Unless otherwise provided in Exhibit D, the Contractor must furnish a one-year
warranty on all work and services performed under this Agreement. Contractor must furnish, or cause
to be furnished, a two-year warranty on all fixtures, furnishings, and equipment furnished by
Contractor, subcontractors, or suppliers under this Agreement. Any defects in design, workmanship,
or materials that do not comply with this Agreement must be corrected by Contractor (including, but
not limited to, all parts and labor) at Contractor’s sole cost and expense. All written warranties and
redlines for as-built conditions must be delivered to the City on or before the City’s final acceptance
of Contractor’s services under this Agreement.
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5.44 Liens. The Contractor warrants that the materials supplied under this Agreement are free of liens
and will remain free of liens.
5.45 Quality. Unless otherwise modified elsewhere in these terms and conditions, the Contractor warrants
that, for one year after acceptance by the City of the materials, they will be (a) of a quality to pass without
objection in the trade under the Agreement description, (b) fit for the intended purposes for which the
materials are used, (c) within the variations permitted by the Agreement and are of even kind, quantity,
and quality within each unit and among all units, (d) adequately contained, packaged and marked as the
Agreement may require, and (e) conform to the Contractor’s written promises or affirmations of fact.
5.46 Fitness. The Contractor warrants that any material supplied to City will fully conform to all
requirements of the Agreement and all the Contractor’s representations, and will be fit for all purposes
and uses required by the Agreement.
5.47 Inspection/Testing. The warranties set forth in the Agreement are not affected by the City’s inspection
or testing of or payment for the materials by the City.
5.48 Packing and Shipping. The Contractor will be responsible for industry standard packing, which
conforms to requirements of carrier’s tariffs and Interstate Commerce Commission (ICC) regulations.
Containers must be clearly marked as to lot number, destination, address, and purchase order number.
5.49 Delivery. All prices are F.O.B. Destination and include all delivery and unloading at the specified
destinations. The Contractor will retain title and control of all goods until they are delivered and accepted
by the City. All risk of transportation and all related charges will be the responsibility of the Contractor. All
claims for visible or concealed damage will be filed by the Contractor. The City will notify the Contractor
promptly of any damaged goods and will assist the Contractor in arranging for inspection.
5.50 Risk of Loss. The Contractor will bear all loss of conforming material covered under this Agreement
until received by authorized personnel at the location designated in the purchase order or Agreement.
Mere receipt does not constitute final acceptance. The risk of loss for nonconforming materials will remain
with the Contractor regardless of receipt.
5.51 Current Products. All products offered in response to this solicitation will be in current and ongoing
production; will have been formally announced for general marketing purposes; will be a model or type
currently functioning in a user (paying customer) environment and capable of meeting or exceeding all
specifications and requirements set forth in the City’s solicitation.
5.52 Annual Usage Report. Upon request, the Contractor will furnish to the City an annual usage report
delineating the acquisition activity governed by the Agreement. The format of the report will be approved
by the City and will disclose the quantity and the dollar value of each agreement item by individual
purchasing unit.
5.53 Catalogs/Agreement Price Listing. As applicable, the Contractor will furnish to all requesting
departments catalogs at no cost, which will outline agreement prices.
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5.54 Emergency Purchases. City reserves the rights to purchase from other sources those items,
which are required on an emergency basis and cannot be supplied immediately by the Contractor.
5.55 Non-Exclusive Agreement. This agreement is for the sole convenience of the City of Chandler.
The City reserves the right to obtain like goods or services from another source when necessary.
5.56 Budget Approval Into Next Fiscal Year. This Agreement will commence on the Effective Date and
continue in full force and effect until it is terminated or expires in accordance with the provisions of this
Agreement. The Parties recognize that the continuation of this Agreement after the close of the City's fiscal
year, which ends on June 30 of each year, is subject to the City Council's approval of a budget that includes
an appropriation for this item as an expenditure. The City does not represent that this budget item will be
actually adopted. This determination is solely made by the City Council at the time Council adopts the
budget.
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This Agreement shall be in full force and effect only when it has been approved and executed by the
duly authorized City officials.
FOR THE CITY
FOR THE CONTRACTOR
By: _________________________________________
By: _________________________________________
Its: _________________________________________
Its: _________________________________________
Mayor
APPROVED AS TO FORM:
By: _________________________________________
City Attorney
ATTEST:
By: _________________________________________
City Clerk
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Exec. Vice President
EXHIBIT A TO AGREEMENT
SCOPE OF WORK
1. INTRODUCTION
1.1.
The City of Chandler desires to contract for Roofing Repair and Maintenance services. Contractor
will provide minor repairs and maintenance but may also provide complete roof replacements
as needed. Roofing systems may include but are not limited to overlay, rubber, built up roofing,
2 ply, 3 ply, shingle and asphalt. This service shall be provided, on an ‘as needed’ basis, for a
period of one (1) year, with options as outlined in the “TERM” section of this solicitation.
1.2.
The Offeror is encouraged to read the Solicitation documents very carefully, as the City shall not
be responsible for errors and omissions on the part of the Offeror. The Offeror is also
encouraged to carefully review their final submittal documents, as the Evaluation Committee is
not required to make interpretations or correct detected errors in calculations.
1.3.
Offeror shall familiarize themselves with the nature and extent of the solicitation and contract
documents, work to be performed, all local conditions, and federal, state and local laws,
ordinances, rules and regulations that may in any manner affect cost, progress or performance
of the work.
1.4.
The City of Chandler intends to award to multiple contractors in order to meet the needs of the
City and reserves the right to request bids from awarded contractors.
2. GENERAL VENDOR QUALIFICATIONS
2.1.
The Contractor shall be in compliance with all applicable Federal, State, Local, ANSI and OSHA
laws, rules and regulations and all other applicable regulations for the term of this contract. The
Contractor, without additional expense to the City, shall be responsible for obtaining and
maintaining any necessary licenses and permits required in connection with the completion of
the required services herein.
2.2.
The Offeror must hold a valid license issued by the State of Arizona Registrar of Contractors prior
to submission of a proposal and must maintain same throughout the duration of the contract
term and any subsequent contract extensions. Failure to maintain said license may be grounds
for default of the contract and subsequent termination.
2.3.
The Contractor may not subcontract any segment or services covered herein, without prior
approval of the Contract Administrator. All subcontractors used under the scope of this contract
shall meet all requirements, terms and conditions set forth herein. All subcontracted services
shall be warranted by and be the responsibility of the Contractor.
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3. EXPERTISE, KNOWLEDGE AND TRAINING
3.1.
The Contractor and Contractor Technicians shall maintain complete and up-to-date expertise,
knowledge, and training (including all appropriate professional and technical certifications) for
the professional performance of any and all required or recommended manufacturer processes,
procedures, and techniques for the repair of roofs and replacement of roofing systems.
3.2.
Contractors and all Contractor Roofers performing repairs or installation for the product
intended to be used, or other products and systems shall have full, complete, and up-to-date
manufacturer training and certification for these roofing techniques and systems.
3.3.
Proof of training and certifications shall be made available upon request.
3.4.
The Contractor shall consult with the City of Chandler as necessary and appropriate to clarify the
scope of existing specifications, to discuss changes to specifications or procedures, and to
otherwise inform, advise and consult.
3.5.
Manufacturer recommended specifications and procedures as well as any changes to
manufacturer recommended or required maintenance/repair procedures that occur during the
term of this contract shall automatically become part of this contract and will not result in
additional cost to the City. Increased cost to the Contractor but may be addressed for
consideration as part of annual contract renewal. Any such changes shall automatically become
part of this contract and will not result in additional cost to the City or decreased cost to the
Contractor at the time of their implementation, may be considered as part of annual contract
renewal. The Contractor shall provide written notification to the City of Chandler within 5
working days of any changes to manufacturer's required or recommended preventive
maintenance or repair procedures, regardless of whether the Contractor is working on a current
roofing project.
3.6.
All work shall be performed per the details, specifications, standards, and requirements of each
manufacturer for each type of roof system scheduled for repair, replacement, or installation. All
work shall be performed by a certified roofer so as not to void any existing roof manufacturer’
warranty.
3.7.
In addition to the manufacturer specifications, the ‘City” may require additional specifications
which will be submitted to the contractor at the time of the request for proposal.
4. ROOF PROJECT PRICE PROPOSALS
4.1.
The City of Chandler may request the Contractor to provide a written Roofing Project Proposal
(RPP). RPPs shall be requested at the sole discretion of the City of Chandler, and may be
requested of multiple Contractors, and shall not be construed by the Contractor to be a
guarantee that the work will be assigned to the Contractor.
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4.2.
At the time of the request, the Contractor shall inform the City of Chandler if the Contractor will
not provide an RPP. The Contractor shall state the reason for declining to submit an RPP. The
Contractor shall provide a written statement stating the reasons for declining to provide a RPP
within 3 business days.
4.3.
At the time of the request, the City of Chandler and the Contractor shall agree on a date and time
to conduct a pre-proposal inspection at the site of the project. The pre-proposal inspection shall
occur within 10 business days of the request. While the City of Chandler shall attempt to find a
mutually agreeable date and time for the pre-proposal inspection, the date and time of the
inspection shall be conducted at the convenience of the City of Chandler.
4.4.
Prior to the pre-proposal site inspection, the City of Chandler shall provide to the Contractor the
intended specification for the project. The project specifications shall include:
4.4.1.
Project Address
4.4.2.
Building Name
4.4.3.
Project Description
4.4.4.
Roofing system components to be repaired or replaced
4.4.5.
Facility Maintenance (FM) measured project square footage
4.4.6.
Manufacturer products and specification to be used on the project
4.4.7.
Moisture testing requirement (if any)
4.4.8.
Davis Bacon Wage requirements, if applicable
4.4.9.
SBE/DBE subcontractor participation goals, if applicable
4.5.
On-site pre-proposal inspections shall be conducted in the presence of the City of Chandler to
fully clarify the project and resolve any issues or concerns. The Contractor shall use the pre-
proposal inspection to fully familiarize themselves with the scope of the intended work, verify
manufactures specifications and products to be used, obtain clarifications from the City of
Chandler on any or all aspects of the project, discuss project time requirements, and obtain any
other information necessary for the Contractor to provide a substantive, detailed, and complete
RPP.
4.6.
Within 5 business days of conducting the pre-proposal inspection, the Contractor shall submit a
written RPP to the City of Chandler. The RPP shall be submitted either by mail, FAX, e-mail, or
hand delivery.
4.7.
The written RPP shall be of a standard form and format as developed by the Contractor. Draft
proposal forms and formats shall be submitted, the Contractor agrees to accept and implement
any revisions to the standard format at any time as requested by the City of Chandler after
contract award. Revisions to the form and format shall be completed promptly, in time to be
used after contract award.
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4.8.
A Roofing Price Proposal shall contain include the following information:
4.8.1.
Address of Project Location
4.8.2.
The City of Chandler square footage of roof surface
4.8.3.
Contractor measured square footage of roof surface
4.8.4.
Space for square footage discrepancy (City of Chandler to Contractor measurement)
4.8.5.
Project cost detailed (reconciled to Contracted price list/rates) including labor and
material breakout
4.8.6.
Roofing system components to be repaired or replaced per manufacturer project
specifications
4.8.7.
Manufacturer products to be used
4.8.8.
Volumes of materials to be used
4.8.9.
Detail regarding building equipment, penetration areas, fascia, etc. that shall in whole or
part be affected by the roofing project and information regarding how such components
will be affected.
4.8.10. Warranties by type of work and products
4.8.11. Specifications for any techniques or products outside of manufacturer specs
4.8.12. Requirements for specialized or additional equipment (cranes rentals, sandblasting
equipment, etc.)
4.9.
The Contractor shall be required to verify all existing conditions, dimensions of repair work areas,
roof electrical lines, mechanical equipment (electrical voltage requirements), condition of roof
substrate, walls, roof edges, gutters, and roof penetrations, presence of moisture, and any other
condition necessary to perform the work.
4.10. The Contractor shall rely on the manufacturer specifications when developing proposals.
Manufacturer specifications shall be provided by the City of Chandler, or the Contractor shall
obtain the specifications from the manufacturer. Manufacturer specifications shall be provided
as an attachment to the proposal.
4.11. The City of Chandler shall review submitted written Roof Project Proposals and either accept,
request revisions, or decline the RPP. The City of Chandler shall notify the Contractor of the
acceptance or rejection of the RPP.
4.12. The City of Chandler shall submit to the selected Contractor a written Notice to Proceed on the
project.
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5. ROOF PROJECT WARRANTY REQUIREMENTS
5.1.
The Contractor shall provide the following warranties:
5.1.1.
Roof Systems: Minimum 20-year product warranty. All complete or partial roof
installations shall be considered a complete system, including all penetrations, wall
flashings, curbs, caps, drains, etc. There shall be no exclusions. Upon successful
completion of the project, and after all post installation procedures have been
completed, the Contractor shall furnish the City with all minimum manufacturer labor
and materials combined option membrane guarantee. The guarantee shall be a term
type, without deductibles or limitations on coverage amount. This guarantee shall not
exclude random areas of ponding from coverage for the first ten years.
5.1.2.
Roof Coating Warranty: 10 years
5.1.3.
Contractor Workmanship: 5 years
6. PREVENTATIVE MAINTENANCE PROPOSALS
6.1.
The City of Chandler may request the Contractor to provide a written Preventative Maintenance
Proposal (PMP). PMP's shall be requested at the sole discretion of the City of Chandler, and may
be requested of multiple Contractors, and shall not be construed by the Contractor to be a
guarantee that the work will be assigned to the Contractor.
6.2.
At the time of the request, the Contractor shall inform the City of Chandler if the Contractor will
not provide a PMP. The Contractor shall state the reason for declining to submit a PMP. The
Contractor shall provide a written statement stating the reasons for declining to provide a PMP
within 3 business days.
6.3.
At the time of the request, the City of Chandler and the Contractor shall agree on a date and time
to conduct a pre-proposal inspection at the site of the project. The pre-proposal inspection shall
occur within 10 business days of the request. While the City of Chandler shall attempt to find a
mutually agreeable date and time for the pre-proposal inspection, the date and time of the
inspection shall be conducted at the convenience of the City of Chandler.
6.4.
Prior to the pre-proposal site inspection, the City of Chandler shall provide to the Contractor the
intended specification for the project. The project specifications shall include:
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6.4.1.
Project Address
6.4.2.
Building Name
6.4.3.
Project Description
6.4.4.
Roofing system components to be maintained.
6.4.5.
Facility Maintenance (FM) measured project square footage
6.4.6.
Moisture testing requirement (if any)
6.4.7.
Davis Bacon Wage requirements, if applicable
6.4.8.
SBE/DBE subcontractor participation goals, if applicable
6.5.
On-site pre-proposal inspections shall be conducted in the presence of the City of Chandler to
fully clarify the project and resolve any issues or concerns. The Contractor shall use the pre-
proposal inspection to fully familiarize themselves with the scope of the intended work, verify
manufactures specifications and products to be used, obtain clarifications from the City of
Chandler on any or all aspects of the project, discuss project time requirements, and obtain any
other information necessary for the Contractor to provide a substantive, detailed, and complete
PMP.
6.6.
Within 5 business days of conducting the pre-proposal inspection, the Contractor shall submit a
written PMP to the City of Chandler. The PMP shall be submitted either by mail, FAX, e-mail, or
hand delivery.
6.7.
The written PMP shall be of a standard form and format as developed by the Contractor. Draft
proposal forms and formats shall be submitted, the Contractor agrees to accept and implement
any revisions to the standard format at any time as requested by the City of Chandler after
contract award. Revisions to the form and format shall be completed promptly, in time to be
used after contract award.
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6.8.
A Preventative Maintenance Proposal shall contain include the following information:
6.8.1.
Address of Project Location
6.8.2.
The City of Chandler square footage of roof surface
6.8.3.
Contractor measured square footage of roof surface
6.8.4.
Space for square footage discrepancy (City of Chandler to Contractor measurement)
6.8.5.
Project cost detailed (reconciled to Contracted price list/rates) including labor and
material breakout
6.8.6.
Roofing system components to be maintained per manufacturer recommendations.
(Type of roofing system)
6.8.7.
Age of the roofing system.
6.8.8.
Assessed current condition.
6.8.9.
Proposed frequency of preventative maintenance.
6.8.10. Detail regarding building equipment, penetration areas, fascia, etc. that shall in whole or
part be affected by the roofing project and information regarding how such components
will be affected.
6.8.11. Specifications for any techniques or products used during the preventative maintenance
process. (Manufacturers recommendations)
6.8.12. Requirements for specialized or additional equipment (cranes rentals, sandblasting
equipment, etc.)
6.9.
The Contractor shall be required to verify all existing conditions, dimensions of work areas, roof
electrical lines, mechanical equipment (electrical voltage requirements), condition of roof
substrate, walls, roof edges, gutters, and roof penetrations, presence of moisture, and any other
condition necessary to perform the work.
6.10. The Contractor shall rely on the manufacturer specifications/recommendations when developing
proposals. The Contractor shall obtain the specifications/recommendations from the
manufacturer. Manufacturer specifications/recommendations shall be provided as an
attachment to the proposal.
6.11. The City of Chandler shall review submitted written Preventative Maintenance Proposals and
either accept, request revisions, or decline the PMP. The City of Chandler shall notify the
Contractor of the acceptance or rejection of the PMP.
6.12. The City of Chandler shall submit to the selected Contractor a written Notice to Proceed on the
project.
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7. EMERGENCY ROOF REPAIRS
7.1.
The City of Chandler shall notify the Contractor by telephone call to request emergency roofing
repair services during after hours, weekends or holidays. Telephone calls shall be made by the
City of Chandler to the designated telephone number(s). The Contractor and the City of Chandler
shall discuss a response time for the emergency repairs, when the Contractor shall arrive on-site
prepared to perform the work. The City of Chandler shall determine if the response time is
adequate and shall so inform the Contractor.
7.2.
The Contractor shall immediately inform the City of Chandler if the Contractor is unable to
perform the emergency repair service and the reason for being unable to respond.
7.3.
The Contractor shall arrive on-site to the emergency roof repair location fully prepared and
equipped to assess the scope of the required repair within 2 hours of telephone notification by
the City. The time of the notification shall be as documented by the City and the time of
notification shall be provided by the City representative at the time the service call is made by
the City. The City of Chandler shall meet the Contractor at the site.
7.4.
After completing an assessment of scope of the required roof repair, the Contractor shall
immediately notify the City of Chandler of the nature of the required repairs and provide an
estimate of the time and cost required to repair the roof. As directed by the City of Chandler,
repairs may involve complete minor repairs or temporary repairs pending more complete work
at another time.
7.5.
Upon authorization received from the City of Chandler, the Contractor shall immediately
commence and complete the emergency repair of the roof to the full satisfaction of the City of
Chandler.
7.6.
At the conclusion of roof repair work, the Contractor shall immediately complete and present to
the City of Chandler, a written Roof Repair Service report that identifies the repairs or
replacements made, products used, parts repaired or replaced, and suggestions or
recommendations for further work.
8. PERFORMING ROOF PROJECTS AND REPAIRS
8.1.
During any roofing project, in addition to any other requirement in this contract the Contractor
shall:
8.1.1.
Arrive on site fully prepared and equipped with all materials and equipment necessary
to commence immediately and perform the roofing project.
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8.1.2.
Perform all roof projects in full compliance with specific Roof Project Price Proposal,
Preventative Maintenance Proposal, Notice to Proceed, emergency repairs estimate, and
all relevant technical and applicable manufacturer specifications in a good workmanlike
manner.
8.1.3.
Be fully responsible of the ways, means, methods, techniques, procedures, and for
performance and enforcement of safety requirements relating to the project.
8.1.4.
Comply with the City of Chandler's Hot Work Policy (attached). Designate one person on
each crew to perform a daily fire watch. The designated crew member shall watch for
fires or smoldering materials on all areas of roof construction. Continue the fire watch
for 30 minutes after roofing material application has been suspended for the day.
8.1.5.
Comply with all relevant standards and code requirements for erection of structurally
adequate site, work, street, or other barricading. Where appropriate and needed,
provide lighting, including flashing red or amber lights.
8.1.6.
Conduct work during the hours indicated on the Notice to Proceed. Work may either be
conducted during normal business hours, after hours, weekends, or holidays.
8.1.7.
Provide a minimum five (5) days’ notice to the City and manufacturer prior to
commencing any work and notify both parties on a daily basis of any change in work
schedule.
8.1.8.
Direct and coordinate the work of all subcontractors to create general cooperation
between trades and facilitate expeditious progress of work.
8.1.9.
Confine workers, apparatus, the storage of materials, and operations of his workmen to
the limits indicated by law, ordinances, permits, or directions of the FM representative,
and not unreasonably encumber the premises with materials or equipment.
8.1.10. Coordinate and schedule in writing after verbal consultation no less than 3 business days
in advance with the City of Chandler or Roofers any required utility outage and switch-
over. Include in the advance notice (1) the date and time for the switch over to occur, (2)
estimated total time of the outage or switch over, (3) identify systems to be impacted by
the switch over, (4) identify the contractor performing the work. Any outages or
switchovers of utilities that may cause impact to the Facility being repaired and/or re-
roofed shall be required to be done when the building is not occupied. The site
coordinator will have the final approval of date and time of all outages.
8.1.11. Secure all materials and equipment on the site and ensure that no materials or
equipment are "point-load" on the roof. Materials shall be set on the roof using
insulation pads and/or plywood skids, so as not to puncture or deflect roof.
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8.1.12. Schedule site visits from manufacturers to approve roof decking and substrate prior to
installing roof, obtain from the roofing materials manufacturer a written approval of
decking and substrate, and provide to the City of Chandler a copy of the written
approvals.
8.1.13. Not allow the application of roofing materials during precipitation or at times before or
after anticipated precipitation to ensure that products are applied during manufacturer
recommended weather conditions. The Contractor shall take adequate and appropriate
precautions to ensure that materials, applied roofing, and building interiors are
protected from possible moisture damage or contamination.
8.1.14. Not apply cold adhesive if low outside temperatures might interfere with the proper
application of the cold adhesive products. Store cold adhesive products in a sufficiently
warm manner immediately prior to use. Use a shop squeegee to assist in an even
distribution of the adhesive (cut notches out of the rubber blade of the squeegee).
Suspend application in situations where the adhesive cannot be kept at temperatures
allowing for even distribution.
8.1.15. Protect newly applied roofing materials and adjacent surfaces from any staining or
mechanical damage.
8.1.16. Prevent access by the public to materials, tools, and equipment.
8.1.17. Complete, to the City’s full satisfaction, all job site clean-up including building interior,
exterior and landscaping where affected by the construction. Remove all debris daily
from the project site and take to a legal dumping area authorized to receive such
materials. At the conclusion of the project, clean the work site of rubbish, litter, and other
foreign substances, to include the use of a magnet around the entire roof and grounds
around building to collect all nails and metal debris. Sweep paved areas broom clean,
remove stains, spills and other foreign deposits.
8.1.18. Comply with regulations for safety standards for cleaning. Do not discharge volatile,
harmful or dangerous materials into drainage systems. Remove waste materials from
the site and dispose of in a lawful manner.
8.1.19. Coordinate with the City disposition of any extra, left-over material of value remaining
after completion of the work that shall become the City’s property.
8.1.20. Ensure the regular and periodic inspection, review, and approval by the City of Chandler
and by the appropriate manufacturer representatives of all phases of work requiring
such inspection.
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8.1.21. Correct, upon the direction of the City of Chandler or manufacturer representative, any
work or work-related condition, determined by any of the parties to require correction.
8.1.22. Deliver, store and handle products in accordance with the manufacturer’s
recommendations, using means and methods that will prevent damage, deterioration
and loss, including theft.
8.1.23. Coordinate delivery with installation time to ensure minimum holding time for items that
are flammable, hazardous, easily damaged, or sensitive to deterioration, theft and other
losses.
8.1.24. Deliver products to the site in the manufacturer’s original sealed container or other
packaging system, complete with labels and instructions for handling, storing, unpacking,
protecting and installing.
8.1.25. Inspect products upon delivery to ensure compliance with the Manufacturers’ Standards
and Requirements, and to ensure that products are undamaged and properly protected.
8.1.26. Comply with manufacturer’s instructions and recommendations for installation of
products in the applications indicated.
8.1.27. Request in advance from the City of Chandler electrical and water service for use during
the project for project-related requirements only. Electric and water costs shall be paid
by the City, however the Contractor shall pay for unanticipated or excessive water usage
as determined by the City of Chandler.
9. CITY’S RESPONSIBILITIES
9.1.
The City of Chandler will designate one or more Representatives to oversee Contractor work.
These City Representatives may be present during any roof projects, to perform certain
functions, assisting the Contractor as appropriate, monitoring Contractor performance, consult
with and be advised by manufacturer representatives, review, accept, or decline to accept the
work performed by the Contractor, and ensure overall contract compliance.
9.2.
The City of Chandler designated representative(s) shall:
9.2.1.
Serve as the primary City contact(s) for roof projects and repairs for buildings that are
the responsibility of their respective department. (Building & Facilities)
9.2.2.
Collaborate with the Contractor to develop roof project specifications
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9.2.3.
Coordinate on-site pre-project proposals and meet with the Contractor at the roof project
location/site on the specified date and time scheduled for commencement of project or
repair.
9.2.4.
Review, decline, or approve Roof Project proposals.
9.2.5.
Develop and submit Notices to Proceed for all work.
9.2.6.
Provide or coordinate Contractor access to work sites, buildings, yards, etc. to facilitate
the work, and resolve any unanticipated access issues. Assign as necessary facility access
keys as needed for access to the roofing sites and/or building facilities. Contractors will
bear a financial burden, should keys be lost during the construction of a job.
9.2.7.
Consult with the Contractor in advance and during the course of all roofing projects to
ensure the work progresses and is completed to the full satisfaction of the City.
9.2.8.
Consult with manufacturer representatives to verify proper product uses and
application.
9.2.9.
Conduct routine and periodic inspections at their convenience of the work of the
contractor at any time during the project.
9.2.10. Consider any recommendations or suggestions made by the Contractor during the
project regarding any aspect of the project that may deviate from the approved project
specifications or notice to proceed and approve or decline to approve any such
recommendations or suggestions.
9.2.11. Review, approve, or decline to accept work at any phase of the roof project, and direct
the Contractor to correct any deficient processes, products, applications, or other
Contractor actions.
9.2.12. Act as liaison with primary building contact to inform occupants of the work, minimize
disruption to public services or the work of building occupants, resolve problems,
respond to building occupant complaints, inform occupants of actions that may disrupt
the work of building occupants or interfere with public service (such as electrical
shutdown, etc.), and notify occupants of project completion.
9.2.13. Review, approve, or decline to approve the roofing project or repair in whole or in part.
9.2.14. Provide other assistance to the Contractor as necessary and appropriate to expedite the
project.
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10. EMPLOYEE REQUIREMENTS:
10.1. The Contractor shall designate a management or supervisory individual to act as Company
Representative who shall be responsible for and have authority to act in overseeing and
supervising Contractor Technician(s), be available at the request of the City to inspect work, meet
and discuss work, resolve performance issues, and to provide technical advice, consultation, or
input as requested by the City. The Company Representative shall be available at all times via
telephone and shall be able to respond within 48 hours to requests for meetings or consultation,
and within 2 hours to emergencies as determined by the FM Contract representative.
10.2. The Contractor shall ensure that all Contractor employees and personnel conduct themselves in
a professional manner, and maintain positive, open, respectful and constructive communication
with the FM, other City staff, and the public. The Contractor shall ensure that all employees wear
photo identification badges that clearly show the Contractor’s company name and the first and
last name of the employee. Contractor employees must wear these identification badges at all
times while on a City of Chandler job site.
10.3. Contractor shall provide portable restroom facilities for their workers, to be placed on-site as
directed by the City of Chandler if applicable
10.4. The Contractor shall ensure that all Contractor employees and personnel, while working at City
buildings or sites, or otherwise engaged in performing work for the City, are not under the
influence of alcohol, drugs or other intoxicants, do not engage in any illegal activities, and are not
in possession of weapons.
10.5. The Contractor shall immediately remove at the direction of the City of Chandler, or other City
staff, any of employee or worker from current and future assignment to work at City buildings or
sites in response to the City representatives' determination that the Contractor employee is
incompetent, abusive, disorderly, disrespectful, ineffective, inefficient, in possession of or under
the influence of intoxicants or narcotics, or in possession weapons. The City reserves the right
to have Contractor employees removed with the assistance of contract security or the
appropriate law enforcement agency.
11. OTHER REQUIREMENTS:
11.1. The Contractor shall be knowledgeable of, and obtain any and all licenses, permits, certifications
or other relevant documents and authorizations required to perform any work under this
contract, and provide evidence of such to the City of Chandler upon request.
11.2. The Contractor shall pay any and all taxes, charges and fees that are necessary or required.
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11.3. The Contractor shall provide workmanship that is of the highest professional and industry
standard by performing all work in strict accordance with any and all applicable codes, work
standards, manufacturer specifications, and any legal, regulatory or industry requirement or
standard.
11.4. The Contractor shall conduct work in strict adherence to all applicable professional and legal
safety standards and requirements, particularly any Occupational Safety and Health
Administration (OSHA) requirements.
12. MONITORING CONTRACTOR PERFORMANCE
12.1. The Contractor shall fully and at all times cooperate with the City of Chandler contract compliance
function to ensure that the City receives all contracted services and that the Contractor is paid
promptly and fully for work performed to the City's satisfaction.
12.2. The City of Chandler may utilize any or all of the following steps when monitoring Contractor
performance.
12.2.1. On-Site Monitoring: Conduct visual on-site work performance during all roofing projects,
through the use of observation, discussion, and technical consultation.
12.2.2. Inspection of Equipment, Parts, Materials, Supplies: Inspection or testing of any and all
equipment, parts, materials, supplies, or services provided by the Contractor to verify
contact compliance. Inspections may be done with the assistance of manufacturer
representatives.
12.2.3. Testing of Equipment: Conduct Independent testing, or have tested by an outside third
party, any equipment, parts, materials, supplies, installations, repairs, services to verify
equipment specification and performance.
12.2.4. Independent Inspection or Audit: Notwithstanding any other audit clause in this contract,
the City of Chandler may at any time conduct a review, inspection or audit of the
Contractor's performance related to any contract requirement, independent of any
contract compliance activities conducted by others.
12.3. The City of Chandler will attempt to resolve any contractual issues at the lowest possible level
using the following steps to document and correct performance issues. These steps will be
preliminary and in addition to any other standard contractual remedies.
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12.3.1. Informal Discussion: The City of Chandler shall attempt to promptly and informally
resolve non-critical contract performance issues at the first level through a discussion
with on-site Contractor technicians. Matters unresolved will be escalated to the City of
Chandler Management.
12.3.2. Reporting Deficient Performance to the Contractor: The City of Chandler Management
will contact Contractor, requesting follow-up action to resolve the performance matter.
The City of Chandler Management and Contractor may meet to discuss and resolve noted
instances of deficient contract performance. The purpose of this step is to informally but
promptly give the Contractor the opportunity to correct deficient performance.
12.3.3. Unresolved Performance Issues: Performance issues that have not been fully resolved
and corrected by the Contractor shall be referred to the City of Chandler Procurement
Department for remedy action.
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EXHIBIT B TO AGREEMENT
PRICING
MODIFIED BITUMINOUS ROOF
Units
Price
1
Repair general roof leak.
Per Sqft
$22.75
2
Install new vent thru roof.
Per Roof Vent
$499.00
3
Replace damaged plywood decking based on ½" CDX, minimum
16 square feet. Replace damaged rigid board roof insulation
based on 1" thick, minimum 16 square feet.
Per Sqft
$5.70
4
Replace standard roof edge flashing (4-inch edge with 4-inch
flange). Flashing shall be 22 gage-galvanized sheet metal
minimum length 10 foot.
Per Linear Foot
$44.00
5
Install new Unistrut utility pipe supports with roofing walking
pad at underside of support and clap pipe anchor.
Per Support
$157.50
SINGLE PLY-ROOF
Units
Price
1
Repair general roof leak. Standard service call, two hours
maximum.
Per Sqft
$23.00
2
Install new vent thru roof.
Per Roof Vent
$604.00
3
Replace damaged plywood decking. Based on ½" CDX, minimum
16 square feet.
Per Sqft
$5.68
4
Replace damaged metal decking. Standard "B" deck, minimum
24 square feet.
Per Sqft
$23.00
5
Replace damaged rigid board roof insulation. Based on 1" thick.
Per Sqft
$5.30
6
Replace standard roof edge flashing (4-inch edge with 4-inch
flange) Flashing shall be 22 gage galvanized sheet metal.
Minimum length 10 feet.
Per Linear Foot
$44.00
7
Replace standard parapet wall base and counter flashing with
continuous caulking bead at both flashing and counter flashing.
Flashing shall be 22 gage galvanized sheet metal set with screws
with neoprene gaskets, at 12 inches on center. Minimum length
10 feet.
Per Linear Foot
$30.00
8
Install new single ply roof wrap / flashing with single ply flange at
roof penetrations for electrical conduits, utility piping and steel
equipment supports. Flashings shall be per single ply roof
manufacturer's recommendation.
Per Pocket
$613.00
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9
Install new Unistrut utility pipe supports with roofing walking
pad at underside of support and clap pipe anchor.
Per Support
$158.00
STANDING SEAM METAL ROOF
Units
Price
1
Repair general roof leak - include base felt and resetting of
metal roof panels. Standard service call, two hours maximum.
Per Sqft
$26.50
2
Install new vent thru roof.
Per Roof Vent
$499.00
3
Replace damaged plywood decking. Based on ½" CDX, minimum
16 square feet.
Per Sqft
$5.69
4
Replace damaged metal decking. Standard "B" deck, minimum
24 square feet.
Per Sqft
$21.00
5
Replace damaged rigid board roof insulation. Based on 1" thick
minimum 16 square feet.
Per Sqft
$5.70
6
Replace standard roof edge flashing (4-inch edge with 4-inch
flange). Flashing shall be 22 gage galvanized sheet metal.
Minimum length 10 feet.
Per Linear
Foot
$44.00
7
Replace standard parapet wall base and counter flashing with
continuous caulking bead at both flashing and counter flashing.
Flashing shall be 22 gage galvanized sheet metal set with screws
with neoprene gaskets, at 12 inches on center. Minimum length
10 feet.
Per Linear
Foot
$30.00
8
Install new Unistrut utility pipe supports with roofing walking
pad at underside of support and clap pipe anchor
Per Support
$122.50
SHINGLED ROOF
Units
Price
1
Remove old shingles down to wood deck.
Per Sqft
$1.40
2
Replace damaged plywood decking based on 1/2-inch CDX
minimum 16 square feet.
Per Sqft
$5.25
3
Replace standard roof edging 4 x 4" 22 gauge minimum 10 linear
feet.
Per Sqft
$19.50
4
Install new# 15 felt paper and minimum 30-year shingles.
Per Sqft
$7.50
MOISTURE TESTING
Units
Price
1
Conduct moisture testing
$875.00
GENERAL PRICING AND MATERIALS
Units
Price
1
Hourly Rate - Normal hours*
Per Hour
$145.00
2
Hourly Rate - After normal hours
Per Hour
$217.50
3
Hourly Rate - Weekend
Per Hour
$217.50
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4
Hourly Rate - Holidays
Per Hour
$290.00
5
Hourly Rate - Emergency response - (respond within two hours
of notification)
Per Hour
$290.00
6
Materials mark-up percentage (Actual Cost Plus%)
Percentage
30%
7
Minimum Call Out Charge
Each
$790.00
TOTAL FOR ALL LINE ITEMS
$1950.00
*Normal hours are considered any 8-hour period between the hours of 6am and 5pm Monday through
Friday.
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EXHIBIT C TO AGREEMENT
INSURANCE
General.
A.
At the same time as execution of this Agreement, the Contractor shall furnish the City a
certificate of insurance on a standard insurance industry ACORD form. The ACORD form
must be issued by an insurance company authorized to transact business in the State of
Arizona possessing a current A.M. Best, Inc. rating of A-7, or better and legally authorized to
do business in the State of Arizona with policies and forms satisfactory to City. Provided,
however, the A.M. Best rating requirement shall not be deemed to apply to required Workers’
Compensation coverage.
B.
The Contractor and any of its subcontractors shall procure and maintain, until all of their
obligations have been discharged, including any warranty periods under this Agreement are
satisfied, the insurances set forth below.
C.
The insurance requirements set forth below are minimum requirements for this Agreement
and in no way limit the indemnity covenants contained in this Agreement.
D.
The City in no way warrants that the minimum insurance limits contained in this Agreement
are sufficient to protect Contractor from liabilities that might arise out of the performance
of the Agreement services under this Agreement by Contractor, its agents, representatives,
employees, subcontractors, and the Contractor is free to purchase any additional insurance
as may be determined necessary.
E.
Failure to demand evidence of full compliance with the insurance requirements in this
Agreement or failure to identify any insurance deficiency will not relieve the Contractor from,
nor will it be considered a waiver of its obligation to maintain the required insurance at all
times during the performance of this Agreement.
F.
Use of Subcontractors: If any work is subcontracted in any way, the Contractor shall execute
a written contract with Subcontractor containing the same Indemnification Clause and
Insurance Requirements as the City requires of the Contractor in this Agreement. The
Contractor is responsible for executing the Agreement with the Subcontractor and obtaining
Certificates of Insurance and verifying the insurance requirements.
Minimum Scope and Limits of Insurance. The Contractor shall provide coverage with limits of liability not
less than those stated below.
A.
Commercial General Liability-Occurrence Form. Contractor must maintain “occurrence” form
Commercial General Liability insurance with a limit of not less than $2,000,000 for each
occurrence, $4,000,000 aggregate. Said insurance must also include coverage for products
and completed operations, independent contractors, personal injury and advertising injury.
If any Excess insurance is utilized to fulfill the requirements of this paragraph, the Excess
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insurance must be “follow form” equal or broader in coverage scope than underlying
insurance.
B.
Automobile Liability-Any Auto or Owned, Hired and Non-Owned Vehicles
Vehicle Liability: Contractor must maintain Business/Automobile Liability insurance with a
limit of $1,000,000 each accident on Contractor owned, hired, and non-owned vehicles
assigned to or used in the performance of the Contractor’s work or services under this
Agreement. If any Excess or Umbrella insurance is utilized to fulfill the requirements of this
paragraph, the Excess or Umbrella insurance must be “follow form” equal or broader in
coverage scope than underlying insurance.
C.
Workers Compensation and Employers Liability Insurance: Contractor must maintain Workers
Compensation insurance to cover obligations imposed by federal and state statutes having
jurisdiction of Contractor employees engaged in the performance of work or services under
this Agreement and must also maintain Employers’ Liability insurance of not less than
$1,000,000 for each accident and $1,000,000 disease for each employee.
D.
Professional Liability. If the Agreement is the subject of any professional services or work
performed by the Contractor, or if the Contractor engages in any professional services or
work adjunct or residual to performing the work under this Agreement, the Contractor must
maintain Professional Liability insurance covering errors and omissions arising out of the
work or services performed by the Contractor, or anyone employed by the Contractor, or
anyone whose acts, mistakes, errors and omissions the Contractor 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 insurance policy is written on a “claims made” basis, coverage must extend for three
years past completion and acceptance of the work or services, and the Contractor, 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 three
year period.
E.
Builders’ Risk/Installation Floater Insurance. The Contractor bears all responsibility for loss to
all equipment or Work under construction. Unless waived in writing by the City the
Contractor will purchase and maintain in force Builders’ Risk/Installation Floater insurance
on the entire Work until completed and accepted by the City. This insurance will be Special
Causes of Loss policy form, (minimally including perils of fire, flood, lightning, explosion,
windstorm and hail, smoke, aircraft and vehicles, riot and civil commotion, theft, vandalism,
malicious mischief, and collapse), completed value, replacement cost policy form equal to
the contract price and all subsequent modifications. The Contractor’s Builders’
Risk/Installation Floater insurance must be primary and not contributory.
1. Builders’ Risk/Installation Floater insurance must cover the entire Work including
reasonable compensation for architects and Contractors’ services and expenses and
other “soft costs” made necessary by an insured loss. Builders’ Risk/Installation Floater
insurance must provide coverage from the time any covered property comes under the
Contractor’s control and or responsibility, and continue without interruption during
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course of construction, renovation and or installation, including any time during which
any project property or equipment is in transit, off site, or while on site for future use or
installation. Insured property must include, but not be limited to, scaffolding, false work,
and temporary buildings at the site. This insurance must also cover the cost of removing
debris, including demolition as may be legally required by operation of any law,
ordinance, regulation or code.
2. The Contractor must also purchase and maintain Boiler and Machinery insurance with
the same requirements as Builders’ Risk/Installation Floater insurance cited above if the
Work to be performed involves any exposures or insurable property normally covered
under a Boiler and Machinery insurance policy or made necessary as required by law or
testing requirements in the performance of this Contract/Agreement. The Contractor will
be responsible for any and all deductibles under these policies and the Contractor waives
all rights of recovery and subrogation against the City under the Contractor’s Builders’
Risk/Installation Floater insurance described herein.
3. Builders’ Risk/Installation Floater Insurance must be maintained until whichever of the
following first occurs: (i) final payment has been made; or, (ii) until no person or entity,
other than the City, has an insurable interest in the property required to be covered.
a. The Builders’ Risk/Installation Floater insurance must be endorsed so that the
insurance will not be canceled or lapse because of any partial use or occupancy by
the City.
b. The Builders Risk/Installation Floater insurance must include as named insureds, the
City, the Contractor, and all tiers of subcontractors and others with an insurable
interest in the Work who will be named as additional insureds unless they are able to
provide the same level of coverage with the City and Contractor named as additional
insureds. Certificates must contain a provision that the insurance will not be canceled
or materially altered without at least 30 days advance notice to the City. The City must
also be named as a Loss Payee under the Builders’ Risk/Installation Floater coverage.
c. The Builders Risk/Installation Floater insurance must be written using the Special
Causes of Loss policy form, replacement cost basis.
d. All rights of subrogation under the Builders Risk/Installation Floater insurance are, by
this Contract/Agreement, waived against the City, its officers, officials, agents and
employees.
e. The Contractor is responsible for payment of all deductibles under the Builders’
Risk/Installation Floater insurance policy.
Additional Policy Provisions Required.
A. Self-Insured Retentions or Deductibles. Any self-insured retentions and deductibles must be
declared and approved by the City. If not approved, the City may require that the insurer reduce
or eliminate any deductible or self-insured retentions with respect to the City, its officers,
officials, agents, employees, and volunteers.
1. The Contractor’s insurance must contain broad form contractual liability coverage.
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2. The Contractor's insurance coverage must be primary insurance with respect to the City,
its officers, officials, agents, and employees. Any insurance or self-insurance maintained
by the City, its officers, officials, agents, and employees shall be in excess of the coverage
provided by the Contractor and must not contribute to it.
3. The Contractor's insurance must apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
4. Coverage provided by the Contractor must not be limited to the liability assumed under
the indemnification provisions of this Agreement.
5. The policies must contain a severability of interest clause and waiver of subrogation
against the City, its officers, officials, agents, and employees, for losses arising from Work
performed by the Contractor for the City.
6. The Contractor, its successors and or assigns, are required to maintain Commercial
General Liability insurance as specified in this Agreement for a minimum period of three
years following completion and acceptance of the Work. The Contractor must submit a
Certificate of Insurance evidencing Commercial General Liability insurance during this
three year period containing all the Agreement insurance requirements, including
naming the City of Chandler, its agents, representatives, officers, directors, officials and
employees as Additional Insured as required.
7. If a Certificate of Insurance is submitted as verification of coverage, the City will
reasonably rely upon the Certificate of Insurance as evidence of coverage but this
acceptance and reliance will not waive or alter in any way the insurance requirements or
obligations of this Agreement.
B.
Insurance Cancellation During Term of Contract/Agreement.
1. If any of the required policies expire during the life of this Contract/Agreement, the
Contractor must forward renewal or replacement Certificates to the City within ten days
after the renewal date containing all the required insurance provisions.
2. Each insurance policy required by the insurance provisions of this Contract/Agreement
shall provide the required coverage and shall not be suspended, voided or canceled
except after 30 days prior written notice has been given to the City, except when
cancellation is for non-payment of premium, then ten days prior notice may be given.
Such notice shall be sent directly to Chandler Law-Risk Management Department, Post
Office Box 4008, Mailstop 628, Chandler, Arizona 85225. If any insurance company
refuses to provide the required notice, the Contractor or its insurance broker shall notify
the City of any cancellation, suspension, non-renewal of any insurance within seven days
of receipt of insurers’ notification to that effect.
A.
City as Additional Insured. The policies are to contain, or be endorsed to contain, the
following provisions:
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1. The Commercial General Liability and Automobile Liability policies are to contain, or be
endorsed to contain, the following provisions: The City, its officers, officials, agents, and
employees are additional insureds with respect to liability arising out of activities
performed by, or on behalf of, the Contractor including the City's general supervision of
the Contractor; Products and Completed operations of the Contractor; and automobiles
owned, leased, hired, or borrowed by the Contractor.
2. The City, its officers, officials, agents, and employees must be additional insureds to the
full limits of liability purchased by the Contractor even if those limits of liability are in
excess of those required by this Agreement.
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EXHIBIT D TO AGREEMENT
SPECIAL CONDITIONS
ACCESS TO SECURED FACILITIES
Contract Worker Access Controls, Badge and Key Access Requirements. A Contract Worker shall not be
allowed to begin work in any City facility without: (A) The prior completion and the City's acceptance of the
required background screening; and (B) when required, the Contract Worker's receipt of a City issued
badge. A badge will be issued to a Contract Worker solely for access to the City facility(s) to which the
Contract Worker is assigned. Each Contract Worker who enters a City facility must use the badge issued to
the Contract Worker. Any and all fees associated with security badging will be assessed in compliance with
Chandler City Code §4-22.
Key Access Procedures. If the Contract Worker's services require keyed access to enter a City facility(s), a
separate key issue/return form must be completed and submitted by Contractor for each key issued.
Stolen or Lost Badges or Keys. Contractor shall report lost or stolen badges or keys to the City immediately.
A new badge application or key issue form shall be completed and submitted along with payment of the
applicable fees prior to issuance of a new badge or key.
Return of Badges or Keys. All badges and keys are the property of the City and must be returned to the City
within one business day of when the Contract Worker's access to a City facility is no longer required to
furnish the services under this Agreement. Contractor shall collect a Contract Worker's badge and key(s)
upon the termination of the Contract Worker's employment; when the Contract Worker's services are no
longer required at the particular City facility(s); or upon termination, cancellation or expiration of this
Agreement.
Contractor's default under this Section shall include, but is not limited to the following: (1) Contract Worker
gains access to a City facility(s) without the proper badge or key; (2) Contract Worker uses a badge or key
of another to gain access to a City facility; (3) Contract Worker commences services under this Agreement
without the proper badge, key or Background Screening; (4) Contract Worker or Contractor submits false
information or negligently submits wrong information to the City to obtain a badge, key or applicable
Background Screening; or (5) Contractor fails to collect and timely return Contract Worker's badge or key
upon termination of Contract Worker's employment, reassignment of Contract Worker to another City
facility or upon the expiration, cancellation or termination of this Agreement. Contractor acknowledges
and agrees that the access control, badge and key requirements in this Section are necessary to preserve
and protect public health, safety and welfare. Accordingly, Contractor agrees to properly cure any default
under this Section within three business days from the date notice of default is sent by the City. The parties
agree that Contractor's failure to properly cure any default under this Section shall constitute a breach of
this Section. In addition to any other remedy available to the City at law or in equity, Contractor shall be
liable for and shall pay to the City the sum of $1,000.00 for each breach by Contractor of this Section. The
parties further agree that the sum fixed above is reasonable and approximates the actual or anticipated
loss to the City at the time and making of this Agreement in the event that Contractor breaches this Section.
Further, the parties expressly acknowledge and agree to the fixed sum set forth above because of the
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difficulty of proving the City's actual damages in the event that Contractor breaches this Section. The parties
further agree that three breaches by Contractor of this Section arising out of any default within a
consecutive period of three months or three breaches by Contractor of this Section arising out of the same
default within a period of 12 consecutive months shall constitute a material breach of this Agreement by
Contractor and the City expressly reserves all of its rights, remedies and interests under this Agreement,
at law and in equity including, but not limited to, termination of this Agreement.
1. Contractor and Subcontractor Worker Background Screening. Contractor agrees that all
contract workers and subcontractors (collectively "Contract Worker(s)") that Contractor furnishes
to City under this Agreement will be subject to background and security checks and screening as
set forth in this Section (collectively "Background Screening") at Contractor’s sole cost and expense.
As part of the Background Screening, Contractor must provide to a person designated by the City
the name(s), address(es), and phone number(s) of all Contract Workers who will provide any
services under this Agreement. All Contract Workers must comply with these Background
Screening requirements. All Contract Workers must be able to provide proof of the legal right to
work in the United States. The Background Screening provided by Contractor must comply with all
applicable laws, rules, and regulations. Contractor further agrees that the Background Screening
required in this Section is necessary to preserve and protect public health, safety, and welfare. The
Background Screening requirements set forth in this Section are the minimum requirements for
this Agreement. City in no way warrants that these minimum requirements are sufficient to protect
Contractor from any liabilities that may arise out of Contractor’s services under this Agreement or
Contractor’s failure to comply with this Section. Therefore, in addition to the specific measures set
forth below, Contractor and its Contract Workers must take such other reasonable, prudent, and
necessary measures to further preserve and protect public health, safety, and welfare when
providing services under this Agreement.
2. Background Screening Requirements and Criteria. Before offering or scheduling any services
under this Agreement, Contractor agrees that all Contract Workers, including the Contractor, if the
Contractor is an individual or sole proprietorship, must have successfully passed a Background
Screening in accordance with this Section. Contractor warrants that no person will be permitted
to substitute for a Contract Worker who has satisfied the Background Screening requirements until
the proposed substitute has also satisfied the Background Screening requirements in this Section.
For review and approval, Contractor must submit to a person designated by the City proof of a
completed Background Screening for each Contract Worker over the age of 18 performing services
under this Agreement no fewer than two (2) weeks before the proposed start date of such Contract
Worker’s services. The Background Screening must have been completed within the 12-month
period preceding the Contract Worker’s start date under this Agreement and must include the
results of a national criminal databased check with source verification, and a sex offender
database search.
3. Additional City Rights Regarding Security Inquiries. In addition to the foregoing, City reserves
the rights but not the obligations to: (1) have a Contract Worker be required to provide fingerprints
and execute such other documentation as may be necessary to obtain criminal justice information
pursuant to A.R.S. § 41-1750(G)(4); (2) act on newly acquired information whether or not such
Docusign Envelope ID: 17F9FFC6-CAE2-4F39-8BB6-5C1C7237FA46
information should have been previously discovered; (3) unilaterally change its standards and
criteria relative to the acceptability of Contract Workers; and (4) object, at any time and for any
reason, to a Contract Worker performing work (including supervision and oversight) under this
Agreement.
4. Contractor Certification. By executing this Agreement, Contractor certifies that Contractor has
read and understands the Background Screening requirements and criteria in this Section and will
fully comply with such requirements. Contractor further certifies that any Background Screening
information to be furnished to City related to Contractor or its Contract Workers will be complete,
current, and accurate. A Contract Worker rejected for work under this Agreement will not be
proposed to perform work under other City contracts or engagements without City's prior written
approval.
5. Terms of This Section Applicable to all of Contractor’s Contracts and Subcontracts.
Contractor must include the terms of this Section for Contract Worker Background Screening in all
contracts and subcontracts for services furnished under this Agreement including, but not limited
to, supervision and oversight services.
6. Materiality of Background Screening Requirements: Indemnity. The Background Screening
requirements of this Section are material to City's entry into this Agreement and any breach of this
Section by Contractor will be deemed a material breach of this Agreement. In addition to the
indemnity provisions set forth in this Agreement, Contractor must defend, indemnify, and hold
harmless City for any and all Claims arising out of this Background Screening Section including,
but not limited to, the disqualification of a Contract Worker by Contractor or City for failure to
satisfy this Section.
7. Continuing Duty, Audit. Contractor’s obligations and requirements that Contract Workers satisfy
this Background Screening Section will continue throughout the entire term of this Agreement.
Contractor must notify City immediately of any change to a Background Screening of a Contract
Worker previously accepted by City. Contractor must maintain all records and documents related
to all Background Screenings and City reserves the right to audit Contractor’s compliance with this
Section under the terms of this Agreement.
Docusign Envelope ID: 17F9FFC6-CAE2-4F39-8BB6-5C1C7237FA46
EXHIBIT E
HOT WORK PERMIT
Date:
Location:
Nature of Work:
Equipment
Name:
Permit Expires (within 24 hrs.) Time:
PRECAUTIONS:
Yes
No
N/A
Fire Sprinklers in service
_____ _____ _____
Cutting/welding equipment in good repair
_____ _____ _____
Fire Extinguisher on hand
_____ _____ _____
PRECAUTIONS WITHIN 35' OF WORK:
Floors free of combustibles
_____ _____ _____
Combustible floors protected
_____ _____ _____
Flammable liquids removed or protected
_____ _____ _____
Explosive atmosphere in area eliminated
_____ _____ _____
All walls and floors opening covered
_____ _____ _____
Fire resistant coverings under work
_____ _____ _____
WORK ON WALLS, CEILINGS OR FLOORS:
Construction is non-combustible
_____ _____ _____
Combustibles moved away from other side of the wall
_____ _____ _____
WORK ON ENCLOSED EQUIPMENT:
Enclosed equipment cleared of all combustibles
_____ _____ _____
Containers purged of flammable/combustible liquids and gases
_____ _____ _____
FIRE WATCH:
Fire watch will be maintained during and for at least 30 minutes after completion
_____ _____ _____
Fire watcher is trained in use of this equipment and in sounding alarm
_____ _____ _____
Fire watcher is supplied with appropriate fire extinguisher
_____ _____ _____
Fire watcher checks affected, adjacent rooms
_____ _____ _____
*Applicable items must be answered "yes" (or N/A) before permit is approved.
External Contractor: Project/Number:
Project Coordinator:
Contractor Company Name:
Contractor Employee Rep.:
Approval
Supervisor:
Signature:
Contact Number:
Permit must be posted at jobsite
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EXHIBIT F
Hot Work Permit Procedure
A hot work permit is required in advance of any work requiring heat or open flame to complete within a
city facility. Hot work procedures include welding, torch cutting, grinding, brazing, flame soldering, hot tar
projects, portable gas procedures and other work where there is potential for fire.
The Hot work Permit form will be filled out after analysis of hot work area is done. It is then reviewed by
the supervisor to ensure the proper precautions have been documented on the Hot Work Permit. The
permit is then posted adjacent to the work area and when the job is completed it removed and the
supervisor retains the permit for a period of one year.
Jobs will be terminated when they are outside of the constraints and procedures indicated on the Hot Work
Permit. The permit will maintained in effect during the time a fire watch is required.
Other issues that may need to be considered include:
1) Whether or not it is a confined space (see “confined space permit”)
2) Whether shielding (e.g., UV rays, sparks) to protect workers other than the welder is needed
3) PPE for welder such as proper welding hood, gloves, chaps, etc.
4) How fire alarm and suppression systems will be handled (e.g., minimizing false alarms while
maintaining maximum fire protection)
Docusign Envelope ID: 17F9FFC6-CAE2-4F39-8BB6-5C1C7237FA46
EXHIBIT G
PERFORMANCE BOND
STATUTORY PERFORMANCE BOND PURSUANT TO
TITLE 34, CHAPTER 2, ARTICLE 2,
OF THE ARIZONA REVISED STATUTES
(Penalty of this bond must be 100% of the Bond amount)
KNOW ALL MEN BY THESE PRESENTS:
That,
(hereinafter called the Principal), as Principal, and
a corporation organized and existing under the law of the State of
with its principal office in
the City of
, (hereinafter called the Surety), as Surety, are held and firmly bound unto the City of
Chandler, County of Maricopa, State of Arizona, in the amount of
Dollars
($
), for the payment whereof, the said Principal and Surety bind themselves, and their heirs,
administrators, executors, successors and assigns, jointly and severely, firmly by these presents.
WHEREAS, the Principal has entered into a certain written Contract with the City of Chandler, Dated the ________ day of
, _______, for ROOFING REPAIRS AND MAINTENANCE, BF5-910-4893, which Contract is hereby
referred to and made a part hereof as fully and to the same extent as if copies at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully
perform and fulfill all the undertakings, covenants terms, conditions, and agreements of said contract during the original term of
said Contract and any extensions thereof, with or without notice to the Surety, and during the life of any warranty required under
the contract, and shall also perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all
duly authorized modifications of conditions of said Contract that may hereafter be made, notice of which modifications to the
Surety being hereby waived; then the above obligations shall be void, otherwise to remain in full force and effect.
PROVIDED, HOWEVER that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2 of the
Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of said Title,
Chapter and Article, to the extent as if it were copied at length herein.
The prevailing party in a suit on this bond shall be entitled to such reasonable attorney's fees as may be fixed by a
judge of the Court.
Witness our hands this ____ day of
, 2025.
PRINCIPAL
SEAL
AGENT OF RECORD
BY
SURETY
SEAL
AGENT ADDRESS
Docusign Envelope ID: 17F9FFC6-CAE2-4F39-8BB6-5C1C7237FA46