Agreement

City of Chandler — Study Session (2025-12-08)

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City Clerk Document No.
City Council Meeting Date:
CITY OF CHANDLER SERVICES AGREEMENT
AIRPORT WATER RECLAMATION FACILITY CANOPY COATING REPAIR
CITY OF CHANDLER AGREEMENT NO. PW5-910-4948
THIS AGREEMENT (Agreement) is made and entered into by and between the City of Chandler, an
Arizona municipal corporation (City), and Penington Painting Company, LLC, an Arizona Limited
Liability Company (Contractor), (City and Contractor may individually be referred to as Party and
collectively referred to as Parties) and made

, 2025 (Effective Date).
RECITALS
A. City proposes to contract for canopy coating repairs as more fully described in Exhibit A, which
is attached to and made a part of this Agreement by this reference.
B. Contractor is ready, willing, and able to provide the services described in Exhibit A for the
compensation and fees set forth and as described in Exhibit B, which is attached to and made a
part of this Agreement by this reference.
C. City desires to contract with the Contractor to provide these services under the terms and
conditions set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and the mutual promises contained in this
Agreement, City and Contractor agree as follows:
SECTION I: DEFINITIONS
For purposes of this Agreement, the following definitions apply:
Agreement means the legal agreement executed between the City and the Contractor
City means the City of Chandler, Arizona
Contractor means the individual, partnership, orcorporation named in the Agreement
Days means calendar days
May, Should means something that is not mandatory but permissible
Shall, Will, Must means a mandatory requirement

SECTION II: CONTRACTOR’S SERVICES
Contractor must perform the services described in Exhibit A to the City’s satisfaction within the
terms and conditions of this Agreement and within the care and skill that a person who provides
similar services in Chandler, Arizona exercises under similar conditions. All work or services
furnished by Contractor under this Agreement must be performed in a skilled and workmanlike
manner. Unless authorized by the City in writing, all fixtures, furnishings, and equipment
furnished by Contractor as part of the work or services under this Agreement must be new, or the
latest model, and of the most suitable grade and quality for the intended purpose of the work or
service.
SECTION III: PERIOD OF SERVICE
Contractor must perform the services described in Exhibit A for the term of this Agreement.
Following execution of this Agreement by City, the Contractor will immediately commence work
and will complete all services described within 365 calendar days from the date the Contractor is
notified to proceed.
SECTION lV: PAYMENT OF COMPENSATION AND FEES
4.1 Unless amended in writing by the Parties, Contractor's compensation and fees as more fully
described in Exhibit B for performance of the services approved and accepted by the City under
this Agreement must not exceed $4,2
. Contractor must submit requests for payment for
services approved and accepted during the previous billing period and must include, as applicable,
detailed invoices and receipts, a narrative description of the tasks accomplished during the
billing period, a list of any deliverables submitted, and any subcontractor’s or supplier’s actual
requests for payment plus similar narrative and listing of their work. Payment for those services
negotiated as a lump sum will be made in accordance with the percentage of the work
completed during the preceding billing period. Services negotiated as a not-to-exceed fee will be
paid in accordance with the work completed on the service during the preceding month. All
requests for payment must be submitted to the City for review and approval. The City will
make payment for approved and accepted services within 30 days of the City’s receipt of the
request for payment.
4.2 Applicable Taxes. The Contractor will pay all applicable taxes. The City is subject to all
applicable state and local transaction privilege taxes. To the extent any state and local
transaction privilege taxes apply to sales made under the terms of this Agreement, it is the
responsibility of the Contractor to collect and remit all applicable taxes to the proper
taxing jurisdiction of authority.
4.3 Tax Indemnification. The Contractor and all subcontractors will pay all Federal, state, and
local taxes applicable to its operation and any persons employed by the Contractor. The
Contractor will and require all subcontractors to hold the City harmless from any
responsibility for taxes, damages, and interest, if applicable, contributions required under
Federal, state, and local laws and regulations and any other costs including transaction
privilege
taxes,
unemployment
compensation insurance, Social Security, and Worker’s
Compensation.
4.4 All prices offered herein shall be firm against any increase for the initial term of the
Agreement. Prior to commencement of subsequent renewal terms, the City may approve a
fully
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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 services
under this Agreement. The City, its authorized representative, or any federal agency, reserves the
right to audit Contractor's records to verify the accuracy and appropriateness of all cost and
pricing data, including data used to negotiate this Agreement and any amendments. The City
reserves the right to decrease the total amount of Agreement price or payments made under this
Agreement or request reimbursement from the Contractor following final contract payment on
this Agreement if, upon audit of the Contractor's records, the audit discloses the Contractor has
provided false, misleading, or inaccurate cost and pricing data. The Contractor will include a
similar provision in all of its contracts with subcontractors providing services under the Agreement
Documents to ensure that the City, its authorized representative, or the appropriate federal
agency, has access to the subcontractors’ records to verify the accuracy of all cost and pricing
data. The City reserves the right to decrease Contract price or payments made on this Agreement
or request reimbursement from the Contractor following final payment on this Agreement if the
above provision is not included in subcontractor agreements, and one or more subcontractors
refuse to allow the City to audit their records to verify the accuracy and appropriateness of all cost
and pricing data. If, following an audit of this Agreement, the audit discloses the Contractor has
provided false, misleading, or inaccurate cost and pricing data, and the cost discrepancies exceed
1% of the total Agreement billings, the Contractor will be liable for reimbursement of the
reasonable, actual cost of the audit.

5.2 Alteration in Character of Work. Whenever an alteration in the character of work results in a
substantial change in this Agreement, thereby materially increasing or decreasing the scope of
services, cost of performance, or Project schedule, the work will be performed as directed by the
City. However, before any modified work is started, a written amendment must be approved and
executed by the City and the Contractor. Such amendment must not be effective until approved
by the City. Additions to, modifications, or deletions from this Agreement as provided herein may
be made, and the compensation to be paid to the Contractor may accordingly be adjusted by
mutual agreement of the Parties. It is distinctly understood and agreed that no claim for extra
work done or materials furnished by the Contractor will be allowed by the City except as provided
herein, nor must the Contractor do any work or furnish any materials not covered by this
Agreement unless such work is first authorized in writing. Any such work or materials furnished by
the Contractor without prior written authorization will be at Contractor's own risk, cost, and
expense, and Contractor hereby agrees that without written authorization Contractor will make no
claim for compensation for such work or materials furnished.

5.3 Termination for Convenience. The City and the Contractor hereby agree to the full
performance of the covenants contained herein, except that the City reserves the right, at its

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discretion and without cause, to terminate or abandon any service provided for in this
Agreement, or abandon any portion of the Project for which services have been performed by
the Contractor. In the event the City abandons or suspends the services, or any part of the
services as provided in this Agreement, the City will notify the Contractor in writing and
immediately after receiving such notice, the Contractor must discontinue advancing the work
specified under this Agreement. Upon such termination, abandonment, or suspension, the
Contractor must deliver to the City all drawings, plans, specifications, special provisions,
estimates and other work entirely or partially completed, together with all unused materials
supplied by the City. The Contractor must appraise the work Contractor has completed and
submit Contractor's appraisal to the City for evaluation. The City may inspect the Contractor's
work to appraise the work completed. The Contractor will receive compensation in full for
services performed to the date of such termination. The fee shall be paid in accordance with
Section IV of this Agreement, and as mutually agreed upon by the Contractor and the City. If
there is no mutual agreement on payment, the final determination will be made in
accordance with the Disputes provision in this Agreement. However, in no event may the
payment exceed the payment set forth in this Agreement nor as amended in accordance with
Alteration in Character of Work. The City will make the final payment within 60 days after the
Contractor has delivered the last of the partially completed items and the Parties agree on
the final payment. If the City is found to have improperly terminated the Agreement for cause
or default, the termination will be converted to a termination for convenience in accordance
with the provisions of this Agreement.
5.4 Termination for Cause. The City may terminate this Agreement for Cause upon the occurrence
of any one or more of the following events: in the event that (a) the Contractor fails to perform
pursuant to the terms of this Agreement, (b) the Contractor is adjudged a bankrupt or insolvent,
(c) the Contractor makes a general assignment for the benefit of creditors, (d) a trustee or receiver
is appointed for Contractor or for any of Contractor’s property (e) the Contractor files a petition to
take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, (f) the
Contractor disregards laws, ordinances, rules, regulations or orders of any public body having
jurisdiction, or (g) the Contractor fails to cure default within the time requested. Where Agreement
has been so terminated by City, the termination will not affect any rights of City against Contractor
then existing or which may thereafter accrue.

5.5 Indemnification. The Contractor (lndemnitor) must indemnify, defend, save and hold
harmless the City and its officers, officials, agents and employees (lndemnitee) from any and
all claims, actions, liabilities, damages, losses or expenses (including court costs, attorneys'
fees and costs of claim processing, investigation and litigation) (Claims) caused or alleged to
be caused, in whole or in part, by the wrongful, negligent or willful acts, or errors or
omissions of the Contractor or any of its owners, officers, directors, agents, employees, or
subcontractors in connection with this Agreement. This indemnity includes any claim or
amount arising out of or recovered under workers' compensation law or on account of the
failure of the Contractor to conform to any federal, state or local law, statute, ordinance, rule,
regulation or court decree. The Contractor must indemnify lndemnitee from and against any
and all Claims, except those arising solely from lndemnitee's own negligent or willful acts or
omissions. The Contractor is responsible for primary loss investigation, defense and
judgment costs where this indemnification applies. In consideration of the award of this
Agreement, the Contractor agrees to waive all rights of subrogation against lndemnitee for
losses arising from or related to this Agreement. The obligations of the Contractor under this
provision survive the termination or expiration of this Agreement.

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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: Raquel McMahon Name: Gary DeShaw
Title: Procurement Officer Title: Project Manager
Address: 175 S. Arizona Ave. Address: 6313 W. Commonwealth Place
Chandler, AZ 85225 Chandler, AZ 85226
Phone: 480-782-2400 Phone: 206-930-3139
Email: raquel.mcmahon@chandleraz.gov Email: garyd@teamppc.com

5.9 Successors and Assigns. City and Contractor each bind itself, its partners, successors,
assigns, and legal representatives to the other party to this Agreement and to the partners,
successors, assigns, and legal representatives of such other party in respect to all covenants
of this Agreement. Neither the City nor the Contractor may assign, sublet, or transfer its
interest in this Agreement without the written consent of the other party. In no event may
any contractual relation be created between any third party and the City.

5.10 Disputes. In any dispute arising out of an interpretation of this Agreement or the duties
required not disposed of by agreement between the Contractor and the City, the final
determination at the administrative level will be made by the City Purchasing and Materials
Manager.

5.11 Completeness and Accuracy of Contractor's Work. The Contractor must be responsible
for the completeness and accuracy of Contractor's services, data, and other work prepared or
compiled under Contractor's obligation under this Agreement and must correct, at

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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 performing services prescribed in
the Agreement. The City may acknowledge its acceptance of such personnel to perform
services under this Agreement. At any time hereafter that the Contractor desires to change
key personnel while performing under the Agreement, the Contractor must submit the
qualifications of the new personnel to the City for prior approval. The Contractor will maintain
an adequate and competent staff of qualified persons, as may be determined by the City,
throughout the performance of this Agreement to ensure acceptable and timely completion
of the Scope of Services. If the City objects, with reasonable cause, to any of the Contractor's
staff, the Contractor must take prompt corrective action acceptable to the City and, if
required, remove such personnel from the Project and replace with new personnel agreed to
by the City.

5.16 Subcontractors. Prior to beginning the work, the Contractor must furnish the City for
approval the names of subcontractors to be used under this Agreement. Any subsequent
changes are subject to the City’s written prior approval.

5.17 Force Majeure. If either party is delayed or prevented from the performance of any act
required under this Agreement by reason of acts of God or other cause beyond the control
and without fault of the Party (financial inability excepted), performance of that act may be
excused, but only for the period of the delay, if the Party provides written notice to the other
Party within ten days of such act. The time for performance of the act may be extended for a
period equivalent to the period of delay from the date written notice is received by the other
Party.

5.18 Compliance with Laws. Contractor understands, acknowledges, and agrees to comply
with the Americans with Disabilities Act, the Immigration Reform and Control Act of 1986 and
the Drug Free Workplace Act of 1989. All services performed by Contractor must also comply

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with all applicable City of Chandler codes, ordinances, and requirements. Contractor agrees
to permit the City to verify Contractor’s compliance.

5.19 No Israel Boycott. By entering into this Agreement, Contractor certifies that Contractor is
not currently engaged in, and agrees for the duration of the Agreement, not to engage in a
boycott of Israel as defined by state statute.

5.20 Legal Worker Requirements. A.R.S. § 41-4401 prohibits the City from awarding a contract
to any contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A).
Therefore, Contractor agrees Contractor and each subcontractor it uses warrants their
compliance with all federal immigration laws and regulations that relate to their employees
and their compliance with§ 23-214, subsection A. A breach of this warranty will be deemed a
material breach of the Agreement and may be subject to penalties up to and including
termination of the Agreement. City retains the legal right to inspect the papers of any
Contractor’s or subcontractor’s employee who provides services under this Agreement to
ensure that the Contractor and subcontractors comply with the warranty under this
provision.

5.21 Lawful Presence Requirement. A.R.S. §§ 1-501 and 1-502 prohibit the City from awarding
a contract to any natural person who cannot establish that such person is lawfully present in
the United States. To establish lawful presence, a person must produce qualifying
identification and sign a City-provided affidavit affirming that the identification provided is
genuine. This requirement will be imposed at the time of contract award. This requirement
does not apply to business organizations such as corporations, partnerships, or limited
liability companies.

5.22 Forced Labor of Ethnic Uyghurs Prohibited. By entering into this Agreement, Contractor
certifies and agrees Contractor does not currently use and will not use for the term of this
Agreement: (i) the forced labor of ethnic Uyghurs in the People's Republic of China; or (ii) any
goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of
China; or (iii) any contractors, subcontractors or suppliers that use the forced labor or any
goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of
China.

5.23 Covenant Against Contingent Fees. Contractor warrants that no person has been
employed or retained to solicit or secure this Agreement upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee, and that no
member of the Chandler City Council, or any City employee has any interest, financially, or
otherwise, in Contractor’s firm. For breach or violation of this warrant, the City may annul this
Agreement without liability or, at its discretion, to deduct from the Agreement price or
consideration, the full amount of such commission, percentage, brokerage, or contingent fee.

5.24 Non-Waiver Provision. The failure of either Party to enforce any of the provisions of this
Agreement or to require performance of the other Party of any of the provisions hereof must
not be construed to be a waiver of such provisions, nor must it affect the validity of this
Agreement or any part thereof, or the right of either Party to thereafter enforce each and
every provision.

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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 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,

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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.

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

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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 Delivery. All prices are F.O.B. Destination and include all delivery and unloading at the
specified destinations. The Contractor will retain title and control of all goods until they are
delivered and accepted by the City. All risk of transportation and all related charges will be
the responsibility of the Contractor. All claims for visible or concealed damage will be filed by
the Contractor. The City will notify the Contractor promptly of any damaged goods and will
assist the Contractor in arranging for inspection.

5.36 Third Party Beneficiary. Nothing under this Agreement will be construed to give any
rights or benefits in the Agreement to anyone other than the City and the Contractor, and all
duties and responsibilities undertaken pursuant to this Agreement will be for the sole and
exclusive benefit of City and the Contractor and not for the benefit of any other party.

5.37 Conflict in Language. All work performed must conform to all applicable City of Chandler
codes, ordinances, and requirements as outlined in this Agreement. If there is a conflict in
interpretation between provisions in this Agreement and those in the Exhibits, the provisions
in this Agreement prevail.

5.38 Document/Information Release. Documents and materials released to the Contractor,
which are identified by the City as sensitive and confidential, are the City’s property. The
document/material must be issued by and returned to the City upon completion of the
services under this Agreement. Contractor’s secondary distribution, disclosure, copying, or
duplication in any manner is prohibited without the City’s prior written approval. The
document/material must be kept secure at all times. This directive applies to all City
documents, whether in photographic, printed, or electronic data format.

5.39 Exhibits. The following exhibits are made a part of this Agreement and are incorporated
by reference:

Exhibit A - Project Description/Scope of Services

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Exhibit B - Compensation and Fees
Exhibit C - Insurance Requirements
Exhibit D - Special Conditions
Exhibit E – Site Map

5.40 Special Conditions. As part of the services Contractor provides under this Agreement,
Contractor agrees to comply with and fully perform the special terms and conditions set forth
in Exhibit D, which is attached to and made a part of this Agreement.

5.41 Cooperative Use of Agreement. In addition to the City of Chandler and with approval of
the Contractor, this Agreement may be extended for use by other municipalities, school
districts and government agencies of the State. Any such usage by other entities must be in
accordance with the ordinance, charter and/or procurement rules and regulations of the
respective political entity.

If required to provide services on a school district property at least five times during a month,
the Contractor will submit a full set of fingerprints to the school of each person or employee
who may provide such service. The District will conduct a fingerprint check in accordance
with A.R.S. 41-1750 and Public Law 92-544 of all Contractors, subcontractors or vendors and
their employees for which fingerprints are submitted to the District. Additionally, the
Contractor will comply with the governing body fingerprinting policies of each individual
school district/public entity. The Contractor, sub-contractors, vendors and their employees
will not provide services on school district properties until authorized by the District.

Orders placed by other agencies and payment thereof will be the sole responsibility of that
agency. The City will not be responsible for any disputes arising out of transactions made by
other agencies who utilize this Agreement.

5.42 Non-Discrimination and Anti-Harassment Laws. Contractor must comply with all
applicable City, state, and federal non-discrimination and anti-harassment laws, rules, and
regulations.

5.43 Licenses and Permits. Beginning with the Effective Date and for the full term of this
Agreement, Contractor must maintain all applicable City, state, and federal licenses and
permits required to fully perform Contractor’s services under this Agreement.

5.44 Warranties. Contractor must furnish a one-year warranty on all work and services
performed under this Agreement. Contractor must furnish, or cause to be furnished, a two-
year warranty on all fixtures, furnishings, and equipment furnished by Contractor,
subcontractors, or suppliers under this Agreement. Any defects in design, workmanship, or
materials that do not comply with this Agreement must be corrected by Contractor (including,
but not limited to, all parts and labor) at Contractor’s sole cost and expense. All written
warranties and redlines for as-built conditions must be delivered to the City on or before the
City’s final acceptance of Contractor’s services under this Agreement.

5.45 Emergency Purchases. City reserves the rights to purchase from other sources those
items, which are required on an emergency basis and cannot be supplied immediately by the
Contractor.

5.46 Non-Exclusive Agreement. This agreement is for the sole convenience of the City of
Chandler. The City reserves the right to obtain like goods or services from another source
when necessary.
5.47 Budget Approval Into Next Fiscal Year. This Agreement will commence on the Effective Date
and continue in full force and effect until it is terminated or expires in accordance with the
provisions of this Agreement. The Parties recognize that the continuation of this Agreement after
the close of the City's fiscal year, which ends on June 30 of each year, is subject to the City
Council's approval of a budget that includes an appropriation for this item as expenditure. The
City does not represent that this budget item will be actually adopted. This determination is solely
made by the City Council at the time Council adopts the budget.
Performance and Payment Bonds. At the time City issues Notice of Contract Award,
Contractor must provide a Performance Bond and a Payment Bond, each in an amount
equal to the full amount of the Contract Price.
Each such bond must be executed by a surety company or companies holding a Certificate of
Authority to transact surety business in the State of Arizona, issued by the Director of the Arizona
Department of Insurance and must be named in the current list of "Companies Holding
Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring
Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S.
Treasury Department. A copy of the Certificate of Authority must accompany the bonds. The
Certificate must have been issued or updated within two (2) years prior to the execution of this
Agreement. The bonds must be written or countersigned by an authorized representative of the
surety who is either a resident of the state of Arizona or whose principal office is maintained in
this state, as by law required.
The bonds must be made payable and be acceptable to City. The bond forms for the performance
and payment bonds must be in the forms required under A.R.S. § 34-221, et. Seq., as in Appendices
4 and 5 of these General Conditions.
Upon the request of any person or entity appearing to be a potential beneficiary of bonds
covering payment of obligations arising under the Contract Documents, Contractor must promptly
furnish a copy of the bonds or must permit a copy to be made. All bonds submitted for this
Project must be provided by a company which has been rated AM Best rating of A- or better for
the prior four quarters by the latest edition of the ‘Results Best’s Key Rating Guide
(Property/Casualty)” published by the A.M. Best Company.
Page 12 of 39

Page 13 of 39
This Agreement shall be in full force and effect only when it has been approved and executed
by the duly authorized City officials.
FOR THE CITY
FOR THE CONTRACTOR
By: _________________________________________
By: _________________________________________
Its: _____________Mayor______________________
Its: _________________________________________
APPROVED AS TO FORM:
By: _________________________________________
City Attorney
ATTEST:
By: _________________________________________
City Clerk

Page 14 of 39

EXHIBIT A TO AGREEMENT
SCOPE OF SERVICES
BACKGROUND
Contractor to provide all labor, materials and equipment necessary to repair canopy coating at its
Airport Water Reclamation Facility located at 905 E. Queen Creek Rd. Chandler, AZ, 85286.
The Airport Water Reclamation Facility (AWRF) features 12 large metal canopies, some of which
have been in service since 1998. These structures provide critical coverage for wastewater
treatment infrastructure and help minimize glare that could affect aircraft pilots during takeoff
and landing at the nearby Chandler Airport. Due to their proximity to wastewater processes and
chemical storage areas, the canopies have experienced significant coating degradation over time.
This deterioration threatens both the structural integrity and aesthetic appearance of the
canopies. To maintain their protective function and extend their service life, the City is seeking
proposals from qualified contractors to perform coating restoration, including surface
preparation, recoating, and spot repairs, in accordance with industry standards for corrosion
protection and durability.
GENERAL

Contractor Identification: Contractor will have signs (magnetic is acceptable) on the doors of all
vehicles with identifying company name. All employees working for the contractor in Chandler will
have ID Badges and wear company uniforms on their person when on city property.

Work Area: Contractor shall keep the work area safe for all during performance of the work.
Contractor shall, upon completion of the work, leave the site in a neat and clean condition as
determined by the City. Contractor shall be responsible for preventing overspray to any surface,
vehicle, or property.

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TECHNICAL SPECIFICATIONS
SECTION 09900

PAINTING

1.
DESCRIPTION

A. Scope:
1. Coating rehabilitation of the top and bottom sides of the previously coated aluminum
ceiling panels and all support structure of Aeration, Clarifier and Filter Basin & EQ Basin
Canopies located at the Chandler AWRF Site, 905 Queen Creek Road Chandler, AZ 85286.
2. Existing coatings on the canopies are approximately 25 years old.
3. Timeline for completion approximately one (1) year after work has started.
4. Coating manufacturer shall provide a 5-year material warranty.
5. Painter shall provide a 5-year workmanship warranty.

B. Coordination:
1.
Coordinate the painting of areas that could be inaccessible if repairs have been
completed.
2.
Coordinate primers with finish paint materials in order to provide primers that are
compatible with finish paint materials used. Review other sections where primed
surfaces are provided, to ensure compatibility of the total painting system for the
various surfaces and environment service exposures.

ASTM International (ASTM)
1. ASTM D 16, Standard Terminology Relating to Paint, Varnish, Lacquer and Related
Products
2. ASTM D 3960, Practice for Determining Volatile Organic Compound (VOC) Content of
Paints and Related Coating
3. ASTM D 4228 Standard Practice for Qualification of Coating Applicators for
Application of Coatings to Steel Surfaces

NACE International (NACE)
1. NACE Publication 6D-173 A Manual for Painter Safety
The Society for Protective Coatings (SSPC)
1. SSPC-SP WJ-4/NACE WJ-4 – Light Cleaning
2. SP 2 (Hand Tool Cleaning)
3. SP 3 Power Tool Cleaning)
4. SSPC Painting Manuel Volume 1-Good Painting Practice Structures
5. SSPC - Volume 2, Systems and Specifications
6. SSPC Guide 6 - Containing Debris Generated During Paint Removal Operation
7. SSPC PA Guide 11 Protecting Corners, Edges, Crevices, and Irregular Steel Geometries by
Stripe Coating

Ensure that all referenced standards and standards that may be added later are used
according that standard’s most current format.

Page 16 of 39

C. Definitions: Specific coating terminology used in this Section shall be in accordance
with the definitions in ASTM D 16, ASTM D 3960 and the following definitions:
1. The term "paint" includes pretreatment and all painting system materials, such as
primer, emulsion, enamel, organic/inorganic polymer coating, stain sealer and filler,
and other applied materials whether used as prime, filler, intermediate or finish
coats.
2. Field Coat: The application or the completion of application of the coating
system after installation of the surface at the site of the Work.
3. Stripe Coat A “stripe coat” is a layer of coating applied to specific areas such as
edges, welds, outside corners, bolt heads and threads, nuts, and crevices, to
provide additional barrier protection. The stripe coat may be applied either
before or after a layer of coating (often called a “full coat”) is applied over the
entire surface being coated.
4. Shop Coat: One or more coats applied in a shop or plant prior to shipment to the site
of erection or fabrication, where the field or finishing coat is applied.
5. Barrier Coat: A physical barrier, i.e. coating, between the substrate and its
environment by keeping oxygen, moisture and other chemicals away from the
substrate
6. Volatile Organic Compound (VOC) Content: The portion of the coating that is a
compound of carbon, is photochemically reactive, and evaporates during drying or
curing, expressed in grams per liter or pounds per gallon.
7. Touch-Up Painting: The application of paint on areas of painted surfaces to repair
marks, scratches, and areas where the coating has deteriorated to restore the coating
film to an unbroken condition.
8. Painter: Installer or applicator is the person or persons actually installing or applying
the coating and/or lining in the field at the Project site.
9. The term Independent AMPP CCI: The inspection body, and its staff shall not engage in
any activities that may conflict with their independence of judgement and integrity in
relation to their inspection activities. In particular, they shall not become directly
involved in the design, manufacture, supply, installation, user or maintenance of the
items inspected, or similar competitive items. They are also a person and/or persons
(AMPP Certified Coating Inspector) that has satisfactorily completed the AMPP CIP
program and is still actively certified by AMPP.
10. NACE International and SSPC (Society of Protective Coatings) have merged and is now
recognized as AMPP (Association for Materials Protection and Performance) All previous
certifications individually obtained from either organization is now recognized under
AMPP.
11. Holiday: A void, crack, thin spot, foreign inclusion, or contamination in the coating film
that significantly lowers the dielectric strength of the coating. May also be identified as a
holiday, discontinuity or pinhole.
12. Submerged Metal: Steel or iron surfaces below tops of channel or structure walls which
will contain water even when above expected water level.
13. Exposed Surface: Any metal or concrete surface, indoors or outdoors that is exposed to
view.
14. Dry Film Thickness (DFT): Thickness of fully cured coating, measured in mils (1/1000
inch).
15. Ferrous: Cast iron, ductile iron, wrought iron, and all steel alloys except stainless steel.

Page 17 of 39

A. Applicator Requirements
1.

2.
Engage a single PAINTING company with a minimum of 10 years experience
regularly performing the application of coating and/or lining materials, with
documented skill and successful experience in the application of the types of
materials.
3.
PAINTERS whose submissions indicate that they have not had the experience
required to perform the Work shall not be approved. Qualifying experience shall
include at least three previous projects of similar magnitude and complexity to this
project that have been completed not less than 18 months prior to submission of
qualifications to OWNERS REPRESENTATIVE.
4.
Submit name and qualifications to OWNERS REPRESENTATIVE along with the
following information on a minimum of three successful projects:
a. Name of projects
b. Names and telephone numbers of owners, architects or engineers
responsible for projects.
c. Approximate contract cost of the paint materials.
d. Amount of area installed.
5.
Submit in writing to the OWNERS REPRESENTATIVE acceptability of the PAINTER by the
coating manufacturer.

6.
PAINTER must submit list of projects of similar size and complexity along with names of
persons and their work experience employed by the PAINTER. This includes evidence of
worker in house or outside training and qualification programs. Only those submitted
and approved persons will be permitted to work on the project. PAINTER must provide
any qualification or training certificates of individuals at anytime to verify compliance.

7.
PAINTER is completely responsible to ensure that their company personnel is
completely trained and experienced in the proper use of all specified/submitted
coating and lining materials, surface preparation and application equipment being
used for the project. No person shall work on this project unless they have been
previously approved by the OWNERS REPRESENTATIVE.

B. Source Quality Control:

1. Do not submit products that do not meet or exceed the performance criteria. All
submitted coating and/or lining system must be able to provide long-term
protection and performance within its intended service environment. Products
exceeding current VOC limits will not be approved.
2. OWNERS REPRESENTATIVE may review manufacturer’s recommendations concerning
methods of installation and number of coats of paint for each painting system.
PAINTER must prepare cost estimates based on painting systems, number of coats,
coverages and installation methods specified.
3. All proposed "or equal" products shall be submitted 20 working days prior to the
beginning of work with direct comparison to products specified including information
on performance criteria adhesion, color and gloss retention, percent solids, VOC's per
gallon, application methods, case histories and re-coat ability after curing , etc.
4. "Equal or better" manufacturers shall furnish the same color selection as the
manufacturers specified, including intense chroma and custom pigmented colors
in all painting systems.

Page 18 of 39

5. Obtain each product from only one manufacturer. Multiple manufacturing
sources for the same system component will not be approved by OWNERS
REPRESENTATIVE.
6. Certify product shelf-life history for each product source for materials manufactured by
the same manufacturer, but purchased and stored at different locations or obtained
from different sources.
7. Following the corrective measures by the PAINTER, an INDEPENDENT AMPP CCI
shall re-inspect the work, at PAINTER'S expense. Within seven days after re-
inspection, the INDEPENDENT AMPP CCI will provide a written report that the
coatings have been applied properly and in accordance with the manufacturer's
written recommendations and requirements.

C. Requirements of Regulatory Agencies: Surface preparation and application of coatings shall
be performed by PAINTER in compliance with all applicable federal, state and local OSHA
regulations and Maricopa County Air Pollution Control Regulations. Ensure that all
required certifications for all regulatory agencies current and readily available upon request.

1. Obtain and comply with all safety precautions recommended by the paint manufacturer
in printed instructions or special bulletins and as required by applicable regulations.
Provide forced ventilation in all areas where inadequate ventilation exists.
2. Comply with the regulations of governing authorities having jurisdiction for air
quality and material disposal regulations. Revise painting systems specified herein
in order to provide manufacturer's regulatory agency approved painting systems,
where required.
3. Comply with governing authorities having jurisdiction for blast cleaning operations,
confined space entry and disposition of spent abrasive and debris.

D.
Pre-Application Meeting:
1. A pre-application meeting MUST take place at the job-site or mutually agreed upon site a
minimum 3 weeks before the application of any coating or lining work proceeding.
Attendance is required of all principal decision making parties directly affecting work of
this section, including General Contractor, Structural Contractor or Trades Persons of
other work in and around the coatings work, Painter, Coating Manufacturer’s Technical
Representative, Coating Inspector, Site Safety and Health Supervisor, etc. Record the
discussions of the conference and the decisions and agreements (or disagreements) and
furnish a copy of the record to each party attending. Review foreseeable methods and
procedures relating to the painting Work, including but not necessarily limited to, the
following.
a. Review Project Coating Specification, Project requirements, including Contract
Documents, Project Schedule, approved Shop Drawings, pending and approved
Change Orders and requests for information that may have been submitted by
PAINTER to OWNERS REPRESENTATIVE.
b. Field quality control: Contractors responsibilities, i.e. providing written daily
reports and review required samples and submittals, both completed and yet to
be completed.
c. Review status of surfaces including drying, surface preparations and
similar considerations.
d. Review the availability of materials, tradesman, equipment and facilities
needed to make progress, avoid delays and protect the Work from damaging
conditions.
e. Coating Inspector’s Authority and Responsibilities, required inspection, testing,

Page 19 of 39

certifying and quality control procedures.
f. Review weather and forecasted weather conditions, and procedures for coping
with unfavorable conditions. Supplemental heating sources, as may be required to
continue the Work under low temperature conditions, shall be in operating order
and acceptable to paint applicator.
g. Review methods for complying with regulations of governing authorities
having jurisdiction, such as compliance with environmental protection, health,
safety, fire and similar regulations.
h. Material storage requirements
i. Protection of surfaces not scheduled to be coated
j. Application requirements and procedures
k. Protection of coating systems

2. Provide meeting minutes to all parties for review and possible clarification. Should any
correction to the meeting minutes be required, the minutes should be corrected and
resubmitted to all parties.
3. Reconvene the meeting at the earliest opportunity if additional information must be
developed in order to conclude the subjects under consideration.
4. Record any revisions or changes agreed upon, reasons therefore, and parties
agreeing or disagreeing with them.

E.
Maintain a paint application log containing the information as shown below. A painter’s
Paint Application Log shall be maintained on a daily basis for all areas where the Work
is being performed. The Paint Application Log shall be turned over to the OWNERS
REPRESENTATIVE by 9:00 a.m. the following day that the work was performed.
The log shall include the following:
a. Date
b. Time
c. Weather condition (at work location)
d. Air temperature (at work location)
e. Surface temperature (at work location)
a.
Dew point (at work location)
b.
Humidity (at work location)
c. Material temperature (Before (Separately) and Mixed (Combined)
d.
Location/area square footage
e.
Description of Work performed
f. Materials used, colors and batch numbers, quantity of materials used (not

including waste)
g.Application/surface preparation equipment and personnel
h. WFT/surface profile measurements
i. Comments, quality control procedures
j. Signature/Title

Page 20 of 39

A.
Comply with the City of Chandler Arizona - Submittal Procedures.

B.
Samples: Submit for approval the following:
1.
Copies of manufacturer's complete color charts for each coating system.

C.
Submit for approval the following:
1.
Copies of manufacturer's current technical information and VOC content in
comparison to current legal maximum limits allowed and current application
instructions for each material proposed for use.
2.
Submit Applicator's Qualifications in accordance with 1.04 Quality
Assurance. No submittal information will be reviewed until OWNERS
REPRESENTATIVE has received and approved applicator qualifications.
3.
Product technical data including:
a. Acknowledgement that products submitted meet requirements of standards
referenced.
b. Manufacturer's current written application instructions for submitted
coating or lining systems.
c. Manufacturer’s current written repair procedure for the submitted coating
or lining system.

4.
PAINTER shall provide all appropriate air quality permits for abrasive blast.
operation, if required by local, county, state or federal laws or ordinances.

A. Delivery: Deliver materials to site in manufacturer's original, unopened containers and
packaging, with labels clearly identifying.
1. Coating or material name
2. Manufacture
3. Color name and number
4. Batch or lot number
5. Date of manufacture.
6. Mixing and thinning instructions
7. Federal Specification Number if applicable
8. Application and mixing instructions
9. Hazardous material identification label
10. Shelf life
11. Storage requirements Submit storage and application temperature requirements
for all coating system materials

B.
Storage of Materials:

1.
Store materials in a clean dry area and within temperature range in strict
accordance with the coating manufacturer's current written instructions
2.
Keep containers sealed until ready for use.
3.
Do not use materials beyond manufacturer’s shelf life limits.
4.
All coating shall be delivered to the shop or job site in original, unopened
containers with labels intact. Minor damage to containers is acceptable provided
the container has not been punctured or the lid seal broken.
5.
Each container of coating shall be clearly marked or labeled to show coating.

Page 21 of 39

identification, date of manufacture, batch number, and other information as
needed to meet regulatory requirements. Each type of coating shall be
accompanied by the manufacturer’s Safety Data Sheet (SDS) and product data
sheet containing information such as basic chemical composition, acceptable
weather conditions for application, and proper storing and mixing.
6.
All containers of coating shall remain unopened until required for use. No
containers of coating shall be opened unless those materials will be applied that
day. The label information shall be legible and shall be checked at the time of use.
7.
Coating which has livered, gelled, or otherwise deteriorated during storage shall not
be used; however, thixotropic materials which can be stirred to attain normal
consistency may be used.
8.
The oldest coating of each kind that is in acceptable condition shall be used first. In
every case, the coating is to be used before its shelf life has expired. Materials
exceeding storage life recommended by the Manufacturer shall be removed from the
site.
9.
Flammable materials shall be stored according to state and local codes.
10.
Store all materials only in area or areas designated by the OWNERS
REPRESENTATIVE. Confine mixing, thinning, clean up and associated operations, and
storage of materials related debris before authorized disposal, to these areas. All
materials are to be stored on pallets or similar storage handling skids off the
ground.
11.
Mix all materials in an enclosed mixing area designated by the OWNERS
REPRESENTATIVE. This enclosed area must protect the mixing operation and
materials from direct sunlight, inclement weather, freezing, or other means of
damage or contamination. Protect all other concrete and metallic surfaces and
finishes from any spillage of material(s) within the mixing area. The material
temperature should be between 70F and 90F before application, unless noted
otherwise on the current product data sheet.
12.
Do not use floor drains, dikes or storm drains for disposal of coating system
materials. PAINTER shall be responsible for the safe removal and lawful disposal of all
waste materials.
13.
The PAINTER shall take all precautions and implement all measures necessary
to avert potential hazards associated with the resurfacing system materials as
described on the pertinent Safety Data Sheets or container labels.
14.
PAINTER is responsible for maintaining the storage and the environmental climate
of that area for all coating materials that they will be using unless otherwise
agreed upon.
15.
Handling: Protect materials during handling and application to prevent
damage or contamination.

Page 22 of 39

1. The PAINTER’s workforces should comply all federal, state and local regulations as
well as with the provisions outlined in the following documents:
NACE Pub. 6D-173 “A Manual for Painter Safety”
2. The PAINTER shall provide personnel with all safety equipment necessary to
protect them during any phase of the work according to all current OSHA
Standards.
3. PAINTER shall be responsible for the permitted confined space and shall adhere to all
OSHA requirements with regard to CONFINED SPACE including providing all
equipment and personnel necessary.
4. PAINTER shall be responsible to erect and maintain scaffolding according to OSHA
standards.
5. No work shall be performed until the appropriate Work Requests and Lockouts are
approved by the Owners Representative. The Work Request system provides a
mechanism to advise plant staff of a contractor’s work activities. The Lock Out /Tag Out
system is a safety procedure to prevent unintended equipment activation.
6. Keep any flammable materials such as cleaning solvents, thinners, or resurfacing
materials away from open flames, or sparks. Drums containing flammable materials
shall be grounded. Flammable materials not being utilized shall be maintained in their
on-site storage area.
7. Power tools are to be in good working order to avoid open sparking. No spark
producing tools shall be utilized in restricted areas as indicated herein.
8. The PAINTER shall maintain a clean work area and having Underwriter’s Laboratories
approved fire extinguishers on-hand. The PAINTER shall furnish these fire extinguishers.
9. Workers performing coating operations shall wear the appropriate personal protective
equipment, clothing, and NIOSH approved respirator acceptable to industry standards
and all government regulations.
10. Dispose of rags used for wiping up resurfacing materials, solvents, and thinners by
drenching them with water and placing in a metal container with a tight fitting metal
cover. Complete this disposal process at the end of each day. Final disposal of these
materials is the PAINTER’s responsibility.
11. Matches, flames, or sparks resulting from any source including welding, must be
removed from the work area during coating work. Smoking is NOT permitted accept
for designated areas.

A. Site Facilities:

1. The provision of all supplemental heat energy sources, power, equipment and
operating, maintenance and temperature monitoring personnel is the
responsibility of PAINTER.

B. Existing Conditions:

1. Provide lighting (If Required) for all work areas as prescribed in SSPC Guide 12
2. Existing materials specified to be painted as part of the Work shall have their surfaces
prepared to meet the requirements of the painting systems specified.

C. Environmental Requirements

1. Enclosures for areas or items that may require protection from the inclement

Page 23 of 39

weather or other detrimental effects so the project can continue, is the responsibility
of the PAINTER.
2. Surfaces to be painted shall dry to the touch and at least 5°F above the dew point
temperature and rising. Apply paints only when the temperature of surfaces to be
painted, paint material, and the surrounding air temperatures are between 50°F and
95°F, unless otherwise permitted by the paint manufacturer's current printed
instructions.
3. Apply paint system within the shortest possible time consistent with manufacturer's
approved recommended curing instructions for each coat.
4. Epoxy paints shall not be applied if ambient temperature is expected to go below 50°F
within 12 hours of application. Where manufacturer's printed recommendations
require a higher or permit a lower minimum ambient temperature, this can be followed
with written authorization from the Owners Representative.
5. Do not apply paint in rain, fog or mist; or when the relative humidity exceeds 85
percent; to damp or wet surfaces or when surfaces will reach dew point due to falling or
rising temperatures and humidity conditions during the course of the paint application,
unless otherwise permitted in writing by the paint manufacturer's printed
instructions.
6. Painting may continue during inclement weather only if the areas and surfaces to be
painted are enclosed and ambient conditions can be maintained continuously as
specified by the paint manufacturer during application and drying periods.

D. Protection:
1. Cover or otherwise protect finished Work of other trades and surfaces not being
painted concurrently or not to be painted.
2. During surface preparation and painting, the facility shall remain in operation.
Employ procedures that prevent contamination of the process or cause facility
shutdown.
3. Coordinate and schedule surface preparation and painting to avoid exposing
employees of PAINTER, OWNER, OWNERS REPRESENTATIVE and others not
involved with surface preparation and painting. Provide required personnel
safety equipment in compliance with the requirements of governing authorities
having jurisdiction.
4. Submit protection procedures to be employed by PAINTER to OWNER or OWNER’S
REPRESENTATIVE. Do not begin surface preparation and painting Work in any area
until OWNER or OWNER’S REPRESENTATIVE approves protection techniques
proposed by PAINTER
5. Provide fire extinguishers and post caution signs warning against smoking and open
flame when working with flammable materials.

E. All reasonable care shall be taken to protect against paint splatter and overspray.
Responsibility for any damage incurred to surrounding property resulting from this work
belongs to PAINTER.

F. Signs shall be posted, as required, to alert the public of any risks associated with painting
overspray, etc. All efforts shall be made to prevent debris from becoming wind blown.

G. Responsibility for obtaining any and all permits required to perform the Work belongs to
PAINTER.

Page 24 of 39

PART 2 PRODUCTS

1.
MANUFACTURER
A.
Specification basis of design is Tnemec and Sherwin Williams

A.
Previously Coated Canopies Underneath Side Existing Ferrous and Non-Ferrous
Metals, Interior Dry Surfaces,

1. Clarifier, Filter Basin and EQ Basin Canopies
2. System Type: Epoxy
3. Surface Preparation: SSPC-SP WJ-4/NACE WJ-4 – Thoroughly clean the surface
to be coated using metered potable water mixed with Simple Green at
approximately 10 parts clean potable water to 1 part Simple Green.
Afterwards, pressure wash rinse using clean potable water to thoroughly
remove any remaining residue.
Should other cleaning procedures be utilized using different types of
biodegradable, non-hazardous chemical etch solutions or cleaners, the
directions must be followed as provided by the manufacture and approved by
the coating manufacture if they are not the same.
4. Touchup existing coating which have damaged or have bare areas, according
to SSPC-SP2 or SSPC-SP3 at the time of painting system application. Tightly
adhering coating surrounding the bare metal shall be feather edged a
minimum of 1 inch back to provide a clean, dry, sound and smooth transition
from bare metal to remaining coating.
5. Spot Prime (If required): Tnemec Series 135 Chembuild or Sherwin Williams
646 Macropoxy; 1 coat; 3.0 to 5.0 mils DFT
6. Full Tie Coat: Tnemec Series 135 Chembuild or Sherwin Williams 646 Macropoxy;
1coat; 3.0 to 5.0 mils DFT
7. Stripe Coat: Tnemec Series 135 Chembuild or Sherwin Williams 646 Macropoxy; 1coat;
3.0 to 5.0 mils DFT
8. Finish Coat: Tnemec Series 135 Chembuild or Sherwin Williams 646 Macropoxy;
1coat; 3.0 to 5.0 mils DFT
9. Dry Film Thickness Total System: 6.0 to 10.0 mils (Excluding the spot prime and stripe
coat)

Note: Must use contrasting colors to differentiate coats. Reference 4 - General
Application Requirements, A. General. 7 and 9

B. Previously Coated Canopies Underneath Side Existing Ferrous and Non-Ferrous Metals,
Interior Surfaces, Intermittently Wet

1. Aeration Basin Canopies
2. System Type: Epoxy
3. Surface Preparation: SSPC-SP WJ-4/NACE WJ-4 – Thoroughly clean the surface to be
coated using clean metered potable water mixed with mixed with 30% vinegar or equal
non hazardous chemical etch solution. Afterwards, pressure wash rinse using clean
potable water to thoroughly remove any remaining residue. Should other cleaning
procedures be utilized using different types of biodegradable, non-hazardous chemical
etch solutions or cleaners, the directions must be followed as provided by the
manufacture and approved by the coating manufacture if they are not the same.
4. Touchup existing coating which have damaged or have bare areas, according to
SSPC-SP2 or SSPC-SP3 at the time of painting system application. Tightly
adhering coating surrounding the bare metal shall be feather edged a minimum of 1
inch back to provide a clean, dry, sound and smooth transition from bare metal to
remaining coating.

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5. Spot Prime (If required): Tnemec Series 135 Chembuild or Sherwin Williams 646
Macropoxy; 1 coat; 3.0 to 5.0 mils DFT
6. Full Tie Coat: Tnemec Series 135 Chembuild or Sherwin Williams 646 Macropoxy; 1
coat; 3.0 to 5.0 mils DFT
7. Stripe Coat: Tnemec Series 135 Chembuild or Sherwin Williams 646 Macropoxy; 1
coat; 3.0 to 5.0 mils DFT
8. Finish Coat: Tnemec Series 135 Chembuild or Sherwin Williams 646 Macropoxy; 1
coat; 3.0 to 5.0 mils DFT 9. Dry Film Thickness Total System: 6.0 to 10.0 mils (Excluding
the spot prime and stripe coat) Note: Must use contrasting colors to differentiate
coats. Reference 4 - General Application Requirements, A. General. 7 and 9

C. Previously Coated Canopies Underneath Side Existing Ferrous and Non-Ferrous Metals
Support Structure, Exterior Surfaces UV Exposure

1. System Type: Epoxy/Polyurethane
2. Surface Preparation: Surface Preparation: SSPC-SP WJ-4/NACE WJ-4 – Thoroughly clean
the surface to be coated using hot potable water mixed with Simple Green at

approximately 10 parts clean hot metered potable water to 1part Simple Green.

Afterwards, pressure wash rinse using clean hot metered potable water to thoroughly

remove any remaining residue. Should other cleaning procedures be utilized using

different types of biodegradable, non-hazardous chemical etch solutions or cleaners,

the directions must be followed as provided by the manufacture and approved by the

coating manufacture if they are not the same.
3. Spot Prime (If required): Tnemec Series 135 Chembuild or Sherwin Williams 646
Macropoxy; 1 coat; 3.0 to 5.0 mils DFT
4. Full Tie Coat: Tnemec Series 135 Chembuild or Sherwin Williams 646
Macropoxy; 1 coat; 3.0 to 5.0 mils DFT
5. Finish Coat: Tnemec Series V701 Hydroflon; 1 coat; 2.0-3.0 mils DFT or Sherwin

Williams Sher-Loxane 800; 1 coat; 4.0 to 6.0 mils DFT
6. Dry Film Thickness Total System: 5.0 to 11.0 mils (Excluding the spot prime & stripe

coat)

Note: Must use contrasting colors to differentiate coats. Reference 4 - General

Application
Requirements, A. General. 7 and 9

D. Previously Coated Roof Canopies and Support Structure Existing Ferrous and Non-

Ferrous Metals Exterior Surfaces UV Exposure

1. System Type: Epoxy/Polyurethane
2. Surface Preparation: Surface Preparation: SSPC-SP WJ-4/NACE WJ-4 – Thoroughly clean
the surface to be coated using hot potable water mixed with Simple Green at

approximately 10 parts clean hot metered potable water to 1 part Simple Green.

Afterwards, pressure wash rinse using clean hot metered potable water to thoroughly

remove any remaining residue. Should other cleaning procedures be utilized using

different types of biodegradable, non-hazardous chemical etch solutions or cleaners,

the directions must be followed as provided by the manufacture and approved by the

Williams
Sher-Loxane 800; 1 coat; 4.0 to 6.0 mils DFT
6. Dry Film Thickness Total System: 5.0 to 11.0 mils (Excluding the spot prime & stripe

coat)

Note: Must use contrasting colors to differentiate coats. Reference 4 - General Application
Requirements, A. General. 7 and 9

Page 26 of 39

A.
No products that decrease the film thickness, the surface preparation, VOC's, solids by
volume or the generic type of coating specified shall be considered.

A.
Examine the areas and conditions under which painting Work is to be performed and
notify OWNER’S REPRESENTATIVE immediately, in writing, of conditions detrimental to the
proper and timely completion of the Work. Do not proceed with the Work until
unsatisfactory conditions have been corrected in a manner acceptable to OWNER’S
REPRESENTATIVE.

B.
If surfaces to be coated cannot be put into proper condition for finishing by procedure
specified, report to OWNER or OWNER’S REPRESENTATIVE in writing, or assume total
responsibility including financial and correct unsatisfactory finish which results.
Proceeding with work past preparation of surface shall indicate acceptance of improper
surfaces.

C.
Do not paint over dirt, rust, scale, grease, moisture, scuffed surfaces, dry spray,
overspray or conditions otherwise detrimental to the formation of a durable paint film
capable of performing in accordance with claims made in manufacturer's product
literature for the surfaces and conditions encountered.

D.
Do not paint over existing paint where there is no assurance that existing paint will
provide an acceptable surface for the long-term adherence and durability of painting
systems specified or where the manufacturer requires removal of all existing paint in
order to recommend the use of the specified painting system.

E.
PAINTER will ensure that all surfaces and areas to be inspected will be clean and ready
for inspection so the coating and/or lining system can be immediately applied. No
inspections will be conducted if areas and/or surfaces have dust and debris floating in
the air and/or covering the substrates to be inspected. All expenses due to delays, extra
coating inspections etc. are the sole responsibly of the PAINTER.

F.
Only fully prepared sections or areas will be evaluated unless these are small remedial
worked areas.

A. General:

1. Prior to any surface preparation covered in this section, all surfaces shall meet the
acceptable conditions required. Reference Part 2 Products 2. Coating Systems A, B and
C.
2. Remove all hardware, hardware accessories and similar items already in-place and that
does not require field painting, or provide effective surface-applied protection prior to
surface preparation and painting operations.

Page 27 of 39

3. Remove, as necessary, items, which must be field-painted where adjacent surfaces
cannot be completely protected from splatter or overspray. Following completion of
painting of each space or area, the removed items shall be reinstalled by workers skilled
in the trades involved.
4. Surfaces to be painted must be clean, dry and sound before applying any painting
system components. Should any surface be found in an unsatisfactory condition, the
PAINTER must remediate by the to provide an acceptable coating condition.

C. Ferrous Metals:
1. All surface imperfections (e.g., sharp fins, sharp edges, weld spatter, burning slag, scabs,
slivers) existing or new shall be removed by best means feasible from submerged or
non-submerged ferrous metal surfaces before full surface preparation operations
begin. All edges and corners shall be ground to provide a smooth rounded finish.
2. Non-Ferrous Metal Surfaces: Prepare all substrates new or existing according to the
coating manufacturers current written guidelines for the submitted coating system and
its intended service environment.

A. General:
1.
Mix and prepare painting materials in strict accordance with the coating
manufacturer's current product literature.
2.
If the painter wants to mix partial kits of coating, they must provide a letter to the
OWNERS REPRESENTATIVE from the coating manufactures technical service
department outlining that coating manufactures recommended procedure.
3.
Only use coating materials of the submitted coating manufacturer. Do not mix any
painting materials produced by different coating manufacturers.
4.
Only use thinners when required for the Work and that are provided by the coating
manufacturer for the submitted coating system. Do not use any thinners not
documented on its current product data sheet or outside its recommended
guidelines.
5.
Any deviation of mixing procedures must be approved in writing by the OWNERS
REPRESENTATIVE before any procedural change will be allowed.

B. Mixing:
1.
For those products requiring constant agitation, use methods in
compliance with manufacturer's product literature, to prevent settling
during paint application.
2.
Mix only in containers placed in suitably sized nonferrous or oxide resistant metal
pans to protect concrete floors from splashes or spills. PAINTER is responsible all
clean up and for any damage associated from splash and/or spills.
3.
Mix and apply paint only in containers bearing accurate product name of material
being mixed, or applied.
4.
Stir all materials before application to produce a mixture of uniform density, and as
required during the application of the materials. Do not stir any film, which may
form on the surface into the material. Remove the film and if necessary, strain the
material before using.

Page 28 of 39

A. General:
1.
Thin, mix and apply coatings by brush, roller, or spray in strict
accordance with manufacturer’s installation instructions.
2.
Application equipment must be evaluated and approved in writing by
coating manufacturer
3.
Temperature and weather conditions:
a. Do not paint surfaces when surface temperature is below 50F unless product
has been formulated specifically for low temperature application or approved
in writing by owner’s representative and paint manufacturer's authorized
representative.
b. Air and Surface Temperatures: Prepare surfaces, then apply and cure coatings
within air and surface temperatures minimum and maximum range according
to the coating manufacturer’s current recommended instructions.
c. Avoid painting surfaces exposed to direct hot sun.
d. Do not paint on damp surfaces.

4. Immediately after any surface has been inspected and accepted the coatings must be
applied.

5. Provide complete coverage to dry film thickness range specified.

a. All paint systems are "to cover”. In situations of discrepancy between
manufacturer's square footage coverage rates and mil thickness, mil thickness
requirements govern. When color or undercoats show through, apply additional
coats until paint film has a consistent uniform finish and color.

6. If so directed by OWNERS REPRESENTATIVE, do not apply consecutive coats until OWNERS
REPRESENTATIVE has had an opportunity to observe and approve previous coats.
7. Use alternating colors to separate and distinguish the applied coatings.
8. Evenly spread to provide full, smooth coverage. All paint is to be applied in a
continuous, monolithic and pinhole free manner.
9. Stripe coat (each coat) with a brush or roller prior before full application. Stripe
coats must be applied to edges, corners, crevices, joints, and other difficult to
work areas so as to provide optimum film build and coverage for long-term
protection and performance of the coating system.
10. Avoid degradation and contamination of blasted surfaces and avoid inter-coat
contamination.
a. Clean contaminated surfaces before applying next coat.

b. All embedded debris shall be removed prior to the application of the next coat.

c. Final coat shall be contaminant free. Remediated areas shall have the same color
and gloss appearance as the surrounding painted area. A patchy appearance is not
acceptable. Re-coat until appearance is acceptable by the owner’s representative at
no additional cost to the owner.
11. Smooth out any runs, drips or sags immediately. Any remaining runs, drips or sags located
afterwards will need to be removed and the entire surface re-coated.
12. Allow preceding coats to sufficiently dry before applying any coating
a. Re-coat within time limits specified by coating manufacturer.
b. If re-coat time limits have expired re-prepare surface according to the
coating manufacturer’s current printed recommendations.

Page 29 of 39
13. Allow coated surfaces to cure according to coating manufacturers written
recommendations prior to allowing traffic or other work to proceed. Wet on wet coating
applications are not allowed.
14. When coating rough surfaces which cannot be back rolled sufficiently, hand brush
coating to work coating materials into all recesses.
B. SpotPrime/Tie Coat Application:
1.
Prime all surfaces indicated to be painted. Apply the coating according coating the
coating manufacturer's written instructions.
2.
All damage to surface as result of coating removal shall be repaired to original
condition or better by PAINTER at no additional cost to OWNER.
3.
Brush or Roll all bolts, welds, edges crevices corners, edges and other difficult access
areas with primer prior to primer application over entire surface.
4.
Touch up damaged primer coats prior to applying finish coats. Restore primed
surface equal to surface before damage.
C. Finish Coat Application:
1. Stripe Coat using a brush or roller all bolts, welds, edges crevices corners, edges and
other difficult access areas prior to applying the full finish coat over entire surface.
2. Apply the finish coat according coating the coating manufacturer's written
instructions.
5.
A.
All repairs and corrective work will be done according to the coating manufacturers
provide written recommendations. NO REPAIRS WILL BE COMPLETED WITHOUT THE
COATING MANUFACTURES WRITTEN RECOMMENDATIONS
6.
A.
Painting Contractors: Quality Control
1.
Must utilize either an in-house or outside sourced certified AMPP coating inspector.
2.
Maintain permanent written records of daily QC responsibilities.
3.
A copy of the previous workday’s daily QC records will be turned in at the beginning of shift
to the GENERAL CONTRACTOR. PAINTER will maintain all copies of their Daily QC logs in a
designated binder. Request to verify compliance of Daily QC records can be at anytime by
the OWNER OR OWNER’S REPRESENTATIVE.
4.
Verify and record that the coatings and other materials are as specified (i.e.,
manufacturer, product name & product batch dates).
5.
Verify and record condition of coatings and material along with their storage procedures
6.
Verify and record surface preparation and application of coatings are as specified.
7.
Verify and record coating mixing and thinning procedures, i.e., batch dates, amount
mixed, material temperatures, induction time , etc.
8.
Verify and record application procedures.
9.
Verify and record environmental conditions one half hour before work starting, then every 2
hours afterwards and once upon completion of work that day. Environmental readings
must be obtained in the area that the work is taken place. Environmental readings shall not
be obtained from computers, TV or cell phone apps. Readings shall be immediately taken
should a sudden change in the climate be observed. Record results using sample forms or
similar approved forms.
B.
Independent AMPP Third Party Inspection Responsibilities: Quality Assurance

Page 30 of 39
1.
OWNERS REPRESENTATIVE will maintain permanent written records of Q/A
inspections. Inspection reports will be provided to the OWNER.
2.
Surface Preparation Inspection - Verify and record that the specified surface
preparation meets or exceeds specified cleanliness standard. Check for characteristics
or defects that would adversely affect performance or appearance of coating systems.
3.
All surfaces must be free of dust, debris and ready for the coating to be immediately
applied prior to any surface preparation inspection being conducted.
4.
Only fully prepared sections or areas will be evaluated unless these are small remedial
worked areas.
5.
Coating Inspection - Verify and record the DFT readings of each coat. Check the applied
coating film for characteristics or defects that would adversely affect performance or
appearance of coating systems, i.e., runs, sags skippers, inconsistent / poor coverage.
7.
A.
Provide "Wet Paint" signs as required to protect newly painted finishes. Protect surfaces
of coating systems from damage from any possible surrounding activity.
B.
Remove all temporary protective wrappings provided for protection of this Work and the
work of other contractors after completion of painting operations.
8.
A.
Correct all damages to the work of other trades by cleaning, repairing or replacing, and
repainting, as acceptable to Owner’s Representative.
B.
During the progress of the Work, remove from the site all discarded paint materials,
rubbish, cans and rags at the end of each workday.
C.
Upon completion of painting, clean all paint spattered surfaces. Remove spattered paint
by proper methods of washing and scraping, using care not to scratch or otherwise
damage finished surfaces. Any damage associated with the cleaning and removal process
is the PAINTERS responsibility.
D.
At the completion of Work of other trades, touchup and restore all damaged or
defaced painted surfaces as determined by Owner’s Representative.

Page 31 of 39
9.
A.
Coating manufacturer shall provide a 5-year material warranty.
B.
Painter shall provide a 5-year workmanship warranty.
C.
An anniversary inspection shall be conducted by the OWNER’S REPRESENTATIVE on the
tenth (10th) or eleventh (11th) month following completion of all coating work within that
specific basin location. PAINTER shall be present at inspection. All defective work shall be
repaired in strict accordance with coating manufacturer’s instructions, this Specification,
and to satisfaction of the OWNER or OWNER’S REPRESENTATIVE.
D.
Entire coating system shall be visually inspected. All defective coating, as well as
damaged and rusting spots shall be satisfactorily repaired by and at sole expense of
PAINTER.
E.
Coating Manufacturer’s Representative: PAINTER shall have coating manufacturer’s.
representative present during inspection of work to assist with assessment of condition of
the applied coating and make recommendations for methods of repair of coating systems
as may be required.
F.
Inspection Report: The PAINTER shall provide an inspection report covering first
anniversary inspection, setting forth number and type of failures observed percentage
of surface area where failures have occurred.
G.
Schedule: Upon completion of inspection and receipt of an Inspection Report as noted
herein, The OWNER shall establish a date for PAINTER to proceed with remedial work. Any
delay on the part of PAINTER to meet schedule established by OWNER shall constitute
breach of this Contract and the OWNER may proceed to have defects remedied, with costs
involved paid by the PAINTER.
H.
Remedial Work: Any location where coating has peeled, bubbled, or cracked and any
location where rusting is evident shall be considered to be a failure of coating system.
PAINTER shall make repairs at all points where failures are observed by removing
deteriorated coating, cleaning surface, and re-coating with same coating system. If area of
failure exceeds twenty-five percent (25%) of total coated surface, the entire coating system
may be required to be removed and. recoated in accordance with original Specification.
I.
Costs: All costs for PAINTER's repair shall be borne by PAINTER. In preparing his bid,
PAINTER shall include an appropriate amount for repair. No additional allowance will be
paid by OWNER for said repair.
Additional requirements
Regarding surface Prep WJ4 with metered potable water. The city will provide a fire hydrant
location it will be up to the contractor to obtain a meter with backflow by contacting the City. It will
be up to the contractor to obtain metered back flow preventor

Page 33 of 39
EXHIBIT C TO AGREEMENT
INSURANCE
INSURANCE
General.
A.
At the same time as execution of this Agreement, the Contractor shall furnish the City a
certificate of insurance on a standard insurance industry ACORD form. The ACORD form
must be issued by an insurance company authorized to transact business in the State of
Arizona possessing a current A.M. Best, Inc. rating of A-7, or better and legally authorized to
do business in the State of Arizona with policies and forms satisfactory to City. Provided,
however, the A.M. Best rating requirement shall not be deemed to apply to required
Workers’ Compensation coverage.
B.
The Contractor and any of its subcontractors shall procure and maintain, until all of their
obligations have been discharged, including any warranty periods under this Agreement
are satisfied, the insurances set forth below.
C.
The insurance requirements set forth below are minimum requirements for this
Agreement and in no way limit the indemnity covenants contained in this Agreement.
D.
The City in no way warrants that the minimum insurance limits contained in this
Agreement are sufficient to protect Contractor from liabilities that might arise out of the
performance of the Agreement services under this Agreement by Contractor, its agents,
representatives, employees, subcontractors, and the Contractor is free to purchase any
additional insurance as may be determined necessary.
E.
Failure to demand evidence of full compliance with the insurance requirements in this
Agreement or failure to identify any insurance deficiency will not relieve the Contractor
from, nor will it be considered a waiver of its obligation to maintain the required insurance
at all times during the performance of this Agreement.
F.
Use of Subcontractors: If any work is subcontracted in any way, the Contractor shall
execute a written contract with Subcontractor containing the same Indemnification Clause
and Insurance Requirements as the City requires of the Contractor in this Agreement. The
Contractor is responsible for executing the Agreement with the Subcontractor and
obtaining Certificates of Insurance and verifying the insurance requirements.
Minimum Scope and Limits of Insurance. The Contractor shall provide coverage with limits of liability not
less than those stated below.
A.
Commercial General Liability-Occurrence Form. Contractor must maintain “occurrence” form
Commercial General Liability insurance with a limit of not less than $2,000,000 for each

Page 34 of 39
occurrence, $4,000,000 aggregate. Said insurance must also include coverage for products
and completed operations, independent contractors, personal injury and advertising injury.
If any Excess insurance is utilized to fulfill the requirements of this paragraph, the Excess
insurance must be “follow form” equal or broader in coverage scope than underlying
insurance.

B.
Automobile Liability-Any Auto or Owned, Hired and Non-Owned Vehicles
Vehicle Liability: Contractor must maintain Business/Automobile Liability insurance with a
limit of $1,000,000 each accident on Contractor owned, hired, and non-owned vehicles
assigned to or used in the performance of the Contractor’s work or services under this
Agreement. If any Excess or Umbrella insurance is utilized to fulfill the requirements of this
paragraph, the Excess or Umbrella insurance must be “follow form” equal or broader in
coverage scope than underlying insurance.

C.
Workers Compensation and Employers Liability Insurance: Contractor must maintain Workers
Compensation insurance to cover obligations imposed by federal and state statutes having
jurisdiction of Contractor employees engaged in the performance of work or services
under this Agreement and must also maintain Employers’ Liability insurance of not less
than $1,000,000 for each accident and $1,000,000 disease for each employee.

D.
Builders’ Risk/Installation Floater Insurance. The Contractor bears all responsibility for loss to
all equipment or Work under construction. Unless waived in writing by the City the
Contractor will purchase and maintain in force Builders’ Risk/Installation Floater insurance
on the entire Work until completed and accepted by the City. This insurance will be Special
Causes of Loss policy form, (minimally including perils of fire, flood, lightning, explosion,
windstorm and hail, smoke, aircraft and vehicles, riot and civil commotion, theft, vandalism,
malicious mischief, and collapse), completed value, replacement cost policy form equal to
the contract price and all subsequent modifications. The Contractor’s Builders’
Risk/Installation Floater insurance must be primary and not contributory.
1. Builders’ Risk/Installation Floater insurance must cover the entire Work including
reasonable compensation for architects and Contractors’ services and expenses and
other “soft costs” made necessary by an insured loss. Builders’ Risk/Installation Floater
insurance must provide coverage from the time any covered property comes under the
Contractor’s control and or responsibility, and continue without interruption during
course of construction, renovation and or installation, including any time during which
any project property or equipment is in transit, off site, or while on site for future use or
installation. Insured property must include, but not be limited to, scaffolding, false
work, and temporary buildings at the site. This insurance must also cover the cost of
removing debris, including demolition as may be legally required by operation of any
law, ordinance, regulation or code.
2. The Contractor must also purchase and maintain Boiler and Machinery insurance with
the same requirements as Builders’ Risk/Installation Floater insurance cited above if the
Work to be performed involves any exposures or insurable property normally covered
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

Page 35 of 39
will be responsible for any and all deductibles under these policies and the Contractor
waives all rights of recovery and subrogation against the City under the Contractor’s
Builders’ Risk/Installation Floater insurance described herein.
3. Builders’ Risk/Installation Floater Insurance must be maintained until whichever of the
following first occurs: (i) final payment has been made; or, (ii) until no person or entity,
other than the City, has an insurable interest in the property required to be covered.
a. The Builders’ Risk/Installation Floater insurance must be endorsed so that the
insurance will not be canceled or lapse because of any partial use or occupancy by
the City.
b. The Builders Risk/Installation Floater insurance must include as named insureds, the
City, the Contractor, and all tiers of subcontractors and others with an insurable
interest in the Work who will be named as additional insureds unless they are able
to provide the same level of coverage with the City and Contractor named as
additional insureds. Certificates must contain a provision that the insurance will not
be canceled or materially altered without at least 30 days advance notice to the City.
The City must also be named as a Loss Payee under the Builders’ Risk/Installation
Floater coverage.
c. The Builders Risk/Installation Floater insurance must be written using the Special
Causes of Loss policy form, replacement cost basis.
d. All rights of subrogation under the Builders Risk/Installation Floater insurance are,
by this Contract/Agreement, waived against the City, its officers, officials, agents and
employees.
e. The Contractor is responsible for payment of all deductibles under the Builders’
Risk/Installation Floater insurance policy.

Additional Policy Provisions Required.

A. Self-Insured Retentions or Deductibles. Any self-insured retentions and deductibles must be
declared and approved by the City. If not approved, the City may require that the insurer
reduce or eliminate any deductible or self-insured retentions with respect to the City, its
officers, officials, agents, employees, and volunteers.

1. The Contractor’s insurance must contain broad form contractual liability coverage.

2. The Contractor's insurance coverage must be primary insurance with respect to the
City, its officers, officials, agents, and employees. Any insurance or self-insurance
maintained by the City, its officers, officials, agents, and employees shall be in excess of
the coverage provided by the Contractor and must not contribute to it.

3. The Contractor's insurance must apply separately to each insured against whom claim
is made or suit is brought, except with respect to the limits of the insurer's liability.

4. Coverage provided by the Contractor must not be limited to the liability assumed under
the indemnification provisions of this Agreement.

Page 36 of 39
5. The policies must contain a severability of interest clause and waiver of subrogation
against the City, its officers, officials, agents, and employees, for losses arising from
Work performed by the Contractor for the City.

6. The Contractor, its successors and or assigns, are required to maintain Commercial
General Liability insurance as specified in this Agreement for a minimum period of
three years following completion and acceptance of the Work. The Contractor must
submit a Certificate of Insurance evidencing Commercial General Liability insurance
during this three-year period containing all the Agreement insurance requirements,
including naming the City of Chandler, its agents, representatives, officers, directors,
officials and employees as Additional Insured as required.

7. If a Certificate of Insurance is submitted as verification of coverage, the City will
reasonably rely upon the Certificate of Insurance as evidence of coverage but this
acceptance and reliance will not waive or alter in any way the insurance requirements
or obligations of this Agreement.

B.
Insurance Cancellation During Term of Contract/Agreement.
1. If any of the required policies expire during the life of this Contract/Agreement, the
Contractor must forward renewal or replacement Certificates to the City within ten days
after the renewal date containing all the required insurance provisions.
2. Each insurance policy required by the insurance provisions of this Contract/Agreement
shall provide the required coverage and shall not be suspended, voided or canceled
except after 30 days prior written notice has been given to the City, except when
cancellation is for non-payment of premium, then ten days prior notice may be given.
Such notice shall be sent directly to Chandler Law-Risk Management Department, Post
Office Box 4008, Mailstop 628, Chandler, Arizona 85225. If any insurance company
refuses to provide the required notice, the Contractor or its insurance broker shall
notify the City of any cancellation, suspension, non-renewal of any insurance within
seven days of receipt of insurers’ notification to that effect.
A.
City as Additional Insured. The policies are to contain, or be endorsed to contain, the
following provisions:

1. The Commercial General Liability and Automobile Liability policies are to contain, or be
endorsed to contain, the following provisions: The City, its officers, officials, agents, and
employees are additional insureds with respect to liability arising out of activities
performed by, or on behalf of, the Contractor including the City's general supervision of
the Contractor; Products and Completed operations of the Contractor; and automobiles
owned, leased, hired, or borrowed by the Contractor.

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.

Page 37 of 39
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 difficulty of proving the City's

Page 38 of 39
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.

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