Keller electrical - utility system electrical repairs
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City Clerk Document No.
City Council Meeting Date: August 14, 2025
AMENDMENT TO CITY OF CHANDLER AGREEMENT
WATER AND WASTEWATER EQUIPMENT MAINTENANCE AND REPAIR SERVICES
CITY OF CHANDLER AGREEMENT NO. PW2-936-4357
THIS AMENDMENT NO. 2 (Amendment No. 2) is made and entered into by and between the City of
Chandler, an Arizona municipal corporation (City), and Keller Electrical Industries, LLC, (Contractor),
(City and Contractor may individually be referred to as Party and collectively referred to as Parties)
and made
_________________, 2025 (Effective Date).
RECITALS
WHEREAS, City Council approved the award of multiple Agreements for water and wastewater
equipment maintenance and repair services (Agreement); and
WHEREAS, the term of the Agreement was September 1, 2021, through August 31, 2023, with the
option of up to two additional two-year extensions; and
WHEREAS, the City wishes to extend the term of the multiple Agreements for water and wastewater
equipment maintenance and repair services in an amount not to exceed $11,986,000 for the
extension term; and
WHEREAS, the Parties wish to exercise the second option through this Amendment No. 2 to extend
the Agreement for two years.
AGREEMENT
NOW THEREFORE, the Parties agree as follows:
1.
The recitals are accurate and are incorporated and made a part of the Agreement by this
reference.
2.
Section III, Period of Service is amended to read as follows: The term of the Agreement is
extended for a two-year period September 1, 2025, through August 31, 2027.
3.
Section IV, Payment of Compensation and Fees is amended to read as follows: The City will pay
the Contractor the per unit cost set forth in Revised Exhibit B of the original Agreement,
attached to and made a part of this Amendment No. 2. Total payments made to the Contractor
during the term of this Amendment No. 2 will not exceed $11,986,000.
Docusign Envelope ID: 7FD58D0B-2ED0-447B-A811-09F323BEA6B9
August 18
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4.
All other terms and conditions of the Agreement remain unchanged and in full force and
effect. If a conflict or ambiguity arises between this Amendment No. 2 and the Agreement, the
terms and conditions in this Amendment No. 2 prevail and control.
IN WITNESS WHEREOF, the Parties have entered into this Amendment on the Effective Date.
FOR THE CITY
FOR THE CONTRACTOR
By: _________________________________________
By: _________________________________________
Its: _____________Mayor______________________
Its: _________________________________________
APPROVED AS TO FORM:
By: _________________________________________
City Attorney
ATTEST:
By: _________________________________________
City Clerk
Docusign Envelope ID: 7FD58D0B-2ED0-447B-A811-09F323BEA6B9
Dwight Groth
Page 3 of 10
EXHIBIT B TO AGREEMENT
REVISED PRICING
EXHIBIT B -PRICE PAGES
1) Water Treatment and Booster Facilities Pump and
Process Equipment Sales and Maintenance.
This work will take place at the City's Pecos Water Treatment Facility and
reservoir / booster stations at various locations throughout the City. This
category will Include work on all types of pumps, valves and process
equipment common to water treatment and booster station facilities.
2) Wastewater Facilities and Lift Station Pump and
Process Equipment Sales and Maintenance.
This work will take place at the City's Airport Water Reclamation Facility,
Lone Butte Wastewater Facility, Ocotillo Water Reclamation Facility, Lift
Stations and Wastewater Facilities at various locations throughout the
City. This category will Include work on all types of pumps, valves and
process equipment common to wastewater treatment and lift station
facilities.
3) Potable Well, Injection Well, Aquifer Storage and
Recovery Well (ASR), Monitor Well, and Leachate
recovery well pump and Equipment Sales and
Maintenance.
This work will take place at various well locations throughout the City.
This category will Include work on both Lineshaft and Submersible type
well pump systems, well maintenance, rehabilitation and repair, as well
as work on all types of pumps, valves and process equipment common
to potable, ASR and monitor well and leachate recovery facilities.
4) Chandler Reverse Osmosis Plant Pumps and Process
Equipment Sales and Maintenance.
This work will take place at the City's Reverse Osmosis Facility. This
category will Include work on all types of pumps, valves and process
equipment common to Industrial reverse osmosis water treatment
facilities.
5) Other City Facilities
This work will take place at the City's other facilities such as City owned
buildings, parks, pools, and street storm water facilities. This category
will include work on all types of pumps, motors and equipment
common to these facilities.
5) OEM parts and service provider
This work can take place in any of the City facilities. This category is for all
work to be performed by the authorized representative of the Manufacturer
listed in Section 4 below
Docusign Envelope ID: 7FD58D0B-2ED0-447B-A811-09F323BEA6B9
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Section 1: Labor
Description
Unit Cost
Unit of
Measure
1.1
Electrician - Field
$180.00
Hourly
Rate
1.2
Electrician - Shop
$165.00
Hourly
Rate
1.3
Laborer - Field
$165.00
Hourly
Rate
1.4
Laborer - Shop
$165.00
Hourly
Rate
1.5
Machinist - Field
$180.00
Hourly
Rate
1.6
Machinist - Shop
$165.00
Hourly
Rate
1.7
Mechanic - Field
$180.00
Hourly
Rate
1.8
Mechanic - Shop
$165.00
Hourly
Rate
1.9
Welder - Field
$180.00
Hourly
Rate
1.1
Welder - Shop
$165.00
Hourly
Rate
1.11
Operator - Field
$180.00
Hourly
Rate
1.12
Supervisor - Field
$200.00
Hourly
Rate
1.13
Technician - Field
$180.00
Hourly
Rate
1.14
Multiplier for Overtime, Weekend and Holiday Work
2.0
Multiplier
1.15
Well Video Color w/sidescan (Includes Equipment &
labor - Written report and 2 copies of DVD)
n/a
Cost Per
Well
Docusign Envelope ID: 7FD58D0B-2ED0-447B-A811-09F323BEA6B9
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Type 1 Equipment, Section 2: Equipment
Type 1
Equipment
(1 hour Mob, 1 Hour Demob Allowed On This
Machinery)
Unit Cost
Unit of
Measure
2.1
Air Compressor (450 CFM & Smaller)
$150.00
Hourly
Rate
2.2
Air Compressor (451 CFM & Larger)
$300.00
Hourly
Rate
2.3
Dump Truck
NA
Hourly
Rate
2.4
Pickup Truck
NA
Hourly
Rate
2.5
Crane Truck
$300.00
Hourly
Rate
2.6
Pump Service Truck
NA
Hourly
Rate
2.7
Water Truck w/ 1 Man
NA
Hourly
Rate
2.8
Tractor Trailer & Driver
NA
Hourly
Rate
2.9
Portable Steam Cleaner
NA
Hourly
Rate
2.1
Portable Welding Machine
$150.00
Hourly
Rate
2.11
Concrete Pump
NA
Hourly
Rate
Type 2 Equipment, (2 hour Mob, 2 Hour Demob
Allowed On This Machinery)
Unit Cost
Unit of
Measure
2.2-1
Pump Rig, 5 ton - 12 ton
NA
Hourly
Rate
2.2-2
Pump Rig, 13 -29 ton
NA
Hourly
Rate
2.2-3
Pump Rig, 30 - 49 ton & Larger with Walking Beam
NA
Hourly
Rate
2.2-4
Pump Rig, 30 - 49 ton & Larger
NA
Hourly
Rate
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2.2-5
Pump Rig, 50 ton & larger with Walking Beam
NA
Hourly
Rate
2.2-6
Pump Rig, 50 ton & larger
NA
Hourly
Rate
2.2-7
Backhoe
NA
Hourly
Rate
2.2-8
Skip Loader
NA
Hourly
Rate
Type 3 Equipment(Mob / Demob for each Item
Includes both setup and tear down)
Unit Cost
Unit of
Measure
2.3-1
Cable Tool Drill Rig (20W or 22W)
NA
Hourly
Rate
2.3-2
Cable Tool Drill Rig (20W or 22W) Mob / Demob
NA
Lump Sum
2.3-3
Cable Tool Drill Rig (28L or 60L)
NA
Hourly
Rate
2.3-4
Cable Tool Drill Rig (28L or 60L) Mob / Demob
NA
Lump Sum
2.3-5
Cable Tool Drill Rig (36L or 48L)
NA
Hourly
Rate
2.3-6
Cable Tool Drill Rig (36L or 48L) Mob / Demob
NA
Lump Sum
2.3-7
Test Pump Assembly (0-100 gpm)
NA
Hourly
Rate
2.3-8
Test Pump Assembly (0-100 gpm) Mob / Demob
NA
Lump Sum
2.3-9
Test Pump Assembly (101-500 gpm)
NA
Hourly
Rate
2.3-10
Test Pump Assembly (101-500 gpm) Mob / Demob
NA
Lump Sum
2.3-11
Test Pump Assembly (1501-2500 gpm)
NA
Hourly
Rate
2.3-12
Test Pump Assembly (1501-2500 gpm) Mob / Demob
NA
Lump Sum
2.3-13
Test Pump Assembly (501-1500 gpm)
NA
Hourly
Rate
2.3-14
Test Pump Assembly (501-1500 gpm) Mob / Demob
NA
Lump Sum
2.3-15
Test Pump Engine & Fuel (300 HP & Below)
NA
Hourly
Rate
2.3-16
Test Pump Engine & Fuel (300 HP & Below) Mob /
Demob
NA
Lump Sum
Docusign Envelope ID: 7FD58D0B-2ED0-447B-A811-09F323BEA6B9
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2.3-17
Test Pump Engine & Fuel (301 HP through 500 HP)
NA
Hourly
Rate
2.3-18
Test Pump Engine & Fuel (301 HP through 500 HP) Mob
/ Demob
NA
Lump Sum
2.3-19
Test Pump Engine & Fuel (501 HP through 750 HP)
NA
Hourly
Rate
2.3-20
Test Pump Engine & Fuel (501 HP through 750 HP) Mob
/ Demob
NA
Lump Sum
2.3-21
Test Pump Operator & Fuel (751 HP through 1,000 HP)
NA
Hourly
Rate
2.3-22
Test Pump Operator & Fuel (751 HP through 1,000 HP)
Mob / Demob
NA
Lump Sum
Type 5, Special Contractor Owned Equipment/Tool
Rental. (Contractor to add description of
Specialized Contractor Owned Equipment not listed
above.)
Unit Cost
Unit of
Measure
2.4-1
Vibration Analyzer
$200.00
Hourly
Rate
2.4-2
Alignment Equipment
$250.00
Per Day
2.4-3
NA
Hourly
Rate
2.4-4
NA
Hourly
Rate
2.4-5
NA
Hourly
Rate
2.4-6
NA
Hourly
Rate
2.4-7
NA
Hourly
Rate
2.4-8
NA
Hourly
Rate
2.4-9
NA
Hourly
Rate
2.4-10
NA
Hourly
Docusign Envelope ID: 7FD58D0B-2ED0-447B-A811-09F323BEA6B9
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Rate
Section 3: Contractor / Non OEM Parts and
Equipment
Type 1
Contractor Parts / Equipment Markups
Mark Up Example: (15% Markup = Cost x 1.15)
3.1
Parts Markup for Items with an invoiced cost less than
$9,999 / Ea
20%
3.2
Parts Markup for Items with invoiced cost of greater
than $10,000 / Ea
18%
3.3
Subcontractor Markup
15%
3.4
Rental Equipment Markup
15%
Section 4, OEM Parts and Equipment
Catalog Date and title
%
Discount
From List
Price
BLOWERS
4.1
Gardner Denver
NA
%
4.2
Kaeser Co-Pak Pluss
NA
%
4.3
Ingersoll Rand
NA
%
4.4
Roots Rotary Lobe Blower
NA
%
4.5
HIS/Atlas Copco
NA
%
4.6
United Blower
NA
%
4.7
Spencer
NA
%
PUMPS
4.8
Flygt Submersible Pumps
NA
%
4.9
Grundfos Pumps
NA
%
4.10
Simflo Pumps
NA
%
4.1
Goulds Pumps
NA
%
4.12
Fairbanks Morse Pumps
NA
%
4.13
Gorman Rupp
NA
%
4.14
Wemco
NA
%
4.15
Peerless
NA
%
Docusign Envelope ID: 7FD58D0B-2ED0-447B-A811-09F323BEA6B9
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4.16
Paco Pumps
NA
%
4.17
Flowserve Pumps
NA
%
4.18
Vanton Pump
NA
%
MOTORS
4.19
G.E.
NA
30%
4.20
U.S.
NA
40%
4.21
Baldor
NA
25%
4.22
Toshiba
NA
40%
4.23
TECO/Westinghouse
NA
40%
4.24
WEG
NA
40%
CLARIFIERS
4.25
EIMCO Clarifier OEM Parts
NA
%
4.26
Walker
NA
CHEMICAL METERING PUMPS
4.27
Milton Roy
NA
%
4.28
Wallace and Tiernan (US Filter)
NA
%
4.29
Prominent
NA
%
4.30
Alldos
NA
%
4.31
Seepex
NA
%
4.32
Moyno
NA
%
4.33
Brendal Hose Pumps
NA
%
4.44
Wanner Engineering/Hydra cell
NA
%
4.35
UGSI
NA
%
4.36
Pulsefeeders
NA
%
SCRUBBERS, EXHAUST FANS, VAPEX UNITS
4.37
US Filter
NA
%
4.38
Vapex
NA
%
DEWATERING EQUIPMENT-BELT FILTER PRESSES,
SLUDGE THICKENERS, PACKAGED POLYMER SYSTEMS
4.39
Ashbrooke Simon-Hartley
NA
%
VALVES & ACTUATORS
4.40
Cla-Val
NA
%
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4.41
DeZurick Valves
NA
%
4.42
Watts
NA
%
4.43
Keystone
NA
%
4.44
Techno
NA
%
4.45
Vaimen
NA
%
4.46
Baski
NA
%
4.47
Indelac actuators
NA
%
4.48
Koei actuators
NA
%
4.49
Auma
NA
%
4.50
Rotork
NA
%
4.51
EIM
NA
%
MIXERS
4.52
Philidelphia Mixers
NA
%
4.53
Lightnin
NA
%
WATER FILTERS
4.54
Tekleen
NA
%
ELECTRICAL CONTROLS
4.55
Allen Bradley
NA
%
4.56
Modicon/Schneider Electric PLC
NA
%
Applicable Tax Rate
Work done in Chandler: _7.8____%
All other Phoenix Rate __8.6_____%
%
Docusign Envelope ID: 7FD58D0B-2ED0-447B-A811-09F323BEA6B9
CITY OF CHANDLER
NOTICE OF REQUEST FOR PROPOSAL PW2-936-4357
Page 1 of 43
SOLICITATION TITLE:
Water and Wastewater Equipment
Maintenance and Repair Services
SOLICITATION NO.:
PW2-936-4357
PROPOSAL DUE DATE:
July 6, 2021
PROPOSAL DUE TIME:
4:00 pm local Arizona time
SUBMIT TO:
Via email to:
raquel.mcmahon@chandleraz.gov
Email and attachments may not exceed 50 MB
PRE-PROPOSAL CONFERENCE:
June 22, 2021
10:00 am local Arizona time
CONFERENCE ATTENDANCE:
Dial In: 415-655-0001
Meeting Number: 145 731 9500
CONTACT:
Raquel McMahon, CPPB
Procurement Officer
Phone: (480) 782-2407
Email: raquel.mcmahon@chandleraz.gov
ISSUE DATE:
June 4, 2021
Proposals for the commodity or service specified will be received by the Purchasing Division, City of
Chandler, via email to raquel.mcmahon@chandleraz.gov, until the time and date cited above.
Proposals must be received in the email inbox of the responsible Procurement Officer on or prior
to the exact time and date indicated above.
Instructions for preparing proposals are provided on the following pages.
RFP Summary: The City is requesting proposals from qualified offerors to provide the City
with water and wastewater equipment maintenance and repair services pursuant to the
attached agreement.
CITY OF CHANDLER
NOTICE OF REQUEST FOR PROPOSAL PW2-936-4357
Page 2 of 43
INFORMATION AND INSTRUCTIONS TO PROPOSERS
1.
Vendor Registration. Proposers must register via the on-line vendor registration system
to automatically receive notification of addenda to this solicitation or notice of other
solicitation
opportunities.
Visit
https://www.chandleraz.gov/business/vendor-
services/purchasing, select Vendor Registration and Management.
2.
Addendum. This RFP may only be modified by a written addendum. Proposers are
responsible for obtaining all addenda. A Proposer must not rely on verbal responses to
inquiries. A verbal reply to an inquiry does not constitute a modification of the solicitation.
3.
Late Proposals. Late proposals will not be accepted. It is the sole responsibility of the
Proposer to ensure that its proposal is received at or prior to the exact date and time
indicated on the Notice Page. The time stamp of the City’s email system will govern
timeliness of submission.
4.
Cost of Proposal Preparation. The City will not reimburse any Proposer the cost of
responding to a solicitation.
5.
Duty to Examine. It is the responsibility of each Proposer to examine the entire
solicitation, seek clarification and make inquiries, and examine its proposal for accuracy
before submitting it. Lack of care in preparing a proposal will not be grounds for modifying
or withdrawing the proposal after the due date and time, nor will it give rise to any claim.
6.
Inquiries. Any inquiry related to this solicitation, including any requests for or inquiries
regarding standards referenced in the solicitation must be directed solely to the
Procurement Officer listed on the cover page of the solicitation. Proposers will not contact
or direct inquiries concerning this solicitation to any other City employee unless the
solicitation specifically identifies a person other than the Procurement Officer as a contact.
All inquiries, except those at the Pre-Proposal Conference, should be submitted in writing
and refer to the appropriate solicitation number, page and paragraph. The City will
consider the relevancy of all inquiries but is not required to respond in writing.
Any inquiry must be submitted as soon as possible and should be submitted at least ten
days before the proposal due date and time for review and determination by City. Failure
to do so may result in the inquiry not being addressed in a solicitation addendum.
7.
Remote Attendance at Pre-Proposal Conference. The City may offer remote attendance
at the Pre-Proposal Conference via a City-hosted dial-in meeting. If remote attendance is
offered, meeting details will be provided on the Notice Page. Interested Offerors attending
remotely may be required to register and provide, at a minimum, attendee name and
company name.
Remote attendance is provided as a courtesy. Attendees are responsible for all aspects of
their attendance. The City will not provide technical support for remote attendance.
8.
Exceptions to the Solicitation. Any exception to the solicitation must be submitted as
CITY OF CHANDLER
NOTICE OF REQUEST FOR PROPOSAL PW2-936-4357
Page 3 of 43
soon as possible and should be submitted at least ten days before the proposal due date
and time for review and determination by City. Failure to do so may result in the exception
not being addressed in a solicitation addendum.
9.
Proposal Amendment or Withdrawal. A proposal may be withdrawn at any time before
the due date and time. A proposal may not be amended or withdrawn after the due date
and time except as otherwise provided by applicable law.
10.
Unit Price Prevails. In the case of discrepancy between the unit price or rate and the
extension of that unit price or rate, the unit price or rate will govern.
11.
Non-Collusion and Non-Discrimination. By signing and submitting the proposal, the
Proposer certifies that the Proposer did not engage in collusion or other anti-competitive
practices in connection with the preparation or submission of its proposal; and the
Proposer does not discriminate against any employee or applicant for employment or
person to whom it provides services because of race, color, religion, age, sex, national
origin, or disability, and that it complies with all applicable Federal, state and local laws and
executive orders regarding employment.
12.
Waiver and Rejection Rights. The City reserves the right to waive any immaterial defect
or informality; or reject any or all proposals, or portions thereof; or reissue the Request for
Proposal; and will be the sole judge of the merits of the proposals received.
13.
Proposal Opening. Proposals will be opened as indicated on the Notice Page, unless
amended in writing by the Procurement Officer issuing the solicitation. The name of each
Proposer will be public information following the proposal opening. No other information
will be publicly disclosed at that time.
14.
Public Record. All proposals submitted in response to this solicitation and all evaluation
related records will become property of City and will become a matter of public record for
review, subsequent to publication by the City of the proposed award in the agenda for the
City Council Meeting, or upon award by the appropriate approving authority or as
otherwise required by law.
15.
Confidential Information. A request for nondisclosure of data such as trade secrets or
other proprietary information must be submitted with the proposal and must contain the
basis for the request. Any information included in the request must be submitted as a
separate file. Price is not confidential and will not be withheld. A blanket statement of
confidentiality will not be considered. It is the Proposer’s responsibility to identify and
segregate the information in the proposal provided to the City.
The City will review all requests for confidentiality and may approve or deny all or portions
of the request. Information denied confidentiality will be released as public information. In
the event of a public records request for information granted confidentiality, the City will
endeavor provide 48-hours’ notice before releasing materials in order for the Proposer to
apply for a court order blocking the release of the information.
CITY OF CHANDLER
NOTICE OF REQUEST FOR PROPOSAL PW2-936-4357
Page 4 of 43
16.
Proposal Acceptance Period. All proposals will remain valid for 120 days after the day of
the opening of proposals. The City may, at its sole discretion, release any proposal and
return any security (as applicable) prior to that date. No Proposer may withdraw a
proposal during this period without written permission from the City. Should any Proposer
refuse to enter into an agreement, under the terms and conditions of the procurement, the
City may retain any security (as applicable) as liquidated damages.
17.
Discussions with Proposers and Revisions to Proposals. Discussions and additional
investigations may be conducted with responsible Proposers who submit proposals
determined to be reasonably susceptible of being selected for award for the purpose of
clarification to assure full understanding of, and responsiveness to, the solicitation
requirements. Proposers will be accorded fair and equal treatment with respect to any
opportunity for discussion and revision of proposals, and such revisions may be permitted
after submissions and prior to award for the purpose of obtaining best and final proposals.
In conducting discussions, there will be no disclosure of any information derived from
proposals submitted by competing Proposers. The purposes of such discussions will be to:
determine in greater detail such Proposer’s qualifications; explore with the Proposer the
scope and nature of the project, the Proposer’s proposed method of performance, and the
relative utility of alternate methods of approach; determine that the Proposer will make
available the necessary personnel and facilities to perform within the required time;
agreeing upon compensation, which is fair and reasonable, taking into account the
estimated value of the required services, and the scope, complexity and nature of such
services.
18.
Clarifications. City reserves the right to obtain Proposer clarifications where necessary to
arrive at full and complete understanding of Proposer’s product, service, and solicitation
response. Clarification means a communication with a Proposer for the purpose of
eliminating ambiguities in the proposal and does not give Proposer an opportunity to
revise or modify its proposal.
19.
Agreement Negotiations. City reserves the right to conduct exclusive or concurrent
negotiations with responsible Proposer(s) for the purpose of agreeing to the conditions,
terms and price of the proposed agreement unless prohibited. Proposers will be accorded
fair and equal treatment in conducting negotiations and there will be no disclosure of any
information derived from proposals submitted by competing Proposers. Exclusive or
concurrent negotiations will not constitute an agreement award nor will it confer any
property rights to the successful Proposer. In the event the City deems that negotiations
are not progressing, the City may formally terminate these negotiations and may enter into
subsequent concurrent or exclusive negotiations with the next most qualified Proposer(s).
20.
Payment. Proposers may agree to accept the City Procurement Card (Mastercard) for
payment. Proposers should indicate on the Proposer Information and Offer Section of this
RFP, their willingness to accept City Procurement Card payments. The inability to accept
payment by City Procurement Card will not disqualify a Proposer’s response.
Proposers may also agree to accept other traditional payment methods, including
automated clearinghouse (ACH). Payment terms for traditional payment methods are Net
CITY OF CHANDLER
NOTICE OF REQUEST FOR PROPOSAL PW2-936-4357
Page 5 of 43
30 upon receipt of an accurate invoice. Proposers may propose additional discounts for
early payment within their proposal.
21.
Local Business Consideration. Where the Chandler Administrative Regulation MS-16
Local Business Consideration is applicable, any applicable Chandler Transaction Privilege
Tax will be deducted from the net cost for the purpose of evaluation.
22.
Protests. A protest must be in writing and be filed with the Purchasing Division. To be
considered filed, a protest must be submitted via email to the Procurement Officer
identified on the Notice Page.
A protest of a solicitation must be received not less than five days before the solicitation
opening date.
A protest of a proposed award requiring City Council approval must be filed within five
calendar days of the first posting of the award recommendation. Award recommendations
are posted on the Purchasing web site at www.chandleraz.gov/purchasing and/or the City
Clerk web site at http://www.chandleraz.gov/default.aspx?pageid=1007 If the protest due
date occurs on a weekend or holiday, the protest must be filed the next business day.
A protest of an award not requiring City Council approval (less than $50,000 or $30,000
for Consultants) must be submitted within ten calendar days of the date the protester
knows or should have known the basis of the protest.
A protest must include:
•
The name, address and telephone number of the protester;
•
The signature of the protester or its representative;
•
Identification of the project and the solicitation or agreement number;
•
A detailed statement of the legal and factual grounds of the protest including copies
of relevant documents; and the form of relief requested.
The City will review the protest and may issue a written response.
23.
Award. Unless otherwise provided in this solicitation, the City reserves the right to make
multiple awards, award by item, group or as a total, as is deemed most advantageous to
the City.
24.
Execution of Agreement. Within ten days of notice that Proposer is the recommended
awardee, Proposer will execute and return the Agreement to Purchasing.
25.
Persons with Disabilities. Persons with a disability may request a reasonable
accommodation, such as a sign language interpreter, by contacting the Procurement
Officer. Requests must be made as early as possible to allow time to arrange the
accommodation.
CITY OF CHANDLER
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PROPOSAL CONTENT
Proposers must submit one copy of the proposal via email to the responsible Procurement
Officer. The REQUEST FOR PROPOSAL TITLE, NUMBER AND OFFEROR NAME should be in the
subject line of the email. Emails and attachments may not exceed 50 MB in size. Attachments
should be in .pdf format and named with the RFP number and Offeror name. A single email is
preferred, however multiple emails are permissible provided that all are received prior to the
due date and time.
Proposals should include the following information in the order listed:
1.
Completed Proposer Information and Offer Section. Complete and submit the Proposer
Information and Offer Section in the format provided in this solicitation. Failure to do so
may result in the proposal being rejected as non-responsive. The Proposer Information and
Offer Section within the solicitation must include a signature by a person authorized to sign
the proposal. The signature must signify the Proposer’s intent to be bound by its Proposal
and the terms of the solicitation and that the information provided is true, accurate and
complete.
2.
Responses to Proposal Evaluation Criteria. Submit information requested in the
Evaluation Criteria Section provided in this solicitation. Forms, such as pricing forms, must
be completed in the format provided in the solicitation. Failure to do so may result in the
proposal being rejected as non-responsive.
3.
Exceptions to Agreement. The City’s standard Agreement is included as a part of this
solicitation. By submitting a proposal, the Proposer acknowledges having reviewed the
Agreement. Any exceptions to the Scope of Work or Specifications or to Agreement terms
and conditions must be included with the proposal and be clearly identified. Exceptions
not included in the proposal may not be introduced in the future. Any exceptions to the
Scope of Work, Specifications or the Agreement language will be considered and included
in City’s evaluation of the proposal. A proposal that takes exception to a material
requirement of any part of the Scope of Work, Specifications or Agreement language may
be rejected as non-responsive.
4.
Disclosure. If the Proposer has been debarred, suspended or otherwise lawfully
precluded from participating in any public procurement activity, including being
disapproved as a subcontractor with any Federal, state or local government, or if any such
preclusion is currently pending, the Proposer must make disclosure. In the proposal, the
Proposer must include information including the name and address of the governmental
entity, the effective date and duration of this suspension or debarment, and the relevant
circumstances. The City reserves the right to reject a proposal received from a Proposer,
including each of its principals, who is currently debarred, suspended or otherwise lawfully
prohibited from any public procurement activity.
CITY OF CHANDLER
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PROPOSER INFORMATION AND OFFER SECTION
Company Name
Business Type (Corporation, Partnership,
etc.)
State of Incorporation (if applicable)
Federal Tax I.D. No.
Address
City, State, Zip
Authorized Signature
Name and Title
Contact Name
Title
Telephone
E-mail
Chandler Transaction Privilege Tax (TPT)
No. (if applicable)
Date of issue:
Is proposed purchase subject to TPT?
_______yes _______no
Will you accept a City Procurement Card
(MasterCard) for payment of invoices?
_______yes _______no
If you accept a MasterCard for payment,
do you charge a fee?
_______yes _______no If yes, what is the
fee?______
Will you accept automated clearinghouse
(ACH) for payment of invoices?
_______yes _______no
Prompt Payment Terms Offered
_______% Net _________ days
Disclosure of Debarment or Suspension
_______yes _______no
(If yes, please attach description of the circumstances)
Exceptions Taken
_______yes _______no
(If yes, please attach a clearly identified section)
Date Addendum #1
Acknowledged/Received
Date Addendum #2
Acknowledged/Received
Date Addendum #3
Acknowledged/Received
Keller Electrical Industries, LLC
Corporation -LLC-C
Arizona
86-0390056
1881 E. University Drive
Phoenix, AZ 85034
Cody Eslick Senior Vice President/ GM
Dwight Groth
Vice President - Sales
602-437-3015
sales@kellerelectrical.com
AZ-07255464
TBD
X
X
0
X
X
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EXHIBIT A
SCOPE OF WORK
1.
SCOPE
The purpose of this contract is to provide equipment repair for various City departments,
which currently include Water Production, Wastewater Treatment, Wastewater Collection,
Reverse Osmosis, Solid Waste and Streets. The contract is separated into Six categories as
indicated below. (Note Proposers can offer on any number of categories they can
provide)
1.1
Water Treatment and Booster Facilities Pump and Process Equipment Sales and Maintenance.
This work will take place at the City's Pecos Water Treatment Facility and reservoir / booster
stations at various locations throughout the City. This category will Include work on all types
of pumps, valves and process equipment common to water treatment and booster station
facilities.
1.2
Wastewater Treatment and Lift Station Pump and Process Equipment Sales and
Maintenance.
This work will take place at the City's Airport Water Reclamation Facility, Lone Butte
Wastewater Facility, Ocotillo Water Reclamation Facility, Lift Stations and Wastewater
Facilities at various locations throughout the City. This category will Include work on all
types of pumps, valves and process equipment common to wastewater treatment and lift
station facilities.
1.3
Potable Well, Aquifer Storage and Recovery Well (ASR), Monitor Well, and Leachate recovery
well pump and Equipment Sales and Maintenance.
This work will take place at various well locations throughout the City. This category will
Include work on both Line shaft and Submersible type well pump systems, well
maintenance, rehabilitation and repair, as well as work on all types of pumps, valves and
process equipment common to potable, ASR and monitor well and leachate recovery
facilities.
1.4
Chandler Reverse Osmosis Plant Pumps and Process Equipment Sales and Maintenance.
This work will take place at the City's Reverse Osmosis Facility. This category will Include
work on all types of pumps, valves and process equipment common to Industrial reverse
osmosis water treatment facilities.
1.5
Other City Facilities
This work will take place at the City's other facilities such as City owned buildings, parks,
pools, and street storm water facilities. This category will include work on all types of
pumps, motors and equipment common to these facilities.
1.6
OEM Parts and Service
This work will take place at any of the city Facilities. This category is for work to be
performed by the authorized manufacturer’s representative for the OEM products listed in
Section 4 of the price page.
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2. RESPONSE TIME
2.1.
Water Treatment and Booster Facilities Pump and Process Equipment Sales and Maintenance.
CONTRACTOR shall commence work within 5-calendar days of notification from CITY for all
non-emergency calls.
CONTRACTOR shall commence work within 4 days of notification from CITY for all emergency
calls.
CONTRACTOR shall commence work on warranty repairs within the same time frame
specified for non-emergency and emergency calls.
2.2.
Wastewater Treatment and Lift Station Pump and Process Equipment Sales and
Maintenance.
CONTRACTOR shall commence work within 5 days of notification from CITY for all non-
emergency calls.
CONTRACTOR shall commence work within 24 hours of notification from CITY for all
emergency calls.
CONTRACTOR shall commence work on warranty repairs within the same time frame
specified for non-emergency and emergency calls.
2.3.
Potable Well, Aquifer Storage and Recovery Well (ASR), Monitor Well, and Leachate
recovery well pump and Equipment Sales and Maintenance.
CONTRACTOR shall commence work within 10 days of notification from CITY for all non-
emergency calls.
CONTRACTOR shall commence work within 24 hours of notification from CITY for all
emergency calls.
CONTRACTOR shall commence work on warranty repairs within the same time frame
specified for non-emergency and emergency calls.
2.4.
Chandler Reverse Osmosis Plant Pumps and Process Equipment Sales and Maintenance.
CONTRACTOR shall commence work within 5-calendar days of notification from CITY for all
non-emergency calls.
CONTRACTOR shall commence work within 4 days of notification from CITY for all emergency
calls.
CONTRACTOR shall commence work on warranty repairs within the same time frame
specified for non-emergency and emergency calls.
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2.5.
Other City Facilities
CONTRACTOR shall commence work within 5-calendar days of notification from CITY for all
non-emergency calls.
CONTRACTOR shall commence work within 4 days of notification from CITY for all emergency
calls.
CONTRACTOR shall commence work on warranty repairs within the same time frame
specified for non-emergency and emergency calls.
2.6.
OEM Parts and Service
CONTRACTOR shall commence work within 5-calendar days of notification from CITY for all
non-emergency calls.
CONTRACTOR shall commence work within 4 days of notification from CITY for all emergency
calls.
CONTRACTOR shall commence work on warranty repairs within the same time frame
specified for non-emergency and emergency calls.
3. WORK ESTIMATES AND COMPLETION TIME
Prior to CONTRACTOR performing any repair work, CONTRACTOR will be required to provide
CITY a written report including condition of equipment, recommended repairs and cost of
repairs. CONTRACTOR will be allowed to remove and disassemble the equipment prior to
providing CITY written estimate. The written estimate will be required 72 hours after
equipment has been removed.
CONTRACTOR will be required to repair and reinstall equipment within 10 working days from
approval of the work. This requirement will be adjusted if parts delivery exceeds 10 days.
4.
REPLACEMENT PARTS
CITY may purchase replacement pumps, motors, and other related equipment from
CONTRACTOR. The price to be paid to CONTRACTOR by CITY will be billed at the invoice price
multiplied by the factor listed on Exhibit C. The factor listed will be CONTRACTOR’s
compensation for handling. CONTRACTOR shall include invoices for any parts for which he is
seeking reimbursement. All replacement parts supplied must meet all manufacturer's
specifications.
CONTRACTOR may be required to provide pricing of repair parts for specific jobs prior to CITY
authorizing purchase of the parts from CONTRACTOR. CITY reserves the right to purchase
pumps, motors, and other related equipment directly from the manufacturer or from other
vendors if it is in CITY's best interest.
5.
SUPERVISION BY THE CONTRACTOR
CONTRACTOR will supervise and direct all work. CONTRACTOR shall be solely responsible
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for
the
means,
methods,
techniques,
sequences
and
procedures
performed.
CONTRACTOR will employ and maintain on the work a qualified supervisor or
superintendent, which shall be designated in writing by CONTRACTOR as CONTRACTOR's
representative at the site. The supervisor shall have full authority to act on behalf of
CONTRACTOR and all communications given to the supervisor shall be as binding as of
given to CONTRACTOR. The supervisor shall be present on the site at all times as required
to perform adequate supervision and coordination of the work.
6.
INSPECTION
CITY Staff may monitor the work site and report to the Contract Administrator as to the
progress of the Work, the manner in which it is being performed, and if material furnished
and work performed by CONTRACTOR fails to fulfill the requirements of the Contract. CITY
Staff may direct the attention of CONTRACTOR to such failure or infringement but such
inspection shall not relieve CONTRACTOR from any obligation to furnish acceptable materials
or to provide completed work that complies with the Contract.
In the case of any dispute arising between CITY staff and the CONTRACTOR as to material
furnished or the manner of performing work, CITY Staff shall have the authority to reject
materials or suspend the work until the question and issue can be resolved
7.
VIBRATION ANALYSIS
Repairs performed under this contract will be subject to vibration analysis and must comply
with manufacturers specifications.
8.
SAFETY PROCEDURES
CONTRACTOR will be responsible for coordinating their activities with CITY. Prior to the
start of work, CONTRACTOR and CITY will perform a Pre-job briefing to discuss and plan for
dealing with relevant safety issues such as lockout tag-out and confined space exposures.
CONTRACTOR will be responsible to properly lockout tag- out electrical hazards and ensure
there is a plan to deal with other work related hazards.
9.
DISINFECTION
CONTRACTOR will be responsible for disinfection of all potable water equipment with NSF
approved products prior to and during installation in accordance with Maricopa County
Health Code, Chapter V, Water Supply R9-8-266.
10.
CLEANUP
CONTRACTOR shall remove all debris and other materials from the work site after the
completion of work.
11.
PROTECTION OF FINISHED OR PARTIALLY FINISHED WORK
CONTRACTOR shall properly secure the work site and protect all finished or partially finished
work.
12.
DISPOSAL OF WASTE
CONTRACTOR will be responsible for disposal of all waste products including but not limited
to oil baled from a well, debris, etc. at a legal off-site location. ANY DISPOSAL OF WASTE
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PRODUCTS OR UNUSED MATERIALS SHALL CONFORM TO APPLICABLE FEDERAL, STATE, AND
LOCAL REGULATIONS. Copies of disposal documentation shall be provided to CITY upon
request.
13.
WRITTEN COMPLETION REPORTS
CONTRACTOR shall submit a written completion report to CITY within 30 days of completion
of work, which details work completed. The report for pump repair shall include depth of
setting, bowl size and make, tube and shaft size and make, depth of well water level and other
pertinent information. The report shall include a daily log that accounts for all hours and
materials billed to the job. CITY will not make payment prior to receiving this report.
14.
The contractor shall follow the Electrical Motor service and Repair Acceptance Policy attached
as Exhibit for all electric motor repair
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EVALUATION CRITERIA
Evaluation Criteria: The evaluation criteria are listed below in their relative order of importance.
The offer should contain responses to all of the specific information requested below. The
Offeror’s submittal should be organized by section based on the listed criteria.
Qualifications and Experience
40%
1. Provide a brief history of the company including number of years in business, primary
business focus and number of years providing the services described in the Scope of Work.
2. Provide resumes or statements of qualifications for all proposed key personnel. Identify
the role of each individual and describe the reporting structure for oversight ensuring
quality services.
3. Provide a minimum of five references that include, Name of Customer, Contact name
phone number, and email, how long you have provided service and type of service
provided.
Resources and Response Time
30%
4. Provide a list of equipment available to perform the scope of work. Include if it is owned or
rented.
5. Provide proposed response time if different then that listed in exhibit A
Price Proposal
30%
6. Complete and submit Exhibit B, Price Proposal Page.
7. Indicate the manufacturers that your firm is an authorized distributor for in section 4 of the
price sheet. Include letters from manufactures of products you distribute stating if your
company is an authorized distributor.
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EXHIBIT B
PRICE PROPOSAL PAGE
Complete price pages attached to end of solicitation.
1. Proposers should indicate the applicable tax rate in the last line of Exhibit B “tax”.
2. If proposers can offer additional OEM products to those listed in Exhibit B that would be
applicable to the contract, proposers can furnish a separate sheet with the OEM Manufacturer
name, type of product, catalog date and title, discount from catalog and a letter from the
manufacturers that stating your firm is an authorized OEM provider for products offered.
CITY OF CHANDLER
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City Clerk Document No.
City Council Meeting Date:
CITY OF CHANDLER SAMPLE SERVICES AGREEMENT
WATER AND WASTEWATER EQUIPMENT MAINTENANCE AND REPAIR Services
CITY OF CHANDLER AGREEMENT NO. PW2-936-4357
THIS AGREEMENT (Agreement) is made and entered into by and between the City of Chandler, an
Arizona municipal corporation (City), and [INSERT NAME OF SERVICE PROVIDER], [INSERT
JURISDICTION AND BUSINESS ORGANIZATION] (Contractor), (City and Contractor may individually
be referred to as Party and collectively referred to as Parties) and made
, 20
(Effective Date).
RECITALS
A. City proposes to provide water and wastewater equipment maintenance and repair services 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, or corporation named in the Agreement
Days means calendar days
May, Should means something that is not mandatory but permissible
Shall, Will, Must means a mandatory requirement
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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.
The term of the Agreement is TWO years, and begins on _________ and ends on _________ unless
sooner terminated in accordance with the provisions of this Agreement. The City and the
Contractor may mutually agree to extend the Agreement for up to TWO additional terms of TWO
years, or portions thereof. The City reserves the right, at its sole discretion, to extend the
Agreement for up to 60 days beyond the expiration of any extension term.
SECTION lV: PAYMENT OF COMPENSATION AND FEES
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 [INSERT NUMERICAL FULL AGREEMENT AMOUNT]. 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. Contractor bears all responsibility and liability for any and all tax
obligations that result from Contractor’s performance under this Agreement.
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
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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
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
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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.
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,
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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:_________________________________________ Name:_____________________________________
Title: _________________________________________ Title:______________________________________
Address: ______________________________________ Address: __________________________________
_________________________________________ _____________________________________
Phone:________________________________________ Phone: ____________________________________
Email: ________________________________________ Email:_____________________________________
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
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.
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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
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).
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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.RS. §§ 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 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.
5.23 Non-Waiver Provision. The failure of either Party to enforce any of the provisions of this
Agreement or to require performance of the other Party of any of the provisions hereof must
not be construed to be a waiver of such provisions, nor must it affect the validity of this
Agreement or any part thereof, or the right of either Party to thereafter enforce each and
every provision.
5.24 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
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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.
5.25 Data Confidentiality and Data Security. As used in the Agreement, data means all
information, whether written or verbal, including plans, photographs, studies, investigations,
audits, analyses, samples, reports, calculations, internal memos, meeting minutes, data field
notes, work product, proposals, correspondence and any other similar documents or information
prepared by, obtained by, or transmitted to 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,
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.
5.26 Personal Identifying Information-Data Security. Personal identifying information,
financial account information, or restricted City information, whether electronic format or
hard copy, must be secured and protected at all times by Contractor and any of its
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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.
5.27 Jurisdiction and Venue. This Agreement is made under, and must be construed in
accordance with and governed by the laws of the State of Arizona without regard to the
conflicts or choice of law provisions thereof. Any action to enforce any provision of this
Agreement or to obtain any remedy with respect hereto must be brought in the courts
located in Maricopa County, Arizona, and for this purpose, each Party hereby expressly and
irrevocably consents to the jurisdiction and venue of such court.
5.28 Survival. All warranties, representations, and indemnifications by the Contractor must
survive the completion or termination of this Agreement.
5.29 Modification. Except as expressly provided herein to the contrary, no supplement,
modification, or amendment of any term of this Agreement will be deemed binding or
effective unless in writing and signed by the Parties.
5.30 Severability. If any provision of this Agreement or the application to any person or
circumstance may be invalid, illegal or unenforceable to any extent, the remainder of this
Agreement and the application will not be affected and will be enforceable to the fullest
extent permitted by law.
5.31 Integration. This Agreement contains the full agreement of the Parties. Any prior or
contemporaneous written or oral agreement between the Parties regarding the subject
matter is merged and superseded.
5.32 Time is of the Essence. Time of each of the terms, covenants, and conditions of this
Agreement is hereby expressly made of the essence.
5.33 Date of Performance. If the date of performance of any obligation or the last day of any
time period provided for should fall on a Saturday, Sunday, or holiday for 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
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Agreement, any performance provided for herein will be timely made if completed no later
than 5:00 p.m. (Chandler time) on the day of performance.
5.34 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.
5.35 Third Party Beneficiary. Nothing under this Agreement will be construed to give any
rights or benefits in the Agreement to anyone other than the City and the Contractor, and all
duties and responsibilities undertaken pursuant to this Agreement will be for the sole and
exclusive benefit of City and the Contractor and not for the benefit of any other party.
5.36 Conflict in Language. All work performed must conform to all applicable City of Chandler
codes, ordinances, and requirements as outlined in this Agreement. If there is a conflict in
interpretation between provisions in this Agreement and those in the Exhibits, the provisions
in this Agreement prevail.
5.37 Document/Information Release. Documents and materials released to the Contractor,
which are identified by the City as sensitive and confidential, are the City’s property. The
document/material must be issued by and returned to the City upon completion of the
services under this Agreement. Contractor’s secondary distribution, disclosure, copying, or
duplication in any manner is prohibited without the City’s prior written approval. The
document/material must be kept secure at all times. This directive applies to all City
documents, whether in photographic, printed, or electronic data format.
5.38 Exhibits. The following exhibits are made a part of this Agreement and are incorporated
by reference:
Exhibit A - Scope of Services
Exhibit E – Motor Service/Repair Policy
Exhibit B - Compensation and Fees
Exhibit C - Insurance Requirements
Exhibit D - Special Conditions
5.39 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.
5.40 Cooperative Use of Agreement. In addition to the City of Chandler and with approval of
the Contractor, this Agreement may be extended for use by other municipalities, school
districts and government agencies of the State. Any such usage by other entities must be in
accordance with the ordinance, charter and/or procurement rules and regulations of the
respective political entity.
If required to provide services on a school district property at least five times during a month,
the Contractor will submit a full set of fingerprints to the school of each person or employee
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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.
5.41 Non-Discrimination and Anti-Harassment Laws. Contractor must comply with all
applicable City, state, and federal non-discrimination and anti-harassment laws, rules, and
regulations.
5.42 Licenses and Permits. Beginning with the Effective Date and for the full term of this
Agreement, Contractor must maintain all applicable City, state, and federal licenses and
permits required to fully perform Contractor’s services under this Agreement.
5.43 Warranties. 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.
5.44 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.
5.45 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.
5.46 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.
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This Agreement shall be in full force and effect only when it has been approved and executed
by the duly authorized City officials.
FOR THE CITY
FOR THE CONTRACTOR
By: _________________________________________
By: _________________________________________
Its: ________Mayor__________________________
Its: ________________________________________
APPROVED AS TO FORM:
By: _________________________________________
City Attorney
ATTEST:
By: _________________________________________
City Clerk
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EXHIBIT A TO AGREEMENT
SCOPE OF SERVICES
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EXHIBIT B TO AGREEMENT
COMPENSATION AND FEES
THIS PAGE INTENTIONALLY BLANK
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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
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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
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testing requirements in the performance of this Contract/Agreement. The Contractor
will be responsible for any and all deductibles under these policies and the Contractor
waives all rights of recovery and subrogation against the City under the Contractor’s
Builders’ Risk/Installation Floater insurance described herein.
3. Builders’ Risk/Installation Floater Insurance must be maintained until whichever of the
following first occurs: (i) final payment has been made; or, (ii) until no person or entity,
other than the City, has an insurable interest in the property required to be covered.
a. The Builders’ Risk/Installation Floater insurance must be endorsed so that the
insurance will not be canceled or lapse because of any partial use or occupancy by
the City.
b. The Builders Risk/Installation Floater insurance must include as named insureds, the
City, the Contractor, and all tiers of subcontractors and others with an insurable
interest in the Work who will be named as additional insureds unless they are able
to provide the same level of coverage with the City and Contractor named as
additional insureds. Certificates must contain a provision that the insurance will not
be canceled or materially altered without at least 30 days advance notice to the City.
The City must also be named as a Loss Payee under the Builders’ Risk/Installation
Floater coverage.
c. The Builders Risk/Installation Floater insurance must be written using the Special
Causes of Loss policy form, replacement cost basis.
d. All rights of subrogation under the Builders Risk/Installation Floater insurance are,
by this Contract/Agreement, waived against the City, its officers, officials, agents and
employees.
e. The Contractor is responsible for payment of all deductibles under the Builders’
Risk/Installation Floater insurance policy.
Additional Policy Provisions Required.
A. Self-Insured Retentions or Deductibles. Any self-insured retentions and deductibles must be
declared and approved by the City. If not approved, the City may require that the insurer
reduce or eliminate any deductible or self-insured retentions with respect to the City, its
officers, officials, agents, employees, and volunteers.
1. The Contractor’s insurance must contain broad form contractual liability coverage.
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.
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4. Coverage provided by the Contractor must not be limited to the liability assumed under
the indemnification provisions of this Agreement.
5. The policies must contain a severability of interest clause and waiver of subrogation
against the City, its officers, officials, agents, and employees, for losses arising from
Work performed by the Contractor for the City.
6. The Contractor, its successors and or assigns, are required to maintain Commercial
General Liability insurance as specified in this Agreement for a minimum period of
three years following completion and acceptance of the Work. The Contractor must
submit a Certificate of Insurance evidencing Commercial General Liability insurance
during this three year period containing all the Agreement insurance requirements,
including naming the City of Chandler, its agents, representatives, officers, directors,
officials and employees as Additional Insured as required.
7. If a Certificate of Insurance is submitted as verification of coverage, the City will
reasonably rely upon the Certificate of Insurance as evidence of coverage but this
acceptance and reliance will not waive or alter in any way the insurance requirements
or obligations of this Agreement.
B.
Insurance Cancellation During Term of Contract/Agreement.
1. If any of the required policies expire during the life of this Contract/Agreement, the
Contractor must forward renewal or replacement Certificates to the City within ten days
after the renewal date containing all the required insurance provisions.
2. Each insurance policy required by the insurance provisions of this Contract/Agreement
shall provide the required coverage and shall not be suspended, voided or canceled
except after 30 days prior written notice has been given to the City, except when
cancellation is for non-payment of premium, then ten days prior notice may be given.
Such notice shall be sent directly to Chandler Law-Risk Management Department, Post
Office Box 4008, Mailstop 628, Chandler, Arizona 85225. If any insurance company
refuses to provide the required notice, the Contractor or its insurance broker shall
notify the City of any cancellation, suspension, non-renewal of any insurance within
seven days of receipt of insurers’ notification to that effect.
A.
City as Additional Insured. The policies are to contain, or be endorsed to contain, the
following provisions:
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.
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2. The City, its officers, officials, agents, and employees must be additional insureds to the
full limits of liability purchased by the Contractor even if those limits of liability are in
excess of those required by this Agreement.
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EXHIBIT D TO AGREEMENT
SPECIAL CONDITIONS
ACCESS TO SECURED FACILITIES
Contract Worker Access Controls, Badge and Key Access Requirements. A Contract Worker shall not be
allowed to begin work in any City facility without: (A) The prior completion and the City's acceptance of
the required background screening; and (B) when required, the Contract Worker's receipt of a City issued
badge. A badge will be issued to a Contract Worker solely for access to the City facility(s) to which the
Contract Worker is assigned. Each Contract Worker who enters a City facility must use the badge issued
to the Contract Worker. Any and all fees associated with security badging will be assessed in compliance
with Chandler City Code §4-22.
Key Access Procedures. If the Contract Worker's services require keyed access to enter a City facility(s), a
separate key issue/return form must be completed and submitted by Contractor for each key issued.
Stolen or Lost Badges or Keys. Contractor shall report lost or stolen badges or keys to the City
immediately. A new badge application or key issue form shall be completed and submitted along with
payment of the applicable fees prior to issuance of a new badge or key.
Return of Badges or Keys. All badges and keys are the property of the City and must be returned to the
City within one business day of when the Contract Worker's access to a City facility is no longer required
to furnish the services under this Agreement. Contractor shall collect a Contract Worker's badge and
key(s) upon the termination of the Contract Worker's employment; when the Contract Worker's services
are no longer required at the particular City facility(s); or upon termination, cancellation or expiration of
this Agreement.
Contractor's default under this Section shall include, but is not limited to the following: (1) Contract
Worker gains access to a City facility(s) without the proper badge or key; (2) Contract Worker uses a
badge or key of another to gain access to a City facility; (3) Contract Worker commences services under
this Agreement without the proper badge, key or Background Screening; (4) Contract Worker or
Contractor submits false information or negligently submits wrong information to the City to obtain a
badge, key or applicable Background Screening; or (5) Contractor fails to collect and timely return
Contract Worker's badge or key upon termination of Contract Worker's employment, reassignment of
Contract Worker to another City facility or upon the expiration, cancellation or termination of this
Agreement. Contractor acknowledges and agrees that the access control, badge and key requirements in
this Section are necessary to preserve and protect public health, safety and welfare. Accordingly,
Contractor agrees to properly cure any default under this Section within three business days from the
date notice of default is sent by the City. The parties agree that Contractor's failure to properly cure any
default under this Section shall constitute a breach of this Section. In addition to any other remedy
available to the City at law or in equity, Contractor shall be liable for and shall pay to the City the sum of
$1,000.00 for each breach by Contractor of this Section. The parties further agree that the sum fixed
above is reasonable and approximates the actual or anticipated loss to the City at the time and making of
this Agreement in the event that Contractor breaches this Section. Further, the parties expressly
CITY OF CHANDLER
NOTICE OF REQUEST FOR PROPOSAL PW2-936-4357
Page 35 of 43
acknowledge and agree to the fixed sum set forth above because of the difficulty of proving the City's
actual damages in the event that Contractor breaches this Section. The parties further agree that three
breaches by Contractor of this Section arising out of any default within a consecutive period of three
months or three breaches by Contractor of this Section arising out of the same default within a period of
12 consecutive months shall constitute a material breach of this Agreement by Contractor and the City
expressly reserves all of its rights, remedies and interests under this Agreement, at law and in equity
including, but not limited to, termination of this Agreement.
CITY OF CHANDLER
NOTICE OF REQUEST FOR PROPOSAL PW2-936-4357
Page 36 of 43
EXHIBIT E
Electrical motor service and repair acceptance policy
The City of Chandler will provide written documentation with each electric motor being sent in for service that will
identify contact information and why the unit is being sent in for service: Included will be any supporting test data
such as vibration, ultrasound, infrared, motor circuit analysis, or SCADA reports. This request will either accompany
the motor when picked up or dropped off by/to the service facility, or through an e-mail to service facility contact
person/department.
All work shall be performed in accordance with IEEE Std 112-2017 IEEE Standard Test Procedure for Polyphase
Induction Motors and Generators and NEMA MG1-2016 unless otherwise noted below. All work shall be documented
with pictures, test data, and written details with as found, repairs performed, material used with make and model
numbers, and final tests: Documentation should capture a complete traceable step through the repair process.
Included in the report should include a probable cause of failure (i.e. lack of lubrication, poor lubrication, electrical
surge, fatigue…): The “probable cause” will be a nonbinding statement, it is only meant to identify corrective actions for
the City of Chandler to address. If any formal failure analysis is desired by the City of Chandler, it will be requested as such
and more detail would be expected.
Prior to acceptance of a repaired motor, a service report (shop floor copies acceptable) must accompany the motor:
this should include at a minimum any issues found, what corrective actions were performed, and a list of all
material used with make and part numbers. A final report with full details is required to be sent to the City of
Chandler contact within 30 days upon delivery of the motor, and prior to payment being made.
All test equipment and accessories that will be used during the pre and post repair testing must be calibrated to
National Institute of Standards and Technology (NIST) traceable standards, calibrated and/or recertified annually,
and copies of the certificates are available if/when requested. No alterations from OEM specifications shall be
made, the exceptions being that bearings may either be SKF, Timken, or Koyo (No other exceptions) and the parts used
must be specified on documentation with exact part numbers. Any OEM modifications (other than paint color, and
insulation class noted below) must have written authorization from the City of Chandler and be included in the final
report.
Parts such as bearings, seals, and shields shall be removed with care, remain intact and damage free, and be
returned to the City of Chandler for inspection and review. Note: They should be cleaned and free of grease, dirt, or
contaminants, but only if they that can be done without creating further damage.
Whenever possible, any rewinding of motor shall be done to Insulation Class H rating accordance with NEMA MG1-
2016. The motor nameplate must be adjusted to show this change, either by changing the nameplate with the new
designation, or modify the nameplate insulation information to not be legible (strike out) and add a new permanent
label indicating new insulation class immediately adjacent to the nameplate.
The motor repair shop shall provide continuous updating of the repair process to the City of Chandler contact
person and provide the opportunity for City of Chandler personnel to witness any and all repairs and testing
procedures if desired: There must fair notice (24 hours) given ahead of such work, and written confirmation of
acceptance or refusal to attend be provided to the repair facility.
CITY OF CHANDLER
NOTICE OF REQUEST FOR PROPOSAL PW2-936-4357
Page 37 of 43
As Found Testing (by motor repair shop):
1. Visual inspection – note any and all abnormalities.
2. Insulation test using IEEE 43-2013
3. Polarization Index ratio using IEEE 43-2013
4. Phase to phase resistance using IEEE 118-1978
5. Surge test using IEEE 522-2004
6. Other tests as needed to assess condition.
After repair testing (by motor shop)
1. Rotor balance using ISO 1940/1 or ANSIS2.19-1999
2. Insulation test using IEEE 43-2013
3. Polarization Index ratio using IEEE 43-2013
4. Step Voltage (medium voltage motors) using IEEE 95-2002
5. Phase to phase resistance using IEEE 118-1978
6. Surge test using IEEE 522-2004
7. Measurements at no-load: Each phase for voltage, amperage, and speed.
8. Bearing temperature (max Fo) – external reading using a thermocouple, RTD, or Infrared camera
(a non-contact spot pyrometer is not acceptable).
9. Motor temp (max Fo) from exterior, must be measured at each end and middle at 0o, 120o and
240o relative from where motor leads exit the casing reading using a thermocouple, RTD, or
Infrared camera (a non-contact spot pyrometer is not acceptable).
10. Noise Level using ANSI/NEMA MG 1-2016
11. Vibration ISO 2372 – 10816
a. Velocity spectrum in/s: Settings of fmax at 10 times running speed, 800 LOR.
b. Demod, shock pulse, or other OEM filtered measurement: Settings of fmax at 10 times
running speed, 800 LOR.
c. Acceleration waveform ‘g’s and Spectrum: Settings of fmax 600000 CPM and for 1600 LOR
and 4096 Samples.
d. Measurement shall be taken on the same side (or 180o) where the motor leads exit the
casing and at 90o orientation (top achieve parallel and perpendicular readings) and in line
with the center of the bearing race. Note: If using a Triaxial sensor only one location is
required at each bearing and that should be 90o (in either direction) from where the motor leads
exit the casing.
CITY OF CHANDLER
NOTICE OF REQUEST FOR PROPOSAL PW2-936-4357
Page 38 of 43
Shipped /Received
1. Motor will be shipped with service report (shop notes acceptable, but must be complete)
2. Motor will be shipped/accepted with no oil in reservoir.
3. Any greased bearings shall lubricant shall be Mobil Polyrex EM or Mobil SHC 100, or an alternative
grease given to the motor shop by the customer. The service report must indicate what lubricant
(grease) product was used.
4. All bearings and bearing cavities shall be filled to OEM specifications.
At delivery
1. City will test motor with an All Test Pro AT5 de-energized motor circuit analyzer. Status of all of
the following parameters must indicate “OK”, and measurements with actual values or readings
between phases are within 3% of each other.
a. Resistance of windings
b. Insulation test
c. Contamination of windings
d. Phase Angle
2. Contractor or city will perform laser alignment (where required)
3. City will fill unit with oil from their supply.
4. City will wire and work with installing contractor to test for rotation (uncoupled)
5. Contractor or city will set/secure driven equipment to motor.
6. Unit will be started and after five minutes, city will perform vibration, airborne ultrasound testing,
Infrared thermography inspections on the motor and motor bearings.
7. Any abnormalities (sound/smell/vibration) will be noted and addressed with contractor and/or
motor shop.
8. If no anomalies found, the unit will stay running for at least 15 minutes up to one hour when the
unit will be shut down and oil drained and refilled with new oil.
9. When the motor accumulates 200 – 250 run hours, a new set of vibration, ultrasound, and
infrared date will be collected and analyzed.
For oil filled units: An oil sample will be collected and sent out to a contracted lab for
analysis.
There should be no more than a 5% change in readings from initial base line data.
10. Any unexplainable change in testing levels or performance will require a corrective response by
the installing contractor and/or motor shop.
1) Water Treatment and Booster Facilities Pump and Process Equipment
Sales and Maintenance.
2) Wastewater Facilities and Lift Station Pump and Process Equipment
Sales and Maintenance.
3) Potable Well, Injection Well, Aquifer Storage and Recovery Well (ASR),
Monitor Well, and Leachate recovery well pump and Equipment Sales
and Maintenance.
4) Chandler Reverse Osmosis Plant Pumps and Process Equipment
Sales and Maintenance.
5) Other City Facilities
5) OEM parts and service provider
Item Number
Description
Unit Cost
Unit of Measure
1.1
Electrician - Field
$
Hourly Rate
1.2
Electrician - Shop
$
Hourly Rate
1.3
Laborer - Field
$
Hourly Rate
1.4
Laborer - Shop
$
Hourly Rate
1.5
Machinist - Field
$
Hourly Rate
1.6
Machinist - Shop
$
Hourly Rate
1.7
Mechanic - Field
$
Hourly Rate
1.8
Mechanic - Shop
$
Hourly Rate
1.9
Welder - Field
$
Hourly Rate
1.1
Welder - Shop
$
Hourly Rate
1.11
Operator - Field
$
Hourly Rate
1.12
Supervisor - Field
$
Hourly Rate
1.13
Technician - Field
$
Hourly Rate
1.14
Multiplier for Overtime, Weekend and Holiday Work
$
Multiplier
PW2-936-4357
EXHIBIT B -PRICE PAGES
These price sheets must be used. Additional pricing may be included on separate sheets for items not listed here.
Contractor Work Categories (use a check mark in the left hand column to identify the category your firm is offering to provide service)
This work will take place at the City's Pecos Water Treatment Facility and reservoir / booster stations at various
locations throughout the City. This category will Include work on all types of pumps, valves and process equipment
common to water treatment and booster station facilities.
This work will take place at the City's Airport Water Reclaimation Facility, Lone Butte Wastewater Facility, Ocotillo
Water Reclamation Facility, Lift Stations and Wastewater Facilities at various locations throughout the City. This
category will Include work on all types of pumps, valves and process equipment common to wastewater
treatment and lift station facilities.
This work will take place at various well locations throughtout the City. This category will Include work on both
Lineshaft and Submersible type well pump systems, well maintenace, rehabilitation and repair, as well as work on
all types of pumps, valves and process equipment common to potable, ASR and monitor well and leachate
recovery facilities.
This work will take place at the City's Reverse Osmosis Facility. This category will Include work on all types of
pumps, valves and process equipment common to Industrial reverse osmosis water treatment facilities.
This work can take place in any of the City facilities. This category is for all work to be performed by the authorized
representative of the Manufacturer listed in Section 4 below
This work will take place at the City's other facilities such as City owned buildings, parks, pools, and street storm
water facilities. This category will include work on all types of pumps, motors and equipment common to these
facilities.
Section 1: Labor
C1
Page 39 of 43
Exhibit B
1.15
Well Video Color w/sidescan (Includes Equipment & labor - Written
report and 2 copies of DVD)
$
Cost Per Well
Type 1 Equipment
(1 hour Mob, 1 Hour Demob Allowed On This Machiney)
Unit Cost
Unit of Measure
2.1
Air Compressor (450 CFM & Smaller)
$
Hourly Rate
2.2
Air Compressor (451 CFM & Larger)
$
Hourly Rate
2.3
Dump Truck
$
Hourly Rate
2.4
Pickup Truck
$
Hourly Rate
2.5
Crane Truck
$
Hourly Rate
2.6
Pump Service Truck
$
Hourly Rate
2.7
Water Truck w/ 1 Man
$
Hourly Rate
2.8
Tractor Trailer & Driver
$
Hourly Rate
2.9
Portable Steam Cleaner
$
Hourly Rate
2.1
Portable Welding Machine
$
Hourly Rate
2.11
Concrete Pump
$
Hourly Rate
Type 2 Equipment
(2 hour Mob, 2 Hour Demob Allowed On This Machiney)
Unit Cost
Unit of Measure
2.2-1
Pump Rig, 5 ton - 12 ton
$
Hourly Rate
2.2-2
Pump Rig, 13 -29 ton
$
Hourly Rate
2.2-3
Pump Rig, 30 - 49 ton & Larger with Walking Beam
$
Hourly Rate
2.2-4
Pump Rig, 30 - 49 ton & Larger
$
Hourly Rate
2.2-5
Pump Rig, 50 ton & larger with Walking Beam
$
Hourly Rate
2.2-6
Pump Rig, 50 ton & larger
$
Hourly Rate
2.2-7
Backhoe
$
Hourly Rate
2.2-8
Skip Loader
$
Hourly Rate
Type 3 Equipment
(Mob / Demob for each Item Includes both setup and tear down)
Unit Cost
Unit of Measure
2.3-1
Cable Tool Drill Rig (20W or 22W)
$
Hourly Rate
2.3-2
Cable Tool Drill Rig (20W or 22W) Mob / Demob
$
Lump Sum
2.3-3
Cable Tool Drill Rig (28L or 60L)
$
Hourly Rate
2.3-4
Cable Tool Drill Rig (28L or 60L) Mob / Demob
$
Lump Sum
2.3-5
Cable Tool Drill Rig (36L or 48L)
$
Hourly Rate
2.3-6
Cable Tool Drill Rig (36L or 48L) Mob / Demob
$
Lump Sum
2.3-7
Test Pump Assembly (0-100 gpm)
$
Hourly Rate
2.3-8
Test Pump Assembly (0-100 gpm) Mob / Demob
$
Lump Sum
2.3-9
Test Pump Assembly (101-500 gpm)
$
Hourly Rate
2.3-10
Test Pump Assembly (101-500 gpm) Mob / Demob
$
Lump Sum
2.3-11
Test Pump Assembly (1501-2500 gpm)
$
Hourly Rate
2.3-12
Test Pump Assembly (1501-2500 gpm) Mob / Demob
$
Lump Sum
2.3-13
Test Pump Assembly (501-1500 gpm)
$
Hourly Rate
2.3-14
Test Pump Assembly (501-1500 gpm) Mob / Demob
$
Lump Sum
Section 2: Equipment
C2
Page 40 of 43
Exhibit B
2.3-15
Test Pump Engine & Fuel (300 HP & Below)
$
Hourly Rate
2.3-16
Test Pump Engine & Fuel (300 HP & Below) Mob / Demob
$
Lump Sum
2.3-17
Test Pump Engine & Fuel (301 HP through 500 HP)
$
Hourly Rate
2.3-18
Test Pump Engine & Fuel (301 HP through 500 HP) Mob / Demob
$
Lump Sum
2.3-19
Test Pump Engine & Fuel (501 HP through 750 HP)
$
Hourly Rate
2.3-20
Test Pump Engine & Fuel (501 HP through 750 HP) Mob / Demob
$
Lump Sum
2.3-21
Test Pump Operator & Fuel (751 HP through 1,000 HP)
$
Hourly Rate
2.3-22
Test Pump Operator & Fuel (751 HP through 1,000 HP) Mob / Demob
$
Lump Sum
Type 5 Equipment
Special Contractor Owned Equipment/Tool Rental. (Contractor to
add description of Specialized Contractor Owned Equipment not
listed above.)
Unit Cost
Unit of Measure
2.4-1
$
Hourly Rate
2.4-2
$
Hourly Rate
2.4-3
$
Hourly Rate
2.4-4
$
Hourly Rate
2.4-5
$
Hourly Rate
2.4-6
$
Hourly Rate
2.4-7
$
Hourly Rate
2.4-8
$
Hourly Rate
2.4-9
$
Hourly Rate
2.4-10
$
Hourly Rate
Section 3: Contractor / Non OEM Parts and Equipment
Type 1
Contractor Parts / Equipment Markups
Mark Up Example: (15% Markup = Cost x 1.15)
3.1
Parts Markup for Items with an invoiced cost less than $9,999 / Ea
%
3.2
Parts Markup for Items with invoiced cost of greater than $10,000 / Ea
%
3.3
Subcontractor Markup
%
3.4
Rental Equipment Markup
%
Section 4
OEM Parts and Equipment
Catalog Date and title
% Discount From
List Price
BLOWERS
4.1
Gardner Denver
%
4.2
Kaeser Co-Pak Pluss
%
4.3
Ingersoll Rand
%
4.4
Roots Rotary Lobe Blower
%
4.5
HIS/Atlas Copco
%
4.6
United Blower
%
4.7
Spencer
%
PUMPS
4.8
Flygt Submersible Pumps
%
C3
Page 41 of 43
Exhibit B
4.9
Grundfos Pumps
%
4.10
Simflo Pumps
%
4.1
Goulds Pumps
%
4.12
Fairbanks Morse Pumps
%
4.13
Gorman Rupp
%
4.14
Wemco
%
4.15
Peerless
%
4.16
Paco Pumps
%
4.17
Flowserve Pumps
%
4.18
Vanton Pump
%
MOTORS
4.19
G.E.
%
4.20
U.S.
%
4.21
Baldor
%
4.22
Toshiba
%
4.23
TECO/Westinghouse
%
4.24
WEG
%
CLARIFIERS
4.25
EIMCO Claifier OEM Parts
%
4.26
Walker
CHEMICAL METERING PUMPS
4.27
Milton Roy
%
4.28
Wallace and Teirnan (US Filter)
%
4.29
Prominent
%
4.30
Alldos
%
4.31
Seepex
%
4.32
Moyno
%
4.33
Brendal Hose Pumps
%
4.44
Wanner Engineering/Hydra cell
%
4.35
UGSI
%
4.36
Pulsefeeders
%
SCRUBBERS, EXHAUST FANS, VAPEX UNITS
4.37
US Filter
%
4.38
Vapex
%
DEWATERING EQUIPMENT-BELT FILTER PRESSES, SLUDGE
THICKENERS, PACKAGED POLYMER SYSTEMS
4.39
Ashbrooke Simon-Hartley
%
VALVES & ACTUATORS
4.40
Cla-Val
%
4.41
DeZurick Valves
%
4.42
Watts
%
4.43
Keystone
%
4.44
Techno
%
4.45
Vaimen
%
C4
Page 42 of 43
Exhibit B
4.46
Baski
%
4.47
Indelac actuators
%
4.48
Koei actuators
%
4.49
Auma
%
4.50
Rotork
%
4.51
EIM
%
MIXERS
4.52
Philidelphia Mixers
%
4.53
Lightnin
%
WATER FILTERS
4.54
Tekleen
%
ELECTRICAL CONTROLS
4.55
Allen Bradley
%
4.56
Modicon/Schneider Electric PLC
%
Applicable Tax Rate
%
If proposers can offer additional OEM products to those listed in Exhibit B that would be applicable to the contract, proposers can furnish a separate sheet with the OEM Manufacturer
name, type of product, catalog date and title, discount from catalog and a letter from the manufacturers that stating your firm is an authorized OEM provider for products offered.
C5
Page 43 of 43