Eurofins Eaton Analytical Agreement
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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
EURO FINS EATON ANALYTICAL, LLC.
THIS LINKING AGREEMENT (this "Agreement") is entered into as of this
day of
, 2022, between the City of Glendale, an Arizona municipal corporation (the "City"), and
Eurofin Eaton Analytical, LLC, a(n) Delaware Limited Liability Company authorized to do business
in Arizona ("Contractor"), collectively, the "Parties."
RECITALS
A.
On November 16, 2021 under (S.A.V.E Cooperative Purchasing Agreement, the City of Mesa
entered into a contract with Contractor to purchase the goods and services described in the
Water, Wastewater and Hazardous Waste Laboratory Services, Agreement
No.
2021181 ("Cooperative Purchasing Agreement"), which is attached hereto as Exhibit A. The
Cooperative Purchasing Agreement permits its cooperative use by other governmental
agencies including the City.
B.
Section 2-149 of the City's Procurement Code permits the Materials Manager to procure goods
and services by participating with other governmental units in cooperative purchasing
agreements when the best interests of the City would be served.
C.
Section 2-149 also provides that the Materials Manager may enter into such cooperative
agreements without meeting the formal or informal solicitation and bid requirements of
Glendale City Code Sections 2-145 and 2-146.
D.
The City desires to contract with Contractor for supplies or services identical, or nearly
identical, to the supplies or services Contractor is providing other units of government under
the Cooperative Purchasing Agreement. Contractor consents to the City's utilization of the
Cooperative Purchasing Agreement as the basis of this Agreement, and Contractor desires to
enter into this Agreement to provide the supplies and services set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference,
and the covenants and promises contained in this Linking Agreement, the parties agree as follows:
1.
Term of Agreement.
The City is purchasing supplies and/or services from Contractor
pursuant to the Cooperative Purchasing Agreement.
According to the Cooperative
Purchasing Agreement, purchases can be made by governmental entities from the date of
award, which was November 16, 2021, until the date the contract expires on November 15,
2024 unless the term of the Cooperative Purchasing Agreement is extended by the mutual
agreement of the original contracting parties. The Cooperative Purchasing Agreement,
however, may not be extended beyond November 15, 2026. The initial period of this
Agreement, therefore, is the period from the Effective Date of this Agreement until
November 15, 2024. The City may renew the term of this Agreement for up to a maxium of
1/2/2020
2.
3.
(2) two years until the Cooperative Purchasing Agreement expires on November 15, 2026.
Glendale renewals are not automatic and shall only occur if the City gives the Contractor
notice of its intent to renew. The City may give the Contractor notice of its intent to renew
this Agreement 30 days prior to the anniversary of the Effective Date to effectuate such
renewal.
Scope of Work: Terms, Conditions. and Specifications.
A.
Contractor shall provide City the supplies and/ or services identified in the Scope of
Work attached as Exhibit B.
B.
Contractor agrees to comply with all the terms, conditions and specifications of the
Cooperative Purchasing Agreement. Such terms, conditions and specifications are
specifically incorporated into and are an enforceable part of this Agreement.
Compensation.
A.
City shall pay Contractor compensation at the same rate and on the same schedule as
provided in the Cooperative Purchasing Agreement, which is attached hereto as
Exhibit C.
B.
The total purchase price for the supplies and/ or services purchased under this
Agreement shall not exceed three hundred & fifty thousand dollars ($350,000) for the
entire term of the Agreement (initial term plus any renewals).
4.
Cancellation. This Agreement may be cancelled pursuant to A.RS. § 38-511.
5.
Non-discrimination. Contractor must not discriminate against any employee or applicant for
employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status, U.S. military
veteran status or any disability. Contractor will require any Sub-contractor to be bound to the
same requirements as stated within this section. Contractor, and on behalf of any
subcontractors, warrants compliance with this section.
6.
Insurance Certificate. A certificate of insurance applying to this Agreement must be provided
to the City prior to the Effective Date.
7.
E-verify.
Contractor complies with A.R.S. § 23-214 and agrees to comply with the
requirements of A.R.S. § 41-4401.
8.
No Boycott of Israel. To the extent A.R.S § 35-393 through§ 35-393.03 are applicable, the
parties hereby certify that they are not currently engaged in, and agree for the duration of the
Agreement to not engage in, a boycott of goods or services from Israel, as that term is defined
in A.R.S § 35-393.
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9.
Attestation of PCI Compliance. When applicable, the Contractor will provide the City
annually with a Payment Card Industry Data Security Standard (PCI DSS) attestation of
compliance certificate signed by an officer of Contractor with oversight responsibility.
10.
Notices. Any notices that must be provided under this Agreement shall be sent to the Parties'
respective authorized representatives at the address listed below:
City of Glendale
c/ o Julie Ossege
7070 W. Northern Avenue
Glendale, AZ 85303
And
Eurofins Eaton Analytical, LLC
c/ o Samantha Camey
PO Box 1450
Carol Stream, IL 60132
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
set forth above.
"City"
City of Glendale, an Arizona
municipal corporation
By:
Kevin R. Phelps
City Manager
ATTEST:
Julie K. Bower
City Clerk
(SEAL)
APPROVED AS TO FORM:
Michael D. Bailey
City Attorney
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"Contractor"
EurofinsEaton Analytical, LLC,
a Delaware Limited Liability Company
By:
Name: Colin Walters
Title:
President
4/29/2021
12/22/2021
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
EUROFINS EATON ANALYTICAL, LLC
EXHIBIT A
(Water, Wastewater and Hazardous Waste Laboratory Services, City of Mesa Contract No. 2021181)
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4/29/2021
PROJECT
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
EURO FINS EATON ANALYTICAL, LLC
EXHIBIT B
Scope of Work
Contractor will provide laboratory services as outlined in the City of Mesa Agreement No. 2021181.
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4/29/2021
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
EUROFINS EATON ANALYTICAL, LLC
EXHIBIT C
METHOD AND AMOUNT OF COMPENSATION
Contractor will be compensated for laboratory testing services as needed.
NOT TO EXCEED AMOUNT
The total amount of compensation paid to Contractor for full completion of all work required by
the Project must not exceed $350,000 for the entire term of the Agreement.
DETAILED PROJECT COMPENSATION
Contractor will be compensated for laboratory testing services per the City of Mesa, Agreement No.
2021181, Exhibit B.
4/29/2021
AGREEMENT PURSUANT TO SOLICITATION
CITY OF MESA AGREEMENT NUMBER 2021181
WATER, WASTEWATER, AND HAZARDOUS WASTE LABORATORY SERVICES
CITY OF MESA, Arizona ("City")
Department Name
City of Mesa - Purchasing Division
Mailing Address
P.O. Box 1466
Mesa, AZ 85211-1466
Delivery Address
20 East Main St, Suite 450
Mesa, AZ 85201
Attention
Ted Stallings
Procurement Officer II
E-Mail
Ted.stallings@mesaAZ.gov
Phone
(480) 644-2815
With a copy to:
City of Mesa -Water Resources
Attn: Greg Flynn, Sr. Fiscal Analyst
P.O. Box 1466
Mesa, AZ 85211-1466
Greg.Flynn@MesaAZ.gov
AND
EUROFINS EATON ANALYTICAL, LLC., ("Contractor")
Mailing Address
1750 Royal Oaks Drive, Suite 100
Monrovia, CA 91016
Remit to Address
PO Box 1450
Carol Stream, IL 60132
Attention
Samantha Carney
E-Mail
Samantha. Carney@EurofinsET.com
Phone
717-497-5090
CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION
This Agreement pursuant to Solicitation ("Agreement") is entered into this15th day of November, 2021, by
and between the City of Mesa, Arizona, an Arizona municipal corporation ("City"), and Eurofins Eaton
Analytical, LLC., a CA corporation ("Contractor"). The City and Contractor are each a "Party" to the
Agreement or together are "Parties" to the Agreement.
RECITALS
A.
The City issued Solicitation number 2021181 ("Solicitation") for WATER, WASTEWATER, AND
HAZARDOUS WASTE LABORATORY SERVICES, to which Contractor provided a response
("Response"); and
B.
The City Selected Contractor's Response as being in the best interest of the City and wishes to engage
Contractor in providing the services/materials described in the Solicitation and Response.
In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good
consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the
following Terms & Conditions.
TERMS & CONDITIONS
1.
If!:..'1}, This Agreement is for a term beginning on November 16, 2021, and ending on November 15,
2024 The use of the word "Term" in the Agreement includes the aforementioned period as well as any
applicable extensions or renewals in accordance with this Section 1.
1.1 Renewals. On the mutual written agreement of the Parties, the Term may be renewed up to a
maximum of two (2) years. Any renewal(s) will be a continuation of the same terms and
conditions as in effect immediately prior to the expiration of the then-current term.
1.2 Extension for Procurement Processes. Upon the expiration of the Term of this Agreement,
including any renewals permitted herein, at the City's sole discretion this Agreement may be
extended on a month-to-month basis for a maximum of six (6) months to allow for the City's
procurement processes in the selection of a vendor to provide the services/materials provided
under this Agreement. The City will notify the Contractor in writing of its intent to extend the
Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension
under this Subsection 1.2 will be a continuation of the same terms and conditions as in effect
immediately prior to the expiration of the then-current term.
2.
Scope of Work. The Contractor will provide the necessary staff, services and associated resources
to provide the City with the services, materials, and obligations attached to this Agreement as Exhibit
A ("Scope of Work") Contractor will be responsible for all costs and expenses incurred by Contractor
that are incident to the performance of the Scope of Work unless otherwise stated in Exhibit A.
Contractor will supply all equipment and instrumentalities necessary to perform the Scope of Work. If
set forth in Exhibit A, the City will provide Contractor's personnel with adequate workspace and such
other related facilities as may be required by Contractor to carry out the Scope of Work.
The Agreement is based on the Solicitation and Response which are hereby incorporated by reference
into the Agreement as if written out and included herein. In addition to the requirements specifically set
forth in the Scope of Work, the Parties acknowledge and agree that the Contractor shall perform in
accordance with all terms, conditions, specifications and other requirements set forth within the
Solicitation and Response unless modified herein.
3.
Orders. Orders be placed with the Contractor by either a: (i) Purchase Order when for a one-time
purchase; (ii) Notice to Proceed, or (iii) Delivery Order off of a Master Agreement for Requirement
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Contract where multiple as-needed orders will be placed with the Contractor. The City may use the
Internet to communicate with Contractor and to place orders as permitted under this Agreement
4.
Document Order of Precedence. In the event of any inconsistency between the terms of the body of
the Agreement, the Exhibits, the Solicitation, and Response, the language of the documents will control
in the following order.
a.
Agreement
b.
Exhibits
1.
Mesa Standard Terms & Conditions
2.
Scope of Work
3.
Other Exhibits not listed above
c.
Solicitation including any addenda
d.
Contractor Response
5.
Payment.
5.1 General. Subject to the provisions of the Agreement, the City will pay Contractor the sum(s)
described in Exhibit B ("Pricing") in consideration of Contractor's performance of the Scope of
Work during the Term.
5.2 Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term except
where otherwise provided in this Agreement and include all costs of the Contractor providing
the materials/service including transportation, insurance and warranty costs.
No fuel
surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced
at prices higher than those stated in the Agreement.
The Contractor further agrees that any reductions in the price of the materials or services
covered by this Agreement will apply to the undelivered balance. The Contractor shall promptly
notify the City of such price reductions.
No price modifications will be accepted without proper request by the Contractor and response
by the City's Purchasing Division.
5.3 Price Adjustment. Any requests for reasonable price adjustments must be submitted in
accordance with this Section 5.3. Requests for adjustment in cost of labor and/or materials
must be supported by appropriate documentation. There is no guarantee the City will accept
a price adjustment therefore Contractor should be prepared for the Pricing to be firm over the
Term of the Agreement. The City is only willing to entertain price adjustments based on an
increase to Contractor's actual expenses or other reasonable adjustment in providing the
services/materials under the Agreement. If the City agrees to the adjusted price terms, the City
shall issue written approval of the change.
During the ninety (90) to sixty (60) day period prior to Contract expiration date of the
Agreement, the Contractor may submit a written request to the City to allow an increase to the
prices in an amount not to exceed the twelve (12) month change in the Consumer Price Index
for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as
published
by
the
U.S.
Department
of
Labor,
Bureau
of
Labor
Statistics
(http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and
respond in writing; such response and approval shall not be unreasonably withheld.
5.4 Renewal and Extension Pricing. Any extension of the Agreement will be at the same pricing
as the initial Term. If the Agreement is renewed in accordance with Section 1, pricing may be
adjusted for amounts other than inflation that represent actual costs to the Contractor based
on the mutual agreement of the parties. The Contractor may submit a request for a price
adjustment along with appropriate supporting documentation demonstrating the cost to the
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Contractor. Renewal prices shall be firm for the term of the renewal period and may be adjusted
thereafter as outlined in the previous section. There is no guarantee the City will accept a price
adjustment.
5.5 Invoices. Payment will be made to Contractor following the City's receipt of a properly
completed invoice. No terms set forth in any invoice, purchase order or similar document
issued by Contractor will be deemed accepted by the City; the terms of the contractual
relationship between the Parties are as set forth in this Agreement. Any issues regarding billing
or invoicing must be directed to the City Department/Division requesting the service or material
from the Contractor. A properly completed invoice should contain, at a minimum, all of the
following:
a.
Contractor name, address, and contact information;
b.
City billing information;
c.
City contract number as listed on the first page of the Agreement;
d.
Invoice number and date;
e.
Payment terms;
f.
Date of service or delivery;
g.
Description of materials or services provided;
h.
If materials provided, the quantity delivered and pricing of each unit;
i.
Applicable Taxes;
j.
If applicable, mileage or travel costs; and
k.
Total amount due.
5.6 Payment of Funds. Contractor acknowledges the City may, at its option and where available
use a Credit Card/Procurement Card to make payment for orders under the Agreement with
no additional charge/fee. Otherwise, payment will be through a traditional method of a check.
5. 7 Disallowed Costs, Overpayment. If at any time the City determines that a cost for which
payment was made to Contractor is a disallowed cost, such as an overpayment or a charge for
materials/service not in accordance with the Agreement, the City will notify Contractor in writing
of the disallowance; such notice will state the means of correction which may be, but is not
limited to, adjustment of any future claim/invoice submitted by Contractor in the amount of the
disallowance, or to require repayment of the disallowed amount by Contractor. Contractor will
be provided with the opportunity to respond to the notice.
6
Insurance.
6.1 Contractor must obtain and maintain at its expense throughout the term of Contractor's
agreement, at a minimum, the types and amounts of insurance set forth in this Section 6 from
insurance companies authorized to do business in the State of Arizona; the insurance must
cover the materials/service to be provided by Contractor under the Agreement. For any
insurance required under the Agreement, Contractor will name the City of Mesa, its agents,
representatives, officials, volunteers, officers, elected officials, and employees as additional
insured, as evidenced by providing either an additional insured endorsement or proper
insurance policy excerpts.
6.2 Nothing in this Section 6 limits Contractor's responsibility to the City.
The insurance
requirements herein are minimum requirements for the Agreement and in no way limit any
indemnity promise(s) contained in the Agreement.
6.3 The City does not warrant the minimum limits contained herein are sufficient to protect
Contractor and subcontractor(s) from liabilities that might arise out of performance under the
Agreement by Contractor, its agents, representatives, employees, or subcontractor(s).
Contractor is encouraged to purchase additional insurance as Contractor determines may be
necessary.
2021181
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6.4 Each insurance policy required under the Agreement must be in effect at or prior to the
execution of the Agreement and remain in effect for the term of the Agreement.
6.5 Prior to the execution of the Agreement, Contractor will provide the City with a Certificate of
Insurance (using an appropriate "ACORD" or equivalent certificate) signed by the issuer with
applicable endorsements. The City reserves the right to request additional copies of any or all
of the policies, endorsements, or notices relating thereto required under the Agreement.
6.6 When the City requires a Certificate of Insurance to be furnished, Contractor's insurance is
primary of all other sources available. When the City is a certificate holder and/or an additional
insured, Contractor agrees no policy will expire, be canceled, or be materially changed to affect
the coverage available without advance written notice to the City.
6. 7 The policies required by the Agreement must contain a waiver of transfer rights of recovery
(waiver of subrogation) against the City, its agents, representatives, officials, volunteers,
officers, elected officials, and employees for any claims arising out of the work of Contractor.
6.8 All insurance certificates and applicable endorsements are subject to review and approval by
the City's Risk Management Division.
6.9 Types and Amounts of Insurance. Contractor must obtain and retain throughout the term of
the Agreement, at a minimum, the following:
6.9.1
Worker's compensation insurance in accordance with the provisions of Arizona
law. If Contractor operates with no employees, Contractor must provide the City
with written proof Contractor has no employees. If employees are hired during the
course of this Agreement, Contractor must procure worker's compensations in
accordance with Arizona law.
6.9.2
The Contractor shall maintain at all times during the term of this contract, a
minimum amount of $1 million per occurrence/$2 million aggregate Commercial
General Liability insurance, including Contractual Liability. For General Liability
insurance, the City of Mesa, their agents, officials, volunteers, officers, elected
officials or employees shall be named as additional insured, as evidenced by
providing an additional insured endorsement.
6.9.3
Automobile liability, bodily injury and property damage with a limit of $1 million per
occurrence including owned, hired and non-owned autos.
6.9.4
Contractor's Pollution Liability - Contractor's pollution liability coverage with
project-specific limits of $1,000,000 per loss and a $2,000,000 annual aggregate
for losses caused by pollution conditions that arise from the operations of the
Contractor as specified in the Contract's scope of work and which shall include:
6.9.4.1 Bodily injury sickness, disease, death, mental anguish or shock;
6. 9.4.2 Property damage, including physical injury, to or destruction of property
Including loss of use, cleanup costs, and loss of use of property not
physically injured nor destroyed; and
6.9.4.3 Defense costs, including charges and expenses for investigation and
claims adjustment.
Requirements Contract. Contractor acknowledges and agrees the Agreement is a requirements
contract; the Agreement does not guarantee any purchases will be made (minimum or maximum).
Orders will only be placed when the City identifies a need and issues a purchase order or a written
notice to proceed. The City reserves the right to cancel purchase orders or a notice to proceed
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8
9
within a reasonable period of time of issuance; any such cancellation will be in writing. Should a
purchase order or notice to proceed be canceled, the City agrees to reimburse Contractor for any
actual and documented costs incurred by Contractor. The City will not reimburse Contractor for
any avoidable costs incurred after receipt of cancellation including, but not limited to, lost profits,
shipment of product, or performance of services.
Notices. All notices to be given pursuant to the Agreement will be delivered to the Contractor as
listed on Page 1 of this Agreement. Notice will be delivered pursuant to the requirements set forth
the Mesa Standard Terms and Conditions that is attached to the Agreement as Exhibit C.
Representations of Contractor. To the best of Contractor's knowledge, Contractor agrees that:
a.
Contractor has no obligations, legal or otherwise, inconsistent with the terms of the Agreement
or with Contractor's undertaking of the relationship with the City;
b.
Performance of the services called for by the Agreement do not and will not violate any
applicable law, rule, regulation, or any proprietary or other right of any third party;
c.
Contractor will not use in the performance of Contractor's responsibilities under the Agreement
any proprietary information or trade secret of a former employer of its employees (other than
City, if applicable); and
d.
Contractor has not entered into and will not enter into any agreement, whether oral or written,
in conflict with the Agreement.
10
Mesa Standard Terms and Conditions. Exhibit C to the Agreement is the Mesa Standard Terms
and Conditions as modified by the Parties, which are incorporated by reference into the Agreement
as though fully set forth herein. In the event of any inconsistency between the terms of the
Agreement and the Mesa Standard Terms and Conditions, the language of the Agreement will
control. The Parties or a Party are referred to as a "party" or "parties" in the Mesa Standard Terms
and Conditions. The Term is referred to as the "term" in the Mesa Standard Terms and Conditions.
11
Counterparts and Facsimile or Electronic Signatures. This Agreement may be executed in two
(2) or more counterparts, each of which will be deemed an original and all of which, taken together,
will constitute one agreement.
A facsimile or other electronically delivered signature to the
Agreement will be deemed an original and binding upon the Party against whom enforcement is
sought.
12
Incorporation of Recitals and Exhibits. All Recitals and Exhibits to the Agreement are hereby
incorporated by reference into the Agreement as if written out and included herein. In the event of
any inconsistency between the terms of the body of the Agreement and the Exhibits, the language
of the Agreement will control.
Exhibits to this Agreement are the following:
•
(A) Scope of Work/ Technical Specifications
•
(8) Pricing
•
(C) Mesa Standard Terms and Conditions
13
Attorneys' Fees. The prevailing Party in any litigation arising out of the Agreement will be entitled
to the recovery of its reasonable attorney's fees, court costs, and other litigation related costs and
fees from the other Party.
14
Additional Acts. The Parties agree to execute promptly such other documents and to perform
such other acts as may be reasonably necessary to carry out the purpose and intent of the
Agreement.
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15
Headings. The headings of the Agreement are for reference only and will not limit or define the
meaning of any provision of the Agreement.
2021181
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By executing below, each Party acknowledges that it understands, approves, and accepts all of the terms
of the Agreement and the attached exhibits.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
CITY OF MESA, ARIZONA
By: -jdr;Wk
Printed Name
Title
Date
REVIEWED BY:
Digitally signed by Edward Quedens
ON: cn=Edward Quedens, o=Ctiy of
Mesa, Arizona, ou-.Business Servicl!S,
email=ed.quedens@mesaaz.gov,
·c=
1
Date: 2021.12.09 07:06:25 -07'00'
Adobe Acrobat version:
2021.007.20099
By: TuLS.
Ted Stallings, CPPB
Procurement Officer II
2021181
EUROFINS EAJON ANALYTICAL, LLC
Colin Walters
Printed Name
President
Title
12/8/2021
Date
Page 8 of 52
EXHIBIT A
SCOPE OF WORK
1.
SCOPE OF WORK: To provide analytical testing of water, wastewater, solid wastes, and special
projects for: nutrients, biologicals, metals, non-metals, organics, and radio chemicals with qualified
licensed environmental laboratories.
2.
Renewal options are based on contractor(s) performance, service, ability to provide high quality
products(s) and demonstrates cost containment efforts.
MUL Tl-AGENCY PROCUREMENT:
The following agencies have expressed their intent to
purchase from resulting contract. Any and all S.A.V.E members may also purchase from resulting
contract.
Agency Name
•
City of Avondale
•
City of Mesa
•
City of Peoria
•
City of Scottsdale
•
City of Tempe
•
Town of Gilbert
•
Town of Payson
•
Salt River Project Agricultural Improvement and Power District
All agencies named in this RFP hereafter referred to as "Agency or Agencies".
3.
BACKGROUND: The Safe Drinking Water Act (SOWA), Hazardous waste (RCRA), National
Pollutant Discharge Elimination System (NPDES) permits, Arizona Pollutant Discharge Elimination
System (AZPDES), Aquifer Protection Permit (APP), Municipal Separate Storm Sewer System
Permit (MS4) and Industrial Pretreatment Program (IPP) require the City of Mesa to perform a
multitude of analytical tests to ensure compliance with Federal, State, and Local regulations. The
complexity of testing, specialized equipment requirements and sampling requirements are
continually increasing.
Analyses required must conform to all NPDES, AZPDES, APP, MS4, RCRA, SOWA, Clean Water
Act (CWA), Clean Air Act (CAA), or other State and/or Federal mandated requirements.
Laboratories performing such tests must meet and adhere to Arizona Department of Health
Services (ADHS) Laboratory Licensure requirements as defined under Chapter 4. 3 of Title 36 of
the Arizona Revised Statutes.
4.
FUTURE NEEDS AND REQUIREMENTS: The City recognizes that do to regulatory and statue
changes and requirements, as well as needs of each agency that it may be necessary to add new
or change services to resulting contract(s). Therefore, City reserves the right to add new services
and products to the contract. Such services and services added to the resulting contract(s) should
be at the same pricing methodology/discounts as the services and products already on contract.
This section will also apply to future UCMR studies that do not have a final approved list of testing.
Participating agencies may also amend any participating agreement(s) as necessary.
5.
SERVICES TO BE PROVIDED: The Contractor shall conduct environmental testing and analysis
as requested by the City for purposes of compliance with the National Pollutant Discharge
Elimination System, Arizona Pollutant Discharge Elimination System, Safe Drinking Water Act,
Clean Water Act, Clean Air Act, Hazardous waste, State Aquifer Protection Permits, Reuse
Permits, Municipal Separate Storm Sewer System Permit, Industrial Pretreatment Program and
special projects. Additionally, the EPA requires the City to participate in Unregulated Contaminant
Monitoring Rules (UCMR), with future revisions expected; while future constituents of the UCMR
studies won't be known until they are issued, the licensing, reporting and penalty requirements
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6.
7.
8.
9.
EXHIBIT A
SCOPE OF WORK
should still be standard with the other testing within the contract. The Contractor must be certified
by the EPA to perform UCMR testing. If there is no Contracted Lab certified under the EPA to
perform UCMR testing, the City reserves the right to use a laboratory off contract due to EPA
requiring the use of a certified UCMR laboratory.
SAMPLE CONTAINERS: The Contractor shall provide all the necessary new or certified-clean
sample bottles and sample labels as required to perform field sampling.
Reagent grade
preservatives shall be added to the appropriate sampling container by the Contractor prior to
shipment of bottles.
Sample containers shall be pre-labeled identifying the analyses types
requested and preservatives used by the City. The sample label information provided by the City
will correspond to information contained in the chain of custody forms and shall include: the
analyses requested, the sample ID number, the date and time the sample was taken, the location
of field sampling, and the name or initials of the sampler. The Contractor shall supply any
necessary trip blanks. The Contractor shall subject all supply bottles and/or containers to a Quality
Assurance and Quality Control program and shall conduct a testing program on sample bottles
and/or containers.
CHAIN OF CUSTODY: The Contractor may be requested to provide chain of custody forms and
chain of custody seals for bottles and coolers. One chain of custody form shall accompany each
sample set sent to the laboratory. A copy of the completed chain of custody for each sample set
shall be included with each individual analysis report. The Contractor and any and all city approved
subcontractors shall utilize standard U.S. EPA chain of custody procedures, as documented in
National Enforcement Investigations Center Policies and Procedures Manual, as revised in August
1991, and amendments thereto, and the National Enforcement Investigations Center Manual For
The Evidence Audit, published in September, 1981, and amendments thereto.
TRANSPORTATION: The Contractor shall provide for delivery of sample sets and pickup of field
samples to and from the City. Field samples shall be picked up as needed, but generally between
7:00 a.m. and 5:00 p.m., Monday through Friday. The Contractor shall pick up most samples within
six (6) hours or less of the City's request. Fecal coliform samples shall be picked up within two (2)
to four (4) hours of the City's request. The Contractor shall deliver sample bottles no later than
forty-eight (48) hours after the City's request. The Contractor shall provide all necessary shipping
containers.
SAMPLE CONTROL:
Any sample or trip blank received by the laboratory in unacceptable
condition or rendered unacceptable for analyses while in the possession of the laboratory, shall be
reported to the appropriate City Project Manager or their designee within forty-eight (48) hours of
loss of sample.
The City reserves the right to recover cost of re-sampling due to Contractor error or failure to
maintain sample integrity. Re-sampling required due to error or failure to maintain sample integrity
at the laboratory shall be billed to the Contractor at the rate of the City's cost plus standard overhead
cost or one hundred ($100.00) dollars, whichever is greater. Trip blanks rendered unacceptable
while in the possession of the laboratory shall result in a fifty (50%) percent reduction in the analysis
fee for the accompanying field samples.
If the Contractor chooses to subcontract out analysis to another laboratory, it is the contractor's
responsibility to ensure that the subcontracted laboratory is licensed by ADHS as defined under
Chapter 4.3 of Title 36 of the Arizona Revised Statutes for the analytes requested. The City
reserves the right to recover cost of re-sampling due to Contractor's failure to ensure the
subcontractor is properly licensed by ADHS. The laboratory shall be billed to the Contractor at the
rate of the City's cost plus standard overhead cost or one hundred ($100.00) dollars, whichever is
greater.
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EXHIBIT A
SCOPE OF WORK
10.
LABORATORY SERVICES AND ANALYTICAL REQUIREMENTS: All analyses must use current
and future Federal, and Arizona Department of Health Services (ADHS) approved test methods for
1) drinking water, 2) hazardous waste, 3) wastewater, 4) solid waste and 5) air and stack
parameters (40CFR136, SW-846 and R 18-11-111 analytical methods). The Contractor must meet
detection limits required by Local, State, and Federal regulations. The Contractor shall submit a
copy of their Quality Assurance/Quality Control (QA/QC) manual along with the bid. The City
reserves the right to request and be given copies of subcontractor(s)s QA/QC manuals within three
working days. The Contractor and subcontractor manual(s) must provide, at a minimum, details
on the Contractor's and subcontractor's procedures concerning:
a.
sample preservation, holding times, and sample containers used.
b.
chain of custody procedures sample receipt and tracking.
c.
review and reporting of results.
d.
laboratory record keeping procedures.
e.
organizational chart of laboratory management.
f.
maintenance and calibration of instruments.
g.
use of standard reference materials in analysis.
h.
internal QC program.
i.
corrective action of QC problems.
j.
determination of method detection limits (Refer to 40 CFR 136, Appendix B, as revised).
k.
Minimum Reporting Levels (MRL).
I.
sample bottle preparation and QC testing program.
m. resumes of key laboratory personnel.
n.
list of parameters for which they hold ADHS license and certification.
o.
description of use and procedures for data flags/qualifiers.
Quality control tests and checks for precision, accuracy and control of method will be conducted as
defined by EPA approved methods. The Contractor and any subcontractors shall use the City's
samples designated for QC for duplicate, trip blank, and matrix spike purposes. Upon effective
date of the contract, the City shall define the level of the report required.
A full description of any anticipated or realized problem areas shall be communicated to the City's
Project Manager or designee prior to analysis of any sample so that appropriate corrective action
can be coordinated. Analytical or sample problems encountered subsequent to the analysis of any
sample shall also be immediately communicated via telephone or email to the City's Project
Manager or designee, followed by written communication with the sample results. Results
indicating exceedance of SDWA MCL's and/or triggers and/or NPDES/APP/Reuse Permit limits
shall be immediately communicated via telephone or email to the City Project Manager or designee,
followed by written communication with the sample results. All verbal and written notification about
results that are not final shall include designation as "preliminary" and documentation of QA/QC
issues as appropriate. Samples analyzed outside of the specified QA/QC without prior consent by
the City shall not be invoiced and paid under this Agreement.
11.
HOLDING TIMES: The laboratory shall notify the appropriate City Project Manager or designee
immediately on discovery that holding time(s) have been exceeded so that re-sampling can take
place. The decision on analysis of such samples will be made upon notification. The City reserves
the right to recover cost of re-sampling due to the Contractor failing to meet sample holding times,
provided that the Contractor has had possession of the sample for at least fifty (50%) percent of
the sample holding time. The exception to this would be in the case of coliform samples where the
Contractor will only be liable if the Contractor was not notified of sample pick up within two hours
of the time of the sampling. Re-sampling will be billed to the Contractor at the rate of the City's cost
plus standard overhead cost or one hundred ($100.00) dollars, whichever is greater.
12.
WRITTEN REPORTING OF ANALYSIS RESULTS: Hardcopy and electronic copy final reports
for drinking water sample results shall be submitted to the appropriate City Project Manager or their
designee within twenty (20) working days of laboratory receipt of each sample.
2021181
Page 11 of 52
EXHIBIT A
SCOPE OF WORK
Hardcopy and electronic copy final reports for lakes, stormwater, wastewater, solid waste and
hazardous waste sample results shall be submitted to the appropriate City Project Manager or their
designee within ten (10) to fifteen (15) working days of laboratory receipt of each sample.
Hardcopy and electronic copy final reports for air sample results shall be submitted to the
appropriate City Project Manager or their designee within five (5) to ten (10) working days of
laboratory receipt of each sample. At times rush analysis of three (3) days and twenty-four (24)
hours will be required.
The Contractor shall report all quality control tests and checks used to prepare each sample. This
will include all reporting levels, method references, date of sample receipt, date of analysis,
dilutions, duplicates and matrix spike results, method blanks and trip blank results for each
applicable constituent requested.
Each individual analysis report shall include the following:
a.
Cover letter, including all laboratory information i.e., Laboratory name, address, phone
number, contact person, etc.
b.
Case Narrative, explaining any corrective actions, any subcontractors, and/or any
problems that may have occurred.
c.
Analysis results including all QA/QC, compounds analyzed, method reporting levels, date
of analysis, analyst, and analysis method.
d.
Original subcontractor analysis results including all QA/QC, compounds analyzed, method
detection limits, and analysis method.
e.
Chain of custody as submitted, plus subcontractors' chain of custody if applicable.
f.
Data from analyses of samples collected for compliance with the Safe Drinking Water Act
and under the applicable Arizona Department of Environmental Quality (ADEQ) Drinking
Water rules shall be submitted on the appropriate ADEQ forms in addition to the
Contractor's standard reporting form.
g.
ADHS Lab Licensure number.
h.
Agency sample identification number.
i.
Analyst performing the analysis.
j.
Date and Time of Analysis (to allow the City to check attainment of holding times).
k.
Unique Sample Number.
I.
Report Date
m. ReportlD
The Contractor shall be responsible and liable for a written communication of any miscalculation or
error in analytical results to the appropriate City Project Manager or their designee. The Contractor
shall reissue, at their own expense, corrected hard copies and computer electronic copies, as
necessary. All reissued reports shall be labeled "revised" and include an explanation of the revision
in the cover letter or case narrative. These errors include, but are not limited to; operator error,
equipment malfunction, exceeding holding time, out of control results or any other quality control
exception, and laboratory contamination in ambient air, glassware, standards, reagents, or
equipment that could impact the quality or validity of the analytical results.
The City has the right to enforce penalties for late sample results. A three percent (3%) per day
penalty per report may be charged to the Contractor for each calendar day that delivery of the
written report(s) and/or electronic data exceed the above specified delivery times. The Contractor
will be held liable for penalties for all late analyses, including subcontracted analyses. Fines or
penalties levied against the City by the State or Federal government due to late submittal of analysis
results that are the due to the Contractor exceeding the above specified delivery times shall be
paid by the Contractor.
2021181
Page 12 of 52
EXHIBIT A
SCOPE OF WORK
13.
ELECTRONIC TRANSFER OF REPORTING RESULTS: All laboratory results shall be issued
electronically to the City. When requested contractor shall provide hard copy reports within four
(4) working days.
Verification that electronic data is not duplicated shall be completed by the laboratory. Either an
electronic or hard copy list of sample reports issued shall be maintained for review by the City. This
report shall include the Agency Chain of Custody ID Number (Agency ID), the laboratory accession
number (Accession ID), and date sample data was issued. Should duplicate data be received, the
cost to remove the duplicated data will be calculated. The applicable charge out rate will be used
to calculate this charge. Any charge for this duplicate removal will be used as a credit toward the
laboratory invoices issued by the Contract Laboratory.
14.
RECORD KEEPING AND RETENTION: The Contractor shall maintain documentation of all raw
and final data (electronic and hard copy) and supporting quality control data for chemical results
for a minimum of ten (10) years. Bacteriological results must be maintained for five (5) years. The
contractor shall provide a copy of any requested report within two (2) business days if requested
by the City.
Upon request the Contractor shall provide raw and final data to the City. The Contractor can redact
sample numbers, site names or any other information that is provided on the raw or final data
belonging to another entity besides the City; however, results allowing the confirmation of data
should remain available.
If the laboratory can no longer maintain the data, the City reserves the right to take delivery of all
raw and final data (electronic and hard copy) and supporting quality control data for chemical
results.
Because of the potential for litigation involved with these samples, the Contractor shall retain all
samples for at least forty-five (45) days after the postmarked date of final analysis report. These
samples are still subject to chain of custody procedures until final disposal. The City reserves the
right to retrieve the sample(s) during the retention time or to request an extension of the retention
time, if necessary, without additional charge.
The Contractor shall not disclose data or disseminate the contents of the final or any preliminary
report without express written permission of the City.
The Contractor shall always maintain the integrity of the City's samples.
15.
PROJECT MANAGER: All correspondence dealing with issues related to work completed under
this contract shall be directed to the appropriate City Project Manager or their designee.
These names and addresses of the City Project Managers will be announced at the time of contract
award.
The Contractor shall provide a laboratory project manager to act as liaison to the City. This person
must be designated and shall be responsible for all City work under this contract. The Project
Manager shall be considered one of the Key Personnel as per the Special Terms and Conditions
of this RFP. If the Project Manager is not available due to vacation or extended time away; a
temporary contact should be named to handle urgent issues.
16.
CONTRACTOR CAPABILITY AND CAPACITY: During the term of this Contract, the Contractor
shall maintain the necessary capability and capacity to provide the specified laboratory services
within the required turnaround times. The Contractor and any, and all subcontractors shall provide
for access by City and State personnel and their authorized representatives to audit the lab to
ensure the accuracy and precision of laboratory results related to the work performed.
2021181
Page 13 of 52
EXHIBIT A
SCOPE OF WORK
17.
STATE
OF
ARIZONA
CERTIFICATION/ENVIRONMENTAL
PROTECTION
AGENCY
APPROVALS: The Contractor and any, and all subcontractors must be licensed by the State of
Arizona, Arizona Department of Health Services (ADHS), Office of Lab Licensure or Environmental
Protection Agency (EPA), for all requested analyses for the duration of the Contract. The Contractor
shall meet the laboratory licensure requirements as stipulated in the Arizona Revised Statute
Chapter 4.3, Article One, Section 36-495 et. Reg. or EPA. The Contractor shall submit copies of
such licenses and those of its sub-contractors with bid responses.
18.
19.
The Contractor shall provide copies of certification to the City upon execution of the contract and
any renewal thereof. Contractor shall provide to the City notification of any change of license status,
censure, fine, revocation, or any investigation by any certification agency, especially the ADHS or
EPA, within twenty-four (24) hours of notification.
EPA/ADHS QUALITY ASSURANCE/QUALITY CONTROL:
The Contractor and any and all
subcontractors must demonstrate continuing satisfactory performance by proficiency testing. The
most current proficiency results shall be submitted along with the bid. Additionally, the contractor
shall provide copies of the last two (2) audit reports by ADHS or EPA and associated responses
and resolution.
PROFICIENCY SAMPLES: The City may submit proficiency samples (blind, double blind, or
otherwise) to the laboratory as part of the regular sampling and QC procedures.
The lab will be required to submit a QA/QC report on any deficiencies and the corrective action
associated with the proficiency samples on an individual sampling period basis.
The laboratory may be required to analyze a second set of proficiency samples at their cost should
they fail to analyze the initial set within acceptable QA/QC limits.
Failure of the laboratory to analyze and report results within acceptable QA/QC limits can result in
cancellation of the contract.
The City shall, at different times, split samples with another lab.
20.
DISPOSAL: The contractor shall comply with all Federal, State, and local regulations for disposal
of samples and associated laboratory hazardous waste.
21.
PRE-AWARD AUDIT AND INTERVIEW:
Prior to award, the City may choose to audit the
Contractor's laboratory. The Contractor shall provide access by the City to audit the laboratory to
ensure that the necessary capability, capacity, and quality assurance/quality control exists to
provide the specified laboratory services. At this time, the City may hold an informal interview with
laboratory staff members regarding policies and procedures. If a substantial problem,
inconsistencies with stated equipment, procedures, or policies, or lack of infrastructure to meet the
City's workload are found during this audit, the audit team may find the contractor non-responsive.
22.
MULTIPLE ANALYTICAL METHODS: If an analyte can be tested by more than one method,
include in the price list separate line items showing the price and reporting limit. For example:
23.
a.
Metals can be analyzed by 200.7, 200.8, and 200.9.
b.
Uranium can be analyzed by 200.8 and radiochemistry methods.
COMPLIANCE WITH LAWS: Contractor shall comply with all federal, state, and local laws, rules,
regulations, standards and Executive Orders, without limitation to those designated within this
Contract. The laws and regulations of the State of Arizona shall govern the right of the parties, the
performance of this Contract, and any dispute hereunder. Any action relating to this Contract shall
be brought in a court of the State of Arizona in Maricopa County. Any changes in the governing
2021181
Page 14 of 52
24.
EXHIBIT A
SCOPE OF WORK
laws, rules, and regulations during the term of this Contract shall apply, but do not require and
amendment.
SUB-CONTRACTOR: A subcontractor is defined as a laboratory with a different ADHS license.
Contractor will be fully responsible for all acts and omissions of any sub-contractor and of persons
directly or indirectly employed by any sub-contractor and of persons for whose acts any of them
may be liable to the same extent that the Contractor is responsible for the acts and omissions of
persons directly employed by it. Nothing in this contract shall create any obligation on the part of
City to pay or see to the payment of any money due any sub-contractor, except as may be required
by law.
Contractor will be fully responsible for all late reports and fees as a result of the sub-contractor
laboratory inability to submit reports on time.
City reserves the right to approve all sub-contractor(s). Contractors are responsible for all actions
of sub-contractor(s). Contractor shall name sub-contractor(s) as additionally insured in addition on
all required insurance documents.
25.
SAFETY STANDARDS: Precaution shall be exercised by the Contractor(s) at all times for the
protection of persons (including employees) and property. The Contractor shall comply with the
provisions of all applicable laws, pertaining to such protection including all City, Maricopa County,
State of Arizona and Federal and State Occupational Safety and Health Acts (OSHA), and Standards
and Regulations promulgated there under.
26.
SERVICES. ADDITIONS AND DELETIONS: The City may add and/or delete services at any time
by change order. The Contractor will be paid for all approved services satisfactorily completed.
The City reserves the right to utilize the prices and services originally proposed for future award
recommendations. Pricing for services added to the contract should be consistent with pricing for
other comparable services.
27.
INVOICING/PAYMENT:
2021181
a.
Invoices shall include the following:
i.
Invoice Number
ii.
Accession Number,
iii.
Date of Invoice
iv.
Customer Number
v.
City assigned Contract Number
vi.
City's ID
vii.
Project Name
viii.
Project Number
ix.
Authorization Name
x.
Date Samples Received
xi.
Test Description with EPA Method
xii.
Quantity
xiii.
Price and Surcharge (contract authorized)
xiv.
Test Total
xv.
Remit Amount.
xvi.
sales tax, if applicable
b.
Individual hard copy laboratory reports shall include a separate invoice. This invoice shall
include the following information:
c.
Contractor shall e-mail and mail via USPS, FedEx, UPS, etc., invoices to appropriate
email address, Street Address/Post Office Box no later than five (5) to seven (7) calendar
days after product/services is received by the City.
Page 15 of 52
28.
29.
30.
31.
EXHIBIT A
SCOPE OF WORK
d.
Payment in full shall be made to the Contractor within thirty (30) days after receipt and
approval of an invoice, unless terms other than net thirty (30) days are offered as a
discount, at the City's sole discretion.
e.
Payment method. Payment will be issued via city issued check or City Procurement Card
(Visa or Mastercard).
City of Mesa Water Resources Department invoices and required reports are to are to be emailed
WaterAcctsPayable@MesaAZ.gov. Invoice and correlating report must be submitted together.
Awarded contractor will work with each participating agency to establish invoicing and report receipt
processes.
TERM: This Solicitation is for awarding a fixed price purchasing contract to cover a three (3) year
term.
RENEWALS: On the mutual written agreement of the Parties, the Term may be renewed up to a
maximum of two (2) years. Any renewal{s) will be a continuation of the same terms and conditions
as in effect immediately prior to the expiration of the then-current term.
EXTENSIONS:
Upon the expiration of the Term of the Agreement, including any renewals
permitted herein, at the City's sole discretion the Agreement may be extended for a maximum of
six (6) months to allow for the City's procurement processes in the selection of a vendor to provide
the services/materials under this Agreement. The City intends to notify the Contractor in writing of
its desire to extend the Agreement at least thirty (30) calendar days prior to the expiration of the
Term.
Any extension will be a continuation of the same terms and conditions as in effect
immediately prior to the expiration of the then-current term.
PRICING:
a.
Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term
except where otherwise provided in this Agreement and include all costs of the Contractor
providing the materials/service including transportation, insurance and warranty costs. No
fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be
invoiced at prices higher than those stated in the Agreement.
The Contractor further agrees that any reductions in the price of the materials or services
covered by this Agreement will apply to the undelivered balance. The Contractor shall
promptly notify the City of such price reductions.
No price modifications will be accepted without proper request by the Contractor and
response by the City's Purchasing Division.
b.
Price Adjustment. Any requests for reasonable price adjustments must be submitted in
accordance with this section. Requests for adjustment in cost of labor and/or materials
must be supported by appropriate documentation. There is no guarantee the City will
accept a price adjustment therefore Contractor should be prepared for the Pricing to be
firm over the Term of the Agreement. The City is only willing to entertain price adjustments
based on an increase to Contractor's actual expenses or other reasonable adjustment in
providing the services/materials under the Agreement. If the City agrees to the adjusted
price terms, the City shall issue written approval of the change.
During the ninety (90) to sixty (60) day period prior to Contract expiration date of the
Agreement, the Contractor may submit a written request to the City to allow an increase to
the prices in an amount not to exceed the twelve (12) month change in the Consumer
Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not
Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor
Statistics (http://www.bls.gov/cpi/home.htm). The City shall review the request for
2021181
Page 16 of 52
2021181
EXHIBIT A
SCOPE OF WORK
adjustment and respond in writing; such response and approval shall not be unreasonably
withheld.
c.
Renewal and Extension Pricing. Any extension of the Agreement will be at the same
pricing as the initial Term. If the Agreement is renewed in accordance with Section 6,
pricing may be adjusted for amounts other than inflation that represent actual costs to the
Contractor based on the mutual agreement of the parties. The Contractor may submit a
request for a price adjustment along with appropriate supporting documentation
demonstrating the cost to the Contractor. Renewal prices shall be firm for the term of the
renewal period and may be adjusted thereafter as outlined in the previous section. There
is no guarantee the City will accept a price adjustment.
Page 17 of 52
EXHIBIT A
SCOPE OF WORK
32.
TYPES AND AMOUNTS OF INSURANCE: Insurance requirements are detailed in the Agreement
document. Contractor must obtain and retain throughout the term of the Agreement, at a minimum,
the following:
a.
Worker's compensation insurance in accordance with the provisions of Arizona law. If
Contractor operates with no employees, Contractor must provide the City with written proof
Contractor has no employees. If employees are hired during the course of this Agreement,
Contractor must procure worker's compensations in accordance with Arizona law.
b.
The Contractor shall maintain at all times during the term of this contract, a minimum
amount of $1 million per occurrence/$2 million aggregate Commercial General Liability
insurance, including Contractual Liability. For General Liability insurance, the City of Mesa,
their agents, officials, volunteers, officers, elected officials or employees shall be named
as additional insured, as evidenced by providing an additional insured endorsement.
c.
Automobile liability, bodily injury and property damage with a limit of $1 million per
occurrence including owned, hired and non-owned autos.
d.
Contractor's Pollution Liability - Contractor's pollution liability coverage with project-specific
limits of $1,000,000 per loss and a $2,000,000 annual aggregate for losses caused by
pollution conditions that arise from the operations of the Contractor as specified in the
Contract's scope of work and which shall include:
i.
Bodily injury sickness, disease, death, mental anguish or shock;
ii.
Property damage, including physical injury, to or destruction of property Including
loss of use, cleanup costs, and loss of use of property not physically injured nor
destroyed; and
iii.
Defense costs, including charges and expenses for investigation and claims
adjustment.
Prior to the execution of the Contract, the Contractor shall provide the City with a Certificate of
Insurance (using appropriate ACORD certificate) SIGNED by the Issuer, applicable endorsements,
and the City reserves the right to request additional copies of any or all of the above policies,
endorsements, or notices relating thereto.
When the City requires a Certificate of Insurance to be furnished, the Contractor's insurance shall
be primary of all other sources available. When the City is a certificate holder, the Contractor
agrees that no policy shall expire, be canceled or materially changed to affect the coverage
available without advance written notice to the City.
"Waiver of Subrogation". The policies required by this agreement (or contract) shall contain a
waiver of transfer rights of recovery (subrogation) against City, its agents, representatives,
directors, elected officials, officers, employees, and volunteers for any claims arising out of the work
of Contractor."
All insurance certificates and applicable endorsements are subject to review and approval by the
City's Risk Manager.
2021181
Page 18 of 52
EXHIBITB
PRICING
@lt_em_.__l P_ a_ r_a _m_ e_te.,..,r _________ AI ....
I _R_o_u_ti_n_e_C_o_st_BI _I ___ M_e_th_o_d __ CI ....
I ___
La_b_P_e _rf_or_m_i_n=g_A_n_a .... ly_s_is __ D
A
Drinking Water
1
Microbiology
Total coliform
Multiple Tube
Membrane Filter
Colilert
Colisure
Presence-Absence
Heterotrophic Plate Count
Escherichia Coli
Colilert
Colisure
Multiple Tube
Presence-Absence
Fecal coliform
Multiple Tube
Membrane Filter
Viruses
Giardia and Cryptosporidium
2
Inorganic Chemical and Physical
Characteristics
Alkalinity
Asbestos
Bromate
Bromide
Chloride
Chlorine
Chlorine Dioxide
Chlorite
Chromium Hexavalent
Color
2021181
NB
NB
$15.00
$25.00
$15.00
$15.00
$15.00
$25.00
NB
$15.00
$15 00
NB
NB
NB
$450.00
Routine Cost
$15.00
$150.00
$50.00
$35.00
$15.00
$30.00
$20.00
$50.00
$50.00
$10.00
NB
NB
NB
NB
SM 9223
Eurofins Test America PHX
SM 9223B
Eurofins Test America PHX
SM 9223
Eurofins Test America PHX
SM 9215B/C
Eurofins Test America PHX
SM 9223
Eurofins Test America PHX
SM9223B
Eurofins Test America PHX
NB
NB
SM 9223
Eurofins Test America PHX
NB
NB
NB
NB
NB
NB
EPA 1623
Eurofins Eaton Analytical SB
Method
Lab Performing Analysis
SM 2320B
Eurofins Eaton Analytical
EPA 100.2
Eurofins Eaton Analytical
EPA 317
Eurofins Eaton Analytical
EPA 300.0
Eurofins Eaton Analytical
EPA 300.0
Eurofins Eaton Analytical
SM 4500CL-G
Eurofins Eaton Analytical
SM 4500CL02-D
Eurofins Eaton Analytical
EPA 300.0
Eurofins Eaton Analytical
EPA 218.6
Eurofins Eaton Analytical
SM 2120B
Eurofins Eaton Analytical
Page 19 of 52
Corrosivity
Cyanide
Cyanide, Amenable
Fluoride
Hardness
Methylene Blue Active Substances
Nitrate
3
Nitrite
Ortho-Phosphate
Ozone
Perchlorate
pH
TDS
Specific Conductance
Sulfate
TOC
DOC
Turbidity
UV254
Metals
Metals (ICP}
Metals (ICP-MS}
Metals (GFAA) (list metals and price}
Mercury
Sample prep for metals
4
Organic Chemicals
Total Trihalomethanes
Volatile Organics
Chlorinated Pesticides
PCB
Herbicides
2021181
EXHIBIT B
PRICING
$15.00
$35.00
$45.00
$15.00
$15.00
$35.00
$15.00
$15.00
$20.00
NB
$50.00
$10.00
$15.00
$15.00
$15.00
$35.00
$40.00
$15.00
$25.00
Routine Cost
$10.00
$10.00
NB
$10.00
$10.00
Routine Cost
$50.00
$75.00
$100.00
w/ row 77
$100.00
SM 2330B
Eurofins Eaton Analytical
SM 4500CN F
Eurofins Eaton Analytical
SM 4500CN G
Eurofins Eaton Analytical
SM 4500F C
Eurofins Eaton Analytical
SM 2340B
Eurofins Eaton Analytical
SM 5540C
Eurofins Eaton Analytical
EPA 300.0
I
Eurofins Eaton Analytical
EPA 300.0
Eurofins Eaton Analytical
SM 4500P-E
Eurofins Eaton Analytical
NB
NB
EPA 314
Eurofins Eaton Analytical
SM 4500H-B
Eurofins Eaton Analytical
SM 2540C
Eurofins Eaton Analytical
SM 2510B
Eurofins Eaton Analytical
EPA 300.0
Eurofins Eaton Analytical
SM 5310C
Eurofins Eaton Analytical
SM 5310C
Eurofins Eaton Analytical
EPA 180.1
Eurofins Eaton Analytical
SM 5910B
Eurofins Eaton Analytical
Method
Lab Performing Analysis
EPA 200.7
Eurofins Eaton Analytical
EPA 200.8
Eurofins Eaton Analytical
NB
NB
EPA 200.8
Eurofins Eaton Analytical
Method
Lab Performing Analysis
EPA 524.2
Eurofins Eaton Analytical
EPA 524.2
Eurofins Eaton Analytical
EPA 505
Eurofins Eaton Analytical
EPA 505
Eurofins Eaton Analytical
EPA 515.4
Eurofins Eaton Analytical
Page 20 of 52
EDB/ DBCP
Aldicarbs
Nitrogen and Phosphorus Pesticides
Base/Neutrals and Acids
Carbamates
Dioxins and Furans
Glyphosate
Endothall
Diquat and Paraquat
PFAS
PAH
DBPs and Chlorinated Solvents
HAAs
Phthalate Esters and Adipates
Benzidines and Nitrogen Pesticides
Carbonyl Compounds
Chlorinated Acids
NDMA
Endocrine Disrupting Compounds
Pharmaceuticals and Personal Care
Products
5
Radiochemistry
Gross Alpha
Gross Beta
Radon 222
Radium 226
Radium 228
Total Radium
Cesium
Iodine
Strontium
Tritium
Uranium
2021181
EXHIBIT B
PRICING
$50.00
$90.00
wt row 83
$200.00
wt row 81
$225.00
$90.00
$90.00
$90.00
$300.00
wt row 83
$75.00
$90.00
w/ row 83
w/row 83
$150.00
$100.00
$200.00
$700.00
wt row 98
Routine Cost
$90.00
wt row 102
$50.00
$125.00
$125.00
$200.00
NB
$150.00
$145.00
$75.00
$115.00
EPA 551.1
I
Eurofins Eaton Analytical
EPA 531.2
Eurofins Eaton Analytical
EPA 525.2
Eurofins Eaton Analytical
EPA 525.2
Eurofins Eaton Analytical
EPA 531.2
Eurofins Eaton Analytical
EPA 1613
Eurofins Eaton Analytical
EPA 547
Eurofins Eaton Analytical
EPA 548.1
Eurofins Eaton Analytical
EPA 549.2
Eurofins Eaton Analytical
EPA 537.1
Eurofins Eaton Analytical
EPA 525.2
Eurofins Eaton Analytical
EPA 524.2
Eurofins Eaton Analytical
SM 6251B
Eurofins Eaton Analytical
EPA 525.2
Eurofins Eaton Analytical
EPA 525.2
Eurofins Eaton Analytical
EPA 556
Eurofins Eaton Analytical
EPA 515.4
Eurofins Eaton Analytical
EEA 521.1
Eurofins Eaton Analytical
EEA 9609
Eurofins Eaton Analytical
EEA 9609
Eurofins Eaton Analytical
Method
Lab Performing Analysis
EPA 900.0
Radiation Safety
EPA 900.0
Radiation Safety
SM 7500RN
Radiation Safety
EPA 903.1
Radiation Safety
EPA 904
Radiation Safety
EPA 903/904
Radiation Safety
NB
EPA 901.1
Radiation Safety
EPA 905
Radiation Safety
EPA 906
Radiation Safety
EPA 00-07
Radiation Safety
Page 21 of 52
Gamma Emitting Isotopes
6
Biological
Microscopic Particulate Analysis
7
Other Drinking Water Methods
B
Ion Chromatography (Fluoride, Chloride,
Nitrate, Nitrite, O-Phosphate, Sulfate
Wastewater
Microbiology
Fecal Coliform
Multi Tube Fermentation
Membrane Filter
Quanti-Tray
Total Coliform
Multi Tube Fermentation
Membrane Filter
Quanti-Tray
Fecal Streptococcus
Multi Tube Fermentation
Membrane Filter
Escherichia coli by Colilert MPN
Escherichia coli (not for NPDES} in
conjunction with SM 9221 B and 9221 E
Viruses
Enteric Viruses
Giardia and Cryptosporidium
Ascaris lumbricoides
Common tapeworm
Entamoeba histolytica
SARS-COV-2
2021181
EXHIBIT B
PRICING
$150.00
Routine Cost
NB
Routine Cost
$60.00
Routine Cost
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
EPA901.1
Radiation Safety
I I
Method I I
Lab Performing Analysis
NB
NB
Method
Lab Performing Analysis
various
Eurofins Eaton Analytical
Method
Lab Performing Analysis
I
I I
Page 22 of 52
2
Inorganic Chemicals, Nutrients and
Demand
Acidity
Alkalinity
Ammonia
BOD
Bromide
COD
Chloride
Chlorine
Chromium Hexavalent
Color
Cyanide (amenable)
Cyanide (free)
Cyanide (total)
Fluoride
Hardness
TKN
MBAS
Nitrate
Nitrite
Oil and Grease
TOC
Ortho-Phosphate
Oxygen, dissolved
Perchlorate
pH
Phenols
Phosphorus (total)
Residue (total)
TDS
TSS
Settleable Solids
Residue, Volatile
2021181
EXHIBIT B
PRICING
Routine Cost
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
Method
Lab Performing Analysis
Page 23 of 52
Silica
Sodium Azide
Specific Conductance
Sulfate
Sulfide
Sulfite
Turbidity
3
Metals
4
5
Metals (ICP)
Metals (ICP-MS)
Metals {GFAA) (list metals and price)
Gold
Iridium
Mercury
Osmium
Palladium
Platinum
Rhodium
Ruthenium
Titanium
Uranium
Sample prep for metals
Aquatic Toxicity Bioassay
Toxicity, Acute
Toxicity, Chronic
Organic Chemical
Volatile organics GC/MS
Acrolein and Acrylonitrile
Aldicarbs
Phenols
2021181
EXHIBIT B
PRICING
NB
NB
NB
NB
NB
NB
NB
Routine Cost
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
Routine Cost
NB
NB
Routine Cost
NB
NB
NB
NB
I
Method
Lab Performing Analysis
Method
Lab Performing Analysis
Method
Lab Performing Analysis
Page 24 of 52
6
7
Benzidines
Diquat and Paraquat
Glyphosate
Endothall
Organophosphorus Pesticides
Phthalate Esters
Nitrosamines
Organochlorine Pesticides and PCBs
Nitroaromatics and lsophorone
PFAS
PAH
Haloethers
Herbicides
Chlorinated Hydrocarbons
2,3,7,8,TCDD (Dioxin)
Tetra through Octa Chlorinated Dioxins
and Furans
Triazine Pesticides
Base/Neutral and Acids (62 5 or 1625)
Carbamates and Urea Pesticides
TPH
Extractable Fuel Hydrcarbons (C10-C32)
Ethylene Glycol
Radio Chemistry
Gross Alpha
Gross Beta
Total Radium
Radium 226
Other Wastewater Tests
Ion Chromatography (Fluoride, Chloride,
Nitrate, Nitrite, Bromide)
0-Phosphate, Sulfate
2021181
EXHIBIT B
PRICING
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
Routine Cost
NB
NB
NB
NB
Routine Cost
NB
NB
Method
Lab Performing Analysis
Method
Lab Performing Analysis
Page 25 of 52
C.
2
3
4
5
1657
PCB's only
Hazar dous Waste
Mi crobiology
Total Coliforms
Multiple Tube F ermentation
Membrane Filter
Hazar dous Waste Characte ristics
Corrosivity
pH determination
Corrosive to steel
Dermal
lgnitability
Paint Filter
Reactivity
Sample Ext raction P roce d u re s
Extraction procedure toxicity 1310A
TCLP1311
1320
1330A
SPLP 1312
Specific conductance
Sample P rep for Metals
(explain reason(s) for prep and cost)
Inorgani c Chemical
Metals (ICP)
Metals (ICP-MS)
Metals (GFAA ) (list metals and price)
2021181
EXHIBIT B
PRICING
NB
NB
Routine Cost
$0.00
$0.00
$0.00
Routine Cost
NB
NB
NB
NB
NB
NB
Routine Cost
NB
NB
NB
NB
NB
NB
.__ __ M_e_t _h _od __ ____.l
._I _ _ _ L _a_b_P_e _ rf_o_rm_in__,g'--A_ n_a_ly
... s_i _s __ ___,
Meth od
Lab Performing Analysi s
Meth od
Lab Performing Analysis
__ R_o_u_t _ic-:_c_os_t_---1,
t-, ___ M_e _th_ o_ d __ ---1,
1-,
___ L_a_b_P_e_rf_o_r_m_l_n.:::g _A_ n_adly
.._s_i _s __ ---1
Routine Cost
Lab Performing Analysi s
NB
NB
NB
Page 26 of 52
Chromium Hexavalent
Mercury
White Phosphorus
Sample prep for metals
6
Sample Preparation and Extraction
7
Sample Cleanup
(explain reason(s) and cost)
Organics Chemicals (includes
8
extraction)
EDB and DBCP
Nonhalogenated Volatile Organics
Volatile Organics
Organochlorine Pesticides
PCB's
PCB's in oil
PFAS
PAH
Dioxins
Chlorinated Herbicides
Semivolatile
9
Miscellaneous
Ammonia
Cyanide
TOX
Sulfides
Sulfate
pH
Specific Conductance
TOC
Phenolics
2021181
EXHIBIT B
PRICING >------II
I-------------,
Included in the price of the analysis
_
1-, ___ c_
N
_o;_t ___ --i,
1-, ___ R_e_a_s_o_n(QsR) __ --i
Routine Cost
Method
Lab Performing Analysis
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
Routine Cost
Method
Lab Performing Analysis
NB
NB
NB
NB
NB
NB
NB
NB
NB
Page 27 of 52
Oil and Grease
Nitrate
Nitrite
Chloride
Bromide
Fluoride
Paint filter
TKN
Total Phosphorus
Ortho Phosphate
10
Asbestos
Fiber Counting
Bulk Asbestos
11
Radiochemical
Gross Alpha and Beta
Alpha-Emitting Radium Isotopes
Radium-228
12
Other
Ion Chromatography (Chloride, Nitrate,
Nitrite, a-Phosphate, Sulfate }
D
Air and Stack Parameters
Volatiles (includes TCE, PCE, 1, 1-DCE,
1.1, 1-TCA and Chloroform)
Uniform charge and surcharge pricing
E
for:
Uniform charge and surcharge pricing for.
Routine analyses for
all parameters listed in the program tables.
2021181
EXHIBIT B
PRICING
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
Routine Cost
NB
NB
Routine Cost
NB
NB
NB
Routine Cost
NB
Routine Cost
NB
Method
Method I
Method I
'----$0_.o_o _ __,I
.__I _
_
_ ___,
Lab Performing Analysis
Lab Performing Analysis
I
Lab Performing Analysis
I
Lab Performing Analysis
Page 28 of 52
F
Rush analyses - 24
hour, 48 hour, 72 hours, 5 day, and 7 day
Weekend and holiday
analyses
Emergency analyses
Miscellaneous • Other Related
Services, Supplies not listed above
Proposers should not leave the discount
section blank on the pricing sheet. A
nominal value should be included
anywhere from 0% to 100%. If different
discounts would apply depending on the
type of product or equipment, right
"various" in the space provided and
include a list of different discounts offered.
Miscellaneous - Other Related
G
Services, Supplies not listed above
EXHIBIT B
PRICING
(100/100/75150/25)%
75%
100%
Percentage
Discounts For Other
Services
20%
The City recognizes that do to regulatory and statue changes and requirements, as well as needs of each agency that it may be necessary to add new or
change services to resulting contract(s). Therefore, City reserves the right to add new services and products to the contract. Such services and services
added to the resulting contract(s) should be at the same pricing methodology/discounts as the services and products already on contract. This will also
apply to future UCMR studies that do not have a final approved list of testing. Participating agencies may also amend any participating agreement(s) as
necessary.
Proposers should not leave the discount
section blank on the pricing sheet. A
nominal value should be included
anywhere from 0% to 100%. if different
discounts would apply depending on
the type of product or services, please
use the word "various" in the space
2021181
Percentage
Discounts For Other
Services
20%
Page 29 of 52
provided and include a list of different
discounts offered.
EXHIBIT B
PRICING
The City will add any applicable sales tax or use tax. Sales/Use taxes should not be included in the bid prices. Vendors who will be charging a Mesa
Transaction Privilege Tax (TPT) will have a 2.00% removed from the taxable item(s) for the purpose of award evaluation (i.25).
Item I Parameter
A
Drinking Water
Microbiology
Total coliform
Multiple Tube
Membrane Filter
Colilert
Colisure
Presence-Absence
Heterotrophic Plate Count
Escherichia Coli
Colilert
Colisure
Multiple Tube
Presence-Absence
Fecal coliform
Colisure
Membrane Filter
Viruses
Giardia and Cryptosporidium
2021181
Roulir:,
Cc:st
NB
NB
$30.00
$30.00
NB
$60.00
$30.00
NB
NB
NB
$30.00
NB
NB
NB
Method
SM 9223 B
!
SM 9223 B
SM 9215B
SM 9223 B
SM 9223 B
Lih
P"'r',1rming
An.ilv;;is
AC&T
AC&T
AC&T
AC&T
AC&T
Page 30 of 52
2
Inorganic Chemical and Physical
Characteristics
A lkalinity
A sbestos
Bromate
Bromide
Chloride
Chlorine
Chromium Hexavalent
Color
Corrosivity
Cyanide
Cyanide, A menable
Fluoride
Hardness
Methylene Blue A ctive Substances
Nitrate
Nitrite
Ortho-Phosphate
Ozone
Perchlorate
pH
TDS
Specific Conductance
Sulfate
TOC
DOC
Turbidity
UV254
2021181
EXHIBIT B
PRICING
Routine
Cost
$25.00
NB
NB
NB
$25.00
$25.00
NB
NB
$70.00
$50.00
$90.00
$65.00
$65.00
$25.00
$25.00
$100.00
$25.00
$25.00
$25.00
NB
NB
$20.00
$30.00
$25.00
$25.00
$75.00
$105.00
$25.00
$60.00
Lab
Method
Performing
Analvsls
SM 2320 B
AC&T
SM 4500-CI C
AC&T
SM 4500-Cl2 G
AC&T
SM 3500Cr D
AC&T
SM 2120 B
AC&T
Calculation (Langlier/Rysner)
AC&T
SM 4500 CN C,E
AC&T
SM 4500 CN G,E
AC&T
SM 4500 F C
AC&T
SM 2340 C
AC&T
SM 5540 C
AC&T
SM 4500 N03 E
AC&T
SM 4500 N02 B
AC&T
EPA 365.3
AC&T
SM 4500 H+ B
AC&T
SM 2540 C
AC&T
EPA 120.1
AC&T
SM 4500 S04 D
AC&T
SM 5310 C
AC&T
SM 5310 C
AC&T
EPA 180.1
AC&T
SM 5910 B
AC&T
Page 31 of 52
3
Metals
Metals (ICP)
Metals (ICP-MS)
Metals (GFAA) (list metals and price)
Mercury
Sample prep for metals
4
Organic Chemicals
Total Trihalomethanes
Volatile Organics
Chlorinated Pesticides
PCB
Herbicides
EDB/DBCP
Aldicarbs
Nitrogen and Phosphorus Pesticides
Base/Neutrals and Acids
Carbamates
Dioxins and Furans
Glyphosate
Endothall
Diquat and Paraquat
PFAS
PAH
DBPs and Chlorinated Solvents
HAAs
Phthalate Esters and Adipates
Benzidines and Nitrogen Pesticides
Carbonyl Compounds
Chlorinated Acids
2021181
EXHIBIT B
PRICING
Routine
Cost
NB
$20.00
NB
NB
$35.00
Routine
Cost
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
Lab
Method
Performing
Analvsis
EPA 200.8
AC&T
EPA 3005, 3010, 3020
AC&T
Lab
Method
Performing
Analysis
Page 32 of 52
5
6
NOMA
Endocrine Disrupting Compounds
Pharmaceuticals and Personal Care Products
Radiochemistry
Gross Alpha
Gross Beta
Radon 222
Radium 226
Radium 228
Total Radium
Cesium
Iodine
Strontium
Tritium
Uranium
Gamma Emitting Isotopes
Biological
Microscopic Particulate Analysis
7
Other Drinking Water Methods
B
Ion Chromatography (Fluoride, Chloride, Nitrate,
Nitrite, 0-Phosphate, Sulfate
2021181
EXHIBIT B
PRICING
Routine
Cost
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
Routine
Cost
$400.00
Routine
Cost
NB
Routine
Cost
>----------<I I
Lab
Method
Performing
Analvsis
Lab
Method
Performing
Analysis
910/9-92-029
AC&T
Lab
Method
Performing
Analysis
Lab
Method
Performing
Anal sis
Page 33 of 52
Wastewater
Microbiology
Fecal Coliform
Multi Tube Fermentation
Membrane Filter
Quanti-Tray
Total Coliform
Multi Tube Fermentation
Membrane Filter
Quanti-Tray
Fecal Streptococcus
Multi Tube Fermentation
Membrane Filter
Escherichia coli by Colilert MPN
Escherichia coli (not for NP DES) in conjunction
with SM 9221 B and 9221 E
Viruses
Enteric Viruses
Giardia and Cryptosporidium
Ascaris lumbricoides
Common tapeworm
Entamoeba histolytica
SARS-COV-2
2
Inorganic Chemicals, Nutrients and Demand
Acidity
Alkalinity
Ammonia
BOD
Bromide
COD
Chloride
2021181
EXHIBIT B
PRICING
NB
NB
$30.00
NB
NB
$30.00
$100.00
NB
$30.00
NB
NB
NB
NB
NB
NB
NB
NB
Routine
Cost
$25.00
$25.00
$25.00
$45.00
NB
NB
$25.00
SM 9223 B
AC&T
SM 9223 B
AC&T
SM 9230 B
AC&T
SM 9223 B
AC&T
Lab
Method
Performing
Analysis
SM 2310 B
AC&T
SM 2320 B
AC&T
SM 4500 NH4 D
AC&T
SM 5210 B
AC&T
SM 4500-CI C
AC&T
Page 34 of 52
Chlorine
Chromium Hexavalent
Color
Cyanide (amenable)
Cyanide (free)
Cyanide (total)
Fluoride
Hardness
TKN
MBA S
Nitrate
Nitrite
O il and Grease
TOC
Ortho-Phosphate
O xygen, dissolved
Perchlorate
pH
Phenols
Phosphorus (total)
Residue (total)
TDS
TSS
Settleable Solids
Residue, Volatile
Silica
Sodium Azide
Specific Conductance
Sulfate
Sulfide
Sulfite
Turbidity
2021181
EXHIBIT B
PRICING
$25.00
$70.00
$50.00
$65.00
$65.00
$65.00
$25.00
$25.00
$40.00
$100.00
$25.00
$25.00
NB
$75.00
$25.00
$25.00
NB
$20.00
NB
$35.00
$30.00
$30.00
$30.00
$30.00
$50.00
$30.00
NB
$25.00
$25.00
$30.00
$50.00
$25.00
SM 4500-Cl2 G
AC&T
SM 3500 Cr D
AC&T
SM 2120 B
AC&T
SM 4500 CN G,E
AC&T
SM 4500 CN C,E
AC&T
SM 4500 CN C,E
AC&T
SM 4500 F C
AC&T
SM 2340 C
AC&T
SN 4500 Norg C, NH3 C/D
AC&T
SM 5540 C
AC&T
SM 4500 N03 E
AC&T
SM 4500 N02 B
AC&T
SM 5310 C
AC&T
EPA 365.3
AC&T
SM 4500 0 G
AC&T
SM 4500 H+ B
AC&T
EPA 365.3
AC&T
SM 2540 B
AC&T
SM 2540 C
AC&T
SM 2540 D
AC&T
SM 2540 F
AC&T
EPA 160.4
AC&T
HACH
AC&T
EPA 120.1
AC&T
SM 4500 S04 D
AC&T
SM 4500 SC F
AC&T
SM 4500 S03 B
AC&T
EPA 180.1
AC&T
Page 35 of 52
3
Metals
Metals (ICP)
Metals (ICP-MS)
Metals (GFAA) (list metals and price)
Gold
Iridium
Mercury
Osmium
Palladium
Platinum
Rhodium
Ruthenium
Titanium
Uranium
Sample prep for metals
4
Aquatic Toxicity Bioassay
Toxicity, Acute (dependent upon number replicates and
dilutions)
Toxicity, Chronic (algae $800, invert and vertebrate
$1150)
5
Organic Chemical
Volatile organics GC/MS
Acrolein and Acrylonitrile
Aldicarbs
Phenols
Benzidines
Diquat and Paraquat
2021181
EXHIBIT B
PRICING
Routine
Cost
NB
$20.00
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
$35.00
Routine
Cost
$450.00 to
850.00
$800.00-
1150.00
Routine
Cost
NB
NB
NB
NB
NB
NB
Method
EPA 200.8
Method
EPA Method 821-R-02-012 (see complete
fee sched)
EPA Method 821-R-02-013 (see complete
fee sched)
Method
Lab
Performing
Analysts
AC&T
Lab
Performing
Analysis
AC&T
AC&T
Lab
Performing
Analysis
Page 36 of 52
6
7
Glyphosate
Endothall
Organophosphorus Pesticides
Phthalate Esters
Nitrosamines
Organochlorine Pesticides and PCBs
Nitroaromatics and lsophorone
PFAS
PAH
Haloethers
Herbicides
Chlorinated Hydrocarbons
2,3,7,8,TCDD (Dioxin)
Tetra through Octa Chlorinated Dioxins and Furans
Triazine Pesticides
Base/Neutral and Acids (625 or 1625)
Carbamates and Urea Pesticides
TPH
Extractable Fuel Hydrcarbons (C1 0-C32)
Ethylene Glycol
Radio Chemistry
Gross Alpha
Gross Beta
Total Radium
Radium 226
Other Wastewater Tests
Ion Chromatography (Fluoride, Chloride, Nitrate,
Nitrite, Bromide)
2021181
EXHIBIT B
PRICING
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
Routine
Cost
NB
NB
NB
NB
Routine
Cost
NB
Method
Method
Lab
Performing
Analvsis
Lab
Performing
Analvsis
Page 37 of 52
C.
2
O-Phosphate, Sulfate
1657
PCB's only
Hazardous Waste
Microbiology
Total Coliforms
Multiple Tube Fermentation
Membrane Filter
Hazardous Waste Characteristics
Corrosivity
pH determination
Corrosive to steel
Dermal
lgnitability
Paint Filter
Reactivity
3
Sample Extraction Procedures
Extraction procedure toxicity 131 0A
TCLP 1311
1320
1330A
SPLP 1312
Specific conductance
2021181
EXHIBIT B
PRICING
Routine
Cost rn
B
B
Routine
Cost
$20.00
NB
NB
$100.00
$40.00
$180.00
Routine
Cost
NB
NB
NB
NB
NB
NB
Method
Method
I
SW846
SW846
SW846
SW846
Method
Lab
Performing
Anal sis
Lab
Performing
Anal sis
AC&T
AC&T
AC&T
AC&T
Lab
Performing
Analysis
Page 38 of 52
4
Sample Prep for Metals
(explain reason(s) for prep and cost)
Inorganic Chemical
5
Metals (ICP)
Metals (ICP-MS)
Metals (GFAA) (list metals and price)
Chromium Hexavalent
Mercury
White Phosphorus
Sample prep for metals
Sample Preparation and Extraction
7
Sample Cleanup
(explain reason(s) and cost)
8
Organics Chemicals (includes extraction)
EDB and DBCP
Nonhalogenated Volatile Organics
Volatile Organics
Organochlorine Pesticides
PCB's
PCB's in oil
PFAS
PAH
Dioxins
Chlorinated Herbicides
2021181
EXHIBIT B
PRICING
Routine
Cost
NB
Routine
Cost
NB
NB
NB
NB
NB
NB
NB
Included in the price of the
analysis
Method
Method
Lab
Performing
Analvsis
Lab
Performing
Analvsis
t---C
N
WoX:-t-....,1 _ M1-----R_e_a_s_o _nN<sN)-----11 _ 1------1
Routine
Cost
Method
Lab
Performing
Analvsis
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
Page 39 of 52
Semivolatile
9
Miscellaneous
Ammonia
Cyanide
TOX
Sulfides
Sulfate
pH
Specific Conductance
TOC
Phenolics
Oil and Grease
Nitrate
Nitrite
Chloride
Bromide
Fluoride
Paint filter
TKN
Total Phosphorus
Ortho Phosphate
10
Asbestos
Fiber Counting
Bulk Asbestos
11
Radiochemical
Gross Alpha and Beta
2021181
EXHIBIT B
PRICING
NB
Routine
Cost
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
Routine
Cost
NB
NB
Routine
Cost
NB I
I
Lab
Method
Performing
Analysis
I
Lab
Method
Performing
Analysis
I
Lab
Method
Performing
Analysis
Page 40 of 52
EXHIBIT B
PRICING
Alpha-Emitting Radium Isotopes
NB
Radium-228
NB
Other
Routine
Lab
Cost
Method
Performing
12
Analvsis
Ion Chromatography (Chloride, Nitrate, Nitrite, o-
Phosphate, Sulfate)
NB
Routine
Lab
Cost
Method
Performing
D
Air and Stack Parameters
Analvsis
Volatiles (includes TCE, PCE, 1,1-DCE, 1, 1, 1-TCA and
NB
Chloroform)
E
Uniform charge and surcharge (!ricing for:
Uniform charge and surcharge pricing for:
Routine analyses for all parameters
$0.00
listed in the program tables.
Rush analyses - 24 hour, 48 hour, 72
3X to 1.5X
3X=24 hr, 2X 48-72 hr, 1.5X 5-7 d
hours, 5 day, and 7 day
base rate
Weekend and holiday analyses
quote
Emergency analyses
quote
Percentage
Discounts
Miscellaneous - Other Related Services, Su1mlies not
For Other
F
llsted above
Services
2021181
Page 41 of 52
G
Proposers snould not leave the discount section
blank on the pricing sheet. A nominal value
should be included anywhere from 0% to 100%.
If different discounts would apply depending on
the type of product or equipment, right "various··
in the space provided and include a list of
different discounts offered.
EXHIBIT B
PRICING
0%
Miscellaneous • Other Related Services, Supplies not listed above
The City recognizes that do to regulatory and statue changes and requirements, as well as needs of each
agency that it may be necessary to add new or change services to resulting contract(s). Therefore, City
reserves the right to add new services and products to the contract. Such services and services added to
the resulting contract(s) should be at the same pricing methodology/discounts as the services and products
already on contract. This will also apply to future UCMR studies that do not have a final approved list of
testing. Participating agencies may also amend any participating agreement(s) as necessary.
Proposers should not leave the discount section
blank on the pricing sheet. A nominal value
should be included anywhere from 0% to 100%.
If different discounts would apply depending
on the type of product or services, please use
the word "various" in the space provided and
include a list of different discounts offered.
2021181
Percentage
Discounts
For Other
Services
0%
Page 42 of 52
EXHIBIT B
PRICING
The City will add any applicable sales tax or use tax. Sales/Use taxes should not be included in the bid
prices. Vendors who will be charging a Mesa Transaction Privilege Tax (TPT) will have a 2.00% removed
from the taxable item(s) for the purpose of award evaluation (i.25).
2021181
Page 43 of 52
EXHIBIT C
MESA STANDARD TERMS AND CONDITIONS
1.
INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to
the City will be that of an independent contractor.
Contractor and all persons employed by
Contractor, either directly or indirectly, are Contractor's employees, not City employees.
Accordingly, Contractor and Contractor's employees are not entitled to any benefits provided to
City employees including, but not limited to, health benefits, enrollment in a retirement system, paid
time off or other rights afforded City employees. Contractor employees will not be regarded as City
employees or agents for any purpose, including the payment of unemployment or workers'
compensation. If any Contractor employees or subcontractors assert a claim for wages or other
employment benefits against the City, Contractor will defend, indemnify and hold harmless the City
from all such claims.
2.
SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the
express written permission of the City. If Contractor has received authorization to subcontract work,
it is agreed that all subcontractors performing work under the Agreement must comply with its
provisions. Further, all agreements between Contractor and its subcontractors must provide that
the terms and conditions of this Agreement be incorporated therein.
3.
ASSIGNMENT. This Agreement may not be assigned, either in whole or in part, without first
receiving the City's written consent. Any attempted assignment, either in whole or in part, without
such consent will be null and void and in such event the City will have the right, at its option, to
terminate the Agreement. No granting of consent to any assignment will relieve Contractor from
any of its obligations and liabilities under the Agreement.
4.
SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and
inure to the benefit of the parties and their respective permitted successors and assigns.
5.
NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the
parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights,
or responsibilities in any third parties.
6.
NON-EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or
services set forth herein from other sources when deemed necessary and appropriate.
No
exclusive rights are encompassed through this Agreement.
7.
AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be
modified in a writing signed by both parties. No charge for extra work or material will be allowed
unless approved in writing, in advance, by the City and Contractor.
8.
TIME OF THE ESSENCE. Time is of the essence to the performance of the parties' obligations
under this Agreement.
9.
COMPLIANCE WITH APPLICABLE LAWS.
a.
General. Contractor must procure all permits/licenses and pay all charges and fees necessary
and incidental to the lawful conduct of business. Contractor must stay fully informed of existing
and future federal, state, and local laws, ordinances, and regulations that in any manner affect
the fulfillment of this Agreement and must comply with the same at its own expense. Contractor
bears full responsibility for training, safety, and providing necessary equipment for all
Contractor personnel to achieve compliance throughout the term of the Agreement. Upon
request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and
other activities used to ensure compliance.
b.
Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy
establishing a drug-free workplace for itself and those doing business with the City to ensure
the safety and health of all persons working on City contracts and projects. Contractor will
require a drug-free workplace for all Contractor personnel working under this Agreement.
Specifically, all Contractor personnel who are working under this Agreement must be notified
in writing by Contractor that they are prohibited from the manufacture, distribution,
dispensation, possession, or unlawful use of a controlled substance in the workplace.
2021181
Page 44 of 52
EXHIBIT C
MESA STANDARD TERMS AND CONDITIONS
Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel
and will ensure that Contractor personnel do not use or possess illegal drugs while in the course
of performing their duties.
c.
Federal and State Immigration Laws. Contractor agrees to comply with the Immigration
Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the
City and its agents to inspect applicable personnel records to verify such compliance as
permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all
Contractor personnel have a legal right to live and work in the United States.
i.
As applicable to Contractor, under the provisions of A.RS. § 41-4401, Contractor hereby
warrants to the City that Contractor and each of its subcontractors will comply with, and
are contractually obligated to comply with, all federal immigration laws and regulations that
relate to their employees and A.RS. § 23-214(A) (hereinafter collectively the "Contractor
Immigration Warranty").
ii.
A breach of the Contractor Immigration Warranty will constitute a material breach of this
Agreement and will subject Contractor to penalties up to and including termination of this
Agreement at the sole discretion of the City.
iii.
To ensure Contractor and its subcontractors are complying with the Contractor Immigration
Warranty, the City retains the legal right to conduct random verification of the employment
records of any Contractor or subcontractor employee who works on this Agreement,
including the inspection of the papers of such employees. Contractor agrees to assist the
City in regard to any random verification performed.
iv.
Neither Contractor nor any subcontractor will be deemed to have materially breached the
Contractor Immigration Warranty if Contractor or subcontractor establishes that it has
complied with the employment verification provisions prescribed by Sections 274a and
274b of the Federal Immigration and Nationality Act and the E-Verify requirements
prescribed by A.RS.§ 23-214(A).
d.
Nondiscrimination. Contractor understands and acknowledges that it is the policy of the City
of Mesa to promote non-discrimination. As such, Contractor represents and warrants that it
does not discriminate against any employee or applicant for employment or person to whom it
provides services because of race, color, national origin, age, disability, religion, sex, sexual
orientation, gender identity and expression, veterans' status, marital status, or genetic
information, and represents and warrants that it complies with all applicable federal, state, and
local laws and executive orders regarding employment. In performance under this Agreement,
Contractor and Contractor's personnel will comply with applicable provisions of the following
laws (as amended): Title VII of the U.S. Civil Rights Act of 1964, Section 504 of the Federal
Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and any
other applicable non-discrimination laws and rules.
e.
State Sponsors of Terrorism Prohibition. Per A.R.S. § 35-392, Contractor must not be in
violation of section 60) of the Federal Export Administration Act and subsequently prohibited
by the State of Arizona from selling goods or services to the City.
f.
Israel Boycott Divestments. In accordance with the requirements of A.RS. § 35-393.01, if
the Agreement requires Contractor to acquire or dispose of services, supplies, information
technology or construction with a value of $100,000 or more, then, by entering into this
Agreement, Contractor certifies that it is not currently engaged in, and agrees for the duration
of the Agreement to not engage in, a boycott of goods and services from Israel.
10.
SALES/USE TAX, OTHER TAXES.
2021181
Page 45 of 52
EXHIBIT C
MESA STANDARD TERMS AND CONDITIONS
a.
Contractor is responsible for the payment of all taxes including federal, state, and local taxes
related to or arising out of Contractor's services under this Agreement including, by way of
illustration but not limitation, federal and state income tax, Social Security tax, unemployment
insurance taxes, and any other taxes or business license fees, as required. If any taxing
authority should deem Contractor or Contractor employees an employee of the City, or should
otherwise claim the City is liable for the payment of taxes that are Contractor's responsibility
under this Agreement, then Contractor will indemnify the City for any tax liability, interest, and
penalties imposed upon the City.
b.
The City is exempt from paying certain federal excise taxes and will furnish an exemption
certificate upon request. The City is not exempt from state and local sales/use taxes.
11
AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations,
whether or not related to the Agreement, due to the City during the performance of services under
the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or
fees and charges owed to the City.
12.
PUBLIC RECORDS. Contractor acknowledges that the City is a public body, subject to Arizona's
public records laws (A.R.S. § 39-121 et seq.) and any documents related to this Agreement may
be subject to disclosure pursuant to state law in response to a public records request or to
subpoena or other judicial process.
a.
If Contractor believes documents related to the Agreement contain trade secrets or other
proprietary data, Contractor must have notified the City pursuant to Mesa Procurement Rules
Section 2.1 or notified the City with a notification statement specifically identifying the trade
secrets or other proprietary data that Contractor believes should remain confidential.
b.
In the event the City determines it is legally required to disclose pursuant to law any documents
or information Contractor deems confidential trade secrets or proprietary data, the City, to the
extent possible, will provide Contractor with prompt written notice by certified mail, fax, email
or other method that tracks delivery status of the requirement to disclose the information so
Contractor may seek a protective order from a court having jurisdiction over the matter or obtain
other appropriate remedies. The notice will include a time period for Contractor to seek court
ordered protection or other legal remedies as deemed appropriate by Contractor. If Contractor
does not obtain such court ordered protection by the expiration of said time period, the City
may release the information without further notice to Contractor.
13.
AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for six
(6) years after completion of the Agreement. The City or its authorized agent reserves the right to
inspect any records related to the performance of work specified herein. In addition, the City may
inspect all payroll, billing or other relevant records kept by Contractor in relation to the Agreement.
Contractor will permit such inspections and audits during normal business hours and upon
reasonable notice by the City. The audit of records may occur at Contractor's place of business or
at City offices, as determined by the City.
14.
BACKGROUND CHECK. In accordance with the City's current background check policies, the
City may conduct criminal, driver history, and all other requested background checks of Contractor
personnel who would perform services under the Agreement who will have access to the City's
information, data, or facilities. Any officer, employee, or agent that fails the background check must
be replaced immediately for any reasonable cause not prohibited by law.
15.
SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL.
The City will
have final authority, based on security reasons: (i) to determine when security clearance of
Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and
including fingerprinting Contractor personnel; and (iii) to determine whether any individual or entity
may provide services under this Agreement. If the City objects to any Contractor personnel for any
reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove
any such individual from performance of services under this Agreement.
2021181
Page 46 of 52
EXHIBITC
MESA ST ANDA RD TERMS AND CONDITIONS
16.
DEFAULT.
a.
A party will be in default of the Agreement if that party:
i.
Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership
proceeding, makes an assignment for a creditor, or there is any similar action that affects
Contractor's capability to perform under the Agreement;
ii.
Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar
days;
iii.
Conducts business in an unethical manner as set forth in the City Procurement Rules
Article 7 or in an illegal manner; or
iv.
Fails to carry out any term, promise, or condition of the Agreement.
b.
Contractor will be in default of this Agreement if Contractor is debarred from participating in
City procurements and Solicitations in accordance with Article 6 of the City's Procurement
Rules.
c.
Notice and Opportunity to Cure. In the event a party is in default then the other party will
provide written notice to the defaulting party of the default. The defaulting party will have thirty
(30) days from receipt of the notice to cure the default, unless the default is of a nature that it
is reasonably anticipated to affect the health, safety or welfare of the public and, in such an
event, the non-defaulting party may require a minimum seven (7) days to cure the default from
the date of receipt of the notice; the cure period may be extended by mutual agreement of the
parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be
sufficient if it is reasonably calculated to provide notice of the nature and extent of such default.
Failure of the non-defaulting party to provide notice of the default does not waive any rights
under the Agreement. Failure of the defaulting party to cure the default will entitle the non
defaulting party to the election of remedies specific to the party as set forth in section 17 below.
d.
Anticipatory Repudiation.
Whenever the City in good faith has reason to question
Contractor's intent or ability to perform, the City may demand that Contractor give a written
assurance of its intent and ability to perform. In the event demand is made and no written
assurance is given within ten (10) calendar days, the City may treat this failure as an
anticipatory repudiation of the Agreement entitling the City to terminate the Agreement in
accordance with section 17(a) below.
17.
REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy
will not preclude the use of other remedies. In the event of default:
a.
The non-defaulting party may terminate the Agreement, and the termination will be effective
immediately or at such other date as specified by the terminating party.
b.
The City may purchase the services or materials required under the Agreement from the open
market, complete required work itself, or have it completed at the expense of Contractor. If the
cost of obtaining substitute services exceeds the contract price in the Agreement, the City may
recover the excess cost by: (i) requiring immediate reimbursement by the Contractor to the
City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal
and performance security, if any; (iv) collection against liquidated damages (if applicable); or
(v) a combination of the aforementioned remedies or other remedies as permitted by law.
Costs in this Subsection (b) include any and all, fees, and expenses incurred in obtaining
substitute services and expended in obtaining reimbursement including, but not limited to,
administrative expenses, attorneys' fees, and costs.
c.
The non-defaulting party will have all other rights granted under this Agreement and all rights
at law or in equity that may be available to it.
d.
Neither party will be liable for incidental, special, or consequential damages.
2021181
Page 47 of 52
EXHIBIT C
MESA STANDARD TERMS AND CONDITIONS
18.
CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the
parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to
cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or
obligated to cease performance by other provisions in this Agreement.
19.
TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement, in
part or in whole, for its sole convenience upon thirty (30) calendar days' written notice. Contractor
acknowledges that, as with any termination permitted under this Agreement, in the event of a
termination for convenience, Contractor is only entitled to payment in accordance with section 22
(Payment to Contractor Upon Termination); Contractor will not be entitled to any anticipated lost
profits had the Agreement been performed to completion.
20.
TERMINATION FOR CONFLICT OF INTEREST (A.R.S. § 38-511). Pursuant to A.RS.§ 38-511,
the City may cancel this Agreement within three (3) years after its execution, without penalty or
further obligation, if any person significantly involved in initiating, securing, drafting, or creating the
Agreement for the City becomes an employee or agent of Contractor.
21.
TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY
CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds
by its governing body to satisfy its obligations. If the City reasonably determines it does not have
funds to meet its obligations under this Agreement, the City will have the right to terminate the
Agreement without penalty on the last day of the fiscal period for which funds were legally available.
In the event of such termination, the City agrees to provide written notice of its intent to terminate
thirty (30) calendar days prior to the stated termination date.
22.
PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement for
any reason, Contractor will be entitled only to payments authorized under the Agreement for those
services performed or materials provided in accordance with the Agreement up to the date of
termination, and any authorized expenses already incurred up to such date of termination. The
City will make final payment within thirty (30) calendar days after the City has both completed its
appraisal of the materials and services provided and received Contractor's properly prepared final
invoice.
23.
NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this Agreement unless
approved in writing and signed by the waiving party. Failure or delay to exercise any rights or
remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services
hereunder, will not release the other party of any of the warranties or other obligations of the
Agreement and will not be deemed a waiver of any such rights or remedies.
24.
INDEMNIFICATION; LIABILITY.
a.
To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold
harmless the City, its elected officials, agents, representatives and employees (collectively,
including the City, "City Personnel") from and against any and all liabilities, demands, claims,
suits, penalties, obligations, losses, damages, causes of action, fines or judgments of any kind,
including costs, attorneys', witnesses' and expert witnesses' fees, and expenses incident
thereto (all of the foregoing, collectively "Claims") imposed upon or asserted against City
Personnel by a third party relating to, arising out of or resulting from, in whole or in part: (i)
services or materials provided under this Agreement by Contractor or its officers', agents', or
employees' (collectively, including Contractor, "Contractor Personnel"): (ii) negligent acts,
errors, mistakes or omissions of Contractor Personnel; or (iii) failure of Contractor Personnel
to comply with or fulfill the obligations established by this Agreement.
Contractor's
indemnification, duty to defend and hold harmless City Personnel in this Subsection (a) will
apply to all Claims against City Personnel except Claims arising solely from the negligence or
intentional acts of City Personnel.
b.
The City assumes no liability for the actions of Contractor Personnel and will not indemnify or
hold Contractor Personnel or any third party harmless for Claims relating to, arising out of or
resulting from, in whole or in part, this Agreement or use of Contractor Personnel-provided
services or materials.
2021181
Page 48 of 52
EXHIBIT C
MESA STANDARD TERMS AND CONDITIONS
25.
WARRANTY. Contractor warrants that the services and materials will conform to the requirements
of the Agreement. Additionally, Contractor warrants that all services will be performed in a good,
workman-like and professional manner. The City's acceptance of services or materials provided
by Contractor will not relieve Contractor from its obligations under this warranty. If the City
reasonably determines any materials or services are of a substandard or unsatisfactory manner,
Contractor, at no additional charge to the City, will provide materials or redo such services until in
accordance with this Agreement and to the City's reasonable satisfaction.
Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current
manufacture and not discontinued, will be free of defects in materials and workmanship, will be
provided in accordance with manufacturer's standard warranty for at least one (1) year unless
otherwise specified, and will perform in accordance with manufacturer's published specifications.
26.
THE CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to
prejudice the City's right to recover against third parties for any loss, destruction, or damage to City
property and will, at the City's request and expense, furnish to the City reasonable assistance and
cooperation in obtaining recovery, including assistance in the prosecution or defense of suit and
the execution of instruments of assignment in favor of the City.
27
NO GUARANTEE OF WORK. Contractor acknowledges and agrees: (i) it is not entitled to deliver
any specific amount of materials or services, or any materials or services at all, under this
Agreement; and (ii) the materials or services will be requested by the City on an as needed basis,
at the sole discretion of the City. Any document referencing quantities or performance frequencies
represent the City's best estimate of current requirements, but will not bind the City to purchase,
accept, or pay for materials or services which exceed its actual needs.
28.
OWNERSHIP. All deliverables, services, and information provided by Contractor or the City
pursuant to this Agreement (whether electronically or manually generated) including without
limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared
in the performance of this Agreement, are the property of the City and will not be used or released
by Contractor or any other person except with prior written permission by the City.
29.
USE OF NAME. Contractor will not use the name of the City of Mesa in any advertising or publicity
without obtaining the prior written consent of the City.
30.
PROHIBITED ACTS. Contractor acknowledges the applicability of A.R.S. § 38-504 which prohibits
a person who, within the preceding twelve (12) months, is or was a public officer or employee of
the City from representing another person (including Contractor) before the City on any matter for
which the officer or employee was directly concerned and personally participated in during their
service or employment by a substantial and material exercise of administrative discretion. Further,
while employed by the City and for two (2) years thereafter, public officers or employees are
prohibited from disclosing or using, without appropriate authorization, any confidential information
acquired by such person in the course of his or her official duties at the City.
31.
FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination
freight prepaid and allowed unless otherwise agreed.
32.
RISK OF LOSS. Contractor agrees to eear all risk of loss, inj1:Jry, or destrnction of Contractor's
goods or eq1:Jipment incidental to Contractor providing the services and materials 1:Jnder this
Agreement and s1:Jch loss, iA:i1:Jry, or destrnction 1.vill not release Contractor from any oeligation
here1:Jnder. Prior to accepting the sample delivery, the entire nsk of loss or damage 10 samples
emairis with City except where Contractor provides courier services. In no event will Contractor
· ave any responsibility or liability for the action or inaction of any carrier shippmg or delivering
ny sample to or from Contractor's premises. City is responsible to assure that any sample
containing any hazardous substance which is to be delivered to Contractor's premises will be
.P.ackaged, labeled. transported and deliv red proper!ø n in accordance with BP- licab_..eïc......
2021181
Page 49 of 52
EXHIBIT C
MESA STANDARD TERMS AND CONDITIONS
33.
SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage or loss to
City real or personal property when such property is the responsibility of or in the custody of
Contractor or its personnel.
34.
WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use,
the materials and services being provided and that the City may use same without suit, trouble or
hindrance from Contractor or third parties.
35.
PROPRIETARY RIGHTS INDEMNIFICATION.
Without limiting the warranty in section 34,
Contractor will without limitation and at its expense defend the City against all claims asserted by
any person that anything provided by Contractor infringes a patent, copyright, trade secret or other
intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees
awarded against the City in any such action, or pay any settlement of such action or claim. Each
party agrees to notify the other promptly of any matters to which this provision may apply and to
cooperate with each other in connection with such defense or settlement. If a preliminary or final
judgment is obtained against the City's use or operation of the items provided by Contractor
hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense
and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for
the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having
at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less
reasonable usage, from the time of installation acceptance through cessation of use, which amount
will be calculated on a useful life not less than five (5) years, plus any additional costs the City may
incur to acquire substitute supplies or services.
36.
CONTRACT ADMINISTRATION. The contract will be administered by the applicable Purchasing
Officer and/or an authorized representative from the using department (collectively "Contractor
Administrators"); all questions regarding the Agreement will be referred to the Contract
Administrators. If authorized by the Contract Administrators, supplements or amendments may be
written to the Agreement for the addition or deletion of services. Payment will be negotiated and
determined by the Contract Administrators.
37.
FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by
unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the
public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose
performance is so affected will, within five (5) calendar days of the unforeseeable circumstance,
notify the other party of all pertinent facts and identify the force majeure event. The party whose
performance is so affected must also take all reasonable steps, promptly and diligently, to prevent
such causes if it is feasible to do so or to minimize or eliminate the effect thereof. The delivery or
performance date will be extended for a period equal to the time lost by reason of delay, plus such
additional time as may be reasonably necessary to overcome the effect of the delay, provided
however, under no circumstances will delays caused by a force majeure extend beyond one
hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task
unless agreed upon by the parties.
38.
COOPERATIVE USE OF CONTRACT'. The City has entered into various cooperative purchasing
agreements with other Arizona government agencies, including the Strategic Alliance for Volume
Expenditures (SAVE) cooperative. Under the SAVE Cooperative Purchasing Agreement, any
contract may be extended for use by other municipalities, school districts and government agencies
in the State of Arizona with the approval of Contractor. Any such usage by other entities must be
in accordance with the statutes, codes, ordinances, charter and/or procurement rules and
regulations of the respective government agency.
The City currently holds or may enter into Intergovernmental Governmental Agreements (IGA) with
numerous governmental entities. These agreements allow the entities, with the approval of
Contractor, to purchase their requirements under the terms and conditions of this Agreement.
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MESA STANDARD TERMS AND CONDITIONS
A contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor
who is contracted to provide services on a regular basis at an individual school shall obtain a valid
fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. A school district governing
board shall adopt policies to exempt a person from the requirements of this subsection if the
person's normal job duties are not likely to result in independent access to or unsupervised contact
with pupils. A school district, its governing board members, its school council members and its
employees are exempt from civil liability for the consequences of adoption and implementation of
policies and procedures pursuant to this subsection unless the school district, its governing board
members, its school council members or its employees are guilty of gross negligence or intentional
misconduct.
Additionally, Contractor will comply with the governing body's fingerprinting policy of each individual
school district and public entity. Contractor, subcontractors, vendors and their employees will not
provide services on school district properties until authorized by the school district.
Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.
The City is not responsible for any disputes arising out of transactions made by others.
39.
FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price
increases will be accepted without proper request by Contractor and response by the City's
Purchasing Division.
40.
NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at
their respective addresses. Notices may be sent via personally delivery, certified or registered mail
with postage prepaid, overnight courier, or facsimile. If provided by personal delivery, receipt will
be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed
effective three (3) calendar days after being deposited in the United States mail. If sent via
overnight courier, or facsimile, receipt will be deemed effective two (2) calendar days after the
sending thereof.
41.
GOVERNING LAW, FORUM. This Agreement is governed by the laws of the State of Arizona.
The exclusive forum selected for any proceeding or suit, in law or equity, arising from or incident to
this Agreement will be Maricopa County, Arizona.
42.
INTEGRATION CLAUSE.
This Agreement, including all attachments and exhibits hereto,
supersede all prior oral or written agreements, if any, between the parties and constitutes the entire
agreement between the parties with respect to the work to be performed.
43.
PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a
part of this Agreement as if fully stated herein.
44.
SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such
provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may
be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or
unenforceability.
45.
SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of
this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth
rights and obligations that extend beyond completion, termination, or other expiration of this
Agreement, will survive and remain in full force and effect. Except as specifically provided in this
Agreement, completion, termination, or other expiration of this Agreement will not release any party
from any liability or obligation arising prior to the date of termination.
46.
A.R.S. SECTIONS 1-501 and 1-502. Pursuant to A.RS §§ 1-501 and 1-502, any person who
applies to the City for a local public benefit (the definition of which includes a grant, contract or
loan) must demonstrate his or her lawful presence in the United States. As this Agreement is
deemed a local public benefit, if Contractor is an individual (natural) person or sole proprietorship,
Contractor agrees to sign and submit the necessary documentation to prove compliance with the
statutes if applicable.
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EXHIBIT C
MESA STANDARD TERMS AND CONDITIONS
47.
AUTHORITY. Each party hereby warrants and represents that it has full power and authority to
enter into and perform this Agreement, and that the person signing on behalf of each is properly
authorized and empowered to enter into the Agreement. Each party further acknowledges that it
has read this Agreement, understands it, and agrees to be bound by it.
48.
UNIFORM ADMINISTRATIVE REQUIREMENTS. By entering into this Agreement, the Contractor
agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200-
UNIFORM
ADMINISTRATIVE
REQUIREMENTS,
COST
PRINCIPLES,
AND
AUDIT
REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq.
49.
PCI DSS COMPLIANCE.
In the event any Contractor engages in payment card transactions as
a part of the services provided to the City, Contractor shall comply with the Payment Card Industry
Data Security Standards ("PCI DSS") and any amendments or restatements of the PCI DSS during
the Term of this Agreement. Contractor accepts responsibility for the security of the City's and/or
any customer's credit card data in its possession, even if all or a portion of the services to City are
subcontracted to third parties.
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