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LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND BEL-AIRE MECHANICAL, LLC THIS LINKING AGREEMENT (this “Agreement”) is entered into as of this day of , 20 , between the City of Glendale, an Arizona municipal corporation (the “City”), and Bel-Aire Mechanical, LLC., , a(n) Arizona limited liability authorized to do business in Arizona (“Contractor”), collectively, the “Parties.” RECITALS On December 8, 2021 under S.A.V.E Cooperative Purchasing Agreement, the Maricopa County of Procurement Services entered into a contract with Contractor to purchase the goods and services described in the HVAC Service and Repair, Contract No. 220125-S (“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. Section 2-149 of the City’s Procurement Code permits the Materials Manager to procute goods and services by participating with other governmental units in cooperative purchasing agreements when the best interests of the City would be served. 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. The City desires to contract with Contractor for supplies or services identical, ot nearly identical, to the supplies or services Contractor is providing other units of government undet 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 incorpotated 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 December 8, 2021, until the date the contract expires on November 30, 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 30, 2027. ‘The initial term of this Agreement, therefore, is the period from the Effective Date of this Agreement until 1/2/2020 November 30, 2024. The City may renew the term of this Agreement for three one-year renewal terms until the Cooperative Purchasing Agreement expires on November 30, 2027. 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 ate 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 ptovided 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 eighty-three thousand three hundred thirty- three dollars ($383,333) annually or two million three hundred thousand dollars ($2,300,000) for the entire term of the Agreement (initial term plus any renewals). Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511. 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. Insurance Certificate. A certificate of insurance applying to this Agreement must be ptovided to the City prior to the Effective Date. E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the requitements of A.RS. § 41-4401. No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the patties 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. 4/29/2021 2. Attestation of PCI Compliance. When applicable, the Contractor will provide the City innually with a Payment Card Industry Data Security Standatd (PCI DSS) attestation of rompiiance 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’ lespective authorized representatives at the address listed below: City of Glendale c/o Todd Blair 6210 W. Myrtle Avenue, Suite 111 Glendale, Arizona 85301 623-930-2647 And Bel-Aire Mechanical. LLC. 4201 N 47° Avenue Phoenix, AZ, 85031 bsoniu(@belairemechanical.com IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year set forth above. “City” “Contractor” City of Glendale. an Arizona Bel-Aire Mechanical, LLC., municipal corporation an Arizona limited lability iN By: By: Nek Alara — Kevin R. Phelps Name: Nick Ganem itv Manager Title: Vice President ATTECE. Julie K. Bower (SEAL) City Cletk APPROWED 4¢ TO Bapas. Michael |D. Bailey City Attorney 4/90/9021 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND BEL-AIRE MECHANICAL, LLC EXHIBIT A (MARICOPA COUNTY CONTRACT NO. 220125-S HVAC SERVICE AND REPAIR) 4/29/2021 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND BEL-AIRE MECHANICAL, LLC EXHIBIT B Scope of Work PROJECT The contractor will provide HVAC services to include repair, maintenance, installation, and retrofit for heating, ventilation, air conditioning, and evaporative cooling equipment at City of Glendale facilities on an as-needed basis. 4/29/2021 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND BEL-AIRE MECHANICAL, LLC EXHIBIT C METHOD AND AMOUNT OF COMPENSATION The method and amount of compensation are in accordance with Section 3 of this Agreement. 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 $383,333 annually or $2,300,000 for the entire term of the Agreement. DETAILED PROJECT COMPENSATION City shall pay contractor compensation in accordance with the rates as set forth in the Maricopa County Contract No. 220125-S for HVAC Service and Repaits. 4/29/2021 SERIAL 220125-S HVAC SERVICE AND REPAIR DATE OF LAST REVISION: December 08, 2021 CONTRACT END DATE: November 30, 2024 “ CONTRACT PERIOD THROUGH NOVEMBER 30, 2024 4 TO: All Departments FROM: Office of Procurement Services SUBJECT: Contract for HVAC SERVICE AND REPAIR Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to Maricopa County activities as awarded by Maricopa County on December 08, 2021 All purchases of products and/or services listed on the attached pages of this letter are to be obtained from the vendor holding the contract. individuals are responsible to the vendor for purchases made outside of contracts. The contract period is indicated above. Kevin Tyne, Chiof Procurement Officer Office of Procurement Services EK/mm Attach Copy to: Office of Procurement Services Sammi Birchard, FMD Brad Koos, FMD Ken Burt, FMD (Please remove Serial 15049-S from your contract notebooks) SERIAL 220125-S BEL-AIRE MECHANICAL, INC., 4201 N 47TH AVE, PHOENIX, AZ 85031 | COMPANY NAME: Bel-Aire Mechanical, Inc ! DOING BUSINESS AS (dba): MAILING ADDRESS: 4201 N 47th Ave, Phoenix, AZ 85031 REMIT TO ADDRESS: 4201 N 47th Ave, Phoenix, AZ 85031 TELEPHONE NUMBER: 623-846-8600 FAX NUMBER: 623-846-8700 WWW ADDRESS: www.belairemechanical.com REPRESENTATIVE NAME: Brandon Sonju | REPRESENTATIVE TELEPHONE NUMBER: 623-846-8600 | REPRESENTATIVE EMAIL ADDRESS bsonju@belairemechanical.com YES | NO | REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE VV r FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: iva rc w NET 30 DAYS 1.0 LABOR RATES: COMMERCIAL/INDUSTRIAL Item Qty Unit of Measure Price 24 Call Regular Business Hours 1 hour $95.00 After Business Hours 1 hour $133.00 Weekends 4 hour $150.00 Holidays 4 hour $150.00 2.0 LABOR RATES: RESIDENTIAL Item Qty _| Unit of Measure Price 2nd Call Regular Business Hours 1 hour $90.00 After Business Hours 1 hour $125.00 Weekends 4 hour $150.00 Holidays 1 hour $150.00 3.0 ADDITIONAL PRICING | Item Qty | Unit of Measure Price Parts Materials and Components - Cost Minus Discount 1 percent 19 Parts Materials and Components - Cost Plus Percentage 1 percent 19% Any Services Outside the Scope of Work 1 hour $65.00 Training 4 hour $65.00 BEL-AIRE MECHANICAL, INC. SERIAL 220125-S 4.0 SPECIAL TOOLS AND EQUIPMENT Machinery/equipment may be rented as additional cost and used indirectly to the HVAC industry for the performance of normal services. Include pricing only for the use and operation of owned or rented special tools and equipment that may be necessary, above and beyond the tools of the trade necessary for the performance of this contract. Additional items may be added to this list at time of bid. Pricing shall include rental/lease/use charge plus an administrative mark-up cost not to exceed five percent (5%) and shall also include any operating fees. Item Price mene Or Notes Backhoe $ per hr. All needed Equipment will be rented at current Jackhammer $ per hr. market rates with a 5% mark-up added Concrete cutter $ per hr. Excavator $ per hr. Chain Hoist per hr. Crane $ per hr. PRICING SHEET: NIGP CODE 94155 Terms; NET 30 Vendor Number: VvC0000007600 Certificates of Insurance Required Contract Period: To cover the period ending November 30, 2024. SERIAL 220125-S HVAC SERVICE AND REPAIR 1.0 2.0 INTENT 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 The intent of this solicitation is to provide a source for repair, maintenance, installation, and retrofit for heating, ventilation, and air conditioning (HVAC) and evaporative cooling equipment throughout Maricopa County (County) for the Facilities Management Department (FMD). Major retrofits and projects will be requested through the use of quotes from all contractors awarded to this contract, at the time of the project. Contract may be used by the County for residential and commercial/industrial services. Each bidder shall be ranked, i.e. First Call, Second Call, and Third Call, etc. The contractor of record having the lowest labor rate bid for time and materials service work for normal business hours shall be called first by the requesting department. If the contractor is unable to respond in the requested time parameters, the requesting agency shall proceed to the next lowest bidder. County's existing contract, Serial #15049-S will be terminated for convenience upon award of this contract. Respondents to this solicitation shall identify a firm, fixed cost rate for preventive maintenance and fully burdened hourly rates for work within the scope of this contract. Respondents will also respond with an hourly rate for work outside the scope of this contract. Contractor's primary point of contact for work performed will be the FMD. Other County departments may use this contract, however FMD is not responsible for payments for work performed under the direction of other County departments. Other governmental entities under agreement with County may have access to services provided hereunder (see also Sections 3.18 and 3.19 below). The County reserves the right to add additional contractors, at the County's sole discretion, in cases where the currently listed contractors are of an insufficient number or skill-set to Satisfy the County's needs or to ensure adequate competition on any project or task order work. County reserves the right to award this contract to multiple vendors. The County reserves the right to award in whole or in part, by item or group of items, by section or geographic area, or make multiple awards, where such action serves the County's best interest. SCOPE OF SERVICES 2.1 2.2 The scope of services of this solicitation includes, but is not limited to repair, maintenance, installation, and retrofit for HVAC and evaporative cooling equipment throughout County for the FMD. Locations of buildings managed by FMD can be found by visiting https :/Avww.maricopa.gov/2127/Facilities-Management, “Facilities We Manage”. Contractor shall be responsible for the supply of all labor, supervision, materials, tools, equipment, and all effort necessary for the repairs, maintenance, retrofitting (replacement of like-for-like with the exception of technology or inadequate performance of the unit) for the following residential and commercial/industrial HVAC groups and services, including, but not limited to: 2.2.1 Group 1: Residential, 1.5 ton through 20 ton units: 2.2.1.1 Package air conditioning units 2.2.1.2 Air conditioning compressors SERIAL 220125-S 2.2.1.2.1_ Hermetic 2.2.1.2.2 | Semi-hermetic 2.2.1.2.3. Open drive reciprocating 2.2.1.3 HVAC/split systems/remote condensing units 2.2.1.4 Evaporative coolers 2.2.2 Group 2: Commercial/Industrial, 1.5 ton through 250 ton 2.2.2.1 Package air conditioning units 2.2.2.2 Air washers 2.2.2.3 Fancoils & air handlers 22.2.4 Gas fired heating systems 2.2.2.5 Chilled water systems 2.2.3. Condenser/chilled water pumps 2.2.3.1 Centrifugal 2.2.3.2 Submersible 2.2.3.3 Vertical 2.2.3.4 Turbine 2.2.4 Cooling towers 2.2.4.1 Drift eliminators 2.2.4.2 Spray nozzles 2.2.4.3. Float mechanisms 2.2.4.4 Drive motors, shafts, and bearings 2.2.45 Fan and fan assemblies 2.2.5 Variable Air Volume (VAV) units 2.2.6 Associated support components: 2.2.6.1 _ Distribution piping/plumbing including component parts 2.2.7 Electrical components and devices 2.2.7.1 Contactors 2.2.7.2 Standalone thermostats 2.2.7.3 Magnetic starters 2.2.7.4 Transmitters 2.3 2.4 2.5 2.2.8 2.2.9 2.2.10 2.2.11 Duct 2.2.8.1 2.2.8.2 2.2.8.3 Fabrication, design, and installation Repair Distribution diffusers Pneumatic controls 2.2.9.1 2.2.9.2 Repair, replace, calibrations Repairs to the pneumatic system Air/dirt separator units Solar thermal systems 2.2.11.1 2.2.11.2 2.2.11.3 2.2.11.4 2.2.11.5 2.2.11.6 Solar panel array Pumps Piping/plumbing including component parts Valves and Valve assemblies Glycol makeup Sensors and relays SERIAL 220125-S It is the contractor’s responsibility to inform FMD (or other using agency) of any updates to electrical panels; therefore, the contractor shall label and identify all electrical components and shall put the newly updated panel schedule(s) inside the modified electrical panel. The new schedule will be dated (MM/DD/YYYY) and the existing schedule shall remain in the panel behind the new schedule. DETENTION FACILITIES SERVICES REQUIREMENTS 2.4.1 Contractors may be required to provide services to detention facilities. Contractors should be aware to use caution when servicing a detention facility: 2.4.1.1 2.4.1.2 2.4.1.3 Contractor's service vehicle shall be secured and locked whenever a technician is not in a vehicle or accessing materials, tools, and or equipment from a vehicle. Contractor’s technicians must, at all times, monitor and account for any and all tools taken into a detention facility. Contractor may be required to provide services in detention facilities in stages rather than in whole due to the nature of the facility. Contractor shall take this into consideration when preparing a quote for detention facility services. WORK OUTSIDE THE SCOPE Work outside the scope includes any work not normally performed in the scope of this solicitation and that can be performed by the prime contractor. If a subcontractor is used, apply mark-up as indicated in Section 2.14 - Allowable Pass-through Costs With Mark-Up Under Time And Materials Work. Work outside the scope includes, but is not limited to, 2.6 2.7 2.8 SERIAL 220125-S concrete cutting, underground detection, asbestos removal, or concrete removal and reinstallation. PERFORMANCE REQUIREMENTS 2.6.1 2.6.2 2.6.3 2.6.4 2.6.5 26.6 Contractor must meet all Federal Environmental Protection Agency (EPA) and Occupational Safety and Health Administration (OSHA) guidelines in the proper handling and disposal of refrigerant. Contractors failing to properly handle and dispose of refrigerant may be subject to contract termination. All service work performed by contractor shall be to a professional standard, meeting all required city building codes, and susceptible to Facilities Management staff inspection. Documentation, through an audit and feedback system of contract administration shall be used in this contract, by the FMD. Unless pre-approved by FMD, all work shall be performed by one service technician. If needed, contractor may dispatch a helper (laborer) to aid the technician. Any additional technicians or helpers needed for a specific job must be pre-approved by the County. The invoice shall be notated with County personnel pre-approval, for example, “extra technician pre-approved by ‘person’s name’.” Contractor shall not make any changes to the equipment specifications, method of fabrication, or other requirements without the express prior written consent of the County. Any proposed changes shall be presented to the assigned County contact prior to the change taking effect (contact information will be provided on purchase orders). Contractor shall utilize only original equipment manufacturer (OEM) parts, as recommended by the equipment manufacturer, for replacement or repair, and use only those materials obtained from and/or recommended by the equipment manufacturer(s) unless pre-approved in writing by the County. Contractor shall coordinate all work schedules with the County before beginning any work which requires a utility outage or outage of equipment. Outages shall be arranged with the County in advance, if possible, and such work shall only be performed during County-approved times. The County must be notified immediately if any equipment is mistakenly taken out of service. REPLACEMENT OR OVERHAUL OF EQUIPMENT 2.7.1 2.7.2 Equipment that has reached obsolescence or that is in need of replacement or overhaul shall be evaluated by the contractor and a written price estimate shall be presented to the County. The County may or may not approve the work, dependent on budgets and priorities, or may request competitive bids. If approved, existing equipment shall be replaced with new equipment, or, with County approval, shall be overhauled. The County reserves the right to utilize its own sources for the purchase of new equipment or individual components. If the County exercises this right, the contractor may be given the opportunity to install these items. CONTRACTOR QUALIFICATIONS 2.8.1 Contractor shall have all required licensing necessary to perform the scope of services specified herein, including, but not limited to, those required by the State of Arizona Registrar of Contractors. Proof of such shall be provided at time of bid and shall be maintained throughout the term of this contract. 2.9 2.8.2 2.8.3 2.8.4 SERIAL 220125-S Contractor should be factory authorized or able to perform full maintenance, repairs, installations for all materials and equipment utilized in the performance of this contract for repair, maintenance, installation, and retrofit for HVAC and evaporative cooling equipment. Contractor must meet all Federal EPA and OSHA guidelines (if any) in the proper handling and disposal of special waste or contaminated materials generated by services rendered. Required Experience 2.8.4.1 Contractor shall have a minimum of five years of experience performing the work listed in the Scope of Services. Proof of such must accompany the bid packet. 2.8.4.2 Contractor's firm must be in business HVAC service a minimum five years, and completely familiar with the specified requirements and methods needed for proper performance of this contract. Proof of such must accompany the bid packet and will be inspected prior to award. 2.8.4.3 Contractor shall employ a minimum of five technicians qualified to perform all work and to adequately service County facilities. Contractor's technical staff shall have the following qualifications, and proof of such shall accompany the bid packet: 2.8.4.3.1_ Have chlorofluorocarbon (CFC) certification 2.8.4.3.2 Be thoroughly trained, with a minimum of five years’ experience in the field of air conditioning and heating, including Factory Certified Training CONTRACTOR REQUIREMENTS 2.9.1 2.9.2 2.9.3 Contractor must maintain a minimum of five adequately stocked service vehicles. Contractor's service truck fleet and/or warehouse shall carry sufficient supply of repair parts and equipment to perform services per the scope of services presented, including those needed for routine HVAC service and repairs, and hot water boiler service and repair. Proof of such must accompany the bid packet and truck fleet may be inspected prior to award. Contractor shall have a local shop and/or warehouse that stocks parts to keep their trucks supplied daily. As part of the County’s due diligence, these requirements may be verified by FMD via a formal inspection after bid submittals and prior to bid award. Contractor shall submit evidence of ability to provide and maintain, during the entire period of this contract, all labor, supervision, materials, tools, and equipment sufficient in number, condition, and capacity to efficiently perform the work and render the services required by this contract. 2.9.3.1 Contractor shall provide evidence of appropriate labor and supervision by listing personnel and their qualifications in Attachment E — Personnel Qualifications. Attachment E shall accompany the bid packet and shall be maintained throughout the contract. 2.9.3.2 Contractor shall provide evidence of their ability to furnish equipment and personnel by providing, with their bid packet, a listing of major tools, vehicles, equipment using Attachment F- Vehicle and Equipment SERIAL 220125-S Listing. Attachment F shall accompany the bid packet and shall be maintained throughout the contract. 2.9.4 Contractor shall provide pricing for owned or rented special tools and equipment that may be necessary, above and beyond the tools of the trade necessary for the performance of this contract, on Attachment D — Pricing Sheet. 2.9.5 2.9.4.1 2.9.4.2 “Tools of the trade” are generally considered to be vehicles, tools, and equipment (e.g., hand tools, power tools, pickup trucks, vans, ladders, scaffolding, etc.) that are normally used in the course and scope of the contractor’s business and that should be a part of a qualified contractor's inventory. Costs related to the acquisition, use, or maintenance of tools of the trade should be included as a part of the contractor's fully- burdened hourly labor rates and are not, under any circumstances, to be separately or directly billed to County under this contract. “Special tools and equipment’ are considered to be tools and equipment (e.g., cranes, towed air compressors, dumpsters with associated tipping fees, etc.) that are not typically maintained in a contractor's inventory, but that are leased/rented to be used when needed for a specific project/job. Contractor shall be responsible for obtaining and transporting equipment to and from the job site. In this regard, the contractor shall: 2.9.5.1 2.9.5.2 2.9.5.3 Ensure that its employees that are assigned to perform the work carry their own tools of the trade or are provided with tools normally carried by the trade on the job site. Arrange for lease or rental of any special tools and equipment needed to perform the work. 2.9.5.2.1 Charges for lease or rental of special tools and equipment with associated mark-up may be directly billed to County provided that the contractor clearly identifies these items in advance, on Attachment D — Pricing Sheet, as a part of their proposal to perform the work. 2.9.5.2.2 Charges for lease or rental of special tools and equipment with associated mark-up that have not been identified in advance as a part the contractor's bid on Attachment D — Pricing Sheet may not, under any circumstances, be separately or directly billed to County under this contract, unless prior approval, in writing, has been provided by the County. Ensure that all vehicles, tools, and equipment used in performing the scope of services herein are appropriately licensed, as applicable, are in good operating condition, capable of rendering efficient, economical, and continuous service, and are equipped with necessary and required safety devices in accordance with State and Federal laws. While the County reserves the right to inspect any equipment for compliance with these requirements regarding condition, this does not relieve the contractor of the obligation to furnish conforming equipment. If any equipment is found to be deficient or non-conforming, the County shall notify the contractor who shall immediately take action to place the equipment in good operating condition at his own expense. If the contractor does not take corrective action within a reasonable time, the 2.9.6 2.9.7 2.9.8 2.9.9 2.9.10 2.9.11 2.9.12 2.9.13 SERIAL 220125-S County may require the immediate removal and replacement of the deficient equipment at the contractor's expense. Contractor shall perform the work in such a way as to minimize disruption to the normal operation of the County site and building occupants. Upon completion of work, the contractor shall clean and remove from the job site all disturbances (e.g., loose dirt, dislocated gravel, removed vegetation, footprints, old asphalt/concrete, etc.), debris, materials, and equipment associated with the work performed. County property shall be restored to the same condition as prior to start of the job. 2.9.7.1 If, upon County inspection, it is found that the contractor failed to adequately clean up the site (meaning to the County's satisfaction) after work has been performed, the County will notify the contractor and the contractor will have 24 hours to clean. Should the contractor fail to clean a site to the County's satisfaction, the County reserves the right to make other arrangements to have the area cleaned, and the cost of such work shall be offset from any monies due the contractor. Costs of such work that exceed the amount of monies due the contractor shall be the responsibility of the contractor and shall billed to the contractor. Contractor shall perform all services in such a manner that County property is not damaged. 2.9.8.1 In the event damage occurs to County property or any adjacent property due to any services performed under this contract, the contractor shall immediately notify the County representative about the damages and shall replace or repair the same at no cost to the County within 48 hours of notifying the County, or by a deadline approved by the County. 2.9.8.2 If damage caused by the contractor has to be repaired or replaced by the County, the cost of such work shall be deducted from the monies due the contractor. Costs of such work that exceed the amount of monies due the contractor shall be the responsibility of the contractor and shall billed to the contractor. The contractor shall utilize only experienced, responsible, and capable people in the performance of the work. The County may require that the contractor remove from the job covered by this contract, any employee who endangers persons or property or whose continued employment under this contract is inconsistent with the interest of the County. In the event the work performance of the contractor is unsatisfactory, the contractor will be notified by FMD and be given four hours to correct the work. Labor for all re-work will be at no cost to the County. Any additional parts replaced shall be billed at contract pricing. Contractor must have a business facility within 50 miles of 401 W. Jefferson Street, Phoenix, AZ 85003. The County may inspect contractor facilities prior to award and reserves the right to make award based on the condition and quality of contractor facilities and equipment. Contractors bidding on this solicitation may visit worksites to determine conditions that would affect prices and work performance. As some sites do have internal restrictions, it may be necessary for a site visit to be scheduled. 2.10 2.9.14 2.9.15 2.9.16 2.9.17 2.9.18 2.9.19 2.9.20 SERIAL 220125-S To avoid the potential transmission of COVID-19 in any County-owned or -leased facilities, prior to entering, or when on any County facility, property, building, or structure, all contractors, their employees, and subcontractors may be required to wear a face mask/face covering. Attendees who do not adhere to County requirements may be prohibited from visiting County site(s) and/or from entering County facilities, properties, buildings, or structures. The County is not responsible for providing face masks or face coverings. All vehicles used by contractor, including personal transportation vehicles, shall be Clearly identified with the name of the company on each side of the vehicle. The letters shall be of such size that they are distinguishable at a reasonable distance. All employees of the contractor shall wear a company uniform identified with the company name/logo and consisting of a minimum of one of the following: e — Shirt/blouse e Vest e Cap Only authorized employees of the contractor are allowed on County work sites. contractor's employees are NOT to be accompanied in their work area by acquaintances, family members, assistants, or any other person unless said person is an authorized employee of the contractor. All work must comply with EPA, OSHA, and any state, County, or local regulations in effect at each service location. Contractor shall adhere to all regulations, rules, ordinances, and standards set by Federal, state, County, and municipal governments pertaining to safety on the job site. If the contractor is found not to be in compliance with Federal, state, County, and/or municipal safety rules, ordinances, policy, procedure, or codes, the County may, in accordance with the “Suspension of Work” clause of the contract, suspend the work without cost to the County until such non-compliant issues are rectified to the satisfaction of the using agency. Continued non-compliance may result in termination of the contract. Contractor shall be responsible for sourcing all HVAC parts/components/units necessary in the repair/replacement of HVAC systems. Exceptions are if in the best interest of the County, to utilize County's own HVAC commodity contracts to source said supplies. County may conduct audits and performance reviews throughout the term of a contract to ensure contract compliance by the contractor. HOURS OF SERVICE 2.10.1 2.10.2 2.10.3 2.10.4 Contractor shall provide telephone access 24 hours per day, 7 days per week (24/7), 365 days per year, and respond to a call for services within 30 minutes of receipt of a service request received via phone or email. Services shail be available 24/7, 365 days per year. Contractor shall respond on-site to begin work within four hours of receipt of a service request unless arrangements have been made for a later date/time with the County per the work order or notice to proceed. The four hour on-site response time for non-emergency calls shall carry over to the next working day if called into contractor's office after 2:00 p.m. MST. The contractor will be required to begin work by 8:00 a.m. MST the following day. 2.11 2.12 2.10.5 SERIAL 220125-S Contractors shall respond to emergency service requests immediately and report on-site to begin work within two hours of an emergency service call request regardless of the day/time of day, weekend, or holiday. 2.10.5.1 Regular hours are between the hours of 6:00 a.m. and 6:00 p.m., MST, Monday through Friday, excluding County holidays. 2.10.5.2 After hours are between the hours of 6:00 p.m. and prior to 6:00 a.m., MST, Monday through Friday. 2.10.5.3 Weekends are anytime on a Saturday or a Sunday. 2.10.5.4 Holidays are County holidays. 2.10.5.5 The Facilities Management Parts Warehouse is open for deliveries between the hours of 7:00 a.m. to 3:00 p.m. MST, weekdays, except for County holidays. 2.10.5.6 Due to the nature of work in public buildings, FMD will dictate during what service hours the contractor shall provide services. BUILDING ACCESS 2.11.1 2.11.2 2.11.3 2.11.4 2.11.5 The contractor may be provided access to County facilities at the discretion of FMD. Keys, badges, or access cards will be provided per the following guidelines: 2.11.1.1 contractor employees may sign out a set of keys (all looped on a single key ring) upon arrival at site, and must turn in the key set at the end of the day or after completion of duties (as arranged with the County) unless they are issued a permanent key; or 2.11.1.2 permanent keys may be provided to contractor employees on a case- by-case basis; or 2.11.1.3 badges or access cards may be provided to contractor employees for access to the job site. Should an employee leave the contractor’s workforce, contractor shall immediately notify the County and all keys, badges, and access cards must be returned to the County. The contractor shall notify the County within 24 hours if any keys, badges, or access cards are lost, misplaced, stolen, or otherwise not within the contractor's control. Once this agreement is complete, expired, or terminated, the contractor shall immediately return all keys, badges, or access cards to the County. Failure to comply with these requirements may result in the contractor being assessed the cost of replacing keys, badges, or access cards and any associated cost to ensure the security of County facilities including, but not limited to, re-keying the entire building at the expense of the contractor. TIME AND MATERIALS WORK AND PROJECT WORK 2.12.1 All work shall be completed as Time & Material (T&M) work and/or project work. T&M and project work thresholds shall apply as outlined in the scope of this contract. If the contract is awarded to a single vendor, all work with estimated costs of $10,000 or more may be performed as T&M work, or at the County's option, may be 2.12.2 2.12.3 2.12.4 2.12.5 SERIAL 220125-S performed as project work if doing so is more advantageous to the County. Contract award to multiple contractors will result in a call order (first, second, third, etc.) for T&M work. The call order will be determined by respondents lowest average hourly pricing for labor found in the bid responses on Attachment D — Pricing Sheet. Contractor is responsible for confirming the appropriate billing method with the FMD project manager (or other using department) prior to start of work. A request for a price estimate does not imply that work may be billed as a project. Time and Materials Work 2.12.4.1_ Cost estimates for work, which will not constitute a firm fixed quote, may be requested from contractors by County project managers. Work with estimated costs below $10,000 may be performed either as T&M work or may, at the County’s option, be bid among the contractors awarded in the contract. 2.12.4.2 The County reserves the right to adjust the $10,000 T&M threshold if such adjustment is deemed to be in the County’s best interest. 2.12.4.3 Regardless of value, repairs may be completed under a T&M work designation except when it is deemed in the County's best interest to bid among contractors awarded in the contract. 2.12.4.4 Contractor will price T&M services at the contractor's “most favored customer” pricing/discounts under similar conditions (e.g., order sizes, types, complexities, geographical regions, etc.). Contractors will provide County with a full breakdown estimate of pricing prior to County issuance of a work order/project number. 2.12.4.5 T&M hourly labor rates shall include all wages, indirect costs, overhead, profit, coordination time, general and administrative expenses, and profit. Fractional parts (15 - minute intervals) of an hour shall be payable on a prorated basis. 2.12.4.6 Contractor shall only bill County for actual hours worked. County shall not pay for contractor's travel or mobilization time, lunch breaks, traffic delays, etc. Additionally, contractor shall not bill County for time spent retrieving repair parts and equipment that contractor has failed to have on hand when performing anticipated services per the specifications herein. 2.12.4.7 All T&M work shall only require the County to issue a work order/project number to a contractor as authorization to proceed. The work order/project numbers shall be included on the vendor invoice. 2.12.4.8 Contractor must have availability for 24/7 emergency T&M response. 2.12.4.9 T&M repairs may take place in response to emergency calls. Project Work 2.12.5.1 Project work shall mean work performed, which, in the best interest of the County, would be more advantageous to be performed as “all inclusive,” as opposed to time and materials. The contractor assigned to this contract shall be provided a request for project quote containing a detailed scope of work or shall meet with the County agency, discuss what needs to be done, and present the County with a written quote. 2.12,5.2 2.12.5.3 2.12.5.4 2.12.5.5 2.12.5.6 2.12.5.7 2.12.5.8 SERIAL 220125-S Project work shall be work that has been planned and has estimated costs in excess of $10,000. The County reserves the right to adjust the $10,000 project threshold if deemed in the County’s best interest. Exceptions to the T&M/project work threshold shall be emergencies that arise and must be dealt with immediately without the time for project quotes. County's project quote sheet will contain the following information: 2.12.5.4.1 Contract serial number and name 2.12.5.4.2 Name and address of site 2.12.5.4.3 FMD site number 2.12.5.4.4 Detailed scope of work 2.12.5.4.5 Other information relative to the scope of work 2.12.5.4.6 Project start/finish timeline (optional) 2.12.5.4.7 Check box for “will quote” or “will not quote” the project 2.12.5.4.8 Signature line for both the County and the contractor After site review of the project, ail contractors listed under this contract must submit the project quote sheet back to the requestor, either with acceptance and a firm price, or indication that contractor declines the project with a written reason as to why the project was declined. Contractors who have declined project work a minimum of three times during a six-month period shall be required to attend a meeting with the Office of Procurement Services and FMD to discuss consideration for default of contract, as this is indicative of the contractor’s desire not to do business with the County. The submitted project price quote is to be all-inclusive. That is, any cost overruns to be absorbed by the contractor, or cost savings to be additional profit for the contractor. Exceptions to this are changes requested by the County that incur higher project cost and longer delays. All change order requests to a project must be in writing, referencing the contract serial number, and must be approved by FMD (or County user agency if request was made by them) prior to any authorization to proceed. The contractor who fails to acquire approved change orders in writing runs the risk of incurring these additional costs without payment. County may choose to negotiate with the contractor. The responding contractor shall be required to submit all back-up documentation (line item material costs, labor hours with rates, etc.) to the FMD project manager within three business days of a request. This documentation shail include all subcontractor documentation. If an agreement cannot be reached between the County and the contactor, either party may terminate the discussions and the County may seek to re-bid and/or deliver the project through other procurement options. Dependent upon the complexity/nature of the project, a predetermined and/or pre-identified mandatory or optional site meeting may be held to ensure all contractors are aware of important issues regarding the