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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
SCOTT'S ARIZONA ELECTRICAL MOTOR REPAIR PM LLC dba PUMPMAN
PHOENIX
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 Scott's
Arizona Electrical Motor Repair PM LLC dba Pumpman Phoenix, a(n) Delaware limited lability
authorized to do business in Arizona (“Contractor”), collectively, the “Parties.”
dD.
RECITALS
On July 2, 2020, the City of Mesa, a member of S.A.V.E Cooperative Purchasing Alliance,
entered into a contract with Contractor to purchase the goods and services described in the
Motot, Pump, Well Repair and Replacement Services, Contract No. 2020112 (“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 Managet 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, 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 patties agree as follows:
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 July 2, 2020, until the date the contract expires on July 1, 2025. The
Cooperative Purchasing Agreement, may not be extended beyond July 1, 2025. The initial
period of this Agreement, therefore, is the period from the Effective Date of this Agreement
until July 1, 2025, but may be extended for six (6) months if the procurement process for a
1/2/2020
new contract is not completed. ‘Ihe six-month extension will only be granted on a month-to-
month basis if the Cooperative Purchasing Agreement is likewise extended.
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 agtees 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 heteto as
Exhibit C.
B. The total purchase price for the supplies and/or services purchased under this
Agreement shall not exceed sixty-six thousand six hundred sixty-six dollars ($66,666)
annually or two hundred thousand dollars ($200,000) 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-disctimination. Contractor must not disctiminate 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, wattants compliance with this section.
Insurance Certificate. A certificate of insurance applying to this Agreement must be provided
to the City prior to the Effective Date.
Li-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the
requirements of A.R.S. § 41-4401.
No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 ate 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.RS § 35-393.
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.
4/29/2021
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 Todd Blair - Facilities Supervisor
6210 W. Myrtle Avenue, Suite 111
Glendale, AZ 85301
And
Scott's Arizona Electrical Motor Repair PM LLC
dba Pumpman Phoenix
c/o Scott Sleeth
2824 East Washington Street
Phoenix, AZ 85034
scott@semraz.com
IN WITNESS WHEREOPF, the parties hereto have executed this Agreement as of the date and year
set forth above.
“City” “Contractor”
City of Glendale, an Arizona Scott's Arizona Electrical Motor Repair dba,
municipal corporation
Pumpman Phoenix, a Delaware limited
liability
By:
Kevin R. Phelps Name: Scott Sleeth
City Manager Title: General Manager \
ATTEST: |
Julie K. Bower (SEAL)
City Clerk
APPROVED AS TO FORM:
Michael D. Bailey
City Attorney
4/29/2021
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
SCOTT'S ARIZONA ELECTRICAL MOTOR REPAIR PM LLC dba PUMPMAN
PHOENIX
EXHIBIT A
(CITY OF MESA AGREEMENT NO. 2020112
MOTOR, PUMP, WELL REPAIR AND REPLACEMENT SERVICES)
4/29/2021
rN
mesa-az
AGREEMENT PURSUANT TO SOLICITATION
CITY OF MESA AGREEMENT NUMBER 2020112
MOTOR, PUMP, WELL REPAIR AND REPLACEMENT SERVICES
CITY OF MESA, Arizona (“City”)_
-pepariment Name __ City of Mesa — Purchasing
P.O. Box 1466 __ |
_ . Mesa, AZ 85211-1466 |
("Delivery Address" _! 20 East Main St, Suite450 _ |
we ene M8, AZ_ 85201 ed
Attention __ | Ted Stallings, Pr Procurement Officer I! _ no
(EMail _Ted.Stallings@MesaAZ.gov a
_Telephone (480) 644-2815 _. _]
Facsimile | (480) 644-2655 |
With a copy to: City of Mesa — Water Resources
Attn: Greg Flynn, Fiscal Analyst
P.O. Box 1466
Mesa, AZ 85211-1466
Greg. Flynn@MesaAZ. gov
AND
PUMPMAN PHOENIX, (“C: ontractor”)
_ Mailing Address I | 2824 24 East W Washington Street
ee "Phoenix, Arizona 85034 | __
' Remit to Address "2824 East Washington S Street __ _
| Phoenix, Arizona 85034 . cece . . .
TA ttention {Soot § Sleeth ee a
rE E-Mail ee | scott@semraz.com_
‘Telephone | (480) 620-2631
Page 1 of 24
CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION
This Agreement pursuant to solicitation (‘Agreement’) is entered into this 1°" day of July, 2020, by and
between the City of Mesa, Arizona, an Arizona municipal corporation (“City”), and CompanyName, a(n)
State corporation/company/natural person (‘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 2020112 ("Solicitation") for MOTOR, PUMP, WELL REPAIR
AND REPLACEMENT 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.
1. Term. This Agreement is for a term beginning on July 2, 2020 and ending only July 1, 2025. 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.
pe 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.
Page 2 of 24
Orders. Orders be placed with the Contractor by either a: {i) Purchase Order when for a one-time
purchase; (ii) Notice to Proceed, or (iit) Delivery Order off of a Master Agreement for Requirement
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
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 contro! 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
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.
52 Prices. All pricing shall be firm for the Term and all extensions or renewals of the Tarm
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 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 Aji
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. bis.gov/cpi/nhome.htm). The City shall review the request for adjustment and
fespond 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 |s renewed in accordance with Section 1,
pricing may be adjusted for amounts other than inflation that represent actual costs to the
Page 3 of 24
5.5
5.6
5.7
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.
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:
Contractor name, address, and contact information;
City billing information;
City contract number as listed on the first page of the Agreement;
Invoice number and date;
Payment terms;
Date of service or delivery;
Description of materials or services provided;
If materials provided, the quantity delivered and pricing of each unit;
Applicable Taxes
Total amount due.
rr seme ano®
Payment of Funds. Contractor acknowledges the City may, at its option and where
available use a Procurement Card/e-Payables to make payment for orders under the
Agreement. Otherwise; payment will be through a traditional method of a check or
Electronic Funds Transfer (EFT) as available.
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
6.2
6.3
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.
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.
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).
Page 4 of 24
6.4
6.5
6.6
6.7
6.8
6.9
Contractor is encouraged to purchase additional insurance as Contractor determines may
be necessary.
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.
Prior to the execution of the Agreement, Contractor will provide the City with a Certificate
of Insurance (using an appropriate “ACORD’ or equivatent 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.
When the City requires a Certificate of Insurance to be furnished, Contractor's insurance
is primary of all other sources available. When the Gity 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.
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.
All insurance certificates and applicable endorsements are Subject to review and approval
by the City's Risk Management Division.
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 $3 million per occurrence/$5 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 shal 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.
rem tract. 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
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.
Page 5 of 24
8.
10.
it
12.
413.
14.
415.
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.
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. tn 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.
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.
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
(B) Pricing
(C) Mesa Standard Terms and Conditions
(BD) Other
ooo°o
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.
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.
Headings. The headings of the Agreement are for reference only and will not limit or define the
meaning of any provision of the Agreement.
Page 6 of 24
By executing below, each Party acknowledges that it understands, approves, and accepts ali 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 oy sgnedby Eévard Quedene CONTRACTOR NAME
DN: cn=Edward Quedens, o=City of
Mesa, ou=Business Services
enalined qvedens@mesaaz gov, US Lb bool -
By: _ — : By: /
eit
Date: 2020.07.02 08:47:58 -07'00'
Printed Name Printed Name
CAL LOG Cv
Title Title i
oy /2
Date Date 7/7 /
REVIEWED BY:
py: Ted Stallingy
Ted Stallings, CPPB
Procurement Officer Il
Page 7 of 24
EXHIBIT A
SCOPE OF WORK
1, ~ SCOPE OF WORK: To provide repair services, parts and new equipment as needed for the Water
Resources Department and the Parks, Recreations and Commercial Facilities Department. No
brand substitutions will be accepted on items marked as OEM only.
This is not an “all or nothing” proposal as no single firm can supply everything required.
Contractors can bid on any number of items. Awards will be made per item and there may
be multiple awards per item.
There are three (3) categories of items listed in this RFP. Contractors are encouraged to
propose on all Categories if they can provide the equipment and/or services. There will be
multiple awards per category and Contractors do not have to bid on all items in a category
to receive an award.
i, Pumps: The services shall include but are not limited to pulling and repairing
various types of pumps, replacing pumps, providing new pumps, installation
services, vibration analysis, dynamic balancing and other related services.
ji. Motors: The services shall include but are not limited to pulling and
repairing/rewinding various types of motors, replacing motors, providing new
motors, installation services, vibration analysis, onsite meggar testing, alignment
services dynamic balancing and other related services.
2 CONTRACTOR REQUIREMENTS.
a.
Contractor shall have a service facility fully equipped to repair and fabricate parts as
required for the size and type of equipment proposed. The City reserves the right to make
at least one (1) annual on-site inspection of such Contractor facilities (within twenty-four
(24) hours minimum notice) at its discretion.
Contractors bidding on Motors and Submersible Pumps with closely coupled motors have
the following requirements:
i. Contractor service facilities must ba equipped with personnel and equipment
necessary to perform electromechanical repairs/rewinding to electric motors per
the established guidelines in EASA AR100—2006, Recommended Practice for
the Repair of Rotating Electrical Apparatus.
ii. Contractor shall be certified to repair pumps and motors approved for classified
locations (explosion proof motors).
iii. Contractor shall provide personnel trained and properly equipped for confined
space entry.
3. CONTRACTOR PERFORMANCE EXPECTATIONS.
a.
All materials and workmanship provided to the City shall be of the highest industry
standard shall at a minimum meet the original manufacturers specifications and AWWA
Standard A100-6 for Water Wells and AWWA Standard E103-07 for Horizontal and vertical
line shaft pumps. Materials purchased by the City through this contract shall be new
and subject to inspection and approval by a City representative prior to delivery.
lf required, the Contractor shall obtain all permits and licenses and pay all taxes,
charges and fees necessary to perform the services.
Contractor shall guarantee all work under this contract against defects of materials
and/or workmanship for a period of one (1) year from the completion date. Chemical
agents used shall be warranted for the labeled time period and shall not exceed the shelf
time, if applicable.
The Contractor shall furnish all necessary supplies, labor, vehicles and equipment to
perform services. All supplies, labor, vehicles and equipment shall be compliant with
the specifications, terms and provisions set forth herein and shall be subject to random,
unannounced inspection by an individual designated by the City.
The Contractor must make repairs in a timely manner to minimize downtime at the City
of Mesa facilities, including plants and lift stations.
Page 8 of 24
EXHIBIT A
SCOPE OF WORK
4. CONTRACTOR RESPONSIBILITIES.
a.
Contractor shall provide all necessary equipment, tools, personal protection equipment and
Personnel with technical expertise necessary to provide the requested services. Repeated
and documented instances of using substandard materials, supplies, and/or personnel, or
fellure to provide services in a timely manner, shall constitute grounds for termination of
contract.
The Contractor shall be responsible for all equipment that is damaged while in their
possession.
The Contractor shall properly guard, protect, and take every reasonable precaution
necessary against damage or injury to all finished or partially finished work due to
weathering action by the elements or from any other cause, until the entire portion of their
respective contract obligation is campleted and accepted by the City of Mesa. The
Contractor(s) shall rebuild, repair, restore, and make good all injuries or damages to any
Portion of the work before final acceptance at no cost to the Clty of Mesa, Partial payment
for any completed portion of work shall not release the Contractor(s) from such
responsibility.
The Contractor shall comply with all applicable federal, state, and local safety and health
regulations, ordinances, and requirements. The Contractor shall comply with Occupational
Safety and Health Administration regulations specified in 29 CFR 1910.147 The Control of
Hazardous Energy (Lockout/Tagout).
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 Federal and State Occupational
Safety and Health Acts, and Standards and Regulations promulgated thereunder.
The Contractor shail implement a permit-required confined space program as specified under
29 CFR 1910.146 for all work that encompasses a space that:
i. Is large enough and so configured that an employee can bodily enter and perform
assigned work;
ii, has limited or restricted means for entry or exit (for example, tanks, vessels, silos,
storage bins, hoppers, vaults, and pits are spaces that may have limited means of
entry), and
ili. is not designed for continuous employee occupancy.
The Contractor shall be fully responsible for the safety of their employees, the public and
property in connection with the performance of the work covered by this contract. The
Contractor(s) shall provide all safeguards, safety devices and protective equipment and be
responsible for taking any needed actions to protect the life and health of their employees
and the public during work activity. The Contractor(s) shall also take any necessary actions
as directed by the Water Resources Department Supervisor or designee to reasonably
protect the life and health of employees on this job and others coming into contact with the
job site.
, i. The Contractor shall provide, upon request, a copy of its written health and safety
program and any required employee training records or certificates.
5. RESPONSE TIME:
b.
6. WO:
Contractor shall commence work within five (5) calendar days of notification from City for
all non-emergency calls/repairs.
Contractor shall commence work within twenty-four (24) hours of notification from City for
all emergency calls/repairs.
STI Ss Ti ES:
Prior to the Contractor performing any repair work, the Contractor shall be required to
provide the CITY with a written report/estimate that includes the condition of equipment,
recommended repairs, costs of repairs vs cost of replacement, and the estimated time
Page 9 of 24
EXHIBIT A
SCOPE OF WORK
needed to complete the repairs.
i. Based on the cost of the repairs, number of days required for the repairs, and other
factors as deemed important to the City of Mesa, it may be deemed that it is more
advantageous to replace the pump/motor rather than repair it. For this reason, no
work shall commence until the City provides a Notice to Proceed with the work as
outlined in the estimate.
ii. If a Contractor provides an estimate, but the City does not provide a Notice to
Proceed with the repair work, that Contractor shall be allowed to invoice the City
for the tear down and the estimate. The City may request that the disassembled
equipment be retumed and in this case freight charges will be borne by the City.
No additional costs will be charged to the City.
iii. The City reserves the right halt repair services at any time during the repair
process. /f repair services have already commenced, the Contractor shall be
allowed to invoice the City for any repair services that have already been
performed. Contractor shall be required to submit documentation to show the work
that has already been performed. Upon termination of the repair job, all
pumps/motors and parts will be returned to the City.
b. The Contractor will be allowed to remove and disassemble the equipment prior to providing
the City with a written report/estimate. The written estimate will be required within seventy-
two (72) hours after the equipment was removed from the site or delivered to the repair
facility by the City.
c. The Contractor shall be required to repair and reinstall (if required) the equipment within
ten (10) working days from approval of the work estimate. This requirement will be adjusted
if parts delivery exceeds the ten (10) days.
d. Estimate shall Include the following information: Facility and Location Name, Pump/Motor
Unit Name/ ID, Sizes, # of bowls, HP, and any other applicable information along with a
detailed estimate that is to include total man hours and type with cost, materials with
manufacturer information and part numbers, estimated completion date, Inspectors name
and Main Point of Contacts information, and digital photos of defective parts.
e. Contractor shall provide a weekly update (on a mutually agreed upon form) of repair status
along with digital photos throughout the repair process. The Contractor's facility shall be
available to inspect the units repair work and progress. Progress information shall be
provided to the City via e-mail to the Requestor.
REMOVAL, PICK-UP AND DELIVERY
a. Contractor shall be responsible for dismantling, removal, pick-up, reinstallation, and
delivery of all pumps/motors when and where requested by the City (with the exception of
those delivered to shop by City personnel). The contractor shall have sufficient
vehicle/trailer capacity to transport well pipe, pumps and any other related equipment.
b. Pick-up and delivery shall be F.O.B. Destination Freight Prepaid to and from various
locations.
c. Contractor shall return completed repair items to the City within an agreed upon time frame
from date of authorization to proceed, or department approval of estimate/quote.
KEY PERSONNEL
a. The Contractor shall have competent personnel trained in the repair of the proposed
equipment and must have the equipment/supplies necessary to perform repairs on the
equipment as per the specifications, terms and conditions of this contract.
REPAIRS:
a. The Contractor is required to provide a pricing estimate for all repairs prior to the City
authorizing the repair. Once the repairs have been authorized and completed, the
Contractor shall invoice the City using a complete breakdown of parts and labor that
Page 10 of 24
10.
11,
12.
13.
14.
15.
16.
EXHIBIT A
SCOPE OF WORK
Matches the rates and mark-ups bid on the pricing pages. The Invoice shall list the
Contractor cost of each part along with the % markup and finally the City cost of each part.
The nia shall include the Supplier Invoices for all parts or equipment upon request
by the City.
i. Example: ABC Seal Contractor Cost $53.00 +Mark-up @ 12% ($6.36) = City
Cost $59.36.
b. The Contractor shall use manufacturer recommended replacement parts only unless
specifically authorized by the City requester. Non-OEM parts shall be called out on quote
and invoice.
FIELD SERVICES:
a. Contractor's crew must be capable of communicating with the Contractor's main office
without leaving the job site, i.e. two-way radio, cell phone, etc.
b. Contractor shall have access to various sizes of vehicles with sufficient lift capacity to pick
up and deliver pumps and/or motors weighing up to two (2) tons (4000 pounds) or up to
500 HP.
VIBRATION ANALYSIS (PUMPS AND MOTORS):
a. Repairs performed under this contract will be subject to vibration analysis and must comply
with manufacturers specifications.
SAFETY PROCEDURES:
a. Contractor will be responsible for coordinating their activities with City. Prior to the start of
work, Contractor and City should perform a Pre-job briefing to discuss and plan for dealing
with relevant safety issues such as lockout tag-out and confined space exposures.
Contractor will be responsible to properly lockout tag-out electrical hazards and ensure
there is a plan to deal with other work-related hazards.
DISINFECTION (P: E WATER IPRENT):
a. Contractor will be responsible for disinfection of all potable water equipment with NSF
approved products prior to and during installation in accordance with Maricopa County
Health Code, Chapter V, Water Supply R9-8-266.
CLEANUP:
a. Contractor shall remove all debris and other materials from the work site after the
completion of work.
PROTECTION INISHED AN TIALLY FINISHED WORK:
a. Contractor shall properly secure the work site and protect all finished or partially finished
work.
DISPOSAL OF WASTE:
a. Contractor will be responsible for disposal of all waste products including but not limited to
cil baled from a well, debris, etc. at a legal off-site tocation, ANY DISPOSAL OF WASTE
PRODUCTS OR UNUSED MATERIALS SHALL CONFORM TO APPLICABLE FEDERAL,
STATE, AND LOCAL REGULATIONS. Copies of disposal documentation shall be
provided to CITY upon request.
Page 11 of 24
EXHIBIT A
SCOPE OF WORK
17. INSTALLATION
a. All newly painted surfaces shall be protected fram damages. If damages occur Contractor
shall repair surfaces as recommended by manufacturer and to the satisfaction of the City.
b, Line shafts and Motor shall be aligned according to manufacturer and/or City
recommendations.
c. Ping strain issues encountered during installation will be brought to the attention of the
ity.
18. START-UP, DEMONSTRATION, AND TESTING
a. City will be responsible for termination of power and control wires. Once completed a
rotation check shall be done by Contractor in coordination of City personnel, after which
Contractor shall couple the pump and motor.
b. Once rotation check and coupling has been performed a Start-up of the pump/motor shall
be performed in coordination with the City, at which time a Vibration Analysis and/or Pump
Efficiency test will be performed,
c. All tests performed by Contractor shall be witnessed and approved by the City before
acceptance, No Exception.
d. All tests performed should fall within acceptable ranges for Pump Efficiency and/or
Vibration Analysis of the manufacturer unless otherwise determined by City.
19. WRITTEN COMPLETION REPORTS:
a. Contractor shall submit a written completion report to City within thirty (30) days of
completion of work, which details work completed. The report for pump repair shall include
depth of setting, bow! size and make, tube and shaft size and make, depth of well water
level and other pertinent information. The report shail include a daily log that accounts for
all hours and materials billed to the job. All reports must be received and verified prior to
Contractor invoicing for the work. If the invoice is dated before the reports were received
and verified, the City will deny the invoice and ask that a new invoice be created with an
invoice date AFTER the reports were received and verified.
20. ORDERS AND INVOICING:
a. Order Placement:
i. Orders shall be placed using a Delivery Order (DO) #. There shall be no minimum
purchase required. The contracted vendor shall deliver available products within
seven (7) to ten (10) business days from order placement to City user sites.
ii, Equipment and parts shall be new, un-opened, and in original factory packaging
and in current manufacturer production at time of bid opening.
iii. All equipment, parts and supplies to be boxed and/or packaged in such a manner
to adequately protect the equipment against physical damage during shipment and
to insure carrier acceptance and safe delivery at the designated destination.
b. Packing Slips:
i, Packing Slips should be itemized and reference City contract number and delivery
order number (DO).
ii. Any parts or supplies received with defects shall immediately be replaced at no
charge by the Contractor.
c. Invoicing:
i. Invoices shall be emailed to WaterAcctsPayable@MesaAZ.gov for the fastest
pracessing.
ii. Invoices shall include the following: Delivery order (DO) #, part number(s), product
description, list price, percent discount, city cost (contract pricing), freight charge
and sales tax (if applicable as many items to be purchased off of this contract will
be tax exempt).
Page 12 of 24
21:
22.
23.
EXHIBIT A
SCOPE OF WORK
iii. Vendors shall not invoice for items not shipped as this will delay payment of entire
invoice.
lv. Vendors shall not involee for disinfection services performed unless the invoice is
accompanied by the report and test results as indicated in this RFP.
WARRANTY:
a. Product - The City is requesting a warranty on all new equipment and parts for a minimum of
one (1) year (unless stated otherwise in this solicitation) from the date of receipt.
b. Equipment Repair Service — The City is requesting a warranty on all equipment repair
services for a minimum of ninety (90) days from the date of completion.
c. in the event of any of the aforesaid warranties are not fulfilled, Contractor guarantees to
promptly reimburse the City for its cost in making suitable tepairs or replacements or, at
the City’s option, the Contractor shall promptly make suitable tepairs or replacements at
Contractor's own expense. Contractor shall submit with bid response detailed information
regarding product warranty.
R SES/RI MENTS:
The City may decide to purchase replacement pumps, motors, and other equipment from
Contractor. The price to be paid to Contractor by City will be billed at the Contractor's
invoice price (from supplier invoice) multiplied by the compensation factor listed on the
pricing page. The factor listed will be Contractor's compensation for handling. There will
be no mark-up on freight costs. Freight shall be handled as a pass-through cost. Contractor
shall include invoices for any parts/equipment for which he is seeking compensation. The
Invoice shall list the Contractor cost of each part along with the % markup and finally the
City cost of each part. Contractor shall provide their supplier invoice upon request to the
City.
City reserves the right to purchase pumps, motors, and other equipment directly from the
manufacturer or from other vendors if it is in City's best interest.
PRODUCT RECALL:
a.
In the event of any recall notice, technical service bulletin, or other important notification
affecting the equipment, parts and services purchased under this agreement, a notice shall
be sent to the Contract Administrator. It shall be the responsibility of the Contractor to
assure that all recall notices are sent directly to the Contract Administrator and Purchasing
Office.
Contractor assumes full responsibility for prompt notification of both the contract
administrator and purchases of any product recall In accordance with the applicable State
of Arizona and federal regulation.
Page 13 of 24
EXHIBIT B
PRICING
PUMPS
[A_NEW PUMP SALES
AI purnps shail be at vendor cost + % markup for their hanaling and shall
Include pump Cost and any incidentals. Shioping (freight) shall not be marked- % Markuy
up but handed simply as a pass-through cost. Vendor must be prepared to a
1_ prove vendor cost by supplying their suppliar Invoice when requested, Om isa
ic req . 18% | cost,
Rate for Sanice Overtime,
£ ae Rate for Service Weekday Weekend, Holday
2 shop Machinist § 75.00 | PERHOUR |$ (00.00 | PER HOUR
$ 75.00 | PERHOUR | $ 400,00 | PER HOUR
3} Shop Welder $ 75.00 | PER HOUR | §
4 [Shop tnfrared Conera / Thetmal Images $ 7TsO0- PER HOUR TS ——Too.00 | PEN HOURS
5_|Shop Dynamic Balencing Senice 5 75.00 | PERHOUR | $100, oe
7 [Shop Vibration Analysis : 00.00 | PER HOUR
3 75.00 | PERHOUR [S$ 200.00 [ PER HOUR
(D [CRANE SERVICES
Crane/Crew Rental, Pricing shall include ab labor
material, overhead, fuel surcharges and taxes to
perform the serdces as outined in the solicitation.
Crane Size Up to § ton
(4 rator Change $126.00 [Per Hour
| [Delivery & Pick-Up
2 |Charge $ 80.00 |Per Job
[3 [Person $60.00 [Per Hour
All omer Crane Sizes ~ subcontracted
% Markup
| over vendor
| 4 |Cost+ Markup L 10%| cost
| _ Rate for Service Overtime,
|E_JFIELO SERVICES Rate for Serice Weekday Weekend, Holiday
Mobilization charge including crew with ravel to and
| 1 man crew from job kbeation $ 75.00 | PERJOB | $ 97.50 |_PER HOUR
Rate for crew from tme of arrival 10 departure (billed
2 In 1/2 hr increments sttor the first hour) $ 37.50 | PER HOUR | § 48,50 | PER HOUR
Mobilization charge including crew with travel to and
[S| — 2mancrew —_|fromjpb location $ 135,00| PeRJOB |$ _175.50| PER JOB
4 in 1/2 br increments after the first hour) § 67.50 | PER HOUR | $ 87.75 |_PER HOUR
Mobilization charge including crew with travel to and
5) 3 man crow from job location: 8 150,00 | PERJOB | $ 196.00 PER JOB
Rate for crew from tirna of arrival to departure (billed
6 In 1/2 hr increments after the first hour) 3 105.00 | PER HOUR | $ 136.50 |_PERHOUR
7_{Field Electrician $ 75.00 | PER HOUR | $ 97.50 | PER HOUR
& _|Fioki Labor _ § 75.00 | PER HOUR | $ 97.60 |] PER HOUR
9 [Fickt Machinist 3 75.00 | PER HOUR | $ 97.50 | PER HOUR
+0 |Fiakd Mechanic $ 75.00 | PER HOUR | $ 97.50 | PER HOUR_|
14, |Fieki Welde- $ 75.00 | PER HOUR | $ 97.59 | PER HOUR
| 12 |Fiekd Infrared Camera / Thermal Images _ $ 96.00 | PER HOUR | 5 123.50 | PER HOUR
13_|Fied Dy7amic Balancing Service $ 95.00 | PER HOUR | $ 123.50 | PER HOUR
414 [Field Laser Shaft Alignment $ 95.00] PERHOUR|$ 123.60 | PERHOUR
15 [Field Vibration Analysis $ 95.00[ PERUNT [$123.50] PERUNT
[F_JINCIDENTALS AND REPAIR PARTS.
1 [Percent markup over cost for repair parts purchased by the Contractor: | 18% |Cost + %
(6 _|VACUE ADDED SERVICES
PUMP RENTAL - The Gity is interested in “as-needed rental of emergency bypass purnps and related equipment and
services, Services would include project design, pump and related equiprnent rental, calivery and set-up, pump watch,
teardown. Related equipment! would be itams such as elbows, piping, adapters, valves, hoses, saddies, couplings, spill
berms, and other similar itams, Vendors wishing fo have rental services added to this contract are asked fo provide current H
pr cing for pumps and equipment wih daily, weekly and monthly rates associated. Labor rates shall be included for all
jactiviies. Pricing shall be firm for the Initial contract term and requesis for increases for annual renewels shail not exceed
‘ 5%. Vendors should include an inventory of rental equipment by size and type.
Attach e list of any value added services yaur company has to offer along with the price for each senice. Hf accepted by the
2_{City, these could become part of the awarded contract.
Page 14 of 24
EXHIBIT B
PRICING
MOTORS
[A__|NEW MOTOR SALES
All motors shall be at vendor cost + %
markup for their handling and shail include
motor cost and any incidentals. Shipping
(freight) shall not be marked-up but 18%
handled simply as a pass-through cost.
Vendor must be prepared to prave vendor
cost by supplying their supplier invoice
4___}when requested, % Mark-up
Rate for Service Overtime,
(C__|SHOP SERVICES Rate for Service Weekday Weekend, Holiday
4__|Shop Labor $ 75.00 | PER HOUR | $ 97.50 | PER HOUR
2__|Shop Machinist $ 75.00 | PER HOUR | $ 97.56 | PER HOUR
3__|Shop Welder $ 75.00 | PER HOUR | $ 97.50 | PER HOUR
4__|Shop Infrared Camera/ Thermal images | $ 75.00 | PER HOUR | $ 97.50 | PER HOUR
5__|Shop Dynamic Balancing Service $ 76.00 | PER HOUR | $ $7.60 | PER HOUR
§ _|Shop Laser Shaft Alignment $ 75.00 | PER HOUR |$ 97.50 | PER HOUR
[D_TCRANE SERVICES
Crane/Crew Rental. Pricing shall include all labor material, overhead, fue!
surcharges and taxes to perform the services as outlined in the solicitation.
Crane Size Up to 5 ton
1__|Operator Charge _ $ 425.00 |Per Hour
2 Delivery & Pick-Up Charge $ 80.00 [Per Job
3 ___|Each Additional Crew Person $80.00 | Per Hour
All other Crane Sizes - subcontracted
'% Markup
over vendor
. 4 _|Cost + Markup 18% jcost
E _|FIELD SERVICES
Pricing shall include all labor material, overhead, fuel surcharges and taxes to perform the services as outlined in
the solicitation.
Overtime,
Weekends, Holidays -
Weekdays - Travel to & from Travel to & from job
job location within City from location within City from
Crew Size Contractor's yard Contractor's yard
1___|Three (3) Man Crew 160.00 |/Per Job $ 195.00 |Per Job
2__|Two{2) Man Crew 135.00 |Per Job $ 175.50 [Per Job
3___|One (1) Man Crew $ 75.00 |Per Job $ 97.50 |Per Job
Per man / per Per man /
4 __|Standby charge after 30 minumtes $ 50.00 |hour $ 75.00 |per hour
5 ___|Field Weider $ 75.00 |Per Hour $ 97.50 {Per Hour
6 __|Field Tech of Field Electrician $ 75.00 |Per Hour 3 97.50 |Per Hour
7 Field Vibration Analysis Servica $ 95.00 |Per Hour $ 123.50 |Per Hour
8 Onsite Balancing Service $ 95.00 |Per Hour $ 123.50 |Per Hour
9 |Onsite Meggar Testing Service $ 75.00 |Per Hour $ 97.50 |Per Hour
10__|Onsite Aignment Services $ 95.00 |Per Hour $ 423.50 |Per Hour
[F_ [incidentals and Repair Parts —
Percent markup over cost for repair parts purchased by the Contractor: 18% {Cost + %
[G__|Value Added Services
Attach a list of any value added services your company has to offer along with the price for each service. If accepted by the
City, these could become part of the awarded contract.
Page 15 of 24
EXHIBIT C
MESA STANDARD TERMS AND CONDITIONS
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. |f 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.
SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the
express written permission of the City. lf 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.
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.
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.
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.
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.
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.
TIME OF THE ESSENCE. Time Is of the essence to the performance of the parties’ obligations
under this Agreement.
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 personne! 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.
Page 16 of 24