ABM Electrical Agreement
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4/29/2021
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
ABM ELECTRICAL POWER SERVICES, LLC
THIS LINKING AGREEMENT (this “Agreement”) is entered into as of this
day of
, 2022, between the City of Glendale, an Arizona municipal corporation (the “City”), and ABM
Electrical Power Services, LLC, a(n) Delaware limited liability company authorized to do business in
Arizona (“Contractor”), collectively, the “Parties.”
RECITALS
A.
On May 26, 2022under S.A.V.E Cooperative Purchasing Agreement, the Maricopa County
entered into a contract with Contractor to purchase the goods and services described in the
High Voltage Electrical Services, Serial 220187-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.
B.
Section 2-149 of the City’s Procurement Code permits the Materials Manager to procure goods
and services by participating with other governmental units in cooperative purchasing
agreements when the best interests of the City would be served.
C.
Section 2-149 also provides that the Materials Manager may enter into such cooperative
agreements without meeting the formal or informal solicitation and bid requirements of
Glendale City Code Sections 2-145 and 2-146.
D.
The City desires to contract with Contractor for supplies or services identical, or nearly
identical, to the supplies or services Contractor is providing other units of government under
the Cooperative Purchasing Agreement. Contractor consents to the City’s utilization of the
Cooperative Purchasing Agreement as the basis of this Agreement, and Contractor desires to
enter into this Agreement to provide the supplies and services set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference,
and the covenants and promises contained in this Linking Agreement, the parties agree as follows:
1.
Term of Agreement. The City is purchasing supplies and/or services from Contractor
pursuant to the Cooperative Purchasing Agreement. According to the Cooperative
Purchasing Agreement, purchases can be made by governmental entities from the date of
award, which was June 1, 2022, until the date the contract expires on May 31, 2023, 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 May 31, 2028. The initial period of this Agreement, therefore, is the
period from the Effective Date of this Agreement until May 31, 2023. The City may renew
the term of this Agreement for up to (5) five years annually or portions thereof until the
Cooperative Purchasing Agreement expires on May 31, 2028. Glendale renewals are not
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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.
2.
Scope of Work; Terms, Conditions, and Specifications.
A.
Contractor shall provide City the supplies and/or services identified in the Scope of
Work attached as Exhibit B.
B.
Contractor agrees to comply with all the terms, conditions and specifications of the
Cooperative Purchasing Agreement. Such terms, conditions and specifications are
specifically incorporated into and are an enforceable part of this Agreement.
3.
Compensation.
A.
City shall pay Contractor compensation at the same rate and on the same schedule as
provided in the Cooperative Purchasing Agreement, which is attached hereto as
Exhibit C.
B.
The total purchase price for the supplies and/or services purchased under this
Agreement shall not exceed one million two hundred fifty thousand dollars
($1,250,000) for the entire term of the Agreement (initial term plus any renewals).
4.
Cancellation. This Agreement may be canceled pursuant to A.R.S. § 38-511.
5.
Non-discrimination. Contractor must not discriminate against any employee or applicant for
employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status, U.S. military
veteran status or any disability. Contractor will require any Sub-contractor to be bound to the
same requirements as stated within this section. Contractor, and on behalf of any
subcontractors, warrants compliance with this section.
6.
Insurance Certificate. A certificate of insurance applying to this Agreement must be provided
to the City prior to the Effective Date.
7.
E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the
requirements of A.R.S. § 41-4401.
8.
No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the
parties hereby certify that they are not currently engaged in, and agree for the duration of the
Agreement to not engage in, a boycott of goods or services from Israel, as that term is defined
in A.R.S § 35-393.
9.
Attestation of PCI Compliance. When applicable, the Contractor will provide the City
annually with a Payment Card Industry Data Security Standard (PCI DSS) attestation of
compliance certificate signed by an officer of Contractor with oversight responsibility.
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10.
Notices. Any notices that must be provided under this Agreement shall be sent to the Parties’
respective authorized representatives at the address listed below:
City of Glendale
c/o Julie Ossege
7070 W. Northern Ave.
Glendale, AZ 85303
And
ABM Electrical Power Services
c/o Jason Black
2631 S Roosevelt St.
Tempe, AZ 85282
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
ABM Electrical Power Services, LLC,
municipal corporation
a Delaware limited liability company
By:
By:
Kevin R. Phelps
Name: Jason Black
City Manager
Title: Authorized Representative
ATTEST:
Julie K. Bower
(SEAL)
City Clerk
APPROVED AS TO FORM:
Michael D. Bailey
City Attorney
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
ABM ELECTRICAL POWER SERVICES, LLC
EXHIBIT A
(Maricopa County High Voltage Electrical Services, Serial Number 220187 -S)
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4/29/2021
SERIAL 220187-S
HIGH VOLTAGE ELECTRICAL SERVICES
DATE OF LAST REVISION: May 26, 2022
CONTRACT END DATE: May 31, 2023
CONTRACT PERIOD THROUGH MAY 31, 2023
TO:
All Departments
FROM:
Office of Procurement Services
SUBJECT:
Contract for HIGH VOLTAGE ELECTRICAL SERVICES
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 May 26, 2022
(Eff. 06/01/22).
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.
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Attach
Copy to:
Office of Procurement Services
Sammi Birchard, FMD
Brad Koos, FMD
Jason Jameson, FMD
(Please remove Serial 171017-S from your contract notebooks)
PROJECT
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
ABM ELECTRICAL POWER SERVICES, LLC
EXHIBIT B
Scope of Work
High voltage electrical services on an as needed basis.
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HIGH VOLTAGE ELECTRICAL SERVICES
1.0
INTENT
SERIAL 220187-S
1.1
Maricopa County is seeking one or more qualified contractors to provide, on an as-needed
basis, high voltage electrical (over 600 volts+/-) distribution service, including, but not limited
to, repairing overhead/underground high voltage electrical transmission lines, substations
and transformers, generators (while energized), and providing temporary power for electrical
distribution systems. Contractor shall provide all parts, labor, materials, equipment, tools, and
transportation required to perform these services at multiple County locations.
1.2
Other County departments may use this contract. Facilities Management Department
(FMD) is not responsible for contract administration for services requested or payments for
work performed under the direction of other County agencies.
1.3
Respondents to this solicitation shall identify 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.
1.4
Other governmental entities under agreement with the County may have access to services
provided hereunder ( see also Sections 3.18 and 3.19 below).
1.5
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.
1.6
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.
2.0
SCOPE OF SERVICES
2.1
The following high voltage repairs and services are listed, as a minimum. Additional services
may be requested by the County on an as needed basis. Any contractor considering bidding
must have the licenses, tools, equipment, materials, and technical ability to perform all listed
repairs and services. Required services are divided into two groups:
2.1.1
GROUP1
2.1.1.1
Transformers
2.1.1.1.1
Addition and/or removal of oil
2.1.1.1.2
Perform double test**
2.1.1.1.3
Perform Turn To Ratio test (TTR)**
2.1.1.1.4
Oil analysis/testing**
2.1.1.1.5
Perform Hipot testing
2.1.1.1.6
Perform Mega-ohm testing
2.1.1.1. 7
On-site gasket fabrication**
2.1.1.1. 8
Relay and Circuit Breaker testing
2.1.1.1. 9
Switchgear repair/replacement/testing**
2.1.1.1.10 Substations, maintenance, and repair
2.1.2
GROUP 2
2.1.2.1
2.1.2.2
2.1.2.3
2.1.2.4
2.1.2.5
2.1.2.6
2.1.2.7
2.1.2.8
2.1.2.9
SERIAL 220187-S
Underground and overhead cables repair and maintenance
Pole testing
Hardware and ground wire tightening
Pole and hardware change-out
Transition inspection and repairs (i.e., arrestors, cutouts, fuses, jumpers,
and connectors)
Down guy/anchor repair and replacement
Switching and grounding
Utility notification and coordination as necessary
Manhole entry, cleaning, repair, and manhole (underground) cable work
2.1.2.10 Distribution panels, repair, inspection, cleaning, and testing
-it is understood some of the services listed above cannot be performed by all high voltage service
contractors, and therefore shall be subcontracted by County contractor(s) to a contractor
specializing in that field.
2.2
TECHNICAL REQUIREMENTS
2.2.1
High voltage shall be defined as 600V+/- and above, for all County facilities. There
are no voltage minimums/maximums for transformers.
2.2.2
Each contractor assigned to this contract shall have the capability of repairing
overhead/underground high voltage electrical transmission lines, substations, and
transformers, generators while energized. This may not occur on a regular basis:
however, this requirement is essential should the need arise.
2.2.3
All testing shall be performed by lnterNational Electrical Testing Association
(NETA) or National Institute for Certification in Engineering Technologies (NICET)
certified technicians.
2.2.4
Each of the groups in Section 2.1.1 and 2.1.2 is listed in Attachment D, Pricing
Sheet.
2.2.5
Contractor shall provide all equipment, tools, labor, supervision, materials,
transportation, and all effort necessary to carry out the specifications herein.
2.2.6
Service shall be made available to the County 365 days per year.
2.3
The contractor shall be responsible to perform the scope of services herein at various
County building locations for the FMD (locations of buildings managed by FMD can be
found by visiting https://www.maricopa.gov/2127/Facilities-Manaqement, "Facilities We
Manage" and other County departments on an on-demand basis.
2.4
All work shall be completed as Time and Material Work, Project Work as per Section 2.14.
2.4.1
Project work shall mean work performed, in the best interest of the county, which
would be more advantageous to be performed as "all inclusive" as opposed to time
and materials. Each of the contractors shall be provided a request for project quote
containing a detailed Scope of Work. As such, each contractor shall submit a
response, the award will be granted to the lowest quote for the project. Contractors
are not to submit their own project quote sheets (exceptions: if the contractor's
quote sheet has no terms and conditions and no provisions for a signature from
the County). If the contractor's quote sheet contains any of the aforementioned,
SERIAL 220187-S
only County letterhead quote sheets will be acceptable. All terms and conditions
are only established by the County under this agreement.
2.4.2
Work shall be scheduled by the contractor with the FMD staff (or other using
department staff) to ensure service operations do not interfere with normal building
operations.
2.4.3
In the event the work performance of the contractor is unsatisfactory, the contractor
will be notified by the County and be given one day to correct the work. Labor for
all re-work will be at no cost to the County. Should the contractor fail to correct the
work to the County's satisfaction, the County reserves the right to make other
arrangements to have the work completed. 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
be billed to the contractor.
2.5
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.
2.6
DETENTION FACILITIES SERVICES REQUIREMENTS
2.6.1
Contractors may be required to provide services to detention facilities. Contractors
should be aware to use caution when servicing a detention facility:
2.6.1.1
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.
2.6.1.1.1
Contractor shall report missing tools/materials to detention
staff immediately, prior to leaving the premises, or as soon
as the contractor is aware of any missing tools/materials.
2.6.1.2
Contractor's technicians must, at all times, monitor and account for any
and all tools taken into a detention facility.
2.6.1 .3
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.
2.7
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 2.16 - Allowable Pass-through Costs With Mark-up
Under Time and Materials Work. Work outside the scope includes, but is not limited to,
patching, painting, excavating, asphalt removal/replacement.
2.8
PERFORMANCE REQUIREMENTS
SERIAL 220187-S
2.8.1
Contractor must meet all Federal Environmental Protection Agency (EPA) and
Occupational Safety and Health Administration (OSHA) guidelines, and
contractors failing to meet these guidelines may be subject to contract termination.
2.8.2
All service work performed by contractor shall be to a professional standard,
meeting all required city building codes, and is susceptible to FMD staff inspection.
Documentation, through an audit and feedback system of contract administration,
shall be used by FMD for this contract.
2.8.3
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).
2.8.4
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 otherwise pre-approved in writing by the County.
2.8.5
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 of any unanticipated outage and if any equipment is mistakenly taken
out of service.
2.9
REPLACEMENT OR OVERHAUL OF EQUIPMENT
2.9.1
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.
2.9.2
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.
2.10
CONTRACTOR QUALIFICATIONS
2.10.1 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.
2.10.1.1 State of Arizona, Registrar of Contractors license for electrical and
transmission lines A-17. (Utility companies are exempt from licensing
requirement).
2.10.2 Contractor must meet all EPA and OSHA guidelines (if any) in the proper handling
and disposal of special waste or contaminated materials generated by services
rendered.
2.10.3 Contractor shall have a minimum of one technician capable of Hi-Pot, Hot-Phasing,
Megger testing, underground cable detection, and ductor and turns ratio testing.
SERIAL 220187-S
2.10.4 Contractor shall be able to perform cable splicing and terminations. The preferred
contractor shall have authorized certifications from three separate medium & high
voltage termination and splice kit manufacturers (i.e., Elastimold, Raychem, 3M,
etc.).
2.10.5 Required Experience
2.10.5.1 The contractor must have been in the high voltage repair business a
minimum five consecutive years and must be completely familiar with
the specified requirements and methods needed for proper performance
of this contract.
2.10.5.2 Employees of the contractor, assigned to work on energized distribution
equipment, must have electrical journeymen technicians on staff who
have completed a State of Arizona approved electrical lineman
apprenticeship program or equivalent. Provide on your letterhead a
statement to that effect.
2.10.5.3 Contractor shall own/lease a minimum of one bucket truck capable of
35-foot extension, which is reliable and maintained regularly. Contractor
shall employee at least one bucket truck operator who has been trained
in electrical bucket truck operations.
2.10.5.4 Contractor shall employ a minimum of five technicians, unless otherwise
negotiated with the County, who are qualified to perform all work and to
adequately service County facilities. Contractor's technical staff have
the following qualifications, and proof of such shall accompany the
bid packet:
2.10.5.4.1 Be thoroughly trained, with a minimum of five years'
experience performing the work listed in the Scope of
Services.
2.10.5.5 Contractor shall have a successful record of self-performing the
following experience, and proof of such shall accompany the bid
packet:
2.10.5.5.1 At least three medium voltage (MV) (0.6kV - 33kV) Vac
work within the past three years
2.10.5.5.2 At least three high voltage (HV) (33kV - 220kV) work
within the past three years.
2.10.5.5.3 At least three projects involving emergency transfer
equipment rated at 4, 160 Vac within the past three years.
2.10.5.6 These requirements shall be verified after bid submittals and prior to
award via the due diligence process of FMD.
2.11
CONTRACTOR REQUIREMENTS
2.11.1 Contractor shall maintain a minimum of three fully stocked service trucks utilized
in the high voltage business. The Contractor's service truck fleet shall carry
sufficient supply of test equipment, tools, materials, and parts etc., needed to
perform high voltage electrical power services. Proof of such must accompany the
bid packet and truck fleet may be inspected prior to award.
SERIAL 220187-5
2.11.2 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.
2.11.3 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.
2.11.3.1 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.
2.11.3.2 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
Listing. Attachment F shall accompany the bid packet and shall be
maintained throughout the contract.
2.11.4 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. Rented equipment
shall be charged as indicated in Section 2.17 Allowable Pass-Through Costs with
No Mark-Up Under Time and Materials Work.
2.11.4.1 "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.
2.11.4.2 "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.
2.11.5 Contractor shall be responsible for obtaining and transporting equipment to and
from the job site. In this regard, the contractor shall:
2.11.5.1 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.
2.11.5.2 Arrange for lease or rental of any special tools and equipment needed
to perform the work.
2.11.5.2.1 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.
SERIAL 220187-5
2.11.5.2.2 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.
2.11.5.3 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
County may require the immediate removal and replacement of the
deficient equipment at the contractor's expense.
2.11.6 Contractor shall perform the work in such a way as to minimize disruption to the
normal operation of the County site and building occupants.
2.11. 7 Upon completion of work, 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.
2.11. 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 be billed to the contractor.
2.11.8 Contractor shall perform all services in such a manner that County property is not
damaged.
2.11.8.1 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.
2.11.8.2 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 be billed to the contractor.
SERIAL 220187-S
2.11.9 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.
2.11.10 Contractor must have a business facility within 50 miles of 401 W. Jefferson Street,
Phoenix, AZ 85003.
2.11.11 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.
2.11.12 Contractors bidding on this solicitation may request a site visit to determine
conditions that would affect prices and work performance. Contractors shall
schedule requested site visits by contacting the procurement officer listed in this
solicitation.
2.11.13 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.
2.11.14 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.
2.11.15 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:
•
Shirt/blouse
•
Vest
•
Cap
2.11 .16 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.
2.11.17 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 all Federal, State, County, 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.
2.11 .18 County may conduct audits and performance reviews throughout the term of a
contract to ensure contract compliance by the contractor.
2.12
HOURS OF SERVICE
SERIAL 220187-5
2.12.1 Contractor may be required to 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.
2.12.2 Services shall be available 24/7, 365 days per year.
2.12.3 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.
2.12.4 The four-hour 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.
2.12.5 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.
2.12.5.1 Regular hours are between the hours of 6:00 a.m. and 6:00 p.m. MST,
Monday through Friday, excluding County holidays.
2.12.5.2 After hours are between the hours of 6:00 p.m. and prior to 6:00 a.m.,
MST, Monday through Friday.
2.12.5.3 Weekends are anytime on a Saturday or a Sunday.
2.12.5.4 Holidays are County holidays.
2.12.5.5 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.
2.12.5.6 Due to the nature of work in public buildings, FMD will dictate during
what service hours the contractor shall provide services.
2.13
BUILDING ACCESS
2.13.1 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:
2.13.1.1 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
2.13.1.2 permanent keys may be provided to contractor employees on a case
by-case basis; or
2.13.1.3 badges or access cards may be provided to contractor employees for
access to the job site.
2.13.2 Should an employee leave the contractor's workforce, contractor shall immediately
notify the County and all keys, badges, and access cards assigned to the former
employee must be returned to the County.
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2.13.3 The contractor shall notify the County within 24 hours of discovery that any keys,
badges, or access cards are lost, misplaced, stolen, or otherwise not within the
contractor's control.
2.13.4 Once this agreement is complete, expired, or terminated, the contractor shall
immediately return all keys, badges, or access cards to the County.
2.13.5 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.
2.14
TIME AND MATERIALS WORK, PROJECT WORK
2.14.1 All work will be completed Time & Material (T&M) work and/or project work. T&M
and project work thresholds will 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 sole discretion of the County, may
be performed as project work if doing so is more advantageous to the County.
2.14.2 Contract award to multiple contractors will result in a call order (1st, 2nd, 3rd, etc.)
for T&M work. The call order will be determined by the lowest average pricing found
in the bid responses on Attachment D - Pricing Sheet.
2.14.3 Contractor is responsible for confirming the appropriate billing method with the FMD
project manager ( or other using department) prior to start of work.
2.14.4 A request for a price estimate does not imply that work may be billed as a project.
2.14.5 Time and Materials Work
2.14.5.1 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.
2.14.5.2 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.
2.14.5.3 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.
2.14.5.4 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.
2.14.5.5 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.
2.14.5.6 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
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on hand when performing anticipated services per the specifications
herein, e.g., temporary generators, test equipment, fittings.
2.14.5.7 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.
2.14.5.8 Contractor must have availability for 24/7 emergency T&M response.
2.14.5.9 T&M repairs may take place in response to emergency calls.
2.14.6 Project Work
2.14.6.1 Project work shall mean work, which, in the best interest of the County,
would be more advantageous to be performed as "all inclusive," as
opposed to T&M. 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.
2.14.6.2 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.
2.14.6.3 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.
2.14.6.4 County's project quote sheet will contain the following information:
2.14.6.4.1 Contract serial number and name
2.14.6.4.2 Name and address of site
2.14.6.4.3 FMD site number
2.14.6.4.4 Detailed scope of work
2.14.6.4.5 Other information relative to the scope of work
2.14.6.4.6 Project start/finish timeline ( optional)
2.14.6.4. 7 Check box for "will quote" or "will not quote" the project
2.14.6.4.8 Signature line for both the County and the contractor
2.14.6.5 After site review of the project, all 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.
2.14.6.6 The submitted project price quote is to be all-inclusive. That is, any cost
overruns are to be absorbed by the contractor, or cost savings are to be
additional profit for the contractor. Exceptions to this are changes
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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 by County
using agency requesting the change[s]) 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.
2.14.6. 7 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 (or County requesting agency) within three business days of a
request.
This
documentation
shall
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.
2.14.6.8 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
project. Contractors who do not show-up to a mandatory site meeting
and who submit a project quote will be considered "non-responsive".
2.14.6.9 Contractors will be compensated for additional work requested by the
County that is not detailed in the scope of work in a project quote using
the labor rates bid by the contractor on the pricing page only if such work
has been pre-approved, in writing, by the County. Contractors may not
be compensated for additional work performed that has not been pre
approved, in writing, by the County.
2.14.6.10 Upon project completion, contractor will provide County with a closeout
package containing documents that County has identified in the project
bid. Requested documents may include, but are not limited to, warranty
letters, product list, operation and maintenance manuals, and a vendor
list.
2.15
TIME AND MATERIALS CONSUMABLES
Contractor must provide all equipment, consumable shop supplies (rags, cleaners,
solvents, gases, etc.), miscellaneous parts (screws, bolts, nuts, small items, etc.), and tools
necessary to perform all required services. Contractor may be allowed a one-time
consumable charge of up to $25 per work order to cover these type of expenses, at the
County's discretion. Anything beyond the $25 limit shall be provided at the contractor's own
expense.
2.16
ALLOWABLE PASS-THROUGH COSTS WITH MARK-UP UNDER TIME AND
MATERIALS WORK
2.16.1 Authorized costs which are not listed on the pricing page shall be paid for by the
contractor and invoiced to the County. Supporting documents for any allowable
pass-through cost shall accompany each final invoice. All pass-through supporting
documents must be from third party quotes or invoices for goods or services,
itemized for labor, materials, and taxes. The following fees will be allowed a five
percent administrative mark-up:
2.16.1.1 Use of subcontractors: The use of labor by subcontractors performing
any work not normally performed in the scope of providing services
herein and that cannot be performed by the prime contractor (e.g., asphalt
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removal/install, patching, painting, excavating, etc.), and that may require
specialized licensing and/or certification.
2.16.1.1.1 Prime contractor shall be responsible for ensuring that
subcontractors have all proper documentation as required
by the County. Use of subcontractors requires prior written
approval from the County.
2.17
ALLOWABLE PASS-THROUGH COSTS WITH NO MARK-UP UNDER TIME AND
MATERIALS WORK
2.17 .1 Equipment and tool leases/rentals for unique County requirements: Pricing will be
charged at the rate specified in the bidder response on Attachment D - Pricing
Sheet (per project or T&M job) with no mark-up.
2.17.1.1 Contractors shall receive prior approval from the County, in writing, for
tools or equipment rented or charged on a per use basis by contractors
while conducting County business.
2.17.1.2 Operating costs for rented equipment, which include a condition that
equipment only be operated by an employee of the rental company, are
allowable at the operator rate designated by the rental company.
Rental/Operating costs shall be paid by the contractor and invoiced to
the County with no mark-up.
2.17 .2 Permits: Any permits related to the performance of County work shall be obtained
by the contractor. Permit costs shall be paid by the contractor and invoiced to the
County with no mark-up.
2.17 .3 Dump fees: Any dump fees incurred by the contractor related to work performed
for the County shall be paid by the contractor and invoiced to the County with no
mark-up.
2.18
TRIP CHARGE
2.18.1 One-time trip charges of $50 (one charge per work order) are permitted when Time
and Materials work is requested at the following sites only:
2.18.1.1 MCSO Lake Aid Stations (Apache, Bartlett, Blue Point, Canyon, and
Saguaro)
2.18.1.2 County offices located in Gila Bend, AZ
2.18.1.3 County offices located in Buckeye, AZ
2.18.1.4 County offices located in Aguila, AZ
2.18.2 Only one trip charge may be charged per service call.
2.18.3 If the contractor is unable to locate a County representative familiar with
scheduled work or is unable to gain access to the work site, the contractor shall
call the County Boiler Room (602-506-3310). A boiler room technician will give
the contractors further instruction at the time work is to be performed. If the
contractor is delayed or turned away after receiving further instructions from the
boiler room technician, a $50 building access trip charge will be authorized by the
County. The contractor may only bill for a trip charge. The contractor is not
authorized to incur, nor will the County accept billing for any labor charges.
2.19
ASBESTOS AND HAZARDOUS CONDITIONS ABATEMENT
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2.19.1 Contractor shall notify the County immediately of any concerns regarding asbestos
or other hazardous conditions.
2.19.2 Any asbestos or other hazardous conditions discovered on the site that would
impact the repairs must be abated through a licensed asbestos (or other
hazardous condition) abatement contractor who must provide County with air
quality and disposal certificates. Abatement subcontracting can be coordinated
either by the contractor or the County.
2.20
CANCELLATION COST
2.20.1 Any scheduled work cancelled without a minimum of 48 hours prior notice to the
County may be rescheduled with the contractor and is subject up to a 25 percent
reduction of the cost to the County.
2.20.2 If the contractor fails to show up as scheduled without contacting the County to
reschedule the work or cancels without providing 24-hour notice, the contractor
may be subject to termination of this contract for default.
2.21
SALVAGE
Salvage and trade-in rights shall be evaluated on a project-by-project basis by the County
and shall be determined prior to incorporation in the contractor's bid price. Salvageable
materials without pre-approved contractor salvage rights shall be securely stored and are
not to be transported off the site without written permission from the County. If contractor
is given salvage rights, salvageable materials shall be removed daily. On-site storage of
contractor's salvaged materials is not permitted.
2.22
SAFETY DATA SHEETS (SDS)
Contractor shall provide FMD with SOS sheets prior to start of work for all chemicals
contractor plans to use in carrying out the specifications herein on a project-by-project
basis for the specific products used on each project.
3.0
PURCHASING REQUIREMENTS
3.1
DELIVERY REQUIREMENTS
3.1.1
Delivery shall be F.O.B. Destination Freight Prepaid.
3.1.2
Delivery is desired as soon as possible. Details shall be as stipulated on the
purchase order. It shall be the contractor's responsibility to meet the proposed
delivery requirements.
3.1.3
Contractor shall notify the County representative listed on the order if the
requested delivery date and/or the anticipated lead time cannot be met.
3.1.4
Failure to communicate to County changes in the order status may result in default
proceedings.
3.1.5
Delivery shall be made to the County no later than 3:00 p.m. MST before the fifth
calendar day after order is received unless prior arrangements have been made
and approved, in writing, by the County.
3.1.6
Exceptions to the delivery schedule will be special-order items that must be
identified by the contractor to the County and approved in writing by the County.
SERIAL 220187-S
3.1. 7
County reserves the right to obtain material on the open market in the event
vendors fail to make delivery of materials and will charge any price differential to
the vendor.
3.1.8
Delivery will be made to the following address during the receiving hours of
7:00 a.m. - 3:00 p.m. MST during normal County business days:
FACILITIES MANAGEMENT DIVISION (FMD) WAREHOUSE
2401 S. 28th Dr.
Phoenix, AZ 85009
Warehouse Manager: 602-506-2501
Warehouse Specialist: 602-506-1935
3.2
SHIPPING TERMS
3.2.1
Bid price(s) and terms shall be F.O.B. Destination Freight Prepaid, by the most
economical method, at the County's warehouse, unless a different location(s) has
been stipulated on the purchase order, or as agreed upon, in writing, between the
contractor and the County. All delivery locations are within Maricopa County.
3.2.2
Standard shipping of goods shall arrive within five business days of order
placement.
3.2.3
Shipping costs totaling less than $50 should be considered in the contractor's
mark-up as bid in response to the contract solicitation. Shipments which contain
only County goods, and which cost $50 or more may be reimbursed to the
contractor as a pass-through cost with no mark-up when provided with the invoice
back-up documentation.
3.2.4
Contractor is responsible for shipping and handling fees related to returned items
when the items have been ordered by the contractor.
3.3
EXPEDITED DELIVERY
3.3.1
If the County determines that expedited delivery or other alternate shipping is
required, it shall notify the contractor. The contractor shall determine any additional
costs associated with such delivery terms and communicate that cost, in writing,
to the County as soon as costs are known.
3.3.2
The County shall not advise the contractor to proceed with an expedited shipment
until acceptable terms are agreed upon and a purchase order is issued. Upon
agreeing to the additional costs, the County shall advise the contractor to proceed.
3.3.3
Upon receipt of material(s) and invoicing, the County shall ensure that any
additional charges are in compliance with, and do not exceed, agreed to costs.
The County shall retain all documents related to these costs within the agency
purchase file.
3.4
SHIPPING DOCUMENTS
A packing list or other suitable shipping document shall accompany each shipment and
shall include the following:
3.4.1
Contract serial number
3.4.2
Contractor's name and address
3.4.3
Department name and address
3.4.4
Department purchase order number
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3.4.5
A description of product(s) shipped, including item number(s), quantity(ies),
number of containers and package number(s), as applicable
3.5
OPERATING MANUALS
Upon delivery of services, contractor shall provide comprehensive instructional manuals,
operational manuals, service manuals, and schematic diagrams, if required by the
department.
3.6
INSTALLATION
Contractor shall be responsible to install and present for inspection all services and
equipment in a complete and ready-for-use condition with all components functioning,
cleaned, and tested. Contractor's price shall include delivery and installation of all
equipment in complete operating condition.
3.7
TESTING
Unless otherwise specified, services and related materials purchased will be inspected by
the department to ensure they meet the quality and quantity requirements of the
specifications. When applicable and deemed necessary by the County, samples of the
materials may be taken at random from stock received for submission to a commercial
laboratory or other appropriate agency for analysis and tests to determine whether the
materials conform in all respects to the specifications. In cases where commercial
laboratory reports determine that the materials do not meet the specifications, the expense
of such analysis shall be borne by the contractor.
3.8
COUNTY INSPECTION OF SERVICES
3.8.1
The contractor shall provide and maintain an inspection system that is acceptable
to the County covering the preventative maintenance services required under this
contract. Complete records of all inspection work performed by the contractor shall
be maintained and made available to County during term of the contract and as
required by the County, as per Section 4.23 - RIGHTS IN DATA.
3.8.2
County has the right to inspect and test all services called for by the contract, to
the extent practicable, at all times and places during the term of the contract.
County will perform inspections and tests in a manner that will not unduly delay the
work of the contractor.
3.8.3
If any of the services do not conform to contract requirements, County may require
the contractor to perform the services again so as to be in conformity with contract
requirements, at no additional cost to the County. When the defects in services
cannot be corrected by re-performance, County may:
3.8.3.1
Require the contractor to take necessary action to ensure that future
performance conforms to contract requirements; and
3.8.3.2
Reduce the contract price to reflect the reduced value of the services
performed.
3.8.4
If the contractor fails to promptly perform the services again or to take the
necessary action to ensure future performance in conformity with contract
requirements, County may:
SERIAL 220187-S
3.8.4.1
By contract or otherwise, perform the services and charge to the
contractor, through direct billing or through payment reduction, any cost
incurred by County that is directly related to the performance of such
service; and/or terminate the contract for default.
3.9
ACCEPTANCE
Upon completion, services shall be deemed accepted and the warranty period shall begin.
Successful service delivery shall be defined as a) material(s)/equipment is installed (as
necessary) and fully operational; and b) the department has deemed all service/work
completed, including but not limited to any inspection, repair, installation, design,
development, deployment, operation, and initial training, (as applicable). Additionally, all
documentation shall be completed prior to final acceptance.
3.10
WARRANTY
3.10.1 All services furnished under this contract shall conform to the requirements of this
contract.
3.10.2 Service and/or Repair Warranty
3.10.2.1 The warranty shall cover all parts and labor for a period of one year from
installation and formal acceptance by the County. Any manufacturer
warranty beyond one year shall be passed on to the County.
3.10.2.2 Contractor shall indicate on the price sheet the duration of the warranty
beyond one year and any applicable limitations or conditions which may
apply.
3.10.2.3 Contractor agrees that it will, at its own expense, provide all labor and
parts required to remove, repair, or replace, and reinstall any such
defective workmanship and/or materials which becomes or is found to
be defective during the term of this warranty. Contractor shall guarantee
the services to be supplied comply with all applicable regulations.
3.10.2.4 Contractor warrants that all services provided hereunder will conform to
the
requirements of the contract,
including
all
descriptions,
specifications and attachments made a part of this contract. County's
acceptance of services or goods provided by the contractor shall not
relieve the contractor from its obligations under this warranty.
3.10.2.5 In addition to its other remedies, County may, at the contractor's
expense, require prompt correction of any services failing to meet the
contractor's warranty herein. Services corrected by the Contractor shall
be subject to all the provisions of this contractin the manner and to the
same extent as services originally furnished hereunder.
3.10.3 Project and/or New Installation Warranty
Project and/or new installation warranty shall cover all parts and labor for a period
of one year from installation and formal acceptance by the County. Any
manufacturer warranty beyond one year shall be passed on to the County.
3.11
USAGE REPORT
Contractor shall furnish the County a usage report upon request delineating the acquisition
activity governed by the contract. The format of the report shall be approved by the County
and shall disclose the quantity and dollar value of each contract item by individual unit of
measure.
3.12
BACKGROUND CHECK
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Bidders/proposers need to be aware that they may be required to pass multiple background
checks (e.g., Sheriff's Office, County Attorney's Office, Courts, as well as County general
government) to determine if the respondent is acceptable to do business with the County.
This applies to, but is not limited to, the company, subcontractors, and employees. The
failure to pass these checks may deem the respondent non-responsible.
3.13
INVOICES AND PAYMENTS
3.13.1 Payment terms will be calculated based on the date a properly completed invoice
is received by the County.
3.13.2 Contractors shall provide the County with invoices no later than 14 days after
services and delivery of goods are completed and accepted by the County and
rendered final.
3.13.3 Contractor shall submit one legible copy of their detailed invoice before payment(s)
will be made. Incomplete invoices will not be processed. At a minimum, the invoice
must provide the following information:
•
Company name, address, and contact information
•
County bill-to name and contact/requestor information
•
Building name and building number
•
County purchase order number (if applicable)
•
Maximo (FMD) service call number
•
Contract serial or e-procurement platform agreement number (if applicable)
•
Work order/project number (if applicable)
•
Invoice number and date
•
Payment terms as stated in the agreement (if applicable)
•
Date of service or delivery (for project work: use "completion date")
•
Arrival and completion time (if applicable)
•
Quantity (number of days or weeks) (if applicable)
•
Contract item number(s) (if applicable)
•
Description of purchase (product or services)
•
Pricing per unit of purchase (must include vendor cost, mark-up/discount, and
extended price)
•
Line-item description of parts and materials (T&M work)
•
Line-item labor breakdown: arrival and completion time, rate per hour
multiplied by number of hours by personnel type (T&M work)
•
Extended price
•
Expedited shipping cost (pre-approved by the County)
•
Freight (if applicable)
•
Total amount due with tax amounts separated {T&M work). (On a separate
line, clearly indicate the tax rate being applied).
3.13.4 Time and material commodities must be billed as a separate line item on the
invoice.
3.13.5 Billable Parts Pricing:
3.13.5.1 All parts sold to the County MUST be itemized and priced in one of two
formats:
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3.13.5.1.1 priced separately as contractor's cost, then cost +
percentage price (i.e., $25.00 [contractor's cost] $30.00 [cost
+ percentage]); or
3.13.5.1.2 priced singularly (contractor's cost + percentage, i.e.,
$30.00), with a statement at the bottom of invoice that states
"The above parts pricing reflects XX percent over cost."
3.13.5.2 County retains the right to refuse to pay for incorrectly invoiced parts until
correct invoicing, as described in this section, is submitted by the
contractor.
3.13.6 Invoicing for project work must contain:
3.13.6.1 Contract serial number
3.13.6.2 Purchase order number (if used)
3.13.6.3 Terms as bid
3.13.6.4 Description of work performed
3.13.6.5 Location of job site and FMD site number
3.13.6.6 Project cost as quoted
3.13.6. 7 Applicable construction tax if required (65 percent of retail tax rate)
3.13.6.8 Grand total
3.13.6.9 The project quote sheet and all change orders shall be attached to the
invoice
3.13. 7 Invoicing that does not have all the required information as listed above, will be sent
back for corrections, delaying payment to the contractor.
3.13.8 Problems regarding billing or invoicing shall be directed to the department as listed
on the purchase order.
3.13.8.1 FMD questions regarding billing or invoicing should go to FMD accounts
payable (FMD-AccountsPayable@mail.maricopa.gov).
3.13.9 Payment shall only be made to the contractor by Accounts Payable through the
Maricopa County Vendor Express Payment Program. This is an Electronic Funds
Transfer (EFT) process. After contract award, the contractor shall complete the
Vendor Registration Form accessible through the County Department of Finance
Vendor
Registration
website
at
https://www.maricopa.gov/5169/Vendor
lnformation.
3.13.10 Discounts offered in the contract shall be calculated based on the date a properly
completed invoice is received by the County.
3.13.11 EFT payments to the routing and account numbers designated by the contractor
shall include the details on the specific invoices that the payment covers.
Contractor is required to discuss remittance delivery capabilities with their
designated financial institution for access to those details.
3.14
PRICES
Contractor warrants that prices extended to County under this contract are no higher than
those paid by any other customer for these or similar services.
3.15
APPLICABLE TAXES
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3.15.1 It is the responsibility of the contractor to determine any and all applicable taxes
and include those taxes in their proposal. The legal liability to remit the tax is on
the entity conducting business in Arizona. Tax is not a determining factor in
contract award.
3.15.2 The County will look at the price or offer submitted and will not deduct, add, or alter
pricing based on speculation or application of any taxes, nor will the County
provide contractor any advice or guidance regarding taxes. If you have questions
regarding your tax liability, seek advice from a tax professional prior to submitting
your bid. You may also find information at https://www.azdor.gov/Business.aspx.
Once your bid is submitted, the offer is valid for the time specified in this solicitation,
regardless of mistake or omission of tax liability. If the County finds overpayment
of a project due to tax consideration that was not due, the contractor will be liable
to the County for that amount, and by contracting with the County agrees to remit
any overpayments back to the County for miscalculations on taxes included in a
bid price.
3.15.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State,
and local taxes applicable to their operation and any persons employed by the
contractor. Contractor shall, and require all subcontractors to, hold the County
harmless from any responsibility for taxes, damages, and interest, if applicable,
contributions required under Federal and/or State and local laws and regulations,
and any other costs including transaction privilege taxes, unemployment
compensation insurance, Social Security, and Workers' Compensation. Contractor
may be required to establish, to the satisfaction of County, that any and all fees
and taxes due to a municipality or the State of Arizona for any license or transaction
privilege taxes, use taxes, or similar excise taxes are currently paid (except for
matters under legal protest).
3.16
PERFORMANCE
It shall be the contractor's responsibility to meet the proposed performance requirements.
The County reserves the right to obtain services on the open market in the event the
contractor fails to perform, and any price differential will be charged against the contractor.
3.17
POST AWARD MEETING
Contractor may be required to attend a post-award meeting with the department to discuss
the terms and conditions of this contract. This meeting will be coordinated by the procurement
officer of the contract.
3.18
STRATEGIC ALLIANCE for VOLUME EXPENDITURES (SAVE)
The County is a member of the SAVE cooperative purchasing group. SAVE includes the
State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified
school districts. Under the SAVE Cooperative Purchasing Agreement, and with the
concurrence of the successful respondent under this solicitation, a member of SAVE may
access a contract resulting from a solicitation issued by the County. If you do not want to
grant such access to a member of SAVE, state so in your bid. In the absence of a statement
to the contrary, the County will assume that you do wish to grant access to any contract
that may result from this bid. The County assumes no responsibility for any purchases by
using entities.
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3.19
INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPAs)
County currently holds ICPAs with numerous governmental entities. These agreements
allow those entities, with the approval of the contractor, to purchase their requirements
under the terms and conditions of the County contract. It is the responsibility of the non
County government entity to perform its own due diligence on the acceptability of the
contract under its applicable procurement rules, processes, and procedures. Certain
governmental agencies may not require an ICPA and may utilize this contract if it meets
their individual requirements. Other governmental agencies may enter into a separate
Statement of Work with the contractor to meet their own requirements. The County is not
a party to any uses of this contract by other governmental entities.
4.0
CONTRACTUAL TERMS & CONDITIONS
4.1
CONTRACT TERM
This Invitation for Bids is for awarding a firm, fixed price purchasing contract to cover a
term of one year.
4.2
OPTION TO RENEW
The County may, at its option and with the concurrence of the contractor, renew the term
of this contract up to a maximum of five additional years, (or at the County's sole discretion,
extend the contract on a month-to-month basis for a maximum of six months after
expiration). Contractor shall be notified in writing by the Office of Procurement Services of
the County's intention to renew the contract term at least 60 calendar days prior to the
expiration of the original contract term.
4.3
CONTRACT COMPLETION
In preparation for contract completion, the contractor shall make all reasonable efforts for
an orderly transition of its duties and responsibilities to another provider and/or to the
County. This may include, but is not limited to, preparation of a transition plan and
cooperation with the County or other providers in the transition. The transition includes the
transfer of all records and other data in the possession, custody, or control of the contractor
that are required to be provided to the County either by the terms of this agreement or as
a matter of law. The provisions of this clause shall survive the expiration or termination of
this agreement.
4.4
PRICE ADJUSTMENTS
4.4.1
All prices shall be held firm for the initial term of the contract unless otherwise
authorized in writing by the Office of Procurement Services.
4.4.2
Any requests for reasonable price adjustments must be submitted 60 calendar
days prior to the contract expiration. Requests for adjustment in cost of labor
and/or materials must be supported by appropriate documentation. The
reasonableness of the request will be determined by comparing the request with
the Consumer Price Index or by performing a market survey. If County agrees to
the adjusted price terms, County will issue written approval of the change and
provide an updated version of the contract. The new change shall not be in effect
until the date stipulated on the updated version of the contract.
4.5
INDEMNIFICATION
4.5.1
To the fullest extent permitted by law, and to the extent that claims, damages,
losses, or expenses are not covered and paid by insurance purchased by the
contractor, the contractor shall defend, indemnify, and hold harmless the County
(as Owner), its agents, representatives, officers, directors, officials, and employees
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from and against all claims, damages, losses, and expenses (including, but not
limited to attorneys' fees, court costs, expert witness fees, and the costs and
attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted
from, the negligent acts, errors, omissions, or mistakes of the contractor, its
agents, representatives, employees, or subcontractors relating to the performance
of this contract.
4.5.2
Contractor's duty to defend, indemnify, and hold harmless the County, its agents,
representatives, officers, directors, officials, and employees shall arise in
connection with any claim, damage, loss, or expense that is attributable to bodily
injury, sickness, disease, death, or injury to, impairment of, or destruction of
tangible property, including loss of use resulting therefrom, caused by negligent
acts, errors, omissions, or mistakes in the performance of this contract, but only to
the extent caused by the negligent acts or omissions of the contractor, a
subcontractor, anyone directly or indirectly employed by them, or anyone for
whose acts they may be liable, regardless of whether or not such claim, damage,
loss, or expense is caused in part by a party indemnified hereunder.
4.5.3
The amount and type of insurance coverage requirements set forth herein will in
no way be construed as limiting the scope of the indemnity in this section.
4.5.4
The scope of this indemnification does not extend to the sole negligence of County.
4.6
INSURANCE
4.6.1
Contractor, at contractor's own expense, shall purchase and maintain, at a
minimum, the herein stipulated insurance from a company or companies duly
licensed by the State of Arizona and possessing an AM Best, Inc. category rating
of B++. In lieu of State of Arizona licensing, the stipulated insurance may be
purchased from a company or companies, which are authorized to do business in
the State of Arizona, provided that said insurance companies meet the approval of
County. The form of any insurance policies and forms must be acceptable to
County.
4.6.2
All insurance required herein shall be maintained in full force and effect until all
work or service required to be performed under the terms of the contract is
satisfactorily completed and formally accepted. Failure to do so may, at the sole
discretion of County, constitute a material breach of this contract.
4.6.3
In the event that the insurance required is written on a claims-made basis,
contractor warrants that any retroactive date under the policy shall precede the
effective date of this contract and either continuous coverage will be maintained,
or an extended discovery period will be exercised for a period of two years
beginning at the time work under this contract is completed.
4.6.4
Contractor's insurance will be primary insurance as respects County, and any
insurance or self-insurance maintained by County will not contribute to it.
4.6.5
Any failure to comply with the claim reporting provisions of the insurance policies
or any breach of an insurance policy warranty shall not affect the County's right to
coverage afforded under the insurance policies.
4.6.6
The insurance policies may provide coverage that contains deductibles or self
insured retentions. Such deductible and/or self-insured retentions shall not be
applicable with respect to the coverage provided to County under such policies.
Contractor shall be solely responsible for the deductible and/or self-insured
retention and County, at its option, may require contractor to secure payment of
such deductibles or self-insured retentions by a surety bond or an irrevocable and
unconditional letter of credit.
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4.6.7
The insurance policies required by this contract, except Workers' Compensation
and Errors and Omissions, shall name County, its agents, representatives, officers,
directors, officials, and employees as additional insureds.
4.6.8
The policies required hereunder, except Workers' Compensation and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation)
against County, its agents, representatives, officers, directors, officials, and
employees for any claims arising out of contractor's work or service.
4.6.9
If available, the insurance policies required by this contract may be combined with
Commercial Umbrella Insurance policies to meet the minimum limit requirements.
If a Commercial Umbrella insurance policy is utilized to meet insurance
requirements, the Certificate of Insurance shall indicate which lines the
Commercial Umbrella Insurance covers.
4.6.9.1
Commercial General Liability
Commercial General Liability (CGL) insurance with a limit of not less
than $2,000,000 for each occurrence, $4,000,000 Products/Completed
Operations Aggregate, and $4,000,000 General Aggregate Limit. The
policy shall include coverage for premises liability, bodily injury, broad
form property damage, personal injury, products and completed
operations and blanket contractual coverage, and shall not contain any
provisions which would serve to limit third-party action over claims.
There shall be no endorsement or modifications of the CGL limiting the
scope of coverage for liability arising from explosion, collapse, or
underground property damage.
4.6.9.2
Automobile Liability
Commercial/Business Automobile Liability insurance with a combined
single limit for bodily injury and property damage of not less than
$2,000,000 each occurrence with respect to any of the contractor's
owned, hired, and non-owned vehicles assigned to or used in
performance of the contractor's work or services or use or maintenance
of the premises under this contract.
4.6.9.3
Workers' Compensation
4.6.9.3.1
Workers' Compensation insurance to cover obligations
imposed by Federal and State statutes having jurisdiction of
contractor's employees engaged in the performance of the
work or services under this contract; and Employer's
Liability insurance of not less than $1,000,000 for each
accident, $1,000,000 disease for each employee, and
$1,000,000 disease policy limit.
4.6.9.3.2
Contractor, its subcontractors, and sub-subcontractors
waive all rights against this contract and its agents, officers,
directors, and employees for recovery of damages to the
extent these damages are covered by the Workers'
Compensation and Employer's Liability, or Commercial
Umbrella Liability insurance obtained by contractor, its
subcontractors, and its sub-subcontractors pursuant to this
contract.
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4.6.9.3.3
Contractor shall maintain Commercial Crime Liability
Insurance with a limit of not less than $1,000,000 for each
occurrence. The policy shall include, but not be limited to,
coverage for employee dishonesty, fraud, theft, or
embezzlement..
4.6.9.4
Certificates of Insurance
4.6.9.4.1
Prior to contract award, contractor shall furnish the County
with valid and complete certificates of insurance, or formal
endorsements as required by the contract in the form
provided by the County, issued by contractor's insurer(s),
as evidence that policies providing the required coverage,
conditions, and limits required by this contract are in full
force and effect. Such certificates shall identify this contract
number and title.
4.6.9.4.2
In the event any insurance policy(ies) required by this
contract is (are) written on a claims-made basis, coverage
shall extend for two years past completion and acceptance
of contractor's work or services and as evidenced by annual
Certificates of Insurance.
4.6.9.4.3
If a policy does expire during the life of the contract, a
renewal certificate must be sent to County 15 calendar days
prior to the expiration date.
4.6.9.4.4
Certificates of Insurance shall identify Maricopa County as
the certificate holder as follows:
Maricopa County
c/o Risk Management
301 W Jefferson St, Suite 910
Phoenix, AZ. 85003
4.6.9.5
Cancellation and Expiration Notice
Applicable to all insurance policies required within the insurance
requirements of this contract, contractor's insurance shall not be
permitted to expire, be suspended, be canceled, or be materially
changed for any reason without 30 calendar days prior written notice to
Maricopa County. Contractor must provide notice to Maricopa County,
within two business days of receipt, if they receive notice of a policy that
has been or will be suspended, canceled, materially changed for any
reason, has expired, or will be expiring. Such notice shall be sent directly
to Maricopa County Office of Procurement Services and shall be mailed,
or hand delivered to 160 South 4th Avenue, Phoenix, AZ 85003, or
emailed to the procurement officer noted in the solicitation.
4.7
FORCE MAJEURE
4.7.1
Neither party shall be liable for failure of performance, nor incur any liability to the
other party on account of any loss or damage resulting from any delay or failure to
perform all or any part of this contract, if such delay or failure is caused by events,
occurrences, or causes beyond the reasonable control and without negligence of
the parties. Such events, occurrences, or causes include, but are not limited to
acts of God/nature (including fire, flood, earthquake, storm, hurricane, or other
natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is
declared or not), civil war, riots, rebellion, revolution, insurrection, military or
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usurped power or confiscation, terrorist activities, nationalization, government
sanction, lockout, blockage, embargo, labor dispute, strike, and interruption or
failure of electricity or telecommunication service, and pandemic.
4.7.2
Each as applicable, shall give the other party notice of its inability to perform and
particulars in reasonable detail of the cause of the inability. Each party must use
best efforts to remedy the situation and remove, as soon as practicable, the cause
of its inability to perform or comply.
4. 7.3
The party asserting Force Majeure as a cause for non-performance shall have the
burden of proving that reasonable steps were taken to minimize delay or damages
caused by foreseeable events, that all non-excused obligations were substantially
fulfilled, and that the other party was timely notified of the likelihood or actual
occurrence which would justify such an assertion, so that other prudent
precautions could be contemplated.
4.8
ORDERING AUTHORITY
Any request for purchase shall be accompanied by a valid purchase order issued by a
County department or directed by a Certified Agency Procurement Aid (CAPA) with a
purchase card for payment.
4.9
AVAILABILITY OF FUNDS
4.9.1
The provisions of this contract relating to payment shall become effective when
funds assigned for the purpose of compensating the contractor as herein provided
are actually available to County for disbursement. The County will be the sole
judge and authority in determining the availability of funds under this contract.
County will keep the contractor fully informed as to the availability of funds.
4.9.2
If any action is taken by any state agency, Federal department, or any other agency
or instrumentality to suspend, decrease, or terminate its fiscal obligations under,
or in connection with, this contract, County may amend, suspend, decrease, or
terminate its obligations under, or in connection with, this contract. In the event of
termination, County will be liable for payment only for services rendered prior to
the effective date of the termination, provided that such services are performed in
accordance with the provisions of this contract. County will give written notice of
the effective date of any suspension, amendment, or termination under this
section, at least 10 days in advance.
4.10
PROCUREMENT CARD ORDERING CAPABILITY
County may opt to use a procurement card (VISA or Mastercard) to make payment for
orders under this contract.
4.11
INTERNET ORDERING CAPABILITY
Maricopa County may use the Internet to communicate and to place orders under this
contract. If Internet is required, contractor will be notified of such by FMD (or using
department).
4.12
NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION
This contract does not guarantee any minimum or maximum purchases will be made.
Orders will only be placed under this contract when the County identifies a need and proper
authorization and documentation have been approved.
4.13
CANCELLATION OF PURCHASE ORDERS
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4.13.1 County reserves the right to cancel purchase orders within a reasonable period of
time after issuance. Should a purchase order be canceled, the County agrees to
reimburse the contractor for actual and documentable costs incurred by the
contractor in response to the purchase order. The County will not reimburse the
contractor for any costs incurred after receipt of County notice of cancellation, or
for lost profits, or for shipment of product prior to issuance of purchase order.
4.13.2 Contractor agrees to accept verbal notification of cancellation of purchase orders
from the County with written notification to follow. Contractor specifically
acknowledges to be bound by this cancellation policy.
4.14
SUSPENSION OF WORK
The procurement officer may order the contractor, in writing, to suspend, delay, or interrupt
all or any part of the work of this contract for the period of time that the procurement officer
determines appropriate for the convenience of the County. No adjustment shall be made
under this clause for any suspension, delay, or interruption to the extent that performance
would have been so suspended, delayed, or interrupted by any other cause, including the
fault or negligence of the contractor. No request for adjustment under this clause shall be
granted unless the claim, in an amount stated, is asserted in writing as soon as practicable
after the termination of the suspension, delay, or interruption, but not later than the date of
final payment under the contract.
4.15
STOP WORK ORDER
4.15.1 The procurement officer may, at any time, by written order to the contractor, require
the contractor to stop all, or any part, of the work called for by this contract for a
period of 90 calendar days after the order is delivered to the contractor, and for
any further period to which the parties may agree. The order shall be specifically
identified as a stop work order issued under this clause. Upon receipt of the order,
the contractor shall immediately comply with its terms and take all reasonable
steps to minimize the incurrence of costs allocable to the work covered by the order
during the period of work stoppage. Within a period of 90 calendar days after a
stop work order is delivered to the contractor, or within any extension of that period
to which the parties shall have agreed, the procurement officer shall either:
4.15.1.1 cancel the stop work order; or
4.15.1.2 terminate the work covered by the order as provided in the Termination
for Default or the Termination for Convenience clause of this contract.
4.15.2 The procurement officer may make an equitable adjustment in the delivery
schedule and/or contract price, and the contract shall be modified, in writing,
accordingly, if the contractor demonstrates that the stop work order resulted in an
increase in costs to the contractor.
4.16
TERMINATION FOR CONVENIENCE
Maricopa County may terminate the resultant contract for convenience by providing 60
calendar days advance notice to the contractor.
4.17
TERMINATION FOR DEFAULT
4.17.1 The County may, by written Notice of Default to the contractor, terminate this
contract in whole or in part if the contractor fails to:
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4.17 .1.1 deliver the supplies or to perform the services within the time specified
in this contract or any extension;
4.17.1.2 make progress, so as to endanger performance of this contract; or
4.17 .1.3 perform any of the other provisions of this contract.
4.17.2 The County's right to terminate this contract under these subparagraphs may be
exercised if the contractor does not cure such failure within 10 business days (or
more if authorized in writing by the County) after receipt of a Notice to Cure from
the procurement officer specifying the failure.
4.18
STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Notice is given that, pursuant to Arizona Revised Statute (A.R.S.) § 38-511, the County
may cancel any contract without penalty or further obligation within three years after
execution of the contract, if any person significantly involved in initiating, negotiating,
securing, drafting, or creating the contract on behalf of the County is at any time, while the
contract or any extension of the contract is in effect, an employee or agent of any other
party to the contract in any capacity or consultant to any other party of the contract with
respect to the subject matter of the contract. Additionally, pursuant to A.R.S. § 38-511, the
County may recoup any fee or commission paid or due to any person significantly involved
in initiating, negotiating, securing, drafting, or creating the contract on behalf of the County
from any other party to the contract arising as the result of the contract.
4.19
OFFSET FOR DAMAGES
In addition to all other remedies at Law or Equity, the County may offset from any money
due to the contractor any amounts contractor owes to the County for damages resulting
from breach or deficiencies in performance of the contract.
4.20
SUBCONTRACTING
4.20.1 Contractor may not assign to another contractor or subcontract to another party
for performance of the terms and conditions hereof without the written consent of
the County. All correspondence authorizing subcontracting must reference the bid
serial number and identify the job or project.
4.20.2 The subcontractor's rate for the job shall not exceed that of the prime contractor's
rate, as bid in the pricing section, unless the prime contractor is willing to absorb
any higher rates. The subcontractor's invoice shall be invoiced directly to the prime
contractor, who in turn shall pass-through the costs to the County, without mark
up. A copy of the subcontractor's invoice must accompany the prime contractor's
invoice.
4.21
AMENDMENTS
All amendments to this contract shall be in writing and approved/signed by both parties.
Maricopa County Office of Procurement Services shall be responsible for approving all
amendments for Maricopa County.
4.22
ADDITIONS/DELETIONS OF SERVICES
4.22.1 The County reserves the right to add and/or delete services to a contract. If
additional services are required from a contract, prices for such additions will be
negotiated between the contractor and the County.
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4.22.2 If a service requirement is deleted, payment to the contractor will be reduced
proportionately to the amount of service reduced in accordance with the bid price.
If additional materials or services are required from a contract, prices for such
additions will be negotiated between the contractor and the County.
4.23
RIGHTS IN DAT A
4.23.1 The County shall have the use of data and reports resulting from a contract without
additional cost or other restriction except as may be established by law or
applicable regulation. Each party shall supply to the other party, upon request, any
available information that is relevant to a contract and to the performance
thereunder.
4.23.2 Data, records, reports, and all other information generated for the County by a third
party as the result of a contract are the property of the County and shall be provided
in a format designated by the County or shall be and remain accessible to the
County into perpetuity.
4.24
ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW
4.24.1 In accordance with section MC1-373 of the Maricopa County Procurement Code,
the contractor agrees to retain (physical or digital copies of) all books, records,
accounts, statements, reports, files, and other records and back-up documentation
relevant to this contract for six years after final payment or until after the resolution
of any audit questions which could be more than six years, whichever is latest. The
County, Federal or State auditors and any other persons duly authorized by the
department shall have full access to and the right to examine, copy, and make use
of, any and all said materials.
4.24.2 If the contractor's books, records, accounts, statements, reports, files, and other
records and back-up documentation relevant to this contract are not sufficient to
support and document that requested services were provided, the contractor shall
reimburse Maricopa County for the services not so adequately supported and
documented.
4.25
AUDIT DISALLOWANCES
If at any time it is determined by the County that a cost for which payment has been made
is a disallowed cost, the County shall notify the contractor in writing of the disallowance.
The course of action to address the disallowance shall be at sole discretion of the County,
and may include either an adjustment to future invoices, request for credit, request for a
check, or a deduction from current invoices submitted by the contractor equal to the amount
of the disallowance, or to require reimbursement forthwith of the disallowed amount by the
contractor by issuing a check payable to Maricopa County.
4.26
STRICT COMPLIANCE
Acceptance by County of a performance that is not in strict compliance with the terms of
the contract shall not be deemed to be a waiver of strict compliance with respect to all other
terms of the contract.
4.27
VALIDITY
The invalidity, in whole or in part, of any provision of this contract shall not void or affect
the validity of any other provision of the contract.
4.28
SEVERABILITY
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The removal, in whole or in part, of any provision of this contract shall not void or affect the
validity of any other provision of this contract.
4.29
RELATIONSHIPS
4.29.1 In the performance of the services described herein, the contractor shall act solely
as an independent contractor, and nothing herein or implied herein shall at any
time be construed as to create the relationship of employer and employee, co
employee, partnership, principal and agent, or joint venture between the County
and the contractor.
4.29.2 The County reserves the right of final approval on proposed staff. Also, upon
request by the County, the contractor will be required to remove any employees
working on County projects and substitute personnel based on the discretion of
the County within two business days, unless previously approved by the County.
4.30
NON-DISCRIMINATION
Contractor agrees to comply with all provisions and requirements of Arizona Executive
Order 2009-09, including flow down of all provisions and requirements to any
subcontractors. Executive Order 2009-09 supersedes Executive Order 99-4 and amends
Executive Order 75-5 and is hereby incorporated into this contract as if set forth in full
herein. During the performance of this contract, contractor shall not discriminate against
any employee, client, or any other individual in any way because of that person's age, race,
creed, color, religion, sex, disability, or national origin. (Arizona Executive Order 2009-09
can be viewed at https://apps.azsos.gov/public services/reqister/2009/46/governor.pdf).
4.31
WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01
If vendor engages in for-profit activity and has 10 or more employees, and if this agreement
has a value of $100,000 or more, vendor certifies it is not currently engaged in, and agrees
for the duration of this agreement to not engage in, a boycott of goods or services from
Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a
regulation issued pursuant to 50 U.S.C. § 4842.
4.32
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
4.32.1 The undersigned (authorized official signing on behalf of the contractor) certifies
to the best of his or her knowledge and belief that the contractor, its current officers,
and directors:
4.32.1.1 are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from being awarded any
contract or grant by any United States department or agency or any
state, or local jurisdiction;
4.32.1.2 have not within a three-year period preceding this contract:
4.32.1.2.1 been convicted of fraud or any criminal offense in
connection with obtaining, attempting to obtain, or as the
result of performing a government entity (Federal, State, or
local) transaction or contract;
4.32.1.2.2
been convicted of violation of any Federal or State antitrust
statutes or conviction for embezzlement, theft, forgery,
bribery, falsification, or destruction of records, making false
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statements, or receiving stolen property regarding a
government entity transaction or contract;
4.32.1.3 are not presently indicted or criminally charged by a government entity
(Federal, State, or local) with commission of any criminal offenses in
connection with obtaining, attempting to obtain, or as the result of
performing a government entity public (Federal, State, or local)
transaction or contract;
4.32.1.4 are not presently facing any civil charges from any governmental entity
regarding obtaining, attempting to obtain, or from performing any
governmental entity contract or other transaction; and
4.32.1.5 have not within a three-year period preceding this contract had any
public transaction (Federal, State, or local) terminated for cause or
default.
4.32.2 If any of the above circumstances described in the paragraph are applicable to the
entity submitting a bid for this requirement, include with your bid an explanation of
the matter including any final resolution.
4.32.3 Contractor shall include, without modification, this clause in all lower tier covered
transactions (i.e., transactions with subcontractors) and in all solicitations for lower
tier covered transactions related to this contract. If this clause is applicable to a
subcontractor, the contractor shall include the information required by this clause
with their bid.
4.33
VERIFICATION REGARDING COMPLIANCE WITH A.RS. § 41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS
4.33.1 By entering into the contract, the contractor warrants compliance with the
Immigration and Nationality Act (INA using E-Verify) and all other Federal
immigration laws and regulations related to the immigration status of its employees
and A.RS. § 23-214(A). Contractor shall obtain statements from its subcontractors
certifying compliance and shall furnish the statements to the procurement officer
upon request. These warranties shall remain in effect through the term of the
contract. Contractor and its subcontractors shall also maintain Employment Eligibility
Verification forms (1-9) as required by the Immigration Reform and Control Act of
1986, as amended from time to time, for all employees performing work under the
contract and verify employee compliance using the E-Verify system and shall keep
a record of the verification for the duration of the employee's employment or at least
three years, whichever is longer. 1-9 forms are available for download at
www.uscis.gov.
4.33.2 The County retains the legal right to inspect documents of contractor and
subcontractor employees performing work under this contract to verify compliance
with paragraph 4.33.1 of this section. Contractor and subcontractor shall be given
reasonable notice of the County's intent to inspect and shall make the documents
available at the time and date specified. Should the County suspect or find that the
contractor or any of its subcontractors are not in compliance, the County will consider
this a material breach of the contract and may pursue any and all remedies allowed
by law, including, but not limited to suspension of work, termination of the contract
for default, and suspension and/or debarment of the contractor. All costs necessary
to verify compliance are the responsibility of the contractor.
4.34
CONTRACTOR LICENSE REQUIREMENT
SERIAL 220187-S
4.34.1 Contractor shall procure all permits, insurance, and licenses, and pay the charges
and fees necessary and incidental to the lawful conduct of his/her business, and
as necessary complete any requirements, by any and all governmental or non
governmental entities as mandated to maintain compliance with and remain in
good standing. Contractor shall keep fully informed of existing and future trade or
industry requirements, and Federal, State, and local laws, ordinances, and
regulations which in any manner affect the fulfillment of a contract and shall comply
with the same. Contractor shall immediately notify both Office of Procurement
Services and the department of any and all changes concerning permits,
insurance, or licenses.
4.34.2 Contractor furnishing finished products, materials, or articles of merchandise that
will require installation or attachment as part of the contract shall possess any
licenses required. Contractor is not relieved of its obligation to obtain and possess
the required licenses by subcontracting of the labor portion of the contract.
Contractors are advised to contact the Arizona Registrar of Contractors, Chief of
Licensing, to ascertain licensing requirements for a particular contract. Contractor
shall identify which license(s), if any, the Registrar of Contractors requires for
performance of the contract.
4.35
INFLUENCE
4.35.1 As prescribed in MC 1-1203 of the Maricopa County Procurement Code, any effort
to influence an employee or agent to breach the Maricopa County Ethical Code of
Conduct or any ethical conduct, may be grounds for disbarment or suspension
under MC1-902.
4.35.1.1 An attempt to influence includes but is not limited to a person offering or
providing a gratuity, gift, tip, present, donation, money, entertainment or
educational passes or tickets, or any type of valuable contribution or
subsidy that is offered or given with the intent to influence a decision,
obtain a contract, garner favorable treatment, or gain favorable
consideration of any kind.
4.35.2 If a person attempts to influence any employee or agent of Maricopa County, the
chief procurement officer, or his designee, reserves the right to seek any remedy
provided by the Maricopa County Procurement Code, any remedy in equity or in
the law, or any remedy provided by this contract.
4.35.3 ABSOLUTELY NO CONTACT BETWEEN THE RESPONDENT AND ANY
COUNTY PERSONNEL, OTHER THAN THE OFFICE OF PROCUREMENT
SERVICES, IS ALLOWED DURING THE SOLICITATION PROCESS UNLESS
THE COMMUNICATION IS IN REGARD TO PRE-EXISTING BUSINESS WITH
THE COUNTY. ANY COMMUNICATIONS REGARDING THE SOLICITATION,
ITS PARTICIPANTS, OR ANY DOCUMENTATION PRIOR TO THE CONTRACT
AWARD MAY BE GROUNDS FOR DISMISSAL OF THE RESPONDENT FROM
THE EVALUATION PROCESS.
4.36
CONFIDENTIALITY
In the course of the solicitation process, the County may disclose information that is
proprietary or confidential. By submitting a bid to the solicitation, the offerer agrees that,
except as necessary to prepare a response to this solicitation, neither it nor its agents or
employees will communicate, divulge, or disseminate to any third-party persons or entities,
any information that is disclosed to it by the County during the course of these discussions
without the express written authorization of the County. If the offerer does disclose County
SERIAL 220187-5
proprietary or confidential information to a third-party in preparing a response to this
solicitation, it shall require the third-party to acknowledge and comply with this provision.
4.37
CONFIDENTIAL INFORMATION
4.37.1 Any information obtained in the course of performing this contract may include
information that is proprietary or confidential to the County. This provision
establishes the contractor's obligation regarding such information.
4.37.2 Contractor shall establish and maintain procedures and controls that are adequate
to assure that no information contained in its records and/or obtained from the
County or from others in carrying out its functions (services) under the contract
shall be used by or disclosed by it, its agents, officers, or employees, except as
required to efficiently perform duties under the contract. Contractor's procedures
and controls, at a minimum, must be the same procedures and controls it uses to
protect its own proprietary or confidential information. If, at any time during the
duration of the contract, the County determines that the procedures and controls
in place are not adequate, the contractor shall institute any new and/or additional
measures requested by the County within 15 business days of the written request
to do so.
4.37.3 Any requests to the contractor for County proprietary or confidential information
shall be referred to the County for review and approval, prior to any dissemination.
4.38
PUBLIC RECORDS
Under Arizona law, all offers submitted and opened are public records and must be
retained by the records manager at the Maricopa County Office of Procurement Services.
Offers shall be open to public inspection and copying after contract award and execution,
except for such offers or sections thereof determined to contain proprietary or confidential
information by the Office of Procurement Services. If an offerer believes that information in
its offer or any resulting contract should not be released in response to a public record
request, under Arizona law, the offerer shall indicate the specific information deemed
confidential or proprietary and submit a statement with its offer detailing the reasons that
the information should not be disclosed. Such reasons shall include the specific harm or
prejudice which may arise from disclosure. The records manager of the Office of
Procurement Services shall determine whether the identified information is confidential
pursuant to the Maricopa County Procurement Code.
4.39
INTEGRATION
This contract represents the entire and integrated agreement between the parties and
supersedes
all prior negotiations,
proposals,
communications,
understandings,
representations, or agreements, whether oral or written, expressed, or implied.
4.40
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this contract, the contractor agrees to comply with all applicable provisions
of
Title 2,
Subtitle
A,
Chapter
II,
Part
200-UNIFORM
ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS contained in Title 2 C.F.R. § 200 et seq.
4.41
GOVERNING LAW
This contract shall be governed by the laws of the State of Arizona. Venue for any actions
or lawsuits involving this contract will be in Maricopa County Superior Court, Phoenix,
Arizona.
4.42
ORDER OF PRECEDENCE
SERIAL 220187-5
In the event of a conflict in the provisions of this contract and contractor's license
agreement, if applicable, the terms of this contract shall prevail.
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
ABM ELECTRICAL POWER SERVICES, LLC
EXHIBIT C
METHOD AND AMOUNT OF COMPENSATION
The method and amount of compensation is outlined in the Maricopa County High Volt.age
Electrical Services contract Serial No. 220187-S.
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 1,250,000 for the entire term of the Agreement.
DETAILED PROJECT COMPENSATION
Compensation is outlined in the Maricopa County High Voltage Electrical Services contract, Serial
No. 220187.
4/29/2021
SERIAL 220187-5
ABM ELECTRICAL POWER SERVICES LLC, 14141 SW FREEWAY SUITE 400, SUGAR LAND TX
77478
COMPANY NAME:
ABM Electrical Power Services, LLC
DOING BUSINESS AS (dba):
MAILING ADDRESS:
2631 S Roosevelt Street, Temoe, AZ. 85282
REMIT TO ADDRESS:
PO Box 419860, Boston, MA 02241-9860
TELEPHONE NUMBER:
602-387-9460
FAX NUMBER:
WWW ADDRESS:
www.abm.com
REPRESENTATIVE NAME:
Jason Black
REPRESENTATIVE TELEPHONE NUMBER:
602-300-2188
REPRESENTATIVE EMAIL ADDRESS
iason.black(Q)abm.com
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE
w
FROM THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
17
r
NET 30 DAYS
(Testing Services 1st Call)
Title
Business
After Hours
Weekends/
Description
Hours
Holidays
Regular Service:
General Foreman
$175.00
$262.50
$350.00
Foreman
$165.00
$247.50
$330.00
Journeyman Electrician
$155.00
$232.50
$310.00
Testing Technician
$155.00
$232.50
$310.00
Testing Assistant
$145.00
$217.50
$290.00
Lineman
$135.00
$202.50
$270.00
Testing Services:
Cost per Test
Plus Material
Oil analysis/testing
$387.50
$581.25
$775.00
Markup % & Cost
of Oil Sample
(Test Tech Rate)
Cost per hour
Quarterly
1st hr
lncreaments
Perform double test
$165.00
$41.25
Perform Turn To Ratio test (TTR)
$165.00
$41.25
Perform Hipot testing
$165.00
$41.25
Perform Mega-ohm testing
$165.00
$41.25
Relay and Circuit Breaker testing
$165.00
$41.25
Switchgear repair/replacement/testing
$165.00
$41.25
Pole testing
$165.00
$41.25
SERIAL 220187-5
ABM ELECTRICAL POWER SERVICES LLC
Other Services
Technical Training
$145.00
$217.50
$290.00
Labor for Services Outside the Scope of
$145.00
$217.50
$290.00
Contract
Owned Equipment List Owned
Hourly Rate
Daily Rate
Equipment List Hourly and Daily Rate
Backhoe
Siccor Lift
Parts/Material (Choose One)
Materials, parts, components etc.
PRICING SHEET: NIGP CODE 91082
Terms:
Vendor Number:
Certificates of Insurance
Contract Period:
NET 30 DAYS
VC0000001951
Required
Cost plus%
List Minus%
25%
To cover the period ending May 31, 2023.