Arizona Pump Resources LLC - Linking Agreement Vendor Signed
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1
01/28/2025
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
ARIZONA PUMP RESOURCES LLC
This Linking Agreement (“Agreement”) is entered into as of this day of , 2025, between the
City of Glendale, an Arizona municipal corporation (“City”), and Arizona Pump Resources LLC, an Arizona
limited liability company, authorized to do business in Arizona (“Contractor”), collectively, the “Parties.”
RECITALS
A.
On October 1, 2024, the City of Phoenix, a member of the S.A.V.E Cooperative Purchasing
Agreement, entered into a contract with Contractor to purchase the goods and services described
in Pumps, New, Repair, Parts, and Accessories Contract No. 161750--0 (“Cooperative Agreement”),
which is attached hereto as Exhibit A. The Cooperative Agreement allows its cooperative use by
other governmental agencies, including the City.
B.
Section 2-149 of the City’s Procurement Code permits the Finance Director 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 Finance Director 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 wishes to contract with Contractor for supplies or services identical to those being provided
to other units of government under the Cooperative Agreement. Contractor consents to the City’s
cooperative use of the terms and conditions of the Cooperative Agreement, and agrees to provide
the supplies and services set forth in the Statement of Work appended hereto as Exhibit B.
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.
A.
As provided in the Cooperative Agreement, purchases can be made by governmental entities
from the date of award, which was October 1, 2024, until the date the contract terminates
on October 1, 2029, unless the term is extended by mutual agreement of the parties to the
Cooperative Agreement. The Cooperative Agreement, however, may not be extended
beyond October 1, 2029. The initial period of this Agreement is the period from the
Effective Date of this Agreement until October 1, 2029.
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.
2
01/28/2025
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 six hundred fifty thousand dollars ($650,000) for the entire term of the
Agreement (initial term plus any extensions).
4.
Cancellation. This Agreement may be cancelled 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.
Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and
during the term of this Agreement, will not use:
a.
the forced labor of ethnic Uyghurs in the People’s Republic of China;
b.
any goods or services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China; and
c.
any contractors, subcontractors or suppliers that use the forced labor or any goods
or services produced by the forced labor of ethnic Uyghurs in the People’s Republic
of China.
10.
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.
11.
Notices. Any notices that must be provided under this Agreement shall be sent to the Parties’
respective authorized representatives at the address listed below:
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
ARIZONA PUMP RESOURCES LLC
EXHIBIT A
PUMPS, NEW, REPAIR, PARTS, AND ACCESSORIES, CITY OF PHOENIX CONTRACT
NO. 161750--0
INVITATION FOR BID
IFB 2425-WWT-647 (SD)
PUMPS, NEW, REPAIR, PARTS, AND ACCESSORIES
City of Phoenix
Water Services
200 W. Washington Street
undefined
Phoenix, AZ
85003
RELEASE DATE: June 26, 2024
DEADLINE FOR QUESTIONS: July 16, 2024
RESPONSE DEADLINE: July 23, 2024, 2:00 pm
City of Phoenix
INVITATION FOR BID
IFB 2425-WWT-647 (SD)
Pumps, New, Repair, Parts, and Accessories
1.
Introduction ............................................................................................................................ 3
2.
Instructions ............................................................................................................................ 5
3.
Scope of Work ..................................................................................................................... 13
4.
Standard Terms and Conditions .......................................................................................... 17
5.
Special Terms and Conditions ............................................................................................. 30
6.
Defense and Indemnification ............................................................................................... 49
7.
Insurance Requirements ...................................................................................................... 50
8.
Submittals ............................................................................................................................ 52
Offer
Conflict Of Interest And Transparency
Costs And Payments
Emergency 24-Hour Service Contact
Contractor Licensing Requirements
Contractor Information
Place Of Business
Acceptance Form
Attachments:
Attachment A Fee Schedule
Attachment B References
Exhibits:
Exhibit A - SUPPLEMENTAL TERMS AND CONDITIONS TO ALL AIRPORT AGREEMENTS
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
3
1.
Introduction
1.1. Summary
This contract is for the purchase of new pumps and pump parts. This contract is also for repair and
maintenance of the pumps which includes installation, repair, diagnostics and assessment, tear down
and inspection (TDI), troubleshooting, required maintenance, retrofits, warranty work, and emergency
repairs.
1.2. Background
The City uses a variety of pumps across several departments and throughout various divisions.
Currently the Water Services, Aviation, Public Works, Parks and Recreation, and Convention
Center Departments require pumps, pump parts and various related services.
1.3. Contact Information
Steve De La Huerta
Contract Specialist II
200 W. Washington Street
Phoenix, AZ 85003
Email: steve.delahuerta@phoenix.gov
Phone: (602) 261-8812
Department:
Water Services
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
4
1.4. Timeline
Schedule of Events
The City reserves the right to change dates, times, and locations, as necessary. The City does
not always hold a Pre-Offer Conference or Site Visit.
To request a reasonable accommodation or alternative format for any public meeting, please
contact the Procurement Officer (Steve De La Huerta) at (602) 261-8812/Voice or 711/TTY, or
steve.delahuerta@phoenix.gov, no later than two (2) weeks prior to the meeting.
Solicitation Issue Date
June 26, 2024
Pre-Offer Conference
(Non-Mandatory)
Tuesday, July 9, 2024
11:30 AM | (UTC-07:00) Arizona | 1 hr
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Written Inquiries Due
Date
July 16, 2024, 2:00pm
Offer Due Date
July 23, 2024, 2:00pm
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
5
2.
Instructions
2.1. Description Statement of Need
The City of Phoenix invites sealed offers for pumps, new, repair, parts, and accessories for a five-
year contract commencing on or about October 1, 2024, in accordance with the specifications
conditioned upon signature and record
Phoenix City Code, whichever is later.
This solicitation is available through Arizona Relay Service 7-1-1. Please call TTY 800-367-8939
for assistance.
Notwithstanding the foregoing, this Agreement will terminate upon the earliest occurrence: by
reaching the end of the term including any extensions exercised, or termination pursuant to the
provisions of this Agreement.
2.2. City's Vendor Self-Registration and Notification
Vendors must be registered i
-Registration System at
https://www.phoenix.gov/procure to respond to solicitations and access procurement information.
The City may, at its sole discretion, reject any offer from an Offeror who has not registered.
2.3. Preparation of Offer
All forms provided in Submittal Section must be completed and submitted with the Offer. The
signed and completed Conflict of Interest and Transparency form must be included or your Offer
may be deemed non-responsive.
It is permissible to copy Submittal forms if necessary. Erasures, interlineations, or other
modifications of the Offer must be initialed in original ink by the authorized person signing the
Offer. No offer will be altered, amended or withdrawn after the specified offer due date and time.
All time periods stated as a number of days will be calendar days.
It is the responsibility of all Offerors to examine the entire solicitation and seek clarification of any
requirement that may not be clear and to check all responses for accuracy before submitting an
offer. Negligence in preparing an offer confers no right of withdrawal after due date and time.
Offerors are strongly encouraged to:
A. Consider applicable laws and/or economic conditions that may affect cost, progress,
performance, or furnishing of the products or services.
B.
the solicitation
and other related data.
C. Promptly notify the City of all conflicts, errors, ambiguities, or discrepancies that Offeror
has discovered in or between the solicitation and other related documents.
D. The City does not reimburse the cost of developing, presenting or providing any response
to this solicitation. Offers submitted for consideration should be prepared simply and
economically, providing adequate information in a straightforward and concise manner.
The Offeror is responsible for all costs incurred in responding to this solicitation. All
materials and documents submitted in response to this solicitation become the property
of the City and will not be returned.
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
6
E. Offerors are reminded that the specifications stated in the solicitation are the minimum
level required and that offers submitted must be for products or services that meet or
exceed the minimum level of all features specifically listed in this solicitation. Offers
offering less than any minimum specifications or criteria specified are not responsive and
should not be submitted.
F. Offer responses submitted for products considered by the seller to be acceptable
be submitted with technical literature an
to evaluate the products offered. Offers submitted without this product information may be
considered as non-responsive and rejected. The City will be the sole judge as to the
acceptability of alternate products offered.
G. Prices will be submitted on a per unit basis by line item, when applicable. In the event of
a disparity between the unit price and extended price, the unit price will prevail unless
obviously in error.
2.4. Fixed Offer Price Period
All offers shall be firm and fixed for a period of 180 calendar days from the solicitation opening
date.
2.5. Obtaining a Copy of the Solicitation and Addenda
Interested
Offerors
may
download
the
complete
solicitation
and
addenda
from
https://solicitations.phoenix.gov/. Any interested Offerors without internet access may obtain this
solicitation by calling the Procurement Officer or picking up a copy during regular business hours
at the City of Phoenix, Water Services Department, 200 W. Washington St. 9th floor Phoenix, AZ
the website, read the entire solicitation, and verify
all required information is submitted with their Offer.
2.6. Exceptions
Offeror must not take any exceptions to any terms, conditions or material requirements of this
solicitation. Offers submitted with exceptions may be deemed non-responsive and disqualified
requirements specified in the solicitation. The City encourages Offerors to send inquiries to the
Procurement Officer rather than including exceptions in their Offer.
2.7. Inquiries
All questions that arise relating to this solicitation should be directed via email to the Procurement
Officer and must be received by the due date indicated in the Schedule of Events. The City will
not consider questions received after the deadline.
No informal contact initiated by Offerors on the proposed service will be allowed with members of
awards the contract.
All questions concerning or issues related to this solicitation must be presented in writing.
The Procurement Officer will answer written inquiries in an addendum and publish any
addendums on the Procurement Website.
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
7
2.8. Addenda
The City of Phoenix will not be responsible for any oral instructions made by any employees or
officers of the City of Phoenix regarding this solicitation. Any changes will be in the form of an
addendum. The Offeror must acknowledge receipt of any/all addenda by signing and returning
the document with the Offer submittal.
2.9. Business in Arizona
The City will not enter contracts with Offerors (or any company(ies)) not granted authority to
transact business, or not in good standing, in the state of Arizona by the Arizona Corporation
Commission, unless the Offeror asserts a statutory exception prior to entering a contract with the
City.
2.10. Licenses
If required by law for the operation of the business or work related to this Offer, Offeror must
possess all valid certifications and/or licenses as required by federal, state, or local laws at the
time of submittal.
2.11. Certifications
By signature in the Offer section of the Offer and Acceptance page(s), Offeror certifies:
The submission of the Offer did not involve collusion or other anti-competitive practices.
The Offeror must not discriminate against any employee, or applicant for employment in
violation of Federal or State Law.
The Offeror has not given, offered to give, nor intends to give at any time hereafter, any
economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor,
or service to a public servant in connection with the submitted Offer.
2.12. Submission of Offer
A. Submitted electronically by email to wsdprocurement@phoenix.gov and the following
information should be noted in the email:
1.
2.
3. Solicitation Number
4. Solicitation Title
5. Offer Opening Date
6. Due to file size limitations for electronic transmission (for sending or receiving), Offers
sent by email may need to be sent in parts with multiple emails. It is the responsibility
of the Offeror to ensure that the Offer (including all parts if sent in multiple emails) is
timely and to confirm that there are no technical reasons that any offer submitted
electronically may be delayed. The date and time on the email(s) as received/stamped
was received on or prior to the exact time and date indicated in the Schedule of Events.
7. Any original documents (such as bonds, guaranties, powers of attorney), if required
by the solicitation, must be separately delivered to, and received by the City on or prior
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
8
to the exact time and date indicated in the Schedule of Events, with a clear indication
of the Offer for which it is attributed.
2.13. Withdrawal of Offer
At any time prior to the solicitation due date and time, an Offeror (or designated representative)
may withdraw the Offer by submitting a request in writing and signed by a duly authorized
representative. If Offeror withdraws the Offer electronically by email to the Procurement Officer,
the request to withdraw must be in the form of a letter attached to the email that includes either
verifiable source, such as Adobe Sign, DocuSign, or a similar verifiable software program.
2.14. Offer Results
Offers will be opened on the offer due date, time and location indicated in the Schedule of Events,
at which time the name of each Offeror, and the prices may be read. Offers and other information
received in response to the solicitation will be shown only to authorized City personnel having a
legitimate interest in them or persons assisting the City in the evaluation. Offers are not available
website.
The
City
will
post
a
preliminary
offer
tabulation
on
the
C
https://solicitations.phoenix.gov/Awards within five business days of the offer opening. The City
will post the information on the preliminary tabulation as it was read during the offer opening. The
City makes no guarantee as to the accuracy of any information on the preliminary tabulation.
Once the City has evaluated the offers, the City will post an award recommendation on the
website. By signing and submitting its Offer, each Offeror agrees that this posting of the award
award recommendation. The City has no obligation to provide any further notification to
unsuccessful Offerors.
2.15. Pre-Award Qualifications
Offeror must have been in operation a minimum of 5
during the past 5 years will have been for providing the goods or services in this solicitation.
Upon notification of an intent to award, the Offeror will have ten calendar days to submit a
complete certificate of insurance in the minimum amounts and the coverages as required in the
Insurance Requirements of this agreement. Insurance requirements are non-negotiable.
pump repair and maintenance services.
2.16. Award of Contract
Unless otherwise indicated, award(s) will be made to the most responsive, responsible Offeror(s)
who are regularly established in the service, or providing the goods, contained in this solicitation
and who have demonstrated the ability to perform in an acceptable manner.
A. Factors that may be considered by the City include:
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
9
1.
Technical capability of the Offeror to accomplish the scope of work required in the
Solicitation. This may include performance history on past and current government or
industrial contracts; and,
2. Demonstrated availability of the necessary manpower (both supervisory and
operational personnel) and necessary equipment to accomplish the scope of work in
the Solicitation; and,
3. Safety record; and,
4. Offeror history of complaints and termination for convenience or cause.
B. Notwithstanding any other provision of this solicitation, the City reserves the right to: (1)
waive any immaterial defect or informality; or (2) reject any or all offers or portions thereof;
or (3) reissue a solicitation.
C. A response to a solicitation is an offer to contract with the City based upon the terms,
contracts until they are executed by the Chief Procurement Officer or Department Director.
A contract has its inception in the award, eliminating a formal signing of a separate
contract. For that reason, all of the terms, conditions and specifications of the procurement
contract are contained in the solicitation, and in any addendum or contract amendment.
2.17. Solicitation Transparency Policy
Commencing on the date and time a solicitation is published, potential or actual Offerors or
respondents (including their representatives) shall only discuss matters associated with the
solicitation with the Mayor, any members of City Council, the City Manager, any Deputy City
Manager, or any department director directly associated with the solicitation (including in each
case their assigned staff, except for the designated Procurement Officer) at a public meeting,
posted under Arizona Statutes, until the resulting contract(s) are awarded to all offers or
responses are rejected and the solicitation is cancelled without any announcement by the
P
As long as the solicitation is not discussed, Offerors may continue to conduct business with the
City and discuss business that is unrelated to the solicitation with the City staff. Offerors may not
discuss the solicitation with any City employees or evaluation panel members.
Offerors may discuss their proposal or the solicitation with the Mayor or one or more members of
the Phoenix City Council, provided such meetings are scheduled through the Procurement
Officer, and are posted as open meetings with the City Clerk at least 24 hours prior to the
scheduled meetings. The City Clerk will be responsible for posting the meetings. The posted
notice shall identify the participants and the subject matter, as well as invite the public to
participate.
With respect to the selection of the successful Offerors, the City Manager and/or City Manager's
Office will continue the past practice of exerting no undue influence on the process. In all
solicitations of bids and proposals, any direction on the selection from the City Manager and/or
City Manager's Office and Department Head (or representative) to the proposal review panel or
selecting authority must be provided in writing to all prospective Offerors.
This policy is intended to create a level playing field for all Offerors, assure that contracts are
awarded in public, and protect the integrity of the selection process. OFFERORS THAT VIOLATE
THIS POLICY SHALL BE DISQUALIFIED. After official Notice is received by the City for
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
10
disqualification, the Offeror may follow the Protest process, unless the Solicitation is cancelled
without notice of intent to re-issue.
the City responds to the
contact. Offerors that violate this policy will be disqualified until the resulting contract(s) are
awarded, or all offers or responses are rejected and the solicitation is cancelled without any
announcement by the Procurement Offi
solicitation. The City interprets the policy as continuing through a cancellation of a solicitation until
Council award of the contract, as long as the City cancels with a statement that the City will rebid
the solicitation.
2.18. Protest Process
Offeror may protest the contents of a solicitation no later than seven days before the solicitation
deadline when the protest is based on an apparent alleged mistake, impropriety or defect in the
solicitation. Protests filed regarding the solicitation may be addressed by an amendment to the
solicitation or denied by the City. If denied, the opening and award will proceed unless the City
amend the solicitation, cancel
or re-bid.
Therefore, unless otherwise notified by a formal amendment, the Protester must adhere to all
solicitation dates and deadlines, including timely filing of an offer, regardless of filing a protest.
Offeror may protest an adverse determination issued by the City regarding responsibility and
responsiveness, within seven days of the date the Offeror was notified of the adverse
determination.
Offeror may protest an award recommendation if the Offeror can establish that it had a substantial
chance of being awarded the contract and will be harmed by the recommended award. The City
must submit award protests within seven days after the posting of the award recommendation,
All protests will be in writing, filed with the Procurement Officer identified in the solicitation and
include the following:
Identification of the solicitation number;
The name, address and telephone number of the protester;
A detailed statement describing the legal and factual grounds for the protest, including
copies of relevant documents;
The form of relief requested; and
The signature of the protester or its authorized representative.
The Procurement Officer will render a written decision within a reasonable period after the protest
is filed. The City will not request City Council authorization to award the contract until the protest
Procurement Code, (Phoenix City Code, Ch. 43) and any protests or appeals not submitted within
the time requirements will not be considered. Protests must be filed with the Procurement Officer.
2.19. Public Record
All Offers submitted in response to this solicitation will become the property of the City and
become a matter of public record available for review pursuant to Arizona State law. If an Offeror
believes that a specific section of its Offer response is confidential, the Offeror will isolate the
pages marked confidential in a specific and clearly labeled section of its Offer response. An
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
11
Offeror may request specific information contained within its Offer is treated by the Procurement
treated as confidential. Once the procurement file becomes available for public inspection, the
available to the public unless necessary to support the evaluation process or if specifically
requested in accordance with applicable public records law. When a public records request for
such information is received, the Procurement Officer will notify the Offeror in writing of any
request to view any portion of its Offer mark
forth in the notice to obtain a court order enjoining such disclosure. If the Offeror does not provide
the Procurement Officer with a court order enjoining release of the information during the
designated time, the Procurement Officer will make the information requested available for
inspection.
2.20. Late Offers
Late Offers must be rejected, except for good cause. If a late Offer is submitted, the Department
will document the date and time of the submittal of the late Offer, keep the Offer and notify the
Offeror that its Offer was disqualified for being a late Offer.
2.21. Right to Disqualify
The City reserves the right to disqualify any Offeror who fails to provide information or data
requested or who provides materially inaccurate or misleading information or data. The City
further reserves the right to disqualify any Offeror on the basis of any real or apparent conflict of
interest that is disclosed by the Offer submitted or any other data or information available to the
City. This disqualification is at the sole discretion of the City. By submission of a solicitation
response, the Offeror waives any right to object now or at any future time, before any agency or
body including, but not limited to, the City Council of the City or any court as to the exercise by
the City of such right to disqualify or as to any disqualification by reason of real or apparent conflict
of interest determined by the City. The City reserves the right to replace the disqualified Offeror.
2.22. Contract Award
In accordance with the City of Phoenix Code, Chapter 43, Section 43-12, Competitive Sealed
Bidding, award(s) shall be made to the lowest responsible and responsive offeror(s) whose offer
conforms in all material respects to the requirements set forth in this solicitation. The City reserves
the right to award a contract by individual line items, by group, all or none, or any other
combination most advantageous to the City. The City reserves the right to multiple award.
2.23. Determining Responsiveness and Responsibility
Offers will be reviewed for documentation of any required minimum qualifications, and
completeness and compliance with the solicitation requirements. The City reserves sole discretion
to determine responsiveness and responsibility.
Responsiveness: Nonresponsive Offers will not be considered in the evaluation process. The
solicitation states criteria that determine responsiveness, and the solicitation includes terms and
conditions that if included or excluded from Offers will render an Offer nonresponsive.
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
12
Responsibility: To obtain true economy, the City must conduct solicitations to minimize the
possibility of a subsequent default by the Offeror, late deliveries, or other unsatisfactory
performance that may result in additional administrative costs. It is important that the Offeror be
and facilities for conducting the work to be performed.
2.24. Equal Low Offer
Contract award will be made by putting the names of the tied Offerors in a cup for a blind drawing
limited to those bidders with tied Offers. If time permits, the Offerors involved will be given an
opportunity to attend the drawing. The drawing will be witnessed by at least three persons, and
the contract file will contain the names and addresses of the witnesses.
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
13
3.
Scope of Work
3.1. Purpose
This contract is for the purchase of new pumps and pump parts. This contract is also for repair
and maintenance of the pumps which includes installation, repair, diagnostics and assessment,
tear down and inspection (TDI), troubleshooting, required maintenance, retrofits, warranty work,
and emergency repairs.
3.2. Background
The City uses a variety of pumps across several departments and throughout various divisions.
Currently the Water Services, Aviation, Public Works, Parks and Recreation, and Convention
Center Departments require pumps, pump parts and various services.
3.3. Standards
The Contractor shall comply with all applicable standards, including but not limited to, the
American National Standards Institute (ANSI), International Standards (ISO), state, local and
manufacturer operating procedures and general Industrial Standards for Industrial Pumps as they
apply to the specific pump.
3.4. New Pumps and New Pump Parts Requirements
A. The Contractor shall provide new pumps and new pump parts in accordance with the
purchase order. Parts include but are not limited to motors, impellers, seals, bearings,
fasteners, gears, shafts, gaskets, seals, filters, brackets, nuts, strainers, and tubes.
B. New pumps and new pump parts shall be warrantied and conform to National Electrical
Manufacturers Association (NEMA) standards, American National Standards Institute
(ANSI), International Standards (ISO), and general Industrial Standards for industrial
pumps as they apply to the specific pump.
C. The Contractor shall be responsible for implementing all final settings and adjustments in
accordance with pump manu
D. The Contractor will deliver and pick-up equipment from any City location identified on the
purchase order. Delivery includes unloading the equipment at the designated location.
3.5. Repair and Maintenance Services
Services furnished by the Contractor shall include all management, supervision, labor, employee
safety equipment, transportation, tools, supplies, materials, parts, equipment such as machinery
and hoists, necessary to provide pump repair and maintenance services in accordance with all
the terms, conditions provisions, and specifications contained in this agreement and
A. Contractor Employee Qualifications and Quality Assurance
1. The Contractor shall provide a sufficient number of trained employees to properly
provide the required services and supervise the employees to ensure appropriate
execution of services by its employees.
2. The Contractor ensures that each of its employees is properly qualified and will use
reasonable care in the performance of services.
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
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a.
All employees working on City pumps shall have specific factory, and/or field
training in accordance with the National Electrical Manufacturers Association
(NEMA) standards.
b.
) years of
experience providing pump repair and maintenance services. All work shall be
3. If the City determines, for any reason, that the qualifications, actions or conduct of any
employee does not meet City standards the City may, by written notice,
request that the Contractor remove and replace the employee.
4.
operating procedures.
5. The Contractor shall comply with applicable safety, precautions, and cleanliness
regulations including, but not limited to, Occupational Safety and Health Administration
(OSHA), and National Fire Prevention Association (NFPA) 20.
6. The Contractor shall have sole responsibility for means, methods, techniques,
procedures, and safety precautions in connection with performance of all services
related to this contract.
7. Safe use of equipment may include use of machinery, hoists, employee safety
equipment, and all other materials expressly required under this agreement or
reasonably inferred whether or not expressly stated herein.
8. The Contractor shall keep the premises clean of all rubbish and debris generated by
the work involved and shall leave the premises neat and clean. All surplus material
and scrap metal shall be returned to the City. All rubbish, and debris shall be disposed
of by the Contractor at their expense.
9. All subcontract work will be paid to the Contractor as a pass-through cost with no
markup. Subcontractor invoice must be included with the Contractor invoice.
B. Inspection and Acceptance
1. Each pump delivered shall be subject to a complete inspection by the requesting
department prior to acceptance.
2. Inspection criteria shall include, but not be limited to, conformity to the specifications,
mechanical integrity, quality, workmanship, and materials. Ten (10) City working days
will be allowed for this process.
3. If delivered items are unacceptable and returned to the contractor prior to acceptance,
an additional five (5) City working days will be allowed for inspection when subsequent
delivery occurs.
4.
deficiencies and return the pump following the corrections.
C. Repair and Maintenance
1. Services shall be performed in conformance with all provisions of this agreement, legal
statutes, code requirements, applicable Original Equipment Manufacturer (OEM)
specifications, and City policies and specifications. All materials used must be new.
2. Service will be completed within two (2) business days.
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
15
3.
representative within 2 hours of inspection.
4. The Contractor shall be responsible for implementing all final settings and adjustments
5. Once services are complete, all gauges, valves, and related or adjacent equipment
that has been changed/modified by the Contractor shall be set back to their original
settings and/or orientations, unless otherwise directed by City personnel.
6. Contractor shall have the option for emergency repairs which shall consist of expedited
repairs or replacement and overnight shipping.
7. Any service work outside the scope of the scheduled maintenance and repair period
authorized representative.
3.6. Hours of Work Standard and Premium
A. Standard hours:
manager. Work hours are generally 6:00 a.m. until 5:00 p.m., Monday through Friday;
excluding City observed holidays. Standard hourly labor rate will apply.
B. Premium hours: Premium hours are hours other than standard hours defined above
including Saturdays, Sundays, City observed holidays and weekdays between 5:00 p.m.
and 6:00 a.m. Premium work hours shall have the prior approval of the Department
requesting the services.
3.7. Emergency Contact and Response Time
Emergency twenty-four (24) hour service shall be provided by the Contractor in the event of an
emergency repair requirement. A phone number and email should be provided for a 24-hour
emergency contact, as well as the contact information for an alternate contact for when the
primary contact is not available. Any changes in contacts must be promptly submitted to the City
within 24 hours using the supplier relationship management tool.
3.8. Records and Reports
A. Contractor shall submit a clear and legible report by e-mail within two business days of all
work performed including the following:
1. The date and time work began.
2.
discount price) and specific action taken on the service.
3. Detailed summary of all worked performed.
4. Date and time work is completed.
3.9. City Responsibilities
A. The City shall be responsible for the packing and shipping of pumps and/or associated
components to the Contractor for repair/retrofit work if the work is to be performed at the
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
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between the City and Contractor.
B. The City shall be responsible for freight costs of returned pumps and/or associated parts.
Fees shall be at a pass-through cost with no mark-up that is reflected on the invoice. All
freight fees shall be approved by the City before pumps and/or associated parts are
shipped back to the City.
3.10. Option for Additional Quantities and Products
The City anticipates considerable activity under the resultant contract(s). However, no guarantee
can be made as to actual business each successful contractor shall receive. The City reserves
the right to add, change or delete quantities or items as circumstances may require. The City also
reserves the right to add brands/manufacturers to the contract.
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
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4.
Standard Terms and Conditions
4.1. Definition of Key Words Used in the Solicitation
Shall, Will, Must: Indicates a mandatory requirement. Failure to meet these mandatory
requirements may result in the rejection of Offer as non-responsive.
Should: Indicates something that is recommended but not mandatory. If the Offeror fails to
provide recommended information, the City may, at its sole option, ask the Offeror to provide the
information or evaluate the Offer without the information.
May: Indicates something that is not mandatory but permissible.
For purposes of this solicitation, the following definitions will apply:
Arizona Revised Statute
ation. The
City employee or employees who have specifically been designated to act as a contact person or
persons to the Contractor, and responsible for monitoring and overseeing the Contractor's
performance under this contract.
"City" The City of Phoenix
"Contractor" The individual, partnership, or corporation who, as a result of the competitive
process, is awarded a contract by the City of Phoenix.
AZ, and
the Contractor.
Means calendar days unless otherwise specified.
The contracting authority for the City of Phoenix, AZ, authorized
to sign contracts and amendments thereto on behalf of the City of Phoenix, AZ.
Any individual or type of organization that transacts business in this state, that has
a license issued by an agency in this state and employs one or more employees in this state.
Employer includes this state, any political subdivision of this state and self-employed persons. In
the case of an independent contractor, employer means the independent contractor and does not
mean the person or organization that uses contract labor. (A.R.S. 23-211).
Means a response from a Supplier, Contractor, or Service Provider to a solicitation
request that, if awarded, binds the Supplier, Contractor, or Service Provider to perform in
accordance with the contract. Same as bid, proposal, quotation or tender.
Any Vendor, Seller or Supplier submitting a competitive offer in response to a
solicitation from the City. Same as Bidder or Proposer.
Means an Invitation for Bid (IFB), Request for Proposal (RFP), Request for
Quotations (RFQ), Request for Qualifications (RFQu) and request for sealed Offers, or any other
type of formal procurement which the City makes public through advertising, mailings, or some
other method of communication. It is the process by which the City seeks information, proposals,
Offers, or quotes from suppliers.
Firms, entities or individuals furnishing goods or services to the City.
A seller of goods or services.
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
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4.2. Contract Interpretation
A. Applicable Law: This Contract will be governed by the law of the State of Arizona, and
suits pertaining to this Contract will be brought only in Federal or State courts in Maricopa
County, State of Arizona.
B. Contract Order of Precedence: In the event of a conflict in the provisions of the Contract,
as accepted by the City and as they may be amended, the following will prevail in the
order set forth below:
1. Federal terms and conditions, if any
2. Special terms and conditions
3. Standard terms and conditions
4. Amendments
5. Statement or scope of work
6. Specifications
7. Attachments
8. Exhibits
9. Instructions to Contractors
10. Other documents referenced or included in the Solicitation
C. Organization Employment Disclaimer: The Agreement resulting hereunder is not
intended to constitute, create, give rise to or otherwise recognize a joint venture
agreement or relationship, partnership or formal business organization of any kind, and
the rights and obligations of the parties will be only those expressly set forth in the
agreement. The parties agree that no persons supplied by the Contractor in the
employees and that no rights of City civil service, retirement or personnel rules accrue to
such persons. The Contractor will have total responsibility for all salaries, wage bonuses,
unemployment compensation, other employee benefits and all taxes and premiums
appurtenant thereto concerning such persons, and will save and hold the City harmless
with respect thereto.
D. Severability: The provisions of this Contract are severable to the extent that any provision
or application held to be invalid will not affect any other provision or application of the
contract which may remain in effect without the invalid provision or application.
E. Non-Waiver of Liability: The City of Phoenix as a public entity supported by tax monies,
in execution of its public trust, cannot agree to waive any lawful or legitimate right to
recover monies lawfully due it. Therefore, any Contractor agrees that it will not insist upon
or demand any statement whereby the City agrees to limit in advance or waive any right
the City might have to recover actual lawful damages in any court of law under applicable
Arizona law.
F. Parol Evidence: This Agreement is intended by the parties as a final expression of their
agreement and is intended also as a complete and exclusive statement of the terms of
this agreement. No course of prior dealings between the parties and no usage in the trade
will be relevant to supplement or explain any term used in this Contract. Acceptance or
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
19
acquiescence in a course of performance rendered under this contract will not be relevant
to determine the meaning of this Contract even though the accepting or acquiescing party
has knowledge of the nature of the performance and opportunity to object.
4.3. Contract Administration and Operation
A. Records: All books, accounts, reports, files and other records relating to the contract will
be subject at all reasonable times to inspection and audit by the City for five years after
completion of the contract. Such records will be produced at a City of Phoenix office as
designated by the City. Confidentiality will be maintained, and City will not violate any
proprietary or other confidentiality agreements Contractor has in place.
B. Discrimination Prohibited: Contractor agrees to abide by the provisions of the Phoenix
City Code Chapter 18, Article V as amended. Any Contractor, in performing under this
contract, will not discriminate against any worker, employee or applicant, or any member
of the public, because of race, color, religion, sex, national origin, age or disability nor
otherwise commit an unfair employment practice. The supplier and/or lessee will take
action to ensure that applicants are employed, and employees are dealt with during
employment without regard to their race, color, religion, sex, or national origin, age or
disability and adhere to a policy to pay equal compensation to men and women who
perform jobs that require substantially equal skill, effort and responsibility, and that are
performed within the same establishment under similar working conditions. Such action
will include but not be limited to the following: Employment, promotion, demotion or
transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training; including apprenticeship. The supplier
further agrees that this clause will be incorporated in all subcontracts with all labor
organizations furnishing skilled, unskilled and union labor, or who may perform any such
labor or services in connection with this contract. Contractor further agrees that this clause
will be incorporated in all subcontracts, job-contractor agreements or subleases of this
agreement entered into by supplier/lessee.
C. Equal Employment Opportunity and Pay: In order to do business with the City,
Contractor must comply with Phoenix City Code, 1969, Chapter 18, Article V, as amended,
Equal Employment Opportunity Requirements. Contractor will direct any questions in
regard to these requirements to the Equal Opportunity Department, (602) 262-6790.
1. For a Contractor with 35 employees or fewer: Contractor in performing under this
Agreement shall not discriminate against any worker, employee or applicant, or any
member of the public, because of race, color, religion, sex, national origin, age, or
disability, nor otherwise commit an unfair employment practice. The Contractor will
ensure that applicants are employed, and employees are dealt with during
employment without regard to their race, color, religion, sex, national origin, age, or
disability. Such action shall include but not be limited to the following: employment,
promotion, demotion or transfer, recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of compensation; and selection for training;
including apprenticeship. The Contractor further agrees that this clause will be
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
20
incorporated in all subcontracts related to this Agreement that involve furnishing
skilled, unskilled and union labor, or who may perform any such labor or services in
connection with this Agreement. Contractor further agrees that this clause will be
incorporated in all subcontracts, Contractor agreements or subleases of this
agreement entered into by supplier/lessee.
2. For a Contractor with more than 35 employees: Contractor in performing under this
Agreement shall not discriminate against any worker, employee or applicant, or any
member of the public, because of race, color, religion, sex, national origin, age, or
disability, nor otherwise commit an unfair employment practice. The Contractor will
ensure that applicants are employed, and employees are dealt with during
employment without regard to their race, color, religion, sex, national origin, age, or
disability, and shall adhere to a policy to pay equal compensation to men and women
who perform jobs that require substantially equal skill, effort, and responsibility, and
that are performed within the same establishment under similar working conditions.
Such action shall include but not be limited to the following: employment, promotion,
demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates
of pay or other forms of compensation; and selection for training; including
apprenticeship. The Contractor further agrees that this clause will be incorporated in
all subcontracts with all labor organizations furnishing skilled, unskilled and union
labor, or who may perform any such labor or services in connection with this contract.
Contractor further agrees that this clause will be incorporated in all subcontracts, job-
Contractor agreements or subleases of this Agreement entered into by
supplier/lessee. The Contractor further agrees not to discriminate against any worker,
employee or applicant, or any member of the public, because of sexual orientation or
gender identity or expression and shall ensure that applicants are employed, and
employees are dealt with during employment without regard to their sexual orientation
or gender identity or expression.
3. Documentation: Suppliers and lessees may be required to provide additional
documentation to the Equal Opportunity Department affirming that a nondiscriminatory
policy is being utilized.
4. Monitoring: The Equal Opportunity Department shall monitor the employment policies
and practices of suppliers and lessees subject to this article as deemed necessary.
The Equal Opportunity Department is authorized to conduct on-site compliance
reviews of selected firms, which may include an audit of personnel and payroll records,
if necessary.
D. Legal Worker Requirements: The City of Phoenix is prohibited by A.R.S. § 41-4401 from
awarding a contract to any Contractor who fails, or whose subcontractors fail, to comply
with A.R.S. § 23-214(A). Therefore, Contractor agrees that:
1. Contractor and each subcontractor it uses warrants their compliance with all federal
immigration laws and regulations that relate to their employees and their compliance
with A.R.S. § 23-214, subsection A.
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
21
2.
A breach of a warranty under paragraph 1 will be deemed a material breach of the
contract that is subject to penalties up to and including termination of the contract.
3. The City of Phoenix retains the legal right to inspect the papers of any Contractor or
subcontractor employee who works on the contract to ensure that the Contractor or
subcontractor is complying with the warranty under paragraph 1.
E. Health, Environmental, and Safety Requirements:
and facilities will be in full compliance with all applicable Federal, State and local health,
environmental and safety laws, regulations, standards, codes and ordinances, regardless
of whether or not they are referred to by the City. At the request of City representatives,
the Contractor will provide the City:
1. Environmental, safety and health regulatory compliance documents (written safety
programs, training records, permits, etc.) applicable to services provided by the
Contractor in this contract.
2. A list of all federal, state, or local (EPA, OSHA, Maricopa County, etc.) citations or
notice of violations issued against their firm or their subcontractors including dates,
reasons, dispositions and resolutions.
3. The City will have the right, but not the obligation to inspect the facilities, transportation
vehicles or vessels, containers and disposal facilities provided by the Contractor or
subcontractor. The City will also have the right to inspect operations conducted by the
Contractor or subcontractor in the performance of this agreement. The City further
ties
(during normal business hours).
F. Compliance with Laws: Contractor agrees to fully observe and comply with all applicable
Federal, State and local laws, regulations, standards, codes and ordinances when
performing under this Contract regardless of whether they are being referred to by the
including personnel records to verify any such compliance. Because the contractor will be
acting as an independent contractor, the City assumes no responsibility for the
G. Lawful Presence Requirement: Pursuant to A.R.S. §§ 1-501 and -502, the City of
Phoenix is prohibited from awarding a contract to any natural person who cannot establish
that he or she is lawfully present in the United States. In order to establish lawful presence,
this person must produce qualifying identification and sign a City-provided affidavit
affirming that the identification provided is genuine. This requirement will be imposed at
the time of contract award. In the event the prevailing responder is unable to satisfy this
requirement, the City will offer the award to the next-highest scoring responder. The law
does not apply to fictitious entities such as corporations, partnerships and limited liability
companies.
H. Continuation During Disputes: Contractor agrees that notwithstanding the existence of
any dispute between the parties, insofar as is possible, under the terms of the contract,
the Contractor will continue to perform the obligations required of Contractor during the
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
22
continuation of any such dispute unless enjoined or prohibited by an Arizona Court of
competent jurisdiction.
I.
Emergency Purchases: The City reserves the right to purchase from other sources those
items which are required on an emergency basis and cannot be supplied immediately from
stock by the Contractor.
4.4. Costs and Payments
A. General: Any prompt payment terms offered must be clearly noted by the Contractor on
all invoices submitted to the City for the payment of goods or services received. The City
will make every effort to process payment for the purchase of material or services within
thirty to forty-five calendar days after receipt of a correct invoice, unless a good faith
dispute exists to any obligation to pay all or a portion of the account. Payment terms are
specified in the Offer.
B. Payment Deduction Offset Provision: Contractor acknowledges that the City Charter
requires that no payment be made to any Contractor as long as there is an outstanding
obligation due to the City. Contractor agrees that any obligation it owes to the City will be
offset against any payment due to the Contractor from the City.
C. Late Submission of Claim by Contractor: The City will not honor any invoices or claims
which are tendered one year after the last item of the account accrued.
D. Discounts: If applicable, payment discounts will be computed from the date of receiving
acceptable products, materials and/or services or correct invoice, whichever is later to the
date payment is mailed.
E. No Advance Payments: Advance payments are not authorized. Payment will be made
only for actual services or commodities that have been received, unless addressed
specifically in the Scope of work for subscription services.
F. Fund Appropriation Contingency: The Contractor recognizes that any agreement
entered into will commence upon the day first provided and continue in full force and effect
until termination in accordance with its provisions. The Contractor and the City herein
recognize that the continuation of any contract after the close of any given fiscal year of
the City, which ends on June 30th of each year, will be subject to the approval of the
budget of the City providing for or covering such contract item as an expenditure therein.
The City does not represent that said budget item will be actually adopted, said
determination being the determination of the City Council at the time of the adoption of the
budget.
G. Maximum Prices: The City will not be invoiced at prices higher than those stated in any
contract resulting from this Offer. Contractor certifies, by signing this Offer that the prices
offered are no higher than the lowest price the Contractor charges other buyers for similar
quantities under similar conditions, as applicable and shown by quotes for like services
and goods. Contractor further agrees that any reductions in the price of the goods or
services covered by this Offer and occurring after award will apply to the undelivered
balance. The Contractor will promptly notify the City of such price reductions.
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
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H. F.O.B. Point: All prices are to be quoted F.O.B. destination, unless specified elsewhere
in this solicitation.
4.5. Contract Changes
A. Contract Amendments: Contracts will be modified only by a written contract amendment
signed by persons duly authorized to enter into contracts on behalf of the Contractor. No
verbal agreement or conversation with any officer, agent, or employee of the City either
before or after execution of the contract, will affect or modify any of the terms or obligations
contained or to be contained in the contract. Any such verbal agreements or conversation
shall be considered as unofficial information and in no way binding upon the City or the
Contractor. All agreements shall be in writing and contract changes shall be by written
amendment signed by both parties.
B. Assignment - Delegation: No right or interest in this contract nor monies due hereunder
will be assigned in whole or in part without written permission of the City, and no delegation
of any duty of Contractor will be made without prior written permission of the City, which
may be withheld for good cause. Any assignment or delegation made in violation of this
section will be void.
C. Non-Exclusive Contract: Any contract resulting from this solicitation will be awarded with
the understanding and agreement that it is for the sole convenience of the City. The City
reserves the right to obtain like goods or services from another source when necessary.
4.6. Risk of Loss and Liability
A. Title and Risk of Loss: The title and risk of loss of material or service will not pass to the
City until the City actually receives the material or service at the point of delivery; and such
loss, injury, or destruction will not release seller from any obligation hereunder.
B. Acceptance: All material or service is subject to final inspection and acceptance by the
City. Material or service failing to conform to the specifications of this contract will be held
at Contractor's risk and may be returned to the Contractor. If so returned, all costs are the
responsibility of the Contractor. Noncompliance will conform to the cancellation clause set
forth in this document.
C. Force Majeure: Except for payment of sums due, neither party will be liable to the other
nor deemed in default under this contract if and to the extent that such party's performance
of this contract is prevented by reason of force majeure. The term "force majeure" means
an occurrence that is beyond the control of the party affected and occurs without its fault
or negligence. Force majeure will not include late performance by a subcontractor unless
the delay arises out of a force majeure occurrence in accordance with this force majeure
term and condition. If either party is delayed at any time in the progress of the work by
force majeure, the delayed party will notify the other party in writing of such delay, as soon
as is practical, of the commencement thereof and will specify the causes of such delay in
such notice. Such notice will be hand-delivered or mailed certified-return receipt and will
make a specific reference to this provision, thereby invoking its provisions. The delayed
party will cause such delay to cease as soon as practicable and will notify the other party
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
24
in writing when it has done so. The time of completion will be extended by contract
modification for a period of time equal to the time that results or effects of such delay
prevent the delayed party from performing in accordance with this contract.
D. Loss of Materials: The City does not assume any responsibility, at any time, for the
protection of or for loss of materials, from the time that the contract operations have
commenced until the final acceptance of the work by the City.
E. Contract Performance: Contractor will furnish all necessary labor, tools, equipment, and
supplies to perform the required services at the City facilities designated, unless otherwise
specifically addressed in the scope, or elsewhere in this Agreement. The City's authorized
representative will decide all questions which may arise as to the quality and acceptability
of any work performed under the contract. If, in the opinion of the City's authorized
representative, performance becomes unsatisfactory, the City will notify the Contractor.
The Contractor will have 30 days from that time to correct any specific instances of
unsatisfactory performance, unless a different amount of time is specified in the
agreement. In the event the unsatisfactory performance is not corrected within the time
specified, the City will have the immediate right to complete the work to its satisfaction and
will deduct the cost to cover from any balances due or to become due the Contractor.
Repeated incidences of unsatisfactory performance may result in cancellation of the
agreement for default.
F. Damage to City Property: Contractor will perform all work so that no damage to the
building or grounds results. Contractor will repair any damage caused to the satisfaction
of the City at no cost to the City. Contractor will take care to avoid damage to adjacent
finished materials that are to remain. If finished materials are damaged, Contractor will
repair and finish to match existing material as approved by the City at Contractor's
expense.
4.7. City's Contractual Rights
Whenever one party to this contract in good faith has reason to question the other party's intent
to perform, the former party may demand that the other party give a written assurance of this
intent to perform. In the event that a demand is made and no written assurance is given within
five days, the demanding party may treat this failure as an anticipatory repudiation of this contract.
A. Non-Exclusive Remedies: The rights and remedies of the City under this Contract are
non-exclusive.
B. Default in One Installment to Constitute Breach: Each installment or lot of the
agreement is dependent on every other installment or lot and a delivery of non-conforming
goods or a default of any nature under one installment or lot will impair the value of the
whole agreement and constitutes a total breach of the agreement as a whole.
C. On Time Delivery: Because the City is providing services which involve health, safety
and welfare of the general public, delivery time is of the essence. Delivery must be made
in accordance with the delivery schedule promised by the Contractor.
D. Default: In case of default by the Contractor, the City may, by written notice, cancel this
contract and repurchase from another source and may recover the excess costs by (1)
deduction from an unpaid balance due; (2) collection against the Solicitation and/or
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
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Performance Bond, or (3) a combination of the aforementioned remedies or other
remedies as provided by law.
E. Covenant Against Contingent Fees: Seller warrants that no person or selling agent has
been employed or retained to solicit or secure this contract upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee, excepting
bona fide employers or bona fide established commercial or selling agencies maintained
by the seller for the purpose of securing business. For breach or violation of this warranty,
the City will have the right to annul the contract without liability or in its discretion to deduct
from the contract price a consideration, or otherwise recover the full amount of such
commission, brokerage or contingent fee.
F. Cost Justification: In the event only one response is received, the City may require that
the Contractor submit a cost proposal in sufficient detail for the City to perform a cost/price
analysis to determine if the Offer price is fair and reasonable.
G. Work Product, Equipment, and Materials: All work product, equipment, or materials
created or purchased under this contract belongs to the City and must be delivered to the
all rights and interests Contractor may have in materials prepared under this contract that
any right to derivative use of the material.
4.8. Contract Termination
A. Gratuities: The City may, by written notice to the Contractor, cancel this contract if it is
found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given
by the Contractor or any agent or representative of the Contractor, to any officer or
employee of the City making any determinations with respect to the performing of such
contract. In the event this contract is canceled by the City pursuant to this provision, the
City will be entitled, in addition to any other rights and remedies, to recover or withhold
from the Contractor the amount of the gratuity.
B. Conditions and Causes for Termination:
1. This contract may be terminated at any time by mutual written consent, or by the City,
with or without cause, upon giving thirty-day written notice to Contractor. The City at
its convenience, by written notice, may terminate this contract, in whole or in part. If
this contract is terminated, the City will be liable only for payment under the payment
provisions of this contract for services rendered and accepted material received by the
City before the effective date of termination. Title to all materials, work-in-process and
completed but undeliverable goods, will pass to the City after costs are claimed and
allowed. The Seller will submit detailed cost claims in an acceptable manner and will
permit the City to examine such books and records as may be necessary in order to
verify the reasonableness of any claims.
2. The City reserves the right to cancel the whole or any part of this contract due to failure
of Contractor to carry out any term, promise, or condition of the contract. The City will
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
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issue a written notice of default to Contractor for acting or failing to act as in any of the
following:
In the opinion of the City, Contractor provides personnel who do not meet the
requirements of the contract;
In the opinion of the City, Contractor fails to perform adequately the stipulations,
conditions or services/specifications required in this contract;
In the opinion of the City, Contractor attempts to impose on the City personnel or
materials, products or workmanship, which is of an unacceptable quality;
Contractor fails to furnish the required service and/or product within the time
stipulated in the contract;
In the opinion of the City, Contractor fails to make progress in the performance of
the requirements of the contract and/or gives the City a positive indication that
Contractor will not or cannot perform to the requirements of the contract.
C. Contract Cancellation: All parties acknowledge that this contract is subject to
cancellation by the City of Phoenix pursuant to the provision of Section 38-511, Arizona
Revised Statutes.
4.9. Notice
Any notice, consent,
Agreement will be in writing and either: (1) delivered in person; (2) sent via e-mail, return receipt
requested; (3) sent via facsimile transmission; (4) deposited with any commercial air courier or
express delivery service; or (5) deposited in the United States mail, postage prepaid.
4.10. Integration
This Agreement constitutes and embodies the full and complete understanding and agreement of
the parties hereto and supersedes all prior understandings, agreements, discussions, proposals,
bids, negotiations, communications, and correspondence, whether oral or written. No
representation, promise, inducement, or statement of intention has been made by any party
hereto which is not embodied in this Agreement, and no party will be bound by or liable for any
statement of intention not so set forth.
4.11. State and Local Transaction Privilege Taxes
In accordance with applicable state and local law, transaction privilege taxes may be applicable
to this transaction. The state and local transaction privilege (sales) tax burden and legal liability
to remit taxes are on the Contractor that is conducting business in Arizona and the City of Phoenix.
Any failure by the Contractor to collect applicable taxes from the City will not relieve the Contractor
from its obligation to remit taxes. It is the responsibility of the prospective bidder to determine any
applicable taxes. The City 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 City provide advice or
guidance. If you have questions regarding your tax liability, please seek advice from a tax
professional
prior
to
submitting
your
Offer.
You
may
also
find
information
at
https://www.phoenix.gov/finance/plt or https://www.azdor.gov/Business. Once your Offer is
submitted, the Offer is valid for the time specified in this Solicitation, regardless of mistake or
omission of tax liability. If the City finds over payment of a project due to tax consideration that
was not due, the Contractor will be liable to the City for that amount, and by contracting with the
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
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City, the Contractor agrees to remit any overpayments back to the City for miscalculations on
taxes included in an offer price.
4.12. Tax Indemnification
Contractor will pay all federal, state and local taxes applicable to its operation and any persons
employed by the Contractor, and require the same of all subcontractors. Contractor will hold the
City 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 Worker's
Compensation, and require the same of all subcontractors.
4.13. Tax Responsibility Qualification
Contractor may be required to establish, to the satisfaction of City, that any and all fees and taxes
due to the City 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). Contractor
agrees to a waiver of the confidentiality provisions contained in the City Finance Code and any
similar confidentiality provisions contained in Arizona statutes relative to State Transaction
Privilege Taxes or Use Taxes. Contractor agrees to provide written authorization to the City
Finance Department and to the Arizona State Department of Revenue to release tax information
relative to Arizona Transaction Privilege Taxes or Arizona Use Taxes in order to assist the
Department in evaluating Contractor's qualifications for and compliance with contract for duration
of the term of contract.
4.14. No Israel Boycott
If this Contract is valued at $100,000 or more and requires Contractor (a company engaging in
for-profit activity and having ten or more full-time employees) to acquire or dispose of services,
supplies, information technology, or construction, then Contractor must certify and agree that it
does not and will not boycott goods or services from Israel, pursuant to Title 35, Chapter 2, Article
9 of the Arizona Revised Statutes. Provided that these statutory requirements are applicable,
Contractor by entering this Contract now certifies that it is not currently engaged in and agrees
for the duration of the Contract to not engage in, a boycott of goods or services from Israel.
4.15. No Forced Labor of Ethnic Uyghurs
If this Contract requires Contractor (a company engaging in for-profit activity and having ten or
more full-time employees) to acquire or dispose of services, supplies, information technology,
goods, or construction, then pursuant to Title 35, Chapter 2, Article 10 of the Arizona Revised
Statutes Contractor must certify and agree that it and any contractors, subcontractors, or suppliers
China or any goods or services produced by such forced labor. Provided these statutory
requirements are applicable, Contractor, by entering this Contract, now certifies it is not currently
engaged in, and agrees for the duration of the Contract to not engage in, (a) the use of forced
produced by the forc
of any contractors, subcontractors, or suppliers that use the forced labor or any goods or services
a.
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
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4.16. Advertising
Except as required by law, Contractor shall not publish, release, disclose or announce to any
member of the public, press, official body, or any other third party any information or documents
concerning this Agreement or any part thereof without the prior written consent of the City. The
name of any City site on which services are performed by the Contractor pursuant to this
Agreement shall not be used in any advertising or other promotional context by Contractor without
the prior written consent of the City.
4.17. Strict Performance
Failure of either party to insist upon the strict performance of any item or condition of the contract
or to exercise or delay the exercise of any right or remedy provided in the contract, or by law, or
the acceptance of materials or services, obligations imposed by this contract, or by law, will not
be deemed a waiver of any right of either party to insist upon the strict performance of the contract.
4.18. Authorized Changes
The City reserves the right at any time to make changes in any one or more of the following: (a)
specifications; (b) methods of shipment or packing; (c) place of delivery; (d) time of delivery;
and/or (e) quantities. If the change causes an increase or decrease in the cost of or the time
required for performance, an equitable adjustment may be made in the price or delivery schedule,
or both. Any claim for adjustment will be deemed waived unless asserted in writing within sixty
days from the receipt of the change. Price increases or extensions of delivery time will not be
binding on the City unless evidenced in writing and approved by the Chief Procurement Officer
prior to the institution of the change.
4.19. Contractor Requirements for the Mitigation of Heat-Related Illnesses
and Injuries in the Workplace
Any contractor whose employees and contract workers perform work in an outdoor environment
under this contract must keep on file a written heat safety plan. The city may request a copy of
this plan and documentation of all heat safety and mitigation efforts currently implemented to
prevent heat-related illnesses and injuries in the workplace. The plan must also be posted where
it is accessible to employees. At a minimum, the heat safety and mitigation plan and
documentation required under this provision shall include each of the following as it relates to
heat safety and mitigation:
A. Availability of sanitized cool drinking water free of charge at locations that are accessible
to all employees and contract workers.
B. Ability to take regular and necessary breaks as needed and additional breaks for
hydration.
C. Access to shaded areas and/or air conditioning.
D. Access to air conditioning in vehicles with enclosed cabs. All such vehicles must contain
functioning air conditioning by no later than May 1, 2025.
E. Effective acclimatization practices to promote the physiological adaptations of employees
or contract workers newly assigned or reassigned to work in an outside environment.
F. Conduct training and make it available and understandable to all employees and contract
workers on heat illness and injury that focuses on the environmental and personal risk
factors, prevention, how to recognize and report signs and symptoms of heat illness and
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
29
injury, how to administer appropriate first aid measures and how to report heat illness and
injury to emergency medical personnel.
The contractor further agrees that this clause will be incorporated in all subcontracts with
subcontractors, sublicensees or sublessees who may perform labor or services in connection with
this contract. Additionally, the contractor agrees to require all subcontractors, sublicensees or
sublessees to include this clause in all contracts with any third party who is contracted to perform
labor or services in connection with this contract. It is the obligation of the contractor to ensure
compliance by its subcontractors.
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
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5.
Special Terms and Conditions
5.1. Term of Contract
The term of this Contract will commence on or about October 1, 2024, and will continue for a
period of five (5) years thereafter.
5.2. Free on Board (FOB)
Prices quoted shall be FOB destination and delivered.
5.3. Price
All prices submitted shall be firm and fixed for the initial one-year of the contract. Thereafter, price
increases will be considered annually provided the adjustments are submitted in writing with 60
written documentation to support the increase, such as a letter from the manufacturer, published
price index, applicable change in law, etc. Price decrease requests do not require supporting
documentation and are allowed at any time during the contract term.
The City will be the sole judge in determining the allowable increase amount. Price increases
agreed to by any staff other than the Chief Procurement Officer are invalid. The Contractor
acknowledges and agrees to repay all monies paid because of a requested price increase unless
the increase was specifically approved, in writing, by the Chief Procurement Officer.
5.4. Method of Ordering
Contractor shall deliver items and/or services only upon receipt of a written purchase order. All
Contractor invoices and packing/delivery tickets must include the City of Phoenix purchase order
number.
5.5. Method of Invoicing
Invoice must be emailed in .pdf format to invoices@phoenix.gov and must include the following:
City purchase order number or shopping cart number
Items listed individually by the written description and part number
Unit price, extended and totaled
Quantity ordered, back ordered, and shipped
Applicable tax
Invoice number and date
Delivery address
Payment terms
FOB terms
Remit to address
5.6. Method of Payment
Payment
submitted to cover items received and accepted during the billing period.
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
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5.7. Partial Payments
Partial payments are authorized on individual purchase orders. Payment will be made for actual
goods and services received and accepted by the City.
5.8. Supplier Profile Changes
It is the responsibility of the Contractor to promptly update their profile in procurePHX at
https://www.phoenix.gov/procure
Officer must be notified immediately. Failure to do so may result in non-payment of invoices and
contract termination.
5.9. Estimated Quantities or Dollar Amounts (Requirements Contracts
Only)
agreement, as
determined by actual needs and availability or appropriated funds. It is expressly understood and
agreed that the resulting contract is to supply the City with its complete actual requirement for the
contract period.
5.10. Suspensions of Work
The City reserves the right to suspend work wholly or in part if deemed necessary for the best
interest of the City. This suspension will be without compensation to the Contractor, other than to
adjust the contract completion/delivery requirements.
5.11. Hours of Work
representative. Any changes to the established schedule must have prior written approval by the
5.12. Post Award Conference
A post-award conference will be held prior to commencement of any work on the project. The
purpose of this conference is to discuss critical elements of the work schedule and operational
problems and procedures.
5.13. Performance Interference
occurrence and/or condition that interferes with the full performance of the contract and confirm it
in writing within 24 hours.
5.14. Cooperative Agreement
In addition to the City and with approval of the Contractor, this contract may be extended for use
by other municipalities and government agencies in the State of Arizona.
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
32
5.15. Exclusive Possession
All services, information, computer program elements, reports, and other deliverables which may
be created under this contract are the sole property of the City of Phoenix and will not be used by
the Contractor or any other person except with prior written permission by the City.
5.16. Licenses and Permits
Contractor will keep current Federal, State, and local licenses and permits required for the
operation of the business conducted by the Contractor as applicable to this contract.
5.17. Delivery
All deliveries shall be made between the hours of 7:00 a.m. and 3:00 p.m., local time, Monday
through Friday, excluding City holidays. City holiday calendar:
https://www.phoenix.gov/calendar/holidays
5.18. Delivery / Service Ticket
Contractor shall provide a packing list or service ticket for items delivered to the City or services
provided to the City. Tickets should include the following and a legible copy shall be provided to
the City:
Date
City purchase order number
Written description of services which were provided
Itemized list of materials which were delivered, including quantity
A unique identification number and Contractor name
Signature of City employee who accepted for the materials/services
5.19. Miscellaneous Fees
Additional charges for fuel surcharges, delivery charges, dealer prep, environmental fees, waste
disposal, shop supplies, set-up, freight and/or shipping and handling, etc. will not be paid. These
costs must be incorporated in the pricing provided.
Labor rates (Shop and On-site) shall be charged as a flat hourly rate and are allowed only in
performance of services under this agreement. Travel hours and other incidental fees will not be
k-
-
5.20. Hiring of Each Other's Personnel
Without the prior written consent of the other party, each party shall not actively target for hire
personnel of the other party through the term of this Agreement and for six (6) months after the
expiration or termination of the last Statement of Work executed by the parties. This prohibition
does not apply to or affect in any way the City's standard recruitment processes. The City will not
pay a fee or owe any compensation whatsoever to the Contractor if Contractor's employee files
an employment application, competes successfully and is hired into a City position. Individuals
who are employed by Contractor agency and who are on assignment at the City may file an
application for regular City employment and be considered on the same merits and qualifications
as would all other applicants. For this reason, compensation to Contractor would not be
appropriate and not incurred if such worker succeeds in the selection process and is appointed
to a regular City position.
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
33
5.21. Single Source for Warranty Work
Contractor shall be fully responsible for all warranty work. In addition, Contractor shall have or
establish a single local Phoenix source that will accomplish or coordinate any necessary warranty
work. Contractor shall respond to requests for repairs within one business day after a verbal
request by the City.
5.22. Warranty
All equipment supplied under this contract shall be fully guaranteed by the Contractor for a
minimum period of NO VALUE years from the date of acceptance by the City. Any defects of
design, workmanship, or materials that would result in non-compliance with the contract
specifications shall be fully corrected by the Contractor (including parts and labor) without cost to
the City.
5.23. Equipment Installation
All equipment shall be completely assembled and installed by the Contractor and ready for use
5.24. Evaluation Literature
Offers submitted for products considered by the Contractor to be equal or better than the products
use to evaluate the offered products. Complete specifications, literature, illustrations, blueprints,
photos etc. describing the offered product shall be included with the Offer. Contractor shall
indicate any variation between the product offered and the literature submitted.
5.25. Industry Standards
It is intended that the manufacturer in the selection of components will use material and design
practices that are the best available in the industry for the type of operating conditions to which
the item will be subjected. Component parts shall be selected to give maximum performance,
service life and safety and not merely meet the minimum requirements of this specification. All
parts, equipment and accessories shall conform in strength, quality of material and workmanship
to recognized industry standards.
shall mean that the item to which the term is
applied shall exceed the usual quantity, quality, or capacity supplied with standard production
items and it shall be able to withstand unusual straining, exposure, temperature, wear and use.
The City reserves
Department representative, the basic unit meets the general intent of these specifications.
The product offered shall not include a major component that is of a prototype nature or has not
been in production for a sufficient length of time to demonstrate reliability.
If the specifications stated herein for component items do not comply with legal requirements, the
Contractor shall so notify the City prior to the offer opening due date.
5.26. Inspection and Acceptance
Each product delivered shall be subject to complete inspection by the City prior to acceptance.
Inspection criteria shall include, but not be limited to, conformity to the specifications, mechanical
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
34
integrity, quality, workmanship and materials. Ten business days will be allowed for this process.
If delivered items are unacceptable and returned to the Contractor prior to acceptance, an
additional five business days will be allowed for inspection when subsequent delivery occurs. It
and return the product following the corrections.
5.27. Inventory Levels
requirement. Failure to supply sufficient support may result in cancellation of the contract.
5.28. Manuals
All complete operating manuals and parts manuals are to be furnished upon delivery at no
additional cost to the City. Manuals and other materials shall show all enter specific equipment
specifications and mechanical troubleshooting in paper and electronic media.
5.29. New Equipment
All items offered shall be new equipment supplied from the manufacturer. Offers for
remanufactured/refurbished equipment will be considered as non-responsive and rejected.
5.30. Product Discontinuance
The City may award contracts for products and/or models of equipment because of this
solicitation. If a product or model is discontinued by the manufacturer, the City, in its sole
discretion, may allow the Contractor to provide a substitute for the discontinued item. Contractor
shall request permission to substitute a new product or model and will provide the following:
A formal announcement from the manufacturer that the product or model has been
discontinued.
Documentation from the manufacturer that names the replacement product or model.
Documentation that provides clear and convincing evidence that the replacement meets
or exceeds all specifications required by the original solicitation.
Documentation that provides clear and convincing evidence that the replacement will be
compatible with all functions or uses of the discontinued product or model.
Documentation from the manufacturer confirming that the price for the replacement item
will be the same as the discontinued item.
The Chief Procurement Officer will be the sole judge in determining the allowable
substitute, new product, or model change for discontinued item.
5.31. Over the Counter Purchases
To support daily operations, Contractor must be a local stocking distributor able to supply material
on a walk-in, over-the-counter basis. Most purchases will be this type. Orders may be called in or
e-mailed for will-call pickup or delivery by the Contractor. Contractor must have a purchase order
number or shopping cart number before releasing materials.
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
35
Contractor must maintain a record of the full name of the person picking up materials and their
city department. The city employee receiving the goods must sign for all items picked up, using a
complete signature and shall obtain an itemized receipt, packing slip, or delivery ticket. The
receipt, packing slip, or delivery ticket number must be referenced on the final invoice.
Contractor must be capable of retrieving information relating to invoices utilizing the purchase
order number or shopping cart number given at the time the order was placed.
5.32. Pallet Charge
All pallets supplied shall be non-refundable, no-deposit.
5.33. Pre-Delivery Inspection
Onsite inspection of the first unit may be required before delivery. The City reserves the right to
inspect the first unit at the factory. This pre-delivery inspection does not constitute final
acceptance of the product.
5.34. Removal and Trade-In of Equipment
Trade-in equipment offered in this solicitation will be as-is, where-is with no warranty either
expressed or implied as to current condition. All costs, labor, and equipment required for the
removal will be the responsibility of the Contractor.
5.35. Repair and Replacement Parts Guarantee
Following the expiration of any express or implied warranty applicable to those goods, furnished
to the City under this contract, Contractor agrees to supply the City (as well as its agents,
representatives, Contractors, and hires) with in-stock repair and replacement parts carrying a full
eed the cost it would charge if it were
contracted to service or install those repair and replacement parts.
5.36. Replacement Parts Availability
A response to this solicitation shall constitute a guarantee by the Contractor that a stock of
replacement parts for the specified equipment is locally available. Captive parts must be available
within 48 hours following the placement of an order. Contractor shall provide parts delivery, to
include deliveries on Saturday. If special handling and/or freight are required, the Contractor will
assume all charges.
5.37. Samples
Upon request, Offerors are required to furnish a sample of the goods to be supplied. Any sample
submitted shall create an express warranty that the whole of the goods shall conform to the
sample submitted. All samples become the property of the City unless designated otherwise by
the Offeror.
5.38. Start-up Supplies
All necessary supplies for initial operation shall be provided with the equipment at the time of
installation by the Contractor at no additional cost to the City.
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
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5.39. Substitution of Specified Items
Whenever in the specifications any item or process is requested or identified by manufacturer
name, proprietary name, or patent such specifications shall be used to facilitate descriptions of
item or process that is equal in every respect. However, if the item or process delivered is not, in
the opinion of the City of Phoenix, equal in every respect to the specifications, then the Contractor
must furnish the item or material that is equal, in the opinion of the City.
5.40. Training
Contractor shall include a total of N/A of onsite training for a minimum of N/A City personnel to
assure proper operation and utilization of the equipment. All manuals and other materials
necessary for the required training shall be furnished by the Contractor at no additional cost to
the City.
5.41. Communication in English
d person assigned to any City facility can speak, read,
and write in English to effectively communicate with City staff.
5.42. Contractor Assignments
The Contractor hereby agrees that any of its employees who may be assigned to a City site to
satisfy obligations under this contract shall be used exclusively for that purpose during the hours
when they are working in areas covered by this contract and shall perform no work at other City
facilities. If other services, in addition to or separate from, the services specified herein, may be
deemed necessary by the Chief Procurement Officer or his authorized representative, the
Contractor may be requested to perform the additional or special service.
5.43. Final Inspection and Approval
The Contractor
-
.
-
the authorized Department representative. Final project approval is contingent upon the City
written approval.
5.44. Service Locations
5.45. Specifications
The specifications and/or drawings associated with this project are intended to generally describe
a complete installation. Any additional materials or labor required for the complete project as
intended shall be provided by the Contractor, even if it has not been detailed in this document.
5.46. Storage Space
The Contractor may store supplies, materials and equipment in a storage area on the City facility
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
37
Contractor agrees to keep its portion of this storage area in accordance with all applicable fire
regulations. The use of City storage facilities will be on a space available basis and subject to the
No materials or equipment will be stored or temporarily set in restrooms, under stairwells or other
spaces accessible to the public. Hazardous chemicals such as solvent based strippers and
cleaners will not be stored on City property.
If storage is in an electrical closet, a minimum of 36 inches shall be provided in front of all electrical
panels. The width shall be a minimum of 30 inches or the width of the panel. The width of working
space in front of the electrical equipment shall be the width of the equipment or 30 inches,
whichever is greater. In all cases, the workspace shall permit at least a 90-degree opening of
equipment.
5.47. Telephone Use
Contractor shall be allowed job-related use of City telephone service at no cost to the Contractor
and as designated by the City for use. The Contractor will pay any cost to repair damage caused
by Contractor to the telephone equipment over and above normal wear and tear. Toll calls are
not permitted by Contractor employees.
A list of emergency telephone numbers shall be maintained at the work locations by the Contractor
and will include the Police and Fire Departments.
Personal cell phone use by Contractor employees is prohibited while performing duties under this
contract. Telephone calls from all types of phones are restricted to breaks and lunches.
Emergency calls will be placed and received at designated City telephones only. This includes
communications between Contractor Management and onsite employees.
5.48. Transition of Contract
Contractor will, without limitation, provide important information to a successor Contractor and the
City to ensure continuity of service at the required level of proficiency and agrees to provide to
the City all files, supplies, data, records, and any other properties or materials of the City, which
the City owns or has rights to pursuant to this contract and which are in the possession of
Contractor. The provisions of this section will survive the expiration or termination of this contract.
5.49. Types of Work Supervision
The Contractor shall provide onsite supervision and appropriate training to assure competent
performance of the work. Contractor or authorized agent will make sufficient daily routine
inspections to ensure the work is performed as required by this contract.
5.50. Background Screening
Contractor agrees that all Con
otherwise
all applicable laws, rules and regulations. Contractor further agrees that the background screening
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
38
is necessary to preserve and protect the public health, safety and welfare. The City requires a
completed Contract Worker Badge/Key/Intrusion Detection Responsibilities Agreement for each
Contract Worker who requires a badge or key.
5.51. Background Screening Risk Level
The City has established two levels of risk: Standard and Maximum risk. If the scope of work
changes, the City may amend the level of risk, which could require the Contractor to incur
additional contract costs to obtain background screens or badges.
5.52. Terms of This Section Applicable to all Cont
Subcontracts
Contractor will include Contract Worker background screening in all contracts and subcontracts
for services furnished under this agreement.
5.53. Materiality of Background Screening Requirements; Indemnity
The backgroun
breach of these provisions will be deemed a material breach of this contract. In addition to the
indemnity provisions set forth in this agreement, Contractor will defend, indemnify and hold
harmless the City for all claims arising out of this background screening section including, but not
limited to, the disqualifications of a Contract Worker by Contractor. The background screening
requirements are the minimum requirements for the Agreement. The City in no way warrants that
these minimum requirements are sufficient to protect Contractor from any liabilities that may arise
section. Therefore, Contractor and its Contract Workers will take any reasonable, prudent, and
necessary measures to preserve and protect public health, safety and welfare when providing
services under this Agreement.
5.54. Continuing Duty; Audit
igations and requirements will continue throughout the entire term of this
Agreement. Contractor will maintain all records and documents related to all background
5.55. Variances and Exemptions
Contract Workers who fall under the following areas may be considered exempt from this policy:
Federal Homeland Defense Bureau.
Transportation Security Administration.
Federal Aviation Administration.
Department of Public Safety (DPS) Administration presenting a current Level One
Department of Public Safety fingerprint card.
Arizona or other State Bars.
Other background checks performed within the last three to five years may be approved
if they fit all required criteria herein, at th
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
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5.56.
for Material Breach
If Contractor is required to access any City facilities without an escort, City badging is required.
ll include, but is not limited to, the following:
Contract Worker gains access to a City facility(s) without the proper badge or key;
Contract Worker uses a badge or key of another to gain access to a City facility;
Contract Worker commences services under this agreement without the proper badge,
key or background screening;
Contract Worker or Contractor submits false information or negligently submits wrong
information to the City to obtain a badge, key or applicable background screening; or
another City facility or upon the expiration, cancellation or termination of this Agreement.
Contractor acknowledges and agrees that the access control, badge and key
requirements in this section are necessary to preserve and protect the public health, safety
and welfare. Accordingly, Contractor agrees to properly cure any default under this section
within three business days (excluding weekends and City holidays) from the date notice
any default under this section will constitute a breach of this section. In addition to any
other remedy available to the City at law or in equity, the Contractor will be liable for and
pay to the City the sum of $1,000.00 for each breach by Contractor in this section. The
parties further agree that the sum fixed above is reasonable and approximates the actual
or anticipated loss to the City at the time and making of this agreement if Contractor
breaches this section. Further, the parties expressly acknowledge and agree to the fixed
sum set forth above because of the difficulty o
Contractor breaches this section. The parties further agree that three breaches by
Contractor in this section arising out of any default within a consecutive period of three
months or three breaches by Contractor in this section arising out of the same default
within a period of 12 consecutive months will constitute a material breach of this
agreement by Contractor and the City expressly reserves all of its rights, remedies and
interests under this agreement, at law and in equity including, but not limited to, termination
of this agreement.
5.57. Employee Identification and Access
Contract Workers are forbidden access to designated restricted areas. Access to each building
will be as directed by the authorized Phoenix authorized representative. Contract Workers are not
authorized access other than during scheduled hours. Access to the building will be directed by
the City's authorized representative.
Only authorized Contract Workers are allowed on the premises of the City facilities/buildings.
Contract Workers are not to be accompanied in the work area by acquaintances, family members,
assistants or any other person unless said person is an authorized Contract Worker.
Unless otherwise provided for in the scope of work:
Invitation For Bid #IFB 2425-WWT-647 (SD)
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Contract Workers must always have city issued badges and some form of verifiable
company identification (badge, uniform, employee id).
Contractor will supply a list of the names and titles of all employees requiring access to
the buildings. It is the Contractor's responsibility to provide updates and changes of
personnel as necessary.
5.58. Key Access Procedures
key issue/return form must be completed and submitted by the Contractor for each key issued.
Contractor must submit the completed key issue/return form to the appropriate badging office.
5.59. Stolen or Lost Badges or Keys
ppropriate badging
department. Prior to issuance of a new badge or key, a new badge application or key issue form
must be completed, submittal of a police department report for stolen badges, and applicable
payment of the fee(s) listed herein.
5.60. Return of Badge or Key
All badges and keys are the property of the City and must be returned to the City at the badging
office within one business day (excluding weekends and City holidays) of when the Contract
the Contract Worker
at a City facility(s); or upon termination, cancellation, or expiration of this agreement.
5.61. Badge and Key Fees
The following constitute the badge and key fees under this agreement, which shall be paid for at
City reserves the right to amend these fees upon a 30-day prior written notice to Contractor.
Initial Badge Fee:
$55.00 per application
Replacement Badge Fee:
$55.00 per badge
Lost/Stolen Badge Fee:
$55.00 per badge
Replacement Key Fee:
$55.00 per key
Replacement Locks:
$55.00 per lock
5.62. Background Screening Maximum Risk
A. Determined Risk Level: The current risk level and background screening required is
MAXIMUM RISK.
B. Maximum Risk Level: A maximum risk background screening will be performed every
five-
1. work directly with vulnerable adults or children, (under age 18); or
2. any responsibility for the receipt of payment of City funds or control of inventories,
assets, or records that are at risk of misappropriation; or
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
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3.
unescorted access to:
a. City data centers, money rooms, high-value equipment rooms; or
b. unescorted access to private residences; or
c. access to critical infrastructure sites/facilities; or
d. direct or remote access to Criminal Justice Information Systems (CJIS)
infrastructure.
C. Requirements: The background screening for maximum risk level will include a
background check for real identity/legal name and will include felony and misdemeanor
records from any county in the United States, the State of Arizona, plus any other
jurisdiction where the Contractor worker has lived at any time in the preceding seven years
may require additional checks as included herein, depending on the scope of work, and
may be amended if the scope of work changes.
5.63. Contractor Certification; City Approval of Maximum Risk Background
Screening
Unless otherwise provided for in the Scope of Work, Contractor will be responsible for:
A. determining whether Contract Worker(s) are disqualified from performing work for the City
for maximum risk level background checks; and,
B. submitting pass/fail results to the City for approval; and,
C. reviewing the results of the background check every three to five years, dependent on
scope; and,
D. to engage in whatever due diligence is necessary to make the decision on whether to
disqualify a Contract Worker; and,
E. Submitting the list of qualified Contract Workers to the contracting department; and,
F. If, upon review of the background information, the City will advise the Contractor if it
believes a Contract Worker should be disqualified. The Contractor will evaluate the
Contract Worker and if the Contractor believes that there are extenuating circumstances
that suggest that the person should not be disqualified, the Contractor will discuss those
circumstances with the contracting department. The contracting department decision on
disqualification of a Contract Worker is final.
G. For sole proprietors, the Contractor must comply with the background check for himself
and any business partners, or members or employees who will assist on the contract and
for whom the requirements of the Agreement apply.
H. By executing this agreement, Contractor certifies and warrants that Contractor has read
the background screening requirements and criteria in this section, and that all
background screening information furnished to the City is accurate and current.
I.
Workers.
J. The City will not keep records related to background checks once they are confirmed.
Information to verify the results will be returned to the Contractor, or any contracted agency
Invitation For Bid #IFB 2425-WWT-647 (SD)
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K. By executing this agreement, Contractor further certifies and warrants that Contractor has
satisfied all such background screening requirements for the maximum risk background
screening, and verified legal worker status, as required.
L. Contract Workers will not apply for the appropriate City of Phoenix identification and
access badge or key
discretion, accept or reject any or all the Contract Workers proposed by Contractor for
performing work under this Agreement. A Contract Worker rejected for work at a maximum
risk level under this agreement will not be proposed to perform work under other city
M. The Contractor will submit prior to scheduling any services, a current list of names,
addresses, and social security numbers of all employees requiring access to the facility.
The Contractor is responsible for obtaining security clearance from the Police Department
for all employees. The City reserves the right to change the restricted areas as needed.
The Contractor grants the rights to the Police Department to conduct background checks
of all employees entering the building. All employees will submit to the background check
before access to the facility is given.
N. The background checks will be conducted prior to any employee entering to work and will
be based upon information provided to the Police Department including, but not limited to:
name, address, date and place of birth, social security number, INS number if applicable,
authorized Department representative at least five business days (excluding weekends
and holidays) in advance of the need for access. T
will conduct the security check.
O. The City may, at any time, in its sole discretion, refuse to allow an employee access to an
area for any of the following reasons, but not limited to:
1. Conviction of a felony.
2. Conviction of a misdemeanor (not including traffic or parking violation).
3. Any outstanding warrants (including traffic and parking violations).
4. A person currently on parole or probation.
5. A person currently involved in an investigation.
5.64. Security Inquiries
Contractor acknowledges that all of the employees that it provides pursuant to this Contract shall,
request of the City. Contractor shall perform all such security inquiries and shall make the results
available to the City for all employees considered for performing work (including supervision and
oversight) under this Contract. City may make further security inquiries. Whether or not further
security inquiries are made by the City, City may, at its sole, absolute and unfettered discretion,
accept or reject any or all of the employees proposed by the Contractor for performing work under
this Contract. Employees rejected by the City for performing services under this Contract may still
be engaged by Contractor for other work not involving the City. An employee rejected for work
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
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under this Contract shall not be proposed to perform work under other City contracts or
The City, in its sole discretion, reserves the right, but not the obligation to:
require an employee/prospective employee of the Contractor to provide fingerprints and
execute such other documentation as may be necessary to obtain criminal justice
information pursuant to A.R.S. 41-1750 (G) (4);
act on newly acquired information whether or not such information should have been
previously discovered;
employees and/or prospective employees; and
object, at any time and for any reason, to an employee of Contractor performing work
(including supervision and oversight) under this Agreement. Contractor will bear the costs
of all inquiries requested by the City.
5.65. Air Pollution Emergency Proclamation
The City requires Contractors to provide information with their submittal, to the extent practicable,
the amount of reactive organic compounds in their products. The City requires Contractors to also
identify any products with special storage requirements or special hazards such as, reactive,
temperature, or shock sensitive, dangerous when wet or with other unusual hazards.
Contractor should advise the Procurement Officer of any substitute products which contain either
no reactive organic compounds or an amount less than that contained in the product(s) specified
in this solicitation. This notification should be provided at least ten days prior to the solicitation
due date.
5.66. Confined Space Structure Entry
Services performed under this agreement may require Contractor personnel to enter confined
spaces. Contractor will be required to furnish equipment for confined space entry and must
comply with OSHA regulation 1910.146 or most recent regulation. Contractor shall provide all
necessary personnel, supplies, and equipment to satisfy the confined space entry program
including, but not limited to, designated rescue personnel, appropriate fall protection supplies,
atmospheric monitors, and retrieval systems.
Contractor shall have a written Confined Space Entry Program that meets all Federal, State and
local regulations and will be required to submit a copy of this program to the City for review and
ram
where it is determined to be in the best interest of the City. Contractor will be required to fully
comply with the final approval Confined Space Entry Program while performing work at all City
locations.
successfully completed an accredited Confined
Space Entry Training Program and a 40-hour HAZWOPER Training Program. Certifications or
Certificates of Completion must be current.
Invitation For Bid #IFB 2425-WWT-647 (SD)
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5.67. Dust Control
Contractor shall not cause or allow any dust generating operation, use of property, or any other
operation which cause fugitive dust emissions that exceed the 20% visible emission opacity limit
emission of dust to comply with this limit.
The Contractor shall NOT use grading, blading, disking, a Gannon or like equipment to control
weeds without prior written authorization from the City's authorized Department representative.
Earthmoving activities shall be conducted in accordance with the standards and work practices
defined in Maricopa County Fugitive Dust Rule 310. Contractor shall obtain a Maricopa County
Dust Control Permit for each site where there is earthmoving on areas greater than 0.1 acres.
Contractor may submit invoices for reimbursement of dust control permit fees when necessary,
provided documentation is included to verify the fee.
The use of leaf blowers is strictly prohibited. Acceptable alternatives to leaf blowers include:
brooms, rakes, walk behind leaf vacuums, and PM-10 Compliance Sweepers. Debris shall not be
swept into the street.
5.68. Energy Star
All products provided in response to this solicitation shall be certified by the U.S. Department of
Energy or the U.S. EPA as Energy Star or are certified under the Federal Energy Management
Program and in all categories identified at energystar.gov.
5.69. Environmental Preferred Products
The City of Phoenix has adopted a Sustainable Purchasing Policy
https://www.phoenix.gov/oep/spp-about in an effort to protect human health and the
environment, reduce operating expenses, and reduce potential liability associated with the use
of hazardous materials.
The chemical products selected for use in this contract shall avoid physical and health hazards
by adhering to either of the following requirements:
EITHER meet the most current criteria of one of the following standards, as applicable:
Green Seal GS-11 (paints & coatings),
GS-34 (cleaning/degreasing agents)
GS-36 (commercial adhesives),
GS-37 (institutional cleaners),
or GS-40 (institutional floor care)
OR, meet each of the following criteria:
(pH) greater than 2.5 and less than 12.
Flashpoint greater than 150 degrees F
National Fire Prevention Association (NFPA) or Hazardous Materials Identification System
(HMIS) rating of 2 or less in each category.
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
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Maximum of 50 g/L or 5% by weight volatile organic compound (VOC) content or comply
with the California A
products (listed at California Code of Regulations 94507-94517).
Contain no known carcinogens, reproductive toxins, persistent bioaccumulative toxins
(PBTs), or ozone-depleting substances.
Contain no hazardous waste toxins listed at 40 CFR 261.24 at concentrations that could
require regulation of the material as a toxicity-characteristic hazardous waste.
The City maintains the right to request that Contractors supply certification of compliance with the
solicitation when specified in the scope of work or offer instructions.
5.70. Equipment / Safety
The Contractor shall be responsible for providing and for the placement of barricades, tarps,
plastic, flag tape, and other safetyraffic control equipment required to protect its employees, the
public, surrounding areas, equipment and vehicles. The flow of vehicular traffic shall not be
impeded at any time during this project.
is of prime concern to the City and the Contractor must take all necessary steps to assure proper
safety during the performance of the Contractor.
5.71. Hazardous Materials Requirement SDS
Contractor shall provide a copy of the current Safety Data Sheet (SDS) for the product(s) offered.
The SDS must include all chemical compounds present in concentrations greater than 0.1% for
accepted by the City. The Contractor shall provide required safety and health training for City
employees on each product offered and for proper use, storage, and disposal, when requested
by the City. The Contractor further agrees to accept returned empty containers for disposal
purposes, if and when requested by the City. The cost for any requested training and disposal of
used containers shall be included in the offered price for the product. The Contractor shall also
accept returned product that was purchased as a result of this solicitation and for which the City
no longer needs the product. Returned product will be in its original container(s), unopened, and
must be returned to the Contractor at least 45 calendar days after the end of the project. All
products must be labeled per 29CFR 1910.1200.
5.72. OSHA Laws and Regulations
Emergency Spill Response Plan: Contractor shall determine whether products selected could
require an emergency spill response plan for any hazardous material used. If such determination
is made, a plan for directing employees in proper response procedures must be submitted. At a
minimum, the response plan must address the following:
Provide a description of equipment on site available to contain and/or respond to an
emergency/spill of the material.
Notification procedures.
Response coordination procedures between Contractor and the City.
Provide a Site Plan showing the location of stored hazardous materials and location of
spill containment/response equipment.
Provide a description of the training provided to the Contractor employees.
Invitation For Bid #IFB 2425-WWT-647 (SD)
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Hazardous Materials Storage and Labeling Specifications: Contractor shall, to the satisfaction
rly and safely store all hazardous
materials, which shall include as a minimum, the following:
Have a designated storage site for hazardous material, which includes secondary
containment.
esentative clearly
identifying the hazardous materials storage site. Signage must be in language understood
-site employees.
All hazardous materials containers must be labeled according to OSHA requirements and
bear applicable NFPA or HMIS labels.
OSHA Guideline Compliance: Contractor shall comply with all applicable Federal, State, City
and local laws, regulations and rules including, but not limited to:
Safety Data Sheets
Safety
Data Sheets (SDS), or all products used, prior to beginning service in any facility.
Contractor must update copies of the SDS on an annual basis. In addition, each time a
new chemical or cleaning product is introduced into any facility, a copy of th
SDS must be provided prior to the product being used in any facility. The Safety Data
Sheets must be in compliance with OSHA Regulation 1910.1200, paragraph g.
Labeling of Hazardous Materials Contractor shall comply with the OSHA Regulation
1910.1200 paragraph f, concerning the labeling of all chemical containers
Caution Signs Contractor shall use caution signs as required by OSHA Regulation
1910.144 and 1910.145 at no cost to the City. Caution signs must be on-site during each
scheduled cleaning.
Blood Borne Pathogens
Contractor shall comply with OSHA Standard 29CFR
1910.1030 Blood Borne Pathogens as it pertains to the training, safety, and equipment
needed for all employees engaged in contracted service. Contractor shall be responsible
f
Department.
Proof of compliance with OSHA regulation 1910.1200, Hazard Communication, shall be provided
viewed by the Department
Safety Analyst for verification. Failure of the Contractor or their employees to comply with all
applicable laws and rules shall permit the City to immediately terminate resultant Contract without
liability.
SDS Notebooks: Contractor shall maintain on the site a notebook containing current (dated
within the past three years or verified as most current by manufacturer) SDS for all materials being
used on site, whether or not they are defined as a Hazardous Material. The notebook shall be
-site storage area. The notebook must be kept up-to-date as materials
are brought onto and removed from the site. A complete copy of the SDS notebook shall also be
provided to the City. New products must be approved for use by the City by providing a copy of
l. .
Invitation For Bid #IFB 2425-WWT-647 (SD)
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Non-Hazardous Materials Labeling Specifications: The Contractor shall clearly label all
packaged products, whether or not they are classified as Hazardous Materials under this Section.
representative will notify the Contractor and Contractor will within one hour clearly label the
container or remove it from the site. Any containers that are filled from larger containers must also
be labeled .
Offsite Storage of Hazardous Materials: The City encourages storage of hazardous materials
off site until the materials are needed on site. Solvent based strippers and cleaners will NOT be
stored on City property. .
Hazardous Materials Management Program Documentation: The Contractor shall make all
required documentation available immediately upon
copies of all permits obtained from environmental regulatory agencies. .
Contractor Training Requirements: The Contractor shall provide requested copies of the
requirements listed under sections e, f, g, and h of 29 CFR 1910.1200, Hazard Communications.
The Contractor must demonstrate how employees are trained in the proper use, storage, and
-site
employees.
5.73. Recovered Materials
The Resource Conservation and Recovery Act (RCRA), section 6002, requires the Environmental
Protection Agency (EPA) to designate items ("designated items") that are or can be made with
recovered materials. If the City uses at least a portion of federal funds to purchase over $10,000
worth of a designated item in a given year, the City must purchase the item containing the highest
percentage of recovered materials practicable. Contractors can refer to the EPA's Comprehensive
Procurement
Guide
(CPG)
for
product
specifications
found
at
40
CFR
247
or www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
5.74. Environmental Quality - Drinking Water and Treatment Chemicals
All materials, equipment, supplies or products that come into contact with drinking water or
drinking water treatment chemicals shall conform to American National Standards Institute
standards 60 and/or 61 as evidenced by certification from either Underwriters Laboratories or
NSF International. Contractor must provide proof of this certification if requested.
All products provided in response to this solicitation shall be certified by the U.S. EPA Water
Sense Partnership program for water efficiency.
5.75. Handling of Photographs
The US Department of Homeland Security has designated water and wastewater treatment
authorized by the WSD Security Management Unit are permitted to photograph or film Water
infrastructure, facilities, and assets which any include, but are not limited to: pay stations,
warehouses, lift stations, treatment plants, service yards, booster stations, well sites, vehicles and
related equipment and supplies.
Invitation For Bid #IFB 2425-WWT-647 (SD)
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5.76. Tax Exemption
Pursuant to A.R.S.§ 42-5061 and Phoenix City Code § 14-110, pipes or valves four inches in
diameter or larger used to transport oil, natural gas, artificial gas, water or coal slurry, including
compressor units, regulators, machinery and equipment, fittings, seals and any other part that is
used in operating the pipes or valves are exempt from the imposition of sales or use tax.
Invitation For Bid #IFB 2425-WWT-647 (SD)
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6.
Defense and Indemnification
6.1. Standard General Defense and Indemnification
any and all claims, actions, liabilities, damages, losses or expenses (including but not limited to
court costs, attorney fees, expert fees, and costs of claim processing, investigation and litigation)
le or in part,
by the wrongful, negligent or willful acts, or errors or omissions of Indemnitor or any of its owners,
his Contract. This defense and indemnity obligation
conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree.
y to defend exists
regardless of whether Indemnitor is ultimately found liable. Indemnitor must indemnify Indemnitee
from and against any and all Losses, except where it is proven that those Losses are solely a
ul acts or omissions. Indemnitor will be responsible for
primary loss investigation, defense and judgment costs where this indemnification applies. In
consideration of the award of this Contract, Indemnitor waives all rights of subrogation against
Indemnit
the City of Phoenix. The obligations of Indemnitor under this provision survive the termination or
expiration of this Contract.
Invitation For Bid #IFB 2425-WWT-647 (SD)
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7.
Insurance Requirements
7.1. Vendor's Insurance
Vendor must procure insurance against claims that may arise from or relate to performance of
the work hereunder by Vendor and its agents, representatives, employees and sub-Vendors.
Vendor must maintain that insurance until all their obligations have been discharged, including
any warranty periods under this Contract. .
The City in no way warrants that the limits stated in this section are sufficient to protect the Vendor
from liabilities that might arise out of the performance of the work under this Contract by the
Vendor, its agents, representatives, employees or subcontractors and Vendor may purchase
additional insurance as they determine necessary.
7.2. Scope and Limits of Insurance
Vendor must provide coverage with limits of liability not less than those stated below. An excess
liability policy or umbrella liability policy may be used to meet the liability limits provided that (1)
all terms under each line of coverage
below are met.
7.3. Commercial General Liability Occurrence Form
General Aggregate
$2,000,000
Products Completed Operations Aggregate
$1,000,000
Personal and Advertising Injury
$1,000,000
Each Occurrence
$1,000,000
-contributory with respect to any
insurance or self-insurance carried by the City.
7.4. Notice of Cancellation
For each insurance policy required by the insurance provisions of this Contract, the Vendor must
provide to the City, within 5 business days of receipt, a notice if a policy is suspended, voided or
cancelled for any reason. Such notice must be mailed, emailed, or hand delivered
wsdprocurement@phoenix.gov.
7.5. Acceptability of Insurers
Insurance is to be placed with insurers duly licensed or authorized to do business in the state of
The City in no way warrants that
the required minimum insurer rating is sufficient to protect the Vendor from potential insurer
insolvency.
7.6. Verification of Coverage
Vendor must furnish the City with certificates of insurance (ACORD form or equivalent approved
by the City) as required by this Contract. The certificates for each insurance policy are to be
signed by a person authorized by that insurer to bind coverage on its behalf.
All certificates and any required endorsements are to be received and approved by the City before
work commences. Each insurance policy required by this Contract must be in effect at or prior to
commencement of work under this Contract and remain in effect for the duration of the project.
Invitation For Bid #IFB 2425-WWT-647 (SD)
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Failure to maintain the insurance policies as required by this Contract or to provide evidence of
renewal is a material breach of contract.
All certificates required by this Contract must be sent directly to wsdprocurement@phoenix.gov.
The City project/contract number and project description must be noted on the certificate of
insurance. The City reserves the right to review complete copies of all insurance policies required
by this Contract at any time. DO
RISK MANAGEMENT DIVISION.
7.7. Approval
Any modification or variation from the insurance coverages and conditions in this Contract must
be documented by an executed contract amendment.
Invitation For Bid #IFB 2425-WWT-647 (SD)
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8.
Submittals
8.1. Copies
Please submit one original, N/A copies, and one electronic copy (portable drive or CD) of the
Submittal Section and all other required documentation. Please do not lock the electronic copy
with password protection so that the City may digitally incorporate the successful offer into the
awarded contract.
Please submit only the Submittal Section, do not submit a copy of the entire solicitation
document. This Offer will remain in effect for a period of 180 calendar days from the opening
8.2. Solicitation Response Check List
Use this check list as a tool to review your submission to ensure that all required documents
and forms are included.
The written offer should be:
Typewritten for ease of evaluation
Signed by an authorized representative of the Offeror
Submitted with contact information for the individual(s) authorized to negotiate with the
City
A. Pricing Proposal - A completed pricing proposal titled "Attachment A - Bid Fee Schedule,
Pumps" with all requested prices, quantities, and/or discounts completed.
B. Submittal Forms - All submittal forms are completed and signed.
C. Addenda - Signed copies of all published addenda.
Offers must be in possession of the Department on or prior to the exact time and date indicated
in the Schedule of Events. Late offers will not be considered. Electronic submission is preferred.
Due to file size limitations for electronic transmission, offers sent by email may need to be sent
in parts with multiple emails. It is the responsibility of the Offeror to ensure that the offer is
received timely and that there are no technical reasons for delay. Please refer to the Instructions
Section for complete information regarding the submission of offers.
8.3. Additional Quantities
The City anticipates considerable activity under the resultant contract(s). However, no
guarantee can be made as to actual pumps, new, repair, parts, and accessories , that will be
purchased under this contract. The City reserves the right to add, change or delete quantities or
items as circumstances may require.
Note: Offers taking exception to this option for additional quantities clause shall indicate in their
offer.
8.4. Catalogs and Price Lists
must identify the catalog that will be in effect at the commencement of the contract and from
be informed 60 days in advance of any new price list or catalogs and the respective date(s). Any
Invitation For Bid #IFB 2425-WWT-647 (SD)
Title: Pumps, New, Repair, Parts, and Accessories
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terms and conditions contained in the parts price list(s) or product catalog(s) submitted shall not
r, list price and discount percentage, net price extended and
price listing for any item(s) invoiced.
8.5. Discount
All discounts offered shall be firm and fixed for the specified contract period. Discounts offered
must be expressed as a single percentage (%) figure for each contract item. Offers containing
chain or multiple discounts may be considered non-responsive.
SOLICITATION ADDENDUM
Page 1 of 4
CITY OF PHOENIX
Water Services Department
200 W. Washington Street
9th Floor
Phoenix, AZ 85003
Solicitation Number: IFB 2425-WWT-647 (SD)
Addendum # 1
Addendum posted date: 7/18/2024
Solicitation Due Date: 07/25/2024, 2:00 p.m., Phoenix Local Time
Pumps, New, Parts, Repair, and Accessories
This addendum incorporates the following changes into the subject solicitation:
I. This addendum revises the Instructions of the subject solicitation as follows:
Section 1.
Introduction, Paragraph 1.4.
Timeline, extends the Offer Due
Date to: Thursday, July 25, 2024, at 2:00 P.M. (Local Phoenix Time).
II. This addendum revises the Section 5
Paragraph 5.22.
Warranty of the subject solicitation as follows:
5.22. Warranty
All equipment supplied under this contract shall be fully guaranteed by the Contractor
for a minimum period of 12 months from the date of acceptance by the City. Any
defects of design, workmanship, or materials that would result in non-compliance with
the contract specifications shall be fully corrected by the Contractor (including parts
and labor) without cost to the City.
III. This addendum answers the following questions, which the City of Phoenix received
pre-proposal conference:
1. Question: Which standards listed below apply to the pumps or other products the
city of Phoenix procures?
American Iron and Steel
AIS
American Water Works Association
AWWA
Build America, Buy America
BABA
National
tion
NEMA
National Science Foundation
NSF 61
Answer: Please refer to Section 3 -Scope of Work, Paragraph 3.3 Standards,
The Contractor shall comply with all applicable standards, including but not limited
to, the American National Standards Institute (ANSI), International Standards
(ISO), state, local and manufacturer operating procedures and general Industrial
Standards for Industrial Pumps as they apply to the specific pump. Paragraph
3.4. - New Pumps and New Pump Parts Requirements,
A. The Contractor shall provide new pumps and new pump parts in accordance
with the purchase order. Parts include but are not limited to motors, impellers,
seals, bearings, fasteners, gears, shafts, gaskets, seals, filters, brackets, nuts,
strainers, and tubes.
B. New pumps and new pump parts shall be warrantied and conform to National
Electrical Manufacturers Association (NEMA) standards, American National
SOLICITATION ADDENDUM
Page 2 of 4
CITY OF PHOENIX
Water Services Department
200 W. Washington Street
9th Floor
Phoenix, AZ 85003
Solicitation Number: IFB 2425-WWT-647 (SD)
Addendum # 1
Addendum posted date: 7/18/2024
Solicitation Due Date: 07/25/2024, 2:00 p.m., Phoenix Local Time
Standards Institute (ANSI), International Standards (ISO), and general Industrial
Standards for industrial pumps as they apply to the specific pump.
C. The Contractor shall be responsible for implementing all final settings and
D. The Contractor will deliver and pick-up equipment from any City location
identified on the purchase order. Delivery includes unloading the equipment at the
designated location.
2. Question: Can you please clarify if we can quote equal pump manufacturers for
the above referenced bid?
Answer: Please refer to Attachment A
Fee Schedule, Tab 4, Paragraph 2, for
2. There are additional lines for Manufactures that are not listed but would like
for the City to consider. Fill in the Manufacture's Name, Authorized to distribute
and/or repair for Manufacturer, Manufacturer's Catalog Date of Issue,
Manufacturer's Published Price List Date of Issue, Percentage of Discount from
Manufacturer's Published Price List, Length of Warranty, and Lead Time in
calendar days from receipt of a purchase order to delivery.
3. Question: Will there be multiple "winners" of the contract?
Answer: Refer to Section 2
Instructions, Paragraph 2.22.
In
accordance with the City of Phoenix Code, Chapter 43, Section 43-12, Competitive
Sealed Bidding, award(s) shall be made to the lowest responsible and responsive
offeror(s) whose offer conforms in all material respects to the requirements set
forth in this solicitation. The City reserves the right to award a contract by individual
line items, by group, all or none, or any other combination most advantageous to
the City. The City reserves the right to multiple award.
4. Question: Can you please provide the previous contract holder(s) and what their
rates were?
Answer: : For clarification on requesting public records, refer to Section 2
Instructions, Paragraph 2.19., Public Record -
to this solicitation will become the property of the City and become a matter of
public record available for review pursuant to Arizona State law. If an Offeror
believes that a specific section of its Offer response is confidential, the Offeror will
isolate the pages marked confidential in a specific and clearly labeled section of
its Offer response. An Offeror may request specific information contained within its
Offer is treated by the Procurement Officer as confidential provided the Offeror
SOLICITATION ADDENDUM
Page 3 of 4
CITY OF PHOENIX
Water Services Department
200 W. Washington Street
9th Floor
Phoenix, AZ 85003
Solicitation Number: IFB 2425-WWT-647 (SD)
Addendum # 1
Addendum posted date: 7/18/2024
Solicitation Due Date: 07/25/2024, 2:00 p.m., Phoenix Local Time
confidential. Once the procurement file becomes available for public inspection,
the Procurement Officer will not make any information identified by the Offerors as
process or if specifically requested in accordance with applicable public records
law. When a public records request for such information is received, the
Procurement Officer will notify the Offeror in writing of any request to view any
the notice to obtain a court order enjoining such disclosure. If the Offeror does not
provide the Procurement Officer with a court order enjoining release of the
information during the designated time, the Procurement Officer will make the
5. Question: The parts below are not detailed enough to fully determine the price as
you can tell we need the part number more fully determined by the mechanics?
We need a more complete number to be able to quote accurately or we will have
to otherwise no bid these items and try and sort them out later?
Moyno:
The following items are not detailed enough to price correctly:
Line 3 A1F6200
this could be; TSSA1F6200 or SPA1F6200 or
SAA1F6200 or ASA1F6200 or TASS1F6200 or SSA1F6200 These items
range from $350 to $5000 in List Price
Line 41 A1F6100
this could be; SSA1F6100 or SAS1F6100 These parts
range from $125 to $690 in List Price
Line 64 AE03641 - This has one too many numbers. The vendor could not
identify the part by the description or number provided.
Trillium (Wemco):
On item 7295-K03R noted as being a Lockscrew, however, the factory could
not determine the part by the number in order to provide a price.
Please provide some guidance as to how to proceed with these particular items.
Answer: Please refer Attachment A Price Schedule, Tab 1 Instructions, for bid
clarification. Refer to Tab 4
Manufacturer Discounts to include a manufacturer
product lines your entity can distribute for any parts not currently list on Tab 3
Core Line Items.
SOLICITATION ADDENDUM
Page 4 of 4
CITY OF PHOENIX
Water Services Department
200 W. Washington Street
9th Floor
Phoenix, AZ 85003
Solicitation Number: IFB 2425-WWT-647 (SD)
Addendum # 1
Addendum posted date: 7/18/2024
Solicitation Due Date: 07/25/2024, 2:00 p.m., Phoenix Local Time
All other terms and conditions remain unchanged.
Offeror is required to sign and return addendum with their offer.
Name of Company:
Address:
Print Name and Title:
Authorized Signature:
SOLICITATION ADDENDUM
Page 1 of 1
CITY OF PHOENIX
Water Services Department
200 W. Washington Street
9th Floor
Phoenix, AZ 85003
Solicitation Number: IFB 2425-WWT-647 (SD)
Addendum # 2
Addendum posted date: 7/23/2024.
Solicitation Due Date: 07/31/2024, 2:00 p.m., Phoenix Local Time
Pumps, New, Parts, Repair, and Accessories
This addendum incorporates the following changes into the subject solicitation:
I. This addendum revises the Instructions of the subject solicitation as follows:
Section 1.
Introduction, Paragraph 1.4.
Timeline extends the Offer Due
Date to: Wednesday, July 31, 2024, at 2:00 P.M. (Local Phoenix Time).
All other terms and conditions remain unchanged.
Offeror is required to sign and return addendum with their offer.
Name of Company:
Address:
Print Name and Title:
Authorized Signature:
SOLICITATION ADDENDUM
Page 1 of 1
CITY OF PHOENIX
Water Services Department
200 W. Washington Street
9th Floor
Phoenix, AZ 85003
Solicitation Number: IFB 2425-WWT-647 (SD)
Addendum # 3
Addendum posted date: 7/31/2024.
Solicitation Due Date: 08/6/2024, 2:00 p.m., Phoenix Local Time
Pumps, New, Parts, Repair, and Accessories
This addendum incorporates the following changes into the subject solicitation:
I. This addendum revises the Instructions of the subject solicitation as follows:
Section 1.
Introduction, Paragraph 1.4.
Timeline extends the Offer Due
Date to: Tuesday, August 6, 2024, at 2:00 P.M. (Local Phoenix Time).
All other terms and conditions remain unchanged.
Offeror is required to sign and return addendum with their offer.
Name of Company:
Address:
Print Name and Title:
Authorized Signature:
Page 1 of 1
OFFER
(please complete, sign, and return with the submittal)
TO THE CITY OF PHOENIX - The Undersigned hereby offers and agrees to furnish the material
and or service(s) in compliance with all terms, conditions, specifications, and addenda issued as
a result of a solicitation.
Arizona Sales Tax No.
Use Tax No. for Out-of-State Suppliers
City of Phoenix Sales Tax No.
Arizona Corporation Commission File No.
_______________________________________
_______________________________________
_______________________________________
_______________________________________
Offeror agrees to
provide its federal taxpayer identification number or as applicable its social security number to
the City of Phoenix for the purposes of reporting to appropriate taxing authorities, monies paid
by the City of Phoenix under the awarded contract. If the Offeror provides its social security
number, the City will only share this number with appropriate state and federal officials. This
submission is mandatory under 26 U.S.C. § 6041A.
2
INSTRUCTIONS -
Offeror has read, understands, and will fully and faithfully comply with this solicitation, its
attachments and any referenced documents. Offeror certifies that the prices offered were
independently developed without consultation with any other Offeror or potential Offerors.
____________________________________
Authorized Signature
____________________________________
Print Name and Title
(President, Manager, Member)
____________________________________
Date
____________________________________
Offeror Legal Name and Company Type
(LLC, Inc., Sole Proprietor)
Name of Company:
__________________________________________________
Address:
__________________________________________________
Authorized Signature:
__________________________________________________
Print Name and Title:
__________________________________________________
21374684
23117400
7/23/2024
Gabrial Ramirez, President
Arizona Pump Resources LLC
Arizona Pump Resources
3645 E. Atlanta Ave., Suite 1, Phoenix, AZ 85040
Gabrial Ramirez, President
V3551330
Page
of
CONFLICT OF INTEREST AND TRANSPARENCY FORM
(please complete, sign, and return with the submittal)
This form must be signed and submitted to the City and all questions must be answered (or N/A) or
your Offer may be considered non-responsive.
1.
Name of person submitting this disclosure form.
First
MI
Last
Suffix
2.
Contract Information
Solicitation # or Name:
3.
Name of individual(s) or entity(ies) seeking a contract with the City (i.e. parties to the Contract)
4.
List any individuals(s) or entity(ies) that are owners, partners, parent, sublessees, joint venture,
or subsidiaries of the individual or entity listed in Question 3. Please include all Board members,
executive committee members and officers for each entry. If not applicable, indicate N/A.
5.
List any individuals or entities that will be subcontractors on this contract or indicate N/A.
Subcontractors may be retained, but not known as of the time of this submission.
List of subcontracts, including the name of the owner(s) and business name:
6.
List any attorney, lobbyist, or consultant retained by any individuals listed in Questions 3, 4, or 5
to assist in the proposal or seeking the resulting contract. If none, indicate N/A.
IFB 2425-WWT-647(SD)
Gabrial E. Ramirez
Arizona Pump Resources LLC
Gabrial Ramirez
John Proctor
Mark Rodriguez
Raymond Gonzales
N/A
Page
of
7.
Disclosure of Conflict of Interest:
A. City Code Section 43-34
Are you aware of any fact(s) with regard to this solicitation or resulting contract that would
-34?
compensation before the City regarding any part of a procurement, including any resulting
contract, if during the time the elected official is or was in office or the employee is or was
employed by the City such elected official or employee played a material or significant role in
I am not aware of any conflict(s) of interest under City Code Section 43-34.
I am aware of the following potential or actual conflict(s) of interest:
B. ARS Sections 38-501 et. Seq. & City Charter Chapter 11
State law and the Phoenix City Charter and Code prohibit public officers or employees, their close
relatives, and any businesses they, or their relatives, own from (1) representing before the City any
person or business for compensation, (2) doing business with the City by any means other than
through a formal procurement, and (3) doing business with the City without disclosing that the
person has an interest in the contract. This prohibition extends to subcontracts on City contracts and
also applies to parent, subsidiary, or partner businesses owned by a public officer or employee. See
A.R.S. Sections 38-501 through 38-511, for more information (City Charter, Chapter 11, applies the
state conflict-of-interest law to City employees).
Please note that any contract in place at the time a person becomes a public officer or employee
may remain in effect. But the contract may not be amended, extended, modified, or changed in any
strative
regulations.
-501 through 38-511 (See Arizona Revised
Statutes regarding conflict of interest at www.azleg.gov).
I am not aware of any conflict(s) of interest under Arizona Revised Statutes Sections
38-501 through 38-511.
I am aware of the following conflict(s) of interest:
Page
of
8.
Acknowledgements
A.Solicitation Transparency Policy
No Contact with City Officials or Staff During Evaluation
I understand that a person or entity who seeks or applies for a city contract, or any other
person acting on behalf of that person or entity, is prohibited from contacting city officials and
employees regarding the contract after a solicitation has been posted.
-
meeting. If contact is required with City official or employees, the contact will take place in
accordance with procedures by the City. Violation of this prohibited contacts provision, set
out in City Code Sections 2-190.4 and 43-36, by respondents, or their agents, will lead to
disqualification.
B.Fraud Prevention and Reporting Policy
I acknowledge that the City has a fraud prevention and reporting policy and takes fraud
seriously. I will report fraud, suspicion of fraud, or any other inappropriate action to:
telephone no. 602-261-8999 or 602-534-5500 (TDD); or aud.integrity.line@phoenix.gov.
The purpose of the fraud policy is to maintain the City's high ethical standards. The policy includes a
way for our business partners to report wrongdoing or bad behavior. Suspected fraud should be
reported immediately to the Phoenix Integrity Line. The City has adopted a zero-tolerance policy
regarding fraud.
OATH
I affirm that the statements contained in this form, including any attachments, to the best of my
knowledge and belief are true, correct, and complete.
Should any of the answers to the above questions change during the course of the contract,
particularly as it relates to any changes in ownership, applicant agrees to update this form with the
new information within 30 days of such changes. Failure to do so may be deemed a breach of
contract.
PRINT NAME
TITLE
SIGNATURE
DATE
COMPANY (CORPORATION, LLC, ETC.) NAME and DBA
Gabrial Ramirez
President
7/31/2024
Arizona Pump Resources LLC
COSTS AND PAYMENTS
(please complete and return with the submittal)
PAYMENT TERMS & OPTIONS: Vendors must choose an option, if a box is not checked, the
City will default to 0% - net 45 days:
____ Contractor offers a prompt payment discount of either ______% - 30 days or 0%
45
days - to apply after receipt of invoice or final acceptance of the products (invoice approval),
whichever date is later, starts the 30 days. If no prompt payment discount is offered, the default
is 0%, net 45 days; effective after receipt of invoice or final acceptance of the products,
whichever is later. Payment terms offering a discount will not be considered in the price
evaluation of your offer.
____ Contractor may be paid immediately upon invoice approval, if enrollment is made to the
checking this box, the vendor accepts transaction costs charged by their merchant bank and
agrees not to transfer to the City those extra charges. The City will not pay an increase in our
services for the SUA charges; if an audit uncovers an upcharge for the SUA charges the vendor
will owe the City all costs. The vendor may opt-out of the SUA program once, but then may not
rejoin during the same contract term. For more information about the SUA program or to
enroll, send email to mailbox.sua@phoenix.gov.
Page
of 1
Page
of 1
EMERGENCY 24-HOUR SERVICE CONTACT
(please complete and return with the submittal)
Contact Name:
__________________________________________________
Telephone Number:
__________________________________________________
Alternate Contact:
__________________________________________________
Telephone Number:
__________________________________________________
Gabrial Ramirez
602.390.6785
Mark Rodriguez
602.717.0605
Page
of 1
CONTRACTOR LICENSING REQUIREMENTS
(please complete and return with the submittal)
Offeror shall comply with all statutes and rules of the State of Arizona and the Registrar of
Contractors. In accordance with A.R.S. § 32-1151, and unless otherwise exempted by A.R.S. §
32-1121, Offeror shall have the correct class of license as required by the Registrar of
Contractors for the work specified, at the time of offer submission.
Offeror certifies possession of the following license:
Lice
Class
License Number.
Expiration Date
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
N/A
N/A
N/A
N/A
Page
of 1
CONTRACTOR INFORMATION
(please complete and return with the submittal)
Company Name
Street/Mailing Address
City, State, Zip Code
Contact Person
Telephone Number
Email Address
Arizona Sales Tax No.
City of Phoenix Sales Tax
No.
Arizona Corporation
Commission File No.
No.
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
Arizona Pump Resources
3645 E. Atlanta Ave., Suite 1
Phoenix, AZ 85040
Gabrial Ramirez
(602)390-6785
gramirez@azpumpservices.com
21374684
23117400
V3551330
Page
of 1
PLACE OF BUSINESS
(please complete and return with the submittal)
and handling costs. If additional service locations are available or if different from the address in
the Offer Section, enter below:
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
ACCEPTANCE OF OFFER
The Offer is hereby accepted.
The Contractor is now bound to sell the material(s) or service(s) listed by the attached contract
and based upon the solicitation, including all terms, conditions, specifications, amendments, etc.
This contract shall henceforth be referred to as Contract No. ____________. The Contractor
has been cautioned not to commence any billable work or provide any material or service under
this contract until Contractor receives purchase order, or contract documentation.
CITY OF PHOENIX
A Municipal Corporation
Jeffrey Barton, City Manager
_________________________________
Director or delegate:
Title:
Department
Attest:
__________________________________
this date: _____________________
City Clerk
Approved as to form this 19th day of January 2017. This document has been approved as to
form by the City Attorney and is on file with the City Clerk. It need not be submitted to the City
Attorney for approval unless the form document is altered.
Page 1
of 1
Troy Hayes
Water Services
Water Services Director
EXHIBIT _
SUPPLEMENTAL TERMS AND CONDITIONS
TO ALL AIRPORT AGREEMENTS
1.
Definitions
1.1
"Airport" means Phoenix Sky Harbor International Airport, Phoenix Deer
Valley Airport, and/or Phoenix Goodyear Airport, according to the context of the contract.
1.2
"Contract" means all City of Phoenix Aviation Department contracts,
subcontracts, agreements, leases, subleases, licenses, permits, concessions, and other
documents, however denominated, that grant or convey a right or privilege on an Airport
and to which this Exhibit is attached.
1.3
"Contractor" means all lessees, sublessees, licensees, permittees,
consultants, concessionaires and other persons, firms, or corporations exercising a right
or privilege on an Airport pursuant to a Contract and includes Contractor's heirs, personal
representatives, successors, and assigns.
1.4
"Premises" means the area of an Airport occupied or used by Contractor
pursuant to a Contract.
2.
Federal Aviation Administration (FAA) Grant Assurances
2.1
Title VI of the Civil Rights Act of 1964 – Compliance with
Nondiscrimination Requirements – 49 U.S.C. § 47123 and FAA Order
1400.11
During the performance of this Contract, Contractor agrees as follows:
A.
Compliance with Regulations. Contractor will comply with the Title
VI List of Pertinent Nondiscrimination Acts and Authorities (as provided in Section 7
below), as it may be amended from time to time, which is incorporated herein by reference
and made a part of this Contract.
B.
Nondiscrimination. With regard to the work performed by it under
this Contract, Contractor will not discriminate on the grounds of race, color, or national
origin in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. Contractor will not participate, directly or indirectly,
in the discrimination prohibited by the Title VI List of Pertinent Nondiscrimination Acts and
Authorities, including employment practices when this Contract covers any activity,
project, or program set forth in Appendix B of 49 C.F.R. Part 21.
C.
Solicitations for Subcontracts, Including Procurements of
Materials and Equipment. In all solicitations, either by competitive bidding or
negotiation, made by Contractor for work to be performed under a subcontract, including
A
procurements of materials or leases of equipment, each potential subcontractor or
supplier will be notified by Contractor of Contractor's obligations under this Contract and
the Title VI List of Pertinent Nondiscrimination Acts and Authorities on the grounds of
race, color, or national origin.
D.
Information and Reports. The Contractor will provide all
information and reports required by the Title VI List of Pertinent Nondiscrimination Acts
and Authorities, and directives issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined
by the City of Phoenix or the FAA to be pertinent to ascertain compliance with the Title VI
List of Pertinent Nondiscrimination Acts and Authorities and instructions. Where any
information required of Contractor is in the exclusive possession of another who fails or
refuses to furnish the information, Contractor will so certify to the City of Phoenix or the
FAA, as appropriate, and will set forth what efforts Contractor has made to obtain the
information.
E.
Sanctions for Noncompliance. In the event of Contractor's
noncompliance with the nondiscrimination provisions of this Contract, the City of Phoenix
will impose such Contract sanctions as it or the FAA may determine to be appropriate,
including:
(i) Withholding payments to Contractor under this Contract until
Contractor complies, and/or
(ii) Cancelling, terminating, or suspending this Contract, in whole or
in part.
F.
Covenant Running with the Land. Contractor for itself and its heirs,
personal representatives, successors, and assigns, as a part of the consideration for this
Contract, hereby covenants and agrees that, in the event facilities are constructed,
maintained, or otherwise operated on the property described in this Contract for a purpose
for which a FAA activity, facility, or program is extended or for another purpose involving
the provision of similar services or benefits, Contractor will maintain and operate such
facilities and services in compliance with all requirements imposed by the
Nondiscrimination Acts and Regulations listed in the Title VI List of Pertinent
Nondiscrimination Acts and Authorities (as may be amended) such that no person on the
grounds of race, color, or national origin will be excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination in the use of said facilities. In the
event of a breach of any of the above Nondiscrimination covenants, the City of Phoenix
will have the right to terminate this Contract and to enter, re-enter and repossess the
property and facilities thereon and hold the same as if this Contract had never been made
or issued.
G.
Incorporation of Provisions. Contractor will include the provisions
of paragraphs A through F in every subcontract, including procurements of materials and
leases of equipment, unless exempt by the Title VI List of Pertinent Nondiscrimination
Acts and Authorities, the Regulations, and directives issued pursuant thereto. Contractor
will take action with respect to any subcontract or procurement as the City of Phoenix or
the FAA may direct as a means of enforcing such provisions, including sanctions for
noncompliance, provided, however, that if Contractor becomes involved in, or is
threatened with litigation by a subcontractor or supplier because of such direction,
Contractor may request the City of Phoenix to enter into any litigation to protect the
interests of the City of Phoenix. In addition, Contractor may request the United States to
enter into the litigation to protect the interests of the United States.
2.2
General Civil Rights Provisions – 49 U.S.C. § 47123
A.
Sponsor Contracts. Contractor agrees to comply with pertinent
statutes, executive orders, and such rules as are promulgated to ensure that no person
shall, on the grounds of race, creed, color, national origin, sex, age, or disability, be
excluded from participating in any activity conducted with or benefiting from federal
assistance. This provision binds Contractor and subtier contractors from the bid
solicitation period through the completion of this Contract. This provision is in addition to
that required of Title VI of the Civil Rights Act of 1964.
B.
Sponsor
Lease
Agreements
and
Transfer
Agreements.
Contractor agrees to comply with pertinent statutes, executive orders, and such rules as
are promulgated to ensure that no person shall, on the grounds of race, creed, color,
national origin, sex, age, or disability, be excluded from participating in any activity
conducted with or benefiting from federal assistance, including Section 504 of the
Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. If Contractor
transfers its obligations to another, then the transferee is obligated in the same manner
as Contractor. This provision obligates Contractor or its transferee for the period during
which the property is owned, used, or possessed by Contractor and the City of Phoenix
remains obligated to the FAA. This provision is in addition to that required by Title VI of
the Civil Rights Act of 1964.
2.3
Economic Nondiscrimination – 49 U.S.C. § 47107
In any Contract under which a right or privilege on the Airport is granted to a
Contractor to conduct or to engage in any aeronautical activity for furnishing services to
the public, Contractor shall:
A.
Furnish its services on a reasonable, and not unjustly discriminatory
basis to all users of the Airport, and
B.
Charge reasonable, and not unjustly discriminatory prices for each
unit or services, provided that Contractor may be allowed to make reasonable and non-
discriminatory discounts, rebates, or other similar types of price reductions to volume
purchasers. Non-compliance with this requirement shall be a material breach of this
Contract for which the City of Phoenix shall have the right to terminate this Contract and
any estate created herewith without liability therefor or, at the election of the City of
Phoenix or the United States shall have the right to judicially enforce said requirement.
2.4
Disadvantaged Business Enterprise Requirements – 49 C.F.R. Part
26
A.
Contract Assurance (§ 26.13). To the extent that this Contract is
covered by 49 C.F.R. Part 26, Contractor agrees that this Contract is subject to the
requirements of the U.S. Department of Transportation regulations at 49 C.F.R. Part 26.
Contractor or its subcontractor shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this Contract. Contractor shall carry out applicable
requirements of 49 C.F.R. Part 26 in the award and administration of DOT-assisted
contracts. Failure by Contractor to carry out these requirements is a material breach of
this Contract, which may result in the termination of this Contract or such other remedy
as the City of Phoenix deems appropriate, which may include (i) withholding monthly
progress payments, (ii) assessing sanctions, (iii) liquidated damages, and/or (iv)
disqualifying Contractor from future bidding as non-responsible. Contractor agrees to
include the foregoing statement in any subsequent contract that it enters into and cause
those businesses to similarly include the statement in further agreements.
B.
Prompt Payment (§ 26.29).
Contractor agrees to pay each
subcontractor under this Contract for satisfactory performance of its contract not later
than seven (7) days from the receipt of each payment Contractor receives from City of
Phoenix. Contractor agrees further to return retainage payments to each subcontractor
within seven (7) days after the subcontractor’s work is satisfactorily completed. Any delay
or postponement of payment from the above-referenced time frame may occur only for
good cause following written approval of the City of Phoenix. This clause applies to both
DBE and non-DBE subcontractors.
2.5
Airport Concessions Disadvantaged Business Enterprise
Requirements – 49 C.F.R. Part 23
Contract Assurance (§ 23.9).
To the extent that this Contract is a
concession agreement covered by 49 C.F.R. Part 23, Contractor agrees that it will not
discriminate against any business owner because of the owner's race, color, national
origin, or sex in connection with the award or performance of any concession agreement,
management contract, or subcontract, purchase or lease agreement, or other agreement
covered by 49 C.F.R. Part 23. Contractor agrees to include the above statements in any
subsequent concession agreement or contract covered by 49 C.F.R. Part 23 that it enters
into and cause those businesses to similarly include the statements in further
agreements.
2.6
Miscellaneous
A.
Contractor agrees that it will undertake an affirmative action plan in
conformance with 14 C.F.R. Part 152, Subpart E (Nondiscrimination in Airport Aid
Program), to ensure that no person shall on the grounds of race, creed, color, national
origin, or sex be excluded from participating in any employment, contracting, or leasing
activities covered in 14 C.F.R. Part 152, Subpart E. Contractor assures that no person
will be excluded on such grounds from participating in or receiving the services or benefits
of any program or activity covered by Subpart E. Contractor further agrees that it will
require its covered suborganizations to provide assurances to Contractor that they
similarly will undertake affirmative action programs and that they will require like
assurances from their suborganizations as required by 14 C.F.R. Part 152, Subpart E.
B.
City of Phoenix reserves the right to further develop, improve, repair,
and alter the Airport and all roadways, parking areas, terminal facilities, landing areas,
and taxiways, as it may reasonably see fit, free from any and all liability to Contractor for
loss of business or damages of any nature whatsoever to Contractor occasioned during
the making of such improvements, repairs, alterations, and additions.
C.
The City of Phoenix reserves the right, but is not obligated to
Contractor, to maintain and keep in repair the landing area of the Airport and all publicly-
owned facilities of the Airport, together with the right to direct and control all activities of
Contractor in this regard.
D.
Contractor acknowledges that this Contract is subordinate to any
existing or future agreement between the City of Phoenix and the United States
concerning the development, operation, or maintenance of the Airport. If the FAA or its
successors require modifications or changes in the Contract as a condition to obtaining
funds for improvements at the Airport or as a requirement of any prior grants, Contractor
hereby consents to any and all such modifications and changes as may be reasonably
required and agrees that it will adopt any such modifications and changes as part of this
Contract.
E.
This Contract is subordinate to the reserved right of the City of
Phoenix and its successors and assigns to occupy and use for the benefit of the public
the airspace above the Premises for the right of flight for the passage of aircraft. This
public right of flight includes the right to cause in the airspace any noise inherent in the
operation of any aircraft through the airspace or in landing at, taking off from, or operating
at an Airport.
F.
Contractor agrees to comply with the notification and review
requirements, as required by 14 C.F.R. Part 77 (Safe, Efficient Use, and Preservation of
the Navigable Airspace), if future construction of a structure is planned for the Premises
or a planned modification of a structure on the Premises. Contractor shall submit the
required FAA Form 7460-1 (Notice of Proposed Construction or Alteration) and provide
documentation showing compliance with the federal requirements. After the FAA has
completed the aeronautical study, Contractor shall provide to the City of Phoenix the FAA
determination letter on proposed construction and any impact to air navigation.
Contractor covenants for itself and its successors and assigns that it will not erect or
permit the erection of any structure or permit the growth of any tree on the Premises
above the mean sea level elevation for (1) Phoenix Sky Harbor International Airport, 1,134
feet, (2) Phoenix Goodyear Airport, 968 feet, and (3) Phoenix Deer Valley Airport, 1,476
feet. As a remedy for the breach of the covenant, the City of Phoenix reserves the right
to enter the Premises and remove the offending structure or cut the offending tree at
Contractor’s expense.
G.
Contractor, by accepting this Contract, covenants for itself and its
successors and assigns, that no use will be made of the Premises that might in any
manner interfere with the landing and taking off of aircraft from the Airport or otherwise
constitute a hazard to air navigation. As a remedy for the breach of the covenant, the
City of Phoenix reserves the right to enter the Premises and abate the interference at
Contractor’s expense.
H.
Contractor agrees that nothing in this Contract may be construed to
grant or authorize the granting of an exclusive right within the meaning of 49 U.S.C. §
40103(e) (No exclusive rights at certain facilities).
I.
This Contract is subordinate to whatever rights the United States now
has or in the future may acquire affecting the control, operation, regulation, and taking-
over of the Airport or the exclusive or non-exclusive use of the Airport by the United States
during a time of war or national emergency.
J.
If this Contract involves construction, Contractor shall carry out the
project in accordance with FAA airport design, construction, and equipment standards
and specifications current on the date of project approval.
K.
Contractor is encouraged to use fuel and energy conservation
practices.
3.
Immigration Reform and Control Act of 1986 (IRCA)
Contractor agrees that IRCA (Public Law 99-603) applies to it. Contractor shall
comply with the provisions of IRCA as it applies to its activities under this Contract and to
permit the City of Phoenix to inspect its personnel records to verify its compliance.
4.
Conflict of Interest
Contractor agrees that the City of Phoenix may cancel this Contract pursuant to
Arizona Revised Statutes (A.R.S.) § 38-511 (Cancellation of political subdivision and state
contracts).
5.
Legal Worker Requirements
The City is prohibited by A.R.S. § 41-4401 from awarding an agreement to any
contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A)
(Verification of employment eligibility; e-verify program). Therefore, Contractor agrees
that:
A.
Contractor and each subcontractor it uses warrants their compliance
with all federal immigration laws and regulations that relate to their employees and their
compliance with § 23-214(A).
B.
A breach of warranty under paragraph A above shall be deemed a
material breach of this Contract and is subject to penalties up to and including termination
of the Agreement.
C.
The City of Phoenix retains the legal right to inspect the papers of
Contractor or its subcontractor employees who work on this Contract to ensure that
Contractor or its subcontractors are complying with the warranty under paragraph A
above.
6.
City of Phoenix Equal Employment Opportunity Requirement
6.1
If Contractor is by this Contract a supplier to or lessee of the City, then the
requirements of the Phoenix City Code, Chapter 18, Article V applies, including the
agreement that:
“Any supplier/lessee in performing under this contract shall not discriminate
against any worker, employee or applicant, or any member of the public,
because of race, color, religion, sex, national origin, age, or disability, nor
otherwise commit an unfair employment practice. The supplier and/or
lessee shall ensure that applicants are employed, and employees are dealt
with during employment without regard to their race, color, religion, sex,
national origin, age, or disability, and shall adhere to a policy to pay equal
compensation to men and women who perform jobs that require
substantially equal skill, effort, and responsibility, and that are performed
within the same establishment under similar working conditions. Such
action shall include but not be limited to the following: employment,
promotion, demotion or transfer, recruitment or recruitment advertising,
layoff or termination; rates of pay or other forms of compensation; and
selection for training; including apprenticeship. The supplier further agrees
that this clause will be incorporated in all subcontracts with all labor
organizations furnishing skilled, unskilled and union labor, or who may
perform any such labor or services in connection with this contract.”
Supplier/lessee further agrees that this clause will be incorporated in all
subcontracts, job-consultant agreements or subleases of this agreement
entered into by supplier/lessee.
If the supplier/lessee employs more than 35 employees, the following
language shall be included as the last paragraph to the clause above:
“The supplier/lessee further agrees not to discriminate against
any worker, employee or applicant, or any member of the
public, because of sexual orientation or gender identity or
expression and shall ensure that applicants are employed,
and employees are dealt with during employment without
regard to their sexual orientation or gender identity or
expression.”
6.2
Documentation. Suppliers and lessees may be required to provide
additional documentation to the Equal Opportunity Department affirming that a
nondiscriminatory policy is being utilized.
6.3
Monitoring. The Equal Opportunity Department shall monitor the
employment policies and practices of suppliers and lessees subject to this Section 3 as
deemed necessary. The Equal Opportunity Department is authorized to conduct on-site
compliance reviews of selected firms, which may include an audit of personnel and payroll
records, if necessary.
7.
Title VI List of Pertinent Nondiscrimination Acts and Authorities
During the performance of this Contract, Contractor agrees to comply with all
federal, state, and local nondiscrimination laws, rules, and regulation, including the
following:
A.
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d) (prohibits
discrimination on the basis of race, color, or national origin).
B.
49 C.F.R. Part 21 (Nondiscrimination in Federally-Assisted
Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights
Act of 1964).
C.
The Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, (42 U.S.C. §§ 4601, et seq.) (prohibits unfair treatment of persons
displaced or whose property has been acquired because of federal or federal aid
programs and projects).
D.
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §§ 701, et
seq.), as amended (prohibits discrimination on the basis of disability), and 49 C.F.R. Part
27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving
Federal Financial Assistance).
E.
The Age Discrimination Act of 1975, as amended (42 U.S.C. §§
6101, et seq.) (prohibits discrimination on the basis of age). Airport and Airway
Improvement Act of 1982 (49 U.S.C. § 47123), as amended (prohibits discrimination
based on race, creed, color, national origin, or sex).
F.
The Civil Rights Restoration Act of 1987 (Public Law 100-209)
(broadened the scope, coverage, and applicability of Title VI of the Civil Rights Act of
1964, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of
1973 by expanding the definition of the terms “programs or activities” to include all of the
programs or activities of the federal-aid recipients, sub-recipients, and contractors,
whether the programs or activities are federally funded or not).
G.
Titles II and III of the Americans with Disabilities Act of 1990 (42
U.S.C. §§ 12101, et seq.), which prohibit discrimination on the basis of disability in the
operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities as implemented by U.S. Department of
Transportation regulations at 49 C.F.R. Part 37 (Transportation Services for Individual
with Disabilities) and Part 38 (Americans with Disabilities Act Accessibility Specification
for Transportation Vehicles).
H.
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations), which ensures
nondiscrimination against minority populations by discouraging programs, policies, and
activities with disproportionately high and adverse human health or environmental effects
on minority and low-income populations.
I.
Executive Order 13166 (Improving Access to Services for Persons
with Limited English Proficiency) and resulting agency guidance and national origin
discrimination includes discrimination because of limited English proficiency (LEP). To
ensure compliance with Title VI, you must take reasonable steps to ensure that LEP
persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100).
J.
Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681,
et seq.), as amended, which prohibits you from discriminating because of sex in
education programs or activities.
2068157
Revised 2/1/19
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
ARIZONA PUMP RESOURCES LLC
EXHIBIT B
Scope of Work
Purchase of new pumps and pump parts, repair and maintenance of pumps which includes installation,
repair, diagnostics and assessment, tear down and inspection (TDI), troubleshooting, required maintenance,
retrofits, warranty work, and emergency repairs.
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
ARIZONA PUMP RESOURCES LLC
EXHIBIT C
METHOD AND AMOUNT OF COMPENSATION
The method and amount of compensation is provided in Pumps, New, Repair, Parts and Accessories,
Contract No. 161750--0.
NOT TO EXCEED AMOUNT
The total amount of compensation paid to Contractor for full completion of all work required by the
Statement of Work must not exceed $650,000 for the entire term of the Agreement.
DETAILED PROJECT COMPENSATION
Purchase of new pumps and pump parts, repair and maintenance of pumps which includes installation,
repair, diagnostics and assessment, tear down and inspection (TDI), troubleshooting, required
maintenance, retrofits, warranty work, and emergency repairs.