Linking Agreement with Swain Electric Inc
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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:
City of Glendale
c/ o Melody Campoy 6210 W. Myrtle Ave. Glendale, AZ 85301
and
SWAIN ELECTRIC INC. c/o Brian Swain
brian@swainelectric.com 756 N. Monterey St Ste A. Gilbert, AZ 85233
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
set forth above.
"City''
City of Glendale, an Arizona
municipal corporation
By:
Kevin R. Phelps
Interim City Manager
ATTEST:
Julie K. Bower City Clerk
(SEAL)
APPROVED AS TO FORM:
"Contractor"
SWAIN ELECTRIC INC.,
:c
Name: Brian Swain
Title:
Vice President
3
01/28/2025
Michael D. Bailey City Attorney
4
01/28/2025
This page left intentionally blank
22358 S. Ellsworth Road, Queen Creek, AZ 85142 | 480-358-3000 | QueenCreekAZ.gov
July 13, 2024
Sent via e-mail: brian@swainelectric.com
Brian Swain
Swain Electric
756 N. Monterey, Ste. A
Gilbert, Arizona 85233
Re:
Contract No. 2021-076, Electrical Services (the “Contract”)
Dear Mr. Swain:
Pursuant to Article 6 of the Contract between the Town of Queen Creek (“Town”) and Swain
Electric (Vendor), the Town hereby exercises its option to renew the Contract for one (1)
additional one year period. All terms of the Contract shall remain in full force and effect. The
extended term of the Contract is from July 21, 2024 through July 20, 2025.
This is year three (3) of four (4) one year renewal options.
If you have any questions regarding this extension, please contact me at 480-358-3186 or
tim.kincaid@queencreekaz.gov
Sincerely,
Melissa Bauer
Procurement Administrator
Contract/Agreement Review Cover Sheet
INSTRUCTIONS: Legal Review is required prior to submittal for Town Council and/or Town Manager approval.
Public Works Director review and approval is required on all Public Works and/or Construction and A&E projects.
Real Estate review and approval is requried on all Real Estate matters. Purchasing review is also required.
Complete this form for all contracts/agreements/IGAs/change orders/work orders/proposals/MOU’s and submit to
the Purchasing office for review/approval routing. Be sure to attach a staff report and all supporting documents
for review(s).
ALLOW THREE WEEKS FOR THE REVIEW PROCESS
Document Type:
Council Date
IContract
107/21/2021
Contact Person:
m Kincaid / Shelby Moody
S.A.M. verification
Department Name:
Vendor/Contractor
I Utilities
ISWAIN ELECTRIC, INC
I
Vendor lD#:
16660
Brief Description:
Electrical Services as needed. Not to exceed $500,000 on an annual basis. Facilities will
also use this contract on an as needed basis and in accordance with the Town’s
Purchasing Policy and Procedures
Start:
107/21/2021
End:
[07/20122w/4- lyr renewals
I
RFP 21-012 for Electrical Services
Attachments: *Reference original contract number.
Check all that apply:
Contract
Cooerative
Original Contract #
Cooperative
Change Order/
Work Order #
Staff Report
Agreement
I
i
Agreement #
Amendment
2uzi— ?Li
I
I
I
Easement
Order/Work
I
I
Order No.
Approved:
Real Estate:
________________________
Public Works Director:
__________________
Utilities: :f,fT
/a.
Purchasing:
____________________________
Town Attorney: zz4 a.-if
Town Clerk:
_______
N/A
N/A W
N/A
N/A E
N/A
N/A
Terms of Contract
$ Amount or Not to
[$500k Annually I
Exceed:
Procurement Method:
Account Line Item #:
Date:
L
Date: r
Date: 106/17/2021
I
Date:
106/16/2021
I
Date:
I
I
Date:
‘if.zifri
I
(VU
TOWN OF QUEEN CREEK, ARIZONA
CONTRACT FOR ELECTRICAL SERVICES, RFP NO. 21 -012
THIS CONTRACT (The “Contract”) is made and entered into effective as of the 21st day of July, 2021
(the
Effective Date”), by and between the Town of Queen Creek, Arizona, an Arizona municipal
corporation (‘Town”), and SWAIN ELECTRIC, INC., an Arizona Corporation (“Vendor”).
On or about May 6, 2021, Town issued RFP No. 21-012 (the “Solicitation”) for Electrical Services (the
“Services”). Vendor submitted a proposal or bid dated June 8, 2021 (the “Proposal”) and was selected to
provide the Services.
This Contract, together with the Contract Documents described herein, is the
“Resultant Contract” contemplated in the Solicitation. The Town and the Vendor are sometimes referred
to in the Resultant Contract collectively as the “Parties” and each individually as a “Party.”
1.
CONTRACT DOCUMENTS:
The Resultant Contract consists of the following contract documents,
which by this reference are incorporated herein:
A.
This signed Contract;
B.
The Proposal; and
C.
The Solicitation.
2. PRIORITY OF DOCUMENTS: In the event of a conflict between the Solicitation and the Proposal, the
terms of the Solicitation will govern.
In the event of a conflict between the Solicitation and this
Contract, this Contract shall govern.
3. SCOPE OF SERVICES: The Vendor shall provide the Town the services described in the Solicitation
and
the Proposal.
4.
CONTRACT PRICING: Contract pricing is set forth in Exhibit A.
5.
TERM OF CONTRACT: The term of the Contract is one year, commencing on July 21, 2021 and
terminating on July 20, 2022 unless sooner terminated in accordance with the provisions set forth in
the Resultant Contract documents. The Town reserves the right, at its sole discretion, to extend the
Resultant Contract for up to four (4) additional terms of one year each.
The total length of the
Resultant Contract shall not exceed five (5) years.
Additionally, the Resultant Contract may be
extended unilaterally for a period of thirty-one days or a portion thereof.
IN WITNESS WHEREOF, the Parties have executed this Contract effective as of the Effective Date set
forth above.
Town of Queen Creek, an Arizona municipal corporation:
Date:
2-i 1/V’U
_______________________
Mayor Gail Barney
By:_________________________
Manager John Kro
Attest
Di&kinson Wri
t PLLC
‘
Town Clerk
aria
nzale
SWAIN ELECTRIC, INC
, an Arizona Corporation:
By:_________________
Its: Vice President
PHOENIX 53749-1 31 1670v4
756 N. Monterey, Ste. A Gilbert, Arizona 85233 (480) 832-3299 Fax (480) 832-6233
Lic: C-11 ROC090429, L-11 ROC090437, A-17 ROC106533
www.swainelectric.com
PROPOSAL
#8233
June 9, 2021
Town of Queen Creek
Time and Material rates for electric installations and/or service work:
Electrician classification
Standard
time
Over time
Double time
Apprentice
$ 55.00
$ 74.50
$ 92.00
Journeyman Electrician w/ truck
$ 79.00
$ 106.50
$ 132.00
SCADA services
$ 135.00
$ 200.00
$ 270.00
Regular time:
Monday Friday (8 hours per day between 5:00am 5:00pm)
Overtime:
Saturday or hours beyond 40 hours in a week, or 8 hours in a day
Double time:
Sundays & Holidays
Holidays:
Day, Martin Luther King Day,
Day, Memorial
Day, 4th of July, Labor Day, Thanksgiving, the day after Thanksgiving,
Christmas Eve & Christmas Day
First electrician on job would be a Journeyman with a service truck
The use of Swain Electric tools & equipment that are on the service truck are included in the
hourly manpower rates.
Below are equipment rental rates:
Construction equipment
1 day
1 week
1 month
Back Hoe
$420
$1,075
$2,775
Water Truck
$450
$1,200
$3,100
Ext Reach Forklift
$450
$1,200
$3,100
Water Wagon
$200
$475
$1,275
Jumping Jack (compaction tamper)
$200
$475
$1,275
Rates do not include any engineering costs, permit fees, any other fees or sales tax
EXHIBIT A
Swain Electric Proposal
Town of Queen Creek
RFP No. 21-012 for Electrical
Services
Town of Queen Creek
RFP No. 21-012 for Electrical Services
Table of Contents:
• Cover Letter
• Past Town Experience
• Attachment 1: Authorization to Submit Response and Required
Certifications
• Attachment 2: Addendum Acknowledgment
• Attachment 3: Organizational Information
• Attachment 4: Reference Forms (4 Included)
• Attachment 5: Demonstrated Approach to Providing Services
• Attachment 6: Exceptions to RFP Requirements and/or Contract
Provisions
• Attachment 7: Proprietary and/or Confidential Information
• Attachment 8: W-9
• Attachment 9: Legal Worker Certification
• Attachment 10: Non-Collusion Affidavit
• Attachment 11: Conflict of Interest Certification
• Attachment 12: Anti-Lobbying Certification
• Attachment 13: Certification Regarding Debarment, Suspension,
Proposed Debarment, and other Responsibility Matters
• Attachment 14: Insurance Requirements
• Attachment 15: Pricing Proposal including Proposal #8233
756 N. Monterey, Ste. A Gilbert, Arizona 85233 (480) 832-3299 Fax (480) 832-6233
Lic: C-11 ROC090429, L-11 ROC090437, A-17 ROC106533
swainelectric.com
June 8, 2021
Town of Queen Creek
22358 S. Ellsworth Road
Queen Creek, AZ 85142
RE: Request for Proposal RFP No. 21-012 For Electrical Services
To Whom It May Concern:
Thank you for the invitation to submit the following Request for Proposal. We have
reviewed the entirety of RFP 21-012 and understand it thoroughly. Our firm adheres
to the terms and conditions of the quote process as outlined in Section VIII. Swain
Electric is very interested in providing electrical services to the Town as outlined by
this RFP.
Swain Electric, Inc. has been serving the Arizona market since 1986. We have
enjoyed a relationship with the Town of Queen Creek since 2015. In that time we
have completed over 300 projects with the Town, primarily with the waterworks
facilities, demonstrating that we have extensive experience in commercial and
industrial electrical construction, including all the types of services in this RFP.
Swain Electric is in good standing with the Arizona Corporation Commission and is
registered with the Arizona Registrar of Contractors (licenses listed below). The
company’s insurance meets or exceeds the requirements in the RFP. The company
has no debts and is financially stable. We are willing to provide financial statements
to the Town upon request.
Our primary contact is Brian Swain, Vice President. His email address is
brian@swainelectric.com and his address and phone number are listed below.
Sincerely,
Matthew D. Robinson
Chief Financial Officer
Past Town Experience
Swain Electric has performed work for the Town of Queen Creek since 2015, primarily with the
waterworks facilities. Below is a list of some of the larger projects Swain Electric has
performed.
Project #
Project Name
Year
Location
5582P
Schnepf Well Site Upgrade
2015 908 W Combs Rd
5583P
Ironwood Crossing North Well
2015 41694 N Ironwood Rd
6450P
Shea North Well
2016 35952 N Kenworthy Rd
7807P
Church Farms East VFD
2017 Church Farms East
8134P
Sossamon Well
2018 Sossamon Well
8242P
Church Farms West
2018 22782 E Arroyo Verde Dr
8322P
Hastings Well New SES
2018 24370 S Crismon Rd
8504P
Villages 300 HP Well
2018 22391 E Rittenhouse Rd
8598S
Jorde Well
2018 Jorde Well
8599S
Gary Well
2018 25740 N Gary Rd
8705P
Fleet maintenance bldg TI
2018 TOQC Fleet Maintenance Building
9661P
Barney Farms Lake Well
2019 23103 E Cattle Dr
9735P
Electrical Install Admin Bldg
2019 22358 S Ellsworth Rd
203-012S
Links Main Campus
2020 1115 E Ocotillo
203-027P
Links South Well
2020 1115 E Ocotillo
203-112P
Shea 400A VFD & Rework Well Pd
2020 35952 N Kenworthy Rd
Church Farms East Well and Pump Station
Links North Booster Station
Links North Well Site
Links South Well Site
Swain Electric, Inc.
Nestle Purina Petcare Company
Colby Huffmon
F4564742525
$198,411
4700 E Nestle Purina Ave, Flagstaff, AZ 86004
201-115PX Slurry Hard Rock
Owner - Nestle Purina Petcare Company
This project was undertaken to remove old and install upgraded industrial manufacturing
equipment used in the manufacture of pet food. The industrial equipment installed included
metering pumps with variable frequency drives, pressure sensors, level sensors, high limit
switches, temperature sensors, agitators, pressure release valves and flow meters. The project
milestones were completed on time except for a delay in delivery of some of the the equipment
that the customer provided. Once we received this equipment from the customer, the project
proceeded on-time and was completed on budget.
04/30/2021
928-255-2148
Colby.Huffmon@purina.nestle.com
Swain Electric, Inc.
MGC Contractors, Inc.
Bryan Forster
PO Box 61748, Phoenix, AZ 85082
4-16-164000
$582,898
3/31/2021
9538PX - MG Storage Tnk/Booster Pump St
GC - MGC Contractors
Owner - Town of Queen Creek
This project was to install a new 1 Million gallon water storage tank with a booster pump
station and well. Scope of project included installing 600A MCC, transformer, field
instrumentation, conduit, wire and grounding. The electrical scope of this project was
completed on time. There were 7 change orders on this job, two of which were deductive
change orders that exceeded the amount of the additive change orders. Therefore the
project cost came in under the original budget.
602-695-3652
bforster@mgccontractors.com
Swain Electric, Inc.
Hunter Contracting Co.
20409-01
$346,171
701 N Cooper Rd, Gilbert, AZ 85233
203-035PX OU2 Injection Well
GC - Hunter Contracting
Owner - Freescale Semiconductor
Installed remediation treatment injection wells at semiconductor facility. Installation included new
SES and MCC lineup, well pump RTU, conduit and conductors for two 150hp injection wells.
The project included several change orders for unforeseen items outside of original scope that the
customer decided to add. These amounted to about 6% of original contract amount. Despite the
changes the project was completed on schedule.
12/30/2020
Ryan Hayes
ryan.hayes@huntercontracting.com
480-869-2429
Swain Electric, Inc.
EPCOR Water Arizona
Jonathan Pitney
207328
$62,321
2355 W Pinnacle Peak Rd, Ste 300, Phoenix, AZ 85027
203-057PX Mojave Gateway Well Upgrade
Customer - EPCOR Water Arizona
Municipal well site project consisting of rehabilitation of existing well with a new RTU. Additional
equipment was requested by customer outside of original scope and even with the change the
project was completed on schedule.
06/30/2021
480-450-9962
JPitney@epcor.com
Swain Electric utilizes an enterprise resource planning (ERP) software plus sound
management practices to effectively coordinate projects. Using information from the ERP
system, Swain Electric's management team meets at least weekly to review project
schedules, labor resources, material levels, and equipment allocation. In order to ensure that
materials are available, Swain Electric maintains relationships with multiple major electric
supply houses and orders project materials in ample time to meet project requirements. In
addition, the Company stores materials in its warehouse and when supply chain conditions
are at risk, such as during the Covid-19 pandemic, on hand supply inventories are increased
to mitigate against possible supplier delays.
Once a quoted project is approved, the project is actively managed by an assigned project
manager. The project manager obtains necessary resources, assigns a qualified foreman,
and regularly coordinates with the management team to keep sufficient staff assigned to the
project. As a debt free organization, Swain Electric maintains sufficient liquidity to purchase
materials and supplies so as to avoid project delays due to insufficient resources. To protect
its labor force, Swain Electric employs the highest standards of safety. This includes adopting
recommended protocols to protect against airborne pathogens, which has minimized labor
disruptions and allowed the Company to complete its projects on time throughout the
Covid-19 pandemic.
* See Proposal #8233
79.00*
5:00
5:00
5:00
5:00
106.50-132.00*
55.00*
5:00
5:00
* See Proposal #8233
74.50-92.00*
5:00
5:00
Clarification - Swain Electric does not feel that "Helpers" are the safest or best option for industrial electrical projects.
We therefore do not use "Helpers". We do utilize journeyman and apprentice electricians on our projects. The
journeyman will also have a service truck stocked with the necessary tools, equipment, and material to effectively and
efficiently address the various electrical needs. The pricing rates on this sheet for "Helper" are the rates for an
apprentice electrician which is also reflected in the Proposal #8233.
* See Proposal #8233
134.00*
5:00
5:00
5:00
5:00
135.00*
5:00
5:00
200.00-270.00*
5:00
5:00
* See Proposal #8233
Back Hoe
$420 Day/$1075 Week *
181.00-224.00*
* See Proposal #8233
Water Truck
$450 Day/$1200 Week *
Ext Reach Forklift
$450 Day/$1200 Week *
Water Wagon
$200 Day/$475 Week *
$200 Day/$475 Week *
Jumping Jack (compaction tamper)
10
7.5
2
1
6/9/2021
756 N. Monterey, Ste. A Gilbert, Arizona 85233 (480) 832-3299 Fax (480) 832-6233
Lic: C-11 ROC090429, L-11 ROC090437, A-17 ROC106533
www.swainelectric.com
PROPOSAL #8233
June 9, 2021
Town of Queen Creek
Time and Material rates for electric installations and/or service work:
Electrician classification
Standard
time
Over time
Double time
Apprentice
$ 55.00
$ 74.50
$ 92.00
Journeyman Electrician w/ truck
$ 79.00
$ 106.50 $ 132.00
SCADA services
$ 135.00
$ 200.00 $ 270.00
Regular time:
Monday – Friday (8 hours per day between 5:00am – 5:00pm)
Overtime:
Saturday or hours beyond 40 hours in a week, or 8 hours in a day
Double time:
Sundays & Holidays
Holidays:
New Year’s Day, Martin Luther King Day, President’s Day, Memorial
Day, 4th of July, Labor Day, Thanksgiving, the day after Thanksgiving,
Christmas Eve & Christmas Day
First electrician on job would be a Journeyman with a service truck
The use of Swain Electric tools & equipment that are on the service truck are included in the
hourly manpower rates.
Below are equipment rental rates:
Construction equipment
1 day
1 week
1 month
Back Hoe
$420
$1,075
$2,775
Water Truck
$450
$1,200
$3,100
Ext Reach Forklift
$450
$1,200
$3,100
Water Wagon
$200
$475
$1,275
Jumping Jack (compaction tamper)
$200
$475
$1,275
Rates do not include any engineering costs, permit fees, any other fees or sales tax
TOWN OF QUEEN CREEK, ARIZONA
22358 S. Ellsworth Road
Queen Creek, Arizona 85142
Phone: 480-358-3000
REQUEST FOR PROPOSAL
RFP No. 21-012
FOR
ELECTRICAL SERVICES
Due Date & Time
Thursday, June 10, 2021
3:00 PM, AZ Time
RFP No. 21-012 Electrical Services
Page 2 of 47
REQUEST FOR PROPOSALS
ELECTRICAL SERVICES
RFP No. 21-012
RFP ISSUANCE DATE:
SUBMITTAL DUE DATE AND TIME:
SUBMITTAL LOCATION:
QUESTIONS:
PRE-SUBMITTAL MEETING:
ONE-STEP PROCESS:
May 6, 2021
June 10, 2021 at 3:00 P.M. AZ time
One (1) electronic, editable pdf version of the
Response shall be submitted electronically to
the Town. You may submit your proposal by
the due date and time through the following
link:
https://queencreek.sharefile.com/r-
r6223b7364a5842ca89f58943ba048abb
All Responses must be submitted through the
above
link.
NO EMAILED,
FAXED,
MAILED
OR
HAND-DELIVERED
SUBMITTALS WILL BE ACCEPTED.
Tim Kincaid
Procurement Officer
Phone: (480) 528-3186
Email address: tim.kincaid@queencreek.org
All questions must to be submitted via email
only by 5:00 PM, May 24, 2021. Answers to
questions and other clarifications will be in an
Addenda issued through the Town of Queen
Creek Website.
No pre-submittal meeting is scheduled for this
Solicitation.
This is a one-step solicitation. The successful
Respondent, if any, will be selected at the end
of the RFP process.
RFP No. 21-012 Electrical Services
Page 3 of 47
TABLE OF CONTENTS
Request For Proposal
Page
SECTION I: LEGAL ADVERTISEMENT ..........................................................................4
SECTION II: PROCUREMENT SCHEDULE.......................................................................5
SECTION III: INSTRUCTIONS TO RESPONDENTS ..........................................................5
Instruction 1: Defined and Controlling Terms ..............................................................5
Instruction 2: Minimum Requirements for Respondents ...............................................6
Instruction 3: Acceptance of Contract Terms ...............................................................6
Instruction 4: Respondents’ Pre-Submittal Obligations and Representations .................6
Instruction 5: Preparation of Response ........................................................................8
Instruction 6: Errors, Inquiries and Addenda................................................................9
Instruction 7: Response Submittal, Due Date and Time .............................................. 10
Instruction 8: Withdrawal of Response ...................................................................... 10
Instruction 9: Response Opening ............................................................................... 11
Instruction 10: Town Reserved Rights......................................................................... 11
Instruction 11: Additional Prohibitions and Restrictions............................................... 11
Instruction 12: Acceptance Period ............................................................................... 13
Instruction 13: Evaluation ........................................................................................... 13
Instruction 14: Protests ............................................................................................... 14
Instruction 15: Cooperative Purchase Agreements ....................................................... 14
SECTION IV: PROJECT DESCRIPTION........................................................................... 14
SECTION V: SCOPE OF SERVICES ................................................................................ 14
SECTION VI: RESPONSE CONTENTS ............................................................................ 20
SECTION VII: EVALUATION ............................................................................................ 22
SECTION VIII: CONTRACT AWARD AND QUOTE PROCESS.......................................... 22
ATTACHMENTS:
1 Authorization to Submit Response and Required Certifications ............................... 25
2 Addendum Acknowledgement ............................................................................... 26
3 Organizational Information .................................................................................... 27
4 Reference Form ..................................................................................................... 28
5 Demonstrated Approach to Providing Services ....................................................... 29
6 Exceptions to RFP Requirements and/or Contract Provisions .................................. 30
7 Proprietary and/or Confidential Information ........................................................... 31
8 W-9/Taxpayer I.D. Number .................................................................................... 32
9 Legal Worker Certification ..................................................................................... 34
10 Non-Collusion Affidavit ........................................................................................ 35
11 Conflict of Interest Certification ............................................................................. 36
12 Anti-Lobbying Certification ................................................................................... 37
13 Certification Regarding Debarment, Suspension, Proposed Debarment, and Other
Responsibility Matters ........................................................................................... 38
14 Insurance Requirements Acknowledgement ............................................................ 40
15 Pricing Proposal ..................................................................................................... 42
EXHIBITS ............................................................................................................................ 45
A Draft Contract ....................................................................................................... 45
B
WIFA.................................................................................................................... 47
RFP No. 21-012 Electrical Services
Page 4 of 47
SECTION I: LEGAL ADVERTISEMENT
FOR RFP NO. 21-012
ELECTRICAL SYSTEMS
NOTICE IS HEREBY GIVEN that the Town of Queen Creek, Arizona will receive sealed
Proposals for Electrical Services RFP No. 21-012.
Project Summary: The Town of Queen Creek is seeking licensed electrical Contractor(s) who
are certified and registered with the Arizona Registrar of Contractors to perform services
outlined within this specification to trouble shoot, repair electrical problems and new install and
construction. The services are to be performed on an as needed basis.
Proposals:
The Town will accept sealed proposals on or before 3:00 P.M. local time on Thursday, June 10,
2021. You may submit your proposal by the due date and time through the link provided in the
Request for Proposal No. 21-012. Proposals must include all information items listed in the
Request for Proposal (RFP). Proposals received after the date and time prescribed for the
opening of proposal, or not submitted in the designated manner, will not be accepted, opened, or
considered. NO EMAILED, FAXED, MAILED OR HAND-DELIVERED SUBMITTALS
WILL BE ACCEPTED.
The RFP documents be obtained from the Town of Queen Creek’s website at
http://www.queencreek.org/departments/finance-/procurement/bids-rfqs.
Each Proposal shall be in accordance with specifications and instructions contained therein.
The Town of Queen Creek reserves the right to accept or reject any or all responses and to waive
informalities.
PUBLISHED:
Arizona Republic:
May 6 and 13, 2021
RFP No. 21-012 Electrical Services
Page 5 of 47
SECTION II: PROCUREMENT SCHEDULE
Procurement Schedule for this RFP (all dates are approximate) and may be changed by Addendum:
A. RFP issued
Date set forth on Page 2 of
this RFP
B. Questions due to Procurement Office
Date and time set forth on
Page 2 of this RFP
D. Response due
Date and time set forth on
Page 2 of this RFP
SECTION III: INSTRUCTIONS TO RESPONDENTS
INSTRUCTION 1:
DEFINED AND CONTROLLING TERMS
1.01
Definitions:
Terms used in this RFP have the meanings indicated in the Contract, the
General Conditions,
the Project Specifications,
Special Provisions,
and Contract
Documents, as applicable. Additional terms used in this RFP have the meanings indicated
below:
A. “Firm” shall mean each or any of the individuals, firms, partnerships, joint ventures,
corporations or other legal entities submitting their qualifications in response to this
RFP.
B. “General Conditions” mean the General Conditions adopted by TOWN and which
apply to all TOWN construction projects.
C. “TOWN” shall mean the Town of Queen Creek.
D. “Procurement Policy” shall mean the Town of Queen Creek Procurement Policy which
governs this procurement and is incorporated in this RFP by this reference.
E. “Project” shall mean the Project set forth in Section IV Project Description set forth
below.
F. “Respondent” shall have the same meaning as “Firm”.
G. “Response” or “Submittal” shall mean the RESPONSE.
H. “Site” shall mean the physical location where the Project is located and any ancillary
or adjacent areas to be utilized by Contractor and/or Town in relation to the Project.
I.
“RESPONSE” shall mean a response submitted in response to this RFP.
RFP No. 21-012 Electrical Services
Page 6 of 47
INSTRUCTION 2:
MINIMUM REQUIREMENTS OF RESPONDENTS
2.01
Legal Worker Certification: To ensure TOWN’s compliance with A.R.S.§ 41-4401, every
Respondent must comply with A.R.S. § 23-214(A) and all federal immigration laws and
regulations that relate to its employees, and each Respondent must certify its compliance
by completing, signing and returning the form provided as Attachment 9 hereto.
2.02
No Israel Boycott: To the extent possible, TOWN is prohibited by A.R.S. § 35-393.01
from entering into a contract with any company for construction or other services unless
the contract with the company includes a written certification that the company is not
currently engaged in, and will not, for the duration of the contract, engage in, a boycott of
Israel. By submitting a Response, a Respondent represents to TOWN that it is not currently
engaged in a boycott of Israel and that it will agree to language in the contract prohibiting
any such boycott for the duration of the contract.
2.03
Insurance: Respondent must have or obtain within the time period set by the Town, the
Insurance coverages and certifications and fully comply with the insurance requirements
set forth in Attachment 14 to this RFP.
2.04
Failure to Meet Minimum Requirements: Any violation or failure to meet the requirements
of this Instruction 2 may, at the sole option of TOWN, cause a Response to be considered
non-responsive and/or the Respondent being deemed non-responsible resulting in the
rejection of the Response, and may result in cancellation or termination of the resultant
Contract if discovered after the Contract has been awarded.
INSTRUCTION 3:
ACCEPTANCE OF CONTRACT DOCUMENTS
3.01
Contract Documents: The Contract Documents may include, without limitation, this RFP,
any addenda to this RFP issued by TOWN, the Response of the successful Respondent, the
Contract Documents, and such other terms as TOWN determines are in its best interest and
appropriate for the Project.
3.02
Prior Contracts Not Applicable: Any previous agreements, contracts, or other documents,
which have been executed between the Respondent and TOWN, if any, are not applicable
to this RFP or any resultant contract.
INSTRUCTION 4:
RESPONDENTS’ PRE-SUBMITTAL OBLIGATIONS
AND REPRESENTATIONS
4.01
Respondent’s Obligations: It is the responsibility of each Respondent before submitting
an Response to:
A. Examine and carefully study the RFP, and any data and reference items identified in
the Proposal Documents;
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B. Become familiar with and satisfy itself as to all Laws and Regulations that may affect
cost, progress, and performance of the Services;
C. Consider the information known to Respondent itself; information commonly known
to contractors or suppliers doing business in the locality of the TOWN; the RFP; and
the specifications identified in the RFP, with respect to the effect of such information
and documents on: (1) the cost, progress, and performance of the Services; (2) the
means, methods, techniques, and procedures to be employed by Respondent; and (3)
safety precautions and programs;
D. Become aware of the general nature of the Services to be performed by Respondent
that relates to the Services as indicated in the RFP;
E. Promptly give the TOWN written notice of all conflicts, errors, ambiguities, or
discrepancies that Respondent discovers in the RFP and confirm that the written
resolution thereof by TOWN is acceptable to Respondent; and
F. Determine that the RFP is generally sufficient to indicate and convey understanding
of all terms and conditions for the performance and furnishing of the Services.
G. Federal Requirements: Respondent agrees, when supplying material and/or services
on any Water Infrastructure Finance Authority of Arizona Clean Water Revolving
Fund Drinking Water Revolving Fund (WIFA) assisted projects to comply with the
requirements as outlined in Exhibit B.
4.02
Respondent’s Representations: By signing and submitting its Response, Respondent
represents, certifies and agrees that:
A. Respondent has complied with every requirement of this Instruction and the RFP;
B. The submission of the Response did not involve collusion or other anti-competitive
practices;
C. The Respondent shall not discriminate against any employee or applicant for
employment in violation of the Federal Executive Order 11246;
D. The Respondent has not given or offered to give, and does not intend 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 Response;
E. Failure to sign the Response, or the falsity of a statement in a signed Response, shall
void the submitted Response or any resulting contracts, and the Respondent may be
disbarred;
F. The Respondent is current in all obligations due to TOWN, if any;
RFP No. 21-012 Electrical Services
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G. Based on the information and observations referred to in the preceding Instruction
4.01, that at the time of submitting its Response no further examinations,
investigations, explorations, tests, studies, or data are necessary for the determination
of its Response and that Respondent has the financial, bonding (if required), technical
and resource capacity and capability to fully and timely perform the scope of services
in accordance with the other terms and conditions of the RFP and the Contract
Documents; and,
H. There will be no subsequent financial or time adjustment, other than that provided by
the subsequent Contract, for lack of such familiarization.
INSTRUCTION 5:
PREPARATION OF RESPONSE
5.01
Response Contents: All Responses shall include all of the information, documents,
Attachments and other items set forth in Section VI Response Contents below, fully
completed. In the case of any conflict between this Instruction 5 and the requirements set
forth in Section VI, Section VI shall control.
5.02
Simple and Clear: Responses should be prepared simply and economically, providing
adequate information in a straightforward and concise manner. The Response must display
clearly and accurately the capability, knowledge, experience and capacity of the Firm to
meet all of the requirements of this RFP including those set forth in Section V Scope of
Services and respond to the evaluation criteria in Section VII Evaluation of this RFP.
5.03
Proposal Format and Length: All Responses must be in ink or typewritten and there is no
page count for this solicitation.
5.04
Contract Exceptions: The Respondent shall clearly identify any/all exceptions to the RFP
specifications or contract terms on Attachment 6. This is the only means for a Respondent
to identify any/all exceptions to the specifications in this RFP.
5.05
Public Record/Confidential Information:
A. All Responses submitted in response to this RFP, whether or not accepted by TOWN,
shall become a matter of public record available for review, subsequent to the award
notification, in accordance with TOWN’ Procurement Policy.
B. If a person believes that a response, offer, specification, or protest contains information
that should be withheld as proprietary or confidential, a statement advising TOWN of
this fact shall accompany the submission and the information shall be identified on
Attachment 7.
C. The information identified by the person as confidential shall not be disclosed until
TOWN makes a written determination whether the information must be disclosed
under Arizona law. If TOWN determines that the information must be disclosed,
TOWN will provide the Respondent with notice of such fact, and that the Respondent
RFP No. 21-012 Electrical Services
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has five (5) days within which to file a legal action protesting the planned disclosure.
If no legal action is taken within the time specified, TOWN will disclose the
information and will not be responsible for any claims or losses arising from or related
to such disclosure.
5.06
Signature: The Response shall be submitted with an original ink signature by a person
authorized to sign the offer. If the Respondent is a corporation or other legal entity, the
Response must be signed in the legal name of the corporation followed by the name of the
state of incorporation or organization and the legal signature of an officer or other person
authorized to bind the corporation or other legal entity to a contract. Unsigned Responses
will be considered nonresponsive and will be rejected.
5.07
Time: Periods of time, stated as number of days, shall be calendar days.
5.08
Modifications: Erasures, interlineations, or other modifications in the Response shall be
initialed in original ink by the authorized person signing the Response. No Response shall
be altered, amended, or withdrawn after the specified due date and time.
5.09
No Reimbursement: TOWN shall not reimburse the cost of developing, presenting,
submitting or providing any Response to this solicitation, or any other costs or expenses of
any Respondent.
INSTRUCTION 6:
ERRORS, INQUIRIES AND ADDENDA
6.01
Errors: It is the responsibility of all Respondents to examine the entire RFP package and
seek clarification of any item or requirement and to check all responses for accuracy before
submitting a Response. Negligence or errors in preparing a Response confers no right of
withdrawal or correction after Response due date and time.
6.02
Notice of Errors: Should a Respondent find any ambiguity, conflict, inconsistency,
omission or other error in the RFP or should the Respondent be in doubt as to its meaning,
he or she shall at once notify the contact person listed on page 2 of this RFP, via email
only, and ask that the RFP be clarified or modified. If prior to the date fixed for submission
of Responses, a Respondent knows of or should have known of an error in the RFP, but
fails to notify TOWN of the error, the Respondent shall bid at its own risk, and if awarded
the contract shall not be entitled to additional compensation or time by reason of the error
or its later correction.
6.03
Questions: All questions regarding the contents of this solicitation and the solicitation
process (including requests for ADA accommodations), shall be directed to the contact
person listed, via email only, and shall be submitted no later than the stated deadline for
submitting questions on page 2 of this RFP. Questions improperly submitted and/or
received by TOWN after the deadline may not be answered.
6.04
Answers: Answers to the written questions or requests for clarification or modification of
the RFP submitted by Respondents, as well as any other changes to the RFP, will be
RFP No. 21-012 Electrical Services
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provided
in
the
form
of
Addenda
via
the
Town’s
Procurement
website:https://www.queencreek.org/departments/finance-/procurement/bids-RFPs.
6.05
Correspondence: Any correspondence related to the RFP should refer to the appropriate
RFP number and title, page and paragraph number. However, the Respondent shall not
place the RFP number and title on the outside of any envelope containing questions since
such an envelope may be identified as a sealed Response and may not be opened until after
the official RFP due date and time.
6.06
Addendum: It is each Respondent’s obligation to assure that it has received and reviewed
all Addenda issued. Each Respondent shall acknowledge receipt of Addenda by
completing, signing and including Attachment 2 in the Response. Failure by a Respondent
to acknowledge receipt of all Addenda may result in that Respondent’s Response being
deemed non-responsive and possibly rejected. Addenda acknowledgement returned to
TOWN separately from a Response will not be accepted.
INSTRUCTION 7:
RESPONSE SUBMITTAL, DUE DATE AND TIME
7.01
Submittal: One (1) electronic, editable pdf version of the Response shall be submitted
electronically to the Town. You may submit your proposal by the Due Date and Time
through the following link:
https://queencreek.sharefile.com/r-r6223b7364a5842ca89f58943ba048abb
7.02
Due Date and Time: Respondents must submit their Response by the Due Date and Time
as set forth on page 2 of this RFP. Responses will be accepted by the Town until the Due
Date and Time specified.
7.03
Timely Delivery: It is the responsibility of the Respondent to ensure on-time submittal of
the Response by the Due Date and Time as set forth on page 2 of this RFP. Please allow
sufficient amount of time to upload your bid to ensure that it is received by the Town by
the Due Date and Time. Late Responses shall not be considered under any circumstances.
NO EMAILED, FAXED, MAILED OR HAND-DELIVERED SUBMITTALS WILL BE
ACCEPTED.
7.04
Late Responses: Any Response or other Response received after the Due Date and Time
will be rejected as non-responsive.
INSTRUCTION 8:
WITHDRAWAL OF RESPONSE
At any time prior to the specified Response Due Date and Time, a Respondent may withdraw the
Response in person or by submitting a request in writing or via e-mail to the contact person whose
name appears on page 2 of this RFP. Any request to withdraw a Response must be made by a duly
authorized representative of the Respondent.
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INSTRUCTION 9:
REPSONSE OPENING
Responses shall be opened at the time and place designated in this RFP. The name of each
Respondent shall be publicly read and recorded in the presence of a witness. All other information
received in response of this RFP shall be shown only to TOWN personnel having legitimate
interest in the evaluation process. After award of the contract, the successful Responses and the
evaluation documentation shall be open for public inspection.
INSTRUCTION 10:
TOWN RESERVED RIGHTS
Notwithstanding any other provision of this RFP, TOWN expressly reserves the right to:
A. Extend the date by which Responses are due;
B. Withhold the award or cancel this RFP for any reason TOWN determines;
C. Reject any or all Responses, in whole or in part;
D. Waive any immaterial defect, irregularity or informality in any Response;
E. Reissue an RFP;
F. Unless the Respondent states otherwise, award by individual line item, by group of line
items, or as a total, whichever is deemed most advantageous to TOWN. If a Respondent’s
Response is an “all or nothing” offer, it must be expressly so indicated in the Response;
and/or
G. Exercise any and/or all other rights available to TOWN under the terms of the RFP, the
Procurement Code, at law, or in equity.
INSTRUCTION 11:
ADDITIONAL PROHIBITIONS AND RESTRICTIONS
11.01 Interest in More Than One Response: No person, firm, partnership, joint venture,
corporation or other legal entity shall be permitted to submit more than one (1) Response
for the same Project. A person, firm, partnership, joint venture, corporation or other legal
entity that has submitted a sub-consultant Response to a Respondent is disqualified from
submitting a Response for the Project as a Respondent. A person, firm, partnership, joint
venture, corporation or other legal entity shall be allowed to submit a sub-consultant
Response to more than one (1) Respondent.
11.02 Lobbying/Influence/Gratuities: As prescribed in Article 11 of the TOWN Procurement
Policy, any attempt to influence an employee or agent to breach the TOWN Ethical Code
of Conduct, or any unethical conduct, may be grounds for Disbarment or Suspension under
Article 6.
A. An attempt to influence includes, but is not limited to:
RFP No. 21-012 Electrical Services
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1.
Any Respondent, or any agent, representative or affiliate of a Respondent,
offering or providing a gratuity, gift, tip, present, donation, money, entertainment
or educational passes or tickets, or any type of valuable contribution or subsidy,
that is offered or given with the intent to influence a decision, obtain a contract,
garner favorable treatment, or gain favorable consideration of any kind. Paying
the expense of normal business meals, which are generally made available to all
eligible persons, shall not be prohibited by this provision.
2.
Any communication regarding this solicitation for the purpose of influencing the
process or the award, between any Respondent, or any agent, representative or
affiliate of a Respondent, and TOWN, including but not limited to TOWN’s
Council, officers, employees, and/or consultants hired to assist in the solicitation,
is prohibited.
B. This prohibition is imposed from the time of the first public notice of the solicitatio n
until TOWN cancels the solicitation, rejects all responses, awards a contract, or
otherwise takes action which ends the solicitation process. This section shall not
prohibit public comment at any public meeting of the TOWN Council.
C. This prohibition shall not apply to communication with the official contact(s)
specifically identified in the solicitation, or to TOWN-initiated communications, made
for the purposes of conducting the procurement, and in the manner prescribed in the
solicitation, including but not limited to pre-bid conferences, clarification of
Responses, presentations if provided for in the solicitation, requests for Best and Final
Responses, contract negotiations, interviews, protest/appeal resolution, or surveying
nonresponsive Respondents.
11.03 Excluded Information: Respondents shall not submit to, or communicate in any way with
TOWN regarding, information on fees, price (hourly rates), man-hours or any other cost
information. Arizona law prohibits TOWN from considering any information on fees, price
(hourly rates), man-hours or any other cost information during the Request for Proposals
competition when selection is based on qualifications only. Accordingly, any Response
that contains any information of this type will be deemed nonresponsive, will not be
considered and the Response will be returned to the Respondent. This exclusion of
information applies to the Response, to any interview and to all other aspects of the RFP
competition.
11.04 Restriction on Communications: Respondents and members of their teams shall not
communicate concerning this RFP with the TOWN Project Executive, any TOWN
Consultant or Program Manager, Selection Committee members, or employees of TOWN,
except as stipulated in Inquiries and Addenda above. A Respondent’s failure to abide by
this requirement may result in rejection of a Response.
11.05 Disbarment/Clarification: A Respondent (including each of its principals) who is currently
disbarred, suspended or otherwise lawfully prohibited from any public procurement
activity may have its Response rejected. TOWN reserves the right to obtain Respondent
RFP No. 21-012 Electrical Services
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clarifications where necessary to arrive at a full and complete understanding of
Respondent’s service, product, and/or Response. Clarification means a communication
with a Respondent for the sole purpose of eliminating ambiguities in the Response and
does not give Respondent an opportunity to revise or modify its Response.
11.06 All Remedies Available: With regard to any violation of any of the provisions of this
Instruction 11, TOWN expressly reserves the right to pursue any and all remedies available
to it under the TOWN Procurement Policy/Code, at law or in equity, including, but not
limited to, the following:
A. Any violation of this Section discovered before an award of the resultant contract may,
in TOWN’s sole discretion, subject a Respondent to a warning letter, rejection of its
Response, or disbarment, depending on the nature of the violation.
B. If a violation of this Section is discovered after the resultant contract has been awarded,
TOWN may, by written notice to the Respondent, cancel the resultant contract. In the
event TOWN cancels the resultant contract pursuant to this provision, TOWN shall be
entitled, in addition to any and all other available rights and remedies, to withhold or
recover from the Respondent the amount of any gratuity provided and any and all
incidental and/or consequential damages incurred by TOWN as a result of the
violation.
INSTRUCTION 12:
ACCEPTANCE PERIOD
12.01 In order to allow for an adequate evaluation, TOWN requires all Responses to be valid and
irrevocable for one hundred and eighty (180) days after the opening time and date and each
Respondent agrees that it will hold open its Response for such period.
12.02 No contract or agreement, expressed or implied, shall exist between TOWN and any
Respondent, or be binding on TOWN, before formal approval by the TOWN Council and
the execution of the resulting written contract by both parties.
12.03 If agreement on the terms of a resultant Contract cannot be reached after a period deemed
reasonable by TOWN in its sole discretion, TOWN may negotiate and enter a Contract
with any other Respondent who submitted a timely and responsive Response to this RFP,
as provided by law.
INSTRUCTION 13:
EVALUATION
Evaluation of timely and responsive Responses submitted by responsible Respondents shall be
based upon the evaluation process and criteria set forth in Section VII to this RFP.
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INSTRUCTION 14:
PROTESTS
TOWN believes that it can best maintain its reputation for treating firms, contractors, etc., in a fair,
honest, and consistent manner by conducting solicitations in good faith and by granting
competitors an equal opportunity to win an award. If a Respondent believes that TOWN has fallen
short of these goals, it may submit a written protest pursuant to the TOWN Procurement Policy,
Article 8, Section 8-101.
INSTRUCTION 15: COOPERATIVE PURCHASING AGREEMENTS
15.01 An award of contract resulting from this RFP may be extended for use to other
municipalities and government agencies of the state. Any such usage by other
municipalities and government agencies must be in accordance with the ordinance, charter
and/or rules and regulations of the respective political entity. Any public agencies not
identified within the RFP who wish to cooperatively use the contract are subject to the
approval of the Respondent.
15.02 The Town is also a member of S.A.V.E. (Strategic Alliance for Volume Expenditures),
which consists of numerous municipalities, counties, universities, colleges, school districts,
cities, and other agencies of the State. A current listing of eligible entities may be found at
www.maricopa.gov/materials and then click on 'Contracts', 'S.A.V.E.' listing and 'ICPA'.
Orders placed by other agencies and payment thereof will be the sole responsibility of that
agency. Town shall not be responsible for any disputes, damages, losses or liabilities
arising out of transactions made by others.
SECTION IV – PROJECT DESCRIPTION
4.1
The Town of Queen Creek is seeking licensed electrical Contractor(s) who are certified
and registered with the Arizona Registrar of Contractors to perform services outlined
within this specification to new construction, modifications, retrofit, upgrade, maintenance,
troubleshooting and repair. The services are to be performed on an as needed basis.
4.2
The Town intends to create a contract with one or more prequalified contractors to meet
the needs of the solicitation requirements. The Town does not guarantee a minimum or
maximum number of assigned price quotes for services and reserves the right to publicly
advertise a project rather than select a firm(s) from the qualified list. The Town also
reserves the right to direct select a firm(s) in accordance with the Town’s Purchasing
Policy.
SECTION V – SCOPE OF SERVICES
1. Project Description: The Town of Queen Creek is seeking a licensed electrical Contractor(s)
who is certified and registered with the Arizona Registrar of Contractors to perform services
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outlined within this specification to new construction, modifications, retrofit, upgrade,
maintenance, troubleshooting and repair. The services are to be performed on an as needed
basis.
2. Background: Town of Queen Creek Water Division services approximately 70 square miles,
with approximately 22,000 service connections, with well and storage facilities) consisting of
the following (but not limited to):
a. 25 Potable wells
b. 5 Irrigation wells
c. 15 Storage facilities
d. 71 Booster Pumps
e. Remote operation and monitoring via SCADA system
These facilities contain motors ranging from 3 Horse Power (HP) to 700 HP. Sites utilize
both single and three phase power with a voltage range from 100 volts to 480 volts. Sites
also contain all the necessary service entrances, starters, and other controls necessary to
operate a water system. Contractor must be capable of making repairs to submersible
sewage pumps ranging from 2 HP to 600 HP. Due to the critical need for rapid response
time on some occasions and because Town staff will visit the Contractor’s shop to perform
acceptance tests, the Contractor’s repair facility must be within the Phoenix Metropolitan
area. The Contractor must be capable of designing, building, and installing upgrades to
existing electrical services, starters, Variable Frequency Drives and other components as
necessary for the Town to continue to deliver the water as required by the system.
Contractor must have a clear understanding of municipal water and waste water systems,
Supervisory Control and Data Acquisition (SCADA) operations, and Remote Telemetry
Units (RTU).
The Town will provide the Contractor as much lead-time as possible to start a field job.
However in some instances for emergency repair, the Contractor must respond within two
(2) hours. Electric motor repair usually can be completed during normal working hours,
but if the Town deems it necessary, over time will be authorized and the Contractor must
be capable of working overtime until the repairs are completed.
3. Scope: Provide professional electrical repair and installation services on an as needed basis in
accordance with departmental specifications, the NEC (National Electric Code) and all other
applicable code requirements.
a. The Contractor(s) awarded this contract shall have expertise in small D.C. voltage through
480/277 Volt AC. The firm shall also have documented experience with VFD units and
may be required to provide SCADA telemetry services and troubleshooting for PLC based
systems.
b.The Contractor will be required to obtain any and all electrical permits, which may be
required to facilitate the requirements of this specification. Permits issued by the Town of
Queen Creek will be obtained at no cost to the Contractor(s).
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c. Town of Queen Creek business license is required to work within town limits.
d. Any additional services by Facilities that include but not limited to: Town Facility and
Park electrical repairs, maintenance, troubleshooting, and unexpected minor renovations
(interior and exterior).
e. Additional electrical services may be requested by other departments on an as needed
basis. Such services may include, but not limited to sewer lift stations and pump stations.
4. Workmanship and Materials: Workmanship and materials must be acceptable to Town staff
or the designated representative. The Contractor shall furnish the best in class materials and
perform the best in class workmanship in all projects. If any unsatisfactory materials or non-
workmanship methods are detected, Town staff, or the designated representative, may instruct
the Contractor to utilize acceptable materials and/or methods and perform in the manner
expected. Failure of Town staff or the designated representative to instruct the Contractor to
perform properly will not relieve the Contractor from his obligations to perform good
workmanship practices.
Town staff or the designated representative may reject any and all work performed by the
Contractor and any materials used if, in the opinion of Town staff, substandard workmanship
has been performed or if materials do not meet specifications or are considered inferior.
5. Warranty: Contractor warrants that sound engineering and construction principles and
practices will be used in the performance of the work; and that Contractor shall apply to the
work that degree of skill, care, judgment and supervision necessary to assure that work shall
be of the highest quality, with proper workmanship, fit (suitable and sufficient) for the purpose
intended and in accordance with the best practices of the trade. Contractor further warrants
that the work shall fulfill the terms of all special guarantees established by the contract and that
the work shall be free from defects due to faulty materials, equipment or workmanship until
the expiration of one year from the date of completion and acceptance of the work.
If in the event of any of the foresaid warranties are not fulfilled, Contractor guarantees to
promptly reimburse the Town for its cost of making suitable repairs or replacement or, at the
Town’s option, the Contractor shall promptly make suitable repairs or replacements at
Contractor’s own expense.
In either case, the Contractor shall also pay for any resulting damage to other property and
work caused by Contractor’s breach of any of the aforementioned warranties or guaranties.
The Contractor must guarantee all new work for one year.
6. Work Estimates, Response and Completion Time:
a. Prior to the Contractor performing any repair work, the Contractor may be required to
provide the Town a written report including condition of equipment, recommended repairs
and cost of repairs, at the discretion of Town Representative. Contractor will be allowed
to remove and disassemble the equipment prior to providing the Town written estimate.
For scheduled projects, the written estimate will be required within 48 hours after
equipment has been removed. Contractor will be required to repair and reinstall equipment
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within seven (7) working days from approval of the work to be done, based on parts
availability.
In a situation that the Town feels is an emergency, the Contactor must respond
immediately. On-site assessment of the needed repairs shall be required within two (2)
hours after notification.
b.The Contractor MUST have electricians available on a 24 hour day call basis, seven (7)
days per week. The response time for emergency service, as reported by the Town, will be
within two (2) hours. All others within four (4) hours, unless otherwise agreed to between
the Town and the Contractor. Contractor must have sufficient staff on hand to provide 24
hour emergency repair for equipment that is time sensitive. Emergency requests by the
Town of Queen Creek Utilities are of extreme importance as it directly affects the utility’s
ability to protect the public health, environment and provide adequate fire protection to the
citizens of Queen Creek. Time is of the essence in the performance of this work, therefore,
if the Contractor does not respond in a timely manner according to the response time
documented on the proposal form, the Town may, at its option, perform the work and
charge the Contractor accordingly or have the work completed by others.
c. Contractor shall provide written repair estimates for all repairs or emergency repairs as
may be required. Estimates shall be based on time and material charges. Contractor must
inform the Town’s Representative of the repair estimate and obtain authorization to
proceed. Contractor shall provide evidence of purchased price for all repair parts to be
marked up.
d.Approval of Work: Work orders must be signed, dated and acknowledged by the Town
Representative. The Town will not be held responsible for work that is completed without
signed work orders, except in the case of an emergency call-out for repair.
e. The Town reserves the right to seek quotes or pricing verification from the other contracted
vendors. The Town also reserves the right to competitively quote, among the awarded
Contractor’s, any project it feels necessary and especially those projects totaling over
$25,000.00 and to award that project to the Contractor with the best price who best meets
the time constraints.
7. Site Restoration: The Contractor shall clean, repair, re-coat and restore all pipe work and
equipment, which may become damaged as a result of handling by the Contractor, to match
the existing paint and coatings on all above ground facilities. All work shall be cleaned and
disinfected in conformance with the minimum requirements of the Maricopa County
Department of Environmental Services for potable water facilities. Any damage caused by the
Contractor to site perimeter fencing and related structures shall be restored to a pre-
construction condition. Site grading including decomposed granite surfacing shall be restored
to a pre-construction condition.
8. Inspection of Work: All work performed by the Contractor will be subject to inspection by
Town staff or the designated representative. Town staff or the designated representative will
be given access to all work in progress at any time. It will not be required that the Contractor
be notified of any inspection action. During the course of the repair, the Town reserves the
right to consult or retain the services of a third party Contractor or engineer to help determine
RFP No. 21-012 Electrical Services
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if the repair is made using timely, efficient and correct methods per UL, AWWA, NSF and
Hydraulic Institute Standards where applicable. If the determination is made that the methods
used are not proper, the Town reserves the right to cancel the repair, without charge, or cancel
the contract and charge the Contractor for the consultant’s time.
9. Delay of Work: If any work being performed by the Contractor is unnecessarily or
unreasonable delayed, Town staff has the option to employ persons, machinery and materials
in addition to those being used by the Contractor to complete the work required. The expenses
of such actions are to be charged to the Contractor.
10. Lock Out Tag Out: Contractor is responsible for having qualified personnel to properly lock
out/tag out electrical and mechanical equipment. Contractor’s personnel will be responsible
for properly disconnecting and reconnecting electrical and mechanical equipment as required
in the completion of work.
11. Safety: The Contractor shall be solely and completely responsible for conditions of the job
site, including safety of all persons (including employees) and property during performance of
the work. This requirement shall apply continuously and not be limited to normal working
hours. Safety provisions shall conform to all applicable federal (including OSHA), state,
county, and local laws, ordinances, codes, and regulations. Where any of these are in conflict,
the more stringent requirement shall be followed. The Contractor’s failure to thoroughly
familiarize himself with the aforementioned safety provisions shall not relieve him from
compliance with the obligations set forth therein.
12. Transformer Repair and Service:
a. All work will be performed with in-house staff, repair personnel and service personnel.
b. Contractor shall have a turns ration tester.
c. Contractor shall have a history of all fluid transactions to prevent any exposure to PCB
fluids.
d. Contractor will have the proper equipment to make repairs and to test for acceptable
performance acceptable to current applicable industry standards.
e. Contractor to provide written reports for the repaired equipment.
13. Electric Motor Repairs:
a. All repairs must have a quality control report with each invoice.
b.Teardown and testing prior to repair.
c. All motors must be Vacuum Pressure Impregnation (VPI) tested to insure core plate
insulation and electrical and mechanical requirements.
d.All mechanical surfaces will be returned to factory specifications.
e. All bearings will be those recommended by the manufacturer.
f. All gaskets and sight glasses will be repaired.
g.All rotors balanced to 2/10 of one mil minimum.
RFP No. 21-012 Electrical Services
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h.All rotors will be tested for open rotor bars and end rings.
i. All rotor shafts will be sonic tested for signs of fractures.
j. All parts will be cleaned and primed before assembly.
k.Stators will be tested at line voltage and surge tested prior to treatment.
l. All laminations must be core tested and a computerized test report supplied to the owner
on energy efficient motors. These tests must be performed during the repair process to
insure efficiency is NOT affected and a loss over manufacturer specifications does not
occur due to the repair.
m. Repaired motors will be tested at line voltage, checked for vibration, and NO load current.
14. Inventory and Replacement Parts:
a. The price to be paid to the Contractor by the Town for parts used in authorized repairs will
be billed at the invoice price multiplied by the “cost plus” figure determined by the
Contractor’s proposal to the Town. Any invoices submitted in this matter must have copies
attached of the Contractor’s invoices for the outside services Vendor attached. All
materials must meet all manufacturers’ specifications, UL, AWWA, NSF and Hydraulic
Institute Standards where applicable.
The Contractor may be required to provide pricing of repair parts for specific jobs prior to
the Town authorizing purchase of the parts from the Contractor. The Town reserves the
right to purchase motors and other related equipment directly from the manufacturer or
from other vendors if it is in the Town’s best interest.
The Town reserves the right to direct the Contractor as to where to send electrical and
mechanical equipment for repairs.
b. If the Contractor responds to a service call and cannot perform the work due to the lack of
parts and equipment, the Town will not be billed for service/emergency call.
c. The Town will have the sole decision as to any acceptable alternate product.
15. All invoices must include a minimum of the following:
a. Full description of work performed.
b.Purchase Order Number and Contract Number.
c. Date of the service call/repair.
d.Total hours incurred and labor rate. Labor rates shall start upon arrival at the job site and
end upon completion of work at the job site.
e. Itemized list of materials. Contractor shall provide evidence of purchased price for all parts
to be marked up, including copies of outside vendor invoices.
Invoices submitted to the Town of Queen Creek will only be paid for actual services
performed and not based off work orders, quotes or estimates, after review and approval of
the Daily Task Reports. Quotes or estimates are used by the Town of Queen Creek for
RFP No. 21-012 Electrical Services
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project review and budgetary purposes only. Please be sure to reference the contract
number and Purchase Order number on all invoices to ensure timely payment.
16. The Contractor will dispose of all light fixtures/lamps that are replaced, including fluorescent,
HID lamps, Mercury Vapor, High Pressure Sodium, etc.
17. The removal and disposal of any electrical panels/transformers is the responsibility of the
Contractor.
18. Contractor(s) must list all subcontractors that will be used in performing work as a result of
this contract.
19. The Electrical Contractor shall be licensed in the State of Arizona with classes C11, A17 and/or
A. Provide current license with offer.
20. Optional SCADA Services: At times, the Town may request services for SCADA and PLC
troubleshooting. Provide SCADA telemetry and PLC services available through Contractor or
Subcontractor in Vendor Questionnaire section.
SECTION VI – RESPONSE CONTENTS
6.1
Cover Letter and Minimum Qualifications:
Letter of Introduction on company letterhead (cover sheet), which includes the name,
address, title, telephone number and email address of the primary contact and summarizes
your interest in the work. Acknowledgement that the firm confirms that all elements of
the RFP have been read and understood and your firm adheres to the terms and
conditions of the contract and quote process as outlined in Section VIII.
A.
Professional Standing:
1. The Arizona Corporation Commission shall properly have certified the
Supplier/Vendor for corporation and limited liability companies.
2. The Supplier must be properly registered and licensed at the time of submission
and throughout the life of any resultant contract.
B.
Financial Stability:
1. Copies of audited financial statements are not required with the Submittal. Prior
to the final selection, TOWN reserves the right to require a Respondent to
provide a copy of the Respondent’s financial statements for the previous two
fiscal years.
6.2
Relevant Experience and Performance: Respondent shall have a minimum of five (5)
years successful experience providing services as outlined in this RFP. Please provide a
minimum of three (3) but no more than five (5) references of comparable contracts as
outlined in Attachment 4 – References.
6.3
Demonstrated Approach to Providing Services: (In Attachment #5)
RFP No. 21-012 Electrical Services
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A. Outline your firms approach for completion of services
B. How would your firm ensure work is completed upon the quoted timeframe?
6.4
Past Town / Institutional Experience:
A. Town reserves the right to consider historic information and facts, whether gained
from the Offeror’s submittal, references, or other sources and the views of the
evaluator(s) with prior Contract or other service delivery experience
6.5
Required Forms: The following Forms must be included in the Response and unless
otherwise indicated, are not included in the page count:
A. Authorization to Submit Response and Required Certifications (Attachment 1);
B. Addendum Acknowledgement (if no Addendum issued insert “None”) (Attachment
2);
C. Organizational Information (Attachment 3);
D. References (Attachment 4); (2 page limit per reference)
E. Demonstrated Approach to Providing Services (Attachment 5) (2 page limit)
F. Exceptions to RFP Requirements and/or Contract Provisions (Attachment 6);
G. Proprietary and/or Confidential Information (Attachment 7);
H. Vendor Registration Form/Taxpayer I.D. Number (Attachment 8);
I.
Legal Worker Certification (Attachment 9);
J.
Non-Collusion Affidavit (Attachment 10);
K. Conflict of Interest Certification (Attachment 11);
L. Anti-Lobbying Certification (Attachment 12);
M. Certification Regarding Debarment, Suspension, Proposed Debarment, and other
Responsibility Matters (Attachment 13);
N. Insurance Requirements (Attachment 14)
O. Pricing Proposal (Attachment 15)
6.6
Required Contents of the Response: The following must be submitted as required under
INSTRUCTION 7 above:
A. One (1) electronic, editable pdf. Version of the Response shall be submitted as set
forth on Page 2 of this RFP.
6.7
Other Forms/Attachments:
A. The Exhibits and all other forms or attachments provided are for reference only and
should not be included in the Response.
RFP No. 21-012 Electrical Services
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SECTION VII – EVALUATION
7.1
Most Advantageous to Town: Pursuant to Town Purchasing Policy, evaluation of
Responses and award of the Contract(s) will be made with reasonable promptness to the
Respondent whose Response best conforms to the Scope of Services and will be most
advantageous to the Town with respect to qualifications, conformity to Scope of Services
and other factors.
7.2
Evaluation Criteria for Responses and Scoring: Award(s) shall be made to the responsive,
responsible Respondent whose Response is determined in writing to be the most
advantageous to the Town. The Town of Queen Creek shall evaluate the qualifications
based upon an overall best value determination with the following criteria listed below in
relative order of importance.
A.
Cover Letter & Minimum Qualifications
B.
Relevant Experience and Performance
C.
Demonstrated Approach to Providing Services
D.
Pricing Proposal
E.
Past Town / Institutional Experience
7.3
Additional Information: Additional information or may be required as a part of the
selection process.
7.4
Selection Process:
A.
During the evaluation process, the Town will evaluate each Response to
determine which Respondent(s) (if any) are best qualified to provide the required
Services specified in this RFP.
B.
It is anticipated that multiple firms will be selected for award.
SECTION VIII – CONTRACT AWARD AND QUOTE PROCESS
8.1
Notice of Intent to Award:
RFP No. 21-012 Electrical Services
Page 23 of 47
A.
The TOWN will issue a Notice of Intent to Award, and if applicable Notices of
the Intent Not to Award to all or to some Respondents. Town reserves the right to
cancel this RFP, to reject any or all Responses, and to waive or decline to waive
any irregularities in any submitted Responses, or to withhold the award for any
reason it may determine in the best interest of the Town.
B.
The selected Firms will be invited to review and execute the TOWN Contract
with TOWN. Contracts will be for a period of one (1) year from the date of
award. The TOWN has the option, in the TOWN’s sole discretion to renew the
contract for four (4) additional one-year periods. If the contract is renewed, the
total length of the contract shall not exceed five (5) years. Any of the one (1) year
contracts may be unilaterally extended by the TOWN for a period of thirty-one
(31) days. Please note that establishment of a Contract does not obligate TOWN
to award projects.
8.2
Form of Contract: Successful Firms will be required to execute the Contract with TOWN.
Once the Contract is executed, individual price quotes will be issued as needed. TOWN
Contract forms are subject to revision without notice.
8.3
Delivery of Documents / Insurance Requirements:
A.
Every Firm TOWN issues a contract to shall, within five (5) days after notice of
award, deliver to TOWN signed copies of the contract as well as all required
insurance certificates.
B.
All contracts must be supported by insurance certificates in a form satisfactory to
TOWN. Certificates must reference the TOWN Contract Number and Contract
Name. All certificates of insurance will be reviewed and approved by TOWN
before firms may proceed with services. Failure or refusal to furnish required
insurance certificates in a form satisfactory to TOWN will result in rejection of any
proposed contract. Once a firm has an open-end agreement with TOWN, annual
renewal certificates are required as stated in Attachment 14– Insurance
Requirements.
8.4
Vendor Registration: All vendors/contractors are encouraged to register in the TOWN’s
Vendor Portal, create a company profile, and supply company-level data by TOWN’s third
party partner, Public Purchase.
8.5
Individual Quote Request Process:
A. Town staff will send a Price Quote request through email to awarded Contractors. The
Contractors shall have 48 hours to respond to the Price Quote request.
RFP No. 21-012 Electrical Services
Page 24 of 47
B. Quotes shall specify services, supplies including any manufacturer, part number and/or
any relevant information and shall be valid and firm for 30 days. Contractor will
provide Town with all manufacturers’ warranties prior to acceptance of material.
C. Quote responses that include non-approved services/products or are unclear in what is
to be supplied will be rejected. All prices quoted shall be FOB Destination Freight
Prepaid, unless noted otherwise.
D. The Supplier(s) meeting specifications and offering the overall best price and value
will be notified of the award and a formal purchase order shall follow.
E. Emergency Purchase: The Town reserves the right to purchase services/materials
under contract directly from any awarded vendor in accordance with the Town’s
Purchasing Policy.
RFP No. 21-012 Electrical Services
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ATTACHMENT 1: AUTHORIZATION TO SUBMIT RESPONSE AND REQUIRED CERTIFICATIONS
By signing below, the Respondent hereby certifies that:
*
They have read, understand, and agree that acceptance by TOWN of the Respondent’s RESPONSE by the
award and execution of a contract will create a binding contract; and
*
They agree to fully comply with all terms and conditions as set forth in the TOWN Procurement Code, and
amendments thereto, together with the specifications and other documentary forms herewith made a part
of this specific procurement;
The person signing the Response certifies that he/she is the person in the Respondent’s organization responsible
for, or authorized to make, decisions.
The Respondent is a corporation or other legal entity.
No attempt has been made or will be made by the Respondent to induce any other Respondents or person to submit
or not to submit a Response in response to this RFP.
The price (if any) and terms and conditions in this Response are valid for 180 days from the date of submission.
RESPONDENT SUBMITTING RESPONSE
ADDRESS
CITY STATE ZIP CODE
TELEPHONE
FEDERAL TAX ID NUMBER
EMAIL
AUTHORIZED SIGNATURE
DATE
PRINTED NAME AND TITLE
RFP No. 21-012 Electrical Services
Page 26 of 47
ATTACHMENT 2: ADDENDUM ACKNOWLEDGMENT
Receipt by the undersigned of the following addenda is hereby acknowledged:
Addendum Number: 1
Dated:
Addendum Number: 2
Dated:
Addendum Number: 3
Dated:
Addendum Number: 4
Dated:
Addendum Number: 5
Dated:
Addendum Number: 6
Dated:
(Respondent)
(Address Line 1)
(Print Name)
(Address Line 2)
(Print Title)
(Phone)
(Signature Required)
(Fax)
(Email Address)
(Federal Taxpayer ID Number)
RFP No. 21-012 Electrical Services
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ATTACHMENT 3: ORGANIZATIONAL INFORMATION
The Respondent shall use this document to describe the background of its company.
1.
Name of Respondent:
dba:
2.
To whom should correspondence regarding this contract be addressed?
Individual’s Name:
Company Name:
Address:
City/State/Zip:
Phone:
Fax:
Email address:
Contact Person (if different from above):
3.
Date business was established:
4.
Ownership (e.g., public company, partnership, subsidiary):
5.
Primary line of business:
6.
Total number of employees:
7.
Is your agency acting as the administrative agent for any other agency or organization? _______
If yes, describe the relationship in both legal and functional aspects.
8.
Does the organization have any uncorrected audit exceptions?
If yes, please explain.
9.
Has any state or federal agency ever made a finding of non-compliance with any relevant civil
rights requirement with respect to your program?
If yes, please explain.
10.
Have there ever been any felony convictions of any key personnel (i.e., Administrator, CEO,
Financial Officers, major stockholders or those with controlling interest)?
If yes, please explain:
RFP No. 21-012 Electrical Services
Page 28 of 47
ATTACHMENT 4: REFERENCE FORM
Submitting Firm: _____________________________
TOWN requires a minimum of three (3) and a maximum of five (5) references from recently
completed projects, which are similar to this RFP.
1.
Company Name:
Contact Person:
________________________________________________________
Address:
Phone Number:
Email Address:
Bid # or Project #:
Budget:
_____
Date of Completion:
Brief Project Description (clearly identify similarities to the supplies being proposed in the
RESPONSE):
2.
[Same]
3. [Same]
RFP No. 21-012 Electrical Services
Page 29 of 47
ATTACHMENT 6: EXCEPTIONS TO RFP REQUIREMENTS AND/OR CONTRACT
PROVISIONS
A. Outline your firms approach for completion of services:
Response:
B. How would your firm ensure work is completed upon the quoted timeframe?
Response:
RFP No. 21-012 Electrical Services
Page 30 of 47
ATTACHMENT 6: EXCEPTIONS TO RFP REQUIREMENTS AND/OR CONTRACT PROVISIONS
Respondents must use this section to state any exceptions to the RFP requirements and/or any requested
language changes to the terms and conditions, contract, etc.
This is the only time Respondents may contest these issues. Requests for changes after the date Responses
are due will not be considered and could subject the Respondent to non-award on grounds of non-
responsiveness.
Please sign and include this statement with your Response.
I have read TOWN’ Contract Provisions and:
I accept them
I have stated my exceptions and have included them in this Response.
Printed Name of Authorized Individual
Name of Submitting Firm
Signature of Authorized Individual
Date
RFP No. 21-012 Electrical Services
Page 31 of 47
ATTACHMENT 7: PROPRIETARY AND/OR CONFIDENTIAL INFORMATION
Since the TOWN is subject to Arizona’s Public Records Act, Title 39 Chapter 1 of the Arizona Revised Statutes,
Respondent is advised that any documents it provides to the TOWN in response to a solicitation will be available to
the public if a proper Public Records Request is made, except that the TOWN is not required to disclose or make
available any record or other matter that reveals proprietary information provided to the TOWN by a Respondent
that is from a non-governmental source. See A.R.S. § 48-5541.01(M)(4)(b).
Pursuant to the TOWN Procurement Code (HS-104, Confidential or Proprietary Information), any specific documents
or information that the Firm deems to be proprietary and/or confidential must be clearly identified as such in the
firm along with justification for its proprietary and/or confidential status.
The Firm may not claim that the entire RESPONSE or the entire submission is proprietary and/or confidential. It is
the Firm’s responsibility to clearly identify each document and each piece of information in their submission that is
proprietary and/or confidential. The final determination of nondisclosure, however, rests with the Procurement
Officer.
Firms should be aware that if a Court determines that the Firms information is not proprietary and/or confidential;
the TOWN will be required to disclose such information pursuant to a public records request. In such cases, the firm
understands and agrees that the TOWN shall comply with the Court’s determination and Respondent shall not hold
TOWN liable for any costs, damages or claims whatsoever related to releasing the information.
This is the only notice that will be given to Respondents regarding the Firm’s responsibility to clearly identify its
proprietary and/or confidential information. If a public records request is submitted to the TOWN and the
Respondent did not clearly identify its proprietary and/or confidential information at the time their RESPONSE is
submitted, the TOWN will not provide Firm with any subsequent notice or opportunity to identify proprietary and/or
confidential documents or information.
I hereby certify that I acknowledge acceptance of the terms above and that I have:
Determined that no documents or information contained within this RESPONSE are proprietary
and/or confidential in nature.
Clearly identified specific documents or information that are deemed to be proprietary and/or
confidential and have justified the reason for the proprietary status of any identified documents
or information contained herein.
Printed Name of Authorized Individual
Name of Submitting Firm
Signature of Authorized Individual
Date
RFP No. 21-012 Electrical Services
Page 32 of 47
ATTACHMENT 8: TAXPAYER I.D. NUMBER
Document follows.
RFP No. 21-012 Electrical Services
Page 33 of 47
RFP No. 21-012 Electrical Services
Page 34 of 47
ATTACHMENT 9: LEGAL WORKER CERTIFICATION
As required by A.R.S. § 41-4401, TOWN is prohibited from awarding a contract to any contractor who
fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A). The undersigned entity
warrants that it complies fully with all federal immigration laws and regulations that relate to its
employees, that it shall verify, through the employment verification pilot program as jointly
administered by the U.S. Department of Homeland Security and the Social Security Administration or
any of its successor programs, the employment eligibility of each employee hired after December 31,
2007, and that it shall require its subcontractors and sub-subcontractors to provide the same
warranties to the below entity.
The undersigned acknowledges that a breach of this warranty by the below entity or by any
subcontractor or sub-subcontractor under any Contract resulting from this solicitation shall be
deemed a material breach of the Contract, and is grounds for penalties, including termination of the
Contract, by TOWN. TOWN retains the right to inspect the records of the below Respondent,
subcontractors and sub-subcontractors employee who performs work under the Contract, and to
conduct random verification of the employment records of the below entity and any subcontractor s
and sub-subcontractors who works on the Contract, to ensure that the below entity and each
subcontractor and sub-subcontractor is complying with the warranties set forth above.
(Respondent)
(Address Line 1)
(Print Name)
(Address Line 2)
(Print Title)
(Phone)
(Signature Required)
(Fax)
(Email Address)
(Federal Taxpayer ID Number)
(Date)
RFP No. 21-012 Electrical Services
Page 35 of 47
ATTACHMENT 10: NON-COLLUSION AFFIDAVIT
STATE OF ARIZONA
)
)
ss
COUNTY OF MARICOPA
)
being first duly sworn, deposes and says:
That he/she is the
of
(Title)
(Name of Firm)
submitting this RESPONSE in response to the RFP identified below.
That, in connection with the above-mentioned Project, neither he/she, nor anyone associated
with the aforesaid Firm, has, directly or indirectly, participated in any collusion, entered into any
contract, combination, conspiracy or other act in restraint of trade or commerce in violation of
the provisions of A.R.S. § 34-251, as amended.
(Signature of Affiant)
Subscribed and sworn to before me this
day of
, 20
.
My Commission Expires:
(Notary Public)
RFP No. 21-012 Electrical Services
Page 36 of 47
ATTACHMENT 11: CONFLICT OF INTEREST CERTIFICATION
The undersigned certifies that to the best of his/her knowledge: (check only one)
( )
There is no officer or employee of Town of Queen Creek who has, or whose relative has, a
substantial interest in any contract resulting from this request.
( )
The names of any and all public officers or employees of Town of Queen Creek who have, or
whose relative has, a substantial interest in any contract resulting from this request, and the
nature of the substantial interest, are included below or as an attachment to this certification.
__________________________________
___________________________________
(Firm)
(Address)
__________________________________
____________________________________
(Signature Required)
(Phone)
__________________________________
____________________________________
(Print Name)
(Email)
__________________________________
____________________________________
(Print Title)
(Federal Taxpayer ID Number)
RFP No. 21-012 Electrical Services
Page 37 of 47
ATTACHMENT 12: ANTI-LOBBYING CERTIFICATION
Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions
In accordance with the Federal Acquisition Regulation (“FAR”), 52.203-11:
(a) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to
Influence Certain Federal Transactions, included in this solicitation, are hereby incorporated by reference in
paragraph (b) of this certification.
(b) The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after
December 23, 1989:
(1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting
to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding
of this contract;
(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered
Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the
offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities,
to the Contracting Officer; and
(3) He or she will include the language of this certification in all subcontract awards at any tier and require
that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly.
(c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract
imposed by section 1352, Title 31, United States Code. Any person who makes an expenditure prohibited
under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision,
shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.
__________________________________
___________________________________
(Firm)
(Address)
__________________________________
____________________________________
(Signature Required)
(Phone)
__________________________________
____________________________________
(Print Name)
(Email)
__________________________________
____________________________________
(Print Title)
(Federal Taxpayer ID Number)
Date: _____________________________
RFP No. 21-012 Electrical Services
Page 38 of 47
ATTACHMENT 13: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT,
AND OTHER RESPONSIBILITY MATTERS
In accordance with the Federal Acquisition Regulation, 52.209-5:
1. The Offeror certifies, to the best of its knowledge and belief, that:
A.
The Offeror and/or any of its Principals:
(i)
(Check one) Are ( ) or are not ( ) presently debarred, suspended, proposed for debarment, or
declared ineligible for the award of contracts by any Federal agency; (The debarred list (List of
Parties Excluded from Federal Procurement and Non-Procurement Programs) is at
http://epls.arnet.gov on the Web.)
(ii)
(Check one) Have ( ) or have not ( ), within a three-year period preceding this offer, been convicted
of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local)
contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of
offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, tax evasion, or receiving stolen property; and
(iii) (Check one) Are ( ) or are not ( ) presently indicted for, or otherwise criminally or civilly charged by
a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B)
of this provision.
B.
The Offeror (Check one) has ( ) or has not ( ), within a three-year period preceding this RESPONSE,
had one or more contracts terminated for default by any Federal agency.
2. “Principals,” for the purposes of this certification, means officers; directors; owners; partners; and, persons
having primary management or supervisory responsibilities within a business entity (e.g., general manager;
plant manager; head of a subsidiary, division, or business segment, and similar positions).
3. This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making
of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section
1001, Title 18, United States Code.
4. The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract
award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by
reason of changed circumstances.
5. A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in
withholding of an award under this solicitation. However, the certification will be considered in connection with
a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such
additional information as requested by the Contracting Officer may render the Offeror non-responsible.
6. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order
to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and
information of an Offeror is not required to exceed that which is normally possessed by a prudent person in
the ordinary course of business dealings.
7. The certification in paragraph 1 above is a material representation of fact upon which reliance was placed
when making award. If it is later determined that the Respondent knowingly rendered an erroneous
RFP No. 21-012 Electrical Services
Page 39 of 47
certification, in addition to other remedies available to the Government, the Contracting Officer may terminate
the contract resulting from this solicitation for default.
(Firm)
(Address Line 1)
(Print Name)
(Address Line 2)
(Print Title)
(Phone)
(Signature Required)
(Fax)
(Email Address)
(Federal Taxpayer ID Number)
(Date)
RFP No. 21-012 Electrical Services
Page 40 of 47
ATTACHMENT 14: INSURANCE REQUIREMENTS
Any Respondent awarded a contract subsequent to this solicitation will be expected, upon request by the
Town, to submit the forms in this Attachment as a condition of the Contract, in addition to acknowledging
the insurance requirements on this Attachment and submitting this signed Attachment as part of their
Response.
INSURANCE PROVISIONS AND REQUIRED COVERAGE, TERM AND TERMINATIONS
1. The Consultant shall secure and maintain during the life of this Contract, the insurance coverage set forth in this
Attachment 15, which shall include statutory workman's compensation, comprehensive general and automobile
liability, Consultant's liability insurance and errors and omissions professional liability. The comprehensive general and
automobile liability limits shall be no less than one million dollars ($1,000,000.00) combined single limit. The
Consultant's general liability limits shall be no less than one million dollars ($1,000,000.00) for each occurrence and
one million dollars ($1,000,000.00) policy aggregate naming the Town as an additional insured. The minimum amounts
of coverage for Consultant's professional liability shall be one million dollars ($1,000,000.00). In other than errors and
omissions professional liability, and workman's compensation, the Town shall be named as an additional insured. All
insurance coverage shall be written through carriers licensed in Arizona, or on an approved non-admitted list of carriers
published by the Arizona Department of Insurance, and possessing an A.M. Best rating of at least A or better through
Lloyd's of London. Should coverage be written on a claims-made basis, the Consultant shall provide, prior to
commencement of any work, an initial certificate of insurance evidencing required coverage limits from date of contract
execution through date of policy expiration. Subsequently, a certificate of insurance or a renewal quotation
accompanied by evidence of premium payment shall be presented a minimum of thirty (30) days prior to date of
expiration of current certificate. Such certificate or evidence of continuous coverage shall be provided on a periodic
basis for a minimum of two (2) years after completion of contract, and shall contain a certification that the claims period
for such insurance is retroactive to the effective date of this Contract. In the event the Consultant fails to provide such
certificate of coverage retroactive to the beginning date of this Contract, the Town may, but shall not be required to,
purchase insurance, if available, to protect itself against any losses which would have been covered by the errors and
omissions policy Consultant is required to maintain under this Article. If the Town elects to purchase the insurance
under this provision, Consultant shall be liable to the Town for all costs incurred by the Town for purchasing such
insurance.
2. The Consultant shall submit to the Town a certificate of insurance evidencing the coverage and limits stated in the
foregoing paragraph within ten (10) days of award of this Contract. Insurance evidenced by the certificate shall not
expire, be canceled, or materially changed without thirty (30) days prior written notice to the Town, and a statement
to that effect must appear on the face of the certificate and the certificate shall be signed by a person authorized to
bind the insurer. The amount of any errors and omissions deductible shall be stated on the face of the certificate. The
Contract Administrator may require the Consultant to furnish a financial statement establishing the ability of Consultant
to fund the deductible. If in the sole judgment of the Contract Administrator the financial statement does not establish
the Consultant's ability to fund the deductible, and no other provisions acceptable to the Contract Administrator are
made to assure funding of the deductible, the Contract Administrator may, in his/her sole discretion, terminate this
Contract and the Town will have no further obligation to the Consultant.
3. Additional Insurance Requirements: The Consultant is primarily responsible for the risk management of its Services
under this Contract, including but not limited to obtaining and maintaining the required insurance and establishing and
RFP No. 21-012 Electrical Services
Page 41 of 47
maintaining a reasonable risk control and safety program. Town reserves the right to amend the requirements herein
at any time during the Contract subject to at least 30 days written notice. The Consultant shall require any and all
subcontractors to maintain insurance as required herein naming Town and Consultant as “Additional Insured” on all
insurance policies, except Worker’s Compensation, and this shall be reflected on the Certificate of Insurance. The
Consultant's insurance coverage shall be primary insurance with respect to all other available sources. Coverage
provided by the Consultant shall not be limited to the liability assumed under the Indemnification provision of this
Contract. To the extent permitted by law, Consultant waives all rights of subrogation or similar rights against Town, its
council members, agents, representatives, officers, officials, and employees. All insurance policies, except Workers’
Compensation required by this Contract, and self-insured retention or deductible portions, shall name, to the fullest
extent permitted by law for claims arising out of the performance of this Contract, Town of Queen Creek, its council
members, agents, representatives, officers, officials and employees as Additional Insureds. The Town reserves the right
to require complete copies of all insurance policies required by this Contract at any time. Failure to maintain the
insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract.
__________________________________
___________________________________
(Firm)
(Address)
__________________________________
____________________________________
(Signature Required)
(Phone)
__________________________________
____________________________________
(Print Name)
(Email)
__________________________________
____________________________________
(Print Title)
(Federal Taxpayer ID Number)
Date: _____________________________
RFP No. 21-012 Electrical Services
Page 42 of 47
ATTACHMENT 15: PROPOSAL PRICING
NOTE: LABOR WILL BE BASED ON HOURLY RATES UNLESS OTHERWISE SPECIFIED. Hourly rates shall include all applicable
charges. The Town does not pay travel time to and from the work site. If any of the services are subcontracted, provide
subcontractor information on Vendor Questionnaire. Payment and Performance Bonding will be required on all
construction projects.
ELECTRICIAN
1. LABOR RATE:
STRAIGHT TIME: $_____________ PER HOUR
STRAIGHT TIME HOURS: From: ______ A.M. To: _______ P.M. Monday – Friday
In the event overtime is required, state below the rate of overtime/weekend/holiday per hour:
2. LABOR RATE FOR OVERTIME/WEEKEND/HOLIDAY:
OVERTIME/WEEKEND/HOLIDAY RATE: $ ____________ PER HOUR.
OVERTIME/WEEKEND/HOLIDAY HOURS: From: ________ P.M. To: _______ A.M. Monday – Sunday
HELPER
1. LABOR RATE:
STRAIGHT TIME: $_____________ PER HOUR
STRAIGHT TIME HOURS: From: ______ A.M. To: _______ P.M. Monday – Friday
In the event overtime is required, state below the rate of overtime/weekend/holiday per hour:
2. LABOR RATE FOR OVERTIME/WEEKEND/HOLIDAY:
OVERTIME/WEEKEND/HOLIDAY RATE: $ ____________ PER HOUR.
OVERTIME/WEEKEND/HOLIDAY HOURS: From: ________ P.M. To: _______ A.M. Monday – Sunday
RFP No. 21-012 Electrical Services
Page 43 of 47
ELECTRICIAN/HELPER COMBINATION
1. ONE (1) ELECTRICIAN AND ONE (1) HELPER COMBINATION LABOR RATE:
STRAIGHT TIME: $_____________ PER HOUR
STRAIGHT TIME HOURS: From: ______ A.M. To: _______ P.M. Monday – Friday
In the event overtime is required, state below the rate of overtime/weekend/holiday per hour:
2. ONE (1) ELECTRICIAN AND ONE (1) HELPER COMBINATION LABOR RATE FOR
OVERTIME/WEEKEND/HOLIDAY:
OVERTIME/WEEKEND/HOLIDAY RATE: $ ____________ PER HOUR.
OVERTIME/WEEKEND/HOLIDAY HOURS: From: ________ P.M. To: _______ A.M. Monday – Sunday
OPTIONAL: SCADA PRICING
1. LABOR RATE:
STRAIGHT TIME: $_____________ PER HOUR
STRAIGHT TIME HOURS: From: ______ A.M. To: _______ P.M. Monday – Friday
In the event overtime is required, state below the rate of overtime/weekend/holiday per hour:
2. LABOR RATE FOR OVERTIME/WEEKEND/HOLIDAY:
OVERTIME/WEEKEND/HOLIDAY RATE: $ ____________ PER HOUR.
OVERTIME/WEEKEND/HOLIDAY HOURS: From: ________ P.M. To: _______ A.M. Monday – Sunday
EQUIPMENT/OTHER ASSOCIATED COST(S)
Provide a list for the cost of equipment that may be used to perform work. You may provide an additional attachment for
a full list of pricing on equipment use.
Item No.
Description:
Hourly Rate/Fee:
1.
RFP No. 21-012 Electrical Services
Page 44 of 47
MATERIALS
Materials shall be at Contractor’s actual cost plus _____% (not to exceed 10%). No markups will be paid on delivery
charges for parts shipped to Contractor or for unauthorized outside labor. Contractor shall provide evidence of
purchased price for all repair parts to be marked up.
SUBCONTRACTED SERVICES
Proposed markup for subcontracted services not identified, shall be at Contractor’s actual cost plus _____% (not to
exceed 10%). Contractor shall provide evidence of invoice for all services to be marked up.
RESPONSE TIME
1. RESPONSE TIME, STANDARD: ____________HOUR(S)
2. RESPONSE TIME, EMERGENCY: ______________________ MINUTES/HOURS(S) (Maximum of two (2) HOURS per
Scope of Services, Section 6.b.)
Note: If a project is funded utilizing WIFA funding, Davis Bacon requirements apply and labor rates/fringes
would have to comply.
__________________________________
___________________________________
(Firm)
(Address)
__________________________________
____________________________________
(Signature Required)
(Phone)
__________________________________
____________________________________
(Print Name)
(Email)
__________________________________
____________________________________
(Print Title)
(Federal Taxpayer ID Number)
Date: _____________________________
2.
3.
4.
5.
RFP No. 21-012 Electrical Services
Page 45 of 47
EXHIBIT A – SAMPLE CONTRACT
TOWN OF QUEEN CREEK, ARIZONA
CONTRACT FOR ____________, RFP NO. __-___
THIS CONTRACT (The “Contract”) is made and entered into effective as of the _____ day of _______,
2020_ (the “Effective Date”), by and between the Town of Queen Creek, Arizona, an Arizona municipal
corporation (“Town”), and ___________________, an Arizona ____________ (“Vendor”).
On or about _____ __, 2020_, Town issued RFP No. ___-____ (the “Solicitation”)for ______ services (the
“Services”). Vendor submitted a proposal or bid dated _____ __, 2020_ (the “Proposal”) and was selected
to provide the Services. This Contract, together with the Contract Documents described herein, is the
“Resultant Contract” contemplated in the Solicitation. The Town and the Vendor are sometimes referred
to in the Resultant Contract collectively as the “Parties” and each individually as a “Party.”
1. CONTRACT DOCUMENTS: The Resultant Contract consists of the following contract documents,
which by this reference are incorporated herein:
A. This signed Contract;
B. The Request for Proposals for Electrical Services;
C. The Proposal submitted by __________; and
D. .Exhibit B - WIFA Requirements
2. PRIORITY OF DOCUMENTS: In the event of a conflict between the Solicitation and the Proposal, the
terms of the Solicitation will govern. In the event of a conflict between the Solicitation and this Contract,
this Contract shall govern.
3. SCOPE OF SERVICES: The Vendor shall provide the Town the services described in the Solicitation
and the Proposal.
4. CONTRACT PRICING: Contract pricing is set forth in Exhibit C.
5. TERM OF CONTRACT: The term of the Contract is one year, commencing on __________________
and terminating on ____________ unless sooner terminated in accordance with the provisions set forth
in the Resultant Contract documents. The Town reserves the right, at its sole discretion, to extend the
Resultant Contract for up to four (4) additional terms of one year each. The total length of the Resultant
Contract shall not exceed five (5) years. Additionally, the Resultant Contract may be extended
unilaterally for a period of thirty-one days or a portion thereof.
IN WITNESS WHEREOF, the Parties have executed this Contract effective as of the Effective Date set
forth above.
Town of Queen Creek, an Arizona municipal corporation:
RFP No. 21-012 Electrical Services
Page 46 of 47
By:_____________________________________
Date: ________________________
Mayor Gail Barney
By:____________________________
Town Manager John Kross
Approved as to form:
Attest:
By:___________________________
___________________________________
Dickinson Wright PLLC
Town Clerk Maria Gonzalez
_____________________________, an Arizona ________________:
By:___________________________
Its:___________________________
RFP No. 21-012 Electrical Services
Page 47 of 47
EXHIBIT B – WIFA REQUIREMENTS
Please see below.
WIFA Contract Package – June 2019
Page 1 of 22
Governmental
Water Infrastructure Finance Authority of Arizona
Clean Water Revolving Fund
Drinking Water Revolving Fund
CONTRACT PACKET for Governmental Borrowers
This packet lists required contract conditions that apply to all Clean Water and
Drinking Water Revolving Fund projects and contains forms that must be used in the
procurement process. Please review this packet prior to bidding.
PLEASE NOTE
• This packet, in its entirety, must be physically included in all bidding,
solicitation and contract documents.
• Use of American Iron and Steel (AIS) applies to this project.:
o AIS includes the following products made primarily of iron or steel: lined
or unlined pipes and fittings, manhole covers and other municipal castings,
hydrants, tanks, flanges, pipe clamps and restraints, valves, structural
steel, reinforced precast concrete, and construction materials.
• Federal Davis-Bacon prevailing wages apply to this project.
o Payment of the wages, fringe benefits and overtime rates is required.
o The appropriate Federal (Davis-Bacon) Prevailing Wage Decision must be
physically incorporated into the bidding and contract documents.
o The construction category of Heavy (excluding dam construction) should
typically be applied to all projects funded by WIFA. If you believe that a
different category of wages, such as Building, should be applied to your
project or portions of your project, please contact WIFA in advance.
o Weekly certified payroll submittal is required under the Federal Davis-
Bacon laws.
• Compliance with the Civil Rights Act and Equal Employment Opportunity is
required.
• Promotion of Small, Minority and Women-owned Businesses and participation in
EPA’s Disadvantaged Business Enterprise (DBE) Program is required.
WIFA Contract Package – June 2019
Page 2 of 22
Governmental
Water Infrastructure Finance Authority of Arizona
Clean Water Revolving Fund
Drinking Water Revolving Fund
Required Contract Conditions
This project is being financed in whole or in part by the Water Infrastructure Finance
Authority of Arizona through the Clean Water or Drinking Water Revolving Fund. The
loan recipient is required to comply with the following federal and state laws, rules and
regulations and must ensure that their contractor(s) also comply(ies) with these
regulations, laws and rules.
1. (i) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352, 42 U.S.C. Sec.
2000d), (ii) the Rehabilitation Act of 1973 (Pub. L. 93-1123, 87 Stat. 355, 29
U.S.C. Sec. 794), (iii) the Age Discrimination Act of 1975 (Pub. L. 94-135 Sec.
303, 89 Stat. 713, 728, 42 U.S.C. Sec. 6102), (iv) Section 13 of the Federal Water
Pollution Control Act (Pub. L. 92-500, 33 U.S.C. Sec. 1251), and subsequent
regulations, ensures access to facilities or programs regardless of race, color,
national origin, sex, age or handicap.
2. Equal Employment Opportunity (Executive Order 11246, as amended by
Executive Orders 11375 and 12086 and subsequent regulations). Prohibits
employment discrimination on the basis of race, color, religion, sex or national
origin. Inclusion of the seven clauses in Section 202 of Executive Order 11246 as
amended by Executive Orders 11375 and 12086 are required in all project related
contracts and subcontracts over $10,000.
3. (i) Promoting the use of Small, Minority, and Women-owned Businesses
(Executive Orders 11625, 12138 and 12432), (ii) Small Businesses
Reauthorization & Amendment Act of 1988 (Section 129 of Pub. L. 100-590),
(iii) Department of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1993 (Pub. L. 102-389, 42 U.S.C. Sec.
437d), and (iv) Title X of the Clean Air Acts Amendments of 1990 (Pub. L. 101-
549, 42 U.S.C. Sec. 7601 note) (“EPA’s 10% statute”). Encourages recipients to
award construction, supply and professional service contracts to minority and
women’s business enterprises (MBE/WBE) and small businesses and requires
recipients to utilize affirmative steps in procurement.
4. Participation by Disadvantaged Business Enterprises in Procurement under
Environmental Protection Agency (EPA) Financial Assistance Agreements (40
C.F.R. Part 33).
5. Debarment and Suspension (Executive Order 12549). Prohibits entering into
contracts or sub-contracts with individuals or businesses who are debarred or
suspended. Borrowers are required to check the status of all contractors
(construction and professional services) and must require contractors to check the
status of subcontractors for contracts expected to be equal to or over $25,000 via
this Internet address: https://beta.SAM.gov.
WIFA Contract Package – June 2019
Page 3 of 22
Governmental
6. E-Verify (A.R.S. § 41-4401). A governmental entity shall not award a contract to
any contractor or subcontractor that fails to comply with A.R.S. § 23-214(A).
Every government entity shall (i) ensure that every government entity contractor
and subcontractor complies with the federal immigration laws and regulations that
relate to their employees and A.R.S. § 23-214(A); (ii) require that every
government entity contract include the required provisions listed under A.R.S. §
41-4401(A); and (iii) establish procedures to conduct random verification of the
employment records of government entity contractors and subcontractors.
WIFA Contract Package – June 2019
Page 4 of 22
Governmental
Water Infrastructure Finance Authority of Arizona
Clean Water Revolving Fund
Drinking Water Revolving Fund
Use of American Iron and Steel
Public Law 113-76, enacted January 17, 2014
SEC. 436. (a)(1) None of the funds made available by a State water pollution control
revolving fund as authorized by title VI of the Federal Water Pollution Control Act (33
U.S.C. 1381 et seq.) or made available by a drinking water treatment revolving loan fund
as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) shall
be used for a project for the construction, alteration, maintenance, or repair of a public
water system or treatment works unless all of the iron and steel products used in the
project are produced in the United States.
(2) In this section, the term ‘‘iron and steel products’’ means the following products
made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and
other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category of cases in which the
Administrator of the Environmental Protection Agency (in this section referred to as the
‘‘Administrator’’) finds that—
(1) applying subsection (a) would be inconsistent with the public interest;
(2) iron and steel products are not produced in the United States in sufficient and
reasonably available quantities and of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the United States will increase
the cost of the overall project by more than 25 percent.
(c) If the Administrator receives a request for a waiver under this section, the
Administrator shall make available to the public on an informal basis a copy of the
request and information available to the Administrator concerning the request, and shall
allow for informal public input on the request for at least 15 days prior to making a
finding based on the request. The Administrator shall make the request and
accompanying information available by electronic means, including on the official public
Internet Web site of the Environmental Protection Agency.
(d) This section shall be applied in a manner consistent with United States obligations
under international agreements.
(e) The Administrator may retain up to 0.25 percent of the funds appropriated in this Act
for the Clean and Drinking Water State Revolving Funds (CWSRF and DWSRF) for
carrying out the provisions described in subsection (a)(1) for management and oversight
of the requirements of this section.
(f) This section does not apply with respect to a project if a State agency approves the
engineering plans and specifications for the project, in that agency’s capacity to approve
such plans and specifications prior to a project requesting bids, prior to the date of the
enactment of this Act.
WIFA Contract Package – June 2019
Page 5 of 22
Governmental
Highlights from EPA Guidance on Use of American Iron and Steel
Complete document available at http://water.epa.gov/grants_funding/aisrequirement.cfm
What is considered American Iron and Steel?
What is an iron or steel product?
For purposes of the CWSRF and DWSRF projects that must comply with the AIS
requirement, an iron or steel product is one of the following made primarily of iron or
steel that is permanently incorporated into the public water system or treatment works:
lined or unlined pipes and fittings, manhole covers and other municipal castings,
hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced
precast concrete, and construction materials.
What is a ‘construction material’ for purposes of the AIS requirement?
Construction materials are those articles, materials, or supplies made primarily of iron
and steel, that are permanently incorporated into the project, not including mechanical
and/or electrical components, equipment and systems. Some of these products may
overlap with what is also considered “structural steel”. This includes, but is not limited
to, the following products: wire rod, bar, angles, concrete reinforcing bar, wire, wire
cloth, wire rope and cables, tubing, framing, joists, trusses, fasteners (i.e., nuts and bolts),
welding rods, decking, grating, railings, stairs, access ramps, fire escapes, ladders, wall
panels, dome structures, roofing, ductwork, surface drains, cable hanging systems,
manhole steps, fencing and fence tubing, guardrails, doors, and stationary screens.
What is NOT considered American Iron and Steel?
What is NOT considered a ‘construction material’ for purposes of the AIS
requirement?
Mechanical and electrical components, equipment and systems are NOT considered
construction materials. Mechanical equipment is typically that which has motorized parts
and/or is powered by a motor. Electrical equipment is typically any machine powered by
electricity and includes components that are part of the electrical distribution system. The
following examples (including their appurtenances necessary for their intended use and
operation) are NOT considered construction materials: pumps, motors, gear reducers,
drives (including variable frequency drives (VFDs)), electric/pneumatic/manual
accessories used to operate valves (such as electric valve actuators), mixers, gates,
motorized screens (such as traveling screens), blowers/aeration equipment, compressors,
meters, sensors, controls and switches, supervisory control and data acquisition
(SCADA), membrane bioreactor systems, membrane filtration systems, filters, clarifiers
and clarifier mechanisms, rakes, grinders, disinfection systems, presses (including belt
presses), conveyors, cranes, HVAC (excluding ductwork), water heaters, heat
exchangers, generators, cabinetry and housings (such as electrical boxes/enclosures),
lighting fixtures, electrical conduit, emergency life systems, metal office furniture,
shelving, laboratory equipment, analytical instrumentation, and dewatering equipment.
WIFA Contract Package – June 2019
Page 6 of 22
Governmental
Water Infrastructure Finance Authority of Arizona
Clean Water Revolving Fund
Drinking Water Revolving Fund
Use of American Iron and Steel - De Minimis Waiver
Every water infrastructure project involves the use of thousands of miscellaneous,
generally low-cost components that are essential for, but incidental to, the construction
and are incorporated into the physical structure of the project. For many of these
incidental components, the country of manufacture and the availability of alternatives is
not always readily or reasonably identifiable prior to procurement in the normal course of
business; for other incidental components, the county of manufacture may be known but
the miscellaneous character in conjunction with the low cost, individually and (in total) as
typically procured in bulk, mark them as properly incidental.
Examples of incidental components could include small washers, screws, fasteners (i.e.,
nuts and bolts), miscellaneous wire, corner bead, ancillary tube, etc.
Example of items that are clearly not incidental include significant process fittings (i.e.,
tees, elbows, flanges, and brackets), distribution system fittings and valves, force main
valves, pipes for sewer collection and/or water distribution, treatment and storage tanks,
large structural support structures, etc.
EPA has established a public interest waiver for de minimis incidental components. This
action permits the use of products when they occur in de minimis incidental components
of such projects.
• Funds used for such de minimis incidental components cumulatively may
comprise no more than a total of 5% of the total cost of the materials used in and
incorporated into a project.
• The cost of an individual item may not exceed 1% of the total cost of the
materials used in and incorporated into a project.
Assistance recipients who wish to use this waiver should in consultation with their
contractors determine the items to be covered by this waiver and must retain relevant
documentation (i.e., invoices) as to those items in their project files.
WIFA Contract Package – June 2019
Page 7 of 22
Governmental
Water Infrastructure Finance Authority of Arizona
Clean Water Revolving Fund
Drinking Water Revolving Fund
Davis-Bacon Contract Conditions (Federal Prevailing Wages)
PLEASE NOTE: Federal Davis-Bacon prevailing wages apply to this project. Payment
of the wages, fringe benefits and overtime rates is required.
The “subrecipient” referred to throughout the Davis-Bacon contract conditions is the
WIFA Borrower.
“WIFA” is the Water Infrastructure Finance Authority of Arizona, State Capitalization
Grant recipient, recipient, or the Authority.
WIFA Contract Package – June 2019
Page 8 of 22
Governmental
Wage Rate Requirements
(Also referred to as Attachment 6)
Preamble
With respect to the Clean Water and Drinking Water State Revolving Funds, EPA provides
capitalization grants to each State which in turn provides subgrants or loans to eligible
entities within the State. Although EPA and the State remain responsible for ensuring
subrecipients’ compliance with the wage rate requirements set forth herein, those
subrecipients shall have the primary responsibility to maintain payroll records as described in
Section 3(3)(ii)(A) below and for compliance as described in Section 5.
Requirements for Subrecipients That Are Governmental Entities:
The following terms and conditions specify how recipients will assist EPA in meeting its
Davis-Bacon (DB) responsibilities with respect to State recipients and subrecipients that are
governmental entities. If a subrecipient has questions regarding when DB applies, obtaining
the correct DB wage determinations, DB provisions, or compliance monitoring, it may
contact the State recipient. If a State recipient needs guidance, the recipient will contact EPA.
The recipient or subrecipient may also obtain additional guidance from DOL’s web site at
https://www.dol.gov/whd/govcontracts/dbra.htm.
1. Applicability of the Davis-Bacon prevailing wage requirements.
Davis-Bacon prevailing wage requirements apply to the construction, alteration, and repair of
treatment works carried out in whole or in part with assistance made available by a Clean
Water Revolving Fund and to any construction project carried out in whole or in part by
assistance made available by a Drinking Water Revolving Fund. If a subrecipient encounters
a unique situation at a site that presents uncertainties regarding DB applicability, the
subrecipient must discuss the situation with the State recipient before authorizing work on
that site.
2. Obtaining Wage Determinations.
(a) Subrecipients shall obtain the wage determination for the locality in which a covered
activity subject to DB will take place prior to issuing requests for bids, proposals, quotes or
other methods for soliciting contracts (solicitation) for activities subject to DB. These wage
determinations shall be incorporated into solicitations and any subsequent contracts. Prime
contracts must contain a provision requiring that subcontractors follow the wage
determination incorporated into the prime contract.
(i) While the solicitation remains open, the subrecipient shall monitor
www.wdol.gov weekly to ensure that the wage determination contained in the
solicitation remains current. The subrecipient shall amend the solicitation if DOL
issues a modification more than 10 days prior to the closing date (i.e. bid
opening) for the solicitation. If DOL modifies or supersedes the applicable wage
determination 10 days or less prior to the closing date, the subrecipient may
request a finding from the State recipient that there is not a reasonable time to
notify interested contractors of the modification of the wage determination. The
State recipient will provide a report of its findings to the subrecipient.
(ii) If the subrecipient does not award the contract within 90 days of the closure of
the solicitation, any modifications or supersedes DOL makes to the wage
WIFA Contract Package – June 2019
Page 9 of 22
Governmental
determination contained in the solicitation shall be effective unless the State
recipient, at the request of the subrecipient, obtains an extension of the 90 day
period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The subrecipient shall
monitor www.wdol.gov on a weekly basis if it does not award the contract within
90 days of closure of the solicitation to ensure that wage determinations
contained in the solicitation remain current.
(b) If the subrecipient carries out activity subject to DB by issuing a task order, work
assignment or similar instrument to an existing contractor (ordering instrument) rather than
by publishing a solicitation, the subrecipient shall insert the appropriate DOL wage
determination from www.wdol.gov into the ordering instrument. Typically, the appropriate
wage determination would be the one in effect on the date the task order, work assignment or
similar instrument is awarded.
(c) Subrecipients shall review all subcontracts subject to DB entered into by prime
contractors to verify that the prime contractor has required its subcontractors to include the
applicable wage determinations.
(d) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to
a subrecipient’s contract after the award of a contract or the issuance of an ordering
instrument if DOL determines that the subrecipient has failed to incorporate a wage
determination or has used a wage determination that clearly does not apply to the contract or
ordering instrument. If this occurs, the subrecipient shall either terminate the contract or
ordering instrument and issue a revised solicitation or ordering instrument or incorporate
DOL’s wage determination retroactive to the beginning of the contract or ordering instrument
by change order. The subrecipient’s contractor must be compensated for any increases in
wages resulting from the use of DOL’s revised wage determination.
3. Contract and Subcontract provisions.
The recipient shall insure that the subrecipient(s) shall insert in full in any contract in excess
of $2,000 which is entered into for the actual construction, alteration and/or repair, including
painting and decorating, of a treatment work under the CWSRF or a construction project
under the DWSRF financed in whole or in part from Federal funds or in accordance with
guarantees of a Federal agency or financed from funds obtained by pledge of any contract of
a Federal agency to make a loan, grant or annual contribution (except where a different
meaning is expressly indicated), and which is subject to the labor standards provisions of any
of the acts listed in 29 CFR § 5.1, the following clauses:
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid
unconditionally and not less often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are permitted by regulations issued
by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages
and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed
at rates not less than those contained in the wage determination of the Secretary of Labor
which is attached hereto and made a part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor and such laborers and mechanics.
WIFA Contract Package – June 2019
Page 10 of 22
Governmental
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section
1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid
to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this
section; also, regular contributions made or costs incurred for more than a weekly period (but
not less often than quarterly) under plans, funds, or programs which cover the particular
weekly period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on
the wage determination for the classification of work actually performed, without regard to
skill, except as provided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in
more than one classification may be compensated at the rate specified for each classification
for the time actually worked therein: provided that the employer's payroll records accurately
set forth the time spent in each classification in which work is performed. The wage
determination (including any additional classification and wage rates conformed under
paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at
all times by the contractor and its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers.
Subrecipients may obtain wage determinations from the U.S. Department of Labor’s web
site, www.dol.gov.
(ii)(A) The subrecipient(s), on behalf of EPA, shall require that any class of laborers or
mechanics, including helpers, which is not listed in the wage determination and which is to
be employed under the contract shall be classified in conformance with the wage
determination. The State award official shall approve a request for an additional classification
and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the subrecipient(s) agree on the classification and wage
rate (including the amount designated for fringe benefits where appropriate), documentation
of the action taken and the request, including the local wage determination shall be sent by
the subrecipient(s) to the State award official. The State award official will transmit the
request, to the Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC 20210 and to the EPA DB
Regional Coordinator concurrently. The Administrator, or an authorized representative, will
approve, modify, or disapprove every additional classification request within 30 days of
receipt and so advise the State award official or will notify the State award official within the
30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification
or their representatives, and the subrecipient(s) do not agree on the proposed classification
and wage rate (including the amount designated for fringe benefits, where appropriate), the
award official shall refer the request and the local wage determination, including the views of
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all interested parties and the recommendation of the State award official, to the Administrator
for determination. The request shall be sent to the EPA DB Regional Coordinator
concurrently. The Administrator, or an authorized representative, will issue a determination
within 30 days of receipt of the request and so advise the contracting officer or will notify the
contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1)(ii)(B) or (C) of this section, shall be paid to all workers performing work in
the classification under this contract from the first day on which work is performed in the
classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination or shall pay another bona fide
fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor
may consider as part of the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits under a plan or program,
provided that the Secretary of Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor
may require the contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program.
(2) Withholding. The subrecipient(s), shall upon written request of the EPA Award Official
or an authorized representative of the Department of Labor, withhold or cause to be withheld
from the contractor under this contract or any other Federal contract with the same prime
contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage
requirements, which is held by the same prime contractor, so much of the accrued payments
or advances as may be considered necessary to pay laborers and mechanics, including
apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full
amount of wages required by the contract. In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee, or helper, employed or working on the site of the
work, all or part of the wages required by the contract, the recipient may, after written notice
to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause
the suspension of any further payment, advance, or guarantee of funds until such violations
have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the
course of the work and preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work. Such records shall contain the name, address, and
social security number of each such worker, his or her correct classification, hourly rates of
wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits
or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon
Act), daily and weekly number of hours worked, deductions made and actual wages paid.
Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any
laborer or mechanic include the amount of any costs reasonably anticipated in providing
benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the
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contractor shall maintain records which show that the commitment to provide such benefits is
enforceable, that the plan or program is financially responsible, and that the plan or program
has been communicated in writing to the laborers or mechanics affected, and records which
show the costs anticipated or the actual cost incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall maintain written evidence
of the registration of apprenticeship programs and certification of trainee programs, the
registration of the apprentices and trainees, and the ratios and wage rates prescribed in the
applicable programs.
(ii)(A) The contractor shall submit weekly, for each week in which any contract work is
performed, a copy of all payrolls to the subrecipient, that is, the entity that receives the sub-
grant or loan from the State capitalization grant recipient. Such documentation shall be
available on request of the State recipient or EPA. As to each payroll copy received, the
subrecipient shall provide written confirmation in a form satisfactory to the State indicating
whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based
on the most recent payroll copies for the specified week. The payrolls shall set out accurately
and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i),
except that full social security numbers and home addresses shall not be included on the
weekly payrolls. Instead the payrolls shall only need to include an individually identifying
number for each employee (e.g., the last four digits of the employee's social security
number). The required weekly payroll information may be submitted in any form desired.
Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web
site at www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors. Contractors and
subcontractors shall maintain the full social security number and current address of each
covered worker, and shall provide them upon request to the subrecipient(s) for transmission
to the State or EPA if requested by EPA, the State, the contractor, or the Wage and Hour
Division of the Department of Labor for purposes of an investigation or audit of compliance
with prevailing wage requirements. It is not a violation of this section for a prime contractor
to require a subcontractor to provide addresses and social security numbers to the prime
contractor for its own records, without weekly submission to the subrecipient(s).
(B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by
the contractor or subcontractor or his or her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided
under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being
maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is
correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed
on the contract during the payroll period has been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned, other than permissible deductions as set forth in
Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classification of work performed, as specified in
the applicable wage determination incorporated into the contract.
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(C) The weekly submission of a properly executed certification set forth on the reverse side
of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of
Compliance” required by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231
of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i)
of this section available for inspection, copying, or transcription by authorized
representatives of the State, EPA or the Department of Labor, and shall permit such
representatives to interview employees during working hours on the job. If the contractor or
subcontractor fails to submit the required records or to make them available, the Federal
agency or State may, after written notice to the contractor, sponsor, applicant, or owner, take
such action as may be necessary to cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required records upon request or to
make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees -
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for
the work they performed when they are employed pursuant to and individually registered in a
bona fide apprenticeship program registered with the U.S. Department of Labor, Employment
and Training Administration, Office of Apprenticeship Training, Employer and Labor
Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is
employed in his or her first 90 days of probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in the program, but who has been
certified by the Office of Apprenticeship Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft
classification shall not be greater than the ratio permitted to the contractor as to the entire
work force under the registered program. Any worker listed on a payroll at an apprentice
wage rate, who is not registered or otherwise employed as stated above, shall be paid not less
than the applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any apprentice performing work on the job site in excess of
the ratio permitted under the registered program shall be paid not less than the applicable
wage rate on the wage determination for the work actually performed. Where a contractor is
performing construction on a project in a locality other than that in which its program is
registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for
the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination. Apprentices shall be paid fringe benefits in
accordance with the provisions of the apprenticeship program. If the Apprenticeship program
does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable classification. If the Administrator
determines that a different practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination. In the event the Office of
Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency
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recognized by the Office, withdraws approval of an apprenticeship program, the contractor
will no longer be permitted to utilize apprentices at less than the applicable predetermined
rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at
less than the predetermined rate for the work performed unless they are employed pursuant to
and individually registered in a program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site shall not be greater than
permitted under the plan approved by the Employment and Training Administration. Every
trainee must be paid at not less than the rate specified in the approved program for the
trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified
in the applicable wage determination. Trainees shall be paid fringe benefits in accordance
with the provisions of the trainee program. If the trainee program does not mention fringe
benefits, trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour Division determines that there
is an apprenticeship program associated with the corresponding journeyman wage rate on the
wage determination which provides for less than full fringe benefits for apprentices. Any
employee listed on the payroll at a trainee rate who is not registered and participating in a
training plan approved by the Employment and Training Administration shall be paid not less
than the applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any trainee performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not less than the applicable wage
rate on the wage determination for the work actually performed. In the event the Employment
and Training Administration withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for the
work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen
under this part shall be in conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the EPA determines
may by appropriate, and also a clause requiring the subcontractors to include these clauses in
any lower tier subcontracts. The prime contractor shall be responsible for the compliance by
any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be
grounds for termination of the contract, and for debarment as a contractor and a subcontractor
as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements. All rulings and
interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are
herein incorporated by reference in this contract.
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(9) Disputes concerning labor standards. Disputes arising out of the labor standards
provisions of this contract shall not be subject to the general disputes clause of this contract.
Such disputes shall be resolved in accordance with the procedures of the Department of
Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause
include disputes between the contractor (or any of its subcontractors) and subrecipient(s), the
State recipient, EPA, the U.S. Department of Labor, or the employees or their
representatives.
(10) Certification of eligibility.
(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any
person or firm who has an interest in the contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR
5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award
of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR
5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18
U.S.C. 1001.
4. Contract Provision for Contracts in Excess of $100,000.
(a) Contract Work Hours and Safety Standards Act. The subrecipient shall insert the
following clauses set forth in paragraphs (a)(1), (2), (3), and (4) of this section in full in any
contract in an amount in excess of $100,000 and subject to the overtime provisions of the
Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to
the clauses required by Item 3 above or 29 CFR 4.6. As used in this paragraph, the terms
laborers and mechanics include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of 40 hours in such workweek unless such laborer
or mechanic receives compensation at a rate not less than one and one-half times the basic
rate of pay for all hours worked in excess of 40 hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of
the clause set forth in paragraph (a)(1) of this section the contractor and any subcontractor
responsible therefore shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each individual laborer
or mechanic, including watchmen and guards, employed in violation of the clause set forth in
paragraph (a)(1) of this section, in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek of 40 hours
without payment of the overtime wages required by the clause set forth in paragraph (a)(1) of
this section.
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(3) Withholding for unpaid wages and liquidated damages. The subrecipient, upon written
request of the EPA Award Official or an authorized representative of the Department of
Labor, shall withhold or cause to be withheld, from any moneys payable on account of work
performed by the contractor or subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same prime contractor,
such sums as may be determined to be necessary to satisfy any liabilities of such contractor
or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth
in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses
set forth in paragraph (a)(1) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (a)(1) through (4) of this section.
(b) In addition to the clauses contained in Item 3 above, in any contract subject only to the
Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in
29 CFR 5.1, the subrecipient shall insert a clause requiring that the contractor or
subcontractor shall maintain payrolls and basic payroll records during the course of the work
and shall preserve them for a period of three years from the completion of the contract for all
laborers and mechanics, including guards and watchmen, working on the contract. Such
records shall contain the name and address of each such employee, social security number,
correct classifications, hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. Further, the subrecipient shall insert in any such
contract a clause providing that the records to be maintained under this paragraph shall be
made available by the contractor or subcontractor for inspection, copying, or transcription by
authorized representatives of the recipient and the Department of Labor, and the contractor or
subcontractor will permit such representatives to interview employees during working hours
on the job.
5. Compliance Verification
(a) The subrecipient shall periodically interview a sufficient number of employees entitled to
DB prevailing wages (covered employees) to verify that contractors or subcontractors are
paying the appropriate wage rates. As provided in 29 CFR 5.6(a)(6), all interviews must be
conducted in confidence. The subrecipient must use WIFA’s interview form, Department of
Labor’s Standard Form 1445, or equivalent documentation to memorialize the interviews.
WIFA’s interview form and instructions are included with this packet.
(b) The subrecipient shall establish and follow an interview schedule based on its assessment
of the risks of noncompliance with DB posed by contractors or subcontractors and the
duration of the contract or subcontract. Subrecipients must conduct more frequent interviews
if the initial interviews or other information indicated that there is a risk that the contractor or
subcontractor is not complying with DB. Subrecipients shall immediately conduct interviews
in response to an alleged violation of the prevailing wage requirements. All interviews shall
be conducted in confidence.
(c) The subrecipient shall periodically conduct spot checks of a representative sample of
weekly payroll data to verify that contractors or subcontractors are paying the appropriate
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wage rates. The subrecipient shall establish and follow a spot check schedule based on its
assessment of the risks of noncompliance with DB posed by contractors or subcontractors
and the duration of the contract or subcontract. At a minimum, if practicable, the subrecipient
should spot check payroll data within two weeks of each contractor or subcontractor’s
submission of its initial payroll data and two weeks prior to the completion date the contract
or subcontract. Subrecipients must conduct more frequent spot checks if the initial spot check
or other information indicates that there is a risk that the contractor or subcontractor is not
complying with DB. In addition, during the examinations the subrecipient shall verify
evidence of fringe benefit plans and payments thereunder by contractors and subcontractors
who claim credit for fringe benefit contributions.
(d) The subrecipient shall periodically review contractors and subcontractors use of
apprentices and trainees to verify registration and certification with respect to apprenticeship
and training programs approved by either the U.S Department of Labor or a state, as
appropriate, and that contractors and subcontractors are not using disproportionate numbers
of laborers, trainees and apprentices. These reviews shall be conducted in accordance with
the schedules for spot checks and interviews described in Item 5(b) and (c) above.
(e) Subrecipients must immediately report potential violations of the DB prevailing wage
requirements to the EPA DB contact listed below and to the appropriate DOL Wage and
Hour District Office listed at www.dol.gov/whd.
Joe Ochab, EPA Region 9, 75 Hawthorne St. (P-22), San Francisco, CA 94105
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Clean Water Revolving Fund
Drinking Water Revolving Fund
Equal Employment
Inclusion of these seven clauses (excerpt from Executive Order No. 11246, Section 202
as amended by Executive Order 11375 and 12086) is required in all CWRF and DWRF
project related contracts and subcontracts over $10,000:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex or national origin. The contractor will
take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not be limited to the following: employment,
upgrading, 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 agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the contracting
officer setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, or national origin.
(3) The contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice, to
be provided by the agency contracting officer, advising the labor union or worker’s
representative of the contractor’s commitments under Section 202 of Executive Order
No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order No. 11246 of Sept.
24, 1965, and all of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order
No. 11246 of Sept. 24, 1965, and by the rules, regulations and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by
the contracting agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor’s noncompliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be
cancelled, terminated or suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts in accordance with procedures authorized in
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Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed
and remedies invoked as provided in Executive Order No. 11246 of Sept. 24, 1965, or by
rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(7) The contractor will include the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sept.
24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or purchase order as may
be directed by the Secretary of Labor as a means of enforcing such provisions including
sanctions for noncompliance: provided, however, that in the event the contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of
such direction, the contractor may request the United States to enter into such litigation to
protect the interests of the United States.
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Water Infrastructure Finance Authority of Arizona
Clean Water Revolving Fund
Drinking Water Revolving Fund
Disadvantaged Business Enterprises (DBE)
Good Faith Efforts
Borrowers and their prime contractors must follow, document, and maintain
documentation of their good faith efforts as listed below to ensure that Certified
Disadvantaged Business Enterprises* (DBEs) have the opportunity to participate in the
project by increasing DBE awareness of procurement efforts and outreach.
1. Ensure DBEs are made aware of contracting opportunities to the fullest extent
practicable through outreach and recruitment activities; including placing DBEs
on solicitation lists and soliciting them whenever they are potential sources.
2. Make information on forthcoming opportunities available to DBEs and arrange
time frames for contracts and establish delivery schedules, where the
requirements permit, in a way that encourages and facilitates participation by
DBEs in the competitive process. This includes, whenever possible, posting
solicitation for bids or proposals for a minimum of 30 calendar days before the
bid or proposal closing date.
3. Consider in the contracting process whether firms competing for large contracts
could be subcontracted with DBEs. This will include dividing total requirements
when economically feasible into smaller tasks or quantities to permit maximum
participation by DBEs in the competitive process.
4. Encourage contracting with a consortium of DBEs when a contract is too large for
one of these firms to handle individually.
5. Use the services and assistance of the Small Business Administration and the
Minority Business Development Agency of the U. S. Department of Commerce.
6. If the prime contractor awards subcontracts, require the prime contractor to take
the steps in numbers 1 through 5 above.
Required Contract Conditions
These conditions must be included in all procurement contracts entered into by the
Borrower for all DWRF and CWRF projects:
1. The prime contractor must pay its subcontractor for satisfactory performance no
more than 30 days from the prime contractor’s receipt of payment from the
owner.
2. The prime contractor must notify the owner in writing prior to the termination of
any Disadvantaged Business Enterprise subcontractor for convenience by the
prime contractor.
3. If a Disadvantaged Business Enterprise contractor fails to complete work under
the subcontract for any reason, the prime contractor must employ the six good
faith efforts if soliciting a replacement contractor.
4. The prime contractor must continue to employ the six good faith efforts even if
the prime contractor has achieved its fair share objectives.
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5. The prime contractor must provide EPA Form 6100-2 DBE Program
Subcontractor Participation Form** to all of its Disadvantaged Business
Enterprise subcontractors. Disadvantaged Business Enterprise subcontractors may
send completed Form 6100-2 directly to the Region 9 DBE Coordinator listed
below:
Joe Ochab, EPA Region 9, 75 Hawthorne St. (P-22), San Francisco, CA 94105
6. The prime contractor must have its Disadvantaged Business Enterprise
subcontractors complete EPA Form 6100-3 - DBE Program Subcontractor
Performance Form**. The prime contractor must include all completed forms as
part of the prime contractor’s bid or proposal package to the Borrower.
7. The prime contractor must complete and submit EPA Form 6100-4 DBE Program
Subcontractor Utilization Form** as part of the prime contractor’s bid or proposal
package to the Borrower.
8. A Borrower must ensure that each procurement contract it awards contains the
following terms and conditions:
The contractor shall not discriminate on the basis of race, color, national
origin or sex in the performance of this contract. The contractor shall carry
out applicable requirements of 40 CFR Part 33 in the award and
administration of contracts awarded under EPA financial assistance
agreements. Failure by the contractor to carry out these requirements is a
material breach of this contract which may result in the termination of this
contract or other legally available remedies.
* A DBE is a Disadvantaged, Minority, or Woman Business Enterprise that has been
certified by an entity from which EPA accepts certifications as described in 40 CFR
33.204-33.205 or certified by EPA. EPA accepts certifications from entities that meet or
exceed EPA certification standards as described in 40 CFR 33.202.
** DBE forms can be downloaded from
http://www.epa.gov/osbp/dbe_contract_admin.htm
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ATTACHMENTS
DBE Forms
http://www.epa.gov/osbp/dbe_contract_admin.htm
6100-2 - DBE Program Subcontractor Participation Form
6100-3 - DBE Program Subcontractor Performance Form
6100-4 - DBE Program Subcontractor Utilization Form
Davis-Bacon Forms
WH-1321 - Davis-Bacon poster
WH-347 - Payroll and certification form
SF1444 - Wage Determination Request form
Employee Interview form
American Iron and Steel
Sample Step Certification Letter (Processed/Manufactured)
Sample Step Certification Letter (Shipped/Provided)