Linking Agreement with The W.W. Williams Company, LLC
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LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND THE W.W. WILLIAMS COMPANY, LLC This Linking Agreement (“Agreement”) is entered into as of this day of » 2025, between the City of Glendale, an Atizona municipal corporation (“City”), and The W.W. Williams Company, LLC, a Delaware limited liability company, authorized to do business in Atizona (“Contractor”), collectively, the “Parties.” RECITALS A. On January 16, 2025, The W.W. Williams Company, LLC, a member of the S.A.V.E.Cooperative Purchasing Agreement, State of Arizona-ADOT, entered into a contract with Contractor to purchase the goods and services described in the Parts and Repair for Off-Road Heavy Duty Equipment Contract No. CTRO75383 (“Cooperative Agteement”), which is attached hereto as Exhibit A. The Cooperative Agreement allows its cooperative use by other governmental agencies, including the City. B. Section 2-149 of the City’s Procurement Code permits the Finance Director to procure goods and services by participating with othet governmental units in cooperative purchasing agreements when the best interests of the City would be served. C. Section 2-149 also provides that the Finance Director may enter into such cooperative agreements without meeting the formal or informal solicitation and bid requirements of Glendale City Code Sections 2-145 and 2-146. D. The City wishes to contract with Contractor for supplies or services identical to those being provided to other units of government under the Cooperative Agreement. Contractor consents to the City’s cooperative use of the terms and conditions of the Cooperative Agreement, and agrees to provide the supplies and services set forth in the Statement of Work appended hereto as Exhibit B. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference, and the covenants and promises contained in this Linking Agreement, the parties agree as follows: 1. Term of Agreement. A, As provided in the Cooperative Agreement, purchases can be made by governmental entities from the date of award, which was January 16, 2025, until the date the contract terminates on January 15, 2026, unless the term is extended by mutual agreement of the parties to the Cooperative Agreement. The Cooperative Agreement, however, may not be extended beyond January 15, 2030. The initial period of this Agreement is the period from the Effective Date of this Agreement until January 15, 2026. B. The City may extend the term of this Agreement for the same supplemental periods of up to a maximum of forty-eight (48) months consistent with any extension of the Cooperative Agteement. ‘The City will give the Contractor notice that it is exercising its option to extend 1 01/28/2025 this Agreement 30 days prior to the anniversary of the Effective Date. Glendale extensions are not automatic and shall only occur if the City affirmatively exercises its right to extend this Agreement. Scope of Work: Terms, Conditions, and Specifications. A. Contractor shall provide City the supplies and/or services identified in the Scope of Work attached as Exhibit B. B. Contractor agrees to comply with all the terms, conditions and specifications of the Cooperative Purchasing Agreement. Such tetms, conditions and specifications are specifically incorporated into and are an enforceable part of this Agreement. Compensation. A. City shall pay Contractor compensation at the same rate and on the same schedule as provided in the Cooperative Purchasing Agreement, which is attached hereto as Exhibit C. B. The total purchase price for the supplies and/or services purchased under this Agreement shall not exceed seven hundred fifty thousand dollars ($750,000) for the entire term of the Agreement (initial term plus any extensions). Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511. Non-discrimination. Contractor must not discriminate against any employee or applicant for employment on the basis of race, color, teligion, sex, national origin, age, marital status, sexual orientation, gender identity or expression, genetic characteristics, familial status, U.S. military veteran status or any disability. Contractor will require any Sub-contractor to be bound to the same requirements as stated within this section. Contractor, and on behalf of any subcontractors, warrants compliance with this section. Insurance Certificate. A certificate of insurance applying to this Agreement must be provided to the City prior to the Effective Date. E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the requirements of ARS. § 41-4401. No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the parties hereby certify that they are not currently engaged in, and agree for the duration of the Agreement to not engage in, a boycott of goods or services from Israel, as that term is defined in A.R.S § 35-393. Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and during the term of this Agreement, will not use: a. the forced labor of ethnic Uyghurs in the People’s Republic of China; b. any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; and 01/28/2025 c any contractors, subcontractors or suppliers that use the forced labor or any goods ot services produced by the Forced labor of ethnic Uyghurs in the People’s Republic of China. 10, Attestation of PC! Compliance, When applicable, the Contactor will provide the City annually with a Payment Card fodustry Data Sceutity Standard (PCI DSS) attestation of compliance certificate signed by an officer of Contractor with oversight responsibility. 11. Notices, Any notices that ius be peovided uncer this Agreement shall be sent to the Patties’ fespective authorized representatives at the addiess listed below: City of Glendale c/o Sandy Ressler - Fleet Management 6210 W. Myrtle Avenue Glendale, AZ 85304 and ‘Vhe WAX, Williams Company, LLC c/o Jack Delarosa 2602 S. 19" Avenue Phoenix, AZ 85009 IN WITNESS WHERBOF, the patties hereto have exccutert this Agreement as of the date and year set forth above. “City” “Contractor” City of Glendale, an Arizona The WAV. Williams Company, LLC, municipal corporation a Delaware limited liability company Bye _ By: Kevin R. Phelps Name: Red City Manager Tide: Beasfch Manager ATYEST: Julie K. Bower ~~ | | City Clerk APPROVED AS TO ORM: i Michael D. Bailey City Attorney 01/28/2025 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND THE W.W. WILLIAMS COMPANY, LLC EXHIBIT A STATE OF ARIZONA-ADOT CONTRACT NO. CTR075383 PARTS AND REPAIR FOR OFF-ROAD HEAVY DUTY EQUIPMENT Docusign Envelope 1D: 469DD02D-1A52-4246-BSDF-6B4BEB7E4B48 oO Procurement OFFER AND ACCEPTANCE OFFER TO THE STATE OF ARIZONA: The undersigned hereby offers and agrees to perform in compliance with all terms, conditions, specifications and amendments of this solicitation and any written exceptions in the offer. Signature also acknowledges receipt of all pages Indicated in the Table of Contents. Offeror (Company} Name Signature of Person Authorized to Sign Offer W.W. Williams "pet ‘Address Printed Name “J Date 2602 S. 19" Ave, George Vejar 12/03/2024 City State Zip Title Phoenix, AZ. 85009 Service Manager Email Address Phone Number gvejar@wwwilliams.com 480-349-5391 Company Emall Address Fax Number gvejar@williams.com N/A By signature in the Offer section above, the Offeror certifies that the submission of the Offer did not involve collusion or other anticompetitive practices. ACCEPTANCE OF OFFER (FOR DEPARTMENT USE ONLY) The Contractor Is now bound to perform based upon Contract Number CT RO75383including all terms, conditions, specifications, amendments, etc., and the Contractor's offer as accepted by the state. The Contractor Is hereby cautioned not to commence any billable work or provide any material, service or construction under this contract until contractor receives a purchase order document. State of Arizona Effective this 16 day of January 20 25 by: ‘DocuSigned by: [ Panet Veal 1/16/2025 ~ 69C51CE38A6E4BB... Procurement Officer Awarded Date Solicitation No: BPM006442 Avallable online at - Page 1 of 1 https:, 22,20 Rev 04/2020 ADOT BOYCOTT OF ISRAEL DISCLOSURE Procurement Boycott of Israel Disclosure Please note that If any of the following apply to this Solicitation, Contract, or Contractor, then the Offeror shall select the “Exempt Solicitation, Contract, or Contractor” option below: The Solicitation or Contract has an estimated value of less than $100,000; Contractor is a sole proprietorship; Contractor has fewer than ten (10) employees; OR Contractor Is a non-profit organization. Pursuant to A.R.S. §35-393.01, public entities are prohibited from entering into contracts “uniess the contract Includes a written certification that the company is not currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of goods or services from Israel.” Under A.R.S, §35-393: 1. "Boycott" means engaging in a refusal to deal, terminating business activities or performing other actions that are intended to limit commercial relations with entitles doing business in Israel or in territories controlled by Israel, if those actions are taken either: (a) Based In part on the fact that the entity does business in israel or in territories controlled by Israel. (b) In a manner that discriminates on the basis of nationality, national origin or religion and that Is not based on a valid business reason. 2. "Company" means an organization, association, corporation, partnership, Joint venture, limited partnership, limited liability Partnership, limited liability company or other entity or business association, Including a wholly owned subsidiary, majority- owned subsidiary, parent company or affiliate, that engages In for-profit activity and that has ten or more full-time employees, 3. "Public entity": (a) Means this State, a polftical subdivision of this State or an agency, board, commission or department of this State or a political subdivision of this State. (b) Includes the universities under the jurisdiction of the Arizona board of regents and community college districts as defined in section 15-1401. The certification below does not Include boycotts prohibited by 50 United States Code Section 4842 or a regulation issued pursuant to that section. See A.R.S, §35-393.03. In compliance with A.R.S. §§35-393 et seq., all offerors must select ane of the following: The Company submitting this Offer does not participate in, and agrees not to participate in during the term of the we contract, a boycott of Israel in accordance with A.R.S. §§35-393 et seq, | understand that my entire response will _become public record in accordance with A.A.C, R2-7-C317. C1 | The Company submitting this Offer does participate in a boycott of Israel as described in A.R.S. §§35-393 et seq. Exempt Solicitation, Contract, or Contractor. Indicate which of the following statements applies to this Contract: qo C Solicitation or Contract has an estimated value of less than $100,000; 1 Contractor is a sole proprietorship; U Contractor has fewer than ten (10) employees; and/or C Contractor is a non-profit organization. W.W. Williams Company Name Signature of Person Mujhorized to Sign 2602 S. 19" Ave. George Vejar Address Printed Name Phoenix, AZ. 85009 Service Manager city State Zip Title Solicitation No; BPM006442 Available online at Page lof 1 https://app.az.gov (Rev 09/2022} LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND THE W.W. WILLIAMS COMPANY, LLC EXHIBIT B Scope of Work To provide parts and repair services to city-owned heavy-duty vehicles and equipment on an as-needed basis. STATE OF ARIZONA LA CT ARIZONA DEPARTMENT OF TRANSPORTATION 1655 W. Jackson St., MD 100P Procurement Phoenix, AZ 85007 INVITATION FOR BID SOLICITATION NUMBER: BPM006442 DESCRIPTION: Parts and Repair for Off-Road Heavy Duty Equipment QUESTIONS: Inquiries regarding the solicitation are to be submitted online through the State’s e-Procurement system, Arizona Procurement Portal (APP) (https://app.az.gov/) using the Discussion Forum tab. OFFERORS ARE STRONGLY ENCOURAGED TO READ THE ENTIRE SOLICITATION. Patrick Breazeale Procurement Officer Phone: 602-712-8504 Email: PBreazeale@azdot.gov This solicitation is issued in accordance with A.R.S. §41-2533 and A.A.C. R2-7-B301 et seq., Competitive Sealed Bidding. “An Equal Opportunity Agency” The Arizona Department of Transportation, in accordance with the provisions of Title Vi of the Civil Rights Act of 1964 (78 Stat. 252.42 U.S.C. §§ 2000d-4) and the Americans with Disabilities Act (ADA), hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin in consideration for an award. Persons that require a reasonable accommodation based on language or disability should contact ADOT’s Procurement Office by phone (602) 712-7466. Requests should be made as early as possible to ensure the State has an opportunity to address the accommodation. Las personas que requieran asistencia (dentro de lo razonable) ya sea por el idioma o discapacidad deben ponerse en contacto con ADOT (602) 712-7466. Rev. 05/2023 ADOT TABLE OF CONTENTS Procurement SECTION PAGE Notice 1 Table of Contents 2 Specifications 3 Special Terms and Conditions 14 Uniform Terms and Conditions 26 EXHIBITS 1- Title VI/Non-Discrimination Assurances Appendix A 44 2- Title VI/Non-Discrimination Assurances Appendix E 45 3- ADOT Usage Report 46 Solicitation No: BPM006442 Available online at Page 2 of 46 https://app.az.gov, ADOT SPECIFICATIONS Procurement 1. Statement of Need 1.1. Pursuant to the Arizona Procurement Code, A.R.S. §41-2501 et seq., the State of Arizona Department of Transportation (Department), has a requirement for Parts and Repair for Off-Road Heavy Duty Equipment. 2. Introduction and Background 2.1, The State of Arizona intends to establish a statewide term contract for Parts and Repair for Off- Road Heavy Duty Equipment. Off-Road Heavy Duty Equipment is identified as equipment specifically designed for executing construction tasks, most frequently ones involving earthwork operations or other large construction tasks. 3. General Requirements 3.1. The Contractor shall have support mechanisms in place to support multiple agencies to meet the requirements of the solicitation for the service area being offered. 3.2. The Contractor shall provide the goods/services described in any or all of the following categories: 3.2.1.Category One: OEM Parts 3.2.2.Category Two: OEM Labor and Repair 3.2,3.Category Three: Equipment Labor and Repair with non-OEM parts 3.2.4.Category Four: Total Maintenance and Repair 3.3. The required services, components and related parts include but are not limited to the following: 3.3.1. Exhaust 3.3.2.Lighting & Electrical Systems 3.3.3.Belts & Hoses 3.3.4.Filters & PVC Valves 3.3.5.Suspensions, Alignments and Steering Systems 3.3.6.Brake Systems 3.3.7.Fuel Systems & Emissions 3.3.8.Charging & Starting 3.3.9.Cooling & Heating Systems 3.3.10. 3.3.11. 3.3.12. 3.3.13. 3.3.14. 3.3.15. Ignition & Tune-Up Power Train Systems, Engine, Transmission & Transaxle Engine Parts & Mounts Oils and Lubrication Systems Auto Body Repair Including Paint Preventative Maintenance 3.4. The areas of coverage will be in accordance to the Offer Response form. 4. Specific Requirements Solicitation No: BPM006442 Available online at Page 3 of 46 https://app.az.gov, ADOT SPECIFICATIONS Procurement 4.1. Category One: OEM Parts Requirements 4.1.1. OEM parts shall be provided by one or more of the following: 4.1.1.1. Current Authorized and/or Certified Dealer 4.1.1.2. Current Authorized Distributor; or 4.1.1.3, Product Manufacturer 4.1.2. OEM parts shall be new and conform to the OEM's specification, unless otherwise approved in writing by the eligible agency prior to delivery. 4.1.3. Pricing and Catalogs: All products shall be quoted from the most current product line price list/catalog. 4.1.3.1. Pricing structure for each manufacture parts list being offered will be in accordance with Offer Response Form. Pricing may be based on a discount from a manufacture’s price list or catalog, or a fixed price, or a combination of both with indefinite quantities. Multiple percentage discount structure is acceptable, 4.1.3.2. Catalogs and price lists shall be made available in either electronic or hardcopy formats upon request from an eligible agency. Electronic price lists shall contain the following at a minimum: 4.1.3.2.1. Contractors Part Number 4.1.3.2.2. Description 4.1.3.2.3, Catalog Price 4.1.3.3. Core charges shall be in the amount equivalent of any core charge paid by an eligible agency upon receipt of the core. Core charges shall be billed at actual cost. 4.1.3.4. Restocking fees shall be billed in accordance with the Offer Response Form. 4.1.4. Shipping and Delivery: The Contractor must have policies in place regarding late delivery, order tracking, restocking fees and any applicable cancellation process and will be in accordance to the Offer Response form. 4.1.4.1. Delivery of parts or equipment: The Contractor shall indicate delivery capacity for parts to specific locations at a pre-determined charge as indicated on the Offer Response form. 4.1.4.2. Same day delivery of parts request shall be delivered within six (6) hours after receipt of order. The Contractor shall inform the eligible agency if delivery is expected to exceed this stated time immediately upon receipt of order or as Solicitation No: BPM006442 Available online at Page 4 of 46 https://app.az.gov, ADOT Procurement SPECIFICATIONS 4.1.4.3. soon as late delivery is known. Same day delivery cut-off times will be as indicated on Offer Response form. Parts that are identified in stock for shipping for routine services shall be delivered within five (5) working days after receipt of order. Failure to deliver within this stated time may be considered as contract non-compliance. The Contractor shall inform the eligible agency if delivery is expected to exceed this stated time immediately upon receipt of order. 4.2. Category Two: OEM Labor and Repair Requirements 4.2.1.The Contractor shall provide services to any one or more of services listed in Paragraph 3.3. 4.2.2.0EM labor and repair services shall be provided by one or more of the following: 4.2.2.1. 4.2.2.2. 4.2.2.3. Current authorized and/or Certified dealer Current Authorized Distributors; or Product Manufactures 4.2.3.Certifications/Safety Standards/Regulations: The Contractor shall provide all necessary parts, supplies and labor necessary to perform repairs and shall meet or exceed all manufacture’s recommendations and standards. Repair services shall be performed in conformance with all provisions of this contract, legal statutes, code requirements, industry standards and applicable OEM specifications. 4.2.3.1. All work under this category shall be performed by qualified personnel. Qualified personnel must have the training and certification required to perform the work according to all applicable federal, state and local rules and regulations. The Contractor shall perform all services in a safe manner for means, methods, techniques, procedures and safety precautions. 4.2.3.2. The Contractors shall insure that all work will be professionally diagnosed, and that repairs will be performed by factory trained and/or manufacturer certified mechanics. Contractor personnel shall possess all required licenses and certifications to perform these services. It is the Contractors responsibility to insure safety standards are met and all Contractors personnel certifications are current. 4.2.3.3. The Contractor shall comply with all applicable laws and regulations including but not limited to the following: 4,2.3.3.1. Occupational Safety and Health Administration (OSHA) 4.2.3.3.2. All local, county, state and national laws and regulations 4.2.3.3.3. National Fire Protection Association (NFPA) requirements 4.2.3.3.4. Code of Federal Regulation (CFR) under Title 49 Solicitation No: BPM006442 Available online at Page 5 of 46 https://app.az.gov, ADOT SPECIFICATIONS Procurement 4.2.3.3.5. Federal Motor Carrier Safety Administration (FMCSA) Inspection, Repair, and Maintenance within Part 396 4.2.3.3.6. (FMCSA) Parts & Accessories Necessary for Safe Operation within Part 393 4.2.3.3.7. (FMCSA) Safety Standards within Part 571 4,2.3.3.8. The Society of Automotive Engineer (SAE) standards 4.2.4.Labor Rates: Labor rates for any labor levels that may be applicable to the service being offered shall be in accordance with the Offer Response form. 4.2.4.1. 4.2.4.2. 4.2.4.3. Calculated labor times shall be in accordance with the Offer response form. If the method of labor calculation is not a publicized manufacturer's service guideline, the Contractor must submit that information at the time of bid submittal. Labor rates and labor hours must be itemized on the estimate and invoice to the eligible agency. If the Contractor's software limits itemized information, the Contractor must list the breakdown in the narrative on the estimate and invoice. The Contractor shall have the ability to itemize labor hours to the tenth of the hour. 4.2.5.Shop Supplies: Shop Supplies shall not exceed 6% of the total labor cost per job. No item shall be charged as a part if it is charged as a shop supply. 4.2.6.Environmental/Additional Fees: Environmental Fees and or additional fees shall be listed separately on estimates and invoices and shall not exceed 3%, of the total job. Software fees, consultation fees, etc. shall not be included in the invoice. 4.2.7.Response Times: The Contractor shall provide turnaround time as estimated or quoted when scheduling services with eligible agencies in order to reduce downtime on equipment. 4.2.7.1. 4.2.7.2. 4.2.7.3. 4.2.7.4. The Contractor agrees to work within the agreed timeframe given to the eligible agency. A written or electronic quote that includes parts, materials, labor hours and estimated completion time shall be provided to the eligible agency prior to commencement of any work under this contract. All diagnostic testing shall require prior authorization from the eligible agency and shall begin within one (1) business day of receiving equipment. Repairs shall be started within twenty four (24) hours of receiving approval unless otherwise agreed upon by the eligible agency. Solicitation No: BPM006442 Available online at Page 6 of 46 https://app.az.gov, ADOT Procurement SPECIFICATIONS 4.2.8.Pickup/Delivery Service: The Contractor shall provide the cost if applicable of pickup and delivery service for equipment on Offer Response form. Pricing for this service shall be quoted in increments as noted on the Offer Response form. 4.2.8.1. 4.2.8.2. 4.2.8.3. 4.2.8.4, At the discretion of the eligible agency, repairs will be made at the Contractors facility with the equipment delivered and picked up by the eligible agency. Pickup and delivery service by the Contractor must be mutually agreed on prior to service. All Contractor personnel operating the eligible agencies equipment must possess a valid, appropriate class of driver’s license. Upon prior approval by the eligible agency, maintenance, repairs and services may be performed at the eligible agency locations. This service must be overseen by the eligible agency fleet staff. In the event pickup/delivery service is provided and multiple repair locations are available, the Contractor shall incur the cost or expense of transportation when not utilizing the nearest repair facility. 4.2.9.Equipment Storage: 4.2.9.1. 4.2.9.2. The Contractor shall be responsible for adequate and secure storage of all equipment at no cost to the eligible agency during repair services to include the Contractor waiting on parts or capacity to complete the repair. If a repair has not been started and the repair parts or repair lead-time is deemed not acceptable, the Department has the right to remove the equipment and transfer to another location without incurring additional storage fees. The Contractor shall be responsible for any stolen or damaged equipment while the equipment is in the Contractor's custody. 4.2.10. Optional Towing Services: The Contractor shall provide towing services if indicated on the Offer Response form only at the discretion of the eligible agencies request. Towing services shall be billed in accordance to the Offer Response form. 4.2.10.1. 4.2.10.2. The Contractor shall be responsible for ensuring the safety and security of the eligible agency equipment. Towing firms are required to take reasonable steps to establish anyone defined as an “agent” of the towing firm, is compliant with the requirements in A.A.C. Title 13, Chapter 13, article 12 (i.e. criminal background check, driving history). 4.2.11. Field Service Calls/Mobile Repair: The Contractor shall provide field service calls if indicated on the Offer Response form only at the discretion of the eligible agencies request. Field services shall be billed in accordance to the Offer Response form. In the event of a field service call, the mileage billed shall only be from the nearest service center to the dispatched location. Solicitation No: BPM006442 Available online at Page 7 of 46 https://app.az.gov, ADOT SPECIFICATIONS Procurement 4.3. Category Three: Equipment Labor and repair with non-OEM parts requirements: 4.3.1.The Contractor shall provide services to any one or more of services listed in Paragraph 3.3. 4.3.2.When labor and repair with non-OEM/aftermarket parts are provided, the following is applicable: 4.3.2.1. The Contractor shall only use non-OEM/aftermarket parts when OEM parts are unavailable. 4.3.2.2. The Contractor shall not sell non-OEM/aftermarket parts directly to the eligible agency. The parts must only be used in a repair service. 4.3.3.Certifications/Safety Standards/Regulations: The Contractor shall provide all necessary parts, supplies and labor necessary to perform repairs and shall meet or exceed all manufacture’s recommendations and standards. Repair services shall be performed in conformance with all provisions of this contract, legal statutes, code requirements, and industry standards. 4.3.3.1. All work under this category shall be performed by qualified personnel. Qualified personnel must have the training and certification required to perform the work according to all applicable federal, state and local rules and regulations. The Contractor shall perform all services in a safe manner for means, methods, techniques, procedures and safety precautions. 4.3.3.2. The Contractors shall insure that all work will be professionally diagnosed, and that repairs will be performed by trained mechanics. It is the Contractors responsibility to insure safety standards are met and all Contractors personnel certifications if applicable are current. 4.3.3.3. The Contractor shall comply with all applicable laws and regulations including but not limited to the laws and regulations listed in Paragraph 4.2.3.3. 4.3.4.Labor Rates: Labor rates for any labor levels that may be applicable to the service being offered shall be in accordance with the Offer Response form. 4.3.4.1. Calculated labor times shall be in accordance with the Offer response form. If the method of labor calculation is not a publicized manufacturer's service guideline, the Contractor must submit that information at the time of bid submittal. 4.3.4.2. Labor rates and labor hours must be itemized on the estimate and invoice to the eligible agency. If the Contractor’s software limits itemized information, the Contractor must list the breakdown in the narrative on the estimate and invoice. Solicitation No: BPM006442 Available online at Page 8 of 46 https://app.az.gov, ADOT SPECIFICATIONS Procurement 4.3.4.3. The Contractor shall have the ability to itemize labor hours to the tenth of the hour. 4.3.5.Shop Supplies: Shop Supplies shall not exceed 6% of the total labor cost per job. No item shall be charged as a part if it is charged as a shop supply. 4.3.6.Environmental/Additional Fees: Environmental Fees and or additional fees shall be listed separately on estimates and invoices and shall not exceed 3% of the total job. Software fees, consultation fees, etc. shall not be included in the invoice. 4.3.7.Response Times: The Contractor shall provide turnaround time as estimated or quoted when scheduling services with eligible agencies in order to reduce downtime on equipment, 4.3.7.1. The Contractor agrees to work within the agreed timeframe given to the eligible agency. 4.3.7.2. A written or electronic quote that includes parts, materials, labor hours and estimated completion time shall be provided to the eligible agency prior to commencement of any work under this contract. 4.3.7.3. All diagnostic testing shall require prior authorization from the eligible agency and shail begin within one (1) business day of receiving equipment. 4.3.7.4. Repairs shall be started within twenty four (24) hours of receiving approval unless otherwise agreed upon by the eligible agency. 4.3.8.Pickup/Delivery Service: The Contractor shall provide the cost if applicable of pickup and delivery service for equipment on Offer Response form. Pricing for this service shall be quoted in increments as noted on the Offer Response form. 4.3.8.1. At the discretion of the eligible agency, repairs will be made at the Contractors facility with the equipment delivered and picked up by the eligible agency. Pickup and delivery service by the Contractor must be mutually agreed on prior to service. 4.3.8.2. All Contractor personnel operating the eligible agencies equipment must possess a valid, appropriate class of driver's license. 4.3.8.3. Upon prior approval by the eligible agency, maintenance, repairs and services may be performed at the eligible agency locations. This service must be overseen by the eligible agency fleet staff. Solicitation No: BPM006442 Available online at Page 9 of 46 https://app.az.gov, ADOT SPECIFICATIONS Procurement 4.3.8.4. In the event pickup/delivery service is provided and multiple repair locations are available, the Contractor shall incur the cost or expense of transportation when not utilizing the nearest repair facility. 4.3.8.5. Equipment Storage: The Contractor shall be responsible for adequate and secure storage of all equipment at no cost to the eligible agency during repair services to include the Contractor waiting on parts or capacity to complete the repair. If a repair has not been started and the repair parts or repair lead-time is deemed not acceptable, the Department has the right to remove the equipment and transfer to another location without incurring additional storage fees. 4.3.8.6. The Contractor shall be responsible for any stolen or damaged equipment while the equipment is in the Contractor's custody. 4.3.9.Optional Towing Services: The Contractor shall provide towing services if indicated on the Offer Response form only at the discretion of the eligible agencies request. Towing services shall be billed in accordance to the Offer Response form. 4.3.9.1. The Contractor shall be responsible for ensuring the safety and security of the eligible agency equipment. 4.3.9.2. Towing firms are required to take reasonable steps to establish anyone defined as an “agent” of the towing firm, is compliant with the requirements in A.A.C. Title 13, Chapter 13, article 12 (i.e. criminal background check, driving history). 4.3.10. Field Service Calls/Mobile Repair: The Contractor shail provide field service calls if indicated on the Offer Response form only at the discretion of the eligible agencies request. Field services shall be billed in accordance to the Offer Response form. In the event of a field service call, the mileage billed shall only be in the originating location of the dispatched location. 4.4, Category Four: Total Maintenance and Repair requirements: A Total Maintenance and Repair (TM&R) is a service that covers all maintenance and repair costs for specific piece equipment for a specified period of time. Instead of maintenance or repairs on an as needed basis, the TM&R is a flat rate fee to coverall aspects of parts and services based on hourly run times of that equipment. 4.4.1.Scheduled Preventative Maintenance (PM) Lube Services: Preventative maintenance services recommended by the Manufacturer Operation and Maintenance Manual, except for daily and weekly inspections and adjustments. The PM suggested schedule is listed below: 4.4.1.1. PM1: starting at O hours, PM1 occurs at the first 250 hours and then occurs every 500 hours thereafter (i.e., 750, 1,250, 1,750, etc.). 4.4.1.2. PM2: starting at 0 hours, the PM2 occurs at the first 500 hours and then occurs every 1000 hours thereafter (i.e., 1,500, 2,500, 3,500, etc.). Solicitation No: BPM006442 Available online at Page 10 of 46 https://app.az.gov, ADOT SPECIFICATIONS Procurement 4.4.1.3. PM3: starting at O hours, the PM3 occurs at the first 1,000 hours and then occurs every 2,000 hours thereafter (i.e., 3,000, 5,000, 7,000, etc.). 4.4.1.4, PMé4: starting at O hours, the PM4 occurs at the first 2,000 hours and then occurs every 4,000 hours thereafter (i.e., 6,000, 10,000, etc.). 4.4.1.5, PMS: starting at O hours, the PMS occurs at the first 4,000 hours and then occurs every 4,000 hours thereafter (j.e., 8,000, 12,000, etc.). 4.4,2.Running Repairs: The Contractor shall provide routine repairs that can be performed during PM Lube intervals, or at other times as required. Repair means to perform services as needed to bring a component, or machine back to its condition prior to a failure. These repairs include, but are not limited to, repair of compartment fluid leaks, replacement of hoses, etc. 4.4.3.Component Reconditioning: The Contractor shall provide a rebuild component option to perform services to bring a component back to a like new or zero hour condition based upon manufacture guidelines. Rebuilt components include, but are not limited to: engine, radiator, torque converter, and transmission, differential, final drive, service brake, hydraulic motors and pumps. 4.4.4.Consumable Goods: The Contractor shall provide consumable parts that have an undefined service life. Consumable Goods include, but are not limited to: light bulbs, fuses, lenses, windshield wiper blades, etc. 4.4.5.The Contractor shall provide and schedule all labor, parts and service capacity as needed, to perform Scheduled PM Lube Services and Running Repairs for the equipment, during the Contractor's regular business hours. 4.4.6.Machine operation hours shall be collected using a remote monitoring solution for equipment. 4.4.7.A dedicated Contractor representative shall be provided to the eligible agency to provide assistance with service and data collected using the monitoring solution. 4.4.8.The Eligible Agency may determine to discontinue with this type of service on any equipment with 30 days prior written notice to the Contractor. 4.4.9.Pricing shall be based on the TM&R tab in the pricing sheet. 4.4.10. Contractor shall provide maintenance or repair which would follow manufactures Operation and Maintenance Manual based on usage for equipment. TM&R option is to provide continued use of the equipment at optimal efficiency. TM&R option may be in form of Lube Preventive Maintenance or Total Maintenance and Repair. Solicitation No: BPM006442 Available online at Page 11 of 46 https://app.az.gov, ADOT SPECIFICATIONS Procurement 4.4.11. The Contractor may provide scheduled oil sampling and condition monitoring data for the fleet on maintenance that also includes quarterly meetings at the discretion of the eligible agency. 4.4.12. The Contractor will provide digital connectivity for each piece of equipment as requested by the eligible agency. 4.5. Parts Used in Total Maintenance and Repair Services 4.5.1.The contractor agrees to use new Original Equipment Manufacturer (OEM) parts in all repairs except in those cases where use of a non-OEM, rebuilt or reconditioned part is approved by the eligible agency. In those cases, the following requirements must be met: 4.5.1.1. If a suitable non-OEM, rebuild, or reconditioned part is available, the Contractor shall contact the eligible agency to determine the acceptability and obtain approval from the eligible agency prior to use. 4.5.1.2. Non-OEM parts shall be OEM equivalent in quality and fitment, and will in no way affect the OEM warranty of the equipment. 4.5.1.3. All non-OEM, rebuilt, or reconditioned parts must visibly display the part number, manufacturing logo and/or insignia. 4.5.1.4. If a non-OEM, rebuilt, or reconditioned part is accepted by the eligible agency; the original estimate be adjusted to reflect the change in cost. Likewise should a non- OEM, rebuilt, or part be specified in the original estimate and found to be unavailable, the Contractor will contact the eligible agency so it may determine and/or approve a substitution and, if appropriate adjust the original estimate to reflect the change in cost. 4.6. All parts supplied under this contract will be fully guaranteed, from the date of acceptance by the eligible agency, by the Contractor to match the guarantee provide by the parts manufacturer. Any defects of design, workmanship, or materials that would result in non- compliance with the contract requirements will be fully corrected by the Contractor without cost (including parts and labor) to the eligible agency. 5. Contractor's Responsibilities 5.1. Inspection & Acceptance: All repairs under this contract shall be subject to a complete inspection by the eligible agency prior to acceptance. Inspection criteria shall include, but is not limited to, mechanical integrity, quality, workmanship and materials, and invoice accuracy. 5.1.1.The Contractor shall have five (5) business days to correct any deficiencies found by the inspection. The Contractor shall be responsible for any additional costs associated with those corrections. Invoices shall be paid upon acceptance of repairs. Solicitation No: BPM006442 Available online at Page 12 of 46 https://app.az.gov, ADOT SPECIFICATIONS Procurement 5.1.2.The Contractor shall be responsible for implementing all final settings and adjustments in accordance with manufacturer’s/owner’s/engineer’s specifications. 5.2. Warranty: Following are the minimum warranty requirements for all parts and materials provided under this contract: 5.2.1.The minimum warranty shall be 90 days or manufacture/industry standard warranty whichever is greater. 5.2.2.When replacing a warranty part the invoice shall include a description of the reason for the requested repair, warranty coverage and clearly indicate no charge to the eligible agency. 5.2.3.The effective date on all warranties shall begin at the time of date of acceptance or in accordance to the requirements as stated in the warranty. 5.2.4.The eligible agency shall not be charged for the cost of any warranty repairs including parts due to a Contractor rework basis. 5.3. Purchasing Card Surcharges: In the event the contractor charges a surcharge for use of purchasing card (P-card) transactions, it shall be in accordance to the Offer Response form. 5.4. Estimates and Invoicing: The Contractor shall separate repair estimates/invoices from preventative maintenance services. 5.5. Preventative Maintenance (PM) Service: The contractor shall submit a separate estimate and invoice for preventative maintenance at the time service. 5.5.1.The contractor shall include a copy of the preventative maintenance checklist with the corresponding monthly invoice at the eligible agency request. 6. Department’s Responsibilities 6.1. Inspection &Acceptance: The eligible agency shall have ten (10) business days (excluding any state holidays) to complete the inspection. 6.1.1. The eligible agency shall not unreasonably withhold acceptance. 6.2. Warranty: The eligible agency must not require a return/credit on an unused, obsolete part older than 1 year from the date of purchase. Solicitation No: BPM006442 Available online at Page 13 of 46 https://app.az.gov,