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f.:!cHANDLER War,z o n a City Clerk Document No. _____ _ City Council Meeting Date: 8/26/21 CITY OF CHANDLER PURCHASE AGREEMENT SEWER LINE CLEANING AND DEBRIS REMOVAL CITY OF CHANDLER AGREEMENT NO. PW2-962-4328 THIS AGREEMENT (Agreement) is made and entered into by and between the City of Chandler, an Arizona municipal corporation (City), and Ancon Services, Inc., a California S Corporation, (Contractor), ·(City and Contractor may individually be referred to as Party and collectively referred to as Parties), made _______ , 2021 (Effective Date). RECITALS A. On or about May 20, 2021, the City issued a solicitation for sewer line cleaning and debris removal. Under the solicitation, the City proposes to enter into two related agreements for sewer line cleaning and debris removal in various amounts for the prices set forth in each sewer line cleaning and debris removal agreement. Although the amount and type of sewer line cleaning and debris removal purchased for by the City may vary, the total sum for both sewer line cleaning and debris removal agreements must not exceed $998,000. B. City proposes to purchase sewer line cleaning and debris removal services from Contractor as more fully described in Exhibit A, which is attached to and made a part of this Agreement by this reference. C. Contractor is ready, willing, and able to provide the goods or services described in Exhibit A for the compensation and fees set forth and as described in Exhibit B, which is attached to and made a part of this Agreement by this reference. D. City desires to contract with the Contractor to provide these goods or services under the terms and conditions set forth in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the premises and the mutual promises contained in this Agreement, City and Contractor agree as follows: SECTION I: DEFINITIONS For purposes of this Agreement, the following definitions apply: Agreement means the legal agreement executed between the City and the Contractor City means the City of Chandler, Arizona Contractor means the individual, partnership, or corporation named in the Agreement Page 1 of 23 DocuSign Envelope ID: D0730602-80BF-4886-8745-CF646D5F9393 Days means calendar days May, Should means something that is not mandatory but permissible Shall, Will, Must means a mandatory requirement SECTION II: CONTRACTOR'S SERVICES Contractor must perform in accordance with Exhibit A to the City's satisfaction within the terms and conditions of this Agreement and within the care and skill that a person who provides similar goods services in Chandler, Arizona exercises under similar conditions. All goods or services furnished by Contractor under this Agreement must be performed in a skilled and workmanlike manner. Unless authorized by the City in writing, all fixtures, furnishings, and equipment furnished by Contractor as part of the goods or services under this Agreement must be new, or the latest model, and of the most suitable grade and quality for the intended purpose of the goods or services. SECTION Ill: PERIOD OF SERVICE Contractor must perform in accordance with Exhibit A for the term of this Agreement. The term of the Agreement is two years, and begins on September 1, 2021 and ends on August 31, 2023 unless sooner terminated in accordance with this Agreement. The City and the Contractor may mutually agree to extend the Agreement for up to two additional terms of two years each, or portions thereof. The City reserves the right, at its sole discretion, to extend the Agreement for up to 60 days beyond the expiration of any extension term. SECTION IV: PAYMENT OF COMPENSATION AND FEES Unless amended in writing by the Parties, Contractor's compensation and fees must not exceed the unit prices and amounts as more fully described in Exhibit B for performance approved and accepted by the City under this Agreement. Contractor must submit requests for payment for goods or services approved and accepted during the previous billing period and must include, as applicable, detailed invoices and receipts, a narrative description of the tasks accomplished during the billing period, a list of any deliverables submitted, and any subcontractor's or supplier's actual requests for payment plus similar narrative and listing of their work. Payment for those goods or services negotiated as a lump sum will be made in accordance with the percentage of the goods furnished or services completed during the preceding billing period. Goods or services negotiated as a not-to-exceed fee will be paid in accordance with the goods furnished or services completed during the preceding month. All requests for payment must be submitted to the City for review and approval. The City will make payment for approved and accepted goods or services within 30 days of the City's receipt of the request for payment. Contractor bears all responsibility and liability for any and all tax obligations that result from Contractor's performance under this Agreement. SECTION V: GENERAL CONDITIONS 5.1 Records/Audit. Records of the Contractor's direct personnel payroll, reimbursable expenses pertaining to this Agreement and records of accounts between the City and Contractor must be kept on Page 2 of 23 DocuSign Envelope ID: D0730602-80BF-4886-8745-CF646D5F9393 DocuSign Envelope ID: D0730602-80BF-4886-8745-CF646D5F9393 DocuSign Envelope ID: D0730602-80BF-4886-8745-CF646D5F9393 DocuSign Envelope ID: D0730602-80BF-4886-8745-CF646D5F9393 DocuSign Envelope ID: D0730602-80BF-4886-8745-CF646D5F9393 DocuSign Envelope ID: D0730602-80BF-4886-8745-CF646D5F9393 DocuSign Envelope ID: D0730602-80BF-4886-8745-CF646D5F9393 DocuSign Envelope ID: D0730602-80BF-4886-8745-CF646D5F9393 DocuSign Envelope ID: D0730602-80BF-4886-8745-CF646D5F9393 DocuSign Envelope ID: D0730602-80BF-4886-8745-CF646D5F9393 DocuSign Envelope ID: D0730602-80BF-4886-8745-CF646D5F9393 DocuSign Envelope ID: D0730602-80BF-4886-8745-CF646D5F9393 General Manager DocuSign Envelope ID: D0730602-80BF-4886-8745-CF646D5F9393 DocuSign Envelope ID: D0730602-80BF-4886-8745-CF646D5F9393 Page 16 of 23 2.1.2. Sewer lines (bucket and Hydro vac note: City may have separate contractors for each) The requesting department will determine if Hydro vac or Bucket Method will be used. The intent of sewer line cleaning is to remove foreign materials from the lines and restore the sewer to a minimum of 95% of the original carrying capacity. Since the success of other phases of work depends a great deal on the cleanliness of the lines the importance of this phase of the operation is emphasized. It is recognized that there are some conditions, such as broken pipe and major blockages that prevent cleaning from being accomplished or where additional damage would result if cleaning were attempted or continued. Should such conditions be encountered the contractor will not be required to clean those specific manhole sections. If in the course of normal cleaning operations damage does result from pre-existing and unforeseen conditions such as broken pipe, the contractor will not be held responsible. However, the contractor will remain on site and assist in repairs if requested. If the contractor is unable to clean any section of pipe for any reason, he must notify the requesting Department immediately. During all sewer cleaning operations, satisfactory precautions shall be taken to protect the sewer lines and manholes from damage that might be inflicted by the improper use of cleaning equipment. Equipment recommended by the manufacturer to protect the manhole and pipe shall be used. Whenever any tools which restrict the flow of water in the sewer lines are used precautions shall be taken to ensure that the water pressure created does not cause any damage or flooding to public or private property being served by the manhole section involved. Every attempt must be made by the contractor to replace all manhole lids securely after performing maintenance to ensure pedestrian and traffic safety including the removal of all debris prior to re-setting the manhole cover. Any manhole lids with traffic striping should be re-aligned to the original placement. The contractor will notify the City of any defective manhole lids or rings that may present a hazard to the public safety within a reasonable amount of time based upon the severity of the defect. 2.1.2.1. Hydro vac of sewer lines Contractor shall clean sewer lines ranging from 8” to 66” with High-Velocity Jet (hydro-cleaning) Equipment: All hydro-cleaning vehicles shall be constructed for ease and safety of operation. The equipment shall have a minimum 500 feet of 1" hose. The equipment shall have a minimum of 2000 psi to be maintained when using hydro for cleaning. Maximum speed of travel will not exceed 45’ per minute. The equipment shall have a selection of two or more high velocity nozzles. Hose reels will be governed to not exceed 45’ per minute when retracting hose during cleaning cycle, hose footage counters must operate correctly. 2.1.2.2. Bucket Cleaning of sewer lines Contractor shall clean 6” to 66” with Mechanical Cleaning Equipment (Bucket machines). Bucket machines shall be in pairs with sufficient power to perform the work in an efficient manner. DocuSign Envelope ID: D0730602-80BF-4886-8745-CF646D5F9393 Page 17 of 23 2.2. Streets Hydro vac service Contractor shall clean sweeper wash bay and provide weekly removal of solids from collector. Contractor shall Provide Drywell cleaning service: 4’ to 50’ in depth to remove solids. Clean two (2) Pump Stations once per year each. Street Sweeper Wash Bay shall be scheduled for service on Friday mornings starting between 7:00am and 8:00am, unless otherwise directed by the City Street Superintendent or designee. Holidays that fall on a scheduled service day shall be rescheduled by the contractor with the City Street Superintendent or designee. 2.3. Water Distribution Hydro vac service Contractor shall provide for soft disposal and potholing. Contractor to use vacuum to find water mains and other utilities. Additional required services to include surface cleaning of streets after events such as a main break. Service to be provided as needed. Emergency calls must be responded to within two (2) hours of request. 975 E. Armstrong Way. 2.4. Fleet Services Hydro vac service Contractor shall provide removal of solids and contaminants associated with automotive and power equipment maintenance and washing from the sand oil water separators at Fleet Services located 975 E. Armstrong Way building I Chandler, AZ and 163 S. Price Rd Chandler, AZ 2.5. Water Reclamation Facilities and Tumbleweed Sand Separator Hydro vac service Contractor shall provide hydro vac services to the City’s Water Reclamation Facilities including Airport Water Reclamation Facility AWRF, Lone Butte, and Ocotillo Water Reclamation Facility OWRF. The services shall including removing debris from Scum pits, sludge holding tanks, head works, EQ basins, grit tanks, etc. 2.6. Water Treatment Plant Hydro vac service Contractor shall provide debris removal at the City Surface Water Treatment plan sediment basins 2.7. Parks Hydro vac service Contractor shall clean Parks wash bay located at 650 E. Ryan Rd. 2.8. Other Hydro Vac Service Contractor shall perform hydro vac services for Departments and areas not listed if requested by the City at the rate listed on exhibit B. DocuSign Envelope ID: D0730602-80BF-4886-8745-CF646D5F9393 Page 18 of 23 SITE ADDRESSES • Water Distribution: 975 E. Armstrong Way, Building K, Chandler, AZ • Fleet Services: 975 E. Armstrong Way building I Chandler, AZ and 163 S. Price Rd Chandler, AZ • Airport Water Reclamation Facility: 905 E. Queen Creek Rd., Chandler, AZ • Lone Butte Water Reclamation Facility: Gila River Indian Reservation, 3 miles west of Firebird Lake (I-10/Maricopa Road) • Ocotillo Water Reclamation Facility: 3333 S. Old Price Rd, Chandler, AZ • Water Treatment Plant: 1475 E. Pecos Rd., Chandler, AZ • Tumbleweed Sand Separator, 520 E. Ryan Rd., Chandler, AZ DocuSign Envelope ID: D0730602-80BF-4886-8745-CF646D5F9393 Page 19 of 23 EXHIBIT B TO AGREEMENT PRICING The hourly rates below shall be the all inclusive rate for the crew and all equipment to perform hydro vac service and bucket service. Item Description Estimated Hours Unit Price per hour 1 Sewer Lift Station Hydro Vac Service 25 $ 150 2 Sewer Line Hydro Vac Service 25 $ 150 3 Sewer Line Bucket Service 800 NA 4 Streets Hydro Vac Service 200 $ 150 5 Water Distribution Hydro Vac Service 160 $ 150 6 Fleet Services Hydro Vac Service 5 $ 150 7 Airport Water Reclamation Facility Hydro Vac Service 50 $ 150 8 Tumbleweed Sand Separator Hydro Vac Service 40 $ 150 9 Lone Butte Hydro Vac Service 50 $ 150 10 Ocotillo Water Reclamation Facility Hydro Vac Service 65 $ 150 11 Water Treatment Plant Hydro Vac Service 80 $ 150 12 Parks Hydro Vac Service 6 $ 150 13 Other Hydro Vac Service 20 $ 150 Estimated Qty Each 14 Mobilization Flat rate for mobilization and Demobilization (rate listed includes both) 165 $ 140 15 Transportation to landfill Flat rate to haul debris to landfill and return 330 $ 263.75 Estimated Hours Unit Price per hour 16 Confined Space. Cost per hour to be added to hourly rates above for confined space work 50 $ 174.88 17 Emergency Response. Rate per hour to be added to hourly rates for emergency response 50 $ 42.20 18 Traffic Control Allowance $20,000 DocuSign Envelope ID: D0730602-80BF-4886-8745-CF646D5F9393 Page 20 of 23 EXHIBIT C TO AGREEMENT INSURANCE INSURANCE General. A. At the same time as execution of this Agreement, the Contractor shall furnish the City a certificate of insurance on a standard insurance industry ACORD form. The ACORD form must be issued by an insurance company authorized to transact business in the State of Arizona possessing a current A.M. Best, Inc. rating of A-7, or better and legally authorized to do business in the State of Arizona with policies and forms satisfactory to City. Provided, however, the A.M. Best rating requirement shall not be deemed to apply to required Workers’ Compensation coverage. B. The Contractor and any of its subcontractors shall procure and maintain, until all of their obligations have been discharged, including any warranty periods under this Agreement are satisfied, the insurances set forth below. C. The insurance requirements set forth below are minimum requirements for this Agreement and in no way limit the indemnity covenants contained in this Agreement. D. The City in no way warrants that the minimum insurance limits contained in this Agreement are sufficient to protect Contractor from liabilities that might arise out of the performance of the Agreement services under this Agreement by Contractor, its agents, representatives, employees, subcontractors, and the Contractor is free to purchase any additional insurance as may be determined necessary. E. Failure to demand evidence of full compliance with the insurance requirements in this Agreement or failure to identify any insurance deficiency will not relieve the Contractor from, nor will it be considered a waiver of its obligation to maintain the required insurance at all times during the performance of this Agreement. F. Use of Subcontractors: If any work is subcontracted in any way, the Contractor shall execute a written contract with Subcontractor containing the same Indemnification Clause and Insurance Requirements as the City requires of the Contractor in this Agreement. The Contractor is responsible for executing the Agreement with the Subcontractor and obtaining Certificates of Insurance and verifying the insurance requirements. Minimum Scope and Limits of Insurance. The Contractor shall provide coverage with limits of liability not less than those stated below. A. Commercial General Liability-Occurrence Form. Contractor must maintain “occurrence” form DocuSign Envelope ID: D0730602-80BF-4886-8745-CF646D5F9393 Page 21 of 23 Commercial General Liability insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000 aggregate. Said insurance must also include coverage for products and completed operations, independent contractors, personal injury and advertising injury. If any Excess insurance is utilized to fulfill the requirements of this paragraph, the Excess insurance must be “follow form” equal or broader in coverage scope than underlying insurance. B. Automobile Liability-Any Auto or Owned, Hired and Non-Owned Vehicles Vehicle Liability: Contractor must maintain Business/Automobile Liability insurance with a limit of $1,000,000 each accident on Contractor owned, hired, and non-owned vehicles assigned to or used in the performance of the Contractor’s work or services under this Agreement. If any Excess or Umbrella insurance is utilized to fulfill the requirements of this paragraph, the Excess or Umbrella insurance must be “follow form” equal or broader in coverage scope than underlying insurance. C. Workers Compensation and Employers Liability Insurance: Contractor must maintain Workers Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor employees engaged in the performance of work or services under this Agreement and must also maintain Employers’ Liability insurance of not less than $1,000,000 for each accident and $1,000,000 disease for each employee. Additional Policy Provisions Required. A. Self-Insured Retentions or Deductibles. Any self-insured retentions and deductibles must be declared and approved by the City. If not approved, the City may require that the insurer reduce or eliminate any deductible or self-insured retentions with respect to the City, its officers, officials, agents, employees, and volunteers. 1. The Contractor’s insurance must contain broad form contractual liability coverage. 2. The Contractor's insurance coverage must be primary insurance with respect to the City, its officers, officials, agents, and employees. Any insurance or self-insurance maintained by the City, its officers, officials, agents, and employees shall be in excess of the coverage provided by the Contractor and must not contribute to it. 3. The Contractor's insurance must apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Coverage provided by the Contractor must not be limited to the liability assumed under the indemnification provisions of this Agreement. 5. The policies must contain a severability of interest clause and waiver of subrogation against the City, its officers, officials, agents, and employees, for losses arising from Work performed by the Contractor for the City. DocuSign Envelope ID: D0730602-80BF-4886-8745-CF646D5F9393 Page 22 of 23 6. The Contractor, its successors and or assigns, are required to maintain Commercial General Liability insurance as specified in this Agreement for a minimum period of three years following completion and acceptance of the Work. The Contractor must submit a Certificate of Insurance evidencing Commercial General Liability insurance during this three year period containing all the Agreement insurance requirements, including naming the City of Chandler, its agents, representatives, officers, directors, officials and employees as Additional Insured as required. 7. If a Certificate of Insurance is submitted as verification of coverage, the City will reasonably rely upon the Certificate of Insurance as evidence of coverage but this acceptance and reliance will not waive or alter in any way the insurance requirements or obligations of this Agreement. B. Insurance Cancellation During Term of Contract/Agreement. 1. If any of the required policies expire during the life of this Contract/Agreement, the Contractor must forward renewal or replacement Certificates to the City within ten days after the renewal date containing all the required insurance provisions. 2. Each insurance policy required by the insurance provisions of this Contract/Agreement shall provide the required coverage and shall not be suspended, voided or canceled except after 30 days prior written notice has been given to the City, except when cancellation is for non-payment of premium, then ten days prior notice may be given. Such notice shall be sent directly to Chandler Law-Risk Management Department, Post Office Box 4008, Mailstop 628, Chandler, Arizona 85225. If any insurance company refuses to provide the required notice, the Contractor or its insurance broker shall notify the City of any cancellation, suspension, non-renewal of any insurance within seven days of receipt of insurers’ notification to that effect. A. City as Additional Insured. The policies are to contain, or be endorsed to contain, the following provisions: 1. The Commercial General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions: The City, its officers, officials, agents, and employees are additional insureds with respect to liability arising out of activities performed by, or on behalf of, the Contractor including the City's general supervision of the Contractor; Products and Completed operations of the Contractor; and automobiles owned, leased, hired, or borrowed by the Contractor. 2. The City, its officers, officials, agents, and employees must be additional insureds to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Agreement t DocuSign Envelope ID: D0730602-80BF-4886-8745-CF646D5F9393 Page 23 of 23 EXHIBIT D TO AGREEMENT SPECIAL CONDITIONS NONE DocuSign Envelope ID: D0730602-80BF-4886-8745-CF646D5F9393