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City Clerk Document No.
City Council Meeting Date: August 26, 2021
CITY OF CHANDLER PURCHASE AGREEMENT
WATER AND WASTEWATER EQUIPMENT MAINTENANCE AND REPAIR SERVICES
CITY OF CHANDLER AGREEMENT NO. PW2-936-4357
THIS AGREEMENT (Agreement) is made and entered into by and between the City of Chandler, an Arizona
municipal corporation (City), and James, Cooke & Hobson, Inc., a Texas 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 June 4, 2021, the City issued a solicitation for water and wastewater equipment maintenance
and repair services. Under the solicitation, the City proposes to enter into twelve related agreements to
purchase water and wastewater equipment maintenance and repair services in various amounts for the
prices set forth in each water and wastewater equipment maintenance and repair services agreement.
Although the amount and type of water and wastewater equipment maintenance and repair services
purchased by the City may vary, the total sum for all twelve agreements must not exceed $6,640,000.
B. City proposes to purchase water and wastewater equipment maintenance and repair 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
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Contractor means the individual, partnership, or corporation named in the Agreement
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 III: 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 lV: 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.
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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 the basis of
generally accepted accounting principles and must be made available to the City and its auditors for up to
three years following the City’s final acceptance of the goods or services under this Agreement. The City,
its authorized representative, or any federal agency, reserves the right to audit Contractor's records to
verify the accuracy and appropriateness of all cost and pricing data, including data used to negotiate this
Agreement and any amendments. The City reserves the right to decrease the total amount of Agreement
price or payments made under this Agreement or request reimbursement from the Contractor following
final contract payment on this Agreement if, upon audit of the Contractor's records, the audit discloses the
Contractor has provided false, misleading, or inaccurate cost and pricing data. The Contractor will include
a similar provision in all of its contracts with subcontractors providing goods or services under the
Agreement Documents to ensure that the City, its authorized representative, or the appropriate federal
agency, has access to the subcontractors’ records to verify the accuracy of all cost and pricing data. The
City reserves the right to decrease Contract price or payments made on this Agreement or request
reimbursement from the Contractor following final payment on this Agreement if the above provision is
not included in subcontractor agreements, and one or more subcontractors refuse to allow the City to
audit their records to verify the accuracy and appropriateness of all cost and pricing data. If, following an
audit of this Agreement, the audit discloses the Contractor has provided false, misleading, or inaccurate
cost and pricing data, and the cost discrepancies exceed 1% of the total Agreement billings, the Contractor
will be liable for reimbursement of the reasonable, actual cost of the audit.
5.2 Alteration in Character of Work. Whenever an alteration in the character of work results in a substantial
change in this Agreement, thereby materially increasing or decreasing the scope of work, cost of goods,
cost of performance, or Project schedule, the goods or services will be performed as directed by the City.
However, before any modified work is started, a written amendment must be approved and executed by
the City and the Contractor. Such amendment must not be effective until approved by the City. Additions
to, modifications, or deletions from this Agreement as provided herein may be made, and the
compensation to be paid to the Contractor may accordingly be adjusted by mutual agreement of the
Parties. It is distinctly understood and agreed that no claim for extra work done or materials furnished by
the Contractor will be allowed by the City except as provided herein, nor must the Contractor do any work
or furnish any materials not covered by this Agreement unless such work is first authorized in writing. Any
such work or materials furnished by the Contractor without prior written authorization will be at
Contractor's own risk, cost, and expense, and Contractor hereby agrees that without written authorization
Contractor will make no claim for compensation for such work or materials furnished.
5.3 Termination for Convenience. The City and the Contractor hereby agree to the full performance
of the covenants contained herein, except that the City reserves the right, at its discretion and without
cause, to terminate or abandon any purchase or service provided for in this Agreement, or abandon
any portion of the Project for which the Contractor has performed. In the event the City abandons or
suspends the purchase or services, or any part of the purchase or services as provided in this
Agreement, the City will notify the Contractor in writing and immediately after receiving such notice,
the Contractor must discontinue advancing the work specified under this Agreement. Upon such
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termination, abandonment, or suspension, the Contractor must deliver to the City all drawings, plans,
specifications, special provisions, estimates and other work entirely or partially completed, together
with all unused materials supplied by the City. The Contractor must appraise the goods or services
Contractor has completed and submit Contractor's appraisal to the City for evaluation. The City may
inspect the Contractor's goods or services to appraise the status completed. The Contractor will
receive compensation in full for goods provided or services performed to the date of such
termination. The fee will be paid in accordance with Section IV of this Agreement, and as mutually
agreed upon by the Contractor and the City. If there is no mutual agreement on payment, the final
determination will be made in accordance with the Disputes provision in this Agreement. However, in
no event may the payment exceed the payment set forth in this Agreement nor as amended in
accordance with Alteration in Character of Work. The City will make the final payment within 60 days
after the Contractor has delivered the last of the partially completed items and the Parties agree on
the final payment. If the City is found to have improperly terminated the Agreement for cause or
default, the termination will be converted to a termination for convenience in accordance with the
provisions of this Agreement.
5.4 Termination for Cause. The City may terminate this Agreement for Cause upon the occurrence of any
one or more of the following events: in the event that (a) the Contractor fails to perform pursuant to the
terms of this Agreement, (b) the Contractor is adjudged a bankrupt or insolvent, (c) the Contractor makes
a general assignment for the benefit of creditors, (d) a trustee or receiver is appointed for Contractor or
for any of Contractor’s property (e) the Contractor files a petition to take advantage of any debtor's act, or
to reorganize under the bankruptcy or similar laws, (f) the Contractor disregards laws, ordinances, rules,
regulations or orders of any public body having jurisdiction, or (g) the Contractor fails to cure default within
the time requested. Where Agreement has been so terminated by City, the termination will not affect any
rights of City against Contractor then existing or which may thereafter accrue.
5.5 Indemnification. The Contractor (lndemnitor) must indemnify, defend, save and hold harmless the
City and its officers, officials, agents and employees (lndemnitee) from any and all claims, actions,
liabilities, damages, losses or expenses (including court costs, attorneys' fees and costs of claim
processing, investigation and litigation) (Claims) caused or alleged to be caused, in whole or in part,
by the wrongful, negligent or willful acts, or errors or omissions of the Contractor or any of its owners,
officers, directors, agents, employees, or subcontractors in connection with this Agreement. This
indemnity includes any claim or amount arising out of or recovered under workers' compensation law
or on account of the failure of the Contractor to conform to any federal, state or local law, statute,
ordinance, rule, regulation or court decree. The Contractor must indemnify lndemnitee from and
against any and all Claims, except those arising solely from lndemnitee's own negligent or willful acts
or omissions. The Contractor is responsible for primary loss investigation, defense and judgment
costs where this indemnification applies. In consideration of the award of this Agreement, the
Contractor agrees to waive all rights of subrogation against lndemnitee for losses arising from or
related to this Agreement. The obligations of the Contractor under this provision survive the
termination or expiration of this Agreement.
5.6 Insurance Requirements. Contractor must procure insurance under the terms and conditions and
for the amounts of coverage set forth in Exhibit C against claims that may arise from or relate to
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performance of the work under this Agreement by Contractor and its agents, representatives,
employees, and subcontractors. Contractor and any subcontractors must maintain this insurance
until all of their obligations have been discharged, including any warranty periods under this
Agreement. These insurance requirements are minimum requirements for this Agreement and in no
way limit the indemnity covenants contained in this Agreement. The City in no way warrants that the
minimum limits stated in Exhibit C are sufficient to protect the Contractor from liabilities that might
arise out of the performance of the work under this Agreement by the Contractor, the Contractor’s
agents, representatives, employees, or subcontractors. Contractor is free to purchase such additional
insurance as may be determined necessary.
5.7 Cooperation and Further Documentation. The Contractor agrees to provide the City such other
duly executed documents as may be reasonably requested by the City to implement the intent of this
Agreement.
5.8 Notices. Unless otherwise provided, notice under this Agreement must be in writing and will be
deemed to have been duly given and received either (a) on the date of service if personally served on
the party to whom notice is to be given, or (b) on the date notice is sent if by electronic mail, or (c) on
the third day after the date of the postmark of deposit by first class United States mail, registered or
certified, postage prepaid and properly addressed as follows:
For the City
For the Contractor
Name: Raquel McMahon
Name: Jim Feickert
Title: Procurement Officer
Title: Inside Sales
Address: 175 S. Arizona Avenue
Address: 3501 E. Broadway Rd.
Chandler, AZ 85225
Phoenix, AZ 85040
Phone: 480.782.2400
Phone: 602-243-0585
Email: raquel.mcmahon@chandleraz.gov
Email: jwf@jchinc.com
5.9 Successors and Assigns. City and Contractor each bind itself, its partners, successors, assigns, and
legal representatives to the other party to this Agreement and to the partners, successors, assigns,
and legal representatives of such other party in respect to all covenants of this Agreement. Neither
the City nor the Contractor may assign, sublet, or transfer its interest in this Agreement without the
written consent of the other party. In no event may any contractual relation be created between any
third party and the City.
5.10 Disputes. In any dispute arising out of an interpretation of this Agreement or the duties required
not disposed of by agreement between the Contractor and the City, the final determination at the
administrative level will be made by the City Purchasing and Materials Manager.
5.11 Completeness and Accuracy of Contractor's Work. The Contractor must be responsible for the
completeness and accuracy of Contractor's services, data, and other work prepared or compiled
under Contractor's obligation under this Agreement and must correct, at Contractor's expense, all
willful or negligent errors, omissions, or acts that may be discovered. The fact that the City has
accepted or approved the Contractor's work will in no way relieve the Contractor of any of Contractor's
responsibilities.
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5.12 Withholding Payment. The City reserves the right to withhold funds from the Contractor's
payments up to the amount equal to the claims the City may have against the Contractor until such
time that a settlement on those claims has been reached.
5.13 City's Right of Cancellation. The Parties acknowledge that this Agreement is subject to
cancellation by the City under the provisions of Section 38-511, Arizona Revised Statutes (A.R.S.).
5.14 Independent Contractor. For this Agreement the Contractor constitutes an independent
contractor. Any provisions in this Agreement that may appear to give the City the right to direct the
Contractor as to the details of accomplishing the work or to exercise a measure of control over the
work means that the Contractor must follow the wishes of the City as to the results of the work only.
These results must comply with all applicable laws and ordinances.
5.15 Project Staffing. Prior to the start of any work under this Agreement, the Contractor must assign
to the City the key personnel that will be involved in furnishing goods or performing services
prescribed in the Agreement. The City may acknowledge its acceptance of such personnel to furnish
goods or perform services under this Agreement. At any time hereafter that the Contractor desires to
change key personnel while performing under the Agreement, the Contractor must submit the
qualifications of the new personnel to the City for prior approval. The Contractor will maintain an
adequate and competent staff of qualified persons, as may be determined by the City, throughout the
performance of this Agreement to ensure acceptable and timely completion of the Scope of Work. If
the City objects, with reasonable cause, to any of the Contractor's staff, the Contractor must take
prompt corrective action acceptable to the City and, if required, remove such personnel from the
Project and replace with new personnel agreed to by the City.
5.16 Subcontractors. Prior to beginning the work, the Contractor must furnish the City for approval
the names of subcontractors to be used under this Agreement. Any subsequent changes are subject
to the City’s written prior approval.
5.17 Force Majeure. If either party is delayed or prevented from the performance of any act required
under this Agreement by reason of acts of God or other cause beyond the control and without fault
of the Party (financial inability excepted), performance of that act may be excused, but only for the
period of the delay, if the Party provides written notice to the other Party within ten days of such act.
The time for performance of the act may be extended for a period equivalent to the period of delay
from the date written notice is received by the other Party.
5.18 Compliance with Federal Laws. Contractor understands and acknowledges the applicability of
the Americans with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug
Free Workplace Act of 1989 to it. The Contractor agrees to comply with these laws in performing this
Agreement and to permit the City to verify such compliance.
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5.19 No Israel Boycott. By entering into this Agreement, Contractor certifies that Contractor is not
currently engaged in, and agrees for the duration of the Agreement, not to engage in a boycott of
Israel as defined by state statute.
5.20 Legal Worker Requirements. A.R.S. § 41-4401 prohibits the City from awarding a contract to any
contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A). Therefore,
Contractor agrees Contractor and each subcontractor it uses warrants their compliance with all
federal immigration laws and regulations that relate to their employees and their compliance with§
23-214, subsection A. A breach of this warranty will be deemed a material breach of the Agreement
and may be subject to penalties up to and including termination of the Agreement. City retains the
legal right to inspect the papers of any Contractor’s or subcontractor’s employee who provides goods
or services under this Agreement to ensure that the Contractor and subcontractors comply with the
warranty under this provision.
5.21 Lawful Presence Requirement. A.RS. §§ 1-501 and 1-502 prohibit the City from awarding a
contract to any natural person who cannot establish that such person is lawfully present in the United
States. To establish lawful presence, a person must produce qualifying identification and sign a City-
provided affidavit affirming that the identification provided is genuine. This requirement will be
imposed at the time of contract award. This requirement does not apply to business organizations
such as corporations, partnerships, or limited liability companies.
5.22 Covenant Against Contingent Fees. Contractor warrants that no person has been employed or
retained to solicit or secure this Agreement upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, and that no member of the Chandler City Council, or any
City employee has any interest, financially, or otherwise, in Contractor’s firm. For breach or violation
of this warrant, the City may annul this Agreement without liability or, at its discretion, to deduct from
the Agreement price or consideration, the full amount of such commission, percentage, brokerage,
or contingent fee.
5.23 Non-Waiver Provision. The failure of either Party to enforce any of the provisions of this
Agreement or to require performance of the other Party of any of the provisions hereof must not be
construed to be a waiver of such provisions, nor must it affect the validity of this Agreement or any
part thereof, or the right of either Party to thereafter enforce each and every provision.
5.24 Disclosure of Information Adverse to the City’s Interests. To evaluate and avoid potential conflicts
of interest, the Contractor must provide written notice to the City, as set forth in this Section, of any
work or services performed by the Contractor for third parties that may involve or be associated with
any real property or personal property owned or leased by the City. Such notice must be given seven
business days prior to commencement of the services by the Contractor for a third party, or seven
business days prior to an adverse action as defined below. Written notice and disclosure must be sent
to the City’s Purchasing and Materials Manager. An adverse action under this Agreement includes, but
is not limited to: (a) using data as defined in the Agreement acquired in connection with this
Agreement to assist a third party in pursuing administrative or judicial action against the City; or (b)
testifying or providing evidence on behalf of any person in connection with an administrative or
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judicial action against the City; or (c) using data to produce income for the Contractor or its employees
independently of performing the services under this Agreement, without the prior written consent of
the City. Contractor represents that except for those persons, entities, and projects identified to the
City, the services performed by the Contractor under this Agreement are not expected to create an
interest with any person, entity, or third party project that is or may be adverse to the City’s interests.
Contractor's failure to provide a written notice and disclosure of the information as set forth in this
Section constitute a material breach of this Agreement.
5.25 Data Confidentiality and Data Security. As used in the Agreement, data means all information,
whether written or verbal, including plans, photographs, studies, investigations, audits, analyses, samples,
reports, calculations, internal memos, meeting minutes, data field notes, work product, proposals,
correspondence and any other similar documents or information prepared by, obtained by, or transmitted
to the Contractor or its subcontractors in the performance of this Agreement. The Parties agree that all
data, regardless of form, including originals, images, and reproductions, prepared by, obtained by, or
transmitted to the Contractor or its subcontractors in connection with the Contractor's or its
subcontractor’s performance of this Agreement is confidential and proprietary information belonging to
the City. Except as specifically provided in this Agreement, Contractor or its subcontractors must not
divulge data to any third party without the City’s prior written consent. Contractor or its subcontractors
must not use the data for any purposes except to perform the services required under this Agreement.
These prohibitions do not apply to the following data provided to the Contractor or its subcontractors have
first given the required notice to the City: (a) data which was known to the Contractor or its subcontractors
prior to its performance under this Agreement unless such data was acquired in connection with work
performed for the City; or (b) data which was acquired by the Contractor or its subcontractors in its
performance under this Agreement and which was disclosed to the Contractor or its subcontractors by a
third party, who to the best of the Contractor's or its subcontractors knowledge and belief, had the legal
right to make such disclosure and the Contractor or its subcontractors are not otherwise required to hold
such data in confidence; or (c) data which is required to be disclosed by virtue of law, regulation, or court
order, to which the Contractor or its subcontractors are subject. In the event the Contractor or its
subcontractors are required or requested to disclose data to a third party, or any other information to
which the Contractor or its subcontractors became privy as a result of any other contract with the City, the
Contractor must first notify the City as set forth in this Section of the request or demand for the data. The
Contractor or its subcontractors must give the City sufficient facts so that the City can be given an
opportunity to first give its consent or take such action that the City may deem appropriate to protect such
data or other information from disclosure. Unless prohibited by law, within ten calendar days after
completion or termination of services under this Agreement, the Contractor or its subcontractors must
promptly deliver, as set forth in this Section, a copy of all data to the City. All data must continue to be
subject to the confidentiality agreements of this Agreement. Contractor or its subcontractors assume all
liability to maintain the confidentiality of the data in its possession and agrees to compensate the City if
any of the provisions of this Section are violated by the Contractor, its employees, agents or subcontractors.
Solely for the purposes of seeking injunctive relief, it is agreed that a breach of this Section must be deemed
to cause irreparable harm that justifies injunctive relief in court. Contractor agrees that the requirements
of this Section must be incorporated into all subcontracts entered into by Contractor. A violation of this
Section may result in immediate termination of this Agreement without notice.
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5.26 Personal Identifying Information-Data Security. Personal identifying information, financial
account information, or restricted City information, whether electronic format or hard copy, must be
secured and protected at all times by Contractor and any of its subcontractors. At a minimum,
Contractor must encrypt or password-protect electronic files. This includes data saved to laptop
computers, computerized devices, or removable storage devices. When personal identifying
information, financial account information, or restricted City information, regardless of its format, is
no longer necessary, the information must be redacted or destroyed through appropriate and secure
methods that ensure the information cannot be viewed, accessed, or reconstructed. In the event that
data collected or obtained by Contractor or its subcontractors in connection with this Agreement is
believed to have been compromised, Contractor or its subcontractors must immediately notify the
City contact. Contractor agrees to reimburse the City for any costs incurred by the City to investigate
potential breaches of this data and, where applicable, the cost of notifying individuals who may be
impacted by the breach. Contractor agrees that the requirements of this Section must be incorporated
into all subcontracts entered into by Contractor. It is further agreed that a violation of this Section
must be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this
Section may result in immediate termination of this Agreement without notice. The obligations of
Contractor or its subcontractors under this Section must survive the termination of this Agreement.
5.27 Jurisdiction and Venue. This Agreement is made under, and must be construed in accordance
with and governed by the laws of the State of Arizona without regard to the conflicts or choice of law
provisions thereof. Any action to enforce any provision of this Agreement or to obtain any remedy
with respect hereto must be brought in the courts located in Maricopa County, Arizona, and for this
purpose, each Party hereby expressly and irrevocably consents to the jurisdiction and venue of such
court.
5.28 Survival. All warranties, representations, and indemnifications by the Contractor must survive
the completion or termination of this Agreement.
5.29 Modification. Except as expressly provided herein to the contrary, no supplement, modification,
or amendment of any term of this Agreement will be deemed binding or effective unless in writing
and signed by the Parties.
5.30 Severability. If any provision of this Agreement or the application to any person or circumstance
may be invalid, illegal or unenforceable to any extent, the remainder of this Agreement and the
application will not be affected and will be enforceable to the fullest extent permitted by law.
5.31 Integration. This Agreement contains the full agreement of the Parties. Any prior or
contemporaneous written or oral agreement between the Parties regarding the subject matter is
merged and superseded.
5.32 Time is of the Essence. Time of each of the terms, covenants, and conditions of this Agreement
is hereby expressly made of the essence.
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5.33 Date of Performance. If the date of performance of any obligation or the last day of any time
period provided for should fall on a Saturday, Sunday, or holiday for the City, the obligation will be
due and owing, and the time period will expire, on the first day after which is not a Saturday, Sunday
or legal City holiday. Except as may otherwise be set forth in this Agreement, any performance
provided for herein will be timely made if completed no later than 5:00 p.m. (Chandler time) on the
day of performance.
5.34 Third Party Beneficiary. Nothing under this Agreement will be construed to give any rights or
benefits in the Agreement to anyone other than the City and the Contractor, and all duties and
responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of
City and the Contractor and not for the benefit of any other party.
5.35 Conflict in Language. All work performed must conform to all applicable City of Chandler codes,
ordinances, and requirements as outlined in this Agreement. If there is a conflict in interpretation
between provisions in this Agreement and those in the Exhibits, the provisions in this Agreement
prevail.
5.36 Document/Information Release. Documents and materials released to the Contractor, which are
identified by the City as sensitive and confidential, are the City’s property. The document/material
must be issued by and returned to the City upon completion of the services under this Agreement.
Contractor’s secondary distribution, disclosure, copying, or duplication in any manner is prohibited
without the City’s prior written approval. The document/material must be kept secure at all times. This
directive applies to all City documents, whether in photographic, printed, or electronic data format.
5.37 Exhibits. The following exhibits are made a part of this Agreement and are incorporated by
reference:
Exhibit A - Project Description/Scope of Work
Exhibit E – Electric Motor Policy
Exhibit B - Compensation and Fees
Exhibit C - Insurance Requirements
Exhibit D - Special Conditions
5.38 Special Conditions. As part of the goods furnished or the services Contractor provides under this
Agreement, Contractor agrees to comply with and fully perform the special terms and conditions set
forth in Exhibit D, which is attached to and made a part of this Agreement.
5.39 Cooperative Use of Agreement. In addition to the City of Chandler and with approval of the
Contractor, this Agreement may be extended for use by other municipalities, school districts and
government agencies of the State. Any such usage by other entities must be in accordance with the
ordinance, charter and/or procurement rules and regulations of the respective political entity.
If required to provide services on a school district property at least five times during a month,
Contractor will submit a full set of fingerprints to the school of each person or employee who may
provide such service. The District will conduct a fingerprint check in accordance with A.R.S. 41-1750
and Public Law 92-544 of all Contractors, subcontractors or vendors and their employees for which
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fingerprints are submitted to the District. Additionally, the Contractor will comply with the governing
body fingerprinting policies of each individual school district/public entity. Contractor, sub-
contractors, vendors and their employees will not provide services on school district properties until
authorized by the District.
Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.
The City will not be responsible for any disputes arising out of transactions made by other agencies
who utilize this Agreement.
5.40 Non-Discrimination and Anti-Harassment Laws. Contractor must comply with all applicable City,
state, and federal non-discrimination and anti-harassment laws, rules, and regulations.
5.41 Licenses and Permits. Beginning with the Effective Date and for the full term of this Agreement,
Contractor must maintain all applicable City, state, and federal licenses and permits required to fully
perform Contractor’s services under this Agreement.
5.42 Warranties. Unless otherwise provided in Exhibit D, the Contractor must furnish a one-year
warranty on all work and services performed under this Agreement. Contractor must furnish, or cause
to be furnished, a two-year warranty on all fixtures, furnishings, and equipment furnished by
Contractor, subcontractors, or suppliers under this Agreement. Any defects in design, workmanship,
or materials that do not comply with this Agreement must be corrected by Contractor (including, but
not limited to, all parts and labor) at Contractor’s sole cost and expense. All written warranties and
redlines for as-built conditions must be delivered to the City on or before the City’s final acceptance
of Contractor’s services under this Agreement.
5.43 Liens. The Contractor warrants that the materials supplied under this Agreement are free of liens and
will remain free of liens.
5.44 Quality. Unless otherwise modified elsewhere in these terms and conditions, the Contractor warrants
that, for one year after acceptance by the City of the materials, they will be (a) of a quality to pass without
objection in the trade under the Agreement description, (b) fit for the intended purposes for which the
materials are used, (c) within the variations permitted by the Agreement and are of even kind, quantity,
and quality within each unit and among all units, (d) adequately contained, packaged and marked as the
Agreement may require, and (e) conform to the Contractor’s written promises or affirmations of fact.
5.45 Fitness. The Contractor warrants that any material supplied to City will fully conform to all
requirements of the Agreement and all the Contractor’s representations, and will be fit for all purposes
and uses required by the Agreement.
5.46 Inspection/Testing. The warranties set forth in the Agreement are not affected by the City’s inspection
or testing of or payment for the materials by the City.
DocuSign Envelope ID: 21655FF6-D85E-4FE3-8C87-7CF3673509CE
Page 12 of 35
5.47 Packing and Shipping. The Contractor will be responsible for industry standard packing, which
conforms to requirements of carrier’s tariffs and Interstate Commerce Commission (ICC) regulations.
Containers must be clearly marked as to lot number, destination, address, and purchase order number.
5.48 Delivery. All prices are F.O.B. Destination and include all delivery and unloading at the specified
destinations. The Contractor will retain title and control of all goods until they are delivered and accepted
by the City. All risk of transportation and all related charges will be the responsibility of the Contractor. All
claims for visible or concealed damage will be filed by the Contractor. The City will notify the Contractor
promptly of any damaged goods and will assist the Contractor in arranging for inspection.
5.49 Risk of Loss. The Contractor will bear all loss of conforming material covered under this Agreement
until received by authorized personnel at the location designated in the purchase order or Agreement.
Mere receipt does not constitute final acceptance. The risk of loss for nonconforming materials will remain
with the Contractor regardless of receipt.
5.50 Current Products. All products offered in response to this solicitation will be in current and ongoing
production; will have been formally announced for general marketing purposes; will be a model or type
currently functioning in a user (paying customer) environment and capable of meeting or exceeding all
specifications and requirements set forth in the City’s solicitation.
5.51 Annual Usage Report. Upon request, the Contractor will furnish to the City an annual usage report
delineating the acquisition activity governed by the Agreement. The format of the report will be approved
by the City and will disclose the quantity and the dollar value of each agreement item by individual
purchasing unit.
5.52 Catalogs/Agreement Price Listing. As applicable, the Contractor will furnish to all requesting
departments catalogs at no cost, which will outline agreement prices.
5.53 Emergency Purchases. City reserves the rights to purchase from other sources those items,
which are required on an emergency basis and cannot be supplied immediately by the Contractor.
5.54 Non-Exclusive Agreement. This agreement is for the sole convenience of the City of Chandler.
The City reserves the right to obtain like goods or services from another source when necessary.
5.55 Budget Approval Into Next Fiscal Year. This Agreement will commence on the Effective Date and
continue in full force and effect until it is terminated or expires in accordance with the provisions of this
Agreement. The Parties recognize that the continuation of this Agreement after the close of the City's fiscal
year, which ends on June 30 of each year, is subject to the City Council's approval of a budget that includes
an appropriation for this item as an expenditure. The City does not represent that this budget item will be
actually adopted. This determination is solely made by the City Council at the time Council adopts the
budget.
DocuSign Envelope ID: 21655FF6-D85E-4FE3-8C87-7CF3673509CE
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DocuSign Envelope ID: 21655FF6-D85E-4FE3-8C87-7CF3673509CE
Salesman
Page 14 of 35
EXHIBIT A TO AGREEMENT
SCOPE OF WORK
1.
SCOPE
Contractor will provide equipment repair for various City departments, which currently include
Water Production, Wastewater Treatment, Wastewater Collection, Reverse Osmosis, Solid Waste
and Streets. The contract is separated into Six categories as indicated below.
1.1
Water Treatment and Booster Facilities Pump and Process Equipment Sales and Maintenance.
This work will take place at the City's Pecos Water Treatment Facility and reservoir / booster stations at
various locations throughout the City. This category will Include work on all types of pumps, valves and
process equipment common to water treatment and booster station facilities.
1.2
Wastewater Treatment and Lift Station Pump and Process Equipment Sales and Maintenance.
This work will take place at the City's Airport Water Reclamation Facility, Lone Butte Wastewater
Facility, Ocotillo Water Reclamation Facility, Lift Stations and Wastewater Facilities at various
locations throughout the City. This category will Include work on all types of pumps, valves and
process equipment common to wastewater treatment and lift station facilities.
1.3
Potable Well, Aquifer Storage and Recovery Well (ASR), Monitor Well, and Leachate recovery well
pump and Equipment Sales and Maintenance.
This work will take place at various well locations throughout the City. This category will Include
work on both Line shaft and Submersible type well pump systems, well maintenance, rehabilitation
and repair, as well as work on all types of pumps, valves and process equipment common to
potable, ASR and monitor well and leachate recovery facilities.
1.4
Chandler Reverse Osmosis Plant Pumps and Process Equipment Sales and Maintenance.
This work will take place at the City's Reverse Osmosis Facility. This category will Include work on
all types of pumps, valves and process equipment common to Industrial reverse osmosis water
treatment facilities.
1.5
Other City Facilities
This work will take place at the City's other facilities such as City owned buildings, parks, pools, and
street storm water facilities. This category will include work on all types of pumps, motors and
equipment common to these facilities.
1.6
OEM Parts and Service
This work will take place at any of the city Facilities. This category is for work to be performed by
the authorized manufacturer’s representative for the OEM products listed in Section 4 of the price
page.
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2. RESPONSE TIME
2.1.
Water Treatment and Booster Facilities Pump and Process Equipment Sales and Maintenance.
CONTRACTOR shall commence work within 5-calendar days of notification from CITY for all non-
emergency calls.
CONTRACTOR shall commence work within 4 days of notification from CITY for all emergency calls.
CONTRACTOR shall commence work on warranty repairs within the same time frame specified for non-
emergency and emergency calls.
2.2.
Wastewater Treatment and Lift Station Pump and Process Equipment Sales and Maintenance.
CONTRACTOR shall commence work within 5 days of notification from CITY for all non-emergency calls.
CONTRACTOR shall commence work within 24 hours of notification from CITY for all emergency calls.
CONTRACTOR shall commence work on warranty repairs within the same time frame specified for non-
emergency and emergency calls.
2.3.
Potable Well, Aquifer Storage and Recovery Well (ASR), Monitor Well, and Leachate recovery well
pump and Equipment Sales and Maintenance.
CONTRACTOR shall commence work within 10 days of notification from CITY for all non-emergency
calls.
CONTRACTOR shall commence work within 24 hours of notification from CITY for all emergency calls.
CONTRACTOR shall commence work on warranty repairs within the same time frame specified for non-
emergency and emergency calls.
2.4.
Chandler Reverse Osmosis Plant Pumps and Process Equipment Sales and Maintenance.
CONTRACTOR shall commence work within 5-calendar days of notification from CITY for all non-
emergency calls.
CONTRACTOR shall commence work within 4 days of notification from CITY for all emergency calls.
CONTRACTOR shall commence work on warranty repairs within the same time frame specified for non-
emergency and emergency calls.
2.5.
Other City Facilities
CONTRACTOR shall commence work within 5-calendar days of notification from CITY for all non-
emergency calls.
DocuSign Envelope ID: 21655FF6-D85E-4FE3-8C87-7CF3673509CE
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CONTRACTOR shall commence work within 4 days of notification from CITY for all emergency calls.
CONTRACTOR shall commence work on warranty repairs within the same time frame specified for non-
emergency and emergency calls.
2.6.
OEM Parts and Service
CONTRACTOR shall commence work within 5-calendar days of notification from CITY for all non-
emergency calls.
CONTRACTOR shall commence work within 4 days of notification from CITY for all emergency calls.
CONTRACTOR shall commence work on warranty repairs within the same time frame specified for non-
emergency and emergency calls.
3. WORK ESTIMATES AND COMPLETION TIME
Prior to CONTRACTOR performing any repair work, CONTRACTOR will be required to provide CITY a
written report including condition of equipment, recommended repairs and cost of repairs.
CONTRACTOR will be allowed to remove and disassemble the equipment prior to providing CITY
written estimate. The written estimate will be required 72 hours after equipment has been removed.
CONTRACTOR will be required to repair and reinstall equipment within 10 working days from approval
of the work. This requirement will be adjusted if parts delivery exceeds 10 days.
4.
REPLACEMENT PARTS
CITY may purchase replacement pumps, motors, and other related equipment from CONTRACTOR.
The price to be paid to CONTRACTOR by CITY will be billed at the invoice price multiplied by the factor
listed on Exhibit C. The factor listed will be CONTRACTOR’s compensation for handling. CONTRACTOR
shall include invoices for any parts for which he is seeking reimbursement. All replacement parts
supplied must meet all manufacturer's specifications.
CONTRACTOR may be required to provide pricing of repair parts for specific jobs prior to CITY
authorizing purchase of the parts from CONTRACTOR. CITY reserves the right to purchase pumps,
motors, and other related equipment directly from the manufacturer or from other vendors if it is in
CITY's best interest.
5.
SUPERVISION BY THE CONTRACTOR
CONTRACTOR will supervise and direct all work. CONTRACTOR shall be solely responsible for the
means, methods, techniques, sequences and procedures performed. CONTRACTOR will employ
and maintain on the work a qualified supervisor or superintendent, which shall be designated in
writing by CONTRACTOR as CONTRACTOR's representative at the site. The supervisor shall have full
authority to act on behalf of CONTRACTOR and all communications given to the supervisor shall be
as binding as of given to CONTRACTOR. The supervisor shall be present on the site at all times as
required to perform adequate supervision and coordination of the work.
DocuSign Envelope ID: 21655FF6-D85E-4FE3-8C87-7CF3673509CE
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6.
INSPECTION
CITY Staff may monitor the work site and report to the Contract Administrator as to the progress of
the Work, the manner in which it is being performed, and if material furnished and work performed
by CONTRACTOR fails to fulfill the requirements of the Contract. CITY Staff may direct the attention of
CONTRACTOR to such failure or infringement but such inspection shall not relieve CONTRACTOR from
any obligation to furnish acceptable materials or to provide completed work that complies with the
Contract.
In the case of any dispute arising between CITY staff and the CONTRACTOR as to material furnished or
the manner of performing work, CITY Staff shall have the authority to reject materials or suspend the
work until the question and issue can be resolved
7.
VIBRATION ANALYSIS
Repairs performed under this contract will be subject to vibration analysis and must comply with
manufacturers specifications.
8.
SAFETY PROCEDURES
CONTRACTOR will be responsible for coordinating their activities with CITY. Prior to the start of
work, CONTRACTOR and CITY will perform a Pre-job briefing to discuss and plan for dealing with
relevant safety issues such as lockout tag-out and confined space exposures. CONTRACTOR will be
responsible to properly lockout tag- out electrical hazards and ensure there is a plan to deal with
other work related hazards.
9.
DISINFECTION
CONTRACTOR will be responsible for disinfection of all potable water equipment with NSF approved
products prior to and during installation in accordance with Maricopa County Health Code, Chapter V,
Water Supply R9-8-266.
10.
CLEANUP
CONTRACTOR shall remove all debris and other materials from the work site after the completion of
work.
11.
PROTECTION OF FINISHED OR PARTIALLY FINISHED WORK
CONTRACTOR shall properly secure the work site and protect all finished or partially finished work.
12.
DISPOSAL OF WASTE
CONTRACTOR will be responsible for disposal of all waste products including but not limited to oil baled
from a well, debris, etc. at a legal off-site location. ANY DISPOSAL OF WASTE PRODUCTS OR UNUSED
MATERIALS SHALL CONFORM TO APPLICABLE FEDERAL, STATE, AND LOCAL REGULATIONS. Copies of
disposal documentation shall be provided to CITY upon request.
13.
WRITTEN COMPLETION REPORTS
CONTRACTOR shall submit a written completion report to CITY within 30 days of completion of work,
DocuSign Envelope ID: 21655FF6-D85E-4FE3-8C87-7CF3673509CE
Page 18 of 35
which details work completed. The report for pump repair shall include depth of setting, bowl size and
make, tube and shaft size and make, depth of well water level and other pertinent information. The
report shall include a daily log that accounts for all hours and materials billed to the job. CITY
will not make payment prior to receiving this report.
14.
The contractor shall follow the Electrical Motor service and Repair Acceptance Policy attached as Exhibit
for all electric motor repair
DocuSign Envelope ID: 21655FF6-D85E-4FE3-8C87-7CF3673509CE
Page 19 of 35
EXHIBIT B TO AGREEMENT
PRICING
EXHIBIT B -PRICE PAGES
1) Water Treatment and Booster Facilities Pump and
Process Equipment Sales and Maintenance.
This work will take place at the City's Pecos Water Treatment Facility and
reservoir / booster stations at various locations throughout the City. This
category will Include work on all types of pumps, valves and process
equipment common to water treatment and booster station facilities.
2) Wastewater Facilities and Lift Station Pump and
Process Equipment Sales and Maintenance.
This work will take place at the City's Airport Water Reclaimation
Facility, Lone Butte Wastewater Facility, Ocotillo Water Reclamation
Facility, Lift Stations and Wastewater Facilities at various locations
throughout the City. This category will Include work on all types of
pumps, valves and process equipment common to wastewater
treatment and lift station facilities.
3) Potable Well, Injection Well, Aquifer Storage and
Recovery Well (ASR), Monitor Well, and Leachate
recovery well pump and Equipment Sales and
Maintenance.
This work will take place at various well locations throughtout the City.
This category will Include work on both Lineshaft and Submersible type
well pump systems, well maintenace, rehabilitation and repair, as well
as work on all types of pumps, valves and process equipment common
to potable, ASR and monitor well and leachate recovery facilities.
4) Chandler Reverse Osmosis Plant Pumps and Process
Equipment Sales and Maintenance.
This work will take place at the City's Reverse Osmosis Facility. This
category will Include work on all types of pumps, valves and process
equipment common to Industrial reverse osmosis water treatment
facilities.
5) Other City Facilities
This work will take place at the City's other facilities such as City owned
buildings, parks, pools, and street storm water facilities. This category
will include work on all types of pumps, motors and equipment
common to these facilities.
5) OEM parts and service provider
This work can take place in any of the City facilities. This category is for all
work to be performed by the authorized representative of the Manufacturer
listed in Section 4 below
DocuSign Envelope ID: 21655FF6-D85E-4FE3-8C87-7CF3673509CE
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Section 1: Labor
Description
Unit Cost
Unit of
Measure
1.1
Electrician - Field
$125.00
Hourly
Rate
1.2
Electrician - Shop
$85.00
Hourly
Rate
1.3
Laborer - Field
$65.00
Hourly
Rate
1.4
Laborer - Shop
$65.00
Hourly
Rate
1.5
Machinist - Field
$150.00
Hourly
Rate
1.6
Machinist - Shop
$110.00
Hourly
Rate
1.7
Mechanic - Field
$115.00
Hourly
Rate
1.8
Mechanic - Shop
$85.00
Hourly
Rate
1.9
Welder - Field
$115.00
Hourly
Rate
1.1
Welder - Shop
$85.00
Hourly
Rate
1.11
Operator - Field
NA
Hourly
Rate
1.12
Supervisor - Field
NA
Hourly
Rate
1.13
Technician - Field
$125.00
Hourly
Rate
1.14
Multiplier for Overtime, Weekend and Holiday Work
1.6
Multiplier
1.15
Well Video Color w/sidescan (Includes Equipment &
labor - Written report and 2 copies of DVD)
NA
Cost Per
Well
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Type 1 Equipment, Section 2: Equipment
Type 1
Equipment
(1 hour Mob, 1 Hour Demob Allowed On This
Machiney)
Unit Cost
Unit of
Measure
2.1
Air Compressor (450 CFM & Smaller)
NA
Hourly
Rate
2.2
Air Compressor (451 CFM & Larger)
NA
Hourly
Rate
2.3
Dump Truck
NA
Hourly
Rate
2.4
Pickup Truck
$75.00
Hourly
Rate
2.5
Crane Truck
$125.00
Hourly
Rate
2.6
Pump Service Truck
$115.00
Hourly
Rate
2.7
Water Truck w/ 1 Man
NA
Hourly
Rate
2.8
Tractor Trailer & Driver
NA
Hourly
Rate
2.9
Portable Steam Cleaner
NA
Hourly
Rate
2.1
Portable Welding Machine
NA
Hourly
Rate
2.11
Concrete Pump
NA
Hourly
Rate
Type 2 Equipment, (2 hour Mob, 2 Hour Demob
Allowed On This Machiney)
Unit Cost
Unit of
Measure
2.2-1
Pump Rig, 5 ton - 12 ton
NA
Hourly
Rate
2.2-2
Pump Rig, 13 -29 ton
NA
Hourly
Rate
2.2-3
Pump Rig, 30 - 49 ton & Larger with Walking Beam
NA
Hourly
Rate
2.2-4
Pump Rig, 30 - 49 ton & Larger
NA
Hourly
Rate
DocuSign Envelope ID: 21655FF6-D85E-4FE3-8C87-7CF3673509CE
Page 22 of 35
2.2-5
Pump Rig, 50 ton & larger with Walking Beam
NA
Hourly
Rate
2.2-6
Pump Rig, 50 ton & larger
NA
Hourly
Rate
2.2-7
Backhoe
NA
Hourly
Rate
2.2-8
Skip Loader
NA
Hourly
Rate
Type 3 Equipment(Mob / Demob for each Item
Includes both setup and tear down)
Unit Cost
Unit of
Measure
2.3-1
Cable Tool Drill Rig (20W or 22W)
NA
Hourly
Rate
2.3-2
Cable Tool Drill Rig (20W or 22W) Mob / Demob
NA
Lump Sum
2.3-3
Cable Tool Drill Rig (28L or 60L)
NA
Hourly
Rate
2.3-4
Cable Tool Drill Rig (28L or 60L) Mob / Demob
NA
Lump Sum
2.3-5
Cable Tool Drill Rig (36L or 48L)
NA
Hourly
Rate
2.3-6
Cable Tool Drill Rig (36L or 48L) Mob / Demob
NA
Lump Sum
2.3-7
Test Pump Assembly (0-100 gpm)
NA
Hourly
Rate
2.3-8
Test Pump Assembly (0-100 gpm) Mob / Demob
NA
Lump Sum
2.3-9
Test Pump Assembly (101-500 gpm)
NA
Hourly
Rate
2.3-10
Test Pump Assembly (101-500 gpm) Mob / Demob
NA
Lump Sum
2.3-11
Test Pump Assembly (1501-2500 gpm)
NA
Hourly
Rate
2.3-12
Test Pump Assembly (1501-2500 gpm) Mob / Demob
NA
Lump Sum
2.3-13
Test Pump Assembly (501-1500 gpm)
NA
Hourly
Rate
2.3-14
Test Pump Assembly (501-1500 gpm) Mob / Demob
NA
Lump Sum
2.3-15
Test Pump Engine & Fuel (300 HP & Below)
NA
Hourly
Rate
2.3-16
Test Pump Engine & Fuel (300 HP & Below) Mob /
Demob
NA
Lump Sum
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2.3-17
Test Pump Engine & Fuel (301 HP through 500 HP)
NA
Hourly
Rate
2.3-18
Test Pump Engine & Fuel (301 HP through 500 HP) Mob
/ Demob
NA
Lump Sum
2.3-19
Test Pump Engine & Fuel (501 HP through 750 HP)
NA
Hourly
Rate
2.3-20
Test Pump Engine & Fuel (501 HP through 750 HP) Mob
/ Demob
NA
Lump Sum
2.3-21
Test Pump Operator & Fuel (751 HP through 1,000 HP)
NA
Hourly
Rate
2.3-22
Test Pump Operator & Fuel (751 HP through 1,000 HP)
Mob / Demob
NA
Lump Sum
Type 5, Special Contractor Owned Equipment/Tool
Rental. (Contractor to add description of
Specialized Contractor Owned Equipment not listed
above.)
Unit Cost
Unit of
Measure
2.4-1
NA
Hourly
Rate
2.4-2
NA
Hourly
Rate
2.4-3
NA
Hourly
Rate
2.4-4
NA
Hourly
Rate
2.4-5
NA
Hourly
Rate
2.4-6
NA
Hourly
Rate
2.4-7
NA
Hourly
Rate
2.4-8
NA
Hourly
Rate
2.4-9
NA
Hourly
Rate
DocuSign Envelope ID: 21655FF6-D85E-4FE3-8C87-7CF3673509CE
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2.4-10
NA
Hourly
Rate
Section 3: Contractor / Non OEM Parts and
Equipment
Type 1
Contractor Parts / Equipment Markups
Mark Up Example: (15% Markup = Cost x 1.15)
3.1
Parts Markup for Items with an invoiced cost less than
$9,999 / Ea
NA
3.2
Parts Markup for Items with invoiced cost of greater
than $10,000 / Ea
NA
3.3
Subcontractor Markup
NA
3.4
Rental Equipment Markup
NA
Section 4, OEM Parts and Equipment
Catalog Date and title
%
Discount
From List
Price
BLOWERS
4.1
Gardner Denver
NET
%
4.2
Kaeser Co-Pak Pluss
NET
%
4.3
Ingersoll Rand
NA
%
4.4
Roots Rotary Lobe Blower
NA
%
4.5
HIS/Atlas Copco
NA
%
4.6
United Blower
NA
%
4.7
Spencer
NA
%
PUMPS
4.8
Flygt Submersible Pumps
5%
%
4.9
Grundfos Pumps
NA
%
4.10
Simflo Pumps
NA
%
4.1
Goulds Pumps
NA
%
4.12
Fairbanks Morse Pumps
NA
%
4.13
Gorman Rupp
NET
%
4.14
Wemco
NA
%
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4.15
Peerless
NA
%
4.16
Paco Pumps
NA
%
4.17
Flowserve Pumps
NA
%
4.18
Vanton Pump
NA
%
MOTORS
4.19
G.E.
NA
%
4.20
U.S.
NA
%
4.21
Baldor
NA
%
4.22
Toshiba
NA
%
4.23
TECO/Westinghouse
NA
%
4.24
WEG
NA
%
CLARIFIERS
4.25
EIMCO Claifier OEM Parts
NA
%
4.26
Walker
NA
CHEMICAL METERING PUMPS
4.27
Milton Roy
NA
%
4.28
Wallace and Teirnan (US Filter)
NA
%
4.29
Prominent
NA
%
4.30
Alldos
NA
%
4.31
Seepex
NA
%
4.32
Moyno
NA
%
4.33
Brendal Hose Pumps
NA
%
4.44
Wanner Engineering/Hydra cell
NA
%
4.35
UGSI
NA
%
4.36
Pulsefeeders
5%
%
SCRUBBERS, EXHAUST FANS, VAPEX UNITS
4.37
US Filter
NA
%
4.38
Vapex
NA
%
DEWATERING EQUIPMENT-BELT FILTER PRESSES,
SLUDGE THICKENERS, PACKAGED POLYMER SYSTEMS
4.39
Ashbrooke Simon-Hartley
NA
%
VALVES & ACTUATORS
DocuSign Envelope ID: 21655FF6-D85E-4FE3-8C87-7CF3673509CE
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4.40
Cla-Val
NA
%
4.41
DeZurick Valves
NA
%
4.42
Watts
NA
%
4.43
Keystone
NA
%
4.44
Techno
NA
%
4.45
Vaimen
NA
%
4.46
Baski
NA
%
4.47
Indelac actuators
NA
%
4.48
Koei actuators
NA
%
4.49
Auma
NA
%
4.50
Rotork
NA
%
4.51
EIM
NA
%
MIXERS
4.52
Philidelphia Mixers
NA
%
4.53
Lightnin
NA
%
WATER FILTERS
4.54
Tekleen
NA
%
ELECTRICAL CONTROLS
4.55
Allen Bradley
NA
%
4.56
Modicon/Schneider Electric PLC
NA
%
Applicable Tax Rate
8.60%
%
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Page 27 of 35
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
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
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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.
D.
Builders’ Risk/Installation Floater Insurance. The Contractor bears all responsibility for loss to
all equipment or Work under construction. Unless waived in writing by the City the
Contractor will purchase and maintain in force Builders’ Risk/Installation Floater insurance
on the entire Work until completed and accepted by the City. This insurance will be Special
Causes of Loss policy form, (minimally including perils of fire, flood, lightning, explosion,
windstorm and hail, smoke, aircraft and vehicles, riot and civil commotion, theft, vandalism,
malicious mischief, and collapse), completed value, replacement cost policy form equal to
the contract price and all subsequent modifications. The Contractor’s Builders’
Risk/Installation Floater insurance must be primary and not contributory.
1. Builders’ Risk/Installation Floater insurance must cover the entire Work including
reasonable compensation for architects and Contractors’ services and expenses and
other “soft costs” made necessary by an insured loss. Builders’ Risk/Installation Floater
insurance must provide coverage from the time any covered property comes under the
Contractor’s control and or responsibility, and continue without interruption during
course of construction, renovation and or installation, including any time during which
any project property or equipment is in transit, off site, or while on site for future use or
installation. Insured property must include, but not be limited to, scaffolding, false work,
and temporary buildings at the site. This insurance must also cover the cost of removing
debris, including demolition as may be legally required by operation of any law,
ordinance, regulation or code.
2. The Contractor must also purchase and maintain Boiler and Machinery insurance with
the same requirements as Builders’ Risk/Installation Floater insurance cited above if the
Work to be performed involves any exposures or insurable property normally covered
under a Boiler and Machinery insurance policy or made necessary as required by law or
testing requirements in the performance of this Contract/Agreement. The Contractor will
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be responsible for any and all deductibles under these policies and the Contractor waives
all rights of recovery and subrogation against the City under the Contractor’s Builders’
Risk/Installation Floater insurance described herein.
3. Builders’ Risk/Installation Floater Insurance must be maintained until whichever of the
following first occurs: (i) final payment has been made; or, (ii) until no person or entity,
other than the City, has an insurable interest in the property required to be covered.
a. The Builders’ Risk/Installation Floater insurance must be endorsed so that the
insurance will not be canceled or lapse because of any partial use or occupancy by
the City.
b. The Builders Risk/Installation Floater insurance must include as named insureds, the
City, the Contractor, and all tiers of subcontractors and others with an insurable
interest in the Work who will be named as additional insureds unless they are able to
provide the same level of coverage with the City and Contractor named as additional
insureds. Certificates must contain a provision that the insurance will not be canceled
or materially altered without at least 30 days advance notice to the City. The City must
also be named as a Loss Payee under the Builders’ Risk/Installation Floater coverage.
c. The Builders Risk/Installation Floater insurance must be written using the Special
Causes of Loss policy form, replacement cost basis.
d. All rights of subrogation under the Builders Risk/Installation Floater insurance are, by
this Contract/Agreement, waived against the City, its officers, officials, agents and
employees.
e. The Contractor is responsible for payment of all deductibles under the Builders’
Risk/Installation Floater insurance policy.
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.
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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.
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EXHIBIT D TO AGREEMENT
SPECIAL CONDITIONS
ACCESS TO SECURED FACILITIES
Contract Worker Access Controls, Badge and Key Access Requirements. A Contract Worker shall not be
allowed to begin work in any City facility without: (A) The prior completion and the City's acceptance of the
required background screening; and (B) when required, the Contract Worker's receipt of a City issued
badge. A badge will be issued to a Contract Worker solely for access to the City facility(s) to which the
Contract Worker is assigned. Each Contract Worker who enters a City facility must use the badge issued to
the Contract Worker. Any and all fees associated with security badging will be assessed in compliance with
Chandler City Code §4-22.
Key Access Procedures. If the Contract Worker's services require keyed access to enter a City facility(s), a
separate key issue/return form must be completed and submitted by Contractor for each key issued.
Stolen or Lost Badges or Keys. Contractor shall report lost or stolen badges or keys to the City immediately.
A new badge application or key issue form shall be completed and submitted along with payment of the
applicable fees prior to issuance of a new badge or key.
Return of Badges or Keys. All badges and keys are the property of the City and must be returned to the City
within one business day of when the Contract Worker's access to a City facility is no longer required to
furnish the services under this Agreement. Contractor shall collect a Contract Worker's badge and key(s)
upon the termination of the Contract Worker's employment; when the Contract Worker's services are no
longer required at the particular City facility(s); or upon termination, cancellation or expiration of this
Agreement.
Contractor's default under this Section shall include, but is not limited to the following: (1) Contract Worker
gains access to a City facility(s) without the proper badge or key; (2) Contract Worker uses a badge or key
of another to gain access to a City facility; (3) Contract Worker commences services under this Agreement
without the proper badge, key or Background Screening; (4) Contract Worker or Contractor submits false
information or negligently submits wrong information to the City to obtain a badge, key or applicable
Background Screening; or (5) Contractor fails to collect and timely return Contract Worker's badge or key
upon termination of Contract Worker's employment, reassignment of Contract Worker to another City
facility or upon the expiration, cancellation or termination of this Agreement. Contractor acknowledges
and agrees that the access control, badge and key requirements in this Section are necessary to preserve
and protect public health, safety and welfare. Accordingly, Contractor agrees to properly cure any default
under this Section within three business days from the date notice of default is sent by the City. The parties
agree that Contractor's failure to properly cure any default under this Section shall constitute a breach of
this Section. In addition to any other remedy available to the City at law or in equity, Contractor shall be
liable for and shall pay to the City the sum of $1,000.00 for each breach by Contractor of this Section. The
parties further agree that the sum fixed above is reasonable and approximates the actual or anticipated
loss to the City at the time and making of this Agreement in the event that Contractor breaches this Section.
Further, the parties expressly acknowledge and agree to the fixed sum set forth above because of the
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difficulty of proving the City's actual damages in the event that Contractor breaches this Section. The parties
further agree that three breaches by Contractor of this Section arising out of any default within a
consecutive period of three months or three breaches by Contractor of this Section arising out of the same
default within a period of 12 consecutive months shall constitute a material breach of this Agreement by
Contractor and the City expressly reserves all of its rights, remedies and interests under this Agreement,
at law and in equity including, but not limited to, termination of this Agreement.
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EXHIBIT E
Electrical motor service and repair acceptance policy
The City of Chandler will provide written documentation with each electric motor being sent in for service that will
identify contact information and why the unit is being sent in for service: Included will be any supporting test data
such as vibration, ultrasound, infrared, motor circuit analysis, or SCADA reports. This request will either accompany
the motor when picked up or dropped off by/to the service facility, or through an e-mail to service facility contact
person/department.
All work shall be performed in accordance with IEEE Std 112-2017 IEEE Standard Test Procedure for Polyphase Induction
Motors and Generators and NEMA MG1-2016 unless otherwise noted below. All work shall be documented with
pictures, test data, and written details with as found, repairs performed, material used with make and model
numbers, and final tests: Documentation should capture a complete traceable step through the repair process.
Included in the report should include a probable cause of failure (i.e. lack of lubrication, poor lubrication, electrical
surge, fatigue…): The “probable cause” will be a nonbinding statement, it is only meant to identify corrective actions for the
City of Chandler to address. If any formal failure analysis is desired by the City of Chandler, it will be requested as such and
more detail would be expected.
Prior to acceptance of a repaired motor, a service report (shop floor copies acceptable) must accompany the motor:
this should include at a minimum any issues found, what corrective actions were performed, and a list of all material
used with make and part numbers. A final report with full details is required to be sent to the City of Chandler contact
within 30 days upon delivery of the motor, and prior to payment being made.
All test equipment and accessories that will be used during the pre and post repair testing must be calibrated to
National Institute of Standards and Technology (NIST) traceable standards, calibrated and/or recertified annually, and
copies of the certificates are available if/when requested. No alterations from OEM specifications shall be made, the
exceptions being that bearings may either be SKF, Timken, or Koyo (No other exceptions) and the parts used must be
specified on documentation with exact part numbers. Any OEM modifications (other than paint color, and insulation
class noted below) must have written authorization from the City of Chandler and be included in the final report.
Parts such as bearings, seals, and shields shall be removed with care, remain intact and damage free, and be returned
to the City of Chandler for inspection and review. Note: They should be cleaned and free of grease, dirt, or contaminants,
but only if they that can be done without creating further damage.
Whenever possible, any rewinding of motor shall be done to Insulation Class H rating accordance with NEMA MG1-
2016. The motor nameplate must be adjusted to show this change, either by changing the nameplate with the new
designation, or modify the nameplate insulation information to not be legible (strike out) and add a new permanent
label indicating new insulation class immediately adjacent to the nameplate.
The motor repair shop shall provide continuous updating of the repair process to the City of Chandler contact person
and provide the opportunity for City of Chandler personnel to witness any and all repairs and testing procedures if
desired: There must fair notice (24 hours) given ahead of such work, and written confirmation of acceptance or
refusal to attend be provided to the repair facility.
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As Found Testing (by motor repair shop):
1. Visual inspection – note any and all abnormalities.
2. Insulation test using IEEE 43-2013
3. Polarization Index ratio using IEEE 43-2013
4. Phase to phase resistance using IEEE 118-1978
5. Surge test using IEEE 522-2004
6. Other tests as needed to assess condition.
After repair testing (by motor shop)
1. Rotor balance using ISO 1940/1 or ANSIS2.19-1999
2. Insulation test using IEEE 43-2013
3. Polarization Index ratio using IEEE 43-2013
4. Step Voltage (medium voltage motors) using IEEE 95-2002
5. Phase to phase resistance using IEEE 118-1978
6. Surge test using IEEE 522-2004
7. Measurements at no-load: Each phase for voltage, amperage, and speed.
8. Bearing temperature (max Fo) – external reading using a thermocouple, RTD, or Infrared camera
(a non-contact spot pyrometer is not acceptable).
9. Motor temp (max Fo) from exterior, must be measured at each end and middle at 0o, 120o and
240o relative from where motor leads exit the casing reading using a thermocouple, RTD, or
Infrared camera (a non-contact spot pyrometer is not acceptable).
10. Noise Level using ANSI/NEMA MG 1-2016
11. Vibration ISO 2372 – 10816
a. Velocity spectrum in/s: Settings of fmax at 10 times running speed, 800 LOR.
b. Demod, shock pulse, or other OEM filtered measurement: Settings of fmax at 10 times
running speed, 800 LOR.
c. Acceleration waveform ‘g’s and Spectrum: Settings of fmax 600000 CPM and for 1600 LOR
and 4096 Samples.
d. Measurement shall be taken on the same side (or 180o) where the motor leads exit the
casing and at 90o orientation (top achieve parallel and perpendicular readings) and in line
with the center of the bearing race. Note: If using a Triaxial sensor only one location is
required at each bearing and that should be 90o (in either direction) from where the motor leads
exit the casing.
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Shipped /Received
1. Motor will be shipped with service report (shop notes acceptable, but must be complete)
2. Motor will be shipped/accepted with no oil in reservoir.
3. Any greased bearings shall lubricant shall be Mobil Polyrex EM or Mobil SHC 100, or an alternative
grease given to the motor shop by the customer. The service report must indicate what lubricant
(grease) product was used.
4. All bearings and bearing cavities shall be filled to OEM specifications.
At delivery
1. City will test motor with an All Test Pro AT5 de-energized motor circuit analyzer. Status of all of
the following parameters must indicate “OK”, and measurements with actual values or readings
between phases are within 3% of each other.
a. Resistance of windings
b. Insulation test
c. Contamination of windings
d. Phase Angle
2. Contractor or city will perform laser alignment (where required)
3. City will fill unit with oil from their supply.
4. City will wire and work with installing contractor to test for rotation (uncoupled)
5. Contractor or city will set/secure driven equipment to motor.
6. Unit will be started and after five minutes, city will perform vibration, airborne ultrasound testing,
Infrared thermography inspections on the motor and motor bearings.
7. Any abnormalities (sound/smell/vibration) will be noted and addressed with contractor and/or
motor shop.
8. If no anomalies found, the unit will stay running for at least 15 minutes up to one hour when the
unit will be shut down and oil drained and refilled with new oil.
9. When the motor accumulates 200 – 250 run hours, a new set of vibration, ultrasound, and
infrared date will be collected and analyzed.
For oil filled units: An oil sample will be collected and sent out to a contracted lab for analysis.
There should be no more than a 5% change in readings from initial base line data.
10. Any unexplainable change in testing levels or performance will require a corrective response by
the installing contractor and/or motor shop.
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