HomeMy WebLinkAboutC2023-079 - KM Facilities1
Contract No. 2023-079
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
K.M. FACILITY SERVICES, LLC
THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the
“Town”), and K. M. Facility Services, LLC, a(n) Arizona limited liability company (the
“Contractor”).
RECITALS
A. After a competitive procurement process, Maricopa County (“County”) entered into
Contract No. 220122-S, dated October 21, 2021, as amended (collectively, the “County Contract”)
for the Contractor to provide HVAC System Coil, Air Handler, Duct, and Associated Equipment
Cleaning. A copy of the County Contract as set forth in Exhibit A, incorporated herein by reference,
to the extent not inconsistent with this Agreement.
B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make
purchases under the County Contract, at its discretion and with the agreement of the awarded
Contractor, and the County Contract permits its cooperative use by other public entities, including
the Town.
C. The Town and the Contractor desire to enter into this Agreement for the purpose of
(i) acknowledging their cooperative contractual relationship under the County Contract and this
Agreement, (ii) establishing the terms and conditions by which the Contractor may provide the
Town HVAC System Coil, Air Handler, Duct, and Associated Equipment Cleaning (the “Materials
and Services”), and (iii) setting the maximum aggregate amount to be expended pursuant to this
Agreement related to the Materials and Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Contractor hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective as of the date of execution
and attested by the Town Clerk pursuant to Section 3-3-31 of the Town Code, and shall remain in
full force and effect until October 31, 2023 (the “Initial Term”), unless terminated as otherwise
provided in this Agreement or the County Contract. After the expiration of the Initial Term, this
Agreement may be renewed for up to four successive one-year terms (the “Renewal Term”) if: (i)
it is deemed in the best interests of the Town, subject to availability and appropriation of funds for
renewal in each subsequent year, (ii) the term of the County Contract has not expired or has been
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extended, (iii) at least 30 days prior to the end of the then-current term of this Agreement, the
Contractor requests, in writing, to extend this Agreement for an additional one-year term and (iv)
the Town approves the additional one-year term in writing (including any price adjustments
approved as part of the County Contract), as evidenced by the Town Manager’s signature thereon,
which approval may be withheld by the Town for any reason. The Contractor’s failure to seek a
renewal of this Agreement shall cause this Agreement to terminate at the end of the then-current
term of this Agreement; provided, however, that the Town may, at its discretion and with the
agreement of the Contractor, elect to waive this requirement and renew this Agreement. The Initial
Term and any Renewal Term(s) are collectively referred to herein as the “Term.” Upon renewal,
the terms and conditions of this Agreement shall remain in full force and effect.
2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement for
Materials and Services under the terms and conditions of the County Contract. The Town does not
guarantee that any minimum or maximum number of purchases will be made pursuant to this
Agreement. Purchases will only be made when the Town identifies a need and proper authorization
and documentation have been approved. For purchase(s) determined by the Town to be appropriate
for this Agreement, the Contractor shall provide the Materials and Services to the Town in such
quantities and configurations agreed upon between the parties, in a written invoice, quote, work
order or other form of written agreement describing the work to be completed (each, a “Work
Order”). Each Work Order approved and accepted by the parties pursuant to this Agreement shall
(i) contain a reference to this Agreement and the County Contract and (ii) be attached hereto as
Exhibit B and incorporated herein by reference. Work Orders submitted without referencing this
Agreement and the County Contract will be subject to rejection.
2.1 Inspection; Acceptance. All Materials and Services are subject to final
inspection and acceptance by the Town. Materials failing to conform to the requirements of this
Agreement and/or the County Contract will be held at Contractor’s risk and may be returned to the
Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of a
non-conforming Materials or Services, the Town may elect to do any or all of the following by
written notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or
(iii) bring the Materials or Services into compliance and withhold the cost of same from any
payments due to the Contractor.
2.2 Cancellation. The Town reserves the right to cancel Work Orders within a
reasonable period of time after issuance. Should a Work Order be canceled, the Town agrees to
reimburse the Contractor, but only for actual and documentable costs incurred by the Contractor
due to and after issuance of the Work Order. The Town will not reimburse the Contractor for any
costs incurred after receipt of Town notice of cancellation, or for lost profits, shipment of product
prior to issuance of Work Order or for anything not expressly permitted pursuant to this Agreement.
3. Compensation. The Town shall pay Contractor for the Term amount not to exceed
$66,000 (including all renewals) for the Materials and Services at the rates that shall be agreed
upon by the parties. The aggregate amount per renewal term shall not exceed $50,000 in any case
unless the Agreement is affirmed and ratified via an executed amendment. All remaining terms
and conditions of the Agreement shall remain in full force and effect.
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4. Payments. The Town shall pay the Contractor monthly (and the Contractor shall
invoice monthly), based upon acceptance and delivery of Materials and/or Services performed and
completed to date, and upon submission and approval of invoices. Each invoice shall (i) contain a
reference to this Agreement and the County Contract and (ii) document and itemize all work
completed to date. The invoice statement shall include a record of materials delivered, time
expended, and work performed in sufficient detail to justify payment. Additionally, invoices
submitted without referencing this Agreement and the County Contract will be subject to rejection
and may be returned.
5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are
complying with the warranty under Section 6 below, Contractor’s and its subcontractors’ books,
records, correspondence, accounting procedures and practices, and any other supporting evidence
relating to this Agreement, including the papers of any Contractor and its subcontractors’
employees who perform any work or services pursuant to this Agreement (all of the foregoing
hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or
reproduction during normal working hours by the Town, to the extent necessary to adequately
permit evaluation of the Contractor’s and its subcontractors’ compliance with the Arizona
employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to
audit Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights
to keep such Records confidential. For the purpose of evaluating or verifying such actual or
claimed costs or units expended, the Town shall have access to said Records, even if located at its
subcontractors’ facilities, from the effective date of this Agreement for the duration of the work
and until three years after the date of final payment by the Town to Contractor pursuant to this
Agreement. Contractor and its subcontractors shall provide the Town with adequate and
appropriate workspace so that the Town can conduct audits in compliance with the provisions of
this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of
intended audits. Contractor shall require its subcontractors to comply with the provisions of this
Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement.
6. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-
4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws
and regulations that relate to their employees and their compliance with the E-verify requirements
under ARIZ. REV. STAT. § 23-214(A). Contractor’s or its subcontractors’ failure to comply with
such warranty shall be deemed a material breach of this Agreement and may result in the
termination of this Agreement by the Town.
7. Israel. Contractor certifies that it is not currently engaged in and agrees for the
duration of this Agreement that it will not engage in a “boycott” of Israel as that term is defined in
ARIZ. REV. STAT. § 35-393.
8. China. Pursuant to and in compliance with A.R.S. § 35-394, Contractor hereby
agrees and certifies that it does not currently, and agrees for the duration of this Agreement that
Contractor will not, use: (1) the forced labor of ethnic Uyghurs in the People’s Republic of China;
(2) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic
of China; or (3) any contractors, subcontractors or suppliers that use the forced labor or any goods
or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of
China. Contractor also hereby agrees to indemnify and hold harmless the City, its officials,
employees, and agents from any claims or causes of action relating to the City’s action based upon
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reliance upon this representation, including the payment of all costs and attorney fees incurred by
the City in defending such as action.
9. Conflict of Interest. This Agreement may be canceled by the Town pursuant to
ARIZ. REV. STAT. § 38-511.
10. Applicable Law; Venue. This Agreement shall be governed by the laws of the State
of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa
County, Arizona.
11. Agreement Subject to Appropriation. The Town is obligated only to pay its
obligations set forth in this Agreement as may lawfully be made from funds appropriated and
budgeted for that purpose during the Town’s then current fiscal year. The Town’s obligations
under this Agreement are current expenses subject to the “budget law” and the unfettered
legislative discretion of the Town concerning budgeted purposes and appropriation of funds.
Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this
Agreement shall be deemed terminated at the end of the then-current fiscal year term for which
such funds were appropriated and budgeted for such purpose and the Town shall be relieved of
any subsequent obligation under this Agreement. The parties agree that the Town has no obligation
or duty of good faith to budget or appropriate the payment of the Town’s obligations set forth in
this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement
is executed and delivered. The Town shall be the sole judge and authority in determining the
availability of funds for its obligations under this Agreement. The Town shall keep Contractor
informed as to the availability of funds for this Agreement. The obligation of the Town to make
any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town.
Contractor hereby waives any and all rights to bring any claim against the Town from or relating
in any way to the Town’s termination of this Agreement pursuant to this section.
12. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among
the terms of this Agreement, any Town-approved work orders, the County Contract, and invoices,
the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in
conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions in
conflict with the terms of this Agreement or the County Contract (collectively, the “Unauthorized
Conditions”), other than the Town’s project-specific requirements, are expressly declared void and
shall be of no force and effect. Acceptance by the Town of any work order or invoice containing
any such Unauthorized Conditions or failure to demand full compliance with the terms and
conditions set forth in this Agreement or under the County Contract shall not alter such terms and
conditions or relieve Contractor from, nor be construed or deemed a waiver of, its requirements
and obligations in the performance of this Agreement.
13. Rights and Privileges. To the extent provided under the County Contract, the Town
shall be afforded all of the rights and privileges afforded to County and shall be “County” (as
defined in the County Contract) for the purposes of the portions of the County Contract that are
incorporated herein by reference.
14. Indemnification; Insurance. In addition to and in no way limiting the provisions set
forth in Section 12 above, the Town shall be afforded all of the insurance coverage and
indemnifications afforded to County to the extent provided under the County Contract, and such
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insurance coverage and indemnifications shall inure and apply with equal effect to the Town under
this Agreement including, but not limited to, the Contractor’s obligation to provide the
indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold
harmless the Town and each council member, officer, employee or agent thereof (the Town and
any such person being herein called an “Indemnified Party”), for, from and against any and all
losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable
attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified
Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such
Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the
negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work
or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the
performance of this Agreement.
15. Laws and Regulations. Consultant shall keep fully informed and shall at all times
during the performance of its duties under this Agreement ensure that it and any person for whom
the Consultant is responsible abides by, and remains in compliance with, all rules, regulations,
ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A)
existing and future Town and County ordinances and regulations; (B) existing and future State and
Federal laws; and (C) existing and future Occupational Safety and Health Administration
standards.
16. Notices and Requests. Any notice or other communication required or permitted to
be given under this Agreement shall be in writing and shall be deemed to have been duly given if
(i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered
or certified, return receipt requested, to the address set forth below or (iii) given to a recognized
and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Grady E. Miller, Town Manager
With copy to: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Aaron D. Arnson, Town Attorney
If to Contractor: K. M. Facility Services, LLC
5631 N. 52nd Ave.
Glendale, Arizona 85301
Attn: Kevin Uilke
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received: (i) when delivered to the party, (ii) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (iii) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. If a
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copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing
the date on which a notice is deemed to have been received by a party shall mean and refer to the
date on which the party, and not its counsel or other recipient to which a copy of the notice may
be sent, is deemed to have received the notice.
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
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ATTESTED TO:
_______________________________
Linda G. Mendenhall, Town Clerk
APPROVED AS TO FORM:
________________________________
Aaron D. Arnson, Town Attorney
____________________________________
Rachael Goodwin, Interim Town Manager
“Town”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
FOR THE CONTRACTOR:
__________________________
By: _______________________
Name:_____________________
Title: ______________________
K. M. Facility Services, LLC, a(n) Arizona limited liability company
Kevcin Uilkie (May 2, 2023 11:58 PDT)
Manager
Kevcin Uilkie
Aaron Arnson (May 5, 2023 07:34 PDT)
Aaron Arnson
Rachael Goodwin (May 8, 2023 07:43 PDT)
Rachael Goodwin
EXHIBIT A
TO
COOPERATIVE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
K. M. FACILITY SERVICES, LLC
[County Contract]
See following pages.
SERIAL 220122-S HVAC SYSTEM COIL, AIR HANDLER, DUCT, AND ASSOCIATED
EQUIPMENT CLEANING
DATE OF LAST REVISION: March 11, 2022 CONTRACT END DATE: October 31, 2023
CONTRACT PERIOD THROUGH OCTOBER 31, 2023
TO: All Departments
FROM: Office of Procurement Services
SUBJECT: Contract for HVAC SYSTEM COIL, AIR HANDLER, DUCT, AND
ASSOCIATED EQUIPMENT CLEANING
Attached to this letter is published an effective purchasing contract for products and/or services to be
supplied to Maricopa County activities as awarded by Maricopa County on October 21, 2021
(Eff. 11/01/21).
All purchases of products and/or services listed on the attached pages of this letter are to be obtained
from the vendor holding the contract. Individuals are responsible to the vendor for purchases made
outside of contracts. The contract period is indicated above.
EK/mm
Attach
Copy to: Office of Procurement Services
Sammi Birchard, FMD
Brad Koos, FMD
(Please remove Serial 15050-S from your contract notebooks)
SERIAL 220122-S
LEGENDS ENTERPRISES LLC DBA: DUCTZ OF NORTH PHOENIX AND DEER VALLEY, INDOOR
AIR PROFES, 20280 N 59TH AVE STE 115, GLENDALE, AZ 85308
COMPANY NAME:Legends Enterprises LLC
DOING BUSINESS AS (dba):DUCTZ of Arizona North Phoenix and Deer Valley
MAILING ADDRESS:20280 N. 59th Ave Ste 115 Glendale 85308
REMIT TO ADDRESS:20280 N. 59th Ave Ste 115 Glendale 85308
TELEPHONE NUMBER:16234668625
FAX NUMBER:8775595655
WWW ADDRESS:www.ductz.com
REPRESENTATIVE NAME:Vince Divarco
REPRESENTATIVE TELEPHONE NUMBER:5208202931
REPRESENTATIVE EMAIL ADDRESS vince.divarco@ductz.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE
FROM THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
2% 30 DAYS NET 31 DAYS
1st Call
1.0 Pricing
2.1 Regular Hours $35 per hr.
2.2 After Hours $35 per hr.
2.3 Weekend and Holiday Hours $45 per hr.
2.4 Coil Cleaning Services (All inclusive)$0.06 per cubic inches
2.4 Steam Cleaning (All Inclusive)$0.11 per cubic inches
2.5 Parts, Components, and Materials - List Price
Discount Percentage Discount Amount 15%discount amount
2.6 Hourly Rate for any Services Outside the Scope of
Work $45 per hr.
2.0 Equipment List
Include pricing only for the use and operation of owned or rented special tools and equipment that may be
necessary, above and beyond the tools of the trade necessary for the performance of this contract.
Pricing shall include any operating fees
3.1 Lift Rental $300 per day
SERIAL 220122-S
LEGENDS ENTERPRISES LLC DBA: DUCTZ OF NORTH PHOENIX AND DEER VALLEY
ATTACHMENT D.2 Price Sheet for HEPA and Specialty Filter Service
PRICING SHEET: NIGP CODE 91004
Terms: 2% 30 DAYS NET 31 DAYS
Vendor Number: VC0000006319
Certificates of Insurance Required
Contract Period: To cover the period ending October 31, 2023.
SERIAL 220122-S
KM FACILITY SERVICES LLC, 15136 W ROY ROGERS RD, SURPRISE, AZ 85387
COMPANY NAME:K.M. Facility Services
DOING BUSINESS AS (dba):K.M. Facility Services
MAILING ADDRESS:5631 n 52nd Ave
REMIT TO ADDRESS:K.M. Facility Services
TELEPHONE NUMBER:6239305490
FAX NUMBER:6234355596
WWW ADDRESS:kmfacserv.com
REPRESENTATIVE NAME:Kevin Uilkie
REPRESENTATIVE TELEPHONE NUMBER:6239305490
REPRESENTATIVE EMAIL ADDRESS kevin@kmfacserv.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE
FROM THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
2% 10 DAYS NET 31 DAYS
2nd Call
1.0 Pricing
2.1 Regular Hours $85 per hr.
2.2 After Hours $85 per hr.
2.3 Weekend and Holiday Hours $119 per hr.
2.4 Coil Cleaning Services (All inclusive)$0.05 per cubic inches
2.4 Steam Cleaning (All Inclusive)$0.05 per cubic inches
2.5 Parts, Components, and Materials - List Price
Discount Percentage Discount Amount 10%discount amount
2.6 Hourly Rate for any Services Outside the Scope
of Work $85 per hr.
2.0 Equipment List
Include pricing only for the use and operation of owned or rented special tools and equipment that may
be necessary, above and beyond the tools of the trade necessary for the performance of this contract.
Pricing shall include any operating fees
3.1 $85 per hr.
3.2 $85 per hr.
3.3 $85 per hr.
3.4 $85 per hr.
SERIAL 220122-S
KM FACILITY SERVICES LLC
ATTACHMENT D.2 Price Sheet for HEPA and Specialty Filter Service
Location System Type Size %EFF
Filter
Type Quantity
Anticipated Service
Frequency Notes
Per Service
Cost
Include all
Filters,
Labor & Tax
Lower Buckeye Jail
Building #1961 I5 Exhaust #9 Primary 24x24x2 30.00%30/30 6 6 months or as required
HIGH CAPACITY
MERV 8
PLEATED
FILTER $650.00
Secondary 24x24x12 99.97%HEPA 6 6 months or as required $1200.00
I6 Negative
Pressure
Exhaust
Rooms
10,12,14,16 Primary 24x24x2 30.00%30/30 3 6 months or as required
HIGH CAPACITY
MERV 8
PLEATED
FILTER $325.00
Primary 24x24x2 30.00%30/30 3 6 months or as required
HIGH CAPACITY
MERV 8
PLEATED
FILTER $325.00
Secondary 12x24x12 99.99%HEPA 3 6 months or as required $600.00
Secondary 24x24x12 99.99%HEPA 3 6 months or as required $1000.00
4th Avenue Jail
Building #3316
Negative
Pressure
Rooms Primary 24x24x2 30.00%30/30 1 6 months or as required
MERV 8
PLEATED
FILTER $100.00
Secondary 24x24x2 99.99%HEPA 1 6 months or as required
Flanders 0-007-
W-03-05-SU-52-
00-GG-F $850.00
Forensic Science
Building #3320
Exhaust
Special
Procedure
Room Primary 24x24x4 APIII 3 3 months or as required
MERV 8
PLEATED
FILTER $125.00
Secondary
23 3/8 x23
3/8 x 7/8
Charcoal
50/50 36 6 months or as required
HONEYCOMB
100%FILL 50/50
BLEND $6375.00
SERIAL 220122-S
KM FACILITY SERVICES LLC
MCSO Ballistics Lab
Building #1916 Exhaust Primary 24x24x2 30.00%Pleated 5 3 months or as required
MERV 8
PLEATED
FILTER $250.00
Secondary
24x24x11
1/2 89-95%Box 5 6 months or as required $1100.00
Durango Detention
Center
Building #1973
Negative
Pressure
Rooms Primary 24x24x2 30.00%Pleated 1 6 months or as required
MERV 8
PLEATED
FILTER $125.00
Secondary 24x24x12 99.99%HEPA 1 6 months or as required $600.00
PRICING SHEET: NIGP CODE 91004, 91036
Terms: 2% 10 DAYS NET 31 DAYS
Vendor Number: VC0000008726
Certificates of Insurance Required
Contract Period: To cover the period ending October 31, 2023.
SERIAL 220122-S
HVAC SYSTEM COIL, AIR HANDLER, DUCT, AND ASSOCIATED EQUIPMENT
CLEANING
1.0 INTENT
1.1 Maricopa County (County) is seeking one or more qualified contractors to provide cleaning
services for HVAC systems’ coils, ducts, air handlers, and associated equipment cleaning
services (i.e., fans, grills, registers, screens, etc.) located in Maricopa County buildings for
the Facilities Management Department, and other County departments, on an on-demand
basis. Contractor shall provide all parts, labor, materials, equipment, tools, and transportation
required to perform these services.
1.2 Other County departments may use this contract for HVAC systems’ coils, ducts, air
handlers, and associated equipment cleaning service. Facilities Management is not
responsible for contract administration for services requested by other County agencies.
1.3 Respondents to this solicitation shall identify fully burdened hourly rates for work within the
scope of this contract. Respondents will also respond with an hourly rate for work outside the
scope of this contract.
1.4 Contractor’s primary point of contact for work performed will be the Facilities Management
Department (FMD). Other County departments may use this contract, however FMD is not
responsible for payments for work performed under the direction of other County
departments.
1.5 Other governmental entities under agreement with Maricopa County may have access to
services provided hereunder (see also Sections 3.15 and 3.16 below).
1.6 The County reserves the right to add additional contractors, at the County’s sole discretion,
in cases where the currently listed contractors are of an insufficient number or skill-set to
satisfy the County’s needs or to ensure adequate competition on any project or task order
work.
1.7 County reserves the right to award this contract to multiple vendors. The County reserves
the right to award in whole or in part, by item or group of items, by section or geographic
area, or make multiple awards, where such action serves the County’s best interest.
2.0 SCOPE OF SERVICES
2.1 The contractor shall be responsible to perform the scope of services herein at various
Maricopa County building locations for the Facilities Management Department (FMD)
(locations of buildings managed by FMD can be found by visiting
https://www.maricopa.gov/2127/Facilities-Management, “Facilities We Manage”) and other
County departments on an on-demand basis, so as to ensure maximum airflow, heat
transfer, and energy conservation.
Contractor shall be responsible for cleaning HVAC coils, air handlers, ducts, including all
ancillary items and associated equipment (i.e., grills, registers, screens, etc.), and
associated equipment, including, but not limited to:
2.1.1 HVAC ducts
2.1.2 HVAC coils
2.1.3 Air handlers (walls, floors, and ceiling)
2.1.4 Vacuum activated valve boxes
2.1.5 Exhaust fan blowers
SERIAL 220122-S
2.1.6 Housings
2.1.7 Plenums
2.1.8 Mixing boxes
2.1.9 Humidifiers and dehumidifiers
2.1.10 Fans and fan housings
2.1.11 Turning vanes
2.1.12 Air wash units
2.1.13 Evaporators
2.1.14 Condensation pans
2.1.15 Condensate drain lines
2.1.16 Dampers
2.1.17 Related piping
2.1.18 Piping insulation replacement
2.1.19 Air handler duct and insulation replacement
2.1.20 Filter frame ducts
2.1.21 Contractor shall vacuum and/or wash, using a non-caustic solution, all intake
screens, intake and exhaust air louvers, registers, supply and return grills, exhaust
grills, and fan housing scrolls. Contractor may use bristle or wire brushing, but care
must be taken not to scratch painted services. Contractors shall be responsible to
remove all grillwork for cleaning, and for subsequent reinstallation of same.
2.1.22 All ducts shall be cleaned in accordance with National Air Duct
Cleaners Association (NADCA) Assessment, Cleaning & Restoration (ACR) 2013
prescribed methods and procedures.
2.1.23 Inaccessible Ducts
2.1.23.1 Contractor shall create a service opening in the system to accommodate
cleaning of ducts that are too small or difficult to access only if there are
no other alternatives. If opened, the opening in the duct shall then be
covered by a panel of an equivalent sheet metal gauge or higher,
mechanically fastened with screws and sealed with gaskets, duct
sealant, mastic or tape, in such a manner as to ensure no leakage of air.
All sheet metal ductwork repairs must follow guidelines established by
Sheet Metal and Air Conditioning Contractors National Association
(SMACNA). Flexible duct shall not be opened and disconnected at both
ends for proper cleaning.
2.1.23.2 Supply grilles shall have a temporary filter (to be supplied by the
contractor) placed behind to trap contaminants that might be discharged
during cleaning. The temporary filters shall remain in place a minimum
of one week after contractor has completed the project. At that time,
contractor shall remove all temporary filters. Contractor discards,
SERIAL 220122-S
including temporary filters, shall be disposed of off of County property;
contractor’s trash is not to be placed into County trash bins.
2.1.23.3 Automatic and manual dampers shall be cleaned using same methods
as outlined above in Section 2.1.21. Any mechanical defects found shall
be reported to the County, in writing. All manual dampers shall be reset
in the exact position as the damper was set prior to cleaning.
2.1.23.4 Vacuum activated valve boxes shall be brushed, vacuumed, and/or
washed using a non-caustic solution.
2.1.24 Filter Frames
Contractor shall remove existing filters and clean all frames using brushing,
vacuuming, and/or washing, with non-caustic solution. Any damage found to filter
frames should be reported to the County. The County shall make a determination
whether the contractor shall reinstall the old filters or replace with new.
2.1.25 Cleaning Agents
2.1.25.1 All materials used for cleaning coils shall be Environmental Protection
Agency (EPA) and/or United States Department of Agriculture (USDA)
registered, and normal industry standard cleaning agents used. No
substitutions are allowed; no acids, caustics, or solvents shall be used
without prior specific approval, in writing, from the Facilities
Management Department (FMD). Safety Data Sheets (SDS) must be on
site during duration of the task being performed.
2.1.25.2 SDS sheets on all chemicals used must be supplied to the County prior
to job start. Additionally, each contractor must submit with their bid
package all SDS sheets for chemicals they plan to use in carrying out
the specifications herein.
2.1.26 PRESSURE CLEANING EQUIPMENT
2.1.26.1 All equipment used by the contractor is to be safe, clean, and used as
intended.
2.1.26.2 Contractor shall use pressure equipment in the coil cleaning operation
that has the capability of variable pressures, volumes, chemical
strengths, and that is supplied with hot water.
2.1.26.2.1 Pressure variables will be between the range of 150 PSI
and 5000 PSI. Variable volumes will include the range of
1/10 GPM through 7 GPM.
2.1.26.2.2 Variable chemical strengths used will be industry standard
for type of equipment being cleaned.
2.1.26.2.3 The cleaning equipment must be capable of operating at
distances of 600 feet from air handler coils.
2.1.27 STEAM CLEANING
2.1.27.1 Contractor shall clean coils using industry-cleaning methods, such as
low or high-pressure hot liquid cleaning products.
2.1.27.2 If a coil cannot be cleaned by these methods, a steam cleaning process
shall be used. Contractor may use an electric or gas-powered steam
machine with prior approval, in writing, by Facilities Management.
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2.1.28 Contractor must have the capability to use photo documentation via camera and
a fiber-optic borescope. Contractor shall use photography to verify duct and coil
conditions both before and after cleaning. The borescope shall be used for manual
inspections via a hole drilled into the duct should a department require on-site
verification of cleaning. Proof of ownership or availability of such equipment shall
accompany bid package.
2.1.29 Work shall be scheduled by the contractor with the Facilities Management
Department (FMD) staff (or other using department staff) to ensure all cleaning
operations do not interfere with normal building operations.
2.1.30 All service work performed by contractor shall be to a professional standard, and
susceptible to FMD (or other County agencies) staff inspection. Documentation,
through an audit and feedback system of contract administration shall be used in this
contract, by the County departments.
2.1.31 In the event the work performance of the contractor is unsatisfactory, the contractor
will be notified by the County and be given one day to correct the work. Labor for
all re-work will be at no cost to the County. Should the contractor fail to correct the
work to the County’s satisfaction, the County reserves the right to make other
arrangements to have the work completed, and the cost of such work shall be
offset from any monies due the contractor. Costs of such work that exceed the
amount of monies due the contractor shall be the responsibility of the contractor
and shall billed to the contractor.
2.1.32 HEPA AND OTHER SPECIALTY FILTERS
2.1.32.1 Contractor shall obtain pre-authorization from the Regional
Maintenance Supervisor of FMD for all work related to
cleaning/replacement/removal of HEPA and other specialty filters
prior to any commencement of work to ensure that the occupants
of the building are notified and the negative air pressure system is
not compromised.
2.1.32.2 Contractor MUST contact the Duty Plant Operator in the boiler
room at 602-506-3310 for every service upon arrival and notify them
that they will be turning off equipment that may go into alarm and
again notify the Duty Plant Operator at time departure.
2.1.32.3 Contractor shall clean filter racks and remove construction debris
from County property for disposal at the end of each workday.
2.1.32.4 Contractor shall place all used HEPA and other specialty filters into
bags at the point of origin. The contractor shall be responsible for
proper disposal of filters.
2.1.32.5 Contractor shall provide their employees all appropriate personal
protection equipment (PPE) while conducting the filter exchange
and baggage of HEPA and other specialty filters for disposal. All
recommended guidelines and applicable regulations shall be
adhered to including Occupational Safety and Health
Administration (OSHA) and the American Society of Heating,
Refrigerating and Air-Conditioning Engineers
(ASHRAE). Appropriate PPE shall include hooded and footed
TYVEK type suits, neoprene gloves, safety glasses, and half-faced
reusable respirator with at minimum #P100 particulate filters.
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2.1.32.6 Contractor shall conduct the access, removal and replacement of
the HEPA and other specialty filters within the negative pressured
clean rooms and not in the presence of County employees unless
County employees have appropriate PPE as indicated in section
2.1.32.4.
2.1.32.7 If filters are located within a specific air handler room that is
adjacent to air handlers feeding other parts of the facility, those
additional (non-HEPA filtered) air handlers must be turned off
during the access, removal and replacement of HEPA and other
specialty filters and turned back on following work activities.
2.2 It is the contractor’s responsibility to inform FMD (or other using agency) of any updates to
electrical panels; therefore, the contractor shall label and identify all electrical components
and shall put the newly updated panel schedule(s) inside the modified electrical panel. The
new schedule will be dated (MM/DD/YYYY) and the existing schedule shall remain in the
panel behind the new schedule.
2.3 DETENTION FACILITIES SERVICES REQUIREMENTS
2.3.1 Contractors may be required to provide services to detention facilities. Contractors
should be aware to use caution when servicing a detention facility:
2.3.1.1 Contractor’s service vehicle shall be secured and locked whenever a
technician is not in a vehicle or accessing materials, tools, and or
equipment from a vehicle.
2.3.1.2 Contractor’s technicians must, at all times, monitor and account for any
and all tools taken into a detention facility.
2.3.1.3 Contractor may be required to provide services in detention facilities in
stages rather than in whole due to the nature of the facility. Contractor
shall take this into consideration when preparing a quote for detention
facility services.
2.4 WORK OUTSIDE THE SCOPE
Work outside the scope includes any work not normally performed in the scope of this
solicitation and that can be performed by the prime contractor. If a subcontractor is used,
apply mark-up as indicated in Section 2.13 - Allowable Pass-Through Costs with Mark-Up
Under Time and Materials Work. Work outside the scope includes, but is not limited to,
duct repair or patching, fan blade cleaning/repair/replacement, and filter replacement.
2.5 PERFORMANCE REQUIREMENTS
2.5.1 Unless pre-approved by FMD, all work shall be performed by one service
technician. If needed, contractor may dispatch a helper (laborer) to aid the
technician. Any additional technicians or helpers needed for a specific job must be
pre-approved by the County. The invoice shall be notated with pre-approval, for
example, “extra technician pre-approved by [person’s name].”
2.5.2 Contractor shall not make any changes to the equipment specifications, method of
fabrication, or other requirements without the express prior written consent of the
County. Any proposed changes shall be presented to the assigned County contact
prior to the change taking effect (contact information will be provided on purchase
orders).
2.5.3 Contractor shall utilize only original equipment manufacturer (OEM) parts, as
recommended by the equipment manufacturer, for replacement or repair, and use
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only those materials obtained from and/or recommended by the equipment
manufacturer(s) unless otherwise pre-approved in writing by the County.
2.5.4 Contractor shall coordinate all work schedules with the County before beginning
any work which requires a utility outage or outage of equipment. Outages shall be
arranged with the County in advance, if possible, and such work shall only be
performed during County-approved times. The County must be notified
immediately of any unanticipated outage and if any equipment is mistakenly taken
out of service.
2.6 REPLACEMENT OR OVERHAUL OF EQUIPMENT
2.6.1 Equipment that has reached obsolescence or that is in need of replacement or
overhaul shall be evaluated by the contractor and a written price estimate shall be
presented to the County. The County may or may not approve the work, dependent
on budgets and priorities, or may request competitive bids. If approved, existing
equipment shall be replaced with new equipment, or, with County approval, shall
be overhauled.
2.6.2 The County reserves the right to utilize its own sources for the purchase of new
equipment or individual components. If the County exercises this right, the
contractor may be given the opportunity to install these items.
2.7 CONTRACTOR QUALIFICATIONS
2.7.1 Contractor shall have all required licensing necessary to perform the scope of
services specified herein, including, but not limited to, those required by the State
of Arizona, Registrar of Contractors. Proof of such shall be provided at time of bid,
and shall be maintained throughout the term of this contract.
2.7.2 Contractor must be a certified member of the NADCA. Additionally, contractor must
have at least one staff employee who is NADCA certified as a NADCA Air System
Cleaning Specialist (ASCS).
2.7.3 Contractor must meet all Federal EPA and Occupational Safety and Health
Administration (OSHA) guidelines (if any) in the proper handling and disposal of
special waste or contaminated materials generated by services rendered.
2.7.4 Contractor and technicians performing work as identified in the specifications
herein must have a thorough understanding of HVAC coil, air handler, and duct
systems.
2.7.5 Required Experience
2.7.5.1 Contractor shall have a minimum of five years of experience performing
the work listed in the Scope of Services. Proof of such must accompany
the bid packet.
2.7.5.2 Contractor’s firm must be in business HVAC service a minimum five
years, and completely familiar with the specified requirements and
methods needed for proper performance of this contract. Proof of such
must accompany the bid packet and will be inspected prior to award.
2.7.5.3 Contractor shall be factory authorized or able to perform full
maintenance, repairs, cleaning, and installations for all HVAC ducts, air
handlers, coils, and associated equipment utilized in the performance of
this contract.
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2.7.5.4 Contractor(s) shall employ a minimum of five technicians, unless
otherwise negotiated with the County, who are qualified to perform all
work and to adequately service Maricopa County facilities. Contractor's
technical staff must shall have the following qualifications, and proof of
such shall accompany the bid packet:
2.7.5.4.1 Be thoroughly trained, with a minimum of five years’
experience performing the work listed in the Scope of
Services.
2.8 CONTRACTOR REQUIREMENTS
2.8.1 Contractor(s) must maintain a minimum of five adequately stocked service
vehicles, unless otherwise negotiated with the County; the service truck fleet shall
carry sufficient supply of all tools and equipment needed to perform routine duct
and coil cleaning service, including but not limited to, cleaning brushes, cleaning
agents, pressure washers, steam cleaning equipment, and vacuum equipment.
Proof of such must accompany the bid packet and truck fleet may be inspected
prior to award.
2.8.2 Contractor’s service truck fleet and/or warehouse shall carry sufficient supply of
repair parts and equipment to perform services per the scope of services
presented.
2.8.2.1 Contractor shall have a local shop and/or warehouse that stocks
supplies in order to keep their trucks supplied daily. As part of the
County’s due diligence, these requirements may be verified by FMD via
a formal inspection prior to bid award.
2.8.3 Contractor shall submit evidence of ability to provide and maintain, during the
entire period of this contract, all labor, supervision, materials, tools, and equipment
sufficient in number, condition, and capacity to efficiently perform the work and
render the services required by this contract.
2.8.4 Contractor shall provide evidence of appropriate labor and supervision by listing
personnel and their qualifications in Attachment E – Personnel Qualifications.
Attachment E shall accompany the bid packet and shall be maintained throughout
the contract.
2.8.5 Contractor shall provide evidence of their ability to furnish equipment and
personnel by providing, with their bid packet, a listing of major tools, vehicles,
equipment using Attachment F – Vehicle and Equipment Listing. Attachment F
shall accompany the bid packet and shall be maintained throughout the contract.
2.8.6 Contractor(s) shall provide pricing for owned or rented special tools and equipment
that may be necessary, above and beyond the tools of the trade necessary for the
performance of this contract, on Attachment D – Pricing Sheet.
2.8.6.1 “Tools of the trade” are generally considered to be vehicles, tools, and
equipment (e.g., hand tools, power tools, pickup trucks, vans, ladders,
scaffolding, etc.) that are normally used in the course and scope of the
contractor’s business and that should be a part of a qualified contractor’s
inventory. Costs related to the acquisition, use, or maintenance of tools
of the trade should be included as a part of the contractor’s
fully‐burdened hourly labor rates and are not, under any circumstances,
to be separately or directly billed to County under this contract.
2.8.6.2 “Special tools and equipment” are considered to be tools and equipment
(e.g., cranes, towed air compressors, dumpsters with associated tipping
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fees, etc.) that are not typically maintained in a contractor’s inventory,
but that are leased/rented to be used when needed for a specific
project/job.
2.8.7 Contractor shall be responsible for obtaining and transporting equipment to and
from the job site. In this regard, the contractor shall:
2.8.7.1 Ensure that its employees that are assigned to perform the work carry
their own tools of the trade or are provided with tools normally carried by
the trade on the job site.
2.8.7.2 Arrange for lease or rental of any special tools and equipment needed
to perform the work.
2.8.7.2.1 Charges for lease or rental of special tools and equipment
with associated mark‐up may be directly billed to County
provided that the contractor clearly identifies these items in
advance, on Attachment D – Pricing Sheet, as a part of
their proposal to perform the work.
2.8.7.2.2 Charges for lease or rental of special tools and equipment
with associated mark‐up that have not been identified in
advance as a part the contractor’s bid on Attachment D –
Pricing Sheet may not, under any circumstances, be
separately or directly billed to County under this contract,
unless prior approval, in writing, has been provided by the
County.
2.8.7.3 Ensure that all vehicles, tools, and equipment used in performing the
scope of services herein are appropriately licensed, as applicable, are
in good operating condition, capable of rendering efficient, economical,
and continuous service, and are equipped with necessary and required
safety devices in accordance with State and Federal laws. While the
County reserves the right to inspect any equipment for compliance with
these requirements regarding condition, this does not relieve the
contractor of the obligation to furnish conforming equipment. If any
equipment is found to be deficient or non‐conforming, the County shall
so notify the contractor who shall immediately take action to place the
equipment in good operating condition at his own expense. If the
contractor does not take corrective action within a reasonable time, the
County may require the immediate removal and replacement of the
deficient equipment at the contractor’s expense.
2.8.8 Contractor shall perform the work in such a way as to minimize disruption to the
normal operation of the County site and building occupants.
2.8.9 Upon completion of work, contractor shall clean and remove from the job site all
disturbances (e.g., loose dirt, dislocated gravel, removed vegetation, footprints, old
asphalt/concrete, etc.), debris, materials, and equipment associated with the work
performed. County property shall be restored to the same condition as prior to start
of the job.
2.8.9.1 If, upon County inspection, it is found that the contractor failed to
adequately clean up the site (meaning to the County’s satisfaction) after
work has been performed, the County will notify the contractor and the
contractor will have 24 hours to clean. Should the contractor fail to clean
a site to the County’s satisfaction, the County reserves the right to make
other arrangements to have the area cleaned, and the cost of such work
shall be offset from any monies due the contractor. Costs of such work
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that exceed the amount of monies due the contractor shall be the
responsibility of the contractor and shall billed to the contractor.
2.8.10 Contractor shall perform all services in such a manner that County property is not
damaged.
2.8.10.1 In the event damage occurs to County property or any adjacent property
due to any services performed under this contract, the contractor shall
immediately notify the County representative about the damages and
shall replace or repair the same at no cost to the County within 48 hours
of notifying the County, or by a deadline approved by the County.
2.8.10.2 If damage caused by the contractor has to be repaired or replaced by
the County, the cost of such work shall be deducted from the monies
due the contractor. Costs of such work that exceed the amount of
monies due the contractor shall be the responsibility of the contractor
and shall billed to the contractor.
2.8.11 Contractor shall utilize only experienced, responsible, and capable people in the
performance of the work. The County may require that the contractor remove from
the job covered by this contract, any employee who endangers persons or property
or whose continued employment under this contract is inconsistent with the interest
of the County.
2.8.12 Contractor(s) must have a business facility within 50 miles of 401 W. Jefferson
Street, Phoenix, AZ 85003.
2.8.13 The County may inspect contractor facilities prior to award and reserves the right
to make award based on the condition and quality of contractor facilities and
equipment.
2.8.14 Contractors bidding on this solicitation may request a site visit to determine
conditions that would affect prices and work performance. Contractors shall
schedule requested site visits by contacting the procurement officer listed in this
solicitation.
2.8.15 To avoid the potential transmission of COVID-19 in any County-owned or -leased
facilities, prior to entering, or when on any Maricopa County facility, property,
building, or structure, all contractors, their employees, and subcontractors may be
required to wear a face mask/face covering. Attendees who do not adhere to
County requirements may be prohibited from visiting County site(s) and/or from
entering County facilities, properties, buildings, or structures. The County is not
responsible for providing face masks or face coverings.
2.8.16 All vehicles used by contractor, including personal transportation vehicles, shall be
clearly identified with the name of the company on each side of the vehicle. The
letters shall be of such size that they are distinguishable at a reasonable distance.
2.8.17 All employees of the contractor shall wear a company uniform identified with the
company name/logo and consisting of a minimum of one of the following:
Shirt/blouse
Vest
Cap
2.8.18 Only authorized employees of the contractor are allowed on Maricopa County work
sites. Contractor’s employees are NOT to be accompanied in their work area by
acquaintances, family members, assistants, or any other person unless said
person is an authorized employee of the contractor.
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2.8.19 All work must comply with EPA, OSHA, and any state, County, or local regulations
in effect at each service location. Contractor shall adhere to all regulations, rules,
ordinances, and standards set by Federal, state, County, and municipal
governments pertaining to safety on the job site. If the contractor is found not to be
in compliance with Federal, state, County, and/or municipal safety rules,
ordinances, policy, procedure, or codes, the County may, in accordance with the
“Suspension of Work” clause of the contract, suspend the work without cost to the
County until such non-compliant issues are rectified to the satisfaction of the using
agency. Continued non-compliance may result in termination of the contract.
2.8.20 County may conduct audits and performance reviews throughout the term of a
contract to ensure contract compliance by the contractor.
2.9 HOURS OF SERVICE
2.9.1 Contractor may be required to provide telephone access 24 hours per day, 7 days
per week (24/7), 365 days per year, and respond to a call for services within 30
minutes of receipt of a service request received via phone or email.
2.9.2 Services shall be available 24/7, 365 days per year.
2.9.3 Contractor shall respond on-site to begin work within four hours of receipt of a
service request unless arrangements have been made for a later date/time with
the County per the work order or notice to proceed.
2.9.4 The four-hour response time for non-emergency calls shall carry over to the next
working day if called into contractor’s office after 2:00 p.m. MST. The contractor
will be required to begin work by 8:00 a.m. MST the following day.
2.9.5 Contractors shall respond to emergency service requests immediately and report
on-site to begin work within two hours of an emergency service call request
regardless of the day/time of day, weekend, or holiday.
2.9.5.1 Regular hours are between the hours of 6:00 a.m. and 6:00 p.m., MST,
Monday through Friday, excluding County holidays.
2.9.5.2 After hours are between the hours of 6:00 p.m. and prior to 6:00 a.m.,
MST, Monday through Friday.
2.9.5.3 Weekends are anytime on a Saturday or a Sunday.
2.9.5.4 Holidays are County holidays.
2.9.5.5 The Facilities Management Parts Warehouse is open for deliveries
between the hours of 7:00 a.m. to 3:00 p.m. MST, weekdays, except for
County holidays.
2.9.5.6 Due to the nature of work in public buildings, FMD will dictate during
what service hours the contractor shall provide services.
2.10 BUILDING ACCESS
2.10.1 The contractor may be provided access to County facilities at the discretion of
FMD. Keys, badges, or access cards will be provided per the following guidelines:
2.10.1.1 contractor employees may sign out a set of keys (all looped on a single
key ring) upon arrival at site, and must turn in the key set at the end of
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the day or after completion of duties (as arranged with the County)
unless they are issued a permanent key; or
2.10.1.2 permanent keys may be provided to contractor employees on a case-
by-case basis; or
2.10.1.3 badges or access cards may be provided to contractor employees for
access to the job site.
2.10.2 Should an employee leave the contractor’s workforce, contractor shall immediately
notify the County and all keys, badges, and access cards must be returned to the
County.
2.10.3 The contractor shall notify the County within 24 hours of discovery that any keys,
badges, or access cards are lost, misplaced, stolen, or otherwise not within the
contractor’s control.
2.10.4 Once this agreement is complete, expired, or terminated, the contractor shall
immediately return all keys, badges, or access cards to the County.
2.10.5 Failure to comply with these requirements may result in the contractor being
assessed the cost of replacing keys, badges, or access cards, and any associated
cost to ensure the security of County facilities including, but not limited to, re-keying
the entire building at the expense of the contractor.
2.11 TIME AND MATERIALS WORK, PROJECT WORK, AND PREVENTATIVE
MAINTENANCE
2.11.1 All work shall be completed as Time & Material (T&M) work or project work. T&M
and project work thresholds shall apply as outlined in the scope of this contract. If
the contract is awarded to a single vendor, all work priced below the T&M threshold
may be performed as T&M work as negotiated with the County, in which case project
work language will be removed at the time of contract award. Contract award to
multiple contractors will result in a call order (first, second, third, etc.) for T&M work.
The call order will be determined by respondents lowest average hourly pricing for
labor found in the bid responses on Attachment D – Pricing Sheet.
2.11.2 Contractor is responsible for confirming the appropriate billing method with the FMD
project manager (or other using department) prior to start of work.
2.11.3 A request for a price estimate does not imply that work may be billed as a project.
2.11.4 Time and Materials Work
2.11.4.1 Cost estimates for work, which will not constitute a firm fixed quote, may
be requested from contractors by County project managers. Work with
estimated costs below $10,000 may be performed either as T&M work
or may, at the County’s option, be bid among the contractors awarded
in the contract.
2.11.4.2 County reserves the right to adjust the $10,000 T&M threshold if such
adjustment is deemed to be in the County’s best interest.
2.11.4.3 Regardless of value, repairs may be completed under a T&M work
designation except when it is deemed in the County’s best interest to bid
among contractors awarded in the contract.
2.11.4.4 Contractor will price T&M services at the contractor’s “most favored
customer” pricing/discounts under similar conditions (e.g., order sizes,
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types, complexities, geographical regions, etc.). Contractors will provide
County with a full breakdown estimate of pricing prior to County issuance
of a work order/project number.
2.11.4.5 T&M hourly labor rates shall include all wages, indirect costs, overhead,
profit, coordination time, general and administrative expenses, and
profit. Fractional parts (15-minute intervals) of an hour shall be payable
on a prorated basis.
2.11.4.6 Contractor shall only bill County for actual hours worked. County shall
not pay for contractor’s travel or mobilization time, lunch breaks, traffic
delays, etc. Additionally, contractor shall not bill County for time spent
retrieving repair parts and equipment that contractor has failed to have
on hand when performing anticipated services per the specifications
herein, e.g., temporary filters for supply grilles.
2.11.4.7 All T&M work shall only require the County to issue a work order/project
number to a contractor as authorization to proceed. The work
order/project numbers shall be included on the vendor invoice.
2.11.4.8 Contractor must have availability for 24/7 emergency T&M response.
2.11.4.9 T&M repairs may take place in response to emergency calls.
2.11.5 Project Work
2.11.5.1 Project work shall mean work, which, in the best interest of the County,
would be more advantageous to be performed as "all inclusive,” as
opposed to T&M. The contractor assigned to this contract shall be
provided a request for project quote containing a detailed scope of work
or shall meet with the County agency, discuss what needs to be done,
and present the County with a written quote.
2.11.5.2 Project work shall be work that has been planned and has estimated
costs in excess of $10,000. The County reserves the right to adjust the
$10,000 project threshold if deemed in the County’s best interest.
2.11.5.3 Exceptions to the T&M/project work threshold shall be emergencies that
arise and must be dealt with immediately without the time for project
quotes.
2.11.5.4 County’s project quote sheet will contain the following information:
2.11.5.4.1 Contract serial number and name
2.11.5.4.2 Name and address of site
2.11.5.4.3 FMD site number
2.11.5.4.4 Detailed scope of work
2.11.5.4.5 Other information relative to the scope of work
2.11.5.4.6 Project start/finish timeline (optional)
2.11.5.4.7 Check box for “will quote” or “will not quote” the project
2.11.5.4.8 Signature line for both the County and the Contractor
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2.11.5.5 After site review of the project, all contractors listed under this contract
must submit the project quote sheet back to the requestor, either with
acceptance and a firm price, or indication that contractor declines the
project with a written reason as to why the project was declined.
Contractors who have declined project work a minimum of three times
during a six-month period shall be required to attend a meeting with the
Office of Procurement Services and FMD to discuss consideration for
default of contract, as this is indicative of the Contractor’s desire not to
do business with the County.
2.11.5.6 The submitted project price quote is to be all-inclusive. That is, any cost
overruns to be absorbed by the contractor, or cost savings to be
additional profit for the contractor. Exceptions to this are changes
requested by the County that incur higher project cost and longer delays.
All change order requests to a project must be in writing, referencing the
contract serial number, and must be approved by FMD (or by County
using agency requesting the change[s]) prior to any authorization to
proceed. The contractor who fails to acquire approved change orders in
writing runs the risk of incurring these additional costs without payment.
2.11.5.7 County may choose to negotiate with the contractor. The responding
contractor shall be required to submit all back-up documentation (line
item material costs, labor hours with rates, etc.) to the FMD project
manager (or County requesting agency) within three business days of a
request. This documentation shall include all subcontractor
documentation. If an agreement cannot be reached between the County
and the contactor, either party may terminate the discussions and the
County may seek to re-bid and/or deliver the project through other
procurement options.
2.11.5.8 Dependent upon the complexity/nature of the project, a predetermined
and/or pre-identified mandatory or optional site meeting may be held to
ensure all contractors are aware of important issues regarding the
project. Contractors who do not show-up to a mandatory site meeting
and who submit a project quote will be considered “non-responsive”.
2.11.5.9 Contractors will be compensated for additional work requested by the
County that is not detailed in the scope of work in a project quote using
the labor rates bid by the contractor on the pricing page only if such work
has been pre-approved, in writing, by the County. Contractors may not
be compensated for additional work performed that has not been pre-
approved, in writing, by the County.
2.11.5.10 Upon project completion, contractor will provide County with a closeout
package containing documents that County has identified in the in the
project bid. Requested documents may include, but are not limited to,
warranty letters, product list, operation and maintenance manuals, and
a vendor list.
2.11.5.11 Project Work Price Ceiling Limits
Projects shall not exceed $300,000.00 each. If an emergency occurs,
this price ceiling may be lifted if approved by the Office of Procurement
Services Procurement Officer assigned to this contract; otherwise, the
project may be separately bid outside of this contract document to
ensure the County receives adequate competition for such work.
2.12 TIME AND MATERIALS CONSUMABLES
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Contractor(s) must provide all equipment, consumable shop supplies (rags, cleaners,
solvents, gases, etc.), miscellaneous parts (screws, bolts, nuts, small items, etc.), and tools
necessary to perform all required services. Contractor(s) may be allowed a one-time
consumable charge of up to $25 per work order to cover these type of expenses, at the
County’s discretion. Anything beyond the $25 limit shall be provided at the contractor’s own
expense.
2.13 ALLOWABLE PASS-THROUGH COSTS WITH MARK-UP UNDER TIME AND
MATERIALS WORK
2.13.1 Authorized costs which are not listed on the pricing page shall be paid for by the
contractor and invoiced to the County. Supporting documents for any allowable
pass-through cost shall accompany each final invoice. All pass-through supporting
documents must be itemized for labor, materials, and taxes. The following fees will
be allowed a five percent administrative mark-up:
2.13.1.1 Use of subcontractors: The use of labor by subcontractors performing
any work not normally performed in the scope of providing cleaning
services for of HVAC duct, air handlers, fans, including all ancillary items
and associated equipment (i.e., grills, registers, screens, etc.), and that
cannot be performed by the prime contractor (e.g., plumbing, electrical,
structural, and rigging, etc.) and that may require specialized licensing
and/or certification.
2.13.1.1.1 Prime contractor shall be responsible for ensuring that
subcontractors have all proper documentation as required by
the County. Use of subcontractors requires prior written
approval from the County.
2.14 ALLOWABLE PASS-THROUGH COSTS WITH NO MARK-UP UNDER TIME AND
MATERIALS WORK
2.14.1 Equipment and tool leases/rentals for unique County requirements: Pricing will be
charged at the rate specified in the bidder response on Attachment D – Pricing
Sheet (per project or T&M job) with no mark-up.
2.14.1.1 Contractors shall receive prior approval from the County, in writing, for
tools or equipment rented or charged on a per use basis by contractors
while conducting County business.
2.14.1.2 Operating costs for rented equipment, which include a condition that
equipment only be operated by an employee of the rental company, are
allowable at the operator rate designated by the rental company.
Rental/Operating costs shall be paid by the contractor and invoiced to
the County with no mark-up.
2.14.1.3 Permits: Any permits related to the performance of County work shall be
obtained by the contractor. Permit costs shall be paid by the contractor
and invoiced to the County with no mark-up.
2.14.1.4 Dump fees: Any dump fees incurred by the contractor related to work
performed for the County shall be paid by the contractor and invoiced to
the County with no mark-up.
2.15 TRIP CHARGE
2.15.1 One-time trip charges of $50 (one charge per work order) are permitted when Time
and Materials work is requested at the following sites only:
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2.15.1.1 MCSO Lake Aid Stations (Apache, Bartlett, Blue Point, Canyon, and
Saguaro)
2.15.1.2 County offices located in Gila Bend, AZ
2.15.1.3 County offices located in Buckeye, AZ
2.15.1.4 County offices located in Aguila, AZ
2.15.2 Only one trip charge may be charged per service call.
2.15.3 If the contractor arrives onsite and is unable to locate a County representative
familiar with the work or unable to gain access to the work site, the Contractor may
only bill for a trip charge. The Contractor is not authorized to incur nor will the
County accept billing for any labor charges.
2.16 ABESTOS AND HAZERDOUS CONDITIONS ABATEMENT
2.16.1 Contractor shall notify the County immediately of any concerns regarding asbestos
or other hazardous conditions.
2.16.2 Any asbestos or other hazardous conditions discovered on the site that would
impact the repairs must be abated through a licensed asbestos (or other
hazardous condition) abatement contractor who must provide County with air
quality and disposal certificates. Abatement subcontracting can be coordinated
either by the contractor or the County.
2.17 DEAD END CHARGE
If the contractor is unable to locate a County representative familiar with scheduled work
or is unable to gain access to the work site, the contractor shall call the County Boiler Room
(602-506-3310). A boiler room technician will give the contractors further instruction at the
time work is to be performed. If the contractor is delayed or turned away after receiving
further instructions from the boiler room technician, a $50 building access trip charge will
be authorized by the County.
2.18 CANCELLATION COST
2.18.1 Any scheduled work cancelled without a minimum of 48 hours prior notice to the
County may be rescheduled with the contractor and is subject up to a 25 percent
reduction of the cost to the County.
2.18.2 If the contractor fails to show up as scheduled without contacting the County to
reschedule the work, or cancels without providing 24 hour notice, the contractor
may be subject to termination of this contract for default.
2.19 SALVAGE
Salvage and trade-in rights shall be evaluated on a project-by-project basis by the County
and shall be determined prior to incorporation in the contractor’s bid price. Salvageable
materials without pre-approved contractor salvage rights shall be securely stored and are
not to be transported off the site without written permission from the County. If contractor
is given salvage rights, salvageable materials shall be removed daily. On-site storage of
contractor’s salvaged materials is not permitted.
3.0 PURCHASING REQUIREMENTS
3.1 DELIVERY REQUIREMENTS
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3.1.1 Delivery shall be F.O.B. Destination Freight Prepaid.
3.1.2 Delivery is desired as soon as possible. Details shall be as stipulated on the
purchase order. It shall be the Contractor’s responsibility to meet the proposed
delivery requirements.
3.1.3 Contractor shall notify the County representative listed on the order if the
requested delivery date and/or the anticipated lead time cannot be met.
3.1.4 Failure to communicate to County changes in the order status may result in default
proceedings.
3.1.5 Delivery shall be made to the County no later than 3:00 p.m. MST before the fifth
calendar day after order is received unless prior arrangements have been made
and approved, in writing, by the County.
3.1.6 Exceptions to the delivery schedule will be special-order items that must be
identified by the contractor to the County and approved in writing by the County.
3.1.7 County reserves the right to obtain material on the open market in the event
vendors fail to make delivery of materials, and will charge any price differential to
the vendor.
3.1.8 Delivery will be made to the following address during the receiving hours of
7:00 a.m. - 3:00 p.m. MST during normal County business days:
FACILITIES MANAGEMENT DIVISION (FMD) WAREHOUSE
2401 S. 28th Dr.
Phoenix, AZ 85009
Warehouse Manager: 602-506-2501
Warehouse Specialist: 602-506-1935
3.2 SHIPPING TERMS
3.2.1 Bid price(s) and terms shall be F.O.B. Destination Freight Prepaid, to include all
freight delivery and unloading costs, by the most economical method, to the
County’s warehouse, or a different location(s) as stipulated on the purchase order,
or as agreed upon, in writing, between the contractor and the County. All delivery
locations are within Maricopa County.
3.2.2 Standard shipping of goods shall arrive within five business days of order
placement.
3.2.3 Shipping costs totaling less than $50 should be considered in the contractor’s
mark-up as bid in response to the contract solicitation. Shipments which contain
only County goods, and which cost $50 or more may be reimbursed to the
contractor as a pass-through cost with no mark-up when provided with the invoice
back-up documentation.
3.2.4 If the County determines that expedited delivery or other alternate shipping is
required, it shall notify the contractor. The contractor shall determine any additional
costs associated with such delivery terms and communicate that cost, in writing,
to the County as soon as costs are known.
3.2.5 The County shall not advise the contractor to proceed with an expedited shipment
until acceptable terms are agreed upon and a purchase order is issued. Upon
agreeing to the additional costs, the County shall advise the contractor to proceed.
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3.2.6 Upon receipt of material(s) and invoicing, the County shall ensure that any
additional charges are in compliance with, and do not exceed, agreed to costs.
The County shall retain all documents related to these costs within the agency
purchase file.
3.2.7 Contractor is responsible for shipping and handling fees related to returned items
when the items have been ordered by the contractor.
3.3 SHIPPING DOCUMENTS
A packing list or other suitable shipping document shall accompany each shipment and
shall include the following:
3.3.1 Contract serial number
3.3.2 Contractor’s name and address
3.3.3 Department name and address
3.3.4 Department purchase order number
3.3.5 A description of product(s) shipped, including item number(s), quantity(ies),
number of containers and package number(s), as applicable
3.4 OPERATING MANUALS
Upon delivery of services, contractor shall provide comprehensive instructional manuals,
operational manuals, service manuals, and schematic diagrams, if required by the
department.
3.5 INSTALLATION
Contractor shall be responsible to install and present for inspection all services and
equipment in a complete and ready-for-use condition with all components functioning,
cleaned and tested. Contractor’s price shall include delivery and installation of all
equipment in complete operating condition.
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3.6 ACCEPTANCE
Upon completion, services shall be deemed accepted and the warranty period shall begin.
Successful service delivery shall be defined as a) material(s)/equipment is installed (as
necessary) and fully operational; and b) the department has deemed all service/work
completed, including but not limited to any inspection, repair, installation, design,
development, deployment, operation, and initial training, (as applicable). Additionally, all
documentation shall be completed prior to final acceptance.
3.7 FACTORY AUTHORIZED SERVICE AVAILABILITY
The Contractor shall have and maintain a local factory authorized service facility within the
Phoenix, Arizona metropolitan area. The facility shall be capable of supplying and installing
component parts, troubleshooting, repairing and maintaining the material(s). Minimum
service hours for the facility shall be from 8:00 A.M. through 5:00 P.M., Arizona Time,
Monday through Friday.
3.8 WARRANTY
3.8.1 All services furnished under this contract shall conform to the requirements of this
contract.
3.8.2 Service and/or Repair Warranty
3.8.2.1 The warranty shall cover all parts and labor for a period of one year from
formal acceptance by the County. Any manufacturer warranty beyond
one year shall be passed on to the County.
3.8.2.2 Contractor shall indicate on the price sheet the duration of the warranty
and any applicable limitations or conditions which may apply.
3.8.2.3 Contractor agrees that it will, at its own expense, provide all labor and
parts required to remove, repair or replace, and reinstall any such
defective workmanship and/or materials which becomes or is found to
be defective during the term of this warranty. Contractor shall guarantee
the services to be supplied comply with all applicable regulations.
3.8.3 Project and/or New Installation Warranty
Project and/or new installation warranty shall cover all parts and labor for a period
of one year from formal acceptance by the County. Any manufacturer warranty
beyond one year shall be passed on to the County.
3.9 USAGE REPORT
Contractor shall furnish the County a usage report upon request delineating the acquisition
activity governed by the contract. The format of the report shall be approved by the County
and shall disclose the quantity and dollar value of each contract item by individual unit of
measure.
3.10 BACKGROUND CHECK
Bidders/proposers need to be aware that they may be required to pass multiple background
checks (e.g., Sheriff’s Office, County Attorney's Office, Courts, as well as County general
government) to determine if the respondent is acceptable to do business with the County.
This applies to, but is not limited to, the company, subcontractors, and employees. The
failure to pass these checks may deem the respondent non-responsible.
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3.11 INVOICES AND PAYMENTS
3.11.1 Payment terms will be calculated based on the date a properly completed invoice
is received by the County.
3.11.2 Contractors shall provide the County with invoices no later than 14 days after
services and delivery of goods are completed and accepted by the County
rendered final.
3.11.3 For Time & Material work, Contractor(s) must provide, at Contractor’s own
expense, all equipment, expendable shop supplies (rags, cleaners, solvents,
gasses, etc.), miscellaneous parts (screws, bolts nuts, small items etc.), tools, etc.
necessary to perform all the required services. This shall be all inclusive as “cost
of doing business” and as such, be included in the contracted labor rates.
3.11.4 Contractor shall submit one legible copy of their detailed invoice before payment(s)
will be made. Incomplete invoices will not be processed. At a minimum, the invoice
must provide the following information:
3.11.4.1 Company name, address, and contact information
3.11.4.2 County bill-to name and contact/requestor information
3.11.4.3 Building name and building number
3.11.4.4 County purchase order number (if applicable)
3.11.4.5 Contract serial or e-procurement platform agreement number (if
applicable)
3.11.4.6 Maximo (FMD) service call number
3.11.4.7 Work order/project number (if applicable)
3.11.4.8 Invoice number and date
3.11.4.9 Payment terms as stated in the agreement (if applicable)
3.11.4.10 Date of service or delivery (for project work: use “completion date”)
3.11.4.11 Arrival and completion time (if applicable)
3.11.4.12 Description of purchase (product or services)
3.11.4.13 Labor breakdown: rate per hour x no. of hours by personnel type
3.11.4.14 Material breakdown: itemized parts list to contain unit price x quantity,
indicating mark-ups as contracted)
3.11.4.15 Extended price
3.11.4.16 Expedited shipping cost (pre-approved by the County)
3.11.4.17 Freight (if applicable)
3.11.4.18 Total amount due with tax amounts separated (Time and Materials
work). (On a separate line, must clearly indicate the tax rate being
applied).
3.11.5 Time and material commodities must be billed as a separate line item on the
invoice.
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3.11.6 Billable Parts Pricing:
3.11.6.1 All parts sold to the County MUST be itemized and priced in one of two
formats:
3.11.6.1.1 priced separately as contractor’s cost, then cost +
percentage price (i.e., $25.00 [contractor’s cost] $30.00
[cost + percentage]); or
3.11.6.1.2 priced singularly (contractor’s cost + percentage, i.e.,
$30.00), with a statement at the bottom of invoice that
states “The above parts pricing reflects XX% over cost.”
3.11.6.2 County retains the right to refuse to pay for incorrectly invoiced parts until
correct invoicing is submitted by the contractor.
3.11.7 Invoicing for project work must contain:
3.11.7.1 Contract serial number
3.11.7.2 Purchase order number (if used)
3.11.7.3 Terms as bid
3.11.7.4 Description of work performed
3.11.7.5 Location of job site and FMD site number)
3.11.7.6 Project cost as quoted
3.11.7.7 Applicable construction tax if required (65% of retail tax rate)
3.11.7.8 Grand total
3.11.7.9 The project quote sheet and all change orders shall be attached to the
invoice
3.11.8 Invoicing that does not have all the required information as listed above, will be sent
back for corrections, delaying payment to the contractor.
3.11.9 Problems regarding billing or invoicing shall be directed to the department as listed
on the purchase order.
3.11.9.1 FMD questions regarding billing or invoicing should go to FMD accounts
payable (FMD-AccountsPayable@mail.maricopa.gov).
3.11.10 Payment shall only be made to the contractor by Accounts Payable through the
Maricopa County Vendor Express Payment Program. This is an Electronic Funds
Transfer (EFT) process. After contract award, the contractor shall complete the
Vendor Registration Form accessible through the County Department of Finance
Vendor Registration website at https://www.maricopa.gov/5169/Vendor-
Information.
3.11.11 Discounts offered in the contract shall be calculated based on the date a properly
completed invoice is received by the County.
3.11.12 EFT payments to the routing and account numbers designated by the contractor
shall include the details on the specific invoices that the payment covers.
Contractor is required to discuss remittance delivery capabilities with their
designated financial institution for access to those details.
3.12 PRICES
Contractor warrants that prices extended to County under this Contract are no higher than
those paid by any other customer for these or similar services.
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3.13 APPLICABLE TAXES
3.13.1 It is the responsibility of the contractor to determine any and all applicable taxes
and include those taxes in their proposal. The legal liability to remit the tax is on
the entity conducting business in Arizona. Tax is not a determining factor in
contract award.
3.13.2 The County will look at the price or offer submitted and will not deduct, add, or alter
pricing based on speculation or application of any taxes, nor will the County
provide contractor any advice or guidance regarding taxes. If you have questions
regarding your tax liability, seek advice from a tax professional prior to submitting
your bid. You may also find information at https://www.azdor.gov/Business.aspx.
Once your bid is submitted, the offer is valid for the time specified in this solicitation,
regardless of mistake or omission of tax liability. If the County finds over payment
of a project due to tax consideration that was not due, the contractor will be liable
to the County for that amount, and by contracting with the County agrees to remit
any overpayments back to the County for miscalculations on taxes included in a
bid price.
3.13.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, state,
and local taxes applicable to their operation and any persons employed by the
contractor. Contractor shall, and require all subcontractors to, hold the County
harmless from any responsibility for taxes, damages, and interest, if applicable,
contributions required under Federal and/or State and local laws and regulations,
and any other costs including transaction privilege taxes, unemployment
compensation insurance, Social Security, and Workers’ Compensation. Contractor
may be required to establish, to the satisfaction of County, that any and all fees
and taxes due to the City or the State of Arizona for any license or transaction
privilege taxes, use taxes, or similar excise taxes are currently paid (except for
matters under legal protest).
3.14 PERFORMANCE
It shall be the contractor’s responsibility to meet the proposed performance requirements.
The County reserves the right to obtain services on the open market in the event the
contractor fails to perform, and any price differential will be charged against the contractor.
3.15 POST AWARD MEETING
Contractor may be required to attend a post-award meeting with the department to discuss
the terms and conditions of this contract. This meeting will be coordinated by the procurement
officer of the contract.
3.16 STRATEGIC ALLIANCE for VOLUME EXPENDITURES (SAVE)
The County is a member of the SAVE cooperative purchasing group. SAVE includes the
State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified
school districts. Under the SAVE Cooperative Purchasing Agreement, and with the
concurrence of the successful respondent under this solicitation, a member of SAVE may
access a contract resulting from a solicitation issued by the County. If you do not want to
grant such access to a member of SAVE, state so in your bid. In the absence of a statement
to the contrary, the County will assume that you do wish to grant access to any contract
that may result from this bid. The County assumes no responsibility for any purchases by
using entities.
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3.17 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPAs)
County currently holds ICPAs with numerous governmental entities. These agreements
allow those entities, with the approval of the contractor, to purchase their requirements
under the terms and conditions of the County contract. It is the responsibility of the non-
County government entity to perform its own due diligence on the acceptability of the
contract under its applicable procurement rules, processes, and procedures. Certain
governmental agencies may not require an ICPA and may utilize this contract if it meets
their individual requirements. Other governmental agencies may enter into a separate
Statement of Work with the contractor to meet their own requirements. The County is not
a party to any uses of this contract by other governmental entities.
3.18 VOLUNTARY EMPLOYEE DISCOUNTS
3.18.1 Contractors may voluntarily offer discounts to County employees for products or
services provided under this contract. Whether a contractor offers or does not offer
an employee discount is not a factor considered in the evaluation of responses to
this solicitation.
3.18.2 Any discount offered is part of a commercial transaction between the contractor
and individual County employees and the County is not a party to the transaction.
Any disputes or issues arising from an individual commercial transaction between
the contractor and an individual County employee is a matter between the
contractor and the employee. If a discount is offered, the terms will be announced
to County employees.
4.0 CONTRACTUAL TERMS & CONDITIONS
4.1 CONTRACT TERM
This Invitation for Bids is for awarding a firm, fixed-price purchasing contract to cover a
term of two years.
4.2 OPTION TO RENEW
The County may, at its option and with the concurrence of the contractor, renew the term
of this contract up to a maximum of four additional years, (or at the County’s sole discretion,
extend the contract on a month-to-month basis for a maximum of six months after
expiration). Contractor shall be notified in writing by the Office of Procurement Services of
the County’s intention to renew the contract term at least 60 calendar days prior to the
expiration of the original contract term.
4.3 CONTRACT COMPLETION
In preparation for contract completion, the contractor shall make all reasonable efforts for
an orderly transition of its duties and responsibilities to another provider and/or to the
County. This may include, but is not limited to, preparation of a transition plan and
cooperation with the County or other providers in the transition. The transition includes the
transfer of all records and other data in the possession, custody, or control of the contractor
that are required to be provided to the County either by the terms of this agreement or as
a matter of law. The provisions of this clause shall survive the expiration or termination of
this agreement.
4.4 PRICE ADJUSTMENTS
4.4.1 All prices shall be held firm for the initial term of the contract unless otherwise
authorized in writing by the Office of Procurement Services.
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4.4.2 Any requests for reasonable price adjustments must be submitted 60 calendar
days prior to the contract expiration. Requests for adjustment in cost of labor
and/or materials must be supported by appropriate documentation. The
reasonableness of the request will be determined by comparing the request with
the Consumer Price Index or by performing a market survey. If County agrees to
the adjusted price terms, County will issue written approval of the change and
provide an updated version of the contract. The new change shall not be in effect
until the date stipulated on the updated version of the contract.
4.4.3 In the event any price increase is requested as the result of any tariff that becomes
effective during the performance of this contract, the County may adjust the price
based on a request from the contractor that documents the additional price
increase. If, during the performance of this contract, any tariff-related price
increase is subsequently reduced or eliminated, the vendor shall notify the County
of the decrease and shall apply it accordingly for remaining term of the contract. If
the County finds over payment of a project due to tariff reduction that was not due,
the contractor will be liable to the County for that amount, and by contracting with
the County agrees to remit any overpayments back to the County for
miscalculations on increases due to tariffs included in a bid price.
4.5 INDEMNIFICATION
4.5.1 To the fullest extent permitted by law, and to the extent that claims, damages,
losses, or expenses are not covered and paid by insurance purchased by the
contractor, the contractor shall defend, indemnify, and hold harmless the County
(as Owner), its agents, representatives, officers, directors, officials, and employees
from and against all claims, damages, losses, and expenses (including, but not
limited to attorneys' fees, court costs, expert witness fees, and the costs and
attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted
from, the negligent acts, errors, omissions, or mistakes relating to the performance
of this contract.
4.5.2 Contractor's duty to defend, indemnify, and hold harmless the County, its agents,
representatives, officers, directors, officials, and employees shall arise in
connection with any claim, damage, loss, or expense that is attributable to bodily
injury, sickness, disease, death, or injury to, impairment of, or destruction of
tangible property, including loss of use resulting therefrom, caused by negligent
acts, errors, omissions, or mistakes in the performance of this contract, but only to
the extent caused by the negligent acts or omissions of the contractor, a
subcontractor, anyone directly or indirectly employed by them, or anyone for
whose acts they may be liable, regardless of whether or not such claim, damage,
loss, or expense is caused in part by a party indemnified hereunder.
4.5.3 The amount and type of insurance coverage requirements set forth herein will in
no way be construed as limiting the scope of the indemnity in this section.
4.5.4 The scope of this indemnification does not extend to the sole negligence of County.
4.6 INSURANCE
4.6.1 Contractor, at contractor’s own expense, shall purchase and maintain, at a
minimum, the herein stipulated insurance from a company or companies duly
licensed by the State of Arizona and possessing an AM Best, Inc. category rating
of B++. In lieu of State of Arizona licensing, the stipulated insurance may be
purchased from a company or companies, which are authorized to do business in
the State of Arizona, provided that said insurance companies meet the approval of
County. The form of any insurance policies and forms must be acceptable to
County.
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4.6.2 All insurance required herein shall be maintained in full force and effect until all
work or service required to be performed under the terms of the contract is
satisfactorily completed and formally accepted. Failure to do so may, at the sole
discretion of County, constitute a material breach of this contract.
4.6.3 In the event that the insurance required is written on a claims-made basis,
contractor warrants that any retroactive date under the policy shall precede the
effective date of this contract and either continuous coverage will be maintained,
or an extended discovery period will be exercised for a period of two years
beginning at the time work under this contract is completed.
4.6.4 Contractor’s insurance will be primary insurance as respects County, and any
insurance or self-insurance maintained by County will not contribute to it.
4.6.5 Any failure to comply with the claim reporting provisions of the insurance policies
or any breach of an insurance policy warranty shall not affect the County’s right to
coverage afforded under the insurance policies.
4.6.6 The insurance policies may provide coverage that contains deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shall not be
applicable with respect to the coverage provided to County under such policies.
Contractor shall be solely responsible for the deductible and/or self-insured
retention and County, at its option, may require contractor to secure payment of
such deductibles or self-insured retentions by a surety bond or an irrevocable and
unconditional letter of credit.
4.6.7 The insurance policies required by this contract, except Workers’ Compensation
and Errors and Omissions, shall name County, its agents, representatives, officers,
directors, officials, and employees as additional insureds.
4.6.8 The policies required hereunder, except Workers’ Compensation and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation)
against County, its agents, representatives, officers, directors, officials, and
employees for any claims arising out of contractor’s work or service.
4.6.9 If available, the insurance policies required by this contract may be combined with
Commercial Umbrella Insurance policies to meet the minimum limit requirements.
If a Commercial Umbrella insurance policy is utilized to meet insurance
requirements, the Certificate of Insurance shall indicate which lines the
Commercial Umbrella Insurance covers.
4.6.9.1 Commercial General Liability
Commercial General Liability (CGL) insurance with a limit of not less
than $2,000,000 for each occurrence, $4,000,000 Products/Completed
Operations Aggregate, and $4,000,000 General Aggregate Limit. The
policy shall include coverage for premises liability, bodily injury, broad
form property damage, personal injury, products and completed
operations and blanket contractual coverage, and shall not contain any
provisions which would serve to limit third-party action over claims.
There shall be no endorsement or modifications of the CGL limiting the
scope of coverage for liability arising from explosion, collapse, or
underground property damage.
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4.6.9.2 Automobile Liability
Commercial/Business Automobile Liability insurance with a combined
single limit for bodily injury and property damage of not less than
$2,000,000 each occurrence with respect to any of the contractor’s
owned, hired, and non-owned vehicles assigned to or used in
performance of the contractor’s work or services or use or maintenance
of the premises under this contract.
4.6.9.3 Workers’ Compensation
4.6.9.3.1 Workers’ Compensation insurance to cover obligations
imposed by Federal and State statutes having jurisdiction of
contractor’s employees engaged in the performance of the
work or services under this contract; and Employer’s
Liability insurance of not less than $1,000,000 for each
accident, $1,000,000 disease for each employee, and
$1,000,000 disease policy limit.
4.6.9.3.2 Contractor, its subcontractors, and sub-subcontractors
waive all rights against this contract and its agents, officers,
directors, and employees for recovery of damages to the
extent these damages are covered by the Workers’
Compensation and Employer’s Liability or Commercial
Umbrella Liability insurance obtained by contractor, its
subcontractors, and its sub-subcontractors pursuant to this
contract.
4.6.9.4 Environmental/Pollution
Contractor shall maintain Commercial General Liability Insurance (CGL)
and, if necessary, Commercial Umbrella Insurance with a limit of not less
than $2,000,000 for each occurrence with a $4,000,000
Products/Completed Operations Aggregate and a $4,000,000 General
Aggregate Limit. The policy shall include coverage for bodily injury,
broad form property damage, personal injury, products and completed
operations, environmental and pollution damage, and blanket
contractual coverage including, but not limited to, the liability assumed
under the indemnification provisions of this contract.
4.6.9.5 Certificates of Insurance
4.6.9.5.1 Prior to contract award, contractor shall furnish the County
with valid and complete certificates of insurance, or formal
endorsements as required by the contract in the form
provided by the County, issued by contractor’s insurer(s),
as evidence that policies providing the required coverage,
conditions, and limits required by this contract are in full
force and effect. Such certificates shall identify this contract
number and title.
4.6.9.5.2 In the event any insurance policy(ies) required by this
contract is (are) written on a claims-made basis, coverage
shall extend for two years past completion and acceptance
of contractor’s work or services and as evidenced by annual
Certificates of Insurance.
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4.6.9.5.3 If a policy does expire during the life of the contract, a
renewal certificate must be sent to County 15 calendar days
prior to the expiration date.
4.6.9.5.4 Certificates of Insurance shall identify Maricopa County as
the certificate holder as follows:
Maricopa County
c/o Risk Management
301 W Jefferson St, Suite 910
Phoenix, AZ 85003
4.6.9.6 Cancellation and Expiration Notice
Applicable to all insurance policies required within the insurance
requirements of this contract, contractor’s insurance shall not be
permitted to expire, be suspended, be canceled, or be materially
changed for any reason without 30 calendar days prior written notice to
Maricopa County. Contractor must provide notice to Maricopa County,
within two business days of receipt, if they receive notice of a policy that
has been or will be suspended, canceled, materially changed for any
reason, has expired, or will be expiring. Such notice shall be sent directly
to Maricopa County Office of Procurement Services and shall be mailed
or hand delivered to 160 South 4th Avenue, Phoenix, AZ 85003, or
emailed to the procurement officer noted in the solicitation.
4.7 FORCE MAJEURE
4.7.1 Neither party shall be liable for failure of performance, nor incur any liability to the
other party on account of any loss or damage resulting from any delay or failure to
perform all or any part of this contract, if such delay or failure is caused by events,
occurrences, or causes beyond the reasonable control and without negligence of
the parties. Such events, occurrences, or causes include, but are not limited to
acts of God/nature (including fire, flood, earthquake, storm, hurricane, or other
natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is
declared or not), civil war, riots, rebellion, revolution, insurrection, military or
usurped power or confiscation, terrorist activities, nationalization, government
sanction, lockout, blockage, embargo, labor dispute, strike, and interruption or
failure of electricity or telecommunication service, and pandemic.
4.7.2 Each as applicable, shall give the other party notice of its inability to perform and
particulars in reasonable detail of the cause of the inability. Each party must use
best efforts to remedy the situation and remove, as soon as practicable, the cause
of its inability to perform or comply.
4.7.3 The party asserting Force Majeure as a cause for non-performance shall have the
burden of proving that reasonable steps were taken to minimize delay or damages
caused by foreseeable events, that all non-excused obligations were substantially
fulfilled, and that the other party was timely notified of the likelihood or actual
occurrence which would justify such an assertion, so that other prudent
precautions could be contemplated.
4.8 ORDERING AUTHORITY
Any request for purchase shall be accompanied by a valid purchase order issued by a
County department or directed by a Certified Agency Procurement Aid (CAPA) with a
purchase card for payment.
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4.9 AVAILABILITY OF FUNDS
4.9.1 The provisions of this contract relating to payment shall become effective when
funds assigned for the purpose of compensating the contractor as herein provided
are actually available to County for disbursement. The County will be the sole
judge and authority in determining the availability of funds under this contract.
County will keep the contractor fully informed as to the availability of funds.
4.9.2 If any action is taken by any state agency, Federal department, or any other agency
or instrumentality to suspend, decrease, or terminate its fiscal obligations under,
or in connection with, this contract, County may amend, suspend, decrease, or
terminate its obligations under, or in connection with, this contract. In the event of
termination, County will be liable for payment only for services rendered prior to
the effective date of the termination, provided that such services are performed in
accordance with the provisions of this contract. County will give written notice of
the effective date of any suspension, amendment, or termination under this
section, at least 10 days in advance.
4.10 PROCUREMENT CARD ORDERING CAPABILITY
County may opt to use a procurement card (VISA or Mastercard) to make payment for
orders under this contract.
4.11 INTERNET ORDERING CAPABILITY
It is the intent of Maricopa County to use the Internet to communicate and to place orders
under this contract.
4.12 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION
This contract does not guarantee any minimum or maximum purchases will be made.
Orders will only be placed under this contract when the County identifies a need and proper
authorization and documentation have been approved.
4.13 PURCHASE ORDERS
4.13.1 County reserves the right to cancel purchase orders within a reasonable period of
time after issuance. Should a purchase order be canceled, the County agrees to
reimburse the contractor for actual and documentable costs incurred by the
contractor in response to the purchase order. The County will not reimburse the
contractor for any costs incurred after receipt of County notice of cancellation, or
for lost profits, or for shipment of product prior to issuance of purchase order.
4.13.2 Contractor agrees to accept verbal notification of cancellation of purchase orders
from the County with written notification to follow. Contractor specifically
acknowledges to be bound by this cancellation policy.
4.14 SUSPENSION OF WORK
The procurement officer may order the contractor, in writing, to suspend, delay, or interrupt
all or any part of the work of this contract for the period of time that the procurement officer
determines appropriate for the convenience of the County. No adjustment shall be made
under this clause for any suspension, delay, or interruption to the extent that performance
would have been so suspended, delayed, or interrupted by any other cause, including the
fault or negligence of the contractor. No request for adjustment under this clause shall be
granted unless the claim, in an amount stated, is asserted in writing as soon as practicable
after the termination of the suspension, delay, or interruption, but not later than the date of
final payment under the contract.
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4.15 STOP WORK ORDER
4.15.1 The procurement officer may, at any time, by written order to the contractor, require
the contractor to stop all, or any part, of the work called for by this contract for a
period of 90 calendar days after the order is delivered to the contractor, and for
any further period to which the parties may agree. The order shall be specifically
identified as a stop work order issued under this clause. Upon receipt of the order,
the contractor shall immediately comply with its terms and take all reasonable
steps to minimize the incurrence of costs allocable to the work covered by the order
during the period of work stoppage. Within a period of 90 calendar days after a
stop work order is delivered to the contractor, or within any extension of that period
to which the parties shall have agreed, the procurement officer shall either:
4.15.1.1 cancel the stop work order; or
4.15.1.2 terminate the work covered by the order as provided in the Termination
for Default or the Termination for Convenience clause of this contract.
4.15.2 The procurement officer may make an equitable adjustment in the delivery
schedule and/or contract price, and the contract shall be modified, in writing,
accordingly, if the contractor demonstrates that the stop work order resulted in an
increase in costs to the contractor.
4.16 TERMINATION FOR CONVENIENCE
Maricopa County may terminate the resultant contract for convenience by providing 60
calendar days advance notice to the contractor.
4.17 TERMINATION FOR DEFAULT
4.17.1 The County may, by written Notice of Default to the contractor, terminate this
contract in whole or in part if the contractor fails to:
4.17.1.1 deliver the supplies or to perform the services within the time specified
in this contract or any extension;
4.17.1.2 make progress, so as to endanger performance of this contract; or
4.17.1.3 perform any of the other provisions of this contract.
4.17.2 The County’s right to terminate this contract under these subparagraphs may be
exercised if the contractor does not cure such failure within 10 business days (or
more if authorized in writing by the County) after receipt of a Notice to Cure from
the procurement officer specifying the failure.
4.18 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Notice is given that, pursuant to Arizona Revised Statute (A.R.S.) § 38-511, the County
may cancel any contract without penalty or further obligation within three years after
execution of the contract, if any person significantly involved in initiating, negotiating,
securing, drafting, or creating the contract on behalf of the County is at any time, while the
contract or any extension of the contract is in effect, an employee or agent of any other
party to the contract in any capacity or consultant to any other party of the contract with
respect to the subject matter of the contract. Additionally, pursuant to A.R.S. § 38-511, the
County may recoup any fee or commission paid or due to any person significantly involved
in initiating, negotiating, securing, drafting, or creating the contract on behalf of the County
from any other party to the contract arising as the result of the contract.
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4.19 OFFSET FOR DAMAGES
In addition to all other remedies at Law or Equity, the County may offset from any money
due to the contractor any amounts contractor owes to the County for damages resulting
from breach or deficiencies in performance of the contract.
4.20 SUBCONTRACTING
4.20.1 Contractor may not assign to another contractor or subcontract to another party
for performance of the terms and conditions hereof without the written consent of
the County. All correspondence authorizing subcontracting must reference the bid
serial number and identify the job or project.
4.20.2 The subcontractor’s rate for the job shall not exceed that of the prime contractor’s
rate, as bid in the pricing section, unless the prime contractor is willing to absorb
any higher rates. The subcontractor’s invoice shall be invoiced directly to the prime
contractor, who in turn shall pass-through the costs to the County, without mark-
up. A copy of the subcontractor’s invoice must accompany the prime contractor’s
invoice.
4.21 AMENDMENTS
All amendments to this contract shall be in writing and approved/signed by both parties.
Maricopa County Office of Procurement Services shall be responsible for approving all
amendments for Maricopa County.
4.22 ADDITIONS/DELETIONS OF SERVICES
The County reserves the right to add and/or delete services to a contract. If additional
services are required from a contract, prices for such additions will be negotiated between
the contractor and the County.
4.23 RIGHTS IN DATA
4.23.1 The County shall have the use of data and reports resulting from a contract without
additional cost or other restriction except as may be established by law or
applicable regulation. Each party shall supply to the other party, upon request, any
available information that is relevant to a contract and to the performance
thereunder.
4.23.2 Data, records, reports, and all other information generated for the County by a third
party as the result of a contract are the property of the County and shall be provided
in a format designated by the County or shall be and remain accessible to the
County into perpetuity.
4.24 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW
4.24.1 In accordance with section MC1-373 of the Maricopa County Procurement Code,
the contractor agrees to retain (physical or digital copies of) all books, records,
accounts, statements, reports, files, and other records and back-up documentation
relevant to this contract for six years after final payment or until after the resolution
of any audit questions which could be more than six years, whichever is latest. The
County, Federal or State auditors and any other persons duly authorized by the
department shall have full access to and the right to examine, copy, and make use
of, any and all said materials.
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4.24.2 If the contractor’s books, records, accounts, statements, reports, files, and other
records and back-up documentation relevant to this contract are not sufficient to
support and document that requested services were provided, the contractor shall
reimburse Maricopa County for the services not so adequately supported and
documented.
4.25 AUDIT DISALLOWANCES
If at any time it is determined by the County that a cost for which payment has been made
is a disallowed cost, the County shall notify the contractor in writing of the disallowance.
The course of action to address the disallowance shall be at sole discretion of the County,
and may include either an adjustment to future invoices, request for credit, request for a
check, or a deduction from current invoices submitted by the contractor equal to the amount
of the disallowance, or to require reimbursement forthwith of the disallowed amount by the
contractor by issuing a check payable to Maricopa County.
4.26 STRICT COMPLIANCE
Acceptance by County of a performance that is not in strict compliance with the terms of
the contract shall not be deemed to be a waiver of strict compliance with respect to all other
terms of the contract.
4.27 VALIDITY
The invalidity, in whole or in part, of any provision of this contract shall not void or affect
the validity of any other provision of the contract.
4.28 SEVERABILITY
The removal, in whole or in part, of any provision of this contract shall not void or affect the
validity of any other provision of this contract.
4.29 RELATIONSHIPS
4.29.1 In the performance of the services described herein, the contractor shall act solely
as an independent contractor, and nothing herein or implied herein shall at any
time be construed as to create the relationship of employer and employee, co-
employee, partnership, principal and agent, or joint venture between the County
and the contractor.
4.29.2 The County reserves the right of final approval on proposed staff. Also, upon
request by the County, the contractor will be required to remove any employees
working on County projects and substitute personnel based on the discretion of
the County within two business days, unless previously approved by the County.
4.30 NON-DISCRIMINATION
Contractor agrees to comply with all provisions and requirements of Arizona Executive
Order 2009-09, including flow down of all provisions and requirements to any
subcontractors. Executive Order 2009-09 supersedes Executive Order 99-4 and amends
Executive Order 75-5 and is hereby incorporated into this contract as if set forth in full
herein. During the performance of this contract, contractor shall not discriminate against
any employee, client, or any other individual in any way because of that person’s age, race,
creed, color, religion, sex, disability, or national origin. (Arizona Executive Order 2009-09
can be viewed at https://apps.azsos.gov/public_services/register/2009/46/governor.pdf).
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4.31 WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01
If vendor engages in for-profit activity and has 10 or more employees, and if this agreement
has a value of $100,000 or more, vendor certifies it is not currently engaged in, and agrees
for the duration of this agreement to not engage in, a boycott of goods or services from
Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a
regulation issued pursuant to 50 U.S.C. § 4842.
4.32 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
4.32.1 The undersigned (authorized official signing on behalf of the contractor) certifies
to the best of his or her knowledge and belief that the contractor, its current officers,
and directors:
4.32.1.1 are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from being awarded any
contract or grant by any United States department or agency or any
state, or local jurisdiction;
4.32.1.2 have not within a three-year period preceding this contract:
4.32.1.2.1 been convicted of fraud or any criminal offense in
connection with obtaining, attempting to obtain, or as the
result of performing a government entity (Federal, State or
local) transaction or contract;
4.32.1.2.2 been convicted of violation of any Federal or State antitrust
statutes or conviction for embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property regarding a
government entity transaction or contract;
4.32.1.3 are not presently indicted or criminally charged by a government entity
(Federal, State or local) with commission of any criminal offenses in
connection with obtaining, attempting to obtain, or as the result of
performing a government entity public (Federal, state or local)
transaction or contract;
4.32.1.4 are not presently facing any civil charges from any governmental entity
regarding obtaining, attempting to obtain, or from performing any
governmental entity contract or other transaction; and
4.32.1.5 have not within a three-year period preceding this contract had any
public transaction (Federal, State or local) terminated for cause or
default.
4.32.2 If any of the above circumstances described in the paragraph are applicable to the
entity submitting a bid for this requirement, include with your bid an explanation of
the matter including any final resolution.
4.32.3 Contractor shall include, without modification, this clause in all lower tier covered
transactions (i.e. transactions with subcontractors) and in all solicitations for lower
tier covered transactions related to this contract. If this clause is applicable to a
subcontractor, the contractor shall include the information required by this clause
with their bid.
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4.33 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS
4.33.1 By entering into the contract, the contractor warrants compliance with the
Immigration and Nationality Act (INA using E-Verify) and all other Federal
immigration laws and regulations related to the immigration status of its employees
and A.R.S. § 23-214(A). Contractor shall obtain statements from its subcontractors
certifying compliance and shall furnish the statements to the procurement officer
upon request. These warranties shall remain in effect through the term of the
contract. Contractor and its subcontractors shall also maintain Employment Eligibility
Verification forms (I-9) as required by the Immigration Reform and Control Act of
1986, as amended from time to time, for all employees performing work under the
contract and verify employee compliance using the E-Verify system and shall keep
a record of the verification for the duration of the employee’s employment or at least
three years, whichever is longer. I-9 forms are available for download at
www.uscis.gov.
4.33.2 The County retains the legal right to inspect documents of contractor and
subcontractor employees performing work under this contract to verify compliance
with paragraph 4.33.1 of this section. Contractor and subcontractor shall be given
reasonable notice of the County’s intent to inspect and shall make the documents
available at the time and date specified. Should the County suspect or find that the
contractor or any of its subcontractors are not in compliance, the County will consider
this a material breach of the contract and may pursue any and all remedies allowed
by law, including, but not limited to: suspension of work, termination of the contract
for default, and suspension and/or debarment of the contractor. All costs necessary
to verify compliance are the responsibility of the contractor
4.34 CONTRACTOR LICENSE REQUIREMENT
4.34.1 Contractor shall procure all permits, insurance, and licenses, and pay the charges
and fees necessary and incidental to the lawful conduct of his/her business, and
as necessary complete any requirements, by any and all governmental or non-
governmental entities as mandated to maintain compliance with and remain in
good standing. Contractor shall keep fully informed of existing and future trade or
industry requirements, and Federal, State, and local laws, ordinances, and
regulations which in any manner affect the fulfillment of a contract and shall comply
with the same. Contractor shall immediately notify both Office of Procurement
Services and the department of any and all changes concerning permits,
insurance, or licenses.
4.34.2 Contractor furnishing finished products, materials, or articles of merchandise that
will require installation or attachment as part of the contract shall possess any
licenses required. Contractor is not relieved of its obligation to obtain and possess
the required licenses by subcontracting of the labor portion of the contract.
Contractors are advised to contact the Arizona Registrar of Contractors, Chief of
Licensing, to ascertain licensing requirements for a particular contract. Contractor
shall identify which license(s), if any, the Registrar of Contractors requires for
performance of the contract.
4.35 INFLUENCE
4.35.1 As prescribed in MC1-1203 of the Maricopa County Procurement Code, any effort
to influence an employee or agent to breach the Maricopa County Ethical Code of
Conduct or any ethical conduct, may be grounds for disbarment or suspension
under MC1-902.
4.35.1.1 An attempt to influence includes, but is not limited to a person offering
or providing a gratuity, gift, tip, present, donation, money, entertainment
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or educational passes or tickets, or any type of valuable contribution or
subsidy that is offered or given with the intent to influence a decision,
obtain a contract, garner favorable treatment, or gain favorable
consideration of any kind.
4.35.2 If a person attempts to influence any employee or agent of Maricopa County, the
chief procurement officer, or his designee, reserves the right to seek any remedy
provided by the Maricopa County Procurement Code, any remedy in equity or in
the law, or any remedy provided by this contract.
4.35.3 ABSOLUTELY NO CONTACT BETWEEN THE RESPONDENT AND ANY
COUNTY PERSONNEL, OTHER THAN THE OFFICE OF PROCUREMENT
SERVICES, IS ALLOWED DURING THE SOLICITATION PROCESS UNLESS
THE COMMUNICATION IS IN REGARD TO PRE-EXISTING BUSINESS WITH
THE COUNTY. ANY COMMUNICATIONS REGARDING THE SOLICITATION,
ITS PARTICIPANTS, OR ANY DOCUMENTATION PRIOR TO THE CONTRACT
AWARD MAY BE GROUNDS FOR DISMISSAL OF THE RESPONDENT FROM
THE EVALUATION PROCESS.
4.36 CONFIDENTIALITY
In the course of the solicitation process, the County may disclose information that is
proprietary or confidential. By submitting a bid to the solicitation, the offeror agrees that,
except as necessary to prepare a response to this solicitation, neither it nor its agents or
employees will communicate, divulge, or disseminate to any third-party persons or entities,
any information that is disclosed to it by the County during the course of these discussions
without the express written authorization of the County. If the offeror does disclose County
proprietary or confidential information to a third-party in preparing a response to this
solicitation, it shall require the third-party to acknowledge and comply with this provision.
4.37 CONFIDENTIAL INFORMATION
4.37.1 Any information obtained in the course of performing this contract may include
information that is proprietary or confidential to the County. This provision
establishes the contractor’s obligation regarding such information.
4.37.2 Contractor shall establish and maintain procedures and controls that are adequate
to assure that no information contained in its records and/or obtained from the
County or from others in carrying out its functions (services) under the contract
shall be used by or disclosed by it, its agents, officers, or employees, except as
required to efficiently perform duties under the contract. Contractor’s procedures
and controls, at a minimum, must be the same procedures and controls it uses to
protect its own proprietary or confidential information. If, at any time during the
duration of the contract, the County determines that the procedures and controls
in place are not adequate, the contractor shall institute any new and/or additional
measures requested by the County within 15 business days of the written request
to do so.
4.37.3 Any requests to the contractor for County proprietary or confidential information
shall be referred to the County for review and approval, prior to any dissemination.
4.38 PUBLIC RECORDS
Under Arizona law, all offers submitted and opened are public records and must be
retained by the records manager at the Maricopa County Office of Procurement Services.
Offers shall be open to public inspection and copying after contract award and execution,
except for such offers or sections thereof determined to contain proprietary or confidential
information by the Office of Procurement Services. If an offeror believes that information in
its offer or any resulting contract should not be released in response to a public record
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request, under Arizona law, the offeror shall indicate the specific information deemed
confidential or proprietary and submit a statement with its offer detailing the reasons that
the information should not be disclosed. Such reasons shall include the specific harm or
prejudice which may arise from disclosure. The records manager of the Office of
Procurement Services shall determine whether the identified information is confidential
pursuant to the Maricopa County Procurement Code.
4.39 INTEGRATION
This contract represents the entire and integrated agreement between the parties and
supersedes all prior negotiations, proposals, communications, understandings,
representations, or agreements, whether oral or written, expressed, or implied.
4.40 UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this contract, the contractor agrees to comply with all applicable provisions
of Title 2, Subtitle A, Chapter II, Part 200—UNIFORM ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS contained in Title 2 C.F.R. § 200 et seq.
4.41 GOVERNING LAW
This contract shall be governed by the laws of the State of Arizona. Venue for any actions
or lawsuits involving this contract will be in Maricopa County Superior Court, Phoenix,
Arizona.
4.42 ORDER OF PRECEDENCE
In the event of a conflict in the provisions of this contract and contractor’s license
agreement, if applicable, the terms of this contract shall prevail.
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EXHIBIT B
TO
COOPERATIVE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
K. M. FACILITY SERVICES, LLC
[Quote or Work Order]
See following pages.
March 1, 2023
Steve Bartlett
Facilities Supervisor
Town of Fountain Hills
16705 E Ave of the Fountains
Fountain Hills, AZ 85268
Dear Steve,
As per our on-site survey conducted on 9/6/2022, KM Facility Services, LLC is
pleased to submit a quotation for the following:
(2) BAC Cooling Tower Restoration
Site Address:
16705 E Ave of the Fountains
Fountain Hills, AZ 85268
Specifications:
K. M. Facility Services, LLC shall furnish all labor, materials, equipment,
transportation, supervision, and other services necessary to accomplish the
work.
K. M. Facility Services, LLC shall keep the job area clean at the end of each work
shift.
K. M. Facility Services, LLC shall work at hours convenient to the Owner, this
work will be completed Monday thru Friday.
Workmen’s Compensation, General Liability and Property Damage Insurance
with a certificate of our coverage’s, which will match or exceed required limits,
shall be provided to the Owner.
Scope of Services:
1. KM Facility Services, LLC to follow OSHA regulations for safety.
2. Remove existing tower fill and dispose of.
3. Remove existing tower nozzles.
4. Sandblast Interior of the cooling tower.
5. Sandblast Cold Water basin.
6. Patch rusted surfaces with cold rolled steel in tower and hot water box.
7. Treat affected interior surfaces with a de-greasing/adhesion compound.
8. Paint 1 coat of Polyurea to interior of Tower and Hot Water Box.
9. Permitting up to 1 day for coatings to fully cure.
10. Install new tower fill.
11. Install new tower louvers.
12. Re-install nozzles.
13. Power wash exterior of tower.
14. Paint exterior of towers using direct to metal Grey.
15. Clean-up debris.
Cost Estimate:
To provide all labor, materials, equipment, transportation and supervision and all other
services necessary to accomplish the work.
Fill, drift eliminators, inlet louvers & shipping cost per tower $7,755.00
Tower prep, replace & clean-up per tower $16,000.00
Metal repair per tower $1,500.00
Polyuria coating per tower $3,500.00
Roll off dumpster per tower $1,000.00
Total Cost for 2 cell Tower Refurbishment = $59,510.00
Each tower is $29,755.00
Payment terms are Net 30 Days.
*Add 5% net 60 Days
*Add 10% net 90 Days
*Add 3% for Credit Card Payment
Thank you for this opportunity to work with Town of Fountain Hills. If you have any
questions, please feel free to call.
Sincerely,
Dave Little 623-696-6041 - Cell *Proposal Valid for 30 Days*