HomeMy WebLinkAboutC2020-014 - Precision Electric Co., Inc. Contract No.2020-014
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PRECISION ELECTRIC CO.,INC.
THIS COOPERATIVE PURCHASING AGREEMENT(this"Agreement") is entered into
as of July 8, 2019, between the Town of Fountain Hills, an Arizona municipal corporation (the
"Town"), and Precision Electric Co., Inc., an Arizona corporation (the"Contractor").
RECITALS
A. After a competitive procurement process,the City of Mesa(the"City')entered into
Agreement No. 2017236, dated November 6, 2017 (the "City Contract"), for the Contractor to
provide necessary staff, services and associated resources to provide the City with purchase and
repair/rewind of electric motors. A copy of the City Contract is attached hereto as Exhibit A and
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 City Contract, at its discretion and with the agreement of the awarded
Contractor, and the City 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 City Contract and this
Agreement, (ii) establishing the terms and conditions by which the Contractor may provide
necessary staff, services and associated resources to provide the City with purchase and
repair/rewind of electric motors (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 first set forth
above and shall remain in full force and effect until July 7, 2020 (the "Initial Term"), unless
terminated as otherwise provided in this Agreement or the City Contract. After the expiration of
the Initial Term, this Agreement may be renewed for up to four successive one-year terms (each,
a"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 City Contract has
not expired or has been 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
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one-year term and (iv) the Town approves the additional one-year term in writing (including any
price adjustments approved as part of the City 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 City Contract. The Town does
not guarantee 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 specific Materials and Services
to the Town in such quantities and configurations agreed upon between the parties, in a written
invoice, quote, materials order or other form of written agreement describing the materials to be
delivered (each, a "Materials Order"). Each Materials Order shall (i) contain a reference to this
Agreement and the Peoria Contract and(ii)be attached hereto as Exhibit B and incorporated herein
by reference. A Materials Order submitted without referencing this Agreement and the Peoria
Contract will be subject to rejection. Contractor acknowledges and agrees that a Materials Order
containing unauthorized exceptions, conditions, limitations, or provisions in conflict with the
terms of this Agreement, other than Town's project-specific requirements, is hereby expressly
declared void and shall be of no force and effect.
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 City 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 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 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 any work order within
a reasonable 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 the Town notice of cancellation, or for lost profits, shipment of product prior to
issuance of a work order or for anything not expressly permitted pursuant to this Agreement.
3. Compensation.The Town shall pay Contractor an amount not to exceed$49,999.99
for the Materials and Services at the rates set forth in the City Contract.
4. Payments. The Town shall pay the Contractor monthly,based upon acceptance and
delivery of Materials and/or Services performed and completed to date, and upon submission and
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approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the City
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 City
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," as that term is defined in ARIZ.
REV. STAT. § 35-393, of Israel.
8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to
ARIZ.REV.STAT. § 38-511.
9. 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.
10. 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
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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.
11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among
the terms of this Agreement, the City Contract, the Proposal, 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 City 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 City 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.
12. Rights and Privileges. To the extent provided under the City Contract, the Town
shall be afforded all of the rights and privileges afforded to the City and shall be the "City" (as
defined in the City Contract) for the purposes of the portions of the City Contract that are
incorporated herein by reference.
13. 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 the City to the extent provided under the City Contract, and such
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, empooyee 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.
14. Notices and Requests.Any notice or other communication required or permitted to
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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 E. Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Grady E. Miller, Town Manager
With copy to: Pierce Coleman PLLC
4711 E. Falcon Dr., Ste. 111
Mesa, Arizona 85215
Attn: Aaron D. Arnson, Town Attorney
If to Contractor: Precision Electric Co., Inc.
1822 E. Jackson St.
Phoenix, Arizona 85034
Attn: Steve Belt
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 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 APPEAR ON FOLLOWING PAGES]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
"Town"
TOWN OF FOUNTAIN HILLS,
an Arizona Municipal Corporation
Age, .41 •
-I. -.I" .41W .41111Mik 4C00.
Grady E. Miller ow Manager
ATTEST:
Elizabet . urke, Town Cle
APPROVED AS TO FORM:
. A n, Town Attorney
(ACKNOWLEDGEMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On r` � 4 ,2019,before me personallyappeared GradyE.Miller,the Town
I pp
Manager of the T WN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity
was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and
acknowledged that he signed the above document, on behalf of the Town of Fountain Hills.
1•.;i;,;, MAryME SAEoTN E �c _( Jzo
cM«Ami.O:P A roYsn
tart'Public
dr,►6 Expires July 11,2022
(Affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
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"Contractor"
PRECISION ELECTRIC CO., INC.,
an Arizona corporation
By:____, L--------- -D---
Name: Steven C. Belt
Its: Division Manager
(ACKNOWLEDGEMENT)
STATE OF 'Y Ionia )
) ss.
COUNTY OF `iIaX i0320, )
On JU� Ni , 2019, before me personally appeared S�e�� 0.. , the
}�\y\ \6n><'l w\ of PRECISION ELECTRIC CO., INC.,an Arizona corporation,whose identity
was proven to me on the basis of satisfactory evidence to be the person who he or she•claims to be,
and acknowledged that he or she signed the above document :n behalf of the corpora 'in. ,
.4:4 4r CHEYENNE NELSON
f ;, Notary Public-Arizona
Maricopa County
c' Commission#562233
Nota z ubl'
\I.. •*`. My Comm.Expires 02-06-2023
(Affix notary seal here)
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EXHIBIT A
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PRECISION ELECTRIC CO., INC.
[City Contract]
See following pages.
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AGREEMENT PURSUANT TOSOLICITATION
CITY 0FMESA AGREEMENT NUMBER 2017236
ELECTRUCNVOTORS- PURCHASEAND REPAIRS REWINDS
CITY OF MESA, Arizona ("Ciiy")
Deportment Name CityofMesa-Purohoomg Division
Mailing Address P.O. Box 14OO -------
Mesa, AZ 85211'1460___
Delivery Address 20 East Main St. Suite 400
. _ Maaa. AZ 85201
Attention Khsty Garcia, CPPB
Procurement Officer
E'Mai| Kristy.GaroiaCc�MesaAZ.qov_
Telephone (480)044'5052
Facsimile (480)644'2655
AND
PRECISION ELECTRIC CO, ("Contractor")
Mailing 1822E. Jackson St.
--- --' Phoenix' "A� 85034 --��
| ------------
RomithoAddress 1822E. Jackson St.
Phoenix, AZ 85O34________
Attention Todd Jordan, VPofOperations
E-Mail toddCcD,Precision e|ectrinnom__________
Telephone (602)252-2821
Facsimile (002)257'1497
2o1rzae Agreement-Precision Electric
Page 1orao
CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION
This Agreement pursuant to solicitation ("Agreement") is entered into this 6th day of November 2017, by
and between the City of Mesa, Arizona, an Arizona municipal corporation ("City"), and Precision Electric
Co., an Arizona corporation ("Contractor"). The City and Contractor are each a "Party"to the Agreement or
together are "Parties"to the Agreement.
RECITALS
A. The City issued solicitation number 2017236 ("Solicitation") for ELECTRIC MOTORS —
PURCHASE AND REPAIR / REWINDS, to which Contractor provided a response ("Response");
and
B. The City Selected Contractor's Response as being in the best interest of the City and wishes to
engage Contractor in providing the services/materials described in the Solicitation and Response.
In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good
consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the
following Terms &Conditions.
TERMS & CONDITIONS
1. Term. This Agreement is for a term beginning on November 7, 2017 and ending on November 6,
2020. The use of the word "Term" in the Agreement includes the aforementioned period as well as
any applicable extensions or renewals in accordance with this Section 1.
1.1 Renewals. On the mutual written agreement of the Parties, the Term may be renewed up
to a maximum of two(2) one(1)year periods. Any renewal(s)will be a continuation of the
same terms and conditions as in effect immediately prior to the expiration of the then-
current term.
1.2 Extension for Procurement Processes. Upon the expiration of the Term of this
Agreement, including any renewals permitted herein, at the City's sole discretion this
Agreement may be extended on a month-to-month basis for a maximum of six (6) months
to allow for the City's procurement processes in the selection of a Contractor to provide the
services/materials provided under this Agreement. The City will notify the Contractor in
writing of its intent to extend the Agreement at least thirty (30) calendar days prior to the
expiration of the Term. Any extension under this Subsection 1.2 will be a continuation of
the same terms and conditions as in effect immediately prior to the expiration of the then-
current term.
2. Scope of Work. The Contractor will provide the necessary staff, services and associated
resources to provide the City with the services, materials, and obligations attached to this
Agreement as Exhibit A("Scope of Work")Contractor will be responsible for all costs and expenses
incurred by Contractor that are incident to the performance of the Scope of Work unless otherwise
stated in Exhibit A. Contractor will supply all equipment and instrumentalities necessary to perform
the Scope of Work. If set forth in Exhibit A, the City will provide Contractor's personnel with
adequate workspace and such other related facilities as may be required by Contractor to carry out
the Scope of Work.
3. Orders. Orders be placed with the Contractor by either a: (i) Purchase Order when for a one-time
purchase; (ii) Notice to Proceed, or(iii) Delivery Order off of a Master Agreement for Requirement
Contract where multiple as-needed orders will be placed with the Contractor. The City may use
the Internet to communicate with Contractor and to place orders as permitted under this Agreement
2017236 Agreement—Precision Electric
Page 2 of 33
4. Document Order of Precedence. In the event of any inconsistency between the terms of the
body of the Agreement, the Exhibits, the Solicitation, and Response, the language of the
documents will control in the following order.
a. Agreement
b. Exhibits
1. Mesa Standard Terms &Conditions
2. Scope of Work/Technical Specifications
3. Other Exhibits not listed above
c. Solicitation including any addenda
d. Contractor Response
5. Payment.
5.1 General. Subject to the provisions of the Agreement, the City will pay Contractor a total
amount, including all companion Agreements, a not to exceed sum(s) of Two Hundred
Thousand Dollars ($200,000) annually for the completion of all the work and services
described herein, which sum shall include all costs or expenses incurred by Contractor,
payable as set forth in Exhibit B ("Pricing") attached hereto and made a part hereof by
reference.
5.2 Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term
except where otherwise provided in this Agreement, and include all costs of the Contractor
providing the materials/service including transportation, insurance and warranty costs. No
fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be
invoiced at prices higher than those stated in the Agreement.
The Contractor further agrees that any reductions in the price of the materials or services
covered by this Agreement will apply to the undelivered balance. The Contractor shall
promptly notify the City of such price reductions.
No price modifications will be accepted without proper request by the Contractor and
response by the City's Purchasing Division.
5.3 Price Adjustment. Any requests for reasonable price adjustments must be submitted in
accordance with this Section 5.3. Requests for adjustment in cost of labor and/or materials
must be supported by appropriate documentation. There is no guarantee the City will
accept a price adjustment therefore Contractor should be prepared for the Pricing to be
firm over the Term of the Agreement. The City is only willing to entertain price adjustments
based on an increase to Contractor's actual expenses or other reasonable adjustment in
providing the services/materials under the Agreement. If the City agrees to the adjusted
price terms, the City shall issue written approval of the change.
During the sixty (60) day period prior to Contract expiration date of the Agreement, the
Contractor may submit a written request to the City to allow an increase to the prices in an
amount not to exceed the twelve(12) month change in the Consumer Price Index for All
Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as
published by the U.S. Department of Labor, Bureau of Labor Statistics
(http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and
respond in writing; such response and approval shall not be unreasonably withheld.
5.4 Renewal and Extension Pricing. Any extension of the Agreement will be at the same
pricing as the initial Term. If the Agreement is renewed in accordance with Section 1,
pricing may be adjusted for amounts other than inflation that represent actual costs to the
Contractor based on the mutual agreement of the parties. The Contractor may submit a
request for a price adjustment along with appropriate supporting documentation
2017236 Agreement—Precision Electric
Page 3 of 33
demonstrating the cost to the Contractor. Renewal prices shall be firm for the term of the
renewal period and may be adjusted thereafter as outlined in the previous section. There
is no guarantee the City will accept a price adjustment.
5.5 Invoices. Payment will be made to Contractor following the City's receipt of a properly
completed invoice. Any issues regarding billing or invoicing must be directed to the City
Department/Division requesting the service or material from the Contractor. A properly
completed invoice should contain, at a minimum, all of the following:
a. Contractor name, address, and contact information;
b. City billing information;
c. City contract number as listed on the first page of the Agreement;
d. Invoice number and date;
e. Payment terms;
f. Date of service or delivery;
g. Description of materials or services provided;
h. If materials provided, the quantity delivered and pricing of each unit;
i. Applicable Taxes
j. Total amount due.
5.6 Payment of Funds. Contractor acknowledges the City may, at its option and where
available use a Procurement Card/e-Payables to make payment for orders under the
Agreement. Otherwise; payment will be through a traditional method of a check or
Electronic Funds Transfer(EFT) as available.
5.7 Disallowed Costs, Overpayment. If at any time the City determines that a cost for which
payment was made to Contractor is a disallowed cost,such as an overpayment or a charge
for materials/service not in accordance with the Agreement, the City will notify Contractor
in writing of the disallowance; such notice will state the means of correction which may be,
but is not limited to, adjustment of any future claim/invoice submitted by Contractor in the
amount of the disallowance, or to require repayment of the disallowed amount by
Contractor. Contractor will be provided with the opportunity to respond to the notice.
6. Insurance.
6.1 Contractor must obtain and maintain at its expense throughout the term of Contractor's
agreement, at a minimum, the types and amounts of insurance set forth in this Section 6
from insurance companies authorized to do business in the State of Arizona;the insurance
must cover the materials/service to be provided by Contractor under the Agreement. For
any insurance required under the Agreement, Contractor will name the City of Mesa, its
agents, representatives, officials, volunteers, officers, elected officials, and employees as
additional insured, as evidenced by providing either an additional insured endorsement or
proper insurance policy excerpts.
6.2 Nothing in this Section 6 limits Contractor's responsibility to the City. The insurance
requirements herein are minimum requirements for the Agreement and in no way limit any
indemnity promise(s)contained in the Agreement.
6.3 The City does not warrant the minimum limits contained herein are sufficient to protect
Contractor and subcontractor(s) from liabilities that might arise out of performance under
the Agreement by Contractor, its agents, representatives, employees, or subcontractor(s).
Contractor is encouraged to purchase additional insurance as Contractor determines may
be necessary.
6.4 Each insurance policy required under the Agreement must be in effect at or prior to the
execution of the Agreement and remain in effect for the term of the Agreement.
2017236 Agreement—Precision Electric
Page 4 of 33
6.5 Prior to the execution of the Agreement, Contractor will provide the City with a Certificate
of Insurance(using an appropriate"ACORD"or equivalent certificate)signed by the issuer
with applicable endorsements. The City reserves the right to request additional copies of
any or all of the policies, endorsements, or notices relating thereto required under the
Agreement.
6.6 When the City requires a Certificate of Insurance to be furnished, Contractor's insurance
is primary of all other sources available. When the City is a certificate holder and/or an
additional insured, Contractor agrees no policy will expire, be canceled, or be materially
changed to affect the coverage available without advance written notice to the City.
6.7 The policies required by the Agreement must contain a waiver of transfer rights of recovery
(waiver of subrogation) against the City, its agents, representatives, officials, volunteers,
officers, elected officials, and employees for any claims arising out of the work of
Contractor.
6.8 All insurance certificates and applicable endorsements are subject to review and approval
by the City's Risk Management Division.
6.9 Types and Amounts of Insurance. Contractor must obtain and retain throughout the
term of the Agreement, at a minimum, the following:
6.9.1 Worker's compensation insurance in accordance with the provisions of Arizona
law. If Contractor operates with no employees, Contractor must provide the City
with written proof Contractor has no employees. If employees are hired during
the course of this Agreement, Contractor must procure worker's compensations
in accordance with Arizona law.
6.9.2 The Contractor shall maintain at all times during the term of this contract, a
minimum amount of$3 million per occurrence/$5 million aggregate Commercial
General Liability insurance, including Contractual Liability. For General Liability
insurance, the City of Mesa, their agents, officials, volunteers, officers, elected
officials or employees shall be named as additional insured, as evidenced by
providing an additional insured endorsement.
6.9.3 Automobile liability, bodily injury and property damage with a limit of$1 million
per occurrence including owned, hired and non-owned autos.
7. Requirements Contract. Contractor acknowledges and agrees the Agreement is a requirements
contract; the Agreement does not guarantee any purchases will be made (minimum or maximum).
Orders will only be placed when the City identifies a need and issues a purchase order or a written
notice to proceed. The City reserves the right to cancel purchase orders or a notice to proceed
within a reasonable period of time of issuance; any such cancellation will be in writing. Should a
purchase order or notice to proceed be canceled, the City agrees to reimburse Contractor for any
actual and documented costs incurred by Contractor. The City will not reimburse Contractor for
any avoidable costs incurred after receipt of cancellation including, but not limited to, lost profits,
shipment of product, or performance of services.
8. Notices. All notices to be given pursuant to the Agreement will be delivered to the Contractor as
listed on Page 1 of this Agreement. Notice will be delivered pursuant to the requirements set forth
the Mesa Standard Terms and Conditions that is attached to the Agreement as Exhibit C.
2017236 Agreement—Precision Electric
Page 5 of 33
9. Representations of Contractor. To the best of Contractor's knowledge, Contractor agrees that:
a. Contractor has no obligations, legal or otherwise, inconsistent with the terms of the Agreement
or with Contractor's undertaking of the relationship with the City;
b. Performance of the services called for by the Agreement do not and will not violate any
applicable law, rule, regulation, or any proprietary or other right of any third party;
c. Contractor will not use in the performance of Contractor's responsibilities under the Agreement
any proprietary information or trade secret of a former employer of its employees (other than
City, if applicable); and
d. Contractor has not entered into and will not enter into any agreement, whether oral or written,
in conflict with the Agreement.
10. Mesa Standard Terms and Conditions. Exhibit C to the Agreement is the Mesa Standard Terms
and Conditions as modified by the Parties, which are incorporated by reference into the Agreement
as though fully set forth herein. In the event of any inconsistency between the terms of the
Agreement and the Mesa Standard Terms and Conditions, the language of the Agreement will
control. The Parties or a Party are referred to as a "party" or"parties" in the Mesa Standard Terms
and Conditions. The Term is referred to as the"term"in the Mesa Standard Terms and Conditions.
11. Counterparts and Facsimile or Electronic Signatures. This Agreement may be executed in two
(2)or more counterparts, each of which will be deemed an original and all of which, taken together,
will constitute one agreement. A facsimile or other electronically delivered signature to the
Agreement will be deemed an original and binding upon the Party against whom enforcement is
sought.
12. Incorporation of Recitals and Exhibits. All Recitals and Exhibits to the Agreement are hereby
incorporated by reference into the Agreement as if written out and included herein. In the event of
any inconsistency between the terms of the body of the Agreement and the Exhibits, the language
of the Agreement will control.
Exhibits to this Agreement are the following:
o (A)Scope of Work/Technical Specifications
o (B) Pricing
o (C) Mesa Standard Terms and Conditions
13. Attorneys' Fees. The prevailing Party in any litigation arising out of the Agreement will be entitled
to the recovery of its reasonable attorney's fees, court costs, and other litigation related costs and
fees from the other Party.
14. Additional Acts. The Parties agree to execute promptly such other documents and to perform
such other acts as may be reasonably necessary to carry out the purpose and int
ent of the
Agreement.
15. Headings. The headings of the Agreement are for reference only and will not limit or define the
meaning of any provision of the Agreement.
2017236 Agreement—Precision Electric
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By executing below, each Party acknowledges that it understands approves, and accepts all of the terms
of the Agreement and the attached exhibits.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
CITY OF MESA, ARIZONA PRECISION ELECTRIC CO.
By: By:
Printed Name Printed Name
Title Title
Date Date
REVIEWED BY:
By:
Kristy Garcia, CPPB, Procurement Officer
2017236 Agreement—Precision Electric
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EXHIBIT A
SCOPE OF WORK/TECHNICAL SPECIFICATIONS
1. BACKGROUND: The City's Water Resources Department currently has approximately three (3)
Water Reclamation Plants, One (1) Water Treatment Plant, Sixteen (16) Lift Stations, Five (5)
Transfer Stations, Sixteen (16) Pump Stations and Forty-Six (46)Well Sites.
2. SCOPE OF WORK: Qualified Contractor(s)shall perform motor repairs/rewinds and to furnish and
install various sizes of new motors needed throughout its facilities. Other Departments within the
City may also want to utilize the resulting contract.
A. Minimum Qualifications.
1) Contractors and any sub-contractors shall have a minimum of five (5) years of qualified
repair experience on the listed equipment. Sub-contractors must be licensed and bonded.
B. Contractors Personnel and Equipment.
1) The Contractors shall have a service facility fully equipped to repair and fabricate parts
as required for the size and type of equipment bid. The City reserves the right to make
at least one (1) annual on-site inspection of such contractor facilities (within twenty-four
(24) hour minimum notice) at its discretion.
2) The Contractors and/or subcontractors service facilities must be equipped with personnel
and equipment necessary to perform electromechanical repairs/rewinding to electric
motors per the established guidelines in EASA AR100-2006, Recommended Practice
for the Repair of Rotating Electrical Apparatus.
a) Provide a certificate or other proof of membership in good standing in the Electrical
Apparatus Service Association (EASA).
b) Provide personnel trained and properly equipped for confined space entry. (A letter
on Contractor's letterhead with the list of names and the certification dates of the
confined space entry training will be sufficient.)
3) Contractor's crew must be capable of communicating with the Contractor's main office
without leaving the job site, i.e. 2-way radio, cell phone, etc.
4) Contractor must have access to various sizes of cranes capable of lifting motors up to
500 HP and capable of long reach applications.
5) Contractor must be able to travel and provide these services within a fifty(50)mile radius
of Downtown Mesa (intersection of Center and Main).
6) Contractor shall have available the following facility/field equipment of sufficient size to
perform the services required:
a) Cleaning capability: power wash, steam cleaning, sandblasting
b) Welding equipment:
i. TIG: Tungsten inert gas
ii. WIG: Wolfram inert gas
iii. MIG: Metal inert gas
c) Metalizing torch
d) Dip tank of sufficient capacity
e) VPI System: Vacuum & Pressure Impregnation
f) Hydraulic bearing pullers
g) Dynamic balancing equipment and Vibration Analysis
h) Meg-ohm and Surge comparison testing specific to the motors being tested.
i) Lathes, milling machine, drill press of sufficient size
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j) Stator core loss tester of sufficient capacity
k) Temperature-regulated Bake/Burn-off oven of sufficient size
I) Class H insulating materials including epoxy or polyester resin of sufficient quantity
to treat new windings
m) Sufficient inventory of inverter-duty treated magnet wire
n) Hypotential tester of sufficient capacity
o) 460-volt test power supply to no load test run motors up 500 HP @ 460 VAC
p) 4160-volt test power supply to no load test run motors up 700 HP @ 4160 VAC
C. Supervision by the Contractor
1) The Contractor shall supervise and direct all site maintenance work.The Contractor shall
be solely responsible for the means, methods techniques, sequences and procedures of
maintenance as well as compliance with all applicable safety practices, codes, and
regulations.
2) The Contractor shall employ during the full term of the contract a qualified supervisor or
superintendent which shall have been designated in writing by the Contractor as their
authorized representative at the site. The supervisor shall have full authority to act on
behalf of the Contractor and all communications given to the supervisor shall be as
binding as if given to the Contractor. The supervisor shall be present on the site at all
times as required to perform adequate supervision and coordination if the work.
D. Contractor's Performance
1) All materials and workmanship provided to the City shall be of the highest industry
standard. Materials purchased by the City through this contract shall be new and subject
to inspection and approval by a City representative prior to delivery.
2) Contractor shall obtain all permits and licenses and pay all taxes, charges and fees
necessary to perform the services.
3) Contractor shall guarantee all work under this contract against defects of materials and/or
workmanship for a period of one (1) year from the completion date. Chemical agents
used shall be warranted for the labeled time period and shall not exceed the shelf time,
if applicable.
4) Contractor shall furnish all necessary supplies, labor, vehicles and equipment to perform
services. All supplies, labor, vehicles and equipment shall be compliant with the
specifications, terms and provisions set forth herein and shall be subject to random,
unannounced inspection by an individual designated by the City.
5) City shall not provide office or storage space for the Contractor's supplies, vehicles or
equipment.
E. Overhaul and Repair
1) All motor repairs and complete overhauls for the City will require new bearings regardless
of existing bearing conditions.
2) The minimum class of insulation shall be class "H" as specified by NEMA.
3) Stator rewind shall include clean, dip and bake.
4) Vacuum Pressure Impregnation (VPI) shall be included on motors 50 HP and above and
all Medium Voltage Motors.
5) All repaired or completely overhauled motors shall be cleaned and freshly painted with a
severe corrosion resistant coating equivalent to Corroduty or as recommended by the
manufacturer of the motor. Motor shall have a "like new" exterior appearance. Coatings
shall be applied in the same color as was on motor when it came in as motor color is
matched to pump color.
2017236 Agreement—Precision Electric
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6) All repaired or completely overhauled motors shall have a separate metal tag screwed or
riveted next to the manufacturer's I.D. metal plate with the Contractor's name, address,
phone number and date of motor repair.
7) Various departments will deliver(or the Contractor will pick-up at the City's discretion)intact
motors to the repair facility and the Contractor will disassemble them.
8) Upon completion and before delivery is taken on a motor overhaul or rewind, the motor or
stator will be certified as surge comparison tested for winding condition and
interrelationship.
F. Estimates for Repairs
1) Prior to the Contractor performing any repair work, the Contractor will be required to
provide the City a written report including condition of equipment, recommended repairs
and cost of repairs. Where necessary, and with prior written approval, the Contractor will
be allowed to remove and disassemble the equipment prior to providing the City written
estimates.
2) Estimates must be provided within twenty-four (24) hours of the Contractor receiving the
motor.
3) Downtime is a critical factor for the City's pumps; therefore, the motor repair, overhaul
and/or rewind time is a critical factor. Maximum motor repair time shall not exceed seven
(7)working days for the City; this includes the time taken to provide an estimate.
4) In some cases, the City will require expedited service and motor repair time shall not
exceed four (4) working days when requested, including the time taken to provide an
estimate.
5) If the motor repair cost exceeds 60%of the cost of a new motor,the City reserves the right
to replace the motor rather than repair it. The City reserves the right to make a
determination at any time during the repair process to replace the motor with a new one,
depending upon the situation.
6) No additional costs other than for the tear down and the estimate will be charged to the
City if the motor is not repaired. All non-repaired motors and parts will be returned to the
City(upon request).
G. Pick-up and Delivery
1) Contractor shall be responsible for pick-up and delivery of all motors when and where
requested by the City. The Contractor shall perform all pick-up or delivery within twenty-
four(24) hours of notification by the City.
2) Pick-up and delivery shall be F.O.B. Destination, Freight Prepaid to and from various City
locations.
3) Contractor shall offer over-the-counter service for those City locations that do not request
pick-up or delivery of the motors.
4) The Contractor may be requested to pick-up a disassembled motor. Alternatively,
disassembled motors may also be delivered to the Vendor.
H. Lock Out/Tag Out
1) Contractor shall describe their Lock-Out/Tag-Out Program including the amount and
frequency of training for all employees.
2) The Contractor is responsible for the lock out/tag out of all electrical equipment affected by
the work. The Contractor's personnel will be responsible for notifying City site staff, and
disconnecting/reconnecting equipment as required during the course of the site work.
3) Contractor shall strictly enforce OSHA lock out/tag out procedures. Initial infractions shall
result in a warning; additional infractions may result in contract cancellation.
2017236 Agreement—Precision Electric
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I. Disinfection
1) The Contractor shall be responsible for cleaning and disinfection of City potable water
equipment prior to and during installation in conformance with the minimum requirements
of the Maricopa County Department of Environmental Services for potable water facilities.
The Contractor shall protect all potable water piping from any and all potential sources of
contamination.
J. Cleanup
1) The Contractor shall clean, repaint / recoat and restore all pipe work and equipment
disturbed or damaged as a result of their work to match the existing paint and/or coatings.
Any damage caused by the Contractor to site appurtenances, structures, and perimeter
fencing shall be restored to pre-construction conditions. Site landscaping, including
decomposed granite or aggregate surfacing, shall be restored to pre-construction
condition.
2) After all work under the Contract has been completed, the Contractor shall remove all
debris, spoils, unused materials, temporary structures, and construction equipment from
the site.
K. Protection of Excavations or Partially Finished Work
1) The Contractor shall properly identify, isolate, and protect all excavations or partially
finished work, and shall be responsible for the same until the entire contract is completed.
L. Dumping and Disposal of Waste
1) The Contractor shall provide for and facilitate the safe disposal of all contaminated waste
products, hazardous materials, construction debris, etc., at on off-site location authorized
and designed for such materials, any disposal/dumping of waste products or unused
materials shall conform to applicable federal, state and local regulations. Copies of
regulated materials disposal documentation shall be provided to the City.
3. RESPONSE TIMES
A. Emergency response time for City equipment, motors, and other equipment at wells, sewage
lift stations, treatment plants, and booster stations shall be with in twelve (12) hours after
notification.
B. Emergency motor repairs must be completed within twenty-four (24) hours of notification to
proceed.
C. Normal non-emergency response time and warranty response time for City repairs shall be
within seventy-two (72) hours after notification.
4. REPLACEMENT PARTS AND EQUIPMENT
A. The City may choose to purchase replacement and new motors from the Contractor. The price
to be paid to the Contractor by the City will be billed at vendor cost + a percentage of cost.
Awarded vendor shall furnish their invoice from manufacturer as proof of cost.
B. The City reserves the right to purchase motors directly from the manufacturer or from other
vendors if it is in the City's best interest to do so.
C. If Contract is awarded to more than one Contractor, motors and installation may be
competitively quoted among the awarded vendors to achieve deeper discounts.
D. The Contractor may be required to provide written pricing for repair parts on specific jobs prior
to the City authorizing purchase of the parts.
E. The City reserves the right to supply spares from its current inventory.
5. VIBRATION ANALYSIS. Repairs performed under this contract shall be subject to analysis by
vibration monitoring equipment and must comply with the original manufacturers minimum
specifications. The City may also require Onsite Balancing, Meggar Testing, and Alignment
Services.
2017236 Agreement—Precision Electric
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6. WARRANTY.
A. Contractor shall warrant that all equipment and parts furnished as new under this contract are
newly manufactured and free from defects in material and workmanship for no less than one
(1)year from the date the equipment is delivered.
B. Contractor shall warrant that all rebuilt or repaired equipment and parts furnished under this
contract meet manufacturer's specifications and are free from defects in material and
workmanship for no less than one (1) year from the date the equipment is delivered.
C. Warranty shall include accepted trade standards of quality, fitness for the intended uses, and
conformance to promises or specified specifications. No other express or implied warranty shall
eliminate the Vendor's liability as stated herein.
D. Contractor shall warrant that all labor involved in the rewind and repair of electric motors and
associated equipment for no less than one (1) year from the date the equipment is delivered.
This includes, but is not limited to, general, welding and machine work labor.
7. ADDITIONAL / DELETED LOCATIONS AND EQUIPMENT. The City reserves the right to add
new or delete inactive sites and equipment like those referenced in this Agreement.
8. PURCHASES AND ORDER RELEASES.
A. Offer will be accepted and executed by the City by issue of Service Contract that will document
the term of the agreement.
B. Order(s) for services pursuant to the executed agreement will be made by City by issue of
Delivery Order(s). The Delivery Order(s) will be furnished to Contractor via facsimile, e-mail,
mail, or telephone. If the Delivery Order is given verbally, the City Department that issued the
Delivery Order will transmit a confirming Delivery Order document to the Contractor within five
(5) workdays of the date the verbal Delivery Order is given. Contractor is prohibited from
supplying materials or services pursuant to the resulting agreement that are not documented
or authorized by a Delivery Order at the time of provision. The Contractor agrees that the City
accepts no responsibility regarding this agreement for control or payment for materials or
services not documented by a City Delivery Order.
C. The Contractor agrees to establish, monitor, and manage an effective agreement
administration process that assures compliance with all requirements of the agreement. The
respondent agrees that they shall not provide goods or services in excess of the executed
agreement items, item quantity, item amount, or agreement amount without prior written
authorization by agreement revision properly executed and issued by the City. Any items
provided in excess of that stated in the agreement shall be at the Respondent's own risk.
Respondents shall decline verbal requests to deliver items in excess of the agreement.
9. ACCEPTANCE OF SERVICES.Acceptance of the services shall be made by the City Department
designated on the issued Delivery Order in accordance with this agreement.Acceptance is required
prior to commencement of payment terms.
10. COMPENSATION AND PAYMENT
A. Contractor shall submit Request(s) for Payment/Invoices to the location and entity defined by
the City's Delivery Order. All Invoice documents shall reference the City's Delivery Order
number under which the services were ordered and shall include a written description of the
services performed. The number of hours of labor and, if necessary, machine work required to
repair the item must also be shown on the invoice along with the flat rate per hour for each
repaired motor.
B. ALL Invoice line items shall identify items by part number, description, quantity, unit of measure
and price for each item provided. Contractor shall provide evidence of purchased price for all
repair parts to be marked up. Contractor shall provide a firm quote for all purchased repair parts
and receive a written confirmation from the City before ordering. Parts to be fabricated by
2017236 Agreement—Precision Electric
Page 12 of 33
contractor shall be quoted before use in repairs for City of Mesa. No markups will be paid on
delivery charges for parts shipped to Contractor or for unauthorized outside labor
C. Standard payment terms are net thirty (30) days from the date of valid invoice document and
shall not commence until Contractor's Invoice is received and verified by City Financial
Operations. The Water Resources Department has an email set up for Invoice Submission.
This speeds up the payment process. Contractors are requested to use
WaterAcctsPayableMesaAZ.GOV to submit invoices.
D. Unless otherwise stipulated by this agreement or the City's order, all pricing shall be F.O.B.
Destination & Full Freight Allowed ("F.O.B. Destination"), delivered to and unloaded at the
destination(s) defined by the Delivery article of this agreement or accepted Order for services
or products and all freight cost shall be included in the offered Unit Price. Although State and
City sales tax are paid when applicable and invoiced, taxes should not be included in the unit
price.
E. Price Warranty - Seller shall give the City benefit of any price reduction before actual time of
shipment. Sellers agree that all pricing given includes all costs required to conduct aggressive
and active cost control and reduction activities.
F. No guarantee is made regarding actual orders issued for items or quantities during the term of
the agreement.The City shall not be responsible for Contractor inventory or order commitment.
G. Unit Prices offered shall include all incidentals and associated costs required to comply with
and satisfy all requirements referred to or included in this solicitation which includes the
Instructions to Bidders, Standard Terms and Conditions and Offer Agreement. No payments
will be made for items not included in the agreement.
11. MULTIPLE AWARDS. To assure that any ensuing contracts will allow the City to fulfill current and
future requirements, the City reserves the right to award contracts to multiple companies. The
actual utilization of any contract will be at the sole discretion of the City. The fact that the City may
make multiple awards should be taken into consideration by each potential contractor.
12. TECHNICAL SPECIFICATIONS.
SECTION 22 05 13
Induction Motors
PART 1 GENERAL
1.1 SUMMARY
A. Section Includes:
1. Guidelines for design and manufacture of low and medium voltage vertical
squirrel cage induction motors.
2. Work governed by these specifications includes manufacture, testing and
delivery of equipment constructed in accordance with the requirements
presented herein.
3. Items not addressed by these specifications include, but are not limited to:
a. Unloading and installation.
b. All external connections.
B. Related Sections:
1. Section 00 00 00—Specification Title.
2017236 Agreement—Precision Electric
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1.2 REFERENCES
A. All equipment shall be fabricated, assembled and tested in accordance with the most
current applicable standards as defined by the following institutions:
1. Anti-Friction Bearing Manufacturers'Association (AFBMA)
2. American National Standards Institute (ANSI)
3. Institute of Electrical and Electronic Engineers (IEEE)
4. National Electrical Code (NEC)
5. National Electrical Manufacturers'Association (NEMA)
6. Underwriters' Laboratories (UL)
1.3 SUBMITALLS
A. Product Data: Include the following:
1. Preliminary Dimension Print and Frame Size.
2. Approximate Motor Weight.
3. Complete Motor Nameplate Information.
4. Motor Manufactures Complete Pre-submittal or Information Package
5. Motor Performance Data, including the following:
a. Guaranteed minimum efficiencies at 100%, 75% and 50% of full load.
b. Guaranteed minimum power factor at 100%, 75% and 50% of full load.
c. Locked Rotor Current.
d. Full Load Current.
e. Starting Torque.
f. Full Load Torque.
g. Breakdown Torque.
6. Complete Description of Testing Facilities.
7. Jobsite Storage Requirements.
B. Required within six (6)weeks of receipt of Order
1. Certified Dimension Prints
2. Recommended Spare Parts List with Pricing
C. Required with motor upon shipment
1. Operation and Maintenance Manuals
2. Connection Diagrams
3. Test Reports as Specified
D. Manufacturer's Installation Instructions: Include mounting details.
1.4 QUALIFICATIONS
A. Manufacturer: Company specializing in manufacturing products specified in this section
with minimum three years documented experience.
1.5 COORDINATION
A. Provide coordination for the manufacturers recommended rating for power factor
correction capacitors when required.
2017236 Agreement—Precision Electric
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1.6 WARRANTY
A. Furnish minimum one-year manufacturer's warranty for supplied equipment.
PART 2 PRODUCTS
2.1 VERTICAL SQUIRREL CAGE INDUCTION MOTOR
A. Manufacturers:
1. U.S. Motors TITAN line
2. Toshiba
3. G E
B. General:
1. Motors shall be capable of withstanding all normal forces, which may be imposed
upon them during the course of normal operation, including starting and normal
stops.
2. Motors shall be suitable for across-the-line starting and shall be able to start and
accelerate the connected load to full load speed with 90% of rated voltage at the
motor terminals.
3. When powered from a variable frequency drive (VFD):
a. Motors shall be inverter duty and specifically selected for service with a
VFD type speed controller.
b. Shall be derated as required to compensate for harmonic heating effects
and reduced self-cooling capability at low speed operation.
c. Each motor shall not exceed a Class B temperature rise when operating
in the installed condition at load with power received from the VFD.
d. All motors driven by VFDs shall be supplied with full phase insulation on
the end turns and shall meet the requirements of NEMA MG 1, Part 31.
In addition to the requirements of NEMA MG 1, Part 31, motors shall be
designed to be continually pulsed at the motor terminals with a voltage of
1600 volts AC.
e. Bearing protection rings shall be provided for VFD driven motors >100
horsepower to reduce the effects of electrical discharge machining
(EDM). The bearing protection ring shall be a maintenance free,
conductive micro fiber, shaft grounding ring installed on the drive end of
the motor shaft.
f. VFD driven motors >100 horsepower shall have one insulated bearing
installed on the non-drive end with a bearing protection ring installed on
the opposite drive.
4. Motors shall be capable of continuous operation at full load and rated frequency
with a voltage variation of+10%.
5. Motors shall be capable of continuous operation at full load and rated voltage
with a frequency variation of+5%.
6. Motor starting current shall not exceed a value equal to 650% of the motor full
load current.
7. Motor installation in hostile environments subject to corrosive atmospheric
conditions shall meet the IEEE 841 standards.
2017236 Agreement—Precision Electric
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8. When specified motors shall be equipped with non-reverse ratchets.
C. Enclosure:
1. Motors shall be furnished with one of the following enclosure types based on the
location of installation and the specific requirements for each motor.
a. Weather Protected, Type I (WP-I)
b. Weather Protected, Type II (WP-II)
c. Totally Enclosed, Fan Cooled (TEFC)
d. Totally Enclosed, Class I, Group D, Division 1 Explosion-proof(XP)
e. Openings on all Weather Protected designs shall be covered with metal
guard screens having a mesh size no larger than'/z inch square.
1) Weather Protected Type I motors shall be designed to protect
internal components from falling water and debris at angles up to
100 degrees from vertical.
2) When specified, Weather Protected Type II designs shall be
furnished with removable, cleanable and reusable air filters over
intake air openings.
2. Enclosures shall be of fabricated steel or cast iron construction in accordance
with the manufacturer's standard design. Canopy caps shall be of aluminum, cast
iron or sheet metal and shall be easily removable for maintenance purposes.
3. Motors to be installed in locations where moisture may collect shall be furnished
with drain openings and plugs. In the case of Explosion-proof motors, drains and
breathers shall be furnished and shall be of the type approved by U.L.
D. Stator Construction:
1. Stator laminations shall be of fully processed steel. Each lamination surface shall
be given the necessary treatment so as to have core plate type C-5 insulation.
2. Stator windings for system voltages above 600 volts shall be form wound of
rectangular copper magnet wire. Aluminum magnet wire is not acceptable.
Individual coils shall be insulated with mica bearing tape prior to insertion. Coil
extensions shall be blocked and braced sufficiently to minimize movement during
normal starting and running conditions at full rated voltage.
E. Insulation:
1. Insulation system shall be Class B or better.
2. Insulation systems shall receive a minimum of two vacuum pressure
impregnation treatments using a 100% solids epoxy resin.
3. When specified, a completely sealed insulation system shall be supplied. This
system shall be capable of passing the NEMA MG1-20.48 water immersion test.
4. When specified, motors to be rated for variable frequency drive applications shall
meet NEMA MG-1 Part 31 dated 1993. The insulation system shall be warranted
for a minimum of 3 years' operation on VFD power which shall not be limited by
maximum cable length restrictions.
5. Temperature rise shall not exceed the limits defined by NEMA for Class B
insulation systems while operating at nameplate horsepower, frequency and
voltage.
6. In the case of a particular rating where a Class F temperature rise is required,
motors shall be furnished with Class F or better insulation.
2017236 Agreement—Precision Electric
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F. Rotor Construction:
1. Rotors shall be of cast or fabricated aluminum in accordance with manufacturer's
standard design.
G. Bearings:
1. Bearings supplied shall be of type and size sufficient to satisfy thrust loading
requirements for each motor in accordance with manufacturer's standard design.
Bearings shall be rated for an in-service B-10 life of 8,800 hours. Bearings shall
be no less quality than an ABEC 3 classification and shall be top tier level such
as SKF, FAG or Timken.
2. Thrust Bearings
a. Motors shall be designed and constructed with thrust bearings on top to
allow inspection and/or replacement without requiring complete
disassembly of motor.
b. Thrust bearings shall be deep-groove ball, angular contact ball or
spherical roller type. Bearings mounted back-to-back or in tandem are
acceptable and may be furnished when required according to
manufacturer's standard design.
c. High thrust design motors shall be supplied with angular contact ball
bearings whenever possible and in accordance with manufacturer's
standard design.
d. Where thrust requirements restrict the use of angular contact bearings,
spherical roller bearings shall be furnished.
1) When required, motors furnished with spherical roller bearings
shall also be provided with a system of coils in the oil reservoir
for the circulation of cooling water.
2) Spherical roller bearings shall be spring loaded to keep the lower
bearing race in contact and prevent bearing damage during
starting and momentary upthrust conditions.
3. Guide Bearings:
a. Guide bearings shall be deep-groove ball type and shall be located at the
bottom of the motor.
b. Guide bearings may be stacked when necessary according to
manufacturer's standard design to accommodate specified upthrust
conditions.
c. Guide bearings or bearing assemblies shall be provided with sufficient
means for preventing the leakage of lubricant or entrance of foreign
matter along the shaft.
H. Lubrication:
1. Thrust bearings shall be oil lubricated and contained in an oil reservoir with oil
sight level gauge and oil fill and drain openings with plugs.
2. Deep-groove ball bearings furnished as thrust bearings for normal thrust motors
shall be grease lubricated. When furnished as guide bearings for high thrust
units, they shall be oil lubricated.
a. Grease lubricated bearings shall be furnished with provisions for in-
service positive lubrication. A drain shall be provided to guard against
over lubrication.
2017236 Agreement—Precision Electric
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I. Noise Level:
1. Sound pressure levels shall be measured according to IEEE 85 and shall not
exceed 85 decibels as measured on the A-Weighted Scale at a distance of five
(5)feet from any motor surface under no load, free field conditions.
J. Nameplates:
1. Motor nameplates shall be of stainless steel and shall be securely fastened to the
motor frame with pins of a like material.
2. The following information shall be contained on the motor nameplate as a
minimum:
a. Rated Horsepower
b. Full Load Speed
c. Frequency
d. NEMA KVA Code and Design Letter 9when applicable)
e. Rated Voltage
f. Manufacturers Serial Number
g. Service Factor
h. Insulation Class
i. Maximum Ambient
j. Full Load Current at Nameplate Voltage
k. Frame Size Designation
K. Terminal Boxes:
1. Terminal boxes shall be of fabricated steel or cast iron construction to be
compatible with the motor enclosure specified and when possible, shall be
diagonally split and capable of rotation in 90° increments. Boxes not suitable for
rotation must be capable of top entry.
2. The area in which the main terminal box is connected with the motor frame shall
be fully gasketed in order to prevent entrance of foreign matter into the motor and
to provide support for the stator leads where they pass through the motor frame.
3. A properly sized grounding terminal shall be mounted in the main terminal box.
4. The main terminal box shall be sufficiently oversized to allow stress cone
terminations of shielded power cables and to allow mounting of any surge
capacitors, lightning arrestors or current transformers as may be specified.
5. Motors furnished in NEMA frame sizes 449 through 5808 shall be provided with
standoff insulators with copper buss bar terminal connections in a NEMA Type II
hinged conduit box.
6. Motors furnished in NEMA 320 frame sizes and larger shall have conduit boxes
designed and constructed to permit motor removal after installation without
disconnecting raceways.
7. Motors furnished in NEMA frame sizes 182 through 447 shall be provided with
oversized terminal boxes.
L. Leads:
1. Main motor leads shall have EPDM or equal type jackets and shall be
permanently tagged for identification.
2017236 Agreement—Precision Electric
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2. The relationship between lead markings and the direction of rotation shall be
indicated on a separate motor nameplate.
3. Leads for dual voltage rated or for multi-speed motors shall be easily connected
or reconnected in the terminal housing for the operating voltage or for the
specified speeds. Permanent instructions for making these connections shall be
furnished inside the terminal housing or on the motor frame or nameplate.
M. Efficiency:
1. As required, motors shall be premium efficiency type and shall have a NEMA
nominal efficiency nameplate value equal to or greater than values indicated in
the following table. Efficiency shall be determined in accordance with IEEE 112,
Test method B.
2. When premium efficiency is required, vertical motors shall be premium efficiency
type and shall have efficiency values equal to or greater than those indicated in
the following table minus 0.50.
Motor Nominal Efficiency Values Nominal Efficiency Values
Open Drip Enclosure TEFC Enclosure
kW hp 3600 1800 1200 900 3600 1800 1200 900
rpm rpm rpm rpm rpm rpm rpm rpm
0.7 1 84.0 85.5 82.5 75.0 77.0 85.5 82.5 75.5
1.1 1.5 84.0 86.5 86.5 78.0 84.0 86.5 87.5 80.0
1.5 2 85.5 86.5 87.5 86.5 85.5 86.5 88.5 85.5
2.2 3 85.5 89.5 88.5 89.5 87.0 89.5 89.5 86.5
3.7 5 86.5 89.5 89.5 89.5 88.5 89.5 89.5 85.0
5.6 7.5 88.5 91.0 90.2 88.5 90.0 91.7 91.0 86.5
7.5 10 89.5 91.7 91.7 91.0 91.0 91.7 91.0 91.0
11.2 15 90.2 93.0 91.7 91.0 91.0 92.4 92.0 91.0
14.9 20 91.7 93.0 92.4 92.0 92.0 93.0 92.0 91.0
18.7 25 92.4 93.6 93.0 92.0 92.0 93.6 93.0 91.0
22.4 30 93.0 94.1 93.6 93.0 92.4 93.6 93.0 93.0
29.8 40 93.0 94.1 94.1 93.0 92.4 94.1 94.1 93.0
Motor Nominal Efficiency Values Nominal Efficiency Values
Open Drip Enclosure TEFC Enclosure
kW hp 3600 1800 1200 900 3600 1800 1200 900
rpm rpm rpm rpm rpm rpm rpm rpm
37.3 50 93.0 94.5 94.1 93.0 93.0 94.5 94.1 93.0
44.8 60 93.6 95.0 94.5 94.0 93.6 95.0 94.5 93.0
56 75 94.0 95.0 95.0 94.0 93.6 95.4 95.0 94.0
74.6 100 94.5 95.4 95.0 95.0 94.1 95.4 95.0 94.0
93.2 125 95.0 95.4 95.0 95.0 95.0 95.4 95.0 94.0
112 150 95.0 95.8 95.4 95.0 95.0 95.8 95.8 94.0
149 200 95.4 95.8 95.4 95.0 95.4 96.2 95.8 94.1
186 250 95.0 95.8 95.4 95.0 95.4 95.8 95.8 94.5
224 300 95.0 95.8 95.4 95.4 95.8 95.0
261 350 95.0 95.4 95.4 95.4 95.8 95.8
298 400 95.4 95.4 95.8 95.8
336 450 95.8 95.8 95.4 95.4
373 500 95.8 95.8 95.8 95.8
2017236 Agreement-Precision Electric
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N. Accessories:
1. Space Heaters
a. When specified, motors shall be furnished with space heaters to provide
sufficient wattage to maintain the internal temperature of the motor at a
level approximately 10°C above the ambient temperature while the motor
is not in operation.
b. Space heaters shall be of the silicone rubber strip type attached directly
to the stator end turns. When specified, the leads shall be brought out to
an auxiliary terminal box.
c. Space heaters shall be rated for operation on a single phase, 60 hertz,
120 volt system.
2. Protective Devices
a. Motors >100 horsepower;, stator winding protection shall consist of the
following::
1) Six (6) 100 ohm platinum resistance-type temperature detectors
(RTD's) embedded in the stator windings, two (2) per phase.
Each detector shall have its leads wired to an auxiliary terminal
box.
b. Motors >100 horsepower; bearing protection shall consist of the
following:
1) Two (2) 100 ohm platinum resistance-type temperature detectors
(RTD's), one(1) per bearing, mounted as closely as possible to
the outer surface of each bearing. Each detector shall have its
leads wired to a terminal block located in an auxiliary terminal
box.
c. When specified, surge protection shall be provided in form of surge
capacitors and lightning arrestors mounted, one (1) per phase in the
main terminal box.
d. When specified, differential ground protection shall consist of three (3)
window-type current transformers, mounted one (1) per phase in the
main terminal box. Leads of each phase shall be passed through
individual current transformers. Transformers shall be of a ratio specified
by the Purchaser at time of order placement.
2017236 Agreement—Precision Electric
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2.2 GENERAL PURPOSE MOTOR REQUIREMENTS
A. Design and construction of each general-purpose motor shall be as specified herein.
Motor voltage, frequency, speed, service factor, and insulation class shall be as follows:
1. Motor voltage 460, 3 phase for motors larger than 5
hp, 208V, 3 phase for motors '/2
horsepower to 5 hp, and 120, single
phase for smaller than '/2 horsepower
4 1
2. Frequency 60 Hz
3. Speed Constant speed
4. Service factor 1.15, except for VFD driven motors
which shall be 1.0
5. Insulation class and temperature Class H with 105 o
C rise at 1.0 SF
rise above 40o C design ambient
(by resistance method)
6. Enclosure Totally enclosed fan cooled
7. Main conduit box sized to
include
B. When powered from a variable frequency drive (VFD), motors shall be inverter duty and
specifically selected for service with a variable frequency type speed controller and shall
be derated as required to compensate for harmonic heating effects and reduced self-
cooling capability at low speed operation.
C. Each motor shall not exceed a Class B temperature rise when operating in the installed
condition at load with power received from the variable frequency drive. All motors
driven by VFDs shall be supplied with full phase insulation on the end turns and shall
meet the requirements of NEMA MG 1, Part 31. In addition to the requirements of
NEMA MG 1, Part 31, motors shall be designed to be continually pulsed at the motor
terminals with a voltage of 1600 volts ac.
D. Bearing protection rings shall be provided for VFD driven motors >100 horsepower to
reduce the effects of electrical discharge machining (EDM). The bearing protection ring
shall be a maintenance free, conductive micro fiber, shaft grounding ring installed on the
drive end of the motor shaft.
E. VFD driven motors >100 horsepower shall have one insulated bearing installed on the
non-drive end with a bearing protection ring installed on the opposite drive.
F. Nameplate Horsepower. Motor nameplate horsepower shall be equal to or Greater than
the maximum load imposed by the driven equipment.
G. Enclosures. All motors shall be self-ventilated. All self-ventilated open type motors,
including those with dripproof, splashproof, and weather protected enclosures, and the
fan covers of totally enclosed fan cooled motors shall meet NEMA MG 1 requirements for
a fully guarded machine.
H. Totally Enclosed Motors. Totally enclosed motors shall be furnished with drain holes and
rotating shaft seals. Frames, bearing brackets, external terminal housings, and fan
covers for fan cooled motors shall be cast iron. External cooling fans for fan cooled
2017236 Agreement—Precision Electric
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motors shall be fabricated of brass, bronze, aluminum alloy containing not more than 0.2
percent copper, malleable iron, or plastic. All plastic fans shall be fabricated of a
reinforced thermosetting plastic and shall be UL approved.
I. Outdoor Motors. Outdoor motors shall have NEMA weather protected enclosures. All
exposed metal surfaces shall be protected, where practical, with a corrosion resistant
polyester coating. Exposed uncoated surfaces shall be of a corrosion resistant metal.
Enclosure exterior and interior surfaces, air gap surfaces, and windings shall be
protected with a corrosion resistant polyester, polyurethane or epoxy coating.
J. Motors for Hazardous Locations. Motors for hazardous locations shall be in accordance
with the NEC and of the correct type enclosures for the particular service as specified in
NEMA MG 1. Motors shall meet the requirements of UL 674.
K. Motors shall be provided with special corrosion- resistant finish and encapsulated
windings meeting the requirements of NEMA MG1-1.27.2 and IEEE 841, or have IEEE
841 like features.
L. Main Conduit Boxes. The main conduit box shall be in accordance with NEMA MG 1.
The main conduit boxes shall be diagonally split for easy access to the motor leads, and
designed for rotation in 90-degree increments. A gasket shall be furnished between the
halves of the box. Conduit openings in the main conduit box shall match the size and
quantity of conduits indicated on the one line Drawings.
M. Unless specified otherwise, all motors shall be designed for full voltage starting and to
operate from an electrical system that may have a maximum of 5 percent voltage
distortion according to IEEE 519.
2.3 TESTING
A. When specified, one (1) motor shall be given a complete initial test in accordance with
IEEE 112 method B and shall include the following items:
1. Current Balance
2. High Potential Test
3. Vibration Test
4. Winding Resistance
5. Locked Rotor Current
6. No Load Running Current
7. Full Load Heat Run
8. Full Load Percent Slip
9. Efficiency at 100%, 75% and 50% Load
10. Power Factor at 100%, 75% and 50% Load
B. When specified, noise test shall be performed in accordance with IEEE standard 85
decibels.
C. When specified, water immersion test shall be performed in accordance with NEMA MG
1-20.48.
D. Five (5)copies of certified test reports shall be submitted to the purchaser upon
completion of all required tests.
2017236 Agreement—Precision Electric
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E. Purchaser reserves the right to witness any or all of the tests specified to be performed.
Prices for this shall be included as a separate item in the seller's quotation.
PART 3 EXECUTION
3.1 INSTALLATION - New Vertical Turbine Pump Motors.
A. Install per manufacturers recommended installation procedures.
B. Contractor shall be responsible for removal of the old motor and installation of the new.
C. Contractor shall be responsible for correct sizing, component orientation, mechanical
fitment, startup and commissioning.
D. Contractor shall be responsible to confirm and document motor"C"face fit has no more
than .003 clearance to the pump stand.
E. Contractor shall be responsible to confirm and document motor"C"face to shaft runout is
no more than .002 TIR.
F. Contractor shall be responsible to clean and inspect all coupling components. Measure
all fits and bores with a documented max tolerance of.001.
G. Contractor shall be responsible to remove the mechanical seal from the pump and set the
motor on the pump stand. Attach a fixture to the motor shaft and indicate stuffing box
bore with a documented max tolerance of.003 TIR.
H. If all tolerances are acceptable contractor shall be responsible to install the mechanical
seal, set pump lift and couple.
END OF SECTION
2017236 Agreement—Precision Electric
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EXHIBIT B
PRICING
B. 1,New Motor Purchases from Repair Vendor
A.Vendors shall price motors using a discount off of Manufacturers list Price.Awarded contractor shall provide the most recent Manufacturer's List Price Data(catalog,website,disc)and provide updates as they
are released,US Motor's Titan line,Toshiba and GE motors.Vendors are free to submit%discount off of other equivalent motors but award will be based on ability to supply the listed motors along with the
offered discounts,
Discount off of Discount off of %Discount off of
Manufacturer's list Manufacturer's Manufacturer's list
Manufacturer Price Manufacturer list Price Manufacturer Price
1 US Motors-Titan Line 10% Marathon Motors 10%
2 Toshiba N/A
3 GE 15%
2. Repair Parts
A. Percent markup for incidental/repair parts,purchased by the Contractor,shall be: 10%
• Parts to be fabricated by contractor shall be quoted before use in repairs for City of Mesa.
• No markups will be paid on delivery charges for parts shipped to Contractor or for unauthorized outside labor
• Contractor shall provide evidence of purchased price for all repair parts to be marked up.Contractor shall provide a firm quote for ail purchased repair parts and receive a
written confirmation from the City before ordering
3. Services-New Installations and Repair/Rewind
A. Crane Rental.Pricing shall include all labor material,overhead,fuel surcharges and taxes to perform the services as outlined in the solicitation.
Delivery&Pick•Up Each Additional
Crane Size i Style Operator Charge Charge Crew Person
1 17 ton/boom truck S 75.00.Per Flour no charge Per Job $ 55.00 Per Hour
2 $ Per Hour $ Per Job S Per Hour
3 S Per Hour $ Per Job $ Per Hour
4 $ Per Hour $ Per Job $ Per Hour
B. On-Site and Shop Services.Pricing shall include all labor material,overhead,fuel surcharges and taxes to perform the services as outlined in the solicitation.
2017236 Agreement—Precision Electric
Page 24 of 33
Travel to&from job location
within City from Contractor's
Crew Size yard Standby charge after 30 Minutes
1 Three(3)Man Crew $ 195.00 Per hour $ 195.00 Per hour
2 Two(2)Man Crew $ 130.00 Per hour $ 130.00 Per hour
3 One(1)Man Crew $ 65.00 Per hour $ 65.00 Per hour
4 Shop Estimate for Motor Repair/Rewind no charge Per job
a If motor is repaired.does estimate charge go toward repair?Yes or No? N/A
If City purchases new motor from you in lieu of repair,does estimate charge go
b toward purchase of new'?Yes or No? N/A
5 Shop Labor $ 65.00 Per hour
6 Machinist 5 65.00 Per hour
7 Shop Welder $ 65.00 Per hour
8 Field Welder $ 65.00 Per hour
9 Field Tech or Field Electrician $ 65.00 Per hour
10 Infrared Camera/Thermal Images 5 65.00 Per hour
11 Field Vibration Analysis Service $ 65.00 Per hour
12 Onsite Balancing Service $ 65.00 Per hour
13 Onsite Meggar Testing Service 5 65.00 Per hour
14 Onsite Alignment Services $ 65.00 Per hour
15 Shop Dynamic Balancing Service $ 65.00 Per hour
16 Laser Shaft Alignment 5 65.00 Per hour
17 Emergency work-Overtime and Weekend Rate Premium 140%
18 Emergency work-Holdiay Rate Premium 140%
Offeror agrees to start each non-emergency job within
19 how many hours after written notification'? 72 Hours
Offeror agrees to start each emergency job within how
20 many hours after written notification? 12 Hours
Emergency jobs can be completed within how many
21 hours after written notiication to proceed? 24 Hours
Will any sub-contractors be used for any part of this contract'?Yes or No?If
Yes,attach a list of sub-contractos and the specific services they will be
22 providing. No
Applicable Tax Rate:8.6%Phoenix
Payment Terms: N30 days,1%15 days discount
Payment of invoices allowed using a Procurement Card
2017236 Agreement—Precision Electric
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I
1
EXHIBIT C
MESA STANDARD TERMS AND CONDITIONS
1. INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to
the City will be that of an independent contractor. Contractor and all persons employed by
Contractor, either directly or indirectly, are Contractor's employees, not City employees.
Accordingly, Contractor and Contractor's employees are not entitled to any benefits provided to
City employees including, but not limited to, health benefits, enrollment in a retirement system, paid
time off or other rights afforded City employees. Contractor employees will not be regarded as City
employees or agents for any purpose, including the payment of unemployment or workers'
compensation. If any Contractor employees or subcontractors assert a claim for wages or other
employment benefits against the City, Contractor will defend, indemnify and hold harmless the City
from all such claims.
2. SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the
express written permission of the City. If Contractor has received authorization to subcontract work,
it is agreed that all subcontractors performing work under the Agreement must comply with its
provisions. Further, all agreements between Contractor and its subcontractors must provide that
the terms and conditions of this Agreement be incorporated therein.
3. ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first
receiving the City's written consent. Any attempted assignment, either in whole or in part, without
such consent will be null and void and in such event the City will have the right at its option to
terminate the Agreement. No granting of consent to any assignment will relieve Contractor from
any of its obligations and liabilities under the Agreement.
4. SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and
inure to the benefit of the parties and their respective permitted successors and assigns.
5. NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the
parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights,
or responsibilities in any third parties.
6. NON-EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or
services set forth herein from other sources when deemed necessary and appropriate. No
exclusive rights are encompassed through this Agreement.
7. AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be
modified in a writing signed by both parties. No charge for extra work or material will be allowed
unless approved in writing, in advance, by the City and Contractor.
8. TIME OF THE ESSENCE. Time is of the essence to the performance of the parties' obligations
under this Agreement.
9. COMPLIANCE WITH APPLICABLE LAWS.
a. General. Contractor must procure all permits and licenses, and pay all charges and fees
necessary and incidental to the lawful conduct of business. Contractor must stay fully informed
of existing and future federal, state, and local laws, ordinances, and regulations that in any
manner affect the fulfillment of this Agreement and must comply with the same at its own
expense. Contractor bears full responsibility for training, safety, and providing necessary
equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon
request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and
other activities used to ensure compliance.
b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy
establishing a drug-free workplace for itself and those doing business with the City to ensure
the safety and health of all persons working on City contracts and projects. Contractor will
require a drug-free workplace for all Contractor personnel working under this Agreement.
Specifically, all Contractor personnel who are working under this Agreement must be notified
in writing by Contractor that they are prohibited from the manufacture, distribution,
2017236 Agreement—Precision Electric
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dispensation, possession, or unlawful use of a controlled substance in the workplace.
Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel,
and will ensure that Contractor personnel do not use or possess illegal drugs while in the course
of performing their duties.
c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration
Reform and Control Act of 1986(IRCA)in performance under this Agreement and to permit the
City and its agents to inspect applicable personnel records to verify such compliance as
permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all
Contractor personnel have a legal right to live and work in the United States.
i. As applicable to Contractor, under the provisions of A.R.S. § 41-4401, Contractor hereby
warrants to the City that Contractor and each of its subcontractors will comply with, and
are contractually obligated to comply with, all federal immigration laws and regulations that
relate to their employees and A.R.S. § 23-214(A) (hereinafter "Contractor Immigration
Warranty").
ii. A breach of the Contractor Immigration Warranty will constitute as a material breach of this
Agreement and will subject Contractor to penalties up to and including termination of this
Agreement at the sole discretion of the City.
iii. The City retains the legal right to inspect the papers of all Contractor personnel who provide
services under this Agreement to ensure that Contractor or its subcontractors are
complying with the Contractor Immigration Warranty. Contractor agrees to assist the City
in regard to any such inspections.
iv. The City may, at its sole discretion, conduct random verification of the employment records
of Contractor and any subcontractor to ensure compliance with the Contractor Immigration
Warranty. Contractor agrees to assist the City in regard to any random verification
performed.
v. Neither Contractor nor any subcontractor will be deemed to have materially breached the
Contractor Immigration Warranty if Contractor or subcontractor establishes that it has
complied with the employment verification provisions prescribed by Sections 274A and
274B of the Federal Immigration and Nationality Act and the E-Verify requirements
prescribed by A.R.S. § 23-214(A).
d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against
any employee or applicant for employment or person to whom it provides services because of
race, color, religion, sex, national origin, or disability, and represents and warrants that it
complies with all applicable federal, state, and local laws and executive orders regarding
employment. Contractor and Contractor's personnel will comply with applicable provisions of
Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal
Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and
applicable rules in performance under this Agreement.
e. State Sponsors of Terrorism Prohibition. Per A.R.S. § 35-392, Contractor must not be in
violation of section 6(j) of the Federal Export Administration Act and subsequently prohibited
by the State of Arizona from selling goods of services to the City.
10. SALES/USE TAX, OTHER TAXES.
a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes
related to or arising out of Contractor's services under this Agreement, including by way of
illustration but not limitation, federal and state income tax, Social Security tax, unemployment
insurance taxes, and any other taxes or business license fees as required. If any taxing
authority should deem Contractor or Contractor employees an employee of the City, or should
otherwise claim the City is liable for the payment of taxes that are Contractor's responsibility
under this Agreement, Contractor will indemnify the City for any tax liability, interest, and
penalties imposed upon the City.
2017236 Agreement—Precision Electric
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b. The City is exempt from paying certain federal excise taxes and will furnish an exemption
certificate upon request. The City is not exempt from state and local sales/use taxes.
11. AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due
to the City during the performance of services under the Agreement. Payments to Contractor may
be offset by any delinquent amounts due the City or fees and charges owed to the City.
12. PUBLIC RECORDS. Contractor acknowledges that the City is a public entity, subject to Arizona's
public records laws (A.R.S. § 39-121 et. seq.) and that any documents related to this Agreement
may be subject to disclosure pursuant to state law in response to a public records request or to
subpoena or other judicial process.
12.1. If Contractor believes document related to the Agreement contains trade secrets or other
proprietary data, Contractor must notify the City and include with the notification a statement
that explains and supports Contractor's claim. Contractor also must specifically identify the
trade secrets or other proprietary data that Contractor believes should remain confidential.
12.2. In the event the City determines it is legally required to disclose pursuant to law any
documents or information Contractor deems confidential trade secrets or proprietary data,
the City, to the extent possible, will provide Contractor with prompt written notice by certified
mail, fax, email or other method that tracks delivery status of the requirement to disclose the
information so Contractor may seek a protective order from a court having jurisdiction over
the matter or obtain other appropriate remedies. The notice will include a time period for
Contractor to seek court ordered protection or other legal remedies as deemed appropriate
by Contractor. If Contractor does not obtain such court ordered protection by the expiration
of said time period, the City may release the information without further notice to Contractor.
13. AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for six
(6)years after completion of the Agreement. The City or its authorized agent reserves the right to
inspect any records related to the performance of work specified herein. In addition, the City may
inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the
Agreement. Contractor will permit such inspections and audits during normal business hours and
upon reasonable notice by the City. The audit of records may occur at Contractor's place of
business or at City offices, as determined by the City.
14. BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested
background checks of Contractor personnel who would perform services under the Agreement or
who will have access to the City's information, data,or facilities in accordance with the City's current
background check policies. Any officer, employee, or agent that fails the background check must
be replaced immediately for any reasonable cause not prohibited by law.
15. SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will
have final authority, based on security reasons: (i) to determine when security clearance of
Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and
including fingerprinting Contractor personnel; and (iii)to determine whether or not any individual or
entity may provide services under this Agreement. If the City objects to any Contractor personnel
for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City,
remove any such individual from performance of services under this Agreement.
16. DEFAULT.
a. A party will be in default if that party:
i. Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership
proceeding, makes an assignment for a creditor, or there is any similar action that affects
Contractor's capability to perform under the Agreement;
ii. Is the subject of a petition for involuntary bankruptcy not removed within sixty(60)calendar
days;
2017236 Agreement—Precision Electric
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iii. Conducts business in an unethical manner as set forth in the City Procurement Rules
Article 7 or in an illegal manner; or
iv. Fails to carry out any term, promise, or condition of the Agreement.
b. Contractor will be in default of this Agreement if Contractor is debarred from participating in
City procurements and solicitations in accordance with Article 6 of the City's Procurement
Rules.
c. Notice and Opportunity to Cure. In the event a party is in default then the other party may,
at its option and at any time, provide written notice to the defaulting party of the default. The
defaulting party will have thirty(30)days from receipt of the notice to cure the default; the thirty
(30)day cure period may be extended by mutual agreement of the parties, but no cure period
may exceed ninety(90)days.A default notice will be deemed to be sufficient if it is reasonably
calculated to provide notice of the nature and extent of such default. Failure of the non-
defaulting party to provide notice of the default does not waive any rights under the Agreement.
d. Anticipatory Repudiation. Whenever the City in good faith has reason to question
Contractor's intent or ability to perform, the City may demand that Contractor give a written
assurance of its intent and ability to perform. In the event that the demand is made and no
written assurance is given within five (5) calendar days, the City may treat this failure as an
anticipatory repudiation of the Agreement.
17. REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy
will not preclude the use of other remedies. In the event of default:
a. The non-defaulting party may terminate the Agreement, and the termination will be effective
immediately or at such other date as specified by the terminating party.
b. The City may purchase the services required under the Agreement from the open market,
complete required work itself, or have it completed at the expense of Contractor. If the cost of
obtaining substitute services exceeds the contract price, the City may recover the excess cost
by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance
due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv)
collection against liquidated damages (if applicable); or (v) a combination of the
aforementioned remedies or other remedies as provided by law. Costs includes any and all,
fees, and expenses incurred in obtaining substitute services and expended in obtaining
reimbursement, including, but not limited to, administrative expenses, attorneys' fees, and
costs.
c. The non-defaulting party will have all other rights granted under this Agreement and all rights
at law or in equity that may be available to it.
d. Neither party will be liable for incidental, special, or consequential damages.
18. CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the
parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to
cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or
obligated to cease performance by other provisions in this Agreement.
19. TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in
part or in whole upon thirty(30)calendar days' written notice.
20. TERMINATION FOR CONFLICT OF INTEREST(A.R.S.§ 38-511). Pursuant to A.R.S. § 38-511,
the City may cancel this Agreement within three (3) years after its execution, without penalty or
further obligation, if any person significantly involved in initiating, securing, drafting, or creating the
Agreement for the City becomes an employee or agent of Contractor.
21. TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY
CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds
by its governing body to satisfy its obligations. If the City reasonably determines that it does not
have funds to meet its obligations under this Agreement, the City will have the right to terminate
2017236 Agreement—Precision Electric
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the Agreement without penalty on the last day of the fiscal period for which funds were legally
available. In the event of such termination, the City agrees to provide written notice of its intent to
terminate thirty(30)calendar days prior to the stated termination date.
22. PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement,
Contractor will be entitled only to payment for those services performed up to the date of
termination, and any authorized expenses already incurred up to such date of termination. The
City will make final payment within thirty (30) calendar days after the City has both completed its
i appraisal of the materials and services provided and received Contractor's properly prepared final
invoice.
23. NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless
approved in writing and signed by the waiving party. Failure or delay to exercise any rights or
remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services
hereunder, will not release the other party of any of the warranties or other obligations of the
Agreement and will not be deemed a waiver of any such rights or remedies.
24. INDEMNIFICATION/LIABILITY.
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the
City, its officers, agents, and employees, harmless from and against any and all liabilities,
demands,claims,suits,losses,damages,causes of action,fines or judgments,including costs,
attorneys', witnesses', and expert witnesses' fees, and expenses incident thereto, relating to,
arising out of, or resulting from: (i) the services provided by Contractor personnel under this
Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor
personnel; and (iii) Contractor or Contractor personnel's failure to comply with or fulfill the
obligations established by this Agreement.
b. Contractor will update the City during the course of the litigation to timely notify the City of any
issues that may involve the independent negligence of the City that is not covered by this
indemnification.
c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor
or any third party harmless for claims based on this Agreement or use of Contractor-provided
supplies or services.
25. WARRANTY. Contractor warrants that the services and materials will conform to the requirements
of the Agreement. Additionally, Contractor warrants that all services will be performed in a good,
workman-like and professional manner. The City's acceptance of service or materials provided by
Contractor will not relieve Contractor from its obligations under this warranty. If any materials or
services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at
no additional charge to the City, will provide materials or redo such services until in accordance
with this Agreement and to the City's reasonable satisfaction.
Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current
manufacture and not discontinued, will be free of defects in materials and workmanship, will be
provided in accordance with manufacturer's standard warranty for at least one (1) year unless
otherwise specified, and will perform in accordance with manufacturer's published specifications.
26. THE CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to
prejudice the City's right to recover against third parties for any loss, destruction, or damage to City
property, and will at the City's request and expense, furnish to the City reasonable assistance and
cooperation, including assistance in the prosecution or defense of suit and the execution of
instruments of assignment in favor of the City in obtaining recovery.
27. NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver
any specific amount of materials or services or any materials or services at all under this Agreement
and acknowledges and agrees that the materials or services will be requested by the City on an as
needed basis at the sole discretion of the City. Any document referencing quantities or
performance frequencies represent the City's best estimate of current requirements, but will not
bind the City to purchase, accept, or pay for materials or services which exceed its actual needs.
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28. OWNERSHIP. All deliverables, services, and information provided by Contractor or the City
pursuant to this Agreement (whether electronically or manually generated) including without
limitation, reports,test plans, and survey results, graphics, and technical tables, originally prepared
in the performance of this Agreement, are the property of the City and will not be used or released
by Contractor or any other person except with prior written permission by the City.
29. USE OF NAME. Contractor will not use the name of the City of Mesa in any advertising or publicity
without obtaining the prior written consent of the City.
30. PROHIBITED ACTS. Pursuant to A.R.S. § 38-504, a current or former public officer or employee
within the last twelve (12) months shall not represent another organization before the City on any
matter for which the officer or employee was directly concerned and personally participated in
during their service or employment or over which they had a substantial or material administrative
discretion. Further, while employed by the City and for two (2) years thereafter, public officers or
employees are prohibited from disclosing or using, without appropriate authorization, any
confidential information acquired by such personnel in the course of his or her official duties at the
City.
31. FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination
freight prepaid and allowed unless otherwise agreed.
32. RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or
equipment incidental to providing these services and such loss,injury,or destruction will not release
Contractor from any obligation hereunder.
33. SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real
property or damage or loss of City personal property when such property is the responsibility of or
in the custody of Contractor or its employees.
34. WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use,
the materials and services being provided and that the City may use same without suit, trouble or
hindrance from Contractor or third parties.
35. PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will
without limitation, at its expense defend the City against all claims asserted by any person that
anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual
property right and must, without limitation, pay the costs, damages and attorneys' fees awarded
against the City in any such action,or pay any settlement of such action or claim. Each party agrees
to notify the other promptly of any matters to which this provision may apply and to cooperate with
each other in connection with such defense or settlement. If a preliminary or final judgment is
obtained against the City's use or operation of the items provided by Contractor hereunder or any
part thereof by reason of any alleged infringement, Contractor will, at its expense and without
limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the
right to continue to use the item; (c) substitute for the infringing item other item(s) having at least
equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable
usage, from the time of installation acceptance through cessation of use, which amount will be
calculated on a useful life not less than five (5) years, plus any additional costs the City may incur
to acquire substitute supplies or services.
36. CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing
Administrator and/or an authorized representative from the using department. All questions
regarding the contract will be referred to the administrator for resolution. Supplements may be
written to the contract for the addition or deletion of services. Payment will be negotiated and
determined by the contract administrator(s).
37. FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by
unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the
public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose
performance is so affected will within five (5) calendar days of the unforeseeable circumstance
notify the other party of all pertinent facts and identify the force majeure event. The party whose
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performance is so affected must also take all reasonable steps, promptly and diligently, to prevent
such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or
performance date will be extended for a period equal to the time lost by reason of delay, plus such
additional time as may be reasonably necessary to overcome the effect of the delay, provided
however, under no circumstances will delays caused by a force majeure extend beyond one
hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task
unless agreed upon by the parties.
38. COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing
agreements with other Arizona government agencies, including the Strategic Alliance for Volume
Expenditures (SAVE) cooperative. Under the SAVE Cooperative Purchasing Agreement, any
contract may be extended for use by other municipalities,school districts and government agencies
in the State of Arizona with the approval of Contractor. Any such usage by other entities must be
in accordance with the statutes, codes, ordinances, charter and/or procurement rules and
regulations of the respective government agency.
The City currently holds or may enter into Intergovernmental Governmental Agreements(IGA)with
numerous governmental entities. These agreements allow the entities, with the approval of
Contractor, to purchase their requirements under the terms and conditions of this Agreement.
A contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor
who is contracted to provide services on a regular basis at an individual school shall obtain a valid
fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. A school district governing
board shall adopt policies to exempt a person from the requirements of this subsection if the
person's normal job duties are not likely to result in independent access to or unsupervised contact
with pupils. A school district, its governing board members, its school council members and its
employees are exempt from civil liability for the consequences of adoption and implementation of
policies and procedures pursuant to this subsection unless the school district, its governing board
members, its school council members or its employees are guilty of gross negligence or intentional
misconduct.
Additionally, Contractor will comply with the governing body's fingerprinting policy of each individual
school district and public entity. Contractor, subcontractors, vendors and their employees will not
provide services on school district properties until authorized by the school district.
Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.
The City is not responsible for any disputes arising out of transactions made by others.
39. FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price
increases will be accepted without proper request by Contractor and response by the City's
Purchasing Division.
40. NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at
their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or
registered mail, postage prepaid; (iii) sent via overnight courier; or(iv) sent via email or facsimile.
If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified
or registered mail, receipt will be deemed effective three(3)calendar days after being deposited in
the United States mail. If sent via overnight courier, email or facsimile, receipt will be deemed
effective two (2)calendar days after the sending thereof.
41. GOVERNING LAW, FORUM. This Agreement is governed by the laws of the State of Arizona.
The exclusive forum selected for any proceeding or suit in law or equity arising from or incident to
this Agreement will be Maricopa County, Arizona.
42. INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto,
supersede all prior oral or written agreements, if any, between the parties and constitutes the entire
agreement between the parties with respect to the work to be performed.
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43. PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a
part of this Agreement as if fully stated in it.
44. SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such
provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The parties will negotiate diligently in good faith for such amendment(s)of this Agreement as may
be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or
unenforceability.
45. SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of
this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth
rights and obligations that extend beyond completion, termination, or other expiration of this
Agreement, will survive and remain in full force and effect. Except as specifically provided in this
Agreement,completion,termination, or other expiration of this Agreement will not release any party
from any liability or obligation arising prior to the date of termination.
46. A.R.S. SECTIONS 1-501 and 1-502. Pursuant to Arizona Revised Statutes Sections 1-501 and 1-
502, any person who applies to the City for a local public benefit(the definition of which includes a
grant, contract or loan) must demonstrate his or her lawful presence in the United States. As the
Agreement is deemed a local public benefit, if Contractor is an individual (natural) person or sole
proprietorship, Contractor agrees to sign and submit the necessary documentation to prove
compliance with the statutes as applicable.
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EXHIBIT B
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PRECISION ELECTRIC CO., INC.
[Materials Order]
See following pages (to be attached subsequent to execution).
4830-5587-9323,v. 1