HomeMy WebLinkAboutC2021-008D - K2 ElectricB-1
Contract No. 2021-008D
JOB ORDER MASTER AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
K2 ELECTRIC, LLC.
THIS JOB ORDER MASTER AGREEMENT (this “Contract”) is entered into as of
November 17, 2020, between the Town of Fountain Hills, an Arizona municipal corporation (the
“Town”) and K2 Electric, LLC, a(n) Arizona Limited Liability Company (the “Contractor”).
RECITALS
A. The Town issued a Request for Qualifications, 2021-008, Electrical Services (the
“RFQ”), a copy of which is on file in the Town Clerk’s Office and incorporated herein by
reference, seeking statements of qualifications from vendors for professional consulting services.
B. The Contractor submitted a Statement of Qualifications (the “SOQ”) in response
to the RFQ, attached hereto as Exhibit A and incorporated herein by reference, and the Town
desires to enter into an Agreement with the Contractor for Electrical Services (the “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 Contract. This Contract shall be effective as of the date first set forth
above and shall remain in full force and effect for one year with up to four (one) year renewable
options.
2. Job Order Master Contract Process.
2.1 This Contract establishes an indefinite delivery, indefinite quantity, Job
Order Contract for such Electrical Services within the scope of this Contract as Town may
request from time to time by issuance of an individual Job Order for each Project. A separate Job
Order will be issued for each Project describing the specific Work to be performed by the
Contractor for that Project.
2.2 Town shall have the right to perform work of the types included in this
Contract itself or to have other Contractors perform such work.
2.3 This Contract does not obligate or require Town to offer any Job Order to
Contractor and no Contract will exist for any specific Work until a Job Order for such Work has
been fully executed by Town and Contractor.
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2.4 Scope of Work Under This Contract. The Contractor will provide all
labor, tools, management, materials, parts and supplies, equipment, and transportation necessary
to furnish a broad range of electrical services at various locations throughout the Town of
Fountain Hills on an as-needed basis. Electrical services will include complete troubleshooting
and repair of existing electrical systems, installation of new electrical components, general
maintenance, and may include responses to emergency calls outside of normal Town operating
hours.
2.5 Contract Price for Each Job Order. The amount to be paid by Town for
the Project under each Job Order is the Contract Price for the Job Order. The Contract Price
includes the Contract Price for the Work. The Contract Price for any Job Order may be a Fixed
Price or a Guaranteed Maximum Price (GMP), subject to the following:
A. The cumulative sum of the Job Orders performed by Contractor
during any twelve (12) month period shall not exceed $125,000.00.
B. There is no limit on the number of Job Orders that the Town may
issue to Contractor during any twelve (12) month period of this Contract or during the
entire period this Contract is in effect.
C. Contractor may not refuse any Job Order under this Contract
properly issued by Town, unless Contractor explains, in writing and to Town’s
satisfaction, that the scope of work under a specific Job Order is poorly defined or
hazardous to health or safety.
3. Performance of the Work.
3.1 Specifications. The Maricopa Association of Governments, Uniform
Standard Specifications for Public Works Construction, current edition (“MAG Specifications”),
Maricopa Association of Governments, Standard Details for Public Works Construction, current
edition (“MAG Details”), have been adopted by Town and shall apply to the Work, to the extent
applicable. In addition, to the extent Town has adopted its own Town Specifications, and/or
Supplements and/or Modifications to the MAG Specifications or MAG Details (collectively the
“Town Specifications”), those Town Specifications shall apply to the Work when and where
appropriate and the Contractor shall fully comply therewith. Any questions or concerns about
the applicability of any specific MAG or Town Specifications to the Work shall be directed in
writing to the Project Engineer. The MAG Specifications, MAG Details and Town
Specifications are incorporated into the Contract.
3.2 Coordination. Contractor shall also cooperate with Town in
communicating with, obtaining necessary approvals or permits from, and responding to, any
applicable government entity or regulatory agency, including participation in any hearings or
meetings.
3.3 Extra Work/Changes in the Work/Approvals. Town reserves the right to
make such changes in the plans and specifications for the Work, within the general scope
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thereof, as it may deem appropriate and any such change as set forth in a written Change Order
or Extra Work Order shall be deemed a part of this Contract as if originally incorporated herein.
A. Contractor shall not be entitled to payment for additional work
unless a written Change Order or Extra Work Order, in form and content prescribed by
Town, has been executed by Town prior to starting the additional work; on all such
Change Orders and Extra Work Orders, Contractor shall specify the increased and/or
decreased costs and whether it believes any extensions of time will be necessary to
complete its Work as modified by the Change Order or Extra Work Order. In no event,
however, will the Contractor be entitled to collect for overhead and profit for such
changes more than the percentages of Contractor’s actual and direct cost incurred in such
change as set forth in the corresponding Change Order. If additional work is performed
on the basis of an Extra Work Order, a corresponding Change Order shall be prepared,
approved and processed by Town before payment can be made to Contractor.
B. Upon request by Town, Contractor shall submit for Town’s prior
approval all samples, product data, shop drawings on all materials, systems and
equipment to be incorporated into the Work.
C. The Project Manager shall be designated by the Town. All
communications concerning performance of the Work or the Project shall be provided to
the designated Project Manager, who has the authority to act on behalf of Town, as
delineated and limited by the Contract Documents and applicable law. The Project
Manager has no authority to bind Town or Town Council in contravention of any Town
Code, State or Federal statute or regulation, or this Contract. Project communications
may be exchanged by e-mail upon the written agreement of the Project Manager and
Contractor, but e-mail communications are not binding upon Town and cannot change
the terms of the Contract or the scope of Work, or effectuate any change that requires a
written change order. The use of e-mails is for information only, and e-mails will have
no legal or binding effect.
3.4 Time/Float. Contractor shall strictly comply with the Project schedule
approved in writing by Town (the “Contract Time”). The Contract Time shall start with the
Notice to Proceed and end with final acceptance of the Work. Contractor shall commence
performance of the Work and complete the Project through both substantial completion and final
acceptance within the Contract Time, and failure to do so shall be a material breach of the
Contract.
A. Time is of the essence of the Contract, for each Project, for the
Work, and for each phase and/or designated milestone thereof.
B. No modification to the Contract Documents or the Contract Time
shall be effective unless approved in writing, in advance, by Town.
C. The total float time within the overall schedule is for the exclusive
use of Town, but Town may approve Contractor’s use of float as needed to meet contract
milestones and the Project completion date.
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4. Payments. Payments shall be made as follows:
4.1 Progress Payments.
A. Progress billings will be processed monthly starting upon Project
commencement.
B. Contractor billings shall be submitted on Contractor’s typical
invoice form.
C. A list of all suppliers (including name, contact information and
phone numbers) to be used by Contractor must be received and approved by Town, prior
to release of Contractor’s monthly progress payment. Town’s approval of Cont ractor’s
suppliers shall not release Contractor from any of its obligations under this Contract,
including without limitation, Contractor’s indemnification, and insurance obligations.
D. If required by Town, Contractor will be required to execute an
Unconditional Waiver and Release on Progress Payment or Unconditional Waiver and
Release on final payment contemporaneously with the receipt of partial or final
payments, or other form of acknowledgment of payment and/or release of claims as
required by Town, as well as unconditional lien waivers executed by subcontractors
and/or suppliers who have provided labor, materials, or rental equipment to Contractor.
Payments of any amounts covered by any conditional lien waivers may, at Town’s sole
discretion, be made by joint check issued to the Contractor and the subcontractor or
supplier.
E. Contractor shall submit all other supporting documentation
substantiating its Invoice as may be reasonably required by the Engineer, Project
Manager, Town, and applicable laws.
4.2 Final Payment. Final payment including retainage shall be paid only after:
(i) the Work has been fully completed (including completion of all incorrect or
incomplete work items) and accepted by Town; (ii) necessary operating manuals, any
excess materials and supplies necessary for matching materials and supplies incorporated
into the Work, and complete “as-built” drawings, plans and specifications have been
delivered to Town; (iii) if required by Town, full and unconditional lien waivers and
releases by Contractor and any person performing labor or supplying material,
machinery, fixtures, or tools for the Work have been delivered to Town; (iv) all
conditions and requirements imposed by Town or any financing entity for the
corresponding disbursement have been met; and (v) Contractor delivers to Town an
Invoice requesting payment. The Contract number must be referenced on all invoices.
4.3 Town’s Right to Withhold Payment. Town may withhold payment to such
extent as may be necessary in Town’s opinion to protect Town from loss for which the
Contractor is responsible, including, without limitation:
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A. defective Work not remedied;
B. third party claims filed or reasonable evidence indicating probable
filing of such claims unless security acceptable to Town is provided by the Contractor;
C. failure of the Contractor to make payments properly to
Subcontractors or for labor, materials or equipment;
D. reasonable evidence that the Work cannot be completed for the
unpaid balance of the Contract Sum;
E. damage to Town or another contractor;
F. reasonable evidence that the Work will not be completed within
the Contract Time (or otherwise by Town), and that the unpaid balance would not be
adequate to cover actual or liquidated damages for the anticipated delay; or
G. persistent failure to carry out the Work in accordance with the
Contract Documents.
4.4 Joint/Direct Checks. Payments to Contractor may be made by checks
payable jointly to Contractor and its employees, agents, subcontractors and suppliers, or
any of them, and when in the sole opinion of Town it is advisable, payments may be
made directly to Contractor's subcontractors and any amount so paid shall be deducted
from the amounts owed to Contractor under this Contract.
4.5 Payment Not A Waiver. No payment (nor use or occupancy of the Project
by Town) shall be deemed acceptance or approval of the Work or as a waiver of any
claims, rights, or remedies of Town.
4.6 Liens and Bond Claims. Contractor shall make all payments, in the time
required, of all labor and materials furnished to Contractor in the course of the Work and
shall promptly furnish evidence of such payments as Town may require. Contractor shall
pay when due all claims arising out of performance of the Work covered by this Contract
for which a lien may be filed either against the real estate or leasehold interest of Town,
or against payments due from Town to Contractor, or for which a claim may be made
against any payment or performance bond or both. To the fullest extent permitted by
law, Contractor agrees that no liens or other claims in the nature of a lien against the real
estate, leasehold, or other interest of Town, against payment due from Town to
Contractor, or against any payment or performance bond, shall be filed or made in
connection with the Work by any party who has supplied professional services, labor,
materials, machinery, fixtures, tools, or equipment used in or in connection with the
performance of this Contract, and Contractor agrees to remove or to cause to be removed
any such liens or claims in the nature of a lien or bond claim within ten (10) days upon
receiving notice or obtaining actual knowledge of the existence of such liens or claims.
In addition, Contractor agrees to defend, indemnify, and hold harmless Town from and
against any and all such liens and claims. This paragraph does not apply to claims and
liens of Contractor due to non-payment for Work performed.
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5. Documents. All documents, including any intellectual property rights thereto,
prepared and submitted to the Town pursuant to this Agreement shall be the property of the
Town.
6. Contractor Personnel. Contractor shall provide adequate, experienced personnel,
capable of and devoted to the successful performance of the Services under this Agreement.
Contractor agrees to assign specific individuals to key positions. Contractor agrees that, upon
commencement of the Services to be performed under this Agreement, key personnel shall not
be removed or replaced without prior written notice to the Town. If key personnel are not
available to perform the Services for a continuous period exceeding 30 calendar days, or are
expected to devote substantially less effort to the Services than initially anticipated, Contractor
shall immediately notify the Town of same and shall, subject to the concurrence of the Town,
replace such personnel with personnel possessing substantially equal ability and qualifications.
7. Inspection; Acceptance. All work shall be subject to inspection and acceptance
by the Town at reasonable times during Contractor’s performance. The Contractor shall provide
and maintain a self-inspection system that is acceptable to the Town.
8. Licenses; Materials. Contractor shall maintain in current status all federal, state
and local licenses and permits required for the operation of the business conducted by the
Contractor, without limitation, all of Contractor’s applicable licenses issued by the Arizona
Registrar of Contractors. The Town has no obligation to provide Contractor, its employees or
subcontractors any business registrations or licenses required to perform the specific services set
forth in this Agreement. The Town has no obligation to provide tools, equipment or material to
Contractor.
9. Work Standards, Warranties and Correction of Work. All materials and any other
items incorporated into the Work shall be new, and all Work shall be of good and workmanlike
quality and completed in strict conformance with all applicable laws, rules and regulations and
the plans, specifications, schedules, Contract Documents and all other terms and conditions of
the Contract.
9.1 Express Warranties. Within fourteen (14) days of the completion of the
Work (or at such earlier time as requested by Town), Contractor shall execute and deliver to
Town all warranties regarding the Work required by the Project plans and specifications. These
warranties shall be in form and content satisfactory to Town, and any other person reasonably
requested by Town, or Town’s lender(s).
9.2 Standard Warranty. In the absence of any requirement for warranties in
the Project specifications, Contractor hereby warrants that the Work shall be free of any defects
in quality or workmanship for a period of two (2) years after the date of completion and
acceptance of the Project by Town.
9.3 Correction of Work. The Contractor shall promptly correct Work rejected
by the Project Engineer, Project Manager, or Town as failing to conform to the requirements of
the Contract Documents. The Contractor shall bear the cost of correcting such rejected Work. In
addition to the Contractor’s other obligations including warranties under the Contract, the
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Contractor shall, for a period of (two) 2 years after Substantial Completion, correct work not
conforming to the requirements of the Contract Documents. If the Contractor fails to correct
nonconforming Work within a reasonable time, Town may correct it and the Contractor shall
reimburse Town for the cost of correction.
10. Indemnification. To the fullest extent permitted by law, the Contractor shall
indemnify and hold harmless the Town and each council member, officer, employee or agent
thereof (the Town and any such person being herein called an “Indemnified Party”), for, from
and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not
limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to
which any such Indemnified Party may become subject, under any theory of liability whatsoever
(“Claims”) to the extent that such Claims (or actions in respect thereof) are caused by the
negligent acts, recklessness or intentional misconduct of the Contractor, its officers, employees,
agents, or any tier of subcontractor in connection with Contractor’s work or services in the
performance of this Agreement. The amount and type of insurance coverage requirements set
forth below will in no way be construed as limiting the scope of the indemnity in this Section.
11. Insurance.
11.1 General.
A. Insurer Qualifications. Without limiting any obligations or
liabilities of Contractor, Contractor shall purchase and maintain, at its own expense,
hereinafter stipulated minimum insurance with insurance companies authorized to do
business in the State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended,
with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the
Town. Failure to maintain insurance as specified herein may result in termination of this
Agreement at the Town’s option.
B. No Representation of Coverage Adequacy. By requiring insurance
herein, the Town does not represent that coverage and limits will be adequate to protect
Contractor. The Town reserves the right to review any and all of the insurance policies
and/or endorsements cited in this Agreement but has no obligation to do so. Failure to
demand such evidence of full compliance with the insurance requirements set forth in this
Agreement or failure to identify any insurance deficiency shall not relieve Contractor
from, nor be construed or deemed a waiver of, its obligation to maintain the required
insurance at all times during the performance of this Agreement.
C. Additional Insured. All insurance coverage, except Workers’
Compensation insurance and Professional Liability insurance, if applicable, shall name,
to the fullest extent permitted by law for claims arising out of the performance of this
Agreement, the Town, its agents, representatives, officers, directors, officials and
employees as Additional Insured as specified under the respective coverage sections of
this Agreement.
D. Coverage Term. All insurance required herein shall be maintained
in full force and effect until all work or services required to be performed under the terms
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of this Agreement are satisfactorily performed, completed and formally accepted by the
Town, unless specified otherwise in this Agreement.
E. Primary Insurance. Contractor’s insurance shall be primary
insurance with respect to performance of this Agreement and in the protection of the
Town as an Additional Insured.
F. Claims Made. In the event any insurance policies required by this
Agreement are written on a “claims made” basis, coverage shall extend, either by keeping
coverage in force or purchasing an extended reporting option, for three years past
completion and acceptance of the services. Such continuing coverage shall be evidenced
by submission of annual Certificates of Insurance citing applicable coverage is in force
and contains the provisions as required herein for the three-year period.
G. Waiver. All policies, except for Professional Liability, including
Workers’ Compensation insurance, shall contain a waiver of rights of recovery
(subrogation) against the Town, its agents, representatives, officials, officers and
employees for any claims arising out of the work or services of Contractor. Contractor
shall arrange to have such subrogation waivers incorporated into each policy via formal
written endorsement thereto.
H. Policy Deductibles and/or Self-Insured Retentions. The policies
set forth in these requirements may provide coverage that contains deductibles or self-
insured retention amounts. Such deductibles or self-insured retention shall not be
applicable with respect to the policy limits provided to the Town. Contractor shall be
solely responsible for any such deductible or self-insured retention amount.
I. Use of Subcontractors. If any work under this Agreement is
subcontracted in any way, Contractor shall execute written agreements with its
subcontractors containing the indemnification provisions set forth in this Section and
insurance requirements set forth herein protecting the Town and Contractor. Contractor
shall be responsible for executing any agreements with its subcontractors and obtaining
certificates of insurance verifying the insurance requirements.
J. Evidence of Insurance. Prior to commencing any work or services
under this Agreement, Contractor will provide the Town with suitable evidence of
insurance in the form of certificates of insurance and a copy of the declaration page(s) of
the insurance policies as required by this Agreement, issued by Contractor’s insurance
insurer(s) as evidence that policies are placed with acceptable insurers as specified herein
and provide the required coverages, conditions and limits of coverage specified in this
Agreement and that such coverage and provisions are in full force and effect.
Confidential information such as the policy premium may be redacted from the
declaration page(s) of each insurance policy, provided that such redactions do not alter
any of the information required by this Agreement. The Town shall reasonably rely upon
the certificates of insurance and declaration page(s) of the insurance policies as evidence
of coverage but such acceptance and reliance shall not waive or alter in any way the
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insurance requirements or obligations of this Agreement. If any of the policies required
by this Agreement expire during the life of this Agreement, it shall be Contractor’s
responsibility to forward renewal certificates and declaration page(s) to the Town 30 days
prior to the expiration date. All certificates of insurance and declarations required by this
Agreement shall be identified by referencing the RFQ number and title or this
Agreement. A $25.00 administrative fee shall be assessed for all certificates or
declarations received without the appropriate RFQ number and title or a reference to this
Agreement, as applicable. Additionally, certificates of insurance and declaration page(s)
of the insurance policies submitted without referencing the appropriate RFQ number and
title or a reference to this Agreement, as applicable, will be subject to rejection and may
be returned or discarded. Certificates of insurance and declaration page(s) shall
specifically include the following provisions:
(1) The Town, its agents, representatives, officers, directors,
officials and employees are Additional Insureds as follows:
(a) Commercial General Liability – Under Insurance
Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent.
(b) Auto Liability – Under ISO Form CA 20 48 or
equivalent.
(c) Excess Liability – Follow Form to underlying
insurance.
(2) Contractor’s insurance shall be primary insurance with
respect to performance of this Agreement.
(3) All policies, except for Professional Liability, including
Workers’ Compensation, waive rights of recovery (subrogation) against Town, its
agents, representatives, officers, officials and employees for any claims arising
out of work or services performed by Contractor under this Agreement.
(4) ACORD certificate of insurance form 25 (2014/01) is
preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the
phrases in the cancellation provision “endeavor to” and “but failure to mail such
notice shall impose no obligation or liability of any kind upon the company, its
agents or representatives” shall be deleted. Certificate forms other than ACORD
form shall have similar restrictive language deleted.
11.2 Required Insurance Coverage.
A. Commercial General Liability. Contractor shall maintain
“occurrence” form Commercial General Liability insurance with an unimpaired limit of
not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed
Operations Annual Aggregate and a $2,000,000 General Aggregate Limi t. The policy
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shall cover liability arising from premises, operations, independent contractors, products -
completed operations, personal injury and advertising injury. Coverage under the policy
will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof,
including but not limited to, separation of insured’s clause. To the fullest extent allowed
by law, for claims arising out of the performance of this Agreement, the Town, its agents,
representatives, officers, officials and employees shall be cited as an Additional Insured
under ISO, Commercial General Liability Additional Insured Endorsement form CG 20
10 03 97, or equivalent, which shall read “Who is an Insured (Section II) is amended to
include as an insured the person or organization shown in the Schedule, but only with
respect to liability arising out of “your work” for that insured by or for you.” If any
Excess insurance is utilized to fulfill the requirements of this subsection, such Excess
insurance shall be “follow form” equal or broader in coverage scope than underlying
insurance.
B. Vehicle Liability. Contractor shall maintain Business Automobile
Liability insurance with a limit of $1,000,000 each occurrence on Contractor’s owned,
hired and non-owned vehicles assigned to or used in the performance of the Contractor’s
work or services under this Agreement. Coverage will be at least as broad as ISO
coverage code “1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the
fullest extent allowed by law, for claims arising out of the performance of this
Agreement, the Town, its agents, representatives, officers, directors, officials and
employees shall be cited as an Additional Insured under ISO Business Auto policy
Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance
is utilized to fulfill the requirements of this subsection, such Excess insurance shall be
“follow form” equal or broader in coverage scope than underlying insurance.
C. Professional Liability. If this Agreement is the subject of any
professional services or work, or if the Contractor engages in any professional services or
work in any way related to performing the work under this Agreement, the Contractor
shall maintain Professional Liability insurance covering negligent errors and omissions
arising out of the Services performed by the Contractor, or anyone employed by the
Contractor, or anyone for whose negligent acts, mistakes, errors and omissions the
Contractor is legally liable, with an unimpaired liability insurance limit of $2,000,000
each claim and $2,000,000 annual aggregate.
D. Workers’ Compensation Insurance. Contractor shall maintain
Workers’ Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction over Contractor’s employees engaged in the performance of
work or services under this Agreement and shall also maintain Employers Liability
Insurance of not less than $500,000 for each accident, $500,000 disease for each
employee and $1,000,000 disease policy limit.
11.3 Cancellation and Expiration Notice. Insurance required herein shall not
expire, be canceled, or be materially changed without 30 days’ prior written notice to the Town.
12. Termination; Cancellation.
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12.1 For Town’s Convenience. This Agreement is for the convenience of the
Town and, as such, may be terminated without cause after receipt by Contractor of written notice
by the Town. Upon termination for convenience, Contractor shall be paid for all undisputed
services performed to the termination date.
12.2 For Cause. If either party fails to perform any obligation pursuant to this
Agreement and such party fails to cure its nonperformance within 30 days after notice of
nonperformance is given by the non-defaulting party, such party will be in default. In the event
of such default, the non-defaulting party may terminate this Agreement immediately for cause
and will have all remedies that are available to it at law or in equity including, without limitation,
the remedy of specific performance. If the nature of the defaulting party’s nonperformance is
such that it cannot reasonably be cured within 30 days, then the defaulting party will have such
additional periods of time as may be reasonably necessary under the circumstances, provided the
defaulting party immediately (A) provides written notice to the non-defaulting party and (B)
commences to cure its nonperformance and thereafter diligently continues to completion the cure
of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of
such termination for cause, payment shall be made by the Town to the Contractor for the
undisputed portion of its fee due as of the termination date.
12.3 Due to Work Stoppage. This Agreement may be terminated by the Town
upon 30 days’ written notice to Contractor in the event that the Services are permanently
abandoned. In the event of such termination due to work stoppage, payment shall be made by
the Town to the Contractor for the undisputed portion of its fee due as of the termination date.
12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ.
REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further
obligations by the Town or any of its departments or agencies if any person significantly
involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the
Town or any of its departments or agencies is, at any time while this Agreement or any extension
of this Agreement is in effect, an employee of any other party to this Agreement in any capacity
or a consultant to any other party of this Agreement with respect to the subject matter of this
Agreement.
12.5 Gratuities. The Town may, by written notice to the Contractor, cancel this
Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future
employment, entertainment, gifts or otherwise, were offered or given by the Contractor or any
agent or representative of the Contractor to any officer, agent or employee of the Town for the
purpose of securing this Agreement. In the event this Agreement is canceled by the Town
pursuant to this provision, the Town shall be entitled, in addition to any other rights and
remedies, to recover and withhold from the Contractor an amount equal to 150% of the gratuity.
12.6 Agreement Subject to Appropriation. This Agreement is subject to the
provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of
this Agreement for payment of funds by the Town shall be effective when funds are appropriated
for purposes of this Agreement and are actually available for payment. The Town shall be the
sole judge and authority in determining the availability of funds under this Agreement and the
Town shall keep the Contractor fully informed as to the availability of funds for this Agreement.
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The obligation of the Town to make any payment pursuant to this Agreement is a current
expense of the Town, payable exclusively from such annual appropriations, and is not a general
obligation or indebtedness of the Town. If the Town Council fails to appropriate money
sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding
fiscal year, this Agreement shall terminate at the end of then-current fiscal year and the Town
and the Contractor shall be relieved of any subsequent obligation under this Agreement.
12.7 Upon any termination of the Contract, no further payments shall be due
from Town to Contractor unless and until Contractor has delivered to Town any and all
documentation required to be maintained by Contractor or provided by Contractor to Town.
12.8 Under no circumstances shall Town have any liability for any costs,
expenses, overhead, or profits in relation to any work not actually performed, or for any future or
anticipated profits, recovery, damages, expenses, or loses.
13. Miscellaneous.
13.1 Independent Contractor. It is clearly understood that each party will act in
its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the
other. An employee or agent of one party shall not be deemed or construed to be the employee
or agent of the other for any purpose whatsoever. The Contractor acknowledges and agrees that
the Services provided under this Agreement are being provided as an independent contractor, not
as an employee or agent of the Town. Contractor, its employees and subcontractors are not
entitled to workers’ compensation benefits from the Town. The Town does not have the
authority to supervise or control the actual work of Contractor, its employees or subcontractors.
The Contractor, and not the Town, shall determine the time of its performance of the Services
provided under this Agreement so long as Contractor meets the requirements of its agreed Scope
of Work as set forth in Section 2 above. Contractor is neither prohibited from entering into other
contracts nor prohibited from practicing its profession elsewhere. Town and Contractor do not
intend to nor will they combine business operations under this Agreement.
13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of
the State of Arizona and suit pertaining to this Agreement may be brought only in courts in
Maricopa County, Arizona.
13.3 Laws and Regulations. Contractor shall keep fully informed and shall at
all times during the performance of its duties under this Agreement ensure that it and any person
for whom the Contractor is responsible abides by, and remains in compliance with, all rules,
regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the
following: (A) existing and future Town and County ordinances and regulations; (B) existing and
future State and Federal laws; and (C) existing and future Occupational Safety and Health
Administration standards.
13.4 Amendments. This Agreement may be modified only by a written
amendment signed by persons duly authorized to enter into contracts on behalf of the Town and
the Contractor.
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13.5 Provisions Required by Law. Each and every provision of law and any
clause required by law to be in this Agreement will be read and enforced as though it were
included herein and, if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party, this Agreement will promptly be
physically amended to make such insertion or correction.
13.6 Severability. The provisions of this Agreement are severable to the extent
that any provision or application held to be invalid by a Court of competent jurisdiction shall not
affect any other provision or application of this Agreement which may remain in effect without
the invalid provision or application.
13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement
represents the entire agreement of the parties with respect to its subject matter, and all previous
agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and
superseded by this Agreement. No representations, warranties, inducements or oral agreements
have been made by any of the parties except as expressly set forth herein, or in any other
contemporaneous written agreement executed for the purposes of carrying out the provisions of
this Agreement. This Agreement shall be construed and interpreted according to its plain
meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting
this Agreement. The parties acknowledge and agree that each has had the opportunity to seek
and utilize legal counsel in the drafting of, review of, and entry into this Agreement.
13.8 Assignment; Delegation. No right or interest in this Agreement shall be
assigned or delegated by Contractor without prior, written permission of the Town, signed by the
Town Manager. Any attempted assignment or delegation by Contractor in violation of this
provision shall be a breach of this Agreement by Contractor.
13.9 Subcontracts. No subcontract shall be entered into by the Contractor with
any other party to furnish any of the material or services specified herein without the prior
written approval of the Town. The Contractor is responsible for performance under this
Agreement whether or not subcontractors are used. Failure to pay subcontractors in a timely
manner pursuant to any subcontract shall be a material breach of this Agreement by Contractor.
13.10 Rights and Remedies. No provision in this Agreement shall be construed,
expressly or by implication, as waiver by the Town of any existing or future right and/or remedy
available by law in the event of any claim of default or breach of this Agreement. The failure of
the Town to insist upon the strict performance of any term or condition of this Agreement or to
exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or
the Town’s acceptance of and payment for services, shall not release the Contractor from any
responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a
waiver of any right of the Town to insist upon the strict performance of this Agreement.
13.11 Attorneys’ Fees. In the event either party brings any action for any relief,
declaratory or otherwise, arising out of this Agreement or on account of any breach or default
hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’
fees and reasonable costs and expenses, determined by the court sitting without a jury, which
B-14
shall be deemed to have accrued on the commencement of such action and shall be en forced
whether or not such action is prosecuted through judgment.
13.12 Liens. All materials or services shall be free of all liens and, if the Town
requests, a formal release of all liens shall be delivered to the Town.
13.13 Offset.
A. Offset for Damages. In addition to all other remedies at law or
equity, the Town may offset from any money due to the Contractor any amounts
Contractor owes to the Town for damages resulting from breach or deficiencies in
performance or breach of any obligation under this Agreement.
B. Offset for Delinquent Fees or Taxes. The Town may offset from
any money due to the Contractor any amounts Contractor owes to the Town for
delinquent fees, transaction privilege taxes and property taxes, including any interest or
penalties.
13.14 Notices and Requests. Any notice or other communication required or
permitted to be given under this Agreement shall be in writing and shall be deemed to have been
duly given if (A) delivered to the party at the address set forth below, (B) dep osited in the U.S.
Mail, registered or certified, return receipt requested, to the address set forth below or (C) given
to a recognized and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Grady E. Miller, Town Manager
With copy to: Town of Fountain Hills
4711 East Falcon Drive, Suite 111
Mesa, Arizona 85215
Attn: Aaron D. Arnson, Town Attorney
If to Contractor: K2 Electric, LLC
4038 East Superior Avenue
Phoenix, Arizona 85040
Attn: Matt Kuiper, Vice President
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 (A) when delivered to the party, (B) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (C) 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 abo ve
governing the date on which a notice is deemed to have been received by a party shall mean and
B-15
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.
13.15 Confidentiality of Records. The Contractor shall establish and maintain
procedures and controls that are acceptable to the Town for the purpose of ensuring that
information contained in its records or obtained from the Town or from others in carrying out its
obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or
employees, except as required to perform Contractor’s duties under this Agreement. Persons
requesting such information should be referred to the Town. Contractor also agrees that any
information pertaining to individual persons shall not be divulged other than to employees or
officers of Contractor as needed for the performance of duties under this Agreement.
13.16 Records and Audit Rights. To ensure that the Contractor and its
subcontractors are complying with the warranty under subsection 13.17 below, Contractor’s and
its subcontractor’s 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 t o
audit and/or reproduction during normal working hours by the Town, to the extent necessary to
adequately permit (A) evaluation and verification of any invoices, payments or claims based on
Contractor’s and its subcontractors’ actual costs (including direct and indirect costs and overhead
allocations) incurred, or units expended directly in the performance of work under this
Agreement and (B) evaluation of the Contractor’s and its subcontractors’ compliance with the
Arizona employer sanctions laws referenced in subsection 13.17 below. To the extent necessary
for the Town to audit Records as set forth in this subsection, 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 subsection. 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 subsection by insertion of the requirements hereof in any
subcontract pursuant to this Agreement.
13.17 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 subcontractor’s 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.
13.18 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.
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13.19 Conflicting Terms. In the event of any inconsistency, conflict or
ambiguity among the terms of this Agreement, the Scope of Work, the Fee Proposal, the RFQ
and the Contractor’s SOQ, the documents shall govern in the order listed herein.
13.20 Non-Exclusive Contract. This Agreement is entered into with the
understanding and agreement that it is for the sole convenience of the Town. The Town reserves
the right to obtain like goods and services from another source when necessary.
13.21 Cooperative Purchasing. Specific eligible political subdivisions and
nonprofit educational or public health institutions (“Eligible Procurement Unit(s)”) are permitted
to utilize procurement agreements developed by the Town, at their discretion and with the
agreement of the awarded Contractor. Contractor may, at its sole discretion, accept orders from
Eligible Procurement Unit(s) for the purchase of the Materials and/or Services at the prices and
under the terms and conditions of this Agreement, in such quantities and configurations as may
be agreed upon between the parties. All cooperative procurements under this Agreement shall be
transacted solely between the requesting Eligible Procurement Unit and Contractor. Payment for
such purchases will be the sole responsibility of the Eligible Procurement Unit. The exercise of
any rights, responsibilities or remedies by the Eligible Procurement Unit shall be the exclusive
obligation of such unit. The Town assumes no responsibility for payment, performance or any
liability or obligation associated with any cooperative procurement under this Agreement. The
Town shall not be responsible for any disputes arising out of transactions made by others.
13.22 Special Provisions. The Contract created by this request and the resulting
request for qualifications will automatically renew for up to four successive one-year terms,
unless the Vendor notifies the Town in writing of its desire to terminate the Contract. If
extended, the then-current prices shall be applicable during the subsequent renewal year unless
the Vendor notifies the Town in writing of any rate increase and the Town approves the increase
with an authorized signature, prior to the end of the then-current term.
[SIGNATURES ON FOLLOWING PAGES]
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
Grady E. Miller, Town Manager
ATTEST:
Elizabeth A. Burke, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
Grady E. Miller (Nov 23, 2020 15:37 MST)
Grady E. Miller
Elizabeth A. Burke (Nov 24, 2020 07:37 MST)
Elizabeth A. Burke
“Contractor”
____________________________________,
By:
Name:
Title:
K2 ELECTRIC, LLC.
Vice President
Matt Kuiper
EXHIBIT A
TO
JOB ORDER MASTER AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
K2 ELECTRIC, LLC.
[Contractor’s SOQ]
See following pages.
TOWN OF FOUNTAIN HILLS
GENERAL ELECTRICAL SERVICES
SOLICITATION NO: 2021-008
SEPTEMBER 24, 2020
A STATEMENT OF
QUALIFICATIONS FROM
COPY
Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
RE: (2021-008) General Electrical Services JOC
Dear Selection Committee,
On behalf of K2 Electric (K2), thank you for the opportunity to present our qualifications for the Town of Fountain Hills General Electrical
Services. As an electrical contractor who self-performs 90% of our revenue, our team is multifaceted in all aspects of electrical construction
with extensive experience in jobs and contracts similar to a JOC. Our team brings project diversity for large projects and small service-based
work which best suits your JOC program. We have years of experience and knowledge managing multiple jobs ranging in size and scope.
The K2 team, led by Matt Kuiper (Senior Project Manager) has over 16 years of experience leading teams and more than 40 successfully
completed job order-type contract projects in his career. He will be the main point of contact for the Town of Fountain Hills from contract
negotiation to the completion of each job order. Jared Kredit (Project Executive), Casey Kotzenmacher (Project Manager) and James Clark
(Field Operations) will support Matt throughout the contract in each of their respective roles.
Our team is the best fit for this project for the key reasons listed below:
JOC Understanding/Experience: Our team has completed more than 100 alternative delivery method projects and understands the process
and need for a job order contract delivery method. K2 excels in negotiated work, where we are selected based on our proven track record
and have the ability to add to our 87% repeat client rate.
Proven Track Record: This is what we do best – long standing contracts and relationships with entities. Completing more than $156 million
in contract revenue of electrical construction since 2003, our team has the experience and ability to successfully complete this Job Order
Contract. In addition, self-performing general commercial building electrical, landscape lighting, standby generator installation, PV solar
installation, SES installs and upgrades, R.V. pedestals, and low volt allows our team to complete the majority of scopes that may arise during
the term of the contract.
Staffing and Resources: With more than 130 employees and twelve fully-equipped and stocked service vehicles, we have the crews available to start work on this contract immediately. The Town of Fountain Hills will benefit from our recent extensive work with very similar project requirements, all that have been done successfully by our proposed team.
K2 Electric has read and understood all the elements laid out in the Electrical Engineering Services Contract. K2 Electric upcharges
for after hours and weekend work. Please do not hesitate to contact us with any additional questions regarding our response or the firm.
Thank you in advance for your consideration and we look forward to the next step in the selection process.
Sincerely,
Jared Kredit
President
602.762.0255 | jkredit@k2elec.com
K2 ELECTRIC | 4038 EAST SUPERIOR AVENUE, SUITE 102, PHOENIX ARIZONA | 602.454.7800
A. GENERAL INFORMATION
1
2K2 ELECTRIC | TOWN OF FOUNTAIN HILLS SOLICITATION NO. 2021-008
A. GENERAL INFORMATION
ORGANIZATIONAL CHART
Key team members were
selected based on their
background and experience
and vast knowledge. Our
resources and availability,
coupled together with a 90%
self-performance rate, makes
K2 Electric the best choice
for the Town of Fountain Hills
General Electrical Services Job
Order Contract.
8. Vendor Form
The Vendor Information Form is
included in the Appendix.
2. Vendor Identification
Information
LEGAL ORGANIZATION
K2 Electric, LLC
4038 E Superior Avenue
Suite 102
Phoenix, AZ 85040
83-345899 / 323967
K2 Electric is a limited liability
company.
3. Location of Principal
Office
K2 Electric’s primary location
is 4038 E. Superior Avenue,
Suite 102, Phoenix AZ 85040.
This is our local office that will
be performing the work for this
JOC contract.
4. General Description
K2 Electric (K2) was started
by Dean and Marna Kredit
in 2003. K2 has since grown
to have over 130 employees
with a preconstruction,
construction contracting
division and full service
department. K2’s top priority
is safety, with an emphasis
on client communication and
responsiveness.
K2 has proposed a dynamic
team who understands the
big picture goals of each job
order and know that the small
details of a project are what
makes it successful. Having
a team that is familiar with
the JOC process, they bring
great value to the Town of
Fountain Hills. K2 prides itself
on their responsiveness and
accessibility to their leadership
team which gives the ability to
provide answers and solutions
at any time.
5. Contract or Subcontract
Termination
K2 has never had any contract
or subcontract terminated.
6. Claims, Litigation or
Arbitration
K2 has not had any claims
arising from the contract
owner resulting in litigations or
arbitrations.
7. Debarment by Federal,
State or Local Government
K2 has never been debarred
by any federal, state or local
government entity within the
last five years.
Jared Kredit
Project Executive
Matt Kuiper
Senior Project
Manager
Jeremy Keehn
Field Technician
James
Gambescia
Field Technician
Brad Donnelly
Field Technician
Nicole Gambescia
JOC Coordinator
Casey
Kotzenmacher
Project Manager
James Clark
Field Operations
3K2 ELECTRIC | TOWN OF FOUNTAIN HILLS SOLICITATION NO. 2021-008
B. EXPERIENCE AND QUALIFICATIONS OF THE VENDOR
1. & 2. Similar Project Experience
PROJECT #2. HUMANA
ONGOING MAINTENANCE
a. COMPANY/ORGANIZATION
Humana
b. CONTACT NAME
Carlos Clayton
c. CONTACT INFORMATION
4302 W. Buckeye Rd. Ste. 109
Phoenix, AZ 85043
775-870-2410, cclayton4@humana.
com
d. SERVICES PROVIDED
K2 performed panel change outs,
controls installation and E-stops for
pharmaceutical conveyor systems as
well as routine electrical maintenance.
K2 assists Humana with cable tray
installs and running communication
and control wires while providing and
installing new outlets and circuitry for
work stations.
e. DATES OF CONTRACT INITIATION
AND EXPIRATION
2018 - Present
PROJECT #1. SWD ONGOING
MAINTENANCE
a. COMPANY/ORGANIZATION
SWD Urethane
b. CONTACT NAME
Kris Benson
c. CONTACT INFORMATION
539 S. Drew St, Mesa, AZ 85210
480-828-4011, kris.benson@
swdurethane.com
d. SERVICES PROVIDED
This is an ongoing contract for K2 for
an industrial facility. Scope includes
anything from general maintenance to
designing automated system controls.
K2 performs automated control design
which saves the Owner time from
concept to delivery of the system for
manufacturing use. This facility requires
extra safety precautions due to the
hazardous chemical environment.
e. DATES OF CONTRACT INITIATION
AND EXPIRATION
1/2018 - Present
PROJECT
SIMILARITIES:
TROUBLESHOOTING &
REPAIRING EXISTING
ELECTRICAL SYSTEMS
NEW INSTALLATION OF
ELECTRICAL COMPONENTS
GENERAL MAINTENANCE
REPAIR OF EXITING WIRING
REPLACEMENT OF
ELECTRICAL EQUIPMENT
EMERGENCY & AFTER
HOURS WORK
PROJECT
SIMILARITIES:
TROUBLESHOOTING &
REPAIRING EXISTING
ELECTRICAL SYSTEMS
NEW INSTALLATION OF
ELECTRICAL COMPONENTS
GENERAL MAINTENANCE
REPAIR OF EXITING WIRING
EMERGENCY & AFTER HOURS
WORK
4K2 ELECTRIC | TOWN OF FOUNTAIN HILLS SOLICITATION NO. 2021-008
B. EXPERIENCE AND QUALIFICATIONS OF THE VENDOR
PROJECT #3. WESTWORLD
a. COMPANY/ORGANIZATION
City of Scottsdale
b. CONTACT NAME
Craig Taylor
c. CONTACT INFORMATION
7477 E. Indian School Rd. Ste. 205
Scottsdale, AZ 85251
602-819-7738, ctaylor@scottsdaleaz.
gov
d. SERVICES PROVIDED
K2 provided all necessary field
evaluation of electrical equipment, Arc
Flash and device coordination studies
as requested by the City of Scottsdale
at Westworld of Scottsdale on fifteen
electrical services for the purpose of an
Arc Flash study. Individual reports were
provided for each electrical service
along with Arc Flash labels placed on
all equipment.
E. DATES OF CONTRACT INITIATION
AND EXPIRATION
6/3/2020 - 9/31/2020
PROJECT #4. CACTUS SOLAR
LIGHT
a. COMPANY/ORGANIZATION
City of Scottsdale
b. CONTACT NAME
Justin Kinsler
c. CONTACT INFORMATION
7477 E. Indian School Rd. Ste. 205
Scottsdale, AZ 85251
480-312-2619 jkinsler@scottsdaleaz.
gov
d. SERVICES PROVIDED
K2 provided and installed three
solar powered lights with motion
sensors in underpass. Conduit and
wire were installed from sensors to
lights for control purposes. Installed
one pole with solar panels as battery
backup. Worked with city inspector
to coordinate and schedule required
inspections.
e. DATES OF CONTRACT INITIATION
AND EXPIRATION
3/20/2020 - 4/30/2020
PROJECT
SIMILARITIES:
TROUBLESHOOTING &
REPAIRING EXISTING
ELECTRICAL SYSTEMS
EMERGENCY & AFTER
HOURS WORK
PROJECT
SIMILARITIES:
TROUBLESHOOTING &
REPAIRING EXISTING
ELECTRICAL SYSTEMS
NEW INSTALLATION OF
ELECTRICAL COMPONENTS
REPLACEMENT OF ELECTRICAL
EQUIPMENT
EMERGENCY & AFTER HOURS
WORK
5K2 ELECTRIC | TOWN OF FOUNTAIN HILLS SOLICITATION NO. 2021-008
B. EXPERIENCE AND QUALIFICATIONS OF THE VENDOR
PROJECT #5. PENDERGAST
SECURITY OFFICE REMODELS
a. COMPANY/ORGANIZATION
Chasse Building Team
b. CONTACT NAME
Matt Wedding
c. CONTACT INFORMATION
230 S. Siesta Lane, Tempe, AZ 85281
602-499-2351, mwedding@chasse.us
d. SERVICES PROVIDED
This project consisted of six different
schools enhancing the entry and front
offices to eliminate safety concerns.
The schedule needed to be completed
in six weeks while school was on
summer break. K2 worked diligently
to complete this project on time while
managing six different job sites.
e. DATES OF CONTRACT INITIATION
AND EXPIRATION
6/2019 - 8/2019
PROJECT #6. MARICOPA
COUNTY CAVE CREEK PUMP
STATION
a. COMPANY/ORGANIZATION
Caliente Construction
b. CONTACT NAME
Justin Miller
c. CONTACT INFORMATION
485 W. Vaughn St. Tempe, AZ 85283
602-421-0577, jmiller@
calienteconstruction.com
d. SERVICES PROVIDED
Maricopa County was redesigning
the Cave Creek Pump Station and
needed to upgrade the existing power
distribution system. K2 suggested
to change the design, transitioning
the shut down without affecting
the connecting Nature Center. K2
prepped in advance to perform a
4-hour shutdown instead of the original
contracted 2-week shutdown time.
e. DATES OF CONTRACT INITIATION
AND EXPIRATION
6/2019 - 7/2019
PROJECT
SIMILARITIES:
TROUBLESHOOTING &
REPAIRING EXISTING
ELECTRICAL SYSTEMS
NEW INSTALLATION OF
ELECTRICAL COMPONENTS
REPLACEMENT OF
ELECTRICAL EQUIPMENT
EMERGENCY & AFTER
HOURS WORK
PROJECT
SIMILARITIES:
TROUBLESHOOTING &
REPAIRING EXISTING
ELECTRICAL SYSTEMS
NEW INSTALLATION OF
ELECTRICAL COMPONENTS
REPLACEMENT OF ELECTRICAL
EQUIPMENT
EMERGENCY & AFTER HOURS
WORK
6K2 ELECTRIC | TOWN OF FOUNTAIN HILLS SOLICITATION NO. 2021-008
B. EXPERIENCE AND QUALIFICATIONS OF THE VENDOR
3. Licenses
K2 Electric’s CR-11 Electrical license is held by the firm, ROC 323967, issued 3/29/2019.
4. Ability to Perform Services
K2 is readily available with a skilled project team to execute this JOC. We are knowledgeable about your processes, systems, and
project requirements. With extensive electrical experience with multiple projects performed simultaneously and availability to serve the
City, K2 is confident that each job order will be completed on time and budget. Below is a table of the most recently completed projects
K2 has performed similar work within the Town.
PROJECTS
SIMILAR PROJECT ASPECTS Locations
Troubleshooting & Repairing Existing Electrical SystemsNew Installation of Electrical ComponentsGeneral MaintenanceRepair of Existing WiringReplacement of Electrical Equipment Emergency & After Hours WorkFacilitiesParksVCHS Softball Field Lighting
APG Packing Water Processing & Batching System
Great Hearts Football Field Lighting
Banner Support Services HVAC Upgrades
Total Wine 1010 Maintenance
Flip Switch Yoga TI
City of Tempe Papago Park Restroom Renovation JOC
7K2 ELECTRIC | TOWN OF FOUNTAIN HILLS SOLICITATION NO. 2021-008
B. EXPERIENCE AND QUALIFICATIONS OF THE VENDOR
Process and Techniques for Developing JOC Work
With a diverse portfolio of completed project scopes, our team excels in the ability to quickly
recognize and assess the entire cause and effect of a situation and performing a majority of the
scope required. K2 has excelled with JOC-type projects and will execute a successful contract for the
Town of Fountain Hills if selected. We pride ourselves on our level of responsiveness and ability to
provide answers and solutions to whatever is encountered. Our approach as your JOC contractor is
to provide the highest quality of work, while maintaining an unparalleled level of communication with
the Town throughout each job order. All task orders, no matter the scope, will follow our Job Order
Contract Process and Emergency Request Process that have been proven successful (see below).
ALL STEPS DONE WITHIN 24 HOURS
2. FILL OUT A SERVICE REQUEST FORM
3. SCHEDULING COORDINATOR RECEIVES REQUEST
1. RECEIVE NOTICE OF JOB ORDER REQUEST
4. ASSIGNED PERSONNEL CALLS CLIENT TO SCHEDULE KICK-OFF MEETING
JOC
PROCESS
EMERGENCY
REQUESTS
30-MINUTE CALLBACK ON-CALL FIELD OPERATIONS RECEIVES REQUEST FROM DISPATCH
SCOPE OF WORK TRANSMITTED & GOES OUT TO JOBSITE
“K2 has been an integral
part of our Trade
Contractor Team since
their inception. They have
gained and kept my trust
through the years and are a
dependable company that
makes their customer’s
needs a priority.”
- Noah Keegan
Construction Manager
Keegan Builders, Inc.
8K2 ELECTRIC | TOWN OF FOUNTAIN HILLS SOLICITATION NO. 2021-008
1. Key Personnel
K2 Electric has selected the following key personnel based on
their individual project success, collective work on similar scopes
of work, and workload availability. Together, our team possesses
141 years of experience and are confident that the Town of
Fountain Hill’s goals will be met. For full experience and resume
information, please see the Appendix.
JARED KREDIT
Project Executive
n Years with K2: 12
n Total Years Experience: 14
Jared excels at leading teams on projects of all size and scope.
He brings 14 years of leadership experience and electrical
knowledge to K2, and his greatest strength is his ability to
communicate across all levels of the organization. Jared also
makes it a priority to communicate with clients on every job to
guarantee client satisfaction. When issues arise, he is proactive
at providing resolutions to the Owner’s satisfaction to get the job
done on time and within budget. Jared’s role on this JOC is to
ensure K2 delivers on their commitment to the Town of Fountain
Hills throughout the contract from relationship management,
preconstruction and team assessments. He will work closely with
Matt Kuiper, Senior Project Manager.
Similar Projects:
1. SWD Ongoing Maintenance - Project Executive
2. Westworld - Project Executive
3. Cactus Solar Light - Project Executive
4. Pendergast Security Remodels - Project Executive
C. KEY POSITIONS
MATT KUIPER
Senior Project Manager
n Years with K2: 17
n Total Years Experience: 17
Matt will serve as the single point of contact for the Town of
Fountain Hills throughout this JOC to ensure all project and client
needs are met. He is an experienced Senior Project Manager with
high attention to detail and the most creative problem solver on
the K2 team. He brings a level of technical knowledge far superior
than most electricians and works with clients to solve for any issue
in real time.
He will be the contact to initiate, negotiate and execute each JOC
work order. Matt will work with Jared Kredit, Project Executive
during preconstruction, project closeout and team assessments.
During construction, Matt’s responsibilities will include oversight
for the overall project, safety, budget, schedule as well as
communicating project status to the Town of Fountain Hills. He
will conduct project coordination meetings to discuss necessary
adjustments to manpower, equipment and subcontractors required
to meet the project goals and schedule.
Similar Projects:
1. SWD Ongoing Maintenance - Senior Project Manager
2. Humana Ongoing Maintenance - Senior Project Manager
3. Westworld - Senior Project Manager
4. Cactus Solar Light - Senior Project Manager
5. Pendergast Security Remodels - Senior Project Manager
6. Maricopa County Cave Creek Pump Station - Senior Project
Manager
“I always appreciate the thorough and valuable input that K2 brings when construction managers bring
them to the table for constructability reviews.”
- Mark Davenport, Partner, SPS+ Architects
9K2 ELECTRIC | TOWN OF FOUNTAIN HILLS SOLICITATION NO. 2021-008
C. KEY POSITIONS
CASEY KOTZENMACHER
Project Manager
n Years with K2: 7
n Total Years Experience: 24
Casey is an experienced project manager and is dedicated to
delivering every project to the satisfaction of the Owner on time
and within budget. His role on this JOC is to provide detailed
information to the Town on all fronts, from estimating to RFIs and
will be a primary point of contact to ensure communication is a top
priority. Casey performs well in high stress environments and will
bring a high level of knowledge and leadership to this JOC.
Similar Projects:
1. Maricopa County Cave Creek Pump Station - Project Manager
2. Pendergast Security Remodels - Project Manager
6. Maricopa County Cave Creek Pump Station - Project Manager
JAMES CLARK
Field Operations
n Years with K2: 8
n Total Years Experience: 19
As the Field Operations on this JOC, James will be responsible
for managing team members and schedules to ensure adequate
manpower to complete all contracts. With 19 years of experience
working in all aspects of electrical and managing jobs, James is
solution-oriented and great at solving problems on the jobsite. He
is skilled at bringing jobs together quickly to get the work done to
meet the client’s goals and schedule.
Similar Projects:
1. SWD Ongoing Maintenance - Field Operations
2. Cactus Solar Light - Field Operations
3. Humana Ongoing Maintenance - Field Operations
4. Pendergast Security Remodels - Field Operations
6. Maricopa County Cave Creek Pump Station - Field Operations
JEREMY KEEHN
Field Technician
n Years with K2: 2
n Total Years Experience: 12
Jeremy brings over 12 years of electrical experience to K2 and
has expertise at understanding the client’s budget and goals on a
project. He has a strong aptitude for successfully running multiple
jobs at the same time in a very detailed manner. Jeremy will bring
a task-oriented mindset to this JOC with a focus on meeting your
goals. He is committed to providing a valued product and works
hard until the job is done right.
Similar Projects:
1. SWD Ongoing Maintenance - Field Technician
2. Humana Ongoing Maintenance - Field Technician
3. Westworld - Field Technician
4. Pendergast Security Remodels - Field Technician
JAMES GAMBESCIA
Field Technician
n Years with K2: 3
n Total Years Experience: 27
As a key member of the K2 team, James brings 27 years of
industry experience to this JOC with a primary focus on smaller
service work up to larger jobs. James is a highly skilled electrician
with strong attention to detail. He focuses on building relationships
with clients to ensure their satisfaction throughout the project.
James is also responsible for leading and mentoring team
members coming into the service program. He thrives on
developing team members and ensures each team member
is doing their part to get the job done right. In his role as Field
Technician, James will be responsible for adhering to deadlines
to ensure smooth project completions that are on schedule and
budget.
10K2 ELECTRIC | TOWN OF FOUNTAIN HILLS SOLICITATION NO. 2021-008
C. KEY POSITIONS
Similar Projects:
1. SWD Ongoing Maintenance - Field Technician
2. Humana Ongoing Maintenance - Field Technician
3. Cactus Solar Light - Field Technician
4. Pendergast Security Remodels - Field Technician
BRAD DONNELLY
Field Technician
n Years with K2: 3
n Total Years Experience: 35
Brad Donnelly brings 35 years of experience to the K2 team and is
a true asset with his breadth of electrical knowledge. He has worked
in all aspects of commercial electrical throughout his career and has
spent the last eight year focused on service-based jobs, working on
multiple jobs simultaneously. He is committed to getting the job done
right no matter what it takes and will work until the job is complete,
which is a benefit to K2’s clients. Brad will bring a high-level of detail
and knowledge to this JOC and ensure the job is done right.
Similar Projects:
1. SWD Ongoing Maintenance - Field Technician
2. Humana Ongoing Maintenance - Field Technician
3. Maricopa County Cave Creek Pump Station - Field Technician
4. Pendergast Security Remodels - Field Technician
“I have worked with K2 Electric for
over 15 years. Being a chief engineer
of commercial hi-rise properties I
have found that it is important to
have contractors that you can depend
upon and trust. K2 has always done
quality work at an affordable price.
The electricians that they have
sent to my properties have always
been knowledgeable and efficient.
They have done a number of larger
projects for me and have always
completed them on time. I have no
hesitation in recommending them for
any electrical projects.”
Steve Greenhalgh
Chief Building Engineer
Paragon Services, LLC
APPENDIX: VENDOR INFORMATION
TOWN OF FOUNTAIN HILLSCOMMUNITY SERVICES DEPARTMENT2020-008945164.3 ivIV.Vendor InformationBy submitting an SOQ, the submitting Vendor certifies that it has reviewed the entire RFQ, including Appendix A and Appendix B, if awarded the Agreement, agrees to be bound by all terms and conditions contained therein.VENDOR SUBMITTING SOQFEDERAL TAX ID NUMBERPRINTED NAME AND TITLEAUTHORIZED SIGNATUREADDRESSTELEPHONE FAX #CITY STATE ZIPDATEWEB SITE: E-MAIL ADDRESS: ROC License Numbers and Classifications: __________________________________________SMALL, MINORITY, DISADVANTAGED AND WOMEN-OWNED BUSINESS ENTERPRISES (check appropriate item(s):Small Business Enterprise (SBE)Minority Business Enterprise (MBE)Disadvantaged Business Enterprise (DBE)Women-Owned Business Enterprise (WBE)Has the Vendor been certified by any jurisdiction in Arizona as a minority or woman-owned business enterprise? If yes, please provide details and documentation of the certification.K2 Electric Matt Kuiper / Vice President 4038 E. Superior Ave. 480-206-6864Phoenix, AZ 850409/14/20www.K2elec.comMkuiper@k2elec.com 323967 CR-11 83-3435899
APPENDIX: RESUMES
K2 ELECTRIC | TOWN OF FOUNTAIN HILLS SOLICITATION NO. 2021-008
RESUMES
JARED KREDIT
PROJECT EXECUTIVE
YEARS WITH K2: 12
YEARS EXPERIENCE: 14
EDUCATION: BS, Business
Economics, University of Arizona’s
Eller College of Management
CERTIFICATIONS/TRAINING:
▪OSHA 10-Hour
▪McCormick Estimating Software Standard Training Class Certificate
▪AZ Builders Alliance (ABA)
Board Member and 2019 Young Builders Council Chairman
▪Microsoft Office Specialist: Excel Associate Certificate
▪ABA Leadership Development Forum Graduate (2017)
▪Certificate holder for 3 Leadership Management International Programs
▪Independent Electrical Contractors Association (IECA) Board Member (Former)
▪2015 IECA National 40 Under 40 Winner
BIOGRAPHY:
Jared excels at leading teams on projects of all size and scope.
He brings 14 years of leadership experience and electrical
knowledge to K2, and his greatest strength is his ability to
communicate across all levels of the organization. Jared
also makes it a priority to communicate with clients on every
job to guarantee client satisfaction. When issues arise, he is
proactive at providing resolutions to the Owner’s satisfaction
to get the job done on time and within budget. Jared’s role on
this JOC is to ensure K2 delivers on their commitment to the
Town of Fountain Hills throughout the contract from relationship
management, preconstruction and team assessments. He will
work closely with Matt Kuiper, Senior Project Manager.
KEY ATTRIBUTE
Provides knowledge and leadership skills and
excels at communicating across all levels of the
organization.
MATT KUIPER
SENIOR PROJECT
MANAGER
YEARS WITH K2: 17
YEARS EXPERIENCE: 17
EDUCATION:
▪Graduated 4-year IEC
Apprenticeship Program with
Journeyman Card from the
State of Arizona
CERTIFICATIONS/TRAINING:
▪10-Hour OSHA Certified
▪Level 2 Thermographer
▪Proficient in McCormick
Estimating Software
▪Aerial Work Platform Operator
Training
▪ABA Leadership Development
Forum Graduate (2018)
▪Received 2016 IEC National
Emerging Leader Award
BIOGRAPHY:
Matt will serve as the single point of contact for the Town of
Fountain Hills throughout this JOC to ensure all project and client
needs are met. He is an experienced Senior Project Manager
with high attention to detail and the most creative problem solver
on the K2 team. He brings a level of technical knowledge far
superior than most electricians and works with clients to solve for
any issue in real time.
He will be the contact to initiate, negotiate and execute each JOC
work order. Matt will work with Jared Kredit, Project Executive
during preconstruction, project closeout and team assessments.
During construction, Matt’s responsibilities will include oversight
for the overall project, safety, budget, schedule as well as
communicating project status to the Town of Fountain Hills. He
will conduct project coordination meetings to discuss necessary
adjustments to manpower, equipment and subcontractors
required to meet the project goals and schedule.
KEY ATTRIBUTE
Technically savvy problem solver who provides
creative solutions for any challenge.
K2 ELECTRIC | TOWN OF FOUNTAIN HILLS SOLICITATION NO. 2021-008
RESUMES
CASEY
KOTZENMACHER
PROJECT MANAGER
YEARS WITH K2: 7
YEARS EXPERIENCE: 24
EDUCATION: Associates
Degree, Construction Electrician
CERTIFICATIONS/TRAINING:
▪Project Manager
Development Program
(PMDP) Certification
▪Effective Leadership
Development (ELD) Class
▪Effective Personal
Productivity (EPP) Class
BIOGRAPHY:
Casey is an experienced project manager and is dedicated
to delivering every project to the satisfaction of the Owner
on time and within budget. His role on this JOC is to provide
detailed information to the Town on all fronts, from estimating
to RFIs and will be a primary point of contact to ensure
communication is a top priority. Casey performs well in high
stress environments and will bring a high level of knowledge
and leadership to this JOC.
JAMES CLARK
FIELD OPERATIONS
YEARS WITH K2: 8
YEARS EXPERIENCE: 19
EDUCATION: Penn Foster
University, Electrical Program
CERTIFICATIONS/TRAINING:
▪IEC Journeyman Program
▪ABA LDF Program,
Graduation in December
BIOGRAPHY:
As the Field Operations on this JOC, James will be responsible
for managing team members and schedules to ensure
adequate manpower to complete all contracts. With 19 years
of experience working in all aspects of electrical and managing
jobs, James is solution-oriented and great at solving problems
on the jobsite. He is skilled at bringing jobs together quickly to
get the work done to meet the client’s goals and schedule.
KEY ATTRIBUTE
Detailed-oriented responsible for estimates,
submittals and RFI paperwork with strict adherence
to deadlines.
KEY ATTRIBUTE
Onsite management of daily operations, team
members, and client relationships.
K2 ELECTRIC | TOWN OF FOUNTAIN HILLS SOLICITATION NO. 2021-008
RESUMES
JEREMY KEEHN
FIELD TECHNICIAN
YEARS WITH K2: 2
YEARS EXPERIENCE: 12
CERTIFICATIONS/TRAINING:
▪ABA Apprenticeship
Program Graduate
▪OSHA 10-Hour
BIOGRAPHY:
Jeremy brings over 12 years of electrical experience to K2 and
has expertise at understanding the client’s budget and goals
on a project. He has a strong aptitude for successfully running
multiple jobs at the same time in a very detailed manner.
Jeremy will bring a task-oriented mindset to this JOC with a
focus on meeting your goals. He is committed to providing a
valued product and works hard until the job is done right.
JAMES GAMBESCIA
FIELD TECHNICIAN
YEARS WITH K2: 3
YEARS EXPERIENCE: 27
CERTIFICATIONS/TRAINING:
▪K2 Safety Programs/
Certifications
▪OSHA 10-Hour
▪IECA Apprenticeship
Program
BIOGRAPHY:
As a key member of the K2 team, James brings 27 years
of industry experience to this JOC with a primary focus on
smaller service work up to larger jobs. James is a highly skilled
electrician with strong attention to detail. He focuses on building
relationships with clients to ensure their satisfaction throughout
the project.
James is also responsible for leading and mentoring team
members coming into the service program. He thrives on
developing team members and ensures each team member
is doing their part to get the job done right. In his role as Field
Technician, James will be responsible for adhering to deadlines
to ensure smooth project completions that are on schedule and
budget.
KEY ATTRIBUTE
Excels at understanding the client’s budget and is
extremely efficient and task-oriented.
KEY ATTRIBUTE
Relationship builder focused on maintaining
connections with clients.
K2 ELECTRIC | TOWN OF FOUNTAIN HILLS SOLICITATION NO. 2021-008
RESUMES
BRAD DONNELLY
FIELD TECHNICIAN
YEARS WITH K2: 3
YEARS EXPERIENCE: 35
CERTIFICATIONS/TRAINING:
▪OSHA 10
▪Arc Flash Training
▪Code Update Training
Courses
▪Kurt Alter Foreman
Seminar
BIOGRAPHY:
Brad Donnelly brings 35 years of experience to the K2 team
and is a true asset with his breadth of electrical knowledge. He
has worked in all aspects of commercial electrical throughout
his career and has spent the last eight year focused on service-
based jobs, working on multiple jobs simultaneously. He is
committed to getting the job done right no matter what it takes
and will work until the job is complete, which is a benefit to K2’s
clients. Brad will bring a high-level of detail and knowledge to
this JOC and ensure the job is done right.
KEY ATTRIBUTE
Thorough understanding of commercial electrical
work and brings a high-level of skill and organization.
602.454.7800
4038 E. Superior Ave, Suite 102, Phoenix, AZ 85040
Town of Fountain Hills Contract 2021-008D
Final Audit Report 2020-11-24
Created:2020-11-17
By:Jamie Salentine (jsalentine@fh.az.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAdqiss7MeHTRJQj5XADqwdBgCMI7Pu9Iz
"Town of Fountain Hills Contract 2021-008D" History
Document created by Jamie Salentine (jsalentine@fh.az.gov)
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Agreement completed.
2020-11-24 - 2:37:20 PM GMT