Notice of Solicitation

Request for Proposals:

Chiller Maintenance & Repair Services

Solicitation Number: 2027038

RFP Issue Date: September 16, 2026

RFP Due Date and Time: October 14, 2026 – 3:00 P.M. Local Arizona Time

Online Submittals: City of Mesa Vendor Self Service (VSS) –https://vendor.mesaaz.gov/ See enclosed submitta l instruct ions

Last Day for Questions: October 5, 2026 – 11:00 A.M. Local Arizona Time

Pre-Proposal Conference: September 28, 2026 – 8:00 A.M. Local Arizona Time

Notice is hereby given that sealed proposals will be received by the Procurement Services Division, City of Mesa, until the date and time cited above. Responses received by the correct date and time will be opened publicly and read aloud by the Procurement Services Procurement Administrator (or designated representative).

To join the response reading at 4:00 P.M. local Arizona time on the due date via Microsoft Teams, please use the following link: Proposal Opening Teams Meeting Link

Teleconference Number: 480-535-7460; Conference ID: 127 016 364#

Questions concerning this Solicitation should be submitted in writing through the City of Mesa’s Procurement Services Website Vendor Self Service portal at https://vendor.mesaaz.gov/ or by email to the following Procurement contacts or their designees:

Jess Romney, NIGP-CPP, CPPB Martin Amaya Procurement Supervisor Procurement Specialist Phone: 480-644-5798 Phone: 480-644-3261 Jess.Romney@MesaAZ.gov Martin.Amaya@MesaAZ.gov

NOTE: THE CITY OF MESA PUBLISHES ITS SOLICITATIONS, ATTACHMENTS, AND ADDENDA ONLINE AND THEY ARE AVAILABLE FOR VIEWING AND/OR DOWNLOADING AT THE FOLLOWING INTERNET ADDRESS: https://vendor.mesaaz.gov/

Current contracts and related information are available for viewing and/or downloading at:

http://apps.mesaaz.gov/purchasingcontracts/Search

All vendors wishing to conduct business with the City are required to register and maintain all information used for the notification of Solicitation opportunities and issuance of payment in the Vendor Self Service (VSS) system. To register and view additional vendor information, go to https://vendor.mesaaz.gov/ https://vendor.mesaaz.gov/ https://teams.microsoft.com/meet/293857479524798?p=Drhx2MWzSLzao4aQi6 https://vendor.mesaaz.gov/ mailto:Jess.Romney@MesaAZ.gov mailto:Martin.Amaya@MesaAZ.gov https://vendor.mesaaz.gov/ http://apps.mesaaz.gov/purchasingcontracts/Search https://vendor.mesaaz.gov/

2027038

TABLE OF CONTENTS

PAGE

NOTICE

TABLE OF CONTENTS

SECTIONS:

SECTION 1: ADMINISTRATIVE REQUIREMENTS / INSTRUCTIONS

SECTION 2: SCOPE OF WORK

SECTION 3: FORMAT AND SUBMITTAL REQUIREMENTS

SECTION 4: EVALUATION CRITERIA AND PROCEDURES

SECTION 5 – ATTACHMENTS:

ATTACHMENT A – PRICING

ATTACHMENT B – REQUIRED RESPONSE FORMS

ATTACHMENT C – EQUIPMENT INVENTORY

ATTACHMENT D – SUPPLIER SUSTAINABILITY QUESTIONNAIRE

ATTACHMENT E – BACKGROUND CHECK GUIDELINES

ATTACHMENT F – CONTRACTOR VERIFICATION FORM

SECTION 6 – EXHIBITS:

EXHIBIT 1 – DRAFT AGREEMENT

SECTION 1

ADMINISTRATIVE OVERVIEW /INSTRUCTIONS

1.1 OVERVIEW

The City of Mesa (hereinafter “City”) has issued this Request for Proposal (“RFP”) to solicit proposals from qualified and experienced firms (hereinafter “Respondent”) that can provide Chiller Maintenance and Repair Services.

Please read the entire Solicitation package and submit the proposal in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the proposal.

Responses must be in the actual possession of the Procurement Services Division Office and submitted electronically, on or before the exact date and time indicated. Late submittals shall not be considered under any circumstances.

1.2 INSTRUCTIONS FOR PREPARING AND SUBMITTING RESPONSE

Respondents must submit their responses electronically. Any Respondent needing assistance or guidance using the online Vendor Self Service (VSS) portal may contact the Procurement Officer/Supervisor. Do not wait until the last day to submit a response. Start early so we can fix any issues before trying to submit a response. ALL RESPONDENTS ARE ENCOURAGED TO REVIEW INSTRUCTIONS FOR HOW TO RESPOND TO A SOLICITATION available under Download Vendor Forms in the online VSS portal. Respondents shall provide their Responses in accordance with the following form and content requirements:

a. Responses shall be submitted through the City of Mesa’s Procurement Services Website at https://vendor.mesaaz.gov under the appropriate Solicitation opportunity.

Submissions submitted elsewhere or under the wrong Solicitation will not be considered.

b. Responses must be signed by an authorized representative of Respondent with the authority to bind Respondent to make such commitments to the City set forth in the Response.

c. Responses should be specific to the Solicitation and present details on all requested information in a concise manner.

1.3 PROCUREMENT CONTACT

The individual(s) listed on Page 1, Notice (referred to as the “Procurement Contact”) is responsible for the conduct of this procurement. The individual(s) is the only person who is authorized to speak or act on behalf of the City with respect to this RFP. Throughout this RFP process, Respondents shall NOT contact or communicate with any other City employees regarding this procurement. Any violation of these requirements by a Respondent may constitute grounds for immediate disqualification from this procurement.

1.4 PROCUREMENT SCHEDULE

The City will make every effort to adhere to the schedule below. All times are local Arizona time.

Note: This schedule is subject to change by the City at any time.

ACTIVITY DATE & TIME

Solicitation Issued 9/16/2026

Pre-Proposal Meeting 9/28/2026 @ 8:00 A.M.

Site Walk 9/28/2026 @ 8:00 A.M.

Deadline for Submitting Questions (by Respondent) 10/5/2026 By 11:00 A.M.

Solicitation Response Due Date 10/14/2026 By 3:00 P.M.

Anticipated Award Date 12/8/2026

Anticipated Start Date of Contract 1/1/2027

1.5 PRE-PROPOSAL MEETING

A pre-proposal meeting will be conducted to provide an overview of the RFP process, and essential information regarding the proposals required in this procurement. This meeting is NOT mandatory, but the City encourages Respondents to attend to gain a better understanding of the scope, the evaluation approach, and submittal documents.

Location: District Cooling Plant Address: 1 E. Main Street, Mesa, AZ 85201

1.6 SITE VISIT

A site visit will be conducted. This visit is NOT mandatory, but the City encourages Respondents to attend to gain a better understanding of the existing conditions. We will be visiting five (5) of the work sites listed on the Pricing Page. Vendors will need to provide their own transportation between the different locations. The Site Visit will begin immediately following the pre-proposal meeting.

Location: District Cooling Plant Address: 1 E. Main Street, Mesa, AZ 85201

A list of the other four (4) locations will be provided at the pre-proposal meeting.

1.7 QUESTIONS AND COMMUNICATION

Respondents are expected to promptly review this RFP, including all exhibits, appendices, attachments, submittals, and any addenda. If a Respondent identifies any discrepancies, errors, or omissions, or has any questions regarding the meaning or interpretation of any part of this RFP, the Respondent shall submit a written question requesting clarification. The City shall not be responsible for any misunderstanding of this RFP by the Respondent.

All questions and requests for clarification shall be submitted in writing through the City of Mesa's Procurement Services Vendor Self-Service Portal at https://vendor.mesaaz.gov/. Questions and requests for clarification must be submitted no later than the date and time specified in Section

1.4. Questions received fewer than seven (7) calendar days before the solicitation due date may be answered at the City's discretion. Each question should identify the applicable RFB section, page number, and the specific topic requiring clarification.

Please note that the City of Mesa business hours are Monday through Thursday, 7:00 a.m. to 6:00 p.m. The City is closed on Fridays and all observed holidays.

1.8 AMENDMENTS

The Procurement Contact may issue addenda or amendments to this RFP, respond to Respondents’ questions, or provide clarification to information stated within this RFP. All amendments will become part of this RFP and will be deemed to have been considered by the Respondent in its Proposal. Respondents shall not rely upon any statements made by any person, other than statements issued through an amendment. It is the responsibility of the Respondent to ensure all amendments are received and considered in the proposal.

Amendments will be posted online at the City’s Procurement Services Website or the Self-Service portal. Contractors are cautioned to check the Procurement Services Website or the Self-Service portal for addenda before submitting their Response. The City will not be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City and Respondents are cautioned not to rely on any such changes. Verbal clarifications shall not be binding. Failure to acknowledge receipt of an addendum may result in disqualification of a Response.

1.9 DISCLOSURES

a. RESPONSE FIRM TIME: Responses shall remain firm and unaltered after opening for one hundred eighty (180) Days unless the time is extended or amended as agreed upon by Respondent and the City. Examples of where an extension or amendment may be necessary include but are not limited to: (i) contract negotiations with selected Respondent; (ii) submission of a Best and Final Offer by Respondent; (iii) City needing additional time to review responses. The City may accept the Response, subject to successful contract negotiations, at any time during this period.

b. LOBBYING PROHIBITION: Any communication regarding this Solicitation for the purpose of influencing the process or the award, between any person or affiliates seeking an award from this Solicitation and the City including, but not limited to, City Council, City employees, and consultants hired to assist the City in the Solicitation, is prohibited.

This prohibition is imposed from the time of the first public notice of the Solicitation until the City cancels the Solicitation, rejects all Responses, awards a contract, or otherwise takes action that ends the Solicitation process. This section shall not prohibit public comment at any City Council meeting, study session, or City Council committee meeting.

This prohibition shall not apply to Respondent-initiated communication with the contact(s) identified in the Solicitation or City-initiated communications for the purposes of conducting the procurement including, but not limited to, vendor conferences, clarification of Responses, presentations if provided pursuant to the Solicitation, requests for Best and Final Responses

(as set forth in the City Procurement Rules), contract negotiations, protest/appeal resolution, or surveying non-responsive vendors.

Violations of this provision shall be reported to the Procurement Administrator. Persons violating this prohibition may be subject to a warning letter or rejection of their Response depending on the nature of the violation.

c. LAWFUL PRESENCE IN THE UNITED STATES: Arizona Revised Statutes § 1-501 and § 1-502 require all persons who will be awarded a contract (a Public Benefit as defined in 8 U.S.C. § 1621) must demonstrate they are lawfully present in the United States. A person under the statute is defined as a natural person and therefore excludes Limited Liability Companies, Corporations, Partnerships, or other similar types of business entities as indicated on a W-9 form.

Individuals (natural persons) or Sole Proprietorships must complete the affidavit in the “Required Response Forms” section of this Solicitation. Respondents who fail to provide a completed affidavit and fail to provide the necessary documentation may be deemed non-responsive.

Additionally, Arizona Revised Statutes Section 1-504 requires the City, for Respondents who are natural persons or Sole Proprietorships and not United States citizens or nationals, use the systematic alien verification for entitlements program that is maintained by the United States Citizenship and Immigration Services, or any successor program that is designated by the United States Department of Homeland Security, in order to verify the validity of the necessary documentation and to verify the person’s eligibility for benefits.

d. COMMENCEMENT OF WORK: If a Respondent begins any billable work before the City’s final approval and execution of the contract, Respondent does so at its own risk.

e. RESPONSIBILITY TO READ AND UNDERSTAND: Failure to read, examine, and understand the Solicitation and any of its addenda will not excuse any failure to comply with the requirements of the Solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. The City is not responsible for and will not pay any costs associated with the preparation and submission of a Response. Respondents are cautioned to verify their Responses before submission, as amendments to or withdrawal of Responses submitted after the time specified for the opening of Responses may not be considered. The City will not be responsible for any Respondent errors or omissions.

f. SPECIFICATIONS: Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. The use of a brand name is for the purpose of describing the standard of quality, performance, and characteristics desired and is not intended to limit or restrict competition. If a Respondent wishes to provide a material or service that is not the brand name, the equivalent material or service must meet the standard of quality of the brand name product, which is determined at the City’s sole discretion. Equivalent products will be considered upon showing the other product meets the stated specifications and is equivalent to the brand-name product in terms of quality, performance, and desired characteristics. Products that are substantially equivalent to those brands designated will qualify for consideration.

Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the Respondent. The City reserves the right to reject Responses that the City deems unacceptable for any reason.

g. MODIFICATION/WITHDRAWAL OF RESPONSE: Written requests to modify or withdraw a Response received by the City before the scheduled opening time for Responses will be accepted and will be corrected after the Response due date and time. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the Response and marked as a MODIFICATION or WITHDRAWAL of the Response. Requests for withdrawal after the Response Due date and time will only be granted upon proof of undue hardship and may result in the forfeiture of any Response security. Any withdrawal after the Response due date and time shall be allowed solely at the City’s discretion.

h. DEBARMENT DISCLOSURE: If the Respondent has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government or agency, or if any such preclusion from participation from any public procurement activity is currently pending, the Respondent shall include a letter with its Response identifying the name and address of the governmental unit, the effective date of the suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances must be provided by the Respondent, including the details enumerated above. A Response from a Respondent who is currently debarred, suspended, or otherwise lawfully prohibited from any public procurement activity may be rejected. Failure of a Respondent to disclose a debarment or suspension in accordance with this Section may result in the Response being disqualified for an award of the Solicitation.

i. RESERVATIONS: The City reserves the right to reject any or all Responses or any part thereof;

to re-issue the Solicitation; to reject non-responsive or non-responsible Responses; to reject unbalanced Responses; to reject Responses where the terms, prices, or awards are conditioned upon another event; to reject individual Responses for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, informalities, technicalities or form errors in any Response; to conduct exclusive or concurrent negotiations of any terms, conditions, or exceptions taken by a Respondent or the terms of any agreement/document a Respondent would require the City to sign should Respondent be awarded a contract; and to reject Responses that are outside the City’s budgeted amount for the materials or services that are the subject of the Solicitation. The City may seek clarification of the Response from Respondent at any time, and failure to respond is cause for rejection. Submission of a Response confers no right to an award or a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms, and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the Respondent and the City until the City executes a written contract or purchase order.

j. EXCEPTIONS TO A SOLICITATION: Changes to the Solicitation document requested by a Respondent may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition, or specification in the Solicitation unless specifically acknowledged and agreed to by the City. The copy of the Solicitation, including all addenda maintained and published by the City, shall be the official Solicitation document. Any exception to the Solicitation must be set forth in the “Exceptions” portion of the Response; any exceptions not indicated in the “Exceptions” portion of the Response will be deemed rejected by the City, void and of no contractual significance. The City reserves the right to: (i) reject any or all exceptions requested by a Respondent; (ii), determine a proposal non-responsive due to the exception(s) made by Respondent; (iii) enter into negotiations with a Respondent regarding any of the Respondent’s exceptions, or (iv) accept any or all of a Respondent’s exceptions outright.

k. COPYING OF RESPONSES: The Respondent hereby grants the City permission to copy all parts of its Response including, without limitation, any documents and/or materials copyrighted by the Respondent. The City’s right to copy shall be for internal use in evaluating the Response.

l. CONTRACTOR ETHICS: Contractors doing business with the City shall adhere to the

Procurement Ethics Standards, Article 7 of the Procurement Rules. It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. The failure of a Respondent or Contractor to meet the ethical standards may result in the disqualification of an award under the Solicitation or the termination of a contract with the City.

To achieve the purpose of this Section, it is essential Respondents and Contractors doing business with the City observe the ethical standards prescribed herein and in the City Charter, Code Procurement Rules, and Management Policy 200. It shall be a breach of ethical standards to:

i. Exert any effort to influence any City official, employee, or agent to breach the standards of ethical conduct.

ii. Intentionally invoice any amount greater than provided in a contract or invoice for materials or services not provided.

iii. Intentionally offer or provide sub-standard materials or services or intentionally not comply with any term, condition, specification, or other requirements of a City contract.

m. GIFTS: The City will accept no gifts, gratuities, or advertising products from Respondents or prospective Respondents and affiliates. The City may request product samples from Respondents solely for the purpose of product evaluation.

n. COST JUSTIFICATION: In the event that only one Response to the Solicitation is received, the City may require the Respondent to submit a cost offer in sufficient detail for the City to perform a cost/price analysis to determine if the Response price is fair and reasonable.

o. CONTRACT NEGOTIATIONS AND ACCEPTANCE: Respondent must be prepared for the City to accept the Response as submitted. If Respondent fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject the Response or revoke the award and may begin negotiations with another Respondent. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the Respondent and the City until the City executes a written contract or purchase order.

SECTION 2

SCOPE OF WORK

This Scope of Work will be compiled into any resulting contract as Exhibit A.

2.1 OVERVIEW / INTENT

The City of Mesa is soliciting Request for Proposal (RFP) responses from qualified and experienced vendors to establish a three (3) year term contract for water chiller preventative maintenance and repair for various water chillers located throughout the City.

2.2 BACKGROUND INFORMATION

The City of Mesa Facilities Management Division manages the inspection, preventative maintenance, and repair of water chillers and associated equipment located throughout the City.

Preventative Maintenance herein stated shall mean scheduled inspections and replacement of parts and material on a pre-planned schedule prior to the failure or wear out period of the part or material. The planned inspections and part replacements shall be in accordance with the manufacturer’s recommendations.

2.3 MINIMUM QUALIFICATIONS

It is essential that the Contractor provide adequate staff of fully trained, certified, and experienced personnel capable of and devoted to the successful accomplishment of work to be performed under the contract.

Contractor shall be factory authorized to perform maintenance, repairs and retro-fits on each brand of commercial and industrial chillers. They must also be able to provide and maintain current technical data, diagnostic tools and have access to all factory change notifications.

Documentation from each factory identifying the Contractor as having these qualifications shall be part of the proposal package.

The Contractor shall hold all required licenses and permits as governed by the State of Arizona.

Contractor must have a State of Arizona Commercial Air Conditioning and Refrigeration license L-

39. A copy of such must accompany bid package.

ASNT levels 2 and 3 certified employees for performance of preventative maintenance sections.

Proof of such must accompany bid package.

At least one (1) factory-trained technician shall be assigned to each City work order.

2.4 TERM & RENEWALS

This Solicitation is for awarding a firm, fixed-price purchasing contract to cover a three (3) year term and may be renewed, up to a maximum of two (2) years.

2.5 SCOPE OF WORK

Unless otherwise specified, service for routine contract pay items shall include furnishing all labor, supervision, equipment, tools, fuel, materials (unless provided by the City in accordance with these documents), insurance, bonding, and all other items incidental thereto which are necessary to perform the work as specified, for Preventative Maintenance of the City’s Chiller systems. The Contractor shall provide a yard for parking, maintenance, and storage of all equipment at a site other than on City property and at no added cost to the City.

The City shall provide the Contractor with the required water and power source for preventative maintenance work and other items hereinafter specified.

2.6 ADDITIONS AND DELETIONS

The City may add or delete maintenance areas at any time by change order. The Contractor will be paid for all approved services satisfactorily completed. The City reserves the right to utilize the prices and services originally proposed for future award recommendations. Pricing for areas added to the contract shall be consistent with pricing for other comparable contract sites.

2.7 BRAND OR TRADE NAMES

Any manufacturer’s names, trade names, brand names or catalog numbers used in the Solicitation are for the purpose of describing and/or establish the quality, design, and performance required.

Any such reference is not intended to limit or restrict any bid/offer by any vendor but is only listed in order to advise potential bidders/offerors of the requirements of the City. Any bid/offer which proposes like quality, design, or performance will be considered.

2.8 DEFECTIVE PRODUCT/WORKMANSHIP

All defective products installed on City equipment as part of this contract by the Contractor shall be replaced and exchanged by the Contractor at no additional cost to the City.

Any work deemed defective by the City’s authorized representative shall be rectified within two

(2) hours of notice from the authorized City representative. The Contractor shall notify the authorized City representative in writing immediately should timelines in repair exceed two (2) hours. This will be evaluated and shall be approved by the City’s representative.

2.9 WARRANTY CONDITIONS

Contractor shall warrant all preventative maintenance work performed on this contract for a period of ninety (90) days after completion. The work report submitted to the authorized City representative shall indicate the start of the warranty period.

Parts warranted by manufacturers shall be provided with the work report submitted and honored throughout the life of the parts warranty.

2.10 DAMAGE, VANDALISM AND/OR VEHICLE ACCIDENTS

If any damage, vandalism, or an accident occurs within the contract boundaries and/or on adjacent property of public right of way, the Contractor shall report the accident to the City within twenty-four (24) hours of discovery. All cases of vandalism shall be reported to the City immediately. The City will review the situation and determine the appropriate course of action.

2.11 CONSTRUCTION

Areas where considerable construction is taking place, at the discretion of the City, may be subject to suspension of contracted services until construction is complete. Where construction is observed, the Contractor shall immediately notify the appointed City representative and record on daily work reports the limits of equipment affected. The Contractor shall also inspect the equipment under construction and document existing conditions of site and equipment. A written report of condition shall be submitted to the authorized City representative within three (3) days after the City’s request.

Upon request, the Contractor shall submit a special maintenance agreement to the City. This special maintenance agreement will be to care for the equipment under construction to ensure the best possible maintenance under the circumstances and shall include the adjusted price.

Upon receiving notice from the City that construction is complete, the Contractor shall inspect the area within three (3) working days and shall submit a written condition report to the City indicating the extent of any damage to the contract area, The City may request the Contractor to perform repairs as an extra work authorization or to submit competitive quotes. After the damage is repaired, the City will authorize the Contractor to resume regular maintenance services.

2.12 DISPOSAL OF DEBRIS

All debris and/or any other waste material produced as a result of performing contracted preventative maintenance services under this Agreement shall be removed from the contract area, transported, and disposed of in compliance with federal, state, county, and City laws and regulations. If roll-off dumpsters are required, they shall be obtained through the City of Mesa.

The Contractor is solely responsible for any disposal fees (dumping charges), incurred as a result of routine work. Fees for disposal of debris accumulated from Extra Work or Emergency Response Work shall be listed on Extra or Emergency Response Work invoices as a separate item to be reimbursed by the City. The disposal must be at an authorized landfill. Disposal costs greater than the area’s current fee range will be the responsibility of the Contractor. A copy of the disposal fee invoice must be submitted with the extra work invoice to receive payment.

2.13 CLEAN UP

The Contractor shall keep the contract area, clean and free from accumulated waste material and/or debris, prior to completion of work. Remove any rubbish from the premises and all tools, scaffolding, equipment, and materials that are not the property of the City. It is required upon completion of the repair, that the Contractor leaves the workspace/premises in a clean, neat and condition.

2.14 SAFETY

The Contractor shall adhere to all regulations, rules, ordinances, and standards set by Federal, State, County, and City of Mesa governments when providing these services. The Contractor shall be responsible for the training and instruction of all personnel staffing this contract, relating to all required job safety standards. Upon request, the Contractor shall demonstrate to the City’s satisfaction any programs, procedures and other actives used to ensure compliance.

The Contractor will create unencumbered use of an area to complete this work. Contractor shall create a safe corridor for City employees working in the areas defined in this contract.

The Contractor shall be responsible for providing and for the placement of barricades, tarps, plastic, flag tape, and any other safety/traffic control equipment, within their worksites and to the worksite, required to protect its employees, the public, City staff, surrounding areas, equipment, and vehicles. The safe worksite and corridor to the worksite shall be documented on a safety plan and submitted to the authorized City representative for review and approval with the other submittals prior to commencement of work. The flow of vehicular traffic and employee access throughout the area shall not be impeded at any time during preventative maintenance work without the prior approval of the City. The Contractor shall notify the City, in writing, whenever any violation, citation or warning is received for noncompliance in any safety or health-related issue while providing these services.

2.15 CONTRACTOR/CITY COMMUNICATIONS

A. Local Office

Throughout the period of this contract, the Contractor shall establish and maintain a local office and an authorized managing agent. The local office shall be within a one (1) hour drive time from the contract area.

Contractor’s local managing agent shall serve as the point of contact for dealing and communicating with the City. Upon City request, the General Manager, President, or their designee shall meet with City representatives within twenty-four (24) hours of receiving notice.

Each facility to be maintained under this agreement must be staffed by trained technicians and have a sufficient parts inventory to provide the services specified herein. Routine inspections will be conducted by the City’s authorized representative(s) to ensure maintenance services are performed per contract requirements.

B. City Contact The Contractor’s primary contact will be the authorized City representative in all matters pertaining to change orders, invoice authorization, schedule approvals or daily performance of this contract. The City’s official representatives for overall contract administration are listed on page one, Notice.

C. Field Supervisor The Contractor shall furnish one (1) qualified field supervisor that has a minimum of five (5) years Chiller supervisory experience, speaks, reads, and writes in English, for the awarded contract. The field supervisor will be present at all times while contracted services are performed to address problems and perform field inspections. The field supervisor’s primary responsibility shall be to manage the daily field-work, maintenance schedules and shall not have any additional labor duties other than incidentals. For example, the field supervisor shall not also function as a crew leader or foreman and shall have separate transportation to be able to move independently between job sites. The field supervisor is permitted to respond and assist in emergency situations. The field supervisor will be required to meet with the authorized City representative, at their office, within the first hour of each workday, or at the City’s convenience.

The Contractor shall have a field supervisor available during working hours for coordination with the City. The Contractor shall provide a cellular telephone for the supervisor and/or foreman. The Contractor shall be responsible for payment of all charges relating the Cellular use. All communication equipment shall be kept in proper working condition at all times.

2.16 CONTRACTOR’S EMPLOYEES

A. Identification Contractor’s employees shall be required to wear a clean uniform bearing the Contractor’s name. Contractor’s employees shall be required to be fingerprinted in conjunction with a background check through the City of Mesa. Required background clearance levels may vary based on building security requirements. Level 3 is required for this contract. The City’s authorized representative will define access requirements. All Contractor’s employees shall be required to have their City-issued ID badges on their person and visible at all times while work is being performed on this contract. Contractor’s employees shall be responsible for signing in upon arrival and signing out upon departure at City of Mesa Water Treatment Sites, and Police Stations. Refer to Attachment E for more background check details.

B. Driver’s License Employees driving the Contractor’s vehicles shall at all times possess and carry a valid vehicle operator’s license issued by the State of Arizona, the class of which shall be appropriate for the vehicles operated, in accordance with State law.

C. Conduct Contractor’s employees, officers, and sub-contractors shall not identify themselves as being employees of the City of Mesa, shall conduct themselves in such a manner as to avoid embarrassment to the City of Mesa, and shall be courteous in their interaction with City staff and the public. In the event of difficulty with City personnel or the public, the City representative shall be notified immediately. Failure to comply may result in the Contractor's employee being barred from City of Mesa work sites.

The Contractor shall prohibit the use of intoxicating substances by drivers and crew members while on duty or in the course of performing their duties under this contract. No employee of the Contractor or any sub-contractor who is suspected of being under the influence of intoxicating substances shall be permitted to perform work under this contract.

D. List of Employees The Contractor shall supply the City with a current list of employees assigned to this contract.

The list must include full names, driver’s license number including the expiration date, and job title. In conjunction with the current list of employees the Contractor shall submit the Contractor Verification Form (Attachment F). This form is to verify that the Contractor’s employees meet the requirements set forth by FINA, IRCA, and all other Federal immigration laws and regulations. These lists shall be kept current. Changes to contract assignments of key personnel i.e., supervisors must be submitted in writing to City of Mesa within two (2) workdays after implementation.

All company officers and employees working under this contract must be listed and correlated to a City position title listed in the “Extra Work” section.

E. Communication Skills It is required that at least one (1) lead crew member on each work crew be sufficiently proficient in the English language to receive/transmit instructions, interpret chemical washing labels, and otherwise communicate with the City representatives while onsite.

2.17 CONTRACTOR’S EQUIPMENT

A. Vehicles and Equipment The Contractor shall provide and maintain, during the entire period of this contract, vehicles, and equipment sufficient in number, condition, and capacity to safely and efficiently perform the services required by this contract.

The City reserves the right to inspect the Contractor’s vehicles at any time to ascertain said condition.

The Contractor shall furnish the City with a list identifying all equipment to be used in fulfilling this agreement and notify the City of any additions or deletions.

B. Vehicle Identification All vehicles used by the Contractor must be clearly identified with the name of the company and phone number of the local office on each side of the vehicle.

C. Vehicle Use and Access Vehicles that are not specifically designed for turf maintenance, such as pick-up trucks, front loaders, etc., shall not be permitted to enter a turf, xeriscape, or natural habitat area from a perimeter roadway, pathway, or parking lot, without the prior approval of a City representative. Parking on sidewalks surrounding buildings is prohibited.

The Contractor shall not at any time be allowed to park on a sidewalk adjacent to any Arterial or Major Collector Street without coordinating with the authorized City representative and providing appropriate barricading or traffic control (per Traffic Barricading Manual), to allow Pedestrian traffic a safe route around vehicles. The contractor will repair any damage caused by entering these areas at no cost to the City of Mesa.

2.18 SCHEDULING OF WORK

A. Routine and Extra Work Schedule The Contractor shall provide a written monthly maintenance schedule, using the City supplied worksheet, not later than the 25th of each month for all work planned for the following month. Schedules must be specific by listing the tasks to be performed, their frequency, and each building location. The City shall review and approve the schedules submitted and reserves the right to demand reasonable changes or adjustments, or to reject the entire proposed schedule if it can be shown that it is not in the best interest of the City.

Only re-work, and extra work will be permitted on Fridays unless prior approval is obtained.

No weekend work is permitted, unless approved by the City. Exceptions are that some work on this contract may be required to be performed at night when City employees are not present.

B. Contractor Schedule Completion The Contractor shall make every effort to stay on schedule and shall complete all routine work during the scheduled calendar week unless unforeseen circumstances beyond the control of the Contractor causes delays. All scheduled items not completed, must be reported on the daily worksheet, and submitted within the first working hour of the following day with an explanation of why the work was not completed. This report shall be in written form using the City supplied worksheet. The Contractor shall be required to complete all tasks once started, before proceeding to other sites, unless authorized by the City.

The City will determine if work not done on schedule constitutes a deficiency. The Contractor must gain approval of the City to do work more than one (1) day off of the schedule. If prior approval is not requested or obtained, the City may refuse to pay for work items done more than one day off of schedule.

Failure to submit schedules or revisions prior to commencement of routine work shall be subject to Non-Performance fees as set forth in Section 2.25. Repeated failures may result in a Notice of Default.

C. Holiday Schedule The following is a list of holidays on which contract service will not be performed unless previously approved by the authorized City representative (except emergency service):

1. New Year’s Day – January 1

2. Martin Luther King Day – Third Monday in January

3. President’s Day – Third Monday in February

4. Memorial Day – Last Monday in May

5. Labor Day – First Monday in September

6. Veteran’s Day – November 11

7. Thanksgiving Holiday – Fourth Thursday and the following Friday in November

8. Christmas Eve – December 24

9. Christmas Day – December 25

Holidays that fall on a Saturday are observed the Friday before and holidays that fall on Sunday are observed the Monday following the holiday.

During the week of a holiday, the Contractor shall submit in writing, for approval, an adjusted weekly schedule so that tasks are not omitted, and crews shall return to normal weekly schedule the following week.

2.19 WEATHER – SUSPENSION OF WORK

In the event of inclement weather, the Contractor must obtain approval from the City prior to performing any work. The City reserves the right to suspend any or all work due to poor weather conditions or other extreme conditions. The City also reserves the right to authorize the delayed work to be performed at a later date, or the City’s Contract Representative may deem it more appropriate to omit the delayed work and resume the normal schedule. The Contractor shall not perform any suspended work without written authorization from the City.

2.20 CONDITION OF EQUIPMENT AT BEGINNING OF CONTRACT

The awarded Contractor shall perform an inspection of all properties and equipment awarded to them within thirty (30) days of the contract’s start date for identification of preexisting conditions that would prevent or adversely affect the completion of any normal routine maintenance activities.

Upon completion of inspections, the Contractor shall prepare a list of specific deficiencies found at each contract area and submit the list to the authorized City representative for review. If no, deficiencies are found, written documentation must be submitted stating such. The City will evaluate each problem listed to determine if extra compensation is warranted for repair work prior to starting routine maintenance.

The City may authorize the Contractor to make extra work repairs or may determine that the items listed represent normal conditions that might be expected at any time during the contract period.

The determination and disposition of all items listed shall be the responsibility of the City and the City’s decision shall be final and binding upon the Contractor.

All repairs to preexisting conditions deemed necessary and authorized by the City, shall be made within thirty (30) days of approval.

2.21 MAINTENANCE CONTROL PLAN

Contractor shall submit a written Maintenance Control Program (MCP) for each unit type to be maintained under this contract, modified per specific unit based on location/property, age, usage, environment, and condition of the unit at the time of commencement of the Preventative Maintenance (PM) services. As a minimum, the MCP shall be based on equipment requirements listed herein. MCP shall be provided to the authorized City representative for review and approval within thirty (30) days from award of contract.

Routine procedures shall include any unique or product-specific procedures or methods required to maintain equipment. MCP shall identify all six (6) weeks, quarterly, semi-annual, and annual maintenance procedures. Contractor shall include in the MCP, the amount of on-site labor time that is associated with each maintenance procedure, in per month unit increments.

Existing bar codes belonging to the City of Mesa shall not be removed, defaced, or covered with any decal or label.

The Contractor shall include in the MCP the number of employees assigned to this contract and their proposed role. If at any time during the course of this Contract, the City or its representative deems the MCP to be insufficient in maintaining an acceptable Mean Time Between Callbacks (MTBCB) for any unit under this Contract, the Contractor will be directed to adjust the MCP accordingly, which may include an increase in the on-site labor time for that unit, at no additional cost to the City.

2.22 CONDITION OF EQUIPMENT AT END OF CONTRACT

Approximately six (6) weeks prior to this contract being terminated, the City and the Contractor will make a final inspection to determine the condition of all equipment maintained as defined in this contract. Items found to be improperly maintained by the outgoing Contractor will be fully corrected at no cost to the City, prior to the last two (2) weeks of the Contract. If not fully corrected within two (2) weeks of the end of the contract, the City will arrange for repairs to be made and the costs for making repairs to the areas will be deducted from final payments to the outgoing Contractor. The same will apply even if the current (outgoing) Contractor has been awarded a new contract for the same areas. The last payment shall be that which is due for all work completed during the final forty-five (45) days of the contract.

2.23 COMPENSATION

A. Payment

Payment will be made on a monthly basis within thirty (30) working days after receipt of an itemized invoice from the Contractor and acceptance of the work by the City, less any deductions or assessments as described. Monthly invoices are requested to be submitted on or before the 10th of each month for the preceding month.

Payment for work in any given area will be upon completion and acceptance by the City for the entire group quantity for any given task. An area is defined as the entire payment group.

No partially completed task within a payment group will be considered for payment.

At the City’s request, the Contractor shall submit copies of payroll reports. Payroll reports shall include names of employees, hours worked, days worked, location worked, and classification for all employees who performed the work.

The amounts invoiced shall be those agreed upon by this contract or by change order to the contract. The unit price shall include all labor, materials (unless supplied by the City), equipment, overhead, profit, and any other incidental costs to perform the contracted preventative maintenance.

B. Deductions to Payments Due The City shall establish the payment amount. If the Contractor fails to perform the work in accordance with the contract, the City may hold part or all payments due to the Contractor.

Payment may be withheld (never paid) if the Contractor fails to perform or fails to correct poor performance within the correction time limits.

If the Contractor has not corrected the deficiency within the time listed in the ("Correction Time Limit Schedule") the City may withhold all payments for the area affected. Upon completion of the corrective action within the time frame listed, payment will be released for work completed satisfactorily. The City will not pay the Contractor for unsatisfactory work or uncorrected deficiencies.

Failure to correct areas identified as deficient by the City within the limits of this correction time limit schedule, unless written extensions have been authorized, may result in cause for termination of the contract in accordance with provisions of this document.

The City may determine it is necessary to hire an outside contractor to perform work that was neglected or done poorly by the primary Contractor. The City shall chargeback the cost of such outside labor to the primary Contractor.

Correction Time Limit Schedule (Time starts upon receipt of notification):

Frequency Resolution Time

Six Week 3 Business Days

Quarterly 6 Business Days

Semi-Annual 10 Business Days

Annual 15 Business Days

C. Payment Requests, Work Reports, and Re-inspection

Daily, the Contractor shall submit to the City a detailed report of work items completed the previous day. The report will be due within one (1) hour after the City work shift begins on the next scheduled workday after completion of the work. Partially completed routine pay items are not to be listed. Late submittal of reports or inclusion of incomplete tasks may result in a re-inspection fee charge.

Extra Work and including the status of Emergency Response items shall be reported daily on the provided form, whether complete or not.

The City will inspect the work listed and approve or disapprove each item for payment. Items found to be incomplete or deficient in workmanship will be noted and a withholding notice issued to the Contractor. Deficient or incomplete work must be corrected in accordance with paragraph 13.b. The withholding notice will be considered official notification of deficiencies.

Additional information concerning the specifics of the deficiency will be given to the Contractor upon request.

If after a second inspection by the City, the City Inspector again finds serious deficiencies or incompleteness, a $50.00 re-inspection fee will be assessed for each area found in this condition. Accumulated re-inspection fees will be deducted from the Contractors monthly payment.

The work report forms shall be used by the Contractor in the preparation of payment requests.

A consolidated worksheet must be submitted with the Contractor's invoice. Invoices must be numbered and shall reference each work report attached by listing the work report number and/or date and billed amount.