Picacho_Pumping_Plant_Unit_3_Rotor_Pole_Rewind.pdf
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- Solicitation number
- C118265
- Issued by
- Maricopa County, Phoenix City, Arizona
About this file
This Request for Proposal (RFP) is issued by the Central Arizona Water Conservation District (CAWCD), a political subdivision of Arizona organized to manage the Central Arizona Project (CAP) water delivery system. CAWCD is soliciting competitive sealed proposals for the Picacho Pumping Plant Unit 3 Rotor Pole Rewind, a specialized electrical equipment service. The RFP was issued on September 10, 2026, with questions due by September 24, 2026, at 10:00 a.m. Phoenix time, and proposals due on October 8, 2026, at 3:00 p.m. Phoenix time. Evaluation is estimated to be completed by October 19, 2026, with contract award anticipated on October 20, 2026. Field work is scheduled as to be determined, with final deliverables required by December 31, 2026. The work involves the rewind of two rotor poles (two units) as a lump sum line item, and no site visit or bidders conference is specified in the solicitation documents.
Proposals will be evaluated using a two-step process combining technical and pricing components, with technical evaluation criteria weighted at 85 percent (including technical compliance at 20 percent, respondent experience at 20 percent, quality assurance at 15 percent, timeline and project management at 20 percent, and proposal quality at 10 percent) and pricing weighted at 15 percent. All proposals must be submitted electronically through the OpenGov Procurement portal. Contractors must provide evidence of financial stability, Arizona Corporation Commission certificates of good standing, corporate resolutions authorizing bid submission, and comply with CAWCD's Voluntary Protection Program requirements, including OSHA compliance and safety orientation. Contractors are required to maintain comprehensive insurance coverage including commercial general liability of $2,000,000 per occurrence, automobile liability of $1,000,000 combined single limit, and workers' compensation at statutory levels. All work must comply with federal and state immigration laws, Arizona wage and employment regulations, and CAWCD safety standards. Contractors must also demonstrate familiarity with recognized industry quality standards and provide job safety analysis documentation prior to work commencement.
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For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/centralarizonaproject
REQUEST FOR PROPOSAL
FOR
Picacho Pumping Plant Unit 3 Rotor
Pole Rewind
VOLUME 1, TECHNICAL
ISSUE DATE Thursday, September 10, 2026
Central Arizona Project
RFP NO. C118265
QUESTIONS DUE Thursday, September 24, 2026
10:00 am PHOENIX TIME
PROPOSAL DUE Thursday, October 8, 2026
3:00 pm PHOENIX TIME
Table Of Contents
1. INTRODUCTION
2. PROPOSAL PREPARATION INSTRUCTIONS
3. EVALUATION
4. SPECIAL PROVISIONS
5. INSURANCE PROVISIONS
6. GENERAL TERMS AND CONDITIONS
7. SERVICES TERMS AND CONDITIONS
8. SCOPE OF WORK
9. COST PROPOSAL
10. QUESTIONNAIRE
Attachments:
A - Picacho Rotor Pole Rewind SOW
1. INTRODUCTION
The Central Arizona Water Conservation District (CAWCD) is a multi-county water conservation district and political subdivision of the state of Arizona organized pursuant to A.R.S. §48-3701 et seq.
for the purposes, among others, of contracting with the United States for the delivery of Central
Arizona Project (CAP) water, repayment of CAP costs and operation and maintenance of the CAP aqueduct.
The CAP is designed to bring about 1.5 million acre-feet of Colorado River water per year to Pima, Pinal and Maricopa counties. The CAP carries water from Lake Havasu to the southern boundary of the San Xavier Indian Reservation southwest of Tucson. It is a 336-mile-long system of aqueducts, tunnels, pumping plants and pipelines and is the largest single resource of renewable water supplies in the state of Arizona.
PROJECT DESCRIPTION
CAWCD is soliciting competitive sealed Proposals for Picacho Pumping Plant Unit 3 Rotor Pole
Rewind as fully described in the specifications. Proposals will be received on or before the day and time stated on the cover sheet of this solicitation.
2. PROPOSAL PREPARATION INSTRUCTIONS
2.1. DEFINITIONS
The following terms have the meanings indicated, which are applicable to both the singular and plural.
A. "Request for Proposal" shall mean the Solicitation, Proposal Preparation Instructions, Terms and Conditions, Specifications, the Proposal Form, and any Addenda issued prior to receipt of
Proposal.
B. "Addenda" shall mean the written or graphic Documents issued by CAWCD prior to the signing of the Contract, which modify or interpret the Contract Documents by additions, deletions, clarifications, or corrections.
C. "Proposal" shall mean the complete and properly signed offer to do the work for the sum stipulated therein, submitted in accordance with the Request for Proposal.
D. "Respondent" shall mean the person or entity that submits a Proposal.
E. "Contract Documents” shall mean the combination of the Request for Proposal, including any
Solicitation addenda; the Offer and any Best and Final Offers; and any Contract Amendments and all Purchase Orders and Purchase Order Revisions.
All definitions set forth in the Terms and Conditions are applicable throughout the Contract
Documents.
2.2. GENERAL INSTRUCTIONS
A. CAWCD is soliciting competitive sealed Proposals for Picacho Pumping Plant Unit 3 Rotor
Pole Rewind. Proposals will be received on or before the day and time stated on the cover sheet of this solicitation.
B. Proposals must be in the actual possession of CAWCD’s Contract and Procurement Services
Department on or prior to the exact time and date indicated above. Late Proposals will not be considered.
C. No paper documents will be accepted. Response to this solicitation shall be submitted electronically on OpenGov Procurement at https://procurement.opengov.com/portal/centralarizonaproject. Offers submitted differently than specified may be rejected at the discretion of CAWCD. Submittal of an Offer in response to this solicitation shall be construed as the intent to be bound by any resultant contract.
D. Contacting CAWCD staff or elected officials, either directly or indirectly, regarding this solicitation for the purpose of, or having the effect of, influencing the selection process is strictly prohibited and may result in disqualification from consideration. All questions shall be addressed to Kyle Talbert, (623) 869-2409 or by email to ktalbert@cap-az.com.
https://procurement.opengov.com/portal/centralarizonaproject
E. Proposal preparation costs are the sole responsibility of the Respondent including any costs associated with any requested oral presentation/demonstration in response to this RFP.
F. The Proposal shall be signed by the person or persons legally authorized to bind the
Respondent to a Contract. A Proposal by a corporation shall have a certificate of good standing and a resolution authorizing the submittal of the Proposal affixed to the Request For
Proposal. A Proposal submitted by an agent shall have a current power of attorney attached certifying the agent's authority to bind the Respondent.
2.3. COPIES OF CONTRACT DOCUMENTS
A. CAWCD assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents.
B. CAWCD in making Contract Documents available on the above terms does so only for the purpose of obtaining proposals on the Work and it does not constitute an offer for acceptance.
2.4. EXAMINATION OF CONTRACT DOCUMENTS
A. It is the responsibility of each entity before submitting a proposal to; (1) examine the Contract
Documents thoroughly; (2) consider federal, state, and local laws and regulations or any other conditions that may affect cost or performance of the Work; and (3) notify CAWCD of conflicts, errors, or discrepancies in the Contract Documents.
B. Upon submission of a Proposal, the Respondent attests; it (1) has complied with every requirement of the Proposal Preparation Instructions; (2) that the Proposal is premised upon performing the Work required by the Contract Documents without exception; and (3) that the
Contract Documents are sufficient in scope and detail to convey an understanding of all terms and conditions for performing and furnishing the Work.
2.5. INTERPRETATIONS AND ADDENDA
All questions about the meaning or intent of the Contract Documents must be directed to Kyle Talbert,
(623) 869-2409 or by email to ktalbert@cap-az.com. Interpretations or clarifications considered necessary by CAWCD will be delivered prior to the due date to all parties that have obtained or downloaded Contract Documents directly from CAWCD. Entities that have obtained Contract
Documents from other sources are responsible for obtaining any addenda or updates. Questions received less than seven (7) days prior to the due date may not be answered. Only questions answered by formal written Addenda will be binding upon CAWCD. Oral and other interpretations or clarifications will be without legal effect. Addenda may also be issued to modify the Contract Documents as deemed advisable by CAWCD. The Proposal shall contain an acknowledgement of Addenda.
2.6. MODIFICATION OR WITHDRAWAL OF PROPOSALS
A Proposal may not be modified, withdrawn or canceled at any time after the time and date designated for the receipt of Proposals.
A Proposal may be modified or withdrawn prior to the time and date designated for receipt of
Proposals.
A Proposal may be resubmitted up to the time designated for the receipt of Proposals.
2.7. RIGHT OF ACTION OR CLAIM
The successful Respondent shall not have any right of action or claim before a Contract has been signed by the Respondent and CAWCD.
2.8. COST ANALYSIS
In the event only one (1) Proposal is received, CAWCD may require the Respondent to submit a
Proposal in sufficient detail to perform a cost analysis to determine if the Proposal is fair and reasonable.
2.9. PROJECT SCHEDULE
Critical dates for this project are detailed below:
Issue Date: September 10, 2026
Questions Due: September 24, 2026, 10:00am
Proposal Due: October 8, 2026, 3:00pm
Estimated Date of Evaluation
Completion:
October 19, 2026
Estimated Date of Contract Award: October 20, 2026
Field Work Schedule: TBD
Final Deliverables Due: December 31, 2026
3. EVALUATION
A. CAWCD in its sole discretion may (1) reject for any reason any or all Proposals; (2) reject a
Proposal not accompanied by data required by the Proposal Documents; (3) accept other than the lowest cost Proposal; (4) waive minor deviations in Proposals received; (5) multi-award and (6) reissue a Request for Proposal.
B. The evaluation criteria are set forth below and are intended to be the basis by which each
Proposal shall be evaluated. This is a two-step process.
Following the evaluation of the technical Proposals, the price Proposals will be evaluated for the top-ranking technical Proposals (number at the discretion of CAWCD). The lowest price of the top-ranking technical Proposals will receive 100% of the available pricing points. The next lowest price of the top-ranking technical Proposals will receive percentage of the available pricing points in relation to the lowest price (i.e. if the next lowest price is within a 10% variance of the lowest price, they will receive 90% of the available pricing points.
A short list will be prepared of the top (number at the discretion of CAWCD) highest ranking technical and price Proposals upon a combined score of technical and price. These firms may be invited to provide an oral presentation/interview and to negotiate best and final offers.
C. Award of the Contract shall be made to the Respondent whose Proposal is determined, at the sole discretion of CAWCD, to be most advantageous to CAWCD, taking into consideration evaluation factors identified below.
No. Evaluation Criteria Scoring Method Weight (Points)
1. Technical Compliance, Understanding &
Approach Points Based 20
(20% of Total)
2. Respondent Experience and Expertise Points Based 20 (20% of Total)
3. Quality Assurance Processes Points Based 15 (15% of Total)
4. Time, Project Management, Warranty &
Service Points Based 20
(20% of Total)
5. Proposal Quality Points Based 10 (10% of Total)
6. Price Points Based 15 (15% of Total)
4. SPECIAL PROVISIONS
4.1. Voluntary Protection Program Requirements
CAWCD is an OSHA approved Voluntary Protection Program (VPP) worksite which promotes effective worksite-based safety and health. Contractor's and subcontractor's employees are required to comply with OSHA VPP requirements while providing Services for CAWCD. Prior to the start of
Services, CAWCD will conduct VPP requirement orientation consisting of CAP safety rules, emergency procedures, Personal Protective Equipment (PPE), and chemicals or hazardous materials as applicable to the Services being performed.
5. INSURANCE PROVISIONS
REQUIREMENTS
Consultant/Contractor and subcontractors shall procure and maintain insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant/Contractor, his agents, representatives, employees or subcontractors, until all their obligations have been discharged, including any warranty periods under this Contract are satisfied.
The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The indemnity covenants contained in this contract in no way limit the required insurance provisions. CAWCD in no way warrants that the minimum limits contained herein are sufficient to protect the Consultant/Contractor from liabilities that might arise out of the performance of the work under this contract by the Consultant/Contractor, its agents, representatives, employees or subcontractors. Consultant/Contractor is free to purchase additional insurance. If the Consultant/Contractor maintains broader overage and /or higher limits than shown above as required, CAWCD shall be entitled to the broader coverage or higher limits maintained by the Consultant/Contractor to the extent permitted by law.
NOTICE OF CANCELLATION
The Consultant/Contractor will notify CAWCD, in writing, if any policy or coverage provision is suspended, voided, canceled, or reduced in coverage or in limits. Such notice to be, if possible, thirty
(30) days prior to the scheduled change. Such notice shall be sent directly to (Central Arizona
Water Conservation District, Risk and Insurance Administrator, P. O. Box 43020, Phoenix, AZ
85080-3020).
ACCEPTABILITY OF INSURERS
Insurance is to be placed with duly licensed or approved non-admitted insurers in the state of Arizona with an “A.M. Best” rating of not less than A- VII. The Central Arizona Water Conservation District in no way warrants that the above-required minimum insurer rating is sufficient to protect the
Consultant/Contractor from potential insurer insolvency.
VERIFICATION OF COVERAGE
Consultant/Contractor shall furnish the Central Arizona Water Conservation District with certificates of insurance (ACORD form or equivalent) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.
All certificates and endorsements are to be received by the Central Arizona Water Conservation
District before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. CAWCD in no way warrants that acceptance of insurance documents relieves the
Consultant/Contractor or Subcontractors from maintaining the insurance coverage required in this contract. Failure to identify deficiency does not waive insurance requirements. If commercial general liability for products and completed operations coverage is required, the policy shall remain in effect for 2 years past the project completion. Failure to maintain the insurance policies as required by this
Contract, or to provide evidence of renewal, is a material breach of contract.
All certificates required by this Contract shall be sent directly to (Central Arizona Water
Conservation District, Risk & Insurance Administrator, P. O. Box 43020, Phoenix, AZ 85080-
3020). The Contract number and Contract description shall be noted on the certificate of insurance. The Central Arizona Water Conservation District reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time.
SUBCONTRACTORS
Consultant/Contractor's certificate(s) shall include all subcontractors as insureds under their policies or Consultant/Contractor shall verify that all subcontractors maintain insurance meeting all requirements stated herein. Consultant/Contractor shall ensure that the above additional insureds are required on the subcontractor’s policies. For CGL additional insured coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13 and CG 20 40 12 19 to cover parties they do not directly contract with. All coverages for subcontractors shall be subject to the minimum requirements identified herein.
APPROVAL
Any modification or variation from the insurance requirements in this Contract shall be made in writing as a formal Contract amendment.
EXCEPTIONS
In the event the Consultant/Contractor or sub-contractor(s) is/are a government entity, then the
Insurance Requirements shall be provided by a Certificate of Self-Insurance.
MINIMUM SCOPE AND LIMITS OF INSURANCE
Consultant/Contractor shall provide coverage with limits of liability not less than those stated below.
A. Commercial General Liability – Occurrence Form
Policy shall include bodily injury, property damage, personal injury and broad form contractual liability coverage.
General Aggregate..............................................$2,000,000
Products – Completed Operations Aggregate.....$2,000,000
Personal and Advertising Injury...........................$1,000,000
Blanket Contractual Liability – Written and Oral..$1,000,000
Damage to Rented Premises...................................$50,000
Each Occurrence.................................................$2,000,000
1. Using form CG 2010 (10/01) and CG 2037 (10/01), or equivalent, the policy shall be endorsed to include to the fullest extent permitted by law the following Additional Insured language: “The United States Bureau of Reclamation and Central Arizona Water
Conservation District, its officers, directors, employees, agents and consultants, and each and any of them shall be named as Additional Insured with respect to liability arising out of the activities performed by or on behalf of the Consultant/Contractor.”
2. The policy shall be endorsed with Aggregate Limits of Insurance CG 2504 or 2503 as appropriate on the Commercial General Liability policy.
3. Contractor/Consultant’s insurance shall be endorsed to be primary and non-contributory coverage over any insurance or self-insurance of CAWCD.
B. Automobile Liability
Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in the performance of this Contract.
Combined Single Limit (CSL)......................$1,000,000
C. Workers’ Compensation and Employers’ Liability
Workers’ Compensation.................................Statutory
Employers’ Liability
Each Accident............................................$1,000,000
Disease – Each Employee.........................$1,000,000
Disease – Policy Limit................................$1,000,000
1. To the extent permitted by law the policy shall contain a waiver of subrogation in favor of
The United States Bureau of Reclamation and the Central Arizona Water Conservation
District, its officers, directors, employees, agents and consultants for losses arising from work performed by or on behalf of the Consultant/Contractor.
2. This requirement shall apply separately to each Consultant/Contractor or subcontractor exempt under A.R.S. 23-902, when such Consultant/Contractor or subcontractor executes the appropriate waiver (ARS.23-961(P) Sole Proprietor/Independent Consultant) form.
D. Commercial Umbrella or Excess Liability – occurrence form
Each Occurrence.....................................$1,000,000
This coverage is optional. It may be used in conjunction with underlying coverage to meet the minimum limits as outlined above.
6. GENERAL TERMS AND CONDITIONS
DEFINITIONS
When used herein, unless otherwise distinctly expressed, the terms:
A. "Addenda" shall mean written or graphic instruments issued by CAWCD prior to the execution of the Contract Documents which modify or interpret the Contract Documents by additions, deletions, clarifications or corrections.
B. “Attachment” shall mean any item the Contract Documents require the Contractor to submit.
C. "CAWCD" shall mean the Central Arizona Water Conservation District.
D. "Contractor" shall mean the company that is awarded the Contract for the supply of the specified Goods or Services.
E. "Contract" or "Contract Documents" shall mean and consist of the Invitation for Bids, Request for Proposals, Request for Quotations, Request for Statements of Qualifications, the Purchase
Order or any other offer accepted by CAWCD, and all Addenda and all Modifications and if applicable, any notice to proceed .
F. "Goods" shall mean any or all of the goods, products, materials, supplies, and equipment to be provided as a part of the Contract Documents whether or not specifically identified in the
Contract Documents.
G. "Modification" shall mean (1) a written amendment to the Contract or Contract Documents signed by both parties, or (2) a Change Order.
H. "Services" shall mean all labor and equipment furnished or utilized in the performance of the
Work required herein.
I. "Subcontractor" means a person who contracts to perform work or render service to Contractor or to another subcontractor as a part of this Contract.
J. “Work” shall mean all demolition and construction services, supervision, administration services, coordination of all subcontractors, tests, inspections, and other Goods that are necessary to and appropriate for the finishing, equipping and functioning of the facilities and structures required for completion of the Contract.
K. "Uncontrollable Forces” shall mean any cause beyond the control of the party affected, including but not limited to the failure or threatened failure of facilities, flood, earthquake, storm, lightning, epidemic, war, act of terrorism, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority, and action or non-action by or failure to obtain the necessary authorizations or approvals from any governmental agency or authority not a party to this Contract, which by exercise of due diligence such party could not reasonably have been expected to avoid and which by exercise of due diligence it shall be unable to overcome. Nothing contained herein shall be construed so as to require a party to settle any strike or labor dispute in which it is involved.
AMENDMENTS AND MODIFICATIONS
CAWCD may, at any time, make changes in the drawings, designs, specifications, quantities, schedule, or the manner, method, or place of performance. All changes must be in writing and provided to Contractor prior to performance of Work or shipment of Goods. If such change increases or decreases the cost or the time required for performance under this Contract, an equitable adjustment shall be made in the price and delivery schedule, as applicable, by mutual agreement between the parties. Any claim for price or schedule adjustment under this section must be asserted within thirty (30) calendar days from written notice of the change or such claim shall be considered waived.
TIME IS OF THE ESSENCE
Time is of the essence respecting performance under this Contract.
FORCE MAJEURE
Contractor shall be excused from delay in performance if such delay is due to Uncontrollable
Forces. Failure to notify CAWCD within thirty (30) calendar days of the occurrence of Uncontrollable
Forces will be deemed a waiver of any claim for an extension of time for performance by Contractor.
WAIVER; REMEDIES
The waiver by CAWCD of any breach or failure to provide full performance under any of the terms and conditions of this Contract shall not be construed as a waiver of any other terms or conditions, or of any subsequent breach of the same or any other terms or conditions. CAWCD's acceptance of any Goods or Services performed under this Contract shall not be construed as a waiver of any rights of CAWCD arising out of any prior or subsequent failure of Contractor to comply with any of the terms or conditions of this Contract. The remedies reserved to CAWCD shall be cumulative and shall be in addition to all other remedies at law or equity available to CAWCD.
CANCELLATION
CAWCD may cancel all or any part of this Contract if CAWCD determines that cancellation is in the best interest of CAWCD. CAWCD may cancel all or any part of this Contract upon Contractor’s default or any breach of performance due under the terms and conditions of this Contract or failure to meet or comply with any specifications, schedules or exhibits attached hereto, or upon the happening of any of the following: 1) insolvency of Contractor, 2) filing of a voluntary or involuntary petition in bankruptcy by Contractor, 3) appointment of a receiver or trustee for Contractor, or 4) execution by
Contractor of any assignment for benefit of creditors. In the event of cancellation occasioned by a breach, default, insolvency, petition or assignment, CAWCD shall only be liable for delivered Goods or Work in progress which have been accepted at the time of notice of cancellation.
INDEMNITY
To the extent permitted by law, Contractor and any Subcontractor, if any, shall indemnify and hold harmless the United States of America, CAWCD and its directors, officers, other agents and employees against all liability, losses, damages, costs, charges, expenses, including reasonable attorneys' fees, claims, demands and causes of action, based upon or arising out of any injury
(including death) or damage to any persons or property, which the United States of America, CAWCD or its directors, officers, agents or employees may incur or be subjected to as a result of any negligent, reckless or intentional wrongful conduct by the Contractor, Subcontractor or any other person employed or used by the Contractor or Subcontractor in connection with the Contract, Subcontract or project. The indemnity provided herein shall survive the termination of the Contract.
TAXES
All federal, state or local taxes which are billed to CAWCD by the Contractor on account of the
Services performed or Goods furnished by this Contract, including taxes based upon or measured by the gross receipts shall be separately stated in Contractor's invoice.
GOVERNING LAW
This Contract shall be formed, construed and governed by the laws of the state of Arizona, both as to interpretation and performance.
NOTICES
Unless otherwise provided, all notices required to be given shall be in writing and may be given in person, by facsimile transmission, electronic mail or by United States mail postage prepaid, and shall become effective at the earliest of actual receipt by the party to whom notice is given, delivery to the designated address of the party, or if mailed, three (3) business days after deposit in the United
States mail addressed as shown below or to such other address as such party may from time to time designate in writing.
To CAWCD:
Central Arizona Water Conservation District P.O. Box 43020 Phoenix, Arizona 85080-3020 Attn: Contract and Procurement Services Supervisor
To Contractor:
At the address shown on the face of the purchase order or as otherwise noted in the Contract
Documents.
SEVERABILITY
In the event any provision hereof shall be declared invalid, such provision shall be deemed severable from the remaining provisions of this Contract, which shall remain in full force and effect.
WEAPON-FREE WORKPLACE
A. It is the intention of CAWCD to maintain a safe and productive work environment free from threats or acts of violence. CAWCD is committed to maintaining a workplace free from violence for all employees, contractors, vendors, customers, and visitors. All CAWCD employees, third-party contract workers, contractors, vendors, and visitors are prohibited from bringing or possessing firearms, explosives, or dangerous or offensive weapons on CAP property or in any vehicles. Only public law enforcement officials or CAWCD Protective
Services employees with proper and documented training are authorized to carry firearms. This provision shall not create an obligation on the part of CAWCD to take any action beyond what is required by law.
B. Contractors shall notify CAWCD’s Contract and Procurement Services Supervisor when a contract requires explosives, nail guns, or similar Goods be brought onto CAWCD property.
DISPUTE RESOLUTION /ARBRITRATION
A. Any dispute between CAWCD and the Contractor shall be referred to a designated senior representative of CAWCD and a designated senior representative of the Contractor for resolution on an informal basis as promptly as practicable. In the event the designated representatives are unable to resolve the dispute within thirty (30) calendar days or such other period as the parties may mutually agree, the dispute shall be submitted to arbitration for resolution.
B. Any arbitration initiated pursuant to the Contract shall be brought in Phoenix, Arizona and conducted before a single neutral arbitrator agreed to by the parties. If the parties fail to agree upon a single arbitrator within ten (10) calendar days of the referral of the dispute to arbitration, each party shall choose one arbitrator who shall sit on a three-member arbitration panel. The two arbitrators so chosen shall, within twenty (20) calendar days, select a third arbitrator to chair the arbitration panel. In either case, the arbitrators shall be knowledgeable in the subject matter of the Contract, and shall not have any current or past substantial business or financial relationships with any party to the arbitration (except prior arbitration). The arbitrator(s) shall provide each of the parties an opportunity to be heard and, except as otherwise provided, shall generally conduct the arbitration in accordance with the Commercial Arbitration Rules of the
American Arbitration Association.
C. Unless otherwise agreed, the arbitrator(s) shall render a decision within ninety (90) calendar days of appointment and shall notify the parties in writing of the decision and the reasons for the decision. The arbitrator(s) are authorized only to interpret and apply the provisions of the
Contract and any amendments entered into under the Contract and shall have no power to modify or change any of the above in any manner. The decision of the arbitrator(s) shall be final and binding upon the parties, and judgment on the award may be entered in any court having jurisdiction. The decision of the arbitrator(s) may be appealed solely on the grounds that the conduct of the arbitrator(s), or the decision itself, violated the standards set forth in the
Federal Arbitration Act and/or Administrative Dispute Resolution Act.
D. Each party shall be responsible for its own costs incurred during the arbitration process and for the following costs, if applicable: One-half the cost of the single arbitrator jointly chosen by the parties; or the cost of the arbitrator chosen by the party to sit on the three-member panel and one-half of the cost of the third arbitrator chosen.
SUCCESSORS AND ASSIGNS
A. The Contract shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. The Contractor shall not assign or otherwise transfer the Contract or delegate its duties hereunder to any other person or entity without the prior written consent of CAWCD.
B. The Contractor shall not subcontract the Services specified herein to any third party without the prior written consent of CAWCD. All subcontracts entered into by the Contractor shall be subject to all the terms and conditions of this Contract. All subcontracts shall bind the subcontractor to any and all obligations, terms, covenants, and conditions contained in this
Contract.
PRICE, PAYMENT, INVOICES
A. Any price specified in this Contract is exclusive of all sales, use and transaction privilege taxes, and taxes based on the gross receipts of the Contractor, unless expressly stated otherwise.
Any price specified in this Contract includes all charges for packing and loading.
B. The original invoice shall be mailed to CAWCD's Accounts Payable at the time of delivery of the Goods. The invoice shall reference the purchase order number, describe the Goods as shown on this Contract, and state all transportation charges and taxes separately. CAWCD may make adjustments in Contractor's invoices, either before or after payment due to shortage, late delivery, rejection, or other failure to comply with the performance requirements of this Contract. The time for payment of invoices, or for accepting any prompt payment discounts offered, shall run from the date correct invoices are received by CAWCD.
C. If CAWCD requests a refund, it shall be paid to CAWCD within fifteen (15) calendar days after
Contractor’s receipt of CAWCD’s notice of rejection. CAWCD reserves the right to use monies owed, but unpaid, to Contractor for rejected Goods as a credit against future or existing obligations of CAWCD to Contractor.
COMPLIANCE WITH LAWS
Contractor warrants that all Goods and Services supplied hereunder have been sold, produced, delivered and furnished in strict compliance with all applicable laws and regulations to which the
Contractor is subject, including but not limited to the Civil Rights Act of 1964, Executive Order 11246, the Walsh-Healy Act and the Occupational Safety and Health Act. To the extent applicable, the
Equal Opportunity Clause provided for in the Regulations issued pursuant to Executive Order 11246;
the Affirmative Action Clause for Handicapped Workers provided for in the Regulations issued pursuant to the Rehabilitation Act of 1973; and the Affirmative Action Clause for Disabled Veterans and Veterans of the Vietnam era provided for in the Regulations issued pursuant to the Vietnam
Veterans Adjustment Act of 1974, are hereby incorporated by reference as though fully written herein.
The provisions of this Section shall be included in every subcontract unless exempted. Contractor shall execute and deliver to CAWCD such documents as may be required to effect or evidence compliance with such laws, rules, regulations, executive orders, permits and other authorizations.
ENTIRE AGREEMENT; MODIFICATION
This Contract, including any schedules, exhibits, riders or attachments incorporated herein, and any
Addenda or Modifications hereto constitute the entire agreement between the parties, and no understandings or obligations not herein expressly set forth shall be binding upon them. No modification, amendment, or alteration of this Contract shall be valid unless it is in writing and signed by the Contractor and CAWCD. The Contract shall not be modified, amended or altered by
Contractor’s preprinted forms. No verbal agreements with any officer, agent or employee of CAWCD or Contractor shall affect or modify any of the terms or obligations set forth in the Contract.
PERMITS AND RESPONSIBILITIES
The Contractor shall, without additional expense to CAWCD, be responsible for obtaining any and all licenses and permits, and for complying with any federal, state, and municipal laws, codes, and regulations applicable to the performance of the Contract.
CONTRACT DOCUMENTS ORDER OF PRECEDENCE; DRAWINGS
A. In the event of a conflict in the provisions of the Contract Documents, as accepted by CAWCD and as they may be amended, the following shall prevail in the order set forth: 1) Purchase
Order, 2) Special Provisions, 3) General Terms Specifications, and Conditions, 4) or Scope of
Work, 5) Attachments, 6) Exhibits.
B. Any drawings included with the Contract shall be considered to supplement the specifications regardless of where they may appear. Any inconsistency between the drawings and the specifications shall be resolved by giving precedence to the specifications.
COMPLIANCE WITH ARIZONA EMPLOYERS SANCTIONS LAW
Pursuant to Arizona Revised Statute (“ARS”) Section 41-4401 Contractor shall comply with and ensure that each subcontractor complies with the federal immigration laws and regulations that relate to their employees and the provisions of ARS Section 23-214, subsection A. By submitting an offer or accepting a purchase order, the Contractor agrees that it shall comply and ensure that each subcontractor complies with all of the following provisions:
A. Contractor and each and every subcontractor warrants their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with ARS
Section 23-214, subsection A.
B. A breach of a warranty under this Section shall be deemed a material breach of this Contract that is subject to penalties up to and including termination of this Contract.
C. c) CAWCD retains the legal right to inspect the papers of any Contractor or subcontractor employee who works on the Contract to ensure that Contractor or any subcontractor is complying with the warranty under this section.
D. d) The Contractor will cooperate with CAWCD to develop a process to verify the Contractor’s and subcontractors’ employment records to comply with this provision. CAWCD, at its sole discretion, will determine the method of verification. Contractor shall comply and cooperate with any procedures established by CAWCD to conduct random verification of the employment records of Contractor and any subcontractor to ensure that the Contractor and subcontractors are complying with their warranties. If Contractor or any of its subcontractors employs any subcontractor(s) in performance of this Contract, Contractor shall notify CAWCD in writing and shall provide evidence of each subcontractor's agreement to the requirements of this Section by providing a certification satisfactory to CAWCD.
E. CAWCD shall not deem Contractor or any of its subcontractors in material breach of this
Contract if Contractor or any affected subcontractor(s) establishes that it has complied with the
E-Verify program prescribed by sections 274a and 274b of the Federal Immigration and
Nationality Act and the E-Verify requirements prescribed by Arizona Revised Statutes Section
23-214, subsection A.
F. All costs necessary to verify compliance with this Section are the responsibility of the
Contractor.
G. For the purposes of this Section:
1. "E-verify program" means the employment verification pilot program as jointly administered by the United States Department of Homeland Security and the Social Security
Administration or any of its successor programs.
2. “Services” means the furnishing of labor time or effort in this state by a Contractor or
Subcontractor.
ISRAEL A.R.S. SECTION 35-393.01
To the extent permitted by law, pursuant to Arizona Revised Statute § 35-393.01, and to the extent applicable to this Contract, Contractor certifies that it is not currently engaged in, and agrees for the duration of the Contract to not engage in, a boycott of goods or services from Israel.
7. SERVICES TERMS AND CONDITIONS
INSPECTION AND ACCEPTANCE OF SERVICES
A. CAWCD shall have the right to inspect and test all Goods and Services called for by the
Contract Documents, to the extent practicable, at all times and places during the term of the
Contract. CAWCD shall perform inspections and tests in a manner that will not unduly delay the Work.
B. If CAWCD performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish, without additional charge, all reasonable facilities and assistance for the safe and convenient performance of these inspections or tests.
C. CAWCD shall not be deemed to have accepted the Goods or Services until sufficient tests and inspections have been made by CAWCD to determine that they meet all requirements of the
Contract Documents. Such tests and inspections shall be as specified by CAWCD and shall be held at a time and in the manner defined by CAWCD. If after inspection or testing, CAWCD determines in its sole discretion, that the Goods or Services do not meet CAWCD’s specifications, CAWCD may refuse to accept it. CAWCD must advise the Contractor of the results of the inspection or tests within a reasonable time. The Contractor shall have a reasonable time within which to replace the Goods or correct the Service at its own expense.
D. In the event that CAWCD determines that any portion of the Goods or Services is not in accordance with the requirements of this Contract, and CAWCD determines in its sole discretion that replacement of the Goods or correction of the Service will adversely impact the schedule, CAWCD may either; 1) direct the Contractor to remove or replace the Goods or correct the Service without cost to CAWCD or adjustment in the Contract time or 2) accept the defective Work and issue a Change Order reducing the contract sum by an amount which, in
CAWCD’s discretion, is appropriate and reasonable. Such adjustment shall be effected whether or not final payment has been made and shall not require the acceptance of the
Contractor.
INDEPENDENT CONTRACTOR STATUS
The Contractor shall perform the Services specified herein in the capacity of an independent contractor, and neither the Contractor nor any of its officers, directors, employees, or agents shall be considered employees or agents of CAWCD. The Contractor and its officers, directors, employees, and agents shall not be entitled to or authorized to participate in any benefits or privileges given or extended by CAWCD to its employees.
SAFETY AND HEALTH
A. The Contractor shall not require any worker employed in the performance of this Contract, (including subcontractors) to work under conditions that are unsanitary, hazardous, or dangerous to the worker’s health or safety, as determined under the state and federal
Occupational Safety and Health Administration (OSHA) regulations for construction and/or general industry, as applicable, and the U.S. Bureau of Reclamation Safety and Health
Standards (RSHS), and CAWCD’s Safety Resource Manual (SRM). In the event there is a conflict between the requirements contained in any of the safety documents referenced herein, the more stringent requirements shall prevail. The Contractor shall immediately report to
CAWCD’s representative all cases of Contractor related death, occupational diseases, or traumatic injury to employees, and/or any property damage.
B. The Contractor shall also be responsible for providing to all its employees and to CAWCD, a
Safety Data Sheet (SDS) for all chemicals or hazardous materials used in performing the
Work. The information in the SDS shall include the environmentally acceptable disposal of the commodity used at CAWCD. The SDS must be supplied and approved by CAWCD prior to commencement of Work. Contractor warrants it has an OSHA compliant safety program addressing the service to be performed, and that the program will be made available to
CAWCD upon request. The Contractor warrants it will prepare a Job Safety Analysis (JSA) of the Work to be performed and provide CAWCD with a copy of the JSA to train its employees regarding the expected hazards of the work and the methods that will be used to mitigate those hazards. Such training must occur, and be documented, prior to the performance of any work.
C. If the Work hours to complete this Contract are five hundred (500) or more hours in any one-quarter the following shall apply:
1. The Contractor will report the number of work hours and incidents of injury/illness (including any lost time injury) quarterly as a result of Work performed for this Contract on the form provided by CAWCD.
D. The Contractor shall provide training and supporting documentation, in accordance with the requirements of OSHA, RSHS, and SRM. This applies to all employees performing the
Contract Work, and at a minimum shall include the following:
1. Training about hazards and hazard control methods specific to their particular job.
2. The Contractor shall be responsible for providing these instructions, together with ensuring that the Contractor and all subcontractor's employees possess the necessary qualifications, licenses, and permits required to perform the work.
3. The Contractor shall provide CAWCD with an orientation on provisions of their Safety and
Health program. The orientation shall include applicable requirements of safety and health policies, reporting accidents and injuries, first aid and medical care, emergency response, applicable safety and health standards, and sources of information on safety and health questions.
4. All training shall be documented in writing with, at least, the title, date, and length of training, instructor or provider, and names of Contractor's and subcontractor's employees completing the training. The records for all training applicable to the Work performed by this
Contract shall be made available to CAWCD upon request within ten (10) calendar days from the date of such request.
E. Prior to the start of the Services, Contractor shall appoint an employee as the Safety
Representative and contact person for this Contract. The employee should be capable of identifying existing and predictable hazards in the surroundings or working conditions that are unsanitary, hazardous, or dangerous to employees.
F. Whenever CAWCD becomes aware of any noncompliance with the safety requirements or any condition, that creates a serious or imminent danger to the health or safety of the public or
CAWCD personnel, the Contractor will be notified orally, followed by written confirmation, and requested to take immediate corrective action. This notice, when delivered to the Contractor or
Contractor’s Safety Representative at the Work location, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice the
Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, CAWCD may issue an order stopping all or part of the
Services until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the Contract price or extension of the performance schedule on any Stop Work Order (as defined in the SRM) issued under this section.
STANDARD OF PERFORMANCE
A. Contractor warrants and guarantees to CAWCD that the Work shall be performed in a manner consistent with high standards for projects of a similar nature. The Contractor shall comply with recognized workmanship quality standards within the industry as applicable to each unit of
Work. All references to standards whether for materials, processes, assemblies, workmanship, performance, or similar purpose shall mean, unless otherwise noted, the most recent available published version of such standard. When reference is made to standards, the standards are to be made a part of this Contract, and to have the same effect as if fully reproduced herein. It is a requirement that each person or installer performing the Work be qualified, to the extent of being familiar with applicable and recognized quality standards for that category of Work, and being capable of workmanship complying with those standards.
B. The Contractor warrants to CAWCD that materials and equipment furnished will be new and of good quality, that the Work will be free from defects not inherent in the quality required or permitted, will be fully compatible with existing materials and equipment, and that the Work will conform with all requirements. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective.
DRAWINGS AND DOCUMENTS
Any drawings, survey data, reports, studies, specifications, estimates, maps, computations, and other documents required to be prepared by Contractor for the Work shall be the property of
CAWCD. Subject to the disclosure requirements of the Arizona Public Records Law, any drawings and other documents prepared by the Contractor for the Work shall not be used on other Work without the prior written approval of the CAWCD.
AUDIT
CAWCD shall have the right, at its own expense, to designate its own employee representatives, independent Contractors or agents to audit and to examine, inspect and copy Contractor’s written policies and procedures, subcontract files (including proposals of successful and unsuccessful bidders), all documents, books, records, data compilations on any storage media, computer programs or other evidence (collectively, Contractor’s Records) deemed necessary by CAWCD to substantiate any of Contractor’s invoices and to audit for compliance with the terms and conditions of the
Contract. The Contractor and its sub-contractor(s) shall maintain Contractor’s Records for a minimum of three (3) years after the completion of the Contract. The Contractor’s Records shall be available for review and audit by CAWCD or its designee at reasonable times. The Contractor agrees to cooperate fully with any audit conducted by CAWCD and to provide full access to all materials. Failure to maintain the books, records and supporting documents required by this paragraph shall establish a presumption in favor of CAWCD for recovery of any funds paid by
CAWCD under the Contract.
CLEAN UP
A. The Contractor shall at all times keep the premises free from accumulations of waste material or rubbish caused by the Contractor’s Work. At the completion of the Work, the Contractor shall remove all Work signs and all rubbish and temporary Work, of every nature, from and about the Work and the site. The Contractor shall remove all tools, scaffolding and surplus materials and shall leave the Work site broom clean or its equivalent. If the Contractor fails to clean up as required by this Contract, CAWCD may do so, and the costs associated with such cleanup shall be charged to the Contractor.
B. The Contractor shall clean on a daily basis, all interior and exterior areas, including those that are visible from outside the job site.
C. During the performance of all Work, Contractor shall at all times keep the site, streets, highways, roads, and properties which it may utilize free from waste materials, debris and/or rubbish and shall employ appropriate dust control measures. If accumulation of materials, debris, rubbish, or dust constitutes a nuisance or safety hazard or is otherwise objectionable in any way, as determined by CAWCD, Contractor shall promptly remove them.
8. SCOPE OF WORK
The Scope of Work for this project is included as an attachment. Please view the Attachments section for the Scope of Work details.
9. COST PROPOSAL
PICACHO PUMPING PLANT UNIT 2 ROTOR POLE REWIND
Line Item Description Quantity Unit of
Measure Unit Cost Total
1 Picacho Unit 3 Rotor Pole (2ea)
Rewind
1 LS
TOTAL
10. QUESTIONNAIRE
General Requirements for completing the Questionnaire
A. Respond completely, with sufficient detail, to all of the questions noted in the
“QUESTIONNAIRE”. Your submittal must state the question followed by the answer to the question.
B. Through the responses to these questions, the Respondent should be able to demonstrate that the services provided will address the needs of CAWCD as defined in the Scope of
Work/Technical Specifications of this solicitation.
C. An MS Word version of this Questionnaire is available upon request to aid the Respondent in responding to this solicitation.
1. Resolution Confirmation*
By clicking "Please confirm", you are authorizing that the person or persons submitting this proposal are legally authorized to bind the Respondent to a contract.
☐ Please confirm
*Response required
2. TECHNICAL COMPLIANCE, UNDERSTANDING & APPROACH
2.1. Summarize your deviations to the specifications including reasoning for the deviations.*
*Response required
2.2. Provide a summary of how you will approach this project.*
*Response required
3. RESPONDENT EXPERIENCE AND EXPERTISE
3.1.
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