Title
Power Packs and Hydraulic-Powered Sludge Cake Pumps, Parts and Training Contract - RFA-2425-WWT-688 - Request for Award (Ordinance S-52011) - Citywide
Description
Request to authorize the City Manager, or his designee, to enter into a contract with Schwing Bioset Inc. to provide power packs and cake pumps for the Water Services Department. Further request to authorize the City Controller to disburse all funds related to this item. The total value of the contract will not exceed $1,500,000.
Report
Summary
This contract will provide replacement parts used in wastewater material handling equipment at the 91st Avenue Wastewater Treatment Facility exclusively manufactured and distributed by Schwing Bioset Inc. Due to the essential wastewater treatment functions of the six hydraulically powered sludge cake pumps, it is paramount to ensure proper parts are utilized in the maintenance of the equipment.
Procurement Information
In accordance with Administrative Regulation 3.10, standard competition was waived as a result of an approved Determination Memo based on the following reason: Special Circumstances Without Competition. Schwing Bioset Inc. is the original manufacturer and exclusive distributor of parts for the Schwing Bioset Inc. hydraulically powered sludge cake pumps. In addition, Schwing Bioset Inc. conducts staff maintenance training on a bi-annual basis by an Authorized/Certified Schwing Bioset Inc. Representative.
The Water Services Department requests a waiver from Phoenix City Code Section 42-18(C). Schwing Bioset Inc. seeks to restrict the standard indemnification terms. Schwing will only agree to limit the liability to (1) the supply of parts and provisions of services that Contractor and its personnel directly perform under the agreement. (2) the operation/maintenance of any parts/equipment that Contractor and its personnel directly perform under the agreement or (3) the installation of any parts/equipment that Contractor and its personnel directly perform under the agreement. If the City Council approves this waiver, allegations of wrongdoing against the City or a third party which is not directly related to the parts of provision of services will require the City to defend and resolve any litigation itself.
Contract Term
The contract will begin on or about June 1, 2025, for a seven-year term with no options to extend.
Financial Impact
The aggregate contract value will not exceed $1,500,000 for the seven-year aggregate term. Funding is available in the Water Services Department's operating budget.
Department
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Water Services Department.