Contract No. 32700025- AZ Wastewater Industries, Inc.pdf
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COOPERATIVE CONTRACT PURCHASE ADDENDUM (CCPA) BETWEEN THE CITY OF BUCKEYE AND AZ WASTEWATER INDUSTRIES, INC. SEWER VACUUM, HYDRO-EXCAVATION AND MUNICIPAL PUMPING EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES CONTRACT NO. 32700025 THIS COOPERATIVE CONTRACT PURCHASE ADDENDUM (this ³Addendum´) is entered into as of ____________________ between the City of Buckeye, an Arizona municipal corporation (the ³City´), and AZ Wastewater Industries, Inc., a Nevada corporation (the ³Contractor´). WHEREAS, after a competitive procurement process, which is documented in the Award attached hereto as part of Exhibit A, Sourcewell and Sewer Equipment Co. of America entered into Contract No. 021726-SCA, dated June 10, 2026, (such contract and subsequent amendments thereto herein referred to as the ³Sourcewell Contract´), which is attached hereto as Exhibit A and incorporated herein by reference); and WHEREAS, AZ Wastewater Industries, Inc., Contractor is an authorized distributor and participating entity in the Sourcewell Contract with Sewer Equipment Co. of America; and WHEREAS, the City is permitted by Section 24-3-16 of the City Procurement Code to make purchases via cooperative purchasing pursuant to a cooperative purchasing contract; and WHEREAS, the Sourcewell Contract contains a schedule of prices and service terms, which is attached hereto as Exhibit B and incorporated herein by reference (the ³Proposal´); and WHEREAS, the City desires to accept the Proposal and enter into a contract with the Contractor under the terms and conditions of the Sourcewell Contract, by issuing this Addendum to said contract. THEREFORE, the City now enters into this Addendum with the Contractor for the goods and services set forth in Exhibit B. This Addendum incorporates the terms and conditions of the Sourcewell Contract, except to the extent superseded herein. All references in the Sourcewell Contract to Sourcewell shall be read to refer to the City of Buckeye. This Addendum shall be effective as of the date set forth above for approval and remain in effect for the remainder of the Sourcewell Contract¶s term unless such term is modified or extended pursuant to the terms of the Sourcewell Contract. Payments to the Contractor shall be calculated in accordance with Exhibit B, in a total amount not to exceed $950,000.00. FURTHER, this Addendum is subject to cancellation pursuant to ARS §38-511. FURTHER, to the extent applicable, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and Sewer Vacuum, Hydro-Excavation and Municipal Pumping Equipment with Related Accessories and Supplies Contract No. 32700025 AZ Wastewater Industries, Inc. (REV. 6.10.2025) 1 their compliance with the E-Verify requirements under A.R.S. § 23-214(A). The Contractor¶s or its subcontractors¶ failure to comply with such warranty shall be deemed a material breach of this Addendum and may result in the termination of this Addendum by the City. The City retains the right to inspect the papers of the Contractor¶s or its subcontractors¶ employees who perform any work or services pursuant to this Addendum to ensure compliance with these warranties. FURTHER, to the extent applicable, the Contractor warrants that it is not participating and will not participate in prohibited activity in contravention of A.R.S. § 35-393.01. FURTHER, to the extent applicable under ARIZ. REV. STAT. § 35-394, Contractor certifies that it does not currently, and agrees for the duration of this Agreement that it will not use (i) the forced labor of ethnic Uyghurs in the Peoples Republic of China (³ethnic Uyghurs´), (ii) any goods or services produced by the forced labor of ethnic Uyghurs, or (iii) any Contractors, subcontractors, or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs. If Contractor becomes aware that it is not in compliance with this paragraph, Contractor shall notify the City of the noncompliance within five (5) business days of becoming aware of it. If Contractor fails to provide a written certification that Contractor has remedied the noncompliance within one hundred eighty (180) days after that, this Agreement shall terminate unless the termination date of this Agreement occurs before the end of the remedy period, in which case this Agreement terminates on the Agreement termination date. FURTHER, the Parties agree that the Addendum and Exhibits thereto shall be governed by State of Arizona law and suits pertaining to the Addendum and Exhibits thereto may only be brought in courts located in Maricopa County, Arizona. FURTHER, all modifications, including but not limited to service additions and deletions, will be made in writing and with the written agreement of both parties. FURTHER, in the event of any inconsistency between this Addendum, the Sourcewell Contract, and Exhibit B, the documents shall govern in that order. FURTHER, in the event the Contractor¶s terms of sale or service were provided to the City only upon ³acceptance´ of a ³clickwrap´ or ³clickthrough´ agreement, such terms of sale or service shall not be binding upon the City. No oral agreement, ³clickwrap´ or ³clickthrough´ agreement or other understanding shall in any way modify a City issued or approved contract or the terms of this Cooperative Contract Purchase Addendum (CCPA). [SIGNATURE PAGE TO FOLLOW] Sewer Vacuum, Hydro-Excavation and Municipal Pumping Equipment with Related Accessories and Supplies Contract No. 32700025 AZ Wastewater Industries, Inc. (REV. 6.10.2025) 2 THEREFORE, the Parties have executed this Addendum as of the date first set forth above. CITY CONTRACTOR THE CITY OF BUCKEYE, AZ WASTEWATER INDUSTRIES, INC., an Arizona Municipal corporation a Nevada corporation By: Doug Sandstrom, City Manager Its: ATTEST: Summer Stewart, Interim City Clerk RECOMMENDED: Kevin Custer, Deputy Finance Director APPROVED AS TO FORM: Tosca Henry, City Attorney Sewer Vacuum, Hydro-Excavation and Municipal Pumping Equipment with Related Accessories and Supplies Contract No. 32700025 AZ Wastewater Industries, Inc. (REV. 6.10.2025) 3 EXHIBIT A TO COOPERATIVE CONTRACT PURCHASE ADDENDUM CONTRACT NO. 32700025 Sourcewell Contract See following pages. Sewer Vacuum, Hydro-Excavation and Municipal Pumping Equipment with Related Accessories and Supplies Contract No. 32700025 AZ Wastewater Industries, Inc. (REV. 6.10.2025) 021726-SCA MASTER AGREEMENT #021726 CATEGORY: Sewer Vacuum, Hydro- This Master Agreement (Agreement) is between Sourcewell, located at 202 12th Street Northeast, Staples, MN 56479 (Sourcewell) and Sewer Equipment Co. of America, 1590 Dutch Road, Dixon, IL 61021 (Supplier). Sourcewell is a State of a C Purchasing Program to eligible . Under this Master Agreement entered with Sourcewell, Supplier will provide to C Purchasing Program. ubject, . 1) Pursuant to Minnesota law, the Sourcewell Board of Directors has authorized Purchasing Program designed to provide P E agreements. To facilitate the Program, Sourcewell has awarded Supplier this meet compliance standards in accordance with Minnesota law and the requirements contained herein. 2) C Purchasing Program Master Agreements are . C Purchasing P 4) les and service forces about v052824 1 021726-SCA . 5) Time on June 11 a) Sourcewell and Supplier may agree to up to three -year extensions beyond the original four-year term. The total possible length of this Agreement will be seven (7) b) 6) between 7) #021726 to 1. Sourcewell is seeking proposals for Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies principally intended or designed for the cleaning of sewer lines, catch basins and storm sewers, or for municipal pumping applications, a. Sewer vacuums; b. Sewer jetters and rodders; c. Hydro or air excavation equipment; d. Combination sewer cleaning and hydro-excavation units; e. Dewatering, mud, trash, and centrifugal pumps; f. Other pumps used in lift station, sewage treatment, water treatment, or water collection facilities; and, g. offering of solutions in sub-sections 1. a.- f. above. 8) to the above referenced RFP is incorporated into this Master . 9) . 10) tables) for all Included v052824 2 021726-SCA 11) Suppliers may not exceed the prices listed in the current Pricing List with Sourcewell request adjustments to pricing directly from . 12) process is included within its Proposal. 13) i) Supplier represents and warrants it will provide all Included under this Agreement in full compliance with applicable federal, state, and local laws and ii) As applicable, Supplier will maintain a valid status on all required federal, state, Supplier. iii) Supplier warrants that all Included Agreement are free from liens and encumbrances, and are free from defects in design, materials, in accordance with the ordinary use for which they are intended. 14) Supplier has disclosed all current and completed bankruptcy proceedings within the past seven years if it enters a bankruptcy 15) presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota, the United States federal government, or any warrants that it will p 16) - Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. , all references to federal͟ should be interpreted to mean the United Included i) Except as otherwise provided under 41 C.F.R. § 60, all agreements v052824 3 021726-SCA C.F.R. § 60- -1.4(b), in - Employment Opportunity, Department of Labor.͟ The equal opportunity clause is incorporated herein by reference. ii) - - -federal - - -͞ Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted be required to pay wages to wages not less than once a week. The non-fed -fe the federal awarding agency. The contracts must also include a provision for compliance with the - regula each contractor or subrecipient must be prohibited from inducing, by any means, any person - awarding agency. Supplier must comply with all applicable Davis-Bacon Act provisions. iii) - - involve the employment of mechanics or laborers must include a provision for compliance with every mechanic and laborer on the basis of a standard work week of 4 the standard work week is permissible provided that the worker is compensated at a rate of not the work week. The requirements of provide that no laborer or mechanic must be required to work in surroundings or under working the purchases f an award for all applicable requirements as referenced above. v052824 4 021726-SCA iv) If the federal nment or performance of experimental, developmental, or research work under that funding agreement,͟ the recipient or subrecipient procurement process, Supplier must comply with applicable requirements as referenced above. v) - - Contracts and subgrants of amounts in excess of -federal award to agree to comply with all applicable standards, orders - 7671q) and the Federal - requirements as referenced above. vi) A contract exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines . § 1986 Comp., p. 189) and for debarment, declared ineligible, or volunt department or agency. vii) - Suppliers must ployee of Congress, or an employee of a bying with non-federal funds - required by, and otherwise co - viii) To the extent applicable, Supplier must comply grantees or v052824 5 021726-SCA ix) To the extent applicable, x) To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and xi) Supplier agrees that duly authorized Agreement for the purpose o xii) A non- consistent with maintaining a solid waste management services in a manner that maximizes energy and resource recovery; xiii) The Supplier cannot use the seal(s), logos, crests, -approval. xiv) The U.S. federal government is not a party he Agreement or any purchase by an authorized user. xv) The xvi) -delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit xvii) v052824 6 021726-SCA al Services, Sourcewell, and xviii) The Supplier, and its subcontractors, must comply with xix) this Agreement it will comply with applicable requirements of 2 C.F.R. § 200.216. xx) To the extent applicable, Supplier 1) 2) Supplier may request changes, Clearly specify the requested change; A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Agreement and will be incorporated by reference. v052824 7 021726-SCA Maintenance and management of this Agreement; . 4) Supplier will perform a minimum of one review with Sourcewell per chain issues, customer issues, and 5) Supplier is required as a material element to this Master Agreement to provide complete and accurate this Agreement. 6) ch calendar Supplier must submit a Account Number; If collected by Supplier, 7) v052824 8 021726-SCA 8) For certain categories, a may be proposed. . 9) -assigned Agreement number in the memo; and must be either mailed to Sourcewell 10) Sourcewell reserves the right to seek all remedies available at law for unpaid or delinquent payments future Agreements. 11) Pursuant to Minn. Stat. § 16C.05, subdivision 5, the books, records, and the Minnesota State Auditor for a minimum of six years from the end ance of Sourcewell. 12) Supplier may not assign or otherwise transfer its consent will not be unreasonably withheld. Sourcewell reserves the right to unilaterally assign all or Responsible Party and named in the Agreement. Any prohibited assignment is invalid. Upon request Sou -material updates as determined . 14) Failure by Sourcewell to enforce any right under this Agreement will not be deemed a waiver right. 15) for v052824 9 021726-SCA 16) This Agreement does not create a partnership, joint -servant, or principal-agent. 17) Supplier must indemnify, defend, save, and hold Sourcewell, including their agents Sourcewell, arising out of any act or omission in the performance of this Agreement by the Supplier 18) Supplier and Sourcewell acknowledge Sourcewell is subject to the Minnesota maintained in performance of this Agreement, Supplier may be subject to the requirements of this chapter. 19) a) i) Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive Agreement with Supplier. ii) Supplier grants to Sourcewell a royalty-free, worldwide, non- Sourcewell. b) The right and license granted herein includes a limited right of each Each party will be responsible for any breach of this sublicensees. c) i) . ii) g misuse under v052824 10 021726-SCA d) -printed catalog of 20) laws of the State of Minnesota will govern this Agreement between Sourcewell and Supplier. Venue for all legal proceedings arising out of this Agreement between Sourcewell and Supplier will be in . 21) provision. If the remainder of this Agreement is capable of be 22) At its own expense, Supplier must maintain valid insurance policy(ies) during the performance of this Agreement with insurance company(ies) licensed or authorized to do - verage and a) with coverage on an occurrence basis, and must be subject to terms no less broad than the valent. At a minimum, coverage must include liability arising from premises, -completed tual liability, blanket contractual liability, and be maintained during the term of this Agreement. - b) Sourcewell, 202 12th Street Northeast, Staples, MN 56479 or provided to manner as directed by Sourcewell insurer(s) to bind coverage on their behalf. Failure of Supplier to maintain the required insurance v052824 11 021726-SCA c) - Supplier formed by or on behalf of Supplier, and products provide that coverage is primary and not excess over or contributory with any other valid, - d) Supplier waives and must require (by endorsement or otherwise) all its paid under the insurance policies required by this Agreement or other insurance applicable to -insured e) - The limits required by this Agreement can policy(ies), or self- Sourcewell or Supplier may terminate this Agreement upon 60 any 24) alendar days any . 1) thin . 2) and other relevant terms v052824 12 021726-SCA non- requirements, replacement, return or exchange procedures, and associated costs. -exempt status and for providing Supplier with any valid tax- 4) y. 5) account number. 6) terms may supplant or supersede this Master Agreement when necessary and as solely determined within this Master Agreement, - majeure, and other material terms as mutually agreed. 7) agreement to facilitate long- Agreement as mutually agreed. Such agreements may provide for a performance period extending beyond the full term of this Master Agreement . 8) v052824 13 021726-SCA Sourcewell Sewer Equipment Co. of America Jeremy Schwartz Vanessa Gomez Inside Sales Manager v052824 14 Bid Number: RFP 021726 Vendor Name: Sewer Equipment Co. of America Bid Number: RFP 021726 Vendor Name: Sewer Equipment Co. of America Bid Number: RFP 021726 Vendor Name: Sewer Equipment Co. of America Bid Number: RFP 021726 Vendor Name: Sewer Equipment Co. of America Bid Number: RFP 021726 Vendor Name: Sewer Equipment Co. of America Bid Number: RFP 021726 Vendor Name: Sewer Equipment Co. of America Bid Number: RFP 021726 Vendor Name: Sewer Equipment Co. of America Bid Number: RFP 021726 Vendor Name: Sewer Equipment Co. of America Bid Number: RFP 021726 Vendor Name: Sewer Equipment Co. of America Bid Number: RFP 021726 Vendor Name: Sewer Equipment Co. of America Bid Number: RFP 021726 Vendor Name: Sewer Equipment Co. of America Bid Number: RFP 021726 Vendor Name: Sewer Equipment Co. of America Bid Number: RFP 021726 Vendor Name: Sewer Equipment Co. of America Bid Number: RFP 021726 Vendor Name: Sewer Equipment Co. of America Bid Number: RFP 021726 Vendor Name: Sewer Equipment Co. of America Bid Number: RFP 021726 Vendor Name: Sewer Equipment Co. of America Bid Number: RFP 021726 Vendor Name: Sewer Equipment Co. of America EXHIBIT B TO COOPERATIVE CONTRACT PURCHASE ADDENDUM CONTRACT NO. 32700025 Proposal See following pages. Sewer Vacuum, Hydro-Excavation and Municipal Pumping Equipment with Related Accessories and Supplies Contract No. 32700025 AZ Wastewater Industries, Inc. (REV. 6.10.2025)