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1/29/18
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
NESBITT CONTRACTING CO., INC
THIS LINKING AGREEMENT (this “Agreement”) is entered into as of this day of
, 20 , between the City of Glendale, an Arizona municipal corporation (the “City”), and
Nesbitt Contracting Co., Inc., an Arizona corporation (“Contractor”), collectively, the “Parties.”
RECITALS
A.
On June 27, 2018, under the S.A.V.E. Cooperative Purchasing Agreement, Peoria, AZ entered
into a contract with Contractor to purchase the goods and services described in the Job Order
Contract No. P17-0030B JOC for Pavement Maintenance & Repair Services (“Cooperative
Purchasing Agreement”), which is attached hereto as Exhibit A. The Cooperative Purchasing
Agreement permits its cooperative use by other governmental agencies including the City.
B.
Section 2-149 of the City’s Procurement Code permits the Materials Manager to procure goods
and services by participating with other governmental units in cooperative purchasing
agreements when the best interests of the City would be served.
C.
Section 2-149 also provides that the Materials Manager may enter into such cooperative
agreements without meeting the formal or informal solicitation and bid requirements of
Glendale City Code Sections 2-145 and 2-146.
D.
The City desires to contract with Contractor for supplies or services identical, or nearly
identical, to the supplies or services Contractor is providing other units of government under
the Cooperative Purchasing Agreement. Contractor consents to the City’s utilization of the
Cooperative Purchasing Agreement as the basis of this Agreement, and Contractor desires to
enter into this Agreement to provide the supplies and services set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference,
and the covenants and promises contained in this Linking Agreement, the parties agree as follows:
1.
Term of Agreement. The City is purchasing supplies and/or services from Contractor
pursuant to the Cooperative Purchasing Agreement. According to the Cooperative Purchasing
Agreement, purchases can be made by governmental entities from the date of award, which
was February 1, 2017, until the date the contract expires on January 31, 2018, unless the term
of the Cooperative Purchasing Agreement is extended by the mutual agreement of the original
contracting parties. The Cooperative Purchasing Agreement, however, may not be extended
beyond January 31, 2022. The initial period of this Agreement, therefore, is the period from
the Effective Date of this Agreement until January 31, 2022.
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2.
Scope of Work; Terms, Conditions, and Specifications.
A.
Contractor shall provide City the supplies and/or services identified in the Scope of
Work attached as Exhibit B.
B.
Contractor agrees to comply with all the terms, conditions and specifications of the
Cooperative Purchasing Agreement. Such terms, conditions and specifications are
specifically incorporated into and are an enforceable part of this Agreement.
3.
Compensation.
A.
City shall pay Contractor compensation at the same rate and on the same schedule as
provided in the Cooperative Purchasing Agreement, which is attached hereto as
Exhibit C.
B.
The total purchase price for the supplies and/or services purchased under this
Agreement shall not exceed a cap of $3,000,000 dollars and $3,000,000 dollars per
work/job order assignment per attached JOC (Exhibit A) for the entire term of the
Agreement (initial term plus any renewals by original contracting parties).
4.
Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511.
5.
Non-discrimination. Contractor must not discriminate against any employee or applicant for
employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status, U.S. military
veteran status or any disability. Contractor will require any Sub-contractor to be bound to the
same requirements as stated within this section. Contractor, and on behalf of any
subcontractors, warrants compliance with this section.
6.
Insurance Certificate. A certificate of insurance applying to this Agreement must be provided
to the City prior to the Effective Date.
7.
E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the
requirements of A.R.S. § 41-4401.
8.
No Boycott of Israel. The Parties agree that they are not currently engaged in, and agree that
for the duration of the Agreement they will not engage in, a boycott of Israel, as that term is
defined in A.R.S. §35-393.
9.
Attestation of PCI Compliance. When applicable, the Contractor will provide the City
annually with a Payment Card Industry Data Security Standard (PCI DSS) attestation of
compliance certificate signed by an officer of Contractor with oversight responsibility.
10.
Notices. Any notices that must be provided under this Agreement shall be sent to the Parties’
respective authorized representatives at the address listed below:
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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
NESBITT CONTRACTING CO., INC
EXHIBIT A
Job Order Contract P17-0030B – Pavement Maintenance & Repair Services
Nesbitt Offer and Acceptance
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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
NESBITT CONTRACTING CO., INC
EXHIBIT B
Scope of Work
PROJECT
This work shall consist of the removal of existing asphalt, cold in place recycling of the existing
asphalt and 2” of new asphalt finish surface. This project will also include ADA improvements,
utility adjustments, asphalt remove and replacement and striping. Possible loop detection at the
intersections may be included.
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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
NESBITT CONTRACTING CO., INC
EXHIBIT C
METHOD AND AMOUNT OF COMPENSATION
By JOC Linking Agreement, including all services, labor, equipment, materials and cost.
NOT TO EXCEED AMOUNT
The total amount of compensation paid to Contractor for full completion of all work required by
the Project must not exceed $3,000,000 per work/job order assignment or $3,000,000 for the entire
term of the Agreement.
DETAILED PROJECT COMPENSATION
Per attached Job Order Contract