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1/29/18
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
DBA CONSTRUCTION INC
THIS LINKING AGREEMENT (this “Agreement”) is entered into as of this day of
, 2022, between the City of Glendale, an Arizona municipal corporation (the “City”), and DBA
Construction, Inc., an Arizona corporation (“Contractor”), collectively, the “Parties.”
RECITALS
A.
On February 1, 2022, under the S.A.V.E. Cooperative Purchasing Agreement, the City of
Peoria, AZ entered into a contract with Contractor to purchase the goods and services
described in the Job Order Contract No. P22-0020 JOC Citywide Civil/Site Work
(“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, 2022, until the date the contract expires on January 31, 2023, 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, 2027. The initial period of this Agreement, therefore, is the period from
the Effective Date of this Agreement until January 31, 2023. The City, however, may renew
the term of this Agreement for an additional four (4) year periods until the Cooperative
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Purchasing Agreement expires on January 31, 2027. Renewals are not automatic and shall only
occur if the City gives the Contractor notice of its intent to renew. The City may give the
Contractor notice of its intent to renew this Agreement 30 days prior to the anniversary of the
Effective Date to effectuate such renewal.
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 or $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.
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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
DBA CONSTRUCTION
EXHIBIT A
Job Order Contract P22-0020 – JOC Citywide Civil/Site Work
DBA Construction Offer and Acceptance
January 31, 2022
DBA Construction
Email: bobmauer@dbaconstruction.net
Tim Ginter, Vice President
P.O. Box 63035
Phoenix, AZ 85082
RE:
P22-0020, JOC Citywide Civil/Site Work
Dear Ginter,
Congratulations, your firm has successfully met the requirements for the solicitation referenced above.
Enclosed is your copy of the contract number ACON02222, effective February 1, 2022 to January 31, 2023
with four (4) optional extension years.
As per Contract Special Terms and Conditions a valid Certificate of Insurance, including endorsements,
(naming the City as additional insured and identifying the contract number), Performance and Payment
Bonds (if applicable), must be received by our office within 10 days.
Peoria City Code requires that any person or firm conducting business in Peoria shall first obtain a license.
This requirement includes businesses within the corporate limits of Peoria or outside the corporate limits,
which conduct business or perform services within Peoria. You can apply for a license online via
http://www.peoriaaz.gov/salestax. For more information, please contact the Customer Service Division at
(623) 773-7160.
Upon completion of award, the procurement file is subject to the Arizona public records law and is available
for examination or furnished copies. For examination, contact Materials Management at (623) 773-7115
during normal business hours (Monday through Thursday, except Holidays, 7 a.m. to 6 p.m.) to make an
appointment or copies may be obtained by contacting the City Clerk’s Office at (623) 773-7340 or
PublicRecords@peoriaaz.gov to make a public records request.
If you have any questions regarding the contract, please contact me at 623-773-7981. Thank you for your
interest in doing business with the City of Peoria.
Sincerely,
Terry Andersen, BSBM, CPPB
Contract Officer
Enclosure
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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
DBA CONSTRUCTION
EXHIBIT B
Scope of Work
PROJECT
This work shall consist of projects that involve different concrete elements such as retaining wall
repairs, concrete upgrades at ADA ramps, bus stop improvements, etc. as needed. The first work
orders to come out of this contract will be to improve existing bus stops within the Glendale limits
as well as retaining wall repairs at the GRPSTC.
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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
DBA CONSTRUCTION
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