Agreement

City of Glendale — Regular Meeting (2022-08-09)

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AGREEMENT FOR

CITYWIDE ON-CALL DOOR AND GATE REPAIR AND PREVENTATIVE MAINTENANCE
SERVICES

City of Glendale Solicitation No. RFP 22-25

This Agreement for Hoists and Cranes Service and Certification ("Agreement") is effective and entered into between
CITY OF GLENDALE, an Arizona municipal corporation ("City"), and Miner of Arizona, LP, a Texas limited

partnership, authorized to do business in Arizona, (the "Contractor"), as of the day of , 2022.
RECITALS

A. City intends to undertake a project for the benefit of the public and with public funds that is more fully set
forth in Exhibit A, pursuant to Solicitation No. RFP 22-25 (the "Project");

B. City desires to retain the services of Contractor to perform those specific duties and produce the specific
work as set forth in the Project attached hereto;

Cc. City and Contractor desire to memorialize their agreement with this document.

AGREEMENT

In consideration of the Recitals, which are confirmed as true and correct and incorporated by this reference, the
mutual promises and covenants contained in this Agreement, and other good and valuable consideration, City and
Contractor agree as follows:

1 Key Personnel; Sub-contractors.

1.1 Services. Contractor will provide all services necessary to assure the Project is completed timely
and efficiently consistent with Project requirements, including, but not limited to, working in close
interaction and interfacing with City and its designated employees, and working closely with others,
including other contractors or consultants, retained by City.

2. Schedule. ‘The services will be undertaken in a manner that ensures the Project is completed timely and
efficiently in accordance with the Project.

3. Contractor’s Work.
3.1 Standard. Contractor must perform services in accordance with the standards of due diligence,

cate, and quality prevailing among contractors having substantial experience with the successful
furnishing of services for projects that are equivalent in size, scope, quality, and other criteria under
the Project and identified in this Agreement.

3.2 Licensing. Contractor warrants that:

a. Contractor and Sub-contractors will hold all appropriate and required licenses, registrations
and other approvals necessary for the lawful furnishing of services ("Approvals"); and

b. Neither Contractor nor any Sub-contractor has been debatred or otherwise legally
excluded from contracting with any federal, state, or local governmental entity
("Debarment").

(1) City is under no obligation to ascertain or confirm the existence or issuance of any
Approvals or Debarments or to examine Contractor's contracting ability.

(2) Contractor must notify City immediately if any Approvals or Debarment changes
during the Agreement's duration and the failure of the Contractor to notify City as
required will constitute a material default under the Agreement.

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5.

3.3

3.4

Compliance. Services will be furnished in compliance with applicable federal, state, county and
local statutes, rules, regulations, ordinances, building codes, life safety codes, and other standards
and criteria designated by City.

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 charactetistics, 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.

Coordination; Interaction.
a. For projects that the City believes requires the coordination of various professional

services, Contractor will work in close consultation with City to proactively interact with
any other professionals retained by City on the Project.

Compensation for the Project.

41 Compensation. Contractor's compensation for the Project, including those furnished by its Sub-
contractors will not exceed $900,000, as specifically detailed in Exhibit B (the "Compensation").

4.2 Change in Scope of Project. The Compensation may be equitably adjusted if the originally
contemplated scope of services as outlined in the Project is significantly modified.

a. Adjustments to the Compensation require a written amendment to this Agreement and
may require City Council approval.

b. Additional services which are outside the scope of the Project contained in this Agreement
may not be performed by the Contractor without prior written authorization from the City.

c Notwithstanding the incorporation of the Exhibits to this Agreement by reference, should
any conflict arise between the provisions of this Agreement and the provisions found in
the Exhibits and accompanying attachments, the provisions of this Agreement shall take
priority and govern the conduct of the parties.

Billings and Payment.

a. Contractor will submit monthly invoices (each, a "Payment Application") to City's Project
Manager and City will remit payments based upon the Payment Application as stated
below.

b. The period covered by each Payment Application will be one calendar month ending on
the last day of the month or as specified in the solicitation.

5.2 Payment.

a. After a full and complete Payment Application is received, City will process and remit
payment within 30 days.

b. Payment may be subject to or conditioned upon City's receipt of:

(1) Completed work generated by Contractor and its Sub-contractors; and
(2) Unconditional waivers and releases on final payment from Sub-contractors as City
may teasonably request to assure the Project will be free of claims arising from
required performances under this Agreement.
5.3 Review and Withholding. City's Project Manager will timely review and certify Payment

Applications.

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a. If the Payment Application is rejected, the Project Manager will issue a written listing of
the items not approved for payment.
b. City may withhold an amount sufficient to pay expenses that City reasonably expects to
incur in correcting the deficiency or deficiencies rejected for payment.
6. Termination.
61 For Convenience. Either party may terminate this Agreement for convenience, without cause, by

delivering a written termination notice stating the Effective Termination date, which may not be
less than 30 days following the date of delivery.

a.

Contractor will be equitably compensated for Goods or Services furnished prior to date of
the termination notice and for reasonable costs incurred.

Contractor will also be similarly compensated for any approved effort expended and
approved costs incurred that are directly associated with project closeout and delivery of
the required items to the City.

6.2 For Cause. Either party may terminate this Agreement for cause if the other party fails to cure any
breach of this Agreement within 15 days after receipt of written notice specifying the breach.

a.

Contractor will not be entitled to further payment until after City has determined its
damages. If City's damages resulting from the breach, as determined by City, are less than
the equitable amount due but not paid Contractor for Service and Repair furnished, City
will pay the amount due to Contractor, less City's damages, in accordance with the
provision of § 5.

b. If City's direct damages exceed amounts otherwise due to Contractor, Contractor must pay
the difference to City immediately upon demand; however, Contractor will not be subject
to consequential damages.

7. Conflict. Contractor acknowledges this Agreement is subject to A.R.S. § 38-511, which allows for

cancellation of this Agreement in the event any person who is significantly involved in initiating,
negotiating, securing, drafting, or creating the Agreement on City's behalf is also an employee, agent, or
consultant of any other party to this Agreement.

8. Insurance.

8.1 Requirements. Contractor must obtain and maintain the following insurance ("Required
Insurance"):

a.

Contractor and Sub-contractors. Contractor, and each Sub-contractor performing work or
providing materials related to this Agreement must procure and maintain the insurance
coverages described below (collectively referred to herein as the "Contractor's Policies"),
until each Party's obligations under this Agreement are completed.

General Liability.

(1) Contractor must at all times relevant hereto carry a commercial general liability
policy with a combined single limit of at least $1,000,000 per occurrence and
$1,000,000 annual aggregate for each property damage and contractual property
damage.

(2) Sub-contactors must at all times relevant hereto carry a general commercial liability
policy with a combined single limit of at least $1,000,000 per occurrence.

(3) This commercial general liability insurance must include independent contractors’
liability, contractual liability, broad form property coverage, XCU hazards if
requested by the City, and a separation of insurance provision.

(4) These limits may be met through a combination of primary and excess liability

cover ‘age.

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Auto. A business auto policy providing a liability limit of at least $1,000,000 per accident
for Contractor and $1,000,000 per accident for Sub-contractors and covering owned, non-
owned and hited automobiles.

Workers’ Compensation and Employer's Liability. A workers! compensation and
employer's liability policy providing at least the minimum benefits required by Arizona law.

Notice of Changes. Contractor's Policies must provide for not less than 30 days' advance
written notice to City Representative of:

(1) Cancellation or termination of Contractor or Sub-contractor's Policies;

(2) Reduction of the coverage limits of any of Contractor or and Sub-contractor's
Policies; and

(3) Any other material modification of Contractor or Sub-contractor's Policies related

to this Agreement.
Certificates of Insurance.

(1) Within 10 business days after the execution of the Agreement, Contractor must
deliver to City Representative certificates of insurance for each of Contractor and
Sub-contractor's Policies, which will confirm the existence or issuance of
Contractor and Sub-contractor's Policies in accordance with the provisions of this
section, and copies of the endorsements of Contractor and Sub-conttactor's
Policies in accordance with the provisions of this section.

(2) City is and will be under no obligation either to ascertain or confirm the existence
or issuance of Contractor and Sub-contractor's Policies, or to examine Contractor
and Sub-contractor’s Policies, or to inform Contractor or Sub-contractor in the
event that any coverage does not comply with the requirements of this section.

@) Contractor's failure to secure and maintain Contractor Policies and to assure Sub-
contractor policies as requited will constitute a material default under the
Agreement.

Other Contractors or Vendors.

(1) Other contractors or vendors that may be contracted with in connection with the
Project must procure and maintain insurance coverage as is appropriate to their
particular contract.

(2) This insurance coverage must comply with the requirements set forth above for
Contractor's Policies (¢.g., the requirements pertaining to endorsements to name
the parties as additional insured parties and certificates of insurance).

Policies. Except with respect to workers' compensation and employer's liability coverages,
City must be named and properly endorsed as additional insureds on all liability policies
required by this section.

(1) The coverage extended to additional insureds must be primary and must not
contribute with any insurance or self insurance policies or programs maintained by
the additional insureds.

(2) All insurance policies obtained pursuant to this section must be with companies
legally authorized to do business in the State of Arizona and reasonably acceptable
to all parties.

Sub-contractors.

Contractor must also cause its Sub-contractors to obtain and maintain the Required
Insurance.

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10.

11.

b. City may consider waiving these insurance requirements for a specific Sub-contractor if
City is satisfied the amounts required ate not commercially available to the Sub-contractor
and the insurance the Sub-contractor does have is appropriate for the Sub-contractor's
work under this Agreement.

c. Contractor and Sub-contractors must provide to the City proof of the Required Insurance
whenever requested.

8.3 Indemnification.

a. To the fullest extent permitted by law, Contractor must defend, indemnify, and hold
harmless City and its elected officials, officers, employees and agents (each, an
"Indemnified Party," collectively, the "Indemnified Parties"), for, from, and against any and
all claims, demands, actions, damages, judgments, settlements, personal injury (including
sickness, disease, death, and bodily harm), property damage (including loss of use),
infringement, governmental action and all other losses and expenses, including attorneys’
fees and litigation expenses (each, a "Demand or Expense"; collectively, "Demands or
Expenses") asserted by a third-party (i.e. a person or entity other than City or Contractor)
and that arises out of or results from the breach of this Agreement by the Contractor or
the Contractor’s negligent actions, errors or omissions (including any Sub-contractor or
other person or firm employed by Contractor), whether sustained before or after
completion of the Project.

b. This indemnity and hold harmless provision applies even if a Demand or Expense is in
part due to the Indemnified Party's negligence or breach of a responsibility under this
Agreement, but in that event, Contractor shall be liable only to the extent the Demand or
Expense results from the negligence or breach of a responsibility of Contractor or of any
person or entity for whom Contractor is responsible.

c. Contractor is not required to indemnify any Indemnified Parties for, from, or against any
Demand or Expense resulting from the Indemnified Party's sole negligence or other fault
solely attributable to the Indemnified Party.

E-verify, Records and Audits. To the extent applicable under A.R.S. § 41-4401, the Contractor warrant
their compliance and that of its subcontractors with all federal immigration laws and regulations that relate
to their employees and compliance with the E-verify requirements under A.R-S. § 23-214(A). The
Contractor or subcontractor’s breach of this warranty shall be deemed a material breach of the Agreement
and may result in the termination of the Agreement by the City under the terms of this Agreement. The City
retains the legal right to randomly inspect the papers and records of the other party to ensure that the other
party is complying with the above-mentioned warranty. The Contractor and subcontractor warrant to keep
their respective papers and records open for random inspection during normal business hours by the other
party. The parties shall cooperate with the City’s random inspections, including granting the inspecting party
entry rights onto their respective properties to perform the random inspections and waiving their respective
tights to keep such papers and records confidential.

No Boycott of Israel. To the extent ARS § 35-393 through § 35-393.03 are applicable, the parties hereby
certify that they are not currently engaged in, and agree for the duration of the Agreement to not engage in,
a boycott of goods or services from Israel, as that term is defined in A.R.S § 35-393.

Notices.

11.1 A notice, request or other communication that is required or permitted under this Agreement (each
a "Notice") will be effective only if:

a. The Notice is in writing; and

b. Delivered in person or by overnight courier service (delivery charges prepaid), certified or
registered mail (return receipt requested); and

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Notice will be deemed to have been delivered to the person to whom it is addressed as of
the date of receipt, if:

(1) Received on a business day, or before 5:00 p.m., at the address for Notices
identified for the Party in this Agreement by U.S. Mail, hand delivery, or overnight

courier service on or before 5:00 p.m.; or
(2) As of the next business day after receipt, if received after 5:00 p.m.

The burden of proof of the place and time of delivery is upon the Party giving the Notice;
and

Digitalized signatures and copies of signatures will have the same effect as original
signatures.

Representatives.

Contractor. Contractor's representative (the "Contractor's Representative") authorized to
act on Contractor's behalf with respect to the Project, and his or her address for Notice
delivery is:

Miner of Arizona, LP

c/o Bill Welch

VP of Sales

1152 W Southern Avenue #101

Tempe, AZ 85282

Tel: 602-426-1200
Gary.lilly@minercorp.com

City. City's representative ("City's Representative") authorized to act on City's behalf, and
his or her address for Notice delivery is:

City of Glendale

c/o Linda Musser, Contract Monitor
Field Operations Department
Glendale, Arizona 85301
623-930-2617

With required copy to:

City Manager City Attorney

City of Glendale City of Glendale

5850 West Glendale Avenue 5850 West Glendale Avenue
Glendale, Arizona 85301 Glendale, Arizona 85301

Concurrent Notices.

(a) All notices to City's representative must be given concurrently to City Manager
and City Attorney.
(2) A notice will not be deemed to have been received by City's representative until

the time that it has also been received by City Manager and City Attorney.

(3) City may appoint one or more designees for the purpose of receiving notice by
delivery of a written notice to Contractor identifying the designee(s) and their
respective addresses for notices.

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14.

d. Changes. Contractor or City may change its representative or information on Notice, by
giving Notice of the change in accordance with this section at least ten days prior to the
change.

Financing Assignment. City may assign this Agreement to any City-affiliated entity, including a non-
profit corporation or other entity whose primary purpose is to own or manage the Project.

Entire Agreement; Survival; Counterparts; Signatures.

13.1 Integration. This Agreement contains, except as stated below, the entire agreement between City
and Contractor and supersedes all prior conversations and negotiations between the parties
regarding the Project or this Agreement.

a. Neither Party has made any representations, warranties or agreements as to any matters
concerning the Agreement's subject matter.

b. Representations, statements, conditions, or warranties not contained in this Agreement will
not be binding on the parties.

c. The solicitation, any addendums and the response submitted by the Contractor are
incorporated into this Agreement as if attached hereto. Any Contractor response modifies
the original solicitation as stated. Inconsistencies between the solicitation, any addendums
and the response or any excerpts attached as Exhibit A and this Agreement will be
resolved by the terms and conditions stated in this Agreement.

13.2 Interpretation.

a. The parties fairly negotiated the Agreement's provisions to the extent they believed
necessary and with the legal representation they deemed appropriate.

b. The parties are of equal bargaining position and this Agreement must be construed equally
between the parties without consideration of which of the patties may have drafted this
Agreement.

c. The Agreement will be interpreted in accordance with the laws of the State of Arizona.

13.3. Survival. Except as specifically provided otherwise in this Agreement, each warranty,
tepresentation, indemnification and hold harmless provision, insurance requirement, and every
other right, remedy and responsibility of a Party, will survive completion of the Project, or the
earlier termination of this Agreement.

13.4 Amendment. No amendment to this Agreement will be binding unless in writing and executed by
the parties. Any amendment may be subject to City Council approval. Electronic signature blocks
do not constitute execution.

13.5 Remedies. All rights and remedies provided in this Agreement are cumulative and the exercise of
any one or more right or remedy will not affect any other rights or remedies under this Agreement
or applicable law.

13.6 Severability. If any provision of this Agreement is voided or found unenforceable, that
determination will not affect the validity of the other provisions, and the voided or unenforceable
provision will be deemed reformed to conform to applicable law.

13.7 Counterparts. This Agreement may be executed in counterparts, and all counterparts will together
comprise one instrument.

Term.

14.1 Renewals. The term of this Agreement commences upon the effective date and continues for a one
(1)-year initial period. ‘The City may, at its option and with the approval of the Contractor, extend
the term of this Agreement an additional four (4) years, renewable on an annual basis. Contractor
will be notified in writing by the City of its intent to extend the Agreement period at least thirty
(30) calendar days prior to the expiration of the original or any renewal Agreement period. Price

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15.

16.

17.

18.

adjustments will only be reviewed during the Agreement renewal period and any such price
adjustment will be a determining factor for any renewal. There are no automatic renewals of this

Agreement.
14.2 Extension for Procurement Process. Upon the expiration of the Term of this Agreement, including

the initial term and any renewals, at the City’s sole discretion, this Agreement may be extended on a
month-to-month basis for a maximum of six (6) months to allow for the City to complete its
procurement process to select a vendor to provide the setvices/materials similar to those provided
under this Agreement. The City will notify the Contractor in writing of its intent to extend the
Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension
provided under this subsection will continue under the same terms and conditions as in effect
immediately prior to the expiration of the then-current term.

Dispute Resolution. Any controversy or claim arising out of or relating to this contract, or the breach
thereof, shall be settled by arbitration administered according to the American Arbitration Association’s
Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any
court having jurisdiction thereof.

Cooperative Use of Contract. This agreement may be extended for use by other governmental agencies
and political subdivisions of the State. Any such usage by other entities must be in accord with the
ordinances, charter, rules and regulations of the respective entity and the approval of the Contractor and
City. For a list of SAVE members, click on the following link:
http://www.mesaaz.gov/business/purchasing/save

Force Majeure. Except for payment of sums due, neither party shall be liable to the other nor deemed in
default under this contract if and to the extent that such party’s performance of this Agreement is prevented
by reason of force majeure. The term “force majeure” means an occurrence that is entirely beyond the
control of the part affected and occurs without its fault or negligence. Without limiting the foregoing, force
majeure includes acts of God; acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil
disorders; fire; flood; lockouts; injunctions-interventions-acts; or failures or refusals to act by government
authority; and other similar occurrences entirely beyond the control of the party declaring force majeure
which such party is unable to prevent by exercising reasonable diligence.

Exhibits. The following exhibits, with reference to the term in which they are first referenced, are
incorporated by this reference.

Exhibit A Project
Exhibit B Compensation

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DocuSign Envelope ID: FCBEEE2D-C971-4189-A9F7-1DA7B23B4AB0

The parties enter into this Agreement as of the Effective Date shown above.

City of Glendale,
an Arizona municipal corporation

By: Kevin R. Phelps

Its: City Managet
ATTEST:
Julie K. Bower
APPROVED AS TO FORM:
Michael D. Bailey
City Attorney
Miner of Arizona, LP, a Texas Limited Partnership
Signed by:
Bill, Welder
53S
By: Bill Welch
Its: VP of Sales

4729/2021

EXHIBIT A

CITYWIDE ON-CALL DOOR AND GATE REPAIR AND PREVENTATIVE MAINTENANCE
SERVICES

PROJECT

Scope of Work
Miner of Arizona, LP shall provide total maintenance and repair program consisting of a variety of tasks including,
but not limited to, scheduled preventative maintenance, monitoring and testing, installing, repairing, replacing door
and gate components or other related issues as they arise and are necessary to insure safe and functioning doors and
gates for City employees and the public as per attached RFP 22-25.

Y

Glendale

SOLICITATION NUMBER:
ONLINE BID NUMBER:

TITLE:

PUBLISHED DATE:

PRE-OFFER CONFERENCE:

OFFER DUE:

CONTACT:

CITY OF GLENDALE PROCUREMENT
DIVISION REQUEST FOR PROPOSAL

RFP 22-25
42200019

CITYWIDE ON-CALL DOOR AND GATE REPAIR AND
PREVENTIVE MAINTENANCE SERVICES

FEBRUARY 17, 2022

FEBRUARY 28, 2022, 10:00 AM Local Time

Glendale City Hall, 5850 W. Glendale Avenue, 3" Floor,
Conference Room 3A, Glendale, Arizona 85301

Attendance is NOT required but strongly encouraged.

MARCH 15, 2022, 2:00 PM Local Time

Offer Submission Through Vendor Self-Service (VSS) Online Bid
System.
https://glendaleaz.munisselfservice.com/Vendors/default.aspx
NOTE: This is a sealed proposal process requiring proposals to be
submitted before the date/time shown above. If errors occur when
submitting through VSS, email or call using contact information
below.

Elmer Garcia, CPPB, Contract Analyst
Procurement Division

623-930-2866

Egarcial @glendaleaz.com

Proposals shall be opened using the City’s electronic bidding system on the specified due time
and date identified herein. All information contained in the proposals shall be confidential to
avoid disclosure of contents prejudicial to competing Offerors.

OFFERORS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE

SOLICITATION

Vendor Self-Service-New Vendor and Existing Vendor Registration Guide

http://www. glendaleaz.com/common/pages/DisplayFile.aspx?itemID=16718352

Glendale PREVENTIVE MAINTENANCE SERVICES

a City of Glendale ITY OF GLENDALE
¢ C7 Solicitation Number: RFP 22-25 / 42200019 _| saso west Glendale Avenue,
CITYWIDE ON-CALL DOOR AND GATE REPAIR AND Suite 317
Glendale, Arizona 85301

Table of Contents:

RFP Package

NOGRWNE

INTRODUCTION
BACKGROUND ...
OBJECTIVES woe
SCOPE OF WORK ...........
HOW WE CHOOSE .......
SUBMISSION CHECKLIST..
SUBMISSION REQUIREMENTS.
ONLINE SUBMITTAL CHECKLIST...
ATTACHMENT 1 (Types of City Doors and Gates
ATTACHMENT 2 (City Door and Gate Locations)

Exhibit Package

Exhibit 1: Special Notices

Exhibit 2: RFP Terms and Conditions
Exhibit 3: Insurance Requirements
Exhibit 4: Template Agreement

Fillable Forms

Response Workbook — To be completed by Offeror and submitted as their response.

Cover Sheet
Offer Sheet
Required Responses

Pricing Workbook — To be completed by Offeror and submitted as their response.

i City of Glendale a OF GLENDALE
it Divisi
© Solicitation Number: RFP 22-25 / 42200019 _| seso west Glendale Avenue,
CITYWIDE ON-CALL DOOR AND GATE REPAIR AND |. Suite 317
Glendale PREVENTIVE MAINTENANCE SERVICES lendale, Arizona

1.
1.1

1.2

2.1

3.2

INTRODUCTION

The City of Glendale, Arizona (“the City”) is seeking qualified contractors to provide
on-call door and gate maintenance and repair services to various City facilities
located throughout the City of Glendale. The services will include a total
maintenance and repair program consisting of a variety of tasks including, but not
limited to, preventative maintenance, inspections, installation, replacement, testing
door and gate components and emergency repairs and other related issues as they
arise and are necessary to ensure safe, well-maintained doors and gates for City
employees and the public.

The Contractors will be responsible for providing all labor, materials, tools,
equipment, supplies, services, related tasks, incidental and custom work necessary
to competently perform on-call gate and door replacements at various City
facilities.

BACKGROUND

The City operates approximately more than 475 doors and 50 gates at various
locations, including City Hall, Fire Stations, public safety buildings, courts, public
libraries, parks, etc. Ensuring that all City doors and gates are in good operating
condition is critical to the City’s daily operation and particularly critical to public
safety. Also, ensuring that City vehicles, including all emergency vehicles can enter
and exit these facilities in a safe and timely manner is a critical component of this
RFP.

OBJECTIVES

The goal of the City is to have professional companies always maintain all doors
and gates in continuous working order and operating efficiently. Contractors must
be professional and knowledgeable to perform inspections and recommend
repairs based on inspection. Contractors must be able to repair and maintain city
doors and gates with minimal downtime.

Interested bidders shall describe their routine maintenance plan; provide cost
effective solutions for repairs or replacement; provide information on_ staff
qualifications, fleet availability, spare parts, tools and supplies required to
effectively repair doors and gates.

“sat, City of Glendale CITY OF GLENDALE

Procurement Division

©& Solicitation Number: RFP 22-25 / 42200019 | 5850 west Gtendale Avenue,

CITYWIDE ON-CALL DOOR AND GATE REPAIR AND Suite 317

Glendale PREVENTIVE MAINTENANCE SERVICES Glendale, Arizona 85301

AR

ONA

4.

4.1

4.2

4.3

SCOPE OF WORK

GENERAL DESCRIPTION OF SERVICES

A.

The services will include total maintenance and repair program consisting of a
variety of tasks including, but not limited to, scheduled preventative
maintenance, monitoring and testing, installing, repairing, replacing door and
gate components or other related issues as they arise and are necessary to
insure safe and functioning doors and gates for City employees and the public.

Doors and gates may include but are not limited to, operable electronic or
manual Entry and Exit doors, sliding doors, swing doors, fire doors,
commercial roll-up doors, rolling garage curtains, swing gates, barrier arms,
etc. and all electronic and mechanical components associated with each door
or gate (see ATTACHMENT 1 below)

PROJECT LOCATIONS

A.

The approximate number and location of City gates and doors covered in this
project are summarized in ATTACHMENT 2 below. The City may revise the
number and location when deemed necessary by the City.

MINIMUM UIREMENT:

A.

The Contractor shall provide scheduled preventative maintenance services; and
full-service on-call non-emergency and emergency door and gate repair services
to City facilities as outlined in this document.

. The Contractor will be responsible for providing all labor, materials, tools,

equipment, supplies, services, task and incidental and customary work
necessary to competently perform on call door or gate repair and
maintenance at various City facilities.

The Contractor shall perform work in accordance with the highest standards of
skill and workmanship in the industry and applicable trade practices.

. The Contractor shall retain qualified and professional personnel who have

documented experience in providing door and gate maintenance and repair
services on projects of similar scope and complexity.

The Contractor shall maintain and comply with all appropriate license,
insurance and permit requirements of the City, State and Federal government.

Security clearance. A security clearance and/or background check will be
required of the Contractor’s employees or subcontractor who will have access
to secured sites or facilities of the City.

os City of Glendale Piocireiasut Basic
© Solicitation Number: RFP 22-25 / 42200019 | seso West Glendale Avenue,
CITYWIDE ON-CALL DOOR AND GATE REPAIR AND Suite 317
Giendale PREVENTIVE MAINTENANCE SERVICES Glendale, Arizona 85301

G. The Contractor should have more than one (1) staff member that can pass the
City of Glendale’s security clearance or background check to work on secured
sites.

H. Scheduled Preventative Maintenance Services. Routine preventative inspection
and maintenance services shall be performed by the Contractor on a scheduled
basis. This is designed to keep the equipment and systems in proper operating
condition. Scheduled preventative maintenance services shall be performed
semi-annually. These services may include, but not limited to, the following
(when applicable):

«Inspection of door alignment and levels

*Inspection of tension coils and springs

eInspection of locks for proper operation

*Inspection of all-weather stripping for wear or damage

*Inspection of complete drive system (belts, sprockets, chain, gear reducers and
brake assembly)

*Checking all electrical connections

«Inspection and testing fuse links

*Replacing worn parts, if needed

*Preparing and submitting tests, inspection and deficiency reports to the City

1. The Contractor and the City shall agree on a regular preventative maintenance
schedule for all contracted locations. The Contractor must make every effort to
perform these services within the agreed-upon schedule.

2. The Contractor shall perform scheduled preventative maintenance services
during office hours for all sites.

3. The Contractor shall document all routine maintenance activities and submit
a report to the City. The report shall summarize the status of City doors and
gates and report any problems encountered and minor repairs made.
Recommendations for major repairs shall be included in the report.

4. All costs for scheduled preventative maintenance services shall be billed as
per contract pricing.

|. Non-Routine, Non-Emergency Repairs and Maintenance. These services shall

include any major non-emergency installation, repair, replacement,
modification on City doors and gates that were not included in the Scheduled
Preventative Maintenance Services.

Prior to commencing any non-routine, non-emergency repairs, the Contractor
shall provide a written cost estimate for time and materials to the City.

5

- City of Glendale Klett
& J Solicitation Number: RFP 22-25 / 42200019 5850 West Glendale Avenue,
G CITYWIDE ON-CALL DOOR AND GATE REPAIRAND |. Suite317

Glendale PREVENTIVE MAINTENANCE SERVICES endale, Arizona 8530

All costs for labor and materials for non-routine, non-emergency services shall
be billed as per contract pricing.

The Contractor shall respond to all requests for non-routine emergency repairs
within four (4) hours. Response time shall start when the City calls the problem
into the Contractor’s designated emergency phone number.

J. Emergency Repair Services. The Contractor shall respond to requests for
emergency repairs within two (2) hours, 24 hours per day, 365 days per year,
including holidays.

All costs for labor and materials for emergency repair services shall be billed as
per contract pricing.

K. Parts, Materials and Equipment Pricing: The Contractor shall furnish all parts,
materials or equipment necessary for properly maintaining and repairing doors
and gates in City facilities. The City will pay for replacement parts, materials or
equipment required for routine, non-routine or emergency repairs at List Price
Minus % Discount Offered By Contractor (see PRICING WORKBOOK), The City
reserves the right to request documentation to review actual cost incurred by
the Contractor when applicable.

L. The Contractor shall not bill the City for unnecessary repairs, repairs that were
not completed satisfactorily, repairs that did not fix an identified problem, or
for facility visits that were made by staff unqualified to complete needed
repairs.

M. Contractor’s services shall meet warranties and be in accordance with all
applicable laws, codes, and regulations.

N. The Contractor shall provide 24-hour/7 days a week telephone number to
receive emergency and urgent service call requests.

O. The Contractor shall erect barricades, warning signs and other devices to
prevent unauthorized access by the public or unauthorized City staff to work
areas.

P. The Contractor shall leave work areas free of all dirt, litter, lubricants, or other
materials utilized to perform door and gate maintenance. Contractor shall be
responsible for discarding all used materials.

Q. Safety and Security. The Contractor and staff shall follow all established safety
procedures and take special care not to endanger the public in any way. The

6

= City of Glendale CITY OF GLENDALE
© Solicitation Number: RFP 22-25 / 42200019 | seso west Glendsle Avenue,
CITYWIDE ON-CALL DOOR AND GATE REPAIR AND |, Suite317
Glendale PREVENTIVE MAINTENANCE SERVICES endale, Arizona 85

44

Contractor is responsible for the security of all doorsor gates at
the conclusion of work in each site. All exterior doors shall remain locked at all
times. Interior doors that are found open or unlocked shall be left in the same
position/condition in which they were found.

R. Inspections and Remedies. To ensure consistent quality of the work being
performed, the City contract administrator or his designee will perform periodic
inspections of doors and gates to ensure compliance with the contract
specifications. Inspections may be made by the City at any time to confirm that
work performed meets specifications. If corrective work is required, the City will
provide a written list of items and the Contractor shall correct deficiencies as
directed. If deficiencies are not corrected in a timely manner, the City may
perform the work using others and deduct the cost from the Contractor’s
payment.

GENERAL REQUIREMENTS

A. Term. The term of the resultant contract shall be for a one (1) year initial term.
The City may, at its option and upon mutual agreement with the Contractor,
extend the term of this agreement for an additional four (4) years.

B. Option to Extend. Based on satisfactory Contractor performance, the City, may
at its option and upon mutual agreement with the Contractor, extend the term
of this agreement for an additional four (4) years, renewable on an annual basis.
Contractor shall be notified in writing by the City Materials Manager of the
City's intention to extend the contract period at least ninety (90) calendar
days prior to the expiration of the original contract period.

C. Quantities. Quantities listed in this solicitation are the City’s best estimate only.
The City’s actual requirements during the period of the agreement shall be
determined by the actual needs and availability of appropriated funds.

D. Brand Name or Equivalent. There are a number of products that have been
determined, through evaluation or testing, to be equivalent to the requirements
of the specifications. The list of these brands is not intended to limit or restrict
competition. Rather, it is to set the standard of quality, design, performance
and characteristics of the products specified herein. Any bid which proposes
products that are of equivalent quality, type of material, design and
performance will be considered if sufficient evidence and information is given
to establish it as equivalent and the City determines the product to be equivalent
to the brand name and specifications.

E. Performance of Service. Performance of the required services shall be
completed in accordance with the Scope of Services.

= City of Glendale isi
© Solicitation Number: RFP 22-25 / 42200019 | seso West Glendale Avenue,
CITYWIDE ON-CALL DOOR AND GATE REPAIR AND Suite 317
Giendale PREVENTIVE MAINTENANCE SERVICES Glendale; Arizona 5201
a
F. Changes to Products or Services. Throughout the term of this contract, the City

reserves the right to add, revise or make changes to products or services within
the scope of the work as may be deemed necessary to best serve the needs of
the City.

1. In the event of such a substitution or deletion of service areas, the City will
give the Contractor 10-days’ notice prior to date of discontinuance of
services and responsibilities.

2. The Contractor shall not be compensated for the loss of work due to
deletions or substitutions.

3. In the event the City and the Contractor cannot agree on additional service
or equipment charges, the City reserves the right to perform the additional
services with City personnel, or other outside contract services.

. Safety Standards. Products, equipment and supplies supplied by the Contractor

under this contract shall comply with the current applicable federal, state and
local laws and standards.

. Defective Products and Services. All defective products/services delivered to

the City shall be replaced and exchanged by the Contractor. The cost of
replacing the product/service and other similar expenses shall be paid by the
Contractor.

Subcontractors. When subcontractors are used in the performance of certain
functions under the contract, subcontractors shall be subject to the same terms
and conditions as the Contractor.

. Post-Award Conference. After award of the contract, the Contractor may be

required to attend a post-award conference when requested by the City.

Permits and Licenses The Contractor shall be responsible for determining and
securing, at his/her expense, any and all licenses and permits that are required
by any statute, ordinance, rule or regulation of any regulatory body having
jurisdiction in any manner connected with providing operations and
maintenance of the facility. Such fees shall be included in and are part of the
total proposal cost. During the term of the contract, the Contractor shall notify
the City in writing, within two (2) working days, of any suspension, revocation
or renewal.

Order Acceptance. Services performed for the City will be subject to a complete
review by the Department. Inspection criteria includes conformity to the
specifications, quality and performance standards.

8

. City of Glendale CITY OF GLENDALE
4 i. Pi eee
(Ss Solicitation Number: RFP 22-25 / 42200019 | seso west Glendale Avenue,
CITYWIDE ON-CALL DOOR AND GATE REPAIR AND | Suite 317
Giendale PREVENTIVE MAINTENANCE SERVICES endale, Arizona 85302

4.5

M. Damage to City Property. When damages to City property occurs as a result of

Contractor's negligence, the City will arrange for repairs to be made and the
costs for making repairs to the areas will be deducted from final payments to
the Contractor.

N. Billing or Invoicing. Contractors shall provide a detailed monthly invoice which

includes the following:

*City Purchase Order reference number

eltemized products or services purchased

*Building name and address

*Separate line item for any product discount (if applicable)
«Separate line item for sales tax

ACTIVE CONTRACT MANAGEMENT PLAN AND PERFORMANCE METRICS

A.

To ensure the successful performance of the contract, the City intends to
conduct regularly scheduled meetings and discussions with the Contractor. At
the City’s option, meetings may consist of:

Monthly: Discussion led by City of Glendale Contract Monitors on topics such
as payment of invoices, monthly inspections or repairs, etc.

Quarterly: Discussion led by City of Glendale Contract Monitors on topics such
as late payments, status of monthly inspections or repairs, number of return
service calls, missed emergency calls, technician errors and rework, etc.

Annually: Discussion led by Glendale Procurement on topics such as contract
Extensions, contract amendments, etc.

The City may inspect or monitor every facet required in the Scope of Services
when deemed necessary by the City.

The Contract Administrator(s) will serve as monitor to oversee compliance with
the contract requirements and to assist in resolving problems as they occur.

The City’s monitor shall note discrepancies and work deficiencies in writing and,
unless it is an emergency (in which case a phone call will suffice), shall be
brought to the attention of the Contractor’s representative.

Performance Correction Response Time Limits. In the event the Contractor has

been notified of a deficiency, the Contractor shall correct the deficiency within
the following time limit for each activity:

City of Glendale

Solicitation Number: RFP 22-25 / 42200019
CITYWIDE ON-CALL DOOR AND GATE REPAIR AND

CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317

Glendale PREVENTIVE MAINTENANCE SERVICES Glendale, Arizona 85301
Performance Description Response Time
Metrics Limits
Instances of Return Service Calls (Counted .
1 per year) _1 Working Day
Instances of Missed Emergency Calls
2 (Counted per year) —2_Hours
Instances where technician was not
3 knowledgeable to adequately troubleshoot 1_Working Day
or repair (Counted per year)
Instances where technician did not have
4 adequate supplies & equipment for routine 1__Working Day
repairs (Counted per year)
Instances of incorrect invoices submitted .
5 or damage to City property as a result of —3_Working Days
Contractor’s negligence (Counted per year)

F. In the event the Contractor’s performance does not meet one or more of the
performance standards described above, the Contractor will be given a written
notice setting forth the deficiencies to be corrected subject to approval by the
Contract Administrator.

G. In the event that the Contractor is issued a second notice, the City may impose
a 10% reduction of the Contractor’s monthly billing.

H. If Contractor receives more than three (3) documented notices in one calendar
year, they may be terminated if any of the following exists upon inspection:

1. Unreasonable delays in responding to requests for non-routine or emergency

repairs.

2. When damages to City property occurs as a result of Contractor’s negligence,
the City may arrange for repairs to be made and the costs for making repairs
to the areas will be deducted from Contractor’s payment for the month in
which the incident occurred. The Contractor will be given the first right of
refusal and opportunity to repair the damages at their expense upon the
approval of the City of Glendale Contract Administrator.

3. Not submitting documents such as invoices and completed schedules or
inspection reports.

|, In the event the Contractor has been notified of a deficiency and the deficiency
is not corrected, the City may perform the services using City personnel or by a

10