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022-1119
AGREEMENT FOR
ROOFTOP HEAT PUMP REPLACEMENT
City of Glendale Solicitation No. IFB 23-16
This Agreement for Rooftop Heat Pump Replacement ("Agreement") is effective and entered into between CITY
OF GLENDALE, an Arizona municipal corporation ("City"), and Cool Zone Air Conditioning and Heating, LLC,
an Arizona limited liability company, authorized to do business in Arizona, (the "Contractor"), as of the _34 day
of _October___, 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. IFB 23-16 (the "Project");
B. City desires to retain the services of Contractor to perform those specific dues 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.
1.2 Project Team.
a. Project Manager.
(1) Contractor will designate an employee as Project Manager with sufficient training,
knowledge, and experience to, in the City's option, complete the Project and
handle all aspects of the Project such that the work produced by Contractor is
consistent with applicable standards as detailed in this Agreement,
(2) The City must approve the designated Project Manager; and
@) To assure the Project schedule is met, Project Manager may be required to devote
no less than a specific amount of time as set out in Exhibit A.
b. Project Team.
(1) The Project Manager and all other employees assigned to the project by
Contractor will comprise the "Project Team."
(2) Project Manager will have responsibility for and will supervise all other employees
assigned to the Project by Contractor.
c. Discharge, Reassign, Replacement.
(1) Contractor acknowledges the Project Team is comprised of the same persons and
roles for each as may have been identified in the response to the Project's
solicitation.
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(2) Contractor will not discharge, reassign or replace or diminish the responsibilities
of any of the employees assigned to the Project who have been approved by City
without City's prior written consent unless that petson leaves the employment of
Contractor, in which event the substitute must first be approved in writing by City.
(3) Contractor will change any of the members of the Project Team at the City's
request if an employee's performance does not equal or exceed the level of
competence that the City may reasonably expect of a person performing those
duties ot if the acts or omissions of that person ate detrimental to the
development of the Project.
d. Sub-contractors.
(1) Contractor may engage specific technical contractor (each a "Sub-contractor") to
furnish certain service functions.
(2) Contractor will remain fully responsible for Sub-contractor's services.
6) Sub-contractors must be approved by the City, unless the Sub-contractor was
previously mentioned in the response to the solicitation.
(4) Contractor shall certify by letter that contracts with Sub-contractors have been
executed incorporating requirements and standards as set forth in this Agreement.
Schedule. The services will be undertaken in a manner that ensures the Project is completed timely and
efficiently in accordance with the Project.
Contractor's Work.
3.1
3.2
3.3
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 setvices for projects that are equivalent in size, scope, quality, and other criteria under
the Project and identified in this Agreement.
Licensing. Contractor warrants that:
a. Contractor and Sub-contractors will hold all appropriate and required licenses, registrations
and other approvals necessaty for the lawful furnishing of services ("Approvals"); and
b. Neither Contractor nor any Sub-contractor has been debarred or otherwise legally
excluded from contracting with any federal, state, or local governmental entity
("Debarment").
(63) City is under no obligation to ascertain or confirm the existence of issuance of any
Approvals or Debarments ot to examine Contractor's contracting ability.
(2) Contractor must notify City immediately if any Approvals or Debatment changes
during the Agreement's duration and the failure of the Contractor to notify City as
required will constitute a matetial default under the Agreement.
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, colot, religion, sex, national origin, age, marital status, sexual orientation, gender identity or
expression, genetic characteristics, familial status, U.S, military veteran status ot any disability.
Contractor will require any Sub-conttactor to be bound to the same requirements as stated within
this section. Contractor, and on behalf of any subcontractors, watrants compliance with this
section.
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4.
3.4
3.5
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 ("Coordinating Project
Professionals").
b. Subject to any limitations expressly stated in the Project Budget, Contractor will meet to
review the Project, Schedule, Project Budget, and in-progress work with Coordinating
Project Professionals and City as often and for durations as City reasonably considers
necessary in order to ensure the timely work delivery and Project completion.
c. For projects not involving Coordinating Project Professionals, Contractor will proactively
interact with any other contractors when directed by City to obtain or disseminate timely’
information for the proper execution of the Project.
Work Product.
a. Ownership. Upon receipt of payment for services furnished, Contractor grants to City,
and will cause its Sub-contractots to grant to the City, the exclusive ownership of and all
copyrights, if any, to evaluations, reports, drawings, specifications, project manuals,
surveys, estimates, reviews, minutes, all "architectural work" as defined in the United States
Copyright Act, 17 U.S.C § 101, et seg., and other intellectual work product as may be
applicable ("Work Product").
(1) This gtant is effective whether the Work Product is on paper (€.g., a "hard copy"),
in electronic format, or in some other form.
(2) Contractor wattants, and agrees to indemnify, hold harmless and defend City for,
from and against any claim that any Work Product infringes on third-party
proprietary interests.
b. Delivery. Contractor will deliver to City copies of the preliminary and completed Work
Product promptly as they are prepared.
c City Use.
¢3) City may reuse the Work Product at its sole discretion.
(2) In the event the Work Product is used for another project without further
consultations with Contractor, the City agrees to indemnify and hold Contractor
harmless from any claim arising out of the Work Product.
@) In such case, City shall also remove any seal and title block from the Work
Product.
Compensation for the Project.
4.1
4.2
Compensation. Conttactor's compensation for the Project, including those furnished by its Sub-
contractors will not exceed $100,000, as specifically detailed in Exhibit B (the "Compensation").
Change in Scope of Project. ‘Ihe 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 requite 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 ftom the City.
c Notwithstanding the incotporation of the Exhibits to this Agreement by reference, should
any conflict atise between the provisions of this Agreement and the provisions found in
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the Exhibits and accompanying attachments, the provisions of this Agreement shall take
priority and govern the conduct of the patties.
Billings and Payment.
5.1 Applications.
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 ot conditioned upon City's receipt of:
qd) Completed work generated by Contractor and its Sub-contractors; and
(2) Unconditional waivers and releases on final payment from Sub-contractors as City
may reasonably request to assure the Project will be free of claims arising from
requited performances under this Agreement.
5.3 Review and Withholding: City’s Project Manager will timely review and certify Payment
Applications.
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 cortecting the deficiency or deficiencies rejected for payment.
Termination.
6.1 For Convenience. City may tetminate 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. Conttactor will be equitably compensated for Goods or Services furnished prior to receipt
of the termination notice and for reasonable costs incurted.
b. 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 requited items to the City.
6.2 For Cause. City may terminate this Agreement for cause if Contractor fails to cure any breach of
this Agreement within seven 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 tesulting ftom the breach, as determined by City, ate less than
the equitable amount due but not paid Contractor for Service and Repair futnished, 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 of mote than $1,000,000 or the amount of this Agreement,
whichever is greater.
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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, secuting, drafting, or creating the Agreement on City's behalf is also an employee, agent, ot
consultant of any other party to this Agreement.
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 matetials related to this Agreement must procure and maintain the insurance
coverages described below (collectively teferted to herein as the "Contractor's Policies"),
until each Party's obligations under this Agreement ate completed.
b. General Liability.
(a) Contractor must at all times relevant heteto carry a commetcial general liability
policy with 2 combined single limit of at least $1,000,000 per occurtence and
$2,000,000 annual aggtegate for each property damage and contractual property
damage.
(2) Sub-contactors must at all times relevant hereto catty a genetal commercial liability
policy with a combined single limit of at least $1,000,000 pet occurtence.
@) 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
coverage.
c. 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 hired automobiles.
d. Workers' Compensation and Employer's Liability. A workers' compensation and
employer's liability policy providing at least the minimum benefits required by Arizona law.
e 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.
f. Certificates of Insurance.
(ay 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-contractor'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.
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(3) Contractor's failure to secure and maintain Contractor Policies and to assure Sub-
conttactor policies as requited will constitute a material default under the
Agteement.
g- Other Contractors ot Vendots.
(1) Other contractors or vendors that may be contracted with in connection with the
Project must ptocute and maintain insutance coverage as is appropriate to their
particular contract.
(2) This insurance coverage must comply with the requirements set forth above for
Contractor's Policies (e.g,, the requirements pertaining to endorsements to name
the patties as additional insuted parties and certificates of insurance).
h. Policies. Except with respect to workets' compensation and employer's liability coverages,
City must be named and properly endorsed as additional insuteds on all liability policies
tequited by this section.
(1) ‘The coverage extended to additional insureds must be primaty and must not
contribute with any insurance or self insurance policies or progtams maintained by
the additional insureds.
(2) All insurance policies obtained pursuant to this section must be with companies
legally authotized to do business in the State of Arizona and reasonably acceptable
to all parties.
8.2 Sub-contractors.
a. Contractor must also cause its Sub-contractors to obtain and maintain the Required
Insurance.
b. City may consider waiving these insurance requitements for a specific Sub-contractor if
City is satisfied the amounts required are not commercially available to the Sub-contractor
and the insurance the Sub-conttactor does have is appropriate for the Sub-contractor's
work under this Agreement.
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 ot Expense"; collectively, "Demands or
Expenses") assetted by a third-party (.e. a person or entity other than City or Contractor)
and that atises out of ot results from the breach of this Agreement by the Contractor or
the Contractor’s negligent actions, ertots ot omissions (including any Sub-contractor ot
other person or firm employed by Contractor), whether sustained before or after
completion of the Project.
This indemnity and hold hatmless 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
petson or entity for whom Contractor is responsible.
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10.
11.
12.
c. Conttactor is not required to indemnify any Indemnified Patties 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 requitements 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 subconttactot 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 A.R.S § 35-393 through § 35-393.03 are applicable, the parties hereby
cettify that they are not currently engaged in, and agree for the duration of the Agreement to not engage in,
a boycott of goods ot setvices from Israel, as that term is defined in A.R.S § 35-393.
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.
Notices.
12.1 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. Deliveted in person or by overnight courier service (delivery charges prepaid), certified or
registered mail (return receipt requested); and
c. Notice will be deemed to have been delivered to the person to whom it is addressed as of
the date of receipt, if:
qd) 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 ot before 5:00 p.m.; ot
(2) As of the next business day after receipt, if recetved after 5:00 p.m.
d. The burden of proof of the place and time of delivery is upon the Party giving the Notice;
and
e. Digitalized signatures and copies of signatures will have the same effect as original
signatures.
12.2 Representatives.
a. Contractor, Contractor's representative (the "Contractor's Representative") authorized to
act on Conttactor's behalf with respect to the Project, and his or her address for Notice
delivery is:
Cool Zone Air Conditioning and Heating, LLC
c/o David J. Flemm
PO Box 2480
Peotiz, AZ 85380
dflemm@coolzoneait.com
623-322-0933
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14.
b. 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 Connie Schneider
5850 W Glendale Ave #317
Glendale, Arizona 85301
623-930-2868
With required copy to:
City Manager City Attormey
City of Glendale City of Glendale
5850 West Glendale Avenue 5850 West Glendale Avenue
Glendale, Arizona 85301 Glendale, Arizona 85301
c. Concutrent Notices.
(1) All notices to City's representative must be given concuttently 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 teceived 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
tespective addresses for notices.
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-
ptofit corporation or other entity whose primary purpose is to own ot manage the Project.
Entire Agreement; Survival; Counterparts; Signatures.
14.1 Integration. This Agreement contains, except as stated below, the entite agreement between City
and Contractor and supersedes all prior conversations and negotiations between the parties
tegatding the Project or this Agreement.
a. Neither Party has made any representations, wattanties 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 ate
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 tesponse or any excerpts attached as Exhibit A and this Agreement will be
resolved by the terms and conditions stated in this Agreement.
14.2 Interpretation.
a. The patties faitly negotiated the Agreements provisions to the extent they believed
necessaty and with the legal representation they deemed appropriate.
b. The parties ate of equal bargaining position and this Agreement must be construed equally
between the parties without consideration of which of the parties may have drafted this
Agreement.
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16.
17.
18.
14.3
14.4
14.5
14.6
14.7
Term,
15.1
15.2
c The Agteement will be interpreted in accordance with the laws of the State of Arizona.
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.
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.
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.
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.
Counterparts. This Agreement may be executed in counterparts, and all counterparts will together
comprise one instrument.
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
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.
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 vendot 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 conttoversy or claim arising out of ot 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 atbitrator 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, chatter, 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:
tip: iwnww.mesaaz.pov/ business / putchasing/ save
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
4/29/2021
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4/29/2021,
The parties enter into this Agreesnént as of the Effective Date sown above.
Cool Zone Air - Conditioning and Heating; LLC,
an Arizona limited liability co
Gop
By: Dayid ] Flemm
Tts; Owner
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42972021
EXHIBIT A
Rooftop Heat Pump Replacement (IFB 23-16)
PROJECT
The Coniract is to replace existing packaged rooftop heat pumps with new packaged rooftop heat pumps to include
all materials and labor as described in IFB 23-16. Unit pricing shall be firm include the cost of freight and all other
associated direct ot indirect costs, including taxes.
7 CITY OF GLENDALE —
aM SOLICITATION NUMBER: IFB 23-16 / Procurement Division
: |
42300019 5850 West Glendale Avenue,
GS ; Suite 317
Giendai le | Glendale, Arizona 85301
ROOFTOP HEAT PUMP REPLACEMENT
1. INTRODUCTION
The City of Glendale Community Housing Division (City) owns and maintains
three low-income housing complexes. At one of the properties, Cholla Vista
Apartments, many of the rooftop heat pumps are over 20 years old. The City is
proactively replacing these outdated HVAC units before they need repair or fail.
2. OBJECTIVES
The City is seeking qualified proposals from ROC licensed Contractors (Bidder) to
replace existing packaged rooftop heat pumps with new packaged rooftop heat pumps.
The resulting Agreement shall provide for all materials and labor. Unit pricing shall be
firm include the cost of freight and all other associated direct or indirect costs,
including taxes.
We have an immediate need to replace the following: one (1) 4-ton unit, four (4) 3-ton
units, and eleven (11) 2-ton units.
The City is requesting two (2) quotes. The first is a “package” quote to replace all 16
(sixteen) units at once. The second requested quote is a price per unit (i.e., 4 ton, 3,
ton, 2 ton) if replaced separately.
3. GENERAL SPECIFICATIONS
The following specifications shall be provided by Bidder:
3.1 Remove and discard existing roof top unit, metal frame, duct and
condensate drain. Capture and properly dispose of refrigerant.
3.2 Provide and install a new Trane or similar brand packaged rooftop
mounted heat pump unit with minimum SEER rating or higher as required
by the current city of Glendale adopted International Energy Conservation
Code (IECC),
3.3. Verify size/tonnage before installation and replace with same.
3.4 Provide the manufacturer service to install new unit.
3.5 _ Provide and install new down discharge curb and ducts. Connect to
existing supply and return duct through roof. Seal roof watertight. Seal
supply and return ducts air and vapor tight.
3.6 Insulate metal curb on all sides exposed to the external environment.
3.7. Provide new digital manual turn over thermostat.
3.8 Provide new thermostat wiring from heat pump to the thermostat if needed.
3.9 Provide new disconnect and electrical whip.
3.10 Provide additive alternate to replace the electrical circuit breaker in the
panel if the wrong size.
CITY OF GLENDALE _
| a SOLICITATION NUMBER: IFB 23-16 / Procurement Division
© 42300019 5850 West Glendale Avenue,
Glendale | Civils A¥izonn 35301
Soe ROOFTOP HEAT PUMP REPLACEMENT ,
3.11 Provide and install new condensate drain with P-trap, vent on down flow
3.12
3.13
3.14
3.15
3.16
side and two unions. Minimum depth of P-trap 2-inches or as
recommended by heat pump manufacturer.
Condensate line to extend over the edge of the roof and the same location
as existing or as directed by the COG representative.
Paint the condensate line with a color that roughly matches the roofing
materials.
Provide all miscellaneous parts, sealants, and other supplies to complete
the installation
Provide a complete and fully functioning system.
Include sales tax in proposal.
4. REQUIRED SPECIFICATIONS
4.1
4.2
4.3
4.4
4.5
4.6
4.7
All work to be comply with applicable building, mechanical and energy
codes including city of Glendale code amendments.
Provide a minimum five (5) year warranty on compressor and two (2) year
parts and labor
Bidder agrees to terms and conditions of HUD 5370EZ General Contract
Conditions for Small Construction/Development Contracts. For details go
to https://www.hud.gov/sites/dfiles/OCHCO/documents/5370-EZ. pdf
Bidder to meet or exceed applicable and recent Davis Bacon Act prevailing
wage for staff working on project. For details go to https://sam.gov/wage-
determination/AZ20200031/5
Bidder to register in SAM.gov https://sam.gov/content/entity-registration
if selected
Bidder to provide W-9 if selected
Bidder to provide Certificate of Insurance if selected
5. QUANTITIES
The quantities referenced in this solicitation above are close estimates for current needs
ONLY and are to be used for information purposes only.
6. 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
4
a oe a CITY OF GLENDALE
a SOLICITATION NUMBER: IFB 23-16/ |. Procurement Division
‘est Glendale Avenue,
en ie .
ualzoss ROOFTOP HEAT PUMP REPLACEMENT _|_Slen#ale- Arizona 85501
establish it as equivalent and the City determines the product to be equivalent to the
brand name and specifications.
7. DELIVERY
e Delivery Time
e All deliveries shall be FOB Destination to site.
City of Glendale CITY OF GLENDALE
Ss 4 Solicitation Number: IFB 23-16 / 42300019 aaa ent Division
a ROOFTOP HEAT PUMP REPLACEMENT 5850 West Glendale
Glendale EXHIBITS PACKAGE Avenue, Suite 317
| | Glendale, Arizona 85301
By signing on the Offer/Bid page, solicitation Amendment(s), or cover letter accompanying the submittal
documents, Bidders are certifying that they understand the following notices and agree to comply with all
required terms and conditions. The following terms are found on the City’s Website and are applicable to
Invitation for Bids:
https://www.glendaleaz.com/your_government/city _finances/procurement/procurement_policies
Standard Terms and Conditions, Invitation for Bid - Revised 04-24-2009
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TYPE OF AWARDS The City reserves the right to make multiple awards or to award by individual
line items, by group of line items, or to make an aggregate award, whichever is deemed most
advantageous to the City. If the City determines that an aggregate award to one bidder is not in the
City's best interest, "all or none" bids shall be rejected.
ALTERNATE OFFERS Bids submitted as alternates, or on the basis of exceptions to specific
conditions of purchase and/or required specifications, must be submitted as an attachment referencing
the specific paragraph number(s) and adequately defining the alternate or exception submitted. Detailed
product brochures and/or technical literature, suitable for evaluation, must be submitted with the bid.
If no exceptions are taken, City will expect and require complete compliance with the specifications and
all Conditions of Purchase.
EFFECTIVE PERIOD OF OFFER Bids shall be valid for a minimum of 120 days following the
deadline for submitting bids. If an award is not made during that period, all bids shall be automatically
extended for another 120 days. Bids will be automatically renewed until such time as either an award is
made, or proper Notice is given to the Procurement Officer of bidder’s intent to withdraw its bid. Bids
may only be withdrawn by submitting Notice at least 15 days before the expiration of the then current
120-day period.
PAYMENT TERMS If payment terms are not indicated, terms of NET 30 days shall be applied by the
City. Payment terms to apply after receipt of invoice or final acceptance of the products/services,
whichever is later. Payment terms offering less than 20 days for payment will not be considered.
UNIT PRICE TO PREVAIL In the event of a price disparity between the unit and extended price, the
unit price shall prevail unless judged obviously in error by the City.
OFFER ERRORS OMISSIONS AND CORRECTIONS The City will not be responsible for any
bidder errors or omissions. No corrections will be permitted after the bids have been opened.
BRAND NAME REFERENCES AND TECHNICAL SPECIFICATIONS Brand names or
manufacturer's references shall be construed as a quality or performance Jevel and does not indicate the
item cited is mandatory. Technical specifications define the acceptable standard.
RESTRICTIVE OFFER PROVISIONS If specifications preclude an otherwise qualified bidder from
submitting a bid, a written request for modification must be received by the Buyer at least seven (7)
calendar days prior to the bid due date. All bidders will be notified by a written addendum to the
solicitation of any approved changes.
DEFAULT In case of default by the contractor, the City may, by written notice, cancel this contract
and repurchase from another source and may recover the excess costs by (1) deduction from an unpaid
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City of Glendale "| CITY OF GLENDALE
© _ Solicitation Number: IFB 23-16 / 42300019 Procarement Division
ROOFTOP HEAT PUMP REPLACEMENT est Glendale
Glendale E ITS PACKAGE Avenue, Suite 317
XHIB! KA Glendale, Arizona 85301
balance due; (2) collection against the bid and/or performance bond; or (3) a combination of the
aforementioned remedies or other remedies as provided by law.
TERMINATION FOR CONVENIENCE The City reserves the right to terminate any order or contract
upon thirty days written notice. The City will be responsible only for those standard items which have
been delivered and accepted. If the items are unique and not saleable or useable for any other
application, the City will reimburse the Seller for actual labor, material, and burden costs, plus a profit
not to exceed 8%. Title to all materials, work-in-process, and completed but undelivered goods will pass
to the City after costs are claimed and allowed.
SUB-CONTRACTING The contract or any portion thereof, shall not be sub-contracted without the
prior written approval of the Materials Manager. No such approval will be construed as making the City
a party of or to such sub-contract or subjecting the City to liability of any kind to any sub-contractor. No
sub-contract shall, under any circumstances, relieve the contractor of liability and obligation under this
contract; and despite any such subletting the City shall deal through the contractor. Sub-contractors will
be dealt with as workmen and representatives of the contractor.
SAFETY DATA SHEETS (SDS). Contractor is to supply SDS in accordance with Federal
requirements for The Globally Harmonized System of Classification and Labeling of Chemicals (GHS).
Contractor entering the City workplace with hazardous materials will supply the City with SDS covering
those particular products the contractor may expose City employees or the general public to while
working at the site.
GENERAL INDEMNIFICATION: Contractor shall indemnify, defend, save and hold harmless the
City of Glendale and its officers, officials, agents, and employees (hereinafter referred to as
“Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses
(including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation)
(hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or
damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the
negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents,
employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered
under the Workers’ Compensation Law or arising out of the failure of such Contractor to conform to
any Federal, State or local law, statute, ordinance, rule, regulation or court decree. It is the specific
intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from
the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and
against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation,
defense and judgment costs where this indemnification is applicable. In consideration of the award of
this contract, the Contractor agrees to waive all rights of subrogation against the City, its officers,
Officials, agents, and employees for losses arising from the work performed by the Contractor for the
City.
RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS The bidder's
products, services, and facilities shall be in full compliance with all applicable Federal, State, and local
health, environmental, and safety laws, regulations, standards, and ordinances, regardless of whether or
not they are referred to by the City.
RESPONSIBILITY FOR CORRECTION It is agreed that the bidder shall be fully responsible for
making any correction, replacement, or modification necessary for specification or legal compliance. In
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City of Glendale 7 CITY OF GLENDALE |
GS Solicitation Number: IFB 23-16 / 42300019 oe arom
Glendal ROOFTOP HEAT PUMP REPLACEMENT est Glendale
winoae EXHIBITS PACKAGE Yay trent: Suite 317
= _ Glendale, Arizona 85301
the event of a call back, Bidder agrees to give the City first priority. Bidder agrees that if the product or
service offered does not comply with the written specification, the Materials Manager has the right to
cancel the sale at any time with full refund within thirty (30) calendar days after notice of noncompliance
and bidder further agrees to be fully responsible for any consequential damages suffered by the City.
WARRANTY Unless otherwise specified, all items shall be guaranteed for a minimum period of one
year against defects in material and workmanship. During the period, ifa defect should occur, that item
shall be repaired or replaced by the Seller at no obligation to the City, except where it be shown that the
defect was caused by misuse and not by faulty manufacture. The bidder expressly warrants all items to
be new, free from defects in design, materials, and workmanship, and to be fit and sufficient for their
intended purpose. Any sample submitted shall create an expressed warranty that the whole of the goods
shall conform to the sample or model.
REJECTION OF OFFERS The City reserves the right to reject any or all bids, or any part thereof; to
accept any bid or any part thereof; or to waive any informalities when it is deemed to be in the City's best
interest.
DELAY IN EXERCISING CONTRACT REMEDY Failure or delay by the City to exercise any right,
power, or privilege shall not be deemed a waiver thereof.
ORDER OF PRECEDENCE In the event of conflict, the following precedence shall prevail: (1) Special
Terms and Conditions incorporated by attachment; (2) Special Terms and Conditions; (3) Drawings and
Specifications; (4) referenced documents; and (5) the Standard Terms and Conditions.
CHANGES The City reserves the right to make changes in any of the following: (a) specifications; (b)
methods of shipment; (c) place of delivery; (d) time of delivery; (e) quantities. If any change causes an
increase or decrease in the cost of or the time required for performance, an equitable adjustment may be
made in the price or delivery schedule, or both. Any claim for adjustment shall be deemed. waived unless
asserted in writing within thirty days from receipt of the change. Price increases or extensions of delivery
time shall not be binding on the City unless in writing and approved by the Materials Manager prior to
the institution of the change.
PRICE ADJUSTMENTS Price adjustments shall be addressed a minimum of sixty (60) days prior to
the contract renewal date, shall be in writing and include supportive justification for the proposed
increase. Supportive justification means that the request shall include detailed information and
calculations that make it clear how the claimed increase has an impact on the contract unit prices. The
requested price increase must be based upon a cost increase that was clearly unpredictable at the time of
the bid and can be shown to directly affect price of the item concerned. The rate increase shall only be
considered at time of contract extension. The City will review the request and shall determine if the
increase shall be granted or if an alternate option is in the best interest of the City. The price increase
adjustment, if approved, will be effective and executed via a contract amendment.
LATE SUBMISSION OF CLAIM The City will not honor any invoices or claims which are tendered
one year after the last item of the account accrued.
PROTEST OF AWARD Any petson who has an objection to the awarding of a solicitation by the City,
pursuant to competitive bidding procedures, shall lodge that protest, in writing, with the Materials
Manager. The protest should specifically identify the objection to the award, pursuant to the formal
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City of Glendale | CITY OF GLENDALE |
& Solicitation Number: IFB 23-16 / 42300019 | Procumement Division
: ROOFTOP HEAT PUMP REPLACEMENT 5850 West Giendale |
Glendale EXHIBITS PACKAGE Avenue, Suite 317
setrews — Glendale, Arizona 85301 _
purchase procedure. The protest must be submitted no later than seven (7) calendar days after the notice
of intent to award is posted on theCity's Procurement Internet home page at
https://Awww.yzlendaleaz.com/your_government/city_finances/procurement/notice of intent to aw
ard. Untimely protests will not be considered.
. REMEDIES City shall have, in addition to the remedies provided herein, all remedies afforded by the
Uniform Commercial Code as adopted by the State of Arizona. Contractor shall have, subject to the
limitation imposed by the terms of this agreement, all remedies afforded by the Uniform Commercial
Code as adopted by the State of Arizona.
ASSIGNMENT Neither an order nor monies due thereunder shall be assigned in whole or in part
without the City's prior written consent.
ADDENDA Any change to the bid will be in the form of a numbered addendum issued by the
Procurement Division. The addendum will be furnished to all who received the bid. The City will not
be responsible for any oral or written instructions made by any employees, officers, contracted.
consultant or agent of the City in regard to the bid. The City will not be responsible for bidders adjusting
their bid based on oral or written instructions.
SPECIAL ACCOMMODATIONS Please contact Procurement at 930-2862 at least 3 days prior to the
meeting for special accommodation. Hearing impaired persons, please use the Arizona Relay Service
(1-800-367-8939).
OFFER IDENTIFICATION The City is not responsible for the pre-opening of, post-opening of, or the
failure to open, a bid not properly addressed or identified.
BID TABULATION An electronic copy of the bid tabulation may be requested by e-mailing the
Procurement office at procurement@glendaleaz.com and referencing the bid title and number. The
information wiil be available for distribution when the City has completed its evaluation process of the
bids received.
LIABILITY Except for the sole negligence of the City, its officers, managers, employees, or agents,
Contractor shall be liable to the City for any physical damage to City property or for the death of, or
personal injury to, City personnel arising out of Contractor's occupancy, maintenance, repair,
replacement, installation and/or any other work performed pursuant to the contract. Contractor agrees
to indemnify, defend and hold the City harmless from any claim or loss arising from such damage or
injury.
OSHA GUIDELINES The contractor shall be familiar with and operate within the guidelines set forth
by the Occupational Safety and Health Act.
PATENTS Seller agrees to defend City at seller's own expense, in all suit, actions, or proceedings in
which City is made a defendant for actual or alleged infringement of any United States of America or
foreign letters patent resulting from City’s use of the goods purchased as a result of this bid. Seller further
agrees to pay and discharge any and all judgments or decrees, which may be rendered in any such suit,
action or proceedings against City. Seller agrees to indemnify and hold harmless the City from any and
all license, royalty and proprietary fees or costs, including legal costs, which may arise out of City’s
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City of Glendale "| CITY OF GLENDALE |
ay Solicitation Number: IFB 23-16 / 42300019 | ren ert Division
oa ROOFTOP HEAT PUMP REPLACEMENT 5850 West Glendale
Hengete EXHIBITS PACKAGE Avenme, Suite 317
a Glendale, Arizona 85301 _
purchase and use of goods supplied by the seller. It is expressly agreed by seller, that these covenants are
irrevocable and perpetual.
VENDOR PERFORMANCE Prior bidder performance in regard to product, service, or representation
of/from the bidder may be used in evaluation of this bid. Unsatisfactory performance to the City may
be considered sufficient grounds for rejection of this bid. No bid will be awarded to any bidder who is
in default on any contract with the City.
FUND APPROPRIATION CONTINGENCY The contractor and the City recognize that the
continuation of any contract after the close of any given fiscal year of the City; which ends on June 30,
shall be subject to the approval of the budget of the City providing the contract item is an expenditure
therein. The City does not guarantee that the budget item will be actually adopted, as it is the
determination of the City Council at the time of the adoption of the budget.
NOTIFICATION OF AWARD The successful bidder(s) will be notified that their bid has been
accepted by the City Council as recommended for award.
NON-EXCLUSIVITY The City, in its sole discretion, reserves the right to request the materials or
services set forth herein from other sources when deemed necessary and appropriate. No exclusive
rights are included in this Agreement.
PROHIBITIONS - Contractor, and on behalf any subcontractor, certifies, to the extent applicable under
A.R.S. §§ 35-391 et seg and 35-393 et seg, that neither has "scrutinized" business operations, as defined in
the proceeding statutes, in the countries of Sudan or Iran.
IMMIGRATION LAW COMPLIANCE Contractor, and on behalf any subcontractor, warrants, to
the extent applicable under A.R.S. § 41-4401, compliance with all federal immigration laws and
regulations that relate to their employees as well as compliance with A.R.S. § 23-214(A) which requires
registration and participation with the E-Verify Program. Any breach of warranty described above is
considered a material breach of this Agreement and is subject to penalties up to and. including
termination of this Agreement. City of Glendale (“City”) retains the legal right to inspect the papers of
Contractor or subcontractor employee who performs work under this Agreement to ensure that
Contractor or any subcontractor is compliant with the warranty described above. City may conduct
random inspections, and upon request of the City, Contractor shall provide copies of papers and records
demonstrating continued compliance with the warranty described above. Contractor agrees to keep
papers and records available for inspection by the City during normal business hours and will cooperate
with City in exercise of its statutory duties and not deny access to its business premises or applicable
papers or records for the purposes of enforcement of this Section. Contractor agrees to incorporate into
any subcontracts under this Agreement the same obligations imposed upon itself and expressly accrue
those obligations directly to the benefit of the City. Contractor also agrees to require any subcontractor
to incorporate into each of its own subcontracts under this Agreement the same obligations above and
expressly accrue those obligations to the benefit of the City. Contractor’s warranty and obligations
under this Section I to the City is continuing throughout the term of this Agreement or until such time
as the City determines, in its sole discretion, that Arizona law has been modified in that compliance
with this section is no longer a requirement. The “E-Verify Program” above means the employment
verification program administered by the United States Department of Homeland Security, the Social
Security Administration, or any successor program.