Agreement

City of Glendale — Regular Meeting (2023-02-14)

Extracted text (via ocr_local) 41082 characters

AGREEMENT FOR
FRONT LOAD AND ROLL OFF BIN PARTS
City of Glendale Solicitation No. IFB 23-11

This Agreement for Front Load and Roll Off Bin Parts ("Agreement") is effective and entered into between CITY
OF GLENDALE, an Arizona municipal corporation ("City"), and BTE Body Company, Inc., a Texas corporation

authorized to do business in Arizona, (the "Contractor"), as of the day of 202_.
RECITALS
A. City intends to undertake a project for the benefit of the public and with public funds that is mote fully set
forth in Exhibit A, pursuant to Solicitation No. IFB 23-11 (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;
C. 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:

Key Personnel; Sub-contractors.

11 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.

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.

31 Standard. Contractor must perform services in accordance with the standards of due diligence,
care, 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 debarted 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.

4/29/2021

3.3

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 characteristics, familial status, U.S. military veteran status or any disability.
Contractor will requite 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.

Compensation for the Project.

4.1

4.2

Compensation. Contractor's compensation for the Project, including those furnished by its Sub-
contractors will not exceed $500,000 as specifically detailed in Exhibit B (the "Compensation").

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 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 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.

5.1

5.2

5.3

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.

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 reasonably request to assure the Project will be free of claims arising from
required performances under this Agreement.

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 correcting the deficiency or deficiencies rejected for payment.

4/29/2021

Termination.

6.1 For Convenience. City 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 receipt
of the termination notice and for reasonable costs incurred.

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 required 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 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 of more than $1,000,000 or the amount of this Agreement,
whichever is greater.

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.

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.

b. General Liability.

(a) 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
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-contractots and covering owned, non-
owned and hired automobiles.

ave
4/29/2021

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-conttractor'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.

(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-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.

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

g. 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 (e.g., the requirements pertaining to endorsements to name
the patties as additional insured parties and certificates of insurance).

h. 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
requited 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.

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-contractor does have is appropriate for the Sub-contractor's
work under this Agreement.

-4-
4/2912021

10.

11.

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, etrors ot 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
rights 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
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.

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 ift

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

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

4/29/2021

13.

(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, ot 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.

12.2 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:

BTE Body Company, Inc.

c/o Jason Hurst, General Manager
2650 N 3294 Avenue

Phoenix, AZ 85009

Tel: 602-278-9227

Email: Jason.hurst@btebody.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 Scott Givaudan

Supervisor, Solid Waste Management
Glendale, Arizona 85301
623-930-2710

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.

(1) 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.

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.

-6-
4/29/2021

14. Entire Agreement; Survival; Counterparts; Signatures.

14.1

14.2

14.3

14.4

14.5

14.6

14.7

15. Term.

15.1

15.2

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 patties.

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 Agteement will be
resolved by the terms and conditions stated in this Agreement.

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 Atizona.

Survival. Except as specifically provided otherwise in this Agreement, each warranty,
representation, 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 tights 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 undet this Agteement
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. Thete are no automatic renewals of this
Agreement.

Extension for Procurement Process. Upon the expiration of the Tetm of this Agreement, including
the initial term and any renewals, at the City’s sole discretion, this Agreement may be extended on a

-7-
4/29/2021

16.

17.

18.

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

coutt 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

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

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

ATTEST:

Julie K. Bower
City Clerk SEAL)
2 a

APPROVED AS TO FORM:

City of Glendale,

an Adzona municipal corporation

By: Kevin R. Phelps.
Its: City Manager

Michael D. Bailey
City Attorney

BIE Body Company, Inc.
a Texas co, tion

: General Manager

4/29/2021

EXHIBIT A
FRONT LOAD AND ROLL OFF BIN PARTS
PROJECT

BTE Body Company, Inc. shall provide Front Load and Roll Off Bin Parts to the City of Glendale on an “as needed”
basis as per attached specifications (ATTACHMENT 1).

ATTACHMENT 1
CITY OF GLENDALE

&S SOLICITATION NUMBER: IFB 23-11 / 42300013 Procurement Division
5850 West Glendale Avenue,

Glendale Suite 317
fendal FRONT LOAD AND ROLL OFF BIN PARTS Glendale, Arizona 85301

a. CITY OF GLENDALE
‘C PROCUREMENT DIVISION
Glendale INVITATION FOR BIDS

ARIZONA
SOLICITATION NUMBER: IFB 23-11

ONLINE BID NUMBER: 42300013

TITLE: FRONT LOAD AND ROLL OFF BIN PARTS
PUBLISHED DATE: OCTOBER 5, 2022

PRE-BID CONFERENCE: OCTOBER 25, 2022, 10:00 AM Local Time
A pre-bid meeting will be held at the Glendale Field Operations
Building Conference Room, 6210 W Myrtle Avenue, Suite #
111 Glendale, AZ 85301 at 10:00AM local time. The entrance
is located off of Myrtle Ave, just west of 62nd Avenue.
Attendance is not required but strongly encouraged.

BID DUE DATE AND NOVEMBER 4, 2022 BEFORE 2:00 PM LOCAL TIME
TIME:
CONTACT: Elmer Garcia, NIGP-CPP, Procurement Officer

623-930-2866 / Email: Egarcial@glendaleaz.com

Bids must be submitted electronically to Procurement through Vendor Self-Service

System (VSS). Vendor registration instructions:
https://www.glendaleaz.com/common/ pages/DisplayFile.aspx?itemld=16718352

Bids shall be opened for public viewing in the presence of one or more witnesses via virtual

meeting: To join the bid opening, Click here to join the meeting

Meeting ID: 217 807 543 638

Passcode: HvhaHh

Or call in (audio only)

+1 480-500-1194,.408503227% United States, Phoenix

Phone Conference !D: 408 503 227#

The name of each bidder, and the bid price shall be recorded on a bid record. The name of the

required witness shall also be recorded.

—— CITY OF GLENDALE
© SOLICITATION NUMBER: IFB 23-11 / 42300013 Procurement Division
5850 West Glendale Avenue,
Glendale | FRONT LOAD AND ROLL OFF BIN PARTS ___, Suite 317
Glendale, Arizona 85301

BIDDERS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE
SOLICITATION.

TABLE OF CONTENTS

IFB Package

Ll INTRODUCTION & BACKGROUND...
1.2 OBJECTIVES ...0..eeeseeeteeeteeteeseene
1.3 GENERAL REQUIREMENTS
1.4 PRODUCT REQUIREMENTS
1.5 CONTRACT PRICING..........
1.6 EMERGENCY BUSINESS SERV
1.7 CONTRACT ADMINISTRATION...........
2. BIDDER SHEET (Must be printed, signed and returned upon completion) .
3, PRICING WORKBOOK

Exhibits Package

Exhibit 1: Special Notices

Exhibit 2: Special Terms and Conditions

Exhibit 3: Insurance Requirements (if applicable)

CITY OF GLENDALE

SOLICITATION NUMBER: IFB 23-11 / 42300013 Procurement Division
5850 West Glendale Avenue,

Glendale | FRONT LOAD AND ROLL OFF BIN PARTS Suite 317

Glendale, Arizona 85301

1.0

1.1

1.2

1.3

SPECIFICATIONS

INTRODUCTION & BACKGROUND

A. The City of Glendale (“City”) Field Operations Department, Solid Waste Division is

requesting proposals from qualified suppliers to provide front-load and roll-off trash
bin parts and supplies in accordance with the provisions, specifications and
instructions set forth in this Invitation for Bids (IFB).

B. The City uses front-load and roll-off trash bins to provide solid waste collection
services to commercial businesses, multi-family units, mobile home parts and trailer
parks throughout the City.

C. The City intends to use the resultant contract to purchase miscellaneous parts,
supplies, materials and accessory equipment to support the regular maintenance and
upkeep of the City’s trash bins.

OBJECTIVES

The objective of the City is to award the contract to suppliers who are capable of providing
a full range of products including but not limited to, trash bins, bin bottoms, bin lids, bin
casters and wheels, miscellaneous bin parts and accessories.

GENERAL REQUIREMENTS

A. Products. Contractors should be able to provide a full range of parts, supplies,

materials, and miscellaneous parts to meet the demands of the City.

Quantities. The City will purchase bin parts and supplies on an “as-needed” basis.
Quantities listed in this solicitation are the City’s best estimate only and no
commitment of any quantity is made in this contract. The City’s actual requirements
during the period of this agreement shall be determined by the actual needs and
availability of appropriated funds.

New Parts or Equipment. The City shall require new, NOT refurbished or
reconditioned parts and equipment.

. Current Products. All parts and supplies offered by the Contractor shall be in current

and ongoing production and capable of meeting or exceeding the specifications and
requirements set forth by the City.

Safety Standards. Parts and supplies supplied by the Contractor under this contract
shall comply with applicable state, city and federal safety requirements.

—s CITY OF GLENDALE
Cc SOLICITATION NUMBER: IFB 23-11 / 42300013 Procurement Division
5850 West Glendale Avenue,
Glendale | FRONT LOAD AND ROLL OFF BIN PARTS Suite 317
Glendale, Arizona 85301

F. Product Quality Assurance. All parts and supplies provided in this contract shall be
packaged and delivered to the City complete and undamaged, free of rust, dents,
corrosion or any other physical or functional defects.

G, 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.

H. Ordering. Trash bin parts and supplies shall be purchased in accordance with this
contract by the issuance of a purchase order and/or P-card.

I. Delivery. All deliveries shall be made within 15 business days upon receipt of the
purchase order or written notification from the City. All deliveries shall be made
within the City of Glendale hours from 7:00 AM to 4:00 PM, Monday through Friday,
excluding holidays. The City reserves the right to purchase any item under the
resultant contract from other suppliers if the Contractor(s) is unable to meet this
requirement.

J. Delivery location. Parts and supplies shall be delivered FOB destination to:

City of Glendale

Solid Waste Management Division
6429 W. Orangewood Avenue
Glendale, AZ 85301

The City reserves the right to revise or add delivery locations within the City when the
need arises.

K. Access to City Location. The City will provide the Contractor with access to City
delivery location so as to permit the Contractor to perform its obligations under this

contract.

L. City Property Damage. Any damage caused by the Contractor to City property shall
be the Contractor’s responsibility to make repairs within 20 days. If repairs are not
completed, the City has the right to make the repairs and bill the Contractor who shall
be responsible for reimbursing the City.

K. Order Acceptance. Parts and supplies delivered to the City will be subject to inspection
by the City of Glendale Solid Waste Management Division. Inspection criteria
includes conformity to the specifications, quality and performance standards and

Glendale

CITY OF GLENDALE

SOLICITATION NUMBER: IFB 23-11 / 42300013 Procurement Division
5850 West Glendale Avenue,

Suite 317
FRONT LOAD AND ROLL OFF BIN PARTS Glendale, Arizona 85301

1.4

1.5

warranty information. If the part delivered is returned to the Contractor for corrective
action prior to acceptance for any reason, an additional period of 10 calendar days
shall be allowed for inspection when subsequent deliveries occur.

The Contractor shall be fully responsible for shipping charges for any replacement
product to correct items deemed not compliant with contract specifications.

L. Defective Products. All defective or incomplete products delivered to the City shall be
replaced and exchanged by the Contractor. The cost of transportation, unpacking,
inspection, repacking, reshipping or other similar expenses shall be paid by the
Contractor. All replacement products must be received by the City within ten (10)
calendar days of initial notification.

PRODUCT REQUIREMENTS

A. Products. Contractor should have a comprehensive line of trash bin parts and supplies
to meet the needs of the City. The product categories include, but are not limited to

the following:

VB whe

Bin Bottoms

Bin Lids or Covers

Bin Casters and Wheels
Miscellaneous Bin Parts
Other categories

CONTRACT PRICING

A. Pricing. Contractors shall provide pricing for the following:

Core Products List. The Core Products List represents the most competitive pricing
ona variety of products frequently ordered by the City. Prices in the Core Products
List shall remain firm during the term of the contract and will include all charges
that may be incurred by the Contractor in fulfilling the requirements of this
contract.

Catalog Products List. The Catalog Products List shall include the Contractor’s
available products which are not included in the City’s Core Products List. Catalog
Products List pricing shall be determined by applying the category discounts to the
prices listed in the Contractor’s manufacturer’s suggested retail price (MSRP),
retail price sheets, or published catalogs. Prices in the Catalog Products List shall
remain firm during the term of the contract and will include all charges that may
be incurred by the Contractor in fulfilling the requirements of this contract.

CITY OF GLENDALE

SOLICITATION NUMBER: IFB 23-11 / 42300013 Procurement Division
5850 West Glendale Avenue,

Glendale | FRONT LOAD AND ROLL OFF BIN PARTS Suite 317

Glendale, Arizona 85301

1.6

1 |

Price Changes. Contractors may submit a request for price adjustments on the City’s
Core Products List within 90 days prior to the contract renewal date. The request shall
be in writing and include supportive justification for the proposed price changes.

Contractors may submit changes to the manufacturer’s suggested retail price (MSRP),
retail price sheets, or published catalogs 90 days prior to the contract renewal date.

The price adjustments and changes in manufacturer’s price lists, retail price sheets, or
published catalogs shall only be considered at the time of contract extension. The City
will review the request and will determine if the price adjustments shall be granted or
if an alternate option is in the best interest of the City. The price adjustment or change
in manufacturer's suggested retail price, retail price sheets, or published catalogs, if
approved, will be effective and executed via a contract amendment.

No Additional Fees Allowed. No overtime charges, gas surcharges or additional fees
to the City shall be allowed. Contractor’s charges shall be based on contract pricing
only.

. Billing or Invoicing. Contractors shall provide a detailed invoices which includes the

following:

City Purchase Order reference number

*Itemized products purchased

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

All invoices should be submitted to the City of Glendale Solid Waste Management
Division. Payments may be delayed for invoices that do not provide the details listed

above,

EMERGENCY BUSINESS SERVICES

During an emergency, natural disaster or homeland security event, there may be a
need for the City to access the Contractor’s products or services when needed. All
products or services provided to meet an emergency request shall be supplied as per
the contract prices, terms and conditions. In general, emergency orders may be placed
using a City Procurement Card.

CONTRACT ADMINISTRATION

The Solid Waste Supervisor or designee shall perform all Contract Administrative
functions associated with this document.

— CITY OF GLENDALE
© SOLICITATION NUMBER: IFB 23-11 / 42300013 Procurement Division
5850 West Glendale Avenue,
Glendale | FRONT LOAD AND ROLL OFF BIN PARTS Suite 317
Glendale, Arizona 85301

2. BIDDER SHEET (Must be printed, signed and returned upon completion)
Bidder certifies that they have read, understand, and will fully and faithfully comply with this
solicitation, its attachments and any referenced documents. Bidder also certifies that the prices
offered were independently developed without consultation with any of the other Bidders or
potential Bidders.

(Bidder to enter date) (Enter company name)

Date Legal Company Name

(Enter printed name) (Enter Job Title)

Printed Name (Authorized Signatory) Job Title

Offeror Certifies it is a (check only one): ( Proprietorship [] Partnership _] Corporation
(Enter Email Address) (Enter Mailing Street Address)

Email Address Mailing Street Address

(Enter Phone Number) (Enter City, State, Zipcode)

Phone Number City, State & Zip Code

(Enter Contact Name ) (Enter Phone Number) (Enter Email Address)
Contact Name Phone Number Email Address

FEDERAL TAXPAYER ID NUMBER (Required): (Enter Federal Taxpayer [D)

OFFEROR IS A MINORITY OR WOMEN OWNED BUSINESS: [] Yes [1] No
DO YOU HAVE AN ARIZONA TRANSACTION PRIVILEGE TAX (TPT) LICENSE?

[1 Yes, Number Tax Rate: OR [_] No, not required to have an Arizona TPT License

CONFLICT OF INTEREST (SPECIAL NOTICES):

(J No, | do not have a conflict of interest C1 Yes, | have a conflict of interest and response includes
the disclosure required (see Exhibit 1, tem #3)

ACKNOWLEDGEMENTS: By signing this Offer Sheet and submitting the accompanying solicitation
response, Offeror is certitying that they have read, understand, and agree to comply with all
required terms and conditions provided in the EXHIBITS PACKAGE and checked off below, Failure
to provide this acknowledgement wil! result in disqualification.

_] Exhibit 1 - Special Notices CJ Exhibit 2 - RFP Standard Terms and Conditions

C1 Exhibit 3 - Insurance Requirements L] Exhibit 4 - Template Agreement

Authorized Signature

EXHIBIT B
FRONT LOAD AND ROLL OFF BIN PARTS
COMPENSATION

NOT-TO-EXCEED AMOUNT

The total amount of compensation paid to Contractor for full completion of all work requited by the Project during
the entire term of the Project must not exceed $500,000.

DETAILED PROJECT COMPENSATION

See Contractor’s Pricing Workbook (ATTACHMENT 2).

ATTACHMENT 2

z CITY OF GLENDALE
=e SOLICITATION NUMBER: IFB 23-11 / 42300013 Procurement Division
Gleniat 5850 West Glendale Avenue,
endaie Suite 317
FRONT LOAD AND ROLL OFF BIN PARTS Glendale, Arizona 85301
3. PRICING WORKBOOK

Offerors shall completely fill out the Price Sheet, Offerors shall provide unit prices in the Core
Products List and discount percentages in the Catalog Products List.

Offerors shall submit copies of their manufacturer’s suggested retail price (MSRP), retail price sheets
or published catalogs containing catalog prices, description, brand name, make and model of each
product offered.

All prices offered to the City shall be firm and fixed for the specified contract period. Prices shall
include, but not limited to, delivery, labor, equipment, tools, materials, supplies, licenses, fees,
insurance, warranty, profit and any other associated direct or indirect costs.

Sales tax shall not be included i n the Unit Price for the pur ose of determining the lowest cost.
However, after contract award, the Contractor shall charge sales tax as a separate item in their invoices.

CORE PRODUCTS LIST

|The Core Products List represents the most competitive pricing on a variety of products frequently
ordered by the City. Prices in the Core Products List shall remain firm during the term of the
contract and will include all charges that may be incurred by the Contractor in fulfilling the
requirements of this contract.

Annual
Item Description Unit of |Estimated Unit Total
No. Measure | Quantity Price Amount
(A) (B) (A XB)
Front Load Lid, 36”x58”
31 Manufacturer: _ CON-FAB Each 1672 $30.81 $.51814.32

Make & Model!:___ i 365sip

Front Load Lid, 36°x48”

Manufacturer: CON-FAB 27.22 6260.60
32 |Make & Model: —rsagup = 20 8 —

Front Load Lid, 36"x41” 7
33 Manufacturer: CON-FAB Bach 45 $27.03 $1216.35

Make & Model :_136411P

Front Load Lid, 74x58”

Manufacturer: CON-FAB san96
3.4 Make & Model ;__L7458iP Each 10 $ 141. $1419.60

Glendale

SOLICITATION NUMBER: IFB 23-11 / 42300013
FRONT LOAD AND ROLL OFF BIN PARTS

CITY OF GLENDALE
Procurement Division

$850 West Glendale Avenue,

Suite 317

Glendale, Arizona 85301