Arizona Commerical Diving Services Agreement signed

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4/29/2021 
C 
AGREEMENT FOR 
DIVING SERVICES 
City of Glendale Solicitation No. RFP 23-22 
This Agreement for Diving Services ("Agreement") is effective and entered into between CITY OF GLENDALE, 
an Arizona municipal corporation ("City"), and Arizona Commerical Diving Services, Inc., a corporation, 
authorized to do business in Arizona, (the "Contractor"), as of the _____ day of ____________, 20     . 
RECITALS 
A.
City intends to undertake a project for the benefit of the public and with public funds that is more fully set
forth in Exhibit A, pursuant to Solicitation No. RFP 23-22 (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: 
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
(3)
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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4/29/2021 
(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 person 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 or if the acts or omissions of that person are 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.
(3)
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.
2.
Schedule.  The services will be undertaken in a manner that ensures the Project is completed timely and
efficiently in accordance with the Project.
3.
Contractor’s Work.
3.1 
Standard.  Contractor must perform services in accordance with the standards of due diligence, 
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 debarred 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.
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 require any Sub-contractor to be bound to the same requirements as stated within 
this section.  Contractor, and on behalf of any subcontractors, warrants compliance with this 
section.

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3.4 
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.
3.5 
Work Product. 
a.
Ownership.  Upon receipt of payment for services furnished, Contractor grants to City,
and will cause its Sub-contractors 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 seq., and other intellectual work product as may be
applicable ("Work Product").
(1)
This grant is effective whether the Work Product is on paper (e.g., a "hard copy"),
in electronic format, or in some other form.
(2)
Contractor warrants, 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.
(1)
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.
(3)
In such case, City shall also remove any seal and title block from the Work
Product.
4.
Compensation for the Project.
4.1 
Compensation.  Contractor's compensation for the Project, including those furnished by its Sub-
contractors will not exceed $1,100,000, as specifically detailed in Exhibit B (the "Compensation"). 
4.2 
Change in Scope of Project.  The Compensation may be equitably adjusted if the originally 
contemplated scope of services as outlined in the Project is significantly modified. 
a.
Adjustments to the Compensation require a written amendment to this Agreement and
may require City Council approval.
b.
Additional services which are outside the scope of the Project contained in this Agreement
may not be performed by the Contractor without prior written authorization from the City.
c.
Notwithstanding the incorporation of the Exhibits to this Agreement by reference, should
any conflict arise between the provisions of this Agreement and the provisions found in

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the Exhibits and accompanying attachments, the provisions of this Agreement shall take 
priority and govern the conduct of the parties. 
5. 
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 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. 
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 correcting the deficiency or deficiencies rejected for payment. 
6. 
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.

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7. 
Conflict.  Contractor acknowledges this Agreement is subject to A.R.S. § 38-511, which allows for 
cancellation of this Agreement in the event any person who is significantly involved in initiating, 
negotiating, securing, drafting, or creating the Agreement on City's behalf is also an employee, agent, or 
consultant of any other party to this Agreement. 
8. 
Insurance. 
8.1 
Requirements.  Contractor must obtain and maintain the following insurance ("Required 
Insurance"): 
a. 
Contractor and Sub-contractors.  Contractor, and each Sub-contractor performing work or 
providing materials related to this Agreement must procure and maintain the insurance 
coverages described below (collectively referred to herein as the "Contractor's Policies"), 
until each Party's obligations under this Agreement are completed. 
b. 
General Liability. 
(1) 
Contractor must at all times relevant hereto carry a commercial general liability 
policy with a combined single limit of at least $1,000,000 per occurrence and 
$2,000,000 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-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. 
(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.

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(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 parties 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 
required by this section. 
(1) 
The coverage extended to additional insureds must be primary and must not 
contribute with any insurance or self insurance policies or programs maintained by 
the additional insureds. 
(2) 
All insurance policies obtained pursuant to this section must be with companies 
legally authorized to do business in the State of Arizona and reasonably acceptable 
to all parties. 
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 requirements 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. 
c. 
Contractor and Sub-contractors must provide to the City proof of the Required Insurance 
whenever requested. 
8.3 
Indemnification. 
a. 
To the fullest extent permitted by law, Contractor must defend, indemnify, and hold 
harmless City and its elected officials, officers, employees and agents (each, an 
"Indemnified Party," collectively, the "Indemnified Parties"), for, from, and against any and 
all claims, demands, actions, damages, judgments, settlements, personal injury (including 
sickness, disease, death, and bodily harm), property damage (including loss of use), 
infringement, governmental action and all other losses and expenses, including attorneys' 
fees and litigation expenses (each, a "Demand or Expense"; collectively, "Demands or 
Expenses") asserted by a third-party (i.e. a person or entity other than City or Contractor) 
and that arises out of or results from the breach of this Agreement by the Contractor or 
the Contractor’s negligent actions, errors or omissions (including any Sub-contractor or 
other person or firm employed by Contractor), whether sustained before or after 
completion of the Project. 
b. 
This indemnity and hold harmless provision applies even if a Demand or Expense is in 
part due to the Indemnified Party's negligence or breach of a responsibility under this 
Agreement, but in that event, Contractor shall be liable only to the extent the Demand or 
Expense results from the negligence or breach of a responsibility of Contractor or of any 
person or entity for whom Contractor is responsible.

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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. 
9. 
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. 
10.  
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. 
11. 
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. 
12. 
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. 
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: 
(1) 
Received on a business day, or before 5:00 p.m., at the address for Notices 
identified for the Party in this Agreement by U.S. Mail, hand delivery, or overnight 
courier service on or before 5:00 p.m.; or 
(2) 
As of the next business day after receipt, if received after 5:00 p.m. 
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 Contractor's behalf with respect to the Project, and his or her address for Notice 
delivery is: 
Arizona Commercial Diving Services 
c/o  Kurt Hankes 
PO Box 1988 
Tucson, AZ 85702 
b. 
City.  City's representative ("City's Representative") authorized to act on City's behalf, and 
his or her address for Notice delivery is:

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City of Glendale 
c/o  Anne Shadle 
5850 W Glendale Ave. 
Glendale, Arizona 85301 
623-930-2864 
 
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 
c. 
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. 
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. 
13. 
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. 
14. 
Entire Agreement; Survival; Counterparts; Signatures. 
14.1 
Integration.  This Agreement contains, except as stated below, the entire agreement between City 
and Contractor and supersedes all prior conversations and negotiations between the parties 
regarding the Project or this Agreement. 
a. 
Neither Party has made any representations, warranties or agreements as to any matters 
concerning the Agreement's subject matter. 
b. 
Representations, statements, conditions, or warranties not contained in this Agreement will 
not be binding on the parties. 
c. 
The solicitation, any addendums and the response submitted by the Contractor are 
incorporated into this Agreement as if attached hereto.  Any Contractor response modifies 
the original solicitation as stated.  Inconsistencies between the solicitation, any addendums 
and the response or any excerpts attached as Exhibit A and this Agreement will be 
resolved by the terms and conditions stated in this Agreement. 
14.2 
Interpretation. 
a. 
The parties fairly negotiated the Agreement's provisions to the extent they believed 
necessary and with the legal representation they deemed appropriate. 
b. 
The parties are of equal bargaining position and this Agreement must be construed equally 
between the parties without consideration of which of the parties may have drafted this 
Agreement. 
c. 
The Agreement will be interpreted in accordance with the laws of the State of Arizona.

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14.3 
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. 
14.4 
Amendment.  No amendment to this Agreement will be binding unless in writing and executed by 
the parties.  Any amendment may be subject to City Council approval.  Electronic signature blocks 
do not constitute execution. 
14.5 
Remedies.  All rights and remedies provided in this Agreement are cumulative and the exercise of 
any one or more right or remedy will not affect any other rights or remedies under this Agreement 
or applicable law. 
14.6 
Severability.  If any provision of this Agreement is voided or found unenforceable, that 
determination will not affect the validity of the other provisions, and the voided or unenforceable 
provision will be deemed reformed to conform to applicable law. 
14.7 
Counterparts.  This Agreement may be executed in counterparts, and all counterparts will together 
comprise one instrument. 
15. 
Term.   
 
15.1  
Renewals. The term of this Agreement commences upon the effective date and continues for a one 
 
(1)-year initial period.  The City may, at its option and with the approval of the Contractor, extend 
 
the term of this Agreement an additional four (4) years, renewable on an annual basis.  Contractor 
 
will be notified in writing by the City of its intent to extend the Agreement period at least thirty 
 
(30) calendar days prior to the expiration of the original or any renewal Agreement period.  Price 
 
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. 
 
15.2 
Extension for Procurement Process. Upon the expiration of the Term of this Agreement, including 
 
the initial term and any renewals, at the City’s sole discretion, this Agreement may be extended on a 
 
month-to-month basis for a maximum of six (6) months to allow for the City to complete its 
 
procurement process to select a vendor to provide the services/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.  
16. 
Dispute Resolution.  Any controversy or claim arising out of or relating to this contract, or the breach 
thereof, shall be settled by arbitration administered according to the American Arbitration Association’s 
Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any 
court having jurisdiction thereof. 
17. 
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 
18. 
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

EXHIBIT A 
DIVING SERVICES 
PROJECT 
Arizona Commercial Diving Services will perform diving services as per attached specification (ATTACHMENT 1).

ATTACHMENT 1 
CITY OF GLENDALE 
Procurement Division 
5850 West Glendale Avenue, 
Suite 317 
Glendale, Arizona 85301
3 
rev. 12.11.2020 
1.
INTRODUCTION
The City of Glendale (City) invites sealed proposals from qualified companies or
individuals (Contractors) to provide diving services for planned as well as
emergency repairs and perform maintenance throughout the Water Services
Department (WSD).
2.
SCOPE OF SERVICES
Diving services may include sluice gate repairs/installations, small and large valve
repairs/installations, basin leak repairs, tank leak repairs, under water sludge
removal, reservoir liner inspections, reservoir curtain repairs, chemical tank
inspections and all types of underwater emergency repairs.
i.
WSD requires the use of divers where there is equipment or infrastructure
that performs underwater, needs installation, repair, cleaning, or
replacement. When feasible, maintenance functions are performed by
removing the equipment from its underwater location or removing flow from
the location.
ii.
When it is not feasible to stop the flow to a location or remove the equipment
without entering the underwater location, divers maintain and repair, clean
or replace the equipment with minimum process interruptions. In some
cases, there is no other method, or at least no reasonable or cost-effective
method, than to use diving services.
3.
REQUIREMENTS
i.
At a minimum, Contractor employees (and subcontractors) shall be 18 years
of age or over and have a minimum of three (3) years’ diving and repair
services.
ii.
The Contractor shall be experienced and equipped to perform the following
services which include water storage tank entry:
•
Inspections
•
Underwater cutting and welding
•
Potable water diving
•
Confined space entry
•
Underwater closed circuit video inspection and still photography.
•
Underwater preventative maintenance
•
Underwater metal detection
•
Debris removal
•
Underwater ROV inspections
iii.
The successful Contractor(s) shall enter the following environments as part
of this contract:
•
Confined spaces (i.e. storage tanks and sewer lift stations)

City of Glendale 
Solicitation Number:  
RFP 23-22 / 42300035 
DIVING SERVICES 
CITY OF GLENDALE 
Procurement Division 
5850 West Glendale Avenue, 
Suite 317 
Glendale, Arizona 85301
4 
rev. 12.11.2020 
•
Potable water in open basins in the treatment line
•
Sewage
•
Surface water
•
Water containing chemicals
iv.
The City shall furnish the following upon request:
•
Electrical power when available at facilities
•
Plans and drawings of the facility that will request diving services
•
Reasonable access and security and separation from traffic,
passersby, and other Contractors performing City authorized work.
v.
If any materials are supplied which requires safety data sheets (SDSs), such
sheets shall be delivered with the materials by the Contractor(s) and shall be
approved first by the City before use. Furthermore, all materials shall meet
American Water Works Association (AWWA) standards.
4.
Response Time
Contractor shall respond to critical/urgent requests for service within 24 hours or
less from the time they are notified by the City. The City will be the sole judge of the
criticality of any given situation. The City shall provide as much advance notice as
possible.  The City will not allow contractor equipment to be stored on City property.
5.
Mandatory Diving Operations Standards
i.
Contractor diving operations, activities and equipment shall be conducted in
full accordance with Occupational, Safety, Health Administration (OSHA) 29
CFR, part 1910, subpart T. Contractor shall also conform to OSHA
Standard 29 CFR, part 1910.146 permit required Confined Space regulation,
part 1910.147 the control of Hazardous Energy (lockout/tagout), and to
National Institute for Occupational Safety and Health (NIOSH) standards as
applicable.
ii.
Contractor shall completely conform to Association of Diving Contractors
International (ADCI) Consensus Standards for Commercial Diving Operations,
5th Edition or most recent edition.
iii.
Contractor shall comply with all Federal, OSHA, American Water Works
Association, State of Arizona, Maricopa County, and City laws, ordinances,
and regulations regardless of whether or not they are referred to or known
by the City.  Any citation(s) and/or fines for violations of such laws,
ordinances, and regulations shall be the liability of the Contractor providing
the work.  The Contractor will be expected to conduct underwater service
operations using approved commercial diving practices, procedures,
equipment and properly trained diving personnel who shall have
completed a recognized course of commercial diving school.

City of Glendale 
Solicitation Number:  
RFP 23-22 / 42300035 
DIVING SERVICES 
CITY OF GLENDALE 
Procurement Division 
5850 West Glendale Avenue, 
Suite 317 
Glendale, Arizona 85301
5 
rev. 12.11.2020 
6.
Electrical Work
The Contractor is responsible for having qualified personnel to properly lockout or
tagout electrical and mechanical equipment as deemed necessary per the above
OSHA standard. Contractor’s personnel will be responsible for properly
disconnecting and reconnecting electrical and mechanical equipment as required
in the completion of the work.
7.
Confined Space Work
i.
Contractor shall provide copies of Confined Space permit to City’s Safety
Program Manager.
ii.
The Contractor shall provide upon request, a copy of its written health and
safety program, confined workspace program, and any required employee
training records or certificates.  During work performed under this contract,
all injury and illness reports shall be submitted to the City monthly and as
determined by the Construction Manager.
8.
Employee Certifications
i.
All inspectors and divers shall have commercial diving qualifications as
described in the OSHA 1910.410 Standard Interpretation letter 03/29/2000 –
Training Required for Commercial Divers.
ii.
Contractor’s employee designated as a diving master/supervisor must hold an
Association of Diving Contractors International (ADCI) Supervisor Certification
or have documented experience equivalent to the ADCI Supervisor Certification.
Note:  ADCI is referenced as “ADC” in OSHA 1910.410 Standard Interpretation
letter 03/29/2000 – Training Required for Commercial Divers and the American
National Standards Institute (ANSI) Standard for Commercial Diver Training
(ANSI/ACDE-01-2009).  Recreational diving certifications cards from PADI,
NAUI, YMCA certification cards are not acceptable for proof of competency for
commercial diving operations.
iii.
Contractor shall carry a certification or equivalent for 6G Underwater Welding
Per American Water Works Association.
iv.
Throughout the term of the contract, when requested by the City, Contractor
shall provide, within 48 business hours, both company and individual safety
training records and/or certifications for confined space entry, fall
protection, lockout/tagout, hazard communication, First Aid/CPR, or other
OSHA required training. In addition, documentation verifying commercial
diving qualifications, current identification cards, training documentation or
experience documentation must be submitted to the City within 48 business

City of Glendale 
Solicitation Number:  
RFP 23-22 / 42300035 
DIVING SERVICES 
CITY OF GLENDALE 
Procurement Division 
5850 West Glendale Avenue, 
Suite 317 
Glendale, Arizona 85301
6 
rev. 12.11.2020 
hours of requests or provide proof of such to the City Project Manager on site 
prior to the commencement of work.   
9.
Diving Operations
i.
Under no circumstances shall diving operations be conducted with less
than the minimum four-man diving team, nor shall any member of a diving
team remain at the dive station for a period longer than twelve hours per
day.
ii.
The minimum crew must consist of at least four persons: The Dive
Master/Supervisor, a diver, a standby diver, and a tender. For each diver
added to the crew, one tender must also be added. OSHA regulations
specify in 1910.425(c)(2): A diver shall be stationed at the underwater
point of entry when diving is conducted in enclosed or physically confining
spaces.
iii.
The designated Person-In-Charge/Diving Supervisor shall be an ADCI Certified
Supervisor or a person with documented experience equivalent to the ADCI
Supervisor Certification. For all diving operations, the designated Person-In-
Charge/Diving Supervisor shall be appointed in writing as that individual who is
in charge of the planning and execution of the diving operation including the
responsibility for the safety and health of the dive team. He or she shall ensure,
before commencing any diving operation, the dive team members are briefed
on:
▪
The tasks to be undertaken
▪
Any unusual hazards or environmental conditions likely to affect the
safety of the diving operation.
▪
Any modifications to operating procedures necessitated by the specific
diving operation.
NOTE: For the purposes of the Solicitation, the Designated Person-In-
Charge/Diving Supervisor is defined as the individual properly appointed 
in writing, who shall at all times be able to meet the responsibilities of 
that position.  This individual shall not serve in a dual capacity as a dive 
tender, diver or in any other functional position that would interfere with 
his or her ability to remain in charge and take action as appropriate. 
i.
Contractor shall be required to submit one copy of the firm's Safe
Practices or Operations Manual for review within 48 business
hours upon award of contract.  This documentation must include
a copy of the applicable OSHA regulation and shall be present at
the dive station where any operation is conducted.  This
document shall include at a minimum:

City of Glendale 
Solicitation Number:  
RFP 23-22 / 42300035 
DIVING SERVICES 
CITY OF GLENDALE 
Procurement Division 
5850 West Glendale Avenue, 
Suite 317 
Glendale, Arizona 85301
7 
rev. 12.11.2020 
•
Safety procedures and checklists for each diving mode
used
•
Diving checklists: pre-and post-dive
•
Dive team assignments and responsibilities
•
Equipment procedures and checklists for each diving
mode used
•
Emergency procedures for:
o
Fire
o
Equipment failure
o
Adverse environmental conditions
o
Medical illness and treatment of injury
ii.
Prior to each diving operation, the Contractor shall have available
documents substantiating that the following requirements have
been met:
•
Semi-annual air quality samples have been taken on
breathing air systems intended for use on the job.
•
All gauges have been calibrated within the last six months.
•
Diver helmets have been maintained and inspected in
accordance with a routine established by the diving
company.
•
Each dive member has a valid CPR, current first aid
certificate and O2 Provider Certification.
•
Each dive member has a current diving physical report on
file in the company offices and possesses a valid
commercial diver certification card to indicate his or her
level of competency.
•
Diving emergency equipment shall be available at the site
of diving operations and consist of, at a minimum:
o
a physician-approved first aid kit and manual
o
a bag-type manual resuscitator with transparent
mask and tubing.
10.
Equipment
i.
Contractor must have the equipment necessary to communicate with an
under-surface diver.
ii.
Contractor must have the equipment to broadcast or record by film, radio
signal, or other recording/communications method(s) or devices(s),
conditions observed under water (i.e. video camera/camcorder, CATV) for the
benefit of the City.
iii.
Contractor to have adequate tools to operate in a wet environment and to deal
with the following types of conditions:  cutting and welding metals and

City of Glendale 
Solicitation Number:  
RFP 23-22 / 42300035 
DIVING SERVICES 
CITY OF GLENDALE 
Procurement Division 
5850 West Glendale Avenue, 
Suite 317 
Glendale, Arizona 85301
8 
rev. 12.11.2020 
concrete and for drilling such materials; lifting and hoisting equipment that 
includes double cable and two-ton capacity; underwater vacuum and a non-
breathing air supply to move underwater debris; and underwater lighting. 
iv.
Potable water - no gear that has ever been used in wastewater, salt water, lakes,
or any other non-potable water or liquid may be used.  All inspectors and divers
shall be enclosed in a chemical resistant dry suit and full-face gear.
11.
DIVER’S LOG
At any time, the City may request from awarded Contractor(s) diver’s logs for
divers assigned to the City.  Contractor(s) shall provide diver’s logs within 48
business hours after receipt of request.
12.
INVOICE AND PAYMENT
i.
Hourly rates shall be inclusive of supervision, personnel, mobilization
costs, all necessary equipment, tools, insurance, vehicles, fuel, labor,
technical knowledge and expertise, copies of reports, videos, photos and
project quote  Contractor must provide pricing using the format requested
on the attached Price Sheet, to be considered responsive.  Items 1 through
20 must be priced to be considered responsive.
ii.
Materials and rental markup will only be allowed if previously approved by
the City.  A copy of the invoice for any billable materials must be attached to
the invoice for these services.
iii.
No Additional Charges Allowed - No charges, such as environmental charges,
fees, etc. will be paid by the City if not listed in your response.
iv.
All invoices submitted for payment shall reference correct purchase order
number and project name.  Invoices shall be submitted no later than 30 days
after project completion to WSDFINANCE@GLENDALEAZ.COM.

EXHIBIT B 
DIVING SERVICES 
COMPENSATION 
NOT-TO-EXCEED AMOUNT 
The total amount of compensation paid to Contractor for full completion of all work required by the Project during 
the entire term of the Project must not exceed $1,100,000. 
DETAILED PROJECT COMPENSATION 
See Contractor's Pricing Page (ATTACHMENT 2).

CITY OF GLENDALE 
Procurement Division 
5850 W. Glendale Avenue  
Suite 317 
Glendale, AZ 85301 
Phone: (623) 930-2865 
RFP 23-22 
DIVING SERVICES 
RESPONSE WORKBOOK 
ITEM # 
DESCRIPTION OF SERVICES - NORMAL BUSINESS HOURS 
Hourly Rate 
1 
Potable Water Diving, four-man team during normal work hours 7:00am to 5:00pm 
(Monday – Friday). 
$300.00 
2 
Additional man for Potable Water Diving during normal work hours 7:00am to 
5:00pm (Monday – Friday). 
$65.00 
3 
Potable Water Diving, four-man team overtime labor rate (Night, Weekends, City 
Holidays) 
$450.00 
4 
Additional man for Potable Water Diving overtime labor rate (Night, Weekends, City 
Holidays). 
$97.50 
5 
Sewage Water Diving, four-man team during normal work hours 7:00am to 5:00pm 
(Monday – Friday). 
$350.00 
6 
Additional man for Sewage Water Diving during normal work hours 7:00am to 
5:00pm (Monday – Friday). 
$75.00 
7 
Sewage Water Diving, four-man team overtime labor rate (Night, Weekends, City 
Holidays). 
$525.00 
8 
Additional man for Sewage Water Diving overtime labor rate (Night, Weekends, City 
Holidays). 
$112.50 
9 
Raw Water/Surface Water Diving, four-man team during normal work hours 7:00am 
to 5:00pm (Monday – Friday). 
$300.00 
10 
Additional man for Raw Water/Surface Water Diving during normal work hours 
7:00am to 5:00pm (Monday – Friday) 
$65.00 
ATTACHMENT 2

CITY OF GLENDALE 
Procurement Division 
5850 W. Glendale Avenue  
Suite 317 
Glendale, AZ 85301 
Phone: (623) 930-2865 
ITEM # 
DESCRIPTION OF SERVICES - NORMAL BUSINESS HOURS 
Hourly Rate 
11 
Raw Water/Surface Water Diving, four-man team overtime labor rate (Night, 
Weekends, City Holidays). 
$450.00 
12 
Additional man for Raw Water/Surface Water Diving overtime labor rate (Night, 
Weekends, City Holidays). 
$97.50 
13 
Chemically Treated Water Diving, four-man team during normal work hours 7:00am 
to 5:00pm (Monday – Friday). 
$350.00 
14 
Additional man for Chemically Treated Water Diving during normal work hours 
7:00am to 5:00pm (Monday – Friday). 
$75.00 
15 
Chemically Treated Water Diving, four-man team overtime labor rate (Night, 
Weekends, City Holidays). 
$525.00 
16 
Additional man for Chemically Treated Water Diving, overtime labor rate (Night, 
Weekends, City Holidays). 
$112.50 
17 
HAZMAT Diving, four-man team during normal work hours 7:00am to 5:00pm 
(Monday – Friday). 
$350.00 
18 
Additional man for HAZMAT Diving during normal work hours 7:00am to 5:00pm 
(Monday – Friday). 
$75.00 
19 
HAZMAT Diving, four-man team overtime labor rate (Night, Weekends, City 
Holidays). 
$525.00 
20 
Additional man for HAZMAT Diving, overtime labor rate (Night, Weekends, City 
Holidays). 
$112.50 
 Grand Total $5012.50 
a.
Contractor’s markup for materials
10% 
b.
Contractor’s markup for equipment rentals
10% 
ATTACHMENT 2