Wolverine Daylighting Agreement
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C
AGREEMENT FOR
VACTOR SERVICES
City of Glendale Solicitation No. RFP 23-19
This Agreement for Vactor Services ("Agreement") is effective and entered into between CITY OF GLENDALE,
an Arizona municipal corporation ("City"), and Wolverine Daylighting, LLC, an Arizona limited liability company,
authorized to do business in Arizona, (the "Contractor"), as of the _____ day of ____________, 2023.
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 23-19 (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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(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 $1,500,000, 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:
Wolerine Daylighting, LLC
c/o Wade Wyman, Vice President
24029 N. 91st Ave.
Peoria, AZ 85383
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
VACTOR SERVICES
PROJECT
Contractor to provide Vactor Services on an as-needed basis, and shall fulfill the Scope of Work, per RFP 23-19.
CITY OF GLENDALE
PROCUREMENT DIVISION
REQUEST FOR PROPOSAL
SOLICITATION NUMBER:
RFP 23-19
ONLINE BID NUMBER:
42300026
TITLE:
VACTOR SERVICES
PUBLISHED DATE:
NOVEMBER 9, 2022
PRE-OFFER CONFERENCE:
NOVEMBER 15, 2022, 10:00 AM Local Time
Microsoft Teams meeting
Join on your computer, mobile app or room device
Click here to join the meeting
Meeting ID: 240 600 649 650
Passcode: eneu2U
Download Teams | Join on the web
Attendance is NOT required
OFFER DUE:
DECEMBER 7, 2022, 2:00 PM Local Time
Offer Submission Through Vendor Self-Service (VSS) Online Bid
System.
NOTE: This is a sealed proposal process requiring proposals to be
submitted before the date/time shown above. If errors occur when
submitting through VSS, email or call using contact information below.
CONTACT:
Anne Shadle
Procurement Office
Procurement Division
623-930-2864
ashadle@glendaleaz.com
Proposals shall be opened using the City’s electronic bidding system on the specified due time
and date identified herein. All information contained in the proposals shall be confidential to
avoid disclosure of contents prejudicial to competing Offerors.
OFFERORS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE SOLICITATION
The Vendor Self-Service - New and Existing Vendor Registration Guide provides detailed
instructions for registration for both new and existing vendors.
City of Glendale
Solicitation Number:
RFP 23-19 / 42300026
VACTOR SERVICES
CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301
2
Table of Contents:
RFP Package
1.0
INTRODUCTION ............................................................................................................................................. 3
2.0
OBJECTIVES ................................................................................................................................................... 3
3.0
SCOPE OF SERVICES ................................................................................................................................... 3
4.0
HOW WE CHOOSE ......................................................................................................................................... 9
5.0
SUBMISSION CHECKLIST ........................................................................................................................ 11
6.0
SUBMISSION REQUIREMENTS ............................................................................................................... 12
EXHIBIT 1: SPECIAL NOTICES ............................................................................................................................ 14
EXHIBIT 2: RFP SPECIAL TERMS AND CONDITIONS ................................................................................... 17
EXHIBIT 3: INSURANCE REQUIREMENTS ....................................................................................................... 25
Required Submittal Documents
1. Response Workbook – To be completed by Offeror and submitted as their response.
2. Pricing Workbook – To be completed by Offeror and submitted as their response.
City of Glendale
Solicitation Number:
RFP 23-19 / 42300026
VACTOR SERVICES
CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301
3
1.0
INTRODUCTION
The City of Glendale, Arizona (City), invites sealed proposals from qualified firms to
provide vactor services for the cleaning of its storm drains, storm drainpipes, culvert
cleaning, pressure washer separators/vaults, sumps, wet wells, drywells, channels,
basins, pits, trenches, clarifiers, drains, traps, and underground tank cleaning and
inspection and hydro excavation. Requested services will be on an as needed basis
and/or emergency basis (Group 1) while others will be scheduled (Group 2).
2.0
OBJECTIVES
It is the intent of the City to select multiple Contractors to perform the services described
herein at a variety of locations within the City limits to include, but not limited to, City-
owned facilities, Water/Wastewater Treatment Facilities, lift stations, privately-owned
property, commercial property and property owned by other government agencies, all
for which permission to enter has been obtained.
3.0
SCOPE OF SERVICES
A.
Group 1 – Emergencies (On-Call) / As Needed
Contractor shall provide vactor truck/high velocity jet rodding services, or suction,
cleaning and pumping services for hydro excavation, storm drain cleaning, storm
drainpipe cleaning, culvert cleaning, box culvert cleaning, wet well, drywell
cleaning and inspection as needed.
B.
Group 2 – Scheduled Cleaning
Contractor shall provide suction, pumping, cleaning and disposal services on a
variety of sumps, wet wells, drywells, channels, basins, pits, trenches, clarifiers,
drains, traps, basins, channels, and underground waste in multiple locations as
indicated in the following Table 1.2.B. The City may add or remove sites during
the term of the services in the best interest of the City.
Table 1.2.B.
Location
Address
Frequency
67th Ave. Lift Station
14904 N 67th Ave.
Annual
West Area Water
Reclamation Facility
5901 N. Glen Harbor Blvd.
Quarterly (multiple
sites)
Airport Lift Station
6893 N Glen Harbor Blvd.
Annual
Desert Diamon Lift Station
9431 W. Northern Ave.
3 x Year
Stone Haven Lift Station
5503 N. 91st Ave.
Annual
55th Ave. Lift Station
12995 N 55th Ave.
Annual
RSPS Lift Station
9801 W Camelback Rd.
5 x Year
Luke Air Force Base Lift
Station
7211 N. El Mirage Rd.
2 x Year
Vision 2 (Under Design)
Ball Park Blvd.
TBD
City of Glendale
Solicitation Number:
RFP 23-19 / 42300026
VACTOR SERVICES
CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301
4
83rd Ave Lift Station No. 9
17500 N 83rd Ave
Quarterly
Arrowhead Water
Reclamation Facility
8180 W Union Hills
Quarterly
67th Ave and Beardsley
Lift Station No. 10
20202 N 67th Ave
Annual
Oasis Water Treatment Plant
7070 W Northern Ave
Annual (multiple
sites)
Cholla Water Treatment
Plant
4805 W Cholla Ave
Annual (multiple
sites)
Pyramid Peak Water
Treatment Plant
28101 N 63rd Avenue
Annual (multiple
sites)
3.1
GROUP 1 REQUIREMENTS
Contractor shall:
A.
Provide the City a response within two (2) hours of notification of City’s
need for emergency services;
B.
Perform the requested services no later than two (2) business days after
receiving the Notice to Proceed from City;
C.
Complete work no later than seven (7) days from project start date;
D.
Replace felt and rock when cleaning dry wells;
E.
Provide all traffic control needed at the job site, unless provided by the
City;
3.2
GROUP 2 REQUIREMENTS
Contractor shall:
A.
Provide the City a response within twenty-four (24) hours of notification of
City’s need of services;
B.
Perform the requested services no later than two (2) business days after
receiving the Notice to Proceed from City;
C.
Complete work no later than seven (7) days from project start date;
D.
Replace felt and rock when cleaning dry wells;
E.
Provide all traffic control needed at the job site
F.
Remove non-hazardous liquid, debris, grit, high solids, oily water or
sludge from sumps, wet wells, drywells, channels, basins, pits, trenches,
clarifiers, drains, traps, basins, channels, and underground tanks and
haul to disposal site;
G.
Be responsible in the disposing of waste at a legal disposal site that meets
all federal, state and local laws;
3.3
GENERALREQUIREMENTS
Contractor shall:
A.
Provide all equipment, materials, supplies and personnel necessary to
clean storm drains, storm drainpipe, culvert, box culvert sumps, wet wells,
City of Glendale
Solicitation Number:
RFP 23-19 / 42300026
VACTOR SERVICES
CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301
5
drywells, channels, basins, pits, trenches, clarifiers, drains, traps, basins,
channels, and underground tanks and hydro excavation;
B.
Comply with all federal, state and local laws, regulations, statutes, and
codes;
C.
Obtain all necessary permits, fittings, and water meters that may be
required by the City;
D.
Provide all necessary safety equipment;
E.
Obtain and purchase any water necessary for debris removal. (Water
is available at fire hydrants throughout the City) and may be supplied
at site;
F.
Decant all excess fluid into the closest sanitary manhole prior to dumping
solids into the City's assigned dump location. Dump sites will be provided
based on locations of services/jobs;
G.
Be responsible for cleaning their mess within twenty-four (24) hours in the
event the Contractor's Operator creates a mess while dumping solid;
Cleaning requirements will be determined by the City Representative;
H.
Not solicit work from private citizens while performing work for the City;
I.
Notify City Representative daily, prior to 7:00 a.m., of Vactor crew status
and daily schedule;
J.
Provide City Representative with completed route map and task list prior
to invoicing;
K.
Washing of spoils is not allowed onsite.
3.4
CITY’S RESPONSIBILITIES
The City shall:
A.
Provide Contractor a map/location and detailed outline of work to be
performed with a “Notice to Proceed” for Group 1 services;
B.
Provide the Contractor with location and required frequency for cleaning
services for Group 2 services;
C.
Provide dump location at City landfill for the Contractor to deposit silt and
debris collected from the job sites;
D.
The City will not provide storage space for Contractor's vehicles, materials,
supplies or equipment.
3.5
EQUIPMENT REQUIREMENTS
Contractor shall:
A.
Have equipment and vehicle that is neat in appearance and easily
identified.
B.
Have vehicles and equipment well maintained in a safe and
mechanically sound working condition. Downtime will not be paid by
the City of Glendale if the Contractor's vehicle or equipment is disabled
or broken down while in the performance of any work for the City of
Glendale.
C.
Display company’s name and phone number on all vehicles and
equipment;
City of Glendale
Solicitation Number:
RFP 23-19 / 42300026
VACTOR SERVICES
CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301
6
D.
Have lighting on all vehicles in accordance with the 2020 City of Phoenix
Barricade Manual;
E.
Have all trucks and other equipment follow all applicable federal, state,
and local rules and regulations.
F.
Not use trucks or equipment designated for use under this contract for
any other work while conducting services for the City.
G.
Not place and/or use equipment in such manner as to block vehicular
traffic lanes or create safety hazards;
H.
Be responsible for all appropriate warning devices.
I.
Provide equipment and vehicles with all necessary tools needed to
perform the assigned work;
J.
Equip all trucks and other equipment with a back-up alarm and
rotating flashers, strobe lighting or light bar and arrow board;
K.
Provide high pressure hydro jetting/vacuuming truck and equipment
(Vactor) that is manufactured in 2014 or newer.
L.
Have equipment that complies with the following minimum capabilities:
i.
Minimum 10 cu. yard box capacity
ii.
Minimum 1500 gal. on board tank capacity
iii.
Minimum 80 GPM at 2000 psi jet rodder water pump capacity
M.
Provide vactor truck that is equipped with an Automatic Vehicle
Location (AVL) System capable of identifying the routes completed by
the truck;
N.
Have all hand tools and pipe plugs needed to perform assigned work;
Have a large variety of nozzles/heads needed to perform assigned work;
O.
Have the capability of providing two (2) trucks simultaneously, with a
three-person crew, in the event the City requires such services;
P.
Have a truck that has 3000+ gallon tanks;
Q.
Provide a truck that can remove non-hazardous liquid, debris, grit,
high solids, oily water or sludge from sumps, wet wells, dry wells,
channels, basins, pits, trenches, clarifiers, drains, traps, basins,
channels, and underground tanks.
3.6
PERSONNEL REQUIREMENTS
Contractor shall:
A.
Provide all management, supervisor, and labor necessary for efficient and
effective management of this contract.
B.
Designate a supervisor to monitor this contract who can communicate
with the City's Representative in English.
C.
Act and work in a professional manner;
D.
Have the designated supervisor on site and immediately available
during work activities to receive communications from the City of
Glendale staff by cellular phone.
E.
Provide current cell phone number to City of Glendale Representative;
F.
Use only trained, competent employees in the performance of this
contract;
City of Glendale
Solicitation Number:
RFP 23-19 / 42300026
VACTOR SERVICES
CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301
7
G.
Remove any incompetent, abusive or disorderly employees, from work
under this contract at the request of the City;
3.7
SAFETY
Contractor shall:
A.
Wear safety vest or high visibility clothing that meets ANSI Class II or
better at all times while working on traffic areas;
B.
Use only trained and competent employees to conduct, attend and
supervise confined space entries.
C.
Provide all necessary equipment to safely conduct all Confined Space
Entries.
D.
Be able to provide up-to-date confined space safety training certifications and
properly completed confine space permits.
3.8
WORK AREA
Contractor shall:
A.
Keep the assigned work area safe for all residents, motorists,
pedestrians and City of Glendale personnel during the project;
B.
Leave the public right of way/work site in a neat and clean condition
upon completion of the work.
C.
Restore any damaged City property or private property to its original
condition as determined by the City of Glendale.
3.9
TRAFFIC CONTROL
Contractor shall:
A.
Be responsible for all traffic control, unless provided by the City, on the
job site. Traffic control shall be included and made a part of the unit price
bid.
B.
Ensure protection of the work area at all times unless a City of Glendale
Representative authorizes a waiver. Barricading area for work performed
within the public right-of-way must comply with City of Phoenix Barricade
Manual and the City of Glendale ordinance.
C.
Remove all equipment and materials from each site and leave the site
broom clean at the end of the workday.
D.
Be responsible to obtain City of Glendale Temporary Traffic Control
(TIC) permit prior to commencing any work if they are to restrict
access (partial or complete closures) on public streets, sidewalks,
bike lanes, alleys or other public facility except as noted in the City of
Glendale Temporary Traffic Control Ordinance. The permit authorizes
restrictions to be in place as specified on the permit but does not
guarantee the requester exclusive rights to occupy a particular portion
of the public right-of- way. Weather, emergency incidents, or other
projects and special events might require rescheduling of activities. The
City will attempt to identify all known potential conflicts so they can
be resolved cooperatively among those involved. Questions shall go to:
City of Glendale
Solicitation Number:
RFP 23-19 / 42300026
VACTOR SERVICES
CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301
8
i.
Gregory Wheeler - (623) 930-2950, or email
gwheeler@glendaleaz.com
ii.
Randolph Moreno - (623) 930-2764, or email
rmoreno1@glendaleaz.com
3.10 PROTECTION OF THE PUBLIC AND DAMAGES TO EXISTING STRUCTURES
Contractor shall:
A.
Exercise due care to minimize any damage to fences, trees, shrubs,
landscaping, and general property.
B.
Exercise caution at all times for the protection of people and property.
All fines, penalties and/or repair charges resulting from the Contractor's
actions shall be the sole responsibility of the Contractor at no cost to
the City of Glendale.
C
Provide notification to the City of Glendale Representative of any
damage immediately.
D.
Shall not allow the placing or use of equipment to block vehicle traffic
lanes or create safety hazards.
E.
Be responsible for all appropriate warning devices.
3.11 EMERGENCY TWENTY-FOUR HOUR SERVICE
Emergency twenty-four (24) hour service is to be provided by Contractor at no
additional cost. The Contractor shall provide an emergency contact person, with
phone number, who is authorized to release material to the City during non-
business hours, in the event of an emergency repair requirement. Any changes in
contacts must be promptly submitted to the City.
3.12 MISCELLANEOUS FEES
Additional charges for fuel surcharges, delivery charges, dealer prep,
environmental fees, waste fees, shop supplies, freight and/or shipping and
handling and other miscellaneous charges will not be paid; these charges must
be included in the solicitation submittal price.
Invoices will be processed for the submitted prices only. Labor rates (Shop and
On-Site) shall be charged as a flat hourly rate. Travel hours, Contractor(s)
equipment, licensing, permits, overhead, environmental disposal, and any other
incidental fees will not be permitted under this agreement. Labor time/period will
be from “check in” and “check out” at either Contractor or City facilities. City
business hours are defined as 6:00 a.m. to 5:00 p.m. (local Arizona time) during
regular business days and excluding City holidays (Non-City Business Hours: 5:01
p.m. to 5:59 a.m. non-regular business days and City Holidays). Contractor(s)
should take these into consideration when preparing their bid response.
3.13
INVOICE AND PAYMENT (INVOICE AUTHORIZATION)
The City of Glendale Representative and Contractor will agree upon work requested
and clarify any questions and concerns prior to work starting. When the work is
City of Glendale
Solicitation Number:
RFP 23-19 / 42300026
VACTOR SERVICES
CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301
9
completed, a City of Glendale employee will inspect the Contractor's work. The
City of Glendale will provide an Invoice authorization for each project/job
satisfactorily completed by the Contractor at the completion of each work
assignment.
The Contractor will submit an invoice to the City of Glendale Water Services
Department at WSDFINANCE@GLENDALEAZ.COM for completed work. The
City of Glendale will require the Contractor to provide an invoice that reflects
the date of service, location of service provide, quantities and dollar amount
provided to the Contractor by the City of Glendale Representative. City of
Glendale Representative will compare invoice authorization to Contractor
invoice and approve payment for work authorized.
4.0
HOW WE CHOOSE
4.1
SCORING RESPONSES:
The evaluation criteria are weighted in accordance with the Submission
Requirements. Your response will be rated as follows:
•
40% Experience and Qualifications
•
40% Method of Approach
•
20% Cost
4.2
TYPE OF AWARD: The City reserves the right to make multiple awards or to award
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.
4.3
LENGTH OF CONTRACT: The City will award for an initial two (2) year with three
(3) additional one-year renewal options.
4.4
EVALUATION PANEL: Submittals will be evaluated by a panel based on the stated
criteria and are responsible for selecting the proposal that is most advantageous
to the City.
4.5
PANEL CONTACT: Offerors shall have no exclusive meetings, conversations or
communications with an individual evaluation panel member on any aspect of the
RFP, after submittal.
4.6
INTERVIEWS: City may ask some or all Offerors to participate in an interview at
any point during the evaluation process but is not required to do so. Information
gathered in an interview will be used by the panel to make a selection. Offeror is
responsible for any costs incurred to participate in an interview.
4.7
ADDITIONAL INVESTIGATIONS: City may conduct additional investigations
needed to determine the competence or financial stability of any Offeror.
City of Glendale
Solicitation Number:
RFP 23-19 / 42300026
VACTOR SERVICES
CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301
10
4.8
BEST AND FINAL OFFERS: City may request best and final offers and will
determine the scope and subject of any best and final request.
4.9
PROPOSAL EVALUATION: City reserves the right to secure additional information
from the Offeror in various forms and to award based on submitted information.
4.10 NOTICE OF INTENT TO AWARD AND PROTEST PERIOD: Information about the
recommended award for this solicitation will be posted here and will be available
immediately after the City has completed its evaluation process. Questions
regarding the notice of intent to award must be directed to the listed Procurement
Officer immediately. Any protest must be submitted to the Procurement
Administrator no later than seven (7) calendar days from the date of posting on
the Internet. Information and instructions on how to file a protest can be found
here.
4.11 WITHDRAWAL OF PROPOSAL: Offeror may withdraw a submitted proposal at any
time prior to the specified solicitation due date and time through the City’s online
bidding system. Withdrawals must be made by the Offeror or designated
representative listed on the proposal. Telephonic or oral withdrawals cannot be
accepted.
4.12 OFFER ERRORS OMISSIONS AND CORRECTIONS: City will not be responsible
for any offeror errors or omissions. Any corrections shall be submitted through
the City’s online bidding system prior to due date and time of the RFP. No
corrections will be permitted after the offers have been opened.
4.13 COMPETITIVE NEGOTIATIONS: City may negotiate with multiple Offerors at the
same time. Negotiations may result in changing the conditions, terms, or price
of the proposed contract for the benefit of the City unless prohibited herein. All
Offerors shall be treated fairly and equally while conducting negotiations and the
City is prohibited from disclosing any information submitted by competing
Offerors. Entering into negotiations does not constitute a contract award or confer
any rights to Offerors. The City may formally terminate negotiations and enter
into concurrent or exclusive negotiations with the next most qualified Offeror/s if
it is in the City’s best interest to do so.
4.14 NO CONTACT, NO INFLUENCE DURING THE RFP PROCESS: City is conducting
a competitive RFP process for the contract, free from improper influence or
lobbying. There shall be no contact concerning this RFP from Offerors submitting
a Proposal with any member of the City Council, RFP Evaluation Committee
Members, or anyone connected with the process for or on behalf of the City.
Contact includes direct or indirect contact by the Offeror, its employees,
attorneys, lobbyists, surrogates, etc. in an attempt to influence the RFP process.
City of Glendale
Solicitation Number:
RFP 23-19 / 42300026
VACTOR SERVICES
CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301
11
From the time the RFP is issued until the expiration of the protest period or the
resolution of any protest, whichever is later (the “Silent”), Offerors, directly or
indirectly through others, are restricted from attempting to influence in any
manner the decision making process through, including but not limited to, the
use of paid media; contacting or lobbying the City Council or City Manager or any
other City employee (other than Material Management employees); the use of any
media for the purpose of influencing the outcome; or in any other way that could
be construed to influence any part of the decision-making process about this RFP.
This provision shall not prohibit an Offeror from petitioning an elected official or
engaging in any other protected first amendment activity after the protest period
has run or any protest has been resolved, whichever is later.
Violation of this provision will cause the proposal or offer of the Offeror to be found
in violation and to be rejected.
4.15 PROPRIETARY INFORMATION Offeror shall clearly mark any proprietary
information contained in its bid with the words “Proprietary Information.” Offeror
shall not mark any Solicitation Form as proprietary. Pricing data shall not be
considered proprietary. Marking all, or nearly all, of a bid as proprietary may
result in rejection of the bid.
Offerors acknowledge that the City is required by law to make certain records
available for public inspection. In the event that the City receives a request for
disclosure of Proprietary Information by any person, court, agency or
administrative body, or otherwise has a reasonable belief that it is obligated to
disclose the Proprietary Information to any such person or authority, the City will
provide Offeror with prompt written notice so that Offeror may seek a protective
order or other appropriate remedy. The Offeror, by submission of materials
marked Proprietary Information, acknowledges and agrees that the City will have
no obligation to advocate for non-disclosure in any forum or any liability to the
Offeror in the event that the City must legally disclose the Proprietary Information.
5.0
SUBMISSION CHECKLIST
This section provides an overview of the submission instructions including a checklist to
aid in the submission of complete proposals. Offerors shall complete the fillable
“RESPONSE WORKBOOK” attachment and submit and “PRICING/COST WORKBOOK” as
parts of their proposal.
Vendors are strongly advised to read this section in its entirety and complete the
checklist to avoid disqualification. Please note that the City will NOT be able to consider
proposals that are submitted late or that do not follow these guidelines.
The Offeror shall bear all costs associated with submitting the proposal, including
proposal preparation, site visitation or any travel connected with submission of the
proposal. The City shall have no liability whatsoever for such costs.
City of Glendale
Solicitation Number:
RFP 23-19 / 42300026
VACTOR SERVICES
CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301
12
Checklist for Submitting Proposal
Complete
(✓)
Submission Requirements
COMPLETED RESPONSE WORKBOOK
Cover Sheet
Offeror Sheet
REQUIRED RESPONSES
Experience and Qualifications (40%) – five (5) questions
Method of Approach (40%) – three (3) questions
Cost (20%) – one (1) completed pricing workbook*
*Must be submitted in a separate electronic file
COMPLETED PRICING WORKBOOK (as referenced above)
ADDENDUM RESPONSES (if applicable)
Return of Offer
•
Electronic copies of all "SUBMISSION REQUIREMENTS” listed above.
Pricing Workbook must be submitted separately from the rest of the
proposal.
6.0
SUBMISSION REQUIREMENTS
The proposal is every element of your response to this RFP. For this proposal, you must
provide a completed OFFER SHEET in addition to answering the questions identified in
the REQUIRED RESPONSES (see Response Workbook).
Responses must be numbered to correspond to the question numbers to aid in the
evaluation process; failure to do so may result in disqualification.
Should your offer contain any PROPRIETARY INFORMATION you must clearly mark that
information with the words “Proprietary Information.” Only information contained in your
response questions may be marked as such, information on the OFFER SHEET or
PRICING SHEET (if applicable) are not considered proprietary.
Offerors acknowledge that the City is required by law to make certain records available
for public inspection. By submitting any materials marked as Proprietary Information,
Offeror acknowledges and agrees that the City will have no obligation to advocate for
non-disclosure in any forum or any liability to the Offeror if the City must legally disclose
the Proprietary Information.
Helpful Hints:
City of Glendale
Solicitation Number:
RFP 23-19 / 42300026
VACTOR SERVICES
CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301
13
•
Answer each question completely, your answers will be the only basis on which
your proposal is scored.
•
Do not unnecessarily elaborate, keep your response complete and effective.
•
Do not provide general answers or reference to sales literature.
•
Only when applicable attach and reference supporting documents.
City of Glendale
Solicitation Number:
RFP 23-19 / 42300026
VACTOR SERVICES
CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301
14
EXHIBIT 1: SPECIAL NOTICES
By signing on the Offer/Bid page, solicitation Amendment(s), or cover letter accompanying the
submittal documents, Offerors are certifying that they understand the following notices and agree to
comply with all required terms and conditions.
1.
RETURN OF OFFER The Offeror shall submit the required proposal responses
electronically in Vendor Self Service (VSS).
Offeror is required to register in VSS prior to submitting a proposal if they have not
already registered. https://glendaleazvendors.munisselfservice.com/Vendors/default.aspx
Guide to Register as a new vendor:
https://www.glendaleaz.com/your_government/city_finances/procurement/vendor_self
_service___v_s_s_ (There is a PDF document “Vendor Registration Instructions” at the
bottom of page.)
a.
The Offeror shall complete all sections of the solicitation in the format given and
the spaces provided. Proposals that do not conform to the above format may be
rejected.
b.
The Offeror shall bear all costs associated with submitting the proposal,
including proposal preparation, site visitation or any travel connected with
submission of the proposal. The City shall have no liability whatsoever for such
costs.
2.
PRE-OFFER CONFERENCE & SITE VISITS
A Pre-Offer meeting will be held on December 13, 2018, 1:30 PM, Arizona Time,
located at 5850 W. Glendale Avenue, Room 3A, Glendale, AZ 85301. Attendance is
not required. Copies of the Request for Proposal (RFP) will NOT be available.
The purpose of the conference will be to clarify the contents of the solicitation to prevent
any misunderstanding of the City of Glendale’s position. Any doubt as to the
requirements of the solicitation or any apparent omission or discrepancy should be
presented to the City at the conference. The City will determine the appropriate action
necessary, if any, and issue a written amendment to the solicitation if required. Oral
statements or instructions will not constitute an amendment to the solicitation.
3.
NO CONTACT, NO INFLUENCE DURING THE RFP PROCESS
The City is conducting a competitive RFP process for the contract, free from improper
influence or lobbying. There shall be no contact concerning this RFP from Offerors
submitting a Proposal with any member of the City Council, RFP Evaluation Committee
Members, or anyone connected with the process for or on behalf of the City. Contact
includes direct or indirect contact by the Offeror, its employees, attorneys, lobbyists,
surrogates, etc. in an attempt to influence the RFP process.
From the time the RFP is issued until the expiration of the protest period or the resolution of any
protest, whichever is later (the “Silent Period”), Offerors, directly or indirectly through others, are
restricted from attempting to influence in any manner the decision making process through,
including but not limited to, the use of paid media; contacting or lobbying the City Council or City
Manager or any other City employee (other than Procurement employees); the use of any media
for the purpose of influencing the outcome; or in any other way that could be construed to
City of Glendale
Solicitation Number:
RFP 23-19 / 42300026
VACTOR SERVICES
CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301
15
influence any part of the decision-making process about this RFP. This provision shall not prohibit
an Offeror from petitioning an elected official or engaging in any other protected first amendment
activity after the protest period has run or any protest has been resolved, whichever is later.
Violation of this provision will cause the proposal or offer of the Offeror to be found in violation
and to be rejected.
4.
CONFLICT OF INTEREST Contractor shall disclose the following: 1) the name(s) and
position(s) of each Contractor’s employee or subcontractor that participated in the
preparation of the submittal or who will be involved, directly or indirectly, with performing
the contract, if awarded; 2) the name(s) of any City of Glendale employee who is a relative
of persons identified pursuant to No. 1; 3) the name(s) and position(s) of Contractor’s
personnel that have a financial or proprietary interest in the contract; 4) the name(s) of
any City of Glendale employee who is a relative of persons identified pursuant to No. 3.
Providing such disclosure will not necessarily disqualify a Contractor. Failure to disclose the
requested information or any potential conflict of interest pursuant to A.R.S. § 38-511 et seq. may
result in rejection of the proposal or bid or any contract being void or terminated.
For purposes of this provision, the following definitions apply:
“Employee” means all persons who are employed on a full-time, part-time or contract basis by
the City of Glendale.
“Relative” means the spouse, child, child’s child, parent, grandparent, brother or sister of the
whole or half blood and their spouses and the parent, brother, sister or child of a spouse.
5.
INQUIRIES Any question related to the Request for Proposal shall be directed to the
Procurement Officer whose name appears above. An Offeror shall not contact or ask
questions of the department for whom the requirement is being procured. The
Procurement Officer may require any and all questions be submitted in writing. Offerors
are encouraged to submit written questions via electronic mail or facsimile, no later than
FIVE days prior to the proposal due date. Any correspondence related to a solicitation
should refer to the appropriate Request for Proposal number, page and paragraph
number. An envelope containing questions should be identified as such; otherwise, it
may not be opened until after the official proposal due date and time. Oral interpretations
or clarifications will be without legal effect. Only questions answered by a formal written
addendum to the Request for Proposal will be binding.
6.
SPECIAL TERMS AND CONDITIONS Additional terms and conditions specific to the
provision of the services referenced will be negotiated with the successful bidder for
inclusion in the contract.
7.
PUBLIC RECORD REQUIREMENTS Offeror acknowledges that the City is a public agency
and must comply with all Public Records laws and proposals submitted become the
property of the City and are subject to public disclosure requirements in accordance with
Arizona Public Records Law. Any portion of the proposal that the offeror deems
confidential or proprietary must be clearly labeled as such. Labeling material does not
automatically preclude the material from public disclosure, as the City is required to
make an appropriate determination as to the confidentiality of the material in accordance
with Arizona Public Records Law. It is the offeror’s sole responsibility and cost to take
City of Glendale
Solicitation Number:
RFP 23-19 / 42300026
VACTOR SERVICES
CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301
16
action, including legal actions, to protect such material. Price is not confidential and will
not be withheld
8.
PERMITS AND LICENSES It is the offeror’s sole responsibility to determine and secure
any and all licenses and permits the contractor needs to operate the facility, from any
regulatory body having jurisdiction related to the services being provided. Such costs
are the exclusive responsibility of the operator, operator must also ensure appropriate
licensing of any sub-contractors, operator shall notify the City in writing within two (2)
working days of any suspension, revocation or renewal.
9.
NO COLLUSION OR ANTI-COMPETITIVE PRACTICES The submission of the offer did
not involve collusion, and without any agreement, understanding or planned common
course of action with, any other vendor of materials, supplies, equipment or services
described in the invitation to bid, designed to limit independent bidding or competition
or other anti-competitive practices.
10.
NON-DISCRIMINATION Contractor agrees not to 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 by bound to the same requirements as stated within this section.
Contractor, and on behalf of any subcontractors, warrants compliance with this section.
11.
NO CONSIDERATIONS The Contractor has not given, offered to give, nor intends to give
at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity,
special discount, trip, favor, meal or service to a public servant in connection with the
submitted offer.
12.
AUTHORIZED AGENT The individual signing the submittal is an authorized agent and
has the authority to bind the Offeror to the proposal and subsequent contract if awarded.
13.
KEY PERSONNEL If awarded, Offeror shall assign a specific individual as the key point
of contact for the management of the contract, subject to specific notification
requirements to be included in the final contract.
14.
SITE INSPECTION It is the responsibility of the Offeror to become familiar with any
conditions which may affect the performance and cost of providing the service and this
submission will serve as evidence that the Offeror did, in fact, make a site inspection and
is aware of all conditions.
City of Glendale
Solicitation Number:
RFP 23-19 / 42300026
VACTOR SERVICES
CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301
17
EXHIBIT 2: RFP SPECIAL TERMS AND CONDITIONS
By signing on the Offer/Bid page, solicitation Amendment(s), or cover letter accompanying the
submittal documents, Offerors 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 Request for Proposal:
https://www.glendaleaz.com/common/pages/DisplayFile.aspx?itemId=18075866
Standard Terms and Conditions – Revised 10/13/2021
1.
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 offeror is not in the City's best interest, "all or none" offers shall be rejected.
2.
ALTERNATE OFFERS Offers 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 offer. If no exceptions are taken, City
will expect and require complete compliance with the specifications and all Conditions
of Purchase.
3.
EFFECTIVE PERIOD OF OFFER Offers shall be valid for a minimum of 120 days following
the deadline for submitting offers. If an award is not made during that period, all offers
shall be automatically extended for another 120 days. Offers will be automatically
renewed until such time as either an award is made, or proper Notice is given to the
Procurement Officer of Offeror’s intent to withdraw its offer. Offers may only be
withdrawn by submitting Notice at least 15 days before the expiration of the then current
120-day period.
4.
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.
5.
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.
6.
OFFER ERRORS, OMISSIONS AND CORRECTIONS The City will not be responsible for
any offer errors or omissions. All prices and notations shall be written in ink or typed.
Changes or corrections made on the offer form must be initialed in ink by the individual
signing the offer. No corrections will be permitted after the offers have been opened.
7.
BRAND NAME REFERENCES AND TECHNICAL SPECIFICATIONS Brand names or
manufacturer's references shall be construed as a quality or performance level and does
not indicate the item cited is mandatory. Technical specifications define the acceptable
standard.
City of Glendale
Solicitation Number:
RFP 23-19 / 42300026
VACTOR SERVICES
CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301
18
8.
RESTRICTIVE OFFER PROVISIONS If specifications preclude an otherwise qualified
offeror from submitting an offer, a written request for modification must be received by
the Buyer at least seven (7) calendar days prior to the proposal due date. All offerors will
be notified by a written addendum to the solicitation of any approved changes.
9.
DEFAULT In case of default by the Offeror, 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 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.
10.
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.
11.
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.
12.
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 a Safety Data Sheets (SDS) covering those particular products the
contractor may expose City employees or the general public to while working at the site.
13.
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
City of Glendale
Solicitation Number:
RFP 23-19 / 42300026
VACTOR SERVICES
CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301
19
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.
14.
RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS The offeror'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.
15.
RESPONSIBILITY FOR CORRECTION It is agreed that the offeror shall be fully
responsible for making any correction, replacement, or modification necessary for
specification or legal compliance. In the event of a call back, Offeror agrees to give the
City first priority. Offeror 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 offeror further agrees to be fully responsible for any consequential damages suffered
by the City.
16.
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, if a
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 offeror 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.
17.
REJECTION OF OFFERS The City reserves the right to reject any or all offers, or any part
thereof; to accept any offer or any part thereof; or to waive any informalities when it is
deemed to be in the City's best interest.
18.
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.
19.
TAX EXEMPTION The City is exempt from paying Federal Excise Taxes and will furnish
an exemption certificate upon request.
20.
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.
21.
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)
City of Glendale
Solicitation Number:
RFP 23-19 / 42300026
VACTOR SERVICES
CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301
20
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.
22.
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 offer 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.
23.
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.
24.
PROTEST OF AWARD Any person who has an objection to the awarding of a solicitation
by the City, pursuant to competitive solicitation 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 purchase procedure. The protest must be submitted
no later than seven (7) calendar days after the notice of intent to award is posted on
the City's
Procurement
Internet
home
page
at
https://www.glendaleaz.com/your_government/city_finances/procurement/notice_of_intent_to
_award. Untimely protests will not be considered.
25.
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.
26.
ASSIGNMENT Neither an order nor monies due thereunder shall be assigned in whole or
in part without the City's prior written consent.
27.
ADDENDA Any change to the proposal will be in the form of a numbered addendum
issued by the Procurement Division. The addendum will be furnished to all who received
the proposal. 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
proposal. The City will not be responsible for offerors adjusting their offer based on oral
or written instructions.
City of Glendale
Solicitation Number:
RFP 23-19 / 42300026
VACTOR SERVICES
CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301
21
28.
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).
29.
OFFER IDENTIFICATION The City is not responsible for the pre-opening of, post-opening
of, or the failure to open, an offer not properly addressed or identified.
30.
OFFER TABULATION An electronic copy of the scoring may be requested by e-mailing
the Procurement office at procurement@glendaleaz.com and referencing the proposal
title and number. The information will be available for distribution when the City has
completed its evaluation process of the offers received.
31.
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.
32.
OSHA GUIDELINES The contractor shall be familiar with and operate within the
guidelines set forth by the Occupational Safety and Health Act.
33.
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 RFP. 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 purchase and use of goods supplied by the seller. It is expressly agreed by seller,
that these covenants are irrevocable and perpetual.
34.
VENDOR PERFORMANCE Prior offeror performance in regard to product, service, or
representation of/from the offeror may be used in evaluation of this offer. Unsatisfactory
performance to the City may be considered sufficient grounds for rejection of this offer.
No offer will be awarded to any offeror who is in default on any contract with the City.
35.
PERFORMANCE SURETY REQUIREMENTS The performance sureties shall be in the
form of a bond, cashier's check, certified check or money order. Personal or company
checks are not acceptable unless certified. Letters of credit are not acceptable.
Individual sureties are not acceptable.
PERFORMANCE SURETY The successful proposer shall, at the time of entering
into the contract, furnish a performance surety in the form of a bond, money order or
certified or cashier's check, in the amount of 10 percent of the contract amount
guaranteeing the faithful performance of the contract by the proposer.
City of Glendale
Solicitation Number:
RFP 23-19 / 42300026
VACTOR SERVICES
CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301
22
If a bond is submitted, it shall be written on the form provided by the City as an
attachment to the proposal documents. The attorney-in-fact who executes the bond
on behalf of the surety shall affix to the bond a certified and current copy of the
power of attorney. The bond must be written by a surety with a Best Rating no less
than an A and must be authorized and licensed to do business in this State by the
Arizona Department of Insurance. Individual sureties and letters of credit are not
acceptable.
36.
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.
37.
NOTIFICATION OF AWARD The successful offeror(s) will be notified that their offer has
been accepted by the City Council as recommended for award.
38.
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.
39.
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
40.
PROHIBITIONS - Contractor, and on behalf any subcontractor, certifies, to the extent
applicable under A.R.S. §§ 35-391 et seq and 35-393 et seq, that neither has "scrutinized"
business operations, as defined in the proceeding statutes, in the countries of Sudan or
Iran.
41.
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
City of Glendale
Solicitation Number:
RFP 23-19 / 42300026
VACTOR SERVICES
CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301
23
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.
42.
CONTRACT ADMINISTRATOR The staff member identified as the Contract Administrator
for a solicitation serves as the liaison between Procurement, the city and the successful
contractor. The Contract Administrator manages the contract, overseeing the daily
operations, scheduling, performance and compliance of the agreement by all
parties. The Contract Administrator is responsible for:
a.
Establishing and maintaining records and documentation
b.
Monitoring the contractor’s performance
c.
Handling issues and disputes
d.
Exercising extension options
e.
Initiating contract modifications
f.
Initiating rebids or new solicitations
43.
FORCE MAJEURE
a.
Except for payment of sums due, neither party shall be liable to the other
nor deemed in default under this contract if and to the extent that such
party’s performance of this Contract is prevented by reason of force
majeure. The term “force majeure” means an occurrence that is beyond
the control of the part affected and occurs without its fault or
negligence. Without limiting the foregoing, force majeure includes acts of
God; acts of the public enemy; war; riots; strikes; mobilization; labor
disputes; civil disorders, fire; flood; lockouts; injunctions-interventions-
acts; or failures or refusals to act by government authority; and other
similar occurrences beyond the control of the party declaring force majeure
which such party is unable to prevent by exercising reasonable diligence.
b.
Force majeure shall not include the following circumstances:
i.
Late delivery of equipment or materials caused by congestion at a
manufacturer’s plant or elsewhere, or an oversold condition of the
market.
City of Glendale
Solicitation Number:
RFP 23-19 / 42300026
VACTOR SERVICES
CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301
24
ii.
Late performance by a subcontractor unless the delay arises out of
a force majeure occurrence in accordance with this force majeure
term and condition; or
iii.
Inability of either the Contractor or any subcontractor to acquire or
maintain any required insurance, bonds, licenses or permits.
City of Glendale
Solicitation Number:
RFP 23-19 / 42300026
VACTOR SERVICES
CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301
25
EXHIBIT 3: INSURANCE REQUIREMENTS
By signing on the Offer/Bid page, solicitation Amendment(s), or cover letter accompanying the submittal
documents, Offerors are certifying that they understand the following notices and agree to comply with
all required terms and conditions.
1) INSURANCE REQUIREMENTS. Offeror shall procure and maintain until all their obligations
have been discharged, insurance against claims for injury to persons or damage to property
that may arise from or in connection with this Solicitation. The insurance requirements herein
are minimum requirements for this Solicitation and in no way limit the indemnity covenants
contained herein. The City of Glendale in no way warrants that the minimum limits contained
herein is sufficient to protect the OFFEROR from liabilities that might arise. OFFEROR is
free to purchase such additional insurance as OFFEROR determines necessary.
a) Minimum Scope and Limits of Insurance: OFFEROR shall provide coverage with limits of
liability not less than those stated below.
i) Commercial General Liability – Occurrence Form
Policy shall include bodily injury, property damage, personal and advertising injury and broad
form contractual liability coverage.
General Aggregate
$2,000,000
Products – Completed Operations Aggregate
$1,000,000
Personal and Advertising Injury
$1,000,000
Each Occurrence
$1,000,000
(1) The policy shall be endorsed to include the following additional insured
language: “The City of Glendale, and its departments, officers, officials, agents,
employees and volunteers shall be named as additional insureds with respect
to liability arising out of the solicitation. Such additional insured shall be
covered to the full limits of liability purchased by the OFFEROR, even if those limits
of liability are in excess of those required herein.
(2) Policy shall contain a waiver of subrogation endorsement in favor of the “City of
Glendale, and its departments, officers, officials, agents, employees and
volunteers”. This provision applies regardless of whether or not the City of
Glendale has received a waiver of subrogation endorsement from the insurer.
ii) Business Automobile Liability – (if driving is not a part of the scope of work,
excluding driving from the place of business and to the City departments, this
coverage can be eliminated.)
Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in
the performance of this Agreement. Combined Single Limit (CSL) $1,000,000.
(1) The policy shall be endorsed to include the following additional insured
language: “The City of Glendale, and its departments, officers, officials, agents,
employees and volunteers shall be named as additional insureds with respect to
liability arising out of the activities performed by or on behalf of the OFFEROR,
involving automobiles owned, Licensed, hired or borrowed by the OFFEROR." Such
City of Glendale
Solicitation Number:
RFP 23-19 / 42300026
VACTOR SERVICES
CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301
26
additional insured shall be covered to the full limits of liability purchased by the
OFFEROR, even if those limits of liability are in excess of those required by this
License.
(2) Policy shall contain a waiver of subrogation endorsement in favor of the “City of
Glendale, and its departments, officers, officials, agents, employees and
volunteers” for losses arising from work performed by or on behalf of the
OFFEROR. This provision applies regardless of whether or not the City of Glendale
has received a waiver of subrogation endorsement from the insurer.
iii) Worker's Compensation and Employers' Liability
Workers' Compensation Statutory
Employers' Liability
Each Accident $1,000,000
Disease – Each Employee
$1,000,000
Disease – Policy Limit $1,000,000
(1) Policy shall contain a waiver of subrogation endorsement in favor of the “City of
Glendale, and its departments, officers, officials, agents, employees and
volunteers” for losses arising from OFFEROR activities. This provision applies
regardless of whether or not the City of Glendale has received a waiver of
subrogation endorsement from the insurer.
iv) Additional Insurance Requirements: The policies shall include, or be endorsed to
include, the following provisions:
(1) Policies shall stipulate that the insurance afforded by the organization shall be
primary insurance and that any insurance carried by the City of Glendale shall be
excess and not contributory insurance.
(2) Coverage provided by the organization shall not be limited to the liability assumed
under the indemnification provisions of the license or contract.
(3) If the Vendor maintains broader coverage and/or higher limits than the minimum
shown, the City requires and shall be entitled to the broader coverage and/or the
higher limits maintained by the Vendor. Any available insurance proceeds in
excess of the specified minimum of insurance and coverage shall be available to
the City.
(4) Vendor shall require and verify that all subcontractors (subconsultants) maintain
insurance meeting all the requirements stated herein, and Vendor shall ensure
that City is an additional insured on insurance required from subcontractors
(subconsultants).
(5) If the Vendor is awarded the solicitation, the Vendor shall furnish the City with
original Certificates of Insurance including all required amendatory endorsements
before the work begins. However, failure to obtain the required documents prior
to the work beginning shall not waive the Vendor’s obligation to provide them.
The City reserves the right to require complete, certified copies of all required
insurance policies including endorsements required by these specifications, at
any time.
EXHIBIT B
VACTOR SERVICES
COMPENSATION
METHOD AND AMOUNT OF COMPENSATION
Method and amount of compensation will be based on RFP 23-19.
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 $1,500,000.
DETAILED PROJECT COMPENSATION
See attached Pricing Workbook.
•
Pricing Workbook
The Unit Price shall include, labor, equipment, tools, materials, supplies, licenses,
fees, insurance, profit. Any direct or indirect costs such as charges for fuel
surcharges, delivery charges, dealer prep, environmental fees, waste fees, shop
supplies, freight and/or shipping and handling and other miscellaneous charges
will not be paid; these charges must be included in the solicitation submittal
price.
GROUP 1
Item
No.
Description
Unit of
Measure
Unit Price
Estimated
Annual
Quantity
Extended
Price
1
Perform cleaning services
using high pressure hydro
jetting, vacuuming (Vactor)
and pumping to include
but not limited to: drywells,
wet wells, catch basins,
storm drain pipes and
tanks.
Equipment and personnel
shall include Vactor truck,
Operator and three (3)
person crew.
Hour
$ 220.00
1,000
$220,000.00
2
Extra crew member – must
be approved by the City
Hour
$ 45.00
125
$5,625.00
3
Minimum 3,000-gallon
water truck with operator
Hour
$ 110.00
20
$2,200.00
Group 1 Total
$227,825.00
GROUP 2
Item
No.
Description
Unit of
Measure
Unit Price
Estimated
Annual
Quantity
Extended
Price
4
Vacuum, remove non-
hazardous liquid, high
solids, oily water or sludge
using high pressure hydro
jetting, vacuuming (Vactor)
and pumping to include but
not limited to sumps, wet
wells, drywells, channels,
basins, pits, trenches,
clarifiers, drains, traps,
Gallon
$ .45
100,000
$ 45,000.00
basins, channels, and
underground waste tanks
and haul to legal dump site.
This includes all equipment
and personnel, personnel
protective equipment, and
any dump fees.
No extra payment will be
made for travel time.
5
Special projects authorized
by the City: Vacuum,
remove non-hazardous
liquid, high solids, oily water
or sludge using high
pressure hydro jetting,
vacuuming (Vactor) and
pumping to include but not
limited to sumps, wet wells,
drywells, channels, basins,
pits, trenches, clarifiers,
drains, traps, basins,
channels, and underground
waste tanks and haul to
legal dump site.
This includes all equipment,
Vactor truck, Operator and
two (2) man crew, personnel
protective equipment, and
any dump fees.
Hourly rate bid will be paid;
no extra payment will be
made for travel time
Hour
$ 185.00
500
$92,500.00
Item
No.
Description
Unit of
Measure
Unit Price
Estimated
Annual
Quantity
Extended
Price
6
Cost for disposal of
materials – to be used with
line # 5. Number of gallons will
depend upon the project.
Gallon
$ .25
500,000
$ 125,000.00
7
Extra crew member if
approved by City of
Glendale Representative.
our
$45.00
125
$ 5,625.00
8
Minimum 3,000-gal water
truck with operator
Hour
$ 110.00
120
$ 13,200.00
Group 2 Total $281,325.00
•
PAYMENT Contractor shall provide monthly statements of itemized services.
Payment will be reviewed and approved by the Contract Administrator or
designee. The itemized statement shall not exceed the proposal fee above.
•
TAX AMOUNT Do not include any use tax or federal tax in your proposal.
•
EMERGENCY TWENTY-FOUR HOUR SERVICE CONTACT
Name Kessler Millard
Telephone Number 623-223-3749
Alternate Name Wade Wyman
Telephone Number 623-764-5278
OFFEROR NAME: Wolverine Daylighting LLC