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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
GONZALEZ ASPHALT, INC.
THIS LINKING AGREEMENT (this “Agreement”) is entered into as of this al day of
APRiL , 2023, between the City of Glendale, an Arizona municipal corporation (the “City”), and
Gonzalez Asphalt, Inc., a(n) Arizona corporation authorized to do business in Arizona (“Contractor”),
collectively, the “Parties.”
RECITALS
On October 15, 2021 under (S.A.V.E Cooperative Purchasing Agreement, Mohave, etc.), the
City of Peoria entered into a contract with Contractor to purchase the goods and services
described in the Utility Cut - Asphalt and Concrete Patches (on-call) Contract No.
ACON28721 (“Cooperative Purchasing Agreement”), which is attached hereto as Exhibit A.
The Cooperative Purchasing Agreement permits its cooperative use by other governmental
agencies including the City.
Section 2-149 of the City’s Procurement Code permits the Materials Manager to procute goods
and services by participating with other governmental units in cooperative purchasing
agreements when the best interests of the City would be served.
Section 2-149 also provides that the Materials Manager may enter into such cooperative
agreements without meeting the formal ot informal solicitation and bid requirements of
Glendale City Code Sections 2-145 and 2-146.
The City desires to contract with Contractor for supplies or setvices identical, or nearly
identical, to the supplies or services Contractor is providing other units of government under
the Coopetative Purchasing Agreement. Contractor consents to the City’s utilization of the
Coopetative Purchasing Agreement as the basis of this Agreement, and Contractor desires to
enter into this Agreement to provide the supplies and services set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference,
and the covenants and promises contained in this Linking Agreement, the patties agree as follows:
1.
Term of Agreement. The City is purchasing supplies and/or services from Contractor
pursuant to the Cooperative Purchasing Agreement. According to the Cooperative
Purchasing Agreement, purchases can be made by governmental entities from the date of
award, which was November 1, 2021, until the date the contract expires on October 31, 2023
unless the term of the Cooperative Purchasing Agreement is extended by the mutual
agreement of the original contracting parties. The Cooperative Purchasing Agreement,
however, may not be extended beyond October 31, 2026. ‘The initial period of this Agreement,
therefore, is the petiod from the Effective Date of this Agreement until October 31, 2023.
The City may renew the term of this Agreement for three (3) years until the Cooperative
1/2/2020
Purchasing Agreement expires on October 31, 2026. Glendale renewals are not automatic and
shall only occur if the City gives the Contractor notice of its intent to renew. The City may
give the Contractor notice of its intent to renew this Agreement 30 days prior to the
anniversary of the Effective Date to effectuate such renewal.
Scope of Work: Terms, Conditions, and Specifications.
A. Contractor shall provide City the supplies and/or services identified in the Scope of
Work attached as Exhibit B.
B. Contractor agrees to comply with all the terms, conditions and specifications of the
Cooperative Purchasing Agreement. Such terms, conditions and specifications are
specifically incorporated into and are an enforceable part of this Agreement.
Compensation.
A. City shall pay Contractor compensation at the same rate and on the same schedule as
provided in the Cooperative Purchasing Agreement, which is attached hereto as
Exhibit C.
B. The total purchase price for the supplies and/or services purchased undet this
Agreement shall not exceed eight hundred fifty thousand dollars ($850,000) annually
or three million four hundred thousand dollars ($3,400,000) for the entire term of the
Agreement (initial term plus any renewals).
Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511.
Non-discrimination. 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.
Insurance Certificate. A certificate of insurance applying to this Agreement must be provided
to the City prior to the Effective Date.
E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the
requirements of A.R.S. § 41-4401.
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 agtee for the duration of the
Agreement to not engage in, a boycott of goods ot services from Israel, as that term is defined
in A.R.S § 35-393.
4/29/2021
9. 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.
10. Notices. Any notices that must be provided under this Agreement shall be sent to the Parties’
tespective authorized representatives at the address listed below:
City of Glendale
c/o Gene Haranczak, CIP / Engineering Project Managet
City of Glendale Engineering Department
5850 W. Glendale Avenue, Suite 315
Glendale, Arizona 85301
And
Gonzalez Asphalt, Inc.
Tony Rose
3001 W. Lincoln Street
Phoenix, Arizona 85009
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
set forth above.
“City” “Contractor”
City of Glendale, an Arizona Gonzalez Asphalt, Inc.,
municipal corporation an Arizona corporation
TF
By: _ — By: = i, og wl C. 7
Kevin R. Phelps Name: Tony Rose
City Manager Title: Estimator/Project Manager
ATTEST:
Julie K. Bower (SEAL)
City Clerk
APPROVED AS TO FORM:
Michael D. Bailey
City Attorney
4/29/2021
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
Gonzalez Asphalt, Inc.
EXHIBIT A
(Utility Cuts - Asphalt and Concrete Patches (on-call) Contract ACON28721 )
4/29/2021
City of Peoria
FINANCE DEPARTMENT
MATERIALS MANAGEMENT
CONTRACT AUTHORIZATION AND SIGNATURE - COVER SHEET
(For City Use Only)
CONTRACT DETAILS
> New Contract Amendment Extension Other:
Purchasing Job Number: P22-0011 Buyer Name: Drew Ashmun
(Vendor / Contractor: Gonzalez Asphalt, inc.
Contract Purpose / Scope Description: Utility Cuts - Asphatt and Concrete Patches
Start Date: 11.01.2021 End Date: 10/31/2023 Term Contract? No Yes Final Expiration: 10/31/2026
ES a = ____ FINANCIAL DETAILS _ __
City Department: Public Works/Streets Division Department Rep: Mike Jones
Budget Account #: CIP#: UT00203/UT00438
A. This document amount: $ 0.00 - Low Bid was $621,044.50
B. Total of all previous executed
amounts for this contract:
C. Total Contract Amount:
C_. APPROVALS 7 JH
Council Approval Required?: X No Yes: Council Date:
City Manager Signature Required? X No Yes
Comments/Special Instructions: pjease return an executed copy to Materials Management. Thank you!
ur ______ ROUTING SEQUENCE __ (= 7
Materials Management: By: Chitin Sng Date: 10/13/21 17:30 MST
Risk Management: By: Date: -
City Attorney: By: Michael Dyes Date: 10/14/21 11:06 MST
City Manager: By: Date: _
| City Clerk: By: Lo Dyckman for Date: 10/14/21 12:56 MST
ACON:28721 LCON: Recordation#:
L —Eeeee
City of Peoria, Arizona
Notice of Invitation for Bid
Invitation for Bid No.: P22-0011 Bid Due Date: October 12, 2021
Capital Project No.: UT00203/UT00438 Bid Due Time: 2:00 P.M. AZ Time
Materials and/or Services: Utility Cut — Asphalt and Concrete Purchasing Agent: Drew Ashmun
Patches
Pre-Bid Date September 27, 2021
Contact Phone: (623) 773-7116 Pre-Bid Time 2:00 PM AZ Time
Contact Email: Drew.ashmun@peoriaaz.gov Pre-Bid Locaton: Virtual — Please Pre-Register at:
i id
2 S14
In accordance with Cify of Peoria Procurement Code competitive sealed bids for the material or services specified will be received by the City of Peorin Materials Management
until the date and time cited above. Bids received by the correct date and tine shall be publicly opened and the bid price read. Bids shall be in the actual possession of the
City of Peoria Materials Manegement on or prior to Ure exact date and time indicated ebove. Late bids will not be considered, except as provided in the City of Pooria
Procurement Code. Bids shall be submitted electronically vig the City’s Procurement Portal (Bonfire) or in a sealed envelope to 9875 N 8S" Ave (204 | floor), Peoria AZ
85345 with the IFB number and the bidder’s name and address clearly Indicated on the front of the envelope. Bidders are strongly encouraged to carefully reed the entire
Invitation for Bid Pacege.
OFFER
To the City of Peoria: The undersigned hereby offers and agrees to furnish materials and/or services in compliance with all terms, conditions, specifications and amendments
in the Notice of Invitation for Bid except for any written exceptions in the offer. The signature below slso certifies his or her understanding and compliance with paragraph
one of The City of Pebria Standard Terms and Conditions (COP Form 202).
For clarification of ais offer contact: Telephone: é C > &. 3/ Ys Ys Fax:
Name: Tuy, le osé Email: Tiny. Pst Mqanzale2 Asoth
Goniplez |AspHalt Ewe Zorg re
i Company Name Authorized Signature for Offer
300/ W, iL Wes! / PHoé mY. Tony Rosk
i Address Printed Name
DP Hoe mw. A2 005 ESA Arh \ pm
City State Zp Title
| ACCEPTANCE OF OFFER AND CONTRACT AWARD (For City of Peoria Use Only)
Your offer is herebyiaccepted. The Contractor is now bound to sell the materials and/or services listed by the attached award notice based upon the solicitation,
including all terms conditions, specifications, amendments, ¢tc., and the Contractor's offer as accepted by the City. The Contractor is hereby cautioned not to
commence any billable work or provide any material, service or construction under this contract until Contractor receives an executed Purchase Order.
Attested by: | City of Peoria, Arizona Effective Date: 10/15/21
I
Low Dyckman fou Approved as to form:
Rhonda Geriminsky, City Clerk -
! Vanessa P. Hickman, bey Attomey
oO s
Ft. CoA
ACON28721 Contract Awarded Date: 10/14/21
Contract Number
Official File Christine Finney, Materials Manager
Reviosit uz021)CF Page | of 32
SOLICITATION AMENDMENT
Solicitation Number: P22-0011 Page 1 of 4
Description/Service: Utility Cuts - Asphalt and Concrete Patches
Solicitation Due Date: October 12, 2021
Solicitation Due Time: 2:00 PM (AZ Time)
Amendment Number: One (1) Issue Date: 09.29.2021
Materials Management
Procurement
9875 N. 85% Ave., 2 FI,
Peoria, AZ 85345
Phone: (623) 773-7115
Fax: (623) 773-7118
A signed copy of this Amendment shall be submitted with the vendor's bid/proposal
This solicitation is amended as follows:
The following revisions have been made on the Bid Table in Bonfire:
All other provisions of this Solicitation shall remain in their entirety.
Vendor hereby acknowledges receipt and agreement with the amendment
Signature *
Lins bat apes!
Printed Nama
Tory oeSé fof) por!
Title
Cottales Aspibe) Ere
Company Name
1. Item #3-17 Quality Control is now an allowance - Please enter $500.00 for this line item
2. Item #3-20 Water Permit has been added is an allowance - Please enter $1,000.00 for this line item
3. Item #3-20 After Hour Plant Open Charge for Emergency Repair Needs has been added and is an
allowance - Please enter $2,000.00 for this line item
4. Item #3-19 Minimum Charge Per Location — The quantity has been changed to 1
Copyright 2003 Of Peoria, Arizona
08 So OP (1212n9\CF
SOLICITATION AMENDMENT
Materials Man:
Solicitation Number: 22-0011 Page 1 of 1 Procuremog
Descriptlon/Service: Utility Cuts - Asphalt and Concrete Patches 9875 N. 85" Ave,, 24 Fi,
Solicitation Due Date: October 12, 2021 Phone, (S25) Prats
Solicitation Due Time: 2:00 PM (AZ Time) Fax: (623) 773-7118
Amendment Number: Two (2) Issue Date: 10.05.2021
A signed copy of this Amendment shail be submitted with the vendor's bid/proposal
This solicitation is amended as follows:
The following revisions have been made on the Bld Table in Bonfire:
1. The depth of the mill and overlay for Item #1-7 shall be three (3) inches
2. Item #3-22 Dust Permits has been added to the bid table and Is an allowance. Please enter $530.00
for this item.
All other provisions of this Solicitation shall remain in their entirety.
Vendor hereby acknowledges receipt and agreement with the amendment
Tory Rexe tele / do!
Signature = * Date
Tony Pose ESA nado,
Printed Name TWe
Gonta/ez AsJHalt Fr. Conn 203 cy Pas ata
Company Name
SOLICITATION AMENDMENT
= Materials Management
Solicitatlon Number: P22-0011 Page 1 of 1 Procurement
Deseription/Service: Utility Cuts - Asphalt and Concrete Patches 9875 N. 85" Ave., 2™ Fl.
Solicitation Due Date: October 12, 2021 Phonon (029) TTS TI18
Solicitation Due Time: 2:00 PM (AZ Time) Fax: (623) 773-7118
Amendment Number: Three (3) Issue Date: 10.06.2021
A signed copy of this Amendment shall be submitted with the vendor's bid/proposal
This solicitation is amended as follows:
The foltowing revisions have been made on the Bid Table in Bonfire:
1. Clarification: Regarding materials and installation. All applicable ites should assume cost of
materials and installation.
2. #1 under special instructions on the bid table has been revised to read: MINIMUM PRICE PER
SERVICE CALL: Minimum charge for each call out location shail be no less than $1500 (not
including Allowance Item number 38).
All other provisions of this Solicitation shall remain in their entirety,
Vendor hereby acknowledges receipt and agreement with the amendment
Bi Tomy ose. Le ye e/. 2Od/
ignature 8
Toy Rosé FSA mn nore
Printed Name” Tete
lowZ7aler As pHalt Eve . Copyright 2003 City of Peoria,
Arizona
COP 207 (12/1219)CF
Company Name
SOLICITATION AMENDMENT
Solicitation Number: P22-0011 Page 1 of 1
Description/Servica: Utility Cuts - Asphalt and Concrete Patches
Solicitation Due Date: October 12, 2021
Solicitation Due Time: 2:00 PM (AZ Time)
Amendment Number: Four (4) Issue Date: 10.06.2021
Materials Management
Procurement
9875 N. 85" Ave,, 2 FI,
Peoria, AZ 85345
Phone: (623) 773-7115
Fax: (623) 773-7118
This solicitation is amended as follows:
Supplier. The amount for each item remains the same.
All other provisions of this Solicitation shall remain in their entirety.
Vendor hereby acknowledges receipt and agreement with the amendment
Tony kexe Jol e [pert
Signature” ‘Bate
Towy Rose Es4.waa?oe.
Printed Name 7 Title
nw ZT ln
Company Name
A signed copy of this Amendment shall be submitted with the vendor's bid/proposal
The following revisions have been made on the Bid Table in Bonfire:
1. Items #3-8, #3-9, and #3-10 were revised to Install 1/2 Sack ABC Approved City of Phoenix
2003 Clty of Peoria,
Contant CoP aor Cainer
SOLICITATION AMENDMENT
Materials Management
Solicitation Number: P22-0011 Page 1 of 1 Procurement
Description/Service: Utility Cuts - Asphalt and Concrete Patches 9875 N. 85" Ave., 2 FI.
Solicitation Due Date: October 12, 2021 Fron te23) eri 18
Solicitation Due Time: 2:00 PM (AZ Time) Fax: (623) 773-7118
Amendment Number: Five (5) Issue Date: 10.07.2021 |
A signed copy of this Amendment shall be submitted with the vendor's bid/proposal
| This solicitation is amended as follows:
The following are clarifications and amendments to this contract:
1. As this is an on-call/as-needed term contract, sales tax should not be added to this bid. When the
winning bidder submits proposals for necessary work they will be required to use the Tax formula
located on page 22 number 32 of the special terms and conditions seen baiow.
Tax Formula: Each bidder shall use the following tax formula for construction projects within the
City of Peoria.
a. Multiply subtotal of bid (including all materials, labor, bonds, and profit) by 65%.
Example: $1,000.00 x .65 = $650.00
b. Multiply this result times the Peoria tax rate of 8.10%.
Example: $650.00 x .0810 = $52.65
for this example: $52.65 Is the applicable tax to be applied to your subtotal in order to obtain the
total cost of the bid.
2. An additional form has been requested as a part of submissions. This information will not be
used for evaluating the lowest bidder. Please see the following information:
Line items not included on the Bid Table shall be offered at Cost plus 1S %,
All other provisions of this Solicitation shall remain in their entirety.
Vendor hereby acknowledges receipt and agreement with the amendment
—
Lony RoSt. Jef i Lace!
Signature 7 Die 7
Ton Los¢ loLit Lao!
Printed Name Tittle 7
Lonzalez Aspilel F LMC
Company Name
Copyright 2003 Cy of Peodie, Arizona
CO or arianoyet
ORIGINAL SOLICITATION
City of Peoria, Arizona
Instructions to Bidders
PREPARATION OF BID:
a.
All bids shall be submitted on the forms provided in this Jnvitation to Bid package. It is permissible to copy these forms if required. Telegraphic
(facsimile), electronic or mailgram bids will nut be considered.
The Offer and Contract Award document shall be submitted with an original ink or digital signature by a person authorized to sign the offer.
Lrasures, interlineations. or othcr modifications in the bid shall be initialed in original ink by the authorized person signing the Offer.
If price is a consideration and in case of error in the extension of prices in the bid, the unit price shall govern. No bid shal) be altered, amended. or
withdrawn after the specified bid duc date and time.
Periods of time. stated as a number of days, shall be calendar days.
Bid due datc and time is stated as local Arizona time.
41 is the responsibility of all Offerors to examine the entire /nvitation For Bid package and scek clarification of any item or requirement that may not be
cleae and to check all responses for accuracy before submitting a bid. Negligence in preparing a Bid confers na right of withdrawal after bid gue date
and time,
INQUIRIES: Any question related to the fnvitation For Bid shall be directed to the Buyer whose name appears as the contact on the IFB. The Offeror shall
not contact or ask questions of the department for which the requircment is being procured, Questions should be submitted in writing when time Bermits,
The Buyer may require any and all questions be submitted in writing at the Buyer's sole discretion. An correspondence related to an /nvitation
should refer to the appropriate Zavitation For Bid number, page, and para; ic
‘or Bid
wraph number. Offeror shalt identify the envelope as containing questions since
such an envelope may be identified as a sealed bid and may not be opened until after the official fnvitation For Bid due date and time.
PROSPECTIVE OFFERORS CONFERENCE: A prospective offerors conference may be held, If scheduled, the date and time of this conference will
be indicated on the cover page of this document, The purpose of this conference will be to clarify the contents of this Jnvitation For Bid in order to prevent
any misunderstanding of tl
presented to the City at this con
c City's position. Any doubt as to the requirements of this Invitation For Bid or any apparent omission or discrepancy should be
ference. The City will then determine if any action is necessary and may issue a written amendment to the Jnvitulion For Bid.
Oral statements or instructions will not constitute an amendment to this /nvitation For Bid.
LATE BIDS: Late Bids wil} not be considered, except as provided by the City of Peoria Procurement Code. A vendor submitting a late bid shall be sa
notified.
WITHDRAWAL OF BID: At any time prior to the specified bid due date and time, a Vendor (or designated representative) may withdraw the bid.
AMENDMENT OF BID: Reccipt of a Solicitation Amendment shall be acknowledged by signing and retuming the document with the offer at the Specified
bid due date and time,
PAYMENT: The City will make every effort to proccss payment for thc purchase of construction services within fourteen (14) calendar days after an
approved pay request is received with a correct notice of amount duc, unless a good faith dispute exists as to any obligation to pay all or a portion of the
account,
VENDOR REGISTRATION: After_the award of a contract, the successful Vendor shal! complete a Vendor Registration Application and submit it to the
City of Peoria Materials Management Division,
AWARD OF CONTRACT:
Unless the Offeror states otherwise, or unless provided within this Jnvisation Kor Bid. the City reserves the right to award by individual line item, by
group of linc items, or as a tatal, whichever is determined by the Materials Manager to be most advantageous to the City.
Notwithstanding any other provision of this fuvitation For Bid, The City expressly reserves the right to:
Waive any immaterial defect or informality: or
Reject any or all bids, or ortions thereof, or
iii. Reissue a Jivitation For Bid.
A Tesponsc to a /nvitation Kor Bid is an offer to contract with the City based upon the terms, conditions and specifications contained in the City's
Invitation Fer Bid and the written amendments thereto, if any. Bids do not become contracts unless and until they are accepted and execuled by the
City Council or Materials Manager. A contract is formed when written notice of award(s) is provided to the successful Offeror(s). The contract has
its mception in the award document. eliminating a formal signing of a scparate contract. or that reason. all of the terms and conditions of the
procurement contract are contained in the Invitution For Bid; unless modified by an Amendment.
i
Row05/11/21)CF Page 2 of 32
Materials Management
Procurement
STANDARD 9875 N. 85" Ave., 2” Fl,
Peoria, Arizon: |
TERMS AND CONDITIONS Dich: 023) 7737115"
| Fax: (623) 773-7118
|
L
THE FOLLOWING TERMS AND CONDITIONS ARE AN EXPLICIT PART OF THE SOLICITATION AND ANY RESULTANT CONTRACT.
CERTIFICATION: By signature in the Offer section of the Offer and Contract Award page the Contractor certifies:
The submission of the offer did not involve collusion or other anti-competitive practices.
b. The Contractor shall not discriminate against any employee or applicant for employment.
¢. 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, or service to a public servant in connection with the submitted
offer. Failure to sign the offer, or signing it with a false statement, shall void the submitted offer or any resulting contracts,
and the vendor may be debarred.
d. The Contractor does not participate in, and agrees not to participate in during the term of any resultant contract, a boycott
of Israel in accordance with A.R.S. §35-393.01
BRIBES AND KICK-BACKS: The General Contractor shal] not by any means:
a. Induce any person or entity employed in the construction of the Project to give up any part of the compensation to which
that person or entity is entitled;
b. Confer on any governmental, public or quasi-public official having any authority or influence over the Project, any
payment, loan subscription, advance, deposit of money, services or anything of value, present or promised;
c. Offer nor accept any bribes or kick-backs in connection with the Project from or to any individual or entity, including any
of its trade contractors, subcontractors, consultants, suppliers or manufacturers of Project goods and materials; or,
d. Without the express written permission of the Owner, call for or by exclusion require or recommend the use of any
subcontractor, consultant, product, material, equipment, system, process or procedure in which the General Contractor
has a direct or indirect proprietary or other pecuniary interest.
APPLICABLE LAW: In the performance of this agreement, contractors shall abide by and conform to any and all laws of
the United States, State of Arizona and City of Peoria including but not limited to federal and state executive orders providing
for equal employment and procurement opportunities, the Federal Occupational Safety and Health Act and any other federal
or state laws applicable to this agreement.
Contractor specifically understands and acknowledges the applicability to it of the Americans with Disabilities Act, including
Section 508, the Immigration Reform and Control Act of 1986, and the Drug Free Workplace Act of 1989. In addition, if this
agreement pertains to construction, Contractor must also comply with A.R.S. § 34-301, as amended (Employment of Aliens
on Public Works Prohibited) and A.R.S. § 34-302, as amended (Residence Requirements for Employees).
Under the provisions of A.R.S. § 41-4401, Contractor hereby warrants to the City that Contractor and each of its subcontractors
(“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal inumigration laws and
regulations that relate to their employees and A.R.S. § 23-214(A) (hereinafter, “Contractor Immigration Warranty”).
A breach of the Contractor Immigration Warranty shall constitute a material breach of this agreement and shall subject
Contractor to penalties up to and including termination of this agreement at the sole discretion of the City. The City may, at
its sole discretion, conduct random verification of the employment records of Contractor and any Subcontractors to ensure
compliance with the Contractor Immigration Warranty. Contractor agrees fo assist the City in regard to any random
verifications performed.
Neither Contractor nor any Subcontractor shall be deemed to have materially breached the Contractor Immigration Warranty
if Contractor or the Subcontractor establishes that it has complied with the employment verification provisions prescribed by
§§ 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. §23-
214(A).
Rev{05i1721)CF Page 3 of 32
Materials Management
Procurement
STANDARD 9875 N. 85" Ave., 2” FI.
Peoria, Arizona 8: ~
TERMS AND CONDITIONS Pho: (623) ae 6280
| | Fax: (623) 773-7118
11.
The provisions of this Paragraph must be included in any contract Contractor enters into with any Subcontractors who provide
services under this agreement or any subcontract. “Services” is defined as furnishing labor, time or effort in the State of
Arizona by a contractor or subcontractor. Services include construction or maintenance of any structure, building or
transportation facility or improvement to real property.
Contractor warrants, for the term of this agreement and for six months thereafler, that it has fully complied with the
requirements of the Immigration Reform and Control Act of 1986 and all related or similar legal authorities.
This contract shall be governed by the City and Contractor shall have all remedies afforded each by the Uniform Commercial
Code, as adopted in the State of Arizona, except as otherwise provided in this contract or in statutes pertaining specifically to
the City. This contract shall be governed by the laws of the State of Arizona and suit pertaining to this contract may be brought
only in courts in the State of Arizona.
This contract is subject to the provisions of ARS §38-511; the City may cancel this contract without penalty or further
obligations by the City or any of its departments or agencies if any person significantly involved in initiating, negotiating,
securing, drafting or creating the contract on behalf of the City or any of its departments or agencies, is at any time while the
contract or any extension of the contract is in effect, an employee of any other party to the contract in any capacity or a
consultant to any other party of the contract with respect to the subject matter of the contract.
LEGAL REMEDIES: All claims and controversies shall be subject to resolution according to the terms of the City of Peoria
Procurement Code.
CONTRACT: The contract between the City and the Contractor shall consist of (1) the Solicitation, including instructions,
all terms and conditions, specifications, scopes of work, attachments, price sheet(s) and any amendments thereto, and (2) the
offer submitted by the Contractor in response to the solicitation. In the event of a conflict in language between the Solicitation
and the Offer, the provisions and requirements in the Solicitation shall govern. However, the City reserves the right to clarify,
in writing, any contractual terms with the concurrence of the Contractor, and such written contract shall govern in case of
conflict with the applicable requirements stated in the Solicitation or the Vendor's offer. The Solicitation shall govern in all
other matters not affected by the written contract.
CONTRACT AMENDMENTS: This contract may be modified only by a written Contract Amendment signed by persons
duly authorized to enter into contracts on behalf of the City and the Contractor.
CONTRACT APPLICABILITY: The Offeror shall substantially conform to the terms, conditions, specifications and other
requirements found within the texi of this Solicitation. All previous agreements, contracts, or other documents, which have
been executed between the Offeror and the City are not applicable to this Solicitation or any resultant contract.
PROVISIONS REQUIRED BY LAW: Each and every provision of law and any clause required by law to be in the contract |
will be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not
inserted, or is not correctly inserted, then upon the application of cither party, the contract will forthwith be physically amended |
to make such insertion or correction.
|
SEVERABILITY: The provisions of this contract are severable to the extent that any provision or application held to be |
invalid shall not affect any other provision or application of the contract which may remain in effect without the invalid
provision or application.
RELATIONSHIP TO PARTIES: I1 is clearly understood that each party will act in its individual capacity and not as an
agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or
construed to be the employee or agent of the other for any purpose whatsoever. The Contractor is advised that taxes or Social
Security payments will not be withheld from any Cily payments issued hereunder and that the Contractor should make
arrangements to directly pay such expenses, if any.
INTERPRETATION-PAROL EVIDENCE; This contract represents the entire agreement of the Parties with respect to its |
subject matter, and all previous agreements, whether oral or written, entered into prior to this contract ure hereby revoked and |
superseded by this contract. No representations, warranties, inducements or oral agreements have been made by any of the |
Parties except as expressly sct forth herein, or in any other contemporancous written agreement executed for the purposes of |
eos 21}eF Page 4 of 32
Materials Management
Procurement
STANDARD | _SS7SN. OO" Ave, 21
TERMS AND CONDITIONS eave, Arizona 8545-660
| | Fax: (623) 773-7118
12.
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carrying out the provisions of this contact. This contract may not be changed, modified or rescinded except as provided for
herein, absent a written agreement signed by both Parties. Any attempt at oral modification of this contract shall be void and
of no effect.
NO DELEGATION OR ASSIGNMENT: Contractor shall not delegate any duty under this Contract, and no right or interest
in this Contract shall be assigned by Contractor to any successor entity or third party, including but not limited to an affiliated
successor or purchaser of Contractor or its assets, without prior written permission of the City. The City, at its option, may
cancel this Contract in the event Contractor undertakes a delegation or assignment without first obtaining the City’s written
approval. Contractor agrees and acknowledges that it would not be unreasonable for the City to decline to approve a delegation
or assignment that results in a material change to the services provided under this Contract or an increased cost to the City.
SUBCONTRACTOR / SUPPLIER CONTRACTS: The Contractor shall enter into written contracts with its
subcontractor(s) and supplier(s), if any, and those written contracts shall be consistent with this Contract for Construction, It
is the intent of the Owner and the Contractor that the obligations of the Contractor’s subcontractor(s) and supplier(s), if any,
inure to the benefit of the Owner and the Contractor, and that the Owner be a third-party beneficiary of the Contractor’s
agreements with its subcontractor(s) and supplier(s).
a. The Contractor shall make available to each subcontractor and supplier, if any, prior to the execution of written contracts
with any of them, a copy of the pertinent portions of this Contract for Construction, including those portions of the
Construction documents to which the subcontractor or supplier will be bound, and shall require that each subcontractor
and supplier shall similarly make copies of applicable parts of such documents available to its respective subcontractor(s)
and supplier(s).
b. The Contractor shalt engage each of its subcontractor(s) and supplier(s) with written contracts which preserve and protect
the rights of the Owner and include the acknowledgment and agreement of cach subcontractor or supplier that the Owner
is a third-party beneficiary of the contract. The Contractor’s agreements with its subcontractor(s) and supplier(s) shall
require that in the event of default under, or termination of, this Contract for Construction, and upon request of the Owner,
the Contractor's subcontractor(s) and supplier(s) will perform services for the Owner.
c. The Contractor shall include in its agreements with its subcontractor(s) and supplier(s) a provision which contains the
acknowledgment and agreement of the subcontractor or supplicr that it has received and reviewed the applicable terms,
conditions and requiremenis of this Contract for Construction that are included by reference in its written contract with
the Contractor, and that it will abide by those terms, conditions and requirements.
RIGHTS AND REMEDIES: No provision in this document or in the vendor’s offer shall be construed, expressly or by
implication, as waiver by the City of any existing or future right and/or remedy available by law in the event of any claim of
default or breach of contract. The failure of the City to insist upon the strict performance of any term or condition of the
contract or to exercise or delay the exercise of any right or remedy provided in the contract, or by law, or the City’s acceptance
of and payment for materials or services, shall not release the Contractor from any responsibilities or obligations imposed by |
this contract or by law, and shall nat be deemed a waiver of any right of the City to insist upon the strict performance of the |
Contract.
INDEMNIFICATION: To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City,
and its officers and employees, from liabilities, damages, losses and costs, including reasonable attorney fees and court costs,
but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of the Contractor in the
performance of the contract. The amount and type of insurance coverage requirements set forth herein will in no way be
construed as limiting the scope of the indemnity in this paragraph,
- OVERCHARGES BY ANTITRUST VIOLATIONS: The City maintains that, in practice, overcharges resulting from
antitrust violations are borne by the purchaser. Therefore, to the extent permitted by law, the Contractor hereby assigns to the |
City any and all claims for such overcharges as to the goods and services used to fulfil! the Contract. |
FORCE MAJEURE:; Except for payment for sums due, neither party shall be liable to the other nor deemed in default under
this Contract if and (o 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 party affected and occurs without its fault or
Rev(05V11/21)CF Page 5 of 32
Materials Management
Procurement
STANDARD 9875 N. 85" Ave., 2" FI,
Peoria, Ari: 85345-656
TERMS AND CONDITIONS Phone: (623) 773-7115
| Fax: (623) 773-7118
18.
20.
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negligence. Without limiting the foregoing, force majeure includes acts of God: acts of the public enemy; war; acts of terror,
hate crimes affecting public order; riots; strikes; mobilization; labor disputes; civil disorders; fire; floods; lockouts,
injunctions-intervention-acts, or failures or refusals to act by government authority; events or obstacles resulting from a
governmental authority’s response to the foregoing; and other similar occurrences beyond the control of the party declaring
force majeure which such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed
to commence when the party declaring force majeure notifies the other party of the existence of the force majeure and shall
be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in
accordance with this Contract.
Force majeure shall not include the following occurrences:
a. Late delivery of equipment or materials caused by congestion at a manufacturer's plant or elsewhere, an oversold
condition of the market, inefficiencies, or similar occurrences.
b. Late performance by a subcontractor unless the delay arises out of a force majeure occurrence in accordance with this
Force Majeure term and Condition.
Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any claim for
damages or loss of anticipated profits if, and to the extent that such delay or failure is caused by force majeure. If either party
is delayed at any time in the progress of the work by force majeure, then the delayed party shall notify the other party in
writing of such delay within forty-eight (48) hours commencement thereof and shall specify the causes of such delay in such
notice. Such notice shall be hand delivered or mailed Certified-Return Receipt and shall make a specific reference to this
article, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall
notify the other party in writing. The time of completion shall be extended by contract modification for a periad of time equal
(o the time that the results or effects of such delay prevent the delayed party from performing in accordance with this contract.
RIGHT TO ASSURANCE: Whenever onc party to this contract in good faith has reason to question the other party’s intent
to perform he may demand that the other party give a written assurance of this intent to perform. In the event that a demand
is made and no written assurance is given within five (5) days, ihe demanding party may treat this failure as an anticipatory
repudiation of the Contract.
RIGHT TO AUDIT RECORDS: The City may, at reasonable times and places, audit the books and records of any
Contractor as related to any contract held with the City. This right to audit also empowers the City to inspect the papers of
any Contractor or Subcontractor employee who works on this contract to ensure that the Contractor or Subcontractor is
complying with the Contractor Immigration Warranty made pursuant to Paragraph 3 ubove..
WARRANTIES: Contractor warrants that all material, service or construction delivered under this contract shall conform to
the specifications of this contract. Unless otherwise stated in Contractor’s response, the City is responsible for selecting items,
their use, and the results obtained from any other items used with the items furnished under this contract. Mere receipt of
shipment of the material/service specified and any inspection incidental thereto by the City shall not alter or affect the
obligations of the Contractor or the rights of the City under the foregoing warranties. Additional warranty requirements may
be set forth in the solicitation.
INSPECTION: All material and/or services are subject to inspection and acceptance by the City. Materials and/or services
failing to conform to the specifications of this Contract will be held at Contractor's risk and may be returned to the Contractor.
If so returned, all costs are the responsibility of the Contractor. The City may elect to do any or all of the following:
a. Waive the non-conformance.
b. Stop the work immediately.
c. Bring material into compliance.
This shal] be accomplished by a written determination from the City.
TITLE AND RISK OF LOSS; The title and risk of loss of material and/or service shall not pass to the City until the City
actually receives the material or service at the point of delivery, unless otherwise provided within this Contract.
: —_
Rev(05/44/21)CF Page 6 of 32
| Materials Management
Procurement
STANDARD 9875 N. 85 Ave., 2” Fl,
Peoria, Ari: 85345-
TERMS AND CONDITIONS Phates 623) airs
Fax: (623) 773-7118
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NO REPLACEMENT OF DEFECTIVE TENDER: Every tender of materials shall fully comply with al! provisions of the
Contract. If'a tender is made which does not fully conform, this shall constitute a breach of the Contract as a whole.
DEFAULT IN ONE INSTALLMENT TO CONSTITUTE TOTAL BREACH: Contractor shall deliver conforming
materials in each installment of lot of this Contract and may not substitute nonconforming materials. Delivery of
nonconfonning materials or a default of any nature, at the option of the City, shall constitute a breach of the Contract as a
whole.
SHJPMENT UNDER RESERVATION PROHIBITED: Contractor is not authorized to ship materials under reservation
and no tender of a bill of lading wil] operate as a tender of the materials.
LIENS: All materials, service or construction shall be free of all liens, and if the City requests, a formal release of all liens
shall be delivered to the City.
LICENSES: Contractor shall have at the time of bid submittal, and shall maintain in current status, all Federal, State and
Local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this Contract.
The conclusion of the issuing authority in each case is to be deemed conclusive for the purposes of complying with this
provision, By submitting a bid for this public contract, you agree that, with respect to the contract, substantial compliance does
not meet the minimum requirements of this or any provision hereof, or of any applicable law or other authority, and that strict
compliance alone is adequate to meet those requirements, unless the City consents to such substantial compliance in writing
at the time of bid submittal. The determination shall be made by the City.
PATENTS AND COPYRIGHTS: All services, information, computer program clements, reports and other deliverables,
which may be patented or copyrighted and created under this contract are the property of the City and shall not be used or
released by the Contractor or any other person except with the prior written permission of the City.
PREPARATION OF SPECIFICATIONS BY PERSONS OTHER THAN CITY PERSONNEL: All specifications shall
seek to promote overall economy for the purposes intended and encourage competition and not be unduly restrictive in
satisfying the City’s needs. No person preparing specifications shall receive any direct or indirect benefit from the utilization
of specifications, other than fees paid for the preparation of specifications.
COST OF BID/PROPOSAL PREPARATION: The City shall not reimburse the cost of developing presenting or providing
any response to this solicitation, Offers submitted for consideration should be prepared simply and economically, providing
adequate information in a straightforward and concise manner.
PUBLIC RECORD: All offers submitted in response to this solicitation shall become the property of the City and shall
become a matter of public record available for review, subsequent to the award notification, in accordance with the City’s
Procurement Code. However, subsequent to the award of the contract, any information and documents obtained by the City
during the course of an audit conducted in accordance with Paragraph 20 above for the purposc of determining compliance by
Contractor or a Subcontractor with the Contractor Immigration Warranty mandated by Paragraph 3 above shall remain
confidential and shall not be made available for public review or produced in response to a public records request, unless the
City is ordered or otherwise directed to do so by a court of competent jurisdiction.
ADVERTISING: Contractor shail not advertise or publish information concerning this Contract, without prior written
consent of the City.
DELIVERY ORDERS: The City shall issue a Purchase Order for the material and/or services covered by this contract. All
such documents shal] reference the contract number as indicated on the Offer and Contract Award
FUNDING: Any contract entered into by the City of Peoria is subject to funding availability, Fiscal years for the City of
Peoria are July 1 to June 30. The City Council approves all budget requests. Ifa specific funding request is not approved, the
contract shall be terminated.
PAYMENT: A separate invoice shall be issued for each shipment of material or service performed, and no payment will be
issued prior to receipt of material and/or services and correct invoice.
Rav(05/1721)CF Page 7 of 32
Materials Management
Procurement
STANDARD | 9875 N. 85" Ave., 2” Fl,
Peoria, Ari |
| TERMS AND CONDITIONS Prone: (028) 7737118
Fax: (623) 773-7118
36, PROHIBITED LOBBYING ACTIVITIES: The Offeror, his/her agent or representative shall not contact, orally or in any
written form any City elected official or any City employee other than the Materials Management Division, the procuring
department, City Manager, Deputy City Manager or City Attorney’s office (for legal issues only) regarding, the contents of
this solicitation or the solicitation process commencing from receipt of a copy of this request for proposals and ending upon
submission of a staff report for placement on a City Council agenda. The Materials Manager shall disqualify an Offeror's
proposal for violation of this provision. This provision shall not prohibit an Offeror from petitioning an elected official after
submission of a staff report for placement ona City Council agenda or engaging in any other protected first amendment activity
after submission of a staff report for placement on a City Council agenda.
37. PROHIBITED POLITICAL CONTRIBUTIONS: Consultant during the term of this Agreement shall not make a
contribution reportable under Title 16, Chapter 6, Article 1, Arizona Revised Statutes to a candidate or candidate committee
for any city elective office during the term of this Agreement. The City reserves the right to terminate the Agreement without
penalty for any violation of this provision.
Rev(05/14/21}CF Page 8 of 32
Materials Management
| Procurement
GENERAL 9875 N. 85" Ave., 24 Fl,
Peoria, Arizona 85345-6560
TERMS AND CONDITIONS Pinte: (623) 773-7115
Fax: (623) 773-7118
1. DEFINITIONS: The terms, as used in or pertaining to the contract, are defined as follows:
CITY: The word “Cit” shall refer to the City of Peoria, Arizona.
CONTRACTOR: The word “Contractor” is defined as the person, firm or corporation with whom the contract is made by
the City.
CONTRACT: The word “Contract” will include the Invitation to Bid Notice, Instructions to Bidders, Bid, Bid Bond,
Performance Bond, Payment Bond, Notice of Award, Notice to Proceed, Change Order, Certificate of Insurance & Schedule
A, Certificate of Completion, Contractor's Affidavit Regarding Settlement of Claims, Contractor's Affidavit Certifying Non-
Collusion in Bidding, Standard Terms & Conditions, General Terms & Conditions, Special Terms & Conditions, Technical
Provisions, Performance Provisions, Plans and Addenda thereto,
ENGINEER: The word “Engineer” is defined as the person, firm or corporation duly authorized by the City to act as agent
in providing professional services including studies, planning, engineering design and construction administration services,
inspecting materials and construction, and interpreting plans and specifications.
MATERIALS: The word “Materials” will include, in addition to materials incorporated in the project, equipment and other
material used and/or consumed in the performance of the work.
SUBCONTRACTOR: The word “Subcontractor” is defined as those persons or groups of persons having a direct contract
with the contractor and those who furnish material worked to a special design according to the plans and/or specifications for
this work, and includes those who merely furnish materials not so worked.
WORK: The word “Work” shall include all labor necessary to accomplish the construction required by the Contract and all
materials and equipment incorporated or to be incorporated in said construction.
2. REFERENCE STANDARDS:
2.1. The “Uniform Standard Specifications for Public Works Construction” and the “Uniform Standard Details for Public
Works Construction” which are sponsored and distributcd by the Maricopa Association of Governments (MAG), and
which are hereinafter referred to as the “MAG Specifications,” arc hereby adopted as part of these contract documents,
2.2. July 15, 1997 by Section 23-50a of Ordinance 97-38, the City of Peoria adopted the “Uniform Standard Details for Public
Works Construction from the Maricopa County Association of Governments by reference with certain exceptions.
A copy of these documents is kept on file at the Office of the City Clerk at the City of Peoria.
2.3. If any contradiction exists between “MAG Specifications” and this solicitation document, the solicitation language shall
prevail.
3. LAWS AND REGULATIONS: The Contractor shall keep himself fully informed of all existing and future City and County
ordinances and regulations and state and federal laws and Occupational Safety and Health Standards (OSHA) in any manner
affecting the work herein specified, He shall at all times observe and protect and indemnify the City of Peoria, Arizona, and
its officers and agents against any claim or liability arising from or based on the violation of any such ordinances, regulations
or laws. It is the responsibility of the Contractor to obtain any and all information regarding the laws and regulations which
may be referenced in the Specifications.
4. RIGHTS OF WAY: The City will provide Rights-of-Way and easements for all work specified in this contract, and the
Contractor shall not enter or occupy with men, tools, equipment or materials any private ground outside the property of the
City of Peoria, Maricopa County, Arizona, without the consent of the owner.
The Contractor, at his own expense, is responsible for the acquisition of any additional easements or rights-of-way that he
may desire to complete the work of this contract.
5. PROPOSAL QUANTITIES: It is expressly understood and agreed by the parties hereto that the quantities of the various
Rev(05/19/21)CF Page 9 of 32