Agreement

City of Glendale — Regular Meeting (2023-09-12)

Extracted text (via ocr_local) 52335 characters

AGREEMENT FOR
Barricades
City of Glendale Solicitation No. IFB 23-44

This Agreement for Barricades ("Agreement") is effective and entered into between CITY OF GLENDALE, an
Arizona municipal corporation ("City"), and Bullway Barricades Company LLC, an Arizona Limited Liability
Company, authorized to do business in the State of Arizona, ("Contractor"), as of the day of Jone ,agas .
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. IFB 23-44 (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; and

Cc. City and Contractor desire to memorialize their agreement with this document.

AGREEMENT
In consideration of the Recitals, which are confirmed as true and correct and incorporated by this reference, the
mutual promises and covenants contained in this Agreement, and other good and valuable consideration, City and
Contractor agree as follows:
L Key Personnel; Sub-conttactors.

11 Services. Contractor will provide all services necessary to assure the Project is completed timely and
efficiently consistent with Project requirements, including, but not limited to, working in close
interaction and interfacing with City and its designated employees, and working closely with others,
including other contractors or consultants, retained by City.

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 cach 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-contzactors.
(1) Contractor may engage specific technical contractor (each a "Sub-contractor") to
furnish certain service functions.

(2) Contractor will remain fully responsible for Sub-contractot'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.

Schedule. The services will be undertaken in a manner that ensures the Project is completed timely and
efficiently in accordance with the Project.

Contractor’s Work.

3.1

3.2

3.3

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

Licensing. Contractor warrants that:

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.

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 odentation, 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 requitements 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.

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
ptofessionals retained by City on the Project ("Coordinating Project Professionals").

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.

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.

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, ef seg., and other intellectual work product as may be applicable ("Work

Product").

(1) This grant is effective whether the Work Product is on paper (¢.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.

Delivery. Contractor will deliver to City copies of the preliminary and completed Work

Product promptly as they are prepared.

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.

Q) In such case, City shall also remove any seal and title block from the Work Product.

Compensation for the Project.

4.1 Compensation, Contractor's compensation for the Project, including those furnished by its Sub-
contractors will not exceed $1,800,000, 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.

Adjustments to the Compensation require a written amendment to this Agreement and may
require City Council approval.

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.
Notwithstanding the incorporation of the Exhibits to this Agreement by reference, should
any conflict arise between the provisions of this Agreement and the provisions found in the
Exhibits and accompanying attachments, the provisions of this Agreement shall take priority
and govern the conduct of the parties.

Billings and Payment.

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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.

3.2 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

tequired 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.
Termination.
6.1 For Convenience. City may terminate this Agreement for convenience, without cause, by delivering

a written termination notice stating the Effective Termination date, which may not be less than 30
days following the date of delivery.

a. Contractor will be equitably compensated for Goods or Services furnished prior to receipt
of the termination notice and for reasonable costs incurred.
b. Contractor will also be similarly compensated for any approved effort expended and

approved costs incurred that are directly associated with project closeout and delivery of the
required items to the City.
6.2 For Cause. City may terminate this Agreement for cause if Contractor fails to cure any breach of this

Agreement within seven days after receipt of written notice specifying the breach.

a. Contractor will not be entitled to further payment until after City has determined its damages.
If City's damages resulting from the breach, as determined by City, are less than the equitable
amount due but not paid Contractor for Service and Repair furnished, City will pay the
amount due to Contractor, less City's damages, in accordance with the provision of § 5.

b. If City's direct damages exceed amounts otherwise due to Contractor, Contractor must pay
the difference to City immediately upon demand; however, Contractor will not be subject to
consequential damages of more than $1,000,000 or the amount of this Agreement, whichever
is greater,

Conflict. Contractor acknowledges this Agreement is subject to A.R.S. § 38-511, which allows for
cancellation of this Agreement in the event any person who is significantly involved in initiating, negotiating,
securing, drafting, or creating thc Agreement on City's behalf is also an employee, agent, or consultant of any
other party to this Agreement.

Insurance.
8.1 Requirements. Contractor must obtain and maintain the following insurance ("Required Insurance");

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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.

General Liability.

(1) Contractor must at all times relevant hereto carry a commercial general liability
policy with 2 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.

[¢) 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.

@) This commercial general liability insurance must include independent contractors’
liability, contractual liability, broad form propetty coverage, XCU hazards if
requested by the City, and a scparation of insurance provision,

(4) These limits may be met through a combination of primary and excess Liability
coverage.

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,

Workers' Compensation and Employer's Liability. A workers' compensation and employer's

liability policy providing at least the minimum benefits required by Arizona law.

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.

Certificates of Insurance.

(1) Within 10 business days after the execution of the Agreement, Contractor must
deliver to City Reptesentative certificates of insurance for each of Contractor and
Sub-conttactor’s Policies, which will confirm the existence or issuance of Contractor
and Sub-contractor's Policies in accordance with the provisions of this section, and
copies of the endorsements of Contractor and Sub-contractor's Policies in
accordance with the provisions of this section.

(2) City is and will be under no obligation either to ascertain or confirm the existence
or issuance of Contractor and Sub-contractor’s Policies, or to examine Contractor
and Sub-contractor’s Policies, or to inform Contractor or Sub-contractor in the
event that any coverage does not comply with the requirements of this section.

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

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.

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(2) ‘This insurance coverage must comply with the requirements set forth above for
Contractor's Policies (¢.g., the requirements pertaining to endorsements to name the
patties as additional insured patties and certificates of insurance).

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.

8.3 ud

Contractor must also cause its Sub-contractors to obtain and maintain the Required
Insurance,

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.

Contractor and Sub-contractors must provide to the City proof of the Required Insurance
whenever requested.

tion.

To the fullest extent permitted by law, Contractor must defend, indemnify, and hold
hanmless 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 (Le. 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.

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.

Contractor is not required to indemnify any Indemnified Parties for, from, or against any
Demand or Expense resulting from the Indemnified Party's sole negligence or other fault
solely attributable to the Indemnified Party.

E-verify, Records and Audits. To the extent applicable under A.R.S. § 41-4401, the Contractor warrants
their compliance and thar 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
tight 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

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10.

11.

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 tights onto
their respective properties to perform the random inspections and waiving their respective rights to keep such
papers and records confidential.
No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the parties hereby
certify that they are not currently engaged in, and agree for the duration of the Agreement to not engage in, a
boycott of goods or services from Isracl, as that term is defined in A.R.S § 35-393.
Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and during
the tern of this Agreement, will not use:
a. the forced labor of ethnic Uyghurs in the People’s Republic of China;
b. any goods or setvices produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China; and
c. any contractors, subcontractors or suppliers that use the forced labor or any goods or
services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.
Attestation of PCI Compliance. When applicable, the Contractor will provide the City annually with a
Payment Card Industry Data Security Standard (PCI DSS) attestation of compliance certificate signed by an
officer of Contractor with oversight responsibility.

Notices.
13.1 A notice, request or other communication that is required or permitted under this Agreement (cach
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, ot overnight courier
service on or before 5:00 p.m.; or

(2) As of the next business day after receipt, if received after 5:00 p.m.

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.
13.2 Representatives.

Contractor. Contractor's representative (the "Contractor's Representative”) authorized to
act on Contractor's behalf with respect to the Project, and his or her address for Notice
delivery is:

Bullway Barricades Company, LLC

c/o Lorena Gonzalez

3001 W Lincoln St

Phoenix, AZ 85009

b. City. City's representative ("City's Representative") authorized to act on City's behalf, and
his or hex address for Notice delivery is:

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14.

15.

City of Glendale
c/o Shoalynn Gilliland

5850 W Glendale Ave, Suite 317

Glendale, Anzona 85301

(623) 930-2863

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.

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.

Entire Agreement; Survival; Counterparts; Signatures,

15.1 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, watrantics or agreements as to any mattets
concerning the Agreement's subject matter.

b. Representations, statements, conditions, or warranties not contained in this Agreement will
aot 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.

15.2 Interpretation.
a. The patties fairly negotiated the Agreement's provisions to the extent they believed necessary
and with the legal representation they deemed appropriate.
b. The parties ate of equal bargaining position and this Agreement must be construed equally
between the parties without consideration of which of the parties may have drafted this
Agreement.
« The Agreement will be interpreted in accordance with the laws of the State of Arizona.

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16.

17.

18.

19.

15.3

15.4

15.5

15.6

15.7

Term.

16.1

16.2

Survival. Except as specifically provided otherwise in this Agreement, each warranty, representation,
indemnification and hold harmless provision, insurance requirement, and every other right, remedy

and responsibility of a Party, will survive completion of the Project, or the earlier termination of this
Agreement.

Amendment. No amendment to this Agreement will be binding unless in writing and executed by
the parties. Any amendment may be subject to City Council approval. Electronic signature blocks
do not constitute execution.

Remedies. All tights and remedies provided in this Agreement are cumulative and the exercise of
any one ot more right or remedy will not affect any other rights or remedies under this Agreement
or applicable law.

Severability. If any provision of this Agreement is voided or found unenforceable, that determination
will not affect the validity of the other provisions, and the voided or unenforceable provision will be
deemed reformed to conform to applicable law.

Counterparts. This Agreement may be executed in counterparts, and all counterparts will together
comprise one instrument.

Renewals. The term of this Agreement commences upon the effective date and continues for a one
(1)-year initial period. The City may, at its option and with the approval of the Contractor, extend
the term of this Agreement an additional four (4) years, renewable on an annual basis. Contractor
will be notified in writing by the City of its intent to extend the Agreement period at least thirty
(30) calendar days prior to the expiration of the original or any renewal Agreement period, Price
adjustments will only be reviewed during the Agreement renewal period and any such price
adjustment will be a determining factor for any renewal. There are no automatic renewals of this

Agreement.

Extension for Procurement Process. Upon the expiration of the Term of this Agreement, including
the initial term and any renewals, at the City’s sole discretion, this Agreement may be extended on a
month-to-month basis for a maximum of six (6) months to allow for the City to complete its
Procurement process to select a 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.

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.

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.zov. ‘business ‘j»urchasiny/save

Exhibits. The following exhibits, with reference to the term in which they are first referenced, arc
incorporated by this reference.

Exhibit A Project
Exhibit B Compensation

(Signatures appear on the following page.)

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

City of Glendale,
an Arizona municipal corporation

By: Kevin Phelps
Its: City Manager

ATTEST:

julie K. Bower - a
City Clerk (SEAL)

APPROVED AS TO FORM:
Michael D. Bailey
City Attorney

Bullway Barricades Company, LLC,
an Arizona Limited Liability Company

By Gonzalez
Its: Managing Member

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EXHIBIT A
Barricades

PROJECT
Gi page)

Contractor to provide Barricade Services on an as-needed basis and shall fulfill the Scope of Work per IFB 23-44

2.1

| CITY OF GLENDALE 7]
SOLICITATION NUMBER: IFB 23-44/ 42300074 Procurement Division
Barricade Services 5850 West Glendale Avenue,
{ Suite 317
Glendale, Arizona 85301

INTRODUCTIO!

The City of Glendale (City) is soliciting an Invitation to Bid from qualified vendors
to establish a term contract for citywide barricade services and other barrier
equipment for short-term rental on an “as needed” basis.

OBJECTIVES

The service shall consist of providing traffic control and barricade services to
support routine and emergency repairs as well as planned special events in
support of City operations.

The resulting agreement shall provide for the delivery, placement, maintenance,
and removal of barricade equipment and supplies as requested by the City using
qualified personnel. The Contractor shall provide all items, personnel, materials,
equipment, tools, insurance, and permits and fees necessary to provide this

service.

The City reserves the right to make multiple awards or to award by individual line
items, by a group of line items, or to make an aggregate award, whichever is
deemed most advantageous to the City.

3. GENERAL SPECIFICATIONS

3.1 The Contractor shall provide all labor, materials, tools, equipment rentals

3.2

3.3

3.4

including but not limited to barricades, warning lights, reflective signs, flag-type
high level warning devices, pre-warning signs, truck mounted attenuators, variable
message boards, traffic cones, arrow panels, fencing, and sandbags. The
Contractor will also be required to prepare traffic control plans and attend
coordination meetings for special events.

These services shall be provided on an “as-needed” basis, twenty-four (24) hours
a day, seven (7) days a week, including holidays.

Multiple City of Glendale departments/divisions will be using this contract,
including but not limited to: Transportation, Field Operations, Police, Fire,
Engineering, Parks & Recreation, Special Events, etc.

The Contractor shall designate a single company representative as the contact
person for all equipment rental requests. The designated representative shall
advise the City on equipment availability, confirm each rental, and schedule
setup and takedown of all equipment ordered under this contract. If a change in
the company representative occurs, the Contractor shall immediately notify the
contract administrator

3.5

3.6

3.7

3.8

3.9

3.10

3.11

3.12

3.13

3.14

The Contractor shail obtain a Temporary Traffic Contro! Devices Installation and
Removal Annual Certification issued by the City of Glendale.

Contractor personnel assigned to barricading activities must be certified in the
“standards for work zone traffic control” through the American Traffic Safety
Services Association (ATSSA). A copy of certification cards may be required to be
on file with the contract administrator.

The Contractor shall adhere to all applicable OSHA, industry and local
government safety procedures, rules and regulations. The Contractor shall train
its personnel in appropriate safety standards relating to the performance of
services described in this contract.

Contractor shall keep all traffic control equipment in a clean and fresh
appearance. All equipment and placement of equipment shall be in accordance
with the latest editions of USDOT and FHWA Manual of Uniform Traffic Control
Devices and the City of Phoenix Traffic Barricade Manual.

Existing signs conflicting with temporary signs shall be covered. Two sandbags
shall be required in all portable signs and vertical panels. If more are required
due to weather conditions, they will be provided at no additional charge to the

City.

All delivery and service vehicles shall be equipped with service vehicle flashers
and an arrow panel in accordance with the Phoenix Traffic Barricade Manual.

All stolen, damaged while in use or lost units shall be replaced or removed from
rental without charge to the City for the cost of the unit itself. The City shall be
responsible for only rental payments and will pay rent to the Contractor for units
in the possession of and used by the City. Rental charges for a unit shall
terminate effective the date the Contractor is notified by the City that a unit has
been lost, damaged while in use, or stolen.

The City shail promptly report all lost, non-working, or stolen units to the
Contractor. Contractor shall immediately replace lost, non-working, or stolen
units. Units reported by the City as lost or stolen and recovered at a later date
by the City will be returned to the Contractor. The City shall not reimburse the
Contractor for the replacement value of lost or stolen equipment.

The Contractor shall maintain sufficient inventory levels as to provide daily
support for the City’s requirements. Failure to supply support may result in
cancellation of the contract.

The Contractor, at his expense, shall procure all necessary licenses and permits
relating to the services described in this solicitation.

3.15

3.16

3.17

3.18

4.
4.1

4.2

4.3

4.4

ii (i CITY OF GLENDALE
SOLICITATION NUMBER: IFB 23-44/ 42300074 Procurement Division
| Barricade Services 5850 West Glendale Avenue,
Suite 317
| Glendale, Arizona 85301

The Contractor shall exercise caution to protect pedestrian and vehicular
traffic. The Contractor shall further avoid causing damage to public and private
property. If in the opinion of the contract administrator the Contractor engages
in hazardous practice, the Contractor shall cease such activity immediately
after verbal or written notification by the contract administrator. If additional
barricades and/or other remedial equipment are deemed necessary by the
contract administrator to correct the hazardous practice/setup, the cost of the
equipment will be solely the Contractor’s responsibility.

When requested, the Contractor shall provide a traffic control plan. The plan
shall be in accordance with the Phoenix Barricade Manual. The traffic control

plan will be priced as a separate item.

Traffic contro! plans must be submitted through the Transportation
Department's online application process 72 hours prior to the start of the

project.

The Contractor will be responsible to set up and remove residential road
closures for neighborhood block parties. A typical road closure consists of three
Type || barricades and a road close sign for each end of the closed road. The
contractor will be given 48-hour notice of a block party and must setup and
remove the road closure, typically on the same day/evening,

ROUTINE AND EMERGENCY ACTIVITIES

The Contractor shall deliver, setup, inspect, repair and pick up equipment and
supplies at a designated area after receiving an order from an authorized City
employee. The equipment shall also be inspected, serviced and repaired
throughout the life of the setup as needed to keep all equipment in good
working order. This includes, but is not limited to, sandbags, lighting devices
and reflective sheeting. Setup as used in this contract means placing all
equipment in the designated traffic control area to delineate hazards, alert and
guide motorists, and protect pedestrians and workers.

No late delivery or special setup charges will be made for emergency requests.
All equipment shall be quoted at a constant rate regardless of quantities.

The Contractor must be able to provide an attenuator truck and driver at the
request of the City for maintenance activities on expressway/freeway facilities
owned by the City.

Unless otherwise directed, contractor shall remove the barricades out of the
roadway within two hours of the project being complete. Barricades must be
picked up from the jobsite within 24 hours of notice that the project is
complete if the equipment is removed from the roadway by city staff. Rental
charges for a particular project shall terminate at the time the project is
complete. The City will not be responsible for barricades that Contractor failed

4.5

4.6

5.0
5.1

5.2

] ; ~ | CITY OF GLENDALE
| SOLICITATION NUMBER: IFB 23-44/ 42300074 Procurement Division
Barricade Services | 5850 West Glendale Avenue,
| Suite 317
tendale Glendale, Arizona 85301

(ae —— —

to pick up. If the equipment is not picked up within the timeframe specified for
that project, the City will consider the equipment abandoned and may take
necessary action to remove it from the worksite. Failure to comply with this 24-
hour pickup window may result in a deduction of payment on the invoice for
specified Liquidated Damages. (See Liquidated Damages Table in Section 6.3)

Dispatch: The Contractor shall provide and maintain a manned 24-hour
dispatch center with an operational radio net and telephone to provide
emergency service. The dispatch center must have at its disposal a sufficient
number of trucks, men and equipment to respond to requests and initiate
mobilization for service within two hours, including nights, weekends and

holidays.
Emergency Response: Emergency response time shall be a maximum of two

hours after the City notifies Contractor an emergency exists. All necessary
barricade equipment and personne} shall be at the job site within the two-hour
response time after receiving the initial call, including nights, weekends and
holidays. The 24-hour emergency phone number provided by the Contractor
shall be the same as the phone number used for routine orders. No special
setup charges will be made for emergency requests. Failure to comply with this
two-hour delivery window may result in a deduction of payment on the invoice
as specified in the Liquidated Damages Table. (See Liquidated Damages Table
in Section 6.3)

inventory Stock: The City has established a stockyard location with a base
quantity of barricades to be available for the Streets Department staff use.
Vendors shall make quantities available as the City may require. Locations and
quantities may change as required, All stock shall be replaced with new or
refurbished devices at the beginning of each contract year.
Repairs/replacement throughout the year shall follow requirements listed in

Section 3.12.

Field Operations Center, 6322 W Myrtle Ave, Glendale 85301, shall require, at a
minimum, 50 Type | or II barricades with “C" warning lights.

SPECIAL EVENTS ACTIVITES

Special events are defined as activities such as parades, marches, funerals,
festivals, races, University of Phoenix Stadium and Gila River Arena events, etc.
that the City fully sponsors or co-sponsors. These types of events require close
coordination between the Contractor and City personne! with regard to planning
and street closure, setup and tear down times, adjustments in the field, etc.

The Contractor may pre-set traffic control equipment prior to a special event.
The City shall only be charged the daily rental bid price for equipment on all
approved pre-sets. No delivery, labor or stand-by charges will apply to any pre-
set work for special events.

| CITYOFGLENDALE |
SOLICITATION NUMBER: IFB 23-44/ 42300074 Procurement Division
| Barricade Services 5850 West Glendale Avenue,
Suite 317

ale | Glendale, Arizona 85301

5.3 The Contractor shall provide the City’s pricing and accept payment from a non-
City sponsor for co-sponsored City events. Contractor shall bill the non-City
event sponsor directly for these services.

5.4 For special events, the setup shall be completed by the requested time. Failure
to complete the setup by the specified time may result in a deduction of
payment on the invoice specified in the Liquidated Damages table. (See
Liquidated Damages Table in Section 6.3)

5.5 Delivery charges and delivery labor time shall not be paid for special events.
Actua! time on the day of the event used to setup and tear down the barricades
as well as standby time will be paid at the applicable labor rates.

5.6 The Contractor must be certified with the Arizona Department of Transportation
(ADOT) to place and removed barricades within ADOT's right-of-way,

6.0 LIQU|DATED DAMAGES

6.1 Time being of the essence, the parties agree that the amount shown tn the table
below will be deducted from monies due to or to become due to the Contractor,
not as a forfeit or penalty, but as liquidated damages. This sum is fixed and
agreed upon between the parties because the actual loss to the City and to the
public caused by delay in completion will be impractical and extremely difficult
to ascertain and determine.

6.2 Any amount deducted that is greater than the amount billed on any given
invoice shall become a credit to the City, applicable to any other amounts due

to the Contractor,

6.3 Liquidated Damages Table

SITUATION | AMOUNT TO BE
—— | DEDUCTED _
A. Failure to respond to emergency
call and setup within the specified $300 per site/emergency
___ time limits, (Section 4.6) —
B. Failure to setup barricades for
| special events within the specified $300 per site
____time limits. (Section 5.0) oo
Cc. Failure to respond to routine call |
and setup within the specified time | $150 per site/per
| limits. (Section 4.0) _ occurrence _
D. Failure to pick up barricades within
the specified time limits. (Section $150 per site/per
— 5.4) | occurrence

‘No charge for each

~—. Failure to correct or replace any
piece of equipment

worksite equipment deemed
| unacceptable, damaged or missing, deemed

within timeframe specified after unacceptable,
[ __ notification. (Section 3.11) | ___ damaged or missing. |

7.0 FEES/INVOICING

7.1 Unit cost for each item shall include setup, removal and daily field check. Signs
shall include sign stand support unless otherwise specified. A firm, fixed trip
charge to cover preparation and travel time shall be reflected on the Price Sheet.
Both the setup and removal of barricades will be considered as one trip charge
on the Price Sheet regardless of the number of trucks used for the job. Only one
trip charge will be allowed per setup/take down unless directed by the City to
change the setup. The daily field check shall be included in the one trip charge.
Special events are billed differently and do not have a trip charge.

7.2 No fuel surcharges shall be accepted by the City.

7.3. For special events (see Section 5.0) the City shall compensate the Contractor at
hourly rental rates for the actual time the barricade truck with driver is used in
direct support of the special event. The rates shall include all maintenance,
operations, fuel, repair and other related costs associated.

7.4 The Contractor will be asked to provide a cost to provide barricades for block
parties. The cost includes delivery, setup, and removal. The Contractor will
receive 48 hours notice of a block party. The typical setup consists of three (3)
Type | barricades and one (1) road close sign for each roadway leg that is closed.
Typically, there are two roadway legs that are closed.

7.5 Invoices shall be directed to the department who placed the order (see Section
8.0) and shall contain the following information:

» Invoice number

= Invoice date

» Road segment

® Delivery date

« Pickup date

= Name of City staff member placing request

= l|temized list of items (as listed on Price Page)

Without this information, invoices may be returned to vendor.

7.6 Unless otherwise directed, Contractor shall pick up barricades from the jobsite
within 24 hours of natice that the project is complete. Rental charges for a
particular project shall terminate at the time the project is complete. The City will
not be responsible for barricades that Contractor failed to pick up. If the

i _ CITY OF GLENDALE
SOLICITATION NUMBER: IFB 23-44/ 42300074 Procurement Division
Barricade Services 5850 West Glendale Avenue,
| Suite 317
| i Glendale, Arizona 85301

equipment is not picked up within the timeframe specified for that project, the
City will consider the equipment abandoned and may take necessary action to
remove it from the worksite. Failure to comply with this 24-hour pickup window
may result in a deduction of payment on the invoice for specified Liquidated
Damages. (See Liquidated Damages Table in Section 6.3)

8.0 PRIMARY CONTACTS
The overall contract administrator shall be Allan Galicia, (623) 930-2761.

The primary departments to use this service are:

Water Services Department Public Facilities and Events Department
6210 W Myrtle Ave, Ste 112 5800 W. Glenn Dr, Ste 140

Contact: Tom Keller Contact: Heidi Barriga

Field Operations Department Transportation Department

6210 W Myrtle Ave, Ste 111 6210 W. Myrtle Ave, Ste 113

Contact: Julian Reyes Contact: Randy Moreno

Other City department contacts may also place orders. Invoices shall be directed
to the department name and address listed above for work performed within their
department. The invoice shall include the name and department from which the
request originated, Failure to include this contact information may hold up
payment and the invoice may be returned to the Contractor for correction.

9.0 GENERAL REQUIREMENTS

9,1 Quantities: Quantities listed in the resultant contract are best estimates only and
based on the City’s projected need. No volume is implied or guaranteed and the
City reserves the right to increase or decrease any quantities actually rented. The
City is not obligated to order more than the City’s actual requirements and
availability of appropriated funds.

9,2 Inventory: The City has an ongoing requirement for the equipment and services
indicated in this contract. The Contractor shall maintain a reasonable supply of

equipment on hand for delivery to the City.

9.3 Brand Name References: Brand names, trade names, model numbers, and/or
catalog numbers are used to indicate the character, quality and/or performance
characteristics of the materials desired. Use of the name of a manufacturer, brand,
make or catalog number does not restrict bidder from offering suitable alternates.
However, the City reserves the right to decide whether alternatives to the identified
manufacturer and brand are equal to the materials described in the solicitation. The
City will be the sole judge on the question of equal quality, and the decision shail be

final.

9.5

9.6

9.7

9.8

10.

11.

| SOLICITATION NUMBER: IFB 23-44/ 42300074 Procurement Division

Barricade Services
Suite 317

| Glendale, Arizona 85301
— —— SS

Permits and Licenses: Contractor shall maintain, in current status, Federal, State,
and Local licenses and permits required for the operation of the business
conducted by the contractor. License and permit fees shall be included in and are
part of the total offer cost. During the term of the contract, the Contractor shall
notify the City in writing, within two (2) working days, of any suspension, revocation
or renewal,

Changes to Products or Services: Throughout the term of this contract, the City
reserves the right to add, revise or make changes to products and services within
the scope of the specifications as may be deemed necessary to best serve the needs

of the City.

Defective Products: All defective equipment and products shall be replaced and
exchanged by the Contractor. The cost of transportation, inspection, reshipping or
other like expenses shal! be paid by the Contractor. All replacement products
shall be delivered to the City within seven (7) days of initial notification.

Protection of City Grounds and Facilities: The Contractor shall deliver and
provide barricade equipment in a manner that does not result in damage to City
facilities, grounds, landscaping, utilities or structures. In the event that damage
does occur in the performance of this contract, the Contractor shall repair or
replace the damage at no cost to the City. Should the Contractor fail or refuse to
make proper repairs or replacements, the Contractor shail be liable for the cost
thereof which may be deducted from unpaid invoices or by any other means
provided by law.

Safety Standards: All products supplied under this contract shall comply with
applicable state, city and federal safety requirements.

QUANTITIES
The quantities referenced in this solicitation are estimates ONLY and are to be used

for information purposes only. No commitment of any quantity is made during this
contract.

BRAND NAME OR EQUIVALENT

There are a number of products that have been determined, through evaluation or
testing, to be equivalent to the requirements of the specifications. The list of these
brands is not intended to limit or restrict competition. Rather, it is to set the
standard of quality, design, performance and characteristics of the products
specified herein. Any bid which proposes products that are of equivalent quality,
type of material, design and performance will be considered if sufficient evidence
and information is given to establish it as equivalent and the City determines the
product to be equivalent to the brand name and specifications

SS : | CITYOFGLENDALE |

5850 West Glendale Avenue, |

13.

14,

12.

= = T

] CITY OF GLENDALE
| SOLICITATION NUMBER: IFB 23-44/ 42300074 Procurement Division

Barricade Services 5850 West Glendale Avenue,
Suite 317
igh rad Glendale, Arizona 85301
DELIVERY
e Delivery Time

oT
A.

All deliveries shall be FOB Destination to 6322 W Myrtle Ave, Glendale 85301.

HER REQUIREMENTS

Term. The term of the resultant contract shall be for a one (1) year initial term.
The City may, at its option and upon mutual agreement with the Bidder(s),
extend the term of this agreement for an additional four (4) years as defined in
4.B,

Option to Extend. Based on satisfactory Bidder performance, the City, may at
its option and upon mutual agreement with the Bidder, extend the term of this
agreement for an additional four (4) years renewable on an annual basis.
Bidder shall be notified in writing by the City Materials Manager of the City's
intention to extend the contract period at least ninety (90) calendar days
prior to the expiration of the original contract period.

SUSPENSION AND DEBARMENT. (APPLIES TO ALL PURCHASES.)

This contract is a covered transaction for purposes of 2 CFR pt. 180 and 2 CFR
pt. 3000. As such, the Contractor is required to verify that none of Contractor's
principals (defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR §
180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at
2 CFR § 180.935).

The Contractor must comply with 2 CFR pt. 180, subpart C and 2 CFR pt.
3000, subpart C, and must include a requirement to comply with these
regulations in any lower tier covered transaction it enters into.

This certification is a material representation of fact relied upon by the City of
Glendale. If it is later determined that the contractor did not comply with 2 CFR
pt. 180, subpart C and 2 CFR pt. 3000, subpart C, in addition to remedies
available to the City, the Federal Government may pursue available remedies,
including but not limited to suspension and/or debarment.

The Contractor agrees to comply with the requirements of 2 CFR pt. 180,
subpart C and 2 CFR pt. 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The
Contractor further agrees to include a provision requiring such compliance in
its lower tier covered transactions.