Agreement with Rummel Construction Inc.
Extracted text (via ocr_local)
44657 characters
AGREEMENT FOR
LANDFILL GAS, GROUNDWATER AND STORMATER SYSTEMS INSTALLATION,
MAINTENANCE, PARTS AND SERVICE
City of Glendale Solicitation No. IFB 25-26
This Agreement for Landfill Gas, Groundwater and Stormwater Systems Installation, Maintenance, Parts and Service
("Agreement") is effective and entered into between CITY OF GLENDALE, an Atizona municipal corporation
("City"), and Rummel Construction, Inc., an Arizona corporation, authorized to do business in the State of Arizona,
("Contractor"), as of the day of 2025.
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 25-26 (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:
1. Key Personnel; Sub-contractors.
11 Services. Contractor will provide all services necessary to assure the Project is completed timely and
efficiently consistent with Project requirements, including, but not limited to, working in close
interaction and interfacing with City and its designated employees, and working closely with others,
including other contractors or consultants, retained by City.
1.2 Project Team.
a. Project Manager.
(1) Contractor will designate an employee as Project Manager with sufficient training,
knowledge, and experience to complete the Project and handle all aspects of the
Project (as determined by the City in its sole discretion); 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 assute 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.
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4.
3.4
3.5
within this section. Contractor, and on behalf of any subcontractors, warrants compliance with this
section.
Coordination; Interaction.
a.
For projects that the City believes requires the coordination of various professional services,
Contractor will work in close consultation with City to proactively interact with any other
professionals retained by City on the Project ("Coordinating Project Professionals").
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.
Work Product.
a.
Ownership. Upon receipt of payment for services furnished, Contractor grants to City, and
will cause its Sub-contractors to grant to the City, the exclusive ownership of and all
copyrights, if any, to evaluations, reports, drawings, specifications, project manuals, surveys,
estimates, reviews, minutes, all "architectural work" as defined in the United States Copyright
Act, 17 U.S.C § 101, ef seq., and other intellectual work product as may be applicable ("Work
Product").
(1) This grant is effective whether the Work Product is on paper (e.g., a "hard copy"),
in electronic format, or in some other form.
(2) Contractor warrants, and agrees to indemnify, hold harmless and defend City for,
from and against any claim that any Work Product infringes on third-party
proprietary interests.
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.
(3) In such case, City shall also remove any seal and title block from the Work Product.
Compensation for the Project.
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4.2
Compensation, Contractor's compensation for the Project, including those furnished by its Sub-
contractors will not exceed $3,500,000, as specifically detailed in Exhibit B (the "Compensation").
Change in Scope of Project. The Compensation may be equitably adjusted if the originally
contemplated scope of services as outlined in the Project is significantly modified.
a.
Adjustments to the Compensation 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.
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Conflict. Contractor acknowledges this Agreement is subject to A.R.S. § 38-511, which allows for
cancellation of this Agreement in the event any person who is significantly involved in initiating, negotiating,
securing, drafting, or creating the Agreement on City's behalf is also an employee, agent, or consultant of any
other party to this Agreement.
Insurance.
8.1 Requirements. Contractor must obtain and maintain the following insurance ("Required Insurance"):
a. Contractor and Sub-contractors. Contractor, and each Sub-contractor performing work or
providing materials related to this Agreement must procure and maintain the insurance
coverages described below (collectively referred to herein as the "Contractor's Policies"),
until each Party's obligations under this Agreement are completed.
b. General Liability.
(1) Contractor must at all times relevant hereto carry a commercial general liability
policy with a combined single limit of at least $2,000,000 per occurrence and
$2,000,000 annual aggregate for each property damage and contractual property
damage.
(2) Sub-contactors must at all times relevant hereto carry a general commercial liability
policy with a combined single limit of at least $2,000,000 per occurrence.
(3) This commercial general liability insurance must include independent contractors!
liability, contractual liability, broad form property coverage, XCU hazards if
requested by the City, and a separation of insurance provision.
(4) These limits may be met through a combination of primary and excess liability
covetage.
c Auto. A business auto policy providing a liability limit of at least $2,000,000 per accident for
Contractor and $2,000,000 per accident for Sub-contractors and covering owned, non-
owned and hired automobiles.
d. Workers' Compensation and Employer's Liability. A workers' compensation and employer's
liability policy providing at least the minimum benefits required by Arizona law.
e. Notice of Changes. Contractor's Policies must provide for not less than 30 days' advance
written notice to City Representative of:
(1) Cancellation or termination of Contractor or Sub-contractor's Policies;
(2) Reduction of the coverage limits of any of Contractor or and Sub-contractor's
Policies; and
(3) Any other material modification of Contractor or Sub-contractor's Policies related
to this Agreement.
f. Certificates of Insurance.
(1) Within 10 business days after the execution of the Agreement, Contractor must
deliver to City Representative certificates of insurance for each of Contractor and
Sub-contractor's Policies, which will confirm the existence or issuance of Contractor
and Sub-contractor's Policies in accordance with the provisions of this section, and
copies of the endorsements of Contractor and Sub-contractor's Policies in
accordance with the provisions of this section.
(2) City is and will be under no obligation either to ascertain or confirm the existence
or issuance of Contractor and Sub-contractor's Policies, or to examine Contractor
and Sub-contractor’s Policies, or to inform Contractor or Sub-contractor in the
event that any coverage does not comply with the requirements of this section.
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10.
11.
c. Contractor is not required to indemnify any Indemnified Parties for, from, or against any
Demand or Expense resulting from the Indemnified Party's sole negligence or other fault
solely attributable to the Indemnified Party.
E-verify, Records and Audits. To the extent applicable under A.R.S. § 41-4401, the Contractor warrants
their compliance and that of its subcontractors with all federal immigration laws and regulations that relate to
their employees and compliance with the E-verify requirements under A.R.S. § 23-214(A). The Contractor or
subcontractor’s breach of this warranty shall be deemed a material breach of the Agreement and may result
in the termination of the Agreement by the City under the terms of this Agreement. The City retains the legal
right to randomly inspect the papers and records of the other party to ensure that the other party is complying
with the above-mentioned warranty. The Contractor and subcontractor warrant to keep their respective
papers and records open for random inspection during normal business hours by the other party. The parties
shall cooperate with the City’s random inspections, including granting the inspecting party entry rights onto
their respective properties to perform the random inspections and waiving their respective rights to keep such
papers and records confidential.
No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the parties hereby
certify that they are not currently engaged in, and agree for the duration of the Agreement to not engage in, a
boycott of goods or services from Israel, as that term is defined in A.RS § 35-393.
Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and during
the term of this Agreement, will not use:
a. the forced labor of ethnic Uyghurs in the People’s Republic of China;
b. any goods or services 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 (each
a Notice") will be effective only if:
a. The Notice is in writing; and
b. Delivered in person ot by overnight courier service (delivery charges prepaid), certified or
registered mail (return receipt requested); and
c. Notice will be deemed to have been delivered to the person to whom it is addressed as of
the date of receipt, if:
(4) Received on a business day, or before 5:00 p.m., at the address for Notices identified
for the Party in this Agreement by U.S. Mail, hand delivery, or overnight courier
service on or before 5:00 p.m.; or
(2) As of the next business day after receipt, if received after 5:00 p.m.
d. The burden of proof of the place and time of delivery is upon the Party giving the Notice;
and
e. Digitalized signatures and copies of signatures will have the same effect as original signatures.
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16.
17.
15.2
15.3
15.4
15.5
15.6
15.7
Term.
16.1
16.2
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 ot any excerpts attached as Exhibit A and this Agreement will be resolved
by the terms and conditions stated in this Agreement.
Interpretation.
a. The parties fairly negotiated the Agreement's provisions to the extent they believed necessary
and with the legal representation they deemed appropriate.
b. The parties are of equal bargaining position and this Agreement must be construed equally
between the parties without consideration of which of the parties may have drafted this
Agreement.
c ‘The Agreement will be interpreted in accordance with the laws of the State of Arizona.
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 rights and remedies provided in this Agreement are cumulative and the exercise of
any one or more right or remedy will not affect any other rights or remedies under this Agreement
or applicable law.
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.
Extensions. 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, 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 extension period. Price adjustments will only be reviewed
prior to the extension period and any such price adjustment will be a determining factor for any
renewal. There are no automatic extensions or 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 tetms 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.
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The parties enter into this Agreement as of the Effective Date shown above.
ATTEST:
Julie K. Bower
City Clerk (SEAL)
APPROVED AS TO FORM:
Michael D. Bailey
City Attorney
City of Glendale,
an Arizona municipal corporation
By: Kevin R. Phelps
Its: City Manager
Rummel Construction, Inc.,
an Arizona Corporation
L=——
By: Erigecker
Its: Ye President
11
11/08/2023
Plengate WATER SYSTEMS INSTALLATION, Glendale, Arizona 85302
CITY OF GLENDALE
m—N SOLICITATION NUMBER: IFB 25-26/ 42500039 Procurement Division
© 5970 West Brown Street,
LANDFILL GAS, GROUNDWATER, STORM Suite 210
MAINTENANCE, PARTS, AND SERVICE
3.2
3.3
3.4
3.5
3.6
INTRODUCTION
The City of Glendale, Arizona (“City”), is requesting bids from qualified vendors for
the installation, maintenance, repair and purchase of supplies and services for the
City Landfill methane gas, groundwater and stormwater systems, including, but not
limited to, earthmoving, backhoe, trenching and shoring services.
OBJECTIVES
The City of Glendale Landfill Division manages the daily operations and
maintenance of the Landfill methane gas, groundwater, and stormwater systems.
The existing contract for the installation, maintenance and repair of the methane
gas, groundwater and stormwater systems will expire in March 2025. Maintenance
and repair services are essential to avoid stoppage or breakdown of the Landfill
methane gas and water management systems.
SCOPE OF WORK
The Contractor shall furnish all labor, materials, supplies and equipment necessary
to fabricate, install and deliver products to the City Landfill for maintaining its
methane gas and water management systems.
Contractor must be able to perform maintenance and service on, but not limited to,
the following products:
a. SDR 11 HDPE
b. HDPE and PVC-18”, 12”, 6”, 4” and 2” pipe
Maintenance services and inspections shall be completed as requested and in
accordance with manufacturer’s recommendations and warranty requirements.
Contractor will be required to return calls for service within 24 hours, Emergency
calls will be returned within two (2) hours.
Contractor must provide a minimum of one (1) year warranty for labor and parts for
services provided to the City.
Travel charges will be allowable for Contractor on-site trips. However, the city will
not pay travel charges for technician if work is performed off-site at the Contractor’s
location.
CONTRACTOR REQUIREMENTS
The Contractor shall have at least five (5) years of experience in providing fabrication,
maintenance and installation of methane gas recovery and ground water monitoring
CITY OF GLENDALE
SOLICITATION NUMBER: IFB 25-26/ 42500039 Procurement Division
(C7 5970 West Brown Street,
Glendale LANDFILL GAS, GROUNDWATER, STORM Suite 210
ARITONA WATER SYSTEMS INSTALLATION, Glendale, Arizona 85302
MAINTENANCE, PARTS, AND SERVICE
to extend the contract period at least ninety (90) calendar days prior to the
expiration of the original contract period.
9. SUSPENSION AND DEBARMENT. (APPLIES TO ALL PURCHASES.)
A. 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).
B. 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.
C. 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.
D. 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.
uN City of Glendale cry OF GLENDALE
&S Solicitation Number: IFB 25-26 /42500039 says WeslerowsGhicnt,
Glendale | sysTEMS INSTALLATION, MAINTENANCE, PARTS, | Glendale, Arizona 85302
LANDFILL GAS, GROUNDWATER, STORM WATER Suite 210
AND SERVICE
EXHIBITS PACKAGE
Manager or any other City employee (other than Procurement employees); the use of any media for
the purpose of influencing the outcome; or in any other way that could be construed to influence
any part of the decision-making process about this IFB. This provision shall not prohibit an Offeror
from petitioning an elected official or engaging in any other protected first amendment activity after
the protest period has run or any protest has been resolved, whichever is later.
Violation of this provision will cause the proposal or offer of the Bidder to be found in violation and
to be rejected.
CONFLICT OF INTEREST Contractor shall disclose the following: 1) the name(s) and
position(s) of each Contractor’s employee or subcontractor that participated in the
preparation of the submittal or who will be involved, directly or indirectly, with performing
the contract, if awarded; 2) the name(s) of any City of Glendale employee who is a relative
of persons identified pursuant to No. 1; 3) the name(s) and position(s) of Contractor’s
personnel that have a financial or proprietary interest in the contract; 4) the name(s) of
any City of Glendale employee who is a relative of persons identified pursuant to No. 3.
Providing such disclosure will not necessarily disqualify a Contractor. Failure to disclose the
requested information or any potential conflict of interest pursuant to A.R.S. § 38-511 et seq. may
result in rejection of the proposal or bid or any contract being void or terminated.
For purposes of this provision, the following definitions apply:
“Employee” means all persons who are employed on a full-time, part-time or contract basis by the
City of Glendale.
“Relative” means the spouse, child, child’s child, parent, grandparent, brother or sister of the whole
or half blood and their spouses and the parent, brother, sister or child of a spouse.
INQUIRIES Any question related to the Invitation to Bid shall be directed to the Contract
Analyst whose name appears above. An Offeror shall not contact or ask questions of the
department for whom the requirement is being procured. The Contract Officer may
require any and all questions be submitted in writing. Offerors are encouraged to submit
written questions via electronic mail or facsimile, no later than FIVE days prior to the
proposal due date. Any correspondence related to a solicitation should refer to the
appropriate Invitation to Bid number, page and paragraph number. An envelope
containing questions should be identified as such; otherwise, it may not be opened until
after the official proposal due date and time. Oral interpretations or clarifications will be
without legal effect. Only questions answered by a formal written amendment to the
Invitation to Bid will be binding.
PUBLIC RECORD REQUIREMENTS Offeror acknowledges that the City is a public agency
and must comply with all Public Records laws and proposals submitted become the
property of the City and are subject to public disclosure requirements in accordance with
Arizona Public Records Law. Any portion of the proposal that the bidder deems
confidential or proprietary must be clearly labeled as such. Labeling material does not
automatically preclude the material from public disclosure, as the City is required to make
an appropriate determination as to the confidentiality of the material in accordance with
1/29/18
Glendale | sysTEMS INSTALLATION, MAINTENANCE, PARTS, | Glendale, Arizona 85302
City of Glendale CITY OF GLENDALE
Solicitation Number: IFB 25-26 /42500039 iif inect Eeoentgioe
LANDFILL GAS, GROUNDWATER, STORM WATER Suite210
AND SERVICE
EXHIBITS PACKAGE
b. “Contract” means the agreement for the procurement of goods, services and work.
. “Contractor” means an Offeror responding to a Invitation to Bid who has been awarded
a Contract with the City.
. “Invitation for Bid” means a competitive solicitation issued by the City for the
procurement of goods, services, work, materials and/or construction.
“Offer” means a written offer to furnish goods, services, work, materials and/or
construction to the City, in conformity with the standards, specifications, delivery terms
and conditions, and all other requirements established in a competitive solicitation.
“Offeror” means the business, entity or person who submits an Offer in response to a
competitive solicitation.
. “Public Record” means proposals and all other documents submitted in response to
this solicitation shall become the property of the City and shall be a matter of public
record available for review following the Contract award.
. “Purchase Order” means a document issued by the City Procurement Office directing
the Contractor to deliver goods, services, work, materials and/or construction.
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Glendale | sysTEMS INSTALLATION, MAINTENANCE, PARTS, | Glendale, Arizona 85302
S Solicitation Number: IFB 25-26 /42500039 | so7o weet Broun Street,
City of Glendale CITY OF GLENDALE
LANDFILL GAS, GROUNDWATER, STORM WATER Suite 210
AND SERVICE
EXHIBITS PACKAGE
10.
11.
12.
13.
TERMINATION FOR CONVENIENCE The City reserves the right to terminate any order or
contract upon thirty days written notice. The City will be responsible only for those
standard items which have been delivered and accepted. If the items are unique and not
saleable or useable for any other application, the City will reimburse the Seller for actual
labor, material, and burden costs, plus a profit not to exceed 8%. Title to all materials,
work-in-process, and completed but undelivered goods will pass to the City after costs are
claimed and allowed.
SUB-CONTRACTING The contract or any portion thereof, shall not be sub-contracted
without the prior written approval of the Materials Manager. No such approval will be
construed as making the City a party of or to such sub-contract or subjecting the City to
liability of any kind to any sub-contractor. No sub-contract shall, under any circumstances,
relieve the contractor of liability and obligation under this contract; and despite any such
subletting the City shall deal through the contractor. Sub-contractors will be dealt with as
workmen and representatives of the contractor.
SAFETY DATA SHEETS (SDS). Contractor is to supply SDS) in accordance with Federal
requirements for The Globally Harmonized System of Classification and Labeling of
Chemicals (GHS). Contractor entering the City workplace with hazardous materials will
supply the City with a Safety Data Sheets (SDS) covering those particular products the
contractor may expose City employees or the general public to while working at the site.
GENERAL INDEMNIFICATION: Contractor shall indemnify, defend, save and hold
harmless the City of Glendale and its officers, officials, agents, and employees (hereinafter
referred to as “Indemnitee”) from and against any and all claims, actions, liabilities,
damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim
processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily
injury or personal injury (including death), or loss or damage to tangible or intangible
property caused, or alleged to be caused, in whole or in part, by the negligent or willful
acts or omissions of Contractor or any of its owners, officers, directors, agents, employees
or subcontractors. This indemnity includes any claim or amount arising out of or
recovered under the Workers’ Compensation Law or arising out of the failure of such
Contractor to conform to any Federal, State or local law, statute, ordinance, rule, regulation
or court decree. It is the specific intention of the parties that the Indemnitee shall, in all
instances, except for Claims arising solely from the negligent or willful acts or omissions
of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is
agreed that Contractor will be responsible for primary loss investigation, defense and
judgment costs where this indemnification is applicable. In consideration of the award of
this contract, the Contractor agrees to waive all rights of subrogation against the City, its
officers, officials, agents, and employees for losses arising from the work performed by the
Contractor for the City.
RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS The offeror's
products, services, and facilities shall be in full compliance with all applicable Federal,
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Glendale | sysTEMS INSTALLATION, MAINTENANCE, PARTS, | Glendale, Arizona 85302
ARIZONA
PN City of Glendale CITY OF GLENDALE
&S Solicitation Number: IFB 25-26 /42500039 57) Woot Browisirett,
LANDFILL GAS, GROUNDWATER, STORM WATER Suite 210
AND SERVICE
EXHIBITS PACKAGE
21.
22.
23.
24.
25.
26.
27.
28.
increase has an impact on the contract unit prices. The requested price increase must be
based upon a cost increase that was clearly unpredictable at the time of the offer and can
be shown to directly affect price of the item concerned. The rate increase shall only be
considered at time of contract extension. The City will review the request and shall
determine if the increase shall be granted or if an alternate option is in the best interest of
the City. The price increase adjustment, if approved, will be effective and executed via a
contract amendment.
LATE SUBMISSION OF CLAIM The City will not honor any invoices or claims which are
tendered one year after the last item of the account accrued.
PROTEST OF AWARD Any person who has an objection to the awarding of a solicitation by
the City, pursuant to competitive solicitation procedures, shall lodge that protest, in
writing, with the Materials Manager. The protest should specifically identify the objection
to the award, pursuant to the formal purchase procedure. The protest must be submitted
no later than seven (7) calendar days after the notice of intent to award is posted on
the City's Procurement Internet home page at:
https://www.glendaleaz.com/your_government/city_finances/procurement/notice_of intent_to_a
ward. Untimely protests will not be considered.
REMEDIES City shall have, in addition to the remedies provided herein, all remedies
afforded by the Uniform Commercial Code as adopted by the State of Arizona. Contractor
shall have, subject to the limitation imposed by the terms of this agreement, all remedies
afforded by the Uniform Commercial Code as adopted by the State of Arizona.
ASSIGNMENT Neither an order nor monies due thereunder shall be assigned in whole or
in part without the City's prior written consent.
ADDENDA Any change to the solicitation will be in the form of a numbered addendum
issued by the Procurement Division. The addendum will be furnished to all who received
the solicitation. The City will not be responsible for any oral or written instructions made
by any employees, officers, contracted consultant or agent of the City in regard to the
solicitation. The City will not be responsible for offerors adjusting their offer based on oral
or written instructions.
SPECIAL ACCOMMODATIONS Please contact Procurement at 930-2862 at least 3 days
prior to the meeting for special accommodation. Hearing impaired persons, please use the
Arizona Relay Service (1-800-367-8939).
OFFER IDENTIFICATION The City is not responsible for the pre-opening of, post-opening
of, or the failure to open, an offer not properly addressed or identified.
OFFER TABULATION An electronic copy of the scoring may be requested by e-mailing the
Procurement office at procurement@glendaleaz.com and referencing the solicitation title
and number. The information will be available for distribution when the City has completed
its evaluation process of the offers received.
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Glendale | sysTEMS INSTALLATION, MAINTENANCE, PARTS, | Glendale, Arizona 85302
ARIZONA
(Cc) Solicitation Number: IFB 25-26 /42500039 | cavo weet Broun Strect,
uN City of Glendale CITY OF GLENDALE
LANDFILL GAS, GROUNDWATER, STORM WATER Suite 210
AND SERVICE
EXHIBITS PACKAGE
35.
36.
37.
38.
39.
item is an expenditure therein. The City does not guarantee that the budget item will be
actually adopted, as it is the determination of the City Council at the time of the adoption
of the budget.
NOTIFICATION OF AWARD The successful offeror(s) will be notified that their offer has
been accepted by the City Council as recommended for award.
NON-EXCLUSIVITY The City, in its sole discretion, reserves the right to request the
materials or services set forth herein from other sources when deemed necessary and
appropriate. No exclusive rights are included in this Agreement.
COOPERATIVE USE OF CONTRACT This agreement may be extended for use by other
governmental agencies and political subdivisions of the State. Any such usage by other
entities must be in accord with the ordinances, charter, rules and regulations of the
respective entity and the approval of the Contractor and City. For a list of SAVE members,
click on the following link: http://www.mesaaz.gov/business/purchasing/save
PROHIBITIONS - Contractor, and on behalf any subcontractor, certifies, to the extent
applicable under A.R.S. §§ 35-391 et seq and 35-393 et seq, that neither has "scrutinized"
business operations, as defined in the proceeding statutes, in the countries of Sudan or
Iran.
IMMIGRATION LAW COMPLIANCE Contractor, and on behalf any subcontractor, warrants,
to the extent applicable under A.R.S. § 41-4401, compliance with all federal immigration
laws and regulations that relate to their employees as well as compliance with A.R.S. § 23-
214(A) which requires registration and participation with the E-Verify Program. Any
breach of warranty described above is considered a material breach of this Agreement and
is subject to penalties up to and including termination of this Agreement. City of Glendale
(“City”) retains the legal right to inspect the papers of Contractor or subcontractor
employee who performs work under this Agreement to ensure that Contractor or any
subcontractor is compliant with the warranty described above. City may conduct random
inspections, and upon request of the City, Contractor shall provide copies of papers and
records demonstrating continued compliance with the warranty described
above. Contractor agrees to keep papers and records available for inspection by the City
during normal business hours and will cooperate with City in exercise of its statutory duties
and not deny access to its business premises or applicable papers or records for the
purposes of enforcement of this Section. Contractor agrees to incorporate into any
subcontracts under this Agreement the same obligations imposed upon itself and
expressly accrue those obligations directly to the benefit of the City. Contractor also
agrees to require any subcontractor to incorporate into each of its own subcontracts under
this Agreement the same obligations above and expressly accrue those obligations to the
benefit of the City. Contractor’s warranty and obligations under this Section | to the City
is continuing throughout the term of this Agreement or until such time as the City
determines, in its sole discretion, that Arizona law has been modified in that compliance
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yas
G
Glendale
ARIZONA
City of Glendale
Solicitation Number: IFB 25-26 /42500039
LANDFILL GAS, GROUNDWATER, STORM WATER
SYSTEMS INSTALLATION, MAINTENANCE, PARTS,
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
AND SERVICE
EXHIBITS PACKAGE
(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.
G. 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.
H. 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.
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uN City of Glendale CITY OF GLENDALE
GS Solicitation Number: IFB 25-26 /42500039 | so7o\wect Brawn Street,
LANDFILL GAS, GROUNDWATER, STORM WATER Suite 210
Glendale | sysTEMS INSTALLATION, MAINTENANCE, PARTS, | Glendale, Arizona 85302
AND SERVICE
EXHIBITS PACKAGE
involving automobiles owned, Licensed, hired or borrowed by the OFFEROR." Such
additional insured shall be covered to the full limits of liability purchased by the
OFFEROR, even if those limits of liability are in excess of those required by this
License.
(2) Policy shall contain a waiver of subrogation endorsement in favor of the “City of
Glendale, and its departments, officers, officials, agents, employees and
volunteers” for losses arising from work performed by or on behalf of the
OFFEROR. This provision applies regardless of whether or not the City of Glendale
has received a waiver of subrogation endorsement from the insurer.
iii) Worker's Compensation and Employers’ Liability
Workers' Compensation Statutory
Employers' Liability
Each Accident $1,000,000
Disease — Each Employee $1,000,000
Disease — Policy Limit $1,000,000
(1) Policy shall contain a waiver of subrogation endorsement in favor of the “City of
Glendale, and its departments, officers, officials, agents, employees and
volunteers” for losses arising from OFFEROR activities. This provision applies
regardless of whether or not the City of Glendale has received a waiver of
subrogation endorsement from the insurer.
iv) Additional Insurance Requirements: The policies shall include, or be endorsed to
include the following provisions:
(1) Policies shall stipulate that the insurance afforded by the organization shall be
primary insurance and that any insurance carried by the City of Glendale shall be
excess and not contributory insurance.
(2) Coverage provided by the organization shall not be limited to the liability assumed
under the indemnification provisions of the license or contract.
(3) If the Vendor maintains broader coverage and/or higher limits than the minimum
shown, the City requires and shall be entitled to the broader coverage and/or the
higher limits maintained by the Vendor. Any available insurance proceeds in excess
of the specified minimum of insurance and coverage shall be available to the City.
(4) Vendor shall require and verify that all subcontractors (subconsultants) maintain
insurance meeting all the requirements stated herein, and Vendor shall ensure that
City is an additional insured on insurance required from subcontractors
(subconsultants).
(5) If the Vendor is awarded the solicitation, the Vendor shall furnish the City with
original Certificates of Insurance including all required amendatory endorsements
before the work begins. However, failure to obtain the required documents prior to
the work beginning shall not waive the Vendor’s obligation to provide them. The
-20-
1/29/18
a City of Glendale CITY OF GLENDALE
GS Solicitation Number: IFB 25-26 /42500039 | ,,,ocurement Division |
LANDFILL GAS, GROUNDWATER, STORM WATER Suite210
Glendale | sysTEMS INSTALLATION, MAINTENANCE, PARTS | Glendale, Arizona 85302
AND SERVICE
ONLINE SUBMITTAL CHECKLIST
This checklist is for your use to ensure you have successfully submitted
your offer.
[-] _ Register as a vendor in the Vendor Self Service portal.
https://glendaleazvendors.munisselfservice.com/Vendors/default.aspx
Vendor Registration instructions are located on the City’s website.
https://www.glendaleaz.com/cms/One.aspx?portalld=15209085&pageld=16366
196
[] — Once registration is complete, find the solicitation you wish to submit an offer on
and select “Create Bid”.
Request for Bids
Status: Open
‘Retum to Search Results
[roman Li
ype saenenterQuatestons
Number 42200005
[RSOQ 22-15 CONTRACTORS FOR HOUSING REHABILITATION AND DEMOLITION CONSTRUCTION 7 Aracrmests @)
ISERVICES
Description
Due by
Opening date
Approximate award date
08/19/2026 1200 AM (UTC-0720) Arzera
[-] The number next to Attachments shows the number of documents that are
attached for the vendor. Download each one. You will be required to upload one
or more of the documents as your offer.
Click on “Create Bid”
LJ The next screen is a page created by the system. You must enter a dollar amount
in each place that says “Unit Price.”
~22-
1/29/18
a City of Glendale CITY OF GLENDALE
© Solicitation Number: IFB 25-26 /42500039 | ,¢,owrement Division
LANDFILL GAS, GROUNDWATER, STORM WATER Suite210.
Glendale | sysTEMS INSTALLATION, MAINTENANCE, PARTS | Glendale, Arizona 85302
AND SERVICE
ONLINE SUBMITTAL CHECKLIST
[] After required attachments have been uploaded, the number of documents files
attached with show ex. (1), (2), (3), etc. If you need to upload other documents
for your offer, you can upload them to an existing line (ex: you could attach
another document to either Vendor Pricing Workbook or Vendor Response
Workbook).
Bid Attachments
Vendor Self Service Step 123
Vendor Information Mendor Self Service | Beturn to Search Results
‘Attachment Type Description Required Attachments
1099
Vendor Pricing Workbook Completed Pricing Workbook v o Ka
Bids Vendor Response Workbook Completed Response Workbook v o J ach |
Checks
Invoices eS ES
Purchase Orders
Contracts
[] After selecting Save and Continue, vendor will see a “Submit Bid” button. This
must be clicked in order for the proposal to be submitted.
Bid Verification
Vendor Self Service Step 123
Vendor Information Vendor Selt Service | Retuin to Search Results
Propotal Status: Pending
1099 r: cea |e A)
Bids Bid Number 442000020
Description [#2029108 comtcrgh wih undnale ts Spaiometr
|
Invoices | |
02/06/2020 0200 FM
02/06/2020 0201 FM
02/06/2020 0530 Pmt |
Checks
Purchase Orders
Contracts
[] After selecting submit bid, the vendor will receive a message that states,
“Response submitted successfully.”
-24-
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EXHIBIT B
LANDFILL GAS, GROUNDWATER AND STORMATER SYSTEMS INSTALLATION,
MAINTENANCE, PARTS AND SERVICE
COMPENSATION
METHOD AND AMOUNT OF COMPENSATION
Payment shall be per section 5 of the Agreement.
NOT-TO-EXCEED AMOUNT
The total amount of compensation paid to Contractor for full completion of all work required by the Project during
the entire term of the Project must not exceed $3,500,000.
DETAILED PROJECT COMPENSATION
Per attached Price Sheet.
12. | HDPE, 6 inch 45° elbow 10 Each $9450.) $_545.00__
13. | HDPE, 6 inch “T” 5 Each $_65.00__ $325.00
HDPE, 4 inch to 2 inch :
14, reducers 25 Each $12.00 $_300.00___
SCHEDULE 80 PVC
PYC, 18 inch pipe —- 20 ] aoe
15. foot section 10 Each $_2208.00__ | $_22,080.00__
PYC, 12 inch pipe — 20 . =
16. foot section 10 Each $_776.00___ | $_7760.00__
PYC, 6 inch pipe - 20 foot nl : ‘ 7
17. section 10 Each $_223 50 $_2235.00__
18. | PVC, 6 inch 90° elbow 5 Each $252.50: 3) $ 26250
19. | PYC, 6 inch 45° elbow 5 Each $50.50 $252.50.
20. | PYC, 6 inch “T” 5 Each $87.50 | $437.50
PVC, *2 inch spiral flex ; :
21. | hose, 100 foot section - 10 Each $_625.00__ $_6,250.00__
See note below.
Total Amount (Items 4 to 21)
$_142,697.50__
Grand Total (Items 1 to 21) | $187,997.50
*Note: The City of Glendale’s system uses 2 inch spiral flex hoses to connect the wells to
the laterals. This 2 inch spiral flex hose is an off size. Bidders need to make sure that the
spiral flex hose will fit over a 2 inch PVC or HDPE pips.
The list provided above is not an all-inclusive list but will be used to gauge the Bidder’s
ability to provide materials at a fair market value.