Agreement with Ghaster Painting and Coatings Inc.
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01/28/2025
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
GHASTER PAINTING AND COATINGS, INC.
This Linking Agreement (“Agreement”) is entered into as of this day of , 2025, between the
City of Glendale, an Arizona municipal corporation (“City”), and Ghaster Painting and Coatings, Inc., an
Arizona corporation, authorized to do business in Arizona (“Contractor”), collectively, the “Parties.”
RECITALS
A.
On February 8, 2023, Ghaster Painting and Coatings, Inc., a member of the (S.A.V.E Cooperative
Purchasing Agreement, Paradise Valley Unified School District 1Government Procurement Alliance
(1GPA), entered into a contract with Contractor to purchase the goods and services described in
the Painting Products and Services Contract No. 23-11PV-04 (“Cooperative Agreement”), which is
attached hereto as Exhibit A. The Cooperative Agreement allows its cooperative use by other
governmental agencies, including the City.
B.
Section 2-149 of the City’s Procurement Code permits the Finance Director to procure goods and
services by participating with other governmental units in cooperative purchasing agreements when
the best interests of the City would be served.
C.
Section 2-149 also provides that the Finance Director may enter into such cooperative agreements
without meeting the formal or informal solicitation and bid requirements of Glendale City Code
Sections 2-145 and 2-146.
D.
The City wishes to contract with Contractor for supplies or services identical to those being provided
to other units of government under the Cooperative Agreement. Contractor consents to the City’s
cooperative use of the terms and conditions of the Cooperative Agreement, and agrees to provide
the supplies and services set forth in the Statement of Work appended hereto as Exhibit B.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference, and
the covenants and promises contained in this Linking Agreement, the parties agree as follows:
1.
Term of Agreement.
A.
As provided in the Cooperative Agreement, purchases can be made by governmental entities
from the date of award, which was February 2, 2023, until the date the contract terminates
on February 7, 2026, unless the term is extended by mutual agreement of the parties to the
Cooperative Agreement. The Cooperative Agreement, however, may not be extended
beyond February 7, 2027. The initial period of this Agreement is the period from the
Effective Date of this Agreement until February 7, 2027.
B.
The City may extend the term of this Agreement for an additional one (1) one year period if
the Cooperative Agreement is likewise extended and the City gives the Contractor notice
that it is exercising its option to extend this Agreement 30 days prior to the anniversary of
2
01/28/2025
the Effective Date. Glendale extensions are not automatic and shall only occur if the City
affirmatively exercises its right to extend this Agreement.
2.
Scope of Work; Terms, Conditions, and Specifications.
A.
Contractor shall provide City the supplies and/or services identified in the Scope of Work
attached as Exhibit B.
B.
Contractor agrees to comply with all the terms, conditions and specifications of the
Cooperative Purchasing Agreement. Such terms, conditions and specifications are
specifically incorporated into and are an enforceable part of this Agreement.
3.
Compensation.
A.
City shall pay Contractor compensation at the same rate and on the same schedule as
provided in the Cooperative Purchasing Agreement, which is attached hereto as Exhibit C.
B.
The total purchase price for the supplies and/or services purchased under this Agreement
shall not exceed Three Million dollars ($3,000,000) for the entire term of the Agreement
(initial term plus any extensions).
4.
Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511.
5.
Non-discrimination. Contractor must not discriminate against any employee or applicant for
employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status, U.S. military veteran
status or any disability. Contractor will require any Sub-contractor to be bound to the same
requirements as stated within this section. Contractor, and on behalf of any subcontractors, warrants
compliance with this section.
6.
Insurance Certificate. A certificate of insurance applying to this Agreement must be provided to the
City prior to the Effective Date.
7.
E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the requirements of
A.R.S. § 41-4401.
8.
No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the parties
hereby certify that they are not currently engaged in, and agree for the duration of the Agreement to
not engage in, a boycott of goods or services from Israel, as that term is defined in A.R.S § 35-393.
9.
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.
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
GHASTER PAINTING AND COATINGS, INC.
EXHIBIT A
PARADISE VALLEY UNIFIED SCHOOL DISTRICT 1 GOVERNMENT PROCUREMENT
ALLIANCE (1GPA) CONTRACT NO. 23-11PV-04
PAINTING PRODUCTS AND SERVICES
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
GHASTER PAITING AND COATINGS, INC.
EXHIBIT B
Scope of Work
Contractor will provide products and labor on an as-needed basis as described in the Paradise Valley Unified
School District, 1 Government Procurement Alliance (1GPA), Contract No. 23-11PV-04, products and
labor may include, but not be limited to preparation of interior and exterior surfaces of all types, and
application of paint, other coatings, and other surface materials.
1910 W. Washington St., Phoenix, AZ 85009
www.1GPA.org
February 3, 2023
Ghaster Painting & Coatings Inc.
3120 W Carefree Hwy Ste 1 PMB 347
Phoenix, AZ 85086
kevin@ghasterpaintinginc.com
Attn: Kevin McDermott
1GPA is pleased to announce that your company has been awarded a contract for the following products
and/or services based on your firm’s proposal submitted to 1GPA in response to Invitation for Bid #23—
11PV Painting Products and Services:
Commodity/ContractTitle:
PaintingProductsandServices
Contractor/Vendor:
GhasterPainting&CoatingsInc.
ContractNumber:
23Ǧ11PVǦ04
ThecontractiseffectiveFebruary8,2023andwillexpireonFebruary8,2024.The contract may be
renewed annually for up to an additional four years, if mutually agreed to by 1GPA and your firm.
Ghaster Painting & Coatings Inc. has been awarded a National Contract with 1GPA and may be utilized
anywhere in the United States, however, this is a multiple award and the Lead Agency may or may not
utilize your firm’s products/services.
The 1GPA partnership can be of great help to participating agencies. Please feel free to provide copies of
this letter to your sales representative to assist in their work. Please review the Vendor Welcome Guide
that is included in the Award Notification Email.
If you have any questions or concerns, please feel free to contact Christy Knorr at the 1GPA office via email
at cknorr@1GPA.org. We look forward to working with you and your team!
Sincerely,
Christy Knorr, Vice President
1Government Procurement Alliance (1GPA)
Christy Knorr, Vice P
y
Paradise Valley
Unified School District
1Government Procurement Alliance
The following is a Cooperative Solicitation, released via Paradise Valley Unified School District as the lead
agency of 1 Government Procurement Alliance:
Bid Due Date and Time:
IFB Opening Location:
Electronic Submittals:
Last Day for Questions:
Pre-Bid Conference:
Invitation for Bid# 23-11 PV
Painting Products and Services
November 17, 2022 at 1 :00 P .M. Arizona Time
Paradise Valley Unified School District - Lead Agency
15002 N. 32nd Street
Phoenix, Arizona 85032
OpenGov Procurement - https://procurement.opengov.com/portal/1gpa
See enclosed information for submittal instructions.
November 10, 2022
None
In accordance with the Arizona procurement code and rules, Competitive Sealed Bids for the materials or services specified
will be received electronically by the1 GPA lead agency, via OpenGov Procurement, until the time and date cited. Bids
received by the correct time and date shall be opened, via OpenGov Procurement, and the vendor's name and pricing shall
be publicly read at the location indicated above. All other information contained in the Bid shall remain confidential until award
is made. Late solicitations shall not be considered.
To be considered, solicitations shall be submitted electronically via OpenGov Procurement,
https://procurement.opengov.com/portal/1gpa. Submittal instructions for OpenGov Procurement can be found on the last
page of this document under Exhibit A. Additional instructions for preparing a solicitation are provided herein. Bidders are
strongly encouraged to carefully read the entire solicitation document.
Questions regarding this Invitation for Bid should be submitted via OpenGov Procurement located at the same link listed
above. To receive notification when answers are posted on OpenGov Procurement please click the "Follow" button.
For further assistance contact Rebecca Seifert at rseifert@1gpa.org (phone 480-524-2593).
Eva JJ. Cattes
Christyorr, Vice President
Eva Calles, Director of Purchasing
1 Government Procurement Alliance (1 GPA)
Paradise Valley Unified School District (PVUSD)
Date Issued: October 5, 2022
1Government Procurement Alliance (1 GPA) 1910 W. Washington St Phoenix, AZ. 85009 Phone: 866-306-3893 Fax: 602-663-9515
Website: www.1gpa.org
Documents Referenced
Introduction
Definition of Terms
Uniform Instructions to Bidders
Uniform Terms and Conditions
Special Terms and Conditions
Scope of Work
Submittal Requirements
Bid Bond Form
Performance Bond Form SAMPLE
Payment Bond Form SAMPLE
TABLE OF CONTENTS
Exhibit A- OpenGov Procurement Submission Instructions
1GPA
23-11 PV Painting Products and Services
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DOCUMENTS REFERENCED
You may access a complete copy of the documents referenced within this solicitation at the following web addresses:
Arizona:
Arizona Revised Statutes (ARS) is available at
http://www.azleg.state.az.us/ArizonaRevisedStatLites.asp
The Arizona School District Procurement Rules in the Arizona Administrative Code (MC) is available at
http://apps.azsos.gov/pLiblic services/Title 07 /7-02.pdf
All Other States:
For a full listing of Intergovernmental Purchasing Statutes by state, visit the 1 GPA website at
http://1gpa.org/state-statLites/
Federal:
IRS W-9 form (Request for Taxpayer I.D. Number) is available at
http://www.irs.gov/pLib/irs-pdf/fw9.pdf
Code of Federal Regulations, 2 CFR §§ 200.318-326
https :/ /www .ecfr.gov/ cu rrenUtitle-2/sLI btitle-A/ cha pter-I1/pa rt-200/sLibpart-D/s LI b ject-g ro LI p-E CF R45ddd4419 ad436d
Education Department General Administrative Regulations (EDGAR)
https://www2.ed.gov/policy/fund/reg/edgarReg/edgar.html
1GPA
23-11 PV Painting Products and Services
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INTRODUCTION
Who are we?
1Government Procurement Alliance (1GPA), is a non-profit national governmental purchasing cooperative which allows
public agencies to take advantage of existing contracts to purchase the goods and services they need from local and
national vendors.
Eligible using members include school districts, charter schools, universities, colleges, cities, towns, municipalities, counties,
states, local governments, federal government, Native American communities, fire districts, and any other political
subdivision.
What do we do?
We provide contracts for a broad range of commodities and services that are available to the Cooperative eligible members
through a government purchasing cooperative or lnterlocal agreement. All of our contracts are competitively procured and
awarded in compliance with state statutes, procurement laws and regulations.
Contracts are approved and awarded by 1 GPA's lead governmental entities and are only available for use and benefit of all
entities complying with state procurement laws and regulations.
Why are we preferred?
The Cooperative's pooled purchasing power means public and private schools, cities, counties and state agencies, non-
profits, as well as colleges, universities and Native American communities can save actual budget dollars on our contracts
utilizing best business practices.
Our agency is dedicated to negotiating the best contracts with the best firms locally or nationally to ensure our members
receive quality products and services at the best price.
We service our members by providing in-house knowledge of public procurement practices in conjunction with quality
business practices to mainstream the purchasing process for large and complex solicitations that can take up to 6 to 12
months for our members on their own.
We pride our firm on our commitment to compliance, innovation, and collaboration.
As a government purchasing cooperative, 1GPA offers its Members access to a broad range of vendors whose
goods and services have been competitively procured by 1GPA, in coordination with its governmental lead
agencies. When conducting competitive solicitations, 1 GPA takes all steps necessary to comply with federal, state
and local procurement laws applicable to both the Lead Agency identified in the solicitation, as well as to
1 GPA. Each Member must make its own independent determination as to (1) whether the Member may, under laws
applicable to the Member, lawfully purchase particular goods or services through purchasing cooperatives, and
(2) whether the Member must comply with any additional procedures required under laws applicable to the Member
prior to completing a cooperative purchase. 1GPA makes no representations or warranties to its Members, or to
any vendors, regarding such matters.
1GPA
23-11 PV Painting Products and Services
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DEFINITION OF TERMS
A complete list of definitions can be found in the Arizona Administrative Code R7-2-1001. The terms listed below are defined as follows:
"Attachment" means any item the Solicitation requires the Bidder to submit as part of the Bid.
"Bidder" means a person submitting a Bid in response to an Invitation for Bids
"Contract" means the combination of the Solicitation, including the Special Instructions to Bidders, Special Terms and Conditions, and the
Specifications and Statement or Scope of Work/Services; the Bid; and any Solicitation Amendments or Contract Amendments, and Member
purchase orders.
"Contract Amendment• means a written document signed by the 1 GPA that is issued for the purpose of making changes in the Contract.
"Contractor" means any person who has a Contract with the 1 GPA.
"Cost" means the aggregate cost of all materials and services, including labor performed by force account.
"Days" means calendar days and shall be computed pursuant to ARS § 1-243.
"Exhibit" means any item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the solicitation.
"Governing Body" means any group comprised of elected or appointed officials, such as School District Governing Boards, City Councils,
County Supervisors, Board of Regents, etc., which has the authority to make fiduciary decisions for a Member organization.
"Gratuity" means a payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or
promised, unless consideration of substantially equal or greater value is received.
"Materials" means all property, including equipment, supplies, printing, insurance and leases of property but does not include land, a
permanent interest in land or real property or leasing space.
"Member" means the non-profit entities, public and private schools (including independent school districts and charter schools), education
service centers, colleges, universities, municipalities, counties, political subdivisions, and other governmental entities and agencies
throughout the United States that have followed local governing authority allowing them to utilize contracting vehicles procured and
administered by 1 GPA.
"Offer" means a response to a Solicitation.
"Person" means any corporation, business, individual, union, committee, club, other organization or group of individuals.
"Procurement Officer" means the person duly authorized to enter into and administer Contracts and make written determinations with
respect to this Solicitation or his or her designee.
"Purchase Order or PO" means the agreed-upon purchase order or other form of binding contract document between the 1 GPA member
and the Vendor which is used in making a purchase under a 1 GPA contract.
"Responsible Bidder or Offeror" means a person who at the time of contract award has the capability to perform the Contract
requirements with the integrity and reliability which will assure good faith performance.
"Responsive Bidder or Offeror" means a person who submits a bid or proposal which conforms in all material respects to the Invitation
for Bids or Request for Proposals.
"Services" means the furnishing of labor, time or effort by a contractor or subcontractor which does not involve the delivery of a specific
end product other than required reports and performance, but does not include employment agreements or collective bargaining
agreements.
"Solicitation" means an Invitation for Bids ("IFB"), a Request for Proposal ("RFP"), or a Request for Quotations ("RFQ").
"Solicitation Amendment" means a written document that is authorized by the Procurement Officer and issued for the purpose of making
changes to the Solicitation.
"Subcontract" means any Contract, express or implied, between the Contractor and another party or between a subcontractor and another
party delegating or assigning, in whole or in part, the making or furnishing of any material or any service required for the performance of the
Contract.
1GPA
22-00PV
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UNIFORM INSTRUCTIONS TO BIDDERS
1.
Inquiries
A.
Duty to Examine - It is the responsibility of each Bidder to examine the entire Solicitation, seek clarification in writing, and check
its Bid for accuracy before submitting the Bid. Lack of care in preparing a Bid shall not be grounds for withdrawing the Bid after
the Bid due date and time nor shall it give rise to any Contract claim.
B.
Solicitation Contact Person - Any inquiry related to a Solicitation, including any requests for or inquiries regarding standards
referenced in the Solicitation, shall be directed solely to the Solicitation contact person.
C.
Submission of Inquiries - Questions and/or clarifications concerning this IFB will be accepted in writing through November 10,
2022 by 5:00 p.m. Request shall be transmitted via email or submitted through the OpenGov Procurement online portal located
at https://procurement.opengov.com/portal/1gpa. Responses and amendments to this IFB, if necessary, are scheduled to be
issued by November 11, 2022 by 5:00 p.m. No Bidder may rely upon oral responses made by any 1 GPA employee or any
representative. For further assistance concerning this IFB,
contact Rebecca Seifert,
Procurement Specialist at
rseifert@1 GPA.erg.
D.
Solicitation Amendments/Addenda - The Solicitation shall only be modified by a Solicitation Amendment or Addendum. 1GPA
will not be responsible for Bidders adjusting their Bid based on oral instructions by any member of 1 GPA or lead agency personnel.
E.
Pre-Bid Conference - If a Pre-Bid Conference has been scheduled under this Solicitation, the date, time, and location shall
appear on the Solicitation cover sheet or elsewhere in the Solicitation. A Bidder should raise any questions it may have about the
Solicitation or the procurement at that time. A Bidder may not rely on any verbal responses to questions at the conference.
Material issues raised at the conference that result in changes to the Solicitation shall be answered solely through a written
Solicitation Amendment or Addendum.
F.
Bid Opening - Bids shall be electronically submitted via OpenGov Procurement prior to the specified due date and time. Bids
shall be opened immediately following the bid due date and time, and at the place designated on the cover page of this document,
unless amended in writing by 1GPA. The name of each Bidder and the pricing submitted will be read at this time. All Bids and
any modifications and other information received in response to the Invitation for Bid shall be shown only to authorized 1 GPA
personnel having a legitimate interest in the evaluation. After contract award, the Bids and evaluation document shall be open
for public inspection.
G. Time Stamp - Bids will be time stamped when received by OpenGov Procurement. Bids will be accepted up to but no later than
the time indicated in the Invitation for Bid (IFB). Bids received after the time stated in the IFB will not be considered and will
remain unopened. Bidders assumes the risk of any delay in their submission. 1 GPA strongly recommends that you give yourself
sufficient time and at least ONE (1) day before Bid Due Date and Time to begin the uploading process and to finalize your
submission.
H.
Persons with Disabilities - Persons with a disability may request a reasonable accommodation, such as a sign language
interpreter, by contacting the appropriate Solicitation contact person. Requests shall be made as early as possible to allow time
to arrange the accommodation.
2.
Bid Preparation
A.
Forms - A Bid shall be submitted either on the forms provided in this Solicitation or their substantial equivalent. Any substitute
document for the forms provided in this Solicitation will be legible and contain the same information requested on the form.
B.
Typed or Ink Corrections - The Bid should be typed or in ink. Erasures, interlineations or other modifications in the Bid should
be initialed in ink by the person signing the Bid. Modifications shall not be permitted after Bids have been opened except as
otherwise provided under MC R?-2-1030.
C.
Signature{s) on Bids - The Bid and Contract Acceptance document should be submitted with an original ink signature or
electronic signature by the person authorized to sign the Bid. Failure to sign the Bid and Contract Acceptance document may
result in rejection of the Bid.
D.
Exceptions to Terms and Conditions - All exceptions included with the Bid shall be submitted in a clearly identified separate
section of the Bid in which the Bidder clearly identifies the specific paragraphs of the Solicitation where the exceptions occur. Any
1GPA
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UNIFORM INSTRUCTIONS TO BIDDERS
exceptions not included in such a section shall be without force and effect in any resulting Contract unless such exception is
specifically referenced by the Procurement Officer in a written statement. The Bidder's preprinted or standard terms will not be
considered as a part of any resulting Contract. A Bid that takes exception to a material requirement of any part of the Solicitation,
including terms and conditions, shall be rejected.
E.
Subcontracts - Bidder shall clearly list any proposed subcontractors and the subcontractor's proposed responsibilities in the
Bid.
F.
Cost of Bid Preparation - 1 GPA will not reimburse any Bidder the cost of responding to a Solicitation.
G. Solicitation Amendments/Addenda - Unless otherwise stated in the Solicitation, each Solicitation Amendment or Addendum
should be acknowledged by the person signing the Bid. Failure to acknowledge a material Solicitation Amendment or Addendum
or to follow the instructions for acknowledgement of the Solicitation AmendmenUAddendum may result in rejection of the Bid.
H.
Provision of Tax Identification Numbers - Bidders are required to provide their Arizona Transaction Privilege Tax number
and/or Federal Tax Identification number, if applicable, in the space provided on the Bid and Acceptance form and provide the
tax rate and amount, if applicable, on the Price Sheet.
I.
Taxes
1.
Federal Excise Tax - Arizona School Districts/public entities are exempt from certain Federal Excise Tax on manufactured
goods.
2.
Transaction Privilege Taxes -Arizona School Districts/public entities are subject to all applicable state and local transaction
privilege taxes. Transaction Privilege Taxes in Arizona include State, County and City taxes.
3.
Property Taxes - Arizona School Districts/public entities do not pay state property taxes.
4.
Taxes on Shipping - Transaction privilege tax may not be collected on delivery charges to the Member's location if
separately stated on the invoice.
5.
Payment of Taxes - Member is responsible for payment for all taxes listed on the invoice. Contractor is responsible for
collection such taxes and shall forward all taxes to the proper revenue office.
All Other States - Other states may have different tax requirements and laws. The tax laws in each state shall be followed by
the awarded vendor. It is the responsibility of the vendor to be familiar with the laws and statutes in the state in which they are
conducting business.
J.
Disclosure - If the firm, business, or person submitting this Bid has been debarred, suspended or otherwise lawfully precluded
from participating in any public procurement activity, including being disapproved as a subcontractor with any Federal, state, or
local government, or if any such preclusion from participation from any public procurement activity is currently pending, the Bidder
shall fully explain the circumstances relating to the preclusion or proposed preclusion in the Bid. The Bidder shall include a letter
with its Bid setting forth the name and address of the governmental unit, the effective date of this suspension or debarment, the
duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. If suspension or
debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must
be provided.
K.
Solicitation Order of Precedence - In the event of a conflict in the provisions of this Solicitation and any subsequent contracts,
the following shall prevail in the order set forth below:
1.
Addenda/Amendments;
2.
Special, Terms and Conditions;
3.
Uniform General Terms and Conditions;
4.
Scope of Work/Specifications;
5.
Attachments;
6.
Exhibits;
7.
Special Instructions;
8.
Uniform Instructions to Bidders.
L.
Delivery - Unless stated otherwise in the Solicitation, all prices shall be F.O.B. Destination and shall include all delivery and
unloading at the destination(s). Contractor shall provide delivery of goods, and/or performance of services in accordance with
1GPA
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UNIFORM INSTRUCTIONS TO BIDDERS
the needs of the 1 GPA Member. Products delivered must conform to the products listed under this contract and may not be
substituted with nonconforming products. Contractor agrees to pay for and arrange for return of goods that are defective.
3.
Submission of Bid
A.
Bid Submission -
Each Bid shall be submitted electronically to OpenGov Procurement by the due date and time at
https://procurement.opengov.com/portal/1gpa. Submittal instructions for OpenGov Procurement can be found on the last page
of this document under Exhibit A. 1 GPA will not consider a bid submitted by any other method other than OpenGov Procurement.
B.
Bid Amendment or Withdrawal - A Bidder may modify or withdraw a Bid in writing at any time before Bid opening if the
modification or withdrawal is received before the Bid due date and time designated in the Solicitation. A Bid may not be amended
or withdrawn after the Bid due date and time except as otherwise provided under MC R7-2-1028.
C.
Public Record/Confidentiality- Under applicable law, all Bids submitted and opened are public records and must be retained
by 1 GPA. Bids shall be open to public inspection after Contract award, except for such Bids deemed to be confidential by 1 GPA
pursuant to MC R?-2-1006.
If Bidder believes that its Bid contains trade secrets or other proprietary data not be disclosed as otherwise required by ARS §
39-121, a statement advising 1GPA of this fact shall accompany the Bid, and the information shall be so identified wherever it
appears. Requests to deem the entire Bid as confidential, contract terms and conditions, pricing, and information generally
available to the public are not considered confidential information under this Section.
D.
Certification - By signing the Bid and Acceptance form or other official contract form, the Bidder certifies that:
1GPA
1.
The prices have been arrived at independently, without consultation, communication or agreement, for the purpose of
restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor; the prices which
have been quoted have not been nor will not be disclosed directly or indirectly to any other Bidder or to any competitor; nor
attempt has been made or will be made to induce any person or firm to submit or not to submit, a Bid for the purpose of
restricting competition. It did not engage in collusion or other anti-competitive practices in connection with the preparation
or submission of its Bid and that the Bidder has taken steps and exercised due diligence to ensure that no violation of ARS
§ 15-213(0) has occurred; and
2.
It does not discriminate against any employee, applicant for employment or person to whom it provides services because of
race, color, religion, sex, national origin, or disability, and that it complies with all applicable federal, state, and local laws and
executive orders regarding employment, including, Federal Executive Order 11246, Arizona State Executive Order 99-4,
2000-4, ARS § 41-1461 through 1465; and
3.
The Bidder warrants that it and all proposed subcontracts will maintain compliance with Federal Immigration and Nationality
Act (FINA), ARS § 41-4401 and§ 23-214, and all other Federal immigration laws and regulations related to the immigration
status of its employees which requires compliance with Federal immigration laws by employers, contractors and
subcontractors in accordance with the E-Verify Employee Eligibility Verification Program; and
4.
The Bidder has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future
employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted
Bid. Failure to provide a valid signature affirming the stipulations required by this clause shall result in rejection of the Bid.
Signing the Bid with a false statement shall void the Bid, any resulting contract and may be subject to legal remedies provided
by law; and
5.
By submission of this Bid, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency or otherwise
lawfully prohibited from participating in any public procurement activity, including, but not limited to, being disapproved as a
subcontractor of any public procurement unit or other governmental body; and
6.
By submission of this Bid, that no Federal appropriated funds have been paid or will be paid by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of
a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a Cooperative agreement,
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UNIFORM INSTRUCTIONS TO BIDDERS
and the extension, continuation, renewal, amendment, or modification of a Federal Contract, grant, loan or cooperative
agreement; and
7.
In accordance with ARS § 35-392, the Bidder is in compliance and shall remain in compliance with the Export Administration
Act.
8.
The Bidder warrants that it and all proposed subcontracts are not currently engaged in, and agrees for the duration of this
Contract/Agreement that it will not engage in, a boycott of Israel, as that term is defined in ARS § 35-393 and Texas Gov't
Code 2270.002.
9.
The Bidder warrants that it shall comply with the fingerprinting requirements, unless otherwise exempted, in accordance with
ARS § 15-512.
4.
Additional Information
A.
Unit Price Prevails - Where applicable, in the case of discrepancy between the unit price or rate and the extension of that unit
price or rate, the unit price or rate shall govern.
B.
Taxes - The amount of any applicable transaction privilege or use tax of a political subdivision of the state of Arizona is not a
factor in determining the lowest Bidder.
C.
Late Bids, Modifications or Withdrawals - A Bid, Modification or Withdrawal submitted after the exact Bid due date and time
shall not be considered except under the circumstances set forth in MC R7-2-1028(8).
D.
Disqualification - The Bid of a Bidder who is currently debarred, suspended or otherwise lawfully prohibited from any public
procurement activity may be rejected.
E.
Bid Acceptance Period - A Bidder submitting a Bid under this Solicitation shall hold its Bid open for the number of days from
the due date that is stated in the Solicitation. If the Solicitation does not specifically state a number of days for the Bid acceptance,
the number of days shall be ninety (90).
F.
Payment- Payments shall comply with the requirements of ARS Titles 35 and 41, Net 30 days. Upon receipt and acceptance
of goods or services, the Contractor shall submit a complete and accurate invoice for payment within thirty (30) days.
G. Waiver and Rejection Rights - Notwithstanding any other provision of the solicitation, 1 GPA reserves the right to:
1.
Waive any minor informality;
2.
Reject any and all Bids or portions thereof; or
3.
Cancel the Solicitation.
5.
Award
A.
Number or Types of Awards - Where applicable, the 1GPA reserves the right to make multiple awards or to award a Contract
by individual line item, by a group of line items, or categories, by an incremental award, by region, or by location, as indicated
within the Special Instructions, Terms and Conditions. The award will be limited to the least number of Bidders that 1GPA
determines is necessary to meet the needs of its Members.
B.
Contract Inception - A Bid does not constitute a Contract nor does it confer any rights on the Bidder to the award of a Contract.
A Contract is not created until the Bid is accepted in writing by 1 GPA and the Lead Agency with an authorized signatures on the
Bid and Acceptance form. A letter or other notice of award or of the intent to award shall not constitute acceptance of the Bid.
C.
Effective Date - The effective date of this Contract shall be the date that 1GPA and the Lead Agency signs the Bid and
Acceptance form or other official contract form, unless another date is specifically stated in the Contract.
6.
Protests
A protest shall comply with and be resolved according to Arizona Department of Education School District Procurement Code Rule
MC R7-2-1141 through R7-2-1153. Protests shall be in writing and be filed with the 1GPA/lead agency representative, Eva Calles,
Director of Purchasing.
1GPA
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UNIFORM INSTRUCTIONS TO BIDDERS
A.
Protest shall include:
1.
The name, addresses, and telephone number of the interested party;
2.
The signature of the interested party or the interested party's representative;
3.
Identification of the purchasing agency and the Solicitation or Contract number;
4.
A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and
5.
The form of relief requested.
B. The interested party shall supply any other information requested by 1GPA or lead agency within 10 days of the request.
C.
The interested party may file a written request with the district representative for an extension of the time limit for providing
additional information set forth in subsection (B). The written request shall be filed before the expiration of the time limit set forth
in subsection (B) and shall set forth good cause as to the specific reason that the interested party is unable to provide the
additional information with the 10 days. The district representative shall approve or deny the request in writing, state the reasons
for the determination, and if an extension is granted, set forth a new date for submission of the filing.
D. Protests based upon alleged improprieties in a solicitation that are apparent before the due date and time for responses to the
Solicitation, shall be filed before the due date and time for responses to the Solicitation.
E.
In cases other than those covered in section D of the section, the interested party shall file the protest within 10 days after 1 GPA
makes the procurement file available for public inspection.
F.
The interested party may file a written request for an extension of the time limit for protest filing. The written request for an
extension shall be filed with the 1 GPA Representative before the expiration of the time limit and shall set forth good cause as to
the specific action or inaction of 1 GPA that resulted in the interested party being unable to file the protest within the 10 days. The
1 GPA representative shall approve or deny the request in writing, state the reasons for the determination, and, if an extension is
granted, set forth a new date for submission of the filing.
1GPA
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UNIFORM TERMS AND CONDITIONS
1.
Cooperative Purchasing
A.
Cooperative Purchasing - This contract is based on the need for 1 GPA to provide the economic benefits of volume purchasing
and reduction in administrative costs through cooperative purchasing to schools and other Members. Although contractors may
restrict sales to certain public units (e.g. state agencies, local government units), any contract that prohibits sales from being
made to public school districts may not be considered. Sales without restriction to any members are preferred.
B.
Cooperative Purchasing Agreements - Cooperative Purchasing Agreements between 1 GPA and its Members have been
established under all procurement laws.
C.
Cooperative Purchasing Contracts - Bidder agrees all prices, terms, warranties, and benefits granted by Bidder to Members
through this contract are comparable to or better than the equivalent terms offered by Bidder to any present customer meeting
the same qualifications or requirements.
Nothing in this solicitation is intended to establish a most favored customer relationship between 1 GPA and contractor. Contractor
may respond to any solicitation without regard to this contract. If contractor offers lower prices to any of its other customers, it
may lower its prices to 1 GPA at the same time by written notice.
D.
Non-Exclusive Contract - Any contract resulting from this solicitation shall be awarded with the understanding and agreement
that it is for the sole convenience of 1 GPA members. 1 GPA and its membership reserve the right to obtain like goods and services
from other sources.
E.
Lead Agency - A Lead Agency is a well-established and well respected government agency who facilitates the competitive
bidding process by being a part of the process from start to finish. The Lead Agency also provides Board Approval for the award
of contracts resulting from each Solicitation. The Lead Agency for this IFB is Paradise Valley Unified School District.
2.
Contract Interpretation
A.
Application of Law- The Arizona Procurement Code, Title 41, Chapter 23, applies to this Contract including, where applicable,
the Uniform Commercial Code as adopted by the State of Arizona and the Arizona School District Procurement Code, Arizona
Revised Statutes (ARS) § 15-213, and its implementing rules, Arizona Administrative Code (MC) Title 7, Chapter 2, Articles 10
and 11.
For all other states this procurement shall be governed by, construed, and enforced in accordance with the laws of each state in
which 1 GPA is conducting business under this contract. It is the responsibility of the awarded vendor and member to ensure this
solicitation and ensuing contract complies with the State laws in which they are conducting business regarding use of a
cooperative contract.
B.
Implied Contract Terms - Each Provision of law and any terms required by law to be in this Contract are a part of this Contract
as if fully stated in it.
C.
Relationship of Parties - Vendors receiving contracts under this solicitation are independent contractors. Neither party to this
contract, nor any Member, shall be deemed to be the employee or agent of the other party to the contract.
D.
Severability - The provisions of this Contract are severable to the extent that any provision or application held to be invalid shall
not affect any other provision or application of the Contract.
E.
No Parol Evidence - This Contract is intended by the parties as a final and complete expression of their agreement. No course
of prior dealings between the parties and no usage of the trade shall supplement or explain any terms used in this document.
F.
No Waiver - Either party's failure to insist on strict performance of any term or condition of the Contract shall not be deemed
waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature
of the performance and fails to object to it.
3.
Contract Administration and Operation
1GPA
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UNIFORM TERMS AND CONDITIONS
A.
Records - Under ARS § 35-214 and 35-215, the Contractor shall retain and shall contractually require each Subcontractor to
retain all data and other records ("records") relating to the acquisition and performance of the Contract for a period of five years
after the completion of the Contract.
B.
Audit -At reasonable times during the term of this Contract and five (5) years thereafter, the Contractor's or any Subcontractor's
books and records shall be subject to audit by 1 GPA or Member and, where applicable, the Federal Government, to the extent
that the books and records relate to the performance of the Contract or Subcontract.
C.
Inspection and Testing - The Contractor agrees to permit access to its facilities, Subcontractor facilities and the Contractor's
processes for producing the materials, at reasonable time for inspection of the materials and services covered under this Contract.
1 GPA or its Members shall also have the right to test at its own cost the materials to be supplied under this Contract. Neither
inspection at the Contractor's facilities nor testing shall constitute final acceptance of the materials.
If 1 GPA or Member
determines non-compliance of the materials, the Contractor shall be responsible for the payment of all costs incurred by 1 GPA
or Member for testing and inspection.
D.
Notices - Notices to the Contractor required by this Contract shall be made by 1 GPA to the person indicated on the Bid and
Acceptance form submitted by the Contractor unless otherwise stated in the Contract. Notices to 1 GPA required by the Contract
shall be made by the Contractor to the Solicitation Contact Person indicated on the Solicitation cover sheet, unless otherwise
stated in the Contract. An authorized Procurement Officer and an authorized Contractor representative may change their
respective person to whom notices shall be given by written notice and an Amendment to the Contract shall not be necessary.
E.
Advertising and Promotion of Contract - Bidder shall not advertise or publish information concerning this solicitation prior to
an award being announced by 1GPA. After award, contractor(s) may advertise the availability of products and services to
Member. Any promotional marketing materials using the 1GPA logo must be approved by 1GPA in advance.
F.
Administration Fee - 1 GPA has an Administrative Fee of .01 (1 %). The Administrative Fee shall be included in the Bidder's net
pricing and is the responsibility of the contractor. Vendor shall not add the administration fee to approved contract prices post
award. The Administrative Fee shall be a part of the Vendor's unit prices and is not to be charged directly to the customer in the
form of a separate line item.
G. Usage Reports - The Usage Report will be the established communication between the awarded contractor and 1 GPA of all
contract activity. The contractor shall provide contract Usage Reports to 1 GPA on a regular schedule as established by the
contractor. 1 GPA will accept Monthly or Quarterly reporting arrangements which shall be made at the time of contract award.
H.
Submission of Usage Reports - Within ten (10) days following the end of the arranged reporting schedule, the contractor shall
submit their Usage Report via the 1 GPA Vendor Portal.
I.
Purchase Orders/Contracts - All purchase orders and/or contracts issued to the contractor in reference to 1 GPA shall be
submitted at the same time as the Usage Report. All purchase orders and/or contracts should be zipped in a single file and
submitted as an attachment in the same email as the usage report in which they are referenced. 1GPA is audited on an annual
basis & documentation is necessary for compliance. Failure to submit purchase orders and/or contracts may result in contract
cancellation. 1 GPA awarded vendors will need to verify the entity is a Member by checking the membership list at the link below
before accepting Purchase Orders. If the entity is not on the membership list then the vendor will need to request the entity to
reach out to 1 GPA and sign and get approved the 1 GPA membership.
https ://www .d ropbox. com/s/9 i5d6xhsmob ?hcp/1 %20-%20PU BLISH E D%20Mem bersh ip%20 List.xlsx?d I =O
J.
Invoicing of Administration Fee - Upon receipt of contractor's Usage Report, 1 GPA will generate an invoice which is calculated
as: Administrative Fee (1 %) multiplied by the Total Sales Transactions as stated in the Usage Report.
Contractor's failure to
remit administrative fees in a timely manner consistent with the contract's requirements may result in 1 GPA exercising any
recourse available under the contract or as provided for by law. All administrative fees not paid when due shall bear interest at a
rate of 1 1/2% per month until paid in full.
Administrative Fees shall be paid to "1 GPA" and mailed to:
1GPA
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1910 W. Washington Street
Phoenix, AZ. 85009
4.
Costs and Payments
UNIFORM TERMS AND CONDITIONS
A.
Ordering Procedures - Purchase Orders are issued by 1 GPA members to the Vendor according to this Contract. Members and
Vendors must send Purchase Orders to 1GPA at maiken@1gpa.org.
B.
Billings - Contractor shall invoice Member after delivery of goods and/or services. All invoices shall list the applicable Member
purchase order and 1 GPA contract number. Contractor will invoice Member directly.
C.
Payment - Payment terms are Net thirty (30) from receipt of Contractor's invoice
D.
Progress Payments -1GPA will permit Members to make progress payments under the following conditions:
1.
Member and Contractor agree to the terms of the progress payments prior to issuing a purchase order
2.
Purchase order describes the amounts or percentages and the dates or frequency of payments
3.
Payments are made in full compliance with Member's local governing entity rules
E.
Tax Indemnification - Contractor and all Subcontractors shall pay all federal, state, and local taxes applicable to its operation
and any persons employed by the Contractor. Contractor shall, and require all Subcontractors to hold the Member harmless from
any responsibility for taxes, damages and interest, if applicable, contributions required under federal, and/or state and local laws
and regulations and any other costs including transaction privilege taxes, unemployment compensation insurance, Social Security
and Worker's Compensation.
F.
IRS W-9 - In order to receive payment under any resulting Contract, Contractor shall have a current IRS W-9 Form on file with
each Member.
G. Availability of Funds for the Next Fiscal Year - Funds may not presently be available for performance under this Contract
beyond the current fiscal year. No legal liability on the part of the Member for any payment that may arise under this Contract
beyond the current fiscal year until funds are made available for performance of the Contract. It is the responsibility of the Member
to make reasonable efforts to secure such funds.
5.
Contract Changes
A.
Amendments - The Contract may be modified only through a Contract Amendment within the scope of the Contract signed by
the Procurement Officer. Changes to the Contract, including the addition of work or materials, the revision of payment terms, or
the substitution of work or materials, directed by an unauthorized employee or made unilaterally by the Contractor are violations
of the Contract and or applicable law. Such changes, including unauthorized written Contract Amendments, shall be void and
without effect, and the Contractor shall not be entitled to any claim and this Contract based on those changes.
B.
Subcontracts - The Contractor shall not enter into any Subcontract under this Contract without the advance written approval of
the Procurement Officer. The Subcontract shall incorporate by reference the terms and conditions of this Contract.
C.
Assignment and Delegation - Contractor shall not assign any right or interest nor delegate any duty under this Contract without
the prior written approval of 1 GPA. 1 GPA shall not unreasonably withhold approval.
D.
Novation - If contractor sells or transfers all assets or the entire portion of the assets used to perform this contract, a successor
in interest must guarantee to perform all obligations under this contract. 1GPA reserves the right to accept or reject any new
party. A simple change of name agreement will not change the contractual obligations of contractor.
E.
Contract Placed on Hold - 1 GPA shall have the ability to place a contract on hold, if it is deemed necessary to address ongoing
problems with an awarded contract. Details of the decision to place the contract on hold shall be provided in a written deficiency
notice. A reasonable amount of time shall be provided to contractor to address issues in the written deficiency notice.
6.
Risk and Liability
1GPA
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UNIFORM TERMS AND CONDITIONS
A.
Risk of Loss - Contractor shall bear all loss of conforming material covered under this Contract until received by authorized
personnel at the location designated in the purchase order or Contract. Mere receipt does not constitute final acceptance. The
risk of loss for nonconforming materials shall remain with the Contractor regardless of receipt.
B.
General Indemnification -To the extent permitted by law, 1GPA and its Members shall be indemnified and held harmless by
the Contractor for its vicarious liability as result of entering into this Contract. Each party to this Contract is responsible for its
own negligence.
C. Indemnification - Patent and Copyright - To the extent permitted by law, Contractor shall indemnify and hold harmless 1 GPA
and its Members against any liability, including costs and expenses, for infringement of any patent, trademark, or copyright arising
out of Contract performance or use by the 1 GPA or Member of materials furnished or work performed under this Contract. 1 GPA
or Member shall reasonably notify the Contractor of any claim for which it may be liable under this paragraph.
D.
Force Majeure
1.
Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to
the extent that such party's performance of this Contract is prevented by reason of force majeure. The term "force majeure"
means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without
limiting the foregoing, force majeure includes acts of God; acts of the public enemy; war; riots; strikes; mobilization; labor
disputes; civil disorders; fire; flood; lockouts; injections-intervention-acts; or failures or refusals to act by government authority;
and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent
by exercising reasonable diligence.
2.
Force Majeure shall not include the following occurrences:
a.
Late delivery of equipment or materials caused by congestion at a manufacturer's plant or elsewhere, or an oversold
condition of the market; or
b.
Late performance by a Subcontractor unless the delay arises out of a force majeure occurrence in accordance with this
force majeure term and condition; or
c.
Inability of either the Contractor or any Subcontractor to acquire or maintain any required insurance, bonds, licenses, or
permits.
3.
If either party is delayed at any time in the progress of the work by force majeure, the delayed party shall notify the other
party in writing of such delay, as soon as is practicable and no later than the following working day, of the commencement
thereof and shall specify the causes of such delay in such notice. Such notice shall be delivered or mailed certified-return
receipt, and shall make a specific reference to this article, thereby invoking its provisions. The delayed party shall cause such
delay to cease as soon as practicable and shall notify the other party in writing when it has done so. The time of completion
shall be extended by Contract Amendment for a period of time equal to the time that results or effects of such delay prevent
the delayed party from performing in accordance with this Contract.
4.
Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any claim for
damages or loss of anticipated profits if, and to the extent that such delay or failure is caused by force majeure.
7.
Warranties
A.
Liens - The Contractor warrants that the materials supplied under this Contract are free of liens.
B.
Quality - Unless otherwise modified elsewhere in these terms and conditions, the Contractor warrants that, for one year after
acceptance by the School DistricUPublic Entity of the materials or services, they shall be:
1.
A quality to pass without objection in the trade under the Contract description;
2.
Fit for the intended purposes for which the materials or services are used;
3.
Within the variations permitted by the Contract and are of even kind, quality, and quality within each unit and among all units;
4.
Adequately contained, packaged and marked as the Contract may require; and
5.
Conform to the written promises or affirmations of fact made by the Contractor.
1GPA
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UNIFORM TERMS AND CONDITIONS
C.
Fitness - Contractor warrants that any material or service supplied to 1 GPA or its Members shall fully conform to all requirements
of the contract and all representations of the Contractor, and shall be fit for all purposes and uses required by the Contract.
D. Inspection/Testing - The warranties set forth in in this section shall not affected by inspection or testing of, or payment for the
materials or services by 1 GPA Members.
E.
Compliance with Applicable Laws - The materials and services supplied under this Contract shall comply with all applicable
federal, state and local laws, and the Contractor shall maintain all applicable licenses and permits.
F.
Survival of Rights and Obligations after Contract Expiration or Termination
1.
Contractor's Representations and Warranties. All representations and warranties made by the Contractor under this Contract
shall survive the expiration of termination hereof. In addition, the parties hereto acknowledge that pursuant to ARS § 12-
510, except as provided in ARS § 12-529, 1GPA and its Members are not subject to or barred by any limitations of actions
prescribed in ARS Title 12, Chapter 5.
2.
Purchase Orders. The Contractor shall, in accordance with all terms and conditions of the Contract, fully perform and shall
be obligated to comply with all purchase orders received by the Contractor prior to the expiration or termination hereof, unless
otherwise directed in writing by the Procurement Officer, including, without limitation, all purchase orders received prior to
but not fully performed and satisfied at the expiration or tennination of this Contract.
8.
Contractual Remedies
A.
Right to Assurance - If 1 GPA in good faith has reason to believe that the Contractor does not intend to, or is unable to perform
or continue performing under this Contract, 1 GPA may demand in writing that the Contractor give a written assurance of intent or
ability to perform. Failure by the Contractor to provide written assurance within the number of days specified in the demand may,
at 1 GPA's option, be the basis for terminating the Contract under the Uniform General Terms and Conditions.
B. Nonconforming Tender - Materials supplied under this Contract shall fully comply with the Contract. The delivery of materials
or a portion of the materials in an installment that do not fully comply constitutes a breach of Contract. On delivery of
nonconforming materials, 1 GPA may terminate the Contract for default under applicable tennination clauses in the Contract,
exercise any of its remedies under the Uniform Commercial Code, or pursue any other right or remedy available to it.
C. Right of Offset - 1 GPA and its Members shall be entitled to offset against any sums due the Contractor, any expenses or costs
incurred or damages assessed by 1 GPA or its Members concerning the Contractor's nonconforming performance or failure to
perform the Contract, including expenses, costs and damages described in the Unifonn General Terms and Conditions.
9.
Contract Tennination
A.
Cancellation for Conflict of Interest- Pursuant to ARS § 38-511 and AAC R7-2-1087(F) 1GPA may cancel this Contract within
three (3) years after Contract execution without penalty or further obligation if any person significantly involved in initiating,
negotiating, securing, drafting, or creating the Contract on behalf of 1GPA is, or becomes at any time while the Contract or an
extension the Contract is in effect, an employee of or a consultant to any other party to this Contract with respect to the subject
matter of the Contract. The cancellation shall be effective when the Contractor receives written notice of the cancellation unless
the notice specifies a later time.
B. Personal Gifts or Benefits - 1GPA may, by written notice, terminate the Contract, in whole or in part, if 1GPA determines that
any person or vendor has offered, conferred or agreed to confer any personal gift or benefit on any employee who supervised or
participated in the planning, recommending, selecting or contracting of the Contract, in accordance with ARS § 15-213(0) and
AAC R7-2-1087(G).
C.
Gratuities - 1GPA may, by written notice, terminate the Contract in whole or in part, if 1GPA detennines that employment or a
gratuity was offered or made by the Contractor or a representative of the Contractor to any officer or employee of 1 GPA for the
purpose of influencing the outcome of the procurement or securing the Contract, an amendment to the Contract, or favorable
1GPA
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UNIFORM TERMS AND CONDITIONS
treatment concerning the Contract, including making of any determination or decision about contract performance in accordance
with AAC R7-2-1087(H).
D.
Suspension or Debarment - 1GPA may, by written notice to the Contractor, immediately terminate this Contract if 1GPA
determines that the Contractor has been disbarred, suspended or otherwise lawfully prohibited from participating in any public
procurement activity, including but not limited to, being disapproved as a Subcontractor of any public procurement unit or other
governmental body.
E.
Termination for Convenience - 1 GPA reserves the right to terminate the Contract, in whole or in part at any time, when in the
best interests of its Members without penalty recourse. The Contractor shall be entitled to receive just and equitable compensation
for work in progress, work completed, and materials accepted before the effective date of the termination.
F.
Cancellation for Non-Performance or Contractor Deficiency-1GPA may terminate any contract if Members have not used
the contract, or if purchase volume is determined to be "low volume" in any 12-month period. 1GPA reserves the right to cancel
the whole or any part of this contract due to failure by contractor to carry out any obligation, term or condition of the contract.
1GPA may issue a written deficiency notice to contractor for acting or failing to act in any of the following:
1.
Providing material that does not meet the specifications of the contract;
2.
Providing work and/or material that was not awarded under the contract;
3.
Failing to adequately perform the services set forth in the scope of work and specifications;
4.
Failing to complete required work or furnish required materials/product within a reasonable amount of time:
5.
Failing to make progress in performance of the contract and/or giving 1GPA reason to believe that the contractor will not or
cannot perform the requirements of the contract; and or
6.
Performing work or providing services under the contract prior to receiving a Member's purchase order for such work.
Upon receipt of a written deficiency notice, contractor shall have ten (10) days to provide a satisfactory response to 1 GPA. Failure
to adequately address all issues of concern may result in contract cancellation. Upon cancellation under this paragraph, all goods,
materials, work, documents, data and reports prepared by contractor under the contract shall become the property of the Member
on demand.
G.
Contractor Cancellation - Contractor may cancel this contract at any time upon thirty (30) days prior written notice to 1GPA or
on the yearly anniversary of the contract. Termination shall have no effect on projects in progress at the time the notice of
cancellation is received by 1GPA.
H. Continuation of Performance through Termination - The Contractor shall continue to perform, in accordance with the
requirements of the Contract, up to the date of termination, as directed in the termination notice.
10. Contract Claims
Contract claims and controversies under this Contract shall be resolved according to Arizona Department of Education School
District Procurement Code Rule AAC R7-2-1155 through R7-2-1159.
Any dispute involving a 1 GPA member and Vendor outside of Arizona shall be governed by the laws of the state of the 1 GPA
member, without regard to its provisions on conflicts of laws, and exclusive jurisdiction and venue shall lie in the city, county, and
state of the 1GPA member.
11. Federal and State Requirement
A.
Compliance with Federal and State Requirements - Vendor shall comply with all applicable federal, state, and local laws,
statutes, ordinances, standards, orders, rules, and regulations, including, as applicable, workers' compensation laws, minimum
and maximum salary and wage statutes and regulations, prompt payment and licensing laws and regulations.
Vendor shall comply, when working on any federally assisted projects with the following:
1.
The Contract Work hours and Safety Standards Act, (40 U.S.C. §3701 - 3708; 29 CFR Part 5)
2.
Davis-Bacon Act, (40 U.S.C. §276a / 29 CFR Part 5)
1GPA
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UNIFORM TERMS AND CONDITIONS
3.
Copland Anti-Kickback Act, (18 U.S.C. §874 / 29 CFR Part 5)
4.
Equal Opportunity Employment requirements (Executive Order 11246 and 11375 / 41 CFR Chapter 60)
5.
McNamara-O'Hara Service Contract Act (41 U.S.C. 351),
6.
Section 306 of the Clean Air Act (42 U.S.C. § 1857h,
7.
Section 508 of the Clean Water Act (33 U.S.C. § 1368),
8.
Executive Order 11738, Environmental Protection Agency regulations (40 CFR Part 15).
9.
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200)
10. Education Department General Administrative Regulations, 2 CFR Parts 200 and 3474, and 34 CFR Parts 75-77 and 81
("EDGAR"),
11. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan
issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871)
12. All applicable requirements and regulations, including those related to reporting, patent rights, copyrights, data rights and
those mandated by federal agencies making awards of federal funds to 1 GPA members.
B.
Offshore Performance - Due to security and identity protection concerns, direct services under any subsequent contract shall
be performed within the borders of the United States. Any services that are described in the specifications or scope of work that
directly serve the school district(s) or charter school(s) or its clients and may involve access to secure or sensitive data or personal
client data or development or modification of software for the State shall be performed within the borders of the United States.
Unless specifically stated otherwise in the specifications, this definition does not apply to indirect or "overhead" services,
redundant back-up services or services that are incidental to the performance of the contract. This provision applies to work
performed by subcontractors at all tiers.
C.
Contractor's Employment Eligibility- By entering the contract, Contractor warrants compliance with ARS § 41-4401, ARS §
23-214, the Federal Immigration and Nationality Act (FINA), and all other federal immigration laws and regulations. 1GPA or
Member may request verification of compliance from any Contractor or subcontractor performing work under this Contract. 1 GPA
or Member reserves the right to confirm compliance in accordance with the applicable laws. Should 1 GPA or Member suspect
or find that the Contractor or any of its subcontractors are not in compliance, 1GPA or Member may pursue any and all remedies
allowed by law, including, but not limited to: suspension of work, termination of the Contract for default and suspension, and/or
debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.
D.
Davis-Bacon - For Federally funded projects subject to the Davis-Bacon Act, the Member shall specify the applicable Davis-
Bacon wage decision, prior to the contractor providing a firm price quotation for the proposed project. The wage decision shall
be identified by the WD Number, modification number, and date of the wage decision.
E.
Fingerprint and Background Checks -
In accordance with ARS § 15-512(H), a contractor, subcontractor or vendor, any
employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis at an individual school
may be required to obtain a valid fingerprint clearance card pursuant to Title 41, Chapter 12, Article 3.1. An exception to this
requirement may be made as authorized in governing board policy of the Member District.
F.
Terrorism Country Divestments - Per ARS § 35-392, 1GPA and its Members are prohibited from purchasing from a company
that is in violation of the Export Administration Act.
G. Registered Sex Offender Restrictions - For work to be performed at schools, contractor agrees that no employee or employee
of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or
are reasonably expected to be present. Contractor agrees that a violation of this condition shall be considered a material breach
and may result in the cancellation of the purchase order at the Member's discretion. Contractor must identify any additional costs
associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional
charge.
H.
Affordable Care Act - Vendor understands and agrees that it shall be solely responsible for compliance with the Patient
Protection and Affordable Care Act, Public Law 111-148 and the Health Care Education Reconciliation Act, Public Law 111-152
(collectively the Affordable Care Act "ACA"). Contractor shall bear sole responsibility for providing health care benefits for its
employees who provide services to the District as required by state or federal law.
1GPA
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UNIFORM TERMS AND CONDITIONS
I.
Boycott of Israel - Arizona public entities and other states as applicable, the member may not enter into a contract with a
company that is currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of Israel.
J.
2 CFR Section 200 (EDGAR) - When a 1 GPA Member seeks to procure goods and services using funds under a federal grant
or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes,
the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal
Awards, 2 CFR 200. All Vendors submitting bids must complete the 2 CFR 200 Certification Form contained within this document.
K.
Minority Businesses - 1 GPA and its Lead Agency have taken all necessary affirmative steps to assure minority businesses,
women's business enterprises, and labor surplus area firms are notified of any bidding opportunities when possible according to
2 CFR Part 200.321.
L.
Civil Rights Compliance - In accordance with 7 CFR Part 210.23, Federal civil rights law and U.S. Department of Agriculture
(USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or
administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or
reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.
M. Texas House Bill 1295 Certificate of Interested Parties - For contract entered into or after January 1, 2016, Texas Government
Code Chapter 2252.908 (H.B. 1295) states that a Texas governmental entity or state agency may not enter into a contract unless
the business entity submits a disclosure of interested parties to the governmental entity or state. The law applies only to a contract
that either (1) requires an action or vote by the governing body or (2) has a value of at least $1 million. Information from the
Commission regarding the requirements, including rules and filing information, are available at the following links:
https://www .ethics.state. tx.us/tec/ 1295-i nfo. htm
https://www.ethics.state.tx.us/whatsnew/fag form 1295.html
https:/ /www.ethics.state.tx.us/whatsnew/elf info form 1295.htm
It is the responsibility of vendors to determine the applicability of, and comply with, all disclosure laws of House Bill 1295.
1GPA
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SPECIAL TERMS AND CONDITIONS
1.
TERM OF CONTRACT: It is 1GPA's intent to award a multi-term contract. The initial term of the resultant contract
shall start on February 8, 2023 and shall continue for a period of one (1) year thereafter, unless terminated, cancelled
or extended as otherwise provided herein.
2.
CONTRACT EXTENSION: 1GPA reserves the right to unilaterally extend the period of any resultant contract month
to month beyond the stated expiration date if that is determined to be in the best interests of Members. In addition, by
mutual written agreement, any resultant contract may be extended for a supplemental period up to a maximum offorty-
eight (48) months in twelve (12) month increments.
3.
RENEWAL OF CONTRACT: Conditions for renewal of the contract shall include, but are not limited to: contract usage,
satisfactory performance of services during the preceding contract term, ability to continue to provide satisfactory
services, continued adherence to the contract requirements, and continued competitive prices for the materials and
services provided under the contract.
4.
CONTRACT TYPE: The term contract shall be a percent-of-discount off manufacturer's price list or catalog, or fixed
price, or a combination of both with indefinite quantities.
5.
FORM OF CONTRACT: The form of contract for this solicitation shall be the Invitation for Bid, and the awarded Bid(s),
and properly issued purchase orders incorporating each member's specific policies and P.O. terms and conditions
referencing the requirements of the Invitation for Bid. Partial offers will be considered.
6.
SUPPLEMENTAL AGREEMENTS: The 1GPA Member and Contractor may enter into a separate supplemental
agreement to further define the level of service requirements over and above the minimum defined in this Solicitation
such as invoice requirements, on campus service specifics, etc. Any supplemental agreement developed as a result of
this Solicitation is exclusively between the Member and Contractor and may not materially change any of the terms
and conditions contained herein. 1 GPA, its agents, members and employees shall not be made party to any claim for
breach of such agreement. Any supplemental agreement between the Member and Contractor is exclusively between
the Member and the Contractor and will be subject to immediate cancellation by the Member (without penalty) if, in the
opinion of the Member, the quality, service and specification requirements and/or the terms and conditions are not
maintained as stated in the supplemental agreement.
7.
BID ACCEPTANCE PERIOD: In order to allow for an adequate evaluation, 1GPA requires a Bid in response to this
solicitation to be valid and irrevocable for ninety (90) days after the opening time and date.
8.
ELECTRONIC SUBMITTAL - REQUIRED: An electronic submission is required. The electronic submission is to be
uploaded online through OpenGov Procurement. Submittal instructions for OpenGov Procurement are found on the
last page of this document under Exhibit A.
9.
BID OPENING: Bids shall be opened on the date and time, and at the place designated on the cover page of this
document, unless amended in writing by 1 GPA. The name of each Bidder and pricing submitted shall be read at this
time. All Bids and any modifications and other information received in response to the Invitation for Bid shall be shown
only to authorized 1GPA personnel having a legitimate interest in the evaluation. After contract award, the Bids and
evaluation document shall be open for public inspection.
10.
TIME STAMP: Bids will be time stamped when received by OpenGov Procurement. Bids will be accepted up to but
no later than the time indicated in the Invitation for Bid (IFB). Bids received after the time stated in the IFB will not be
considered and will remain unopened. Bidder assumes the risk of any delay in their submission. 1 GPA strongly
recommends that you give yourself sufficient time and at least ONE (1) day before Bid Due Date and Time to begin
the uploading process and to finalize your submission.
1GPA
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SPECIAL TERMS AND CONDITIONS
11.
AWARD: Contract(s) shall be awarded to the lowest responsible and responsive Bidder(s) whose Bid(s) conforms in
all material respects to the requirements and evaluation criteria set forth in the Invitation for Bids. No criteria may be
used in bid evaluation that is not set forth in the Invitation for Bids. The amount of any applicable transaction privilege
or use tax of a political subdivision of the state of Arizona is not a factor in determining the lowest Bidder.
12.
MULTIPLE AWARDS: 1GPA has a large number and variety of potential using districts and agencies at locations
throughout the United States. In order to assure that any ensuing contracts will allow 1GPA to fulfill current and future
requirements; 1GPA reserves the right to award contracts to multiple vendors. Such decision will be based upon
consideration for Members' experience with existing products and systems, brand continuity for parts replacement and
future expansion, contractor's ability to provide for a large diverse Membership, geographic areas served. The actual
use of any contract will be at the sole discretion of 1 GPA members. Contracts will be awarded, as applicable, by
individual line item, groups of line items, or categories, incrementally, by region, or by location. The awards will be
limited to the least number of Bidders that 1 GPA determines is necessary to meet the needs of it's Members. Bidder
should consider the fact that 1 GPA may award multiple contracts in preparing their response. The fact that 1 GPA may
make multiple contracts, award only one contract, or to make no awards rests solely with 1 GPA. Bidders are not
required to Bid on all items specified in this Bid.
13.
ADMINISTRATION FEE: 1GPA's .01 (1%) administration fee shall be included in Bidder's net price. Contractor shall
not add the administration fee to approved contract prices.
14.
PRICING: Contract pricing must be based upon:
1) Fixed discount(s) off published price list(s) or catalog(s)
2) Firm fixed price
3) A combination of the above
15.
COMBINATION PRICING: Offers for combination contracts shall clearly identify items covered by discount(s) and
those with fixed prices. Prices for such contracts shall be adjusted as identified for the appropriate contract type above.
16.
DISCOUNTS: Discount bids must clearly identify the minimum percentage of discount to apply to either a manufacturer's
published price list, vendor published catalog, advertised price list, or shelf prices for contract purchases as applicable. At
the time of purchase, Contractor may offer deeper discounts, based on volume or other factors, as applicable. If multiple
discounts apply, Bidder shall clearly indicate the discounts and applicable materials or services. There will be no reduction
of minimum discount(s) during the life of the contract.
17.
PRICE STRUCTURES: Contractors are responsible for providing copies of or access to current product prices.
List Price/Catalogs: Pricing can be provided via an MSRP, a manufacturer's list price, a vendor's catalog or price list,
etc. Contractors shall continuously monitor and provide price updates when available.
Verifiable Price Index: A 24/7 publicly available and verifiable price schedule can be provided. This dynamic pricing
structure is updated automatically as the advertised price updates to market conditions and competitive benchmarking.
This ensures that Members receive savings as the Contractor recognizes them.
18.
PRICE ADJUSTMENT FOR FIXED PRICING: Fixed price schedules may be submitted for any or all items bid under the
contract. Fixed prices shall be firm until each anniversary date of the contract. In the event of an occurrence of one or
more allowable economic price adjustment contingencies, Contractor may submit a fully documented request for a fixed
price list adjustment to 1 GPA that may include a letter from the manufacturer clearly stating the amount of increase and
product lines affected, market/commodity reports, CPI data reports, etc. Contractor shall also submit supporting
documentation that demonstrates that any requested price increase was unpredictable at the time of price list submittal and
1GPA
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SPECIAL TERMS AND CONDITIONS
results from an increased cost to Contractor that was out of their control. Revised price adjustments for fixed pricing will not
become effective until approved by 1GPA.
19.
PRICE REDUCTION: A price reduction adjustment may be offered at any time during the term of a contract and shall
become effective upon notice.
20.
VOLUME DISCOUNTS/PROMOTIONAL SALES:
The awarded vendor may offer volume discounts and/or
promotional sales at any time during the Contract. Discounted/promotional sale prices shall not exceed the current
contract price. The price reduction shall be available to all Members making qualified purchases under the Contract.
A contract amendment is not necessary in order to offer Members promotional sales for contract items.
21.
NEW PRODUCT: New products/services may be added during the term of the contract upon written request providing
it is within the original scope of this IFB. All request are subject to review and approval by 1GPA. Successful vendor
shall be responsible for notifying 1GPA of all discontinued products in writing.
22.
QUANTITIES: 1 GPA estimates considerable activity resulting from this award. Based on historical data from previous
contracts as well as member surveys, 1GPA estimates usage of this contract to $4-$5 Million annually. A current list
of 1 GPA Members may be found at:
https://www.dropbox.com/s/9i5d6xhsmob7hcp/1 %20-%20PUBLISHED%20Membership%20List.xlsx?dl=0
1GPA makes no guarantee or commitment of any kind concerning quantities that will actually be purchased. 1GPA
makes no guarantee or commitment of any kind regarding usage of any contracts resulting from this Solicitation.
23.
MEMBERSHIP VERIFICATION: 1GPA awarded vendors will need to verify the entity is a Member by checking the
membership list at the link above, in paragraph 22, before accepting Purchase Orders. If the entity is not on the
membership list, they will need to reach out to 1 GPA to begin the membership process.
24.
SHIPPING TERMS: Prices shall be F.O.B. Destination or F.O.B. Destination Freight Allowed as indicated under the
cost section of this project to Member's location. Vendor shall retain title and control of all goods until they are delivered
and the contract of coverage has been completed. All risk of transportation and all related charges shall be the
responsibility of the Vendor. All claims for visible or concealed damage shall be filed by the Vendor. 1 GPA Members
will notify the vendor promptly of any damaged goods and shall assist the vendor in arranging for inspection.
25.
DELIVERY: Unless otherwise agreed upon between Bidder and a Member, delivery is desired within thirty (30)
days of receipt of purchase order. Any outstanding items delivered after this date may be canceled and deleted from
the purchase order. Bidder shall be responsible for delivery of items in good condition at point of destination and return
of all items that do not meet specifications. Bidder shall file with carrier all claims for breakage, imperfections and
losses, which will be deducted from invoices.
26.
PROTECTION OF MEMBERS: The Bidder shall protect all furnishings from damage and shall protect the Member's
property from damage or loss arising in connection with this contract. He shall make good any such damage, injury or
loss caused by his operations, or those of his employees, to the satisfaction of the Member. The Bidder shall confine
his equipment, storage of materials and the operation of his workmen to the limits as indicated by the Unit Foreman in
the area in which the work is being performed. Any damage caused to Member's facilities, lawns, etc., shall be repaired
immediately or replaced at no expense to the Member.
1GPA
The successful Bidder shall take all necessary precautions for the safety of students, employees and the public, and
shall comply with all applicable provisions of Federal, State and Municipal Safety Laws. He agrees that he is fully
responsible to the Member for the acts and omissions of any and all persons whether directly or indirectly employed
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SPECIAL TERMS AND CONDITIONS
by him. He shall maintain such insurance as will protect him and the Member from claims or damage for personal
injury, including death, which may arise from operations under this contract.
27.
BRAND NAMES:
Any manufacturer's names, trade names, brand names or catalog numbers used in the
specifications are for the purpose of describing and/or establishing the quality, design and performance required. Any
such reference is not intended to limit or restrict a bid by any vendor but is only enumerated in order to advise potential
Bidders of the requirements of 1 GPA. Any bid which proposes like quality, design or performance will be considered.
28.
DEFECTIVE PRODUCTS: All defective products shall be replaced and exchanged by the Contractor. The cost of
transportation, unpacking, inspection, re-packing, re-shipping or other like expenses shall be paid by the Contractor.
29.
EQUIPMENT AND PRODUCT RECALL NOTICES: In the event of any recall notice, technical service bulletin, or other
important notification affecting equipment or product purchased from this contract, a notice shall be sent to the Contract
Administrator with 1 GPA and the Member. It shall be the responsibility of the Contractor to assure that all recall notices
are sent directly to the agency Member Representative.
30.
SAFETY STANDARDS: All items supplied on this contract must comply with the current applicable occupational safety
and health standards of the State of Arizona Industrial Commission, the National Electric Code, and the National Fire
Protection Association Standards.
31.
RESPONSIBILITY OF BIDDERS: Factors to be considered in determining if a Bidder is responsible may include:
A. The Bidder's financial, material, personal and other resources, including subcontractors;
B. The Bidder's record of performance and integrity;
C. Whether Bidder is qualified legally to contract with the public entity;
D. Whether Bidder supplied all necessary information concerning its responsibility;
E. Complaints on file with the Registrar of Contractors;
F. Prior litigation history.
32.
LICENSES: Contractor shall maintain in current status all federal, state and local licenses and permits required by the
operation of the business conducted by the contractor.
33.
INSPECTION: The job will have a final inspection and acceptance by 1 GPA Member staff. Any discrepancies noted
during the inspection will be corrected prior to final payment. Field inspections will be performed by Member upon
completion of the Project.
34.
DAMAGES: The successful contractor shall be liable for any and all damage caused by him or his employees to the
1GPA Member premises. The Bidder shall hold and save 1GPA and Member free and harmless from liability of any
nature or kind arising from any use, trespass, or damage occasioned by his operations on premises or third persons.
35.
WARRANTY: All workmanship shall be warranted for one year from date of acceptance of project. This will be
submitted in written form to the 1 GPA Member at completion of Project. All items offered shall be covered under the
manufacturer's standard warranty.
36.
BILLINGS: All billing notices shall identify the specific item(s) being billed. ltem(s) are to be identified by name,
model/serial number as most applicable. Any purchase/delivery order issued will refer to the contract number resulting
from this solicitation.
37.
INSURANCE: Bidder agrees to maintain such insurance as will fully protect Bidder, 1 GPA and its Member from any
and all claims under any workers' compensation statute or unemployment compensation laws, and from any and all
other claims of any kind or nature for damage to property or personal injury, including death, made by anyone, that
may arise from work or other activities carried on, under, or facilitated by this Agreement, either by Bidder, its
1GPA
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SPECIAL TERMS AND CONDITIONS
employees, or by anyone directly or indirectly engaged or employed by Bidder. Bidder agrees to maintain such
automobile liability insurance as will fully protect Bidder, 1GPA and its Member for bodily injury and property damage
claims arising out of the ownership, maintenance or use of owned, hired or non-owned vehicles used by Bidder or its
employees, while providing services to 1 GPA Members.
Successful Bidder will be required to provide proof of and maintain comprehensive general liability insurance with a
limit of not less than $1,000,000 per occurrence and $2,000,000 aggregate coverage. Before any orders are processed
under an awarded contract, awarded vendor shall provide a certificate that names 1GPA as the certificate holder. In
addition, awarded vendor shall be willing to provide, upon request, a certificate of insurance to any Member using this
contract.
Successful Bidder will be required to submit proof of and maintain Worker's Compensation and Employer's Liability
Insurance as required by law.
38.
SPILLAGE: Contractor will be responsible for the clean-up of a contamination or spillage resulting from the delivery
and unloading.
39.
KEY PERSONNEL: It is essential that the contractor provide adequate experienced personnel, capable of and devoted
to the successful accomplishment of work to be performed under this contract. The contractor must agree to assign
specific individuals to the key positions.
A. The contractor agrees that, once assigned to work under this contract, key personnel shall not be removed
or replaced without written notice to 1 GPA or Member.
B. If key personnel are not available for work under this contract for a continuous period exceeding 30 calendar
days or are expected to devote substantially less effort to the work than initially anticipated, the contractor
shall immediately notify 1 GPA or Member and shall, subject to the concurrence of the District, replace such
personnel with personnel of substantially equal ability and qualifications.
40.
BIDDER'S EMPLOYEES: Bidder agrees that the individuals provided to 1GPA or Member on a temporary basis are
Bidder's, not 1GPA's or Member's employees.
1GPA
Bidder agrees that it is solely responsible for its own acts and omissions and for those of its employees and that Bidder
and any employees working for Bidder are the sole responsibility of Bidder for the purposes of any and all legal
requirements, including, but not limited to, obligations and liabilities in the following areas:
Workers' Compensation Insurance
Federal and State Unemployment Taxes
Federal and State Withholding and Reporting Requirements
Unemployment Compensation Insurance
Federal, State, and Local Employment Laws
Bidder agrees that it or its employees are not entitled to any benefits or protections that accrue from an employment
relationship with 1GPA, including, but not limited to, health insurance, life insurance, due process rights, and/or
vacation/holiday pay.
1GPA will not provide Bidder or its employees any business registrations or licenses that may be required. 1GPA will
not combine business operations with Bidder.
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SPECIAL TERMS AND CONDITIONS
Neither Bidder nor its employees are to be considered agents or employees of 1GPA for any purpose. It is understood
and agreed that 1GPA does not require Bidder to provide services exclusively to 1GPA and that Bidder and its
employees are free to contract to provide services to other companies while it is under contract with the District.
In compliance with all applicable laws, the Bidder shall, at no charge to 1 GPA, conduct drug/alcohol testing, fingerprint
checks, reference checks and background checks of each individual who will perform services for 1 GPA to ascertain
that there is no history of behavior that would make the individual unsuitable to work with children or work in a school
setting. These checks must be completed before the individual provides any services to the Member. The fingerprint
and background checks will be conducted in accordance with applicable laws, including current Arizona Revised
Statutes§ 15-512 and/or 15-534, as applicable.
At any time, and for any reason, 1 GPA or the Member may request or reject any of Bidder's employees.
Bidder agrees to comply with the Member's rules, regulations, and policies, as the Member may modify from time to
time.
41.
EMPLOYEE IDENTIFICATION: All employees must check in at the front office of each Member site. The employee
must have an identification badge at all times in clear view, with picture ID and name of firm. In addition, the employee
shirt must have the company name on it. Failure to have any of these items will result with the employee being escorted
off property.
42.
FINGERPRINT & BACKGROUND CHECKS:
1GPA anticipates that services under this contract may cause the
contractor and proposed subcontractors to have direct, unsupervised contact with pupils. In accordance with ARS §
15-512(H), a contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor who is
contracted to provide services on a regular basis at an individual school shall be required to obtain a valid fingerprint
clearance card pursuant to title 41, chapter 12, Article 3.1. Therefore, the Contractor and any proposed subcontractors
warrant compliance with ARS subsection 41-4401, ARS subsection 23-214, the Federal Immigration and Nationality
ACT (FINA) and all other federal, state and local immigration laws and regulations related to the immigration status of
its employees. The contractor must have all employees on-site submit to a fingerprint clearance conducted by
Department of Public Safety and all employees must carry fingerprint card at all times. These warranties shall remain
in effect through the term of the contract.
1 GPA may, at its sole discretion, require evidence of compliance during the evaluation process or contract term. Should
1 GPA or Member request evidence of compliance, the Contractor and any proposed subcontractors shall have 5
working days from receipt of the request to supply adequate information. Failure to supply the requested information
or if 1 GPA or Member suspects or finds the Contractor or any of its subcontractors are not in compliance, 1 GPA or
Member may pursue any and all remedies allowed by law, including, but not limited to: non-consideration of contract
award, suspension of work, termination of the contract for default, and suspension and/or debarment of the Contractor.
All costs associated with verification and any remedies are the sole responsibility of the Contractor and any proposed
subcontractor.
43.
BID SECURITY (VENDORS RESPONDING TO CATEGORY I - PAINTING SERVICES): School procurement rules
require that all competitive sealed procurement for construction have bid security, if the amount of construction contract
will exceed the amount established by R7-2-1002(A). Bid security as a percentage of the bid amount is unacceptable,
as this is a term contract with no specific bid amount.
1GPA
Category I - Painting Services Bidders shall inciude acceptable bid security ln the amount of $100,000 with
submission of their Bid. No bid bond is required for vendors responding only to CatP.gory II - Products.
Acceptable bid security for this solicitation will be a certified check, or an annual or one time bid bond underwritten by a
licensed surety company, with the principal being the prime contractor and 1 GPA being the Obligee.
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SPECIAL TERMS AND CONDITIONS
44.
PERFORMANCE AND PAYMENT BONDS: Performance and Payment Bonds between the 1GPA member and the
prime contractor shall be executed on forms substantially equivalent to the forms provided at the end of this solicitation
document.
Upon execution of a contract between 1GPA member and prime contractor, performance and payment bonds shall be
provided to the member as required in R7-2-1103 as applicable. The prime contractor agrees to notify the 1GPA
member in writing of this requirement before accepting any work orders. If the prime contractor fails to deliver any
required performance or payment bonds, the contract with 1 GPA may be terminated. The contractor may be asked to
supply copies of performance and payment bonds to 1GPA for administrative purposes.
Performance Bond - The contractor shall be required to furnish an irrevocable security in the amount of 100% of the
total contract price payable to the 1 GPA Member, binding the contractor to provide faithful performance of the contract.
Payment Bond - The contractor shall be required to furnish non-revocable security for the protection of all persons
supplying labor and material to the contractor or any subcontractor for the performance of any work related to the
contract. Payment security shall be in the amount of 100% of the total contract price and be payable to the 1GPA
Member.
45.
MEMBER DELAYS: As required by R7-2-1087(D}, the contractor will negotiate with 1GPA Member for the recovery of
damages related to expenses incurred by the contractor for a delay for which the 1 GPA Member is responsible, that is
unreasonable under the circumstances and that was not within the contemplation of the parties to the contract. This
negotiation does not void any provision in the contract that requires notice of delays, provides for arbitration or any
other procedure for settlement or provides for liquidated damages.
46.
PROGRESS PAYMENTS: R7-2-1105 allows for progress payments to the contractor of construction if the contractor
agrees to adhere to ARS 41-2577 (B) (D) (F). All progress payments must be invoiced to the 1GPA member. It is the
responsibility of the 1 GPA member to review and approve any estimates of work completed. Payment shall be made
within 14 days after the estimate of the work is certified and approve, except that a percentage of all estimates shall be
retained as provided in R7-2-1104. If the 1 GPA member issues a written statement to the Bidder that the estimate of
work is not approved and certified, the 1 GPA member may withhold an amount from the progress payment that the
1GPA member reasonably expects to incur in correcting the deficiency set forth in the written finding, as permitted in
R7-2-1105 (A). In such cases, the Bidder agrees to hold 1GPA harmless for any deficiency payment.
Progress payments may be made to the prime contractor on the basis of a duly certified and approved estimate of work
performed during the preceding month. The prime contractor must agree to pay any subcontractors or material
suppliers within seven (7) days of their receipt of the progress payment, unless otherwise agreed on in writing between
the parties involved.
Once all bonds are in place, the prime contractor and the 1 GPA member will agree upon a schedule of payments based
on identifiable milestones.
If any payment to the contractor is delayed after the date due, interest shall be paid at the rate of one percent per
month, or a fraction of a month, on such unpaid balance as may be due. Any late charges will be the responsibility of
the 1 GPA Member.
Acceptance of final payment is a waiver of all claims except unsettled claims previously made in writing.
47.
RETENTION: Ten (10) percent of all contract payments shall be retained by the 1GPA member as insurance of proper
performance of the contractor. Contractor agrees to identify the amount to be retained on invoices to 1GPA member
for each progress payment.
1GPA
When the contract is fifty (50) percent completed, on half of the amount retained shall be paid to the contractor upon
the contractor's requests provided the contractor is making satisfactory progress on the contract and there is no specific
cause or claim requiring a greater amount to be retained.
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SPECIAL TERMS AND CONDITIONS
After the contract is fifty (50) percent completed, no more than five percent of the amount of any subsequent progress
payments shall be retained providing the contractor is making satisfactory progress on the project, except if at any time
the governing board of the member determines satisfactory progress is not being made, at which point ten percent
retention shall be reinstated.
Retention applies only to amounts payable for construction and does not apply to amounts payable for design services,
preconstruction services, finance services, maintenance services, or any other related services included in the contract.
If the 1GPA member and the contractor agree to a substitute security, the agreement must be in full compliance with
R?-2-1104 (D)(E)(F}(G). If a substitute security is agreed to, the prime contractor must provide 1 GPA member with a
signed and acknowledged waiver of any right or power of the obligor to set off any claim against 1GPA member.
Notwithstanding R?-2-1104(A), there shall be no retention for job-order-contracting construction services contracts.
48.
REFERENCES: For complete information on references and definitions used for specifications in the solicitation please
visit websites below:
1GPA
ASTM International (ASTM): www.astm.org
American National Standards Institute (ANSI}: www.ansi.org
Arizona Registrar of Contractors (ROG): https://roc.az.qov/
Code of Federal Regulations (CFR): https://www.ecfr.gov/
International Organization for Standardization (ISO): www.iso.org
Occupational Safety and Health Administration (OSHA): www.osha.gov
23-11 PV Painting Products and Services
Page 26 of 37
SCOPE OF WORK
PURPOSE
The purpose of this Invitation for Bid (IFB) is to establish contracts with responsive/responsible firms that provide Painting
Products and/or Services to the Members of 1 GPA Cooperative on an as-needed basis as specified within this
solicitation.
BACKGROUND
1 Government Procurement Alliance (1 GPA), is a non-profit national governmental purchasing cooperative which allows
public agencies to take advantage of existing contracts to purchase the goods and services they need from local and
national vendors. Eligible using members include school districts, charter schools, universities, colleges, cities, towns,
municipalities, counties, states, local governments, federal government, Native American communities, fire districts, and
any other political subdivision.
Paradise Valley Unified School District (PVUSD) is one of the largest employers in the north valley with approximately
3,800 employees. The current student population is approximately 30,410. PVUSD consists of five high schools, seven
middle schools, 28 elementary schools, one K-8 school, two alternative schools, one comprehensive online school and
six administrative support sites. PVUSD covers approximately 98-square miles of northeast Phoenix and north
Scottsdale in an area bounded by 7th Avenue and Pima Road, and Northern Avenue and Jomax Road. Following
contract award, PVUSD will select the awarded vendor(s) that best meet the needs of the District. The items listed under
this Scope of Work may or may not apply to the specific needs of PVUSD.
1GPA currently holds Contract 18-11PV Painting Services with four (4) vendors. The contract is in the fifth and final
year, expiring February 8, 2023 at which time this contract will become effective.
SCOPE OF WORK
1.
CATEGORY 1- PAINTING SERVICES
1GPA
Requirements for painting services included under the contract resulting from this solicitation may include but are
not limited to:
1.1
Contractor shall supply all labor, supervision, materials, supplies, equipment, transportation, tools, and
effort necessary to perform the specifications herein and shall have any applicable licenses and the
technical ability to provide services.
1.2
Contractor shall exercise safe industry work practices. All work shall be in compliance with appropriate
OSHA, federal, state, county and local ordinances and regulations. All equipment shall be in good working
condition and shall also conform to required safety standards.
1.3
The Contractor shall relocate furniture such as file cabinets and desks to the center of the room, protect
as necessary and return the furniture back to its original location unless directed otherwise by the Member.
1.4
Smoke detectors shall be covered during all stages of the painting project. Remove covers from smoke
detectors at the end of each workday to adhere to appropriate fire safety measures. Cover sprinkler heads
with thin plastic bags so coverage does not affect the operation of the system. Sprinkler covers do not
need to be removed every day unless otherwise directed by the Member.
23-11 PV Painting Products and Services
Page 27 of37
1GPA
SCOPE OF WORK
1.5
Contractor shall follow all safety precautions regarding adequate ventilation when performing work in
enclosed areas and shall take other precautionary measures recommended by the manufacturer for each
product.
1.6
All work performed by the Contractor shall be subject to inspection and approval by the requesting Member
and shall be done in accordance with specifications and/or recommendations of the manufacturer of the
product to be applied.
1. 7
Surface Preparation Requirements
1. 7 .1
Contractor shall notify Member of any peeling paint or if it is necessary to cut into a surface for
any reason prior to taking any action to avoid possible asbestos or lead contact.
1.7.2
Remove all dirt, grease, mildew, moisture, scale, rust or other foreign material that will interfere
with paint or stain performance. All areas that may cause paint failure due to moisture shall be
addressed and eliminated.
1. 7 .3
Remove any protruding nails, screws, attachments, stickers or other foreign objects from surfaces.
1. 7.4
Feather-edge sand all chipped painted surfaces. Remove paint dust with a tack rag or solvent
dampened rag.
1. 7.5
Holes 1" or smaller shall be patched using all-purpose joint compound and tape sanded to match
the height of the adjacent surfaces.
1. 7 .6
Holes larger than 1" shall be patched by cutting the area surround the hole to a square shape and
inserting wall board of the same thickness to provide a snug fit. Apply all-purpose joint compound
and tape, sand smooth to match height of adjacent areas.
1.7.7
Interior crack repairs in walls up to 1/16" shall be closed by wall compound and taping.
1.7.8
Interior cracks exceeding 3/8" shall be repaired using all-purpose ready mix joint compound and
drywall tape.
1.7.9
Interior deep hairline cracks shall be repaired by v-grooving the crack, removing any loose
particles, and cleaning out the groove as necessary. Apply manufacturer recommended spackling
paste. If shrinkage occurs after application, Contractor shall apply additional paste filler sanding
to match height of adjacent surfaces. All-purpose joint compound and tape may be used as the
final layer. Finished repair shall be sanded level to adjacent edges of crack.
1. 7 .10 Cracks in block, concrete or stucco shall be repaired as indicated above, however cracks shall be
filled with a high-grade caulking compound, smoothed and blended into the surfaces to match the
adjacent edges of the crack.
1. 7 .11 Sand smooth all wood surfaces and wipe clean.
1. 7 .12 Remove all rust and scale from metal surfaces. Treat galvanized steel with pre-treatment.
23-11 PV Painting Products and Services
Page 28 of37
1GPA
SCOPE OF WORK
1.7.13 For wrought iron fencing, wire brush over any rusted areas followed by 2 coats of primer in wire
brushed areas to prevent further corrosion, particularly where the grass would cause constant
water.
1. 7 .14 Apply manufacturer's recommended block filler over unpainted course and porous cinder block at
recommended rate to ensure complete coverage.
1.7.15 Apply primer as needed.
1.7.16 Mask all glass and color lines.
1.8
Texturing: Only well trained and experienced technicians shall perform match-ups to existing texturing
due to repairs or remodel. Texturing on walls and ceilings shall be performed using a compressor/hopper
unless otherwise directed by the Member.
1.9
Concrete floors shall be cleaned by pressure washer or mop and bucket using standard industry concrete
cleaners and in accordance with manufacturer's recommendations regarding applicable floor coatings.
Floors shall be sealed using high quality sealant applied as directed by the manufacturer.
1.10
Coating Applications
1.10.1 Member shall approve the final product of all color matching of existing paint colors.
1.10.2 Brush out and work brush coats into surfaces in even strokes. Eliminate cloudiness, spotting,
laps, brush marks, runs, sags and other surface imperfections. Neatly draw glass lines and color
breaks.
1.10.3 All paints, stains, varnishes, etc. shall be smoothly and evenly spread or flowed on for professional
results.
1.10.4 Paint and stains shall be mixed thoroughly prior to application and stirred occasionally during
application to maintain color consistency.
1.10.5 Apply as many coats at the manufacturer's spread rate as necessary to obtain full and uniform
coverage. Do not apply succeeding coats until previous coats have cured as recommended by
the manufacturer. When spraying, apply each coat evenly and thick enough to provide coverage
of brush and roller applied coats. Do not double back with spray equipment. Thinning of paint
allowed only if required by manufacturer for application.
1.10.6 Apply wood stains according to manufacturer's recommendations. Blend all areas for uniform
color. Allow adequate drying time prior to applying finish coat. Apply sanding sealer on newly
stained wood doors after staining has dried before applying finish coat.
1.10. 7 Do not apply paint if temperatures exceed manufacturer's specifications for proper application, in
rain, fog or mist, if relative humidity exceeds 85%, or to damp or wet surfaces.
1.10.8 Take measures to protect surfaces from overspray, roller back splatter, and brush drips.
1.10.9 Touch-up painted surfaces as necessary.
23-11 PV Painting Products and Services
Page 29 of37
1GPA
SCOPE OF WORK
1.11
Clean Up
1.11.1 Empty cans, rags, discarded paint and rubbish shall be removed from the site daily. Coordinate
dumpster use with Owner. Contractor may need to provide dumpster. Contractor is responsible
for removal of all debris off site.
1.11.2 Spattering and traces of paint materials shall be carefully and completely removed from adjoining
surfaces such as plumbing fixtures, masonry work and hardware in such a way as to protect them
from marring. Use caution not to scratch or damage glass or any other adjacent surface. Any
damage sustained during services performed under this contract shall be corrected by the
Contractor.
1.11.3 Water or water-based agents shall be used whenever possible. Mineral based thinners should
only be used on an as needed basis after non-water based applications.
1.11.4 Remove any protective masking and drop cloths after completion.
1.11 .5 Owner shall identify a hose and specified location for the disposal of paint and washing paint
buckets. The use of interior drains is prohibited.
1.11.6 Provide "Wet Paint" signs for newly coated finishes.
1.12
Scheduling
1.12.1 The Contractor should have the ability to create and manage numerous individual accounts for
order placement, billing, and reporting purposes.
1.12.2 Contractor shall coordinate all servicing schedules with the Member's point of contact before
beginning work.
1.12.3 The Contractor shall be prepared with well-maintained equipment inventory/materials and
satisfactory transportation for delivery at the work site to meet the customer demand and delivery
requirements.
1.12.4 Labor rates bid shall include all direct labor and burden, equipment, small tools, common
expendables. Labor rates shall be divided into the following categories:
Regular Service: work performed between 6:00 AM to 6:00 PM, Monday through Friday, excluding
holidays.
After Hours: work performed after 6:00 PM and before 6:00 AM the next morning.
Weekends & Holidays: work performed Saturday, Sunday, or during a holiday.
1.13
Ordering and Job Completion Process
1.13.1 Request for Service: The 1 GPA Member will notify the Contractor of the need for services.
Request for quote/estimate for a specific scope of work will be issued by the Member.
23-11PV Painting Products and Services
Page 30 of37
1GPA
SCOPE OF WORK
1. 13.2 Site Visit: Dependent upon the complexity/nature of the project, a site visit may be held by the
Member to allow the contractor(s) to inspect and observe important issues regarding the project
to ensure accurate cost estimates.
1.13.3 Project Quotations: After a site review of the project, Contractor shall submit the project quote to
the Member within the specified time frame. Quotes should be easily verifiable against the contract
pricing by clearly listing the unit price or rate for each line item.
1.13.4 Purchase Order: The Member shall issue a purchase order upon approval of the quotation and
prior to the commencement of any work. The purchase order should reference the 1 GPA contract
number.
1.13.5 Change Orders: All change orders to a project must be in writing, referencing the contract number
and approved by the Member prior to authorization to proceed. The Contractor who fails to acquire
change orders in writing runs the risk of incurring these additional costs without payment. A
revised purchase order may be required.
1.13.6 Delivery and Installation: Contractor will notify the Member when material has been received and
provide a proposed project completion date. Work shall start within seven (7) working days after
material is received unless otherwise agreed upon by the Member and the Contractor.
1.13. 7 Preconstruction Meeting: When requested by the Member, the contractor will arrange a meeting
at the site with supervisor and the Member to review site conditions, security procedures, work
responsibilities, loading and unloading restrictions, etc.
1.13.8 Final Inspection: Each job will have a final inspection by the Member and/or governing authorities
prior to final payment.
1.13.9 Invoicing: After completion of services, the Contractor shall submit a detailed invoice to the
Member. The invoice should be easily verifiable against the contract pricing schedule and shall
include, at minimum, the Member's purchase order number, the 1 GPA contract number and the
job location.
1.13.10 Rented equipment charges (submitted with a copy of the invoice from rental firm) shall not add
additional sales tax other than what the rental firm has posted. A flat administrative fee may be
added as a separate line item in accordance with the contract rates.
1.13.11 Payment After Job Completion: Payment shall not be provided until inspection is completed and
an approval signature is provided by authorized member representative. In case of non-
satisfactory completion of any individual project, the member reserves the right to withhold
payment as permissible by law.
1.13.12 Progress Payments - Members may make progress payments under the following conditions:
1.13.12.1
Member and Contractor agree to the terms of the progress payments prior to issuing
a purchase order.
1.13.12.2
Purchase order describes the amounts or percentages and the dates or frequency of
payments.
23-11PV Painting Products and Services
Page 31 of 37
SCOPE OF WORK
1.13.12.3
Payments are made in full compliance with Member's local governing entity rules.
2.
CATEGORY 11- PRODUCTS may include but are not limited to:
1GPA
0
Interior, Exterior, Specialty and Industrial Paint and Coatings - oil based, acrylic latex water-based,
etc. of all application and finish types
•
Interior, Exterior, Specialty Primer
•
Wood Stains, Conditioners and Sealers
•
Prep Products - abrasives, caulk, patching material, cleaners, tape
•
Applicators - brushes, roller covers, roller frames, extension poles, accessories, spray equipment and
accessories
•
Tools - scrapers, blades, putty knives, ladders
•
Other supplies - buckets, rags, trash bags, clothing, safety and protection items
2.1
All materials shall meet or exceed American Society for Testing and Materials (ASTM) standards for
various materials specified herein.
2.2
Materials delivered to the work site shall be in the manufacturer's original, unopened packages and
containers bearing the manufacturer name and label with the following information: product name, product
description, manufacturer's stock number and production date, application and/or thinning instructions,
color name and number, volatile organic compound (VOC) content.
2.3
Paint coatings should meet or exceed Federal Specifications with stringent performance requirements of
high level industry standards with ability to attain excellent coverage, and longevity while meeting the
lowest voes possible.
23-11 PV Painting Products and Services
Page 32 of 37
SUBMITTAL REQUIREMENTS
1.
ELECTRONIC SUBMITTAL - REQUIRED: An electronic submission is required. The electronic submission is to be
uploaded online through OpenGov Procurement. Submittal instructions for OpenGov Procurement are found on the
last page of this document under Exhibit A.
Bids will be time stamped when received by OpenGov Procurement. Bids will be accepted up to but no later than the
time indicated in this Solicitation or as amended in writing by 1GPA. Bids will not be received or considered after the
time stated in this Solicitation (or as amended}. Bidder assumes the risk of any delay in their submission. 1GPA
strongly recommends that you give yourself sufficient time and at least ONE (1) day before Bid Due Date and Time to
begin the uploading process and to finalize your submission.
2.
BID FORMAT AND SUBMISSION REQUIREMENTS THROUGH OPENGOV PROCUREMENT: Each bid should be
submitted on the forms and in the format specified. 1GPA will not provide any reimbursement for the cost of developing
or presenting bids in response to this Solicitation. Complete each section on the Open Gov Procurement platform for
this project. Items marked with an asterisk require a response to submit your bid. Failure to include the requested
information may have a negative impact on the evaluation of the bid.
3.
SUBCONTRACTORS: Subcontractors providing services shall comply with State and City Contractors License Law
and be duly registered and licensed thereunder. Bidders shall provide a list of any subcontractors used to complete
the work performed under the resultant contract. Any work performed by subcontractors shall adhere to the contract
terms and conditions and pricing schedules.
4.
BID SECURITY (Vendors responding to Category I - Services): Acceptable bid security for this solicitation will be
a certified check or an annual or one-time bid bond underwritten by a licensed surety company, with the principal being
the prime contractor and 1 GPA being the Agency of Record. Upload acceptable bid security in the amount of $100,000
where indicated in the Vendor Submission section of the OpenGov Procurement online portal. For vendors submitting
bid bonds, the associated Power of Attorney should also be uploaded in the same section. Contact Rebecca Seifert at
rseifert@1gpa.org for submittal instructions prior to the bid due date and time if your firm intends on submitting a
certified check as bid security.
5.
REQUIRED FORMS: Download, complete and upload the required forms in the Vendor Submission section of the
OpenGov Procurement online portal. Multiple files may be uploaded if there are supporting documents your firm wishes
to submit. Be sure all forms are thoroughly completed and signed by your firm's authorized representative. Failure to
submit complete forms may result in rejection of the bid. Required forms include:
✓
Bidder's Bid and Contract Acceptance Form
✓
Non-Collusion Affidavit
✓
2CFR Section 200 Certifications
✓
Financial Disclosure Questionnaire
✓
Debarment Certification
✓
Antitrust Certification Statement
✓
Minority/Women Business Enterprise (MWBE) or Historically Underutilized Business (HUB)
✓
Confidential/Proprietary Submittals
✓
Certificate of Liability Insurance
✓
W-9 Form
6.
AMENDMENT ACKNOWLEDGEMENT: Solicitation amendments shall be acknowledged through the OpenGov
Procurement portal during bid submission. If an amendment is issued after your bid has been submitted to the portal,
you must log back in, unsubmit your bid, acknowledge the new addendum and resubmit the bid. Click the "?" in the
top right corner of the home screen to access the OpenGov Procurement Help Center or use the chat feature in the
lower right-hand corner to ask for assistance from OpenGov Procurement.
1GPA
23-11 PV Painting Products and Services
Page 33 of37
BID BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT, __________________________ (hereinafter called Principal), as Principal, and
_________________________ , a corporation organized and existing under the laws of the State
of ____________ , with its principal office in the City of _________ _. (hereinafter called the Surety),
as Surety, are held and firmly bound unto 1Govemment Procurement Alliance (hereinafter called the Obligee) in the amount of
One Hundred Thousand and 00/100
(Dollars) ($ 100,000.00
). for the payment whereof, the said Principal and Surety bind
themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a Bid for:
IFB # 23-11 PV
Painting Products and Services
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the
Obligee In accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents
with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished
in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the
Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such
larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this
obligation shall be null and void, otherwise to remain in full force and effect.
The prevailing party in a suit on this bond shall recover as a part of his judgment such reasonable attorneys' fees as may be
fixed by a judge of the Court.
Witness our hands this ______ day of _______________ 20 _____ _
Principal:
SEAL (lf applicable)
By:
Signe lure
Printed Name & TIiie
Surety:
SEAL
By:
Signature
Ponied Name & TIUe
Address
1GPA
23-11 PV Painting Products and Services
Page 34 of 37
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT, _______________________________ (hereinafter called Principal),
as Principal, and __________________________ , a corporation organized and existing under
the laws of the State of ____________ , with its principal office in the City of ___________ _
(hereinafter called the Surety), as Surety, are held and firmly bound unto the Name of the 1GPA Member goes here (hereinafter called
the Obligee) in the amount of _________________ (Dollars) ($
), for the
payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the ____ day of
_____________ 20 ____ , for the material, service or construction described as __________ _
_______________________________ which contract is hereby referred to and made a
part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform and
fulfill all the undertakings, convenants, terms, conditions and agreements of said contract during the original term of said contract and
any extension thereof, with or without notice to the Surety and during the life of any guaranty required under the contract, and shall also
perform and fulfill all the undertakings, convenants, terms, conditions, and agreements of any and all duly authorized modifications of
said contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; then the above obligations
shall be void, otherwise to remain in full force and effect.
The prevailing party in a suit on this bond shall recover as a part of his judgment such reasonable attorneys' fees as may be
fixed by a judge of the Court.
Witness our hands this ______ day of _______________ 20 _____ _
Principal:
SEAL (W applicable)
By:
Signature
Prtnl.ed Name & Title
Surety:
SEAL
By: -
- ---
- --s=,g-na_,t-ur_e _____
_ _
Printed Name & TIUe
Address
1GPA
23-11 PV Painting Products and Services
Page 35 of 37
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT,, ______________________________ (hereinafter called Principal),
as Principal, and
, a corporation organized and existing under
the laws of the State of
, with its principal office in the City of ______________ _
(hereinafter called the Surety), as Surety, are held and firmly bound unto the Name of the 1 GPA Member goes here (hereinafter called
the Obligee) in the amount of _________________ (Dollars) ($
), for the
payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _____ day of
__________ 20 ____ , to construct and complete a certain work described as ___________ _
_____________________________ which contract is hereby referred to and made a
part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall promptly pay all
monies due to all persons supplying labor or materials to him or his subcontractors in the prosecution of the work provided for
in said contract, then this obligation shall be void, otherwise to remain in full force and effect.
The prevailing party in a suit on this bond shall recover as a part of his judgment such reasonable attorneys' fees as may be
fixed by a judge of the Court.
Witness our hands this ______ day of _______________ 20 ____ _
1GPA
Principal:
SEAL (if applicable)
By: - ---
- ---:.Si,-gna
__ t,...ure _______
_
Printed Name & Till<'
Surety: -
-
-
-
-
- ------
-
-~s=EAL ___ _
By: -
-
-
- ---
-=s,,....·gn-atu'""re _ _ _ _ ___ _
Prlnled Name & Title
Address
23-11PV Painting Products and Services
Page 36 of 37
EXHIBIT A
OPENGOV PROCUREMENT SUBMISSION INSTRUCTIONS
1GPA utilizes the OpenGov Procurement portal to accept electronic responses. For technical questions related to your
submission, please contact OpenGov Procurement by clicking on the blue chat button G) on the bottom right corner of the
procurement portal.
You can also find Vendor Guides at htto://helo.orocurenow.com/en/collections/1392366-vendor-guides and Vendor Training
Videos at httos://help.procurement.ooenqov.com/en/articles/5815468-ooengov-procurement-vendor-traininq
Please follow these instructions to submit via the OpenGov Procurement portal.
1.
Create a OpenGov Procurement Account:
•
Register to access solicitation documents and upload responses using the link below by selecting "Subscribe" to
create an account.
•
To get detailed notifications and updates about a specific project, navigate to the project's main page, and click
"Follow".
Ultimately it is the sole responsibility of each Bidder/Offeror to periodically check the Open Gov
Procurement site for any amendments/addenda.
2.
Prepare your submission materials:
•
Do not embed any documents within your uploaded files, as they may not be accessible or evaluated.
3.
Upload your submission at: https:l/procurement.opengov.com/portal/1gpa
•
Your submission must be uploaded, submitted, and finalized prior to the Due Date and Time of
NOVEMBER 17, 2022 AT 1 :00 PM MST ARIZONA TIME OR AS AMENDED
•
We strongly recommend that you give yourself sufficient time and at least ONE (1) day before the Due Date to begin
the uploading process and to finalize your submission.
4.
Important Notes:
•
Requested Information and Documents are sealed and not visible to 1 GPA until after the Due Date and Time.
•
Uploading large documents may take significant time, depending on the size of the file(s) and your Internet
connection speed.
•
You will receive confirmation with a date/time stamp once you finalize your submission.
•
Minimum system requirements: OpenGov Procurement is compatible with major browsers such as Chrome, Firefox,
Edge and Safari and can be accessed on all Android and 10S devices.
1GPA
23-11 PV Painting Products and Services
Page 37 of37
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
GHASTER PAINTING AND COATINGS, INC.
EXHIBIT C
METHOD AND AMOUNT OF COMPENSATION
The method and amount of compensation is in accordance with section 3 of the Linking Agreement.
NOT TO EXCEED AMOUNT
The total amount of compensation paid to Contractor for full completion of all work required by the
Statement of Work must not exceed $3,000,000 for the entire term of the Agreement.
DETAILED PROJECT COMPENSATION
City shall pay contractor compensation in accordance with the rates set forth in the Paradise Valley
Unified School District, 1 Government Procurement Alliance (1GPA), Contract No. 23-11PV-04, for
Painting Products and Services at City of Glendale Facilities on an as-needed basis.