Agreement with BenMar Solutions, Inc
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C
AGREEMENT FOR
PROPERTY ABATEMENT
City of Glendale Solicitation No. RSOQ 26-24
This Agreement for Property Abatement Services ("Agreement") is effective and entered into between CITY OF
GLENDALE, an Arizona municipal corporation ("City"), and BenMar Solutions, Inc., an Arizona corporation,
authorized to do business in the State of Arizona, ("Contractor"), as of the _____ day of ____________, 2026.
RECITALS
A.
City intends to undertake a project for the benefit of the public and with public funds that is more fully set
forth in Exhibit A, pursuant to Solicitation No. RSOQ 26-24 (the "Project");
B.
City desires to retain the services of Contractor to perform those specific duties and produce the specific
work as set forth in the Project attached hereto; and
C.
City and Contractor desire to memorialize their agreement with this document.
AGREEMENT
In consideration of the Recitals, which are confirmed as true and correct and incorporated by this reference, the
mutual promises and covenants contained in this Agreement, and other good and valuable consideration, City and
Contractor agree as follows:
1.
Key Personnel; Sub-contractors.
1.1
Services. Contractor will provide all services necessary to assure the Project is completed timely and
efficiently consistent with Project requirements, including, but not limited to, working in close
interaction and interfacing with City and its designated employees, and working closely with others,
including other contractors or consultants, retained by City.
1.2
Project Team.
a.
Project Manager.
(1)
Contractor will designate an employee as Project Manager with sufficient training,
knowledge, and experience to complete the Project and handle all aspects of the
Project (as determined by the City in its sole discretion); such that the work
produced by Contractor is consistent with applicable standards as detailed in this
Agreement;
(2)
The City must approve the designated Project Manager; and
(3)
To assure the Project schedule is met, Project Manager may be required to devote
no less than a specific amount of time as set out in Exhibit A.
b.
Project Team.
(1)
The Project Manager and all other employees assigned to the project by Contractor
will comprise the "Project Team."
(2)
Project Manager will have responsibility for and will supervise all other employees
assigned to the Project by Contractor.
c.
Discharge, Reassign, Replacement.
(1)
Contractor acknowledges the Project Team is comprised of the same persons and
roles for each as may have been identified in the response to the Project's
solicitation.
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(2)
Contractor will not discharge, reassign or replace or diminish the responsibilities of
any of the employees assigned to the Project who have been approved by City
without City's prior written consent unless that person leaves the employment of
Contractor, in which event the substitute must first be approved in writing by City.
(3)
Contractor will change any of the members of the Project Team at the City's request
if an employee's performance does not equal or exceed the level of competence that
the City may reasonably expect of a person performing those duties or if the acts or
omissions of that person are detrimental to the development of the Project.
d.
Sub-contractors.
(1)
Contractor may engage specific technical contractor (each a "Sub-contractor") to
furnish certain service functions.
(2)
Contractor will remain fully responsible for Sub-contractor's services.
(3)
Sub-contractors must be approved by the City, unless the Sub-contractor was
previously mentioned in the response to the solicitation.
(4)
Contractor shall certify by letter that contracts with Sub-contractors have been
executed incorporating requirements and standards as set forth in this Agreement.
2.
Schedule. The services will be undertaken in a manner that ensures the Project is completed timely and
efficiently in accordance with the Project.
3.
Contractor’s Work.
3.1
Standard. Contractor must perform services in accordance with the standards of due diligence, care,
and quality prevailing among contractors having substantial experience with the successful furnishing
of services for projects that are equivalent in size, scope, quality, and other criteria under the Project
and identified in this Agreement.
3.2
Licensing. Contractor warrants that:
a.
Contractor and Sub-contractors will hold all appropriate and required licenses, registrations
and other approvals necessary for the lawful furnishing of services ("Approvals"); and
b.
Neither Contractor nor any Sub-contractor has been debarred or otherwise legally excluded
from contracting with any federal, state, or local governmental entity ("Debarment").
(1)
City is under no obligation to ascertain or confirm the existence or issuance of any
Approvals or Debarments or to examine Contractor's contracting ability.
(2)
Contractor must notify City immediately if any Approvals or Debarment changes
during the Agreement's duration and the failure of the Contractor to notify City as
required will constitute a material default under the Agreement.
3.3
Compliance. Services will be furnished in compliance with applicable federal, state, county and local
statutes, rules, regulations, ordinances, building codes, life safety codes, and other standards and
criteria designated by City.
Contractor must not discriminate against any employee or applicant for employment on the basis of
race, color, religion, sex, national origin, age, marital status, sexual orientation, gender identity or
expression, genetic characteristics, familial status, U.S. military veteran status or any
disability. Contractor will require any Sub-contractor to be bound to the same requirements as stated
within this section. Contractor, and on behalf of any subcontractors, warrants compliance with this
section.
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3.4
Coordination; Interaction.
a.
For projects that the City believes requires the coordination of various professional services,
Contractor will work in close consultation with City to proactively interact with any other
professionals retained by City on the Project ("Coordinating Project Professionals").
b.
Subject to any limitations expressly stated in the Project Budget, Contractor will meet to
review the Project, Schedule, Project Budget, and in-progress work with Coordinating
Project Professionals and City as often and for durations as City reasonably considers
necessary in order to ensure the timely work delivery and Project completion.
c.
For projects not involving Coordinating Project Professionals, Contractor will proactively
interact with any other contractors when directed by City to obtain or disseminate timely
information for the proper execution of the Project.
3.5
Work Product.
a.
Ownership. Upon receipt of payment for services furnished, Contractor grants to City, and
will cause its Sub-contractors to grant to the City, the exclusive ownership of and all
copyrights, if any, to evaluations, reports, drawings, specifications, project manuals, surveys,
estimates, reviews, minutes, all "architectural work" as defined in the United States Copyright
Act, 17 U.S.C § 101, et seq., and other intellectual work product as may be applicable ("Work
Product").
(1)
This grant is effective whether the Work Product is on paper (e.g., a "hard copy"),
in electronic format, or in some other form.
(2)
Contractor warrants, and agrees to indemnify, hold harmless and defend City for,
from and against any claim that any Work Product infringes on third-party
proprietary interests.
b.
Delivery. Contractor will deliver to City copies of the preliminary and completed Work
Product promptly as they are prepared.
c.
City Use.
(1)
City may reuse the Work Product at its sole discretion.
(2)
In the event the Work Product is used for another project without further
consultations with Contractor, the City agrees to indemnify and hold Contractor
harmless from any claim arising out of the Work Product.
(3)
In such case, City shall also remove any seal and title block from the Work Product.
4.
Compensation for the Project.
4.1
Compensation. Contractor's compensation for the Project, including those furnished by its Sub-
contractors will not exceed $200,000, as specifically detailed in Exhibit B (the "Compensation").
4.2
Change in Scope of Project. The Compensation may be equitably adjusted if the originally
contemplated scope of services as outlined in the Project is significantly modified.
a.
Adjustments to the Compensation require a written amendment to this Agreement and may
require City Council approval.
b.
Additional services which are outside the scope of the Project contained in this Agreement
may not be performed by the Contractor without prior written authorization from the City.
c.
Notwithstanding the incorporation of the Exhibits to this Agreement by reference, should
any conflict arise between the provisions of this Agreement and the provisions found in the
Exhibits and accompanying attachments, the provisions of this Agreement shall take priority
and govern the conduct of the parties.
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5.
Billings and Payment.
5.1
Applications.
a.
Contractor will submit monthly invoices (each, a "Payment Application") to City's Project
Manager and City will remit payments based upon the Payment Application as stated below.
b.
The period covered by each Payment Application will be one calendar month ending on the
last day of the month or as specified in the solicitation.
5.2
Payment.
a.
After a full and complete Payment Application is received, City will process and remit
payment within 30 days.
b.
Payment may be subject to or conditioned upon City's receipt of:
(1)
Completed work generated by Contractor and its Sub-contractors; and
(2)
Unconditional waivers and releases on final payment from Sub-contractors as City
may reasonably request to assure the Project will be free of claims arising from
required performances under this Agreement.
5.3
Review and Withholding. City's Project Manager will timely review and certify Payment Applications.
a.
If the Payment Application is rejected, the Project Manager will issue a written listing of the
items not approved for payment.
b.
City may withhold an amount sufficient to pay expenses that City reasonably expects to incur
in correcting the deficiency or deficiencies rejected for payment.
6.
Termination.
6.1
For Convenience. City may terminate this Agreement for convenience, without cause, by delivering
a written termination notice stating the Effective Termination date, which may not be less than 30
days following the date of delivery.
a.
Contractor will be equitably compensated for Goods or Services furnished prior to receipt
of the termination notice and for reasonable costs incurred.
b.
Contractor will also be similarly compensated for any approved effort expended and
approved costs incurred that are directly associated with project closeout and delivery of the
required items to the City.
6.2
For Cause. City may terminate this Agreement for cause if Contractor fails to cure any breach of this
Agreement within seven days after receipt of written notice specifying the breach.
a.
Contractor will not be entitled to further payment until after City has determined its damages.
If City's damages resulting from the breach, as determined by City, are less than the equitable
amount due but not paid Contractor for Service and Repair furnished, City will pay the
amount due to Contractor, less City's damages, in accordance with the provision of § 5.
b.
If City's direct damages exceed amounts otherwise due to Contractor, Contractor must pay
the difference to City immediately upon demand; however, Contractor will not be subject to
consequential damages of more than $2,000,000 or the amount of this Agreement, whichever
is greater.
7.
Conflict. Contractor acknowledges this Agreement is subject to A.R.S. § 38-511, which allows for
cancellation of this Agreement in the event any person who is significantly involved in initiating, negotiating,
securing, drafting, or creating the Agreement on City's behalf is also an employee, agent, or consultant of any
other party to this Agreement.
8.
Insurance.
8.1
Requirements. Contractor must obtain and maintain the following insurance ("Required Insurance"):
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a.
Contractor and Sub-contractors. Contractor, and each Sub-contractor performing work or
providing materials related to this Agreement must procure and maintain the insurance
coverages described below (collectively referred to herein as the "Contractor's Policies"),
until each Party's obligations under this Agreement are completed.
b.
General Liability.
(1)
Contractor must at all times relevant hereto carry a commercial general liability
policy with a combined single limit of at least $2,000,000 per occurrence and
$4,000,000 annual aggregate for each property damage and contractual property
damage.
(2)
Sub-contactors must at all times relevant hereto carry a general commercial liability
policy with a combined single limit of at least $2,000,000 per occurrence.
(3)
This commercial general liability insurance must include independent contractors'
liability, contractual liability, broad form property coverage, XCU hazards if
requested by the City, and a separation of insurance provision.
(4)
These limits may be met through a combination of primary and excess liability
coverage.
c.
Auto. A business auto policy providing a liability limit of at least $2,000,000 per accident for
Contractor and $2,000,000 per accident for Sub-contractors and covering owned, non-
owned and hired automobiles.
d.
Workers' Compensation and Employer's Liability. A workers' compensation and employer's
liability policy providing at least the minimum benefits required by Arizona law.
e.
Notice of Changes. Contractor's Policies must provide for not less than 30 days' advance
written notice to City Representative of:
(1)
Cancellation or termination of Contractor or Sub-contractor's Policies;
(2)
Reduction of the coverage limits of any of Contractor or and Sub-contractor's
Policies; and
(3)
Any other material modification of Contractor or Sub-contractor's Policies related
to this Agreement.
f.
Certificates of Insurance.
(1)
Within 10 business days after the execution of the Agreement, Contractor must
deliver to City Representative certificates of insurance for each of Contractor and
Sub-contractor's Policies, which will confirm the existence or issuance of Contractor
and Sub-contractor's Policies in accordance with the provisions of this section, and
copies of the endorsements of Contractor and Sub-contractor's Policies in
accordance with the provisions of this section.
(2)
City is and will be under no obligation either to ascertain or confirm the existence
or issuance of Contractor and Sub-contractor's Policies, or to examine Contractor
and Sub-contractor’s Policies, or to inform Contractor or Sub-contractor in the
event that any coverage does not comply with the requirements of this section.
(3)
Contractor's failure to secure and maintain Contractor Policies and to assure Sub-
contractor policies as required will constitute a material default under the
Agreement.
g.
Other Contractors or Vendors.
(1)
Other contractors or vendors that may be contracted with in connection with the
Project must procure and maintain insurance coverage as is appropriate to their
particular contract.
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(2)
This insurance coverage must comply with the requirements set forth above for
Contractor's Policies (e.g., the requirements pertaining to endorsements to name the
parties as additional insured parties and certificates of insurance).
h.
Policies. Except with respect to workers' compensation and employer's liability coverages,
City must be named and properly endorsed as additional insureds on all liability policies
required by this section.
(1)
The coverage extended to additional insureds must be primary and must not
contribute with any insurance or self insurance policies or programs maintained by
the additional insureds.
(2)
All insurance policies obtained pursuant to this section must be with companies
legally authorized to do business in the State of Arizona and reasonably acceptable
to all parties.
8.2
Sub-contractors.
a.
Contractor must also cause its Sub-contractors to obtain and maintain the Required
Insurance.
b.
City may consider waiving these insurance requirements for a specific Sub-contractor if City
is satisfied the amounts required are not commercially available to the Sub-contractor and
the insurance the Sub-contractor does have is appropriate for the Sub-contractor's work
under this Agreement.
c.
Contractor and Sub-contractors must provide to the City proof of the Required Insurance
whenever requested.
8.3
Indemnification.
a.
To the fullest extent permitted by law, Contractor must defend, indemnify, and hold
harmless City and its elected officials, officers, employees and agents (each, an "Indemnified
Party," collectively, the "Indemnified Parties"), for, from, and against any and all claims,
demands, actions, damages, judgments, settlements, personal injury (including sickness,
disease, death, and bodily harm), property damage (including loss of use), infringement,
governmental action and all other losses and expenses, including attorneys' fees and litigation
expenses (each, a "Demand or Expense"; collectively, "Demands or Expenses") asserted by
a third-party (i.e. a person or entity other than City or Contractor) and that arises out of or
results from the breach of this Agreement by the Contractor or the Contractor’s negligent
actions, errors or omissions (including any Sub-contractor or other person or firm employed
by Contractor), whether sustained before or after completion of the Project.
b.
This indemnity and hold harmless provision applies even if a Demand or Expense is in part
due to the Indemnified Party's negligence or breach of a responsibility under this Agreement,
but in that event, Contractor shall be liable only to the extent the Demand or Expense results
from the negligence or breach of a responsibility of Contractor or of any person or entity
for whom Contractor is responsible.
c.
Contractor is not required to indemnify any Indemnified Parties for, from, or against any
Demand or Expense resulting from the Indemnified Party's sole negligence or other fault
solely attributable to the Indemnified Party.
9.
E-verify, Records and Audits. To the extent applicable under A.R.S. § 41-4401, the Contractor warrants
their compliance and that of its subcontractors with all federal immigration laws and regulations that relate to
their employees and compliance with the E-verify requirements under A.R.S. § 23-214(A). The Contractor or
subcontractor’s breach of this warranty shall be deemed a material breach of the Agreement and may result
in the termination of the Agreement by the City under the terms of this Agreement. The City retains the legal
right to randomly inspect the papers and records of the other party to ensure that the other party is complying
with the above-mentioned warranty. The Contractor and subcontractor warrant to keep their respective
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papers and records open for random inspection during normal business hours by the other party. The parties
shall cooperate with the City’s random inspections, including granting the inspecting party entry rights onto
their respective properties to perform the random inspections and waiving their respective rights to keep such
papers and records confidential.
10.
No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the parties hereby
certify that they are not currently engaged in, and agree for the duration of the Agreement to not engage in, a
boycott of goods or services from Israel, as that term is defined in A.R.S § 35-393.
11.
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.
12.
Attestation of PCI Compliance. When applicable, the Contractor will provide the City annually with a
Payment Card Industry Data Security Standard (PCI DSS) attestation of compliance certificate signed by an
officer of Contractor with oversight responsibility.
13.
Notices.
13.1
A notice, request or other communication that is required or permitted under this Agreement (each
a "Notice") will be effective only if:
a.
The Notice is in writing; and
b.
Delivered in person or by overnight courier service (delivery charges prepaid), certified or
registered mail (return receipt requested); and
c.
Notice will be deemed to have been delivered to the person to whom it is addressed as of
the date of receipt, if:
(1)
Received on a business day, or before 5:00 p.m., at the address for Notices identified
for the Party in this Agreement by U.S. Mail, hand delivery, or overnight courier
service on or before 5:00 p.m.; or
(2)
As of the next business day after receipt, if received after 5:00 p.m.
d.
The burden of proof of the place and time of delivery is upon the Party giving the Notice;
and
e.
Digitalized signatures and copies of signatures will have the same effect as original signatures.
13.2
Representatives.
a.
Contractor. Contractor's representative (the "Contractor's Representative") authorized to
act on Contractor's behalf with respect to the Project, and his or her address for Notice
delivery is:
BenMar Solutions, Inc.
c/o Anthony Bennifield
19605 N 23rd Way
Phoenix, AZ 85024
majictouch@cox.net
602-818-3765
b.
City. City's representative ("City's Representative") authorized to act on City's behalf, and
his or her address for Notice delivery is:
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City of Glendale
c/o Shoalynn Gilliland
5970 W Brown St., Suite 210
Glendale, Arizona 85301
(623) 930-2863
With required copy to:
City Manager
City Attorney
City of Glendale
City of Glendale
5850 West Glendale Avenue
5850 West Glendale Avenue
Glendale, Arizona 85301
Glendale, Arizona 85301
c.
Concurrent Notices.
(1)
All notices to City's representative must be given concurrently to City Manager and
City Attorney.
(2)
A notice will not be deemed to have been received by City's representative until the
time that it has also been received by City Manager and City Attorney.
(3)
City may appoint one or more designees for the purpose of receiving notice by
delivery of a written notice to Contractor identifying the designee(s) and their
respective addresses for notices.
d.
Changes. Contractor or City may change its representative or information on Notice, by
giving Notice of the change in accordance with this section at least ten days prior to the
change.
14.
Financing Assignment. City may assign this Agreement to any City-affiliated entity, including a non-profit
corporation or other entity whose primary purpose is to own or manage the Project.
15.
Entire Agreement; Survival; Counterparts; Signatures.
15.1
Integration. This Agreement contains, except as stated below, the entire agreement between City
and Contractor and supersedes all prior conversations and negotiations between the parties regarding
the Project or this Agreement.
a.
Neither Party has made any representations, warranties or agreements as to any matters
concerning the Agreement's subject matter.
b.
Representations, statements, conditions, or warranties not contained in this Agreement will
not be binding on the parties.
c.
The solicitation, any addendums and the response submitted by the Contractor are
incorporated into this Agreement as if attached hereto. Any Contractor response modifies
the original solicitation as stated. Inconsistencies between the solicitation, any addendums
and the response or any excerpts attached as Exhibit A and this Agreement will be resolved
by the terms and conditions stated in this Agreement.
15.2
Interpretation.
a.
The parties fairly negotiated the Agreement's provisions to the extent they believed necessary
and with the legal representation they deemed appropriate.
b.
The parties are of equal bargaining position and this Agreement must be construed equally
between the parties without consideration of which of the parties may have drafted this
Agreement.
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c.
The Agreement will be interpreted in accordance with the laws of the State of Arizona.
15.3
Survival. Except as specifically provided otherwise in this Agreement, each warranty, representation,
indemnification and hold harmless provision, insurance requirement, and every other right, remedy
and responsibility of a Party, will survive completion of the Project, or the earlier termination of this
Agreement.
15.4
Amendment. No amendment to this Agreement will be binding unless in writing and executed by
the parties. Any amendment may be subject to City Council approval. Electronic signature blocks
do not constitute execution.
15.5
Remedies. All rights and remedies provided in this Agreement are cumulative and the exercise of
any one or more right or remedy will not affect any other rights or remedies under this Agreement
or applicable law.
15.6
Severability. If any provision of this Agreement is voided or found unenforceable, that determination
will not affect the validity of the other provisions, and the voided or unenforceable provision will be
deemed reformed to conform to applicable law.
15.7
Counterparts. This Agreement may be executed in counterparts, and all counterparts will together
comprise one instrument.
16.
Term.
16.1
Extensions. The term of this Agreement commences upon the effective date and continues for a one
(1)-year initial period. The City may, at its option and with the approval of the Contractor, extend
the term of this Agreement an additional four (4) years, on an annual basis. Contractor will be notified
in writing by the City of its intent to extend the Agreement period at least thirty (30) calendar days
prior to the expiration of the original or any extension period. Price adjustments will only be reviewed
prior to the extension period and any such price adjustment will be a determining factor for any
renewal. There are no automatic extensions or renewals of this Agreement.
16.2
Extension for Procurement Process. Upon the expiration of the Term of this Agreement, including
the initial term and any renewals, at the City’s sole discretion, this Agreement may be extended on a
month-to-month basis for a maximum of six (6) months to allow for the City to complete its
procurement process to select a vendor to provide the services/materials similar to those provided
under this Agreement. The City will notify the Contractor in writing of its intent to extend the
Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension
provided under this subsection will continue under the same terms and conditions as in effect
immediately prior to the expiration of the then-current term.
17.
Dispute Resolution. Any controversy or claim arising out of or relating to this contract, or the breach
thereof, shall be settled by arbitration administered according to the American Arbitration Association’s
Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any
court having jurisdiction thereof.
18.
Cooperative Use of Contract. This agreement may be extended for use by other governmental agencies
and political subdivisions of the State. Any such usage by other entities must be in accord with the ordinances,
charter, rules and regulations of the respective entity and the approval of the Contractor and City. For a list
of SAVE members, click on the following link: http://www.mesaaz.gov/business/purchasing/save
19.
Exhibits. The following exhibits, with reference to the term in which they are first referenced, are
incorporated by this reference.
Exhibit A
Project
Exhibit B
Compensation
(Signatures appear on the following page.)
EXHIBIT A
PROPERTY ABATEMENT SERVICES
PROJECT
6.
SCOPE OF WORK (RSOQ 26-24)
6.1
LOT CLEANING: The Contractor must perform property maintenance/clean-up, berm construction, and
related earthmoving activities in such a manner that damage is not inflicted on existing grounds, landscaping, trees,
utilities, or other structures. In the event the Contractor causes damage to the City of Glendale property (sidewalks,
berms, barricades, driveway entrances, alley entrances, curbs, gutters, and streets) during operations, the Contractor
must replace or repair the same at no cost to the City of Glendale as directed by the Department. If damage caused
by the Contractor has to be repaired or replaced by the City of Glendale personnel, the cost of such work will be
deducted from the City of Glendale’s payment to the Contractor.
6.1.1
Trash and Debris Removal: The Contractor must clear designated parcels of trash and debris, including but
not limited to rubbish, garbage, rubble, litter, junk, scrap, filth, discarded building materials, unsound fences, or
other materials. The Contractor must remove all rubbish and debris generated by the work from the premises and
leave the premises neat and clean. Sidewalks and streets must be swept clean as needed to prevent pedestrian
injuries, and upon completion of all work on any parcel. All surplus materials, trash, refuse, rubbish, and debris must
be disposed of by the Contractor at their expense. Burying trash, debris, or similar materials is prohibited. The
Contractor must remove and legally dispose of unwanted vehicle tires as requested
6.2
Encampment Cleaning: Upon the request of the Department, the Contractor must clear designated
encampments of trash and debris in accordance with all laws, codes, and regulations. Contractor must be prepared
and equipped to safely inventory and document with photographic images items of personal property with
significant monetary value ($150 or more) that is not considered litter, identified as abandoned, and/or is
contaminated or is in a state of disrepair that constitutes a threat to the health and safety of the public. When there is
a question about property value, the Contractor must contact the Department for assistance in determining it.
Personal property determined to be of significant value must be impounded by the Contractor for no less than 30
days at a facility within reasonable proximity to the city of Glendale at the cost of the Contractor. The Contractor
must make the property available for claim by the rightful owner during normal business hours.
During the course of an Encampment Cleaning, the Contractor must immediately contact the Department regarding
the discovery of weapons, drugs, drug paraphernalia, abandoned vehicles, currency, items that are believed to be
stolen, pets, shopping carts, or other items that may require further investigation and possible impoundment by the
City of Glendale. The Department will coordinate a response from the appropriate City departments and advise how
to proceed. Where the Contractor determines an emergency or threat to health and safety exists, the Contractor
must proceed to a safe location and contact the City of Glendale Public Safety Services directly
6.3
Weed/Grass Mowing/Cutting: The Contractor must mow grass and perform mechanical weed removal
from all designated areas in a neat, orderly manner using the appropriate equipment. Prior to grass and weed
removal, the Contractor must clean the areas of all debris and litter. The Contractor must remove and legally dispose
of unwanted vegetation growth as requested
6.3.1
Vegetation Height Limit: All vegetation, except trees and shrubs, must be maintained at heights no greater
than two inches, unless otherwise specified by the Department. Dry weeds and soils must be watered before
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mowing and mechanical weed removal, if necessary, to control dust and comply with the County dust control
requirement
6.4
Dead Tree and Plant Removal: The Contractor must remove and legally dispose of dead trees/plants when
requested. Tree removal services do not include stump removal. Trees need to be cut to the ground at a height of no
more than two inches above grade
6.5
Pre-Emergent Application: The Contractor must apply pre-emergent and herbicide on vacant lots when
requested by the Department. The Contractor applicator certification from the Arizona Department of Agriculture
is required
6.6
Vehicle Removal: The City may request the removal of an inoperable and/or abandoned vehicle as part of a
Property Abatement request. The Contractor will be responsible for contracting an impound service at no additional
cost to the City. The Contractor must identify all special equipment necessary (that will result in additional charges)
prior to performing the service. Upon Department approval, the agreed-upon charges and fees will be reimbursed at
the Contractor's actual expense, with no added overhead or profit. Original invoice(s) from the subcontractor must
be provided with the invoice. The City will not accept any invoice that has been altered in any manner
6.7
Fill Materials: The Contractor may be required to fill hazardous areas with clean dirt. Clean dirt used for fill
and berms must be free of debris and contamination. The Contractor must provide documentation identifying the
source from which the soil is derived
6.7.1
Fill Services May Include:
•
Hazardous Excavations
•
Sunken Cesspools
•
Hazardous Cavities or Depressions
6.8
Pool Pumping: The Contractor will be responsible for the pumping and draining of pools/spas/hot tubs at
the request of the Department. The Contractor will not drain the water into the street, alleyway, stormwater drains,
or other City right-of-way
6.9
Dust Control: All Lot Cleaning services must be conducted in accordance with the standards and work
practices defined in Maricopa County Fugitive Dust Rule 310. The Contractor must not cause or allow any dust
generation that exceeds the fugitive dust emissions of the twenty percent (20%) visible opacity limit in Rule 300 of
Maricopa County’s Air Pollution Control Regulations. The Contractor must provide appropriate dust suppression
measures to comply with Rule 300
The use of leaf blowers is prohibited. Acceptable alternatives to leaf blowers include brooms and other hand tools,
leaf vacuums, and PM-10-certified sweepers. The Contractor must not conduct grading, blading, or other earth-
moving activities to abate vegetation or debris without prior written authorization of the Department. The
Contractor must obtain a Maricopa County Dust Control Permit for each site where there are earth-moving
activities to be performed on areas greater than 0.1 acres. The Contractor may submit invoices for reimbursement of
dust control permit fees with documentation that verifies the fee amounts paid
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6.10
Trespass Control Barriers: The Contractor must provide all materials and labor to construct and install
trespass control barriers, such as berms, when requested. Berms must be compacted to a height of at least 24 inches
and must be watered to meet the County Visible Crust stabilization standard in Rule 310.01
6.11
Soil Stabilization: The Contractor must stabilize properties to meet and maintain stabilization standards of
Maricopa County Dust Control Rule 310.01. All properties may be stabilized by watering at the end of any grading,
vehicle use, or other activity that disturbs the soil
7.
BUILDING SECUREMENT REQUIREMENTS (ATTACHMENT A)
7.1
Polycarbonate material is required on all openings visible to a person standing upon a public street or
sidewalk.
7.1.1
Carriage Bolt Method: All Polycarbonate material must be a minimum thickness of .220. Openings that
require more than a 4’ x 8’ sheet must be secured with 2 sheets spliced together as shown in Diagram B of Exhibit
A. Polycarbonate must be cut to the outer edge of the window frame. Self-tapping screws with security heads may
be required if bowing occurs. If the window is inset, the polycarbonate must be inset to the outer edge of the
window frame as well. Secure with 3/8 carriage bolts with washers and double nuts and washers in the interior.
Install carriage bolts as close to the corners as possible
7.1.2
Casement Style Windows: Windows that swing out from the side of the frames must have the entire
opening covered. Covering individual panes will not be accepted. If only one pane is broken, then the Secure with
Screws method can be used to cover the entire opening. Materials will need to be notched at the corners to
accommodate the hinges
7.1.3
Sliding Windows: Sliding windows should be opened as far as possible to permit the carriage bolts to pass
through the window opening. The sliding sash may often be lifted out of the track and stored inside the building
7.1.4
Fixed Glass: Fixed Glass windows require reverting to the Secure with Screws method in Exhibit A
7.1.5
Glass Patio Doors: If the doors are functional and can be locked, that is sufficient. However, if the door is
missing glass or the glass is broken, then the Carriage Bolt General Application applies
7.2
Specifications for openings that are NOT visible to a person standing upon a public street or sidewalk. If
field conditions require any deviation from these specifications, the assigned code inspector must approve the
changes prior to the commencement of work
7.3
General:
7.3.1
Unless otherwise specified, all broken or damaged windows, doors or other openings that are readily
accessible must be secured
7.3.2
All exterior exposed wood used for security board-up must be sealed with a neutral color (white/off-white)
exterior paint
14
01/28/2025
7.3.3
All openings must be secured with one piece of plywood unless the opening requires material larger than a
4’ x 8’ sheet. For details, please see Diagram A. Doors in Exhibit A
7.3.4
Exterior door openings must be secured by tightly fitting a piece of plywood into the opening. The plywood
must be secured with screws at each corner and at a minimum of eight (8) inches along the center of the edges. All
screws must penetrate into solid wood a minimum of one inch
7.4
Windows:
7.4.1
If decorative items such as shutters, etc., interfere with the board-up, they are to be carefully removed and
placed inside the dwelling
7.4.2
Where applicable, all bolts must be tightened carefully to avoid damage to interior finishes. For details,
please see Diagram B on Exhibit A
7.5
Attic Access Openings:
7.5.1
Attic access openings in carport ceilings must be secured by attaching a piece of plywood over the opening.
The plywood must be fastened with screws to the ceiling joints. Screws must be placed at each corner and at a
minimum of eight (8) inches from the center along the edges of the plywood. All screws must penetrate solid wood
a minimum of one inch
8.
GENERAL REQUIREMENTS FOR LOT CLEANING AND BUILDING SECUREMENT
8.1
Miscellaneous Requests: At the request of the Department, the Contractor may be required to remove and
dispose of dilapidated concrete slabs, sidewalks, driveways, patios; dismantle and remove dilapidated/collapsing
sheds, fences, and accessory structures; demolish flatwork; drain sunken cesspool; and dispose of accumulated fill
materials. The Contractor must obtain and comply with applicable permits and environmental requirements
8.2
Safety: It is the Contractor's responsibility, prior to commencing any work, to ascertain the conditions at
and near the worksite and to take all appropriate measures and precautions to assure the safety of all persons on and
near the work site
8.3
Response Times: The Contractor must respond on-site within two business days of the initial City request.
The work must be completed within 48 hours or as otherwise agreed upon by the Department
8.4
Contractor Performance: The Contractor must furnish all necessary labor, tools, equipment, materials,
supplies, landfill, disposal fees, permits, transportation, and associated services necessary to perform the required
services at the City facilities designated. The City’s authorized representative will decide all questions that may arise
as to the quality and acceptability of any work performed under the contract. If, in the opinion of the City’s
authorized representative, performance becomes unsatisfactory, the City will notify the Contractor
The Contractor will have 24 hours from that time to correct any specific instances of unsatisfactory performance. In
the event the unsatisfactory performance is not corrected within the time specified above, the City will have the
15
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immediate right to complete the work to its satisfaction and will deduct the cost to cover from any balances due or
to become due to the Contractor and enforce liquidated damages. Repeated incidences of unsatisfactory
performance may result in cancellation of the agreement for default
The City requires an acceptable job the first time after the job is completed. The Department will inspect the
completed project. If three (3) of the jobs performed by any one Contractor are not acceptable, the City of Glendale
may request termination of the agreement due to repeated poor performance
8.5
Emergency Property Abatement Requirements: An emergency requirement is defined as a condition that
poses a hazard to public health, safety, and/or welfare of the City that must be corrected immediately. The
Contractor must respond on-site within four (4) hours of an emergency Property Abatement request, unless
otherwise approved by the Department. Emergency requests may require working evenings, weekends, and/or
holidays. Emergency requests will be at the sole discretion of the City
8.6
Hazardous Materials: Hazardous materials are defined as any chemical or chemical product representing a
health or physical hazard and require special handling and disposal under EPA Regulations. Upon discovery of such
materials, the Contractor must immediately advise the Department of the hazardous materials. The City will inspect
the site and take appropriate action. The City will advise the Contractor how to proceed and when to resume the
work
8.7
Window Breakage: Breaking windows to fulfill Property Abatement Requests from the City is prohibited
unless the Contractor receives written permission to break the windows from the Department. In general, the City
does not allow windows to be broken
8.8
Equipment Safety and Securement: The contractor will be responsible for providing and placement of
barricades, tarps, plastic, flag tape, and other safety/traffic control equipment required to protect its employees, the
public surrounding areas, equipment, and vehicles. The flow of vehicular traffic must not be impeded at any time
during a Property Abatement project. The safety of the Contractor’s employees and the public is of prime concern
to the City, and the Contractor must take all necessary steps to ensure proper safety measures are in place during the
performance of the Contract. Prior to commencing any work, the Contractor is responsible for assessing the
conditions on and near the worksite. When necessary, barricades and traffic control must be used in accordance
with the City's traffic control requirements
8.9
Cleaning: Work areas must be cleaned at the end of each workday. All materials, tools, equipment, etc. must
be removed or safely stored. The City is not responsible for theft or damage to the Contractor's property. All
possible safety hazards to workers or the public must be corrected immediately and left in a safe condition at the
end of each workday
EXHIBIT B
PROPERTY ABATEMENT SERVICES
COMPENSATION
METHOD AND AMOUNT OF COMPENSATION
Per project awarded.
NOT-TO-EXCEED AMOUNT
The total amount of compensation paid to Contractor for full completion of all work required by the Project during
the entire term of the Project must not exceed $200,000 over the term of the contract.
DETAILED PROJECT COMPENSATION
The Code Department will define the scopes of work for property abatement and invite vendors on the Qualified
Vendor List (QVL) to respond to an Request for Quote (RFQ) with a quote for the defined Work Order. Contracts
will not be executed with all qualified vendors.
4.6
RESPONSES TO RFQ (PHASE II)
The following must be provided in response to an RFQ. RFQ responses that do not include the required
information may be disqualified. The City reserves the right to conduct discussions with, or request additional
information from, vendors that respond to RFQs, as deemed necessary. (This is the minimum information each
RFQ response shall include)
A.
Company Name
B.
Hourly rate
C.
Estimated hours to complete the project
D.
Describe the vendor’s procedures for quality control.
E.
Detailed line-item cost to complete the Project.
F.
Submitted By Name
.
-G
Glendale
I l. 0 .l /.,
ATTACHMENT A - Securement Specifications
Polycarbonate Material
Polycarbonate material is required on all openings visible to a person
standing upon a public street or sidewalk.
Carriage Bolt Method:
•
General Application:
All Polycarbonate material shall be a minimum thickness of
.220. Openings that require more than a 4' X 8' sheet shall be secured with 2 sheets
spliced together as shown in Diagram 8.
Polycarbonate should be cut to the outer
edge of the window frame. Self-tapping screws with security heads may be required if
bowing occurs. If the window is inset, the polycarbonate should be inset as well to the
outer edge of the window frame. Secure with 3/8 carriage bolts with washers and
double nuts and washers on the interior.
(Purpose of the double nut is to secure
against one another). Install carriage bolts as close to the corners as possible.
•
Casement Style Windows (windows that swing out from the side of frames) must
have the entire opening covered. Covering individual panes will not be accepted. If
only one pane is broken, then SECURE WITH SCREWS method can be used to cover
the entire opening. Material will need to be notched at the corners to accommodate the
hinges.
•
Sliding Windows should be opened as far as possible to permit the carriage bolts to
pass through the window opening. The sliding sash may often be lifted out of the track
and stored inside the building.
•
Fixed Glass Windows require reverting to the Secure with Screws method below.
•
Glass Patio Doors: If the doors are functional and can be locked that is sufficient.
However, if the door is missing glass or the glass is broken, then the Carriage Bolt
Method General Application applies.
Secure With Screws:
•
Insert minimum .220 thickness Polycarbonate into the exterior of the window opening
for a close fit and secure with a minimum 1 ½" drywall, deck or sheet metal screws
secure top.
•
Cut the Polycarbonate to completely insert into the window opening to the outer edge
of the window frame (including any radius arch at the top of the window opening) and
set the screws every 8" to 1 0".
•
Screws are to be set into the wood window frame or wood lintel only, not into brick
masonry, concrete or adobe. Screwing into mortar joints will be acceptable if there is
no wood material available or if authorized by the City of Glendale under unique
circumstances.
•
If covers cannot be inserted into the window openings because of security bars,
carefully remove the bars and secure the openings as indicated above. Security bars
should be placed inside the building.
1 of 3
2" x 4" with 8" lap or
composite cross bar on
interior wall. 2x4 shall be
painted black
Edge of
Polycarbonate
2 sheets of
Polycarbonate on exterior
DIAGRAM "A'' POLYCARBONATE
Interior view of opening
DIAGRAM "B" POLYCARBONATE
Interior view of opening
i
;
1
12• wide piece of Polycarbonate with 4 1/4" carriage bolts fastening
8"
Window Frame or
Edge of Opening
_ /
Carriage Bolts
Edge of
opening
2 sheets of material together, placed on interior side of Polycarbonate
2 of 3
City of Glendale
Securement Board-Up Specifications
Permitted only on openings that are NOT visible to a person standing upon a public street or sidewalk.
General:
•
If field conditions require any deviation from these specifications, the assigned code inspector must approve the
changes prior to commencement of work.
•
Unless otherwise specified, all broken or damaged windows, doors or other openings that are readily accessible
shall be secured.
•
All exterior exposed wood used for security board-up must be sealed with a neutral color (white/off-white) exterior
paint.
•
All openings shall be secured with one piece of plywood unless the opening requires material
larger than a 4' x 8' sheet. For details see Diagram A. Doors:
•
Exterior door openings shall be secured by tightly fitting a piece of plywood into the opening. The plywood shall
be secured with screws at each corner and at a minimum of eight (8) inches on center along the edges of the
plywood. All screws shall penetrate into solid wood a minimum of one (1) inch.
Windows:
•
If decorative items such as shutters, etc. interfere with the board-up they are to be carefully removed and placed
inside the dwelling.
•
Where applicable, all bolts should be tightened carefully to avoid damage to interior finishes. □ For
details
see Diagram B.
Attic Access Openings:
•
Attic access openings in carport ceilings shall be secured by attaching a piece of plywood over the opening. The
plywood shall be fastened with screws into the ceiling joists.
Screws shall be placed at each corner and at a
minimum of eight (8) inches on center along the edges of the plywood. All screws shall penetrate solid wood a
minimum of one (1) inch.
Diagram B
f
0
0
¾" CDX plywood w/minimum 4"
௭
1௭,_.;.. -
-
-
-
-
-+--
-
-
-
-
- - ,r-+ ...... ,
lap on exterior of opening. One
_..Ai
" ' -
sheet of plywood only unless
௭
I
opening is greater than 4' x 8'
Edge of Opening
(See Diagram A).
0
3/8" minimum carriage bolts with
exterior washer ¼" larger than bolt
size. Washer and double nuts on
inside. Install 3/8" carriage bolts as
close to all four (4) corners as
_ _ _ _ _ _ _ _ _
_,
..... .i
possible.
L. . '.i.............................................................
i
L
Protruding Windowsill - If no sill - 4"
-------
...................................................................................................
5
5
Diagram A
---------------
i
0
Edge of Opening
4" lap on exterior - - - - . . , ; __...__,__ _____
...._ ......... ...__ ____ ,..._.......,
of opening
o
o
2" x 4" with 4"
minimum
lap on
interior wall.
2" X 4" with 4"
minimum lap
on interior
wall.
Edge of Opening
12" wide piece of¾"
plywood. Lap 6" over
seam and fasten two
sheets of plywood
together with screws at
each corner and 8" on
First Sheet ¾" plywood
Second Sheet ¾" plywood
center along edges.
3 of 3