1-25-0094 Odor Control Program for Sanitary Sewer Collection System.pdf

S:\AS\Pur\2025\23 - Water Rec\25-0094 Odor Control for Sanitary Sewer Collection System\25-0094 Odor Control Program for Sanitary Sewer Collection System.docx

Request for Proposals for

Odor Control Program for Sanitary Sewer Collection System

July 11, 2025

City of Sioux Falls, South Dakota

Proposal Request No. 25-0094

S:\AS\Pur\2025\23 - Water Rec\25-0094 Odor Control for Sanitary Sewer Collection System\25-0094 Odor Control Program for Sanitary Sewer Collection System.docx 1

Request for Proposals Odor Control Program for Sanitary Sewer Collection System

Section 1

Introduction and Instructions

1.01 Purpose of the RFP

This Request for Proposal (RFP) is issued by the City of Sioux Falls (hereinafter referred to as the “City”). The City of Sioux Falls Water Reclamation is requesting proposals for services, chemicals and equipment required to implement and maintain full-service operation of the current odor and corrosion control program at the locations listed in the

RFP.

1.02 Contact Person, Telephone, and Email

David Dekker, Business Analyst, Finance Department, is the point of contact for this RFP.

Unauthorized contact regarding the RFP with other City employees may result in the vendor being disqualified.

David Dekker, City of Sioux Falls Finance Department Office Phone: 605-367-8833 Email: David.Dekker@siouxfalls.gov

1.03 RFP Schedule of Events

This schedule of events represents the City’s best estimate of the schedule that will be followed for this RFP. If a component of this schedule such as the deadline for receipt of proposals is delayed, the rest of the schedule will be shifted by the same number of days.

The approximate RFP schedule is as follows:

• RFP Issued: Friday, July 11, 2025

• Deadline for Questions: Wednesday, July 30, 2025, at 12pm CST

• Final Addenda: Monday, August 4, 2025

• Proposals Due: Thursday, August 14, 2025, at 2pm CST

• Review of Proposals: late August 2025

• Interviews (if necessary): September 2025

• Contract Award: October 2025

• Execute Contract: October 2025 mailto:David.Dekker@siouxfalls.gov

S:\AS\Pur\2025\23 - Water Rec\25-0094 Odor Control for Sanitary Sewer Collection System\25-0094 Odor Control Program for Sanitary Sewer Collection System.docx 2

1.04 Electronic Submission and Deadline for Receipt of Proposals

In order to streamline the submission process and ensure efficiency, we require electronic submission of proposals. Telegraphic, fax, email, and hand-delivered responses will not be accepted. All proposals must be submitted through the City’s designated e-procurement platform at siouxfalls.bonfirehub.com. Access to information and answers to frequently asked questions concerning the platform may be found at siouxfalls.gov/business.

Proposals should be submitted in PDF format. Include the RFP title and your organization’s name in the file of the proposed document (e.g., RFP_Title_OrganizationName.pdf). The City may request work level effort breakdown, which will be a separate file from your general proposal and should be submitted in a spreadsheet format (Excel).

Proposals must be received no later than 2 p.m., Central standard time, on Thursday, August 14, 2025. Proposals will not be publicly read at the opening.

A Firm’s failure to submit its proposal prior to the deadline will cause the proposal to be rejected. Late proposals or amendments will not be accepted for evaluation.

1.05 Questions and Addenda

Questions regarding this RFP shall be submitted in writing to the POC as stated in Section

1.02 or via the e-procurement platform. Answers to questions and addenda will be posted online within the solicitation on Bonfire. The deadline for questions is 12 noon, Central standard time, Wednesday, July 30, 2025.

No addenda will be issued after 5 p.m., Monday, August 4, 2025.

Responding Firms are prohibited from communicating in any other manner about this project with any other City employee from the date of issuance of this proposal until the final selection, unless otherwise directed by the Business Analyst. Other means of communications or contact may disqualify the submitting Firm.

Section 2 Scope of Work

2.01 Project Background

The City of Sioux Falls Water Reclamation invites qualified vendors to submit proposals for services, chemicals and equipment required to implement and maintain full-service operation of the current odor and corrosion control program at the locations listed in the

RFP.

It is the intent of the City to select a contractor based on qualifications, recommended operational approaches, timeline of startup, safety and performance of chemicals.

The contractor will provide chemical, equipment, testing, and analysis that is specified in the proposal.

S:\AS\Pur\2025\23 - Water Rec\25-0094 Odor Control for Sanitary Sewer Collection System\25-0094 Odor Control Program for Sanitary Sewer Collection System.docx 3

2.02 Project Goals

The City intends to enter into a five-year agreement with the awarded contractor with options to extend the agreement beyond the initial term.

2.03 Additional Information

1. Interviews will be performed if deemed necessary.

2. If needed, coordinate site tours visits with the listed point of contact in Section 1.02.

Requests for site visits must be received by July 22, 2025.

2.04 Contract Award

It is the City’s intent to enter into a contract with a Firm who best demonstrates the ability to provide the scope of work described above as determined by the evaluation criteria in Section 4. After a review of the proposals, if the City decides not to enter into contract, the City will notify all Firms.

Section 3

Proposal Format and Content

3.01 Submittal Requirements

The City discourages overly lengthy and costly proposals; however, in order to provide each Firm with an equal opportunity for consideration, adherence to a standardized proposal format is required.

PROPOSAL SECTION MAXIMUM PAGE LIMIT

Cover Letter 1 References 5 Scope of Services As necessary Schedule (if requested) As necessary Work Effort Breakdown (if requested) As necessary

1. Cover Letter.

Provide name and address of the Firm and project contact person with address, telephone number, and email address. Acknowledge receipt of any addenda if applicable.

Summarize your understanding of the project. Provide a statement indicating your ability to provide timely services and meet the requirements of the proposed schedule. Indicate your acceptance of the requirements of this RFP. Provide a one-page summary of the benefits you believe the City would receive from selecting your Firm.

The cover letter must be signed by a duly authorized official of the Firm. Consortiums, joint ventures, or teams submitting proposals must establish contractual responsibility rests solely with one company or one legal entity. Each submittal should indicate the entity responsible for execution on behalf of the proposal team. The Firm offer must be good for 180 days.

S:\AS\Pur\2025\23 - Water Rec\25-0094 Odor Control for Sanitary Sewer Collection System\25-0094 Odor Control Program for Sanitary Sewer Collection System.docx 4

2. References.

Each Firm shall supply recent examples of similar projects that the Firm was involved with.

The Firm shall provide a list with contact information of agencies that have requested their services. Include contact names with titles, email addresses, and telephone numbers.

3. Scope of Work/Services.

The following is offered to describe the general extent of services to be provided by the Firm. This is not all-inclusive, and the Firm shall include in the proposal any tasks and services deemed necessary to satisfactorily complete the work described. The City will rely on the Firm to develop a final scope of services identifying necessary tasks, meetings, and deliverables. Additional details outlining anticipated effort and deliverables for the associated task are to be provided as necessary.

4. Current Odor Control Program – two chemical injection locations

1. 1413 “C” Avenue (Lift Station 203) o Current chemical, at this location is Hydrogen Peroxide 50% with an average feed rate of 50 GPD o The building, chemical injection pumps, and tanks are owned by the city.

The building will be maintained by the City, but injection pumps and tanks will be operated and maintained by the contractor. The City will furnish replacement parts and equipment as needed

System information

Location

Daily Average

Flow (MGD)

Pipe Diameter

(in)

Line Length

(lf) 2

BOD3 Sulfide Concentration4 Technology

1413 “C” Ave.

(LS 215

Forcemain)

3.6 36 3,300 250 3.5-9.5 mg/L** Hydrogen Peroxide

50%

Standard Hydrogen Peroxide (50 percent) Feed Rates per Site Estimated Usage (GPD)5

Location Jan Feb Mar April May June July Aug Sept Oct Nov Dec 1413 “C” Ave.

(LS 215

Forcemain)

60 60 66 66 71 71 80 80 71 71 60 60

1Estimated flow 2Line length is from the chemical injection point at 1413 “C” Avenue to the receiving manhole.

3Estimated BOD based upon domestic flow attributes.

4Untreated sulfide concentrations.

5This data is based on historical information.

2521 S Southeastern Avenue (Pasley Park)

S:\AS\Pur\2025\23 - Water Rec\25-0094 Odor Control for Sanitary Sewer Collection System\25-0094 Odor Control Program for Sanitary Sewer Collection System.docx 5 o Current chemical in use at this location, SulFeLox, at an average of 50

GPD.

o The building and fence around the structure are owned by the City.

o The injection pumps, storage tanks, spill prevention system and eyewash/shower are supplied by the contractor.

o The contractor is responsible for the operations and maintenance of all their own equipment inside this facility.

o This facility is in a heavily used park. Vendors will need to provide a safe but effective chemical at this location.

o Estimated line length to mixing location with Hydrogen Peroxide 50% is

19,100 feet.

The flow tables provided are an average flow for the past six (6) months downstream of Pasley Park injection and after both chemicals are mixed.

Location Daily Aver Flow

(MGD)

Line Length From Injection Point

(estimated)

Technology

1801 E Cherry Rock Park

5.7 MGD 6,600 Feet SulFeLox

Location Daily Average Flow

(MGD)

Line Length From Mixing Location

(estimated)

Technology

600 E Chambers Street

11.99 MGD 3,500 Feet SulFeLox/ Hydrogen

Peroxide 50%

5. Full Service Technical Assistance

• Tank Filling o The contractor is responsible for delivering the specified chemicals to both locations.

o The driver is required to stay with the vehicle at any time that offloading occurs.

o The contractor is responsible for ensuring that their employees receive appropriate training and guidance on the proper use, handling, and spill response procedures for both chemicals.

o The contractor is responsible for notifying and reporting any spills, including those resulting from offloading or equipment failure to the appropriate agencies. Additionally, the contractor must manage the cleanup and disposal of any diluted chemicals, with the understanding that a reportable quantity is defined as 100 pounds or approximately 10 gallons of chemical.

• Technical Requirements o The supplier of the liquid phase odor control program will provide the product(s) as well as have the technical knowledge and current experience to manage the proper use of the product(s) as demonstrated by the list of five continuously operating odor control programs.

• Sampling and data gathering methods.

S:\AS\Pur\2025\23 - Water Rec\25-0094 Odor Control for Sanitary Sewer Collection System\25-0094 Odor Control Program for Sanitary Sewer Collection System.docx 6 o The supplier must have the capability to install remote hydrogen sulfide monitoring. Hydrogen sulfide data is to be downloaded once per day from a remote device by cellular communications to a server. Hardware can also be prompted through the Internet to initiate a download such that up-to-the-minute performance data is available at any time. Remote monitoring will be capable of the following:

1. Optimize product dosage by remote adjustment.

2. Provide real-time feedback on H2S data.

3. Provide access to H2S data through a SCADA-based system.

4. Provide an alarm via text or email for high loading.

5. Capable of measuring hydrogen sulfide concentrations from 0-

1000 ppm.

• Treatment Objectives o These objectives will hold for each selected line segment that is to be treated. These objectives may be subject to change based upon future corrosion studies or other factors. Additional treatment systems may be added and amended into the contract as necessary.

1. The vapor phase treatment objective for each control point shall be to maintain an average atmospheric sulfide concentration of less than 30 ppm with peaks less than 100 ppm.

2. The City will designate a minimum of three (3) preferred monitoring locations.

• Full-Service Odor Control Program Minimum Requirements o Testing: Continuous monitoring of the vapor phase shall be conducted at a minimum of (3) three locations. The data collected from these locations must be recorded and stored in a secure and accessible format. This data must be maintained for a minimum of (5) five years to allow for performance tracking and historical review. All data must be readily available for inspection and review by City staff.

o Analysis: Completed testing shall be analyzed for odor control efficiency.

Relevant system information shall be modeled for prediction of the odor control program’s efficiency.

o Recommendations: The supplier shall recommend feed rate changes as needed or appropriate based upon data analysis.

o Operation and Maintenance: Perform as needed the maintenance, repair, and replacement of the equipment associated with the odor control program.

The City will furnish recommended replacement parts for the equipment that it owns. Maintenance shall be performed as necessary on each site visit.

Repairs and/or replacement shall be made within 30 days of identifying issues and/or receiving replacement equipment. Failure to make repairs on a timely basis may result in grounds for termination by the City.

o Reporting: The supplier shall provide real-time data from the two (2) dosing locations and the results from the three (3) monitoring locations. In addition

S:\AS\Pur\2025\23 - Water Rec\25-0094 Odor Control for Sanitary Sewer Collection System\25-0094 Odor Control Program for Sanitary Sewer Collection System.docx 7 to real-time reporting, the supplier shall prepare and submit a monthly report that includes:

Monthly physical testing data Data analysis Planned operation and maintenance activities

Recommended dosing profiles: These reports shall be provided on a routine basis and supplemented as needed in the event of an emergency.

o Safety: Each year, the contractor shall provide safety training that includes at a minimum the chemical and physical properties of the treatment chemicals, personal protective equipment, and emergency response procedures.

6. Proposal Requirements.

• The contractor must include the following information in their proposals:

o Detailed specifications of the chemicals proposed at both facilities and how they coincide in the H2S removal process.

o Brief overview of the firm’s approach to odor control.

o Provide references with contact info demonstrating technical expertise and current experience in managing the proper application of odor control products, including a list of five continuously operating odor control programs.

o Names, qualifications and roles of key personnel.

o Safety program to ensure all chemicals used are safe for employees and the general public, with appropriate handling procedures and safety data provided.

o Outline how City staff will be able to access, and review logged data to monitor chemical usage and evaluate its effectiveness within the system. How long is the data stored by Contractor and in what form (Excel, PDF, etc.…) will the data be provided to the City?

o Provide an estimated schedule of start-up and delivery times.

o Cost proposals, including itemized pricing for chemicals, equipment (rent or purchase), tank (rent or purchase), data logging, and full operation and maintenance of both sites.

o What is the approach for managing chemical pricing adjustment? (e.g.

frequency of changes, linkage to a published index, etc.)

o

S:\AS\Pur\2025\23 - Water Rec\25-0094 Odor Control for Sanitary Sewer Collection System\25-0094 Odor Control Program for Sanitary Sewer Collection System.docx 8

Section 4 Review of Proposals and Selection of Finalists for Interviews

4.01 Selection Criteria

Upon receipt of the proposals, an evaluation team will determine the best proposal(s) deemed most qualified based on the following criteria:

Evaluation Criteria (100 Point Potential Score)

• 30 points—Project Understanding and Presentation o Proposal contains all required elements o Understanding of the project objectives o Approach to the project o Proposed work schedule and time till start up o Chemicals proposed meet the performance and safety needs of City

• 30 points—Technical qualifications o Project management capability o Experience of the assigned personnel o Staff/time availability to handle project within a desired period o Data capturing and utilization of that data to properly dose changing flows o Software available to City staff to monitor performance

• 20 points—Past Performance and References o Experience in providing municipal wastewater odor control program operations o Qualifications/knowledge/experience with similar projects o Firm’s background, size, and qualifications o Five (5) continuously operating odor control programs

• 20 points—Overall Cost

Upon review of the proposals, the City will rank or score the proposals and may short-list and interview the highest-ranking Firms. If interviews are deemed necessary, the City will reach out and invite those Firms. Upon completion of the interviews, the City will re-score the proposals and the highest-ranking Firm may be asked to enter into contract negotiations with the City. If an agreement cannot be reached with the highest ranked Firm, the City may move to the next highest ranked Firm or Firms. The same process will be repeated with the other ranked Firms if no such agreement can be reached. The City reserves the right to not select a Firm or Firms as part of this process if an agreement cannot be reached or for any other reason.

S:\AS\Pur\2025\23 - Water Rec\25-0094 Odor Control for Sanitary Sewer Collection System\25-0094 Odor Control Program for Sanitary Sewer Collection System.docx 9

4.02 Special Conditions

Excluding proprietary information, the proposal and the professional service contract of the Firm awarded and the contract are deemed public records and shall be available to the public upon request. In addition, the City shall maintain a “Register of Proposals for a Professional Service Contract,” which shall contain the names of Firms who submitted a proposal and the name of the Firm who was awarded the contract. However, the proposals of the submitting Firms not awarded the contract are nonpublic records and will remain confidential.

4.03 Contract Award

It is the City’s intent to enter into a contract with a Firm or Firms who best demonstrate the ability to provide all or some of the services that best fit the needs of the City. After reviewing the proposals, if the City decides to not enter into contract, the City will notify all Firms.

Section 5

Standard Proposal Information

5.01 Authorized Signature

An individual authorized to bind the Firm to the provisions of the RFP must sign all proposals.

5.02 City Not Responsible for Preparation Costs

The City will not pay any cost associated with the preparation, submittal, presentation, or evaluation of any proposal.

5.03 Proprietary Information

Excluding proprietary information, the successful Firm’s proposal and contract are deemed public records and shall be available to the public upon request. In addition, the City shall maintain a “Register of Proposals for this Contract,” which shall contain the names of companies who submitted a proposal and the name of the company who was awarded the contract; however, the proposals of the submitting Firms not awarded the contract are nonpublic records and will remain confidential.

5.04 Conflict of Interest

Firms must disclose any instances where the Firm or any individuals working on the contract has a possible conflict of interest and, if so, the nature of that conflict (e.g., employed by the City). The City reserves the right to cancel the award if any interest disclosed from any source could either give the appearance of a conflict or cause speculation as to the objectivity of the Firm’s proposal. The City’s determination regarding any questions of conflict of interest is final.

S:\AS\Pur\2025\23 - Water Rec\25-0094 Odor Control for Sanitary Sewer Collection System\25-0094 Odor Control Program for Sanitary Sewer Collection System.docx 10

5.05 Firm’s Certification

By signature on the proposal, the Offeror certifies that it complies with:

• The laws of the state of South Dakota.

• All applicable local, state, and federal laws, codes, and regulations.

• All terms, conditions, and requirements set forth in this RFP.

• A condition that the proposal submitted was independently arrived at without collusion.

• A condition that the offer will remain open and valid for the period indicated in this solicitation and any condition that the Firm and/or any individuals working on the contract do not have a possible conflict of interest (e.g., employed by the City).

If any Firm fails to comply with the provisions stated in this paragraph, the City reserves the right to reject the proposal, terminate the contract, or consider the contractor in default.

5.06 No Contact Policy

Any contact with any City representatives (other than already contracted business), related officials, or representatives other than those outlined in the RFP is prohibited.

Such unauthorized contact may disqualify your Firm from this procurement.

5.07 Indemnification

To the fullest extent permitted by law, the provider, its subcontractors, agents, servants, officers, or employees, shall indemnify and hold harmless the City including, but not limited to, its elected and appointed officials, officers, employees, and agents from any and all claims brought by any person or entity whatsoever, arising from any act, error, or omission of the provider during the Firm’s performance of the agreement or any other agreements of the Firm entered into by reason thereof. The Firm shall indemnify and defend the City including, but not limited to, its elected and appointed officials, officers, employees, and agents with respect to any claim arising, or alleged to have arisen from negligence, and/or willful, wanton, or reckless acts or omissions of the Firm, its subcontractor, agents, servants, officers, or employees, and any and all losses or liabilities resulting from any such claims, including, but not limited to, damaged awards, costs, and reasonable attorney’s fees. The indemnification shall not be affected by any other portions of the agreement relating to insurance requirements. The Firm agrees that it will procure and keep in force at all times at its own expense insurance in accordance with these specifications.

S:\AS\Pur\2025\23 - Water Rec\25-0094 Odor Control for Sanitary Sewer Collection System\25-0094 Odor Control Program for Sanitary Sewer Collection System.docx 11

5.08 Insurance Requirements

The Firm shall secure the insurance specified below. All insurance secured by the Firm under the provisions of this section shall be issued by insurance companies acceptable to the City. The insurance specified in this section may be in a policy or policies of insurance, primary or excess. Certificates of all required insurance shall be provided to the City upon execution of this agreement.

1. Workers’ compensation insurance providing the statutory limits required by South

Dakota law. In addition, it shall provide Coverage B, Employer’s Liability Coverage, of not less than $1,000,000 each accident, $1,000,000 disease-policy limits. The required limit may be met by excess liability (umbrella) coverage.

2. Commercial general liability insurance providing occurrence form contractual, personal injury, bodily injury, and a property damage liability coverage with limits of at least $1,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000 aggregate products and completed operations. The required limit may include excess liability (umbrella) coverage. The policy shall name the City and its representatives as an additional insured. If “occurrence form” insurance is not available, “claims made” insurance will be acceptable. The policy shall be maintained for three years after completion of this agreement.

3. Automobile liability insurance covering all owned, non-owned, and hired automobiles, trucks, and trailers. The coverage shall be as broad as that found in the standard comprehensive automobile liability policy with limits of not less than $1,000,000 combined single limit each occurrence. The required limit may include excess liability (umbrella) coverage.

4. Professional liability insurance providing occurrence basis coverage for the claims that arise from the errors of the Firm or its consultants, omissions of Firm or its consultants, failure to render a service by the Firm or its consultants, or the negligent rendering of the service by the Firm or its consultants in the amount of $1,000,000 each occurrence and $1,000,000 annual aggregate. If occurrence form insurance is not available, claims made coverage shall be maintained for two years after final completion of the services. The City does not represent that the above coverages and limits are adequate to protect the Firm or its consultant’s interest and assumes no responsibility therefore.

S:\AS\Pur\2025\23 - Water Rec\25-0094 Odor Control for Sanitary Sewer Collection System\25-0094 Odor Control Program for Sanitary Sewer Collection System.docx 12

5. Loss or breach of data liability coverage/cyber liability insurance covering third-party (including City employees) privacy liability claims resulting from theft, loss, or unauthorized display/use of confidential information, such as confidential third-party corporate and/or personally identifiable information in its care, custody, or control (electronically, on paper, or on a laptop). Such insurance must include coverage for a Firm’s employee causing the loss or breach. Coverage shall also be provided for liability arising from any confidential information that will be transferred or any transactions that will occur over the Internet (including breach of confidentiality or credit injury to any City customer or vendor arising out of these Internet activities). The aggregate limit shall be $1,000,000. If coverage is written on a claims-made basis, Firm warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this agreement; and that continuous coverage will be maintained, or an extended discovery period will be purchased for a period of one (1) year beginning when the services under the contract are completed. The City shall be named as an additional insured.

The Firm will provide the City with at least 30 days’ written notice of an insurer’s intent to cancel or not renew any of the insurance coverage. The Firm agrees to hold the City harmless from any liability, including additional premium due, because of the Firm’s failure to maintain the coverage limits required.

The City’s approval or acceptance of certificates of insurance does not constitute the City’s assumption of responsibility for the validity of any insurance policies, nor does the City represent that the above coverages are adequate to protect any individual/group/ business, its consultants’ or subcontractors’ interests, and assumes no liability therefore.

The Firm will provide the City with at least 30 days’ written notice of an insurer’s intent to cancel or not renew any of the insurance coverage. The Firm agrees to hold the City harmless from any liability, including additional premium due because of the Firm’s failure to maintain the coverage limits required.

The City’s approval or acceptance of certificates of insurance does not constitute the City’s assumption of responsibility for the validity of any insurance policies nor does the City represent that the above coverages and limits are adequate to protect any individual/group/business, its consultants’ or subcontractors’ interests, and assumes no liability therefore.

5.09 Nonappropriation

If funds are not budgeted or appropriated for any fiscal year for services provided by the terms of this Agreement, this Agreement shall impose no obligation on the City for payment. This Agreement is null and void except as to annual payments herein agreed upon for which funds have been budgeted or appropriated, and no right of action or damage shall accrue to the benefit of the Contractor, its successors or assignees, for any further payments.

S:\AS\Pur\2025\23 - Water Rec\25-0094 Odor Control for Sanitary Sewer Collection System\25-0094 Odor Control Program for Sanitary Sewer Collection System.docx 13

5.10 Civil Rights

The Contractor shall be subject to the provisions of Chapter 98 of the Code of Ordinances of Sioux Falls, SD. It is declared to be discrimination for the Contractor, because of race, color, sex, creed, religion, ancestry, national origin, or disability, to fail or refuse to hire, to discharge an employee, or to accord adverse, unlawful, or unequal treatment to any person or employee with respect to application, hiring, training, apprenticeship, tenure, promotion, upgrading, compensation, layoff, discharge, or any term or condition of employment.

If the Contractor is guilty of discrimination, this Agreement may be terminated in whole or in part by the City and the Contractor shall be liable for any costs or expense incurred by the City in obtaining from other sources the work and services to be rendered or performed or the goods or properties to be furnished or delivered to the City under the Agreement so terminated or canceled.

Should the Sioux Falls Human Relations Commission in a proceeding brought as provided by the Code of Ordinances of Sioux Falls, SD, find that the Contractor has engaged in discrimination in connection with this Agreement and issue a cease and desist order with respect thereto, the City shall withhold up to 15 percent of the contract price until such time as the Commission’s order has been complied with or the Contractor has been adjudicated not guilty of such discrimination.

The Contractor will permit access to any and all records pertaining to hiring and employment and to other pertinent data and records for the purpose of enabling the Commission, its agencies or representatives, to ascertain compliance with the above provisions.

This section shall be binding on all subcontractors or suppliers.

5.11 Special Conditions

The City reserves the right to reject any and all proposals, to waive formalities, and to select the proposal and developer(s) that, in the City’s sole discretion, are in the best interests of the City of Sioux Falls, South Dakota.

The City reserves the right to:

a. Amend, modify, or withdraw this RFP.

b. Revise any requirements under this RFP.

c. Require supplemental statements of information from any responding party.

d. Extend the deadline for submission of responses hereto.

e. Negotiate or hold discussions with any bidder to correct insufficient responses that do not completely conform to the instructions contained herein.

f. Waive any nonconformity with this RFP.

S:\AS\Pur\2025\23 - Water Rec\25-0094 Odor Control for Sanitary Sewer Collection System\25-0094 Odor Control Program for Sanitary Sewer Collection System.docx 14

g. Cancel, in whole or in part, this RFP if the City deems it is in its best interest to do so.

h. Request additional information or clarification of information provided in the response without changing the terms of the RFP.

i. Waive any portion of the selection process in order to accelerate the selection and negotiation with the top-ranked Firm.

j. Not award a contract as a part of, or result of, this RFP process.

The City may exercise the foregoing rights at any time without notice and without liability to any bidder, or any other party, for expenses incurred in the preparation of responses hereto or otherwise.