1-PDF POSTING DOCUMENT 26RFP034 - ALUMINUM SULPHATE FNL EUNA POSTING DOCUMENT.pdf

Last Update: 02/12/2025 COS RFP Template

ISSUING AGENCY – CITY OF SCOTTSDALE

FORMAL REQUEST FOR PROPOSAL

ALUMINUM SULPHATE FOR WATER DEPARTMENT

26RFP034

CRITICAL DATES

PROPOSAL SUBMITTAL DUE: WEDNESDAY, APRIL 1, 2026, 2:00PM AZ LOCAL TIME

QUESTIONS DUE: TUESDAY, MARCH 24, 2026, 2:00PM AZ LOCAL TIME

SUBMITTAL RECEIPT AND OPENING

The City of Scottsdale is utilizing Bonfire Interactive to provide a procurement portal that allows access to business opportunities and to submit bids and proposals electronically. If you are not registered as a City of Scottsdale Bonfire vendor visit the Bonfire portal at City of Scottsdale, AZ (bonfirehub.com) then follow the link to the Bonfire vendor registration page to register your company. Registration is easy and free. If you have any challenges with the registration process, please contact Bonfire Interactive Support at support@gobonfire.com.

SEALED SOLICITATION SUBMITTALS WILL BE ELECTRONICALLY RECEIVED until the time and date stated in the portal and in the CRITICAL DATES section of the solicitation document. It shall be the responsibility of the proposer to confirm that proposals contain all required documents and are submitted electronically through the City of Scottsdale procurement portal at: City of Scottsdale, AZ (bonfirehub.com).

LATE SUBMITTALS WILL NOT BE ACCEPTED The Purchasing office will conduct a remote/online Microsoft Teams Live Event meeting for the public opening of the solicitation. To virtually attend this meeting, visit us online by clicking the following link 26RFP034

It is strongly recommended you begin your submission upload process at least one (1) day prior to the deadline. Any technical or internet-related issues that may arise during your submission are not grounds to extend the deadline.

INFORMATION REQUESTS

Requests for any information relating to this solicitation should be directed to the purchasing staff listed below:

Kathleen Shipman Bid & Contract Analyst kshipman@scottsdaleaz.gov 480-312-5716

Bidders shall not contact any City of Scottsdale employee, officer, or director other than purchasing regarding this solicitation until after the award of a contract. Any such unauthorized contact may result in bidder being disqualified from further consideration.

https://scottsdaleaz.bonfirehub.com/portal/?tab=login mailto:support@gobonfire.com https://scottsdaleaz.bonfirehub.com/portal/?tab=login https://teams.microsoft.com/meet/26633158964178?p=EPBtsNQchvpsiUscBG

INSTRUCTIONS TO BIDDERS

GENERAL TERMS AND CONDITIONS

The Instructions to Bidders and General Terms and Conditions for formal solicitations, are listed as attachments A and B as outlined below and shall be downloaded by prospective Bidders as part of the solicitation.

Attachment A - Formal Solicitation Instructions to Bidders (current version at time of posting).

Applies to all formal Invitation for Bids (IFB) and Request for Proposals (RFP).

Attachment B - Formal Solicitation General Terms and Conditions (current version at time of posting). Applies to all formal Invitation for Bids (IFB) and Request for Proposals (RFP).

Attachment C – “Sample” City of Scottsdale City Services Contract (current version at time of posting). Applies to all formal Invitation for Bids (IFB) and Request for Proposals (RFP).

TABLE OF CONTENTS

SECTION 1 - INTRODUCTION

A. Intent B. Background

SECTION 2 – STATEMENT OF NEED

A. Specifications B. Contractor’s Qualifications C. Contractor’s Responsibilities D. City’s Responsibilities

SECTION 3 – SPECIAL TERMS AND CONDITIONS

SECTION 4 – EVALUATION CRITERIA

A. Evaluation Criteria

SECTION 5 – SUBMITTAL PREPARATION REQUIREMENTS

SECTION 6 – REQUIRED FORMS

A. Proposal Signature B. Pricing Proposal Form C. Bidder General Disclosure Form D. Bidder Litigation Disclosure Form E. References F. Subcontractor List G. Bidder Questionnaire-Product/Service Information H. Bidder Questionnaire-Company Information I. Bidder Questionnaire-Equipment List J. Bidder Questionnaire-Similar/Relevant Projects

SECTION 7 – ATTACHMENTS

A. Instructions to Bidders B. General Terms and Conditions C. City of Scottsdale “Sample” City Services Contract

SECTION 1 - INTRODUCTION

A. INTENT

The City of Scottsdale is seeking proposals from qualified vendors to supply and deliver liquid aluminum sulfate (Al2(SO4)3.14H2O to be used for water treatment at CAP water treatment plant.

B. BACKGROUND

The City of Scottsdale CAP Water Treatment Plant currently treats approximately 70 million gallons per day (MGD) of raw water with the use of liquid alum as coagulant. The plant anticipates annual use of liquid alum to be approximately 7 million pounds. The City of Scottsdale currently receives 48% Aluminum as Al2(SO4)3. 14H2O (Dry Alum) which is the preferred concentration.

SECTION 2 – STATEMENT OF NEED

A. SPECIFICATIONS

1. All products provided under the resulting contract shall meet the following minimum requirements:

1.1 Specification

An affidavit attesting that all liquid aluminum sulfate supplied under this specification is certified by the National Sanitation Foundation to meet AWWA Standard B-403-09 and NSF Standard 60, as revised May 2013 (Drinking Water treatment Chemicals – Health Effects), shall be included with the bid. The liquid alum requested by the City shall meet the following general requirements:

• At minimum 47% Aluminum as Al2(SO4) .14H2O (Dry Alum)

• At minimum 8% Aluminum oxide (AL2O3)

• At minimum 5.4lbs/gal as dry Aluminum Sulfate (Al2(SO4)3)

• At minimum liquid alum density (pounds/gallon) = 11.0lbs/gal

• Approximately 1.33 specific gravity at 21 degrees Celsius

1.2 Impurities

The liquid aluminum sulfate supplied under this specification shall contain no soluble mineral or organic substances in quantities capable of producing deleterious or injurious effects on public health or water quality.

1.3 Quotation/ Sample Invoice

The City estimated delivery of liquid aluminum sulfate is about 5 million pounds per year.

Pricing for the liquid alum shall be based on dry alum per ton and based on the percent concentration of dry alum delivered.

For example:

The actual percent concentration of dry alum to be delivered = 48.25% (0.4825) Amount (lbs.)

of Liquid Alum per year to be delivered = 5,000,000 lbs.

(2000 lbs. = 1 ton)

5,000,000 lbs. x 0.4825 = 2,412,500 lbs. dry alum / 2,000 = 1,207 tons dry alum

In addition: Contractor shall submit a sample invoice assuming an FTL delivery of 45,000 lbs. of liquid alum at 48.25% concentration of dry alum.

Dry Weight/Ton Chemical Unit Price/Ton Extended Price

1,207 Dry Alum

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1.4 Base Requirements

a. The Contractor shall follow safe working practices and provide their employees the appropriate safety equipment during material delivery and pickup.

b. The Contractor shall be responsible for the cleanup of any spills during delivery that are caused by the Contractor’s equipment, off-loading technique or packaging failure. The Contractor shall provide technical support for spills of those materials supplied by the Contractor. This will include a 24-hour emergency phone number. Additional requirements specific to individual chemicals are defined above in Section A.1.1 of this document.

c. All chemicals and all raw materials, reagents, or materials introduced during manufacture, formulation of the proposed product shall be disclosed by the Contractor. Where applicable, the Contractor shall identify any such materials that are not virgin or first-use materials including those that are recycled, regenerated, reclaimed, reconstituted, or otherwise derived from secondary-use sources.

d. The Contractor shall certify that the final product contains no substances, impurities, or by-products in concentrations capable of producing deleterious or injurious effects on the health of individuals consuming water treated with the product. All chemicals shall conform to National Sanitary Foundation (NSF) Standard 60 and/or appropriate AWWA/ANSI Standard and/or if applicable.

e. Excessive shipping times of longer than seven (7) business days from the time the order was placed will be cause for a rejection of bids.

1.5 Delivery

a. Due to increased Security measures, City of Scottsdale Water Resource’s facilities have additional requirements that need to be followed in order to receive chemicals. Some measures include Contractor pre-delivery notification with estimated delivery times per site, site access restrictions and approvals, Contractor driver’s photo identification license and bill of lading review, prior to site entry.

Chemicals for this contract will be delivered to:

City of Scottsdale Central Arizona Project (CAP) Water Treatment Plant 8660 E. Union Hills Scottsdale, AZ 85260.

b. All deliveries shall be made on weekdays from 7:00 a.m. to 5:00 p.m. Any weekend deliveries for all locations are allowable with prior approval of the Treatment Manager or authorized representative.

c. Contractor’s vehicles shall have proper signage that includes the company name and/or logo. The signage shall, at a minimum, appear on the right and left sides of the vehicle and be easily recognizable to facility personnel. Magnetic signs meeting this criterion are acceptable.

d. The Contractor shall supply all equipment needed to safely transfer chemicals to the City’s storage facilities. It shall be the responsibility of the Contractor to ensure compatibility with the delivery truck to the City’s site. Any modifications to the Contractor’s equipment will be at the Contractor’s expense.

e. The Contractor shall make deliveries as scheduled regardless of work stoppages, strikes or other labor disputes.

1.6 Certified Weights

a. Bulk shipments/truck loads shall be weighed on scales certified by the U.S. Department of Transportation or authorized equivalent.

b. Contractor shall provide a copy of the weight ticket to the City at the time of deliver.

1.7 Certificate of Analysis

a. Certificates of Analysis shall be provided for each delivery and upon City request.

b. The analysis shall have been performed on the actual lot supplied to the City and shall have been performed by a certified laboratory.

c. The City retains the right to have an independent analysis conducted on the product. If the results of this analysis indicate the product is acceptable, then the City shall pay for the cost of the analysis. If the product in question does not meet specifications, the Contractor shall pay for the cost of the analysis and remove the material in question at the Contractor’s expense.

d. Immediately upon execution of an agreement, the Contractor shall provide to the

City, the name, address and telephone number of the contact person to request shipment.

B. CONTRACTOR QUALIFICATIONS

1. The Contractor shall be in compliance with all applicable Federal, State, Local, ANSI and OSHA laws, rules and regulations and all other applicable regulations for the term of this contract.

2. The Contractor, without additional expense to the City, shall be responsible for obtaining and maintaining any necessary licenses and permits required in connection with the completion of the required services herein.

3. The Contractor may not subcontract any segment or services covered herein, without prior written approval of the Contract Administrator. All subcontractors used under the scope of this contract shall meet all requirements, terms and conditions set forth herein. All subcontracted services shall be warranted by and be the responsibility of the Contractor.

C. CONTRACTOR’S RESPONSIBILITIES

1. The Bidder is encouraged to read the Solicitation documents very carefully, as the

City shall not be responsible for errors and omissions on the part of the Bidder. The Bidder is also encouraged to carefully review their final submittal documents, as the Evaluation Committee is not required to make interpretations or correct detected errors in calculations.

2. Bidder shall familiarize themselves with the nature and extent of the solicitation and contract documents, work to be performed, all local conditions, and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the work.

3. All components (equipment / parts / products) furnished under the scope of this contract shall be new and shall be the standard product of a manufacturer, who is fully experienced, reputable, qualified and regularly engaged in the manufacture of the component to be furnished.

4. All products supplied by the Contractor shall meet all applicable Federal, State, Local, ANSI, and OSHA laws, rules, and regulations pertaining to the products covered under the scope of this contract.

5. Product Removal - If the City determines that the product does not meet specifications, the contractor will remove the substandard product at Contractor expense within five (5) days of notification. The Contractor will replace all the substandard product at Contractor’s expense.

D. CITY’S RESPONSIBILITIES

1. The Contract Administrator for the resulting contract shall be the Water Services Production Manager or designee.

SECTION 3 - SPECIAL TERMS AND CONDITIONS

1. ACCEPTANCE / AGREEMENT

Contractor shall act under the authority and approval of the Contract Administrator for the City, further named herein, to provide the services required by this Contract.

If for any reason the Offeror should fail to accept in writing, any conduct by Offeror which recognizes the existence of a Contract/Agreement pertaining to the subject matter hereof shall constitute acceptance by Offeror of the Contract/Agreement and all of its terms and conditions.

Any terms proposed in Offeror's acceptance of City's Contract which adds to, varies from or conflicts with the terms herein are hereby rejected by the City. Any such proposed terms shall be void and the terms herein shall constitute the complete and exclusive statement of the terms and conditions of the Contract/Agreement between the parties.

2. ACCURACY OF WORK

The Contractor shall be responsible for the accuracy of the work requested and shall promptly make all necessary revisions or corrections without additional compensation. Acceptance of the work by the Contract Administrator will not relieve the Contractor of the responsibility for subsequent correction of any errors and the clarification of any ambiguities.

3. ADDITIONAL LOCATIONS

The City of Scottsdale reserves the right to add or subtract to this Contract as the need arises due to changes in the number of buildings. In the event the City needs to add to this Contract, the pricing for any additions to services shall be applied per the applicable Contract unit costs.

Any additions or subtractions to the Contract shall be done via a written amendment and be a MINIMUM of thirty (30) days prior to the changes taking effect.

4. BACKGROUND CHECK

The Contractor acknowledges that the City may require a background and/or criminal records check of Contractor, which may include fingerprinting. If, in the City’s sole discretion, the City determines that the Contractor refused to participate in a background and/or criminal records check or the City no longer wishes to contract with the Contractor due to the results of a background and/or criminal records check, the CITY may terminate this agreement effective immediately upon the CITY’S notice to the Contractor.

5. CITY ASSURANCE

The Contract Administrator shall report to the Contractor in writing, via email, or other written documentation, all deficiencies in the quality of performance of the maintenance service. All communication, written or verbal, between the City of Scottsdale and the Contractor shall be in English.

All deficiencies in the performance of the Contractor’s service shall be corrected promptly by the Contractor as directed by the Contract Administrator.

The Contract Administrator may monitor and review the performance of the Contractor and employees. The outcomes of this oversight may have a direct bearing on the opportunity to negotiate a renewal of the Contract, when applicable.

6. CITY OBSERVED HOLIDAYS

City holiday time frame to be 6:00 P.M. the eve of the holiday until 6:00 A.M. on the day after the holiday.

City Holidays Include: New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Thanksgiving Day (plus Day after Thanksgiving), Christmas Day.

a. New Year’s Day January 1st (or Friday before or Monday after)

b. Martin Luther King Day 3rd Monday in January

c. President’s Day 3rd Monday in February

d. Memorial Day Last Monday in May

e. Juneteenth June 19th

f. Independence Day July 4th (or Friday before or Monday after)

g. Labor Day 1st Monday in September

h. Veteran’s Day November 11 (or Friday before or Monday after)

i. Thanksgiving Day 4th Thursday in November

j. Day after Thanksgiving 4th Friday in November

k. Christmas Day December 25th (or Friday before or Monday after)

7. COMPLETENESS AND ACCURACY

The Consultant will be responsible for the completeness and accuracy of work prepared by the Consultant and will correct, at its expense, all errors or omissions which may be disclosed. The cost to correct those errors will be chargeable to the Consultant. Additional construction added to the project will not be the responsibility of the Consultant unless the need for additional construction was created by any error, omission, or negligent act of the Consultant. The City’s acceptance of the Consultant’s work will not relieve the Consultant of any of its responsibilities.

The professional standard to which the Consultant is held will be that of a similar Consultant as practiced in the State of Arizona.

8. CONTRACT ADMINISTRATION

The Contract Administrator, as identified in the Statement of Need shall audit the billings, approve payments, establish schedules, approve addenda to the contract, and generally be responsible for overseeing the execution of the contract.

9. CONTRACTOR’S EMPLOYEES’ IDENTIFICATION AND WORK APPAREL

All Contractor employees performing work under the scope of this Contract shall wear conservative style uniform shirts that will have sewn on or embossed identification labels of the Contractor’s company name, and/or, logo, and will appear on the front area of the shirt near chest height of the shirt. Shirts may also have company name or logo appear on the backside of the shirt. Contract Administrator will approve proper identification on uniforms during the life of the Contract.

Contractor shall provide employees with identification nametags to include name and picture of the employee and Contractor's company name and applicable logo. Employee will wear the nametag in plain view on his person at all times while performing the work under the scope of the Contract. All employees shall have the supervisor’s business cards available. In addition, the ‘lead person’ of each crew shall wear a badge clearly identifying the position of crew leader.

Contractor’s employees shall wear uniform style slacks, “Levi” type slacks, or Bermuda type shorts. If shorts are worn, they shall be of Bermuda style length (cut just above the knee). Cut-offs and short-shorts are not acceptable wearing apparel.

Outlandish styles, patterns, hats, colors of wearing apparel, verbiage imprinted on apparel, etc., worn by a Contractor Employee that may promote negativity in the workplace, or advertise any product other than the Contractor’s company name and/or logo will not be allowed.

Sandals, flip-flops, open-toed shoes are not acceptable footwear.

The Contract Administrator shall be the sole determinant of the appropriateness of all work apparel.

Contractor shall insure that all employees performing any work at any location under the scope of this Contract are furnished and use the proper Personal Protective Equipment (PPE) based on the type of work the employee is doing and the type of hazard the employee may encounter or be exposed to.

Walkman type radios or any apparatus, which may impede hearing or sight, will not be allowed.

Earplugs and/or safety glasses are exempt.

The Contractor may instruct all employees, in advance, as to procedures in the event of a medical emergency.

If an injury to an employee is of sufficient nature to warrant immediate professional medical attention, the employee shall seek out proper medical attention immediately.

The employee shall notify the on-duty lead person (or supervisor) of any personal injury, including minor cuts, scrapes or burns. The on-duty lead person shall immediately notify the Contract Administrator of such injuries.

10. CONTRACTOR SUPERVISORS AND CREWS

The Contractor’s Supervisor(s) shall have full authority to act on behalf of the Contractor in any situation.

The Contractor’s Supervisor(s) and crews shall be monitored by the Contract Administrator for their effectiveness interacting with City personnel, citizens, and ability to maintain a written schedule. The knowledge and effectiveness of the Contractor’s Supervisor(s) and crews shall have a direct impact on any possible and applicable Contract extensions.

Actual crew size shall be the responsibility of the Contractor to establish.

A fully staffed crew shall be defined as a MINIMUM of the following:

• One (1) Supervisor (Crew Leader) who is conversant in the ‘English language’

• One (1) vehicle capable of performing the required work as indicated by the Contract

Administrator at the time of the service request.

• Additional crew members as required to complete the required work as indicated by the

Contract Administrator at the time of the service request.

11. DELAYS AND EXTENSIONS

During the course of this Contract, if deemed in the best interest of the City of Scottsdale, an extension of time may be granted. However, any time extension so granted shall not constitute or operate as a waiver by the City of Scottsdale of any of its rights herein.

12. DELIVERY

Once a Purchase Order is placed with the Contractor, the Contractor shall complete all work associated with the Purchase Order within thirty (30) days, or as approved by the Contract Administrator.

13. FREIGHT

All shipments of goods covered under the scope of this Contract are F.O.B. City of Scottsdale.

All standard freight and/or delivery charges shall be included in the unit pricing quoted/bid herein.

The only allowable freight and/or delivery charges shall be if the Contract Administrator specifically requests other than standard freight and/or delivery (e.g., overnight delivery, etc.).

Special freight charges shall be quoted to and authorized by the Contract Administrator prior to invoicing.

14. FUEL SURCHARGES

Fuel surcharges shall NOT be allowable during the term of this Contract.

15. INSURANCE REQUIREMENTS

Insurance Representations and Requirements

General Contractor agrees to comply with all applicable City ordinances and state and federal laws and regulations.

Without limiting any obligations or liabilities of Contractor, must purchase and maintain, at its own expense, this Contract’s stipulated minimum insurance with insurance companies properly licensed by the State of Arizona (admitted insurer) with an AM Best, Inc. rating of B ++ 6 or above or an equivalent qualified unlicensed insurer by the State of Arizona (non-admitted insurer) with policies and forms satisfactory to City of Scottsdale. Failure to maintain insurance as specified may result in termination of this Contract at City of Scottsdale’s option.

No Representation of Coverage Adequacy By requiring the insurance stated in this Contract, the City of Scottsdale does not represent that coverage and limits will be adequate to protect Contractor. City of Scottsdale reserves the right to review any and all of the insurance policies and/or endorsements required by this Contract but have no obligation to do so. Failure to demand any evidence of full compliance with the insurance

COS RFP Template requirements stated in this Contract or failure to identify any insurance deficiency does not relieve Contractor from, nor may it be construed or considered a waiver of Contractor’s obligation to maintain the required insurance at all times during the performance of this Contract.

Coverage Term All insurance required by this Contract must be maintained in full force and effect until all work or services required to be performed under the terms of this Contract are satisfactorily performed, completed and formally accepted by The City of Scottsdale, unless specified otherwise in this Contract.

Claims Made In the event any insurance policies required by this Contract are written on a “claims made” basis, coverage shall continue uninterrupted throughout the term of this Contract by keeping coverage in force using the effective date of this Contract as the retroactive date on all “claims made” policies. The retroactive date for exclusion of claims must be on or before the effective date of this Contract and can never be after the effective date of this Contract. Upon completion or termination of this Contract, the “claims made” coverage shall be extended for an additional three

(3) years using the original retroactive date, either through purchasing an extended reporting option; or by continued renewal of the original insurance policies. Submission of annual Certificates of Insurance, citing the applicable coverages and provisions specified herein, shall continue for three (3) years past the completion or termination of this Contract.

Policy Deductibles and or Self-Insured Retentions The policy requirements may provide coverage which contains deductibles or self-insured retention amounts. Any deductibles or self-insured retention are not applicable to the policy limits provided to City of Scottsdale. Contractor is solely responsible for any deductible or self-insured retention amount. City of Scottsdale, at its option, may require Contractor to secure payment of any deductible or self-insured retention by a surety bond or irrevocable and unconditional letter of credit.

Use of Subcontractors If any work under this Contract is subcontracted in any way, Contractor must execute a written agreement with Subcontractor containing the same Indemnification Clause and Insurance Requirements as stated in this Contract protecting City of Scottsdale and Contractor. Contractor will be responsible for executing the agreement with Subcontractor and obtaining Certificates of Insurance verifying the insurance requirements.

Evidence of Insurance and Required Endorsements Before starting any work or services under this Contract, Contractor must furnish City of Scottsdale with Certificate(s) of Insurance, or formal endorsements as required by this Contract, issued by Contractor’s insurer(s) as evidence that policies are placed with acceptable insurers as specified in this Contract and provide the required coverage, conditions, and limits of coverage and that this coverage and the provisions are in full force and effect. If a Certificate of Insurance is submitted as verification of coverage, City of Scottsdale will reasonably rely upon the Certificate of Insurance as evidence of coverage, but this acceptance and reliance will not waive or alter in any way the insurance requirements or obligations of this agreement. If any of the above cited policies expire during the life of this Contract, it is Contractor’s responsibility to forward renewal Certificates within ten (10) days after the renewal date containing all the aforementioned insurance provisions. Certificates must specifically cite the following provisions endorsed to the Contractor’s policy:

City of Scottsdale, its agents, representatives, officers, directors, officials and employees must be named an Additional Insured under the following policies:

a) Commercial General Liability

b) Auto Liability

c) Excess Liability - Follow Form to underlying insurance as required.

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2. Contractor’s insurance must be primary insurance as respects performance of subject contract.

3. All policies, except Professional Liability Insurance, if applicable, waive rights of recovery (subrogation) against City of Scottsdale, its agents, representatives, officers, directors, officials and employees for any claims arising out of work or services performed by Contractor under this Contract.

4. If the Contractor’s receives notice that any of the required policies of insurance are materially reduced or cancelled, it will be Contractor’s responsibility to provide prompt notice of same to the City, unless such coverage is immediately replaced with similar policies.

Required Coverage

Commercial General Liability Contractor must maintain “occurrence” form Commercial General Liability Insurance with a limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate, and a $2,000,000 General Aggregate Limit. The policy must cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury. If any Excess insurance is utilized to fulfill the requirements of this section, the Excess insurance must be “follow form” equal or broader in coverage scope than underlying.

Vehicle Liability If any vehicle is used in the performance of the Scope of Work that is the subject of this Contract, the Contractor must maintain Business Automobile Liability Insurance with a limit of $1,000,000 each occurrence on Contractor’s owned, hired, and non-owned vehicles assigned to or used in the performance of the Contractor’s work or services under this Contract. If any hazardous material, as defined by any local, state or federal authority, is the subject, or transported, in the performance of this contract, an MCS 90 endorsement is required providing $5,000,000 per occurrence limits of liability for bodily injury and property damage. If any Excess insurance is utilized to fulfill the requirements of this section, the Excess insurance must be “follow form” equal or broader in coverage scope than underlying.

Workers’ Compensation Insurance Contractor must maintain Workers’ Compensation Insurance to cover obligations imposed by federal and state statutes applicable to Contractor’s employees engaged in the performance of work or services under this Contract and must also maintain Employers’ Liability Insurance of not less than $100,000 for each accident, $100,000 disease for each employee and $500,000 disease policy limit. If the Contractor is a sole proprietor or a single member limited liability company with no employees and has elected not to purchase Workers’ Compensation Insurance; a completed and signed Workers’ Compensation Waiver Form will substitute for the insurance requirement.

Vehicle Liability Contractor shall maintain Business Automobile Liability Insurance with a limit of $5,000,000 each occurrence on Contractor’s owned, hired, and non-owned vehicles assigned to or used in the performance of the Contractor’s work or services under this Contract. If any hazardous material, as defined by any local, state or federal authority, is the subject, or transported, in the performance of this Contract, an MCS 90 endorsement is required providing $5,000,000 per occurrence limits of liability for bodily injury and property damage. If any Excess insurance is utilized to fulfill the requirements of this paragraph, such Excess insurance shall be “follow form” equal or broader in coverage scope then underlying insurance.

16. INVOICING

All invoices submitted for work done under the scope of this Contract MUST BE ITEMIZED.

Itemized invoices shall contain a MINIMUM of the following information:

• Vendor Name

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• Remit to Address

• Purchase Order Number

• Invoice Date

• Invoice Number

• Date service/work was completed

• Complete description of work completed

• Location where service/work was performed

• Itemized list of all charges (quantity, description, unit pricing per the contract)

• Tax Amount (if applicable)

• Total Invoice Amount

The Contractor shall submit invoices with all supporting documentation within thirty (30) days after the service/work is completed and approved by the Contract Administrator.

17. KEY PERSONNEL

The Contractor shall provide an adequate staff of experienced personnel capable of and devoted to the successful accomplishment of Contract work. The Contractor shall assign the specific individuals identified in its proposal to key positions. The Contract is predicated, in part and among other considerations, on the utilization of the specific individual(s) and/or personnel qualification(s) identified and/or described in the Contractor’s offer. Therefore, no substitution of such specified individuals and/or personnel shall be made without prior written approval of the CA. Any substitution of personnel under this Contract shall be equal or better than those identified in the Contract. The City’s approval of a personnel substitution shall not be construed as an acceptance of the substitution’s performance potential. No approval shall be unreasonably withheld of a proposed substitution of personnel. The Contractor shall bear all transitional expenses incurred for any costs associated with removing or replacing Key Personnel who are performing work under the Contract.

18. LIQUIDATED DAMAGES

If the Contractor fails to deliver the supplies or perform the services within the time specified in their Contract, or any extension thereof, the actual damages to the City of Scottsdale for the delay will be difficult or impossible to determine. In lieu of actual damages, the Contractor shall pay the City an amount equal to the additional costs the City would reasonably incur to procure the product from an alternate source.

The Contractor shall not be charged with liquidated damages when the delay arises out of causes beyond their control and without the fault or negligence of the Contractor.

19. MULTIPLE AWARDS

If deemed to be in the City of Scottsdale’s best interests, the City reserves the right to award multiple Contracts as a result of the solicitation process. While multiple awards are possible, the preferred procedure is to make a single award for each commodity or category of commodity.

20. NON-COMPLIANCE CONDITIONS AND REMEDIES

Schedule Non-Compliance – Failure to maintain the approved or adjusted schedule will result in the issuance of a notice of non-compliance by the Contract Coordinator, or designee. Failure to correct the non-compliance situation within the time imposed by the City may result in the Contractor’s forfeiture of payment for the work that was not completed in the timeline issued by the Contract Administrator, or designee. At this point the City of Scottsdale will exercise its right to either perform the work itself or use another approved company to perform the work. Any work done in this manner will be deducted from the monthly billing. This action will in no way alleviate

COS RFP Template the responsibility of the Contractor to continue the maintenance of this site once the area has been recovered.

Employee Non-Compliance – Any employee(s) not following the standards set forth herein will be asked to leave the job site until basic work standards are met. This shall not alleviate the Contractor from fulfilling its responsibility to adhere to the schedule established with the Contract Administrator, or designee.

Throughout the life of this Contract every effort will be made to maintain effective communication with the Contractor. Phone calls, emails and faxes will be the normal way of alerting the Contractor to minimal violations. Persistent and/or negligence will be dealt with in a formal setting.

Failure of the Contractor to perform any services or requirements of the Contract shall be cause for the Contract Administrator to deduct payment based on administration costs, cost of labor for services having to be accomplished by others, supplies and materials; to be determined by the Contract Administrator. The disciplinary procedure for this section shall be:

First Infraction – A letter of ‘non-compliance’ shall be issued by the Contract Administrator. The Contractor shall have twenty-four (24) hours to respond in writing detailing what steps shall be taken to bring the maintenance back to compliance with the Contract. Remedy shall be executed within seventy-two (72) hours of notice issued by Contract Administrator to avoid a second letter of non-compliance. A letter of non-compliance will not result in any money charged against the Contractor.

Second Infraction – The second infraction in the same area or the same type of infraction shall result in a meeting with the Contractor. The second letter of non-compliance shall result in a deduction from the Contractor’s monthly bill per the Liquidated Damages clause. Failure to correct the non-compliance situation within the time imposed by the City may result in the Contractor’s forfeiture of payment for the work that was not completed in the timeline issued by the Contract Administrator. At this point the City of Scottsdale will exercise its right to either perform the work itself or use another approved to perform the work. Any work done in this manner will be deducted from the monthly billing. This action will in no way alleviate the responsibility of the Contractor to continue the maintenance of this site once the area has been recovered.

Third Infraction - The third infraction, within six (6) months, shall result in a meeting between the Contractor, City of Scottsdale staff and City of Scottsdale Purchasing staff. The Contractor shall explain, and put in writing, the action they are going to implement to avoid this situation further.

The third infraction results in the Contractor being put on forty-five (45) day probation, beginning with the meeting with City staff. At any time during the forty-five (45) day probation period the Contractor may be terminated with a seven (7) day notice. Any payments due at that time shall be frozen until the Contract has been serviced to specifications. If this is not possible the Contractor has no expectation of payment

21. PRICE ADJUSTMENTS

Price increases may only be requested by the Contractor, thirty (30) days prior to the anniversary date of the Agreement. Failure to do so may result in the denial of any increase requested.

A requested price increase will become effective only after approval by the Contract Administrator and the Purchasing Director. Once approved the price increase will be adjusted into a new base price for the remainder of the contract period. Any future requested price increases to the base price will only be reviewed at annual renewal time and require the approval of the Contract Administrator and Purchasing Director.

The proposed increased rate shall be based upon presentation by the Contractor and review by the Contract Administrator; however, the Contract Administrator shall evaluate the Contractor's

COS RFP Template performance, services and records documentation to determine the appropriateness of the increase requested.

22. PRICING

Pricing shall be listed on the Pricing Proposal Form. Prices quoted by the Offerors shall be applicable during the entire initial term of the Contract.

For reasons of clarity all submissions of pricing shall be priced in the same unit (size, volume, quantity, weight, etc.) as requested on the Pricing Proposal Form herein. Offerors failing to comply with this requirement may be declared non-responsive.

All charges associated with this Contract MUST be shown on the Pricing Proposal Form returned by the Offeror or other supporting documentation. Such charges and additional fees that are normally associated with this type of service. This shall include but not be limited to, labor, product, equipment and appropriate unloading, environmental fees, shop supplies, clean-up, transportation, etc. No additional charges beyond the quoted unit price (except applicable sales tax) shall be allowed, unless authorized by the Contract Administrator before final invoicing.

23. PRODUCT TESTING AND QUALITY CONTROL

The City of Scottsdale reserves the right to perform periodic, random, unannounced, testing of any goods delivered under the scope of this Contract. The goods shall be tested for conformance to the specifications contained herein. The Contractor shall have twenty-four (24) hours to replace any goods failing the tests conducted by an independent laboratory, at no additional charge to the City of Scottsdale.

Furthermore, all costs associated with the failed testing shall be borne by the Contractor.

Three (3) failed test reports within a twelve (12) month period may result in the Contract being terminated.

The Contract Administrator or designee will monitor warranty issues by the Contractor. Warranty issues shall average less than five percent (5%) monthly. Warranty issues that exceed five percent (5%) for two (2) consecutive months may result in the Contract being terminated.

24. PURCHASING PROCEDURE

All orders require a City of Scottsdale purchase order that will be communicated by phone, fax or e-mail. No parts or commodities or work shall be rendered/are to be delivered without the issuance of a City of Scottsdale purchase order. Any invoices received from the Contractor without a City of Scottsdale purchase order number, referenced on the invoice, may remain unpaid.

25. QUANTITY

The estimated quantities that will be required during the initial term of this Contract are indicated on the Pricing Proposal Form contained herein.

The actual service requests, and service requests for future years may be more or less, and any quantities listed herein should be used for information purposes only.

26. SINGLE AWARD

COS RFP Template

The City of Scottsdale reserves the right to award this solicitation as deemed in the best interest of the City. While multiple awards are possible, the preferred procedure is to make a single award as a result of this solicitation process.

27. SUBSTANCE ABUSE SCREENING & BACKGROUND CHECK REQUIREMENTS

Any and all employees, including all owners and officers of Contractors who perform work in City facilities, shall submit to and pass a criminal background investigation and substance abuse screening as outlined herein.

The Contractor shall provide the City of Scottsdale written certification that all employees of the Contractor, who will be performing work in City of Scottsdale facilities, have successfully completed and passed both a criminal background investigation and substance abuse screening prior to engaging in any work in any City of Scottsdale facility.

All employees of the Contractor shall abstain from the use of illegal drugs and/or alcohol, and the misuse of controlled substances while performing work in City of Scottsdale facilities. The Contractor shall be notified and required to immediately remove any employee that is suspected of being under the influence of a controlled substance while performing work in a City of Scottsdale facility. The employee removed under these circumstances may return to performing work in City of Scottsdale facilities only after it has been determined and verified by the City of Scottsdale, that the employee was not under the influence of a controlled substance at the time of the incident.

• Substance Abuse Screening

Contractor’s employees, prior to engaging in work in any City of Scottsdale facility, shall be required to submit to and successfully complete a substance abuse screening for illegal drugs and controlled substances that includes at least the following: Amphetamines, Barbiturates, Benzodiazepines, Cocaine, Marijuana, Methadone, Opiates, PCP, and Propoxyphene. The substance abuse screening shall be performed by a laboratory legally authorized to perform such screenings and any related cost will be at the sole expense of the Contractor.

• Criminal Background Investigation Contractor and/or Contractor’s employees, prior to engaging in work for or in any City of Scottsdale facility, shall be required to submit to and successfully complete a full state and local federal criminal background investigation. The Contractor (if the Contractor performs work individually) shall not perform any work and the Contractor shall not allow any employee to perform work for or in a City of Scottsdale facility, if it is determined through the background investigation that the person has a history of conviction or arrest involving crimes of violence against others, sex offense, theft, or the sale and/or use of illegal drugs. Any cost incurred by the Contractor as a result of performing background investigation on their employees shall be at the sole expense of the Contractor.

Following Contractor award, the Contractor shall provide the Contract Administrator with a list of the “routine” contract assigned employees and include their Legal Name (First/Last), Date of Birth and Social Security Number. The City will conduct an ACJIS background check and issue an ID Badge to each routine contract employee who successfully passes the City’s background clearance.

All background checks are required to be updated annually based on the issuance date of the City issued picture identification badge, such annual updates will be performed by the City at the City’s expense.

Further, Contractor agrees that City policy does not permit, and the Contractor shall not allow, any individual who meets any of the following criteria to have unescorted access to any area that is considered vital infrastructure or to have unsupervised contact with members of a vulnerable population (such as children, those with mental disabilities or the elderly):

List of Automatic Disqualifiers:

COS RFP Template

Pending criminal charges of any kind except for minor traffic offenses.

Active warrants of any kind.

Violent felony convictions within either the last 10 years after conviction or release from prison, whichever is longer.

Non-violent felony convictions within either the last 5 years after conviction or release from prison, whichever period is longer.

Affiliation, past or present, with a terrorist organization.

Current affiliation with an organized crime syndicate or street gang or past membership within the last 10 years.

City of Scottsdale Vital Infrastructures includes but is not limited to:

Public Safety Facilities Water Department Facilities Prosecutors’ Office City Courts City Hall

Any facility defined under A.R.S. 41-1801 - “Critical Infrastructure”, means systems and assets, whether physical or virtual, that are so vital to this state and the United States that the incapacity or destruction of these systems and assets would have a debilitating impact on security, economic security, public health or safety.

28. TERM OF AGREEMENT

The term of this Contract shall be for a one (1) year period from the effective date of the contract award.

The City and Contractor may mutually agree to extend this Contract for four (4) additional one (1) year periods, upon the recommendation of the Contract Administrator, concurrence of the Purchasing Director and/or City Council, depending on the Contract.

29. THIRD PARTY BENEFICIARY

Nothing under the Contract Documents will be construed to give any rights or benefits in the Contract Documents to anyone other than the City and the Consultant, and all duties and responsibilities undertaken in accordance with the Contract Documents will be for the sole and exclusive benefit of the City and the Consultant and not for the benefit of any other party.

30. UNIT PRICING

Unit prices quoted herein shall be all inclusive and include all pertinent additional fees normally associated with this type of service. This shall include, but not be limited to, environmental fees, shop supplies, clean-up, transportation, etc. No additional charges beyond the quoted unit price (except applicable sales tax) shall be allowed, unless authorized by the Contract Administrator before final invoicing.

31. VEHICLE REQUIREMENTS AND IDENTIFICATION

The Contractor shall only use trucks and vehicles licensed for use on public streets and licensed in the State of Arizona.

All equipment used in the performance of work under the scope of this Contract shall be equipped with an amber/yellow light bar OR amber/yellow light which can be clearly seen from a MINIMUM distance of five hundred feet (500’) in all directions. The Contract Administrator shall be the sole determinant as to whether equipment warning lights are sufficient.

COS RFP Template

All Contractor vehicles shall contain signage which includes a MINIMUM of the Contractor Company name; and/or logo. Vehicle signage shall be sufficient, in the opinion of the Contract Administrator, to make it apparent to others, as to the nature of the business and the occupants of the vehicle. Vehicle signage shall appear on a MINIMUM of the right and left sides of the vehicle. All vehicles that are used in the performance of work under the scope of this Contract shall display the proper vehicle signage. Contract Administrator will approve proper identification of vehicles during the life of the Contract.

32. WARRANTY REQUIREMENTS

ALL WARRANTIES SHALL START FROM THE CITY OF SCOTTSDALE IN SERVICE DATE.

All warranty items/issues/concerns shall be resolved at no charge to the City of Scottsdale. This shall include, but not be limited to, parts, labor, freight, travel, etc. All warranty items/issues/concerns shall be resolved within a time frame determined by the Contract Administrator.

The Contractor shall warranty all parts and services provided by a subcontractor just as if supplied directly by the Contractor.

SECTION 4 – EVALUATION CRITERIA

A. EVALUATION CRITERIA

GENERAL

After receipt of all proposals, each submittal shall be screened to determine if any shall be deemed non-responsive. Unsigned proposals, incomplete proposals, non-conformance with mandatory requirements, etc., may result in the determination of non-responsive.

Subsequent to the initial review, all remaining proposals shall be reviewed by the Proposal Evaluation Committee.

PROPOSAL EVALUATION

All responsive proposals shall be evaluated by the Proposal Evaluation Committee using the criteria listed below. The recommendation for contract award will be made to the responsible Offeror whose proposal is determined to be the…