1-RFP - 32600069 Non-Hazardous Waste and Biosolids Disposal.pdf

CITY OF BUCKEYE

Request for Proposals RFP No. 32600069

NON-HAZARDOUS LIQUID WASTE AND BIOSOLIDS DISPOSAL

CONTACT PERSON

Travis M. Stewart

Contracts Administrator Finance Department tstewart@buckeyeaz.gov

(623) 349-6173

Date Issued: September 23, 2025 Pre-Submittal Conference: September 29, 2025, at 10:00 AM, MST Last Day for Inquires: October 15, 2025, at 3:00 PM, MST RFP Due Date: October 23, 2025, at 3:00 PM, MST

PLEASE NOTE: IF DOCUMENTS WERE DOWNLOADED FROM THE CITY OF BUCKEYE’S PROCUREMENT PORTAL WEBSITE, COMPANIES ARE RESPONSIBLE FOR OBTAINING ANY AMENDMENT EITHER THROUGH UPDATES ON

THE WEBSITE, OR BY CONTACTING THE CITY’S CONTACT PERSON.

Non-Hazardous Liquid Waste and Biosolids Disposal RFP No. 32600069

BUCKEYE,AZ

mailto:tstewart@buckeyeaz.gov

TABLE OF CONTENTS

REQUEST FOR PROPOSAL NO. 32600069

SECTION 1 Introduction…………………………………………………………………………………3

SECTION 2 Instructions to Offerors

SECTION 3 Scope of Work

SECTION 4 Pre-Submittal Conference

SECTION 5 Evaluation Criteria

SECTION 6 Proposal Requirements

SECTION 7 Submittal Form ........................................................................... …10

SECTION 8 General Information..……..………………………………………………………….11

SECTION 9 Bid Table

SECTION 10 Offeror Certification/Conflict of Interest Certification.……………...14

ATTACHMENTS:

1 Draft Professional Services Agreement 2 Radiation Safety – Iodine 131

Non-Hazardous Liquid Waste and Biosolids Disposal RFP No. 32600069

SECTION 1

INTRODUCTION

The City of Buckeye is in need of licensed and qualified contractors for the disposal of non-hazardous liquid waste and biosolids at its Water Campus Facilities (WCF) and Wastewater Reclamation Facilities (WRF).

1.1. METHOD OF SELECTION

The intent of the City is to select up to three (3) contractors for the disposal of non-hazardous liquid waste and up to three (3) contractors for the disposal of biosolids whose proposals are determined to be the most advantageous to the City based on the evaluation factors set forth in this Request for Proposals. The successful contractors will have demonstrated competitive pricing, ability to provide the required services and ample experience.

1.2. REQUEST FOR PROPOSALS

The City will conduct a prequalification screening of all submitted proposals by a designated selection team. The prequalification screening process will rank all submittals received and identify the contractor who, in the City’s sole discretion, best meets the City’s needs. Section 5 details the Criteria and Weighting used for evaluations of submittals. The City reserves the right to reject any or all submissions.

1.3. NEGOTIATIONS

After a ranking of submittals, the City will offer the highest ranked contractor a thirty (30) day exclusive negotiation period. If there is an impasse in the negotiations, or the City negotiators determine that a contract cannot be achieved, the City reserves the right to go to the next highest ranked contractor. This process may continue through those contractors on the final list until a Contract is successfully negotiated. The City reserves the right to reject all proposals at any time, or to cease negotiations over a contract at any time.

SECTION 2

INSTRUCTIONS TO OFFERORS

2.1 Proposals are to be submitted to the City of Buckeye’s Procurement Portal website no later than the due date on the solicitation. All documents required as part of the solicitation shall be completed, scanned as a .pdf, and combined into one file for the submittal. The .pdf shall have the solicitation number and name of the company submitting as part of the file name (e.g.“RFP 32600069 company name”).

City of Buckeye’s Procurement Portal Website:

https://buckeyeaz.bonfirehub.com/portal/?tab=openOpportunities

2.2 You may withdraw your proposal at any time prior to the time and date set for closing. Proposals withdrawn after opening but prior to award, may be withdrawn in accordance with the City of Buckeye Procurement Code.

2.3 No department or office at the City has the authority to solicit or receive official proposals other than the City Finance Department. All solicitation is performed under the direct supervision of the Chief Financial Officer, City of Buckeye and in complete accordance with City of Buckeye Procurement Code.

2.4 The City reserves the right to conduct discussions with proposers, to accept revisions of proposals, and to negotiate price changes. During this discussion period, the City will not disclose any information derived from proposals submitted, or from discussions with other proposers. Once an award is made, the solicitation file, and the proposals contained therein, are in the public record and will be disclosed upon request.

Non-Hazardous Liquid Waste and Biosolids Disposal https://buckeyeaz.bonfirehub.com/portal/?tab=openOpportunities

2.5 The recommendation for award shall be made to the responsible proposer whose proposal is determined to be the most advantageous to the City based on the evaluation factors set forth in this Request for Proposals.

Price, although a consideration, will not be the sole determining factor. No purchase order is issued with an offeror until a price is successfully negotiated and is approved by the City, as authorized by the City Council.

2.6 If you are submitting any information you consider to be proprietary, you must place it in a separate envelope and mark it "Proprietary Information". If the Chief Financial Officer concurs, this information will not be considered public information. The City Manager is the final authority as to the extent of material, which is considered proprietary or confidential. Pricing information cannot be considered proprietary.

2.7 Your proposal should be submitted in the format shown in Section 6. Proposals in any other format will be considered informal and may be rejected. Conditional proposals will not be considered. An individual authorized to extend a formal proposal must sign all proposals. Proposals that are not signed may be rejected.

2.8 Definitions

“May”: Indicates something that is not mandatory but permissible/desirable.

“Shall,” “Must,” “Will”: Indicates mandatory requirement. Failure to meet these mandatory requirements will result in rejection of your proposal as non-responsive.

“Should”: Indicates something that is recommended but not mandatory. If the offeror fails to provide recommended information, the City may, at its sole option, ask the offeror to provide the information or evaluate the proposal without the information.

2.9 Any person, firm, corporation, or association submitting a proposal shall be deemed to have read and understood all the terms, conditions, and requirements in the specifications/scope of work.

2.10 All responses and accompanying documentation will become the property of the City at the time the proposals are opened.

2.11 The City shall not reimburse any offeror the cost of responding to a Request for Proposals.

2.12 The City believes that it can best maintain its reputation for treating service providers and suppliers in a fair, honest, and consistent manner by conducting solicitations in good faith and by granting competitors an equal opportunity to win an award. If you feel that we have fallen short of these goals, you may submit a protest pursuant to the Procurement Code of the City of Buckeye.

SECTION 3 SCOPE OF WORK

The City of Buckeye needs licensed and qualified contractors skilled in the removal, transportation, sludge mate liner replacement and disposal of non-hazardous liquid waste from the City of Buckeye facilities listed in Section 3.2 to an approved landfill site. An estimated 550,000 gallons of Arsenic and Fluoride sludge will be removed and disposed of annually.

The City is also in need of licensed and qualified contractors skilled in the removal an disposal of its biosolids byproduct generated from its wastewater reclamation facilities as listed in Section 3.2 to an approved landfill site. An estimated 7,200 tons of biosolids byproduct will be removed and disposed of annually.

3.1 Minimum Requirements

• Contractors shall have owned and operated their biosolids byproduct and/or liquid waste removal equipment/service/supplies company for at least the last five (5) years.

• Contractors shall have all licenses and permits required by federal, state and local agencies to perform the biosolids byproduct and/or liquid waste transport and disposal services and perform such services in compliance with all applicable federal, state and local regulations, including Environmental Protection Agency (EPA) standards and shall include copies of said licenses with the bid submittal.

3.2 Facilities

Current Water Campus Locations:

• Sundance Water Campus - 22900 West Yuma Road Buckeye, Arizona 85326

• North Airport Water Campus - 21209 West Palm Valley Way Buckeye, Arizona 85326

• Jackie Meck Water Campus - 23945 West Broadway Road Buckeye, Arizona 85326

• Tartesso Water Campus - 4023 North 296th Avenue Buckeye, Arizona 85396

Future Water Campus Locations:

• Floreo Water Campus - 12615 N. Johnson Road, Buckeye, Arizona 85396

• Additional locations to be determined

Current Wastewater Reclamation Locations:

• Festival Ranch WRF – 18940 North 287th Avenue, Buckeye, Arizona 85396

• Tartesso WRF – 31550 West McDowell Road, Buckeye, Arizona 85396

• Central Beloat WRF – 915 South 7th Street, Buckeye, Arizona 85326

• Sundance WRF – 21760 West Watkins Street, Buckeye, Arizona 85326

Future Wastewater Reclamation Locations:

• Floreo at Teravalis WRF – Address to be provided upon completion of construction

• Additional locations to be determined

3.3 Scope of Work

• Contractors must have all licenses and permits required by federal, state and local agencies and provide copies with their proposal.

• Contractors shall perform the Services in a manner, and with equipment, that is in compliance with all applicable federal, state and local rules and regulations, including Environmental Protection Agency ("EPA") standards.

• Contractors shall perform the Services as scheduled by the City, which will normally be Monday through Friday between the hours of 7:00 a.m. and 3:00 p.m. The Services shall also be available on Saturdays between 7:00 a.m. and 3:00 p.m., as requested by the City with 24 hours advanced notice for non-hazardous liquid waste and 48 hours advanced notice for biosolids byproduct. The City shall not be responsible for any extra compensation for overtime hours.

• Contractors shall remove and transport biosolids byproduct and/or liquid waste from the Facilities and dispose of liquid waste at a designated landfill site.

• Contractors' technicians shall provide the biosolids byproduct or non-hazardous waste manifest to the designated Facility representative at the time the liquid waste is removed.

• Contractors shall perform the Services in all weather conditions and be fully responsible for the proper handling, transportation and disposal.

Non-Hazardous Liquid Waste and Biosolids Disposal

• Contractors shall guarantee all equipment, and materials are used according to the specified guidelines and recommendations in the manufacturer's warranty.

• When performing the Services, Contractors shall keep the Facilities clean and free of waste materials, trash and debris at all times. Contractors shall not use City property as a work area to service its vehicles or for storage of any materials. Any cost of clean-up incurred by the City resulting from a contractor's actions will be deducted from monies owed the Contractor.

• Contractors shall keep legible and detailed records of the Services performed and shall supply the City with accurate reports containing the date, quantity and type of biosolid byproducts and/or liquid waste removed for EPA documentation.

• Contractors shall provide the City with detailed monthly invoices including the following items:

o Date and description of Services performed, including quantity and type of biosolid byproducts/liquid waste removed o Facility serviced o Name of Contractor's technician(s) o Transport manifest o Disposal Facility weight ticket(s)

• All documents and invoices shall be submitted to the Finance Department at:

accountspayable@buckeyeaz.gov or

City of Buckeye Accounts Receivable Department 530 East Monroe Avenue Buckeye, Arizona 85326

• Contractors shall be responsible for all transportation and disposal fees.

• Contractors shall provide technicians with all necessary PPE to perform job duties.

• Contractors' price shall not include any stand-by fees.

• lf at any time the Contract Manager or Facility representative expresses dissatisfaction with the technician(s) or Services performed, Contractor will remedy the situation immediately.

• For biosolids byproduct disposal, the facilities also encounter radioactive biosolids (Iodine 151 for the treatment of cancer) periodically, which are exempt from travel restrictions. If radioactive solids are detected, they will need to be removed offsite and either stored or an alternative disposal method will need to be provided by the vendor. Materials testing and documentation will be provided prior to transport. Additional disposal bins will need to be provided in the interim if offsite storage is required. Currently, the City of Buckeye’s Wastewater Reclamation Facility does not have a means of storage for radioactive solids dissipation prior to disposal. Sample documentation is attached for reference as Attachment 2.

mailto:accountspayable@buckeyeaz.gov

SECTION 4 PRE-SUBMITTAL CONFERENCE

A Pre-Submittal Conference will be held utilizing Microsoft Teams on the date and time listed on the cover page above. The meeting link is below:

Meeting Link

Attendance is not required, but it is encouraged. The conference is an opportunity for all interested parties to go over information related to the solicitation.

SECTION 5 EVALUATION CRITERIA

A committee will evaluate and rank the offers, based on the following criteria:

1 Overall Capabilities of the Contractor 30 %

2 Experience / Qualifications of Personnel 30 %

3 Method of Approach 10 %

4 Pricing 30 %

Total 100%

The committee will be comprised of City personnel. Each person on the committee will score each proposal based off of the criteria and weighting above. The City reserves the right to select a company for award based solely off of the scoring of the proposals received. Formal interviews may or may not be conducted to determine the proposal most advantageous to the City, if determined necessary by the committee. The City may conduct a due diligence review of the companies receiving the highest scores.

The City will then award a Materials and Services Contract to the company whose proposal is deemed the most advantageous to the City for the project.

All companies submitting proposals for this project will be notified of the results via the City’s Procurement Portal.

SECTION 6 PROPOSAL REQUIREMENTS

Companies interested in this project should submit a Proposal electronically by October 23, 2025, 3:00 PM Local Time via the City’s Procurement Portal website. Submittals must be received by the specified time. The City’s Procurement Portal will not allow uploads beyond the deadline for the solicitation and the City will not accept submittals after the deadline. All submittals must be uploaded to the solicitation posting on the City of Buckeye’s Procurement Portal website:

https://buckeyeaz.bonfirehub.com/opportunities

Any concerns regarding the receipt of submissions can be directed to the Contracts Administrator, Travis M.

Stewart.

Proposal Format/Page Limitations:

• Proposal Cover Page (one (1) page)

• Proposal Table of Contents (one (1) page)

• Proposal Cover Letter (one (1) page)

• Proposal Separator Pages (one (1) page per section)

Non-Hazardous Liquid Waste and Biosolids Disposal RFP No. 32600069 https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODY3YjE3MjYtNDhjYi00YzdlLWJmMGEtMGY3NzFmODM2ZmUw%40thread.v2/0?context=%7b%22Tid%22%3a%22d00735df-c5ba-45c7-9384-d7fc46c3f56c%22%2c%22Oid%22%3a%22984d374b-8170-484b-9240-418a3fb2122e%22%7d https://buckeyeaz.bonfirehub.com/opportunities

• Section A: Overall Capabilities of the Contractor (two (2) page maximum for company summary, 1 page per project, maximum of six (6) projects)

• Section B: Experience / Qualifications of Personnel (two (2) page maximum for short narrative, (one (1) page maximum per resume provided)

• Section C: Method of Approach (seven (7) page maximum)

• Section D: Pricing (Provide pricing in the pricing table provided, see Section 9)

• Proposal Submittal Form

• Offeror Certification/Conflict of Interest Certification Form

Adherence to the maximum page criterion is critical:

• Each page side (maximum 8-1/2” x 11”) with criteria information will be counted separately.

• Do not use 11” x 14” or 11” x 17” size pages unless specifically authorized.

• Pages that have project photos, charts and/or graphs will be counted towards the required number of pages.

• Cover page, table of contents page, and divider/separator (Section) pages will not be counted against other section limitations unless they include information that could be considered by the selection panel.

• Do not submit additional information not listed herein.

• Font size may not be less than 10 point.

Please be advised that the following will be grounds for disqualification, and will be strictly enforced:

• Receipt of submittal after the specified cut-off date and time.

• Exceeding the maximum page requirements.

The City recognizes that submittals may contain confidential or proprietary information; however, the City reserves the right to make inquiries into the information disclosed. The submission of false or misleading information may be grounds for disqualification.

Cover Letter

• Provide a general description of the company that is proposing to provide services, including years in business. Explain the legal organization of the proposed company or team.

• Provide the following information:

o Your company’s full company name, address, phone number, and name, title and email address for your company’s contact person for the project.

o Name, title, email, and signature of person authorized to sign the Proposal Submittal Form. A

Proposal signed by an agent shall be accompanied by evidence of that agent’s authority.

o Number of employees o Identify any contract or subcontract held by the offeror or officers of the offeror that have been terminated within the last five (5) years. Briefly describe the circumstances and the outcome.

Section A: Overall Capabilities of the Contractor (30%)

Provide a brief history of the company along with information demonstrating the ability to perform the work described in the scope of work. Provide descriptions of up to six (6) projects of similar scope in the last five (5) years. Provide dates of the services provided and references for each project. References shall include name, title, email address, and phone number of the point of contact for the project owner.

Section B: Experience / Qualifications of Personnel (30%)

Describe the experience and qualifications of the key personnel and/or team that will be providing the services outlined in the Scope of Work in a short narrative. Identify the primary points of contact that will be coordinating the services with the City. For each key personnel identified, please provide a resume with the following information:

• Name and Title.

• Name of company with which associated.

• Years of experience with this company and with other companies.

• Active professional certifications, licenses, and/or registrations.

• Other experience and qualifications relevant to same/similar services sought or other relevant projects/work.

• Education: degree(s), year, specialization(s), if applicable.

Section C: Method of Approach (10%)

Provide information on the approach to meeting the requirements identified in Section 3 - Scope of Work. This section is to also include the following:

• Identify which services you are proposing to provide services for.

• Discuss your approach to providing the identified services you are proposing to provide.

• Discuss your safety program.

• Discuss your conflict resolution process.

Section D: Pricing (30%)

SEE SECTION 9

*PLEASE COMPLETE THE BID TABLE FOR ONLY THE SERVICES YOU ARE PROPOSING TO PROVIDE, NON-

HAZARDOUS LIQUID WASTE DISPOSAL AND/OR BISOLIDS BYPRODUCT DISPOSAL.

SECTION 7 SUBMITTAL FORM

RFP 32600069 – NON-HAZARDOUS WASTE AND BIOSOLIDS DISPOSAL

Company Name ______________________________________________________

Authorized Representative:

Title:

Address:

Phone Number: Email Address:

Fax Number: Website Address:

The undersigned offeror declares to have read and fully understand the Request for Proposals and agrees to all the terms, conditions, and provisions contained therein; and proposes and agrees that if this proposal is submitted and accepted, Supplier will contract to perform in accordance with the Scope of Work and Proposal.

Signature of Authorized Representative:

Date:

SECTION 8 GENERAL INFORMATION

City Rights. The City of Buckeye reserves the right to reject any or all Proposals received for the Request for Proposals (RFP), to waive any informality or irregularity in any Proposal received, and to be the sole judge of the merits of the respective Proposals received.

Acceptance of Evaluation Methodology. By submitting its Proposal in response to this RFP, respondent acknowledges and accepts the evaluation process, the established criteria and associated weighting, and that determination of the Proposal “most advantageous” to the City will require subjective judgments by the City.

Release of Project Information. The City shall provide the release of all public information concerning this project, including selection announcements and contract award. Those desiring to release information to the public must receive prior written approval from the City.

Contact with City Employees. All companies interested in this project (including the company’s employees, representatives, agents, lobbyists, attorneys, and subconsultants) will refrain, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may play a part in the selection process, including the evaluation panel, the City Manager, Department Heads and other City staff. This policy is intended to create a level playing field for all potential firms, assure that contract decisions are made in public and to protect the integrity of the selection process. All contact on this selection process should be addressed to the authorized representative for the solicitation.

Data Confidentiality. Except as specifically provided in the Contract, the Contractor or its subcontractors shall not divulge data to any third party without prior written consent of the City.

Legal Worker Requirements. The City of Buckeye is prohibited by A.R.S. § 41-4401 from awarding a contract to any contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A). The contractor and each subcontractor shall comply with all federal immigration laws and regulations related to their employees and compliance with the stated law. The City of Buckeye retains the legal right to inspect the papers of any contractor or subcontractor employee who is awarded a contract to ensure that the company or subcontractor is complying with the law.

Lawful Presence Requirement. Pursuant to A.R.S. §§ 1-501 and 1-502, the City of Buckeye is prohibited from awarding a contract to any natural person who cannot establish that such person is lawfully present in the United States. To establish lawful presence, a person must produce qualifying identification and sign a City-provided affidavit affirming that the identification provided is genuine. This requirement will be imposed at the time of the contract award. This requirement does not apply to business organizations such as corporations, partnerships or limited liability companies.

Protest Procedures. Companies wishing to respond to disqualification, or a procurement outcome may refer to The City of Buckeye Procurement Code, Section 24-3-17 which governs protest procedures utilized throughout the selection process.

Suspension/Debarment. By submitting a Proposal in response to this solicitation, the respondent is certifying that it is neither debarred nor suspended nor under consideration for suspension or debarment by any federal, state, or local government or agency. If a respondent is not able to so certify, the respondent must submit a letter that identifies the agency involved and a contact and explain why respondent is suspended, debarred, or being considered for suspension or debarment.

Questions. Questions pertaining to this selection process or contract issues shall be directed through the City’s Procurement Portal website. All questions must be received by the last day for questions. Failure to submit questions by this deadline may result in the question not being answered. Responses to questions that materially

Non-Hazardous Liquid Waste and Biosolids Disposal change the scope or intent of this RFP will be issued via amendment on the City of Buckeye’s Procurement Portal website. The City may or may not notify respondents of posting of amendments. Therefore, it is the sole responsibility of respondents to check the website periodically for all issued amendments. Failure to include acknowledgement of all amendments may be cause for rejection of the proposal.

Note that the City may answer informal questions orally. The City makes no warranty of any kind as to the correctness of any oral answers and uses this process solely to provide minor clarifications rapidly. Oral statements or instructions shall not constitute an amendment to this Request for Proposals. Offerors shall not rely on any verbal responses from the City. If you have formal questions about any part of this Request for Proposals, which could result in a material issue or a formal amendment to this Request for Proposals, submit your questions via the solicitation page for this RFP on the City’s Procurement Portal website.

SECTION 9 BID TABLE

Non-Hazardous Waste Disposal Type of Service Unit Cost

Sludge Disposal (Includes vacuum truck, labor, disposal, and wash out) Gallon Sludge Mate Clean Out (Includes vacuum truck, labor, disposal, and wash out) Gallon Sludge Mate Replacement Liner and Installation Per Liner Fuel and Environmental Surcharge Percent

Biosolids Byproduct Disposal Type of Service Unit Cost

Pickup Rate Gallon Disposal Costs Gallon Fuel and Environmental Surcharge Percent

SECTION 10: OFFEROR CERTIFICATION/CONFLICT OF INTEREST CERTIFICATION

City of Buckeye Finance Department 530 Monroe Avenue Buckeye, Arizona 85326

The undersigned certifies that to the best of his/her knowledge: (check only one)

( ) There is no officer or employee of City of Buckeye who has, or whose relative has, a substantial interest in any contract resulting from this request.

( ) The names of any and all public officers or employees of City of Buckeye who have, or whose relative has, a substantial interest in any contract resulting from this request, and the nature of the substantial interest, are included below or as an attachment to this certification. In compliance with Request for Proposal No. 32600069, for N on - H az a r d ous L iq u i d W as t e a n d B i oso l i ds D is p os al in the City of Buckeye and after carefully reviewing all the terms, conditions and requirements contained therein, the undersigned agrees to furnish such goods/services in accordance with the specifications/scope of work.

AMENDMENTS: Receipt of the following Amendments is acknowledged, and the provisions are included in this

RFP:

Amendment No.___________ Dated_ Amendment No.___________ Dated_ Amendment No.___________ Dated_ Amendment No.___________ Dated_

Firm Name: ___________________________________________________

Address: ______________________________________________________

City: ____________________________, State: ________ Zip: ___________

(Signature Required)

(Print name)

(Print title) (Federal Taxpayer ID Number)

(Date)

ATTACHMENT 1

TO

[DRAFT MATERIALS AND SERVICES AGREEMENT]

See following Pages

CONTRACT FOR MATERIALS AND SERVICES

BETWEEN

THE CITY OF BUCKEYE

AND

TBD

NON-HAZARDOUS LIQUID WASTE DISPOSAL/BIOSOLIDS DISPOSAL

CONTRACT NO. 32600069

This Contract is entered into this day of , 202_ by and between the City of Buckeye, a municipal corporation (“City”), and _______________, an ________ corporation/limited liability company (“Contractor”).

WHEREAS, the City desires to receive, and Contractor is able to provide services;

NOW THEREFORE, in consideration for the mutual promises contained herein, the parties agree as follows:

1. Standard Terms and Conditions: The City of Buckeye Standard Terms and

Conditions, attached hereto as Exhibit A are hereby incorporated in this Contract by reference and shall apply to performance of this Contract, except to the extent modified by Exhibit C (Scope of Work) and Exhibit D (Proposal).

2. Insurance: Contractor shall meet Insurance Requirements of the City as set forth in Exhibit B attached hereto and incorporated herein by reference.

3. Compensation: Payment to the Contractor for the materials and/or services provided not to exceed *** and XX/100 Dollars ($**.**) including other fees and taxes, to be made in accordance with the price list and terms set forth in the Pricing attached hereto as Exhibit D and incorporated herein by reference.

4. Scope of Work: Contractor shall provide the services generally described as follows:

Non-hazardous liquid waste disposal / Biosolids disposal, as more specifically described in the Scope of Work attached hereto as Exhibit C and incorporated herein by reference,

5. Contract Term: This Contract shall be effective as of the date set forth above for approval and remain in effect for one (1) year unless such term is modified or extended pursuant to section 8 Renewal.

6. Partial Award: The City reserves the right to make multiple awards or to award by

(i) bid schedule, (ii) individual line item, (iii) by group of line items, or (iv) as a total, whichever is deemed in the best interest to the City.

7. Quantities; Non-Exclusive: Unless the solicitation states otherwise, the Contract will be non-exclusive, and the City makes no guarantees as to the amount of products or services to be utilized from a Bidder. The City reserves the right to add

Non-Hazardous Liquid Waste and Biosolids Disposal or remove products or services during the term of the Contract.

8. Renewal: This Contract may be renewed or extended for up to four (4) additional one (1) one-year terms by mutual written consent of the parties. The City Manager, or his designee, if applicable, shall have authority to approve renewal on behalf of the City.

9. Notice: Any formal notice required under this Contract shall be in writing and sent by certified mail and email as follows:

City:

City Manager City of Buckeye 530 E Monroe Ave Buckeye AZ 85326

Contractor:

With a copy to:

City Attorney City of Buckeye 530 E Monroe Ave Buckeye AZ 85326

With a copy to:

10. Authority: Each party warrants that it has authority to enter into this Contract and perform its obligations hereunder, and that it has taken all actions necessary to enter into this Contract.

11. Contract Controls. In the event of any inconsistency between this Contract and the Exhibits hereto, the documents shall govern in the following order: (1) This Contract for Materials and Services; (2) Exhibit A (Standard Terms and Conditions);

(3) Exhibit B (Standard Insurance Requirements); (4) Exhibit C (Scope of Work);

and (5) Exhibit D (Proposal).

12. Time is of Material Importance. Time is of material importance to each and every provision of this Contract.

[SIGNATURES ON FOLLOWING PAGE]

CITY

THE CITY OF BUCKEYE, an Arizona municipal corporation

Doug Sandstrom, City Manager

CONTRACTOR

TBD, an ______ corporation / limited liability company

[signature]

[title]

RECOMMENDED:

Rob Roach, Interim Procurement Manager

ATTEST:

Lucinda Aja, City Clerk

APPROVED AS TO FORM:

K. Scott McCoy, City Attorney

EXHIBIT A

STANDARD TERMS AND CONDITIONS

IN GENERAL

1. NOTICE TO PROCEED: Contractor shall not commence performance until after City has issued a Notice to Proceed or similar notice reasonably expected to notify Contractor to commence delivery of goods and/or services.

2. LICENSES AND PERMITS: Contractor, at its expense, shall maintain current federal, state, and local licenses, permits and approvals required for performance of the Contract and upon request provide copies to the City.

3. COMPLIANCE WITH LAWS: Contractor shall comply with all applicable federal, state and local laws, regulations, standards, codes and ordinances in performance of this Contract.

4. NON-EXCLUSIVE: Unless expressly provided otherwise in the Contract, this Contract is non-exclusive and the City reserves the right to contract with others for materials or services.

5. SAMPLES: Any sample submitted to the City by the Contractor and relied upon by City as representative of quality and conformity, shall constitute an express warranty that all materials and/or service to be provided to City shall be of the same quality and conformity.

MATERIALS

6. PURCHASE ORDERS: The City will issue a purchase order(s) for the materials covered by the Contract, and such order will reference the City’s Contract number.

7. QUALITY: Contractor warrants that all materials supplied under this Contract will be new and free from defects in material or workmanship. The materials will conform to any statements made on the containers or labels or advertisements for the materials, and will be safe and appropriate for use as normally used. City’s inspection, testing, acceptance or use of materials shall not serve to waive these quality requirements. This warranty shall survive termination or expiration of the Contract.

8. ACCEPTANCE: All materials and services provided by Contract are subject to final inspection and acceptance by the City. Materials and services failing to conform to the Contract specifications may be rejected in whole or part. If rejected, Contractor is responsible for all associated costs arising from rejection.

9. MANUFACTURER’S WARRANTIES: Contractor shall deliver all Manufacturer’s Warranties to City upon City’s acceptance of the materials.

10. PACKING AND SHIPPING: Contractor shall be responsible for industry standard packing which conforms to requirements of carrier’s tariff. Containers shall be clearly marked as to lot number, destination, address and purchase order number. All shipments shall be F.O.B. Destination, City of Buckeye, 530 E. Monroe Avenue, Buckeye, Arizona 85326, unless otherwise specified by the City (the “point of delivery”). ‘Cash-on-Delivery’ (C.O.D.) shipments will not be accepted.

Non-Hazardous Liquid Waste and Biosolids Disposal

11. TITLE AND RISK OF LOSS: The title and risk of loss of material shall not pass to the City until the City actually receives the material at the point of delivery, and the City has completed inspection and has accepted the material, unless the City has expressly provided otherwise in the Contract.

12. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender of materials shall fully comply with all provisions of the Contract. If a tender is made which does not fully conform, this shall constitute a breach and Contractor shall not have the right to substitute a conforming tender without prior written approval from the City, which such approval will not be unreasonably withheld by the City.

13. DEFAULT IN ONE INSTALLMENT TO CONSTITUTE TOTAL BREACH: Contractor is not authorized to substitute nonconforming materials, or services. Delivery of nonconforming materials, and/or services, or a default of any nature shall constitute a breach of the contract. At the option of the City, Contractor shall deliver conforming materials, or services, in each installment or lot of the contract.

14. SHIPMENT UNDER RESERVATION PROHIBITED: Contractor is not authorized to ship materials under reservation and no tender of a bill of lading shall operate as a tender of the materials.

15. LIENS: All materials and other deliverables supplied to the City shall be free of all liens other than the security interest held by Contractor until payment in full is made by the City. Upon request of the City, Contractor shall provide a formal written release of all liens.

16. CHANGES IN ORDERS: The City reserves the right at any time to make changes in any one or more of the following: (a) methods of shipment or packing; (b) place of delivery; and (c) quantities.

If any change causes an increase or decrease in the cost of or the time required for performance, an equitable adjustment may be made in the price or delivery schedule, or both. Any claim for adjustment shall be evidenced in writing and approved by the City Procurement Officer or designee prior to the institution of the change.

PAYMENT

17. INVOICES: A separate invoice shall be issued for each shipment and each job completed. Invoices shall include City the Contract Number and/or Purchase Order number, and dates when goods were shipped or work performed. Invoices shall be sent within thirty (30) days following performance.

Payment will only be made for satisfactory materials and/or services received and accepted by City.

18. LATE INVOICES: The City may deduct up to 10% of the payment price for late invoices. The City operates on a fiscal year budget, from July 1 through the following June 30. Except in unusual circumstances, which are not due to the fault of Contractor, City will not honor any invoices or claims submitted after August 15 for materials or services supplied in the prior fiscal year.

19. TAXES: Contractor shall be responsible for payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s performance of this Contract. Such taxes include but are not limited to federal and state income tax, social security tax, unemployment insurance taxes, transaction privilege taxes (TPT), use taxes, and any other taxes or business license fees as required.

Non-Hazardous Liquid Waste and Biosolids Disposal

Exception: The City will pay any taxes which are specifically identified as a line item dollar amount in the Contractor’s bid, proposal, or quote, and which were considered and approved by the City as part of the Contract award process. In this event, taxes shall be identified as a separate line item in Contractor’s invoices.

20. FEDERAL EXCISE TAXES: The City is exempt from paying certain Federal Excise Taxes and will furnish an exemption certificate upon request.

21. FUEL CHARGES: Contractor at its own expense is liable for all fuel costs related to performance.

No fuel surcharges will be accepted or paid unless the parties expressly agree to surcharges in writing.

22. DISCOUNTS: If the Contract provides for payment discounts, payment discounts will be computed from the later date of the following: (a) when correct invoice is received by the City; and (b) when acceptable materials and/or materials were received by City.

23. AMOUNTS DUE TO THE CITY: Contractor must be current and remain current in all obligations due to the City during performance. Payments to Contractor may be offset by any delinquent amounts due to City or fees and charges owed to City under this Contract.

24. OFAC: No City payments may be made to any person in violation of Office of Foreign Assets

Control regulations, 31 C.F.R. Part 501.

SERVICES

25. INDEPENDENT CONTRACTOR: Contractor shall be an independent contractor for purposes of all laws, including but not limited to the Fair Labor Standards Act, Federal Insurance Contribution Act, Social Security Act, Federal Unemployment Tax Act, Internal Revenue Code, Immigration and Naturalization Act; Arizona revenue and taxation, workers’ compensation, and unemployment insurance laws.

26. CONTROL: Contractor shall be responsible for the control of the scope of work.

27. WORK SITE: Contractor shall inspect the work site and notify the City in writing of any deficiencies or needs prior to commencing work.

28. SAFEGUARDING PROPERTY: Contractor shall be responsible for any damage to real property of the City or adjacent property in performance of the work and safeguard the worksite.

29. QUALITY: All work shall be of good quality and free of defects, performed in a diligent and professional manner.

30. ACCEPTANCE: If work is rejected by the City due to noncompliance with the Contract, The City, after notifying Contractor in writing, may require Contractor to correct the deficiencies at Contractor’s expense, or cancel the work order and pay Contractor only for work properly performed.

31. WARRANTY: Contractor warrants all work for a period of one (1) year following final acceptance by the City. Upon receipt of written notice from the City, Contractor, at its own expense, shall promptly correct work rejected as defective or as failing to conform to the Contract, whether observed before or after acceptance, and whether or not fabricated, installed or completed by Contractor, and shall bear all costs of correction. If Contractor does not correct deficiencies within a reasonable time specified in the written notice from the City, the City may perform the work and

Non-Hazardous Liquid Waste and Biosolids Disposal

Contractor shall be liable for the costs. This one-year warranty is in addition to, and does not limit, Contractor’s other obligations herein. This warranty shall survive termination or expiration of the Contract.

INSPECTION, RECORDS, ADMINISTRATION

32. RECORDS: The City shall have the right to inspect and audit all Contractor books and records related to the Contract for up to five (5) years after completion of the Contract.

33. RIGHT TO INSPECT BUSINESS: The City shall have the right to inspect the place of business of the Contractor or its subcontractor during regular business hours at reasonable times, to the extent necessary to confirm Contract performance.

34. PUBLIC RECORDS: This Contract and any related materials are a matter of public record and subject to disclosure pursuant to Arizona Public Records Law, A.R.S. § 39-121 et seq. If Contractor has clearly marked its proprietary information as “confidential”, the City will endeavor to notify Contractor prior to release of such information.

35. [Reserved].

INDEMNIFICATION, INSURANCE

36. GENERAL INDEMNIFICATION: To the fullest extent permitted by law, the Consultant shall indemnify, defend and hold harmless the City and each council member, officer, employee, or agent thereof (the City and any such person being herein called an “Indemnified Party”), for, from, and against any and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Consultant, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section.

37. INSURANCE: Contractor shall maintain all insurance coverage required by the City, including public liability and worker’s compensation.

38. INTELLECTUAL PROPERTY INDEMNIFICATION: Contractor shall indemnify and hold harmless the City against any liability, including costs and expenses, for infringement of any patent, trademark or copyright or other proprietary rights of any third parties arising out of contract performance or use by the City of materials furnished or work performed under this Contract. Contractor shall promptly assume full responsibility for the defense of any suit or proceeding which is, has been, or may be brought against the City and its agents for alleged infringement, or alleged unfair competition resulting from similarity in design, trademark or appearance of goods, and indemnify the City against any and all expenses, losses, royalties, profits and damages, attorneys fees and costs resulting from such proceedings or settlement thereof. This indemnification shall survive termination or expiration of the Contract.

CONTRACT CHANGES

39. PRICE INCREASES: Except as expressly provided for in the Contract, no price increases will be approved.

40. COMPLETE AGREEMENT: The Contract is intended to be the complete and final agreement of the parties.

41. AMENDMENTS: This Contract may be amended by written agreement of the parties.

42. SEVERABILITY: If any term or provision of this Contract is found by a court of competent jurisdiction to be illegal or unenforceable, then such term or provision is deemed deleted, and the remainder of this Contract shall remain in full force and effect.

43. NO WAIVER: Each party has the right to insist upon strict performance of the Contract, and the prior failure of a party to insist upon strict performance, or a delay in any exercise of any right or remedy, or acceptance of materials or services, shall not be deemed a waiver of any right to insist upon strict performance.

44. ASSIGNMENT: This Contract may be assigned by Contractor with prior written consent of the City, which will not be unreasonably withheld. Any assignment without such consent shall be null and void. Unless expressly provided for in a separately executed Consent to Assignment, no assignment shall relieve Contractor (Assignor) from any of its obligations and liabilities under the Contract with respect to City. The Chief Financial Officer shall have authority to consent to an assignment on behalf of City.

45. BINDING EFFECT: This Contract shall be binding upon and inure to the benefit of the parties and their successors and assigns.

EMPLOYEES AND SUBCONTRACTORS

46. SUBCONTRACTING: Contractor may subcontract work in whole or in part with the City’s advance written consent. City reserves the right to withhold consent if subcontractor is deemed irresponsible and/or subcontracting may negatively affect performance. All subcontracts shall comply with the underlying Contract. Contractor is responsible for Contract performance whether or not subcontractors are used.

47. NONDISCRIMINATION: Contractor warrants that it complies with all applicable federal, state and local laws and executive orders regarding employment. Contractor will not discriminate against any employee or applicant for employment or person who provides services because of race, color, national origin, religion, gender, age, disability, marital or familial status, veteran status or political affiliation. See City of Buckeye city code § 3-3-2, as may be amended from time to time.

48. DRUG FREE WORKPLACE: The City has adopted a Drug Free Workplace policy for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor personnel shall abstain from use or possession of illegal drugs while engaged in performance of this Contract.

49. IMMIGRATION LAWS: Pursuant to A.R.S. § 41-4401, Contractor hereby warrants to the City that the Contractor and each of its subcontractors will comply with, and are contractually obligated to

Non-Hazardous Liquid Waste and Biosolids Disposal comply with, all State and Federal Immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A) (hereinafter “Contractor Immigration Warranty”). A breach of the Contractor Immigration Warranty shall constitute a material breach of this Contract and shall subject the Contractor to penalties up to and including termination of this Contract at the sole discretion of the City. The City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works on this Contract to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. The City may, at its sole discretion, conduct random verification of the employment records of the Contractor and any subcontractors to ensure compliance with Contractor’s Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. Neither Contractor nor any subcontractor shall be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and Nationality Act and the E-verify requirements prescribed by A.R.S. § 23-214(A).

DEFAULT AND TERMINATION

50. TERMINATION FOR DEFAULT: Prior to terminating this Contract for a material breach, the non-defaulting party shall give the defaulting party written notice and reasonable opportunity to cure the default, not to exceed thirty (30) days, unless a longer period of time is granted in writing by the party asserting default. In the event the breach is not timely cured, or in the event of a series of repeated breaches the non-defaulting party may elect to terminate Contract by written notice, which shall be effective upon receipt. In the event of default, the parties may execute all remedies available at law in addition Contract remedies provided for herein.

51. CITY REMEDIES: In the event of Contractor’s default, City may obtain required materials and/or services from a substitute contractor, and Contractor shall be liable to the City to pay for the costs of such substitute service. City may deduct or offset the cost of substitute service from any balance due to Contractor, and/or seek recovery of the costs of substitute service against any performance security, and/or collect any liquidated damages provided for in the Contract. Remedies herein are not exclusive.

52. CONTRACTOR REMEDIES: In the event of City’s default, Contractor may pursue all remedies available at…