Last Updated: 02/24/2020 - Doc #17132481-v6 COS IFB Template

ISSUING AGENCY – CITY OF SCOTTSDALE

FORMAL INVITATION FOR BID

PACKAGED ICE

IFB #21PB007

CRITICAL DATES

BID SUBMITTAL DUE: 2:00 P.M. LOCAL TIME, JANUARY 7, 2021

QUESTIONS DUE: 10:00 A.M. LOCAL TIME, DECEMBER 30, 2020

APPROVED ALTERNATE SUBMITTALS DUE: 10:00 A.M. LOCAL TIME, DECEMBER 30, 2020

SUBMITTAL RECEIPT AND OPENING

SEALED SOLICITATION SUBMITTALS WILL BE RECEIVED until the time and date stated above in the CRITICAL DATES section of the solicitation, at the Purchasing Department Front Desk, located on the second floor of the Scottsdale Corporation Yard Building at 9191 E. San Salvador Dr., Scottsdale, AZ 85258. All submittals must be date and time stamped at the Purchasing Department front desk on or before the submittal receipt time and date. LATE SUBMITTALS WILL NOT BE

ACCEPTED.

INFORMATION REQUESTS

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

Chery Champine Bid & Contract Specialist

(480) 312-5719 Cchampine@ScottsdaleAZ.gov

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.

INSTRUCTIONS TO BIDDERS AND

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).

mailto:Cchampine@ScottsdaleAZ.gov

COS IFB Template

TABLE OF CONTENTS

PACKAGED ICE

IFB #21PB007

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 – SUBMITTAL PREPARATION REQUIREMENTS

SECTION 5 – REQUIRED FORMS

A. Offer and Acceptance Form B. Bid Form C. Bidder General Disclosure Form D. Bidder Litigation Disclosure Form E. References F. Subcontractor List G. Bidder Questionnaire-Company Information

SECTION 6 – ATTACHMENTS

A. Instructions to Bidders B. General Terms and Conditions

COS IFB Template

SECTION 1 - INTRODUCTION

PACKAGED ICE

IFB #21PB007

A. INTENT

The City of Scottsdale desires to establish a term contract for the purchase and delivery of packaged ice for City work crews and staff to use in one (1) gallon and five (5) gallon water jugs provided by the City. Successful Bidder shall be required to supply the Ice Merchandiser(s).

B. BACKGROUND

Currently the City of Scottsdale has approximately forty (40) locations within the City limits that require Ice Merchandisers. Locations have at minimum one (1) ice merchandiser at each location that is currently receiving product and service as outlined within this solicitation. The City’s estimated usage last year was approximately 350,000 pounds and the anticipated usage for this year is 450,000 pounds.

COS IFB Template

SECTION 2 – STATEMENT OF NEED

PACKAGED ICE

IFB #21PB007

A. SPECIFICATIONS

1. MINIMUM ICE REQUIREMENTS

a. Ice shall be tube or cubed ice.

b. Ice shall be made from potable water. Ice shall meet EPA drinking water standards.

c. Ice shall be clear, tasteless and odorless.

d. Ice quality shall meet industry wide standards including FDA’s regulation for Current Good Manufacturing Practices in Manufacturing, Packaging or holding Human Food.

e. Ice shall NOT be melted; this is unacceptable to the City. Packaged ice shall be stored, transported, delivered and merchandised in a manner that prevents contamination, melting or thawing. Any bags of ice found to be in this condition shall not be included on the invoice submitted to the City.

f. Transport of packaged ice shall be in a properly designed, maintained and sanitary vehicle.

2. ICE PACKAGING REQUIREMENTS

a. Ice shall be cylinder bagged in ten-pound (7 lb.) increments per bag.

b. Ice shall be bagged in a 1.5 mil or thicker clear, virgin, plastic bag.

c. Bags shall be sealed by a ring closure or other acceptable method common to the industry.

Bags sealed by draw strings or heat sealed will NOT be acceptable to the City. Closures shall be of a non-porous material and designed to ensure that the package is properly sealed.

3. MERCHANDISER REQUIREMENTS

a. Contractor shall supply at no additional charge ice merchandiser units for each service location as required in Exhibit “A” (attached) including any additional merchandisers the City may request throughout the initial contract term and any exercised contract extensions.

b. The units shall have the capacity to store at minimum, two-hundred, seventy (270) seven-pound (7 lbs.) bags of ice. Leer model 100 and 155, merchandiser or comparable is acceptable. (Ice merchandiser models that require a cell subscription shall NOT be acceptable)

c. All units shall have at minimum the following:

1) Egg carton flooring

2) Automatic defrost system

3) Top-mounted compressors for outdoor units (usually standard)

COS IFB Template

d. The units shall be either a new or reconditioned construction type box. The unit shall be in an attractive workable condition, free from any mechanical problems. If the ice merchandiser being supplied is reconditioned, it shall not be more than three (3) years old and shall be subject to final approval by the contract administrator.

e. The units shall have metal doors that close completely sealing the ice inside so melting does not occur. Glass doors will NOT be acceptable to the City.

f. Units shall be suitable for the environment they are placed in. Outdoor for outdoor and indoor for indoor.

g. Any required maintenance of these units will be the responsibility of the Contractor. The City will not be responsible for any charges associated with this maintenance or any repairs.

h. All Merchandiser repairs shall be made within twenty-four hours from when the request was placed by the City during the summer schedule and forty-eight (48) hours from when the request was placed by the City, excluding weekends during the months not included in the summer schedule.

i. If a merchandiser is to be down for a period longer than three (3) business days, the Contractor shall replace the box or provide a temporary box until the repair is complete. Any deviation from this MUST be approved by the Contract Administrator.

j. If a merchandiser fails and product is lost, it shall be the responsibility of the Contractor to issue a credit to the City for the lost product and refill the box with product.

k. The ice merchandiser shall be capable of being secured with a padlock when necessary. The City will furnish its own locks. Merchandisers with locks will be unlocked by City Personnel prior to scheduled or requested delivery for restocking of product.

l. The City reserves the right to add additional delivery locations or delete service locations as necessary throughout any contract term.

m. Contractors shall remove all ice merchandisers from City locations within fourteen (14) days from termination of the contract.

4. PRODUCT DELIVERY REQUIREMENTS

a. The heaviest ice usage is the City’s “Summer Schedule” from April through October.

Estimated monthly deliveries for this time frame are listed per location on Exhibit “A” (attached).

b. Delivery service during the months of November through March shall be determined by actual City needs. A revised schedule for these months will be produced by the Contract Administrator and communicated to the Contractor.

c. The Contractor will be required to post their delivery schedule on each Merchandiser as it relates to that location so City staff will know when deliveries can be expected.

d. The City may require deliveries outside the scheduled delivery days. Contractors will be contacted by text or by email from either the Contract Administrator or designee. Contractors shall deliver these orders within twenty-four (24) hours from receipt of contact.

e. WestWorld shall contact Contractor directly to place orders as needed.

f. Contractor shall be required to provide an email address for the City to submit electronic requests for on demand deliveries.

COS IFB Template

g. Contractor shall be required to acknowledge receipt of “on demand” or other requests by sending an email with the following information; 1) Work order number, 2) Building code,

3) Building name and 4) Building address to the following email address:

FMContracts@ScottsdaleAZ.gov (Do NOT reply to email sending request-it does not receive).

h. NO delivery charges will be allowed during this contract or any exercised extensions of this contract.

i. Invoices for each delivery and identifying each location shall be emailed once a week to the Contract Administrator at FMInvoices@ScottsdaleAZ.gov.

j. Awarded Contractor must have their name and address on all invoices submitted.

k. Invoices shall be submitted in Microsoft Excel format or comparable, compiling all individual invoices with at minimum, but not limited to the following:

1) Building Code

2) Building Name

3) Building Address

4) Invoice number

5) Quantity

6) Total Amount

WestWorld location will be billed directly at 16601 N. Pima Rd., Scottsdale, AZ 85260. West World will set up their own PO for the following two (2) sites (Exhibit B – attached):

1) 2534 WestWorld Feed & Bedding (tax exempt)

2) 2535 WestWorld Ops Building RV Office

l. WestWorld will pay for the ice usage at their facility.

5. DELIVERY DRIVER REQUIREMENTS

Two (2) designated delivery drivers shall be assigned to the City account. One (1) primary delivery driver and one (1) secondary delivery driver.

6. ADDITIONAL REQUIREMENTS

Successful Bidder will be required to attend a meeting with the Contract Administrator or designee prior to starting of contract requirements. The meeting will cover general aspects of the contract including but not limited to scheduling, delivery of merchandisers, invoicing requirements and expectations for the contract.

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 ant necessary licenses and permits required in connection with the completion of required services herein.

3. The Contractor may not subcontract any segment or services covered herein, without prior 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.

mailto:FMContracts@ScottsdaleAZ.gov mailto:FMInvoices@ScottsdaleAZ.gov

COS IFB Template

4. The Contractor shall have conducting business within the Phoenix Metropolitan area for a MINIMUM of three (3) consecutive years.

5. The Contractor’s place of business MUST be physically located in the Phoenix, Arizona metropolitan area.

6. Contractor must be a member of IPIA (International Packaged Ice Association).

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 City 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, product to be purchased, all local conditions, and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost or the delivery of the required product.

D. CITY’S RESPONSIBILITIES

1. The Contract Administrator for the resulting contract shall be the Contracts Coordinator.

COS IFB Template

SECTION 3 - SPECIAL TERMS AND CONDITIONS

PACKAGED ICE

IFB #21PB007

1. ACCEPTANCE / AGREEMENT

Any agreement made pursuant to this solicitation must be accepted in writing by the Contractor.

If for any reason Contractor should fail to accept the Agreement in writing, any conduct by Contractor which recognizes the existence of an Agreement pertaining to the subject matter hereof shall constitute acceptance by Contractor of the Agreement and all of its terms and conditions. Any terms proposed by Contractor which add to, vary from or conflict with the terms herein are hereby objected to. 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 Agreement between the parties and may hereafter be modified only by written instrument executed by the authorized representatives of both parties. If any Agreement has been issued by the City in response to a bid and if any of the terms therein are additional to or different from any terms of such bid, then the issuance of the Agreement by the City shall constitute an acceptance of such bid subject to the express conditions that the Contractor assent to such additional and different terms herein and acknowledge that the Agreement constitutes the entire agreement between the City and the Contractor with respect to the subject matter and acknowledged unless Contractor notifies the City to the contrary in writing within ten (10) days of receipt of the Agreement.

2. 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 amount 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 change order and be a MINIMUM of thirty (30) days prior to the changes taking effect.

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

f. Labor Day 1st Monday in September

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

h. Thanksgiving Day 4th Thursday in November

i. Day after Thanksgiving 4th Friday in November

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

COS IFB Template

4. 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.

5. FUEL SURCHARGES

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

6. 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 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.

COS IFB Template

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:

1. City of Scottsdale, and the U.S. Bureau of Reclamation, 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.

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

COS IFB Template 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.

7. INVOICING

All invoices and billing statements shall be accessible and printable from an electronic portal with a secure log or submitted electronically (emailed) to FMInvoices@ScottsdaleAZ.gov Itemized invoices shall contain a MINIMUM of the following information:

• Vendor Name

• Remit to Address

• Purchase Order Number

• Invoice Date

• Invoice Number

• Date service/work was completed

• Complete description of work completed

• Building name and building code 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 ten (10) days after the service/work is completed and approved by the Contract Administrator. Invoices must be per location and should match previously submitted packing slip list.

West World location will be billed directly at 16601 N. Pima Rd., Scottsdale, AZ 85260. West World will set up their own PO for the following two (2) sites:

1) 2534 WestWorld Feed & Bedding (tax exempt)

2) 2535 WestWorld Ops Building RV Office

WestWorld will pay for the ice usage at their facility.

8. PRICE ESCALATION

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.

mailto:FMInvoices@ScottsdaleAZ.gov

COS IFB Template

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

The percentage increase in the unit pricing may not exceed the percent in the U.S. City Average “Consumer Price Index” (C.P.I.) All Items, 1982-84=100 for All Urban Consumers for the Percentage Change from the previous twelve (12) months, as published by the U. S. Department of Labor Bureau of Labor Statistics.

The percentage increase in the unit pricing may not exceed the percent in the United States “Producer Price Index” (PPI). Series ID# WPU058102 (Not Seasonally Adjusted), Group: Fuels and related products and power, Item: Asphalt, Base Date: 198506, for all Consumers in the (PPI) U. S. City Average for the Percentage Change from the previous twelve (12) months, as published by the U. S. Department of Labor Bureau of Labor Statistics. Found at: www.bls.gov/ppi/

9. PRICING

Pricing shall be listed on the Bid Form. Prices quoted by the Bidders 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 Bid Form herein. Bidders failing to comply with this requirement may be declared non-responsive.

All charges associated with this Contract MUST be shown on the Bid Form returned by the Bidder or other supporting documentation. Any charges not listed on the Bid Form or supporting documentation submitted with the Bidder’s proposal response shall not be allowed during the Contract period and any applicable extensions.

Unit prices quoted shall be applicable for any quantity ordered by the City of Scottsdale or differentiated on the Bid Form or other supporting documentation.

10. PURCHASING PROCEDURE

All shipments from the Contractor shall have an invoice emailed to FMContracts@ScottsdaleAZ.gov. Shipments shall be checked in by City Staff only. All priced individual invoices must match the final invoice sent to the City of Scottsdale’s Accounts Payable department.

11. QUANTITY

The City estimates a need for approximately 417,000 pounds of bagged ice during the initial term of this Contract.

The estimated quantities that will be required during the initial term of this Contract are indicated on the Bid 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.

12. REPORTING REQUIREMENTS

A written record of all completed maintenance procedures, service calls and repairs shall be delivered to the Contract Administrator or designee via email at FMContracts@ScottsdaleAZ.gov within forty-eight (48) hours of the completion of the work. These records shall specify at minimum, but not limited to the following:

http://www.bls.gov/ppi/

COS IFB Template

a. A clear description of ice box condition at arrival

b. Detailed description of maintenance work or repairs performed

c. Recommended service if no maintenance or repairs are completed

d. Identify if the merchandiser is reconditioned or not and the age of the merchandiser

13. SINGLE AWARD

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.

14. 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.

15. UNPREDICTABLE MARKET CHANGE

In the event of an unpredictable change in the market, which affects the then current Contract price, Contractor may submit justification for a price adjustment. Contract Administrator and Purchasing Director shall review justification and determine applicable price adjustment. Upon return to normal market conditions, the price will be adjusted to the price established by the original Contract terms.

The Purchasing Director shall be the final authority on any price adjustment due to unpredictable market change.

COS IFB Template

SECTION 4 – SUBMITTAL PREPARATION REQUIREMENTS

PACKAGED ICE

IFB #21PB007

NOTICE: Bidders are not required to return a copy of the solicitation and/or any addenda issued by the City of Scottsdale, with your submittal. Please review the submittal requirements below for the list of information to be included with your submittal.

To constitute a valid responsive bid by the Bidder to this solicitation, the Bidder’s submittal MUST include a MINIMUM of the following items:

Offer/Acceptance Document (COS Form) – Complete Offer portion of the document, signed in ink.

Sample documents – Sample Invoice, Sample Repair Service Slip for Merchandiser Repair requests, sample response for receipt of work order requests.

Bid Form(s) (COS Form) – Fully completed Solicitation Bid Form(s)

Reference List (COS Form) –Fully completed Reference List.

Subcontractor’s List (COS Form) – Fully completed Subcontractor’s List.

Bidder General Disclosure Form (COS Form) – Fully completed General Disclosure Form, signed in ink.

Bidder Litigation Disclosure Form (COS Form) - Fully completed Litigation Disclosure Form, signed in ink.

Bidder Questionnaire Form (COS Form) – Fully completed Bidder Questionnaire Form.

Bidder Questionnaire Form(s) Similar / Relevant Projects (COS Form) – Fully completed Bidder Questionnaire Form(s) Equipment List.

Original Bid / Bid Copies – Identify and submit one (1) unbound original and one (1) copy of the Bidder’s response (Bid copy may be bound if the Bidder so desires).

NOTE:

“Please do not return a copy of the solicitation/addenda(s) with your proposal/submittal. Return only the required documents as referenced on the Submittal Checklist.”

All submittals are to be completed on the City of Scottsdale (COS) forms without any alterations; failure to do so may result in your submittal being rejected.

COS IFB Template

SECTION 5 – REQUIRED FORMS

PACKAGED ICE

IFB #21PB007

-All required forms are attached following this page-

OFFER AND ACCEPTANCE

City of Scottsdale Purchasing Division

9191 E. San Salvador Dr.

Scottsdale, AZ 85258

Phone: 480-312-5700 – Fax: 480-312-5701 SOLICITATION # 21PB007 SOLICITATION TITLE: Packaged Ice

OFFER

TO THE CITY OF SCOTTSDALE:

The undersigned hereby offers and agrees, in accordance with the undersigned's written offer submitted in response to this solicitation, to furnish the material and/or service(s) in compliance with all terms, conditions, specifications, scope of work, and addendums in the solicitation listed above, including written exceptions that are subject to the approval of the City prior to acceptance. The undersigned agrees that the entire solicitation listed above is hereby incorporated by reference as if fully set forth herein.

The Bidder's signature on this Offer form certifies that he has read; understands and will comply with all terms, conditions and specifications stated in all documents constituting the solicitation. The bidder also certifies it is in compliance with the Non- Collusion and all Federal and Arizona State Immigration Laws.

OFFER MADE - COMPANY INFORMATION FOR CLARIFICATION OF THIS OFFER, CONTACT:

Company Name Printed Name

Address Title

City State Zip Phone

Signature for Bidder Date Fax E Mail

Printed Name and Title of Authorized Signatory Address ( if different from Company info )

Federal Employer Tax ID # or SSN as per W9 Statement City, State, Zip ( if different from Company info )

ACCEPTANCE OF OFFER, NOTICE OF CONTRACT AWARD

(for City of Scottsdale Use Only)

The Contractor's offer is hereby accepted by the City of Scottsdale. The Contractor is now bound to sell the materials and/or service(s) and perform based upon the above solicitation, including all terms, conditions, specifications, scope of work, and addendums contained in the solicitation, as well as any written exceptions that have been separately accepted by the City.

This contract shall henceforth be referred to as Contract # 21PB007 The contract consists of the following documents: 1) Solicitation # 21PB007 and all addendums (if applicable) as issued by the City; 2) The Contractor’s response to the City’s solicitation; 3) This signed offer and acceptance and any other applicable contractual agreements, 4) All written exceptions and/or modifications to the solicitation requirements as agreed to by the City and the Contractor as per attachment , dated .

The Contractor is hereby cautioned not to commence any billable work or provide any material or service under this contract until the Contractor receives a purchase order document from the City.

The Contractor must provide the following checked items within ten (10) calendar days from the date of this Acceptance of Offer, Notice of Contract Award in order for the City to issue the required Purchase Order : Payment Bond Performance Bond, Insurance Certificate(s), I.R.S. Form W-9/Taxpayer ID No. & Certification, other documentation as identified.

If the Contractor fails to furnish the required documents within the stated ten (10) calendar days, they may be considered in default and may be at risk of forfeiture of any applicable Bid Bond posted. All required documents are to be sent to the Bid & Contract Specialist listed in the solicitation.

This document has been approved as to form on the 22nd day of July, 2012 by the City Attorney and is on file with the City Clerk. It need not be submitted to the City Attorney for approval unless the form document is altered.

City of Scottsdale, a municipal corporation Offer Accepted and Awarded this day of , 20___

Robert Schoepe, Purchasing Director, CPM

Or Designee _______________________________________ As City of Scottsdale Purchasing Director

Risk Management issues reviewed and approved as to form _________________, 20___ by City of Scottsdale Risk Management Director

Recommended award approved _____________________, 20___ by City of Scottsdale Contract Administrator

BID FORM – PAGE 1 OF 1

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IFB #21PB007

Bidders shall bid on only seven-pound (7 lb.) bags of bagged ice. No substitutes will be acceptable.

QUANTITY DESCRIPTION UNIT PRICE

EXCLUDING TAX

TOTAL BID COST

EXCLUDING TAX

417,000 Bagged Ice (7 lb. bag) $______________ $______________

**TAXES

1. Do not include any use, or federal excise tax in your bid. The City is exempt from the payment of federal excise tax and will add use tax as applicable.

DELIVERY DESTINATION

Delivery Location: Various City Locations

1. Delivery terms are F.O.B. destination.

2. Prices quoted herein are effective through completion of delivery against this Contract.

ADDENDA

The Bidder hereby acknowledges that his bid pricing is based on all of the addenda that were issued by the City prior to opening of this bid.

NO BID: If no bid please state reason:

If Applicable, Contractor’s License Number and Classification: __________________________

COMPANY NAME: ______________________________________

BIDDER GENERAL DISCLOSURE FORM

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IFB #21PB007

Bidder shall respond to each of the questions below by checking the appropriate box and provide supplemental information as needed. Failure to fully and truthfully disclose the information required by this disclosure form may result in the disqualification of your submittal from consideration or termination of the contract, once awarded.

Debarment / Suspension Information – Has the Respondent or any of its principals been debarred or suspended from contracting with any public entity?

YES NO

If “YES”, in an attachment to this form identify the public entity and the name and current phone number of a representative of the public entity familiar with the debarment or suspension and state the reason for or circumstances surrounding the debarment or suspension, including but not limited to the period of time for such debarment or suspension.

Surety Information – Has the Respondent or any of its principals ever had a bond or surety cancelled or forfeited?

YES NO

If “YES”, in an attachment to this form identify the name of the bonding company, date, amount of bond and reason for such cancellation or forfeiture.

Bankruptcy Information – Has the Respondent or any of its principals ever been declared bankrupt or filed for protection from creditors under State or Federal proceeding in the last seven (7) years?

YES NO

If “YES”, in an attachment to this form identify the date, court, jurisdiction, case number, amount of liabilities and amount of assets.

Signature Title Printed Name Date

COMPANY NAME: _____________________________________________

BIDDER LITIGATION DISCLOSURE FORM

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IFB #21PB007

Bidder shall respond to each of the questions below by checking the appropriate box and provide supplemental information as needed. Failure to fully and truthfully disclose the information required by this disclosure form may result in the disqualification of your submittal from consideration or termination of the contract, once awarded.

Have you or any member of your Firm or Team to be assigned to this contract ever been indicted or convicted of a felony or a misdemeanor involving theft or moral turpitude in the last five (5) years?

YES NO

Have you or any member of your Firm or Team to be assigned to this contract ever been terminated (for cause or otherwise) from any work being performed for the City of Scottsdale or any other Federal, State or Local Government?

YES NO

Have you or any member of your Firm or Team to be assigned to this contract ever been involved in any claim or litigation with the City of Scottsdale or any other Federal, State or Local Government during the last ten (10) years?

YES NO

If you answered “YES”, to any of the above questions, in an attachment to this form, please indicate the name(s) of the person(s), the nature, and status and/or outcome of the information, indictment, conviction, termination, claim or litigation, as applicable.

Signature Title

Printed Name Date

COMPANY NAME: ______________________________________________

REFERENCES

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IFB #21PB007

List minimum of three (3) Arizona customers, excluding the City of Scottsdale, for whom your company has provided service(s) of a similar scope as this Invitation for Bid, during the past three years. Include the length of any contracts listed. Bidders may make multiple copies of this document as needed.

The following questions are asked to enable the evaluation team to assess the qualifications of Bidders under consideration for final award. This information may or may not be a determining factor in award of this solicitation.

Company Name: _____________________________________________________________

Company Address: ___________________________________________________________

City/State/Zip: _______________________________________________________________

Contact Person: _________________________ Telephone #:_________________________

Email: _________________________________ Date of Service: ______________________

Type of Service Provided: ______________________________________________________

Company Name: _____________________________________________________________

Company Address: ___________________________________________________________

City/State/Zip: _______________________________________________________________

Contact Person: _________________________ Telephone #:_________________________

Email: _________________________________ Date of Service: ______________________

Type of Service Provided: ______________________________________________________

Company Name: _____________________________________________________________

Company Address: ___________________________________________________________

City/State/Zip: _______________________________________________________________

Contact Person: _________________________ Telephone #:_________________________

Email: _________________________________ Date of Service: ______________________

Type of Service Provided: ______________________________________________________

YOUR COMPANY NAME: ___________________________________________

SUBCONTRACTOR’S LIST

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IFB #21PB007

COMPANY NAME: ______________________________________

If any Bidder intends to subcontract any portion of this contract, the Bidder must submit the name, address, license number (if applicable) of each subcontractor including the extent of such subcontracting and include with bid submittal documents. (Bidder may supply additional pages as needed to identify all subcontractors).

NAME: __________________________________________ LICENSE: ___________________

ADDRESS: ______________________________________________________________________

CONTACT PERSON/TELEPHONE#: __________________________________________________

EMAIL ADDRESS: ________________________________________________________________

EXTENT OF WORK: ______________________________________________________________

NAME: __________________________________________ LICENSE: ___________________

ADDRESS: ______________________________________________________________________

CONTACT PERSON/TELEPHONE#: __________________________________________________

EMAIL ADDRESS: ________________________________________________________________

EXTENT OF WORK: ______________________________________________________________

NAME: __________________________________________ LICENSE: ___________________

ADDRESS: ______________________________________________________________________

CONTACT PERSON/TELEPHONE#: __________________________________________________

EMAIL ADDRESS: ________________________________________________________________

EXTENT OF WORK: ______________________________________________________________

NAME: __________________________________________ LICENSE: ___________________

ADDRESS: ______________________________________________________________________

CONTACT PERSON/TELEPHONE#: __________________________________________________

EMAIL ADDRESS: ________________________________________________________________

EXTENT OF WORK: ______________________________________________________________

BIDDER QUESTIONNAIRE – COMPANY INFORMATION

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IFB #21PB007

COMPANY INFORMATION

Company Local Office Physical Address

Office Daytime Phone Number

Office Fax Number Telephone Ordering Phone Number(s)

Company Email Address

Company Operating Hours (Monday – Friday)

Company Hours (Saturday)

NAME OF MAIN CONTACT

(assigned to this contract)

Office Phone Number of Main Contract

Cellular Phone Number of Main Contact

Email of Main Contact

NAME OF COMPANY MANAGER

Office Phone Number of Company Manager

Email of Company Manager

After Hour/Emergency Phone Number(s)

Signature_______________________________

Printed Name: ___________________________

Title ___________________________________

Company _______________________________

SECTION 6 - ATTACHMENTS

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IFB #21PB007

B. INSTRUCTIONS TO BIDDERS – Shall be downloaded as part of this solicitation

C. GENERAL TERMS AND CONDITIONS - Shall be downloaded as part of this solicitation

SECTION 7 – EXHIBITS

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IFB #21PB007

Any Exhibits referenced in this solicitation are located in this Section.

A. Service Location Schedule B. WestWorld service site map

EXHIBIT - A SERVICE LOCATION SCHEDULE (PAGE 1 of 2)

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IFB #21PB007

Bldg Code

Building Name Boxes Delivery Day Calander Week

Delivery Sequence

Bldg Address

2100 North Corporation Yard* 2 Wednesday 1,2,3 & 4 Every Week 9191 E San Salvador Dr 2102 Himovitz 2* 1 Wednesday 1,2,3 & 4 Every Week 9312 N 94th St 1211 South Corporation Yard Complex** 1 Wednesday 1,2,3 & 4 Every Week 7601 E McKellips Rd 2570 Solid Waste Transfer Station*** 1 Wednesday 2 & 4 2x Per Month 8417 E. Union Hills Dr 1701 Police District 1** 1 Wednesday 2 & 4 2x Per Month 7601 E McKellips Rd

Police Department/ Fire Headquarters 1 Wednesday 2 & 4 2x Per Month

8401 E Indian School Rd 2612 Water Campus*** 3 Wednesday 2 & 4 2x Per Month 8787 E Hualapai Dr 2430 Cactus Park 1 Wednesday Call In 7202 E Cactus Rd 1565 Chaparral Water Treatment 1 Wednesday Call In 8111 E. McDonald Dr 1551 Indian School Park Club SAR 1 Wednesday Call In 8055 E Camelback Rd

Fire Station 601- Old (Occuppied by Parks Staff)

1 Wednesday 4 1x Per Month 2857 N Miller Rd

1702 Police District 2 1 Wednesday 4 1x Per Month 3700 N 75th St 1704 Police District 4**** 1 Wednesday 4 1x Per Month 20363 N Pima Rd 2629 Horizon Park Maintenance Building 1 Wednesday Call In 15444 N 100th St 1241 Vista Del Camino Park 1 Wednesday Call In 7700 E Roosevelt 2312 CAP Administration Building 1 Wednesday Call In 16800 N. Hayden Rd 2507 Scottsdale Sports Complex 1 Wednesday Call In 8081 E. Princess Dr

Stadium Maintenance Compound (access between 5am - 2pm)

1 Wednesday Call In 7408 E Osborn Rd

1445 Thompson Peak Park 1 Wednesday Call In 20199 N. 78th Pl

McCormick Railroad Park Maintenance Compound

1 Wednesday Call In 7301 E Indian Bend Rd

Summer Delivery (April-October)

EXHIBIT - A SERVICE LOCATION SCHEDULE (PAGE 2 of 2)

PACKAGED ICE

IFB #21PB007

1196 Tom Hontz Training Tower 1 Wednesday Call In 911 E Stadem Dr 1606 Fire Station 606 1 Thursday 1 1x Per Month 10850 E Via Linda 1607 Fire Station 607 1 Thursday 1 1x Per Month 11230 N 132nd St 1611 Fire Station 611**** 1 Thursday 3 1x Per Month 20355 N Pima Rd 1613 Fire Station 613 1 Thursday 3 1x Per Month 26380 N Hayden Rd 1615 Fire Station 615 1 Thursday 3 1x Per Month 31802 N Pima Rd 1616 Fire Station 616 Modular 1 Thursday 3 1x Per Month 9192 E Cave Creek Rd

1616N Fire Statiion 616 NEW - Coming Soon 1 Thursday 3 1x Per Month 10905 E Loving Tree Lane 1601 Fire Station 601 1 Thursday 2 & 4 2x Per Month 1901 N Miller Rd 1602 Fire Station 602 1 Thursday 2 & 4 2x Per Month 7522 E Indian School Rd 1604 Fire Station 604 1 Thursday 2 & 4 2x Per Month 9045 E Via Linda 1605 Fire Station 605 1 Thursday 2 & 4 2x Per Month 7455 E Shea Rd 1608 Fire Station 608 1 Thursday 2 & 4 2x Per Month 9598 E Cactus Rd 1609 Fire Station 609 1 Thursday 2 & 4 2x Per Month 14970 N 78th Way 1610 Fire Station 610 1 Thursday 2 & 4 2x Per Month 16701 N 100th St 1614 Fire Station 614 1 Thursday 2 & 4 2x Per Month 27775 N. Alma School Pkwy

1603N Fire Station 603 - New 1 Thursday 1 1x Per Month 8191 E Indian Bend Road West World Locations

WestWorld Park Feed & Bedding ***** (tax exempt) 2 Wednesday Call In

16601 N Pima Rd

WestWorld Ops Building RV Office ***** 1 Wednesday Call In

16601 N Pima Rd

Corresponding number of * identify Bldg Names located in Campus.

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West World Admin/RV sta

West World Feed & Beddin (not taxable)

.k WestWorld Site Plan

WestWorld

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EXHIBIT B - WestWorld service site map (Page 1 of 2)

EXHIBIT B - WestWorld service site map (Page 2 of 2)