3-26IFB052 - WestWorld Shavings - IFB Solicitation - Upload.pdf

Last Update: 02/12/2025 COS IFB Template

ISSUING AGENCY – CITY OF SCOTTSDALE

FORMAL INVITATION FOR BID

WESTWORLD SHAVINGS

26IFB052

CRITICAL DATES

PROPOSAL SUBMITTAL DUE: 2:00P.M., LOCAL TIME, MARCH 26, 2026

QUESTIONS DUE: 2:00P.M., LOCAL TIME, MARCH 19, 2026

SUBMITTAL RECEIPT AND OPENING

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

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

LATE SUBMITTALS WILL NOT BE ACCEPTED The Purchasing office will conduct a remote/online Microsoft Teams Live Event meeting for the public opening of the solicitation. To virtually attend this meeting, visit us online by clicking the following link 26IFB052 - WestWorld Shavings.

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

INFORMATION REQUESTS

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

Michelle Pharrams Bid & Contract Analyst mpharrams@scottsdaleaz.gov 480-312-5728

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

https://scottsdaleaz.bonfirehub.com/portal/?tab=login mailto:support@gobonfire.com https://scottsdaleaz.bonfirehub.com/portal/?tab=login https://teams.microsoft.com/meet/27318765813279?p=EXXywyOTIQqHzirOJP

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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 (IFB).

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 (IFB).

TABLE OF CONTENTS

SECTION 1 - INTRODUCTION

A. Intent B. Background

SECTION 2 – STATEMENT OF NEED

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

SECTION 3 – SPECIAL TERMS AND CONDITIONS

SECTION 4 – REQUIRED FORMS

A. Offer and Acceptance Form B. Pricing Proposal Form C. Wood Shavings Details Form D. Bidder General Disclosure Form E. Bidder Litigation Disclosure Form F. References Form G. Subcontractor List Form H. Bidder Questionnaire-Company Information Form

SECTION 5 – ATTACHMENTS

A. Instructions to Bidders B. General Terms and Conditions

SECTION 1 - INTRODUCTION

A. INTENT

1. It is the intent of the City of Scottsdale to contract with a qualified firm for the purchase of bedding (shavings) for the WestWorld Equestrian Center.

2. The items listed herein shall be for resale by the WestWorld Equestrian Center unless noted otherwise at the placement of any order(s).

3. Offeror shall familiarize themselves with the nature and extent of the solicitation and contract documents, services to be provided, all local conditions, federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost or the required services.

4. The Offeror 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 Offeror. The Offeror is also encouraged to carefully review their final submittal documents.

B. BACKGROUND

1. WestWorld is the City of Scottsdale’s premier nationally recognized equestrian and special event facility which hosts over 100 events each year with attendance of approximately 900,000 people annually. Events such as the Arizona Quarter Horse Association Sun Country Circuit, Fall Championship, Region VII Arabian Horse Show, and Arabian Horse Association of Arizona Show and Expo are just a few that occur annually at WestWorld. Located on approximately 120 acres adjacent to the 101 Freeway between Frank Lloyd Wright and Bell Roads, WestWorld consists of a ten-acre polo field, an upgraded enclosed, climate controlled Equidome arena, 6,000 seat open-air Wendell Arena, 8 additional equestrian arenas, 20 horse barns, and 400 RV spaces.

SECTION 2 – STATEMENT OF NEED

A. SPECIFICATIONS

1. The City of Scottsdale desires to contract for bedding (shavings) for WestWorld.

2. The contracted product shall be ordered by the City of Scottsdale on an ‘as needed’ basis.

3. The City of Scottsdale can store approximately 20,000 bags of shavings at any one time.

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

5. All product supplied under the scope of this Contract shall be unloaded with minimal assistance from City personnel. Minimal assistance means City of Scottsdale personnel using a city forklift to unload pallets, and no other assistance.

6. Shipments requiring substantial assistance by City personnel to unload shall be refused.

7. Shavings deliveries shall be accepted in the following formats ONLY:

• Shavings shall be bagged as specified herein, then palletized and shrink-wrapped to ensure they can be safely and efficiently unloaded by City of Scottsdale personnel using a City forklift. Palletized products shall not exceed a maximum height of 92 inches.

8. Any products supplied under the scope of this Contract that are delivered in a damaged or “Un-sellable condition” (i.e., wet, etc.) will be rejected at time of delivery and/or discovery.

9. Any products supplied under the scope of this Contract that are discovered to be in an “Un-sellable condition” (i.e., moldy, wet, etc.), at a later date, due to conditions that were hidden at the time of delivery (i.e., middle of the pallet, middle of the stack, etc.), will be returned to the Contractor for a full refund.

Wood Shavings Specifications

10. Wood shavings supplied under this Contract shall be classified by the industry as Equine Quality or better.

11. Wood shavings supplied under the scope of this Contract shall meet ALL of the following MINIMUM specifications:

11.1 Shavings shall be derived from softwood. All pine is the preference. No hard woods. No cedar.

11.2 Shavings supplied shall have had the saw dust extracted and be screened, triple screened is preferred.

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11.3 Shavings supplied shall have a moisture content that is not less than ten percent (10%) and not more than sixteen percent (16%).

11.4 Shavings supplied shall contain no splinters, wood chunks, stones or debris of any kind.

11.5 Shaving supplied shall contain no Black Walnut shavings.

11.6 Shavings supplied shall be kiln dried.

11.7 Shavings supplied shall consist of Small Flakes.

11.8 Size of pieces to be no smaller than ¼” and no larger than ¾”.

11.9 Shavings supplied shall consist of soft, light and fluffy pieces.

Packaging

12. All products supplied under this contract shall be packaged and delivered in heavy duty polyethylene bags with a compressed quantity of between two and a half and five cubic feet (2½ ft³- 5 ft³).

13. Information of product description shall be printed on each bag as follows:

13.1 Type of flake (pine, etc.)

13.2 Number of cubic feet compressed

13.3 Number of cubic feet loose

14. Print shall be opaque and stand out against the shavings.

15. CLEAR BAGS WITH WESTWORLD LOGO 1-COLOR PRINT

Clear, heavy duty, polyethylene bag with WestWorld logo 1-Color print, either black or navy-blue ink and with standard language as sold in retail.

Optional Product

16. Offerors are encouraged to submit pricing and provide specifications or details on optional products that are similar to the required product detailed above. The City of Scottsdale will not evaluate any optional products, but they could potentially be purchased from the Contractor once a Contract has been awarded. Samples of optional products are also not required. Optional products shall be accepted bagged with Manufacturer’s logo.

17. Contractor shall NOT sell or distribute WestWorld bagged shavings to other suppliers.

18. Contractors are permitted to add their company information ONLY on the sides of the bag.

19. WestWorld Logo shall be a 1-Color print either in black or navy-blue ink

20. Logo size shall be 12” x 12”.

Proof Sample

21. The Contractor after award, upon request, shall provide to the City’s Contract Administrator a sample of the clear bag with desired graphics for approval prior to running the full order of bags.

22. The Contract Administrator will sign off on each sample proof and both parties shall maintain a file of signed proofs at all times in the event questions arise as to the finished product.

Pricing

24. Pricing shall be listed on the Pricing Proposal Form.

25. Prices offered herein by the Offeror shall be firm and fixed during the entire initial term (1 year) of the Contract.

26. All pricing submitted by the Offeror shall be in the same unit size (bag) as requested on the Pricing Proposal Form.

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

28. Unit prices offered herein shall be applicable for any quantity ordered by the City of Scottsdale.

Taxes

29. All of the items provided under the scope of this Contract, unless noted otherwise at the time the order is placed, shall be for resale by the WestWorld Equestrian Center.

30. The City of Scottsdale shall provide the Contractor with the City’s Tax Identification Number after Contract award, so that the City will be exempt from any applicable sales tax.

B. CONTRACTOR QUALIFICATIONS

1. Offeror shall have the demonstrated ability to meet the requirements and specifications herein for the sale and delivery of wood shavings to the City of Scottsdale for use as equine bedding.

2. Offeror shall have been conducting business providing similar products and/or services as requested in the solicitation for a MINIMUM of three (3) consecutive years.

C. CONTRACTOR’S RESPONSIBILITIES

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

WestWorld Equestrian Center (16601 N. Pima Rd. Scottsdale, AZ 85260).

2. All standard freight and/or delivery charges shall be included in the unit pricing provided on the Pricing Proposal Form by the Offeror.

3. The Contractor shall have in place a delivery service that is capable of making deliveries to the WestWorld Facility between the hours of 7:00 A.M. and 3:00 P.M., six (6) days a week.

4. Failure to consistently deliver the quantity and quality of shavings in a timely manner may result in Contract termination.

5. The Contractor shall immediately notify the Contract Administrator anytime the delivery, quantity and quality requirements will not be met.

6. WestWorld will place orders with the Contractor via the telephone or by email.

7. The Contractor shall provide contact information that guarantees that orders shall be received by the Contractor Monday through Saturday, from 7:00 A.M. to 3:00 P.M. local Arizona time.

8. 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.

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

10. The Contractor shall have sufficient personnel, inventory and equipment to complete all work requests, as defined in this Solicitation, in the time frame required by the Contract Administrator.

11. 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.

12. All equipment used for performance of work under the scope of this Contract, shall be maintained in a safe operating condition, and shall comply with all applicable Federal, State, Local, ANSI, and OSHA laws, rules, and regulations.

13. The Contractor shall protect and prevent damage to wires, cable, structures, fences, vehicles, trees, plants and other artifacts. Any damage to public or private property shall be corrected by repair or replacement by the Contractor, at the Contractor’s expense, to the satisfaction of the property owner and/or the Contractor Administrator.

D. CITY’S RESPONSIBILITIES

1. The Contract Administrator for the resulting contract shall be the WestWorld Facilities

Manager or his designee.

2. The City of Scottsdale shall provide the awarded Contractor(s) with the City’s Tax Identification Number after Contract award, so that the City will be exempt from any applicable sales tax.

SECTION 3 - SPECIAL TERMS AND CONDITIONS

1. ACCEPTANCE / AGREEMENT

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

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

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

2. ACCURACY OF WORK

The Contractor shall be responsible for the accuracy of the work requested and shall promptly make all necessary revisions or corrections without additional compensation. Acceptance of the work by the Project Manager will not relieve the Contractor of the responsibility for subsequent

3. CITY ASSURANCE

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

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

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

4. CITY OBSERVED HOLIDAYS

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

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

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

b. Martin Luther King Day 3rd Monday in January

c. President’s Day 3rd Monday in February

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d. Memorial Day Last Monday in May

e. Juneteenth June 19th

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

g. Labor Day 1st Monday in September

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

i. Thanksgiving Day 4th Thursday in November

j. Day after Thanksgiving 4th Friday in November

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

5. 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.

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

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

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

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

Administrator at the time of the service request.

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

Contract Administrator at the time of the service request.

6. DELAYS AND EXTENSIONS

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

7. FREIGHT

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

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

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

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

8. FUEL SURCHARGES

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

9. 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

COS IFB Template 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. 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

COS IFB Template 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 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.

10. INVOICING

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

Itemized invoices shall contain a MINIMUM of the following information:

• Vendor Name

• Remit to Address

• Purchase Order Number

• Invoice Date

• Invoice Number

• Date service/work was completed

• Complete description of work completed

• Location where service/work was performed

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

• Tax Amount (if applicable)

• Total Invoice Amount

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

11. NON-COMPLIANCE CONDITIONS AND REMEDIES

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

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

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

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

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

Second Infraction – The second infraction in the same area or the same type of infraction shall result in a meeting with the Contractor. The second letter of non-compliance shall result in a

COS IFB Template deduction from the Contractor’s monthly bill per the Liquidated Damages clause of the Special Terms and Conditions as identified in the Statement of Need. Failure to correct the non-compliance situation within the time imposed by the City may result in the Contractor’s forfeiture of payment for the work that was not completed in the timeline issued by the Contract Administrator. At this point the City of Scottsdale will exercise its right to either perform the work itself or use another approved to perform the work. Any work done in this manner will be deducted from the monthly billing. This action will in no way alleviate the responsibility of the Contractor to continue the maintenance of this site once the area has been recovered.

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

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

12. PACKAGING

All products supplied under this Contract shall be delivered in the manufacturer’s standard package and have the following MINIMUM information clearly distinguishable on each package:

the part Manufacturer's name, manufacturer’s part number, size and grade (if applicable).

13. PRICE ADJUSTMENTS

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

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

The proposed increased rate shall be based upon presentation by the Contractor and review by the Contract Administrator; however, the Contract Administrator shall evaluate the Contractor's performance, services and records documentation to determine the appropriateness of the increase requested.

14. PRICING

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

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

15. PRODUCT TESTING AND QUALITY CONTROL

The City of Scottsdale reserves the right to perform periodic, random, unannounced, testing of any goods delivered under the scope of this Contract. The goods shall be tested for conformance to the specifications contained herein. The Contractor shall have twenty-four (24) hours to replace

COS IFB Template any goods failing the tests conducted by an independent laboratory, at no additional charge to the City of Scottsdale.

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

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

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

16. PURCHASING PROCEDURE

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

17. QUALITY STANDARDS OF MATERIAL

If desired by the City, items/services bid shall be subjected to testing, dissection or analysis by a recognized testing laboratory or consultant selected by the City to determine that the material(s)/services(s) submitted for bid conform to the bid specifications. The cost of testing, dissection or analysis shall be borne by the bidder.

18. QUANTITY

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

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

19. 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.

20. 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.

21. THIRD PARTY BENEFICIARY

Nothing under the Contract Documents will be construed to give any rights or benefits in the Contract Documents to anyone other than the City and the Consultant, and all duties and

COS IFB Template responsibilities undertaken in accordance with the Contract Documents will be for the sole and exclusive benefit of the City and the Consultant and not for the benefit of any other party.

22. UNIT PRICING

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

SECTION 4 – REQUIRED FORMS

Offer/Acceptance Document (COS Form) - Fully completed Offer/Acceptance Form, signed in ink.

Proposal Signature Page (COS Form) - Fully completed Proposal Signature Form, signed in ink.

Wood Shavings Details Form (COS Form) - Fully completed Wood Shavings Details Form, signed in ink.

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.

References Form (COS Form) - Fully completed References Form, signed in ink.

Subcontractor List Form (COS Form) - Fully completed Subcontractor List Form, signed in ink.

Bidder Questionnaire – Company Information Form (COS Form) - Fully completed Bidder Questionnaire Form, signed in ink.

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.

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 # 26IFB052 SOLICITATION TITLE: WESTWORLD SHAVINGS

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 Offeror'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 Offeror 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 # 26IFB052 The contract consists of the following documents: 1) Solicitation # 26IFB052 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___

Jenn Myers, Purchasing Director, MPA, CPPO, NIGP-CPP, CPPB

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

PRICING PROPOSAL FORM – PAGE 1 of 1

Prices quoted shall be all inclusive and include all applicable invoice charges, including delivery (excluding Sales Tax) for the commodity being requested.

Quantities are only estimates for evaluation purposes and the City does not guarantee any order quantities.

WOOD SHAVINGS IN CLEAR BAG W/ WESTWORLD LOGO 1-COLOR PRINT & STD RETAIL LANGUAGE

ITEM DESCRIPTION BRAND TYPE OF WOOD QUANTITY

UNIT PRICE

PER CUBIC FOOT

EXCLUDING TAX

EXTENDED COST

EXCLUDING TAX

1 Wood Shavings 280,000 Cubic Feet Gross

Volume uncompressed $____________ $____________

2 One time print set-up charge for bags: $____________

TOTAL: $____________

If proposing more than one “Optional Product” use a separate Page Pricing Proposal Form for each.

OPTION PRODUCT: WOOD SHAVINGS IN BAGGED WITH MANUFACTURER’S LOGO

ITEM DESCRIPTION BRAND TYPE OF WOOD QUANTITY

UNIT PRICE

PER CUBIC FOOT

EXCLUDING TAX

EXTENDED COST

EXCLUDING TAX

O-1 Wood Shavings 93,000 Cubic Feet Gross

Volume uncompressed $____________ $____________

COS IFB Template

**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: 16601 North Pima Road, Scottsdale AZ., 85260

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

2. Delivery will be coordinated with Contract Administrator upon receipt of Purchase Order.

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

ADDENDA

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

NO BID: If no bid please state reason:

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

COMPANY NAME: ______________________________________

WOOD SHAVINGS DETAILS FORM

WOOD

SHAVINGS

ITEM # QUESTION

1 Standard bag compressed quantity is cubic feet.

(SHALL be at least 2.5 cubic feet)

2 Standard bag useable (uncompressed) quantity is cubic feet.

3 Standard bag normal moisture content is percent.

(SHALL be not less 10% and not more than 16%)

4 Minimum order quantity to get price quoted is bags.

5 Standard “Truck Load” quantity is bags.

Submitted sample(s) – wood shavings being proposed:

Submitted YES NO

The average time after receipt of order (A.R.O.) for the complete order to be delivered to WestWorld Equestrian Center will be days.

NOTE: FAILURE TO CONSISTENLY MEET THE QUOTED DELIVERY TIME ABOVE

MAY RESULT IN THE CONTRACT BEING TERMINATED.

Does the Offeror have the ability to provide the bag of shavings with the WestWorld logo imprinted on each bag? NOTE: Logo is already designed and will be provided in an EPS format.

YES

NO

If this service is available, please provide the pricing for this service (both set up costs and production costs) as an attachment in your proposal.

9 Wood Shavings are kiln dried: YES NO

Signature Title

Printed Name Date

COMPANY NAME: _____________________________________________

BIDDER GENERAL DISCLOSURE FORM

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?

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?

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

COMPANY NAME: _____________________________________________

BIDDER LITIGATION DISCLOSURE FORM

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?

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?

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?

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.

COMPANY NAME: ______________________________________________

REFERENCES

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

The following questions are asked to enable the evaluation team to assess the qualifications of Offerors 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

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:…