4-26IFB037 - Electrical Lighting Parts.pdf

Last Update: 02/12/2025 COS IFB Template

ISSUING AGENCY – CITY OF SCOTTSDALE

FORMAL INVITATION FOR BID

ELECTRICAL LIGHTING PARTS

IFB-26IFB037

CRITICAL DATES

PROPOSAL SUBMITTAL DUE: February 26, 2026, 2:00 P.M. Local Time QUESTIONS DUE: February 17, 2026, 2:00 P.M. Local Time

SUBMITTAL RECEIPT AND OPENING

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

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

LATE SUBMITTALS WILL NOT BE ACCEPTED The Purchasing office will conduct a remote/online Microsoft Teams meeting for the public opening of the solicitation. To virtually attend this meeting, visit us online by clicking the following link 26IFB037 - ELECTRICAL LIGHTING PARTS.

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:

Josh Dukelow Buyer

JDukelow@scottsdaleaz.gov 480-312-5715

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 https://scottsdaleaz.bonfirehub.com/portal/?tab=login mailto:support@gobonfire.com https://scottsdaleaz.bonfirehub.com/portal/?tab=login https://scottsdaleaz.bonfirehub.com/portal/?tab=login https://teams.microsoft.com/meet/21861854884514?p=P9zj12UddIGZ8n8K0M mailto:JDukelow@scottsdaleaz.gov

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. SUMMARY PRICE SHEET QUOTATION FORM/PARTS CATALOG DISCOUNT FORM

D. Bidder General Disclosure Form E. Bidder Litigation Disclosure Form F. References G. Bidder Questionnaire-Company Information

SECTION 5 – ATTACHMENTS

A. Instructions to Bidders B. General Terms and Conditions C. Excel Pricing Proposal Form

SECTION 1 - INTRODUCTION

A. INTENT

1. The City of Scottsdale Facilities Department invites sealed submittals for the purchase of electrical parts, supplies, and equipment for the repair, replacement, and installation of lighting throughout City facilities. This solicitation is for the purchase of parts, supplies, and equipment and does not include services such as those provided by licensed electrical contractors.

2. Bidder shall familiarize themselves with the nature and extend of the solicitation and contract documents, products to be purchased, all local conditions, federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost or the delivery of the required product(s).

3. 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.

4. The Contract shall be awarded to the lowest responsible and responsive Bidder whose bid conforms in all material respects to the requirements and criteria set forth in the Invitation for Bids.

The City reserves the right to award by individual line item, by group of line items, or as a total, whichever is deemed most advantageous to the City.

B. BACKGROUND

1. Located in the beautiful Sonoran Desert, Scottsdale, Arizona is bordered by Phoenix to the west and the McDowell Mountains on the east. Scottsdale is annually rated among the nation’s most desirable communities to live in, visit and do business in. Scottsdale’s vibrant Old Town is considered the finest urban center in Arizona. It is home to more than 90 restaurants, 320 retail shops and more than 80 art galleries. Scottsdale’s McDowell Sonoran Preserve, in the city’s northern reaches, is the largest urban wilderness area in the United States and features more than 60 miles of trails through diverse and scenic desert terrain.

2. Scottsdale Facts

• County: Maricopa

• Incorporated: 1951

• Slogan: "The West's Most Western Town"

• Population: 244,394 (July 2023 estimate)

SECTION 2 – STATEMENT OF NEED

A. SPECIFICATIONS

1. The City of Scottsdale Facilities Department has a need to contract for the purchase of electrical parts, supplies, and equipment for the repair, replacement, and installation of lighting.

2. The Facilities Department is tasked with the maintenance of the City’s facilities and requires a reliable supply chain of maintenance parts and supplies to be provided on time, with quality, and at economical costs. The successful Bidder(s) shall provide all necessary supervision, labor, transportation, materials, and resources needed to provide electrical parts, supplies, and equipment for the repair, replacement, and installation of lighting.

3. All products supplied by the Contractor shall be of commercial grade, new and genuine and meet all federal, state, and local standards for quality and safety.

4. Brand Name or Equal: Specific brand names or types have been used to describe products in this Solicitation. The use of a brand name is for the purpose of describing the standard of quality, performance, and characteristics desired and is not intended to limit or restrict competition.

5. Discount Pricing: As it is not feasible to list every product needed in the City’s day-to-day operations the PRICING PROPOSAL FORM contained herein provides a short list of high usage parts for the purpose of bid analysis. Therefore, all non-listed products shall be priced as a percentage discount applied against a Manufacturer’s price list (e.g., twenty-five percent (25%) off of list price). The discount structure quoted by the Bidder shall be applicable during the entire term of the Contract including all applicable extensions.

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

A. CONTRACTOR QUALIFICATIONS

1. Bidder shall have been conducting business providing similar products as requested in the solicitation for a MINIMUM of three (3) consecutive years.

2. The Bidder SHALL have and maintain a Local Presence,. This presence must include a storefront in the Scottsdale/Phoenix metropolitan area where technicians can obtain parts, materials, and supplies as needed, and with personnel who have the ability to assist with supply related issues that may arise.

3. Bidder shall be a manufacturer, or an authorized dealer of the products being bid in response to this solicitation.

4. The Contractor shall be in compliance with all applicable Federal, State, Local, ANSI, and O.S.H.A. laws, rules, and regulations and all other applicable regulations for the term of this contract.

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5. The Contractor may not subcontract any segment or services covered herein, without prior approval of the Contract Administrator. All subcontracted services shall be warranted by and be the responsibility of the Contractor.

B. CONTRACTOR’S RESPONSIBILITIES

1. WARRANTY

All materials provided under the scope of this Contract shall be warranted by the most favorable commercial warranties the Contractor gives any customer for such goods and that the rights and remedies provided therein are in addition to and do not limit those available to the City by any other clause of this Contract. ALL WARRANTIES SHALL START FROM DATE OF DELIVERY TO THE CITY OF SCOTTSDALE. All warranty items/issues/concerns shall be resolved at no charge to the City of Scottsdale. This shall include, but not be limited to, parts, labor, freight, travel, etc. All warranty items/issues/concerns shall be resolved within a time frame determined by the Contract Administrator. The Contractor shall warranty all equipment, products, or services provided by a subcontractor just as if supplied directly by the Contractor.

2. PRODUCT DELIVERY

2.1 Contract pricing shall be F.O.B. Destination to the delivery address identified below. The

Contractor shall have in place a delivery service that is capable of making deliveries to the City of Scottsdale Warehouse, between the hours of 7:00 AM and 2:00 PM, Monday through Friday (excluding holidays). All pricing shall be firm, fixed and inclusive of all freight, delivery and all other costs incidental to the products purchased. Contractor shall retain title and control of all goods until they are delivered, received and contract coverage has been completed. All risk of transportation and all related changes shall be the responsibility of the Contractor. All claims for visible and concealed damage shall be filed by the Contractor. The City will notify the Contractor promptly of any damaged goods and shall assist the Contractor in arranging for inspection.

DELIVERY ADDRESS:

City of Scottsdale ATTN: Warehouse 9191 E. San Salvador Drive Scottsdale, AZ 85258

2.2 Packing Slip(s) Each shipment shall include a packing slip showing the Purchase Order

No., Item # and description, Price, and the Quantity shipped. Safety Data Sheets, if applicable, must accompany all orders at the time of delivery.

2.3 The City does not authorize Shipping, Handling, Fuel Charges or any other miscellaneous charge.

3. PRODUCT CONCERNS

3.1 In the event that a product is discontinued by a manufacturer, written notice shall be submitted to the City within ten (10) business days of notification from manufacturer. A formal announcement or documentation from the manufacturer shall accompany the written notice to the City. The City at its sole discretion may allow the Vendor to provide replacements for the discontinued product(s) or allow the deletion of such product from the contract. Approval shall be in form of a Contract Change Order.

3.2 Replacement Products Documentation describing any replacement products providing clear evidence that the proposed replacement product meets or exceeds the specification of the discontinued product, SDS sheets, and product for testing, if required by the Contract Administrator. Documentation confirming that the price for the

COS IFB Template replacement product is equivalent or less than the discontinued item. The city will be the sole approver in determining if the replacement product is acceptable.

3.3 Defective Products All defective products shall be replaced and exchanged by the contractor. The cost of transportation, unpacking, inspection, re-shipping or other like expenses shall be borne by the contractor. All replacement products must be received by the City within thirty (30) days of initial notification or as mutually agreed upon by the Contract Administrator and the Contractor.

3.4 Recall Notices In the event of any recall notice, technical service bulletin, or other important notification affecting a product offered under this contract, a notice shall be sent to the Contract Administrator. Each notice shall reference the affected purchase order and product being recalled.

C. CITY’S RESPONSIBILITIES

1. The Contract Administrator for the resulting contract shall be the Facilities Supervisor or designee.

SECTION 3 - SPECIAL TERMS AND CONDITIONS

1. ACCEPTANCE / AGREEMENT

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

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

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

2. ACCOUNT SERVICE SCHEDULE

The Contractor shall be required to visit the City of Scottsdale Fleet Maintenance Facility (located at 9191 E. San Salvador Dr., Scottsdale, AZ 85258), a MINIMUM of once every month. During these visits, the Contractor shall be required to check that all the catalogs covered by the scope of this bid are current and in good serviceable condition. The Contractor shall also see the Contract Administrator or designee, and make sure all returns are taken care of and shall address any other problems or questions that may have arisen during the period preceding the current visit.

3. 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 correction of any errors and the clarification of any ambiguities.

4. 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.

5. BACKGROUND CHECK

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

6. CATALOGS

The Contractor shall provide electronic catalogs (including cross-referencing capabilities) at no cost to the City of Scottsdale. Such service shall be in place within two (2) weeks of Contract award. Electronic catalogs that have time limits or restrictions on the number of users shall not be acceptable. Electronic catalogs that require proprietary software be loaded on City computers in order to make the catalogs functional, will not be accepted.

If electronic catalogs are not available, successful vendor must supply one or more hardcopy catalogs to the Contract Administrator within two (2) weeks of Contract award. The Contractor will be required to put the City of Scottsdale on a Catalog Update List, which will insure that the City of Scottsdale receives a MINIMUM of one (1) copy of all new catalogs, updates, cross-references, etc. as soon as they become available. The City of Scottsdale shall receive any additional copies of catalogs, updates, cross-references, etc., that might be requested at no additional charge.

7. 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.

8. CITY OBSERVED HOLIDAYS

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

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

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

b. Martin Luther King Day 3rd Monday in January

c. President’s Day 3rd Monday in February

d. Memorial Day Last Monday in May

e. Juneteenth June 19th

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

g. Labor Day 1st Monday in September

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

i. Thanksgiving Day 4th Thursday in November

j. Day after Thanksgiving 4th Friday in November

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

9. COMPLETENESS AND ACCURACY

The Consultant will be responsible for the completeness and accuracy of work prepared by the Consultant and will correct, at its expense, all errors or omissions which may be disclosed. The cost to correct those errors will be chargeable to the Consultant. Additional construction added to the project will not be the responsibility of the Consultant unless the need for additional

COS IFB Template construction was created by any error, omission, or negligent act of the Consultant. The City’s acceptance of the Consultant’s work will not relieve the Consultant of any of its responsibilities.

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

10. 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.

11. CONTRACTOR’S EMPLOYEES’ IDENTIFICATION AND WORK APPAREL

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

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

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

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

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

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

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

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

Earplugs and/or safety glasses are exempt.

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

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

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

12. CONTRACTOR SUPERVISORS AND CREWS

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

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

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

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

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

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

Administrator at the time of the service request.

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

Contract Administrator at the time of the service request.

13. 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.

14. DELIVERY

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

The Contractor shall have in place a delivery service that is capable of making deliveries to the Fleet Management Facility a MINIMUM of four (4) times per day, between the hours of 7:00 AM and 6:00 PM, Monday through Friday (excluding holidays).

15. DESCRIPTIVE LITERATURE

All Offerors shall submit manufacturers' descriptive literature regarding the equipment they propose to furnish. Literature shall be sufficient in detail in order to allow full and fair evaluation of the offer submitted.

The Department may, at its discretion, require demonstration of the equipment/material as part of the bid evaluation process. The bidder at no cost shall provide the equipment/material to the Department for a period of time deemed sufficient to properly evaluate the product. The exact period of time and the conditions and terms of the evaluation shall be established when it is determined that a demonstration is required.

16. 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.

17. FUEL SURCHARGES

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

18. 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. 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

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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, 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.

19. 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.

20. KEY PERSONNEL

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

21. MULTIPLE AWARDS

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

22. 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

COS IFB Template 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. 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

23. ORDER FILL RATE

The Contractor shall maintain a delivered average order fill rate as follows:

• A MINIMUM percentage of orders shall be filled and delivered within two (2) hours after receipt of order by the Contractor during normal business hours if identified in the Statement of Need.

• A MINIMUM percentage of orders shall be filled and delivered within twenty-four (24) hours after receipt of order by the Contractor if identified in the Statement of Need.

Failure to consistently maintain Order Fill Rates as indicated above, may result in Contract termination.

COS IFB Template

The Contractor shall immediately notify the Contract Administrator anytime the above average performance standards will not be met.

24. OWNERSHIP OF PROJECT DOCUMENTS

All documents, including but not limited to notes, records, data compilations, studies, and reports in any format, including but not limited to, written or electronic media, prepared in the performance of this Contract will remain the property of the City and must be delivered to the Contract Administrator before final payment is made to the Consultant.

When the work detail covers only the preparation of preliminary reports or documents, there will be no limitations upon the City concerning use of the ideas or recommendations in the reports or documents. The City will release the Consultant from any liability for the preparation and use of preliminary reports or documents.

Any use of the project documents for purposes other than intended under this Contract will be at the sole risk of the City, and the Consultant will not be liable for any losses or injuries arising out of that use.

25. 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).

26. 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.

27. 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.

Pricing shall be calculated as a percentage discount applied against a Manufacturer’s price list (e.g., twenty-five percent (25%) off of list price, fifteen percent (15%) off of jobber price, etc.). The discount structure quoted by the Offeror shall be applicable during the entire term of the Contract including all applicable extensions. The prices listed on the Pricing Proposal Form MUST reflect the pricing discount structure listed on the Pricing Structure Quotation contained in this solicitation.

A change in pricing may only be requested by the Contractor, thirty (30) days prior to the annual anniversary date of the Contract. The ONLY allowable change in pricing shall be an update of the Manufacturer’s price sheet. The price sheet structure MUST remain the same (i.e. If the Contractor originally quoted Jobber Price less fifteen percent (15%) and submitted the Manufacturer’s Jobber Price Sheet, at the anniversary date of the Contract the ONLY change the Contractor can make in regard to pricing is to replace the old Jobber Price Sheet with a current Jobber Price Sheet). No change to the discount percentage shall be allowed. Price sheets can only be updated thirty (30) days prior to the annual anniversary date of the Contract. Failure to request a price sheet change in the timeframe specified herein may result in the denial of any increase requested.

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

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.

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

The Offeror is strongly encouraged to offer additional pricing for related items, products and services, which are not specifically addressed as line items in this solicitation but are directly related to the items and products requested by the City herein and offered by the Offeror.

Additional items, products and services proposed pricing should be noted on the Pricing Proposal Form or a separate attachment to Offeror’s submittal document.

28. 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.

All shipments from the Contractor shall contain a priced packing slip or invoice. Shipments will be checked in by City Staff only. All priced packing slips must match the final invoice sent to the City of Scottsdale’s Accounts Payable department.

29. 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.

30. QUANTITY

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

COS IFB Template

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.

All inventory items listed herein are indicative to the types and sizes currently utilized by the City of Scottsdale. The list is not to be construed as the complete inventory utilized by the City of Scottsdale and is not to be construed as requiring the City of Scottsdale to purchase any specific items or quantities. The list of items and quantities as stated on the Pricing Proposal Form are furnished to aid the Bidder in internal planning and as a basis of award.

As the needs of the City of Scottsdale change, it may be necessary to return parts, which were purchased under the scope of this Contract and are regularly stocked items by the Contractor.

The City of Scottsdale will not authorize payment for any restocking charges or allow time limitation restraints for parts returned for credit during the term of this Contract, providing said parts were purchased during the contract period from the Contractor. Credit memos are to be issued for such returns.

31. SUBSTANCE ABUSE SCREENING & BACKGROUND CHECK REQUIREMENTS

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

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

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

• Substance Abuse Screening

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

• Criminal Background Investigation

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

Following Contractor award, the Contractor shall provide the Contract Administrator with a list of the “routine” contract assigned employees and include their Legal Name (First/Last), Date of Birth and Social Security Number.