4-26RFP012 - WASTEWATER VULNERABILITY ASSESSMENT - FNL - 10.24.25.pdf

Last Update: 02/12/2025 COS RFP Template

ISSUING AGENCY – CITY OF SCOTTSDALE

FORMAL REQUEST FOR PROPOSAL

WATER & WASTEWATER VULNERABILITY ASSESSMENT & RELATED

SERVICES

26RFP012

CRITICAL DATES

PROPOSAL SUBMITTAL DUE: NOVEMBER 21, 2025 @ 2:00PM (LOCAL AZ TIME)

QUESTIONS DUE: NOVEMBER 13, 2025 @ 2:00PM LOCAL AZ TIME)

SUBMITTAL RECEIPT AND OPENING

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

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

LATE SUBMITTALS WILL NOT BE ACCEPTED The Purchasing office will conduct a remote/online

Microsoft Teams Live Event meeting for the public opening of the solicitation. To virtually attend this meeting, visit us online by clicking the following link 26RFP012

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

INFORMATION REQUESTS

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

Kathleen Shipman

Bid & Contract Analyst KShipman@Scottsdaleaz.gov

480-312-5716

Offerors 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 Offeror’s being disqualified from further consideration.

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/l/meetup-join/19%3ameeting_NWZmNGRmY2MtNmNlZi00Nzk2LTljNWUtZjhmZGJhNmZlNWEx%40thread.v2/0?context=%7B%22Tid%22%3A%2210aebc46-34e8-45ee-a5e2-5756f4df0996%22%2C%22Oid%22%3A%22ddafc256-5a15-4de5-89fa-e4431a04a3d1%22%2C%22IsBroadcastMeeting%22%3Atrue%2C%22role%22%3A%22a%22%7D&btype=a&role=a mailto:KShipman@Scottsdaleaz.gov

INSTRUCTIONS TO OFFEROR’S

GENERAL TERMS AND CONDITIONS

SCOTTSDALE CITY SERVICES CONTRACT

The Instructions to Offeror’s General Terms and Conditions and “Sample” Scottsdale City Services Contract for formal solicitations are listed as attachments A, B, and C as outlined below and shall be downloaded by prospective Offeror’s as part of the solicitation.

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

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

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

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

(RFP).

TABLE OF CONTENTS

SECTION 1 - INTRODUCTION

A. Intent B. Background

SECTION 2 – STATEMENT OF NEED

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

SECTION 3 – SPECIAL TERMS AND CONDITIONS

SECTION 4 – EVALUATION CRITERIA

A. Evaluation Criteria

SECTION 5 – SUBMITTAL PREPARATION REQUIREMENTS

SECTION 6 – REQUIRED FORMS

A. Proposal Signature Page Form B. Pricing Proposal Form C. Offeror’s General Disclosure Form D. Offeror’s Litigation Disclosure Form E. References Form F. Subcontractor List Form G. Offeror’s Questionnaire-Company Information Form H. Offeror’s Questionnaire-Similar/Relevant Projects Form I. Offeror’s Questionnaire Form – Service Information Form J. Offeror’s Equipment list Form

SECTION 7 – ATTACHMENTS

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

SECTION 1 - INTRODUCTION

A. INTENT

The City of Scottsdale is soliciting services for the Water Resources Division (WRD) which will include, but not be limited to, the following: updates to the current Water and Wastewater Vulnerability Assessments; employee training for Water Resource staff; updates to various Emergency Response Plans, Business Continuity Plans, Emergency Management Toolbox, Water Resources Security Manual and Incident Debriefing as required

B. BACKGROUND

WRD’s water and sewer service areas encompass approximately 185 square miles, which generally coincides within the City limits. The current population of the service area is estimated at 246,000 people (July 2024 estimate).

1. Water System

1.1 WRD currently serves approximately 92,000 active water accounts, of which 93% are residential accounts. Average daily water production is about 67.7 million gallons per day (mgd), with peak daily flow reaching up to 95 (mgd), WRD relies on a combination of both groundwater and surface water as the primary sources of drinking water.

1.2 The two most significant surface water sources are the Colorado River water delivered via the Central Arizona Project (CAP) canal, and the Salt/Verde River water delivered via the Salt River Project (SRP). The water is treated at the CAP and Chaparral Water Treatment Plants. WRD also operates a network of wells distributed throughout the service area.

1.3 The distribution system, made up of 18 primary Service Zones, is comprised of booster pump stations, pressure reducing valves, storage facilities, primary transmission line/corridors and distribution system pipelines. The water system’s transmission and distribution facilities consist of 2,000 miles of pipes and mains ranging in size from 6” to 42” in diameter. Public fire protection inside the water service area is provided with over 10,700 public fire hydrants.

2. Wastewater System

2.1 The wastewater system consists of five (5) pump back sites that gather and have the capability to pump 14 million gallons of collected wastewater to the Water Campus Wastewater Treatment Plant. The Water Campus has the ability to treat the wastewater for use for parks, medians and golf courses. Excess reclaimed water receives advanced treatment and is used to recharge ground water. The wastewater system also includes 35 small lift stations located throughout the City and approximately 31,500 manholes, 1,400 miles of sewer lines and 69,000 service connections.

2.2 Since the events of September 11, 2001, the City of Scottsdale Water Resources Department has viewed the security of its water and wastewater systems in a totally different light. After 9/11, citizens throughout the country, including the City of Scottsdale have the expectations that water and wastewater utilities are working with “due diligence” to secure their systems with adequate plans in place to provide a sufficient amount of potable water and the sanitary disposal in the event of a criminal or terrorist act including the ability to protect its customers from the illness or death that would result from a deliberately contaminated system.

3. Security and Emergency Management Program

3.1 In the last ten years, the Water Resources Division has continued to develop and implement comprehensive Security and Emergency Management Program measures. This is an on-going effort that has five (5) components:

a) Performing risk assessments.

b) Developing plans and documents related to security and emergency response.

c) Implementing risk mitigation measures.

d) Training staff.

e) Coordinating public outreach efforts.

3.2 The program has been a success over the last ten (10) years. The Contractor will primarily be responsible for assisting WRD with continuing the Program.

SECTION 2 – STATEMENT OF NEED

A. SPECIFICATIONS

Contractor(s) shall provide the following services.

1. Annual Services as follows

1.1 Update Security Vulnerability Assessment for Water System.

1.2 Develop Continuity of Operations (COOP) Plans for multiple hazards.

1.3 Provide annual reviews and updates of the Emergency Management Plans.

1.4 Provide annual reviews and updates of the Risk and Vulnerability Assessment.

1.5 Design and conduct refresher training for all WRD staff on Security

Awareness and Emergency Preparedness.

1.6 Design and conduct tabletop exercises for each division of WRD.

1.7 Design and conduct one (1) functional exercise for WRD.

1.8 Emergency Operations Center (EOC) members. Upgrade e-Emergency

Management Toolbox (eEMT) to include additional interactive features, training applications and communication tools.

1.9 Develop, present and monitor a full-scale Disaster Simulation Exercise.

1.10 Provide technical assistance to WRD for Security Risk Mitigation and

Disaster Preparedness on an as needed basis.

2. Annual Services are defined as follows:

2.1 Update Security Vulnerability Assessment for Water System

2.1.1 This effort shall include an evaluation of the existing security systems, threats to physical vulnerabilities and the criticality of City facilities through workshops and site inspections. The Contractor will ensure the City plans meet the AWWA J100-10 Risk and Resilience Management of Water and Wastewater Systems standard and/or AWIA Section 2013(a) and (b) criteria.

2.1.2 The effort will also include use of this information to quantify the risk posed to each facility and to recommend appropriate risk mitigation measures in a plan.

2.1.3 The Contractor awarded the project will be allowed to review the past vulnerability assessments and any subsequent reports for the water system.

2.1.4 For facilities that are identified as at risk of an attack resulting in the release of a “substance of concern” (such as gaseous chlorine), the risk mitigation plan should include an assessment of “methods to reduce the consequences of chemical release

COS RFP Template from an intentional act”, which is a review of “inherently safer technology” (IST) disinfection options.

2.1.5 The EPA approved software Vulnerability Self-Assessment Tool (VSATTM) latest version must be utilized and must include all of the City of Scottsdale water data and be provided to the City upon completion of the assessment.

2.1.5.1 The VSAT (Vulnerability Self-Assessment Tool)

application can be downloaded:

(https://www.epa.gov/waterriskassessment/conduct-drinking-water-or-wastewater-utility- risk-assessment) on the successful Contractor’s network and our data (answers to the questions) are kept there.

2.1.5.2 The assessment will address the following six (6)

elements required by the US Environmental Protection Agency (EPA) for preparation of vulnerability assessments:

2.1.5.2.1 The risk to the system from malevolent acts and

natural hazards.

2.1.5.2.2 The resilience of the pipes and constructed

conveyances, physical barriers, source water, water collection and intake, pretreatment, treatment, storage and distribution facilities, electronic, computer, or other automated systems (including the security of such systems) which are utilized by the system.

2.1.5.2.3 The monitoring practices of the system.

2.1.5.2.4 The financial infrastructure of the system.

2.1.5.2.5 The use, storage or handling of various chemicals

by the system.

2.1.5.2.6 The operation and maintenance of the system.

3. Develop Continuity of Operations (COOP) Plans for multiple hazards.

WRD currently has a Business Continuity Plan (BCP) that should be appropriately revised to include COOP components, emerging business hazards and business structures. The COOP Plan provides for timely recovery of mission critical business functions of WRD, when facing various business threats. The COOP Plan shall be compliant with the requirements of National Incident Management System (NIMS).

4. Provide annual reviews and updates of the Emergency Management Plans.

5. Provide annual reviews and updates of the Risk and Vulnerability Assessment.

https://www.epa.gov/waterriskassessment/conduct-drinking-water-or-wastewater-utility-risk-assessment https://www.epa.gov/waterriskassessment/conduct-drinking-water-or-wastewater-utility-risk-assessment https://www.epa.gov/waterriskassessment/conduct-drinking-water-or-wastewater-utility-risk-assessment https://www.epa.gov/waterriskassessment/conduct-drinking-water-or-wastewater-utility-risk-assessment

6. Design and conduct refresher training for all WRD staff on

Security Awareness and Emergency Preparedness.

The training will be conducted once/year in a classroom setting and will include four (4), two (2) hour sessions covering the same material. The training will cover concepts of incident command system (ICS), emergency operations center (EOC), crisis communications and other emergency management/response strategies from ERP/COOP plans.

6.1 Design and conduct tabletop exercises for each division of WRD.

6.2 Design and conduct one (1) functional exercise for WRD.

6.2 Design and conduct one (1) functional exercise for WRD-EOC members.

6.2.1 Conduct one four (4) hour maximum functional exercise

once per year for WRD EOC members.

6.2.2 The exercise may also include the participation of City’s emergency services (police, fire, emergency management) and other governmental agencies as deemed required. If required by WRD, these exercises shall conform to Homeland Security Exercise and Evaluation Program (HSEEP).

6.3 Facilitate debrief meeting at end of exercise and prepare After-Action report.

7. Design and conduct one (1) functional exercise for WRD Emergency

Operations Center (EOC) members.

7.1 Upgrade e-Emergency Management Toolbox (eEMT) to include

additional interactive features, training applications and communication tools.

7.2 The City of Scottsdale owns the eEMT and is used for the

displaying of documents associated with the risk management of the Water/ Wastewater in the City. The successful Contractor may be asked to modify these web pages with new links to the documents and for the City

8. Design and conduct a full-scale Disaster Simulation Exercise.

8.1 This one (1) day exercise will involve the participation of WRD staff (both EOC and field), City’s emergency services (police, fire, emergency management) and other governmental agencies as deemed required. This exercise shall conform to Homeland Security Exercise and Evaluation Program (HSEEP).

8.2 Facilitate debrief meeting and prepare an After-Action report.

9. Provide reviews and updates of the following WRD resources.

9.1 BCP/COOP Plans

9.2 Water and Wastewater Emergency Response Plans

COS RFP Template

9.3 Security Policies and Procedures Manual

9.4 E-Emergency Management Toolbox

10. Upgrade e-Emergency Management Toolbox.

10.1 WRD uses a server-based toolbox called e-Emergency

Management Toolbox to compile and display security and emergency preparedness documents and information. The toolbox should be upgraded to include additional interactive features, training applications and communication tools. The Contractor will be provided access for the Toolbox.

11. Provide technical assistance to WRD, on as-needed basis, relate to security risk mitigation and emergency preparedness.

11.1 Provide real-world incident debriefing. Facilitate meetings and prepare an After-Action Report (technical memo).

11.2 Develop standard operating procedures

11.3 Develop plans related to business resilience.

11.4 Assist with public outreach programs, including preparing flyers, bill inserts, newsletters and FAQs for web-posting.

Through actively engaging WRD staff in rendering the above-mentioned services, the Contractor shall strive to develop an organization-wide culture of security awareness and emergency preparedness.

The City of Scottsdale shall own all documents and data produced by the successful Contractor under the contract.

B. CONTRACTOR QUALIFICATIONS

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

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

3. It is preferred that the Contractor shall have been conducting business within the State of Arizona for a MINIMUM of five (5) consecutive years.

4. The Contractor shall maintain local service capabilities and provide in person representation when requested to warrant consideration for potential award of this Contract.

C. CONTRACTOR’S RESPONSIBILITIES

1. The Contractor is encouraged to read the Solicitation documents very carefully, as the City shall not be responsible for errors and omissions on

COS RFP Template the part of the Contractor. The Contractor is also encouraged to carefully review their final submittal documents, as the Evaluation Committee is not required to make interpretations or correct detected errors in calculations.

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

3. 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. The City reserves the right to request any copies of licensing, permits or certifications.

4. The Contractor may not subcontract any segment or services covered herein, without prior approval of the Contract Administrator. All subcontractors shall meet all requirements, terms and conditions of the solicitation. All subcontracted services shall be warranted by and be the responsibility of the Contractor.

D. CITY’S RESPONSIBILITIES

1. The Contract Administrator for the resulting contract shall be an assigned departmental designee.

SECTION 3 - SPECIAL TERMS AND CONDITIONS

1. ACCEPTANCE / AGREEMENT

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

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

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

2. ACCURACY OF WORK

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

3. ADDITIONAL LOCATIONS

The City of Scottsdale reserves the right to add or subtract to this Contract as the need arises due to changes in the amount and locations of buildings. In the event the City needs to add to this Contract, the pricing for any additions to services shall be applied per the applicable Contract unit costs. Any additions or subtractions to the Contract shall be done via a written amendment and be a MINIMUM of thirty (30) days prior to the changes taking effect.

4. BACKGROUND CHECK

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

5. CITY ASSURANCE

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

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

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

6. CITY OBSERVED HOLIDAYS

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

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

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

b. Martin Luther King Day 3rd Monday in January

c. President’s Day 3rd Monday in February

d. Memorial Day Last Monday in May

e. Juneteenth June 19th

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

g. Labor Day 1st Monday in September

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

i. Thanksgiving Day 4th Thursday in November

j. Day after Thanksgiving 4th Friday in November

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

7. COMPLETENESS AND ACCURACY

The Contractor will be responsible for the completeness and accuracy of work prepared by the Contractor 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 Contractor. The City’s acceptance of the Contractor’s work will not relieve the Contractor of any of its responsibilities. The professional standard to which the Contractor is held will be that of a similar Contractor as practiced in the State of Arizona.

8. CONTRACT ADMINISTRATION

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

9. CONTRACTOR’S EMPLOYEES’ IDENTIFICATION AND WORK APPAREL

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

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

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

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

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

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

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

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

Earplugs and/or safety glasses are exempt.

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

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

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

10. CONTRACTOR SUPERVISORS AND CREWS

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

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

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

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

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

• One (1) Vehicle capable of performing the required work as indicated by the Contract Administrator at the time of the service request.

• Additional crew members as required to complete the required work as indicated by the Contract Administrator at the time of the service request.

11. DELAYS AND EXTENSIONS

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

12. DELIVERY

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

13. FREIGHT

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

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

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

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

14. FUEL SURCHARGES

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

15. INSURANCE REQUIREMENTS

Insurance Representations and Requirements

General

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

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

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

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

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

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

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

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

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

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

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.

COS RFP Template

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.

Professional Liability If the Contract is the subject of any professional services or work, or if Contractor engages in any professional services or work adjunct or residual to performing the work under this Contract, Contractor must maintain Professional Liability Insurance covering errors and omissions arising out of the work or services performed by Contractor or anyone employed by Contractor or anyone for whose acts, mistakes, errors and omissions Contractor is legally liable, with a liability insurance limit of $1,000,000 each claim and $2,000,000 all claims.

Vehicle Liability

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

COS RFP Template requirements of this paragraph, such Excess insurance shall be “follow form” equal or broader in coverage scope then underlying insurance.

16. INVOICING

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

Itemized invoices shall contain a MINIMUM of the following information:

• Vendor Name

• Remit to Address

• Purchase Order Number

• Invoice Date

• Invoice Number

• Date service/work was completed

• Complete description of work completed

• Location where service/work was performed

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

• Tax Amount (if applicable)

• Total Invoice Amount

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

17. KEY PERSONNEL

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

18. 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.

19. 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.

COS RFP Template

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

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

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

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

Second Infraction – The second infraction in the same area or the same type of infraction shall result in a meeting with the Contractor. The second letter of non-compliance shall result in a deduction from the Contractor’s monthly bill per the Liquidated Damages clause 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

20. 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 Contractor.

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 Contractor 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 Contractor will not be liable for any losses or injuries arising out of that use.

21. PRICE ADJUSTMENTS

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

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

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

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

22. PRICING

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

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

All charges associated with this Contract MUST be shown on the Pricing Proposal Form returned by the Offeror or other supporting documentation. 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.

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.

23. 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.

24. 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.

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.

25. REVIEW OF CONTRACTOR’S WORK

Work performed by the Contractor shall be subject to periodic reviews and partial acceptance at various stages. The Department may make such reviews and pass upon the acceptability of Contractor’s work. Partial acceptance shall not relieve the Contractor of its obligation to correct, without charge, any errors in the work on this project.

26. 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.