4-26RFP026 CITYWIDE LANDSCAPE LABOR SERVICES Solicitation.pdf

Last Update: 02/12/2025 COS RFP Template

ISSUING AGENCY – CITY OF SCOTTSDALE

FORMAL REQUEST FOR PROPOSAL

CITYWIDE LANDSCAPE LABOR SERVICES

26RFP026

CRITICAL DATES

PROPOSAL SUBMITTAL DUE: 2:00PM LOCAL TIME - NOVEMBER 19, 2025

QUESTIONS DUE: 2:00PM LOCAL TIME - NOVEMBER 10, 2025

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 PUBLIC BID OPENING CITYWIDE LANDSCAPE LABOR SERVICES | Meeting-Join | Microsoft Teams.

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:

Eveline Vanda Purchasing Manager evanda@scottsdaleaz.gov 480-312-5719

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

https://scottsdaleaz.bonfirehub.com/portal/?tab=login mailto:support@gobonfire.com https://scottsdaleaz.bonfirehub.com/portal/?tab=login https://scottsdaleaz.bonfirehub.com/portal/?tab=login https://teams.microsoft.com/meet/2128722692443?p=zvg7dGCGDw1wBOCDUD https://teams.microsoft.com/meet/2128722692443?p=zvg7dGCGDw1wBOCDUD

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INSTRUCTIONS TO BIDDERS AND

GENERAL TERMS AND CONDITIONS

The Instructions to Bidders and General Terms and Conditions for formal solicitations, are listed as attachments A and B as outlined below and shall be downloaded by prospective Bidders as part of the solicitation.

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

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

TABLE OF CONTENTS

SECTION 1 - INTRODUCTION

A. Intent B. Background

SECTION 2 – STATEMENT OF NEED

A. Scope of Work B. Communication C. Equipment D. Vehicles – Traffic Control E. Special Requirements F. Failure to Perform G. Site Clean-Up H. Protection of Property I. Damage to the Property J. Protection of Overhead Utilities K. Contractors Minimum Qualifications L. Contractors Responsibilities M. 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 B. Pricing Proposal Form C. Bidder General Disclosure Form D. Bidder Litigation Disclosure Form E. References F. Subcontractor List G. Bidder Questionnaire-Service Information H. Bidder Questionnaire-Company Information I. Bidder Questionnaire-Equipment List J. Bidder Questionnaire-Similar/Relevant Projects

SECTION 7 – ATTACHMENTS

A. Instructions to Bidders B. General Terms and Conditions C. Sample City Services Contract

SECTION 8 – EXHIBITS

A. Sample Quote Forms

SECTION 1 - INTRODUCTION

A. INTENT

1. The City of Scottsdale desires to award multiple contracts to qualified companies to provide as needed landscape services throughout city parks. Selected companies will perform small and large landscape or labor projects as needed in city parks, streets, and rights of ways.

2. The successful Contractors shall furnish all labor, tools, specialized equipment, material, supplies, supervision and transportation to perform labor services as specifically outlined and as directed by a Department Liaison or Contractor Administrator.

3. The Offeror is encouraged to read the Solicitation documents very carefully. The City shall not be responsible for errors and omissions on the part of the Offeror. The Offeror is also encouraged to carefully review their final submittal documents.

B. BACKGROUND

The City of Scottsdale is conducting a competitive process to retain multiple contractors to provide various Citywide Landscape Labor Services. The City of Scottsdale has spent an average of $350,000 dollars annually for individual landscape labor projects. The individual projects assigned under the contracts will average $5,000-$15,000 per project.

Individual projects will be awarded based upon consideration of the firm’s ability to start and complete the work expeditiously and the proposed cost. The City intends to request price and schedule proposals from all contracted firms for each individual project. However, when quoting individual projects is impracticable, the City reserves the right to award projects as it deems to be in the best interest of the City. Projects will be assigned to Contractors on an as-needed basis and will range in complexity. There will be a mix of small and large projects, but there is no assurance that the average project will be either small or large.

SECTION 2 – STATEMENT OF NEED

A. SCOPE OF WORK

The lists below are commonly used general landscape labor services, irrigation work, and mitigation of non-native species; however, this list is not all inclusive. Offerors can submit proposals to provide any or all of the following:

1. LOT A - GENERAL LABOR SERVICES

As needed services for privately owned residential properties, City parks, preserve, rights of ways and streets:

• Cleanups, landscape improvements

• Installation of mulches. (E.g.: organics, granite, river rock, landscape pavers, bricks, etc.)

• General grading work either by hand or tractor (rental allowed).

• Pulling and/or hoeing weeds.

• Raking areas for debris and grooming.

• Pruning shrubs and minor tree pruning as directed.

• Planting flowers, shrubs, or trees. Trees up to 36” boxes by hand work only.

• Tree and palm tree pruning

• Miscellaneous herbicides work as requested. (Contractor supplies herbicide)

2. LOT B- GENERAL IRRIGATION SERVICE

This Scope of Work outlines the requirements for providing general as needed irrigation maintenance, repair, and system optimization services for the City of Scottsdale’s properties, including parks, sports fields, Medians and Rights of Way.

The contractor is responsible for supplying all materials and equipment necessary to perform the services outlined in this SOW. All materials and repairs must adhere to the City of Scottsdale’s Standards and Specifications. Work must be approved by the Park Supervisor and the Irrigation Systems Supervisor. Duties can include, but not be limited to the following:

• Perform routine irrigation repairs to irrigation piping, irrigation valves, drip systems, wires and sprinklers.

• Perform the installation of new valves, piping, wiring, backflows, valve boxes, drip systems, turf systems and irrigation controllers.

• Perform trenching work for electrical or irrigation projects.

• Perform modification work to irrigation systems for turf conversions or xeriscape projects.

• Perform landscape lighting installation and repair.

• Sets up programming according to the requirements of the plant material.

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3. LOT C - MISCELLANEOUS HERBICIDE WORK

As needed services for City parks, preserves, rights of ways and streets can include the following:

• Control of noxious and invasive plant species will be required on an as needed basis throughout city facilities, parks, preserve, and/or residential properties as deemed by the City.

• Contractors shall provide proof of current Pesticide Licensing and Applicator Certification issued by Arizona Department of Agriculture.

• It is the Contractor’s responsibility to ensure the safe handling, application, removal and environmentally sound disposal of all hazardous or potentially hazardous fertilizers, and weed killers utilized under this contract.

4. LOT D - STORM DAMAGE CLEAN UP

As needed services for City parks, preserve, rights of ways and streets:

• The contractor shall be required to remove all debris associated with these functions. If not specifically called out in the project for request all debris shall be removed from City of Scottsdale property.

• Work shall be performed per a schedule established by Parks and Recreation staff and contained in the contract price form. The contractor’s employees shall adjust their work schedule accordingly.

5. LOT E - PRESSURE WASHING

The City of Scottsdale requires a contract to provide removal of oils, greases, gums, paint, graffiti, dirt, solids, liquids, trash/litter, weeds and plant and tree debris, etc., from city sites, including pavers, concrete surfaces, colored sidewalks, bus shelters, benches, trash cans and bicycle racks, etc.:

• The bulk of the pressure washing shall be performed between the hours of 10:00 p.m.

and 6:00 a.m. Monday - Sunday, as needed/requested by the Contract Administrator or designee.

• No special hookups to irrigation systems, fire sprinkler systems, or fire hydrant is offered.

• The Contractor shall furnish all labor, materials, and equipment necessary for the completion of the scope of work described herein.

• Utilize full wastewater recovery systems for gray water during this contract.

• Utilize commercial grade pressure washers rated at a minimum of 3000 psi with 200-degree water.

• Provide rotary surface commercial grade cleaning equipment rated for various services.

• The Contractor shall maintain a clean work site during the execution of this contract.

• The Contractor shall be responsible for all costs associated with the collection and disposal of all gray water.

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

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B. COMMUNICATION

1. The successful Contractor(s) will provide the Contract Administrator reasonable access to the contractor by furnishing: phone numbers, cellular phone numbers, and business addresses throughout the life of the contract.

2. The Contractor shall provide the City with a primary point of contact, preferably a

Supervisor with a cellular phone which shall be accessible by City of Scottsdale staff whenever your company is working on City of Scottsdale property. The City prefers local phone numbers.

3. The Contractor shall have and maintain an e-mail capability sufficient to handle the work capacity covered by this contract and must be able to receive work requests and other contract related communications via email on a twenty-four (24) hour a day basis.

E-mail establishes a written record and shall be the primary form of communication.

4. The Contractor’s Supervisor shall be literate in the English language. This is a necessary tool due to the following reasons, which include but are not limited to:

Verbal warnings of emergencies and hazards around the working area.

Preparation of reports and Email as specified or requested.

Communication with City of Scottsdale personnel and citizens.

C. EQUIPMENT

1. Lack of equipment or labor may be grounds for a contractor to lose out on future projects and/or removal from this contract if a pattern of non-compliance develops.

2. All equipment necessary to successfully execute a project from start through acceptance shall be the sole responsibility of the contractor to provide.

3. Renting or leasing equipment will be the sole responsibility of the contractor and should be factored into their bids for any particular request.

4. All equipment shall be approved by the Contract Administrator at all times during the life of this contract. Any equipment not meeting industry standards shall be removed by the Contractor immediately. A decision of this type is not appealable and shall be carried out immediately. This will not alleviate the contractor of responsibility of providing scheduled service.

D. VEHICLES, TRAFFIC CONTROL

1. Contractor shall use trucks and vehicles licensed for use on public streets and licensed in the State of Arizona. Vehicle signage shall be a minimum of 2” and appear on both sides of the vehicle and where appropriate the rear of the vehicle.

2. City of Phoenix Barricading Manual is used by City of Scottsdale for any work requiring work in City of Scottsdale Street medians or adjacent rights of way.

3. The Contractor shall not park on any sidewalk or impede any pedestrian rights of way unless a variance has been issued by the Contract Administrator.

4. Driving street vehicles on turf areas is strictly prohibited unless written permission has been issued by the Contract Administrator. [Ruts deemed the responsibility of the Contractor to repair shall include (1) sod cutting 12” on all sides of the rut (2) backfill & compaction to ¾” of final grade, (3) hybrid sod purchased by the Contractor and laid to final grade (4) acceptance of Contracts Administrator. Sole cost of Contractor].

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5. The City of Scottsdale shall be responsible for any necessary traffic barricades. The Contractor shall not modify any traffic control placed by the barricade Company.

E. SPECIAL REQUIREMENTS

1. Awarded companies shall subscribe to the Maricopa County Air Quality website.

2. When High Pollution Days (Ozone or Pollutants) are published by Maricopa County the following day is a ‘non work’ day. Any work scheduled on ‘HPD’ will fall to the next workday.

High Pollution Days will not reflect negatively on the contractor and will add additional days to the finish date of any project currently in progress.

Failure to follow this protocol may result in non-payment for violating the Air Quality Act https://www.maricopa.gov/1950/Rules-and-Planning

F. FAILURE TO PERFORM

1. Throughout the life of this Contract every effort will be made to maintain effective communication between the Contractor and City of Scottsdale staff.

2. Phone calls and email will alert the Contractor to minimal violations.

3. Persistent negligence will be dealt with in a formal setting. Failure of the contractor to perform services as stated in the scope of work in the timeline established may result in the Contract Administrator pursuing applicable payment deductions from invoices, payment of invoices being held until compliance is accomplished, and possibly the removal from this contract.

G. SITE CLEAN UP

The Contractor shall clean up the site and remove and dispose of all debris at the end of each day's operation. Site cleanup shall include removal of sawdust, stump grinding to two (2”) below grade where applicable, small twigs, chips, leaves, trunks and limbs from the street, curb, parkway, sidewalk, private lawns and driveways with appropriate tools for the job. The site shall be returned to the same state it existed in prior to the removal. Stump grinding unless specifically called out in the bid document shall be part of this contract without extra charges.

H. PROTECTION OF PROPERTY

The Contractor shall take all necessary precautions to eliminate damage to adjacent trees and shrubs, lawns, curbs, walks, or other real or personal property. Vegetation surrounding a tree marked for removal/pruning shall be disturbed as little as possible.

I. DAMAGE TO THE PROPERTY

1. Any damage to City owned property as the result of the Contractor's operations shall be the responsibility of the Contractor to reconcile with the City of Scottsdale, Risk Management department. Should the damage not be rectified within the time agreed upon or to the satisfaction of the City, the City reserves the right to replace that which was damaged and assess the Contractor such costs related to damage caused by the Contractor, and deduct these costs from any payment due the Contractor.

2. Damages to private property shall be between the Contractor and the injured party.

3. The Contractor shall inform the Contract Administrator of any damage caused by the

Contractor's operation on the day such damage occurs.

4. Irrigation heads, valve boxes, and other hardscape items will be the responsibility of City of

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Scottsdale staff to mark, and the Contractor will not be held liable for damage if they follow the detailed instructions as given by City of Scottsdale staff.

J. PROTECTION OF OVERHEAD UTILITIES

The Contractor shall make arrangement with the utility for removal of all necessary limbs, and branches that may conflict with or create a hazard in conducting the operations of this Contract.

K. CONTRACTORS MINIMUM QUALIFICATIONS

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

2. The Contractor, without additional expense to the City, shall be responsible for obtaining and maintaining any necessary licenses and permits required in connection with the completion of the required services herein. In order to be considered for further evaluation, your submittal must include a copy of the following current licenses:

Business License issued by the Arizona State Registrar License issued by the Office of Pest Management CATEGORY 1, 2, 3, 4, 6,7; as it relates to the specific work the Contractor will propose on.

3. It is preferred the successful Contractor should have been conducting business specifically for the services as requested in this solicitation, within the Phoenix/Scottsdale Metropolitan area for a MINIMUM of five (5) consecutive years.

4. The Contractor MUST have and maintain full time Company representation located in the

Phoenix, Arizona metropolitan area, with the ability and authority to address all Contract issues that may develop.

5. Contractor shall have been providing similar services and should have extensive background in working on public facilities and on streets in the presence of barricades.

L. CONTRACTOR’S RESPONSIBILITIES

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

All labor necessary to meet the performance expectations described in this contract in the timeline stated, shall be the sole responsibility of the Contractor to provide.

2. Contractor will provide all necessary and proper supervision and labor; tools; industry standard grade equipment; safety equipment, and vehicles to complete all services of the contract.

3. Work will be performed at times designated by the Contract Administrator or designee and at times that will not interfere with other City activities within the facility.

4. Contractor shall perform all services/work in accordance with the schedule established by the

Parks and Recreation staff and contained in the contract pricing form on each specific project.

The Contractor’s employees shall adjust their work schedule accordingly.

5. The successful contractors should have an extensive background in working on public facilities and on streets in the presence of barricades.

6. Projects impacting pedestrian traffic and motor vehicle traffic shall be scheduled to avoid as much disruption as possible. This may include Saturday, Sunday, and scheduled night work.

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The bid entered by the successful contractor shall cover this contingency as directed by the Contract Administrator.

7. Contractor shall provide a roster of his employees working for each project that they are awarded. Contractor to provide employees who uphold the image of professionalism while they are working on City of Scottsdale property. These employees shall be competent and qualified to perform their duties as professional landscapers and licensed applicators.

For projects that requires the contractor to treat areas of the preserve, rights of ways, or any park facility, chemical logs must be provided to the Contract Administrator 24 hours after treatment for auditing purposes. This is a mandatory requirement by the Pest Management Division.

8. Each employee shall be issued a permanent nametag which shall include the name of the employee, picture of the employee, the contractor’s company name, and applicable logo.

Employee will wear the nametag in plain view on their person at all times while performing the work of the contract. Contractor’s employees will wear conservative style uniform shirts that will have sewn on or embossed identification labels of the Contractors company name, and/or, logo, and will appear on the front area of the shirt near chest height of the shirt.

9. Contractor Supervisor, maintenance crews, and equipment shall be dedicated to this contract on the workdays scheduled without exception. The Supervisor assigned to this contract shall have full authority to act on your behalf in making operational decisions in the field as directed by City of Scottsdale Contract Coordinator. Your supervisor will be assessed by the Contract Administrator for their effectiveness interacting with personnel issues, City staff, citizens, and ability to maintain a written schedule.

10. At the request of the Contract Administrator the Supervisor assigned to this contract will be changed by the Company within three (3) working days. This action will be precipitated by unacceptable communication skills, inability to return phone calls, E-mails, inability to work with a schedule, or the inability to work with City of Scottsdale Park staff. The decision to do this will be solely at the discretion of the Contract Administrator and this decision will be final.

11. Contractor shall provide sufficient staff to each area of this contract to guarantee work is done on schedule within the times dictated per each site.

12. No open radios will be permitted while performing services of the contract. Personal radios with headphones will not be permitted.

13. When using power equipment, the Contractor shall be solely and completely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with work. The Contractor shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent injury to, all employees on the work site and other persons including but not limited to, the general public and City employees.

14. Successful contractors should have a dedicated e-mail for receiving requests for projects. In the event the contractor does not have e-mail capability, a fax number may be provided. The City of Scottsdale will make every effort to ensure emails and/or faxes are sent complete but takes no responsibility for contractor’s faulty e-mail or fax machine.

M. CITY’S RESPONSIBLITIES

The Contract Administrator for the resulting contract shall be the Parks and Recreation, 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. 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.

3. CITY ASSURANCE

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

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

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

4. CITY OBSERVED HOLIDAYS

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

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

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

b. Martin Luther King Day 3rd Monday in January

c. President’s Day 3rd Monday in February

d. Memorial Day Last Monday in May

e. Juneteenth June 19th

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

g. Labor Day 1st Monday in September

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

i. Thanksgiving Day 4th Thursday in November

j. Day after Thanksgiving 4th Friday in November

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

5. CONTRACT ADMINISTRATION

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

6. 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.

7. 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.

8. FUEL SURCHARGES

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

9. INSURANCE REQUIREMENTS

Insurance Representations and Requirements

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

Without limiting any obligations or liabilities of Contractor, must purchase and maintain, at its own expense, this Contract’s stipulated minimum insurance with insurance companies properly licensed by the State of Arizona (admitted insurer) with an AM Best, Inc. rating of B ++ 6 or above or an equivalent qualified unlicensed insurer by the State of Arizona (non-admitted insurer) with 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

COS RFP Template 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, (and the U.S. Bureau of Reclamation) – its agents, representatives, officers, directors, officials and employees must be named an Additional Insured under the following policies:

a) Commercial General Liability

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b) Auto Liability

c) Excess Liability - Follow Form to underlying insurance as required.

2. Contractor’s insurance must be primary insurance as respects performance of subject contract.

3. All policies, except Professional Liability Insurance, if applicable, waive rights of recovery (subrogation) against City of Scottsdale, its agents, representatives, officers, directors, officials and employees for any claims arising out of work or services performed by Contractor under this Contract.

4. If the Contractor’s receives notice that any of the required policies of insurance are materially reduced or cancelled, it will be Contractor’s responsibility to provide prompt notice of same to the City, unless such coverage is immediately replaced with similar policies.

Required Coverage

Commercial General Liability Contractor must maintain “occurrence” form Commercial General Liability Insurance with a limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate, and a $2,000,000 General Aggregate Limit. The policy must cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury. If any Excess insurance is utilized to fulfill the requirements of this section, the Excess insurance must be “follow form” equal or broader in coverage scope than underlying.

Vehicle Liability If any vehicle is used in the performance of the Scope of Work that is the subject of this Contract, the Contractor must maintain Business Automobile Liability Insurance with a limit of $1,000,000 each occurrence on Contractor’s owned, hired, and non-owned vehicles assigned to or used in the performance of the Contractor’s work or services under this Contract. If any hazardous material, as defined by any local, state or federal authority, is the subject, or transported, in the performance of this contract, an MCS 90 endorsement is required providing $5,000,000 per occurrence limits of liability for bodily injury and property damage. If any Excess insurance is utilized to fulfill the requirements of this section, the Excess insurance must be “follow form” equal or broader in coverage scope than underlying.

Workers’ Compensation Insurance Contractor must maintain Workers’ Compensation Insurance to cover obligations imposed by federal and state statutes applicable to Contractor’s employees engaged in the performance of work or services under this Contract and must also maintain Employers’ Liability Insurance of not less than $100,000 for each accident, $100,000 disease for each employee and $500,000 disease policy limit. If the Contractor is a sole proprietor or a single member limited liability company with no employees and has elected not to purchase Workers’ Compensation Insurance; a completed and signed Workers’ Compensation Waiver Form will substitute for the insurance requirement.

10. INVOICING

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

Itemized invoices shall contain a MINIMUM of the following information:

• Vendor Name

• Remit to Address

• Purchase Order Number

• Invoice Date

• Invoice Number

• Date service/work was completed

• Complete description of work completed

COS RFP Template

• Location where service/work was performed

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

• Tax Amount (if applicable)

• Total Invoice Amount

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

11. 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.

12. 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.

13. NON-COMPLIANCE CONDITIONS AND REMEDIES

Schedule Non-Compliance – Failure to maintain the approved or adjusted schedule will result in the issuance of a notice of non-compliance by the Contract Coordinator, or designee.

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

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

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

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

COS RFP Template 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

14. 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.

15. 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.

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.

16. PURCHASING PROCEDURE

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

17. QUANTITY

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.

18. 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.

The City reserves the right to perform background checks on the Contractor and their employees who will be conducting onsite activities and have direct contact with the City’s client

19. 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

COS RFP Template 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.