INVITATION FOR BID

27-FMD-007

HVAC FILTER MAINTENANCE AND REPAIR

CITY OF PHOENIX

PUBLIC WORKS

200 W WASHINGTON ST

PHOENIX, AZ

85003

RELEASE DATE: January 21, 2026

DEADLINE FOR QUESTIONS: March 25, 2026

RESPONSE DEADLINE: April 8, 2026, 11:00 am

City of Phoenix

INVITATION FOR BID

27-FMD-007

HVAC Filter Maintenance and Repair

1. INTRODUCTION

2. INSTRUCTIONS

3. SCOPE OF WORK

4. EVALUATION PROCESS

5. STANDARD TERMS AND CONDITIONS

6. SPECIAL TERMS AND CONDITIONS

7. DEFENSE AND INDEMNIFICATION

8. INSURANCE REQUIREMENTS

9. SUBMITTALS

10. PRICING PROPOSAL

Attachments:

A - Acceptance of Offer Form 2025

B - 27-FMD-007 - Site Contact List

Invitation For Bid #27-FMD-007 Title: HVAC Filter Maintenance and Repair

1. Introduction

1.1. Contact Information

Sean Wulfekuhle

Public Works

Email: sean.wulfekuhle@phoenix.gov

Phone: (602) 534-0095

1.2. Schedule of Events

The City reserves the right to change dates, times, and locations, as necessary. The City does not always hold a Pre-Offer Conference or Site Visit. All times in the Schedule of Events are

Local Phoenix, AZ Time.

To request a reasonable accommodation or alternative format for any public meeting, please contact the Procurement Officer (Sean Wulfekuhle) at (602) 534-0095/Voice or 711/TTY, or sean.wulfekuhle@phoenix.gov, no later than two (2) weeks prior to the meeting.

Solicitation Issue Date: January 21, 2026

Pre-Offer Conference (Non-Mandatory): February 18, 2026, 9:00am https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTE5MDk4MjUtM2Y5

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Written Inquiries Due Date: March 25, 2026, 9:00am

Offer Due Date: April 8, 2026, 11:00am https://phxpublicworks.webex.com/phxpubli cworks/j.php?MTID=m272059c65a9967788

2412b7275cdc328

[phxpublicworks.webex.com] https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTE5MDk4MjUtM2Y5OS00ZWZlLTk2NmQtYzJiOTFmODRkZWIw%40thread.v2/0?context=%7b%22Tid%22%3a%2296b9695c-4f0e-42bd-8adf-ba755760346b%22%2c%22Oid%22%3a%226a42fd8b-ef0e-4ba7-9d5a-a76b0fb490dc%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTE5MDk4MjUtM2Y5OS00ZWZlLTk2NmQtYzJiOTFmODRkZWIw%40thread.v2/0?context=%7b%22Tid%22%3a%2296b9695c-4f0e-42bd-8adf-ba755760346b%22%2c%22Oid%22%3a%226a42fd8b-ef0e-4ba7-9d5a-a76b0fb490dc%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTE5MDk4MjUtM2Y5OS00ZWZlLTk2NmQtYzJiOTFmODRkZWIw%40thread.v2/0?context=%7b%22Tid%22%3a%2296b9695c-4f0e-42bd-8adf-ba755760346b%22%2c%22Oid%22%3a%226a42fd8b-ef0e-4ba7-9d5a-a76b0fb490dc%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTE5MDk4MjUtM2Y5OS00ZWZlLTk2NmQtYzJiOTFmODRkZWIw%40thread.v2/0?context=%7b%22Tid%22%3a%2296b9695c-4f0e-42bd-8adf-ba755760346b%22%2c%22Oid%22%3a%226a42fd8b-ef0e-4ba7-9d5a-a76b0fb490dc%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTE5MDk4MjUtM2Y5OS00ZWZlLTk2NmQtYzJiOTFmODRkZWIw%40thread.v2/0?context=%7b%22Tid%22%3a%2296b9695c-4f0e-42bd-8adf-ba755760346b%22%2c%22Oid%22%3a%226a42fd8b-ef0e-4ba7-9d5a-a76b0fb490dc%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTE5MDk4MjUtM2Y5OS00ZWZlLTk2NmQtYzJiOTFmODRkZWIw%40thread.v2/0?context=%7b%22Tid%22%3a%2296b9695c-4f0e-42bd-8adf-ba755760346b%22%2c%22Oid%22%3a%226a42fd8b-ef0e-4ba7-9d5a-a76b0fb490dc%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTE5MDk4MjUtM2Y5OS00ZWZlLTk2NmQtYzJiOTFmODRkZWIw%40thread.v2/0?context=%7b%22Tid%22%3a%2296b9695c-4f0e-42bd-8adf-ba755760346b%22%2c%22Oid%22%3a%226a42fd8b-ef0e-4ba7-9d5a-a76b0fb490dc%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTE5MDk4MjUtM2Y5OS00ZWZlLTk2NmQtYzJiOTFmODRkZWIw%40thread.v2/0?context=%7b%22Tid%22%3a%2296b9695c-4f0e-42bd-8adf-ba755760346b%22%2c%22Oid%22%3a%226a42fd8b-ef0e-4ba7-9d5a-a76b0fb490dc%22%7d https://phxpublicworks.webex.com/phxpublicworks/j.php?MTID=m272059c65a99677882412b7275cdc328 https://phxpublicworks.webex.com/phxpublicworks/j.php?MTID=m272059c65a99677882412b7275cdc328 https://phxpublicworks.webex.com/phxpublicworks/j.php?MTID=m272059c65a99677882412b7275cdc328 http://phxpublicworks.webex.com/

2. Instructions

2.1. Description – Statement of Need

The City of Phoenix invites sealed offers for provide full-service air filter maintenance and supply including all necessary labor, tools, materials, supplies and incidentals for replacing filters and performing HVAC filter maintenance services at various City of Phoenix facilities for a three-year term, with two option years commencing on or about September 1, 2026, in accordance with the specifications and provisions contained herein or the “Effective Date” which is upon award by City Council, conditioned upon signature and recording by the City Clerk’s department, as required by the Phoenix City Code, whichever is later.

This solicitation is available through the City’s Procurement Portal. For technical support issues related to the City's Procurement Portal, Offeror may use the support bubble on the bottom right, or email procurement-support@opengov.com for any assistance. For other issues related to this solicitation please contact the procurement officer listed under Contact Information.

Notwithstanding the foregoing, this Agreement will terminate upon the earliest occurrence: by reaching the end of the term including any extensions exercised, or termination pursuant to the provisions of this Agreement.

2.2. Preparation of Offer

All forms provided must be completed and submitted with the Offer. The signed and completed

Conflict of Interest and Transparency form must be included or your Offer may be deemed non-responsive.

It is permissible to copy Submittal forms if necessary. Erasures, interlineations, or other modifications of the Offer must be initialed in original ink by the authorized person signing the

Offer. No offer will be altered, amended or withdrawn after the specified offer due date and time.

The City is not responsible for Offeror’s errors or omissions.

All time periods stated as a number of days will be calendar days.

It is the responsibility of all Offerors to examine the entire solicitation and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting an offer. Negligence in preparing an offer confers no right of withdrawal after due date and time. Offerors are strongly encouraged to:

A. Consider applicable laws and/or economic conditions that may affect cost, progress, performance, or furnishing of the products or services.

B. Study and carefully correlate Offeror’s knowledge and observations with the solicitation and other related data.

C. Promptly notify the City of all conflicts, errors, ambiguities, or discrepancies that Offeror has discovered in or between the solicitation and other related documents.

D. The City does not reimburse the cost of developing, presenting or providing any response to this solicitation. Offers submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and mailto:procurement-support@opengov.com concise manner. The Offeror is responsible for all costs incurred in responding to this solicitation. All materials and documents submitted in response to this solicitation become the property of the City and will not be returned.

E. Offerors are reminded that the specifications stated in the solicitation are the minimum level required and that offers submitted must be for products or services that meet or exceed the minimum level of all features specifically listed in this solicitation. Offers offering less than any minimum specifications or criteria specified are not responsive and should not be submitted.

F. Offer responses submitted for products considered by the seller to be acceptable alternates to the brand names or manufacturer’s catalog references specified herein must be submitted with technical literature and/or detailed product brochures for the

City’s use to evaluate the products offered. Offers submitted without this product information may be considered as non-responsive and rejected. The City will be the sole judge as to the acceptability of alternate products offered.

G. Prices will be submitted on a per unit basis by line item, when applicable. In the event of a disparity between the unit price and extended price, the unit price will prevail unless obviously in error.

2.3. Fixed Offer Price Period

All offers shall be firm and fixed for a period of 180 calendar days from the solicitation opening date.

2.4. Obtaining a Copy of the Solicitation and Addenda

Interested Offerors may download the complete solicitation and addenda from the City's

Procurement Portal: https://procurement.opengov.com/portal/phoenix/projects/197597. Any interested Offerors without internet access may obtain this solicitation by calling the

Procurement Officer or picking up a copy during regular business hours at the City of Phoenix, Public Works Department, 200 W. Washington Street, 7th Floor, Phoenix, AZ 85003. It is the

Offeror’s responsibility to check the City's Procurement Portal, read the entire solicitation, and verify all required information is submitted with their Offer.

2.5. Exceptions

Offeror must not take any exceptions to any terms, conditions or material requirements of this solicitation. Offers submitted with exceptions may be deemed non-responsive and disqualified from further consideration in the City’s sole discretion. Offerors must conform to all the requirements specified in the solicitation. The City encourages Offerors to send inquiries to the

Procurement Officer rather than including exceptions in their Offer.

2.6. Inquiries

All questions that arise relating to this solicitation should be directed via City’s Procurement

Portal and must be received by the due date indicated in the Schedule of Events. The City will not consider questions received after the deadline.

https://procurement.opengov.com/portal/phoenix/projects/197597

No informal contact initiated by Offerors on the proposed service will be allowed with members of City’s staff from date of distribution of this solicitation until after city council awards the contract. All questions concerning or issues related to this solicitation must be presented in writing.

The Procurement Officer will answer written inquiries in an addendum and publish any addenda on the City’s Procurement Portal.

2.7. Addenda

The City of Phoenix will not be responsible for any oral instructions made by any employees or officers of the City of Phoenix regarding this solicitation. Any changes will be in the form of an addendum. The Offeror must acknowledge receipt of any/all addenda through the City's

Procurement Portal.

2.8. Licenses

If required by law for the operation of the business or work related to this Offer, Offeror must possess all valid certifications and/or licenses as required by federal, state or local laws at the time of submittal.

2.9. Certifications

By signature in the Offer section of the Offer and Acceptance page(s), Offeror certifies:

• The submission of the Offer did not involve collusion or other anti-competitive practices.

• The Offeror must not discriminate against any employee, or applicant for employment in violation of Federal or State Law.

• The Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted Offer.

2.10. Submission of Offer

The City of Phoenix Public Works Department is accepting only electronic Offers for this solicitation. Offerors are responsible for submitting the Offer before the due date and time of the solicitation deadline.

The Offeror is responsible for managing potential delays due to delays caused by the Carrier or technical difficulties.

Submission of Offer – Electronic Submission:

Offers shall be submitted electronically via the City’s Procurement Portal by clicking on “Draft

Response” via https://procurement.opengov.com/portal/phoenix/projects/197597. Offerors must be registered with OpenGov by signing up via https://procurement.opengov.com/signup. Vendor training guides can be found at: https://opengov.my.site.com/support/s/article/ca6d1285-1e48-

4a21-bb0d-715edb7794ed.

Any original documents (such as bonds, guaranties, powers of attorney), if required by the solicitation, must be separately delivered to and received by the City on or prior to the exact https://procurement.opengov.com/portal/phoenix/projects/197597 https://procurement.opengov.com/signup https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed time and date indicated in the Schedule of Events, with a clear indication of the Offer for which it is attributed.

It is the responsibility of the Offeror to ensure that the Offer is timely and to confirm that there are no technical reasons that any offer submitted electronically may be delayed. The date and time on the upload as received/stamped by the City’s Procurement Portal will provide proof of submission and verification whether the Offer was received on or prior to the exact time and date indicated in the Schedule of Events.

For assistance with submittals, vendors are welcome to use the OpenGov support chat (blue chat bubble in the bottom right corner) to connect with a member of OpenGov's support team who will be able to assist you with your submission.

Please DO NOT submit links to Google Docs, Dropbox Paper, or similar services. Your offer may be deemed non-responsive if your offer is supplied utilizing these services.

2.11. Withdrawal of Offer

At any time prior to the solicitation due date and time, an Offeror (or designated representative) may withdraw the Offer by clicking “Unsubmit Response” on the Offer submission via the City’s

Procurement Portal.

2.12. Offer Results

Offers will be opened on the offer due date, time and location indicated in the Schedule of

Events, at which time the name of each Offeror, and the prices may be read. Offers and other information received in response to the solicitation will be shown only to authorized City personnel having a legitimate interest in them or persons assisting the City in the evaluation.

Offers are not available for public inspection until after the City has posted the award recommendation on the City's Procurement Portal.

The City will post a preliminary offer tabulation on the City's Procurement Portal:

https://procurement.opengov.com/portal/phoenix/projects/197597 within five business days of the offer opening. The City will post the information on the preliminary tabulation as it was read during the offer opening. The City makes no guarantee as to the accuracy of any information on the preliminary tabulation. Once the City has evaluated the offers, the City will post an award recommendation on the City's Procurement Portal. By signing and submitting its Offer, each

Offeror agrees that this posting of the award recommendation to the City's Procurement Portal effectively serves as the Offeror’s receipt of that notice of award recommendation. The City has no obligation to provide any further notification to unsuccessful Offerors.

2.13. Pre-Award Qualifications

Offeror must have been in operation a minimum of five years. The Offeror’s normal business activity during the past five years will have been for providing the goods or services in this solicitation.

Upon notification of a recommended award, the Offeror will have 14 calendar days to submit a complete certificate of insurance in the minimum amounts and the coverages as required in the

Insurance Requirements of this agreement. Insurance requirements are non-negotiable.

https://procurement.opengov.com/portal/phoenix/projects/197597

2.14. Certificates of Insurance

Upon notification of a recommended award, the Offeror will have 14 calendar days to submit a complete certificate of insurance in the minimum amounts and the coverages as required in the

Insurance Requirements of this solicitation. Insurance requirements are non-negotiable.

2.15. Award of Contract

Unless otherwise indicated, award(s) will be made to responsive, responsible Offeror(s) who are regularly established in the service, or providing the goods, contained in this solicitation and who have demonstrated the ability to perform in an acceptable manner.

A. Factors that may be considered by the City include:

1. Technical capability of the Offeror to accomplish the scope of work required in the

Solicitation. This may include performance history on past and current government or industrial contracts; and,

2. Demonstrated availability of the necessary manpower (both supervisory and operational personnel) and necessary equipment to accomplish the scope of work in the Solicitation; and,

3. Safety record; and,

4. Offeror history of complaints and termination for convenience or cause.

B. Notwithstanding any other provision of this solicitation, the City reserves the right to: (1) waive any immaterial defect or informality; or (2) reject any or all offers or portions thereof; or (3) reissue a solicitation.

C. A response to a solicitation is an offer to contract with the City based upon the terms, conditions, and specifications contained in the City’s solicitation. Offers do not become contracts until they are executed by the Chief Procurement Officer or Department

Director. A contract has its inception in the award, eliminating a formal signing of a separate contract. For that reason, all of the terms, conditions and specifications of the procurement contract are contained in the solicitation, and in any addendum or contract amendment.

2.16. Solicitation Transparency Policy

Commencing on the date and time a solicitation is published, potential or actual Offerors or respondents (including their representatives) shall only discuss matters associated with the solicitation with the Mayor, any members of City Council, the City Manager, any Deputy City

Manager, or any department director directly associated with the solicitation (including in each case their assigned staff, except for the designated Procurement Officer) at a public meeting, posted under Arizona Statutes, until the resulting contract(s) are awarded to all offers or responses are rejected and the solicitation is cancelled without any announcement by the

Procurement Officer of the City’s intent to reissue the same or similar solicitation.

As long as the solicitation is not discussed, Offerors may continue to conduct business with the

City and discuss business that is unrelated to the solicitation with the City staff. Offerors may not discuss the solicitation with any City employees or evaluation panel members.

Offerors may discuss their proposal or the solicitation with the Mayor or one or more members of the Phoenix City Council, provided such meetings are scheduled through the Procurement

Officer, and are posted as open meetings with the City Clerk at least 24 hours prior to the scheduled meetings. The City Clerk will be responsible for posting the meetings. The posted notice shall identify the participants and the subject matter, as well as invite the public to participate.

With respect to the selection of the successful Offerors, the City Manager and/or City Manager's

Office will continue the past practice of exerting no undue influence on the process. In all solicitations of bids and proposals, any direction on the selection from the City Manager and/or

City Manager's Office and Department Head (or representative) to the proposal review panel or selecting authority must be provided in writing to all prospective Offerors.

This policy is intended to create a level playing field for all Offerors, assure that contracts are awarded in public, and protect the integrity of the selection process. OFFERORS THAT

VIOLATE THIS POLICY SHALL BE DISQUALIFIED. After official Notice is received by the City for disqualification, the Offeror may follow the Protest process, unless the Solicitation is cancelled without notice of intent to re-issue.

“To discuss” means any contact by the Offeror, regardless of whether the City responds to the contact. Offerors that violate this policy will be disqualified until the resulting contract(s) are awarded, or all offers or responses are rejected and the solicitation is cancelled without any announcement by the Procurement Officer of the City’s intent to reissue the same or a similar solicitation. The City interprets the policy as continuing through a cancellation of a solicitation until Council award of the contract, as long as the City cancels with a statement that the City will rebid the solicitation.

2.17. Protest Process

Offeror may protest the contents of a solicitation no later than seven days before the solicitation deadline when the protest is based on an apparent alleged mistake, impropriety or defect in the solicitation. Protests filed regarding the solicitation may be addressed by an amendment to the solicitation or denied by the City. If denied, the opening and award will proceed unless the City determines that it is in the City’s best interests to set new deadlines, amend the solicitation, cancel or re-bid.

Therefore, unless otherwise notified by a formal amendment, the Protester must adhere to all solicitation dates and deadlines, including timely filing of an offer, regardless of filing a protest.

Offeror may protest an adverse determination issued by the City regarding responsibility and responsiveness, within seven days of the date the Offeror was notified of the adverse determination.

Offeror may protest an award recommendation if the Offeror can establish that it had a substantial chance of being awarded the contract and will be harmed by the recommended award. The City will post recommendations on the City’s Procurement Portal to award the contract(s) to an Offeror(s). Offeror must submit award protests within seven days after the posting of the award recommendation, with exceptions only for good cause shown, within the

City’s full and final discretion.

All protests will be in writing, filed with the Procurement Officer identified in the solicitation and include the following:

• Identification of the solicitation number;

• The name, address and telephone number of the protester;

• A detailed statement describing the legal and factual grounds for the protest, including copies of relevant documents;

• The form of relief requested; and

• The signature of the protester or its authorized representative.

The Procurement Officer will render a written decision within a reasonable period after the protest is filed. The City will not request City Council authorization to award the contract until the protest process is complete. All protests and appeals must be submitted in accordance with the

City’s Procurement Code, (Phoenix City Code, Ch. 43) and any protests or appeals not submitted within the time requirements will not be considered. Protests must be filed with the

Procurement Officer.

2.18. Public Record

All Offers submitted in response to this solicitation will become the property of the City and become a matter of public record available for review pursuant to Arizona State law. If an

Offeror believes that a specific section of its Offer response is confidential, the Offeror will isolate the pages marked confidential in a specific and clearly labeled section of its Offer response. An Offeror may request specific information contained within its Offer is treated by the

Procurement Officer as confidential provided the Offeror clearly labels the information

“confidential.” To the extent necessary for the evaluation process, information marked as

“confidential” will not be treated as confidential. Once the procurement file becomes available for public inspection, the Procurement Officer will not make any information identified by the

Offerors as “confidential” available to the public unless necessary to support the evaluation process or if specifically requested in accordance with applicable public records law. When a public records request for such information is received, the Procurement Officer will notify the

Offeror in writing of any request to view any portion of its Offer marked “confidential.” The

Offeror will have the time set forth in the notice to obtain a court order enjoining such disclosure.

If the Offeror does not provide the Procurement Officer with a court order enjoining release of the information during the designated time, the Procurement Officer will make the information requested available for inspection.

2.19. Late Offers

Late Offers must be rejected, except for good cause. If a late Offer is submitted, the Department will document the date and time of the submittal of the late Offer, keep the Offer and notify the

Offeror that its Offer was disqualified for being a late Offer.

2.20. Right to Disqualify

The City reserves the right to disqualify any Offeror who fails to provide information or data requested or who provides materially inaccurate or misleading information or data. The City further reserves the right to disqualify any Offeror on the basis of any real or apparent conflict of interest that is disclosed by the Offer submitted or any other data or information available to the

City. This disqualification is at the sole discretion of the City. By submission of a solicitation response, the Offeror waives any right to object now or at any future time, before any agency or body including, but not limited to, the City Council of the City or any court as to the exercise by the City of such right to disqualify or as to any disqualification by reason of real or apparent conflict of interest determined by the City. The City reserves the right to replace the disqualified

Offeror.

2.21. Contract Award

In accordance with the City of Phoenix Code, Chapter 43, Section 43-12, Competitive Sealed

Bidding, award(s) shall be made to the lowest responsive and responsible offeror(s) whose offer conforms in all material respects to the requirements set forth in this solicitation. The City reserves the right to award a contract by individual line items, by group, all or none, or any other combination most advantageous to the City. The City reserves the right to award multiple contracts.

2.22. Determining Responsiveness and Responsibility

Offers will be reviewed for documentation of any required minimum qualifications, and completeness and compliance with the solicitation requirements. The City reserves sole discretion to determine responsiveness and responsibility.

Responsiveness: Nonresponsive Offers will not be considered in the evaluation process. The solicitation states criteria that determine responsiveness, and the solicitation includes terms and conditions that if included or excluded from Offers will render an Offer nonresponsive.

Responsibility: To obtain true economy, the City must conduct solicitations to minimize the possibility of a subsequent default by the Offeror, late deliveries, or other unsatisfactory performance that may result in additional administrative costs. It is important that the Offeror be a responsible Offeror. Responsibility includes the Offeror’s integrity, skill, capacity, experience, and facilities for conducting the work to be performed.

2.23. Equal Low Offer

Contract award will be made by putting the names of the tied vendors in a cup for a blind drawing limited to those bidders with tied offers. If time permits, the offerors involved will be given an opportunity to attend the drawing. The drawing will be witnessed by at least three persons, and the contract file will contain the names and addresses of the witnesses.

3. Scope of Work

3.1. Summary

The services provided will include the removal of all used air filters, the installation of new air filters, and the disposal of the used air filters. Inspections and reports on the condition of all facility HVAC filters and equipment is also be requested. The City reserves the right to make changes to the filter size, MERV rating, and frequency as needed throughout the life of this contract. The City will provide the Contractor with a minimum of two business days’ notice in advance of change so Contractor can adjust scheduling and supplies accordingly.

The City of Phoenix regularly upgrades its HVAC systems, which may require minor adjustments to the filter configuration. A contract amendment will only be permitted if the

HVAC systems are significantly expanded beyond their current condition. Examples that would justify a contract amendment include:

• Modifications that increase the overall tonnage of existing equipment.

• Modification where the type of HVAC equipment has changed.

• Changes to filter types that would substantially raise costs (for example, switching from a standard 1-inch thickness filter to a specialty filter, larger thickness, or the overall diameter of the air intake increases by more than 25%).

• Change in Merv Rating.

• Alterations in the frequency at which filters are changed.

• Addition or removal of HVAC equipment.

The City, at its discretion, may purchase air filters on an as-needed basis. The City makes no guarantee as to the number of filters that will be purchased throughout the life of the contract.

3.2. FILTER SPECIFICATIONS

A. 1-inch, 2-inch, and 4-inch High Capacity, 100% synthetic media extended surface pleated air filters.

B. High efficiency, high-capacity bag filters will be Purolatorâ Defiant BagÔ 85 Series synthetic bag filters or equivalent.

C. High efficiency, high-capacity rigid box filters will be Purolatorâ Defiant CellÔ 85 Series synthetic rigid box filters or equivalent.

D. 1-inch, 2-inch, and 4-inch air filters will be disposable pleated media, factory assembled, consisting of moisture-resistant 100% synthetic media that does not support microbial growth and a moisture-resistant paperboard frame.

E. 1-inch, 2-inch, and 4-inch pleated panel filters used in the standard maintenance program will achieve a Minimum Efficiency Reporting Value (MERV) rating of 13, based on ASHRAE Test Standard 52.2, unless otherwise specified. Any supply or replacement of filters that do not conform to the installation schedule will require written confirmation from the City Department Contract Representative (CDCR).

F. 1-inch, 2-inch, and 4-inch pleated filters will be Underwriters Laboratories classified to

UL 900.

G. On 1-inch, 2-inch, and 4-inch filters, the filter media will be bonded to a heavy-duty, high-strength paperboard frame with a cross-member design that increases rigidity and prevents breaching. The frame will be made with moisture-resistant paperboard.

H. To prevent dirty air bypass, the media grid assembly will be bonded to all interior surfaces of the frame with solvent-free glue. Die-cut diagonal frame members will be bonded to the media pack upstream and downstream to assure accurate pleat alignment.

I. 1-inch, 2-inch, and 4-inch filters will have an expanded metal support grid bonded to the air-exiting side to maintain pleat uniformity.

J. Filters will be rated to withstand a continuous operating temperature of up to 180 degrees Fahrenheit.

K. Filters will have a recommended final resistance of at least 1.0 water gauge (W.G.).

L. Initial resistance rating of MERV 10 pleated panel filters used in the standard maintenance program will not exceed the following:

1. 1-inch: .15” W.G. @ 300 Feet Per Minute (FPM)

2. 2-inch: .13” W.G. @ 300 Feet Per Minute (FPM)

3. 4-inch: .10” W.G. @ 300 Feet Per Minute (FPM)

M. Initial Resistance rating of MERV 13 pleated Filters used in the standard maintenance program will not exceed the following:

1. 1-inch .26” W.C. @ 300 Feet per minute (FPM)

2. 2-inch .12” W.C. @ 300 Feet Per Minute (FPM)

3. 4-inch .11” W.C. @ 300 Feet Per Minute (FPM)

N. 1-inch filters will have a minimum of 15 pleats / linear foot and will have an approximate media area of 2.0 square feet of effective filtering media per square foot of face area.

The filter will be capable of operating at face velocities of up to 375 FPM.

O. 2-inch filters will have a minimum of 14 pleats / linear foot and will have an approximate media area of 4.2 square feet of effective filtering media per square foot of face area.

The filter will be capable of operating at face velocities of up to 500 FPM.

P. 4-inch filters will have a minimum of 11 pleats / linear foot and will have an approximate media area of 7.2 square feet of effective filtering media per square foot of face area. The filter will be capable of operating at face velocities of up to 625 FPM.

3.3. INSPECTION

A. Contractor will be responsible for replacing each HVAC filter at intervals specified for each location in the City of Phoenix

1. At the time of replacement, the Contractor will inspect the filters, remove and properly dispose of used filters, and install replacement filters, writing the date

(month/day/year) of installation on the visible side of the filter in permanent marker.

2. The contractor will ensure that all panels removed during inspection are securely in place and the unit is turned back on before leaving the site.

3. All fasteners will be Original Equipment Manufacturer (OEM) or equal. Self-tapping or self-drilling screws or other substitutions will not be allowed.

3.4. CONTRACTOR REQUIREMENTS

A. Prior to commencement of work, the Contractor will meet with the CDCR and/or other on-site City personnel to familiarize themselves with the operational requirements as they apply to the air filter replacement services.

B. Worker/Vehicle Identification

C. The City requires that all job site workers wear clean work clothes with either a prominently displayed identification badge or company identification affixed to the clothing and clearly visible to staff. Job site vehicles must prominently display company identification and only park in areas designated by City representative.

D. All personnel will be employees of the Contractor possessing and displaying a City of

Phoenix contractor badge. The contractor will not utilize temporary personnel or untrained personnel.

E. Contractor must possess and maintain a valid Certified Air Filter Specialist (CAFS) certification to oversee and manage the City of Phoenix account. CAFS certificates will be submitted with the bid submittal.

F. The lead technician on-site must possess and maintain a valid National Air Filter

Association (NAFA) Certified Technician certification. Certification will be submitted with the bid submittal.

G. Upon request from the City, any employee(s) who endangers persons or property or whose continued work under this contract is inconsistent with the interests of the City, may no longer provide services under this contract.

H. Contractor will have an ongoing safety and education program for their service employees to assure a safe work environment.

I. Contractor will write the service date (month/day/year) on all air filters in permanent maker at the time of installation. Failure to comply or repeated incidents will result in progressive penalties, including a recommendation for termination of this contract for default.

J. At each location, Contractor will:

1. Obtain the signature and legible printed name and telephone number of City staff upon completion of filter replacement.

2. If no City staff is available to sign, the Contractor will contact the CDCR for instructions while the Contractor is still on-site, with no exceptions.

3. If access to the facility is restricted, Contractor will contact CDCR for instructions;

and

4. Post a filter log in the mechanical rooms or other location on-site as deemed appropriate by the CDCR.

5. Contractor will “check in” at all facilities to announce themselves before starting any services on the roof.

6. The contractor is responsible for the safe disposal of used filters. They are not permitted to dispose of used filters or material on City of Phoenix property.

K. If a problem is found with a piece of equipment (e.g., frozen coils, broken V-belt), the

Contractor will call the CDCR immediately while they are on-site.

L. No materials required for this contract will be stored on City of Phoenix sites.

M. For the Supply of Air Filter(s) Only Requests: Contractor will deliver new OEM filters in the size, quantity, and MERV capacity requested, to the delivery location within three

(3) business days of the date of the purchase order.

N. All used air filter materials will be properly and legally disposed of off-site by Contractor, at Contractors’ expense.

3.5. EQUIPMENT

A. Contractor will be responsible for all equipment necessary to facilitate this project, including man lifts needed to access air handlers above ceilings or located in high places. If the Contractor needs to rent any equipment to complete the scope of this contract, the cost will be borne by the Contractor. Rental costs will not be approved or paid by the City.

B. An enclosed vehicle of adequate size will be used to perform filter service at various City of Phoenix facilities.

C. The City of Phoenix will provide no equipment or tools.

D. Contractor will ensure that all filter service equipment is in safe operating condition at all times.

E. All equipment, supplies, and incidentals will conform to all current federal, state, local and Occupational Safety and Health Administration (OSHA) rules and regulations.

3.6. FILTER REPLACEMENT INTERVALS

A. Contractor will monitor the replacement schedule and, when necessary, and upon approval of the CDCR, adjust the schedule to provide maximum filter and equipment life.

B. If the CDCR or its representative identifies a filter that needs replacing, forty-eight (48) hours' notice will be given to the Contractor to replace the filter.

3.7. INDEPENDENT LAB STUDIES

A. Lab Studies are conducted following the American Society of Heating, Refrigerating and

Air-Conditioning Engineers (ASHRAE ) test standards 52.2-2017 or current, which is the industry accepted method for testing.

B. Filters must be Class II listed per U.L. Standard 900.

C. The City reserves the right to have one or more of the filters supplied tested for compliance to ensure the filter(s) meet all requirements and specifications. If the filter(s) tested do not meet these requirements, the City may reserve all rights within the cancellation clause of this contract, and any reasonable expenses of the testing will be borne by the Contractor.

3.8. CONTRACTOR PERFORMANCE

A. Should a filter fail due to defects in manufacturing or improper installation, and such defect or installation causes the filter to disintegrate media into the HVAC system, the

Contractor will be responsible for clean-up of all media debris from coils, ducts, and registers at no additional charge to the City.

B. Contractor will be responsible for any damages to City facilities, grounds, landscaping, utilities, or structures that result from Contractor’s failure to properly perform the scope of work described. In the event that damage does occur during the performance of this contract, within thirty (30) days, Contractor will repair or replace the damage at no cost to the City. Should Contractor fail or refuse to make proper repairs or replacements to the damaged equipment, Contractor will be liable for the cost thereof, which will be collected or offset by any other means provided by law and/or contract.

C. All work under this agreement is intended to include labor and materials related to filter replacement only. All fasteners, bolts, nuts, clips, frames, spacers or gaskets, and equipment repairs required for the proper installation of the HVAC filter are the responsibility of the Contractor. The work is to be performed in a neat and professional manner, keeping all work areas clear of toolboxes, waste, and other debris.

D. The contractor will immediately report to the CDCR any problems discovered with HVAC equipment, such as loose belts, noisy bearings, water leakage, dirty coils, or any abnormal condition, including excessive amounts of bird waste, which can interfere with the equipment's access or operation.

E. The contractor will keep the job site clean of all surplus materials and debris, properly dispose of all debris, and leave the surrounding area (including air handler rooms) broom clean at the end of each work shift.

F. Repeated instances of missed or skipped services and/or failure to provide the required goods as requested by CDCR will result in progressive penalties, leading up to termination of contract.

3.9. Requirement to Bid All Locations Within a Group

If a Bidder submits an offer for any Group, the Bidder must submit a complete bid for every

Location listed within that Group. Partial bids within a Group (i.e., omitting any Location in that

Group) are not permitted and will be deemed non-responsive for that Group. Groups consist of:

Public Works Dept

Field Locations

Public Safety

The group will be indicated in the Bid Price Schedule Title.

4. Standard Terms and Conditions

4.1. Definition of Key Words Used in the Solicitation

Shall, Will, Must: Indicates a mandatory requirement. Failure to meet these mandatory requirements may result in the rejection of Offer as non-responsive.

Should: Indicates something that is recommended but not mandatory. If the Offeror fails to provide recommended information, the City may, at its sole option, ask the Offeror to provide the information or evaluate the Offer without the information.

May: Indicates something that is not mandatory but permissible.

For purposes of this solicitation, the following definitions will apply:

“A.R.S.” Arizona Revised Statute

“Buyer” or “Procurement Officer” City of Phoenix staff person responsible for the solicitation.

The City employee or employees who have specifically been designated to act as a contact person or persons to the Contractor, and responsible for monitoring and overseeing the

Contractor's performance under this contract.

"City" The City of Phoenix

"Contractor" The individual, partnership, or corporation who, as a result of the competitive process, is awarded a contract by the City of Phoenix.

"Contract” or “Agreement" The legal agreement executed between the City of Phoenix, AZ and the Contractor.

“Days” Means calendar days unless otherwise specified.

“Chief Procurement Officer” The contracting authority for the City of Phoenix, AZ, authorized to sign contracts and amendments thereto on behalf of the City of Phoenix, AZ.

“Employer” Any individual or type of organization that transacts business in this state, that has a license issued by an agency in this state and employs one or more employees in this state.

Employer includes this state, any political subdivision of this state and self-employed persons. In the case of an independent contractor, employer means the independent contractor and does not mean the person or organization that uses contract labor. (A.R.S. 23-211).

“Offer” Means a response from a Supplier, Contractor, or Service Provider to a solicitation request that, if awarded, binds the Supplier, Contractor, or Service Provider to perform in accordance with the contract. Same as bid, proposal, quotation or tender.

“Offeror” Any Vendor, Seller or Supplier submitting a competitive offer in response to a solicitation from the City. Same as Bidder or Proposer.

“Solicitation” Means an Invitation for Bid (IFB), Request for Proposal (RFP), Request for

Quotations (RFQ), Request for Qualifications (RFQu) and request for sealed Offers, or any other type of formal procurement which the City makes public through advertising, mailings, or some other method of communication. It is the process by which the City seeks information, proposals, Offers, or quotes from suppliers.

“Suppliers” Firms, entities or individuals furnishing goods or services to the City.

“Vendor or Seller” A seller of goods or services.

4.2. City’s Vendor Self-Registration and Notification

Vendors must be registered in the City’s Procurement Portal at https://procurement.opengov.com/portal/phoenix to respond to solicitations and access procurement information.

Vendors must also be registered in the City’s procurePHX Self-Registration System at https://www.phoenix.gov/procure prior to contract execution.

The City may, at its sole discretion, reject any offer from an Offeror who has not registered.

4.3. Business in Arizona

The City will not enter contracts with Offerors (or any company(ies)) not granted authority to transact business, or not in good standing, in the state of Arizona by the Arizona Corporation

Commission, unless the Offeror asserts a statutory exception prior to entering a contract with the City.

4.4. Contract Interpretation

A. Applicable Law: This Contract will be governed by the law of the State of Arizona, and suits pertaining to this Contract will be brought only in Federal or State courts in

Maricopa County, State of Arizona.

B. Contract Order of Precedence: In the event of a conflict in the provisions of the

Contract, as accepted by the City and as they may be amended, the following will prevail in the order set forth below:

1. Federal terms and conditions, if any

2. Special terms and conditions

3. Standard terms and conditions

4. Amendments

5. Statement or scope of work

6. Specifications

7. Attachments

8. Exhibits

9. Instructions to Contractors

10. Other documents referenced or included in the Solicitation

C. Organization – Employment Disclaimer: The Agreement resulting hereunder is not intended to constitute, create, give rise to or otherwise recognize a joint venture agreement or relationship, partnership or formal business organization of any kind, and https://procurement.opengov.com/portal/phoenix https://www.phoenix.gov/procure the rights and obligations of the parties will be only those expressly set forth in the agreement. The parties agree that no persons supplied by the Contractor in the performance of Contractor’s obligations under the agreement are considered to be City’s employees and that no rights of City civil service, retirement or personnel rules accrue to such persons. The Contractor will have total responsibility for all salaries, wage bonuses, retirement, withholdings, workmen’s compensation, occupational disease compensation, unemployment compensation, other employee benefits and all taxes and premiums appurtenant thereto concerning such persons, and will save and hold the City harmless with respect thereto.

D. Severability: The provisions of this Contract are severable to the extent that any provision or application held to be invalid will not affect any other provision or application of the contract which may remain in effect without the invalid provision or application.

E. Non-Waiver of Liability: The City of Phoenix as a public entity supported by tax monies, in execution of its public trust, cannot agree to waive any lawful or legitimate right to recover monies lawfully due it. Therefore, any Contractor agrees that it will not insist upon or demand any statement whereby the City agrees to limit in advance or waive any right the City might have to recover actual lawful damages in any court of law under applicable Arizona law.

F. Parol Evidence: This Agreement is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of this agreement. No course of prior dealings between the parties and no usage in the trade will be relevant to supplement or explain any term used in this Contract.

Acceptance or acquiescence in a course of performance rendered under this contract will not be relevant to determine the meaning of this Contract even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity to object.

4.5. Contract Administration and Operation

A. Records: All books, accounts, reports, files and other records relating to the contract will be subject at all reasonable times to inspection and audit by the City for five years after completion of the contract. Such records will be produced at a City of Phoenix office as designated by the City. Confidentiality will be maintained, and City will not violate any proprietary or other confidentiality agreements Contractor has in place.

B. Discrimination Prohibited: Contractor agrees to abide by the provisions of the Phoenix

City Code Chapter 18, Article V as amended. Any Contractor, in performing under this contract, will not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age or disability nor otherwise commit an unfair employment practice. The supplier and/or lessee will take action to ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, or national origin, age or disability and adhere to a policy to pay equal compensation to men and women who perform jobs that require substantially equal skill, effort and responsibility, and that are performed within the same establishment under similar working conditions. Such action will include but not be limited to the following: Employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The supplier further agrees that this clause will be incorporated in all subcontracts with all labor organizations furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this contract. Contractor further agrees that this clause will be incorporated in all subcontracts, job-contractor agreements or subleases of this agreement entered into by supplier/lessee.

C. Equal Employment Opportunity and Pay: In order to do business with the City, Contractor must comply with Phoenix City Code, 1969, Chapter 18, Article V, as amended, Equal Employment Opportunity Requirements. Contractor will direct any questions in regard to these requirements to the Equal Opportunity Department, (602)

262-6790.

1. For a Contractor with 35 employees or fewer: Contractor in…