Silica_Dioxide_(Addendum_#2_Revision).pdf

INVITATION FOR BID

IFB-26-0161

SILICA DIOXIDE

CITY OF PHOENIX

WATER SERVICES

200 W WASHINGTON STREET

PHOENIX, AZ

85003

RELEASE DATE: January 9, 2026

DEADLINE FOR QUESTIONS: January 23, 2026

RESPONSE DEADLINE: February 3, 2026, 2:00 pm

City of Phoenix

INVITATION FOR BID

IFB-26-0161

Silica Dioxide

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

Invitation For Bid #IFB-26-0161 Title: Silica Dioxide

1. Introduction

1.1. Contact Information

Phillip Lair

Water Services

Email: phillip.lair@phoenix.gov

Phone: (602) 256-3343

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 (Phillip Lair) at (602) 256-3343/Voice or 711/TTY, or phillip.lair@phoenix.gov, no later than two (2) weeks prior to the meeting.

Solicitation Issue Date: January 9, 2026

Pre-Offer Conference (Non-Mandatory): January 16, 2026, 2:00pm

When it's time, join your Webex meeting here.

Join from the meeting link https://cityofphoenix.webex.com/cityofphoen ix/j.php?MTID=m3b9ea92ff22edabfcf14ee7 e9aa8ae6d

Join by meeting number

Meeting number (access code): 2345 637

Meeting password: JRwGjJCK694

Tap to join from a mobile device (attendees only)

+1-415-655-0001,,23456372711## US Toll

Join by phone

+1-415-655-0001 US Toll

Global call-in numbers

Join from a video system or application

Dial

23456372711@cityofphoenix.webex.com

You can also dial 173.243.2.68 and enter your meeting number.

Written Inquiries Due Date: January 23, 2026, 2:00pm

Offer Due Date: February 3, 2026, 2:00pm https://cityofphoenix.webex.com/cityofphoenix/j.php?MTID=m3b9ea92ff22edabfcf14ee7e9aa8ae6d https://cityofphoenix.webex.com/cityofphoenix/j.php?MTID=m3b9ea92ff22edabfcf14ee7e9aa8ae6d https://cityofphoenix.webex.com/cityofphoenix/j.php?MTID=m3b9ea92ff22edabfcf14ee7e9aa8ae6d mailto:23456372711@cityofphoenix.webex.com http://173.243.2.68/

2. Instructions

2.1. Description – Statement of Need

The City of Phoenix invites sealed offers for silica dioxide for a five-year contract commencing on or about April 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 concise manner. The Offeror is responsible for all costs incurred in responding to this mailto:procurement-support@opengov.com 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/213809/. 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, Water Services Department, 200 W. Washington St. 9th floor Phoenix, AZ 85003. It is the

Offeror’s responsibility to check the 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/213809 https://solicitations.phoenix.gov/

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.

Changes to terms and conditions of the Solicitation and resulting Agreement made pursuant to an addendum shall be memorialized in the Solicitation and resulting Agreement document. To that end, a parenthetical will be added to applicable provision(s) referencing the addendum that imposed the change. The language in the final provision will reflect the updated version.

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

Offers must be in possession of the Department on or prior to the exact time and date indicated in the Schedule of Events. Late offers will not be considered. The prevailing clock will be the

City Department’s clock.

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

Response” via https://procurement.opengov.com/portal/phoenix/projects/213809. Offerors that are unable to submit electronically should contact the Procurement Officer to discuss the logistics of hard copy submittals. 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 https://procurement.opengov.com/portal/phoenix/projects/213809 https://procurement.opengov.com/signup 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 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/213809 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 5 years. The Offeror’s normal business activity during the past 5 years will have been for providing the goods or services in this solicitation.

Provide copies of Safety Data Sheet (SDS)

Proof of compliance with National Sanitation Foundation (NSF) requirement https://procurement.opengov.com/portal/phoenix/projects/213809

Product sample(s) may be required for review and/or testing prior to contract award. Contractors will be required to provide samples as requested, within the requested delivery timeframe communicated.

Certified quality analysis of the product offered as performed by a independent third party laboratory certified by the appropriate Environmental State Agency. The laboratory analysis provided will be reviewed by the City Lab to determine suitability for the City.

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.

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. Background

It is imperative that the City of Phoenix Water Services Department (WSD) has a reliable supply of water and wastewater treatment chemicals that are National Sanitation Foundation (NSF) certified and meets the latest American Water Works Association (AWWA) standards.

All materials, equipment, supplies, chemicals or products that come into contact with drinking water or drinking water treatment chemicals shall conform to American National Standards

Institute/National Sanitation Foundation (NSF) standards 60 and/or 61 as evidenced by certification from either Underwriters Laboratories or NSF International. Proof of this certification should be provided with the bid submittal and must be provided with every product shipment.

The successful bidder must be able to work with the City to address water quality issues which may arise during the life of the contract, and applicable to the chemical being provided.

3.2. Purpose

For the supply of Silica Dioxide on an as-needed basis.

3.3. Chemical Specifications

A. Sand shall be Manley Bros, Grade #80 or an equivalent product that meets the following criteria:

1. NSF Certified

2. 114 micron effective size

3. Coefficient of Uniformity < 1.7

4. Silica content equal to or greater than 95%

5. Effective size = D10 = µ. 10% passing

6. Minimal size = D1 =2/3 * D10 = 76.00 microns

7. Maximum size =D90 =2 * D10 =228 microns

8. Coefficient of Uniformity = µ. 60% passing / µ. 10% passing

3.4. Contractor Requirements

A. Prices shall be provided per active pound, 100% dry weight equivalent and per gallon unless otherwise noted. Invoices must reflect price per pound or other unit of measure as listed on the Price Proposal document.

B. A certificate of accurate analysis (product concentration level) specific to each delivery must accompany every delivery.

C. Product sampling and testing shall be in accordance with procedures outlined in AWWA

Standard B-501 (latest edition). Should the City's analysis not agree with Contractor, the

City reserves the right to obtain an independent laboratory analysis. Results of this analysis will be considered the final basis for billing or billing adjustments. If a shipment fails to meet the applicable percentage of active chemical or other specifications, including the lack of appropriate NSF certification stamps on all Bills of Lading, the delivery will be rejected and Contractor will be notified.

D. The Contractor must be able to work with the City to address water quality issues which may arise during the life of the contract, and applicable to the chemical being provided.

E. The Contractor shall ensure that all materials, equipment, supplies, or products that come into contact with drinking water or drinking water treatment chemicals conform to the standards as outlined in this document.

F. NSF certification is required for the use of water and wastewater treatment chemicals.

During the certification process, the Contractor shall demonstrate that the chemical will not cause health issues.

G. Certified quality analysis of the product as performed by an independent third party laboratory that is certified by the appropriate Environmental Protection Agency (EPA) authority.

H.

I. Contractor shall remain in compliance with all DOT, EPA and OSHA requirements for delivering and handling hazardous materials. The Phoenix Fire Department may require periodic inspections of the Contractor's facilities throughout the duration of the contract.

If the contractor is found not to be in compliance with the applicable laws or regulations, the City reserves the right to terminate the contract.

J. All applicable U.S. Department of Transportation, EPA and OSHA regulations shall be adhered to. The delivery truck shall carry appropriate personal protection equipment

(PPE). Failure to adhere to these laws and regulations may result in a termination of the contract.

K. All chemicals will be inspected before acceptance by an authorized representative of

WSD for conformance to all requirements of this specification.

L.

M. Should deficiencies be found, it shall be the responsibility of the Contractor to remove the product in question, make necessary corrections, and then replace the product to

WSD for re-inspection and acceptance at no additional expense or obligation to the City.

N. Contractor to deliver to all of the City of Phoenix locations (greater Phoenix area) as identified on each purchase order.

O. POSITIVE TRAIN CONTROL (PTC) REQUIREMENTS

PTC requirements on January 1,2016, primarily consisting of US Department of

Transportation – Federal Railroad Administration Title 49 Code of Federal Regulations

Part 236, Subpart I. FRA published final rule amendments on September 27,2010 and on

May 14,2012 or current. Contractor must work with the City on PTC transportation issues which may arise during the life of the contract and provide alternate transportation

3.5. Pre-Delivery Requirements

A. Upon arrival at the WSD location specified on the purchase order, the Contractor’s

Driver (Driver) shall check-in with guard at the security gate and present the delivery receipt, SDS, and other paperwork to City personnel.

B. If the Driver is expected to be late, the Driver shall contact the specified site.

C. For lift stations: A minimum of one hour prior to delivery Contractor shall call 602-534-

7640 to notify of upcoming delivery. If no answer at the first number Contractor shall try

(in listed order) 602-495-7946, or 602-283-8377, or 602-723-6001 until answered.

3.6. Delivery Requirements for Non-Aqueous Chemicals

A. Delivery is required within the timeframes specified by the Contractor in the Pricing

Proposal document. Lead time to be calculated after receipt of a purchase order from authorized WSD staff.

B. The Contractor shall ensure that delivery trucks are dedicated to material being delivered or are thoroughly cleaned to maintain NSF compliance of delivered chemical.

C. The Driver shall check in and out with the security guard at the gate of each facility.

D. The following shall accompany each delivery and be given to the authorized City personnel at each facility receiving the product:

o Certified weight certificate.

o A Safety Data Sheet shall be given to the authorized City personnel at each facility receiving the product.

o A certificate of accurate analysis (product concentration level) generated by the manufacturer and specific to each delivery.

o The bill of lading must show product compliance with NSF requirements.

E. The product on each delivery shall be sampled and tested in accordance with procedures outlined by the AWWA or other applicable organizations.

F. The City may collect a sample to be tested by the City’s Lab to verify the concentration.

The final invoiced price for the delivery is based on the concentration.

G. If the City’s analysis does not agree with the analysis supplied by the Contractor, the

City reserves the right to obtain an independent laboratory analysis. Results of this analysis will be considered the final basis for billing or billing adjustments.

H. If a shipment fails to meet the applicable percentage of active chemical or other specifications, including the lack of appropriate NSF certification stamps on all Bills of

Lading, the delivery will be rejected and Contractor will be notified.

I. The Contractor shall adhere to the following Department of Transportation and City of

Phoenix Requirements. The truck tractor and tank trailer(s) utilized for shipment of chemicals, shall be in good condition, shall be pneumatic tired, and must conform to all

Federal, State, County and City regulatory requirements as to licensing, dimensions, weights, safety and all other requirements that may be specified.

J. Hazardous Material Transporters Security Requirements - Upon notification of recommendation of award the successful Offeror must:

1. Affirm, in writing, that the requirements of 49 CFR Part 172.800 and 172.804 regarding Hazardous Material Transportation Security Plan Implementation have been met.

2. Further agree that transportation of any of the chemicals identified in this Contract will not be assigned or subcontracted without the prior written agreement of the City of Phoenix.

K. Hazardous Materials Transportation Security Plan – The Contractor shall have on file with the WSD verification that the shipper and carrier of hazardous materials have each met the requirements of 49 CFR 172.800 and 49 CFR 172.804 for the Hazardous

Materials Transportation Security Plan.

L. Emergency Response Information shall be on file with the WSD. This information will be used in the mitigation of an incident involving hazardous materials and, at a minimum, must contain the following information:

1. The basic description and technical name of the hazardous material as required by

40 CFR 172.202 and 40 CFR 172.203(k).

2. Immediate hazards to health,

3. Risks of fire and health,

4. Immediate precautions to be taken in the event of an accident or incident,

5. Immediate methods for handling fires,

6. Initial methods for handling spills or leaks in the absence of fire; and,

7. Preliminary first aid measures.

M. Emergency response information must be printed legibly in English, be available for use away from the package containing the hazardous material and presented on a shipping paper.

N. The Contractor shall provide an emergency response telephone number, including the area code or International access code, for use in the event of an emergency involving the hazardous material.

O. Contractor will monitor the emergency phone number at all times that the hazardous material is in transit, including storage time, by a person who is either knowledgeable of the hazardous material being shipped and has comprehensive emergency response and incident mitigation information for that material, or has immediate access to a person who possesses such knowledge and information.

P. The emergency response phone number shall be on the shipping paper immediately following the description of the hazardous material.

Q. Contractor shall follow all safety procedures.

R. If a spill should occur, the Driver is responsible for reporting the spill to City staff.

S. The incident shall be noted on the bill of lading and signed and dated by the Driver.

3.7. Unloading Requirement for Non-Aqueous Chemicals

A. The Contractor shall unload the specified chemical(s) at the City’s designated unloading areas, and shall provide all labor, material, equipment, and supplies necessary for unloading at the locations specified.

B. City personnel will monitor the Driver, or other personnel identified by the Contractor, to accept deliveries.

C. Delivery drivers must adhere to the following safety procedures upon arrival at the plant:

1. Check safety devices (shower, eyewash, and communications) for proper operation.

2. Remain in attendance at all times to ensure that unloading/loading is performed to completion.

D. The Driver must be experienced in the transfer procedures and requirements of the specified chemical(s) and completely knowledgeable in the application of any emergency procedures required during operation.

E. Personal Protective Equipment (PPE) must be equipped on delivery trucks and available for use as required by Occupational Safety and Health Administration (OSHA) standards.

F. The Driver shall be equipped with appropriate PPE and clear the area of personnel not appropriately protected.

G. Should the Driver exhibit or experience symptoms of illness such as dizziness, cramps, dryness, etc., the Driver should immediately terminate transfer operations and seek first aid.

3.8. Acceptance Criteria

A. The City of Phoenix Environmental Services Division Process Control Lab will conduct blind adsorptive performance tests which will quantify Total Organic Carbon (TOC) removal performance of the submitted samples in jar tests. These jar tests will simulate the presedimentation, coagulation, flocculation, final sedimentation and filtration treatment processes using local surface water.

B. Fifteen milligrams per liter (mg/I) of submitted PAC will be added to this test water in the jars in the beginning of the presedimentation simulation step and mixed at the speed representative of presedimentation process for one hour, which is a representative contact time of City of Phoenix water treatment plant presedimentation process. The decant/supernatant of the tested water in each jar will then be analyzed for TOC using a

TOC analyzer. Based on the total percentage of TOC removal, the top five PAC samples will then be subjected to coagulation, flocculation, final sedimentation and filtration process simulation.

C. The coagulation, flocculation and final sedimentation simulation will be conducted using the decants/supernatants of the jars from the presedimentation simulation step. The coagulant, coagulant-aid polymer, mixing and settling speeds and durations used in this step will simulate current City of Phoenix water treatment plant practices. The decant/supernatant of each jar will then be filtered through a 1 micron (um) filter and analyzed for TOC. The total percentage TOC removal from the presedimentation and coagulation/flocculation/filtration steps will be used in the Index Value calculation.

D. An Index Value will be computed as follows:

Index Value = (TOC remaining at the end of jar test) x (PAC unit cost per pound)

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 are required to register in the City’s procurePHX Self-Registration System

(https://eprocurement.phoenix.gov/irj/portal) prior to contract execution. Registration is not required at the time of offer submission. However, the City will not execute a contract with any awarded vendor until registration is complete.

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 https://procurement.opengov.com/portal/phoenix https://eprocurement.phoenix.gov/irj/portal agreement or relationship, partnership or formal business organization of any kind, and 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 performing under this

Agreement shall 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 Contractor will ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, national origin, age, or disability. Such action shall 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 Contractor further agrees that this clause will be incorporated in all subcontracts related to this Agreement that involve furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this Agreement.