Variable_Frequency_Drives_(Addendum_#1_Revision).pdf

INVITATION FOR BID

IFB-26-0087

VARIABLE FREQUENCY DRIVES

CITY OF PHOENIX

WATER SERVICES

200 W WASHINGTON STREET

PHOENIX, AZ

85003

RELEASE DATE: August 25, 2025

DEADLINE FOR QUESTIONS: September 4, 2025

RESPONSE DEADLINE: September 15, 2025, 2:00 pm

City of Phoenix

INVITATION FOR BID

IFB-26-0087

Variable Frequency Drives

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-26-0087 Title: Variable Frequency Drives

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: August 25, 2025

Pre-Offer Conference (Non-Mandatory): September 2, 2025, 11:00am

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

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Written Inquiries Due Date: September 4, 2025, 2:00pm

Offer Due Date: September 15, 2025, 2:00pm https://cityofphoenix.webex.com/cityofphoenix/j.php?MTID=m63884a16b0141aa76dec4bf9e087a1fd https://cityofphoenix.webex.com/cityofphoenix/j.php?MTID=m63884a16b0141aa76dec4bf9e087a1fd https://cityofphoenix.webex.com/cityofphoenix/j.php?MTID=m63884a16b0141aa76dec4bf9e087a1fd mailto:23352232777@cityofphoenix.webex.com http://173.243.2.68/

2. Instructions

2.1. Description – Statement of Need

The City of Phoenix invites sealed offers for variable frequency drives for a five-year contract commencing on or about October 1, 2025, 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/190842/. 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/190842 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.

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/190842. 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

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.

https://procurement.opengov.com/portal/phoenix/projects/190842 https://procurement.opengov.com/signup https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed

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/190842 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.

Must be an authorized provider of each manufacturer for which a bid is provided. Submit a letter of authorization to provide service on and sell the appropriate VFD listed on the price proposal document and as listed in the Scope of Work. The letter of authorization is to be unique by each manufacturer name.

https://procurement.opengov.com/portal/phoenix/projects/190842

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. Purpose

The City of Phoenix (City) Water Services Department (WSD) requires variable frequency drives

(VFD’s). VFD’s have various horsepower, ratings, model designations and configurations. WSD requires a provider of manufacturer specific accessories, configuration options and product upgrades available for purchase during the contract term.

3.2. Background

A. The Wastewater Treatment Plants (WWTP), Water Treatment Plants (WTP), lift stations, and remote sites, use VFD’s throughout the water distribution, collection, and purification process. VFD’s allow for the processes at the plants and stations to be adjusted, controlled, and managed efficiently and automatically. The functions and uses of VFD's varies depending on the process, location, and environmental factors where equipment is used.

B. The following VFD manufacturers are currently used by the City:

o Allen Bradley o Eaton / Cutler Hammer o Fuji o GE o Schneider / Square D o Siemens o TECO – Westinghouse o Toshiba o Yaskawa o Benshaw

C. A low voltage range VFD is 600 V or less and a medium voltage range VFD is over

600 V.

D. VFD’s, parts, manufacturer specific accessories, options and upgrades will be installed and maintained by City staff.

E. The City may add, delete or replace VFD's as necessary during the term of the resultant contract.

3.3. Contractor(s) Work Requirements

A. Provide all labor, materials, equipment, supplies, supervision and transportation to supply VFD’s, parts, non-manufacturer accessories, options, and upgrades on an as-needed basis.

B. The Contractor(s) to provide onsite delivery to all Water Services Department locations in the greater Phoenix area.

C. The Contractor(s) will perform warranty related work in accordance with manufacturer’s requirements and standards.

D. The Contractor(s) may provide VFD’s from manufacturers comparable to the manufacturers identified in section 2. Background of the Scope of Work. Any VFD’s from a comparable manufacturer shall be accompanied by technical literature and/or detailed product brochures. The City will be the sole judge as to the acceptability of comparable products offered.

E. All fabrication of VFD’s must meet or exceed WSD Specification 16425, Variable

Frequency Drives, identified in Exhibit A. All materials, electrical, wiring, fittings, fasteners, bolts and miscellaneous hardware shall be properly designed and engineered in accordance with the specifications indicated. All assembly techniques shall be consistent with or exceed industry standards.

F. The Contractor(s) shall be responsible for providing implementation of all final parameters, communication settings, and adjustments in accordance with VFD manufacturer’s specifications and the City’s specifications.

G. The Contractor(s) will be required to contact the City representative upon arrival and departure from the City facility.

H. The Contractor(s) may be required to assist City staff with troubleshooting. WSD to advise when assistance is needed.

I. The Contractor(s) to provide repair services after warranty period has expired. WSD staff to identify need and notify contractor(s) for service.

J. Within 24 hours from the initial request for service from the City representative, Contractor(s) will provide a written, itemized estimate that includes labor and parts, to the

City representative for review and approval.

K. The Contractor(s) shall schedule an inspection with the City representative/Electrical inspector upon completion of work. VFD inspection by City representative/electrical engineer must be completed prior to placing the VFD back into service.

L. The Contractor(s) shall provide technical support and 24-hour telephone support at no additional cost to the City.

M. The Contractor(s) shall have a proper lock-out tag-out procedure. Contractor(s) employees shall be equipped with the proper devices to perform lock-out tag-out procedures. Contractor(s) will submit a written copy of lock-out/tag-out procedure within

10 days of contract award.

N. The Contractor(s) may be required to work in confined spaces and will supply the necessary equipment and supplies to satisfy the confined space entry program including, but not limited to, designated rescue personnel, appropriate fall protection supplies, atmospheric monitors and retrieval systems.

3.4. Contractor(s) Qualifications and quality Assurance:

A. The Contractor(s) shall employ enough certified and/or trained employees per each manufacturer’s requirements to provide VFD’s and the services as outlined in this scope of work. All Contractor(s) employees shall have specific factory, and/or field training in accordance with manufacturer standards.

B. If the City determines that the qualifications of a Contractor(s) employee do not meet

City standards, the City will provide Contractor(s) written notice, and the Contractor(s) shall immediately provide a replacement employee.

C. The Contractor(s) will ensure employees complete on-going training in current and new technology classes that become available for VFD’s. The City may ask for a copy of certifications and training classes attended by Contractor(s) employees.

3.5. Training

A. The Contractor(s) shall provide on-site training to City employees. On site training may be required under the following criteria but not limited to: Replacement of a VFD with a new or different model, new City staff that work with VFD’s are hired, or as an opportunity to ensure alignment with manufacturer requirements.

3.6. Customer Service

A. The maintenance/repair report will be provided in hard copy or electronically and will outline the services rendered including replaced parts, if applicable, and their costs at the time of service.

B. For routine service calls, the Contractor’s representative must respond via phone or email within 24 hours of receipt of a service call. Contractor(s) must start providing on-site services within 48 hours after receiving a purchase order from the City. All work will be completed within 48 hours of receipt of the purchase order unless additional time is required, which must be approved by a City representative.

C. For emergency service calls, the Contractor’s representative must respond via phone or email within 15 minutes of receipt of an emergency service call. The Contractor(s) must start providing on-site services within 2 hours of responding to the call. All work will be completed within 24 hours unless additional time is required, which must be approved by a City representative.

D. Emergency work shall be performed during normal work hours whenever possible;

however, services may be performed on a 24-hour, seven day a week basis including holidays, if deemed necessary by the City.

E. The Contractor(s) will attend in person/onsite meetings as requested by the City representative.

F. All service manuals, parts books, diagrams and schematics shall be provided in either electronic or paper copy as follows:

1. Internet connectivity for the service manuals and parts books are preferred. If not available via the internet, email or flash drive are acceptable. Flash drives are preferred.

2. Provide one (1) electronic copy of the complete wiring diagrams and schematics for the VFD delivered “as built”. Also include the manufacturer’s part numbers.

3. Electronic copies shall be presented in a Word format or text searchable format.

The Contractor(s) shall provide a release that allows the City the right to install the electronic copy to the Water Services Department intranet website. Documents must not include links.

3.7. Standards

A. The Contractor(s) shall comply with applicable regulations including Occupational

Safety and Health Administration (OSHA), VFD manufacturer’s specification and operating procedures, Water Services specification, The National Electrical Code (NEC) requirements, Original Equipment Manufacturer (OEM) specifications, and industry accepted practices.

B. The Contractor(s) shall conform to the City’s safety requirements and National Fire

Protection Association

3.8. Acceptance Criteria

A. All VFD’s deliveries shall be subject to complete inspection by a City representative prior to acceptance. Inspection criteria shall include, but not be limited to, inspection for signs of damage or defects, conformity to the specifications, mechanical integrity, quality, and workmanship.

B. The City shall have up to 10 business days for their inspection.

C. All VFD’s that are unacceptable, shall be picked up by the Contractor(s), corrections shall be made and then returned to the City. The Contractor(s) will bear the expense of picking up and returning the VFD’s to the City.

D. The City will be allowed five (5) business days for re-inspection.

E. All repair work performed by the Contractor(s) shall be guaranteed against defects in materials and workmanship for a 90-day period after acceptance by the City. If a defect occurs during the warranty period, the Contractor(s) shall perform the necessary repairs, at no additional cost to the City.

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 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. Contractor further agrees that this clause will be incorporated in all subcontracts, Contractor agreements or subleases of this agreement entered into by supplier/lessee.

2. For a Contractor with more than 35 employees: 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, and shall 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 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 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. The Contractor further agrees not to discriminate against any worker, employee or applicant, or any member of the public, because of sexual orientation or gender identity or expression and shall ensure that applicants are employed, and employees are dealt with during employment without regard to their sexual orientation or gender identity or expression.

3. Documentation: Suppliers and lessees may be required to provide additional documentation to the Equal Opportunity Department affirming that a nondiscriminatory policy is being utilized.

4. Monitoring: The Equal Opportunity Department shall monitor the employment policies and practices of suppliers and lessees subject to this article as deemed necessary. The Equal Opportunity Department is authorized to conduct on-site compliance reviews of selected firms, which may include an audit of personnel and payroll records, if necessary.

D. Legal Worker Requirements: The City of Phoenix is prohibited by A.R.S. § 41-4401 from awarding a contract to any Contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A). Therefore, Contractor agrees that:

1. Contractor and each subcontractor it uses warrants their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. § 23-214, subsection A.

2. A breach of a warranty under paragraph 1 will be deemed a material breach of the contract that is subject to penalties up to and including termination of the contract.

3. The City of Phoenix retains the legal right to inspect the papers of any Contractor or subcontractor employee who works on the contract to ensure that the Contractor or subcontractor is complying with the warranty under paragraph 1.

E. Health, Environmental, and Safety Requirements: The Contractor’s products, services and facilities will be in full compliance with all applicable Federal, State and local health, environmental and safety laws, regulations, standards, codes and ordinances, regardless of whether or not they are referred to by the City. At the request of City representatives, the Contractor will provide the City:

1. Environmental, safety and health regulatory compliance documents (written safety programs, training records, permits, etc.) applicable to services provided by the

Contractor in this contract.

2. A list of all federal, state, or local (EPA, OSHA, Maricopa County, etc.) citations or notice of violations issued against their firm or their subcontractors including dates, reasons, dispositions and resolutions.

3. The City will have the right, but not the obligation to inspect the facilities, transportation vehicles or vessels, containers and disposal facilities provided by the

Contractor or subcontractor. The City will also have the right to inspect operations conducted by the Contractor or subcontractor in the performance of this agreement.

The City further reserves the right to make unannounced inspections of the

Contractor’s facilities (during normal business hours).

F. Compliance with Laws: Contractor agrees to fully observe and comply with all applicable Federal, State and local laws, regulations, standards, codes and ordinances when performing under this Contract regardless of whether they are being referred to by the City. Contractor agrees to permit City inspection of Contractor’s business records, including personnel records to verify any such compliance.