Various_Metals_Supply.pdf

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Various Metals Supply
Solicitation number
IFB-26-0075
Issued by
Maricopa County, Phoenix City, Arizona

About this file

Invitation for Bid Summary

This Invitation for Bid (IFB-26-0075) is issued by the City of Phoenix Finance Department, Central Procurement Division, seeking qualified suppliers for a citywide contract to provide various metals on an as-needed basis. The contract will support multiple city departments for fabrication, maintenance, and repair of grates, handrails, fences, and related infrastructure. The solicitation includes 129 line items encompassing aluminum sheets and tubing, angle iron, steel bars and plates, rebar, expanded metal, square tubing, stainless steel plates, and miscellaneous metal products with estimated annual quantities ranging from 5 to 105 units per item. A non-mandatory pre-offer conference is scheduled for December 8, 2025, at 2:00 p.m. via Webex. Written inquiries must be received by December 22, 2025, at 2:00 p.m., with sealed offers due January 5, 2026, at 2:00 p.m. The resulting contract will commence on or about July 1, 2026, and continue for five years, with an estimated delivery timeframe of ten days after receipt of order.

Pricing shall be quoted on a firm and fixed basis for the initial one-year contract period, with annual price increase requests permitted upon written submission of supporting documentation with 60 days' notice to the Procurement Officer, subject to City approval. All prices must be quoted F.O.B. destination with payment made net 45 days from invoice or product acceptance, whichever is later; prompt payment discounts or Single Use Account Program enrollment are optional. The contractor must maintain Commercial General Liability insurance with minimum limits of $2,000,000 general aggregate and $1,000,000 per occurrence, Automobile Liability of $1,000,000 combined single limit, and Workers' Compensation coverage at statutory limits. Contractors must meet pre-award qualification requirements including a minimum of three years in business providing the specified goods, maintain local stocking inventory for over-the-counter purchases, provide 24-hour emergency service contact information, and furnish technical references. Award will be made to the lowest responsive and responsible offeror whose offer conforms to all material requirements; the City reserves the right to award by individual line item, by group, or to multiple contractors as determined most advantageous to the City.

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INVITATION FOR BID

IFB-26-0075

VARIOUS METALS SUPPLY

CITY OF PHOENIX

FINANCE CENTRAL PROCUREMENT

251 W. WASHINGTON ST.

PHOENIX, AZ

85003

RELEASE DATE: December 1, 2025

DEADLINE FOR QUESTIONS: December 22, 2025

RESPONSE DEADLINE: January 5, 2026, 2:00 pm

City of Phoenix

INVITATION FOR BID

IFB-26-0075

Various Metals Supply

1. INTRODUCTION

2. INSTRUCTIONS

3. SCOPE OF WORK

4. EVALUATION PROCESS

5. STANDARD TERMS AND CONDITIONS

6. SPECIAL TERMS AND CONDITIONS

7. DEFENSE AND INDEMNIFICATION

8. INSURANCE REQUIREMENTS

9. SUBMITTALS

10. PRICING PROPOSAL

Attachments:

AA - Supplemental Terms And Conditions To All Airport Agreements (Rev. 5-22-24-Formatting

Rev. 7-11-24)

BB - Sensitive Security Information Acknowledgement Form

Invitation For Bid #IFB-26-0075 Title: Various Metals Supply

1. Introduction

1.1. Contact Information

William Langbehn

Finance Central Procurement

Email: william.langbehn@phoenix.gov

Phone: (602) 495-7237

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 (William Langbehn) at (602) 495-7237/Voice or 711/TTY, or william.langbehn@phoenix.gov, no later than two (2) weeks prior to the meeting.

Solicitation Issue Date: December 1, 2025

Pre-Offer Conference (Non-Mandatory): December 8, 2025, 2:00pm

The Pre-Offer Conference will be held on

Webex.

Join from the meeting link https://cityofphoenix.webex.com/cityofphoen ix/j.php?MTID=m9abde31eb7f229c36de510

3db17049c6 [cityofphoenix.webex.com]

Join by meeting number

Meeting number (access code): 2339 097

Meeting password: 7cpPD4MQDm3

Tap to join from a mobile device (attendees only)

+1-415-655-0001,,23390976640## US Toll

Join by phone

+1-415-655-0001 US Toll

Global call-in numbers

[cityofphoenix.webex.com]

Join from a video system or application

Dial

23390976640@cityofphoenix.webex.com

You can also dial 173.243.2.68 and enter your meeting number.

Need help? Go to https://help.webex.com

[help.webex.com]

Written Inquiries Due Date: December 22, 2025, 2:00pm

Offer Due Date: January 5, 2026, 2:00pm

Please note: registration or RSVP to participate in the Pre-Offer Conference is required in order to obtain the Pre-Offer Conference meeting information. An Offeror who wishes to join the Pre-

Offer Conference for this solicitation is required to register using the weblink or access code provided prior to the meeting. Upon completion of registration, the Pre-Offer Conference meeting information will be forwarded to the registered email address.

https://cityofphoenix.webex.com/cityofphoenix/j.php?MTID=m9abde31eb7f229c36de5103db17049c6 https://cityofphoenix.webex.com/cityofphoenix/j.php?MTID=m9abde31eb7f229c36de5103db17049c6 https://cityofphoenix.webex.com/cityofphoenix/j.php?MTID=m9abde31eb7f229c36de5103db17049c6 http://cityofphoenix.webex.com/ http://cityofphoenix.webex.com/ mailto:23390976640@cityofphoenix.webex.com http://173.243.2.68/ https://help.webex.com/ http://help.webex.com/

2. Instructions

2.1. 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 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.

2.2. Fixed Offer Price Period

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

2.3. Delivery

Delivery is an important consideration and will be a factor in determining the award. A delivery time after receipt of order (ARO) must be stated in definite terms. Should there be variations in delivery times by item, the submittal should be clear concerning these variations.

2.4. Pre-Offer Meeting

Offerors may attend the pre-offer meeting via Cisco WebEx at the date and time listed in the schedule of events. Please register for this meeting by emailing the Procurement Officer listed on the front page.

2.5. 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/186371. 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, Finance Department, Central Procurement Division, 251 W Washington Street, 8th Floor, Phoenix, AZ 85003. It is the Offeror’s responsibility to check the City's Procurement Portal, read the entire solicitation, and verify all required information is submitted with their Offer.

2.6. 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.

2.7. 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.

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.

https://procurement.opengov.com/portal/phoenix/projects/186371

2.8. 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.

2.9. 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.

2.10. 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.

2.11. 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/186371. 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.

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.

https://procurement.opengov.com/portal/phoenix/projects/186371 https://procurement.opengov.com/signup https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed

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.

2.12. 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.

2.13. 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/186371 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.

2.14. Pre-Award Qualifications

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

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

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

2.15. Minimum Qualifications

The qualified and responsive Offeror must meet all minimum qualifications listed below. Should an Offeror fail to meet one of the minimum qualifications identified, the Offer will be disqualified as non-responsive.

Pre-Award Qualifications for years of experience. (Please Reference 2.14. Pre-Award

Qualifications) https://procurement.opengov.com/portal/phoenix/projects/186371

2.16. 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.

2.17. 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.

2.18. 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.

2.19. 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.

2.20. 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.

2.21. 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.

2.22. 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.

2.23. 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.

2.24. 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.

3. Scope of Work

3.1. SCOPE

A. The City of Phoenix (City) is seeking bids from qualified suppliers to establish a citywide contract for the supply of various metals. This contract will support multiple city departments and ensure a consistent and reliable supply of metals for various projects and maintenance needs.

B. Contractor(s) shall provide various metals on an as-needed basis, in accordance with the provisions and specifications contained herein.

C. Metal products are used to fabricate, maintain and/or repair various grates, handrails, fences, etc., as needed, citywide.

3.2. OBJECTIVES

A. The primary objectives of this contract are to:

1. Ensure a steady and reliable supply of various metals.

2. Achieve cost savings through bulk purchasing.

3. Maintain high-quality standards for all supplied metals.

4. Foster a competitive and transparent bidding process.

3.3. CONTRACTOR REQUIREMENTS

The Contractor shall:

A. Provide customer service to assist the City of Phoenix with account issues including, but not limited to, return policies, after hours service, post-sales support, out of stock items, and order tracking, and resolution of customer disputes within twenty-four hours of receipt of an email, phone call, or voicemail communication.

B. Provide a contract representative (specialist) who shall be the main point of contact for the City of Phoenix and who shall be knowledgeable about all aspects of the contract, will handle contract administration requests, and solve problems that may arise. The specialist must have received direct training from the manufacturer and must have an in-depth knowledge of all items provided in this bid. The specialist must also have the ability and authority to provide both normal and emergency customer service as necessary.

C. Designate an alternate contact when the contract representative (specialist) is unavailable.

D. Provide all customer service at no cost to the City.

E. Meet all related regulatory and safety standards.

F. Adhere to all federal, state, county, and city, rules, regulations, and standards.

G. Ensure that the Contractor, as well as any subcontractors, fulfills its duties and responsibilities under the Contract and delivers the required products and services.

H. Be responsible for notifying the City Contract Manager/Monitor in writing of any shortage of any products listed in the agreement, within forty-eight hours of becoming aware of an upcoming shortage. The written notification can be emailed directly to the City’s Contract

Manager/Monitor for this contract. The Contractor shall disclose all known information to the City, to include the dates of availability projections.

I. Provide, upon request, electronic reports of inventory status and new acquisition recommendations.

J. Be an authorized dealer/reseller, authorized distributor, and/or the manufacturer of products and services being offered under this contract. Provide necessary documentation affirming their status upon request by the City.

3.4. SPECIFICATIONS

A. Material requirements change from day-to-day, however; an estimated quantity based on historical annual utilization is provided below in ESTIMATED QUANTITY

PROJECTIONS.

B. On occasion, Departments may require additional literature regarding material specifications from vendors which shall be provided next business day.

C. Contractor shall be required to provide their own equipment to unload the shipment at the designated City of Phoenix locations.

D. The Contractor shall provide only requested/ordered products. The City will not accept deviations from industry standard.

E. The City of Phoenix will not accept any diverted products or gray market products. All offerors are responsible for ensuring that they are an authorized distributor of their products.

F. The Contractor shall deliver all products as ready to be used.

G. Delivered products in the same packaging and condition as shipped from the manufacturer with 100% new materials. Opened packages, or packages with visible tampering will not be accepted by the City of Phoenix.

H. All products shall be new products that have not been used to any degree prior to being purchased by the City of Phoenix. Visible damage to any products shall be refused by the City.

I. Immediately replace damaged products. Contractor will issue a Return Merchandise

Authorization (RMA) number within twenty-four hours of City Contract Manager/Monitor’s request. Failure to provide the RMA number will delay payment.

3.5. ESTIMATED QUANTITY PROJECTIONS

Contract

Item #

Product Description Annual Est.

QTY & UOM

1 ALUMINUM 5052 SHEETS 4’ X 8’ X 1/8” 5.00 EA

2 ALUMINUM 5052 SHEETS 4’ X 8’ X 3/16” 5.00 EA

3 ALUMINUM 5052 SHEETS 4’ X 10’ X 1/8” 5.00 EA

4 ALUMINUM 5052 SHEETS 4’ X 10’ X 3/16” 5.00 EA

5 ALUMINUM 5052 SHEETS 5’ X 8’ X 3/16” 5.00 EA

6 ALUMINUM 5052 SHEETS 5’ X 10’ X 3/16” 5.00 EA

7 ALUMINUM EMBOSSED THREAD PLATE 4’ X 10’ X 1/8” 5.00 EA

8 ALUMINUM EMBOSSED THREAD PLATE 4’ X 8’ X 1/8” 5.00 EA

9 ALUMINUM EMBOSSED THREAD PLATE 5’ X 10’ X 1/8” 5.00 EA

10 ALUMINUM THREAD PLATE 4’ X 10’ X .90” 5.00 EA

11 ALUMINUM THREAD PLATE 4’ X 10’ X 1/8” 5.00 EA

12 ALUMINUM THREAD PLATE 4’ X 8’ X .90” 5.00 EA

13 ALUMINUM THREAD PLATE 4’ X 8’ X 1/8” 5.00 EA

14 ALUMINUM THREAD PLATE 5’ X 10’ X 1/8” 5.00 EA

15 ALUMINUM TUBING 1” X 1” X 1/8” X 25’ 5.00 EA

16 ALUMINUM TUBING 1” X 2” X 1/8” X 25’ 5.00 EA

17 ALUMINUM TUBING 1” X 3” X 1/8” X 25’ 5.00 EA

18 ALUMINUM TUBING 1” X 4” X 1/8” X 25’ 5.00 EA

19 ALUMINUM TUBING 2” X 2” X 1/4” X 25’ 5.00 EA

20 ALUMINUM TUBING 2” X 2” X 1/8” X 25’ 5.00 EA

21 ALUMINUM TUBING 2” X 2” X 3/16” X 25’ 5.00 EA

22 ALUMINUM TUBING 2” X 3” X 1/4” X 25’ 5.00 EA

23 ALUMINUM TUBING 2” X 3” X 1/8” X 25’ 5.00 EA

24 ALUMINUM TUBING 2” X 3” X 3/16” X 25’ 5.00 EA

25 ALUMINUM TUBING 2” X 4” X 1/4” X 25’ 5.00 EA

26 ALUMINUM TUBING 2” X 4” X 1/8” X 25’ 5.00 EA

27 ALUMINUM TUBING 2” X 4” X 3/16” X 25’ 5.00 EA

28 ANGLE IRON 1 1/2" X 1 1/2" X 3/16" X 20' 10.00 EA

29 ANGLE IRON 1 1/4" X 1 1/4" X 1/8" X 20' 50.00 EA

30 ANGLE IRON 1" X 1" X 1/4" X 20' 50.00 EA

31 ANGLE IRON 1" X 1" X 1/8" X 20' 50.00 EA

32 ANGLE IRON 2" X 2" X 1/4" X 20' 105.00 EA

33 ANGLE IRON 2" X 2" X 1/8" X 20' 50.00 EA

34 ANGLE IRON 2" X 2" X 3/8" X 20' 5.00 EA

35 ANGLE IRON 2 1/2" X 2 1/2" X 1/4" X 20' 25.00 EA

36 ANGLE IRON 2 1/2" X 2 1/2" X 1/2" X 20' 5.00 EA

37 ANGLE IRON 3" X 2" X 1/2" X 20' 5.00 EA

38 ANGLE IRON 3" X 3" X 1/2" X 20' 25.00 EA

39 ANGLE IRON 3" X 3"X 1/4" X 20' 25.00 EA

40 ANGLE IRON 3" X 3" X 3/16" X 20' 5.00 EA

41 ANGLE IRON 4" X 3" X 1/2" X 20' 25.00 EA

42 ANGLE IRON 4" X 4" X 1/2" X 20' 25.00 EA

43 ANGLE IRON 4" X 4" X 1/4" X 20' 25.00 EA

44 CAP WELD ON 2" SCH 40 5.00 EA

45 CHANNEL 3" X 3 3/16" X 20' 5.00 EA

46 CHANNEL 2" X 1" X 3/16" X 20’ 5.00 EA

47 COLD ROLLED STEEL BAR 1/2" X 20' 25.00 EA

48 COLD ROLLED STEEL BAR 1" X 20' 50.00 EA

49 COLD ROLLED STEEL BAR 1 1/4" X 20’ 5.00 EA

50 COLD ROLLED STEEL BAR 1 1/2" X 20’ 5.00 EA

51 COLD ROLLED STEEL BAR 5/8" X 20' 50.00 EA

52 COLD ROLLED STEEL ROUND BAR 1/4" X 20' 5.00 EA

53 COLD ROLLED STEEL ROUND BAR 3/4" X 20' 5.00 EA

54 COLD ROLLED STEEL ROUND BAR 3/8" X 20' 5.00 EA

55 DIAMOND TIP PLATE 4' X 8' X 1/2" 25.00 EA

56 DIAMOND TIP PLATE 4' X 8' X 1/4" 50.00 EA

57 DIAMOND TIP PLATE 5' X 5' X 1/4" W/ 3/8" DIA HOLE IN EACH CORNER 5.00 EA

58 DIAMOND TIP PLATE 5' X 5' X 1/8" W/ 7/16" DIA HOLE IN EACH CORNER 5.00 EA

59 DIAMOND TIP PLATE 6' X 6' X 1/4" W/ 7/16" DIA HOLE IN EACH CORNER 5.00 EA

60 ELBOW 90'S 2" 5.00 EA

61 ELBOW 90'S 1 1/2" 5.00 EA

62 EXPANDED METAL ¾" X 9R 4’ X 8’ 10.00 EA

63 EXPANDED METAL 1 1/2" X 6R 4' X 8' 5.00 EA

64 EXPANDED STEEL FLATTENED 1/2" X #16 4' X 8' 5.00 EA

65 ROUND TUBING 1 1/2" X .120" X 20’ 5.00 EA

66 FLAT BAR STEEL 1/8" X 1 1/2" X 20' 5.00 EA

67 FLAT HR 1/4" X 5' X 5' (4 HOLES PER PLATE W/ A 7/16" DIA HOLE) 5.00 EA

68 FLAT STEEL 1 1/2" X 1/8" X 20' 8.00 EA

69 FLAT STEEL 1 1/2" X 3/16" X 20' 6.00 EA

70 FLAT STEEL 1" X 1/8" X 20' 50.00 EA

71 FLAT STEEL 10 X 1/8" X 20' 5.00 EA

72 FLAT STEEL 1 1/2" X 1/2" X 20' 50.00 EA

73 FLAT STEEL 1 1/2" X 1/4" X 20' 50.00 EA

74 FLAT STEEL 1 1/2" X 1/8" X 20' 5.00 EA

75 FLAT STEEL 2" X 1/2" X 20' 50.00 EA

76 FLAT STEEL 2" X 1/4" X 20' 15.00 EA

77 FLAT STEEL 2" X 1/8" X 20' 10.00 EA

78 FLAT STEEL 2 1/2" X 1/4" X 20' 25.00 EA

79 FLAT STEEL 3" X 1/2" X 20' 5.00 EA

80 FLAT STEEL 3" X 1/4" X 20' 25.00 EA

81 FLAT STEEL 3" X 1/8' X 20' 5.00 EA

82 FLAT STEEL 3" X 3/16 X 20' 5.00 EA

83 FLAT STEEL 3 1/2" X 1/2" X 20' 5.00 EA

84 FLAT STEEL 4" X 1/4" X 20' 5.00 EA

85 FLAT STEEL 4" X 8" X .014IN 5.00 EA

86 FLAT STEEL 4" X 8" X .016IN 5.00 EA

87 FLAT STEEL 5" X 1/4" X 20' 5.00 EA

88 FLAT STEEL 6" X 1/4" X 21' 5.00 EA

89 FLAT STEEL 8" X 1/4" X 22' 5.00 EA

90 METAL MESH 1/4" X 4' X 8' 25.00 EA

91 METAL MESH 1/2" X 4' X 8' 25.00 EA

92 METAL MESH 3/4" X 4' X 8' 5.00 EA

93 METAL MESH 1" X 4' X 8' 5.00 EA

94 MILO STEELE PLATE 4' X 8 1/16" 5.00 EA

95 MILO STEELE PLATE 4' X 8 1/4" 5.00 EA

96 MILO STEELE PLATE 4' X 8 1/8" 5.00 EA

97 PIPE CL350 DI C/L 8'' TJ 5.00 EA

98 ROUND PIPE UNCOATED 1 1/4” SCH 40 21’ 5.00 EA

99 PIPE ROUND UNCOATED 1 1/2" SCH 40 21' 5.00 EA

100 PIPE ROUND UNCOATED 1" .133W 1.3150D S40 21' 5.00 EA

101 PIPE ROUND UNCOATED 2" .154W 2.3750D S40 21' 5.00 EA

102 PIPE ROUND UNCOATED 2" SCH 10 21' 5.00 EA

103 REBAR # 3 3/8" 5.00 EA

104 REBAR 1/2" 50.00 EA

105 REBAR 3/4" 25.00 EA

106 REBAR 5/8" 100.00 EA

107 SHEET METAL SH16 CR 16G 4' X 8' 5.00 EA

108 SQUARE TUBING 1/2" X 1/2" X 1/16" X 20' 75.00 EA

109 SQUARE TUBING 1" X 1" X 1/16" X 20' 50.00 EA

110 SQUARE TUBING 1" X 1" X 1/8" X 20' 75.00 EA

111 SQUARE TUBING 1/2" X 1/2" X 1/16" X 20' 75.00 EA

112 SQUARE TUBING 1 1/ 2" X 1 1/2" X 1/16" X 20' 25.00 EA

113 SQUARE TUBING 1 1/ 2" X 1 1/2" X 1/8" X 20' 75.00 EA

114 SQUARE TUBING 2" X 2" X 1/16" X 20' 25.00 EA

115 SQUARE TUBING 2" X 2" X 1/4" X 20' 25.00 EA

116 SQUARE TUBING 2" X 2" X 1/8" X 20' 75.00 EA

117 SQUARE TUBING 2" X 4" X 1/8" X 20' 25.00 EA

118 SQUARE TUBING 2 1/2" X 2 1/2" X 1/4" X 20' 5.00 EA

119 SQUARE TUBING 2 1/2" X 2 1/2" X 1/8" X 20' 5.00 EA

120 SQUARE TUBING 3" X 1" X .120" X 20' 5.00 EA

121 SQUARE TUBING 3" X 3" X 1/4" X 20' 50.00 EA

122 SQUARE TUBING 3/4" X 3/4" X 1/16" X 20' 25.00 EA

123 SQUARE TUBING 4" X 4" X .120" X 20' 5.00 EA

124 SQUARE TUBING 4" X 4" X 1/4" X 20' 5.00 EA

125 SQUARE TUBING 4" X 4" X 1/2" X 20' 50.00 EA

126 SQUARE TUBING 4" X 4" X 1/8" X 20' 5.00 EA

127 STEEL PLATE 4' X 10’ X 1/2 AR500 5.00 EA

128 STAINLESS STEEL PLATES 4’ X 8’ X 18GA 5.00 EA

129 STAINLESS STEEL PLATES 4’ X 8’ X 22GA 5.00 EA

3.6. DELIVERY

A. Contractor states that item(s) ordered will be delivered within ten (10) days after receipt of order.

B. Deliveries shall be coordinated with the department ordering representative as soon as a delivery date is determined.

C. Special delivery requirements may be requested by the Department at the time of order.

D. Metals must be delivered to various city locations as specified in individual purchase orders.

E. All deliveries must include a packing list detailing the type and quantity of metals supplied.

3.7. QUALITY ASSURANCE

A. The supplier must implement a quality assurance program to ensure all metals meet any specified standards.

B. The City reserves the right to inspect and test the metals upon delivery. Any metals that do not meet the specifications will be rejected and must be replaced at the supplier's expense.

4. Standard Terms and Conditions

4.1. Definition of Key Words Used in the Solicitation

Will, Must, Shall: 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

"Contract Administrator" Shall refer to the contract administrator as designated by the Director.

"Contract Manager" Shall refer to a staff member designated by the Director.

"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.

"PCCD" Phoenix Convention Center Department

“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 https://procurement.opengov.com/portal/phoenix https://www.phoenix.gov/procure

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 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 vendor 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).

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