- Documents
- Evaporative_Cooler_Maintenance_and_Repair.pdf, A - Exhibit A - Cooler Checklist, B - Exhibit B - Performance Record, C - Acceptance Form 2027
- Numeric Id
- 285378
- Document Text
- 1. Introduction
1.1. Contact Information
Audrey Mims
Public Works
Email: audrey.mims@phoenix.gov
Phone: (602) 256-4361
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 (Audrey Mims) at (602) 256-4361/Voice or 711/TTY, or audrey.mims@phoenix.gov, no later than five (5) business days prior to the meeting.
Solicitation Issue Date: September 21, 2026
Pre-Offer Conference (Non-Mandatory): October 2, 2026, 10:00am
Public Works Dept., 2631 S. 22nd Ave., Phoenix, AZ 85009
Site Visit (Non-Mandatory): October 2, 2026, 11:00am
Public Works Dept., 2631 S. 22nd Ave., Phoenix, AZ 85009
Written Inquiries Due Date: October 7, 2026, 11:00am
Offer Due Date: October 15, 2026, 11:00am
2. Instructions
2.1. Description – Statement of Need
The City of Phoenix invites electronic offers for Evaporative Cooler Maintenance and Repair.
The Effective Date of this Agreement will be upon final signature and recording by the City Clerk’s department.
The Commencement Date of this Agreement will be upon January 18, 2027 or the Effective Date, whichever is later.
The term of this Agreement will be for three (3) years, beginning on the Commencement Date, with two 1-year options which may be exercised by the City in its sole discretion.
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:
Consider applicable laws and/or economic conditions that may affect cost, progress, performance, or furnishing of the products or services.
Study and carefully correlate Offeror’s knowledge and observations with the solicitation and other related data.
Promptly notify the City of all conflicts, errors, ambiguities, or discrepancies that Offeror has discovered in or between the solicitation and other related documents.
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.
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.
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.
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/285378. Any interested Offerors without internet access may obtain this solicitation by calling the Procurement Officer or picking up a copy during regular business hours at the City of Phoenix, Public Works Department, 200 W. Washington Street, 7th Floor, Phoenix, AZ 85003. It is the Offeror’s responsibility to check the City's Procurement Portal, read the entire solicitation, and verify all required information is submitted with their Offer.
2.5. Exceptions
Offeror must not take any exceptions to any terms, conditions or material requirements of this solicitation. Offers submitted with exceptions may be deemed non-responsive and disqualified from further consideration in the City’s sole discretion. Offerors must conform to all the requirements specified in the solicitation. The City encourages Offerors to send inquiries to the Procurement Officer rather than including exceptions in their Offer.
2.6. Inquiries
All questions that arise relating to this solicitation should be directed via City’s Procurement Portal and must be received by the due date indicated in the Schedule of Events. The City will not consider questions received after the deadline.
No informal contact initiated by Offerors on the proposed service will be allowed with members of City’s staff from date of distribution of this solicitation until after city council awards the contract. All questions concerning or issues related to this solicitation must be presented in writing.
The Procurement Officer will answer written inquiries in an addendum and publish any addenda on the City’s Procurement Portal.
2.7. Addenda
The City of Phoenix will not be responsible for any oral instructions made by any employees or officers of the City of Phoenix regarding this solicitation. Any changes will be in the form of an addendum. The Offeror must acknowledge receipt of any/all addenda through the City's Procurement Portal.
Changes to terms and conditions of the Solicitation and resulting Agreement made pursuant to an addendum shall be memorialized in the Solicitation and resulting Agreement document. To that end, a parenthetical will be added to applicable provision(s) referencing the addendum that imposed the change. The language in the final provision will reflect the updated version.
2.8. Licenses
If required by law for the operation of the business or work related to this Offer, Offeror must possess all valid certifications and/or licenses as required by federal, state or local laws at the time of submittal.
2.9. Certifications
By signature in the Offer section of the Offer and Acceptance page(s), Offeror certifies:
The submission of the Offer did not involve collusion or other anti-competitive practices.
The Offeror must not discriminate against any employee, or applicant for employment in violation of Federal or State Law.
The Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted Offer.
2.10. Submission of Offer
The City of Phoenix Public Works Department is accepting only electronic Offers for this solicitation. Offerors are responsible for submitting the Offer before the due date and time of the solicitation deadline.
The Offeror is responsible for managing potential delays due to delays caused by the Carrier or technical difficulties.
Submission of Offer – Electronic Submission:
Offers shall be submitted electronically via the City’s Procurement Portal by clicking on “Draft Response” via https://procurement.opengov.com/portal/phoenix/projects/285378. 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.
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/285378 within five business days of the offer opening. The City will post the information on the preliminary tabulation as it was read during the offer opening. The City makes no guarantee as to the accuracy of any information on the preliminary tabulation. Once the City has evaluated the offers, the City will post an award recommendation on the City's Procurement Portal. By signing and submitting its Offer, each Offeror agrees that this posting of the award recommendation to the City's Procurement Portal effectively serves as the Offeror’s receipt of that notice of award recommendation. The City has no obligation to provide any further notification to unsuccessful Offerors.
2.13. Pre-Award Qualifications
Offeror must have been in operation a minimum of five (5) years. The Offeror’s normal business activity during the past five (5) years will have been for providing the goods or services in this solicitation. This information must be provided in Vendor Questionnaire section, under Years in Business and References form of this solicitation.
Offeror must provide the certification earned by any technicians that will be performing work under the resulting contract.
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.
Factors that may be considered by the City include:
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,
Demonstrated availability of the necessary manpower (both supervisory and operational personnel) and necessary equipment to accomplish the scope of work in the Solicitation; and,
Safety record; and,
Offeror history of complaints and termination for convenience or cause.
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.
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. Site Inspection
A one-time walk-through site inspection tour will be conducted at the date and time indicated in the Schedule of Events. Submission of an offer will be prima facie evidence that the Offeror did, in fact, make a site inspection and is aware of all conditions affecting performance and offer prices.
2.22. 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.
2.23. 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.
2.24. 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
3.1.1 The City of Phoenix Public Works Department requires services from a Contractor experienced in providing full service evaporative cooler preventative maintenance and repair services.
3.1.2 The City reserves the right to make multiple awards based on the groupings identified in the Price Schedule.
3.2. CONTRACTOR EXPERIENCE/QUALIFICATIONS
3.2.1 Contractor employees performing maintenance must have a minimum of five (5) years of experience in evaporative cooler systems service and installation. Contractor will ensure that personnel are skilled in their respective lines of work performance.
3.2.2 Contractor must be licensed with the Arizona Registrar of Contractors (AROC) to perform the required services. Contractor will maintain a current license with AROC for the duration of the contract.
3.2.3 Contractor must submit the certification earned by any technicians that will be performing work under the resulting contract from one (1) of the training programs listed below. The certification must be provided with the bid submittal.
3.2.3.1 Air-Conditioning and Refrigeration Institute (ARI)
3.2.3.2 Air Conditioning Contractors of America (ACCA)
3.2.3.3 American Society of Heating, Refrigeration, Air Conditioning Engineers (ASHRAE)
3.2.3.4 Council of Air-Conditioning and Refrigeration Educators (CARE)
3.2.3.5 Heating, Air Conditioning & Refrigeration Distributors International
(HARDI)
3.2.3.6 Plumbing, Heating, Cooling Contractors (PHCC)
3.2.3.7 Electric League of Arizona (ELA)/Arizona Heat Pump Council Continuing Education (HPC)
3.2.3.8 North American Technician Excellence (NATE)
3.3. APPLICABLE STANDARDS
The Contractor will be responsible for complying with the Phoenix Building Safety Codes, the City of Phoenix Fire Code, mechanical, electrical, and all other governing codes, permits, rules, laws, regulations and statutes pertaining to the work being performed.
3.4. CITY DEPARTMENT CONTRACT REPRESENTATIVE (CDCR)
3.4.1 The CDCR is the City employee for each department using the resulting contract who has been specifically designated to act as the contact person to the Contractor and is responsible for monitoring and overseeing the Contractor's performance under this contract.
3.4.2 The CDCR or their designee will coordinate all work and will be the sole judge concerning acceptability and quality of work. Should it appear that there is a real or apparent discrepancy between different sections of specifications concerning nature, quality or extent of work to be furnished, the Contractor will adhere to the more stringent requirement. The final decision will be made with the CDCR. The CDCR will be consulted on any concerns and issues arising during the performance of work under the resulting contract and their decision will be final and binding.
3.5. CONTRACTOR RESPONSE TIMES
3.5.1 Contractor will call CDCR within one (1) hour of written or verbal notification with an estimated onsite arrival time. Contractor will be onsite per the following requirements:
3.5.1.1 Same Day Service: Within 24 hours of written or verbal notification
3.5.1.2 Regular Service Call: Within 48 hours of written or verbal notification
3.5.1.3 Emergency Response: Within 2 hours of written or verbal notification
3.6. CONTRACTOR MINIMUM PERFORMANCE REQUIREMENTS
3.6.1 The Contractor will provide all labor, materials, supplies, equipment, associated parts, supervision, transportation, and all overhead burdens associated with the cost to perform full service preventative maintenance, cleaning, repair, replacement, when deemed necessary, on an array of evaporative coolers to include all associated parts for a variety of manufacturers, to ensure safe and continuous operation of coolers.
The Contractor is responsible for all power to include the line and control voltage up to but not including the breaker supplying the equipment. The Contractor is also responsible for all controls associated with the cooler operation.
3.6.2 The only items excluded from “Full Service” will be the replacement of entire coolers or wet sections.
3.6.3 Contractor will make every attempt necessary to ensure cooler is operational.
3.6.4 Contractor will have a minimum of six (6) journeyman assigned to the service facilities listed herein. Contractor will be responsible for reactive calls during the summer months and must have access to additional staff as required.
3.6.5 Contractor will carry sufficient supply of repair parts and equipment to perform routine service, and repairs to brand types and models on the Price Schedule. Supplies may include all tools, safety equipment, wet-dry vacuums, hoses, water nozzles, brooms, chemicals, squeegees, lock-out/tag-out kits, etc. necessary to properly clean and maintain evaporative coolers.
3.6.6 Contractor will be responsible to source all parts and components necessary to repair evaporative coolers.
3.6.7 Contractor will use new Original Equipment Manufacturer (OEM) or equivalent replacement parts and components. If Contractor decides to use an equivalent part or component, the City will determine if the part or component is an actual equivalent. The Contractor will warrant all parts, installation and repairs for a minimum of one year. Contractor will warrant workmanship for the length of time as required by the Arizona Registrar of Contractors.
3.6.8 Contractor will follow and conform to all work methods, safety procedures and operations of best standards and practices of the trade or trades involved in service maintenance and repair.
3.6.9 Contractor will correct all hazards to employees or the public immediately per Occupational Safety and Health Administration (OSHA) regulations and standards.
3.6.10 Contractor will keep premises clean of rubbish and debris generated by the work involved and will dispose of all surplus material, rubbish and debris at contractor’s expense. The work area will be cleaned at the end of each workday. The City will be the sole determiner of what is clean.
3.6.11 Contractor will remove or safely store tools, materials and equipment before leaving the site. In the event that Contracted technician needs to leave the work site in order to obtain parts or for any other reason, Contractor will secure the cooler panels and place ancillary parts inside the cooler prior to departure.
3.6.12 The City will not be responsible for theft or damage to Contractor’s property.
3.6.13 Contractor will make necessary repairs in such a manner that does not damage City property. In the event that damage occurs to City property, or any adjacent property by reason of any repairs or installations performed under this contract, the Contractor will repair or replace the same at no cost to the City. If damage caused by the Contractor has to be repaired or replaced by the City, the cost of such work will be deducted from monies due the Contractor.
3.6.14 Contractor will submit invoices to the City for all work performed under this contract which will include the location, a description of the work performed, the contracted labor rate, number of labor hours, any parts replaced, and the required information in Section 5, Paragraph 5.5, Method of Invoicing.
3.6.15 Replacement of Cooler or Wet Section:
3.6.16.1 If replacement of a cooler or wet section is required, the hourly rate will commence upon the Contractor’s arrival at the jobsite. No travel time will be allowed under this contract. The Contractor will notify the CDCR at the location upon arrival and upon completion of each service request. Contractor will provide a quote for the work, which must be approved by the CDCR prior to beginning work.
3.6.16.2 The Contractor’s quote will include:
3.6.16.2.1 Name and address of service location
3.6.16.2.2 Description of services
3.6.16.2.3 Specialized equipment (if applicable)
3.6.16.2.4 Number of labor hours x Labor Rate
3.6.16.2.5 Cost of Equipment
3.7. TECHNICAL REQUIREMENTS
3.7.1 SPRING STARTUP SERVICES
3.7.1.1 Beginning January 1st and to be completed by March 1st of each year, Contractor will conduct proper spring startup services which includes the following:
Inspect entire cooler for rust, corrosion, or structural damage
Thoroughly clean all water basins, wet sections, CelDek® pads and blower sections of all dirt and mineral buildup
Replace aspen pads
Replace CelDek® pads as needed
Replace and adjust float valve
Check for water supply line leaks and repair as necessary - Contractor will be responsible for maintaining water line between the supply valve and the float valve.
Replace V-belt(s). Lubricate all bearings (where applicable) replace as necessary
Inspect for proper belt tension and adjust alignment as necessary
Inspect motor, check current draw and bearings for excessive end play. Ensure motor amperage is within manufacturers specifications. Replace, if necessary.
Inspect pulleys and sheaves for wear and replace as needed
Clean pump and basket, inspect pump and replace as needed
Verify drain line is open and clear
Ensure cooler bleed offs are operational, adjust for proper bleed-off and secure bleed-offline. Ensure clean machines are utilized in the absence of bleed-offline
Clean and adjust water distributors to achieve proper pad flow rate
Ensure no water leaks and no water is carrying over into dry section
Ensure all panels are properly secured
Rate Condition of equipment Good, Fair, or Bad. Provide listing of all coolers identified as bad on an excel spreadsheet and provide to CDCR.
3.7.2 MID-SEASON MAINTENANCE
3.7.2.1 Beginning June 1st and to be completed by July 31st of each year, Contractor will conduct proper mid-season maintenance which includes the following:
Thoroughly clean all water basins, wet sections, CelDek® pads and blower sections of all dirt and mineral buildup
Replace aspen pads if needed
Inspect/ Replace CelDek® pads as needed
Clean and adjust water distributors to achieve proper pad flow rate
Inspect Float for proper level and operation. Replace if needed
Check for water leaks on supply line and ensure coolers not overflowing into drain line or outside of cooler.
Clean pump and basket, inspect pump and replace as needed
Verify drain line is open and clear
Ensure cooler bleed-offs are operational, adjust for proper bleed-off and secure bleed-off-line. Ensure clean machines are utilized in absence of bleed off-line
Ensure no water leaks and no water is carrying over to the dry section
Lubricate all bearings (where applicable) replace as necessary
Inspect for proper belt tension and replace belt if needed
Inspect motor, check current draw and adjust / replace if needed
Inspect pulleys and sheaves for wear and replace as needed
Ensure all panels are properly secured
Rate Condition of equipment Good, Fair, or Bad. Provide listing of all coolers identified as bad on an excel spreadsheet and provide to CDCR
3.7.3 FALL SHUTDOWN SERVICES
3.7.3.1 Beginning November 1st and to be completed by December 31st of each year, the Contractor will perform the following fall shutdown services which includes the following:
Shut off supply water
Disconnect water supply line at float valve
Disconnect water pump electrical supply
Drain and flush water reservoir
Ensure blowers are operational from January through March to provide supplemental air flow
Rate Condition of equipment Good, Fair, or Bad. Provide listing of all coolers identified as bad on an excel spreadsheet and provide to CDCR.
Generate a parts list of all materials needed for Spring Start up. Parts to include (CelDek, floats, belts, pumps, pump baskets, bearings, pullies, motors, sheaves, etc.
3.7.3.2 Additional service calls will be the responsibility of the Contractor. These services will be offered at no additional cost to the City.
3.7.3.3 Contractor will inform the CDCR immediately of any of the following instances:
Complete cooler replacement
Wet section replacement
Need for water supply valve replacement
3.8. COOLER CHECKLIST
Contractor will use and complete the Cooler Checklist (Exhibit A) at each scheduled visit and will email it to the CDCR within two (2) business days.
3.9. HEALTH AND SAFETY
3.9.1 Contractor’s on-site personnel will possess Safety Data Sheets (SDS) for all products and chemicals used on the jobsite. Contractor will comply with all state and federal laws concerning handling of hazardous materials.
3.9.2 Contractor must follow proper lock-out/tag-out procedures when taking any piece of equipment out of service for maintenance or repair.
3.9.3 Contractor will be responsible for providing all necessary safety equipment required to complete the work specified in the contract. The proper use of the required safety equipment will be the sole responsibility of the Contractor.
3.10. EMERGENCY SERVICE
3.10.1 Contractor will respond to every telephone call or email within one hour. Contractor will have sufficient staff respond on-site within two hours of initial notification to an emergency. Examples of emergency call-outs may include, but are not limited to:
3.10.1.1 An emergency will be declared if a delay in service would result in damage to either the facility or equipment.
3.10.1.2 An emergency will be declared if equipment is not capable of maintaining proper cooling of occupied facilities as a result of missed routine service.
3.10.1.3 If the system is operational, but imminent equipment failure is apparent to City personnel, an emergency may be declared.
3.10.1.4 Standing water that presents a slipping hazard or possibility of insect infestation.
3.10.1.5 The City, at its sole discretion, will determine an emergency service.
3.11. WORK HOURS
3.11.1 Regular business hours will be Monday–Friday, 6:00 a.m. to 5:00 p.m., excluding City observed holidays.
3.11.2 Emergency after-hours service will be Monday - Friday, 5:01p.m. - 5:59a.m., Saturday, Sunday, and City observed holidays.
3.12. WORK ORDERS
Contractor will be issued a work order number for service calls. Contractor will use work order ticket to document equipment findings and work completed. The work order ticket will serve as a communication tool between the Contractor staff and the City and the service report must be returned to the CDCR for all individual work orders. Contractor will email the CDCR a copy of the completed work order within five (5) business days of completed work.
3.13. SUBCONTRACTORS
Nothing contained in the specifications will be construed as creating any contractual relationship between any Subcontractor and the City. Contractor will not subcontract or use any other party to perform services without prior written authorization from the CDCR. If approved by the CDCR, the Subcontractor must meet the same experience, insurance, security, and City badging requirements and the cost for badging will be borne by the Contractor. It is the Contractor’s responsibility to verify this information for its Subcontractors and will provide information to the CDCR, if requested. Contractor’s use of a Subcontractor or other party to perform services shall not relieve or release the Contractor from their duties, liabilities, or obligations under the contract. Subcontractor will be responsible for submitting their invoices to the Contractor.
3.14. CONTRACT MONITORING
During the contract term, the City will conduct contract monitoring that will include evaluating Contractor performance and to ensure the delivery of goods and services are provided in accordance with the contract terms. See sample of Exhibit B – Performance Record.
4. Standard Terms and Conditions
4.1. Definition of Key Words Used in the Solicitation
Shall, Will, Must: Indicates a mandatory requirement. Failure to meet these mandatory requirements may result in the rejection of Offer as non-responsive.
Should: Indicates something that is recommended but not mandatory. If the Offeror fails to provide recommended information, the City may, at its sole option, ask the Offeror to provide the information or evaluate the Offer without the information.
May: Indicates something that is not mandatory but permissible.
For purposes of this solicitation, the following definitions will apply:
“A.R.S.” Arizona Revised Statute
“Buyer” or “Procurement Officer” City of Phoenix staff person responsible for the solicitation. The City employee or employees who have specifically been designated to act as a contact person or persons to the Contractor, and responsible for monitoring and overseeing the Contractor's performance under this contract.
"City" The City of Phoenix
"Contractor" The individual, partnership, or corporation who, as a result of the competitive process, is awarded a contract by the City of Phoenix.
"Contract” or “Agreement" The legal agreement executed between the City of Phoenix, AZ and the Contractor.
“Days” Means calendar days unless otherwise specified.
“Chief Procurement Officer” The contracting authority for the City of Phoenix, AZ, authorized to sign contracts and amendments thereto on behalf of the City of Phoenix, AZ.
“Employer” Any individual or type of organization that transacts business in this state, that has a license issued by an agency in this state and employs one or more employees in this state. Employer includes this state, any political subdivision of this state and self-employed persons. In the case of an independent contractor, employer means the independent contractor and does not mean the person or organization that uses contract labor. (A.R.S. 23-211).
“Offer” Means a response from a Supplier, Contractor, or Service Provider to a solicitation request that, if awarded, binds the Supplier, Contractor, or Service Provider to perform in accordance with the contract. Same as bid, proposal, quotation or tender.
“Offeror” Any Vendor, Seller or Supplier submitting a competitive offer in response to a solicitation from the City. Same as Bidder or Proposer.
“Solicitation” Means an Invitation for Bid (IFB), Request for Proposal (RFP), Request for Quotations (RFQ), Request for Qualifications (RFQu) and request for sealed Offers, or any other type of formal procurement which the City makes public through advertising, mailings, or some other method of communication. It is the process by which the City seeks information, proposals, Offers, or quotes from suppliers.
“Suppliers” Firms, entities or individuals furnishing goods or services to the City.
“Vendor or Seller” A seller of goods or services.
4.2. City’s Vendor Self-Registration and Notification
Vendors must be registered in the City’s Procurement Portal at https://procurement.opengov.com/portal/phoenix to respond to solicitations and access procurement information.
Vendors are required to register in the City’s procurePHX Self-Registration System (https://eprocurement.phoenix.gov/irj/portal) prior to contract execution. Registration is not required at the time of offer submission. However, the City will not execute a contract with any awarded vendor until registration is complete.
4.3. Business in Arizona
The City will not enter contracts with Offerors (or any company(ies)) not granted authority to transact business, or not in good standing, in the state of Arizona by the Arizona Corporation Commission, unless the Offeror asserts a statutory exception prior to entering a contract with the City.
4.4. Contract Interpretation
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.
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:
Federal terms and conditions, if any
Special terms and conditions
Standard terms and conditions
Amendments
Statement or scope of work
Specifications
Attachments
Exhibits
Instructions to Contractors
Other documents referenced or included in the Solicitation
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.
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.
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.
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
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.
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.
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.
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.
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.
Documentation: Suppliers and lessees may be required to provide additional documentation to the Equal Opportunity Department affirming that a nondiscriminatory policy is being utilized.
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.
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:
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.
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.
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.
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:
Environmental, safety and health regulatory compliance documents (written safety programs, training records, permits, etc.) applicable to services provided by the Contractor in this contract.
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.
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).
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. Because the contractor will be acting as an independent contractor, the City assumes no responsibility for the Contractor’s acts.
Lawful Presence Requirement: Pursuant to A.R.S. §§ 1-501 and -502, the City of Phoenix is prohibited from awarding a contract to any natural person who cannot establish that he or she is lawfully present in the United States. In order to establish lawful presence, this person must produce qualifying identification and sign a City-provided affidavit affirming that the identification provided is genuine. This requirement will be imposed at the time of contract award. In the event the prevailing responder is unable to satisfy this requirement, the City will offer the award to the next-highest scoring responder. The law does not apply to fictitious entities such as corporations, partnerships and limited liability companies.
Continuation During Disputes: Contractor agrees that notwithstanding the existence of any dispute between the parties, insofar as is possible, under the terms of the contract, the Contractor will continue to perform the obligations required of Contractor during the continuation of any such dispute unless enjoined or prohibited by an Arizona Court of competent jurisdiction.
Emergency Purchases: The City reserves the right to purchase from other sources those items which are required on an emergency basis and cannot be supplied immediately from stock by the Contractor.
Electronic Signatures: Electronic signatures are valid under Arizona law. Either or all parties may execute this Agreement by scanned or electronic signature, and any such scanned or electronic signature shall be deemed an original, valid, and binding signature if issued with proper signature authority.
4.6. Costs and Payments
General: Any prompt payment terms offered must be clearly noted by the Contractor on all invoices submitted to the City for the payment of goods or services received. The City will make every effort to process payment for the purchase of material or services within thirty to forty-five calendar days after receipt of a correct invoice, unless a good faith dispute exists to any obligation to pay all or a portion of the account. Payment terms are specified in the Offer.
Payment Deduction Offset Provision: Contractor acknowledges that the City Charter requires that no payment be made to any Contractor as long as there is an outstanding obligation due to the City. Contractor agrees that any obligation it owes to the City will be offset against any payment due to the Contractor from the City.
Late Submission of Claim by Contractor: The City will not honor any invoices or claims which are tendered one year after the last item of the account accrued.
Discounts: If applicable, payment discounts will be computed from the date of receiving acceptable products, materials and/or services or correct invoice, whichever is later to the date payment is mailed.
No Advance Payments: Advance payments are not authorized. Payment will be made only for actual services or commodities that have been received, unless addressed specifically in the Scope of work for subscription services.
Fund Appropriation Contingency: The Contractor recognizes that any agreement entered into will commence upon the day first provided and continue in full force and effect until termination in accordance with its provisions. The Contractor and the City herein recognize that the continuation of any contract after the close of any given fiscal year of the City, which ends on June 30th of each year, will be subject to the approval of the budget of the City providing for or covering such contract item as an expenditure therein. The City does not represent that said budget item will be actually adopted, said determination being the determination of the City Council at the time of the adoption of the budget.
Maximum Prices: The City will not be invoiced at prices higher than those stated in any contract resulting from this Offer. Contractor certifies, by signing this Offer that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions, as applicable and shown by quotes for like services and goods. Contractor further agrees that any reductions in the price of the goods or services covered by this Offer and occurring after award will apply to the undelivered balance. The Contractor will promptly notify the City of such price reductions.
F.O.B. Point: All prices are to be quoted F.O.B. destination, unless specified elsewhere in this solicitation.
4.7. Contract Changes
Contract Amendments: Contracts will be modified only by a written contract amendment signed by persons duly authorized to enter into contracts on behalf of the Contractor. No verbal agreement or conversation with any officer, agent, or employee of the City either before or after execution of the contract, will affect or modify any of the terms or obligations contained or to be contained in the contract. Any such verbal agreements or conversation shall be considered as unofficial information and in no way binding upon the City or the Contractor. All agreements shall be in writing and contract changes shall be by written amendment signed by both parties.
Assignment - Delegation: No right or interest in this contract nor monies due hereunder will be assigned in whole or in part without written permission of the City, and no delegation of any duty of Contractor will be made without prior written permission of the City, which may be withheld for good cause. Any assignment or delegation made in violation of this section will be void.
Non-Exclusive Contract: Any contract resulting from this solicitation will be awarded with the understanding and agreement that it is for the sole convenience of the City. The City reserves the right to obtain like goods or services from another source when necessary.
4.8. Risk of Loss and Liability
Title and Risk of Loss: The title and risk of loss of material or service will not pass to the City until the City actually receives the material or service at the point of delivery; and such loss, injury, or destruction will not release seller from any obligation hereunder.
Acceptance: All material or service is subject to final inspection and acceptance by the City. Material or service failing to conform to the specifications of this contract will be held at Contractor's risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Noncompliance will conform to the cancellation clause set forth in this document.
Force Majeure: Except for payment of sums due, neither party will be liable to the other nor deemed in default under this contract if and to the extent that such party's performance of this contract is prevented by reason of force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Force majeure will not include late performance by a subcontractor unless the delay arises out of a force majeure occurrence in accordance with this force majeure term and condition. If either party is delayed at any time in the progress of the work by force majeure, the delayed party will notify the other party in writing of such delay, as soon as is practical, of the commencement thereof and will specify the causes of such delay in such notice. Such notice will be hand-delivered or mailed certified-return receipt and will make a specific reference to this provision, thereby invoking its provisions. The delayed party will cause such delay to cease as soon as practicable and will notify the other party in writing when it has done so. The time of completion will be extended by contract modification for a period of time equal to the time that results or effects of such delay prevent the delayed party from performing in accordance with this contract.
Loss of Materials: The City does not assume any responsibility, at any time, for the protection of or for loss of materials, from the time that the contract operations have commenced until the final acceptance of the work by the City.
Contract Performance: Contractor will furnish all necessary labor, tools, equipment, and supplies to perform the required services at the City facilities designated, unless otherwise specifically addressed in the scope, or elsewhere in this Agreement. The City's authorized representative will decide all questions which may arise as to the quality and acceptability of any work performed under the contract. If, in the opinion of the City's authorized representative, performance becomes unsatisfactory, the City will notify the Contractor. The Contractor will have 30 days from that time to correct any specific instances of unsatisfactory performance, unless a different amount of time is specified in the agreement. In the event the unsatisfactory performance is not corrected within the time specified, the City will have the immediate right to complete the work to its satisfaction and will deduct the cost to cover from any balances due or to become due the Contractor. Repeated incidences of unsatisfactory performance may result in cancellation of the agreement for default.
Damage to City Property: Contractor will perform all work so that no damage to the building or grounds results. Contractor will repair any damage caused to the satisfaction of the City at no cost to the City. Contractor will take care to avoid damage to adjacent finished materials that are to remain. If finished materials are damaged, Contractor will repair and finish to match existing material as approved by the City at Contractor's expense.
4.9. City's Contractual Rights
Whenever one party to this contract in good faith has reason to question the other party's intent to perform, the former party may demand that the other party give a written assurance of this intent to perform. In the event that a demand is made and no written assurance is given within five days, the demanding party may treat this failure as an anticipatory repudiation of this contract.
Non-Exclusive Remedies: The rights and remedies of the City under this Contract are non-exclusive.
Default in One Installment to Constitute Breach: Each installment or lot of the agreement is dependent on every other installment or lot and a delivery of non-conforming goods or a default of any nature under one installment or lot will impair the value of the whole agreement and constitutes a total breach of the agreement as a whole.
On Time Delivery: Because the City is providing services which involve health, safety and welfare of the general public, delivery time is of the essence. Delivery must be made in accordance with the delivery schedule promised by the Contractor.
Default: In case of default by the Contractor, the City may, by written notice, cancel this contract and repurchase from another source and may recover the excess costs by (1) deduction from an unpaid balance due; (2) collection against the Solicitation and/or Performance Bond, or (3) a combination of the aforementioned remedies or other remedies as provided by law.
Covenant Against Contingent Fees: Seller warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employers or bona fide established commercial or selling agencies maintained by the seller for the purpose of securing business. For breach or violation of this warranty, the City will have the right to annul the contract without liability or in its discretion to deduct from the contract price a consideration, or otherwise recover the full amount of such commission, brokerage or contingent fee.
Cost Justification: In the event only one response is received, the City may require that the Contractor submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the Offer price is fair and reasonable.
Work Product, Equipment, and Materials: All work product, equipment, or materials created or purchased under this contract belongs to the City and must be delivered to the City at City’s request upon termination of this contract. Contractor agrees to assign to City all rights and interests Contractor may have in materials prepared under this contract that are “works for hire” within the meaning of the copyright laws of the United States, including any right to derivative use of the material.
4.10. Contract Termination
Gratuities: The City may, by written notice to the Contractor, cancel this contract if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor, to any officer or employee of the City making any determinations with respect to the performing of such contract. In the event this contract is canceled by the City pursuant to this provision, the City will be entitled, in addition to any other rights and remedies, to recover or withhold from the Contractor the amount of the gratuity.
Conditions and Causes for Termination:
This contract may be terminated at any time by mutual written consent, or by the City, with or without cause, upon giving thirty-day written notice to Contractor. The City at its convenience, by written notice, may terminate this contract, in whole or in part. If this contract is terminated, the City will be liable only for payment under the payment provisions of this contract for services rendered and accepted material received by the City before the effective date of termination. Title to all materials, work-in-process and completed but undeliverable goods, will pass to the City after costs are claimed and allowed. The Seller will submit detailed cost claims in an acceptable manner and will permit the City to examine such books and records as may be necessary in order to verify the reasonableness of any claims.
The City reserves the right to cancel the whole or any part of this contract due to failure of Contractor to carry out any term, promise, or condition of the contract. The City will issue a written notice of default to Contractor for acting or failing to act as in any of the following:
In the opinion of the City, Contractor provides personnel who do not meet the requirements of the contract;
In the opinion of the City, Contractor fails to perform adequately the stipulations, conditions or services/specifications required in this contract;
In the opinion of the City, Contractor attempts to impose on the City personnel or materials, products or workmanship, which is of an unacceptable quality;
Contractor fails to furnish the required service and/or product within the time stipulated in the contract;
In the opinion of the City, Contractor fails to make progress in the performance of the requirements of the contract and/or gives the City a positive indication that Contractor will not or cannot perform to the requirements of the contract.
Contract Cancellation: All parties acknowledge that this contract is subject to cancellation by the City of Phoenix pursuant to the provision of Section 38-511, Arizona Revised Statutes.
4.11. Notice
Any notice, consent or other communication (“Notice”) required or permitted under this Agreement will be in writing and either: (1) delivered in person; (2) sent via e-mail, return receipt requested; (3) sent via facsimile transmission; (4) deposited with any commercial air courier or express delivery service; or (5) deposited in the United States mail, postage prepaid.
4.12. Integration
This Agreement constitutes and embodies the full and complete understanding and agreement of the parties hereto and supersedes all prior understandings, agreements, discussions, proposals, bids, negotiations, communications, and correspondence, whether oral or written. No representation, promise, inducement or statement of intention has been made by any party hereto which is not embodied in this Agreement, and no party will be bound by or liable for any statement of intention not so set forth.
4.13. State and Local Transaction Privilege Taxes
In accordance with state and local law, transaction privilege taxes may be applicable to this transaction. The state and local transaction privilege (sales) tax burden and legal liability to remit taxes are on the Contractor that is conducting business in Arizona and the City of Phoenix. Any failure by the Contractor to collect applicable taxes from the City will not relieve the Contractor from its obligation to remit taxes. It is the responsibility of the prospective bidder to determine any applicable taxes. The City will look at the price or offer submitted and will not deduct, add or alter pricing based on any taxes, nor will the City provide advice or guidance. If you have questions regarding your tax liability, please seek advice from a tax professional prior to submitting your Offer. You may also find information at https://www.phoenix.gov/finance/plt or https://www.azdor.gov/Business. Once your Offer is submitted, the Offer is valid for the time specified in this Solicitation, regardless of mistake or omission of tax liability. If the City finds over payment of a project due to tax consideration that was not due, the Contractor will be liable to the City for that amount, and by contracting with the City, the Contractor agrees to remit any overpayments back to the City for miscalculations on taxes included in an offer price.
4.14. Tax Indemnification
Contractor will pay all federal, state and local taxes applicable to its operation and any persons employed by the Contractor, and require the same of all subcontractors. Contractor will hold the City harmless from any responsibility for: taxes, penalties and interest, if applicable, contributions required under federal, and/or state and local laws and regulations, and any other costs including unemployment compensation insurance, Social Security and Worker's Compensation, and require the same of all subcontractors.
4.15. Tax Responsibility Qualification
Contractor may be required to establish, to the satisfaction of City, that any and all fees and taxes due to the City or the State of Arizona for any License or Transaction Privilege taxes, Use Taxes or similar excise taxes, are currently paid (except for matters under legal protest). Contractor agrees to a waiver of the confidentiality provisions contained in the City Finance Code and any similar confidentiality provisions contained in Arizona statutes relative to State Transaction Privilege Taxes or Use Taxes. Contractor agrees to provide written authorization to the City Finance Department and to the Arizona Department of Revenue to release tax information relative to Arizona Transaction Privilege Taxes or Arizona Use Taxes in order to assist the Department in evaluating Contractor's qualifications for and compliance with contract for duration of the term of contract.
4.16. No Israel Boycott
If this Contract is valued at $100,000 or more and requires Contractor (a company engaging in for-profit activity and having ten or more full-time employees) to acquire or dispose of services, supplies, information technology, or construction, then Contractor must certify and agree that it does not and will not boycott goods or services from Israel, pursuant to Title 35, Chapter 2, Article 9 of the Arizona Revised Statutes. Provided that these statutory requirements are applicable, Contractor by entering this Contract now certifies that it is not currently engaged in, and agrees for the duration of the Contract to not engage in, a boycott of goods or services from Israel.
4.17. No Forced Labor of Ethnic Uyghurs
If this Contract requires Contractor (a company engaging in for-profit activity and having ten or more full-time employees) to acquire or dispose of services, supplies, information technology, goods, or construction, then pursuant to Title 35, Chapter 2, Article 10 of the Arizona Revised Statutes Contractor must certify and agree that it and any contractors, subcontractors, or suppliers it utilizes do not and will not use the forced labor of ethnic Uyghurs in the People’s Republic of China or any goods or services produced by such forced labor. Provided these statutory requirements are applicable, Contractor, by entering this Contract, now certifies it is not currently engaged in, and agrees for the duration of the Contract to not engage in, (a) the use of forced labor of ethnic Uyghurs in the People’s Republic of China; (b) the use of any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or (c) the use of any contractors, subcontractors, or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.
4.18. Advertising
Except as required by law, Contractor shall not publish, release, disclose or announce to any member of the public, press, official body, or any other third party any information or documents concerning this Agreement or any part thereof without the prior written consent of the City. The name of any City site on which services are performed by the Contractor pursuant to this Agreement shall not be used in any advertising or other promotional context by Contractor without the prior written consent of the City.
4.19. Strict Performance
Failure of either party to insist upon the strict performance of any item or condition of the contract or to exercise or delay the exercise of any right or remedy provided in the contract, or by law, or the acceptance of materials or services, obligations imposed by this contract, or by law, will not be deemed a waiver of any right of either party to insist upon the strict performance of the contract.
4.20. Authorized Changes
The City reserves the right at any time to make changes in any one or more of the following: (a) specifications; (b) methods of shipment or packing; (c) place of delivery; (d) time of delivery; and/or (e) quantities. If the change causes an increase or decrease in the cost of or the time required for performance, an equitable adjustment may be made in the price or delivery schedule, or both. Any claim for adjustment will be deemed waived unless asserted in writing within sixty days from the receipt of the change. Price increases or extensions of delivery time will not be binding on the City unless evidenced in writing and approved by the Chief Procurement Officer prior to the institution of the change.
4.21. Claims or Demands Against the City
Contractor acknowledges and accepts the provisions of Chapter 18, Section 14 of the Charter of the City of Phoenix, pertaining to claims or demands against the City, including provisions therein for set-off of indebtedness to the City against demands on the City, and Contractor agrees to adhere to the prescribed procedure for presentation of claims and demands. Nothing in Chapter 18, Section 14 of the Charter of the City of Phoenix alters, amends or modifies the supplemental and complementary requirements of the State of Arizona Notice of Claim statutes, Arizona Revised Statutes §§ 12-821 and 12-821.01, pertaining to claims or demands against the City. If for any reason it is determined that the City Charter and state law conflict, then state law will control.
Moreover, nothing in this Agreement will constitute a dispute resolution process, an administrative claims process, or contractual term as used in Arizona Revised Statutes § 12-821.01(C), sufficient to affect the date on which the cause of action accrues within Arizona Revised Statutes § 12-821.01(A) and (B).
4.22. No Third-Party Beneficiaries
Except as expressly provided in this Contract, nothing contained herein creates or may be construed to create any right or privilege in any person or entity that is not a party to this Contract.
4.23. Contractor Requirements for the Mitigation of Heat-Related Illnesses and Injuries in the Workplace
Any Contractor whose employees and contract workers perform work in an outdoor environment under this contract must keep on file a written heat safety plan. The City may request a copy of this plan and documentation of all heat safety and mitigation efforts currently implemented to prevent heat-related illnesses and injuries in the workplace. The plan must also be posted in English and Spanish on a bulletin board in a break room where it is accessible to employees. If a Contractor does not have a break room, the heat safety plan must be physically placed in a conspicuous location in the workplace where notices to employees are customarily posted. The heat safety plan must also include a contact number of the contractor that all employees and contract workers can call if they need to inquire or report any heat safety issues and contain language that the contractor will not retaliate against any employee or contract worker who reports an alleged heat safety violation or who otherwise avails themselves of the protections provided in this article. At a minimum, the heat safety and mitigation plan and documentation required under this provision shall include each of the following as it relates to heat safety and mitigation:
Availability of sanitized cool drinking water free of charge at locations that are accessible to all employees and contract workers.
Ability to take regular and necessary breaks as needed and additional breaks for hydration.
Access to shaded areas and/or air conditioning.
Access to air conditioning in vehicles with enclosed cabs. Beginning on April 1, 2026, all Contractors shall regularly monitor vehicles to ensure all vehicles with enclosed cabs have properly functioning air conditioning per the manufacturer specifications. The heat safety and mitigation plan shall include how the Contractor will monitor vehicle air conditioning to comply with this subsection.
Effective acclimatization practices to promote the physiological adaptations of employees or contract workers newly assigned or reassigned to work in an outside environment.
Conduct training and make it available and understandable to all employees and contract workers on heat illness and injury that focuses on the environmental and personal risk factors, prevention, how to recognize and report signs and symptoms of heat illness and injury, how to administer appropriate first aid measures and how to report heat illness and injury to emergency medical personnel.
The Contractor further agrees that this clause will be incorporated in all subcontracts with subcontractors, sublicensees or sublessees who may perform labor or services in connection with this contract. Additionally, the Contractor agrees to require all subcontractors, sublicensees or sublessees to include this clause in all contracts with any third party who is contracted to perform labor or services in connection with this contract. It is the obligation of the Contractor to ensure compliance by its subcontractors.
5. Special Terms and Conditions
5.1. Term of Contract
The term of this Agreement will be for three (3) years, beginning on the Commencement Date, with two 1-year options to extend, which may be exercised by the City in its sole discretion.
5.2. Free on Board (FOB)
Prices quoted shall be FOB destination and delivered, as required, to the following point(s): various locations.
5.3. Price
All prices submitted shall be firm and fixed for the initial first year of the contract. Thereafter, price increases will be considered annually provided the adjustments are submitted in writing with 60 days’ notice to the Procurement Officer. Price increase requests shall be accompanied with written documentation to support the increase, such as a letter from the manufacturer, published price index, applicable change in law, etc. Price decrease requests do not require supporting documentation and are allowed at any time during the contract term.
The City will be the sole judge in determining the allowable increase amount. Price increases agreed to by any staff other than the Chief Procurement Officer are invalid. The Contractor acknowledges and agrees to repay all monies paid because of a requested price increase unless the increase was specifically approved, in writing, by the Chief Procurement Officer.
5.4. Method of Ordering
Contractor shall deliver items and/or services only upon receipt of a written purchase order. All Contractor invoices and packing/delivery tickets must include the City of Phoenix purchase order number.
5.5. Method of Invoicing
Invoice must be emailed in .pdf format to invoices@phoenix.gov and must include the following:
City purchase order number or shopping cart number
Items listed individually by the written description and part number
Unit price, extended and totaled
Quantity ordered, back ordered, and shipped
Applicable tax
Invoice number and date
Delivery address
Payment terms
FOB terms
Remit to address
If applicable, retail and cost after margin discount/change shall be conspicuously set forth on all invoices. Both the list price and resulting net price must be included.
5.6. Method of Payment
Payment to be made from Contractor’s invoice and a copy of the signed delivery/service ticket submitted to cover items received and accepted during the billing period.
5.7. Partial Payments
Partial payments are not authorized on individual purchase orders. Payment will be made upon final delivery and acceptance of all goods and services on the purchase order.
5.8. Supplier Profile Changes
It is the responsibility of the Contractor to promptly update their profile in procurePHX at https://www.phoenix.gov/procure. If Contractor’s legal identity has changed, the Procurement Officer must be notified immediately. Failure to do so may result in non-payment of invoices and contract termination.
5.9. Estimated Quantities or Dollar Amounts (Requirements Contracts Only)
Quantities and dollar amounts listed are the City’s best estimate and do not obligate the City to order or accept more than City’s actual requirements during the period of this agreement, as determined by actual needs and availability or appropriated funds. It is expressly understood and agreed that the resulting contract is to supply the City with its complete actual requirement for the contract period.
5.10. Suspensions of Work
The City reserves the right to suspend work wholly or in part if deemed necessary for the best interest of the City. This suspension will be without compensation to the Contractor, other than to adjust the contract completion/delivery requirements.
5.11. Hours of Work
All work under this contract shall be coordinated with the City’s authorized Department representative. Any changes to the established schedule must have prior written approval by the City’s authorized Department representative.
5.12. Post Award Conference
A post-award conference will be held prior to commencement of any work on the project. The purpose of this conference is to discuss critical elements of the work schedule and operational problems and procedures.
5.13. Performance Interference
Contractor shall notify the City’s authorized Department representative immediately of any occurrence and/or condition that interferes with the full performance of the contract and confirm it in writing within 24 hours.
5.14. Cooperative Agreement
In addition to the City and with approval of the Contractor, this contract may be extended for use by other municipalities, public agencies owning public-use airports, and government agencies in the State of Arizona as well as other states.
5.15. Exclusive Possession
All services, information, computer program elements, reports, and other deliverables which may be created under this contract are the sole property of the City of Phoenix and will not be used by the Contractor or any other person except with prior written permission by the City.
5.16. Licenses and Permits
Contractor will keep current Federal, State, and local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this contract.
5.17. Delivery
All deliveries shall be made between 8:00a.m. - 2:00p.m., local time, Monday through Friday, excluding City holidays. City holiday calendar: https://www.phoenix.gov/calendar/holidays
5.18. Delivery / Service Ticket
Contractor shall provide a packing list or service ticket for items delivered to the City or services provided to the City. Tickets should include the following and a legible copy shall be provided to the City:
Date
City purchase order number
Written description of services which were provided
Itemized list of materials which were delivered, including quantity
A unique identification number and Contractor name
Signature of City employee who accepted for the materials/services
5.19. Miscellaneous Fees
Additional charges for fuel surcharges, delivery charges, dealer prep, environmental fees, waste disposal, shop supplies, set-up, freight and/or shipping and handling, etc. will not be paid. These costs must be incorporated in the pricing provided.
Labor rates (Shop and On-site) shall be charged as a flat hourly rate and are allowed only in performance of services under this agreement. Travel hours and other incidental fees will not be permitted under this agreement. Labor hours will be from “check-in” to “check-out” at the worksite.
5.20. Single Source for Warranty Work
Contractor shall be fully responsible for all warranty work. In addition, Contractor shall have or establish a single local Phoenix source that will accomplish or coordinate any necessary warranty work. Contractor shall respond to requests for repairs within four (4) hours after a verbal request by the City.
5.21. Warranty
All equipment supplied under this contract shall be fully guaranteed by the Contractor for a minimum period of one (1) year from the date of acceptance by the City. Any defects of design, workmanship, or materials that would result in non-compliance with the contract specifications shall be fully corrected by the Contractor (including parts and labor) without cost to the City.
5.22. Equipment Installation
All equipment shall be completely assembled and installed by the Contractor and ready for use on the City’s property at various locations.
5.23. Industry Standards
It is intended that the manufacturer in the selection of components will use material and design practices that are the best available in the industry for the type of operating conditions to which the item will be subjected. Component parts shall be selected to give maximum performance, service life and safety and not merely meet the minimum requirements of this specification. All parts, equipment and accessories shall conform in strength, quality of material and workmanship to recognized industry standards.
The term “heavy duty” if used in these specifications shall mean that the item to which the term is applied shall exceed the usual quantity, quality, or capacity supplied with standard production items and it shall be able to withstand unusual straining, exposure, temperature, wear and use.
The City reserves the right to waive minor variations if, in the opinion of the City’s authorized Department representative, the basic unit meets the general intent of these specifications.
The product offered shall not include a major component that is of a prototype nature or has not been in production for a sufficient length of time to demonstrate reliability.
If the specifications stated herein for component items do not comply with legal requirements, the Contractor shall so notify the City prior to the offer opening due date.
5.24. Inspection and Acceptance
Each product delivered shall be subject to complete inspection by the City prior to acceptance. Inspection criteria shall include, but not be limited to, conformity to the specifications, mechanical integrity, quality, workmanship and materials. Ten business days will be allowed for this process. If delivered items are unacceptable and returned to the Contractor prior to acceptance, an additional five business days will be allowed for inspection when subsequent delivery occurs. It shall be the Contractor’s responsibility to pick up unacceptable products, correct the deficiencies, and return the product following the corrections.
5.25. New Equipment
All items offered shall be new equipment supplied from the manufacturer. Offers for remanufactured/refurbished equipment will be considered as non-responsive and rejected.
5.26. Product Discontinuance
The City may award contracts for products and/or models of equipment because of this solicitation. If a product or model is discontinued by the manufacturer, the City, in its sole discretion, may allow the Contractor to provide a substitute for the discontinued item. Contractor shall request permission to substitute a new product or model and will provide the following:
A formal announcement from the manufacturer that the product or model has been discontinued.
Documentation from the manufacturer that names the replacement product or model.
Documentation that provides clear and convincing evidence that the replacement meets or exceeds all specifications required by the original solicitation.
Documentation that provides clear and convincing evidence that the replacement will be compatible with all functions or uses of the discontinued product or model.
Documentation from the manufacturer confirming that the price for the replacement item will be the same as the discontinued item.
The Chief Procurement Officer will be the sole judge in determining the allowable substitute, new product or model change for discontinued item.
5.27. Repair and Replacement Parts Guarantee
Following the expiration of any express or implied warranty applicable to those goods, furnished to the City under this contract, Contractor agrees to supply the City (as well as its agents, representatives, Contractors, and hires) with in-stock repair and replacement parts carrying a full manufacturer’s warranty at a cost that shall not exceed the cost it would charge if it were contracted to service or install those repair and replacement parts.
5.28. Replacement Parts Availability
A response to this solicitation shall constitute a guarantee by the Contractor that a stock of replacement parts for the specified equipment is locally available. Captive parts must be available within 48 hours following the placement of an order. Contractor shall provide parts delivery, to include deliveries on Saturday. If special handling and/or freight are required, the Contractor will assume all charges.
5.29. Substitution of Specified Items
Whenever in the specifications any item or process is requested or identified by manufacturer name, proprietary name, or patent such specifications shall be used to facilitate descriptions of the item or process and shall be followed by the words “or equal”. The Contractor may offer any item or process that is equal in every respect. However, if the item or process delivered is not, in the opinion of the City of Phoenix, equal in every respect to the specifications, then the Contractor must furnish the item or material that is equal, in the opinion of the City.
5.30. Communication in English
It is mandatory that the Contractor’s lead person assigned to any City facility can speak, read, and write in English to effectively communicate with City staff.
5.31. Contractor Assignments
The Contractor hereby agrees that any of its employees who may be assigned to a City site to satisfy obligations under this contract shall be used exclusively for that purpose during the hours when they are working in areas covered by this contract and shall perform no work at other City facilities. If other services, in addition to or separate from, the services specified herein, may be deemed necessary by the Chief Procurement Officer or his authorized representative, the Contractor may be requested to perform the additional or special service.
5.32. Final Inspection and Approval
The Contractor will request the City’s authorized Department representative to conduct a site inspection after the project is complete. City’s authorized Department representative will prepare a “punch-list” during the inspection and will forward a copy to the Contractor.
After the “punch-list” items have been corrected, the Contractor will request a final inspection with the authorized Department representative. Final project approval is contingent upon the City authorized Department representative’s final inspection and written approval.
5.33. Service Locations
To minimize the City’s transportation and handling costs, the Contractor’s location(s) will be a factor in the City’s award decision.
5.34. Specifications
The specifications and/or drawings associated with this project are intended to generally describe a complete installation. Any additional materials or labor required for the complete project as intended shall be provided by the Contractor, even if it has not been detailed in this document.
5.35. Storage Space
The Contractor may store supplies, materials and equipment in a storage area on the City facility premises designated by the City’s authorized Department representative during work. The Contractor agrees to keep its portion of this storage area in accordance with all applicable fire regulations. The use of City storage facilities will be on a space available basis and subject to the approval of the City’s authorized Department representative.
No materials or equipment will be stored or temporarily set in restrooms, under stairwells or other spaces accessible to the public. Hazardous chemicals such as solvent based strippers and cleaners will not be stored on City property.
If storage is in an electrical closet, a minimum of 36 inches shall be provided in front of all electrical panels. The width shall be a minimum of 30 inches or the width of the panel. The width of working space in front of the electrical equipment shall be the width of the equipment or 30 inches, whichever is greater. In all cases, the work space shall permit at least a 90-degree opening of equipment.
5.36. Telephone Use
Contractor shall be allowed job-related use of City telephone service at no cost to the Contractor and as designated by the City for use. The Contractor will pay any cost to repair damage caused by Contractor to the telephone equipment over and above normal wear and tear. Toll calls are not permitted by Contractor employees.
A list of emergency telephone numbers shall be maintained at the work locations by the Contractor and will include the Police and Fire Departments.
Personal cell phone use by Contractor employees is prohibited while performing duties under this contract. Telephone calls from all types of phones are restricted to breaks and lunches. Emergency calls will be placed and received at designated City telephones only. This includes communications between Contractor Management and onsite employees.
5.37. Transition of Contract
Contractor will, without limitation, provide important information to a successor Contractor and the City to ensure continuity of service at the required level of proficiency and agrees to provide to the City all files, supplies, data, records, and any other properties or materials of the City, which the City owns or has rights to pursuant to this contract and which are in the possession of Contractor. The provisions of this section will survive the expiration or termination of this contract.
5.38. Types of Work Supervision
The Contractor shall provide onsite supervision and appropriate training to assure competent performance of the work. Contractor or authorized agent will make sufficient daily routine inspections to ensure the work is performed as required by this contract.
5.39. Background Screening
Contractor agrees that all Contractor and subcontractors’ workers (collectively “Contract Worker(s))” pursuant to this Agreement will be subject to background and security checks and screening (collectively “Background Screening”) at Contractor’s sole cost and expense, unless otherwise provided for in the scope of work. Contractor’s background screening will comply with all applicable laws, rules and regulations. Contractor further agrees that the background screening is necessary to preserve and protect the public health, safety and welfare. The City requires a completed Contract Worker Badge/Key/Intrusion Detection Responsibilities Agreement for each Contract Worker who requires a badge or key.
5.40. Background Screening Risk Level
The City has established two levels of risk: Standard and Maximum risk. If the scope of work changes, the City may amend the level of risk, which could require the Contractor to incur additional contract costs to obtain background screens or badges.
5.41. Terms of This Section Applicable to all Contractor’s Contracts and Subcontracts
Contractor will include Contract Worker background screening in all contracts and subcontracts for services furnished under this agreement.
5.42. Materiality of Background Screening Requirements; Indemnity
The background screening requirements are material to City’s entry into this agreement and any breach of these provisions will be deemed a material breach of this contract. In addition to the indemnity provisions set forth in this agreement, Contractor will defend, indemnify and hold harmless the City for all claims arising out of this background screening section including, but not limited to, the disqualifications of a Contract Worker by Contractor. The background screening requirements are the minimum requirements for the Agreement. The City in no way warrants that these minimum requirements are sufficient to protect Contractor from any liabilities that may arise out of the Contractor’s services under this Agreement or Contractor’s failure to comply with this section. Therefore, Contractor and its Contract Workers will take any reasonable, prudent and necessary measures to preserve and protect public health, safety and welfare when providing services under this Agreement.
5.43. Continuing Duty; Audit
Contractor’s obligations and requirements will continue throughout the entire term of this Agreement. Contractor will maintain all records and documents related to all background screenings and the City reserves the right to audit Contractor’s records.
5.44. Variances and Exemptions
Contract Workers who fall under the following areas may be considered exempt from this policy:
Federal Homeland Defense Bureau
Transportation Security Administration
Federal Aviation Administration
Department of Public Safety (DPS) Administration – presenting a current Level One Department of Public Safety fingerprint card
Arizona or other State Bars
Other background checks performed within the last three to five years may be approved if they fit all required criteria herein, at the City’s discretion
5.45. Contractor’s Default; Liquidated Damages; Reservation of Remedies for Material Breach
If Contractor is required to access any City facilities without an escort, City badging is required. Contractor’s default under this section will include, but is not limited to, the following:
Contract Worker gains access to a City facility(s) without the proper badge or key;
Contract Worker uses a badge or key of another to gain access to a City facility;
Contract Worker commences services under this agreement without the proper badge, key or background screening;
Contract Worker or Contractor submits false information or negligently submits wrong information to the City to obtain a badge, key or applicable background screening; or
Contractor fails to collect and timely return Contract Worker’s badge or key upon termination of Contract Worker’s employment, reassignment of Contract Worker to another City facility or upon the expiration, cancellation or termination of this Agreement.
Contractor acknowledges and agrees that the access control, badge and key requirements in this section are necessary to preserve and protect the public health, safety and welfare. Accordingly, Contractor agrees to properly cure any default under this section within three business days (excluding weekends and City holidays) from the date notice of default is sent by the City. The parties agree that Contractor’s failure to properly cure any default under this section will constitute a breach of this section. In addition to any other remedy available to the City at law or in equity, the Contractor will be liable for and pay to the City the sum of $1,000.00 for each breach by Contractor in this section. The parties further agree that the sum fixed above is reasonable and approximates the actual or anticipated loss to the City at the time and making of this agreement if Contractor breaches this section. Further, the parties expressly acknowledge and agree to the fixed sum set forth above because of the difficulty of proving the City’s actual damages if Contractor breaches this section. The parties further agree that three breaches by Contractor in this section arising out of any default within a consecutive period of three months or three breaches by Contractor in this section arising out of the same default within a period of 12 consecutive months will constitute a material breach of this agreement by Contractor and the City expressly reserves all of its rights, remedies and interests under this agreement, at law and in equity including, but not limited to, termination of this agreement
5.46. Employee Identification and Access
Contract Workers are forbidden access to designated restricted areas. Access to each building will be as directed by the authorized Phoenix authorized representative. Contract Workers are not authorized access other than during scheduled hours. Access to the building will be directed by the City's authorized representative.
Only authorized Contract Workers are allowed on the premises of the City facilities/buildings. Contract Workers are not to be accompanied in the work area by acquaintances, family members, assistants or any other person unless said person is an authorized Contract Worker.
Unless otherwise provided for in the scope of work:
Contract Workers must always have city issued badges and some form of verifiable company identification (badge, uniform, employee id).
Contractor will supply a list of the names and titles of all employees requiring access to the buildings. It is the Contractor's responsibility to provide updates and changes of personnel as necessary
5.47. Key Access Procedures
If the Contractor Worker’s services require keyed access to enter a City facility(ies), a separate key issue/return form must be completed and submitted by the Contractor for each key issued. Contractor must submit the completed key issue/return form to the appropriate badging office.
Stolen or Lost Badges or Keys
Contractor must immediately report lost or stolen badges or keys to the City’s appropriate badging office. If the badge/key was stolen, Contract Worker’s must report the theft to their local police department. Prior to issuance of a new badge or key, a new badge application or key issue form must be completed, submittal of a police department report for stolen badges and applicable payment of the fee(s) listed herein.
Return of Badge or Key
All badges and keys are the property of the City and must be returned to the City at the badging office within one business day (excluding weekends and City holidays) of when the Contract Worker’s access to a City facility is no longer required to furnish the services under this agreement. Contractor will collect a Contract Worker’s badge and key(s) upon the termination of the Contract Worker’s employment; when the Contractor Worker’s services are no longer required at a City facility(s); or upon termination, cancellation or expiration of this agreement.
Badge and Key Fees
The following constitute the badge and key fees under this agreement, which shall be paid for at the Contractor’s sole cost and expense, unless otherwise provided for in the scope of work. The City reserves the right to amend these fees upon a 30-day prior written notice to Contractor.
Initial Badge Fee: $55.00 per application
Replacement Badge Fee: $55.00 per badge
Lost/Stolen Badge Fee: $55.00 per badge
Replacement Key Fee: $55.00 per key
Replacement Locks: $55.00 per lock
5.48. Background Screening – Standard Risk
Determined Risk Level: The current risk level and background screening required is STANDARD RISK LEVEL
Standard Risk Level: A standard risk background screening will be performed when the Contract Worker’s work assignment will:
require a badge or key for access to City facilities; or
allow any access to sensitive, confidential records, personal identifying information or restricted City information; or
allow unescorted access to City facilities during normal and non-business hours.
Requirements: The background screening for this standard risk level will include a background check for real identity/legal name and will include felony and misdemeanor records from any county in the United States, the state of Arizona, plus any other jurisdiction where the Contractor worker has lived at any time in the preceding seven years from the Contract Worker’s proposed date of hire.
Contractor Certification; City Approval of Background Screening: Unless otherwise provided for in the Scope, Contractor will be responsible for:
determining whether Contract Worker(s) are disqualified from performing work for the City for standard risk level background checks; and,
for reviewing the results of the background check every five years; and,
to engage in whatever due diligence is necessary to make the decision on whether to disqualify a Contract Worker; and,
Submitting the list of qualified Contract Workers to the contracting department.
For sole proprietors, the Contractor must comply with the background check for himself and any business partners, or members or employees who will assist on the contract and for whom the requirements of the Agreement apply.
By executing this agreement, Contractor certifies and warrants that Contractor has read the background screening requirements and criteria in this section, and that all background screening information furnished to the City is accurate and current. Also, by executing this agreement, Contractor further certifies and warrants that Contractor has satisfied all background screening requirements for the standard risk background screening, and verified legal worker status, as required.
5.49. Background Screening – Maximum Risk
Determined Risk Level: The current risk level and background screening required is MAXIMUM RISK.
Maximum Risk Level: A maximum risk background screening will be performed every five (5) years when the Contract Worker’s work assignment will:
work directly with vulnerable adults or children, (under age 18); or
any responsibility for the receipt of payment of City funds or control of inventories, assets, or records that are at risk of misappropriation; or
unescorted access to:
City data centers, money rooms, high-value equipment rooms; or
unescorted access to private residences; or
access to critical infrastructure sites/facilities; or
direct or remote access to Criminal Justice Information Systems (CJIS) infrastructure.
Requirements: The background screening for maximum risk level will include a background check for real identity/legal name and will include felony and misdemeanor records from any county in the United States, the State of Arizona, plus any other jurisdiction where the Contractor worker has lived at any time in the preceding seven years from the Contract Worker’s proposed date of hire. In addition, Maximum screening levels may require additional checks as included herein, depending on the scope of work, and may be amended if the scope of work changes.
5.50. Contractor Certification; City Approval of Maximum Risk Background Screening
Unless otherwise provided for in the Scope of Work, Contractor will be responsible for:
determining whether Contract Worker(s) are disqualified from performing work for the City for maximum risk level background checks; and,
submitting pass/fail results to the City for approval; and,
reviewing the results of the background check every three to five years, dependent on scope; and,
to engage in whatever due diligence is necessary to make the decision on whether to disqualify a Contract Worker; and,
Submitting the list of qualified Contract Workers to the contracting department; and,
If, upon review of the background information, the City will advise the Contractor if it believes a Contract Worker should be disqualified. The Contractor will evaluate the Contract Worker and if the Contractor believes that there are extenuating circumstances that suggest that the person should not be disqualified, the Contractor will discuss those circumstances with the contracting department. The contracting department decision on disqualification of a Contract Worker is final.
For sole proprietors, the Contractor must comply with the background check for himself and any business partners, or members or employees who will assist on the contract and for whom the requirements of the Agreement apply.
By executing this agreement, Contractor certifies and warrants that Contractor has read the background screening requirements and criteria in this section, and that all background screening information furnished to the City is accurate and current.
The City final documented decision will be an “approve” or “deny” for identified Contract Workers.
The City will not keep records related to background checks once they are confirmed. Information to verify the results will be returned to the Contractor, or any contracted agency that assists with review, after the City’s completed review.
By executing this agreement, Contractor further certifies and warrants that Contractor has satisfied all such background screening requirements for the maximum risk background screening, and verified legal worker status, as required.
Contract Workers will not apply for the appropriate City of Phoenix identification and access badge or keys until Contractor has received the City’s written acceptance of Contract Worker’s maximum risk background screening. The City may, in its sole discretion, accept or reject any or all the Contract Workers proposed by Contractor for performing work under this Agreement. A Contract Worker rejected for work at a maximum risk level under this agreement will not be proposed to perform work under other city contracts or engagements without city’s prior written approval.
The Contractor will submit prior to scheduling any services, a current list of names, addresses, and social security numbers of all employees requiring access to the facility. The Contractor is responsible for obtaining security clearance from the Police Department for all employees. The City reserves the right to change the restricted areas as needed. The Contractor grants the rights to the Police Department to conduct background checks of all employees entering the building. All employees will submit to the background check before access to the facility is given.
The background checks will be conducted prior to any employee entering to work and will be based upon information provided to the Police Department including, but not limited to: name, address, date and place of birth, social security number, INS number if applicable, and a copy of a valid photo identification. The information will be provided to the City’s authorized Department representative at least five business days (excluding weekends and holidays) in advance of the need for access. The form will be provided by the City’s authorized Department representative. The City’s authorized Department representative will conduct the security check.
The City may, at any time, in its sole discretion, refuse to allow an employee access to an area for any of the following reasons, but not limited to:
Conviction of a felony.
Conviction of a misdemeanor (not including traffic or parking violation).
Any outstanding warrants (including traffic and parking violations).
A person currently on parole or probation.
A person currently involved in an investigation.
5.51. Security Inquiries
Contractor acknowledges that all of the employees that it provides pursuant to this Contract shall, at Contractor’s expense, be subject to background and security checks and screening at the request of the City. Contractor shall perform all such security inquiries and shall make the results available to the City for all employees considered for performing work (including supervision and oversight) under this Contract. City may make further security inquiries. Whether or not further security inquiries are made by the City, City may, at its sole, absolute and unfettered discretion, accept or reject any or all of the employees proposed by the Contractor for performing work under this Contract. Employees rejected by the City for performing services under this Contract may still be engaged by Contractor for other work not involving the City. An employee rejected for work under this Contract shall not be proposed to perform work under other City contracts or engagements without the City’s prior approval.
The City, in its sole discretion, reserves the right, but not the obligation to:
require an employee/prospective employee of the Contractor to provide fingerprints and execute such other documentation as may be necessary to obtain criminal justice information pursuant to A.R.S. 41-1750 (G) (4);
act on newly acquired information whether or not such information should have been previously discovered;
unilaterally change its standards and criteria relative to the acceptability of Contractor’s employees and/or prospective employees; and
object, at any time and for any reason, to an employee of Contractor performing work (including supervision and oversight) under this Agreement. Contractor will bear the costs of all inquiries requested by the City.
5.52. Hazardous Materials Requirement SDS
Contractor shall provide a copy of the current Safety Data Sheet (SDS) for the product(s) offered. The SDS must include all chemical compounds present in concentrations greater than 0.1% for each product offered by CAS number; no “trade secret” or otherwise defined ingredients shall be accepted by the City. The Contractor shall provide required safety and health training for City employees on each product offered and for proper use, storage, and disposal, when requested by the City. The Contractor further agrees to accept returned empty containers for disposal purposes, if and when requested by the City. The cost for any requested training and disposal of used containers shall be included in the offered price for the product. The Contractor shall also accept returned product that was purchased as a result of this solicitation and for which the City no longer needs the product. Returned product will be in its original container(s), unopened, and must be returned to the Contractor at least 45 calendar days after the end of the project. All products must be labeled per 29CFR 1910.1200.
5.53. OSHA Laws and Regulations
Emergency Spill Response Plan: Contractor shall determine whether products selected could require an emergency spill response plan for any hazardous material used. If such determination is made, a plan for directing employees in proper response procedures must be submitted. At a minimum, the response plan must address the following:
Provide a description of equipment on site available to contain and/or respond to an emergency/spill of the material.
Notification procedures.
Response coordination procedures between Contractor and the City.
Provide a Site Plan showing the location of stored hazardous materials and location of spill containment/response equipment.
Provide a description of the training provided to the Contractor employees.
Hazardous Materials Storage and Labeling Specifications: Contractor shall, to the satisfaction of the City of Phoenix’s environmental representative, properly and safely store all hazardous materials, which shall include as a minimum, the following:
Have a designated storage site for hazardous material, which includes secondary containment.
Provide signage approved by the City of Phoenix’s environmental representative clearly identifying the hazardous materials storage site. Signage must be in language understood by Contractor’s on-site employees.
All hazardous materials containers must be labeled according to OSHA requirements and bear applicable NFPA or HMIS labels.
OSHA Guideline Compliance: Contractor shall comply with all applicable Federal, State, City and local laws, regulations and rules including, but not limited to:
Safety Data Sheets – Contractor shall furnish to the City’s Department copies of Safety Data Sheets (SDS), or all products used, prior to beginning service in any facility. Contractor must update copies of the SDS on an annual basis. In addition, each time a new chemical or cleaning product is introduced into any facility, a copy of that product’s SDS must be provided prior to the product being used in any facility. The Safety Data Sheets must be in compliance with OSHA Regulation 1910.1200, paragraph g.
Labeling of Hazardous Materials – Contractor shall comply with the OSHA Regulation 1910.1200 paragraph f, concerning the labeling of all chemical containers
Caution Signs – Contractor shall use caution signs as required by OSHA Regulation 1910.144 and 1910.145 at no cost to the City. Caution signs must be on-site during each scheduled cleaning.
Blood Borne Pathogens – Contractor shall comply with OSHA Standard 29CFR 1910.1030 Blood Borne Pathogens as it pertains to the training, safety, and equipment needed for all employees engaged in contracted service. Contractor shall be responsible for compliance on date of contract acceptance and shall provide proof to the City’s Department.
Proof of compliance with OSHA regulation 1910.1200, Hazard Communication, shall be provided to the City’s Department, upon commencement of this Contract, and reviewed by the Department Safety Analyst for verification. Failure of the Contractor or their employees to comply with all applicable laws and rules shall permit the City to immediately terminate resultant Contract without liability.
SDS Notebooks: Contractor shall maintain on the site a notebook containing current (dated within the past three years or verified as most current by manufacturer) SDS for all materials being used on site, whether or not they are defined as a Hazardous Material. The notebook shall be kept in the Contractor’s on-site storage area. The notebook must be kept up-to-date as materials are brought onto and removed from the site. A complete copy of the SDS notebook shall also be provided to the City. New products must be approved for use by the City by providing a copy of the product’s SDS for review and approval.
Non-Hazardous Materials Labeling Specifications: The Contractor shall clearly label all packaged products, whether or not they are classified as Hazardous Materials under this Section. If any such unlabeled containers are discovered on the Site, the City’s environmental representative will notify the Contractor and Contractor will within one hour clearly label the container or remove it from the site. Any containers that are filled from larger containers must also be labeled.
Offsite Storage of Hazardous Materials: The City encourages storage of hazardous materials off site until the materials are needed on site. Solvent based strippers and cleaners will NOT be stored on City property.
Hazardous Materials Management Program Documentation: The Contractor shall make all required documentation available immediately upon request of the City’s environmental representative. The Contractor shall also provide the City’s environmental representative with copies of all permits obtained from environmental regulatory agencies.
Contractor Training Requirements: The Contractor shall provide requested copies of the company’s written Hazardous Communications Program to the City of Phoenix that satisfies requirements listed under sections e, f, g, and h of 29 CFR 1910.1200, Hazard Communications. The Contractor must demonstrate how employees are trained in the proper use, storage, and disposal of chemical products and wastes in a language understood by the Contractor’s on-site employees.
6. Defense and Indemnification
6.1. Standard General Defense and Indemnification
Contractor (“Indemnitor”) must defend, indemnify, and hold harmless the City of Phoenix and its officers, officials (elected or appointed), agents, and employees (“Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses or expenses (including but not limited to court costs, attorney fees, expert fees, and costs of claim processing, investigation and litigation) of any nature or kind whatsoever (“Losses”) caused, or alleged to be caused, in whole or in part, by the wrongful, negligent or willful acts, or errors or omissions of Indemnitor or any of its owners, officers, directors, members, managers, agents, employees or subcontractors (“Indemnitor’s Agents”) arising out of or in connection with this Contract. This defense and indemnity obligation includes holding Indemnitee harmless for any Losses arising out of or recovered under any state’s Workers’ Compensation Law or arising out of the failure of Indemnitor or Indemnitor’s Agents to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. Indemnitor’s duty to defend Indemnitee accrues immediately at the time a claim is threatened, or a claim is made against Indemnitee, whichever is first. Indemnitor’s duty to defend exists regardless of whether Indemnitor is ultimately found liable. Indemnitor must indemnify Indemnitee from and against any and all Losses, except where it is proven that those Losses are solely a result of Indemnitee’s own negligent or willful acts or omissions. Indemnitor will be responsible for primary loss investigation, defense and judgment costs where this indemnification applies. In consideration of the award of this Contract, Indemnitor waives all rights of subrogation against Indemnitee for losses arising from the work performed by Indemnitor or Indemnitor’s Agents for the City of Phoenix. The obligations of Indemnitor under this provision survive the termination or expiration of this Contract.
6.2. Environmental Services or Operations
Contractor (“Indemnitor”) must defend, indemnify, and hold harmless the City of Phoenix and its officers, officials (elected or appointed), agents, and employees (“Indemnitee”) from and against any and all demands, claims, complaints, losses, damages, actions or causes of action, assessments, liabilities, costs or expenses including, without limitation, interest, penalties and reasonable attorney fees, expert fees, and reasonable expenses of investigation and remedial work (including but not limited to investigations and remediation by engineers, environmental consultants and similar technical personnel) asserted against or imposed upon or incurred by Indemnitee arising in connection with, or resulting from, any Environmental Law, including but not limited to, any use, generation, storage, spill, release, discharge or disposal of any Hazardous Substance that is now or comes to be located on, at, about or under the property or because of, or in connection with, the violation of any Environmental Law (hereinafter collectively referred to as “Losses”) to the extent that such Losses are caused by the fault of Indemnitor, its officers, officials, members, managers, agents, employees, contractors, volunteers, tenants, subtenants, invitees or licensees. Indemnitor’s duty to defend Indemnitee accrues immediately at the time a claim is threatened, or a claim is made against Indemnitee, whichever is first. Indemnitor’s duty to defend exists regardless of whether Indemnitor is ultimately found liable. As used in this section: (a) “Hazardous Substances” are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, or other petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) “Environmental Law” means federal, state or local laws and regulations, including common law, that relate to health, safety or environmental protection; and (c) “Fault” means those nonculpable acts or omissions giving rise to strict liability under any Environmental Law pertaining to Hazardous Substances, as well as culpable conduct (negligence or willful misconduct). In consideration of the award of this Contract, Indemnitor agrees to waive all rights of subrogation against Indemnitee for losses arising from or related to any work performed by Indemnitor or Indemnitor’s Agents for the City of Phoenix. The obligations of Indemnitor under this provision survive the termination or expiration of this Contract.
7. Insurance Requirements
7.1. Insurance Requirements
Contractors and subcontractors must procure insurance against claims that may arise from or relate to performance of the work here under by Contractor and its agents, representatives, employees and subcontractors. Contractor and subcontractors must maintain that insurance until all their obligations have been discharged, including any warranty periods under this Contract.
The City in no way warrants that the limits stated in this section are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, his agents, representatives, employees or subcontractors and Contractor may purchase such additional insurance as they determine necessary.
7.2. Scope and Limits of Insurance
Contractor must provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the liability limits provided that (1) the coverage is written on a “following form” basis, and (2) all terms under each line of coverage below are met.
7.3. Commercial General Liability – Occurrence Form
General Aggregate $4,000,000
Products – Completed Operations Aggregate $2,000,000
Personal and Advertising Injury $2,000,000
Each Occurrence $2,000,000
The policy must name City of Phoenix as an additional insured with respect to liability for bodily injury, property damage and personal and advertising injury with respect to premises, ongoing operations, products and completed operations and liability assumed under an insured contract arising out of the activities performed by, or on behalf of the Contractor, relating to this contract.
There shall be no endorsement or modification which limits the scope of coverage or the policy limits available to the City of Phoenix as an additional insured.
City of Phoenix is an additional insured to the full limits of liability purchased by the Contractor.
The Contractor’s insurance coverage must be primary and non-contributory with respect to any insurance or self-insurance carried by the City.
7.4. Automobile Liability
Bodily injury and property damage coverage for any owned, hired, and non-owned vehicles used in the performance of this Contract.
Combined Single Limit (CSL) $1,000,000
The policy must be endorsed to include The City of Phoenix as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor, related to this Contract.
City of Phoenix is an additional insured to the full limits of liability purchased by the Contractor.
The Contractor’s insurance coverage must be primary and non-contributory with respect to any insurance or self-insurance carried by the City.
7.5. Worker’s Compensation and Employers’ Liability
Workers’ Compensation Statutory
Employers’ Liability:
Each Accident $1,000,000
Disease – Each Employee $1,000,000
Disease – Policy Limit $1,000,000
Policy must contain a waiver of subrogation in favor of the City of Phoenix. “Transfer of rights of recovery against others to us” may be used in place of “waiver of subrogation”.
This requirement does not apply when a contractor or subcontractor is exempt under A.R.S. §23-902(E), AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form. To forego application of this requirement, Contractor must submit to the City a valid copy of the form on behalf of themselves and/or applicable subcontractors.
7.6. Contractor’s Pollution Liability
For losses caused by pollution conditions that arise from the operations of the Contractor as described in the Scope of Services section of this Contract.
Per Occurrence $2,000,000
General Aggregate $2,000,000
The policy should be written on an “occurrence” basis with no sunset clause.
The policy must name the City of Phoenix as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor.
The policy must provide coverage for pollution conditions that arise from the operations of the contractor described under the Scope of Services of the contract. The policy should include the following coverages:
Bodily injury, sickness, disease, mental anguish or shock sustained by any person, including death and medical monitoring costs.
Property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, cleanup costs, and the loss if use of tangible property that has not been physically injured or destroyed including diminution in value.
Environmental damage including physical damage to soil, surface water or groundwater, or plant or animal life, caused by pollution conditions and giving rise to clean-up costs.
Defense including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensation damages
Asbestos or lead – no exclusion
Mold and legionella coverage
Transportation of cargo
Non-Owned Disposal Site coverage
Definition of pollution conditions shall include sediments
If the scope of work involves treatment, storage or disposal of hazardous wastes from the job site, Contractor must furnish an insurance certificate from the designated disposal facility establishing that the facility operator maintains current Pollution Legal Liability Insurance in the amount of not less than $2,000,000 per occurrence/$2,000,000 annual aggregate and will cover sudden and gradual pollution losses arising from the facility, associated with work performed under this agreement.
7.7. Notice of Cancellation
For each insurance policy required by the insurance provisions of this Contract, the Contractor must provide to the City, within 5 business days of receipt, a notice if a policy is suspended, voided or cancelled for any reason. Such notice must be mailed, emailed, or hand delivered to audrey.mims@phoenix.gov.
7.8. Acceptability of Insurers
Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Arizona and with an “A.M. Best” rating of B+: VII or a Standard & Poor’s Rating (if rated) of not less than BBB. The City in no way warrants that the required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.
7.9. Verification of Coverage
Contractor must furnish the City with certificates of insurance (ACORD form or equivalent approved by the City) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.
All certificates and any required endorsements are to be received and approved by the City before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract or to provide evidence of renewal is a material breach of contract.
Contractors shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements are to be received and approved by the city before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to review complete certified copies of all required insurance policies, including endorsements required by these specifications, at any time. In the event of a claim or coverage dispute, the City reserves the right to require complete certified copies of all required insurance policies, including endorsements required by these specifications.
Where the City is named as an additional insured, coverage must be as broad as CG 20 10 11 85 or a combination of CG 20 10 or CG 20 26 or CG 20 23 22, 10 01 Editions or equivalent.
All certificates required by this Contract must be sent directly to audrey.mims@phoenix.gov. The City project/contract number and project description must be noted on the certificate of insurance.
DO NOT SEND CERTIFICATES OF INSURANCE TO THE CITY’S RISK MANAGEMENT DIVISION.
7.10. Subcontractors
Contractor’s certificates shall include all subcontractors as additional insureds under its policies OR Contractor shall be responsible for ensuring and verifying that all subcontractors have valid and collectable insurance. At any time throughout the life of the contract, the City of Phoenix reserves the right to require proof from the Contractor that its subcontractors have insurance coverage. All subcontractors providing services included under this Contract’s Scope of Services are subject to the insurance coverages identified above and must include the City of Phoenix as an additional insured. In certain circumstances, the Contractor may, on behalf of its subcontractors, waive a specific type of coverage or limit of liability where appropriate to the type of work being performed under the subcontract. Contractor assumes liability for all subcontractors with respect to this Contract.
7.11. Approval
Any modification or variation from the insurance coverages and conditions in this Contract must be documented by an executed contract amendment.
8. Submittals
8.1. Submission of Offer
Please do not lock the files with password protection so that the City may digitally incorporate the successful offer into the awarded contract.
Please submit offers electronically through the City's Procurement Portal. This Offer will remain in effect for a period of 180 calendar days from the opening date, and is irrevocable unless it is in the City’s best interest to release offer(s).
8.2. Additional Quantities
The City anticipates considerable activity under the resultant contract(s). However, no guarantee can be made as to actual evaporative cooler maintenance and repair, that will be purchased under this contract. The City reserves the right to add, change or delete quantities, items or locations as circumstances may require.
Note: Offers taking exception to this option for additional quantities clause shall indicate in their offer.
9. Vendor Questionnaire
Instructions for Downloading Required Documents
Offerors must download all documents required to be completed and/or signed as part of the Vendor Questionnaire directly from the OpenGov Procurement Portal. Do not use the links in the downloaded solicitation document, as those links may not function properly.
1. PAYMENT TERMS & OPTIONS: Vendors must choose an option, if a box is not checked, the City will default to 0% - net 45 days:*
Contractor offers a prompt payment discount of either ______% - 30 days or 0% – 45 days - to apply after receipt of invoice or final acceptance of the products (invoice approval), whichever date is later, starts the 30 days. If no prompt payment discount is offered, the default is 0%, net 45 days; effective after receipt of invoice or final acceptance of the products, whichever is later. Payment terms offering a discount will not be considered in the price evaluation of your offer.
Contractor may be paid immediately upon invoice approval, if enrollment is made to the Single Use Account (SUA) Program, administered by the City’s servicing bank (“Bank”). By checking this box, the vendor accepts transaction costs charged by their merchant bank and agrees not to transfer to the City those extra charges. The City will not pay an increase in our services for the SUA charges; if an audit uncovers an upcharge for the SUA charges the vendor will owe the City all costs. The vendor may opt-out of the SUA program once, but then may not rejoin during the same contract term. For more information about the SUA program or to enroll, send email to mailbox.sua@phoenix.gov.
*Response required
2. Costs and Payments*
Please download the below documents, complete, and upload.
Submittals_-_Costs_and_Payments.pdf
*Response required
3. Will you be providing any additional Pricing Proposal information?*
Yes
No
*Response required
When equals "Yes"
3.1. Please upload additional Pricing Proposal information here*
*Response required
4. Contractor Licensing Requirements*
Please download the below documents, complete, and upload.
Contractor_Licensing_Requirements.pdf
*Response required
5. References*
Please download the below documents, complete, and upload.
References.pdf
*Response required
6. Certification Regarding Debarment, Suspension, and Other Ineligibility and Voluntary Exclusion*
Please download the below documents, complete, sign, and upload.
Failure to submit a signed Certification Regarding Debarment, Suspension, and Other Ineligibility and Voluntary Exclusion will deem your offer non-responsive and result in disqualification from further consideration.
Certification_Regarding_Debarment,_Suspension,_and_Other_Ineligibility_and_Voluntary_Exclusion.pdf
*Response required
7. Heat Safety Compliance*
Please download the below documents, complete, sign, and upload.
Failure to submit a signed Heat Safety Compliance will deem your offer non-responsive and result in disqualification from further consideration.
Heat_Safety_Compliance.pdf
*Response required
8. Offer *
Please download the below documents, complete, sign, and upload.
Failure to submit a signed Offer Page will deem your offer non-responsive and result in disqualification from further consideration.
Submittals_-_Offer_Page.pdf
*Response required
9. Conflict of Interest and Transparency*
Please download the below documents, complete, sign, and upload.
Failure to submit a signed Conflict of Interest and Transparency form will deem your offer non-responsive and result in disqualification from further consideration.
Conflict_of_Interest_and_Transparency.pdf
*Response required
10. Notices and Contacts*
Please download the below documents, complete, and upload.
Submittals_-_Notices_and_Contacts.pdf
*Response required
11. Pre-Award Qualifications*
Please download the below documents, complete, and upload.
Submittals_-_Pre-Award_Qualifications.pdf
*Response required
12. Please confirm that all required documents have been duly signed and uploaded, including but not limited to: the Offer Page, Conflict of Interest and Transparency, and any other mandatory forms requiring signature.*
Failure to submit all required signed documents may deem our offer non-responsive and result in disqualification from further consideration.
Please confirm
*Response required
13. Warranty*
Please download the below documents, complete, and upload.
Submittals_-_Warranty.pdf
*Response required
14. W-9*
Please download the below documents, complete, and upload.
Submittals_-_W9_Form.pdf
*Response required
15. SOW Certification*
Offeror must provide the certification earned by any technicians that will be performing work under the resulting contract.
*Response required
16. Price Schedule*
Please download the below documents, complete, and upload.
Price_Schedule_Protected.xlsx
*Response required
10. Attachments
A - Exhibit A - Cooler Checklist
B - Exhibit B - Performance Record
C - Acceptance Form 2027
City of PhoenixIssuing agency·Phoenix, AZ·via the City of Phoenix OpenGov procurement portal