Linking Agreement

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
D.L. SALES CORP., dba DAVE DOWNING & ASSOCIATES

THIS LINKING AGREEMENT (this “Agreement”) is entered into as of this day of

, 20 » between the City of Glendale, an Arizona municipal corporation (the “City”), and

DL. Sales Corp., dba Dave Downing & Associates a(n) Arizona corporation authorized to do business
in Arizona (“Contractor”), collectively, the “Parties.”

RECITALS

On February 18, 2022, under S.A.V.E Coopetative Purchasing Agreement. the City of
Scottsdale entered into a contract with Contractor to purchase the goods and services
described in the HVAC Filter Replacement and Maintenance Services (“Cooperative
Purchasing Agreement”), which is attached hereto as Exhibit A. The Cooperative Purchasing
Agreement permits its cooperative use by other governmental agencies including the City.

Section 2-149 of the City’s Procurement Code permits the Materials Manager to procure goods
and services by participating with other governmental units in cooperative purchasing
agreements when the best interests of the City would be served.

Section 2-149 also provides that the Materials Manager may enter into such coopemtive
agreements without meeting the formal or informal solicitation and bid requirements of
Glendale City Code Sections 2-145 and 2-146.

The City desires to contract with Contractor for supplies or services identical, or nearly
identical, to the supplies or services Contractor is providing other units of government under
the Cooperative Purchasing Agreement. Contractor consents to the City’s utilization of the
Cooperative Purchasing Agreement as the basis of this Agreement, and Contractor desires to
enter into this Agreement to provide the supplies and services set forth in this Agreement.

AGREEMENT

NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference,
and the covenants and promises contained in this Linking Agreement, the parties agree as follows:

1.

Term of Agreement. The City is purchasing supplies and/or services from Contractor

pursuant to the Cooperative Purchasing Agreement. According to the Cooperative
Purchasing Agreement, purchases can be made by governmental entities from the date of
award, which was February 18, 2022, until the date the contract expires on February 18, 2023
unless the term of the Cooperative Purchasing Agreement is extended by the mutual
agreement of the original contracting parties. The Cooperative Purchasing Agreement,
however, may not be extended ‘beyond February 18, 2027. The initial period of this
Agreement, therefore, is.the period from the Effective Date of this Agreement until February
18, 2023. ‘The City may renew the term of this Agreement for four (4) one-year periods until

1/2/2020

the Cooperative Purchasing Agreement expires on February 18, 2027. Glendale renewals ate
not automatic and shall only occur if the City gives the Contractor notice of its intent to renew.
The City may give the Contractor notice of its intent to renew this Agreement 30 days prior
to the anniversary of the Effective Date to effectuate such renewal.

cope of Work: T
A. Contractor shall provide City the supplies and/or services identified in the Scope of
Work attached as Exhibit B.
B. Contractor agrees to comply with all the terms, conditions and specifications of the

Cooperative Purchasing Agreement. Such terms, conditions and specifications are
specifically incorporated into and ate an enforceable part of this Agreement.

Compensation.

A. City shall pay Contractor compensation at the same rate and on the same schedule as
provided in the Cooperative Purchasing Agreement, which is attached hereto as
Exhibit C.

B. The total purchase price for the supplies and/or services purchased under this
Agteement shall not exceed one hundred thousand dollats ($100,000) annually or five
hundred thousand dollats ($500,000) for the entire term of the Agreement (initial term
plus any renewals).

Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511.

Non-discrimination. Contractor must not discriminate against any employee or applicant for
employment on the basis of race, colot, teligion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status, U.S. military
veteran status or any disability. Contractor will require any Sub-contractor to be bound to the
same requirements as stated within this section. Contractor, and on behalf of any
subcontractors, warrants compliance with this section.

Insurance Certificate. A certificate of insurance applying to this Agreement must be provided
to the City prior to the Effective Date.

E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the
tequirements of A.R.S. § 41-4401.

No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 ate applicable, the
patties hereby certify that they are not currently engaged in, and agree for the duration of the
Agreement to not engage in, a boycott of goods or services from Israel, as that term is defined
in ARS § 35-393.

4/29/2021

Attestation of PCT Compliarice,
annually with a Payment Card Industry Dats Security Standatd (PCI DSS) attestation of
compliance certificate signed by an officer of Conttactor with oversight responsibility.

10. Notices. Any notices that must be provided under this Agreement shall be sent to the Parties’
respective authorized representatives at the addtess listed below:

City of Glendale

c/o Linda Musser

6210 W. Mystle Avenue, Suite 111
Glendale, Arizona 85301

Ienussen@giendalees.com
And

DL. Sales Cotp.

c/o Jit Ward.

130 N 39* Avenue

Phoenix, Arizona 85009

jward@davedowning.com
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
eet forth above.

“City” “Contractor”
City of Glendale, an Arizona DLL. Sales Cozp.,
Ni i.e
Kevin R. Phelps Name: Jefon Downing”
City Manager Title: VP of Operations
ATTEST:

Julie K. Bower (SEAL)
APPROVED AS TO FORM:
Michael D, Bailey

City Attorney

4/29/2001

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
D.L. SALES CORP., dba DAVE DOWNING & ASSOCIATES

EXHIBIT A
(CITY OF SCOTTSDALE
CONTRACT NO. #22RP015
HVAC FILTER REPLACEMENT AND MAINTENANCE SERVICES)

4/29/2021

OFFER AND ACCEPTANCE

Clty of Scottsdale
Purchasing Division
9191 E. San Salvador Dr.
Scottsdale, AZ 85256
Phone: 480-312-5700 — Fax: 480-312-5701

22RP015 L SOLICITATION TITLE: | HVAC Filter Replacement and Maintenance Services
OFFER

TO THE CITY OF SCOTTSDALE:

The undersigned hereby offers and agrees, in accordance with the undersigned's written offer submitted in response to this
solicitation, to furnish the material and/or service(s) in compliance with all terms, conditions, specifications, scope of work, and
addendums in the solicitation listed above, Including written exceptions that are subject to the approval of the City prior to
acceptance. The undersigned agrees that the entire solicitation listed above is hereby Incorporated by reference as If fully set
forth herein.

The Offeror's signature on this Offer form certifies that he has read; understands and will comply with all terms, conditions and
specifications stated in all documents constituting the solicitation. The bidder also certifies It is in compliance with the Non-
Collusion and all Federal and Arizona State Immigration Laws.

OFFER MADE - COMPANY INFORMATION FOR CLARIFICATION OF THIS OFFER, CONTACT:

CompanyName Du. SALES coer. dala |PrintedName uw wWAr TS
PAVE DonNninb @ AssouATES

Address Title ACCOUNT Mant Po bey |
[30 naa *8 Ave

City State Zip Phone 602..264, S1do

Poe nixX AZ 85004

Signature for Offeror Date Fax E Mall

; award @ dor WAG,»
Address tf different from Company Info
Federal Employer Tax ID # or SSNas per W9 Statement City, State, Zip ( if different from Company Info )
ACCEPTANCE OF OFFER, NOTICE OF CONTRACT AWARD

(for City of Scottsdale Use Only)
The Contractor's offer ls hereby accapted by the Clty of Scottsdale. The Contractor is now bound to sell the materlals and/or
service(s) and perform based upon the above solicitation, Including all terms, conditions, specifications, scope of work, and
addendums contained In the solicitation, as well as any written exceptions that have been separately accepted by the City.
This contract shall henceforth bs referred to as Contract #22RP015
The contract consists of the following documents: 1) Solicitation #22RP015 and all addendums (if applicable) as Issued by the
Clty; 2) The Contractor's response to the City’s solicitation; 3) This signed offer and acceptance and any other applicable
contractual agreements, 4) All written exceptions and/or modifications to the solicitation requirements as agreed to by the City
and the Contractor as per attachment, dated
The Contractor is hereby cautioned not to commence any billable work or provide any material or service under this contract
until the Contractor receives a purchase order document from the City.
The Contractor must provide the following checked Items within ten (10) calendar days from the date of this Acceptance of
Offer, Notice of Contract Award In order for the Clty to Issue the required Purchase Order: [] Payment Bond Performance
Bond, [7] Insurance Certificate(s), [1] I.R.S. Form W-9/Taxpayer ID No. & Certification, 1] other documentation as identified.
If the Contractor falls to furnish the required documents within the stated ten (10) calendar days, they may be considered in
default and may be at risk of forfeiture of any applicable Bid Bond'posted. All to
Contract Specialist listed |

This document has been approved as to form on the 22™ day of July, City of Scottsdale, a municipal corporation
2012 by the City Attomey and Is on file with the City Clerk. Itneed notbe | Offer Accepted and Awarded this __18th day
submitted to the City Attomey for approval unless the form document Is of February 120.22.

altered,

Risk Manegement Issues reviewed and approved as to form December 14 2024_ (Cm = or
by Clty of Scottsdale Risk Management Director Robert Schoepe, Purchesing Director, GPM
Recommended award approved February9 SS, 2022 Or Designee Cheryl Champine, NIGP-CPP, CPPB, PSCM

by Clty of Scottsdale Contract Administrator As City of Scottsdale Purchasing Diractor

Laat Update: 02/24/2020-doc #17128130-v8
COS RFP Tamplate

HVAC Filter Replacement and Maintenance Services RFP #22RP015

Firm and Staff Qualifications

DL Sales Corp dba Dave Downing & Assoclates has been doling business In Phoenix and the Arizona
market for 43 years.

We have been the incumbent at City of Scottsdale and City of Scottsdale Water Department for the
previous five year until current. In addition, we have provided service at the City of Phoenix for the
previous five years as well,

Our services include Air filter changeout, removal of dirty filters, report on any equipment Issues seen
during our visit. In addition, we provide coll cleaning services, V-Belt changeouts, cooler services.

DL Sales staff can be reached at our main office in Phoenix. Our phone number is (602)264-5100. Emails
of main contacts are, Tyler Leach (Service Coordinator) tyler@davedowning.com, Jim Ward (Account

Manager) jward@davedowning.com .

All Service technicians from DL Sales must pass a background check provided through the City of
Scottsdale Police Department. In addition, they must pass a drug screening when hired as well as a
background check.

There is an internal training program in place provided by our service management to Include proper
handling of product as well as protocols for entering a property correctly and communicating with ours
and customer’s staff. Detalls provided upon request.

Organization Chart

Jim Ward CAFS-Account Manager
Tyler Leach-Service coordinator
Derrick Litzau-Main Service Technician
Shanna Lord-Accounting Manager
Qualifications

Jim Ward- 32 Years experience primarify with Alr Fitter Manufacturers Including Branch Manager
Camfil Farr, Western Regional Manager AAF-Flanders and Account manager DL Sales. NAFA CAFS
certified.

Jason Phillips NTC-20 years as Service Manager for DL sales. NAFA Certified.
Tyler Leach-17 years experience as Service Coordinator with DL Sales
Derrick Litzau-8 years experience as a service technician for DL Saies.

Shanna Lord-16 years experience as Accounting Manager

Project Approach

Working In conjunction with City of Scottsdale requirements DL Sales will perform periodic
changeouts of alr filters. All technicians will have been background checked and wear appropriate
badges. Tyler Leach our Service Coordinator will do the scheduling based on intervals required. In
addition, Tyler will communicate with city of Scottsdale key personnel to relay any information
related to potential delays or equipment issues. Delays may be due to product availability which we
will relay and advise if there are alternate solutions that the city may accept.

Industry Knowledge

DL Sales Is an active member of NAFA and one of the owners Is the past president of the organization.
Our sales team combines for over 75 years of experience in the filtration industry. We stay abreast of
current trends to provide our customers with the latest technology offerings for the best indoor air
quality.

Reference list

Letters of reference were requested and may be sent In directly;

City of Chandler- Veldon Reeves (Superintendent) veldon.reeves@chandleraz.gov

City of Glendale- Scott Cabral (Facilities Manager) scabral@glendaleaz.com

Scottsdale Unified School District- Kyle Hall (Supervisor Preventative Maintenance) khall@susd.org

Warranty Statement

DL Sales will warranty all products offered as per the manufacturers performance specifications and
guarantee our labor meets City requirements or we will replace and Install without charge non-
compliant product and service.

Safety Program

Please see attached sample of Site safety protocol! performed by our service department. DL Sales
continues to provide safe equipment and review safety policies with technicians.

D.L. Sales Corp

INVOICE

Involce # INV956106
Dave Downing & Assoclates Date 12/17/2021
Filternp Sales * Filtration Systems Due Date 1/16/2022
130 N 39th Avenue Fast Track #
Phoenix, AZ 85009 sO# Sales Order #$041383
Phone: 602 264-5100 Customer ID 1T027-047
= Customer PO P00361122-1
Shipping Method SERVICE
Bill To Ship Date 12/7/2021
Tracking #
Accounts Payable Sales Rep Jim Ward
Clty Of Scottsdale Terms Net 30
*emall Invoices Only* Seton Phoenix
Fminvotces@stottsdaleaz.gov
Scottsdale AZ 85001 Ship To
United States 1701-Pd #1
7601 E Mckellips
Scottsdale AZ
United States
Item Description Qty Units Tax Price Total
AH 1-4 DONE MONTHLY No
24X24X2-HC8 HIGH CAPACITY MERV 8 43 EA Yes $3.50 $150.50
12X24X2-HC8 HIGH CAPACITY MERV 8 20 EA Yes $3.13 $62.60
20X24X2-HC8 HIGH CAPACITY MERV 8 1 EA Yes $4.05 $4.05
LABOR LABOR 64 No $3.17 $202.88
Subtotal $420.03
Tax $18.67
Freight $0.00
Total $438.70
Amount Paid $0,00
Thank you for your order. Contact AR@davedowning.com, If you have any questions. Amount Due $438.70

SPECIAL ITEMS CANNOT BE CANCELED OR RETURNED.

Tnvolce#: INV9S6106 | Email Involce: No | Page 1 of 1

BIDDER GENERAL DISCLOSURE FORM |

‘4 -\ | HVAC FILTER REPLACEMENT AND MAINTENANCE SERVICES
J | RFP #22RP015 |

Bidder shail respond to each of the questions below by checking the appropriate box and provide
supplemental information as needed. Failure to fully and truthfully disclose the information required by this
disclosure form may result in the disqualification of your submittal from consideration or termination of the
contract, once awarded.

Debarment / Suspension Information — Has the Respondent or any of its principals been debarred or
suspended from contracting with any public entity?

[_] ves me

If“YES”, in an attachment to this form identify the public entity and the name and current phone number
of a representative of the public entity familiar with the debarment or suspension and state the reason for
or circumstances surrounding the debarment or suspension, including but not limited to the period of time
for such debamment or suspension.

Surety Information — Has the Respondent or any of its principals ever had a bond or surety cancelled
or forfeited?

L_ ]yYes oe

If “YES”, in an attachment to this form identify the name of the bonding company, date, amount of bond
and reason for such cancellation or forfeiture.

Bankruptcy Information - Has the Respondent or any of its principals ever been declared bankrupt or
filed for protection from creditors under State or Federal proceeding in the last seven (7) years?

[_] Yes rie

lf “YES", in an attachment to this form identify the date, court, jurisdiction, case number, amount of
liabilities and amount of assets.

ACCOUNT AMA ties.
Title
12.20.2021

Printed Name Date
COMPANY NAME: DL SALES copP dla Taye Qounw JAssoc.

Last Update: 02/24/2020-doo #17128138-v6
COS RFP Template

BIDDER LITIGATION DISCLOSURE FORM

HVAC FILTER REPLACEMENT AND MAINTENANCE SERVICES
RFP #22RP015

Bidder shall respond to each of the questions below by checking the appropriate box and provide
supplemental information as needed. Failure to fully and truthfully disclose the information required by
this disclosure form may result in the disqualification of your submittal from consideration or termination
of the contract, once awarded.

Have you or any member of your Firm or Team to be assigned to this contract ever been indicted or
convicted of a felony or a misdemeanor involving theft or moral turpitude in the last five (5) years?

[_] Yes {no

Have you or any member of your Firm or Team to be assigned to this contract ever been terminated (for
cause or otherwise) from any work being performed for the City of Scottsdale or any other Federal, State
or Local Government?

[_] Yes [Ano

Have you or any member of your Firm or Team to be assigned to this contract ever been involved in any
claim or litigation with the City of Scottsdale or any other Federal, State or Local Government during the
last ten (10) years?

L_] Yes [Ano

If you answered “YES”, to any of the above questions, in an attachment to this form, please indicate the
name(s) of the person(s), the nature, and status and/or outcome of the information, indictment,
conviction, termination, claim or litigation, as applicable.

ACLOUWT MAD AER.
Signiatu Title
=m Warp (2.20.202-4
Printed Name Date

COMPANY NAME>. SALES coRP dha DaweDauninhedssoc,

Last Update: 02/24/2020~coc #17129139-V6
COS RFP Template

City of Scottsdale

Award Recommendation Determination

Solicitation Number: 22RP015

Title: HVAC FILTER REPLACEMENT AND MAINTENANCE SERVICES

Description: The City of Scottsdale sought proposals to purchase and perform HVAC filter
replacement and maintenance at varlous facilities located throughout the clty on a
monthly and quarterly basis.

Justification:

The successful offeror, as recommended for award by the evaluation committee, has been selected for award In
accordance to the evaluation factors set forth In the request for proposal representing the best Interest of the City.

Request for Proposals (RFP) #22RP015 for HVAC filter replacement and maintenance services was posted to the
Internet on December 17, 2021 and a submittal was received by the extended due date of January 19, 2022.

No pre-bid meeting was held.

Two (2) addenda were posted to the Internet. One on January 7, 2022 extending the submittal deadline and in a
response to questions and one on January 18, clarifying a question.

One (1) proposal was received and evaluated In accordance with Section 2-188 of the Procurement Code and the
evaluation criterla set forth In the solicitation.

The evaluation committee determined the proposal submitted by Dave Downing & Associates as advantageous to the
City based on the criteria set forth In the solicitation.

A recommendation for award from the Contract Administrator, Patricla Kaleopa, Facilities Contract Coordinator has
been made in writing (DM 19385700) to Dave Downing & Associates for Contract #22RP015 HVAC Filter Replacement
and Maintenance Services,

Therefore, in concurrence with the Contract Administrator and in accordance with Section 2-188 and Section 2-201, a
contract shall be administratively awarded.

The estimated fiscal year impact of the resulting contract is expected to be $500,000.

Determination prepared 2/9/2022 by:

Cheryl Champine, Bid & Contract Analyst

02/09/2022

Robert Schoepe, CPM Date
Purchasing Director

Page 1 of 1

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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
D.L, SALES CORP., dba DAVE DOWNING & ASSOCIATES

EXHIBIT B
Scope of Work

PROJECT

Contractor will provide HVAC filter and coil replacements and maintenance of air handling units at
City of Glendale facilities on an as-needed basis.

4/29/2021

Direct all invoices to: CITY OF SCOTTSDALE

City of Scottsdale
Attn: Accounts Payable
7447 E. Indian School Rd.

PURCHASING OFFICE
9191 E. SAN SALVADOR DR.
SCOTTSDALE, AZ 85258

Ste 210 Phone (480) 312-5700
Scottsdale, AZ 8251 Fax (480) 312-5701
Phone (480) 312-2432
Clty of Scottsdale Formal Solicitation Instructions to Bidders
(Attachment A)
1. Submittal Receipt and Opening

SEALED SOLICITATION SUBMITTALS WILL BE RECEIVED until the time and date stated in the
CRITICAL DATES section of the solicitation, at the Purchasing Department Front Desk, located on the
second floor of the waged Corporation ae Building Pd al 7 E. heat Lrctteckal Dr., Scottsdale, fed
85258. Alls : st be te e E ash

or before the submi iittal receipt time and date, LATE se oul WILL NOT BE ACCEPTED. To
allow staff to complete required intemal administrative functions, submittals will be opened, read and the
name of each bidder recorded, as a matter of public information, within thirty (30) minutes after the receipt
time and date have past.

No submittal will be considered unless it is submitted on the forms contained herein. Ail submittals must
be presented In a sealed envelope or box. The outside of the submittal must be clearly marked with
the solicitation number, solicitation title and the submitting company’s name. This includes envelopes
delivered by Fed Ex, UPS, DHL or other carrier.

Purchasing Department Hours and City Observed Holidays

The Purchasing Department is open Monday through Friday 8:00 a.m. to 4:00 p.m. City holiday time
frame will be 6:00 p.m. the eve of the holiday until 6:00 a.m. on the day after the holiday. City holidays
that occur on a weekend day may be observed on the adjacent working week day. City holidays include
but are not limited to the following:

a. New Year's Day January 1st (or Friday before or Monday after)

b. Martin Luther King Day 3rd Monday in January

c. President's Day 3rd Monday in February

d. Memorial Day Last Monday in May

e. Independence Day July 4th (or Friday before or Monday after)

f. Labor Day 1st Monday in September

g. Veteran's Day November 11 (or Friday before or Monday after)

h. Thanksgiving Day 4th Thursday in November

i. Day after Thanksgiving 4th Friday in November

j. Christmas Day December 25th (or Friday before or Monday after)
Pre-Bid Conference

If applicable the Pre-Bid Conference time, date and location will be stated in the CRITICAL DATE section
ofa solicitation. All bidders are urged to attend.

Mandatory Pre-Bid Conference

If applicable the mandatory Pre-Bid Conference time, date and location will be stated in the CRITICAL
DATES section of a solicitation. This mandatory Pre-Bid Conference is open to all the public and all
individuals in attendance will be required to sign in on the mandatory Pre-Bid Conference sign-in sheets.
Companies planning to submit a bid must have a company employee physically present at the Pre-Bid
Conference. ONLY bids received from companies that physically attended and signed in at the mandatory
Pre-Bid Conference will be considered responsive. This will be the ONLY visit provided.

Information Requests
Requests for additionat information relating to this bid should be directed to the staff member identified in
the SOLICITATION INFORMATION REQUEST section of a solicitation.

1

06/15/2020 ~ Doc #17136846-v3
COS Instruction to Bidders Template (master)

6. Solicitation Questions
The Bidder shall submit all questions, requests for clarification and inquiries in regard to this solicitation to
the staff member identified in the SOLICITATION INFORMATION REQUEST section of a solicitation by
the deadline for questions stated in the CRITICAL DATES section of a solicitation. It is preferred that all
questions be submitted via email to the appropriate Purchasing Staff. When submitting any questions,
the Bidder should indicate the page number, Section Number/Clause, Title and if possible, paragraph
number that is being questioned.

It is your responsibility to give notice, in the form of written questions before the bid opening on any item
or issue in this solicitation that you believe should not be included or contained in any amendment to this
solicitation or that the City failed to include in this solicitation that should have been included, and by your
notice, the City could have cured the problem if the item or issue had been timely raised or objected to.

Failure to give notice may constitute a waiver of your right to object to the inclusion or lack of inclusion of
the item or issue in this solicitation in any subsequent protest filed by you.

All questions, regardless of the method they are communicated (email, regular mail or hand delivered),
must be clearly marked as “Solicitation Questions” and state the solicitation number in the subject line of
the email or on the outside of the envelope. If questions are not submitted via email, the submittal
envelope MUST be clearly marked with solicitation number and words “SOLICITATION QUESTIONS’, or
it may be mistaken as an actual bid submittal and not be opened immediately.

Any inquiries received after the specified time will be reviewed on an individual basis by the Purchasing
Staff to determine if a response would be advantageous for the City.

7. Approved Alternates (if applicable will be stated in the CRITICAL DATES section of a sollcitation)
Specifications and plans, if applicable, may contain references to service requirements, equipment and/or
materials (patented or unpatented) or "approved altemnate(s)." Such references shall be regarded as
establishing a standard of quality, finish, appearance, performance or as indicating a selection or design
based upon compatibility with existing equipment, materials or details of construction (if applicable)
inherent to the project design. Such references shall not be construed as limiting the selection to a
specified item, source or design detail. The use of an alternate or substitute item or source as an approved
alternate will be permitted, subject to the following procedure and pursuant to ARS 34-104 if the subject
maiter of this solicitation involves construction.

a. The Bidder shall submit a written Request for Alternate to the staff member identified in the
SOLICITATION INFORMATION REQUEST section of a solicitation by the deadline for Approved
Alternates stated in the CRITICAL DATES section of a solicitation. Requests for alternates submitted
to the City's contracted Consultant or other City Staff shall not be reviewed. The submittal envelope
must be clearly marked with solicitation number and "REQUEST FOR APPROVED ALTERNATE".
Requests must be time stamped by the Purchasing Division no later than the deadline for submitting
APPROVED ALTERNATE as stated in the CRITICAL DATES section of a solicitation. The approved
alternate request shall include all information necessary for proof of quality and suitability for
substitution including benefits, engineering design and data (calculations) and/or detailed plan
modifications which may be required by the substitution. The Bidder shall submit additional
information and/or samples when required.

The Contract Administrator or his representative, will evaluate the information submitted, perform
tests when necessary and make comparisons in order to approve or reject the proposal. If rejected,
the Contract Administrator shall give notice of rejection to the Bidder submitting the request for
approved alternate.

b. Purchasing, if the request for approved alternate is accepted, shall issue a written addendum to the
solicitation specifying the approved alternates and publish the modification in the same manner as
the original solicitation documents.

06/15/2020 — Doc #17138645-v3
COS Instruction to Bidders Template (master)

10.

11.

12.

13.

14,

c. The Specifications may reference equipment or materials “or altermate”. The reference to "or
altemate" shall be construed to mean "or approved alternate" in every instance. Use of an alternate
or substitute item shall be allowed only if approval was received as outlined in this section.

d. For purposes of submitting a Request for Approved Alternate, the “Bidder” is defined as the person
or firm entering a submittal to the City in response to this solicitation. Therefore, the City will not
entertain any submittal for an approved alternate from any party not meeting the definition of Bidder.

Environmental Procurement Policy

The City has established an Environmental Procurement Policy which encourages the inclusion of
environmentally responsible products and services available to meet the intended purpose. We
encourage the offer of alternatives that broaden the range of environmentally responsible products or
services that will meet the performance requirements of this solicitation. IF YOU WISH TO SUBMIT AN
ALTERNATIVE, follow the procedures specified in the Instructions to Bidders, Approved Alternate Section
of this document, unless the approved alternate clause has been deemed not applicable.

Purchasing Web Site

The Purchasing web site provides a wide variety of information; including the capability to download
solicitations and plan sheets (if applicable), how to introduce your products, a list of the Buyer’s commodity
lines, etc. The web site can be accessed at http:/Awww.scottsdaleaz.gov/purchasing. Registering and
downloading a solicitation wilt also provide the supplier with notices of all addenda that are issued.

Downloading Sollcitations

All solicitation documents, plan sheets/drawings, if applicable, and addenda are available for download in
-Pdf format. Bidders may print their own copies of these documents or provide the files to any
reprographics/copy center in their area. Bidders will no longer be able to pick-up these documents at the
Purchasing Department and plan shipments are no longer available. There will be one set of plan
sheets/drawings (if applicable) available for onsite review only at the Purchasing Office located at 9191 E.
San Salvador Dr., Scottsdale, AZ 85258.

You must download the solicitation from the Purchasing web site at

https://eservices. scottsdaleaz.gov/Solicitations/Solicitation in order to be automatically notified of

associated addenda.

Emall Notification

The City of Scottsdale does not maintain a Bidder list; however, on the Purchasing web site, lower right
side, see “Subscribe to Solicitation Opportunities", enter your email address and click subscribe to receive
@ Notification of Solicitation Opportunities twice weekly at http:/Avww.s daleaz.gov/purchasing.

Clty of Scottsdale Procurement Code

All procurement activities, conducted by the City of Scottsdale, are in conformance with the rules and
regulations of the Scottsdale Procurement Code. A copy of the Code is available for review in the Office
of the City Clerk located at City Hall, 3939 Drinkwater Boulevard and the Purchasing Office, located at
9191 E. San Salvador Drive, Scottsdale, Arizona. A copy of the Code is also available from the Purchasing

website at http:/Avww.scottsdaleaz.gov/purchasing.
A hard copy of the Code is available for purchase, for a fee of $10.00, at the Purchasing Office.

Prospective Bidder’s Conference

A prospective Bidder's conference may be held. If scheduled, the date and time of this conference is
indicated on the cover page of this document. The purpose of this conference is to clarify the contents of
this solicitation in order to prevent any misunderstanding of the City’s position. This conference will also
give Bidders an additional opportunity to submit any questions and discuss any questions previously
submitted.

Bidder's Presentation
Bidders may be invited to make a presentation. If invited, Bidders will be notified of the date and time of
the presentation by the City of Scottsdale Purchasing Department.

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Ineligible Bidder

The preparer of the bid specifications is not eligible to submit a bid or proposal on the solicitation for which
they prepared the specification, nor is the preparer eligible to supply any product to a Bidder or Offeror on
the solicitation for which they prepared the specification.

Obilgations
The issuance of this solicitation shall not obligate the City to pay any costs incurred in the preparation and
submission of proposals.

Non-Collusion Affidavit
By signing the Offer and Acceptance Form/Signature Page of the solicitation, or other official contract
form, the Bidder certifies that:

In connection with the performance of this solicitation or any resulting Contract, the Bidder is stating and
certifying that the Contractor/Company has not either directly, or indirectly, entered into any agreement,
participated in any collusion, or otherwise taken any action in restraint of free competitive proposing in
connection with the preparation or submission of its submittal in response to this solicitation or any
potential resulting Contract.

lf any company is jointly owned or associated through common officers/employees with another
company(s) that is/are responding to the same solicitation, both/all of those companies must take all
precautions to ensure that the preparation of their Bid or Proposal submittal is done completely
independent of the other company(s) or individual(s). Specifically, any individual working on preparation,
approving or signing one submittal can have no knowledge of or interaction with any other bid or proposal
submission from a different company for that same solicitation.

If the subject matter of this solicitation is construction, the Bidder shall submit a completed and Notarized
Non-Collusion Affidavit, stating and certifying that said Bidder/Company has not either directly, or
indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in
restraint of free competitive proposing in connection with the preparation or submission of its submittal in
response to this solicitation or any potential resulting Contract. The Bidder shall return the completed and
notarized Non-Collusion Affidavit with its submittal.

Immigration Law Compllance

By signing the Offer and Acceptance Form/Signature Page of this solicitation, the Bidder certifies and
warrants that for all solicitations for services (including construction services), it has complied with and will
maintain compliance with the E-Verify Program as required by ARS §23-214(A) up to the time of the
contract award. Failure to comply with the E-Verify Program may result in the automatic disqualification
of the submittal as being non-responsive or the termination of any Contract awarded and the possible
forfeiture of any applicable bond.

The City will include specific “Compliance with Federal and Arizona State Immigration Laws” language in
any Contract or Subcontract it enters into with the successful Bidder. In addition, this language must be
included in any Subcontracts that the successful bidder enters into with its Subcontractors.

Lawful Presence In The Unlted States for Persons

Arizona State law A.R.S. §1-502 (H.B. 2008) requires that all PERSONS who will be awarded a Contract
and apply for public benefit, must demonstrate through a signed affidavit and the presentation of a copy
of documentation, that they are lawfully present in the United States.

A PERSON is defined as all-NATURAL PERSONS/INDIVIDUALS/SOLE PROPRIETORSHIPS as
indicated by your W-9 Filing. (This law does not apply to LLP’s, LLC's, PLLC’s, Corporations, Limited
Partnerships or General Partnerships)

By submitting your quote, bid or proposal to the City, you are agreeing that if you are selected as the
awardee and meet the criteria as a PERSON, you will abide by this law and sign and submit an AFFIDAVIT
DEMONSTRATING LAWFUL PRESENCE IN THE UNITED STATES and attach the appropriate copy of

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your documentation in proof of that statement. Types of acceptable documentation copies are an Arizona
Driver's License issued after 1996, Arizona nonoperating identification license, U.S. Birth Certificate, U.S.
Passport, I-94 Form with photograph and several others that are all listed on the Affidavit Form that the
City will send to you for your completion prior to issuing any Contract.

If you have previously done business with the City and already have filed the above Affidavit with copies
of an acceptable document, please indicate the date of submission. An acceptable Affidavit already on
file with the City will be sufficient to meet this requirement.

If you fail to provide a completed Affidavit and accompanying acceptable copy of your documentation, or
not advise the City of your prior filing within 10 calendar days of being requested, then you may be
considered non-responsive and disqualified from award consideration. You can obtain the complete
Affidavit form from the Purchasing Department at (480) 312-5700 or the Purchasing web site at
htto:/Avww.scottsdaleaz.gov/Purchasing on the lower right side of the page under Forms.

Taxes/Licenses
Federal H
The City of Scottsdale is exempt from certain federal excise taxes. The most common areas where the
City is exempt are:
1. Fuel that is used by the City
2. Communication
3. Heavy trucks, trailers and tractors
4. Certain Superfund activity

If there is a specific circumstance that is in doubt, you should contact the City to resolve the status of that
Federal Excise tax and its applicability.

Tran: in Privilege (Sales) Taxes on the City:

The City of Scottsdale is not exempt from being charged the appropriate Arizona State, County, and City
privilege (sales) taxes on the goods and services that it procures. For suppliers within the State of Arizona,
the City expects to be charged the appropriate privilege taxes on the invoice. For out of state suppliers
that do not have the ability to collect Arizona privilege taxes, the City will self-accrue such Arizona State
and City use taxes for collection and payment to the State of Arizona and City of Scottsdale.

Transaction Privilege (Sales) Taxes on the Supplier / Contractor: Certain business services and
activities may incur a City of Scottsdale Transaction Privilege (sales) tax liability. To determine the City of

Scottsdale tax treatment, please visit the following website and view the City of Scottsdale Tax Code and
other Privilege and Use tax resources.

Questions pertaining to the applicability of taxes shall be directed to the City of Scottsdale Tax & License
Section at 480-312-2400. The Contractor shall be responsible for payment of all applicable taxes due on
Contract income whether or not such taxes are specifically separated in the bid amount.

http:/Awww.scottsdaleaz.gov/taxes/

Certain Business Services and Activities may have a State Transaction Privilege (sales) tax liability. To
determine the State tax treatment, please visit the following website or contact the Arizona Department of
Revenue at 602-716-6578 or 602-716-6657.

http://azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=42

To obtain a State of Arizona Privilege (Sales) Tax License Application, please go to the following website:
ttp:/Avww.azdor.gov/Business.aspx

The City of Scottsdale requires a license for service-oriented businesses located in Scottsdale that do not
have a City of Scottsdale transaction privilege (sales) tax liability. This includes all activities or acts
including, but not limited to service, professionals, trades and occupations, personal or corporate. To
engage or continue in business the owner must obtain a Business, Occupational and Professional License.
Service oriented businesses located outside the City limits are NOT required to obtain a Business,
Occupational and Professional License from the City of Scottsdale.

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23.

Please visit the following website for the City of Scottsdale Transaction Privilege & Use Tax License and
the Business, Occupational and Professional License applications:
http:/Awww.scottsdaleaz.govitaxes

Bidder is solely responsible for any and all tax obligations which may result out of the Bidder’s
performance of this Contract. The City has no obligation to pay any amounts for taxes, of any type
incurred by the Bidder.

Con n_ Related Tran: rivile Taxes R of the C 4

The Contractor shall be responsible for payment of all applicable State of Arizona and City of Scottsdale
transaction privilege (sales) taxes due on construction income whether or not such taxes are specifically
separated in the bid amount. The taxes are to be reported on either a progressive billing (accrual) basis
or cash receipts basis, depending on the method chosen at the time application was made for the Privilege
(sales) Tax License.

City Privilege (sales) tax exemptions/deductions may be applicable to certain projects. We advise you to
consider this as you prepare your bid. Please review, in detail, Sections 415, 465, and 110 of the
Scottsdale Revised City Code, Appendix C to determine if exemptions/deductions are applicable. For tax
guidance, please reference the City Code and other tax resources at the following website:

http:/Avww.scottsdaleaz.gov/taxes/

To determine tax treatment of design/build Contracts, please contact the Arizona Department of Revenue
at 602-255-2060 and the City of Scottsdale Tax Audit Section at 480-312-2629.

Construction bids will be evaluated and recommended for award based on the total bid cost including tax.

Contractor’s Licensing Requirements

If applicable, the Contractor shall identify its Arizona State Contractor's License Number and Classification
on the Bid Form and Bid Form Signature Page, as evidence that it is licensed to contract the work indicated
in the specifications at the time of bid submittal,

In accordance with Article 3, Regulation 32-1151 of the Arizona Registrar of Contractors Statutes and
Rules, it is unlawful for any person, firm, partnership, corporation, association or other organization, or a
combination of any of them, to engage in the business of, submit a bid or respond to a Request for
Qualification/Quotation or a Request for Proposals for construction services as, act or offer to act in the
capacity of or purport to have the capacity of a Contractor without having a Contractor's license in good
standing in the name of the person, firm, partnership, corporation, association or other organization at the
time of bid submittal, if such licensing is a requirement of the Arizona Registrar of Contractors.

Litigation

The Bidder shall disclose along with any Submittal any issue or potential issue that may have a material
bearing on the financial condition, solvency or credit worthiness of the organization. Disclosure includes
any material contingent liabilities or uninsured potential losses, involuntary contract terminations in other
jurisdictions and any voluntary or involuntary bankruptcy filings over the past 7 years. The Bidder shall
also disclose any litigation in which the Bidder has been involved in, either as a plaintiff or defendant,
within the past 3 years, and the Bidder shall agree to notify the City within 7 days of any litigation or
significant potential for litigation of which the Bidder becomes aware. Further, the Bidder shall warrant
that it will disclose in writing to the City all litigation involving the Bidder, the Bidder's related
organization(s), owners and key personnel.

Subcontractor’s List

If, at the time of bidding, any Bidder intends to Subcontract any portion of this Contract, the Bidder must
complete the information required on the Subcontractor's List preceding the Bid Form and include this list
with bid submittal documents.

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Subcontractors
During the performance of the Contract, the Contractor may engage any additional Subcontractors as may
be required for the timely completion of this Contract, unless specifically prohibited by the specification.
The addition of any Subcontractors must first receive the approval of the City. The awarded Contractor
may relieve Subcontractors of City Tax liability by providing them with a completed Subcontractor Written
Declaration form.

In the event of subcontracting, the sole responsibility for fulfillment of all terms and conditions of this
Contract rests with the Contractor. The Contractor assumes responsibility for the proper performance of
the work of Subcontractors and any acts or omissions in connection with such performance. Nothing in
the Contract documents is intended or deemed to create any legal or contractual relationship between the
City and any Subcontractor or Sub-Subcontractor, including but not limited to any third-party beneficiary
rights.

Confidential Information
Requests for nondisclosure of confidential information such as trade secrets and other proprietary data
must be made known to the City within the bid submittal.

Bidders are instructed to clearly identify any proprietary information that may be submitted, and, if feasible,
package such information in a separate, sealed envelope labeled “Confidential” or “Proprietary”.

The City is subject to Arizona statutes and City Charter provisions that may permit the inspection of public
records. The City cannot ensure confidentiality of any portion of a submittal document in the event a public
inspection request is made.

However, in accordance with Section R2-188.23 pertaining to Request for Proposals and Section R2-
188.6 pertaining to Invitation for Bids, of the City’s Procurement Code, the City shall examine the portions
of your proposal noted as “Confidential” and/or “Proprietary”. If a determination to disclose the information
is made, you shall be so informed.

This is the only notification conceming confidential information that will be given to potential bidders, and
this provision should be taken into consideration prior to submitting a bid.

After Contract award, and unless otherwise instructed by the Bidder, the City will destroy all information
identified as confidential or proprietary in accordance with public records retention requirements.

Small Business
Small, minority owned businesses (MBE/WBE/DBE) are encouraged to respond to City of Scottsdale
solicitations.

Title Vi Notice

"The City of Scottsdale, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78
Stat. 252.42 U.S.C. §§ 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively
ensure that for any contract entered into pursuant to this advertisement, disadvantaged business
enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not
be discriminated against on the grounds of race, color, or national origin In consideration for an award.”

Interpretations, Addenda

THE CITY OF SCOTTSDALE WILL NOT BE RESPONSIBLE FOR BIDDERS ADJUSTING THEIR
SUBMITTAL BASED ON ORAL INSTRUCTIONS BY ANY MEMBER OF THE CITY STAFF OR BY THE
CITY'S CONTRACTED CONSULTANT OR AGENT. SUSBMITTALS DEVIATING FROM THE
SPECIFICATIONS CONTAINED HEREIN BY ANY MEANS OTHER THAN AN AUTHORIZED
ADDENDUM ISSUED BY THE PURCHASING DIVISION ARE SUBJECT TO REJECTION.

Should a Bidder find an ambiguity, inconsistency or error in the applicable Plans or Specifications, or
should it be in doubt as to their meaning, it shall at once notify the contact person listed on page one of

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