Stormwater Pro Agreement
Extracted text (via pymupdf)
201634 characters
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
STORMWATER PROS, LLC
THIS LINKING AGREEMENT (this "Agreement") is entered into as of this
day of
, 2022, between the City of Glendale, an Arizona municipal corporation (the "City"), and
Stormwater Pros, LLC, a(n) Arizona limited liability company authorized to do business in Arizona
("Contractor"), collectively, the "Parties."
RECITALS
A
On February 13, 2020, under S.A.V.E Cooperative Purchasing Agreement, the City of
Tempe entered into a contract with Contractor to purchase the goods and services described
in the Stormwater Infrastructure and Drywell Cleaning and Maintenance Contract Number
WUD20-028-02 ("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.
B.
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.
C
Section 2-149 also provides that the Materials Manager may enter into such cooperative
agreements without meeting the formal or informal solicitation and bid requirements of
Glendale City Code Sections 2-145 and 2-146.
D.
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 13, 2020, until the date the contract expires on February 12, 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 12, 2025. The initial period of this
Agreement, therefore, is the period from the Effective Date of this Agreement until February
12, 2023. The City may renew the term of this Agreement for (2) two one-year periods until
1/2/2020
2
the Cooperative Purchasing Agreement expires on February 12, 2025. Glendale renewals are
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.
Scope of Work; Terms, Conditions, and Specifications.
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 are an enforceable part of this Agreement.
3.
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
Agreement shall not exceed Five hundred thousand dollars ($500,000) for the entire
term of the Agreement (initial term plus any renewals).
4
Cancellation. This Agreement may be canceled pursuant to A .R.S. § 38-511.
5.
Non-discrimination. Contractor must not discriminate against any employee or applicant for
employment on the basis of race, color, religion, 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.
6
Insurance Certificate. A certificate of insurance applying to this Agreement must be provided
to the City prior to the Effective Date.
7.
E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the
requirements of A.R.S. § 41-4401.
8
No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the
parties 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 A.R.S § 35-393.
2
4/29/2021
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
STORMWATER PROS, LLC
EXHIBIT A
Stormwater Infrastructure and Drywell Cleaning and Maintenance, City of Tempe Contract No. WUD20-028-02
City of Tempe Contract No. WUD20-028-02 Renewal No. 1
City of Tempe Contract No. WUD20-028-02 Renewal No. 2
4
4/29/2021
PROJECT
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
STORMWATER PROS, LLC
EXHIBIT B
Scope of Work
Cleaning, maintenance and repair of stormwater infrastructure and drywells as needed for the City's
Water Services Department.
5
4/29/2021
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
STORMWATER PROS, LLC
EXHIBIT C
METHOD AND AMOUNT OF COMPENSATION
Contractor will invoice the city per the price sheet outlined in the attached Stormwater Infrastructure and
Drywell Cleaning and Maintenance, City of Tempe Contract No. WUDZ0-028-02.
NOT TO EXCEED AMOUNT
The total amount of compensation paid to Contractor for full completion of all work required by
the Project must not exceed $500,000 for the entire term of the Agreement.
DETAILED PROJECT COMPENSATION
Contractor will invoice the City of Glendale for services performed as outline in the Stormwater
Infrastructure and Drywell Cleaning and Maintenance, City of Tempe Contract No. WUDZ0-028-02.
4/29/2021
Contract Award Notice
Contract Number:
WUD20-028-02
Internal Services
Procurement Office
20 E. 6th Street
Tempe, AZ 85281
Description:
Stormwater Infrastructure and Drywell Cleaning and Maintenance
StormWater Pros, LLC
Cindy Johnson Cindy@stormwaterprosllc.com
916 E. Impala Ave, Suite 101
Mesa, AZ 85204
480-926-1003
Award Period
Beginning:
Ending:
Potential
Renewals
February i 3, 2020
February 12, 2021
Up to 4 additional
years for a period of
not more than 1 year
each.
This Contract Award Notice is issued for the purchase of goods, materials and/or services as requested by the above noted
solicitation/contract number. The contract shall remain in effect as noted in the award period block unless extended,
renewed or canceled per terms and conditions of the solicitation.
It is to be noted that any contracted vendor document(s) that conflict with the language and requirements of the City's
solicitation are not acceptable and will void the contract. In addition, contracted vendor is not to begin work or make delivery
of awarded items until any and all required insurance and/or performance bonds are posted with the City Procurement
Office.
If contracted vendor has a change of address for mailing payments and/or for mailing future bid solicitations, it is the vendor's
responsibility to notify the City Procurement Officer identified with this contract and to ensure all such mailing address
information is kept current.
Please note that your City of Tempe contract number should appear on all shipping documents, invoices and statements.
Invoices are to be sent directly to the requesting department.
Award Information
Payment Discount: 0%
ITEM#
DESCRIPTION
UNIT
Ancon
Group A
Stormwater Infrastructure Cleaning Service (other than
UNIT PRICE
drywell).
1.0
Inspection - at a location in the City of Tempe
Per Each
$150.00
2 person crew - Stormwater Infrastructure Cleaning Service
(other than drywell maintenance). Infrastructure to include,
2.0
but not limited to, catch basins, slotted drains, scupper
Hourly Crew Rate
$175.00
drains, culverts, ditches, pumping stations, and stormwater
pipe.
Each additional person - Stormwater Infrastructure
Cleaning Service (other than drywell maintenance).
Per Hour, Per
2.1
Infrastructure to include, but not limited to, catch basins,
Person
$35.00
slotted drains, scupper drains, culverts, ditches, pumping
stations, and stormwater pipe.
2 person crew - Miscellaneous Stoimwater Infrastructure
3.0
Repair Not Identified in Line Item 1 above, or Drywell
Hourly Crew Rate
$160.00
Services below.
Each additional person - Miscellaneous Stormwater
Per Hour, Per
3.1
Infrastructure Repair Not Identified in Line Item 1 above, or
Person
$35.00
Drywell Services below.
After Hours Rate for lines 2.0 and 3.0 above. After hours are
4.0
any hours outside of regular business hours which are
Hourly Crew Rate
$215.00
Monday through Friday from 3:30 P.M. to 5:30 A.M., and
include weekends and holidays.
After Hours Rate for lines 2.1 and 3.1 above. After hours are
4.1
any hours outside of regular business hours which are
Per Hour, Per
$45.00
Monday through Friday from 3:30 P.M. to 5:30 A.M., and
Person
include weekends and holidays.
5.0
Transporting and Disposal of SilVDebris to a City Designated
Hourly
$175.00
Location - typically 6600 S. Price Rd, Tempe, AZ 85283.
Group B
DRYWELL Cleaning and Maintenance
1.0
Drywell Inspection - at a location in the City of Tempe
Per Each
$10.00
2.0
2 person crew - Drywell Cleaning and Maintenance
Hourly Crew Rate
$175.00
2.1
Each additional person - Drywell Cleaning and
Per Hour, Per
$35.00
Maintenance
Person
3.0
2 person crew - Drywell Screen or Filter Installation
Hourly Crew Rate
$"160.00
3.1
Each additional person - Drywell Screen or Filter
Per Hour, Per
$35.00
Installation
Person
4.0
2 person crew - Re-Mud Ring and Grate to Cone Section of
Hourly Crew Rate
$160.00
Drywell Chamber
4.1
Each additional person - Re-Mud Ring and Grate to Cone
Per Hour, Per
$35.00
Section of Drywell Chamber
Person
5.0
2 person crew - Raise Rim Elevation of Grade up to 6
Hourly Crew Rate
$160.00
inches, then Re-Mud to Cone Section
5.1
Each additional person - Raise Rim Elevation of Grade up
Per Hour, Per
$35.00
to 6 inches, then Re-Mud to Cone Section
Person
6.0
2 person crew - Replace 24 inch Ring & Grate, then Re-Mud
Hourly Crew Rate
$160.00
to Cone Section
6.1
Each additional person - Replace 24 inch Ring & Grate,
Per Hour, Per
$35.00
then Re-Mud to Cone Section
Person
7.0
2 person crew - Miscellaneous Drywell Services not
Hourly Crew Rate
Identified Above
7.1
Each additional person - Miscellaneous Drywell Services
Per Hour, Per
not Identified Above
Person
8.0
After Hours Labor Rate
Per hour, per
person
9.0
Transporting and Disposal of Silt/Debris to a City Designated
Hourly
Location - typically 6600 S. Price Rd, Tempe, AZ 85283.
Group C
Catalog - Charges for replacement parts
Discount off of Catelog List Price (list catalog websites in the
space below):
Group D
Cost Plus - Charges for replacement parts
Cost plus percentage of cost (audits of invoices may be
requested by the City, demonstrating the actual price paid.)
Other
Accept ACH
Accept P Card
Procurement Officer
Michael Greene, C.P.M., CPPO
Procurement Administrator
All terms and conditions of this Award Document are per the City's Solicitation Document
THIS IS NOT A PURCHASE ORDER
$160.00
$35.00
$45.00
$175.00
0%
15%
Yes
Yes
Contract Renewal Notice
WUD20-028-02
Internal Services
Procurement Office
20 E 6"' Street
Tempe, AZ. 85281
Date
09/10/2020
Contract Number
Contract Description
Stormwater Infrastructure, Drywell Cleaning &
89778
StormWater Pros, LLC
Cindy Johnson
916 E Impala Ave, Suite 101
Mesa AZ, 85204
Contract Renewal Information
Renewal lnfonnatlon
Beginning
February 13, 2021
Ending
February 12, 2022
Renewal
1 of 4
The City of Tempe is requesting renewal of the above mentioned contract under the same terms and conditions at either
current contract prices/discounts or at prices/discounts more favorable to the City of Tempe.
If the contractor has lowered the market price(s) of any item(s) on the City's contract, then such lowered prices should be
offered to the City of Tempe.
Where performance bonds and/or insurance coverage were requirements of the City's original solicitation/contract, a
renewing contractor must provide evidence of bonds and/or insurance extensions as applicable to ongoing City of Tempe
contract. Failure to provide insurance certificates as outlined below may result in contract cancellation.
StormWater Pros, LLC certifies that it is not currently engaged in, and agrees for the duration of this Contact/Agreement
that it will not engage in, a boycott of Israel, as that term is defined in A.R.S.§ 35-393
Contractor hereby acknowledges receipt and understanding of this Contract Renewal Notice and that a signed
copy of this notice must be filed with the City of Tempe Procurement Office within thirty (30) days from the above
noted Issue date and the updated insurance certificates (City of Tempe included as additional insured) wl/1 be
submitted.
Please note: If included, the Affidavit of Compliance form must be competed and returned with the renewal documents.
This affidavit is related to the City's new anti-discrimination ordinance that requires compliance from all City contractors.
Procurement Officer
Shireen Boone CPPB, CPPO
Procurement Specialist
Chantel Gonzales
480-350-8617
shireen_boone@tempe.gov
480-350-8885
chanter _gonzales@tempe.gov
Contract Renewal Notice
Page 1 of 2
Contract Number
Contract Description
To Be Completed and Signed By StormWater Pros, LLC
WUD20-028-02
Stormwater Infrastructure, Drywell Cleaning &
Contractor's Name
Contractor's Mailing Address
StormWater Pros, LLC
916 E Impala Ave, Suite 101
Mesa AZ., 85204
Printed name of person signing
Phone Number
email Address
Contractor's Authorized Signature
City of Tempe Contract Renewal Acceptance
c:u, )YI_, tt(tff
.Shireen Boo!W'CPPB-;-eF'PO
Date
IJ_/Jt
Procurement Officer
/{a I C/'f6
Michael Greene, CPM, CPPO
Procurement Administrator
Contract Renewal Notice
Page 2 of 2
11 -- i-t'Ju
Date
Contract Renewal Notice
Contract Number
Contract Description
89778
StonnWater Pros, LLC
Juan Fletes
1640 S Stapley Dr. # 235
Mesa AZ, 85201
WUD20-028-02
Stormwater Infrastructure, Drywall Cleaning &
Contract Renewal Information
Internal Services
Procurement Office
20 E 6
'" Street
Tempe, AZ. 85281
Date
December 1, 2021
Renewat lnfonnatlon
Beginning
February 13, 2022
Ending
February 12, 2023
Renewal
2 of 4
The City of Tempe is requesting renewal of the above mentioned contract under the same terms and conditions at either
current contract prices/discounts or at prices/discounts more favorable to the City of Tempe.
If the contractor has lowered the market price(s) of any item(s) on the City's contract, then such lowered prices should be
offered to the City of Tempe.
Where performance bonds and/or insurance coverage were requirements of the City's original solicitation/contract, a
renewing contractor must provide evidence of bonds and/or insurance extensions as applicable to ongoing City of Tempe
contract. Failure to provide insurance certificates as outlined below may result in contract cancellation.
StormWater Pros, LLC certifies that it is not currently engaged in, and agrees for the duration of this Contact/Agreement
that it will not engage in, a boycott of Israel, as that term is defined in A.R.S.§ 35-393
Contractor hereby acknowledges receipt and understanding of this Contract Renewal Notice and that a signed
copy of this notice must be filed with the City of Tempe Procurement Office within thirty (30) days from the above
noted issue date and the updated insurance certificates (City of Tempe included as additional insured) will be
submitted.
Please note: If included, the Affidavit of Compliance form must be competed and returned with the renewal documents.
This affidavit Is related to the City's new anti-discrimination ordinance that requires compliance from all City contractors.
Procurement Officer
Kathleen Shipman CPPB
Procurement Specialist
Patricia Acosta, MPA
480-350-8617
kathleen_shipman@tempe.gov
480-350-8618
patricia_acosta@tempe.gov
Contract Renewal Notice Page 1 of 2
To Be Completed and Signed By StonnWater Pros, LLC
Contract Number
Contract Description
Contractor's Name
WUD20-028-02
Stormwater Infrastructure, Drywell Cleaning &
StonnWater Pros, LLC
Contractor's Mailing Address
1640 S Stapley Dr.# 235
Mesa AZ, 85201
Printed name of person signing
Phone Number
email Address
Contractor's Authorized Signature
City of Tempe Contract Renewal Acceptance
!"
Kathleen ShipmanCPB
Procurement Officer
u
Michael Greene, CPM, CPPO
Procurement Administrator
Contract Renewal Notice
Page 2 of 2
REQUEST FOR PROPOSAL
RFP# 20-028
Stormwater Infrastructure and Drywell
Cleaning, Maintenance, and Repair
RFP ISSUE DATE:
October 30, 2019
PRE-PROPOSAL CONFERENCE:
None
DEADLINE FOR INQUIRIES/QUESTIONS:
November 13, 2019 AT 5:00 P.M. LOCAL PHOENIX TIME
RFP DUE DATE AND TIME:
November 25, 2019, 3:00 P.M. LOCAL PHOENIX TIME
ALL INQUIRIES MUST BE DIRECTED TO:
SHIREEN BOONE, CPPO, CPPB
EMAIL: Shireen_Boone@tempe.gov
PHONE: 480-350-8617
SUBMITTAL LOCATION: CITY OF TEMPE PROCUREMENT OFFICE
20 EAST SIXTH STREET, 2ND FLOOR
TEMPE, ARIZONA 85281
Table of Contents
General Instructions .......................................................................................................................................... 3
Standard Terms and Conditions ........................................................................................................................ 8
Special Terms & Conditions and Instructions ................................................................................................... 17
Scope of Work ................................................................................................................................................. 23
Specifications .................................................................................................................................................. 27
Proposal Questionnaire ................................................................................................................................... 27
Evaluation Criteria ........................................................................................................................................... 35
Pricing Section ................................................................................................................................................ 37
Vendor’s Offer ................................................................................................................................................. 38
Anti-Discrimination Policy ................................................................................................................................ 39
Checklist for Submittal ..................................................................................................................................... 41
Package Label ................................................................................................................................................. 42
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
3 | Page
General Instructions
Failure to follow these instructions may result in rejection of proposal for non-responsiveness or cancellation of any Contract
awarded.
1.
Preparation of Proposal:
A.
Proposals shall be submitted to the City of Tempe (“City”) in the sequence specified herein, on the forms
attached hereto, including Vendor’s Offer.
B.
All proposals shall be submitted on the forms provided in this Request for Proposal, signed by an authorized
signer and returned with the proposal response to the City.
C.
Completed and signed proposal forms for offer and any solicitation addendums shall be signed by an
authorized individual. Such proposal constitutes an irrevocable Offer to sell the good and/or service
specified herein. Offeror shall submit all additional data, documentation, or information as requested by
the City, signifying its intent to be bound by the terms of the Request for Proposal.
D.
Negligence in preparation of a proposal confers no right of withdrawal. Offeror is solely responsible for
seeking clarification of any requirement and presenting accurate information in the proposal response. The
City shall not reimburse any costs for a proposal, or its submission, presentation or withdrawal, for any
reason. Failure to read, examine and understand the Solicitation and any of its addenda will not excuse
any failure to comply with the requirements of the Solicitation or any resulting contract, nor shall such failure
be a basis for claiming additional compensation.
E.
Offeror shall identify each subcontractor to be utilized in the services and/or work set forth herein, if
applicable.
2.
Definitions: For purposes of this Request for Proposal and resultant Contract, the following definitions apply:
A.
“City” means the municipal corporation of the City of Tempe, Arizona.
B.
“Code Governance” means unless otherwise specified herein, the provisions of the Tempe City Code,
Chapter 26A shall apply and govern this Request for Proposal.
C.
“Contract” means the agreement for the procurement of goods, equipment, materials, software,
maintenance, contracted services, professional services, or concessions.
D.
“Contractor” means an Offeror responding to a Request for Proposal who has been awarded a Contract
with the City.
E.
“Offer” means a written offer to furnish goods, equipment, materials, software, maintenance, contracted
services, professional services, or concessions to the City, in conformity with the standards, specifications,
delivery terms and conditions, and all other requirements established in a competitive solicitation.
F.
“Offeror” means a business, entity or person who submits an Offer in response to a competitive solicitation.
G.
“Public Record” means proposals and all other documents submitted in response to this solicitation shall
become the property of the City and shall be a matter of public record available for review following the
Contract award.
H.
“Purchase Order” means a document issued by the Procurement Office directing the Contractor to deliver
the goods, equipment, materials, software, maintenance, contracted services, professional services or
concessions. to the City.
I.
“Request for Proposal” means a competitive solicitation issued by the City for the procurement of goods,
equipment, materials, software, maintenance, contracted services, professional services or concessions.
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
4 | Page
3.
Late, Unsigned and/or Incomplete Proposal: A late, unsigned and/or materially incomplete proposal will be
considered nonresponsive and rejected.
4.
Inquiries: Questions regarding this Request for Proposal shall be directed to the Procurement Officer identified on
the cover page of this document, unless another City contact is specifically named. Inquiries shall be submitted in
writing (preferably via e-mail), identifying the appropriate Request for Proposal’s number, page and paragraph at
issue. PLEASE NOTE: Offeror must not place the Request for Proposal’s number on the outside of an envelope
containing questions. Oral responses provided by the City shall have no binding effect or legal effect. Inquiries
should be submitted within the designated timeframe noted on the front page of the solicitation. Those questions
received after the designated date may be considered at the sole discretion of the Procurement Officer. The City
reserves the right to contact Offerors to obtain additional information for use in evaluating proposal and solicitation
requirements.
5.
Proposal Conference: If a proposal conference is scheduled, Offerors are strongly encouraged to attend to seek
clarification on any aspects of the documents that are not clear or questions that might pertain the specifications or
scope of work published. There are times when attendance at a proposal conference is mandatory and those
conferences shall be specially noted when applicable.
6.
Withdrawal of Proposal: At any time before the specified proposal due date and time, an Offeror may withdraw
its proposal by way of written correspondence from the Offeror or its authorized representative.
7.
Proposal Addenda: Receipt and acceptance of a Request for Proposal addendum shall be acknowledged by
signing and returning the document either with the vendor’s proposal response or by separate envelope prior to
proposal due date/time. Failure to sign and return an addendum prior to the proposal due date/time may result in
the proposal being considered nonresponsive to that portion of the Request for Proposal and may result in rejection.
For all addenda published, the City will send electronic notification to those companies who have downloaded the
solicitation from the City’s web site. If a company receives the solicitation via a third- party plan holder organization,
it will be the responsibility of the company to download the solicitation from the City’s web site to ensure that their
company is included on any forthcoming addenda notification.
8.
Compliance with City Solicitation Requirements: Unless stated otherwise in this Request for Proposal, the City
reserves the right to award by individual line item, by group of items, or as a total at the City’s discretion. The City
expressly reserves the right to waive any immaterial defect or informality, or reject any or all proposals, or portions
thereof, or reissue this Request for Proposal.
9.
Compliance of Proposal Offeror/Contractor Forms: Any documents or forms (including separate Contract,
maintenance agreement or training agreement) intended by the Offeror to be utilized in any resulting Contract, must
be submitted with proposal. Any documents inconsistent with or taking exception to the terms, conditions,
specifications and/or other requirements stated within this Request for Proposal may cause the proposal to be
considered as nonresponsive and rejected. No documents will be considered unless submitted with vendor’s
proposal Offer and approved by the Procurement Office.
10.
Responsiveness to Specifications: Performance or feature requirements which are designated as mandatory or
minimums are needed in order to satisfy an identified task or performance need. A description is given for each
designated feature. This description shall be used to determine if the Offeror's proposed product(s) and/or
service(s) is/are capable of performing the function(s) specified in the Request for Proposal.
It is recognized that more than one method may be used to accomplish the sought-after task functionality.
If Offeror has an alternate method of performing functional tasks, then Offeror shall list such method as an
"alternate" and described in full detail within the proposal. The City shall be the sole judge as to whether any
alternate methodology will be accepted.
"Must", "shall", "will", "minimum", "required" and/or "mandatory" performance/feature statements must be met or
exceeded by the Offeror. Should no Offeror be found responsive to all designated Request for Proposal
requirements, the City at its option, may either award the Contract to the most responsive Offeror or cancel the
Request for Proposal and issue another Request for Proposal for the need under revised specifications.
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
5 | Page
11.
Questionnaire: Offeror must complete the Questionnaire portion of this Request for Proposal and provide any
documentation required to support the answers. Questionnaire items, which are designated as mandatory, are
needed to satisfy a required task or performance criteria. Items, which may be listed as desirable, are not required
to be responsive to the Request for Proposal and will be relatively evaluated against other proposals in making a
final award decision.
If supporting documentation is required, Offeror should provide the documentation in the sequence set forth in the
Request for Proposal and ensure all technical literature and/or narrative explanations fully address the specifics of
the question. Vague or disorganized responses that do not allow sufficient information for evaluation purposes may
result in rejection of a proposal.
12.
Clarifications and Negotiations with Offerors and Revisions to Proposal: Clarifications may be made with any
submitting firm at any time during the evaluation phase of this procurement. Clarifications are not negotiations and
may be utilized by the City to ensure thorough and complete understanding of, and responsiveness to, the
solicitation requirements. Negotiations may be conducted with responsible Offerors who submit proposals
determined to be reasonably susceptible of being selected for award. The purpose of negotiations is to allow the
City and the Offeror(s) to revise initial Offers through an exchange or series of exchanges. Should the City elect to
call for best and final offers, Offerors shall be accorded fair and equal treatment with respect to any opportunity for
negotiations and revision of proposals, and such revisions may be permitted after submissions and prior to award.
In conducting clarifications and negotiations there shall be no disclosure of any information derived from proposals
submitted by competing Offerors. The purposes of such negotiations shall include but not be limited to:
A.
Determine in greater detail such Offeror's qualifications;
B.
Explore with the Offeror the scope and nature of the project, the Offeror's proposed method of performance,
and the relative utility of alternate methods of approach;
C.
Determine that the Offeror will make available the necessary personnel and facilities to perform within the
required time; and
D.
Agree upon compensation which is fair and reasonable, taking into account the estimated value of the
required services, and the scope, complexity and nature of such services.
13.
Proposal Opening: Proposals shall be opened at the time and place designated on the cover page of this Request
for Proposals. The name of each Offeror and the identity of the Request for Proposal for which the proposal was
submitted shall be publicly read and recorded in the presence of witnesses. Proposals, modifications and all other
information received in response to this Request for Proposal shall be shown only to City personnel having a
legitimate interest in its evaluation. Prices shall not be read. After Contract award, the proposals and the evaluation
documentation shall be open for public inspection, except where the City has determined that specific portions of
the proposal are confidential.
14.
Technical Proposal Opening: Technical proposals (as received in step one of a two-step bidding process) shall
be opened at the time and place designated on the cover page of this document. The name of each Offeror and
the identity of the Request for Proposal for which the proposal was submitted shall be publicly read and recorded
in the presence of witnesses. Proposals, modifications and all other information received in response to this
Request for Proposal shall be shown only to City personnel having a legitimate interest in the evaluation. Evaluation
documentation to substantiate technical proposal selection(s) shall be open for public inspection.
15.
Proposal Evaluation and Award: The City shall determine whether a proposal meets the specifications and
requirements of this Request for Proposal, at its sole discretion, and reject any proposals not meeting the intent or
requirements set forth herein. Award(s) shall be made to the responsible Offeror whose proposal is determined in
writing to be the most advantageous to the City, taking into consideration the evaluation factors set forth in the
Request for Proposal. The City shall be the sole judge as to the acceptability of the products and/or services
offered. The City reserves the right to reject any and all proposals.
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
6 | Page
16.
Award of Contract: A proposal shall constitute a binding Offer to Contract with the City based on the terms,
conditions and specifications contained in this Request for Proposal. An Offeror shall become a Contractor only
upon execution of a formal Contract from the Procurement Office. Unless this Request for Proposal includes
separate Contract document(s) or requires the Offeror to submit a Contract Agreement for review, a Contract shall
be formed when the Procurement Office provides a written notice of award or a purchase order to the successful
Offeror. All terms and conditions of the Contract are contained herein, unless modified by an addendum approved
by the City. Proposals that take exception to the terms, conditions, specifications and/or other requirements stated
within this Request for Proposal may cause the vendor’s Offer to be considered non-responsive and rejected.
Exceptions will be evaluated on an individual basis to determine compliance with the purpose and intent of the
terms and conditions stated within this solicitation. The City shall be the sole judge as to whether an exception
complies with the general purpose and intent of any term, condition and/or specification set forth herein.
17.
Proposal Results: Offerors may attend the scheduled proposal opening at which the name of each
Offeror will be publicly read. All other information contained in the proposals shall be kept confidential
until the Contract is awarded. After award of Contract, an appointment may be made with the Procurement
Officer to review proposal documents. Formal Contract award results shall be placed on the Procurement Office
web page (www.tempe.gov/procurement) and posted at the front counter of the Procurement Office at the time
the Contract award is approved by the City Council. Award recommendations may also be viewed via the
City Clerk’s web site normally up to five (5) days prior to the scheduled City Council meeting by visiting
(http://documents.tempe.gov/sirepub/?sort=meet_date .
18.
Protests: Any actual or prospective Offeror who is aggrieved in conjunction with this Request for Proposal or award
may protest the award to the Procurement Office. A protest based upon alleged improprieties in this Request for
Proposal that are apparent before the proposal opening shall be filed prior to the proposal due date/time. A protest
concerning an award recommendation must be filed within ten (10) business days after the date of award. Up to
five (5) days before award of a contract, the Procurement Office will post award recommendations on the City Clerks
website at (http://documents.tempe.gov/sirepub/?sort=meet_date) and at the Procurement Office front counter and
web site for public review (www.tempe.gov/procurement). A protest shall be in writing and include the protester’s
name, address and phone number, identification of the solicitation or Contract being protested, a detailed statement
of the legal and factual grounds of the protest, including copies of all relevant documents and the form of relief
requested. A protest is to be on the protester’s company letterhead and signed by the protestor or its authorized
representative.
19.
Delivery: All materials, equipment and/or products shall be delivered F.O.B. Destination/Installation to the City of
Tempe per the location identified in the solicitation or purchase order.
20.
Tax: Unless specified otherwise herein, sales, use or federal excise tax shall not be included in proposal pricing.
The City is exempt from payment of federal excise tax. For proposal evaluation, transaction (sales) privilege tax
paid to the City of Tempe (1.8%) is considered a pass-through cost, calculated as zero ($0) expense when
comparing pricing among competing companies that are not located in Tempe but with a physical locations within
the State of Arizona. For information on privilege (sales) tax, please contact the City's Tax and License Office at
(480) 350-2955 or visit their web site at salestax@tempe.gov
21.
Payment: For a single requirement purchase, the City will endeavor to remit payment within thirty (30) calendar
days from receipt and approval of acceptable products, materials and/or services and approval of correct invoice.
For ongoing term Contract purchases, the City will endeavor to remit payment within thirty (30) calendar days from
approval of invoice.
22.
Discounts: Payment discounts periods shall be computed from the date of receipt of acceptable products,
materials and/or services or correct invoice, whichever is later to the date payment is mailed. Discounts shall be
taken on the full amount of the invoice, unless otherwise indicated. The City shall be entitled to receive any
discounts offered by Offeror, if payment is made within the discount period.
23.
Payment by City Procurement Card: The Procurement Office may elect to remit payment through the use of a
City procurement card. Each Offeror may indicate on the Vendor’s Offer Page in this Request for Proposal its ability
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
7 | Page
to accept City procurement card payments. The inability to accept payment by City procurement card will not
disqualify a proposal.
24.
Code Governance: Unless otherwise specified herein, the provisions of the Tempe City Code, Chapter 26A shall
apply and govern this Request for Proposal.
25.
Public Record: Proposals and all other documents submitted in response to this solicitation shall become the
property of the City and shall be a matter of Public Record available for review following the Contract award.
Material portions of the recommended Offer(s) as determined by the City may be posted to the City’s web site up
to five (5) days prior to the City Council meeting.
26.
Late Responses: The Offeror assumes responsibility for having the Proposal delivered on time at the place
specified. All Offers received after the Solicitation Due Date and Time shall not be considered and will be returned
unopened to the Offeror. The Offeror assumes the risk of any delay in the mail or in handling of the mail by
employees of the City of Tempe (with exception of Procurement staff) or any private courier. Offerors must allow
adequate time to accommodate parking and accessing building in the event the Proposal is being hand delivered.
All times referenced are Tempe, Phoenix local times. Respondents agree to accept the time stamp in the City
Procurement Office as the official time.
27.
Copying Responses: The Offeror hereby grants the City permission to copy all parts of its Offer including, without
limitation, any documents and/or materials copyrighted by the Offeror. The City’s right to copy shall be for internal
use in the evaluating the Offers.
28.
Confidential Information and Public Record: After award of a Contract, proposals shall be available for public
inspection, except to the extent that the withholding of information is required or permitted by law. Pursuant to
A.R.S. § 35-214, and 41-1330 et seq., all records relating to the Request for Proposal and Contract shall be subject
to inspection at all reasonable times by the City for five (5) years after completion of the Contract. Such records
shall be produced by Bidder or Contractor at the time and place designated by the City.
A.
If a person believes that an offer or specification contains information that should be withheld as
confidential, a statement advising the procurement officer of this fact shall accompany the submission and
the information shall be so identified wherever it appears. A general statement of confidentiality that is not
appropriately referenced to a specific section of the proposal will not be sufficient to warrant protection by
the City. The confidential portion of the submission must be clearly noted with accompanying justification
for treating the section confidential. Failure of the vendor to appropriately designate confidential information
in this manner will relieve the City of any obligation to protect this information as confidential.
B.
The information identified by the person as confidential shall not be disclosed until the Procurement Office
makes a written determination pursuant to A.R.S. § 121, et seq.
C.
If the City determines to disclose the information, the Offeror shall be informed in writing of such
determination. Notwithstanding the foregoing, following an award of Contract, all proposal response
information shall be available for public inspection.
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
8 | Page
Standard Terms and Conditions
Please note that these Standard Terms & Conditions shall be fully complied with by Offeror. Failure to comply with these
requirements may result in rejection of a proposal for non-responsiveness, or cancellation or termination of any awarded
Contract.
1.
Applicable Law: This Contract shall be governed by, and the City and Contractor shall have all remedies
afforded each by the Uniform Commercial Code as adopted in the State of Arizona, except as otherwise provided
in this Request for Proposal and resultant Contract, and all statutes, or ordinances pertaining specifically to the
City. This Contract shall be governed by State of Arizona law and suits pertaining to this Contract may only be
brought in courts located in Maricopa County, Arizona.
2.
Arizona Climate Action Compliance: Offeror shall comply with all applicable standards, laws, rules, orders and
regulations issued pursuant to A.R.S. §49-101, et seq., including but not limited to, Arizona Executive Orders
Nos. 2006-13, 2005-02, and 2010-14 with regard to reducing GHG emissions, increasing energy efficiency,
conserving natural resources and developing renewable energy sources.
3.
Availability of Funds for the Next Fiscal Year: The City's obligation for performance of the Contract is
contingent upon the availability of City, state and federal funds that are allocated or appropriated for payment
obligations of the Contract. If funds are not allocated by the City or available for the continued use or purchase
of services, work and/or materials set forth herein, the City may terminate the Contract. The City will use
reasonable efforts to notify Contractor of such non-allocation affecting the obligations of the Contractor and/or
City. The City shall not be penalized or adversely affected for exercise of its termination rights. Further, the City
shall in no way be obligated or liable for additional payments or other damages as a result of such termination.
No legal liability on the part of the City for any payment may arise for performance under this Contract.
4.
Certification: By signing the “Vendor’s Offer”, the Offeror certifies:
A.
The submission of the vendor’s proposal Offer response did not involve collusion or other anti-competitive
practices.
B.
Offeror agrees that it will comply with section 2-603(5) of the Tempe City Code (“TCC”), and will not
refuse to hire or employ or bar or discharge from employment any person or discriminate against such
person in compensation, conditions, or privileges of employment because of race, color, gender, gender
identity, sexual orientation, religion, national origin, familial status, age, disability, or United States military
veteran status. Offeror further agrees to provide a copy of its antidiscrimination policy to the Procurement
Officer to demonstrate compliance with TCC section 2-603(5) or attest in writing to its compliance in
accordance with the attached Affidavit of Compliance.
C.
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. Failure to sign the “Vendor’s Offer” or signing it with a false
statement shall void the submitted proposal and any resulting Contract. In addition, the Offeror may be
barred from future proposal and bidding participation with the City and may be subject to such further
actions as permitted by law.
D.
The Offeror agrees to promote and offer to the City only those materials and/or services as stated and
allowed by this Request for Proposal and resultant Contract award. Violation of this condition shall be
grounds for Contract termination by the City.
E.
The Offeror expressly warrants that it has and will continue to comply in all respects with Arizona law
concerning employment practices and working conditions, pursuant to A.R.S. § 23-211, et seq., and all
laws, regulations, requirements and duties relating thereto. Offeror further warrants that to the extent
permitted by law, it will fully indemnify the City for any and all losses arising from or relating to any violation
thereof.
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
9 | Page
F.
Contractor agrees and covenants that it will comply with any and all applicable governmental restrictions,
regulations and rules of duly constituted authorities having jurisdiction insofar as the performance of the
work and services pursuant to the Contract, and all applicable safety and employment laws, rules and
regulations, including but not limited to, the Fair Labor Standards Act, the Walsh-Healey Act, and the Legal
Arizona Workers Act (LAWA), and all amendments thereto, along with all attendant laws, rules and
regulations. Contractor acknowledges that a breach of this warranty is a material breach of this Contract
and Contractor is subject to penalties for violation(s) of this provision, including termination of this Contract.
City retains the right to inspect the documents of any and all contractors, subcontractors and sub-
subcontractors performing work and/or services relating to the Contract to ensure compliance with this
warranty. Any and all costs associated with City inspection are the sole responsibility of Contractor.
Contractor hereby agrees to indemnify, defend and hold City harmless for, from and against all losses and
liabilities arising from any and all violations thereof.
G.
If Contractor engages in for-profit activity and has 10 or more employees, and if this Agreement has a
value of $100,000 or more, Contractor certifies it is not currently engaged in, and agrees for the duration
of this Agreement to not engage in, a boycott of goods or services from Israel. This certification does not
apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. §
4842. Unless and until the U.S. District Court, District of Arizona’s injunction is lifted, A.R.S. § 35-393.01
is unenforceable.
5.
Commencement of Work: Contractor is cautioned not to commence any work or provide any materials or
services under the Contract until and unless Contractor receives a purchase order, Notice to Proceed, or is
otherwise directed in writing to do so, by the City.
6.
Confidentiality of Records: The Contractor shall establish and maintain procedures and controls that are
acceptable to the City for the purpose of assuring that no information contained in its records or obtained from the
City or from others in carrying out its functions under the Contract shall be used by or disclosed by it, its agents,
officers, or employees, except as required to efficiently perform duties under the Contract. Persons requesting
such information should be referred to the City. Contractor also agrees that any information pertaining to individual
persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of
duties under the Contract, unless otherwise agreed to in writing by the City.
7.
Termination for Conflict of Interest: This Contract is subject to the cancellation provisions of A.R.S. § 38-511.
The City may cancel this Contract within three (3) years after its execution, without penalty or further obligation, if
any person significantly involved in initiating, securing, drafting, or creating the Contract for the City becomes an
employee or agent of the Contractor.
8.
Contract Formation: This Contract shall consist of this Request for Proposal and the vendor’s proposal Offer
submitted, as may be found responsive and approved by the City. In the event of a conflict in language between
the documents, the provisions of the City’s Request for Proposal shall govern. The City’s Request for Proposal
shall govern in all other matters not otherwise specified by the Contract between the parties. All previous contracts
between the Offeror and the City are not applicable to this Contract or other resultant contracts. Any contracted
vendor documents that conflict with the language and requirements of the City's solicitation are not acceptable and
void the Contract.
9.
Contract Modifications: This Request for Proposal and resultant Contact may only be modified by a written
Contract modification issued by the Procurement Office and counter-signed by the Contractor. Contractors are
not authorized to modify any portion of this solicitation or resulting Contract without the written approval of the
Procurement Office and issuance of an official modification notice.
10.
Contract Administration: Contractor must notify the designated Procurement Officer from the Procurement
Office for guidance or direction on matters of Contract interpretation or problems regarding the terms, conditions
or scope of this Contract. The Contract shall contain the entire agreement between the City and the Contractor
and the Contract shall prevail over any and all previous agreements, contracts, proposals, negotiations, purchase
orders or master agreements in any form.
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
10 | Page
11.
Cooperative Use of Contract: Any Contract resulting from this solicitation shall be for the use of the City of Tempe.
In addition, public and nonprofit agencies that have entered into a Cooperative Purchasing Agreement with the
City of Tempe’s Department of Procurement are eligible to participate in any subsequent Contract. Additionally, this
Contract is eligible for use by the Strategic Alliance for Volume Expenditures (SAVE) cooperative.
See http://www.mesaaz.gov/business/purchasing/save for a listing of participating agencies. The parties agree that
these lists are subject to change. Any such usage by other municipalities and government agencies must be in
accord with the ordinance, charter and/or rules and regulations of the respective political entity.
Any orders placed to, or services required from, the successful Contractor(s) will be requested by each participating
agency. Payment for purchases made under this agreement will be the sole responsibility of each participating
agency. The City shall not be responsible for any disputes arising out of transactions made by others. Contractor
shall be responsible for correctly administering this Contract in accordance with all terms, conditions, requirements,
and approved pricing to any eligible procurement unit.
12.
Dispute Resolution: This Contract is subject to arbitration to the extent required by law. If arbitration is not
required by law, the City and the Contractor agree to negotiate with each other in good faith to resolve any
disputes arising out of the Contract. In the event of any legal action or proceeding arising out of this Contract,
the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs incurred with said fees
and costs to be included in any judgment rendered.
13.
Energy Efficient Products: The City may consider energy conservation factors including costs in the evaluation
of equipment and product purchases for the purpose of obtaining energy efficient products. In addition, vendor
proposal Offers may specify items that have been given an energy efficient classification by the federal
government for consideration by the City.
14.
Billing: All invoices submitted by Contractor for the City's review and approval shall be in itemized form to identify
the specific item(s) being billed. Items must be identified by the name, model number, and/or serial number most
applicable along with the correct unit cost. Any purchase/delivery order issued by the City shall refer to the
Contract number resulting from this Request for Proposal. Separate invoices are required on individual contracts
or purchase orders. Only invoices with items resulting from this Request for Proposal will be accepted for review
and approval by the City.
15.
Estimated Quantities: This Request for Proposal references quantities as a general indication of the City’s needs.
The City anticipates considerable activity resulting from Contracts that will be awarded as a result of this Request
for Proposal; however, the quantities shown are estimates only and the City reserves the right to increase or
decrease any quantities actually acquired, in its sole discretion. No commitment of any kind is made concerning
quantities and Offeror hereby acknowledges and accepts same.
16.
Events of Default and Termination:
A.
In the event a party is in default then the other party may, at its option and at any time, provide written
notice to the defaulting party of the default. The defaulting party will have thirty (30) days from the receipt
of the written notice to cure the default; the thirty (30) day cure period may be extended by mutual
agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed
to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default.
Failure of the non-defaulting party to provide written notice of the default does not waive any rights under
the Agreement. The occurrence of any one or more of the following events shall constitute a material
breach of and default under the Contract.
i)
Any failure by Contractor to pay funds or furnish materials, services and/or goods that fail to
conform to any requirement of this Contract or provide personnel that do not meet Contract
requirements;
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
11 | Page
ii)
Any party’s failure to observe, perform or undertake any provision, covenant or condition of this
Contract to be observed or performed by Contractor or City herein, including but not limited to
failing to submit any report required herein;
iii)
Any failure to make progress in the performance required pursuant to the Contract and/or gives
either party reason to believe that the other party cannot or will not perform to the requirements of
the Contract; or,
iv)
Any failure of Contractor to commence construction, work or services within the time specified
herein, and to diligently undertake Contractor’s work to completion.
B.
In the event the default has not been corrected to the non-defaulting party’s satisfaction within the cure
time specified, the non-defaulting party, at its option and in addition to any other remedies available by law
or in equity, without further notice or demand of any kind to Contractor, may do the following:
i)
Terminate the Contract;
ii)
Pursue and/or reserve any and all rights for claims to damages for breach or default of the
Contract; and/or,
iii)
Recover any and all monies due from Contractor, including but not limited to, the detriment
proximately caused by Contractor’s failure to perform its obligations under the Contract, or which
in the ordinary course would likely result therefrom, including, any and all costs and expenses
incurred by the City in: (a) maintaining, repairing, altering and/or preserving the premises (if any)
of the project; (b) costs incurred in selecting and retaining a substitute Contractor for the purchase
of services, materials and/or work; and/or (c) attorneys’ fees and costs in pursuing any remedies
under the Contract and/or arising therefrom.
C.
The exercise of any one of the City’s remedies as set forth herein shall not preclude subsequent or
concurrent exercise of further or additional remedies. In addition, the City shall be entitled to terminate
this Contract at any time, in its discretion. The City may terminate this Contract for default, non-
performance, breach or convenience, or pursuant to A.R.S. § 38-511, or abandon any portion of the project
for which services have not been fully and/or properly performed by the Contractor.
D.
Termination shall be commenced by delivery of written notice to Contractor by the City personally or by
certified mail, return receipt requested. Upon notice of termination, Contractor shall immediately stop all
work, services and/or shipment of goods hereunder and cause its suppliers and/or subcontractors to cease
work pursuant to the Contract. Contractor shall not be paid for work or services performed or costs
incurred after receipt of notice of termination, nor for any costs incurred that Contractor could reasonably
have avoided.
E.
The City, in its sole discretion, may terminate or reduce the scope of this Contract if available funding is
reduced for any reason.
F.
Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may
demand that Contractor give a written assurance of its intent and ability to perform. In the event that the
demand is made, and no written assurance is given within the time period required, the City may treat this
failure as an anticipatory repudiation of the Agreement.
17.
Termination for Convenience: The City at its sole discretion may terminate this Contract for convenience with thirty
(30) days advance notice to Contractor. Contractor shall be reimbursed for all appropriate costs as provided for within
the Contract up to the termination date specified.
18.
Force Majeure:
A.
Except for payment of sums due, neither party shall be liable to the other nor deemed in default under the
Contract only in the event that and to the extent that such party’s performance of the Contract is prevented
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
12 | Page
by reason of force majeure. Force majeure means an occurrence that is beyond the control of the party
affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes
acts of God, acts of the public enemy, war, riots, mobilization, labor disputes, civil disorders, fire, floods,
lockouts, injunctions, failures or refusal to act by government authority, and other similar occurrences
beyond the control of the party declaring force majeure which such party is unable to prevent by exercising
reasonable diligence.
B.
Force majeure shall not include the following occurrences:
i)
Late delivery of equipment or materials caused by congestion at a manufacturer’s plant or
elsewhere, an oversold condition of the market, inefficiencies, or similar occurrences.
ii)
Late performance by a subcontractor.
C.
If either party is delayed at any time in the progress of the work by force majeure, then the delayed party
shall notify the other party in writing of such delay within forty-eight (48) hours of the commencement thereof
and shall specify the causes of such delay in the notice. Such notice shall be hand delivered or sent via
certified mail and shall make a specific reference to this clause, thereby invoking its provisions. The delayed
party shall cause such delay to cease as soon as practicable and shall notify the other party in writing by
hand delivery or certified mail when it has done so. The time of completion shall be extended by Contract
modification for a period of time equal to the time that the results or effects of such delay prevent the delayed
party from performing in accordance with the Contract.
19.
Gratuities: The City may elect to terminate any resultant Contract, if it is found that gratuities in any form were
offered or given by the Contractor or agent thereof, to any employee of the City or member of a City evaluation
committee with a view toward securing an order, securing favorable treatment with respect to awarding, amending
or making of any determinations with respect to performing such order.
20.
Indemnification: To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless
the City, its agents, officer, officials, and employees from and against all claims, damages, losses and expenses
(including but not limited to attorney's fees, court costs, and the costs of appellate proceedings), arising out of, or
alleged to have resulted from the acts, errors, mistakes, omissions, work, services, or professional services of the
Contractor, its agents, employees, or any other person (not the City) for whose acts, errors, mistakes, omissions, work,
services, or professional services the Contractor may be legally liable in the performance of this Contract. Contractor’s
duty to hold harmless and indemnify the City, its agents, officers, officials and employees shall arise in connection with
any claim for damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to,
impairment, or destruction of any person or property, including loss of use resulting from, or caused by any acts, errors,
mistakes, omissions, work, services, or professional services in the performance of this Contract by Contractor or any
employee of the Contractor or any other person (not the City) for whose acts, errors, mistakes, omissions, work, or
services the Contractor may be legally liable. The amount and type of insurance coverage requirement set forth herein
will in no way be construed as limiting the scope of indemnity in this paragraph. This provision shall survive the term
of this Contract.
21.
Interpretation of Parole Evidence: This Contract is intended as a final expression of the agreement between the
parties and as a complete and exclusive statement of the Contract, unless the signing of a subsequent Contract is
specifically called for in this Request for Proposal. No course of prior dealings between the parties and no usage
of the trade shall be relevant to supplement or explain any term used in the Contract. Acceptance or acquiescence
in a course of performance rendered under this Contract shall not be relevant to determine the meaning of the
Contract, even though the accepting or acquiescing party has knowledge of the nature of the performance and
opportunity to object.
22.
Key Personnel: Contractor shall provide adequate experienced personnel, capable of and devoted to the
successful accomplishment of work to be performed under this Contract during the Contract term and any renewal
periods. The Contractor must agree to assign specific individuals to the key positions.
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
13 | Page
A.
The Contractor agrees that, once assigned to work under this Contract, key personnel shall not be removed
or replaced without prior written notice to the City.
B.
If key personnel are not available for work under this Contract for a continuous period exceeding thirty (30)
calendar days or are expected to devote substantially less effort to the work than initially anticipated, the
Contractor shall immediately notify the City, and shall replace each person with personnel of substantially
equal ability and qualifications upon prior City approval.
23.
Licenses and Permits: Contractor shall maintain in current status and at its sole expense, all federal, state and
local licenses and permits required for the operation of the business conducted by the Contractor and the provision
of the services to be provided under the Contract.
24.
No Assignment: No right or interest in this Contract shall be assigned by Contractor and no delegation of any
duty of Contractor shall be made without prior written permission of the City, which consent may be granted or
withheld in City’s unfettered discretion.
25.
Notices: All notices, requests, demands, consents, approvals, and other communications which may or are
required to be served or given hereunder (for the purposes of this provision collectively called "Notices"), shall be
in writing and shall be hand delivered or sent by registered or certified United States mail, return receipt requested,
postage prepaid, addressed to the party or parties to receive such notice as follows:
City of Tempe Procurement Office
Attn: Procurement Officer
20 E. 6th Street (Second Floor)
PO Box 5002
Tempe, Arizona 85280
[Contractor’s Name]
[Attn of Offeror Named in Contract]
[Address]
Or to such other address as either party may from time to time furnish in writing to the other by notice hereunder.
26.
No Waiver: No breach of default hereunder shall be deemed to have been waived by the City, except by written
instrument to that effect signed by an authorized agent of the City. No waiver of any such breach or default shall
operate as a waiver of any other succeeding or preceding breach or default or as a waiver of that breach or default
after demand by the City for strict performance of this Contract. Acceptance of partial or delinquent payments or
performance shall not constitute the waiver of any right of the City. Acceptance by the City for any materials shall
not bind the City to accept remaining materials, future shipments or deprive the City of the right to return materials
already accepted. Acceptance by the City of delinquent or late delivery shall not constitute a waiver of a later claim
for damages and/or bind the City for future or subsequent deliveries.
27.
Overcharges by Antitrust Violations: The City maintains that, in actual practice, overcharges resulting from
antitrust violations are borne by the City. Therefore, to the extent permitted by law, the Contractor hereby assigns
to the City any and all claims for such overcharges as to the goods and/or services used to fulfill the Contract.
28.
Performance Standards: Equipment shall operate in accordance with the performance criteria specified in the
Request for Proposal, including the manufacturer's published specifications applicable to the equipment involved.
Equipment is expected to be available for productive use, as provided in the procurement documents.
Penalties and/or bonuses applicable to equipment and system performance, if any, shall be calculated as specified
in the Request for Proposal.
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
14 | Page
29.
Preparation of Specifications by Persons Other Than City Personnel: No person preparing specifications for
this Request for Proposal shall receive any direct or indirect benefit from the use of these specifications.
30.
Procurement of Recycled Materials: If the price of recycled material that conforms to specifications is within five
percent (5%) of the lower priced material that is not recycled and the recycled Offeror is otherwise the lowest
responsive and responsible Offeror, the proposal containing recycled material shall be considered more
advantageous; provided the item(s) to be obtained contains at least the minimum amount of recycled content
material as defined in the City’s solicitation and sufficient funds have been budgeted for the purchase.
31.
Provisions by Law: Each and every provision of law and any clause required by law to be in this Contract will be
read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not
inserted, or is not correctly inserted, then upon the application of either party the Contract will forthwith be physically
amended to make such insertion or correction.
32.
Public Record: After award of Contract, proposal responses shall be considered Public Record and open for public
inspection except to the extent the withholding of information is permitted or required by law. If an Offeror believes
a specific section of its proposal response is confidential, the Offeror shall mark the page(s) confidential and isolate
the pages marked confidential in a specific and clearly labeled section of its proposal response. The Offeror shall
include a written statement as to the basis for considering the marked pages confidential and the Procurement
Office will review the material and make a determination, pursuant to A.R.S. §§ 39-121, et seq., and 41-151, et seq.
A general statement of confidentiality (boiler plate statement) that is not appropriately referenced to a specific
section of the RFP will not be sufficient to warrant protection by the City. The confidential portion of the submission
must be clearly noted with accompanying justification for treating the section confidential. Failure of the vendor to
appropriately designate confidential information in this manner will relieve the City of any obligation to protect this
information as confidential.
33.
Records: Pursuant to provisions of Title 35, Chapter 1, Article 6 Arizona Revised Statutes §§ 35-214 and 36-215,
Contractor shall retain, and shall contractually require each subcontractor to retain, all books, accounts, reports,
files and other records relating to the acquisition and performance of the Contract for a period of five (5) years after
the completion of the Contract. All such documents shall be subject to inspection and audit at reasonable times.
Upon request, a legible copy of any or all such documents shall be produced at the offices of the City Attorney or
Procurement Office.
34.
Relationship of Parties: It is clearly understood that each party to this Contract will act in its individual capacity
and not as an agent, employee, partner, joint venture, or associate of the other party. The Contractor is an
independent Contractor and shall be solely responsible for any unemployment or disability insurance payments, or
any social security, income tax or other withholdings, deductions or payments that may be required by federal, state
or local law with respect to any compensation paid to the Offeror. An employee or agent of one party shall not be
an employee or agent of the other party for any purpose whatsoever.
35.
Rights and Remedies: No provisions of this Request for Proposal or in the proposal shall be construed, expressly
or by implication, as a waiver by the City of any existing or future right and/or remedy available by law in the event
of any claim of default or breach of Contract. The failure of the City to insist upon strict performance of any term or
condition of the Contract or to exercise or delay the exercise of any right or remedy provided in the Contract, or by
law, shall not release the Contractor from any responsibilities or obligations imposed by the Contract or by law, and
shall not be deemed a waiver of any right of the City to insist upon the strict performance of the Contract.
36.
Safety Standards: All items supplied on this Contract must comply with the current applicable Occupational Safety
and Health Standards of the State of Arizona Industrial Commission, the National Electric Code and the National
Fire Protection Association Standards.
37.
Serial Numbers: Proposals shall include equipment on which the original manufacturer's serial number has not
been altered in any way. The City reserves the right to reject any and all equipment.
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
15 | Page
38.
Severability: The provisions of this Contract are severable to the extent that any provision or application held to
be invalid shall not affect any other provision or application of the Contract which may remain in effect without the
invalid provision or application.
39.
Specially Designated Nationals and Blocked Persons List: Contractor represents and warrants to the City that
neither Contractor nor any affiliate or representative of Contractor:
A.
Is listed on the Specially Designated Nationals and Blocked Persons List maintained by the Office of
Foreign Asset Control, Department of the Treasury (OFAC) pursuant to Executive Order no. 13224, 66 Fed.
Reg. 49079 (“Order”);
B.
Is listed on any other list of terrorists or terrorist organizations maintained pursuant to the Order, the rules
and regulations of OFAC or any other applicable requirements contained in any enabling legislation or other
related Order(s);
C.
Is engaged in activities prohibited in the Order; or,
D.
Has been convicted, pleaded nolo contendre, indicted, arraigned or custodially detained on charges
involving money laundering or predicate crimes to money laundering.
40.
Time of the Essence: Time is and shall be of the essence in this Contract. If the delivery date(s) specified herein
cannot be met, Contractor shall notify the City using an acknowledgment of receipt of order and intent to perform
without delay, for instruction. The City reserves the right to terminate this Contract and to hold Contractor liable for
any cost of cover, excess cost(s) or damage(s) incurred as a result of delay.
41.
Unauthorized Firearms & Explosives: No person conducting business on City property is to carry a firearm or
explosive of any type. All Offerors, Contractors and subcontractors shall honor this requirement at all times and
failure to honor this requirement shall result in Contract termination and additional penalties. This requirement also
applies to any and all persons, including those who maintain a concealed weapons permit. In addition to Contract
termination, anyone carrying a firearm or explosive device will be subject to further legal action.
42.
Warranties: Contractor expressly warrants that all materials and/or goods delivered under the Contract shall
conform to the specifications of this Contract and be merchantable and free from defects in material and
workmanship, and of the quality, size and dimensions specified herein. This express warranty shall not be waived
by way of acceptance or payment by the City, or otherwise. Contractor expressly warrants the following:
A.
All workmanship shall be finest and first-class;
B.
All materials and goods utilized shall be new and of the highest suitable grade for its purpose; and
C.
All services will be performed in a good and workmanlike manner. Contractor’s warranties shall survive
inspection, acceptance and/or payment by the City, and shall apply to the City, its successors, agents and
assigns.
The Contractor agrees to make good by replacement and/or repair, at its sole expense and at no cost to the City,
any defects in materials or workmanship which may appear during the period ending on a date twelve (12) months
after acceptance by the City, unless otherwise specified herein. Should Contractor fail to perform said replacement
and/or repair to City’s satisfaction within a reasonable period of time, City may correct or replace said defective or
nonconforming materials and recover the costs thereof from Contractor. This warranty shall not operate to reduce
the statute of limitations period for breach of contract actions or otherwise, or reduce or eliminate any legal or
equitable remedies.
43.
Work for Hire and Ownership of Deliverables: Contractor hereby agrees and covenants that all the results and
proceeds of Contractor’s work and/or services for the Project specified herein, for Contractor and all of its agents,
employees, officers and subcontractors, shall be owned by the City, including the copyright thereto, as work for
hire. In the event, for any reason such results and proceeds are not deemed work for hire, Contractor agrees and
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
16 | Page
covenants that it shall be deemed to have assigned to the City all of its right, title and interests in such results,
proceeds and content to the City, without limitation. Contractor agrees to indemnify and hold the City harmless
from and against all claims, liability, losses, damages and expenses, including without limitation, legal fees and
costs, arising from or due to any actual or claimed trademark, patent or copyright infringement and any litigation
based thereon, with respect to any work, services and/or materials contemplated in this Contract. Contractor agrees
to pay to defend any and all such actions brought against the City. Contractor’s obligations hereunder shall survive
acceptance by the City of all covenants herein as well as the term of the Contract itself.
44.
Non-exclusive Contract: Any Contract resulting from this Request for Proposal shall be awarded with the
understanding and agreement that it is non-exclusive and entered into for the sole convenience of the City. The
City reserves the right to obtain like goods or services from another source.
45.
Ordering Process: Upon award of a Contract by the Procurement Office, the City may procure the specific material
and/or service awarded by the issuance of a purchase order to the appropriate Contractor. Each purchase order
must cite the correct Contract number. Such purchase order is required for the City to order and the Contractor to
deliver the material and/or service.
46.
Shipping Terms: Prices shall be F.O.B. Destination to the delivery location(s) designated herein. Contractor shall
retain title and control of all goods until they are delivered and the Contract of coverage has been completed. All
risk of transportation and all related charges shall be the responsibility of the Contractor. The City will notify the
Contractor promptly of any damaged materials and shall assist the Contractor in arranging for inspection.
Shipments under reservation are prohibited. No tender of a bill of lading shall operate as a tender of the materials.
47.
Delegated Awards: In the event this Contract is administratively awarded via delegated authority as provided for
in Section 26A-5 of the Procurement Ordinance, the Contractor acknowledges that a final Contract with the City of
Tempe requires City Council approval and possibly the signature of the Mayor. Should this Contract be rejected by
the City Council, Contractor agrees that it is immediately void and unenforceable against any party. The awarded
firm(s) will be compensated only for any and all costs incurred up to the date of notification of such termination.
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
17 | Page
Special Terms & Conditions and Instructions
Proposals taking exception to Special Terms & Conditions and Instructions stated within this Request for Proposal may
cause the Proposal to be considered nonresponsive and rejected.
1.
City Procurement Document: This Request for Proposal is issued by the City. No alteration of any portion of this
Request for Proposal by an Offeror is permitted and any attempt to do so shall result in vendor’s proposal Offer
being considered nonresponsive and rejected. No alteration of any portion of a resultant Contract is permitted
without the written approval of the Procurement Office and any attempt to do so shall be considered a breach of the
Contract. Any such action is subject to the legal and contractual remedies available to the City inclusive of, but not
limited to, Contract termination and/or suspension of the Contractor.
2.
Offer Acceptance Period: To allow for an adequate evaluation, the City requires the vendor’s proposal Offer in
response to this Request for Proposal to be valid and irrevocable for 120 days after the proposal due time and date.
3.
Contract Type: Firm fixed price, Term, indefinite quantity.
4.
Term of Contract: The term of the Contract shall commence on the date of award and shall continue for a period
of one (1) year thereafter, unless terminated, canceled or extended as otherwise provided herein.
5.
Contract Renewal: The City reserves the right to unilaterally extend the period of any resultant Contract for ninety
(90) days beyond the stated term. In addition, the City at its option may renew for supplemental terms of up to a
maximum of four (4) additional years. The period for any single renewal increment shall be determined by the
Procurement Office. Such increment shall not be for more than a period of two (2) years each, unless the City is
eligible to obtain a significant cost and/or supply advantage by a longer Contract renewal period.
6.
Pricing:
A.
Pricing accuracy and completeness are critical to the determination of an award. Offeror shall identify and
price all items being proposed.
B.
In the case of system proposals, Offeror shall identify all items which are required to make the system
function in accordance with the specifications stated in the Request for Proposal.
C.
If provided pricing pages do not cover all such items, the Offeror shall include an itemized listing of all
required products and services in the Proposal required for all system equipment to be fully functional and
in conformity with specifications stated in the Request for Proposal.
7.
Price Adjustment:
A.
The Procurement Office will review fully documented requests for price increases after the Contract has
been in effect for 12 months. The requested price increase must be based upon a cost increase that was
clearly unpredictable at the time of the Proposal and can be shown to directly affect the price of the item
concerned. The Procurement Office will determine whether the requested price increase, or an alternative
option, is in the best interest of the City. Advanced thirty (30) day written notification by Contractor is
required for any price changes. All price adjustments will be effective on the first day of the month following
approval or acceptance by the Procurement Office. After the City approves a price increase the Contractor
shall not be eligible to receive an additional increase until 12 months from the date of the last approved
price increase.
B.
Price increase requests must be acknowledged in writing by the Procurement Office before becoming
effective. If not acknowledged within thirty (30) days, Contractor shall contact the Procurement Office to
ensure the price increase request was received.
C.
The Contractor shall offer any published price reduction or if applicable to the Contract, profit sharing price
advantage to the City concurrent with its announcement to other customers. A price reduction or profit-
sharing price advantage may be offered at any time during the term of an awarded Contract and shall
become effective upon notice and acceptance. The City shall likewise be given any special sales discounts
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
18 | Page
offered to the general public, which exceed contracted price discounts extended to the City by the
Contractor.
8.
Multiple Awards: The City has a large number and variety of potential customer departments. In order to ensure
that any ensuing Contracts will allow the City to fulfill current and future requirements, the City reserves the right to
award Contracts to multiple companies. The actual utilization of any Contract will be at the sole discretion of the
City. The fact that the City may make multiple awards should be taken into consideration by each Offeror.
9.
Payments: Payment in full shall be made to the Contractor within thirty (30) days after receipt and acceptance of
an itemized invoice, unless terms other than net thirty (30) days are offered as a discount, at the City’s sole
discretion.
10.
Insurance:
A.
Insurance Required: Prior to commencing services under this Contract, Contractor shall procure and
maintain for the duration of the Contract insurance against claims for injuries (including death) to persons
and damages to property, which may arise from or in connection with the performance of the work
hereunder by the Contractor, its agents, representatives, employees, subcontractors, or sub-
subcontractors. For Offerors with self-insurance, proof of self-insurance with minimum limits expressed
below must be submitted on proper forms for evaluation prior to award of Contract.
A Contract Award Notice or Purchase Order will not be issued to the Contractor until receipt of all required
insurance documents by the Procurement Office with such documents meeting all requirements herein. In
addition, before any Contract renewal, all required insurance must be on file with the Procurement Office.
Contractor must submit required insurance within ten (10) calendar days after request by the Procurement
Office or the award may be rescinded and another Offeror selected for award.
B.
Minimum Limits of Coverage: Without limiting any obligations or liabilities, the Contractor, at its sole
expense, shall purchase and maintain the minimum insurance specified below with companies duly
licensed or otherwise approved by the State of Arizona, Department of Insurance and with forms
satisfactory to the City. Each insurer shall have a current A.M. Best Company, Inc., rating of not less than
A-VII. Use of alternative insurers requires prior approval from the City.
i.
Minimum Limits of Insurance. Contractor shall maintain the following minimum limits:
a.
Commercial General Liability
Commercial general liability insurance limit of not less than $1,000,000 for each occurrence, with
a $2,000,000 general aggregate limit. The general aggregate limit shall apply separately to the
services under this Contract or the general aggregate shall be twice the required per occurrence
limit. The policy shall be primary and include coverage for bodily injury, property damage, personal
injury, products, completed operations, and blanket contractual coverage, including but not limited
to the liability assumed under the indemnification provisions of this Contract which coverage will be
at least as broad as Insurance Service Office policy form CG0001 or its equivalent.
In the event the general liability policy is written on a "claims made" basis, coverage shall extend
for two (2) years past completion and acceptance of the services as evidenced by annual
certificates of insurance. In addition, the retro date shall be no later than the start date of the
contract. The retro date shall be disclosed on the certificate of insurance.
Such policy shall contain a "severability of interests" provision.
b.
Worker’s Compensation
The Contractor shall carry worker’s compensation insurance to cover obligations imposed by
federal and state statutes having jurisdiction of Contractor employees engaged in the performance
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
19 | Page
of services; and employer’s liability insurance of not less than $100,000 for each accident, $100,000
disease for each employee and $500,000 disease policy limit.
In cases when services are subcontracted, the Contractor will require the subcontractor to provide
worker’s compensation and employer’s liability to at least the same extent as provided by
Contractor.
c.
Automobile Liability
Commercial business automobile liability insurance with a combined single life or bodily injury and
property damages of not less than $1,000,000 per accident regarding any owned, hired, and non-
owned vehicles assigned to or used in performance of the Contractor services. Coverage will be
at least as broad as coverage Code 1 "any auto". Insurance Service Office policy form CA0001
Y87 or any replacements thereof. Such coverage shall include coverage for loading and unloading
hazards.
C.
Additional Insured: The insurance coverage, except for workers compensation and professional liability
coverage, required by this Contract, shall name the City, its agents, representatives, directors, officials,
employees, and officers, as additional insureds, and shall specify that insurance afforded the Contractor
shall be primary insurance. The additional insured wording on the commercial general liability policy will
be at least as broad as Insurance Services Office policy forms CG2010 04/13 edition and CG2037 04/13
edition or their equivalent. The additional insured wording on the automobile liability policy will be at least
as broad as Insurance Services Office policy form CA 20 48 or its equivalent. This provision and the naming
of the city as an additional insured shall in no way be construed as giving rise to responsibility or liability of
the City for applicable deductible amounts under such policy(s).
D.
Coverage Term: All insurance required herein shall be maintained in full force and effect until all work or
service required to be performed under the terms of the Contract is satisfactorily completed and formally
accepted by the City. Failure to do so shall constitute a material breach of this Contract.
E.
Primary Coverage: Contractor’s insurance shall be primary insurance to the City, and any insurance or
self-insurance maintained by the City shall not contribute to it.
F.
Claim Reporting: Any failure to comply with the claim reporting provisions of the policies or any breach of
a policy warranty shall not affect coverage afforded under the policy to protect the City.
G.
Waiver: The policies, including workers’ compensation, shall contain a waiver of transfer rights of recovery
(subrogation) against the City, its agents, representatives, directors, officers, and employees for any claims
arising out of the work or services of the Contractor.
H.
Deductible/Retention: The policies may provide coverage which contain deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall be disclosed by the contractor and shall
not be applicable with respect to the coverage provided to the City under such policies. Contractor shall
be solely responsible for deductible and/or self-insurance retention and the City, at its option, may require
Contractor to secure the payment of such deductible or self-insured retentions by a surety bond or an
irrevocable and unconditional letter of credit.
I.
Certificates of Insurance: Prior to commencing work or services under this Contract, Contractor shall
furnish the City with certificates of insurance, or formal endorsements as required by the Contract, issued
by the Contractor’s insurer(s), as evidence that policies providing the required coverages, conditions, and
limits required by this Contract are in full force and effect. Such certificates shall identify this Contract
number or name and shall provide for not less than thirty (30) days advance notice of cancellation,
termination, or material alteration. Such certificates shall be sent directly to: Contract Administrator, City of
Tempe, P. O. Box 5002, Tempe, AZ 85280.
J.
Copies of Policies: The City reserves the right to request and to receive, within ten (10) working days,
certified copies of any or all of the above policies and/or endorsements. The City shall not be obligated,
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
20 | Page
however, to review same or to advise Contractor of any deficiencies in such policies and endorsements,
and such receipt shall not relieve Contractor from, or be deemed a waiver of, the City’s right to insist on
strict fulfillment of Contractor’s obligations under this Contract.
11.
Contractor’s Pollution Liability: Contractor’s pollution liability coverage with project-specific limits of $1,000,000
per loss and a $2,000,000 annual aggregate for losses caused by pollution conditions that arise from the operations
of the Contractor as specified In the contract’s scope of work and which shall include:
i.
Bodily injury sickness, disease, death, mental anguish or shock;
ii.
Property damage, including physical injury, to or destruction of property Including loss of use, clean
up costs, and loss of use of property not physically injured nor destroyed; and
iii.
Defense costs, including charges and expenses for investigation and claims adjustment.
12.
Environmental Warranty: Contractor warrants that it is aware of and understands the hazards which are presented
to persons, property, and the environment in Contractor’s performance of the transportation, storage, remediation
and disposal services as described within the scope of work of this Contract. Contractor shall transport, store,
remediate and dispose of such materials in full compliance with all applicable governmental laws, regulations and
orders. If the scope of work or services requires off-site storage, treatment or disposal, the Contractor shall ensure
that selected storage, treatment and disposal facilities described in the scope of work are appropriately licensed and
permitted to store, treat and dispose of the waste, materials or hazardous substances detailed within the scope of
work. In the event that any such facility loses its permitted status hereafter during the term of this Contract, the
Contractor will immediately notify the City.
13.
Job Site Requirements and Clean-Up: Contractor agrees and covenants to adequately protect the work site,
adjacent property and the public in all phases of the work and/or services provided herein. Contractor shall be
solely responsible for all damages or injuries due to action or neglect pursuant to this Section. Contractor shall
maintain access to all phases of the project pending inspection by the City or its agent. Contractor hereby agrees
to the following as to the job site:
A.
Continually keep the job site free from debris, waste and accumulation of materials;
B.
Immediately clean up any oil, fuel or chemical spills and take any and all remediation necessary;
C.
Keep machinery clean and free of weeds and debris;
D.
Remove all stains, smears and debris from finished surfaces;
E.
Perform site preparation to limit the spread of weeds, debris and other nuisances prior to submission of
final invoice to the City; and
F.
Remove all equipment, materials, tools and Contractor’s personal property prior to submission of final
invoice to the City.
Contractor shall respond within five (5) calendar days after notice by the City of any defects and/or maintenance
requests to immediately remedy the condition of the job site. Should the Contractor fail to respond promptly as set
forth herein, the City shall correct the job site at the expense of the Contractor, and recover all attendant costs.
14.
Confined Space Work: The contractor shall comply with all applicable federal, state, local health and safety
regulations, ordinances, and requirements. In addition, the following requirements are applicable for City
construction projects. The contractor shall implement a permit-required confined space program as specified under
29 CFR 1910.146 for all work that encompasses a space that 1) is large enough and so configured that an employee
can bodily enter and perform assigned work; 2) has limited or restricted means for entry or exit (for example, tanks,
vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry); and 3) is
not designed for continuous employee occupancy.
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
21 | Page
15.
Conduct and Dress Code: The contractor's employees shall maintain proper conduct at all times while on City
property. Employees shall maintain a professional demeanor and respect other personnel at the work site.
Employees will be dressed appropriately for the work with badges or uniforms that identify them as employees of
the contractor.
16
Hazardous Materials:
A.
Contractor covenants and agrees that it shall, at all times during the term of the Contract, and at its sole
cost and expense, comply with and assume sole responsibility and liability under all environmental laws
applicable to use of or operations at the Project site by Contractor, its agents, assigns and/or employees.
Contractor agrees that should it or any of its agents, assigns or employees know of (a) any violation of
environmental laws relating to the Project site, or (b) the escape, release or threatened release of any
hazardous materials in, on, under or about the Project site, Contractor shall promptly notify the City in
writing of such, and that it will provide all warnings of exposure to hazardous materials in, on, under or
about the Project site in strict compliance with all applicable environmental laws.
B.
Contractor covenants and agrees that it shall at no time use, analyze, generate, manufacture, produce,
transport, store, treat, release, dispose of or permit the escape of, or otherwise deposit in, on under or
about the Project site, any hazardous materials, or permit or allow any of its agents, assigns or
employees to do so.
C.
Prior to use of the Project site the Contractor shall provide the City an inventory of all equipment and
materials stored and/or to be stored at the Project site.
D.
For purposes of this Contract, hazardous materials shall include but is not limited to, any and all
substances, chemicals, wastes, sewage or other materials that are now or hereafter regulated, controlled
or prohibited by any environmental laws, including without limitation, any (a) substance defined as a
“hazardous substance”, “extremely hazardous substance”, “hazardous material”, “hazardous chemical”,
“hazardous waste”, “toxic substance” or “air pollutant” by Federal laws, including but not limited to, the
Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9601, et seq.; the
Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq.; the Hazardous Materials
Transportation Act, 49 U.S.C. §1801, et seq., the Toxic Substances Control Act, 15 U.S.C. §2601, et
seq., and all amendments thereto, or other similar governmental restrictions; and (b) any chemical,
compound, material, substance or other matter that: (i) is a flammable explosive, asbestos, radioactive
material, nuclear material, drug, vaccine, bacteria, virus, hazardous waste, toxic substance, injurious by
itself or in combination with other materials; (ii) is controlled, designated in or governed by any hazardous
materials laws; (iii) gives rise to any reporting, notice or publication requirements under any hazardous
materials laws; or (iv) gives rise to any liability, responsibility or duty on the part of the City or Contractor
with respect to any third person under any hazardous materials laws.
17.
Safety, Health and Sanitation: The contractor shall provide and maintain in a neat, sanitary condition such facility
accommodations for the use by their employees as may be necessary to comply with the requirements and
regulations of the Arizona State Department of Health or as specified by the Maricopa County Health Department,
Sanitary Code.
The contractor shall be fully responsible for the safety of their employees, the public and property in connection with
the performance of the work covered by this contract. The contractor(s) shall provide all safeguards, safety devices
and protective equipment and be responsible for taking any needed actions to protect the life and health of their
employees and the public during work activity. The contractor(s) shall also take any necessary actions as directed
by the City Project Manager to reasonably protect the life and health of employees on this job and others coming
into contact with the job site.
Precaution shall be exercised by the contractor(s) at all times for the protection of persons (including employees)
and property. The contractor shall comply with the provisions of all applicable laws, pertaining to such protection
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
22 | Page
including all Federal and State Occupational Safety and Health Acts, and Standards and Regulations promulgated
thereunder.
18.
Protection and Restoration of Property and Landscape: The contractor shall be responsible for all damage or
injury to public or private property of any character, during the prosecution of the work resulting from any act,
omission, neglect, or misconduct in its manner or method of executing the work or at any time due to defective work
or materials. The contractor(s) responsibility will not be released until the project has been completed and accepted.
If damage is caused by the contractor, the contractor shall restore at no cost to the City, such property to a condition
similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise
restoring as may be directed, or they shall make good such damage or injury in an acceptable manner. Further
payments will be withheld until the City has inspected the corrected damage or injury and has signed-off the
completion and acceptance.
Contractor shall not dump spoils or waste material on private or public property without first obtaining from the
owner written permission for such dumping.
19.
Responsibility for Work: The contractor shall properly guard, protect, and take every reasonable precaution
necessary against damage or injury to all finished or partially finished work due to weathering action by the elements
or from any other cause, until the entire portion of their respective contract obligation is completed and accepted by
the City. The contractor(s) shall rebuild, repair, restore, and make good all injuries or damages to any portion of the
work before final acceptance at no cost to the City. Partial payment for any completed portion of work shall not
release the contractor(s) from such responsibility.
20.
Employees of the Contractor: No one except authorized employees of the Contractor is allowed on the premises
of the City. Contractor employees are NOT to be accompanied in their work area by acquaintances, family
members, assistants, or any other person unless said person is an authorized employee of the Contractor. Failure
of Contractor to meet this requirement will result in permanent removal of employee performing work at the City
sites.
21.
Sub-Contractor(s): The City reserves the right to approve all sub-contractor(s). Contractor is responsible for all
actions of sub-contractor(s). Contractor shall name sub-contractor(s) as additionally insured, in addition to the City
on all required insurance documents.
22.
Safety Apparel Used by Contractor Employees/Staff: Contractor’s employees/staff shall be required to wear
safety apparel (i.e., eye, ear, face, protection, etc.) and appropriate clothing like long pants, long sleeve shirts, when
using landscape equipment such as, but not limited to lawnmowers, blowers, weed wackers, etc. Monitoring of
safer work performance will be performed by City staff.
22.
Materials and/or Equipment: Materials and/or equipment, furnished by the City will be delivered or made available
to the contractor(s) when necessary. The contractor(s) will be held responsible for all materials and/or equipment
accepted by them and will make good any shortages, deficiencies or damages that may occur after such
acceptance.
23.
Project Data and Documents: The contractor shall be entitled to rely upon the accuracy of all data furnished by
the City, which is or may be used by the contractor in the provision of services under this agreement. The contractor
has the right to retain and use all data furnished, and all plans, designs, specifications and other work product
created by the contractor during its provision of service under this Agreement.
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
23 | Page
Scope of Work
The City of Tempe (City) is issuing this Request for Proposal (RFP) to establish a one (1) year contract for cleaning,
maintenance and repair of stormwater infrastructure and drywells on as needed basis for the City’s Municipal Utilities –
Water Utilities Division. Any resultant contract shall be subject to renewal for subsequent periods as provided for within the
Special Terms and Conditions of this RFP. Resulting contract(s) may also be available for use by other cities per the Special
Terms and Conditions of this RFP.
Resulting contract shall be monitored under the supervision of the City Procurement Office and Water Utilities.
Estimated Annual Spend
Estimated annual spend is $50,000 but anticipated to increase as stormwater maintenance funding is acquired.
No minimum or maximum guarantee is made as to the size of a project(s) or the exact amount of work to be performed.
Multiple Awards
A primary and secondary award may be made as a result of this RFP. Multiple awards will ensure that any ensuing contracts
allow the city to fulfill current and future requirements.
RFP Communications/Inquiries
Upon release of this RFP, all communications shall be directed in writing, via email, to the Procurement Officer listed below.
No other agency official or employee is empowered to speak for the City or Agencies with respect to this procurement.
Unauthorized contact with any employee of any department within the City of Tempe or other Agency may result in
disqualification from the RFP process. Any oral communication will be considered unofficial and non-binding on the City or
other Agencies.
The RFP number assigned to this Request MUST be contained in the subject line of all correspondence.
Contact the following individual for clarification of this RFP:
Shireen Boone
Procurement Officer
Tempe Procurement Office
480-350-8617
Shireen_Boone@temple.gov
Specifications – (a) Stormwater Infrastructure and (b) Drywells
Contractor shall furnish all labor, equipment, supplies and supervision necessary to:
•
(a & b) Operate a high-volume vacuum.
•
(b) Remove and replace filter material and hydro jet drywells.
•
(a & b) Remove silt/debris from drywells, bubbler boxes (drywell pre-treatment), catch basins, storm water mains,
culverts, ditches and other portions of the municipal separate storm sewer system (“MS4”) as needed.
•
(a) Remove standing water and debris from storm water pumping stations.
•
(a) Remove silt/debris from box culverts.
•
(a) Remove silt/debris from drain pipes under roadways.
•
(a & b) Portable pumps to remove standing stormwater water.
•
(a & b) Re-secure stormwater infrastructure lids/grates after storm events and cleaning events.
•
(b) Conduct drywell maintenance and repairs.
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
24 | Page
Contractor will provide all pedestrian and/or traffic control needed at the job site. See the City’s Traffic Barricade Manual
(https://www.tempe.gov/home/showdocument?id=42019)
Night work must be approved by the City.
Potable water usage must be logged and provided to the City for accounting purposes. As long as appropriately air gapped,
hydrant metering will not be required.
Downtime will not be paid by the City if Contractor’s vehicle is disabled while in the performance of any work at the City.
Contractor may tap into City water hydrants if they are accessible and provide load count to the Water Utilities Contract
Administrator. Equipment shall arrive on site with full capacity of water and empty debris box.
No travel time to or from jobsite will be paid, (except to fill tank and empty debris box after work has commenced).
Response Time
Under normal conditions, contractor will be required to respond to the initial service call from the Water Utilities Contract
Administrator within 24 hours.
Under normal conditions, contractor shall be required to commence work within 7 calendar days of authorization request
and all work shall be completed within 21-calendar days after commencement of work. Any exceptions must be approved
by the Water Utilities Contract Administrator.
Under emergency conditions, contractor shall be required to respond and commence work within 12 hrs.
Equipment Required (Minimum)
Vacuum Combination Truck to include 10 cubic yard debris tank. Jet pump rated at 2,000 PSI. On-board 1,000 gallon
capacity water tank. Extendable boom feature. Vacuum system.
Service Truck to include all equipment necessary and required to support vacuum truck including: ladder(s), gas detector(s),
oxygen/gas/chemical air monitor, traffic cones, flexible hose for pumps, assorted nozzles to complete various pipe cleaning
services, complete tool kit, hose mending equipment, concrete repair tools.
Various sized portable water pumps capable of dewatering stormwater structures or standing water.
Cement mixer for concrete jobs.
Contractor will be responsible for all fluids that leak/spill from its owned/leased/rented equipment and vehicles. Leaks/spills
not properly contained and/or captured to the satisfaction of City will be addressed by a reduction in the amount of payment
equal to the cost incurred to remediate the leaks/spills.
Crew, Conduct and Dress Code
Contractor’s crew size shall be not less than two (2) people, at least one of which shall be a qualified supervisor/lead which
has the appropriate work experience and training.
Contractor shall provide a qualified supervisor who shall be authorized by the Contractor to receive and put into effect
promptly all orders, directions and instructions from the City or Contractor regarding the performance of the work specified
in the contract.
Contractor shall furnish competent and adequately trained personnel to perform the work contained in the specifications of
the contract.
The contractor's employees shall maintain proper conduct at all times while on City property. Employees shall respect other
personnel at the work site. Abusive language, ethnic and racial slurs, sexual comments and jokes, shouting, and gestures
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
25 | Page
toward other personnel will not be tolerated. Any occurrence will result in immediate action with possible dismissal of that
employee. Employees will be neatly dressed with badges or uniforms that identify them as employees of the contractor.
Mobilization
Any and all mobilization costs are to be included in the unit prices on the price sheet. The City will not be responsible for
any mobilization cost incurred by the successful contractor.
Demonstration of Services – Pre Contract Award
The City of Tempe reserves the right to request a demonstration of services. Bidder shall have ten (10) days from the date
of request to provide the demonstration of services. Any services so requested shall be provided at no cost or obligation to
the City of Tempe. Any demonstration provided shall create an express warranty that the whole of the services shall conform
to the demonstration. The City will be the sole judge of service acceptability.
Equipment Identification
All equipment used by the Contractor must be clearly identified with the name of the company, on each side of the equipment,
including personnel transportation vehicles.
Reporting
Contractor will be required to maintain a cleaning log for each item/site cleaned. Maintenance log shall include at a minimum
the following: item/site, asset ID number (provided by the City), date of service, type of structure, service completed, and
approximate volume of debris removed from each site. Invoices will include line item costs associated with each asset
serviced and work performed.
Compliance with Laws
Contractor shall comply will all federal, state, and local laws, rules, regulations, standards and Executive Orders, without
limitation to those designated within this Contract. The laws and regulations of the State of Arizona shall govern the right
of the parties, the performance of this Contract, and any dispute hereunder. Any action relating to this Contract shall be
brought in a court of the State of Arizona in Maricopa County. Any changes in the governing laws, rules, and regulations
during the term of this Contract shall apply.
Permits
Contractor shall be responsible for obtaining and/or completing any and all permits required to perform services including
confined space permits and right of way work permits at no additional cost to the City.
Driver’s License
Employees driving the Contractor's vehicles shall at all times possess and carry a valid vehicle operator's license as required
and issued by the State of Arizona.
Confined Space Work
The contractor shall comply with all applicable federal, state, local health and safety regulations, ordinances, and requirements.
The contractor shall implement a permit-required confined space program as specified under 29 CFR 1910.146 for all work
that encompasses a space that 1) is large enough and so configured that an employee can bodily enter and perform assigned
work; 2) has limited or restricted means for entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and
pits are spaces that may have limited means of entry); and 3) is not designed for continuous employee occupancy. This
program must be submitted to the City for review.
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
26 | Page
Electrical Work – Lockout/Tagout
The Contractor shall comply with all applicable federal, state, and local safety and health regulations, ordinances, and
requirements. The Contractor shall comply with Occupational Safety and Health Administration regulations specified in 29
CFR 1926 Subpart K - Electrical, 29 CFR 1910 Subpart S - Electrical, and 29 CFR 1910.147 The Control of Hazardous
Energy (Lockout/Tagout).
The Contractor is responsible for having qualified personnel to properly lock/out or tag/out electrical and mechanical
equipment as deemed necessary per the above OSHA standard. Contractor’s personnel will be responsible for properly
disconnecting and reconnecting electrical and mechanical equipment as required in the completion of the work.
The Contractor is responsible for adhering to the latest addition of NFPA – 70E, standards for electrical safety in the
workplace.
Dumping and Disposal of Debris and Stormwater
The Contractor shall be directed by the City to dispose of the debris at a City location. The City will direct the contractor
where to discharge the liquid phase. It may be discharged to the sanitary sewer or to the surrounding site if appropriate.
Disposal of Silt/Debris will be at 6600 S. Price Rd., Tempe, AZ 85283.
Pricing
Bidder must provide pricing in the format presented on the pricing pages. Pricing shall include all costs including furnishing all
labor, supervision, mobilization, equipment and operators, tools, fuel, materials, disposal, forms, insurance, taxes and other
items incidental which are necessary to perform the work as specified in this RFP.
From time to time work may be required that is not specifically itemized or mentioned in this RFP. The City must approve
these projects in writing prior to time of work.
Payment
Payment will be made in full within thirty (30) days after receipt and acceptance of an itemized invoice from the Contractor
and acceptance of work by the Water Utilities staff. If a subcontractor is used for any portion of the contract it is the
responsibility of the prime Contractor to invoice for the subcontractor’s services. The City of Tempe will not pay
subcontractor for services performed as part of this contract.
Reduction in Payment
Reduction in payment due to unsatisfactory service: Each month Contractor performance will be evaluated for satisfactory
performance. If the performance for any portion of the scope of work is unsatisfactory and poor performance is clearly the
fault of the Contractor (any service not performed which is required by contract), the amount of money charged for the work
will not be paid until the work/repair has been done and accepted by the City as being satisfactory.
In the event the Contractor is deficient in any required service, the Contractor shall be notified to correct the deficiency within
a specified time. If the Contractor fails to correct the deficiency within the time specified, the Water Utilities staff may have
the service performed by City personnel or by a separate Contractor at the Contractor’s expense.
Questionnaire
Proposers are to be read and completely answer each question contain in the Questionnaire. The Questionnaire will be used
to determine the qualifications of firm. The City is the sole judge as to determining what is in the best interest of the City.
Vendor's Offer
"Return this Section with your Response"
Offeror must complete, sign and submit an original of this form to the Procurement Office with the proposal response. An
unsigned "Vendor's Offer", late proposal response, and/or a materially incomplete response will be considered
nonresponsive and rejected. Offeror is to type or legibly write in ink all information required below.
Company Name:
StormWater Pros, LLC.
Company Purchase Order Mailing Address:
Street Address:
916 E. lmpala Ave., Suite 101
City, State, Zip:
Mesa, AZ. 85204
Contact Person:
Cindy Johnson
Phone Number:
480-926-1003
----------------
------------
E -ma i I Address:
cindy@stormwaterprosllc.com
Cell Number:
480-577-8491
Remit to Information
Company Name (as it appears on invoice):
StormWater Pros, LLC.
Company Payment Remit to Address:
Street Address:
916 E. Impala Ave., Suite 101
City, State, Zip:
Mesa, AZ. 85204
Company Tax Information
If a Tempe-based firm, provide Tempe Transaction Privilege (Sales) Tax No.:
N/A
Payment Options
Will your company accept the City's Master Card for payment?
Will your company accept Payment via ACH (Automated Clearing House) for payment?
YesQ
Yesc::i]
NoD
NoD
THIS PROPOSAL IS OFFERED BY
REQUIRED SIGNATURE OF AUTHORIZED OFFEROR (MUST SIGN IN INK)
By signing this Vendor's Offer, Offerer acknowledges acceptance of all terms and conditions contained herein and that
prices offered were independently developed without consultation with any other Offeror or potential Offeror. Failure to sign
and retu this for
with proposal response will be considered nonresponsive and rejected
11/21/2019
Date
Glen Millett
Print or Type Name of Authorized Individual
General Manager
Title of Authorized Individual
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
39 I Page
nti-Discrimination Po icy
COMPLIANCE WITH CITY'S ANTIDISCRIMINATION
ORDINANCE NO. 02016.25
The Tempe City Council approved Ordinance No. 02016.25 that requires vendors who are being recommended for
award to provide evidence of their compliance with the City's antidiscrimination policy as shown below:
Sec. 2-601. Policy.
It is declared to be the policy for the citizens of Tempe, Arizona, to be free from discrimination in public
accommodations, employment, and housing, and contrary to public policy and unlawful to discriminate against any
person on the basis of race, color, gender, gender identify, sexual orientation, religion, national origin, familial status,
age, disability, or United States military veteran status, in places of public accommodation, employment, and
housing; and contrary to the policy of the city and unlawful for vendors and contractors doing business with the city
to discriminate, as set forth in this article.
Sec. 2-603. Unlawful Practices.
The following shall constitute a violation of this article:
For a city vendor or city contractor, because of race, color, gender, gender identify, sexual orientation, religion,
national origin, familial status, age, disability, or United States military veteran status, to refuse to hire or employ or
bar or discharge from employment any person, or to discriminate against such person in compensation, conditions,
or privileges or employment. City vendors and contractors of fifteen (15) or more employees shall provide a copy of
its antidiscrimination policy to the Procurement Officer to confirm compliance with this article. Employers having
fourteen (14) or less employees may attest in writing to compliance with this article.
Vendor Requirements
Vendors who have fifteen (15) or more employees shall include with their bid/proposal submittal a copy of its
antidiscrimination policy that must mirror the City's policy as stated above. Suppliers who have fourteen (14) or less
employees may include their antidiscrimination policy or complete a written affidavit of compliance per the attached.
To be completed by responding company and returned with submittal:
X
Our company has 15 or more employees and has included its antidiscrimination policy that mirrors the
City's policy;
Our company has fourteen (14) or less employees and is attaching the signed AFFIDAVIT OF
COMPLIANCE WITH TEMPE CITY CODE CHAPTER 2 ARTICLE VIII SECTION 2-603(5).
Please include this document along with the company's antidiscrimination policy or the completed affidavit with offer
submittal
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
40 I Page
Addendum to Solicitation
Tempe.
Making waves in the ctesert
City Procurement Office/City of Tempe• PO Box 5002 • 20 East 6th Street• Tempe, AZ 85280 • (480) 350-8324 • www.tempe.gov/procurement
This addendum will modify and/or clarify:
and is
Issue Date: I 11/25/19
Solicitation No.: I 20-028
Addendum No.: j 1
Procurement Description:
Stormwater Infrastructure and Dry Well
Cleaning, Maintenance, and Repair
Solicitation due date is hereby extended to Tuesday, December 3, 2019, 3:00 P.M., MST, (Arizona time).
Please ensure that you sign and submit this addendum with your proposal response by the due date found in the solicitation document.
The balance of the specifications and bid solicitation instructions to remain the same. Bidders/Proposal Offerors are to acknowledge receipt
and acceptance of this addendum by returning of signed addendum with bid/proposal response. Failure to sign and return an addendum prior
to bid/proposal opening time and date may make the bid/proposal response non-responsive to that portion of the solicitation as materially
affected by the respective addendum.
'$-tor-m \NCL--kr R--o&l LLC-.
Name of Company
CAX\ Sttrn
lk .. c..on.
Email A
s
City
2jPage
State Zip
C J.nd,'.:1 iPro
By
nd Title (Please P
int)
t..{ - 9 -1003
Telephone
Q.Md
Authorized Si
Addendum to Solicitation
Tempe.
1nhing wnve,; in the d<!sert
City Procurement Office/City of Tempe• PO Box 5002 • 20 East 6th Street• Tempe, AZ 85280 • (480) 350-8324 • www.tempe.gov/procurement
This addendum will modify and/or clarify:
and is
Issue Date: I 11/26/19
Solicitation No.: I 20-028
Addendum No.: l 2
Procurement Description:
Stormwater Infrastructure and Dry Well
Cleaning, Maintenance, and Repair
Solicitation due date is hereby extended to Tuesday, December 10, 2019, 3:00 P.M., MST, (Arizona time).
The Price Sheet line item 6 for Stormwater Pipe Cleaning per foot is hereby removed. Pricing for Stormwater Pipe Cleaning
to be priced under line item 2 at an hourly rate.
Please ensure that you sign and submit this addendum with your proposal response by the due date found in the solicitation document.
The balance of the specifications and bid solicitation instructions to remain the same. Bidders/Proposal Offerors are to acknowledge receipt
and acceptance of this addendum by returning of signed addendum with bid/proposal response. Failure to sign and return an addendum prior
to bid/proposal opening time and date may make the bid/proposal response non-responsive to that portion of the solicitation as materially
affected by the respective addendum.
ro\JJoder \?<VS )LlL.
Name of Company
(' '5-\tr
p@\\C...CDYY')
Email A
ss
City
21Page
State
Zip
CW ()\-\,oo(rn /Procd fY\a.nru\er
|
nd Title (Please iifint)
<J -
1-.\g()- O(
-100
Telephone
0&r-O'u. {'A)
Authorized Si
PRICE SHEET
Stormwater Infrastructure and Drywell Cleaning, Maintenance and Repair Services
RFP20-028
COMPANY NAME _Storm Water Pros, LLC __________ _
ITEM#
DESCRIPTION
UNIT
UNIT PRICE
All rates below shall be inclusive of all necessary labor, supervision, mobilization, equipment, operators, tools, fuel, incidental materials, permits, registration,
disposal, forms, insurance, taxes, and all other items incidental which are necessary to perform the work. No travel time to or from jobsite will be paid, except
to fill empty to dispose of debris at a designated location in Tempe.
Group A
Stormwater Infrastructure Cleaning Service (other than drywell).
-
1.0
Inspection - at a location in the City of Tempe
Per Each
$150.00
2 person crew - Stormwater Infrastructure Cleaning Service (other than drywell maintenance).
Hourly Crew
2.0
Infrastructure to include, but not limited to, catch basins, slotted drains, scupper drains, culverts,
$175.00
ditches, pumping stations, and stormwater JJipe.
Rate
Each additional person - Stormwater Infrastructure Cleaning Service (other than drywell
Per Hour, Per
2.1
maintenance). Infrastructure to include, but not limited to, catch basins, slotted drains, scupper drains,
Person
$35.00
culverts, ditches, pumping stations, and stormwater pipe.
3.0
2 person crew • Miscellaneous Stormwater Infrastructure Repair Not Identified in Line Item 1 above,
Hourly Crew
$160.00
or Drywell Services below.
Rate
3.1
Each additional person - Miscellaneous Stormwater Infrastructure Repair Not Identified in Line Item
Per Hour, Per
$35.00
-
1 above, or Drywell Services below.
Person
4.0
After Hours Labor Rate
Per hour, per
$45.00
person
5.0
Transporting and Disposal of Silt/Debris to a City Designated Location - typically 6600 S. Price Rd,
Hourly
$175.00
Tempe, AZ 85283.
Total of Stormwater Services
$625.00
GroupB
DRYWELL Cleaning and Maintenance
1.0
Drywell Inspection - at a location in the City of Tempe
Per Each
$10.00
2.0
2 person crew - Drywell Cleaning and Maintenance
Hourly Crew
$175.00
Rate
2.1
Each additional person - Drywell Cleaning and Maintenance
Per Hour, Per
$35.00
Person
3.0
2 person crew - Drywell Screen or Filter Installation
Hourly Crew
$160.00
Rate
3.1
Each additional person - Drywell Screen or Filter Installation
Per Hour, Per
$35.00
Person
4.0
2 person crew - Re-Mud Ring and Grate to Cone Section of Drywell Chamber
Hourly Crew
$160.00
Rate
4.1
Each additional person - Re-Mud Ring and Grate lo Cone Section of Drywell Chamber
Per Hour, Per
$35.00
Person
5.0
2 person crew - Raise Rim Elevation of Grade up to 6 inches, then Re-Mud to Cone Section
Hourly Crew
$160.00
Rate
,-
5.1
Each additional person - Raise Rim Elevation of Grade up to 6 inches, then Re-Mud to Cone Section
Per Hour, Per
$35.00
Person
6.0
'i.1
7.0
7.1
8.0
9.0
Groupe
Group D
2 person crew - Replace 24 inch Ring & Grate, then Re-Mud to Cone Section
Hourly Crew
Rate
Each additional person - Replace 24 inch Ring & Grate, then Re-Mud to Cone Section
Per Hour, Per
Person
2 person crew - Miscellaneous Drywell Services not Identified Above
Hourly Crew
Rate
Each additional person - Miscellaneous Drywell Services not Identified Above
Per Hour, Per
Person
After Hours Labor Rate
Per hour, per
person
Transporting and Disposal of Silt/Debris to a City Designated Location - typically 6600 S. Price Rd,
Hourly
Tempe, AZ 85283.
Total of Drywcll Services
Catalog - Charges for replacement parts
Discount off of Catelog List Price (list catalog websites in the space below):
0%
Cost Plus • Charges for replacement parts
Cost plus percentage of cost (audits of invoices may be requested by the City, demonstrating the actual
15%
lorice oaid.)
Please ensure that all submittals have been included with proposal as referenced on the Checklist located in the RFP.
• Applicable Tax __ O_ %
* State correct jurisdiction to receive sales tax on the Vendor's Offer form, included in this Request for
Proposal.
Less prompt payments discount terms of_2_ % JO_ days/ or net thirty (30) days. (To apply after receipt and
acceptance of an itemized monthly statement.) For evaluation purposes, the City cannot utilize pricing discounts
based upon payments being made in less than thirty (30) days from receipt of statement.
$160.00
$35.00
$160.00
$35.00
$45.00
$175.00
$550.00
roposal Questionnaire
"Return this Section with your Response"
Questionnaire responses and supporting documentation provided will be used to evaluate the proposal. In order to evaluate
an Offeror's overall experience and competence to perform the Scope of Work described herein, the City may rely on
additional resources beyond the information provided.
Please note that as used in this Questionnaire, "Your'' refers to Bidder's company. Please respond to all questions in an
orderly manner. The answers will be used during the evaluation process.
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
27 I Page
A.
B.
c.
D.
Proposal Questionnaire
"Return this Section with your Response"
Minimum Requirements
Does your company have a vacuum combination truck to include 10 cubic yard debris tank.
Yes LJ No □
Jet pump rated at 2,000 PSI. On-board 1 ,000 gallon capacity water tank. Extendable boom
feature. Vacuum system.
1
11 not, provide explanation:
Does your company have a service truck to include all equipment necessary and required to
support vacuum truck including: ladder(s), gas detector(s), oxygen/gas/chemical air monitor,
traffic cones, , flexible hose for pumps, assorted nozzles to complete various pipe cleaning
services, complete tool kit, hose mending equipment, concrete repair tools.
I
"not, provide explanation:
Yes
Does your company have Various sized portable water pumps capable of dewatering Yes ITT No 17
stormwater structures or standing water?
LJ
L
I
"not, provide explanation:
Does your company agree to be responsible for all fluids that leak/spill from its
owned/leased/rented equipment and vehicles? Leaks/spills not properly contained and/or
captured to the satisfaction of City will be addressed by a reduction in the amount of payment
equal to the cost incurred to remediate the leaks/spills.
1
11 not, provide explanation:
Company's Experience and Expertise
Yes
1.
Which service is your company providing an offer on?
a.
Stormwater Infrastructure Cleaning, Maintenance, and Repair Services (other than drywell Yes LJ No
LJ
maintenance). Infrastructure to include, but not limited to, catch basins, slotted drains, scupper
drains, culverts, ditches, pumping stations, and stormwater pipes.
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
28 I Page
I
PRICE SHEET
Stormwater Infrastructure and Drywell Cleaning, Maintenance and Repair Services
RFP 20-028
COMPANY NAME_StormWater Pros, LLC. __________ _
ITEM#
DESCRIPTION
UNIT
UNIT PRICE
All rates below shall be inclusive of all necessary labor, supervision, mobilization, equipment, operators, tools, fuel, incidental materials, permits, registration,
disposal, forms, insurance, taxes, and all other items incidental which are necessary to perform the work. No travel time to or from jobsite will be paid, except
to fill empty to dispose of debris at a designated location in Tempe.
Group A
Stormwater Infrastructure Cleaning Service (other than drywell).
1.0
Inspection - at a location in the City of Tempe
Per Each
$150.00
2 person crew - Stormwater Infrastructure Cleaning Service (other than drywell maintenance).
Hourly Crew
2.0
Infrastructure to include, but not limited to, catch basins, slotted drains, scupper drains, culverts,
$] 75.00
ditches, pumpin_g stations, and stormwater pioe.
Rate
Each additional person - Stormwater Infrastructure Cleaning Service ( other than drywell
Per Hour, Per
2.1
maintenance). Infrastructure to include, but not limited to, catch basins, slotted drains, scupper drains,
$35.00
culverts, ditches, pumpin_g stations, and stormwater oioe.
Person
3.0
2 person crew - Miscellaneous Stormwater Infrastructure Repair Not Identified in Line Item 1 above,
Hourly Crew
$160.00
or Drvwell Services below.
Rate
3.1
Each additional person - Miscellaneous Stormwater Infrastructure Repair Not Identified in Line Item
Per Hour, Per
$35.00
1 above, or Drvwell Services below.
Person
4.0
After Hours Labor Rate
Per hour, per
oerson
$45.00
5.0
Transporting and Disposal of Silt/Debris to a City Designated Location - typically 6600 S. Price Rd,
Hourly
$175.00
Tempe, AZ 85283.
6.0
Stormwater Pipe Cleaning
Per foot
$7.50
Total of Stormwater Services
$632.50
Group B
DRYWELL Cleaning and Maintenance
1.0
Drywell Inspection - at a location in the City of Tempe
Per Each
$10.00
2.0
2 person crew • Drywell Cleaning and Maintenance
Hourly Crew
$175.00
Rate
2.1
Each additional person - Drywcll Cleaning and Maintenance
Per Hour, Per
$35.00
Person
3.0
2 person crew - Drywell Screen or Filter Installation
Hourly Crew
$160.00
Rate
3.1
Each additional person - Drywell Screen or Filter Installation
Per Hour, Per
$35.00
Person
4.0
2 person crew - Re-Mud Ring and Grate to Cone Section of Drywell Chamber
Hourly Crew
$160.00
Rate
4.1
Each additional person - Re-Mud Ring and Grate to Cone Section of Drywell Chamber
Per Hour, Per
$35.00
Person
5.0
2 person crew - Raise Rim Elevation of Grade up to 6 inches, then Re-Mud to Cone Section
Hourly Crew
$160.00
Rate
5.1
6.0
6.1
7.0
7.1
8.0
9.0
Group C
Group D
Each additional person - Raise Rim Elevation of Grade up to 6 inches, then Re-Mud to Cone Section
Per Hour, Per
Person
2 person crew - Replace 24 inch Ring & Grate, then Re-Mud to Cone Section
Hourly Crew
Rate
Each additional person - Replace 24 inch Ring & Grate, then Re-Mud to Cone Section
Per Hour, Per
Person
2 person crew - Miscellaneous Drywell Services not Identified Above
Hourly Crew
Rate
Each additional person - Miscellaneous Drywell Services not Identified Above
Per Hour, Per
Person
After Hours Labor Rate
Per hour, per
oerson
Transporting and Disposal of Silt/Debris to a City Designated Location - typically 6600 S. Price Rd,
Hourly
Temoe, AZ 85283.
Total of Drywell Services
-
Catalog • Charges for replacement parts
Discount off of Catelog List Price (list catalog websites in the space below):
0%
-
-
Cost Plus - Charges for replacement parts
Cost plus percentage of cost (audits of invoices may be requested by the City, demonstrating the actual
15%
mice naid.)
Please ensure that all submittals have been included with proposal as referenced on the Checklist located in the RFP .
• Applicable Tax __ o_ %
• State correct jurisdiction to receive sales tax on the Vendor's Offer form, included in this Request for
Proposal.
Less prompt payments discount terms of_ 2 _ % 10_ days/ or net thirty (30) days. (To apply after receipt and
acceptance of an itemized monthly statement.) For evaluation purposes, the City cannot utilize pricing discounts
based upon payments being made in less than thirty (30) days from receipt of statement.
$35.00
$160 ,.-
$35.00
$160.00
$35.00
$45.00
$175.00
$550.00
roposal Questionnaire
b.
"Return this Section with your Response"
Drywell Cleaning, Maintenance, and Repair SeNices
Yes tNo □
2.
Can your company provide all of the following seNices:
(a ) Stormwater Infrastructure and (b ) Drywells
•
(a & b) Operate a high-volume vacuum.
•
(b) Remove and replace filter material and hydro jet drywells.
•
(a & b) Remove silt/debris from drywells, bubbler boxes (drywell pre-treatment), catch basins, storm water
mains, culverts, ditches and other portions of the municipal separate storm sewer system ("MS4") as needed.
•
(a) Remove standing water and debris from storm water pumping stations.
•
(a) Remove silt/debris from box culverts.
•
(a) Remove silt/debris from drain pipes under roadways.
•
(a & b) Portable pumps to remove standing stormwater water.
•
(a & b) Re-secure stormwater infrastructure lids/grates after storm events and cleaning events.
•
(b) Conduct drywell maintenance and repairs.
Response:
Yes, we provide all of the above seNices (a) Stormwater Infrastructure and (b} Drywell maintenance for 10 years. We
are one of the premier drywell installers in the State of AZ..
3.
What is the complete street address of your office from which this City of Tempe contract will be administered? Please
note that the City does require at least one complete street address.
Response:
916 E. Impala Ave., Suite 101, Mesa, AZ.. 85204
4.
What is the address from which invoices will be sent from, and payments should be sent to?
Response:
916 E. Impala Ave., Suite 101, Mesa, AZ.. 85204
5.
Who is your assigned Contract Manager/Project Manager to the City of Tempe?
Name:
Cindy Johnson/Project Manager of HVAC/CCTV Operations
Phone:
480-926-1003
Cellular Phone:
480-577-8491
E-mail Address:
cindy@stormwaterprosllc.com
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
29 I Page
I
Proposal Questionnaire
"Return this Section with your Response"
6.
Describe your company's (and subcontractor's) experience, expertise, and qualifications in performing the services your
company is bidding on:
6a.
•
Storm Infrastructure Cleaning, Maintenance, and Repair Services (other than drywell maintenance).
Infrastructure to include, but not limited to, catch basins, slotted drains, scupper drains, culverts, ditches,
pumping stations, and stormwater pipe.
Response:
StormWater Pros has been conducting storm infrastructure cleaning, maintenance and repair services for 1 O years in
the State of Arizona. StormWater Pros has had multi-year contracts for these specific services with the City of
Scottsdale, City of Tempe, City of Goodyear, City of Avondale, City of Casa Grande as well as Mesa Public School
District, Casa Grande School District, Maricopa Community Colleges and Maricopa County. StormWater Pros was a
sub-contractor on an ADOT project cleaning culverts along the 1-10 and 1-8 from Phoenix to California. Lastly,
StormWater Pros has also maintenanced storm drain structures for thousands of properties for private owners in the
State of Arizona.
6b.
•
Drywell Cleaning, Maintenance, and Repair Services
Response:
Storm Water Pros has been conducting drywell cleaning, maintenance and repair services for 10 years in the State of
Arizona. StormWater Pros has had multi-year contracts for these specific services with the City of Scottsdale, City of
Tempe, City of Goodyear, City of Avondale, City of Casa Grande as well as Mesa Public School District, Casa Grande
School District, Maricopa Community Colleges and Maricopa County. StormWater Pros was a sub-contractor on 2-
ADOT project cleaning culverts along the 1-10 and 1-8 from Phoenix to California. StormWater Pros is a drywell install
and installs hundreds of drywells in the Phoenix area each year. SWP has the trained personnel and know how to
properly repair and maintenance drywells according to manufacture recommendations and guidelines. Lastly,
StormWater Pros has also maintenanced storm drain structures for thousands of properties for private owners in the
State of AZ.
7.
Provide information on any subcontractor your company will use to perform services under the scope of this RFP, and
include two (2) references for each.
8.
Response:
StormWater Pros does not use any subcontractors and we have all the personnel and equipment to perform the scope
of work.
Does your company have all required Federal, State, and local certifications, licenses, and Yes fx7 No □
permits required for the operation of the business conducted by the Contractor?
LJ
I
If not, provide explanation:
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
30 I Page
Proposal Questionnaire
"Return this Section with your Response"
9.
Are all certifications, licenses and permits current?
Yes[ No □
I
If not, provide explanation:
1 O.
What certifications, licenses, and permits do you currently have?
11.
12.
13.
Response:
AOC #269340, Dust Control #SC1100382, ADOT #2352481, Professional Engineering license #43834
Will your company perform all work for this contract in conformance with all OSHA, Federal,
Yes fx7 No □
State, County, and City safety requirements?
LJ
I
If not, provide explanation:
Does your company have the minimum equipment required to perform the services in this Yes fx7 No □
RFP?
LJ
I
If not, provide explanation:
Will your company provide all required reports as indicated in this RFP?
If yes, provide samples that meet the City's reporting requirements provided in the Scope of
Work. See the Checklist provided later in this RFP for more instructions.
I
If not, provide explanation:
Yes
14.
Provide all of the warranties and guarantees your company offers for the services listed in this RFP? A response of
"see attached" is not acceptable. Firms must explain their warranties/guarantees below, however may also include the
written terms under Tab 7 in submittal.
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
31 I Page
,
Proposal Questionnaire
"Return this Section with your Response"
Response:
Standard cleaning services do not include a cleaning warranty due to the fact that systems repeatedly get dirty.
However, StormWater Pros does warranty stormwater infrastructure repair services and drywell repair services. Our
standard warranty is a 5-year warranty on workmanship.
15.
Has your company ever defaulted on a similar type of contract?
1
11 yes, provide explanation:
16.
Do you agree to the Terms and Conditions, Scope of Work and Specifications of this RFP?
_X_Yes
No.
Yes □No
n
If No, provide the term below, redlining to modify and an explanation why. NOTE: Taking exception to any term in this
RFP may cause the Proposal to be considered nonresponsive and rejected.
I
Response:
17.
If awarded, will your company allow other government agencies to utilize this contract?
1
11 not, provide explanation:
Yeso No □
18.
List two (2) customer references for which your firm has performed the services requested in this RFP (government and/or
large business preferred).
18.1
Reference One: Name of Firm:
City of Avondale
Contact Person:
Hether Krause
Contact Person Email
hkrause@avondaleaz.gov
Telephone Number:
623.333.4220
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
32 I Page
roposal Questionnaire
"Return this Section with your Response"
Services Provided
Maintenance for complete storm infrastructure for the City of Avondale.
Annual storm
infrastructure inspections to evaluate work needed.
18.2
Reference Two:
Name of Firm:
CCMC Property Management
Contact Person:
Cheryl Miller
Contact Person's Email
cmiller@ccmcnet.com
Telephone Number:
480-892-2267
Services Provided
Initial inspection and evaluation of several hundred drywalls. Cleaning, maintenance and
repairs of all community drywalls. Inspection and work needed is performed annually for the
past five years.
19.
Do you have an Arizona Transaction Privilege Tax License to collect Arizona sales tax?
I
Response:
Yes - 20611468
20.
If selected, will your company provide invoices in electronic format?
I
Response:
Yes
21.
If yes, can these documents be modified to a specific City of Tempe electronic format?
I
Response:
Yes
22.
Provide a copy of the Permit Required Confined Space Program as specified under 29 CFR 1910.146. Include under tab
7 in your proposal as instructed on the Checklist in this document. Offeror's Confined Space Program will be evaluated
by the City's Risk Manager or designee.
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
33 I Page
'
Proposal Questionnaire
"Return this Section with your Response"
23.
Provide any additional information that may be of interest to the City regarding your company and the services that y<
offer.
Response:
StormWater Pros is owned and managed by Professional Engineers in the State of Arizona. All inspections and system
evaluations are performed by a licensed Professional Engineer. Due to our Engineering knowledge StormWater Pros is
well versed in all types of stormwater structures, especially drywalls, and have all the knowledge that these structures are
cared for properly. Since StormWater Pros installs hundreds of drywalls each year our knowledge of drywell functionality
is second to none. StormWater Pros has a trademarked drywell product named the Purewell.
Personnel's Experience and Expertise
1.
List designated Project Manager who will be responsible for managing all work provided by any resulting contract.
(This individual shall be considered "Key Personnel.") Please submit resume with response (see Checklist for further
details, located in this RFP document).
Contract Manager Name:
Juan Fletes/Director of HVAC/CCTV Operations
Phone Number:
480-926-1 003
Cell Phone Number:
602-463-4050
E-mail address:
juan@stormwaterprosllc.com
2.
List the project team to work on the City's contract (if currently known), and provide a resume or short bio for each
person (see Checklist for further details, located in this RFP document).
I
Response:
Tab 7 in submlttal
3.
List the personnel and the number of years of experience they have under each category below
3a.
Storm Infrastructure Cleaning, Maintenance, and Repair Services (other than drywell maintenance). Infrastructure to
include, but not limited to, catch basins, slotted drains, scupper drains, culverts, ditches, pumping stations, and
stormwater pipe:
I
Response:
Tab 7 in submlttal
RFP20-028 Storm water Infrastructure and Drywell Cleaning, Maintenance, and Repair
34 I Page
'
Proposal Questionnaire
"Return this Section with your Response"
3b.
Drywell Cleaning, Maintenance, and Repair Services:
I
Response:
Tab 7 in submrttal
4.
Provide any additional information that may be of interest to the City regarding your personnel.
Response:
All inspections and system evaluations are performed by a licensed Professional Engineer. Many of our operators have
been in this line of work for over 10 years.
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
35 I Page
.
' ,,
Evaluation Criteria
Proposals will be reviewed by an Evaluation Committee consisting of City staff using the criteria and process outlined below.
Evaluation Process
1.
The Procurement Office will verify that all proposals meet the requirements to be considered responsive.
Responses that do not comply with any mandatory or minimum requirements will be considered non-susceptible
for award and not forwarded to the Evaluation Committee for scoring.
2.
The Evaluation Committee will review and score all responsive proposals and rate them based on the committee's
scores. Any proposals determined to score outside of the competitive range may be removed for non-susceptibility.
Remaining Offerors may be invited for interviews, negotiations, site visits, demonstrations, and best and final offers
as determined at the sole discretion of the City.
It is important to note that firms may be removed for non-susceptibility anytime during the evaluation process and not just
at the specific points noted above.
The table below provides the evaluation criteria to be used in evaluating the offers. The award criteria align with the
questionnaire and will include the evaluation of responses to each of the criteria. This table is for informational purposes
only and will be used by the City's evaluation committee to determine contract award.
tt1r FOR CITY USE ONLY
Mandatory Requirements
Pass
Fail
Evaluation Criteria
Weight
X
Rating
=
Points
1.
Price
40%
=
2.
Company's Experience and Expertise
•
Experience
•
References
•
Warranties
•
Compliance with Terms and Conditions
35%
X
=
3.
Personnel's Experience and Expertise
•
Experience and Qualifications
25%
X
=
-
Sub Total
100%
--
4.
Demonstration of Services or interviews (if the City determines
200 Points
X
=
this is needed)
Possible
Final Total Points
1,200 Points
--
Possible
-
RFP20·028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
36 I Page
Evaluation Criteria
This proposal will be evaluated on a cumulative point system using the rating scale shown below (fractional points may be
selected within this range).
Scoring
Outstanding
Good
Average
Poor or Unacceptable
9 to 10
7 to 8
4 to 6
Oto 3
To evaluate the price portion of the above criteria, the City may elect to evaluate each company on a percentage basis of
the lowest cost Offer. The formula would be: (Lowest Priced Offer/Evaluated Offeror's Price) X Points Possible = Evaluation
Points.
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
37 I Page
Pricing Section
Provide pricing on the Excel document attached to this RFP.
* Applicable Tax _o_ %
* State correct jurisdiction to receive sales tax on the Vendor's Offer, included in this Request for Proposal.
Less prompt payments discount terms of _2_ % _J_Q_ days/ or net thirty (30) days. (To apply after receipt and acceptance
of an itemized monthly statement.) For evaluation purposes, the City cannot utilize pricing discounts based upon payments
being made in less than thirty (30) days from receipt of statement.
Ordering and Invoice Instructions
Invoices shall be issued directly to the ordering department.
Invoices shall be accurate and complete including the
information shown below. Failure to provide a properly documented invoice may cause a delay in receipt of payment. The
City will not process an invoice for payment until it has been approved by the ordering department and forwarded to Accounts
Payable. The City endeavors to process invoices within 30 days after receipt of an accurate and complete document.
Invoices shall include:
1.
Line item listing of all ordered items to include description of items;
2.
Unit cost and extended cost for each line item;
3.
Applicable Tax;
4.
Payment Terms;
5.
Purchase Order Number;
6.
Name of selling organization clearly stated on invoice along with address;
7.
Phone number and or e-mail address for contact person to clarify invoicing questions;
Invoices that do not follow the above minimum invoicing requirements will not be paid. Payment must be applied to only
invoices referenced on check/payment stub. The City reserves the right to process payments via check or P-Card.
Accounting Contacts:
Yesenia Loredo-Flores
Ramona Zapien
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
Letters A -H and Numbers
Letters 1-Z
38 I Page
Questionnaire - Company's Experience and Expertise
13. Reporting
1.
Inspection Report
a.
item/site
b.
asset ID number
2.
Clean Report
a.
date of service,
b.
type of structure,
c.
service completed
d.
approximate volume of debris removed from each site
3.
Invoice
a.
line item costs associated with each asset serviced
b.
work performed
c.
price
0919-06 Inspection Report - Desert Sky Esplanade
-4
§tannWater
Pru•.LLC
System I
I
.
J Depth To · · ! Pipit": 'T''•·, Screen/Rack I
. .
1 ·
No.
Structure Type
Structure Size Info Debris
I Condition . Condition
I Descnplton of Work Needed
Comments
e •-••---
1
Catch Basin
30"x40"
4'-6"
N/A
N/A
None
Some Dirt and Trash
2
Catch Basin
30"x40"
2'-10"
N/A
N/A
None
Some Dirt
3
Catch Basin
30"x40"
3'-0"
N/A
N/A
Hydrovac Clean
Dirt, Leaves and Trash
4
Catch Basin
30"x40"
2'-2"
N/A
N/A
None
Some Dirt
5
Drywell Interceptor 24"
--
Ok
Ok
Hydrovac Clean
Standing Water and Trash
6
Catch Basin
30"x40"
2'-0"
N/A
N/A
None
Dirt and Trash
7
Bubbler
30"x40"
1'-5"
N/A
N/A
Hydrovac Clean
Dirt and Trash
8
Bubbler
30"x40"
1'-10"
N/A
N/A
Hydrovac Clean
Dirt and Trash
11
Catch Basin
3-30"x40"
4'-4"
N/A
N/A
None
Clear, Some Dirt
17
Drywell Interceptor 24"
25'-0"
Ok
Ok
None
Dirt and Some Trash
18
Underground Tank 32"
N/A
N/A
N/A
None
Ok
19
Underground Tank 32"
N/A
N/A
N/A
None
Ok
Hydrovac Clean - Install Reinforcing
Leaning
Bracket on Standpipe and Replace
31
Drywell
24"
16'-1"
Standpipe Damaged
Damaged or Missing Debris Screen
Dirt
32
Drywell
24"
16'-3"
Ok
Ok
Hydrovac Clean
Dirt
33
Drywell
24"
17'-1"
Ok
Ok
Hydrovac Clean
Dirt
Replace Damaged or Missing Debris
34
Drywall
24"
16'-9"
Ok
Damaged
Screen
Rocks
35
Drywell
24"
18'-10"
Ok
Ok
None
Gravel
<10%
36
Headwall
36"
N/A
Clogged
N/A
None
Some Dirt
37
Drywell
24"
17'-0"
Ok
Ok
None
Gravel and Some Trash
Leaning
Hydrovac Clean - Install Reinforcing
38
Drywell
24"
17'-10"
Standpipe Ok
Bracket
Dirt
39
Drywell
24"
18'-1"
Ok
Ok
Repair Sink Hole
Dirt - Sink Hole
Exported on October 14, 2019 11 :47:50 AM PDT
Page 1 of 1
Site Clean
port For (Job Name/Job Number) - Desert Sky Es
0919-06
Performed By (Crew): f ony £. Parker (HV5)
Date Performed:
November 7th 2 0 1 9
Structure
No.
3
5
7
8
Catch
Basin
Orywell
Bubbler
Basin
Bubbler
Basin
3 Ft
4ft
8ft
16.3 ft
1. 5 ft
3 ft
2. 1 ft
4. 2 ft
Screen
Conditon
&ood
&ood
&ood
&ood
0nade
e
§tarnr-.Water
Pros,, LLC
Comments
Hydrovac cleaned and
vacuumed removing
about a foot of trash
and debris.
Hydrovac cleaned and
vacuumed all trash.
Continuous water flow
from lateral pipes.
Removed all trash,
weeds and other debris.
Hydrovac cleaned and
vacuumed.
Hydrovac cleaned and
vacuumed removing
about a foot of debris.
Structure
No.
31
32
33
34
38
l)rywell I
16 ft
I 16. 6 ft
l)rywell I 16. 3 ft I 16. 9 ft
Drywell
l)rywell
l)rywell
1 7 ft
I 1 7. 6 ft
11 ft
I 11. 2 ft
Screen
Conditon
NEW
Good
Good
NEW
Good
Comments
Installed a new debris
screen and bracket.
Hydrovac cleaned
and vacuumed.
Hydrovac cleaned and
vacuumed removing
all debris.
Pulled about half a
foot of debrisl
hydrovac cleaned and
vacuumed.
Replaced old debris
screen with a new one.
Installed a new bracket
hydrovac cleaned and
vacuumed.
Storm Water Pros, LLC
Confined Space Program
Pursuant to 29 CFR 1910.146
Revision Date: March 2013
Contents
The written program
■
Company policy and responsibilities
■
Confined space and permit-space identification
■
Procedures for entering a permit space
■
Alternate procedure for entering a permit space
■
Completing the entry permit
■
Duties of entrants, attendants, and entry supervisors
■
Training employees
■
Employee training record
■
Rescue and emergency services
■
Annual program review
Company policy and responsibilities
Company policy
Storm Water Pros, LLC is committed to a safe, healthful workplace for its employees. The
purpose of this written program is to identify all confined spaces at this workplace and ensure that
all authorized employees will enter, work in, and exit the spaces safely. Storm Water Pros, LLC
will inform all affected employees when there are changes to this written program.
Storm Water Pros, LLC will do the following to ensure the health and safety of those who work in
and around permit spaces:
■
Evaluate each confined space to determine if it has the characteristics of a permit space.
■
Inform all employees of the location and the hazards in each confined space.
■
Prevent unauthorized persons from entering a permit space.
■
Train authorized entrants, attendants, and entry supervisors so that they have the skills
necessary to fulfill their duties.
■
Provide all necessary equipment for permit-space work at no cost to employees, maintain the
equipment, and ensure that employees use the equipment properly.
■
Inform contractors about the permit-space program and coordinate entry operations.
Responsibilities for managing the program
Storm Water Pros, LLC designates the following persons to manage the permit-space program:
Person's name or position
Amaron Merrill
Management/Operators
Amaron Merrill
Amaron Merrill
Management/Operators
Person's responsibility
Managing the overall program. Overall implementation and
maintenance of the written program, including employee
certification or training that satisfies the requirements of 1910.146.
Identifying permit-space locations. Location and identification of
all permit spaces at this workplace.
Training affected employees. Ensure that authorized entrants,
attendants, entry supervisors, and on-site emergency responders are
properly trained and have periodic refresher training.
Planning for emergencies. Ensure that emergency responders are
informed of all permit-required confined spaces at the workplace
and have access to the spaces for drills and other training exercises.
Equipment. Ensure that all equipment for authorized attendants
and entrants is properly maintained and is available when needed.
Page 1 of 14
Written program for permit spaces
Confined space and permit space identification
Management and Operators have identified and evaluated all enclosures that have the
characteristics of confined spaces and permit spaces as shown below.
Description and location of space
Type of space (check one)
Drywells
Confined space
X
Permit space □
Catch Basins
Confined space
X
Permit space □
Culverts
Confined space
X
Permit space □
Confined space □
Permit space □
Confined space □
Permit space □
Sewer Manholes
Confined space □
Permit space
X
Envibro Systems
Confined space □
Permit space
X
Underground Storage Tanks
Confined space □
Permit space
X
Confined space □
Permit space □
Confined space □
Permit space □
Page 2 of 14
Written program for permit spaces
Procedures for entering a permit space
If contract only workers will enter the space
Storm Water Pros, LLC will perfonn their own work and will not sub out any contract work for
the spaces (confined and pennit required) identified in this program.
If and when contract workers will enter the permit space, Stenn Water Pros, LLC will infonn the
contractor about all hazards in the space, the permit-space program, and company safety rules.
Management will review and discuss each contracted job with the contractor before the work
begins. Storm Water Pros, LLC will inform contract workers about the permit-space program that
the contractor will follow. If the contractor's permit-space program is less effective than the
company's program, the contractor will follow the company's program.
If contract workers and company employees will enter the space
Amaron Merrill will coordinate entry operations with the contractor so that contract workers and
company employees work together, following this company's permit space-program.
If company employees only will enter the space
1. Pre-entry procedure
Task
■
Obtain an entry permit.
■
Specify the acceptable conditions for entering the permit space. Entry into a pennit space is
prohibited until the atmosphere has been tested from outside the space. Tests must include
those for oxygen content,flammability, and toxic gasses, in that order. The percentage of
oxygen for entry must not be less than 19.5 percent or more than 23.5 percent at normal
atmospheric pressure. If the percentage of oxygen falls below 19.5 percent, entrants must
use appropriate air-supplying respirators. The atmosphere in the space must be checked at
least every hour or continuously monitored.
■
Provide authorized entrants with the opportunity to observe any monitoring or testing of
the space.
■
Isolate the permit space from sources of hazardous energy. Disconnect hazardous
equipment from the sources of hazardous energy, whenever possible. All chemical and
steam pipes, treating agents, and lines must be blanked or removed. Electrical isolation
must be accomplished by locking out circuit breakers or disconnects in the off position
with a key-type lock. The key must remain with the authorized entrant. If more than one
person enters the space, a group lockout procedure is allowed.
Page 3 of 14
Written program for permit spaces
Task
■
Purge, inert, flush, or ventilate the space to eliminate or control atmospheric hazards. Initial
testing of the atmosphere must be performed from outside the space. Continuous
ventilation must be maintained in the space, when possible.
■
Ensure that entrants have the equipment they need to do their jobs (including rescue
equipment) and they know how to use the equipment.
■
Set up barriers, if necessary, to protect entrants from external hazards.
■
Post a warning at the entrance to the space that says: WARNING, PERMIT-REQUIRED
CONFINED SPACE. ENTRY BY PERMIT ONLY. If special equipment is required for
entry, the appropriate information may be included on the signs; for example:
RESPIRATOR REQUIRED FOR ENTRY or LIFELINE REQUIRED FOR ENTRY.
■
Verify that conditions in the space are safe for the duration of entry.
■
Complete and sign the entry permit to authorize entry into the permit space.
■
Display the completed ent1y pennit at the time of entry so that authorized entrants can
confirm that pre-entry preparations have been completed.
2. Conditions during entry
■
All electrical equipment in the space must be properly grounded.
■
The space must have adequate illumination.
■
All unauthorized persons must be kept away from the space.
■
Welding and burning equipment other than torches and hoses must not be taken into the
space. Gas cylinders or welding machines must remain outside the space. They must be
blocked if they are on wheels. All welding equipment must have quick shut-offs that are
under control of the attendant. When gas welding or cutting is suspended, the gas supply must
be cut off at the cylinder and the torch removed from the confined space.
■
The attendant must know how to shut down welding and burning equipment when entrants
perform hot work.
■
If entrants need.a ladder to enter a permit space, the ladder must be secure and must not be
removed when they are in the space.
■
Entrants must leave the permit space immediately when any of the following occurs:
1. An order to evacuate is given by the attendant or entry supervisor.
2. An entrant recognizes any warning sign or symptom of exposure.
3. An evacuation alarm is activated.
4. An entrant is unable to communicate with the attendant.
■
An attendant immediately outside the space must monitor authorized entrants. The attendant
must have a means of continuous communication with entrants.
■
If entrants are injured or become ill, the attendant must contact the entry supervisor.
Page 4 of 14
Written program for permit spaces
3. Procedure following entry
■
The entry supervisor will terminate entry and cancel the entry permit when entry operations
have been completed or an emergency occurs in or near the space.
■
Storm Water Pros, LLC will retain each canceled entry permit for at least one year to evaluate
the permit-space program.
Page 5 of 14
Written program for permit spaces
Alternate procedure for entering a permit space
If the space has only an actual or potential atmospheric hazard that can be controlled by
forced-air ventilation, employees can enter the space if they follow this procedure:
■
Ensure that the space has only an actual or potential atmospheric hazard that can be
controlled by forced-air ventilation sufficient to keep the space safe before employees enter
and while they are in the space.
■
Have monitoring and inspection data that show forced-air ventilation will keep the space safe
during entry. Entrants must have the opportunity to review the data before they enter the
space. Entry into a permit space is prohibited until the atmosphere has been tested from
outside the space. Monitoring and inspection data must include oxygen content,jlammability,
and toxic gasses, in that order. The percentage of oxygen for entry must not be less than 19 .5
percent nor more than 23.5 percent at normal atmospheric pressure.
■
Ensure that any condition in the space that makes it unsafe to remove the entrance cover is
eliminated before the cover is removed.
■
Set up barriers, if necessary, to protect entrants from external hazards.
■
Periodically test the atmosphere in the space to ensure it is not hazardous. If entrants
encounter a hazardous atmosphere, they must exit immediately.
■
Ensure that the space has no actual or potential atmospheric hazards. The space cannot be
reclassified if actual or potential atmospheric hazards exist.
■
Ensure that all other hazards in the space are eliminated before employees enter.
■
Follow the written program and obtain an entry pem1it if it is necessary to enter the space to
eliminate hazards or to test the space for atmospheric hazards.
■
Document how all hazards in the space were eliminated.
Page 6 of 14
Written program for permit spaces
Completing the entry permit
Before employees enter a permit space, the entry supervisor must complete and sign an entry
permit that verifies the permit space is safe for employees to enter. The entry permit must be
posted at the permit-space entry and include the following information:
■
Location of the permit space.
■
Purpose of entry.
■
Entry date and the time employees will enter.
■
Authorized entrants' names.
■
Authorized attendants' names.
■
Entry supervisor's name and signature.
■
Hazards in the space.
■
How hazards will be controlled so that the space is safe to enter.
■
Acceptable entry conditions.
■
Testing data and testers' initials that certify the space is safe to enter.
■
Names of emergency responders and instructions for contacting them.
■
Communication procedures used by entrants and attendants.
■
A list of all equipment, including PPE, necessary to ensure entrants' safety.
■
A description of any other permits that entrants need to work in the space.
The procedure for completing an entry permit
■
Obtain an entry permit before employees enter the space.
■
Accomplish all pre-permit activities required for entering the space.
■
Complete all items on the entry permit.
■
Sign the permit. If any item on the permit is checked as "NO" (meaning not yet completed or
available), the permit must not be signed.
■
Attach a copy of the entry permit outside the confined space. Keep it there until the entry
operations are finished and the entry supervisor cancels it.
Page 7 of 14
Written program for permit spaces
Duties of entrants, attendants, and entry supervisors
Authorized entrants, attendants, and entry supervisors have the following duties and
responsibilities:
Duty/responsibility
Keep unauthorized entrants away from the space.
Remove unauthorized individuals who enter or who attempt
to enter the permit space.
Communicate with entrants, monitor their status, and tell
them when to evacuate.
Inform the entrants and the entry supervisor if unauthorized
persons enter the permit space.
Communicate with the attendant regularly.
Remain outside the space during entry operations until
relieved by another attendant.
Know the number and identity of authorized entrants.
Use all equipment properly.
Determine that acceptable entry conditions are maintained.
Exit from the permit space immediately upon an order to
evacuate, an alarm warning, or a sign of a hazardous
condition.
Know permit-space hazards, including the mode, symptoms,
and consequences of exposure.
Notify the attendant of any signs or symptoms of exposure to
a hazardous condition
Tenninate the entry and cancel the permit when entry
operations are finished or if a prohibited condition arises.
Verify that entry conditions are acceptable before signing the
permit and allowing entry.
Perform non-entry rescues if necessary.
Verify that rescue services are available and the means for
summoning them are effective.
Summon emergency responders when entrants need their
services.
Entrant
X
X
X
X
X
Attendant
Supervisor
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Page 8 of 14
Written program for permit spaces
Training employees
Storm Water Pros, LLC will train all authorized entrants, attendants, and entry supervisors so that
they have the understanding, knowledge, and skills necessary to perform their jobs.
Training will be provided in the following manner:
■
Before the employee is first assigned duties.
■
Before there is a change in the employee's assigned duties.
■
When there is a change in permit-space operations that presents a hazard for which the
employee has not been trained.
■
When the employee does not follow entry procedures.
Provide awareness training to all employees who work in areas where permit spaces are
present.
Repeat awareness training when there is a change in the written program and when there are new
or previously unidentified permit spaces.
Awareness training must explain:
•
The written permit-space program
•
How to recognize a permit space
•
How entry is authorized by the entry permit
•
How entry is authorized by the alternate entry procedures (if used)
Storm Water Pros, LLC will certify that employees have been trained by recording each
employee's name, the type of training, the trainer's signature, and the training date. The record
will be available for inspection by employees and their authorized representatives.
Page 9 of 14
Written program for permit spaces
Employee training record
Employee name
Type of training
Amaron Merrill
Confined Space
William Scalf
Confined Space
Cesar Cuen
Confined Space
Daniel Napier
Confined Space
Brig Christensen
Confined Space
Trainer's signature
Training date
Toni DiDomenico
3-28-13
Toni DiDomenico
3-28-13
Toni DiDomenico
3-28-13
Toni DiDomenico
3-28-13
Toni DiDomenico
3-28-13
Page 10 of 14
Written program for permit spaces
Rescue and emergency services
[Note to employers: Before you authorize workers to enter a permit space, you must be sure that
experienced emergency responders will be available if an entrant needs help. You can choose
either an off-site service to respond to permit-space emergencies or you can designate properly
equipped and trained on-site employees. What's most important is that the responder meets your
needs in an emergency.]
Non-entry rescue
Non-entry rescue is the preferred method for rescuing an entrant from a permit space. A retrieval
system must be available to retrieve entrants from vertical pennit spaces that are more than five
feet deep. The retrieval system must be used to rescue an entrant unless the equipment would
increase the entrant's risk of injury. Each authorized entrant must use a properly attached chest
harness or full-body harness. Entrants may use wristlets if chest or full-body harnesses put them
at a greater risk of injury in an emergency. The other end of the retrieval line must be attached to
a retrieval system outside the permit space so that rescue can begin immediately.
If an entrant could be exposed to a substance for which a material safety data sheet (MSDS) is
required to be kept, that MSDS must be made available to the medical facility that treats the
entrant.
On-site rescue and emergency services
Employees will not enter a permit space to respond to an emergency unless they have been
properly trained and equipped. If a permit-space rescue is necessary, the attendant is responsible
for doing the following:
•
Summoning emergency responders.
•
Attempting to rescue entrants using only non-entry rescue equipment.
•
Monitoring the emergency and infom1ing responders about the number of victims, their
condition, and the hazards in the space.
Only properly equipped, trained employees are permitted to enter a permit space during an
emergency. Each employee who will enter a permit space in an emergency must do the following:
•
Complete training required to establish proficiency as an authorized entrant.
•
Complete training in basic first-aid and CPR.
•
Complete training in use of personal protective and rescue equipment.
•
Use appropriate personal protective and rescue equipment.
•
Perform assigned rescue duties during a permit-space emergency.
•
Practice a permit-space rescue at least once every 12 months.
Third-party rescue and emergency services
When a third-party rescue service is used, ensure that the service:
Page 11 of 14
Written program for permit spaces
•
Agrees in writing to provide the service
•
Is capable of performing all necessary rescue operations
•
Is trained in first aid and CPR and at least one member is certified in first aid and CPR
Third-party rescue service providers must:
•
Obtain the evaluation information about every permit space they may need to enter
•
Be familiar with procedures necessary to remove entrants from permit spaces in an
emergency or when they are not able to self-rescue
•
Use the entry permit to identify all physical and atmospheric hazards in the space and
determine the procedure to follow for entering the space
Storm Water Pros, LLC understands that if a third-party emergency service is necessary, the
ability of the third party will be evaluated to rescue entrants from the permit spaces identified at
the site and Storm Water Pros, LLC has arranged with the following responder to provide rescue
and emergency services:
Emergency service provider information
Name of provider: N/ A - Designated Employee Amaron Merrill
Address of provider: N/A- Storm Water Pros Employee
Phone number: 480-370-5973
Approximate response time: N/ A
Storm Water Pros, LLC has informed (type the name of emergency service provider) of hazards
that may exist in the permit spaces identified at this site and has given the provider access to the
spaces to develop appropriate rescue plans and to practice rescues. The provider has also agreed,
in writing, to provide the service.
Page 12of14
Written program for permit spaces
Annual program review
Within one year of an entry operation, Storm Water Pros, LLC confined space team must review
canceled entry permits to identify program deficiencies. The review must be sooner if there is
reason to believe that the program does not adequately protect employees. Actions to correct
deficiencies must be documented and affected employees must be retrained.
Storm Water Pros, LLC will review this Confined Space Program on an annual basis. This
program is subject to change in that information, policies, and procedures will be added and/or
amended.
The signature below is verification that this program has been reviewed or changed.
Signature of reviewer
Date
Page 13 of 14
Written program for permit spaces
Entry permit
Permit date:
I I
Time started:
Permit space to be
entered (name and
location of space):
Purpose of entry:
Names of trained, authorized individuals
•
Entry supervisor:
•
Entry attendant:
•
Authorized entrants:
•
Authorized entrants:
Emergency contact information
Emergency responder:
Contact person:
Pre-entry requirements
Requirements
Lockout - tagoutlde-energize
Pipes(s} broken or capped or blanked
Purge or flush or drain
Ventilation (natural or mechanical)
Secure area
Safe lighting
Non-sparking tools
Communication method
Contractor employees involved
Space-monitoring results
Yes □ □ □ □ □ □ □ □ □
Monitor at least every
Permissible entry
four hours
levels
Percent oxygen
19.5% to 23.5%
No □ □ □ □ □ □ □ □ □
Combustible gas
Less than 10% LEL
Other toxic gas
Other toxic gas
Other toxic gas
440-2864b (9/04/COM/WEB)
Expires:
Phone number:
Time:
NIA Requirements
□ Hot work permit
□ Fall arrest harness/ii fel ineltri pod
□ Personal protective equipment
□
Hardhat
□
Gloves
□
Safety glasses
□
Respirator, type
□
Other PPE:
□
Other PPE:
Test1
Test 2
Test 3
Time:
Time:
Time:
Initial:
Initial:
Initial:
I I
Yes No NIA
□ □ □
□ □ □
□ □ □
□ □ □
□ □ □
□ □ □
□ □ □
□ □ □
□ □ □
Test4
Time:
Initial:
Page 1 of 2
Entry permit
Entry permit (continued)
Possible atmospheric hazards
Yes
No
N/A
Lack of oxygen
□
□
□
Combustible gases
□
□
□
Combustible vapors
□
□
□
Combustible dusts
□
□
□
Toxic gases/vapors
□
□
□
Possible non-atmospheric hazards
Noise
□
□
□
Chemical contact
□
□
□
Electrical hazard
□
□
□
Mechanical exposure
□
□
□
Temperature extreme
□
□
□
Engulfment
□
□
□
Entrapment
□
□
□
Other non-atmospheric hazard
□
□
□
Pre-entry checklist
Do not enter this permit space until the following "needs action" conditions are corrected.
OK
Needs action
□
□
□
□
□
□
□
□
□
□
□
□
Before entering the permit space, the supervisor or designee must notify the rescue team. IDLH
conditions require at least one rescue team member located outside the space.
A minimum of two employees must be assigned to work involving permit space entry. One
employee must remain outside the permit space at all times.
The surrounding area must be surveyed to show that it is free of hazards such as drifting vapors
from tanks, piping, sewers, or vehicle exhaust.
Those responsible for operation of the gas monitor have been trained.
Gas monitor calibration tests and functional test (fresh air calibration) have been performed this
shift on the gas monitor. If so, by whom? __
The atmosphere will be continuously monitored while the space is occupied, if required by entry
procedure.
This permit has been terminated for the following reason:
D Work completed
D Canceled
Time:
Note:
Supervisor's signature
Time:
Date:
I
I
Return this completed permit to _____________ . Review, then file for one year.
440-2864b (9/04/COM/WEB)
Page 2 of 2
Entry permit
Questionnaire - Personnel's Experience and Expertise
2. Personnel BIO
Juan Fletes - Director of Hydrovac and CCTV Operations
Phone: 602-463-4050
Email: Juan@stormwaterprosllc.com
Years of relevant Hydrovac /CCTV experience: 17 yrs.
Supporting role and responsibilities:
Supervises the operation of inspections and cleaning of sewer and storm sewer
infrastructure and field operations.
•
Prepares and relays work order procedures for CCTV crew operators and hydrovac
crew operators including safety procedures, scheduling, detail carry-out, and
assurance of quality deliverables.
•
Organizes and mobilizes all needed field and inspection equipment and
construction materials as necessary.
•
Provides technical and field support in resolving logistics that may need to be
resolved such as pipe blockage, accessibility, traffic control, inspection timing during
low flow period, and equipment performance.
Dedicated to field crews to ensure Equipment and Crews are operating at peak
potential and available for any issues that may arise.
Glen Millett, P.E. - Engineering and General Manager
Phone: 480-694-8553
Email: glen@stormwaterprosllc.com
Professional Registration: State of Arizona, #43834
NASSCO Certification, #U-1213-06019726
Years of relevant engineering experience: 17 yrs.
Supporting role and responsibilities:
Develops operational strategy and planning of execution of all Company contracts
from the beginning to the end.
•
Reviews, identifies, and evaluates documented defects of large sewer and storm
sewer pipelines.
•
Performs prioritization analysis of sewer & storm sewer infrastructure that is in
need of repair and/or maintenance in conjunction with available funding and resources.
•
Develops rehabilitation measures and recommendations for needed pipe repairs
including the development of construction cost estimates.
•
Provides project oversight in advancing the contractual timeline from the planning
stage to final inspection and completion, achieving set milestones, and monitoring
budgets.
Performs and prepare construction plans and specifications for sewer and storm
sewer pipe repair. Construction plans and documents will reflect City of Avondale
design and construction standards and MAG standards and specifications.
•
Implements value engineering strategies to save money and time on construction
costs
Vohn Martineau, P.E. - Engineering and Manager of Inspection Department
Phone: 602-388-2647
Email: vohn@stormwaterprosllc.com
Professional Registration: State of Arizona, #27824
Years of relevant engineering experience: 1 O yrs.
• Perform field site inspections to determine condition of stormwater infrastructure.
• Use experience and expertise to provide recommendations on drywell repairs and
maintenance.
• Prepares client inspection reports and site map of all stormwater infrastructures and
drywalls.
3. Personnel Years of Experience
3a. Storm Infrastructure Cleaning, Maintenance, and Repair Services
1. Adrian Gomez - 13 years, Hydro jet sewer lines, Lift stations, Pump stations, Aeration
Basins, Palmer, Scrubbers, Sulfuric acid tanks, Hydro excavation, Clarifiers. About 5
years B class license with tanker endorsement, no restrictions. Permit required and non
permit required Confined Space Training.
Loto (lockout tagout & tryout) training, SCBA & suppled air full face/half face respirator
Air monitors training, 4, 5, 6 gas. MSA Safety, AKI Eagle, IBrid, LEL. CO. H2S. 02.
CO2. SO2. CH4, CPR training, Fuel tanks, For BP, Copper mines
2.
Lucio Vargas, Jr - 6 years operating combo truck and vacuum loader. 4 years CCTV
with lateral launcher. Clean 8" to 60" pipe and over 600000 thousand miles of pipe. For
multiple cities in Colorado. Hydro excavating free utilities, water breaks, and pipe
insulation. Have installed trenchless pipe repair liners. Also worked at many power
plants in Colorado. Vacuumed out Ash silos, broken conveyor belts buried in coal,
hydro blasted lime tanks and pipe. Associates Degree in automotive
technology. Confined space training, PAPC certifications. Cleaned and video Adams
county Colorado storm drains and located and expose buried manholes.
3.
Tony Blythe - 2+ years Operating Vac-Trucks, ADEQ Grade 1 Certification in
Wastewater/Treatment. Confident in Operations if Lift Stations, CCTV Camera
Operations, Jetted 4000 ft of sewer lines on a daily basis for 9 months. 2+ years in'
Hydro excavation/potholing. Have provided services to a majority of Arizona
Municipalities including City of Phoenix, Tempe, Gilbert, Peoria and many others. CPR
Cert/ Forklift Cert/Confined Space Training. Have worked for large private companies
i.e ... lntel.
3b. Drywell Cleaning, Maintenance, and Repair Services:
1.
Adrian Gomez - 13 years, Hydro jet sewer lines, Lift stations, Pump stations, Aeration
Basins, Palmer, Scrubbers, Sulfuric acid tanks, Hydro excavation, Clarifiers. About 5
years B class license with tanker endorsement, no restrictions. Permit required and non
permit required Confined Space Training.
Lato (lockout tagout & tryout) training, SCBA & suppled air full face/half face respirator
Air monitors training, 4, 5, 6 gas. MSA Safety, AKI Eagle, IBrid, LEL. CO. H2S. 02.
CO2. SO2. CH4, CPR training, Fuel tanks, For BP, Copper mines
2.
Lucio Vargas, Jr - 6 years operating combo truck and vacuum loader. 4 years CCTV
with lateral launcher. Clean 8" to 60" pipe and over 600000 thousand miles of pipe. For
multiple cities in Colorado. Hydro excavating free utilities, water breaks, and pipe
insulation. Have installed trenchless pipe repair liners. Also worked at many power
plants in Colorado. Vacuumed out Ash silos, broken conveyor belts buried in coal,
hydro blasted lime tanks and pipe. Associates Degree in automotive
technology. Confined space training, PAPC certifications. Cleaned and video Adams
county Colorado storm drains and located and expose buried manholes.
3.
Tony Blythe - 2+ years Operating Vac-Trucks, ADEQ Grade 1 Certification in
Wastewater/Treatment. Confident in Operations if Lift Stations, CCTV Camera
Operations, Jetted 4000 ft of sewer lines on a daily basis for 9 months. 2+ years in
Hydro excavation/potholing. Have provided services to a majority of Arizona
Municipalities including City of Phoenix, Tempe, Gilbert, Peoria and many others. CPR
Cert/ Forklift Cert/Confined Space Training. Have worked for large private companies
i.e ... lntel.
Anti-Discrimination Policy
Only complete this document if you have 14 or less employees.
AFFIDAVIT OF COMPLIANCE WITH TEMPE CITY CODE
CHAPTER 2 ARTICLE VIII SECTION 2-603(5)
Per Tempe City Code Chapter 2 Article VIII Section 2-603(5), it is unlawful for a City vendor or City
contractor, because of race, color, gender, gender identity, sexual orientation, religion, national origin,
familial status, age, disability, or United States military veteran status, to refuse to hire or employ or bar or
discharge from employment any person, or to discriminate against such person in compensation, conditions,
or privileges of employment.
City vendors and contractors shall provide a copy of their antidiscrimination policy to City to confirm
compliance with this requirement or attest in writing to compliance.
•
CONTRACTOR means any person who has a contract with the City.
•
VENDOR means a person or firm in the business of selling or otherwise providing products,
materials, or services.
CONTRACTORNENDOR, select one:
_X __ Current copy of antidiscrimination policy attached
OR
__ I hereby certify ______________ (contractor/vendor) to be in compliance with
Tempe City Code Chapter 2 Article VIII Section 2-603(5).
Date:
Signature
---------
Print Name
Title
Company
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
41 I Page
Checklist for Submittal
The following checklist has been provided to assist you in submission of your offer.
This list should not be considered complete, other information or documents may be necessary as part of your submission.
The items listed are the primary documents and information that should be completed and/or included with your proposal.
Please include any additional information or documents that will clarify your submittal.
Submittal Guidelines
•
One signed and complete original proposal.
•
Two (2) complete hard copies of the proposal.
•
One (1) thumb drive with the entire proposal included.
•
All submittals are to be prepared on 8 1/2" X 11" paper.
•
Bound and tabbed as follows:
TAB
DESCRIPTION
INCLUDED
NUMBER
1.
2.
3.
4.
5.
6.
7.
8.
9.
Vendor's Offer - Has been signed and included with proposal
Addendums signed and included (if applicable)
Excel Price Sheet completed and included
Questionnaire completed and included
Example of Report (see Reporting section in the Scope of Work)
Provide "Confined Space Entry Program" (see Questionnaire #22)
Questionnaire supporting documentation (if applicable). Include the
Questionnaire section and number on each document
Signed and completed Affidavit of Compliance with Tempe City Code
Chapter 2 Article VIII Section 2-603(5) and Company's
Antidiscrimination policy documents (if applicable)
Proposal Checklist included (this document)
Alert - If you received this solicitation via a third-party plan-holder company and did
not directly download it from the City of Tempe's Procurement home page you might
not have received any addendums that were published during the bidding period. To
ensure you are notified of addendums it is critical that you download this solicitation
from the City's web site per the below link:
https://ww2.tempe.qov/bids/
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
✓
✓
N/A
✓
✓
✓
✓
✓
✓
✓
City
Use
42 I Page
ANTI-HARASSMENT & NON-DISCRIMINATORY
POLICY
StormWater Pros, LLC expressly prohibits harassment of and discrimination against employees
on the basis of race, color, sex, religion, national origin, disability, veteran status, genetic
information or any status protected under local, state or federal law by managers, employees or
outsiders. We do so because we want to provide all of our employees with a pleasant working
environment and because harassment is prohibited by law. StormWater Pros, LLC will not tolerate
harassment, including sexual harassment, discrimination or retaliation.
All employees are
responsible to conduct themselves in ways that ensure others are able to work in an
atmosphere free from harassment of any kind. This policy includes any off-duty or social
functions as well as social media conduct.
Harassment
Under this policy, harassment is verbal or physical conduct that denigrates or shows hostility or
aversion toward an individual because of his/her race, color, sex, religion, national origin,
disability, veteran status, genetic information or any status protected under local, state or federal
law, and that: (i) has the purpose or effect of creating an intimidating, hostile or offensive work
environment; (ii) has the purpose or effect of unreasonably interfering with an individual's work
performance; or (iii) otherwise adversely affects an individual's employment opportunities.
Harassing conduct includes, but is not limited to:
epithets, slurs or negative stereotyping;
threatening, intimidating or hostile acts; denigrating jokes and display or circulation in the
workplace of written or graphic material that denigrates or shows hostility or aversion toward an
individual or group (including through e-mail).
Sexual Harassment
Sexual harassment has been defined as unwelcome sexual advances, requests for sexual favors,
and other verbal or physical conduct of a sexual nature when:
•
submission to such conduct is either made explicitly or implicitly a term or condition of
employment;
•
submission to or rejection of such conduct is used as the basis for employment decisions;
or,
•
such conduct has the purpose or effect of unreasonably interfering with the work
environment or creating an intimidating, hostile or offensive work environment.
Sexual harassment can be subtle or direct. It usually involves different genders, but may be
committed by someone of the same gender. Sexually harassing behavior may include intentional
physical conduct that is sexual in nature, sexual jokes and innuendos, sexual advances or
requests for sexual favors, propositions, verbal abuse of a sexual nature, commentary about an
individual's body, sexual prowess or sexual deficiencies, leering, touching, sexually based
StormWater Pros, LLC - Employee Handbook (2/2019)
24
obscene comments or gestures, display of sexually suggestive objects or pictures and any other
type of physical, verbal or visual conduct of a sexual nature.
Sexual harassment may occur through various methods including personal contact, in writing,
over the telephone, through e-mail, and on the Intranet or Internet. The means by which sexually
harassing behavior is conducted does not change its inappropriateness.
Who Is Covered?
In short, anybody an employee encounters as he or she performs his or her job at this employer
is covered by this policy. This includes all applicants and employees regardless of position, title,
grade, seniority or function, as well as clients, temporaries, visitors, independent contractors and
vendors. Nobody is immune from this policy.
How to Report Harassment
Allegations of harassment should be reported promptly. Allegations of harassment may be
reported in any manner that effectively communicates the message the employee desires to send.
This includes reporting in writing, orally, by e-mail, letter, memo or note or any other reasonable
means. StormWater Pros, LLC encourages all reports to be made in writing in order to have a
clear and complete account of the employee's perception of the situation. The most beneficial
written reports will include at least:
1.
the dates and times of all incidents of harassment;
2.
the names of all harassers and victims;
3.
a detailed factual description of the harassment; and,
4.
the names of all individuals present during the challenged conduct or who otherwise could
corroborate or refute the facts alleged.
Employees should also remember that a good first step in resolving a problem of harassment is
to directly confront the harasser, clearly communicating what behavior is deemed unacceptable.
In many instances, this alone will stop the undesirable behavior because the harasser does not
realize the inappropriateness of his or her conduct. If the employee does not feel that such a step
is appropriate, however, the employee should report the problem elsewhere, as discussed.
Obligations of All Employees
It is an essential responsibility for every employee to report any incidents of actual or perceived
harassment. This includes harassment directly involving the employee, or where the employee is
only a witness. Every employee must consider the obligation to report harassment as an essential
function of their job.
StormWater Pros, LLC - Employee Handbook (2/2019)
25
Professional Environment
Our work environment is such that many individuals interact with each other every day.
Differences of opinion, discomfort with personality traits and even anger are inevitable. Please
understand that those types of reactions do not generally amount to sexual harassment.
StormWater Pros, LLC wants our workplace to be both interactive and professional. Tolerance of
others is encouraged.
Where to Report
Reports of harassment should be made first to the employees' supervisor or manager as well as
the Company's HR Department. If the employee feels uncomfortable reporting to his or her
supervisor or manager, the employee may also contact anyone further up the chain of command
until the allegations are handled properly.
When to Report
Immediately! The more promptly an issue is raised, the more likely an appropriate resolution can
be reached. Untimely reporting significantly increases the difficulty in conducting an investigation
because the precision with which events and statements are remembered fades with the passage
of time.
Investigations
In most cases, a prompt investigation will immediately follow the reporting of behavior believed to
constitute discrimination or sexual harassment. Any such investigation will be designed to address
the allegations made, but will usually include detailed interviews of the persons directly involved,
witnesses, and review of any documentary items that tend to support or refute the allegations.
Investigations will be kept as confidential as practical, but in keeping with StormWater Pros, LLC's
desire to conduct a thorough review of all facts and events. Retaliation by any employee against
anyone participating in the investigation will not be tolerated.
Determinations
In instances where sufficient information is available, StormWater Pros, LLC will promptly make
factual and disciplinary determinations about the challenged conduct. However, an employee
should keep in mind that some inappropriate behavior may not be reflected in documents or
witnessed by other people. In those situations, individual credibility determinations will have to be
made, and StormWater Pros, LLC will strive to do its best at making those determinations
correctly. These credibility issues should not discourage employees from reporting harassment,
but should illustrate the importance of having documents, witnesses and other information
available to assist StormWater Pros, LLC in reaching its determination. All determinations will be
based upon a totality of the circumstances then known to this employer.
StormWater Pros, LLC - Employee Handbook (2/2019)
26
Discipline
Any employee engaged in sexual harassment will be subject to discipline, up to and including
termination. This includes first-time offenders. All disciplinary decisions will be made on a caseby
case basis.
Complaining parties will be apprised in general of the progress of the investigation of their
complaint. However, because of privacy concerns, only information of a general nature
concerning the final outcome and any possible disciplinary action will be disclosed.
Retaliation
Any act of retaliation against an employee who reports, participates in an investigation of sexual
harassment or is otherwise involved in such an inquiry is strictly forbidden. Any employee found
to have retaliated against another person will be subject to the same discipline as an employee
who is found to have sexually harassed another person, up to and including termination.
False Claims
Sexual harassment and discrimination are very serious matters for all parties involved, in part
because of the way it can affect people and their careers. Accordingly, while all legitimate claims
of sexual harassment and discrimination must be reported, such claims must never be fabricated
or lodged without the utmost sincerity. Any person found to have intentionally falsified a claim of
sexual harassment or discrimination, or who lodges a claim for malicious or improper reasons, is
subject to immediate discipline, up to and including termination.
Additional Training
It is important to this employer to have a well-trained and educated workforce on this subject. If at
any time you do not believe you are sufficiently aware of what is acceptable behavior, do not
understand this subject well enough, or simply need another copy of the Company's Anti
Harassment Policy, please contact the HR Department for additional training or another copy of
the Anti-Harassment Policy.
StormWater Pros, LLC - Employee Handbook (2/2019)
27
Checklist for Submittal
The following checklist has been provided to assist you in submission of your offer.
This list should not be considered complete, other information or documents may be necessary as part of your submission.
The items listed are the primary documents and information that should be completed and/or included with your proposal.
Please include any additional information or documents that will clarify your submittal.
Submittal Guidelines
•
One signed and complete original proposal.
•
Two (2) complete hard copies of the proposal.
•
One (1) thumb drive with the entire proposal included.
•
All submittals are to be prepared on 8 1/2" X 11" paper.
•
Bound and tabbed as follows:
TAB
DESCRIPTION
INCLUDED
NUMBER
1.
Vendor's Offer - Has been signed and included with proposal
2.
Addendums signed and included (if applicable)
3.
Excel Price Sheet completed and included
4.
Questionnaire completed and included
5.
Example of Report (see Reporting section in the Scope of Work)
6.
Provide "Confined Space Entry Program" (see Questionnaire #22)
7.
Questionnaire supporting documentation (if applicable). Include the
Questionnaire section and number on each document
8.
Signed and completed Affidavit of Compliance with Tempe City Code
Chapter 2 Article VIII Section 2-603(5) and Company's
Antidiscrimination policy documents (if applicable}
9.
Proposal Checklist included (this document)
Alert - If you received this solicitation via a third-party plan-holder company and did
not directly download it from the City of Tempe's Procurement home page you might
not have received any addendums that were published during the bidding period. To
ensure you are notified of addendums it is critical that you download this solicitation
from the City's web site per the below link:
https://ww2.tempe.gov/bids/
RFP20-028 Stormwater Infrastructure and Drywell Cleaning, Maintenance, and Repair
✓
✓
NIA
✓
✓
✓
✓
✓
City
Use
42 I Page
StorrnWater Pros, LLC.
916 E. Impala A venue
Suite 101
Mesa, AZ. 85204
Bill To
Date
11/13/2019
Project/Job Name
Desert Sky Esplanade
DSE SPE, LLC
1234-B E. 17th Street
Santa Ana, CA 92701
75th Ave & McDowell Rd.
Phoenix, AZ
Property #0452-0464-0454-I 0450
Quantity
Job Date
Job#
11/6/2019
0919-06
Description
General Ledger Coding: 5540-0000
I Item A. I - Hydrovac clean 5 drywells (Nos 5, 31, 32, 33 & 38)
I Item B. I - Hydrovac clean I catch basin (No 3)
I Item C. I - Hydrovac clean 2 bubbler basins (Nos 7 & 8)
I Item D. I - install new brackets in 2 drywells (Nos 31 & 38)
Due Date
12/13/2019
I Item E.1 - install new 6" debris screen in drywell No 31 and new 8" debris screen in
drywell No 34
·k you for your business.
E-mail
tina@stormwaterprosllc.com
Phone# 480-926-1003 Fax# 480-813-9612
ROC #269340 A
P.O. No.
Rate
Subtotal
3.475.00
475.00
1,200.00
400.00
450.00
Sales Tax (0.0%)
Total
Balance Due
Invoice
Invoice#
5313
Terms
Net 30
Amount
3,475.00
475.00
1,200.00
400.00
450.00
$6,000.00
$0.00
$6,000.00
$6,000.00