Agreement with K.M Facility Services, LLC
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1
10/05/2023
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
K.M. FACILITY SERVICES, LLC
This Linking Agreement (“Agreement”) is entered into as of this day of , 2024, between the
City of Glendale, an Arizona municipal corporation (“City”), and K.M. Facility Services, LLC, an Arizona
Limited Liability Company, authorized to do business in Arizona (“Contractor”), collectively, the “Parties.”
RECITALS
A.
On April 1, 2024, a member of the S.A.V.E Cooperative Purchasing Agreement, the City of Phoenix,
entered into a contract with Contractor to purchase the goods and services described in HVAC
Exhaust and Duct Cleaning, Contract No. 160180--0 (“Cooperative Agreement”), which is attached
hereto as Exhibit A. The Cooperative Agreement allows 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 wishes to contract with Contractor for supplies or services identical to those being provided
to other units of government under the Cooperative Agreement. Contractor consents to the City’s
cooperative use of the terms and conditions of the Cooperative Agreement, and agrees to provide
the supplies and services set forth in the Statement of Work appended hereto as Exhibit B.
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.
As provided in the Cooperative Agreement, there is one five-year term for this Agreement, which
commences on April 1, 2024 and terminates on March 31, 2029. There are no extensions or renewals
available under this contract. Prices shall remain firm and fixed for the entire term. After the initial
two-years of the contract term, price increases may be considered annually and shall only be
approved if the Contractor provides written documentation to support any requested increase.
2.
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.
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10/05/2023
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 two hundred thousand dollars ($200,000) annually or one million dollars
($1,000,000) for the entire term of the Agreement (initial term plus any extensions).
4.
Cancellation. This Agreement may be cancelled 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.
9.
Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and
during the term of this Agreement, will not use:
a.
the forced labor of ethnic Uyghurs in the People’s Republic of China;
b.
any goods or services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China; and
c.
any contractors, subcontractors or suppliers that use the forced labor or any goods
or services produced by the forced labor of ethnic Uyghurs in the People’s Republic
of China.
10.
Attestation of PCI Compliance. When applicable, the Contractor will provide the City annually with
a Payment Card Industry Data Security Standard (PCI DSS) attestation of compliance certificate
signed by an officer of Contractor with oversight responsibility.
11.
Notices. Any notices that must be provided under this Agreement shall be sent to the Parties’
respective authorized representatives at the address listed below:
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
K.M. FACILITY SERVICES, LLC
EXHIBIT A
S.A.V.E COOPERATIVE PURCHASING AGREEMENT, THE CITY OF PHOENIX HVAC
EXHAUST AND DUCT CLEANING CONTRACT NO.160180--0
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
K.M. FACILITY SERVICES, LLC
EXHIBIT B
Scope of Work
The contractor will provide HVAC, Coil, Duct, Exhaust, and Fan Coil Cleaning at City of Glendale Facilities
on an as-needed basis.
City of Phoenix
160180--0
INVITATION FOR BID
I FB-24-0078
HVAC EXHAUST AND DUCT CLEANING
City of Phoenix
Finance Central Procurement
251 W. Washington Street 8th Floor
undefined
Phoenix, AZ
85003
RELEASE DATE: November 8, 2023
DEADLINE FOR QUESTIONS: December 8, 2023
RESPONSE DEADLINE: January 5, 2024, 12:00 am
City of Phoenix
INVITATION FOR BID
I FB-24-0078
HVAC Exhaust and Duct Cleaning
1.
INTRODUCTION ................................................................................................................ 3
2.
INSTRUCTIONS ................................................................................................................. 4
SCOPE OF WORK ............................................................................................................ 14
4.
EVALUATION PROCESS .................................................................................................. 16
STANDARD TERMS AND CONDITIONS .......................................................................... 17
6.
SPECIAL TERMS AND CONDITIONS ............................................................................... 29
7.
DEFENSE AND INDEMNIFICATION ................................................................................. 33
8.
INSURANCE REQUIREMENTS ........................................................................................ 34
9.
SUBMITTALS ................................................................................................................. 36
10.
PRICING PROPOSAL .................................................................................................... 38
Attachments:
B - Submittal Pricing_Proposal_ Template_hvac
C - Submittal C - References rev 2-2023
D - Submittal D - Service Completion Date rev 2-2023
E - Submittal E - Conflict of Interest and Transparency rev 2-2023
F - Submittals F- Contractor Licensing Requirements rev 2-2023 (2)
G - Submittals G -Costs and Payments rev 2-2023 (1)
H - Submittals H - Offer Page rev 3-2023 (1)
Invitation For Bid #IFB-24-0078
Title: HVAC Exhaust and Duct Cleaning
1.
Introduction
Summary
The City of Phoenix seeks qualified contractors to provide cleaning of the heating, ventilation,
and air conditioning (HVAC) exhaust and duct systems to city facilities on as-needed basis. The
City intends to award a contract for a five-year term to be used city wide.
Background
Contractor shall be responsible to provide all supervision, materials, labor, equipment,
chemicals and supplies required to clean, sanitize, and deodorize entire duct system and HVAC
systems. Contractor shall dispose of all waste generated from the services performed. The City
reserves the right to add and delete HVAC and duct systems and locations as necessary.
Contact Information
Clara Delgado
Senior Buyer
251 W. Washington Street 8th Floor
Phoenix, AZ 85003
Email: clara.delgado@phoenix.gov
Phone: (602) 261-8988
Department:
Finance Central Procurement
Timeline
Schedule of Events
The City reserves the right to change dates, times, and locations, as necessary. The City does
not always hold a Pre-Offer Conference or Site Visit.
To request a reasonable accommodation or alternative format for any public meeting, please
contact the Procurement Officer (Clara Delgado) at (602) 261-8988Noice or 711/TTY, or
clara.delgado@phoenix.gov, no later than two (2) weeks prior to the meeting.
Solicitation Issue Date
November 8, 2023
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Invitation For Bid #IFB-24-0078
Title: HVAC Exhaust and Duct Cleaning
Pre-Offer Conference (Non-
November 29, 2023, 1 :00pm
Mandatory)
Join from the meeting link
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Written Inquiries Due Date
December 8, 2023, 2:00pm
Offer Due Date
January 5, 2024, 12:00am
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Invitation For Bid #IFB-24-0078
Title: HVAC Exhaust and Duct Cleaning
2.
Instructions
2.1. Description - Statement of Need
The City of Phoenix invites sealed offers for for a five-year contract commencing on or about
4/1/2024, in accordance with the specifications and provisions contained herein or the "Effective
Date" which is upon award by City Council, conditioned upon signature and recording by the
City Clerk's department, as required by the Phoenix City Code, whichever is later.
The City of Phoenix is seeking qualified HVAC contractors to provide services on an as-needed
basis.
This solicitation is available through Arizona Relay Service 7-1-1. Please call TTY 800-367-8939
for assistance.
Notwithstanding the foregoing, this Agreement will terminate upon the earliest occurrence: by
reaching the end of the term including any extensions exercised, or termination pursuant to the
provisions of this Agreement.
2.2. City's Vendor Self-Registration and Notification
Vendors must be registered in the City's procurePHX Self-Registration System at
https://www.phoenix.gov/procure to respond to solicitations and access procurement
information. The City may, at its sole discretion, reject any offer from an Offeror who has not
registered.
2.3. Preparation of Offer
All forms provided in Submittal Section must be completed and submitted with the Offer. The
signed and completed Conflict of Interest and Transparency form must be included or your Offer
may be deemed non-responsive.
It is permissible to copy Submittal forms if necessary. Erasures, interlineations, or other
modifications of the Offer must be initialed in original ink by the authorized person signing the
Offer. No offer will be altered, amended or withdrawn after the specified offer due date and time.
The City is not responsible for Offeror's errors or omissions.
All time periods stated as a number of days will be calendar days.
It is the responsibility of all Offerors to examine the entire solicitation and seek clarification of
any requirement that may not be clear and to check all responses for accuracy before
submitting an offer. Negligence in preparing an offer confers no right of withdrawal after due
date and time. Offerors are strongly encouraged to:
A. Consider applicable laws and/or economic conditions that may affect cost, progress,
performance, or furnishing of the products or services.
B. Study and carefully correlate Offeror's knowledge and observations with the solicitation
and other related data.
C. Promptly notify the City of all conflicts, errors, ambiguities, or discrepancies that Offeror
has discovered in or between the solicitation and other related documents.
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Title: HVAC Exhaust and Duct Cleaning
D. The City does not reimburse the cost of developing, presenting or providing any
response to this solicitation. Offers submitted for consideration should be prepared
simply and economically, providing adequate information in a straightforward and
concise manner. The Offeror is responsible for all costs incurred in responding to this
solicitation. All materials and documents submitted in response to this solicitation
become the property of the City and will not be returned.
E. Offerors are reminded that the specifications stated in the solicitation are the minimum
level required and that offers submitted must be for products or services that meet or
exceed the minimum level of all features specifically listed in this solicitation. Offers
offering less than any minimum specifications or criteria specified are not responsive and
should not be submitted.
F. Offer responses submitted for products considered by the seller to be acceptable
alternates to the brand names or manufacturer's catalog references specified herein
must be submitted with technical literature and/or detailed product brochures for the
City's use to evaluate the products offered. Offers submitted without this product
information may be considered as non-responsive and rejected. The City will be the sole
judge as to the acceptability of alternate products offered.
G. Prices will be submitted on a per unit basis by line item, when applicable. In the event of
a disparity between the unit price and extended price, the unit price will prevail unless
obviously in error.
2.4. Obtaining a Copy of the Solicitation and Addenda
Interested Offerors may download the complete solicitation and addenda from
https://solicitations.phoenix.gov/. Any interested Offerors without internet access may obtain this
solicitation by calling the Procurement Officer or picking up a copy during regular business
hours at the City of Phoenix, Finance Department, Central Procurement Division, 251 W
Washington Street, 8th Floor, Phoenix, AZ. It is the Offeror's responsibility to check the website,
read the entire solicitation, and verify all required information is submitted with their Offer.
2.5. Exceptions
Offeror must not take any exceptions to any terms, conditions or material requirements of this
solicitation. Offers submitted with exceptions may be deemed non-responsive and disqualified
from further consideration in the City's sole discretion. Offerors must conform to all the
requirements specified in the solicitation. The City encourages Offerors to send inquiries to the
Procurement Officer rather than including exceptions in their Offer.
2.6. Inquiries
All questions that arise relating to this solicitation should be directed via email to the
Procurement Officer and must be received by the due date indicated in the Schedule of Events.
The City will not consider questions received after the deadline.
No informal contact initiated by Offerors on the proposed service will be allowed with members
of City's staff from date of distribution of this solicitation until after city council awards the
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Title: HVAC Exhaust and Duct Cleaning
contract. All questions concerning or issues related to this solicitation must be presented in
writing.
The Procurement Officer will answer written inquiries in an addendum and publish any
addendums on the Procurement Website.
2.7. Addenda
The City of Phoenix will not be responsible for any oral instructions made by any employees or
officers of the City of Phoenix regarding this solicitation. Any changes will be in the form of an
addendum. The Offeror must acknowledge receipt of any/all addenda by signing and returning
the document with the Offer submittal.
2.8. Business in Arizona
The City will not enter contracts with Offerors (or any company(ies)) not granted authority to
transact business, or not in good standing, in the state of Arizona by the Arizona Corporation
Commission, unless the Offeror asserts a statutory exception prior to entering a contract with
the City.
2.9. Licenses
If required by law for the operation of the business or work related to this Offer, Offeror must
possess all valid certifications and/or licenses as required by federal, state or local laws at the
time of submittal.
2.10. Certifications
By signature in the Offer section of the Offer and Acceptance page(s), Offeror certifies:
•
The submission of the Offer did not involve collusion or other anti-competitive practices.
•
The Offeror must not discriminate against any employee, or applicant for employment in
violation of Federal or State Law.
•
The Offeror has not given, offered to give, nor intends to give at any time hereafter, any
economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor,
or service to a public servant in connection with the submitted Offer.
2.11. Submission of Offer
Offers must be in possession of the Department on or prior to the exact time and date indicated
in the Schedule of Events. Late offers will not be considered. The prevailing clock will be the
City Department's clock.
Offers must be submitted electronically by email to NO VALUE and the following information
should be noted in the email:
A. Offeror's Name
B. Offeror's Address (as shown on the Certification Page)
C. Solicitation Number
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Invitation For Bid #IFB-24-0078
Title: HVAC Exhaust and Duct Cleaning
D. Solicitation Title
E. Offer Opening Date
F. Due to file size limitations for electronic transmission (for sending or receiving), Offers
sent by email may need to be sent in parts with multiple emails. It is the responsibility of
the Offerer to ensure that the Offer (including all parts if sent in multiple emails) is timely
and to confirm that there are no technical reasons that any offer submitted electronically
may be delayed. The date and time on the email(s) as received/stamped by the City's
inbox will provide proof of submission and verification whether the Offer was received on
or prior to the exact time and date indicated in the Schedule of Events.
G. Any original documents (such as bonds, guaranties, powers of attorney), if required by
the solicitation, must be separately delivered to and received by the City on or prior to
the exact time and date indicated in the Schedule of Events, with a clear indication of the
Offer for which it is attributed.
2.12. Withdrawal of Offer
At any time prior to the solicitation due date and time, an Offerer (or designated representative)
may withdraw the Offer by submitting a request in writing and signed by a duly authorized
representative. If Offerer withdraws the Offer electronically by email to the Procurement Officer,
the request to withdraw must be in the form of a letter attached to the email that includes either
an image of the duly authorized representative's signature or an electronic signature from a
verifiable source, such as Adobe Sign, DocuSign or a similar verifiable software program.
2.13. Offer Results
Offers will be opened on the offer due date, time and location indicated in the Schedule of
Events, at which time the name of each Offerer, and the prices may be read. Offers and other
information received in response to the solicitation will be shown only to authorized City
personnel having a legitimate interest in them or persons assisting the City in the evaluation.
Offers are not available for public inspection until after the City has posted the award
recommendation on the City's website.
The City will post a preliminary offer tabulation on the City's website,
https://solicitations.phoenix.gov/Awards within five business days of the offer opening. The City
will post the information on the preliminary tabulation as it was read during the offer opening.
The City makes no guarantee as to the accuracy of any information on the preliminary
tabulation. Once the City has evaluated the offers, the City will post an award recommendation
on the website. By signing and submitting its Offer, each Offerer agrees that this posting of the
award recommendation to the City's website effectively serves as the Offerer's receipt of that
notice of award recommendation. The City has no obligation to provide any further notification to
unsuccessful Offerers.
2.14. Pre-Award Qualifications
Offerer must have been in operation a minimum of five years years. The Offerer's normal
business activity during the past five years years will have been for providing the goods or
services in this solicitation.
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Invitation For Bid #IFB-24-0078
Title: HVAC Exhaust and Duct Cleaning
Contractor shall be a member of the National Air Duct Cleaners Association (NADCA) or have
other acceptable credentials. Contractor shall possess the Air Systems Cleaning Specialist
(ASCS) certification, or have other equivalent certifications.
Upon notification of an intent to award, the Offeror will have ten calendar days to submit a
complete certificate of insurance in the minimum amounts and the coverages as required in the
Insurance Requirements of this agreement. Insurance requirements are non-negotiable.
2.15. Award of Contract
Unless otherwise indicated, award(s) will be made to the most responsive, responsible
Offeror(s) who are regularly established in the service, or providing the goods, contained in this
solicitation and who have demonstrated the ability to perform in an acceptable manner.
A. Factors that may be considered by the City include:
1. Technical capability of the Offeror to accomplish the scope of work required in the
Solicitation. This may include performance history on past and current government or
industrial contracts; and,
2. Demonstrated availability of the necessary manpower (both supervisory and
operational personnel) and necessary equipment to accomplish the scope of work in
the Solicitation; and,
3. Safety record; and,
4. Offeror history of complaints and termination for convenience or cause.
B. Notwithstanding any other provision of this solicitation, the City reserves the right to: (1)
waive any immaterial defect or informality; or (2) reject any or all offers or portions
thereof; or (3) reissue a solicitation.
C. A response to a solicitation is an offer to contract with the City based upon the terms,
conditions, and specifications contained in the City's solicitation. Offers do not become
contracts until they are executed by the Chief Procurement Officer or Department
Director. A contract has its inception in the award, eliminating a formal signing of a
separate contract. For that reason, all of the terms, conditions and specifications of the
procurement contract are contained in the solicitation, and in any addendum or contract
amendment.
2.16. Solicitation Transparency Policy
Commencing on the date and time a solicitation is published, potential or actual Offerors or
respondents (including their representatives) shall only discuss matters associated with the
solicitation with the Mayor, any members of City Council, the City Manager, any Deputy City
Manager, or any department director directly associated with the solicitation (including in each
case their assigned staff, except for the designated Procurement Officer) at a public meeting,
posted under Arizona Statutes, until the resulting contract(s) are awarded to all offers or
responses are rejected and the solicitation is cancelled without any announcement by the
Procurement Officer of the City's intent to reissue the same or similar solicitation.
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As long as the solicitation is not discussed, Offerers may continue to conduct business with the
City and discuss business that is unrelated to the solicitation with the City staff. Offerers may not
discuss the solicitation with any City employees or evaluation panel members.
Offerers may discuss their proposal or the solicitation with the Mayor or one or more members
of the Phoenix City Council, provided such meetings are scheduled through the Procurement
Officer, and are posted as open meetings with the City Clerk at least 24 hours prior to the
scheduled meetings. The City Clerk will be responsible for posting the meetings. The posted
notice shall identify the participants and the subject matter, as well as invite the public to
participate.
With respect to the selection of the successful Offerers, the City Manager and/or City Manager's
Office will continue the past practice of exerting no undue influence on the process. In all
solicitations of bids and proposals, any direction on the selection from the City Manager and/or
City Manager's Office and Department Head ( or representative) to the proposal review panel or
selecting authority must be provided in writing to all prospective Offerers.
This policy is intended to create a level playing field for all Offerers, assure that contracts are
awarded in public, and protect the integrity of the selection process. OFFERORS THAT
VIOLATE THIS POLICY SHALL BE DISQUALIFIED. After official Notice is received by the City
for disqualification, the Offerer may follow the Protest process, unless the Solicitation is
cancelled without notice of intent to re-issue.
"To discuss" means any contact by the Offerer, regardless of whether the City responds to the
contact. Offerers that violate this policy will be disqualified until the resulting contract(s) are
awarded, or all offers or responses are rejected and the solicitation is cancelled without any
announcement by the Procurement Officer of the City's intent to reissue the same or a similar
solicitation. The City interprets the policy as continuing through a cancellation of a solicitation
until Council award of the contract, as long as the City cancels with a statement that the City will
rebid the solicitation.
2.17. Protest Process
Offerer may protest the contents of a solicitation no later than seven days before the solicitation
deadline when the protest is based on an apparent alleged mistake, impropriety or defect in the
solicitation. Protests filed regarding the solicitation may be addressed by an amendment to the
solicitation or denied by the City. If denied, the opening and award will proceed unless the City
determines that it is in the City's best interests to set new deadlines, amend the solicitation,
cancel or re-bid.
Therefore, unless otherwise notified by a formal amendment, the Protester must adhere to all
solicitation dates and deadlines, including timely filing of an offer, regardless of filing a protest.
Offerer may protest an adverse determination issued by the City regarding responsibility and
responsiveness, within seven days of the date the Offerer was notified of the adverse
determination.
Offerer may protest an award recommendation if the Offerer can establish that it had a
substantial chance of being awarded the contract and will be harmed by the recommended
award. The City will post recommendations on the City's website to award the contract(s) to an
Offeror(s). Offerer must submit award protests within seven days after the posting of the award
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recommendation, with exceptions only for good cause shown, within the City's full and final
discretion.
All protests will be in writing, filed with the Procurement Officer identified in the solicitation and
include the following:
•
Identification of the solicitation number;
•
The name, address and telephone number of the protester;
•
A detailed statement describing the legal and factual grounds for the protest, including
copies of relevant documents;
•
The form of relief requested; and
•
The signature of the protester or its authorized representative.
The Procurement Officer will render a written decision within a reasonable period after the
protest is filed. The City will not request City Council authorization to award the contract until the
protest process is complete. All protests and appeals must be submitted in accordance with the
City's Procurement Code, (Phoenix City Code, Ch. 43) and any protests or appeals not
submitted within the time requirements will not be considered. Protests must be filed with the
Procurement Officer.
2.18. Public Record
All Offers submitted in response to this solicitation will become the property of the City and
become a matter of public record available for review pursuant to Arizona State law. If an
Offerer believes that a specific section of its Offer response is confidential, the Offerer will
isolate the pages marked confidential in a specific and clearly labeled section of its Offer
response. An Offerer may request specific information contained within its Offer is treated by the
Procurement Officer as confidential provided the Offerer clearly labels the information
"confidential." To the extent necessary for the evaluation process, information marked as
"confidential" will not be treated as confidential. Once the procurement file becomes available
for public inspection, the Procurement Officer will not make any information identified by the
Offerers as "confidential" available to the public unless necessary to support the evaluation
process or if specifically requested in accordance with applicable public records law. When a
public records request for such information is received, the Procurement Officer will notify the
Offerer in writing of any request to view any portion of its Offer marked "confidential." The
Offerer will have the time set forth in the notice to obtain a court order enjoining such disclosure.
If the Offerer does not provide the Procurement Officer with a court order enjoining release of
the information during the designated time, the Procurement Officer will make the information
requested available for inspection.
2.19. Late Offers
Late Offers must be rejected, except for good cause. If a late Offer is submitted, the Department
will document the date and time of the submittal of the late Offer, keep the Offer and notify the
Offerer that its Offer was disqualified for being a late Offer.
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2.20. Right to Disqualify
The City reserves the right to disqualify any Offerer who fails to provide information or data
requested or who provides materially inaccurate or misleading information or data. The City
further reserves the right to disqualify any Offerer on the basis of any real or apparent conflict of
interest that is disclosed by the Offer submitted or any other data or information available to the
City. This disqualification is at the sole discretion of the City. By submission of a solicitation
response, the Offerer waives any right to object now or at any future time, before any agency or
body including, but not limited to, the City Council of the City or any court as to the exercise by
the City of such right to disqualify or as to any disqualification by reason of real or apparent
conflict of interest determined by the City. The City reserves the right to replace the disqualified
Offerer.
2.21. Site Inspection
Offerers should visit the site and familiarize themselves with any conditions that may affect
performance and submittal prices. Submission of an offer will be prima facie evidence that the
Offerer did, in fact, make a site inspection and is aware of all conditions affecting performance
and submittal prices. Please contact the Procurement Officer listed on the front page to arrange
for a site inspection.
2.22. Contract Award
In accordance with the City of Phoenix Code, Chapter 43, Section 43-12, Competitive Sealed
Bidding, award(s) shall be made to the lowest responsible and responsive offeror(s) whose offer
conforms in all material respects to the requirements set forth in this solicitation. The City
reserves the right to award a contract by individual line items, by group, all or none, or any other
combination most advantageous to the City. The City reserves the right to multiple award.
2.23. Equal Low Offer
Contract award will be made by putting the names of the tied Offerers in a cup for a blind
drawing limited to those bidders with tied Offers. If time permits, the Offerers involved will be
given an opportunity to attend the drawing. The drawing will be witnessed by at least three
persons, and the contract file will contain the names and addresses of the witnesses.
2.24. Determining Responsiveness and Responsibility
Offers will be reviewed for documentation of any required minimum qualifications, and
completeness and compliance with the solicitation requirements. The City reserves sole
discretion to determine responsiveness and responsibility.
Responsiveness: Nonresponsive Offers will not be considered in the evaluation process. The
solicitation states criteria that determine responsiveness, and the solicitation includes terms and
conditions that if included or excluded from Offers will render an Offer nonresponsive.
Responsibility: To obtain true economy, the City must conduct solicitations to minimize the
possibility of a subsequent default by the Offerer, late deliveries, or other unsatisfactory
performance that may result in additional administrative costs. It is important that the Offeror be
a responsible Offeror. Responsibility includes the Offeror's integrity, skill, capacity, experience,
and facilities for conducting the work to be performed.
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Invitation For Bid #IFB-24-0078
Title: HVAC Exhaust and Duct Cleaning
3.
Scope of Work
The contract will provide maintenance, cleaning, sanitizing, and repair of HVAC ducts, dryer
vents, exhaust systems and kitchen vents systems at multiple Citywide facilities for the Fire,
Public Works and Aviation Departments. Regular cleaning and maintenance are critical to
ensure proper operation of the HVAC system and equipment. Failure to maintain these systems
in proper working condition increases the risk of health and safety issues for customers and
employees at these facilities.
3.1. Contractor Requirements
The Contractor is expected to have tools and/or equipment considered standard to the trade
available and at no extra cost to the City.
A. The Contractor is accountable for any damage caused to property owned by the City of
Phoenix due to negligence in their work.
In the event that the Contractor's activities result in damage to city-owned property, the
Contractor must promptly address and rectify the damage or provide compensation.
Proper Equipment
A. The Contractor shall use portable power vacuum equipment, which delivers at least
6000 CFM and 4 to 5 inches W.G. of vacuum at the duct.
B. The Contractor shall provide all staging, scaffold, ladders, or similar equipment required
to properly complete the work. The contractor shall have as a minimum the following list
of equipment:
a. Portable vacuum systems with a minimum capability of producing 5000 CFM with
all of the filters in place.
b. Portable pressure washers with the capability of producing up to 5000 PSI.
c. Compressor capable of 16 CFM @ 185 PSI or larger.
d. Pneumatic powered sweep system by "VAC Systems" (or equivalent)
e. "Fog Master Tri -Jet model 6208" (or equivalent)
f. "Shortridge ADM 860" kit (or equivalent)
g. Complete borescope kit "ITI # 123850" (or equivalent)
h. If any equipment has wheels or casters, they shall be of a non-marking variety
type.
3.2. Service Requirements
Maintaining Existing Duct Cleaning Services
A. The existing HVAC duct work shall be maintained and cleaned to all occupied areas
during the normal work week. Any exceptions to this rule must be pre- approved by the
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Invitation For Bid #IFB-24-0078
Title: HVAC Exhaust and Duct Cleaning
City of Phoenix department representative or project manager. Cleaning services for the
existing HVAC ducts shall be on as needed basis.
Cleaning Existing Filtration Parts
A. Filtration for Vacuum Collection Devices:
1. When utilizing a vacuum collection device for HVAC system cleaning, and when the
exhaust from this device is directed inside the building, the contractor shall adhere to
the following filtration standards:
a. The filtration system employed must possess a minimum collection efficiency of
99.7%.
b. The filtration system must be capable of capturing particulates of 3 microns in
size and larger.
B. Mechanical Cleaning with Particulate Collection Equipment:
1. In instances where mechanical cleaning methods are employed to dislodge and
remove debris from the air conveyance systems, the contractor is required to meet
the following conditions:
a. Particulate collection equipment shall be used alongside mechanical cleaning
techniques.
b. This equipment must include adequate filtration to ensure that any dislodged
debris is effectively contained, preventing its reintroduction into the indoor air.
Repairing Damage by Dirt/Dust or Water
A. Protection of Supply Registers, Diffusers, and Terminal Units:
1. In areas where it is imperative to prevent the introduction of dust and particles into
the environment, such as clean rooms or sensitive facilities, the Contractor shall take
the following measures:
a. Cover supply registers, diffusers, and other terminal units with filter cloths during
the cleaning process to collect debris.
b. Ensure that these filter cloths are removed upon the completion of the job to
maintain unobstructed airflow.
B. Management of Uncontrolled Water and Dirty Water Disposal:
1. During the cleaning process, if uncontrolled water is encountered, the Contractor is
responsible for immediate and proper action:
a. Vacuum any uncontrolled water promptly to prevent water damage.
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Title: HVAC Exhaust and Duct Cleaning
2. In the event that water becomes contaminated with dirt or debris during cleaning, it is
the Contractor's responsibility to dispose of such dirty water in accordance with
approved environmental regulations, typically through an approved drain.
Protective Efforts and Clean Up
A. The use of drop cloth, dust and debris clean up around the access point/vent. If furniture
needs to be moved, contact office or building manager - ensure no smudges, scratches
or stains on the ceiling, walls or floor of the surrounding area - report damage as soon as
possible to building manager.
Access Openings
A. Access will be cut into ductwork (if necessary) with prior written approval from the City's
project representative for the purpose of proper cleaning. Sheet metal panels with proper
caulking ("Vulkem" or acceptable alternate) and of the same or heavier gauge metal
shall be used for repair after the cleaning process.
Cooling and Heating Coils
A. Coils and drain pans shall be cleaned with 'Calgon Cal-Clean' (or equivalent)
concentrated coil cleaner. Drain lines shall be thoroughly cleaned and cleared prior to
pressure washing in order to assure complete and safe drainage.
B. All coil fins shall be combed with the proper fin comb to correct any distortion and
remove any solids buildup prior to pressure washing. Any fins that are distorted during
the cleaning process will be re- combed upon completion.
C. A sanitizer shall be applied to coils and drain pans.
Plenum Areas
A. All interior surfaces shall be hand vacuumed. Plenum areas shall be inspected and
sealed airtight with an approved caulking ("Vulkem" or equivalent)
B. Fiberglass insulating material found to be in need of repair shall be repaired or replaced,
and be properly bonded with adhesive, clips, and proper lagging material.
C. A sanitizer shall be applied to all surfaces.
Fans and Housings
A. Fans and fan assemblies shall be thoroughly cleaned by vacuuming and high air
pressure. Degreasing, scraping wire brushing and pressure washing will be performed
where it is required.
B. A sanitizer shall be applied to fans and housings.
Dampers, Motors, and Linkage
A. Dampers will be inspected and repaired. Repairs will include straightening and aligning
of blades and linkages.
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Title: HVAC Exhaust and Duct Cleaning
B. All dampers, motors and linkages will be lubricated and set to their ORIGINAL
POSITION upon completion of work.
Diffusers, Registers, and Grilles
A. All diffusers, registers and grilles shall be removed (if possible), pressure washed, wiped
down and sanitized. The cleaning agent shall not be so harsh as to cause damage to the
finish. The terminals shall be reinstalled as found with no visible alterations caused by
the removal (unless noted and accepted by the City of Phoenix.)
Air Duct (Supply, Return & Exhaust)
A. All ducts shall be thoroughly cleaned by vacuuming, brushing and air sweeping.
Ductwork that does not allow complete access shall be entered by means of creating an
access hole.
B. Any damaged areas requiring repair will be brought to the ordering department
representative or project manager's attention.
C. Minor repairs (i.e. caulking, reconnection etc.) shall be performed during the normal
course of the contractor's work and shall be included in Offeror's price.
Sanitizer
A. All sanitizers should be biodegradable. All use of sanitizers, such as Nu-calgon
Bacteriastat or equivalent, shall be identified and approved by the Ordering Department
Representative prior to commencement of Contractor's services.
3.3. Cost
A. Cost shall be invoiced in accordance with Attachment B - Pricing Proposal.
B. All costs incurred by the Contractor for the provision of services, including but not limited
to direct labor costs, indirect costs, overhead, administrative costs, and the cost of
materials, shall be encompassed within the agreed-upon rate for services as specified in
Attachment B. The rate is inclusive of all expenses required to fulfill the contractual
obligations.
C. The Contractor shall not bill the City for any costs beyond the hourly rate, except as
expressly provided for in this contract and subject to prior written approval by the City.
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Title: HVAC Exhaust and Duct Cleaning
4.
Standard Terms and Conditions
4.1. Definition of Key Words Used in the Solicitation
Shall, Will, Must: Indicates a mandatory requirement. Failure to meet these mandatory
requirements may result in the rejection of Offer as non-responsive.
Should: Indicates something that is recommended but not mandatory. If the Offeror fails to
provide recommended information, the City may, at its sole option, ask the Offeror to provide
the information or evaluate the Offer without the information.
May: Indicates something that is not mandatory but permissible.
For purposes of this solicitation, the following definitions will apply:
"A.RS." Arizona Revised Statute
"Buyer'' or "Procurement Officer'' City of Phoenix staff person responsible for the solicitation.
The City employee or employees who have specifically been designated to act as a contact
person or persons to the Contractor, and responsible for monitoring and overseeing the
Contractor's performance under this contract.
"City" The City of Phoenix
"Contractor" The individual, partnership, or corporation who, as a result of the competitive
process, is awarded a contract by the City of Phoenix.
"Contract" or "Agreement" The legal agreement executed between the City of Phoenix, AZ and
the Contractor.
"Days" Means calendar days unless otherwise specified.
"Chief Procurement Officer'' The contracting authority for the City of Phoenix, AZ, authorized to
sign contracts and amendments thereto on behalf of the City of Phoenix, AZ.
"Employer'' Any individual or type of organization that transacts business in this state, that has a
license issued by an agency in this state and employs one or more employees in this state.
Employer includes this state, any political subdivision of this state and self-employed persons. In
the case of an independent contractor, employer means the independent contractor and does
not mean the person or organization that uses contract labor. (A.RS. 23-211 ).
"Offer'' Means a response from a Supplier, Contractor, or Service Provider to a solicitation
request that, if awarded, binds the Supplier, Contractor, or Service Provider to perform in
accordance with the contract. Same as bid, proposal, quotation or tender.
"Offerer'' Any Vendor, Seller or Supplier submitting a competitive offer in response to a
solicitation from the City. Same as Bidder or Proposer.
"Solicitation" Means an Invitation for Bid (IFB), Request for Proposal (RFP), Request for
Quotations (RFQ), Request for Qualifications (RFQu) and request for sealed Offers, or any
other type of formal procurement which the City makes public through advertising, mailings, or
some other method of communication. It is the process by which the City seeks information,
proposals, Offers, or quotes from suppliers.
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Title: HVAC Exhaust and Duct Cleaning
"Suppliers" Firms, entities or individuals furnishing goods or services to the City.
"Vendor or Seller'' A seller of goods or services.
4.2. Contract Interpretation
A. Applicable Law: This Contract will be governed by the law of the State of Arizona, and
suits pertaining to this Contract will be brought only in Federal or State courts in
Maricopa County, State of Arizona.
B. Contract Order of Precedence: In the event of a conflict in the provisions of the
Contract, as accepted by the City and as they may be amended, the following will prevail
in the order set forth below:
1. Federal terms and conditions, if any
2. Special terms and conditions
3. Standard terms and conditions
4. Amendments
5. Statement or scope of work
6. Specifications
7. Attachments
8. Exhibits
9. Instructions to Contractors
10. Other documents referenced or included in the Solicitation
C. Organization - Employment Disclaimer: The Agreement resulting hereunder is not
intended to constitute, create, give rise to or otherwise recognize a joint venture
agreement or relationship, partnership or formal business organization of any kind, and
the rights and obligations of the parties will be only those expressly set forth in the
agreement. The parties agree that no persons supplied by the Contractor in the
performance of Contractor's obligations under the agreement are considered to be City's
employees and that no rights of City civil service, retirement or personnel rules accrue to
such persons. The Contractor will have total responsibility for all salaries, wage bonuses,
retirement, withholdings, workmen's compensation, occupational disease compensation,
unemployment compensation, other employee benefits and all taxes and premiums
appurtenant thereto concerning such persons, and will save and hold the City harmless
with respect thereto.
D. Severability: The provisions of this Contract are severable to the extent that any
provision or application held to be invalid will not affect any other provision or application
of the contract which may remain in effect without the invalid provision or application.
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Title: HVAC Exhaust and Duct Cleaning
E. Non-Waiver of Liability: The City of Phoenix as a public entity supported by tax
monies, in execution of its public trust, cannot agree to waive any lawful or legitimate
right to recover monies lawfully due it. Therefore, any Contractor agrees that it will not
insist upon or demand any statement whereby the City agrees to limit in advance or
waive any right the City might have to recover actual lawful damages in any court of law
under applicable Arizona law.
F. Parol Evidence: This Agreement is intended by the parties as a final expression of their
agreement and is intended also as a complete and exclusive statement of the terms of
this agreement. No course of prior dealings between the parties and no usage in the
trade will be relevant to supplement or explain any term used in this Contract.
Acceptance or acquiescence in a course of performance rendered under this contract
will not be relevant to determine the meaning of this Contract even though the accepting
or acquiescing party has knowledge of the nature of the performance and opportunity to
object.
4.3. Contract Administration and Operation
A. Records: All books, accounts, reports, files and other records relating to the contract will
be subject at all reasonable times to inspection and audit by the City for five years after
completion of the contract. Such records will be produced at a City of Phoenix office as
designated by the City. Confidentiality will be maintained, and City will not violate any
proprietary or other confidentiality agreements Contractor has in place.
B. Discrimination Prohibited: Contractor agrees to abide by the provisions of the Phoenix
City Code Chapter 18, Article V as amended. Any Contractor, in performing under this
contract, will not discriminate against any worker, employee or applicant, or any member
of the public, because of race, color, religion, sex, national origin, age or disability nor
otherwise commit an unfair employment practice. The supplier and/or lessee will take
action to ensure that applicants are employed, and employees are dealt with during
employment without regard to their race, color, religion, sex, or national origin, age or
disability and adhere to a policy to pay equal compensation to men and women who
perform jobs that require substantially equal skill, effort and responsibility, and that are
performed within the same establishment under similar working conditions. Such action
will include but not be limited to the following: Employment, promotion, demotion or
transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or
other forms of compensation; and selection for training; including apprenticeship. The
supplier further agrees that this clause will be incorporated in all subcontracts with all
labor organizations furnishing skilled, unskilled and union labor, or who may perform any
such labor or services in connection with this contract. Contractor further agrees that this
clause will be incorporated in all subcontracts, job-contractor agreements or subleases
of this agreement entered into by supplier/lessee.
C. Equal Employment Opportunity and Pay: In order to do business with the City,
Contractor must comply with Phoenix City Code, 1969, Chapter 18, Article V, as
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Title: HVAC Exhaust and Duct Cleaning
amended, Equal Employment Opportunity Requirements. Contractor will direct any
questions in regard to these requirements to the Equal Opportunity Department, (602)
262-6790.
1. For a Contractor with 35 employees or fewer: Contractor in performing under this
Agreement shall not discriminate against any worker, employee or applicant, or any
member of the public, because of race, color, religion, sex, national origin, age, or
disability, nor otherwise commit an unfair employment practice. The Contractor will
ensure that applicants are employed, and employees are dealt with during
employment without regard to their race, color, religion, sex, national origin, age, or
disability. Such action shall include but not be limited to the following: employment,
promotion, demotion or transfer, recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of compensation; and selection for training;
including apprenticeship. The Contractor further agrees that this clause will be
incorporated in all subcontracts related to this Agreement that involve furnishing
skilled, unskilled and union labor, or who may perform any such labor or services in
connection with this Agreement. Contractor further agrees that this clause will be
incorporated in all subcontracts, Contractor agreements or subleases of this
agreement entered into by supplier/lessee.
2. For a Contractor with more than 35 employees: Contractor in performing under
this Agreement shall not discriminate against any worker, employee or applicant, or
any member of the public, because of race, color, religion, sex, national origin, age,
or disability, nor otherwise commit an unfair employment practice. The Contractor will
ensure that applicants are employed, and employees are dealt with during
employment without regard to their race, color, religion, sex, national origin, age, or
disability, and shall adhere to a policy to pay equal compensation to men and women
who perform jobs that require substantially equal skill, effort, and responsibility, and
that are performed within the same establishment under similar working conditions.
Such action shall include but not be limited to the following: employment, promotion,
demotion or transfer, recruitment or recruitment advertising, layoff or termination;
rates of pay or other forms of compensation; and selection for training; including
apprenticeship. The Contractor further agrees that this clause will be incorporated in
all subcontracts with all labor organizations furnishing skilled, unskilled and union
labor, or who may perform any such labor or services in connection with this
contract. Contractor further agrees that this clause will be incorporated in all
subcontracts, job-Contractor agreements or subleases of this Agreement entered
into by supplier/lessee. The Contractor further agrees not to discriminate against any
worker, employee or applicant, or any member of the public, because of sexual
orientation or gender identity or expression and shall ensure that applicants are
employed, and employees are dealt with during employment without regard to their
sexual orientation or gender identity or expression.
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Invitation For Bid #IFB-24-0078
Title: HVAC Exhaust and Duct Cleaning
3. Documentation: Suppliers and lessees may be required to provide additional
documentation to the Equal Opportunity Department affirming that a
nondiscriminatory policy is being utilized.
4. Monitoring: The Equal Opportunity Department shall monitor the employment
policies and practices of suppliers and lessees subject to this article as deemed
necessary. The Equal Opportunity Department is authorized to conduct on-site
compliance reviews of selected firms, which may include an audit of personnel and
payroll records, if necessary.
D. Legal Worker Requirements: The City of Phoenix is prohibited by A.R.S. § 41-4401
from awarding a contract to any Contractor who fails, or whose subcontractors fail, to
comply with A.R.S. § 23-214(A). Therefore, Contractor agrees that:
1. Contractor and each subcontractor it uses warrants their compliance with all federal
immigration laws and regulations that relate to their employees and their compliance
with A.R.S. § 23-214, subsection A.
2. A breach of a warranty under paragraph 1 will be deemed a material breach of the
contract that is subject to penalties up to and including termination of the contract.
3. The City of Phoenix retains the legal right to inspect the papers of any Contractor or
subcontractor employee who works on the contract to ensure that the Contractor or
subcontractor is complying with the warranty under paragraph 1.
E. Health, Environmental, and Safety Requirements: The Contractor's products,
services and facilities will be in full compliance with all applicable Federal, State and
local health, environmental and safety laws, regulations, standards, codes and
ordinances, regardless of whether or not they are referred to by the City. At the request
of City representatives, the Contractor will provide the City:
1. Environmental, safety and health regulatory compliance documents (written safety
programs, training records, permits, etc.) applicable to services provided by the
Contractor in this contract.
2. A list of all federal, state, or local (EPA, OSHA, Maricopa County, etc.) citations or
notice of violations issued against their firm or their subcontractors including dates,
reasons, dispositions and resolutions.
3. The City will have the right, but not the obligation to inspect the facilities,
transportation vehicles or vessels, containers and disposal facilities provided by the
Contractor or subcontractor. The City will also have the right to inspect operations
conducted by the Contractor or subcontractor in the performance of this agreement.
The City further reserves the right to make unannounced inspections of the
Contractor's facilities (during normal business hours).
F. Compliance with Laws: Contractor agrees to fully observe and comply with all
applicable Federal, State and local laws, regulations, standards, codes and ordinances
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Title: HVAC Exhaust and Duct Cleaning
when performing under this Contract regardless of whether they are being referred to by
the City. Contractor agrees to permit City inspection of Contractor's business records,
including personnel records to verify any such compliance. Because the contractor will
be acting as an independent contractor, the City assumes no responsibility for the
Contractor's acts.
G. Lawful Presence Requirement: Pursuant to A.R.S. §§ 1-501 and -502, the City of
Phoenix is prohibited from awarding a contract to any natural person who cannot
establish that he or she is lawfully present in the United States. In order to establish
lawful presence, this person must produce qualifying identification and sign a City-
provided affidavit affirming that the identification provided is genuine. This requirement
will be imposed at the time of contract award. In the event the prevailing responder is
unable to satisfy this requirement, the City will offer the award to the next-highest scoring
responder. The law does not apply to fictitious entities such as corporations,
partnerships and limited liability companies.
H. Continuation During Disputes: Contractor agrees that notwithstanding the existence of
any dispute between the parties, insofar as is possible, under the terms of the contract,
the Contractor will continue to perform the obligations required of Contractor during the
continuation of any such dispute unless enjoined or prohibited by an Arizona Court of
competent jurisdiction.
I.
Emergency Purchases: The City reserves the right to purchase from other sources
those items which are required on an emergency basis and cannot be supplied
immediately from stock by the Contractor.
4.4. Continuation During Disputes
A. Contractor agrees as a condition of this Agreement that in the event of any dispute
between the parties, provided no Notice of Termination has been given by the City, and
if it is feasible under the terms of this Agreement each party will continue to perform the
obligations not related to the dispute required of it during the resolution of such dispute,
unless enjoined or prohibited by a court of competent jurisdiction.
B. Failure or delay by either party to exercise any right, power or privilege specified in or
appurtenant to this Agreement will not be deemed a waiver.
4.5. Costs and Payments
A. General: Any prompt payment terms offered must be clearly noted by the Contractor on
all invoices submitted to the City for the payment of goods or services received. The City
will make every effort to process payment for the purchase of material or services within
thirty to forty-five calendar days after receipt of a correct invoice, unless a good faith
dispute exists to any obligation to pay all or a portion of the account. Payment terms are
specified in the Offer.
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Title: HVAC Exhaust and Duct Cleaning
B. Payment Deduction Offset Provision: Contractor acknowledges that the City Charter
requires that no payment be made to any Contractor as long as there is an outstanding
obligation due to the City. Contractor agrees that any obligation it owes to the City will be
offset against any payment due to the Contractor from the City.
C. Late Submission of Claim by Contractor: The City will not honor any invoices or
claims which are tendered one year after the last item of the account accrued.
D. Discounts: Payment discounts will be computed from the date of receiving acceptable
products, materials and/or services or correct invoice, whichever is later to the date
payment is mailed.
E. No Advance Payments: Advance payments are not authorized. Payment will be made
only for actual services or commodities that have been received, unless addressed
specifically in the Scope of work for subscription services.
F. Fund Appropriation Contingency: The Contractor recognizes that any agreement
entered into will commence upon the day first provided and continue in full force and
effect until termination in accordance with its provisions. The Contractor and the City
herein recognize that the continuation of any contract after the close of any given fiscal
year of the City, which ends on June 30th of each year, will be subject to the approval of
the budget of the City providing for or covering such contract item as an expenditure
therein. The City does not represent that said budget item will be actually adopted, said
determination being the determination of the City Council at the time of the adoption of
the budget.
G. Maximum Prices: The City will not be invoiced at prices higher than those stated in any
contract resulting from this Offer. Contractor certifies, by signing this Offer that the prices
offered are no higher than the lowest price the Contractor charges other buyers for
similar quantities under similar conditions, as applicable and shown by quotes for like
services and goods. Contractor further agrees that any reductions in the price of the
goods or services covered by this Offer and occurring after award will apply to the
undelivered balance. The Contractor will promptly notify the City of such price
reductions.
H. F.O.B. Point: All prices are to be quoted F.O.B. destination, unless specified elsewhere
in this solicitation.
4.6. Contract Changes
A. Contract Amendments: Whenever an addition, deletion or alteration to the Services
described in EXHIBIT A- SCOPE OF WORK substantially changes the Scope of Work
thereby materially increasing or decreasing the cost of performance, a supplemental
agreement must first be approved in writing by the City and Contractor before such
addition, deletion or alteration will be performed. Changes to the Services may be made
and the compensation to be paid to Contractor may be adjusted by mutual agreement,
but in no event may the compensation exceed the amount authorized without further
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Title: HVAC Exhaust and Duct Cleaning
written authorization. It is specifically understood and agreed that no claim for extra work
done or materials furnished by Contractor will be allowed except as provided herein, nor
will Contractor do any work or furnish any materials not covered by this Agreement
unless first authorized in writing. Any work or materials furnished by Contractor without
prior written authorization will be at Contractor's risk, cost and expense, and Contractor
agrees to submit no claim for compensation or reimbursement for additional work done
or materials furnished without prior written authorization.
B. Non-Assignability:This Agreement is in the nature of a personal services contract and
Consultant shall have no power to assign this Agreement, including any right, duty, or
obligation of Consultant under this Agreement, without the prior written consent of the
City. Consultant shall not subcontract with any third party for any component of the
Services without the prior written consent of the City. Any attempt to assign or
subcontract without the City's prior written consent shall be void.
An essential
consideration provided to the City by Consultant to induce the City to enter into the
Agreement is Consultant's representation that the individual(s) performing services shall
include Consultant's principals as selected through the Qualified Vendor solicitation
process. Therefore, should such named individual(s) sever their relationship with
Consultant, or otherwise be unavailable to carry out Consultant's duties under this
Agreement for a period of time deemed to be excessive by the City in its sole and
absolute discretion, then the City may, without notice, immediately terminate this
Agreement for cause.
C. Non-Exclusive Contract: Any contract resulting from this solicitation will be awarded
with the understanding and agreement that it is for the sole convenience of the City. The
City reserves the right to obtain like goods or services from another source when
necessary.
4.7. Risk of Loss and Liability
A. Title and Risk of Loss: The title and risk of loss of material or service will not pass to
the City until the City actually receives the material or service at the point of delivery; and
such loss, injury, or destruction will not release seller from any obligation hereunder.
B. Acceptance: All material or service is subject to final inspection and acceptance by the
City. Material or service failing to conform to the specifications of this contract will be
held at Contractor's risk and may be returned to the Contractor. If so returned, all costs
are the responsibility of the Contractor. Noncompliance will conform to the cancellation
clause set forth in this document.
C. Force Majeure: Except for payment of sums due, neither party will be liable to the other
nor deemed in default under this contract if and to the extent that such party's
performance of this contract is prevented by reason of force majeure. The term "force
majeure" means an occurrence that is beyond the control of the party affected and
occurs without its fault or negligence. Force majeure will not include late performance by
a subcontractor unless the delay arises out of a force majeure occurrence in accordance
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Title: HVAC Exhaust and Duct Cleaning
with this force majeure term and condition. If either party is delayed at any time in the
progress of the work by force majeure, the delayed party will notify the other party in
writing of such delay, as soon as is practical, of the commencement thereof and will
specify the causes of such delay in such notice. Such notice will be hand-delivered or
mailed certified-return receipt and will make a specific reference to this provision,
thereby invoking its provisions. The delayed party will cause such delay to cease as
soon as practicable and will notify the other party in writing when it has done so. The
time of completion will be extended by contract modification for a period of time equal to
the time that results or effects of such delay prevent the delayed party from performing in
accordance with this contract.
D. Loss of Materials: The City does not assume any responsibility, at any time, for the
protection of or for loss of materials, from the time that the contract operations have
commenced until the final acceptance of the work by the City.
E. Contract Performance: Contractor will furnish all necessary labor, tools, equipment,
and supplies to perform the required services at the City facilities designated, unless
otherwise specifically addressed in the scope, or elsewhere in this Agreement. The
City's authorized representative will decide all questions which may arise as to the
quality and acceptability of any work performed under the contract. If, in the opinion of
the City's authorized representative, performance becomes unsatisfactory, the City will
notify the Contractor. The Contractor will have 30 days from that time to correct any
specific instances of unsatisfactory performance, unless a different amount of time is
specified in the agreement. In the event the unsatisfactory performance is not corrected
within the time specified, the City will have the immediate right to complete the work to
its satisfaction and will deduct the cost to cover from any balances due or to become due
the Contractor. Repeated incidences of unsatisfactory performance may result in
cancellation of the agreement for default.
F. Damage to City Property: Contractor will perform all work so that no damage to the
building or grounds results. Contractor will repair any damage caused to the satisfaction
of the City at no cost to the City. Contractor will take care to avoid damage to adjacent
finished materials that are to remain. If finished materials are damaged, Contractor will
repair and finish to match existing material as approved by the City at Contractor's
expense.
4.8. City's Contractual Rights
Whenever one party to this contract in good faith has reason to question the other party's intent
to perform, the former party may demand that the other party give a written assurance of this
intent to perform. In the event that a demand is made and no written assurance is given within
five days, the demanding party may treat this failure as an anticipatory repudiation of this
contract.
A. Non-Exclusive Remedies: The rights and remedies of the City under this Contract are
non-exclusive.
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B. Default in One Installment to Constitute Breach: Each installment or lot of the
agreement is dependent on every other installment or lot and a delivery of non-
conforming goods or a default of any nature under one installment or lot will impair the
value of the whole agreement and constitutes a total breach of the agreement as a
whole.
C. On Time Delivery: Because the City is providing services which involve health, safety
and welfare of the general public, delivery time is of the essence. Delivery must be made
in accordance with the delivery schedule promised by the Contractor.
D. Default: In case of default by the Contractor, the City may, by written notice, cancel this
contract and repurchase from another source and may recover the excess costs by (1)
deduction from an unpaid balance due; (2) collection against the Solicitation and/or
Performance Bond, or (3) a combination of the aforementioned remedies or other
remedies as provided by law.
E. Covenant Against Contingent Fees: Seller warrants that no person or selling agent
has been employed or retained to solicit or secure this contract upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee, excepting
bona fide employers or bona fide established commercial or selling agencies maintained
by the seller for the purpose of securing business. For breach or violation of this
warranty, the City will have the right to annul the contract without liability or in its
discretion to deduct from the contract price a consideration, or otherwise recover the full
amount of such commission, brokerage or contingent fee.
F. Cost Justification: In the event only one response is received, the City may require that
the Contractor submit a cost proposal in sufficient detail for the City to perform a
cosUprice analysis to determine if the Offer price is fair and reasonable.
G. Work Product, Equipment, and Materials: All work product, equipment, or materials
created or purchased under this contract belongs to the City and must be delivered to
the City at City's request upon termination of this contract. Contractor agrees to assign
to City all rights and interests Contractor may have in materials prepared under this
contract that are "works for hire" within the meaning of the copyright laws of the United
States, including any right to derivative use of the material.
4.9. Contract Termination
A. Gratuities: The City may, by written notice to the Contractor, cancel this contract if it is
found that gratuities, in the form of entertainment, gifts or otherwise, were offered or
given by the Contractor or any agent or representative of the Contractor, to any officer or
employee of the City making any determinations with respect to the performing of such
contract. In the event this contract is canceled by the City pursuant to this provision, the
City will be entitled, in addition to any other rights and remedies, to recover or withhold
from the Contractor the amount of the gratuity.
B. Conditions and Causes for Termination:
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1. This contract may be terminated at any time by mutual written consent, or by the
City, with or without cause, upon giving thirty-day written notice to Contractor. The
City at its convenience, by written notice, may terminate this contract, in whole or in
part. If this contract is terminated, the City will be liable only for payment under the
payment provisions of this contract for services rendered and accepted material
received by the City before the effective date of termination. Title to all materials,
work-in-process and completed but undeliverable goods, will pass to the City after
costs are claimed and allowed. The Seller will submit detailed cost claims in an
acceptable manner and will permit the City to examine such books and records as
may be necessary in order to verify the reasonableness of any claims.
2. Immediately upon receiving a written notice to terminate or suspend Services,
Contractor will:
■
Discontinue advancing the work in progress, or such part that is described in the
notice.
■
Deliver to the City all collected raw data, draft reports, preliminary reports,
working papers, estimates and forecasts entirely or partially completed, together
with all unused materials supplied by the City.
■
Appraise the work it has completed and submit its appraisal to the City for
evaluation.
■
Be paid in full the pro rata value for services performed to the date of its receipt
of the Notice of Termination, including reimbursement for all reasonable costs
and expenses incurred by Contractor in terminating the work, including
demobilization of field service. No payment will be made for loss of anticipated
profits or unperformed services.
3. The City reserves the right to cancel the whole or any part of this contract due to
failure of Contractor to carry out any term, promise, or condition of the contract. The
City will issue a written notice of default to Contractor for acting or failing to act as in
any of the following:
■
In the opinion of the City, Contractor provides personnel who do not meet the
requirements of the contract;
■
In the opinion of the City, Contractor fails to perform adequately the stipulations,
conditions or services/specifications required in this contract;
■
In the opinion of the City, Contractor attempts to impose on the City personnel or
materials, products or workmanship, which is of an unacceptable quality;
■
Contractor fails to furnish the required service and/or product within the time
stipulated in the contract;
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■
In the opinion of the City, Contractor fails to make progress in the performance of
the requirements of the contract and/or gives the City a positive indication that
Contractor will not or cannot perform to the requirements of the contract.
C. Final Payment: The City shall make final payment for all Services performed and
accepted within sixty (60) days after Consultant has delivered to the City any final
progress reports, documentation, materials and evidence of costs and disbursement as
required under this Agreement.
D. Temporary Suspension. The City may, by written notice, direct Consultant to suspend
performance on all or any part of the Services for such period of time as may be
determined by the City to be necessary or desirable for its convenience. If such
suspension causes additional expense to Consultant in performance, and such
additional expense is not due to fault or negligence of Consultant, the payment will be
adjusted on the basis of actual costs resulting directly from the suspension, and the
period for performance of the Services will be extended by mutual agreement. Any claim
by Consultant for a price adjustment must be supported by appropriate documentation
asserted promptly after Consultant has been notified to suspend performance.
E. Contract Cancellation: All parties acknowledge that this contract is subject to
cancellation by the City of Phoenix pursuant to the provision of Section 38-511, Arizona
Revised Statutes.
4.10. Conflicts of Interest
A. Contractor acknowledges that, to the best of its knowledge, information and belief, no
person has been employed or retained to solicit or secure this Agreement upon a
promise of a commission, percentage, brokerage, or contingent fee, and that no member
of the Phoenix City Council or any employee of the City has any financial interest in the
consulting firm. For breach of violation of this warranty, the City will have the right to
annul this Agreement without liability, including any such commission, percentage,
brokerage or contingent fee.
B. The City reserves the right to immediately terminate the contract in the event that the
City determines that Contractor has an actual or apparent conflict of interest.
C. Upon a finding by the City that gratuities in the form of entertainment, gifts or
inducements were offered or given by Contractor, or any agent or representative of
Contractor, to any officer or employee of the City for the purpose of securing this
Agreement, or securing favorable treatment with respect to the awarding, amending, or
making of any determination with respect to the performance of this Agreement, the City
may, by one calendar day written notice to Contractor, terminate the right of Contractor
to proceed under this Agreement, provided that the existence of the facts upon which the
City made such finding will be an issue and may be litigated in an Arizona court of
competent jurisdiction. In the event of such termination, the City will be entitled to the
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same remedies against Contractor as could be pursued in the event of default by
Contractor.
D. This Agreement is subject to the requirements of Arizona Revised Statutes §38-511.
4.11. Waiver of Claims for Anticipated Profits
Contractor waives any claims against the City and its officers, officials, agents and employees
for loss of anticipated profits caused by any suit or proceeding, directly or indirectly, involving
any part of this Agreement.
4.12. State and Local Transaction Privilege Taxes
In accordance with applicable state and local law, transaction privilege taxes may be applicable
to this transaction. The state and local transaction privilege (sales) tax burden and legal liability
to remit taxes are on the Contractor that is conducting business in Arizona and the City of
Phoenix. Any failure by the Contractor to collect applicable taxes from the City will not relieve
the Contractor from its obligation to remit taxes. It is the responsibility of the prospective bidder
to determine any applicable taxes. The City will look at the price or offer submitted and will not
deduct, add or alter pricing based on speculation or application of any taxes, nor will the City
provide advice or guidance. If you have questions regarding your tax liability, please seek
advice from a tax professional prior to submitting your Offer. You may also find information at
https://www.phoenix.gov/finance/plt or https://www.azdor.gov/Business. Once your Offer is
submitted, the Offer is valid for the time specified in this Solicitation, regardless of mistake or
omission of tax liability. If the City finds over payment of a project due to tax consideration that
was not due, the Contractor will be liable to the City for that amount, and by contracting with the
City, the Contractor agrees to remit any overpayments back to the City for miscalculations on
taxes included in an offer price.
4.13. Tax Indemnification
Contractor will pay all federal, state and local taxes applicable to its operation and any persons
employed by the Contractor, and require the same of all subcontractors. Contractor will hold the
City harmless from any responsibility for taxes, damages and interest, if applicable,
contributions required under federal, and/or state and local laws and regulations and any other
costs including transaction privilege taxes, unemployment compensation insurance, Social
Security and Worker's Compensation, and require the same of all subcontractors.
4.14. Tax Responsibility Qualification
Contractor may be required to establish, to the satisfaction of City, that any and all fees and
taxes due to the City or the State of Arizona for any License or Transaction Privilege taxes, Use
Taxes or similar excise taxes, are currently paid (except for matters under legal protest).
Contractor agrees to a waiver of the confidentiality provisions contained in the City Finance
Code and any similar confidentiality provisions contained in Arizona statutes relative to State
Transaction Privilege Taxes or Use Taxes. Contractor agrees to provide written authorization to
the City Finance Department and to the Arizona State Department of Revenue to release tax
information relative to Arizona Transaction Privilege Taxes or Arizona Use Taxes in order to
assist the Department in evaluating Contractor's qualifications for and compliance with contract
for duration of the term of contract.
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4.15. No Israel Boycott
If this Contract is valued at $100,000 or more and requires Contractor (a company engaging in
for-profit activity and having ten or more full-time employees) to acquire or dispose of services,
supplies, information technology, or construction, then Contractor must certify and agree that it
does not and will not boycott goods or services from Israel, pursuant to Title 35, Chapter 2,
Article 9 of the Arizona Revised Statutes. Provided that these statutory requirements are
applicable, Contractor by entering this Contract now certifies that it is not currently engaged in,
and agrees for the duration of the Contract to not engage in, a boycott of goods or services from
Israel.
4.16. Advertising
Except as required by law, Contractor shall not publish, release, disclose or announce to any
member of the public, press, official body, or any other third party any information or documents
concerning this Agreement or any part thereof without the prior written consent of the City. The
name of any City site on which services are performed by the Contractor pursuant to this
Agreement shall not be used in any advertising or other promotional context by Contractor
without the prior written consent of the City.
4.17. Strict Performance
Failure of either party to insist upon the strict performance of any item or condition of the
contract or to exercise or delay the exercise of any right or remedy provided in the contract, or
by law, or the acceptance of materials or services, obligations imposed by this contract, or by
law, will not be deemed a waiver of any right of either party to insist upon the strict performance
of the contract.
4.18. Authorized Changes
The City reserves the right at any time to make changes in any one or more of the following: (a)
specifications; (b) methods of shipment or packing; (c) place of delivery; (d) time of delivery;
and/or (e) quantities. If the change causes an increase or decrease in the cost of or the time
required for performance, an equitable adjustment may be made in the price or delivery
schedule, or both. Any claim for adjustment will be deemed waived unless asserted in writing
within sixty days from the receipt of the change. Price increases or extensions of delivery time
will not be binding on the City unless evidenced in writing and approved by the Chief
Procurement Officer prior to the institution of the change.
4.19. Costs and Payment
A. Under this Agreement, the City will pay for services at a fixed or hourly bill rate of
$dollars cents ($hourly or fixed rate USD) per hour, with no additional charges for
overhead, benefits, local travel or administrative support. The total amount to be remitted
by the City to Consultant for all Services satisfactorily performed under this Agreement
shall not exceed WRITE OUT THE AMOUNT Dollars USD ($NUMBER AMOUNT USD)
per year including reasonable and necessary travel expenses (if such travel expenses
are approved in advance by the City and included in the Fee Schedule (Exhibit D)).
Payments shall be made in proportion to the Services performed and no more than
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ninety percent (90%) of the total contract price shall be paid before the work is totally
completed and accepted by the City.
B. City will pay any sales or use taxes resulting from this Agreement. Consultant shall be
solely responsible for payment of taxes based on Consultant's income. Consultant
agrees that on all billings, invoices, books and records relating to this Agreement,
Consultant will state the charges imposed for the sale, transfer and licensing of tangible
personal property separately from charges imposed for professional, personal and
technological services including, but not limited to, software installation, modification,
training, consulting and technical telephone support.
C.
Invoices. Consultant shall submit invoices in arrears, on every other week basis. Each
invoice will clearly note any Purchase Order number and be accompanied with itemized
receipts which include approved timesheets. The invoice will be submitted free of
mathematical errors and/or missing supporting documentation. All appropriate
documentation supporting the charges reflected in the invoice will be provided with the
invoice. Upon finding of an error and/or missing documentation, the City may return the
invoice to the Consultant. Consultant will promptly resubmit the revised invoice to the
City. Each revised invoice will document the date that the revised invoice is submitted to
the City. Requests for payment must be submitted with documentation of dates and
hours worked, hourly rate charged, and a detailed description of the Services performed.
Oversight by the City in identifying an error does not result in waiver of any of the City's
rights. All properly submitted invoices will be paid promptly after the City's receipt of the
invoice.
D.
Commencement of Work. The Consultant is cautioned not to commence any billable
work or provide any material or service under this Agreement until Consultant receives a
fully executed contract document or otherwise directed to do so, in writing by the City.
E. Late Submission of Claim by Contactor. The City will not honor any invoices or claims
which are tendered one (1) year after the last item of the account accrued.
F. No Advance Payments. Advance payments are not authorized. Payment will be made
only for actual services or commodities that have been received.
G. Fund appropriation Contingency. The Consultant recognizes that this Agreement shall
commence upon the day first provided and continue in full force and effect until
termination in accordance with its provisions. The Consultant and the City herein
recognize that the continuation of any Agreement after the close of any given fiscal year
of the City of Phoenix, which fiscal year ends on June 30 of each year, shall be subject
to the approval of the budget of the City of Phoenix providing for or covering such
contract item as an expenditure therein. The City does not represent that said budget
item will be actually adopted, said determination being the determination of the City
Council at the time of the adoption of the budget.
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H. IRS W9 Form. In order to receive payment, the Consultant shall have a current IRS W-9
form on file with the City of Phoenix. The form can be downloaded at
http://www.irs.gov/pub/irs-pdf/fw9.pdf
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5.
Special Terms and Conditions
5.1. Term of Contract
The term of this Contract will commence on or about 4/1/2024 and will continue for a period of
five (5) years thereafter.
5.2. Price
All prices offered shall be firm and fixed for the entire term of the contract.
5.3. Price
All prices submitted shall be firm and fixed for the initial two-year of the contract. Thereafter,
price increases will be considered annually provided the adjustments are submitted in writing
with 60 days' notice to the Procurement Officer. Price increase requests shall be accompanied
with written documentation to support the increase, such as a letter from the manufacturer,
published price index, applicable change in law, etc. Price decrease requests do not require
supporting documentation and are allowed at any time during the contract term.
The City will be the sole judge in determining the allowable increase amount. Price increases
agreed to by any staff other than the Chief Procurement Officer are invalid. The Contractor
acknowledges and agrees to repay all monies paid because of a requested price increase
unless the increase was specifically approved, in writing, by the Chief Procurement Officer.
5.4. Free on Board (FOB)
Prices quoted shall be FOB destination and delivered, as required, to the following point(s):
Various City of Phoenix locations.
5.5. Method of Ordering
Contractor shall deliver items and/or services only upon receipt of a written purchase order. All
Contractor invoices and packing/delivery tickets must include the City of Phoenix purchase
order number.
5.6. Method of Invoicing
Invoice must be emailed in .pdf format to invoices@phoenix.gov and must include the following:
•
City purchase order number or shopping cart number
•
Items listed individually by the written description and part number
•
Unit price, extended and totaled
•
Quantity ordered, back ordered, and shipped
•
Applicable tax
•
Invoice number and date
•
Delivery address
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•
Payment terms
•
FOB terms
•
Remit to address
5. 7. Method of Payment
Payment to be made from Contractor's invoice and a copy of the signed delivery/service ticket
submitted to cover items received and accepted during the billing period.
5.8. Partial Payments
Partial payments are not authorized on individual purchase orders. Payment will be made upon
final delivery and acceptance of all goods and services on the purchase order.
5.9. Cooperative Agreement
In addition to the City and with approval of the Contractor, this contract may be extended for use
by other municipalities and government agencies in the State of Arizona.
5.10. Public Records
A. Notwithstanding any provisions of this Agreement regarding confidentiality, secrets, or
protected rights, the Contractor acknowledges that all documents provided to the City
may be subject to disclosure by laws related to open public records. Consequently, the
Contractor understands that disclosure of some or all of the items subject to this
Agreement may be required by law.
B. In the event City receives a request for disclosure that is reasonably calculated to
incorporate information that might be considered confidential by Contractor, the City
agrees to provide the Contractor with notice of that request, which shall be deemed
given when deposited by the City with the USPS for regular delivery to the address of
the Contractor specified in their proposal. Within ten days of City notice by the City, the
Contractor will inform the City in writing of any objection by the Contractor to the
disclosure of the requested information. Failure by the Contractor to object timely shall
be deemed to waive any objection and any remedy against the City for disclosure.
C. In the event the Contractor objects to disclosure within the time specified, the Contractor
agrees to handle all aspects related to request, including properly communicating with
the requester and timely responding with information the disclosure of which the
Contractor does not object thereto. Furthermore, the Contractor agrees to indemnify and
hold harmless the City from any claims, actions, lawsuits, or any other controversy or
remedy, in whatever form, that arises from the failure to comply with the request for
information and the laws pertaining to public records, including defending the City in any
legal action and payment of any penalties or judgments. This provision shall survive the
termination of this Agreement.
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5.11. Background Screening
Contractor agrees that all Contractor and subcontractors' workers (collectively "Contract
Worker(s))" pursuant to this Agreement will be subject to background and security checks and
screening (collectively "Background Screening") at Contractor's sole cost and expense, unless
otherwise provided for in the scope of work. Contractor's background screening will comply with
all applicable laws, rules and regulations. Contractor further agrees that the background
screening is necessary to preserve and protect the public health, safety and welfare. The City
requires a completed Contract Worker Badge/Key/Intrusion Detection Responsibilities
Agreement for each Contract Worker who requires a badge or key.
5.12. Background Screening Risk Level
The City has established two levels of risk: Standard and Maximum risk. If the scope of work
changes, the City may amend the level of risk, which could require the Contractor to incur
additional contract costs to obtain background screens or badges.
5.13. Materiality of Background Screening Requirements; Indemnity
The background screening requirements are material to City's entry into this agreement and any
breach of these provisions will be deemed a material breach of this contract. In addition to the
indemnity provisions set forth in this agreement, Contractor will defend, indemnify and hold
harmless the City for all claims arising out of this background screening section including, but
not limited to, the disqualifications of a Contract Worker by Contractor. The background
screening requirements are the minimum requirements for the Agreement. The City in no way
warrants that these minimum requirements are sufficient to protect Contractor from any liabilities
that may arise out of the Contractor's services under this Agreement or Contractor's failure to
comply with this section. Therefore, Contractor and its Contract Workers will take any
reasonable, prudent and necessary measures to preserve and protect public health, safety and
welfare when providing services under this Agreement.
5.14. Continuing Duty; Audit
Contractor's obligations and requirements will continue throughout the entire term of this
Agreement. Contractor will maintain all records and documents related to all background
screenings and the City reserves the right to audit Contractor's records.
5.15. Variances and Exemptions
Contract Workers who fall under the following areas may be considered exempt from this policy:
•
Federal Homeland Defense Bureau.
•
Transportation Security Administration.
•
Federal Aviation Administration.
•
Department of Public Safety (DPS) Administration - presenting a current Level One
Department of Public Safety fingerprint card.
•
Arizona or other State Bars.
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•
Other background checks performed within the last three to five years may be approved
if they fit all required criteria herein, at the City's discretion.
5.16. Contractor's Default; Liquidated Damages; Reservation of Remedies
for Material Breach
If Contractor is required to access any City facilities without an escort, City badging is required.
Contractor's default under this section will include, but is not limited to, the following:
•
Contract Worker gains access to a City facility(s) without the proper badge or key;
•
Contract Worker uses a badge or key of another to gain access to a City facility;
•
Contract Worker commences services under this agreement without the proper badge,
key or background screening;
•
Contract Worker or Contractor submits false information or negligently submits wrong
information to the City to obtain a badge, key or applicable background screening; or
•
Contractor fails to collect and timely return Contract Worker's badge or key upon
termination of Contract Worker's employment, reassignment of Contract Worker to
another City facility or upon the expiration, cancellation or termination of this Agreement.
•
Contractor acknowledges and agrees that the access control, badge and key
requirements in this section are necessary to preserve and protect the public health,
safety and welfare. Accordingly, Contractor agrees to properly cure any default under
this section within three business days (excluding weekends and City holidays) from the
date notice of default is sent by the City. The parties agree that Contractor's failure to
properly cure any default under this section will constitute a breach of this section. In
addition to any other remedy available to the City at law or in equity, the Contractor will
be liable for and pay to the City the sum of $1,000.00 for each breach by Contractor in
this section. The parties further agree that the sum fixed above is reasonable and
approximates the actual or anticipated loss to the City at the time and making of this
agreement if Contractor breaches this section. Further, the parties expressly
acknowledge and agree to the fixed sum set forth above because of the difficulty of
proving the City's actual damages if Contractor breaches this section. The parties further
agree that three breaches by Contractor in this section arising out of any default within a
consecutive period of three months or three breaches by Contractor in this section
arising out of the same default within a period of 12 consecutive months will constitute a
material breach of this agreement by Contractor and the City expressly reserves all of its
rights, remedies and interests under this agreement, at law and in equity including, but
not limited to, termination of this agreement.
5.17. Employee Identification and Access
Contract Workers are forbidden access to designated restricted areas. Access to each building
will be as directed by the authorized Phoenix authorized representative. Contract Workers are
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not authorized access other than during scheduled hours. Access to the building will be directed
by the City's authorized representative.
Only authorized Contract Workers are allowed on the premises of the City facilities/buildings.
Contract Workers are not to be accompanied in the work area by acquaintances, family
members, assistants or any other person unless said person is an authorized Contract Worker.
Unless otherwise provided for in the scope of work:
•
Contract Workers must always have city issued badges and some form of verifiable
company identification (badge, uniform, employee id).
•
Contractor will supply a list of the names and titles of all employees requiring access to
the buildings. It is the Contractor's responsibility to provide updates and changes of
personnel as necessary.
5.18. Key Access Procedures
If the Contractor Worker's services require keyed access to enter a City facility(ies), a separate
key issue/return form must be completed and submitted by the Contractor for each key issued.
Contractor must submit the completed key issue/return form to the appropriate badging office.
5.19. Stolen or Lost Badges or Keys
Contractor must immediately report lost or stolen badges or keys to the City's appropriate
badging office. If the badge/key was stolen, Contract Worker's must report the theft to their local
police department. Prior to issuance of a new badge or key, a new badge application or key
issue form must be completed, submittal of a police department report for stolen badges, and
applicable payment of the fee(s) listed herein.
5.20. Return of Badge or Key
All badges and keys are the property of the City and must be returned to the City at the badging
office within one business day (excluding weekends and City holidays) of when the Contract
Worker's access to a City facility is no longer required to furnish the services under this
agreement. Contractor will collect a Contract Worker's badge and key(s) upon the termination of
the Contract Worker's employment; when the Contractor Worker's services are no longer
required at a City facility(s); or upon termination, cancellation or expiration of this agreement.
5.21. Contract Worker Background Screening
Contractor agrees that all Contract Workers that Contractor allows to perform work under this
Contract shall be subject to background and security checks and screening (Background
Screening). Contractor must pay for the cost of all Background Screenings, unless otherwise
provided in the Scope of Work. Contractor agrees that Background Screenings required by this
Section is necessary to preserve and protect public health, safety, and welfare. The Background
Screening requirements set forth in this Section are the minimum requirements for this Contract.
The City does not warrant or represent that the minimum requirements are sufficient to protect
Contractor from any liability that may arise out of Contractor's work under this Contract or
Contractor's failure to comply with this Section. Therefore, in addition to the Background
Screening measures set forth below, Contractor and its Contract Workers shall take such other
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reasonable, prudent, and necessary measures to further preserve and protect public health,
safety, and welfare when providing work under this Contract.
As used in this Section, "Contract Worker'' means a person performing work for the City,
including (1) a person or entity that has a contract with the City, (2) a worker of a person or
entity that has a contract with the City, (3) a worker of a subcontractor of a person or entity that
has a contract with the City, and (4) a worker of a tenant of the City. (City of Phoenix AR. 4.45)
5.22. City Rights Regarding Security Inquiries
In addition to a Legal Worker Background Check, the City reserves the right to require
Contractor to:
A. Have a Contract Worker provide fingerprints and execute any document that is
necessary to obtain criminal justice information pursuant to A.RS.§ 41-1750(G)(4) or
Phoenix City Code§ 4-22 or both;
B. Act on newly acquired information, whether or not the information should have been
previously discovered;
C. Unilaterally change its standards and criteria related to the acceptability of Contract
Workers; and
D. Object, at any time and for any reason, to a Contract Worker performing work under this
Contract, including supervision and oversight services.
5.23. Contractor Certification
By entering into this Contract, Contractor certifies that Contractor has read the Background
Screening requirements and criteria in this Section, understands them, and that all Background
Screening information furnished to the City is accurate, complete, and current. A Contract
Worker that is rejected for work under this Contract shall not perform any work under any other
contract or engagement Contractor has with the City without the City's prior written approval.
5.24. Contractor's Contracts and Subcontracts
Contractor shall include the terms of this Section for Contract Worker Background Screening in
all contracts and subcontracts for work performed under this Contract, including supervision and
oversight services.
5.25. Maximum Risk Background Check
A maximum risk background check must be conducted for the term of this Contract or five (5)
years, whichever is shorter. Contractor shall conduct a maximum risk background check on all
Contract Workers whose work under this Contract requires:
•
Working directly with a vulnerable adult or child under age 18,
•
Any responsibility for the receipt of payment of City funds or control of inventories,
assets, or records that are at risk of misappropriation,
•
Unescorted access to City data centers, money rooms, high-valve equipment rooms,
38
Invitation For Bid #IFB-24-0078
Title: HVAC Exhaust and Duct Cleaning
•
Access to a private residence,
•
Access to Homeland Defense Bureau-identified critical infrastructure sites or facilities, or
•
Responsibility or access to City-identified critical infrastructure sites, City networks or
data, cyber/lT/network assets, digital or cyber assets, workstations, or servers, by either
remote or direct access.
5.26. Contractor Certification
Contractor certifies to the City that Contractor has read the foregoing Background Screening
requirements and that all Background Screening information Contractor furnished to the City is
accurate, complete, and current. Contractor further certifies to the City that Contractor has
satisfied all Background Screening requirements and verified the legal worker status of each
Contract Worker as required under this Section.
39
Invitation For Bid #IFB-24-0078
Title: HVAC Exhaust and Duct Cleaning
6.
Defense and Indemnification
6.1. Standard General Defense and Indemnification
Contractor ("lndemnitor'') must defend, indemnify, and hold harmless the City of Phoenix and its
officers, officials (elected or appointed), agents, and employees ("lndemnitee") from and against
any and all claims, actions, liabilities, damages, losses or expenses (including but not limited to
court costs, attorney fees, expert fees, and costs of claim processing, investigation and
litigation) of any nature or kind whatsoever ("Losses") caused, or alleged to be caused, in whole
or in part, by the wrongful, negligent or willful acts, or errors or omissions of lndemnitor or any of
its owners, officers, directors, members, managers, agents, employees or subcontractors
("lndemnitor's Agents") arising out of or in connection with this Contract. This defense and
indemnity obligation includes holding lndemnitee harmless for any Losses arising out of or
recovered under any state's Workers' Compensation Law or arising out of the failure of
lndemnitor or lndemnitor's Agents to conform to any federal, state or local law, statute,
ordinance, rule, regulation or court decree. lndemnitor's duty to defend lndemnitee accrues
immediately at the time a claim is threatened or a claim is made against lndemnitee, whichever
is first. lndemnitor's duty to defend exists regardless of whether lndemnitor is ultimately found
liable. lndemnitor must indemnify lndemnitee from and against any and all Losses, except
where it is proven that those Losses are solely a result of lndemnitee's own negligent or willful
acts or omissions. lndemnitor will be responsible for primary loss investigation, defense and
judgment costs where this indemnification applies. In consideration of the award of this
Contract, lndemnitor waives all rights of subrogation against lndemnitee for losses arising from
the work performed by lndemnitor or lndemnitor's Agents for the City of Phoenix. The
obligations of lndemnitor under this provision survive the termination or expiration of this
Contract.
40
Invitation For Bid #IFB-24-0078
Title: HVAC Exhaust and Duct Cleaning
7.
Insurance Requirements
7.1. Consultant's Insurance
Consultant and subconsultants must procure insurance against claims that may arise from or
relate to performance of the work hereunder by Consultant and its agents, representatives,
employees and subconsultants. Consultant and subconsultants must maintain that insurance
until all their obligations have been discharged, including any warranty periods under this
Contract.
The City in no way warrants that the limits stated in this section are sufficient to protect the
Consultant from liabilities that might arise out of the performance of the work under this Contract
by the Consultant, its agents, representatives, employees, or subconsultants and Consultant
may purchase additional insurance as they determined necessary.
7.2. Scope and Limits of Insurance
Consultant must provide coverage with limits of liability not less than those stated below. An
excess liability policy or umbrella liability policy may be used to meet the liability limits provided
that (1) the coverage is written on a "following form" basis, and (2) all terms under each line of
coverage below are met.
7 .3. Commercial General Liability - Occurrence Form
General Aggregate $2,000,000
Products - Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
Each Occurrence $1,000,000
•
The policy must name the City of Phoenix as an additional insured with respect to
liability for bodily injury, property damage and personal and advertising injury with
respect to premises, ongoing operations, products and completed operations and liability
assumed under an insured contract arising out of the activities performed by, or on
behalf of the Consultant related to this Contract.
•
There shall be no endorsement or modification which limits the scope of coverage or the
policy limits available to the City of Phoenix as an additional insured.
•
City of Phoenix is an additional insured to the full limits of liability purchased by the
Consultant.
•
The Consultant's insurance coverage must be primary and non-contributory with respect
to any insurance or self-insurance carried by the City.
7.4. Automobile Liability
Bodily Injury and Property Damage coverage for any owned, hired, and non-owned vehicles
used in the performance of this Contract.
Combined Single Limit (CSL) $1,000,000
41
Invitation For Bid #IFB-24-0078
Title: HVAC Exhaust and Duct Cleaning
•
The policy must be endorsed to include the City of Phoenix as an additional insured with
respect to liability arising out of the activities performed by, or on behalf of the
Consultant, relating to this Contract.
•
City of Phoenix is an additional insured to the full limits of liability purchased by the
Consultant.
•
The Consultant's insurance coverage must be primary and non-contributory with respect
to any insurance or self-insurance carried by the City.
7.5. Worker's Compensation and Employers' Liability
Workers' Compensation Statutory
Employers' Liability
Each Accident $100,000
Disease- Each Employee $100,000
Disease - Policy Limit $500,000
•
Policy must contain a waiver of subrogation against the City of Phoenix.
•
This requirement does not apply when a consultant or subconsultant is exempt under
A.R.S. §23-902(E), AND when such consultant or subconsultant executes the
appropriate sole proprietor waiver form.
7.6. Professional Liability (Errors and Omissions Liability)
Each Claim $1,000,000
Annual Aggregate $1,000,000
•
The policy must cover liability arising from the failure to meet the professional standards
required or expected in the delivery of those services as defined in the Scope of
Services of this Contract.
•
Consultant warrants that any retroactive date under the policy must precede the effective
date of this Contract; and that either continuous coverage will be maintained, or an
extended reporting period will be exercised for a period of two (2) years beginning at the
time work under this Contract is completed.
7. 7. Notice of Cancellation
For each insurance policy required by the insurance provisions of this Contract, the Consultant
must provide to the City, within 5 business days of receipt, a notice if a policy is suspended,
voided or cancelled for any reason. Such notice must be mailed, emailed, or hand delivered to
City of Phoenix Finance Department, Procurement Division, 251 W Washington Street, Phoenix,
AZ 85003 OR procurement@phoenix.gov.
7.8. Acceptability of Insurers
Insurance is to be placed with insurers duly licensed or authorized to do business in the state of
Arizona and with an "A.M. Best" rating of not less than B+ VI. The City in no way warrants that
42
Invitation For Bid #IFB-24-0078
Title: HVAC Exhaust and Duct Cleaning
the required minimum insurer rating is sufficient to protect the Consultant from potential insurer
insolvency.
7.9. Verification of Coverage
Consultant must furnish the City with certificates of insurance (ACORD form or equivalent
approved by the City) as required by this Contract. The certificates for each insurance policy are
to be signed by a person authorized by that insurer to bind coverage on its behalf.
All certificates and any required endorsements are to be received and approved by the City
before work commences. Each insurance policy required by this Contract must be in effect at or
prior to commencement of work under this Contract and remain in effect for the duration of the
project. Failure to maintain the insurance policies as required by this Contract or to provide
evidence of renewal is a material breach of contract.
All certificates required by this Contract must be sent directly to City of Phoenix Finance
Department, Procurement Division, 251 W Washington Street, Phoenix, AZ 85003 OR
procurement@phoenix.gov. The City project/contract number and project description must be
noted on the certificate of insurance. The City reserves the right to review complete copies of all
insurance policies required by this Contract at any time. DO NOT SEND CERTIFICATES OF
INSURANCE TO THE CITY'S RISK MANAGEMENT DIVISION.
7 .10. Subconsultants
Consultant's certificates shall include all subconsultants as additional insureds under its policies
OR Consultant shall be responsible for ensuring and verifying that all subconsultants have valid
and collectable insurance. At any time throughout the life of the contract, the City of Phoenix
reserves the right to require proof from the Consultant that its subconsultants have insurance
coverage. All subconsultants providing services included under this Contract's Scope of
Services are subject to the insurance coverages identified above and must include the City of
Phoenix as an additional insured. In certain circumstances, the Consultant may, on behalf of its
subconsultants, waive a specific type of coverage or limit of liability where appropriate to the
type of work being performed under the subcontract. Consultant assumes liability for all
subconsultants with respect to this Contract.
7 .11. Approval
Any modification or variation from the insurance coverages and conditions in this Contract must
be documented by an executed contract amendment.
43
Invitation For Bid #IFB-24-0078
Title: HVAC Exhaust and Duct Cleaning
8.
Submittals
8.1. Copies
Please submit, one electronic copy of the Submittal Section and all other required
documentation. Please do not lock the electronic copy with password protection so that the
CITY may digitally incorporate the successful offer into the awarded contract.
Please submit only the Submittal Section, do not submit a copy of the entire solicitation
document. This Offer will remain in effect for a period of 180 calendar days from the opening
date, and is irrevocable unless it is in the City's best interest to release offer(s).
8.2. Solicitation Response Check List
Use this check list as a tool to review your submission to ensure that all required documents
and forms are included.
The written offer should be:
•
Typewritten for ease of evaluation
•
Signed by an authorized representative of the Offeror
•
Submitted with contact information for the individual(s) authorized to negotiate with the
City
A. Offeror's Proposal - A detailed proposal describing the firm or individual's qualifications
and experience responsive to the requirements of the solicitation and evaluation criteria.
B. Pricing Proposal - A completed pricing proposal with all requested prices, quantities,
and/or discounts completed.
C. Submittal Forms - All submittal forms are completed and signed.
D. Addenda - Signed copies of all published addenda.
Offers must be in possession of the Department on or prior to the exact time and date indicated
in the Schedule of Events. Late offers will not be considered. Electronic submission is preferred.
Due to file size limitations for electronic transmission, offers sent by email may need to be sent
in parts with multiple emails. It is the responsibility of the Offeror to ensure that the offer is
received timely and that there are no technical reasons for delay. Please refer to the Instructions
Section for complete information regarding the submission of offers.
8.3. Discount
All discounts offered shall be firm and fixed for the specified contract period. Discounts offered
must be expressed as a single percentage(%) figure for each contract item. Offers containing
chain or multiple discounts may be considered non-responsive.
44
f City of Phoenix
PRICING PROPOSAL
IFB-24-0078
10
11
12
13
Under round Return Ducts 22 inch and over duct cleanin
5.ADDITIONAL SERVICES (Optional)
$
$
$
$
$
$
$
$
$
$
$
$
Contractor may be requested to provide services associated with the HVAC Exhaust and Duct
Systems Cleaning, including but not limited to, duct/insulation repair, air curtain cleaning, interior
duct coating/fogging, dryer vent cleaning, and kitchen hood cleaning. Contractor shall present the
anticipated total cost via a quote to the Ordering Department Representative and obtain the
Representative's pre-authorization prior to starting services.
Additional
Hourly Rate
Services
Hourly Labor
$ /00. 00
Rate
YEARS IN BUSINESS AND REFERENCES
(please complete and return with the submittal)
Contractor certifies that they have provided _H_V_A_C_C_l_e_a_n_in_g _________ _
listed in this solicitation for a period of~ year(s).
Contractor shall furnish the names, addresses, and telephone numbers of a minimum of three
firms or government organizations for which the Contractor is currently furnishing or has
furnished, the goods or services.
Name of Company:
Banner Del E Webb Hospital
Name of Contact:
Dale Wolfe
Email Address:
Dale. wolfe@ba nnerhealth. com
Phone Number:
623-524-4485
Name of Company:
W.D. Manor
Name of Contact:
Alex Vazquez
Email Address:
avazquez@wdmanor.com
Phone Number:
602-722-1617
Name of Company:
City of Chandler
Name of Contact:
Andrew Prueher
Email Address:
andrew.prueher@chandleraz.gov
Phone Number:
480-415-9971
Page 1 of 1
SERVICE COMPLETION DATE
(please complete and return with the submittal)
Contractor states that all services will be completed 5
days after receipt of order. This
completion schedule shall include any time for shipping of needed materials and/or equipment.
Page 1 of 1
CONFLICT OF INTEREST AND TRANSPARENCY FORM
(please complete, sign, and return with the submittal)
This form must be signed and submitted to the City and all questions must be answered (or N/A) or
your Offer may be considered non-responsive.
1. Name of person submitting this disclosure form.
Kevin L. Uilkie
First
Ml
Last
Suffix
2. Contract Information
Solicitation # or Name: IFB-24-0078
3. Name of individual(s) or entity(ies) seeking a contract with the City (i.e. parties to the Contract)
Kevin Uilkie of K.M. Facility Services, LLC kevin@kmfacserv.com 623-930-5490
4. List any individuals{s) or entity(ies) that are owners, partners, parent, sublessees, joint venture,
or subsidiaries of the individual or entity listed in Question 3. Please include all Board members,
executive committee members and officers for each entry. If not aoolicable, indicate N/A.
Kevin Uilkie
5. List any individuals or entities that will be subcontractors on this contract or indicate N/A.
□ Subcontractors may be retained, but not known as of the time of this submission.
0
List of subcontracts, including the name of the owner(s) and business name:
N/A
6. List any attorney, lobbyist, or consultant retained by any individuals listed in Questions 3, 4, or 5
to assist in the proposal or seeking the resulting contract. If none, indicate N/A.
N/A
Page 1 of 3
City of Phoenht
7. Disclosure of Conflict of Interest:
A. City Code Section 43-34
Are you aware of any fact(s) with regard to this solicitation or resulting contract that would
raise a "conflict of interest" issue under City Code Section 43-34?
"An elected City official or a City employee shall not represent any person or business for
compensation before the City regarding any part of a procurement, including any resulting
contract, if during the time the elected official is or was in office or the employee is or was
employed by the City such elected official or employee played a material or significant role in
the development of the solicitation, any other part of the procurement, or the contract award."
0 I am not aware of any conflict(s) of interest under City Code Section 43-34.
D I am aware of the following potential or actual conflict(s) of interest:
B. ARS Sections 38-501 et. Seq. & City Charter Chapter 11
State law and the Phoenix City Charter and Code prohibit public officers or employees, their close
relatives, and any businesses they, or their relatives, own from (1) representing before the City any
person or business for compensation, (2) doing business with the City by any means other than
through a formal procurement, and (3) doing business with the City without disclosing that the
person has an interest in the contract. This prohibition extends to subcontracts on City contracts and
also applies to parent, subsidiary, or partner businesses owned by a public officer or employee. See
A.R.S. Sections 38-501 through 38-511, for more information (City Charter, Chapter 11, applies the
state conflict-of-interest law to City employees).
Please note that any contract in place at the time a person becomes a public officer or employee
may remain in effect. But the contract may not be amended, extended, modified, or changed in any
manner during the officer's or employee's city service without following city administrative
regulations.
Are you aware of any fact(s) with regard to this contract that would raise a "conflict of
interest" issue under A.RS. Sections 38-501 through 38-511 (See Arizona Revised
Statutes regarding conflict of interest at www.azleq.gov).
0 I am not aware of any conflict(s) of interest under Arizona Revised Statutes Sections
38-501 through 38-511.
D I am aware of the following conflict(s) of interest:
Page 2 of 3
8. Acknowled ements
A.Solicitation Transparency Policy - No Contact with City Officials or Staff During Evaluation
0 I understand that a person or entity who seeks or applies for a city contract, or any other
person acting on behalf of that person or entity, is prohibited from contacting city officials and
employees regarding the contract after a solicitation has been posted.
[a This "no-contact" provision only concludes when the contract is awarded at a City Council
meeting. If contact is required with City official or employees, the contact will take place in
accordance with procedures by the City. Violation of this prohibited contacts provision, set
out in City Code Sections 2-190.4 and 43-36, by respondents, or their agents, will lead to
disqualification.
B.Fraud Prevention and Reporting Policy
0
I acknowledge that the City has a fraud prevention and reporting policy and takes fraud
seriously. I will report fraud, suspicion of fraud, or any other inappropriate action to:
telephone no. 602-261-8999 or 602-534-5500 (TDD); or aud.integrity.line@phoenix.qov.
The purpose of the fraud policy is to maintain the City's high ethical standards. The policy includes a
way for our business partners to report wrongdoing or bad behavior. Suspected fraud should be
reported immediately to the Phoenix Integrity Line. The City has adopted a zero-tolerance policy
regarding fraud.
OATH
I affirm that the statements contained in this form, including any attachments, to the best of my
knowledge and belief are true, correct, and complete.
Should any of the answers to the above questions change during the course of the contract.
particularly as it relates to any changes in ownership, applicant agrees to update this form with the
new information within 30 days of such changes. Failure to do so may be deemed a breach of
contract.
Kevin Uilkie
Owner
TITLE
12/22/20
DATE
K.M. Facility Services, LLC
COMPANY CORPORATION, LLC, ETC. NAME and OBA
Page 3 of 3
CONTRACTOR LICENSING REQUIREMENTS
(please complete and return with the submittal)
Offerer shall comply with all statutes and rules of the State of Arizona and the Registrar of
Contractors. In accordance with A.RS.§ 32-1151, and unless otherwise exempted by A.R.S. §
32-1121, Offerer shall have the correct class of license as required by the Registrar of
Contractors for the work specified, at the time of offer submission.
Offerer certifies possession of the following license:
Licensed Contractor's Name
K.M. Facility Services, LLC
CR-5
Class
167245
License Number.
Expiration Date
Aug 31, 2025
Page 1 of 1
City of !Phoen1hr
COSTS AND PAYMENTS
{please complete and return with the submittal)
PAYMENT TERMS & OPTIONS: Vendors must choose an option, if a box is not checked, the
City will default to 0% - net 45 days:
lvl Contractor offers a prompt payment discount of either 2
% - 30 days or 0% - 45
days - to apply after receipt of invoice or final acceptance of the products (invoice approval),
whichever date is later, starts the 30 days. If no prompt payment discount is offered, the default
is 0%, net 45 days; effective after receipt of invoice or final acceptance of the products,
whichever is later. Payment terms offering a discount will not be considered in the price
evaluation of your offer.
D Contractor may be paid immediately upon invoice approval, if enrollment is made to the
Single Use Account (SUA) Program, administered by the City's servicing bank ("Bank"). By
checking this box, the vendor accepts transaction costs charged by their merchant bank and
agrees not to transfer to the City those extra charges. The City will not pay an increase in our
services for the SUA charges; if an audit uncovers an upcharge for the SUA charges the vendor
will owe the City all costs. The vendor may opt-out of the SUA program once, but then may not
rejoin during the same contract term. For more information about the SUA program or to
enroll, send email to mailbox.sua@phoenix.gov.
Page 1 of 1
'1) City of Phoenbc
OFFER
(please complete, sign, and return with the submittal)
TO THE CITY OF PHOENIX - The Undersigned hereby offers and agrees to furnish the material
and or service(s) in compliance with all terms, conditions, specifications, and addenda issued as
a result of a solicitation.
Arizona Sales Tax No.
Use Tax No. for Out-of-State Suppliers
City of Phoenix Sales Tax No.
Arizona Corporation Commission File No.
07636955
N/A
10055437
LO9940413
Taxpayer's Federal Identification No.: If recommended for contract award, Offerer agrees to
provide its federal taxpayer identification number or as applicable its social security number to
the City of Phoenix for the purposes of reporting to appropriate taxing authorities, monies paid
by the City of Phoenix under the awarded contract. If the Offerer provides its social security
number, the City will only share this number with appropriate state and federal officials. This
submission is mandatory under 26 U.S.C. § 6041A.
Enter City's Registration System ID Number
3060113
Located at City's eProcurement website (see SECTION 2
- INSTRUCTIONS - CITY'S REGISTRATION)
Offerer has read, understands, and will fully and faithfully comply with this solicitation, its
attachments and
y referenced documents. Offerer certifies that the prices offered were
indep
eveloped without c
ult~tion with any other Offerer or potential Offerers.
Kevin Uilkie Owner
Print Name and Title
(President, Manager, Member)
Street Address:
5631 N. 52nd Ave
City, State, Zip Code:
Glendale, AZ 85301
Telephone Number:
623-930-5490
Email Address:
Kevin@kmfacserv.com
';./22/2023
LLC
Offerer Legal Name and Company Type
(LLC, Inc., Sole Proprietor)
Page 1 of 1
JFB-24-0078
Title: HVAC Exhaust & Duct Cleaning
Offer Due Date: January 51h• 2024
City of Phoenix
Finance Division
Central Procurement Department
IFB 24-0078 - HVAC Exhaust & Duct Cleaning
ADDENDUM 1A
(please sign and return with the submittal)
CHANGES
Change 1 - IFB-24-0078 {Example: Section 1, Instructions, Subsection 1.4, Timeline -
Schedule of Events is amended. The Offer Due Date is extended to January 5th, 2024 at 2:00
p.m.
Change 2 -Adding Exhibit A Aviation Terms and Conditions To All Airport Agreements
VENDOR'S INQUIRIES AND CITY'S RESPONSES
Please make the following changes to the above-referenced solicitation:
QUESTIONS AND ANSWERS:
Note: Spelling, grammar, and punctuation of the questions are shown exactly as submitted by
the potential respondents. Answers may vary depending on the department utilizing any
resulting contract. Answers are provided from the different departments and the department
identification abbreviation is provided next to the answer. The departments are abbreviated as
follows: Aviation is AV, Public Works is PW, and the Finance department (representing citywide
use) is FN.
No. Question
Answer
1.
My question is on the pricing sheet, there is no
AV: Including both departments on this
quantities of how many systems will be done a
contract, it is estimated to be 30 plus
year. Is it 10 systems or is it 30? For the length of
projects each year.
duct work. Are looking for a per foot price with
PW: It is common to have HVAC ductwork
all materials included.
cleaned at 7-8 fire department building a
Can you pull up the last schedule from 2019?
year and is quoted by unit tonnage, there
are roughly around 75 fire department
buildings.
FN: There were 783 Invoices since the
beginning of the contract October 2018.
2.
To support accurate pricing, can you please
AV: Airport properties alone total over 30
provide the number of buildings, square footage,
City maintained buildings with millions of
number of stories, and building usage?
square feet. We do not have accurate
Page 1 of 2
IFB-24-0078
Title: HVAC Exhaust & Duct Cleaning
Offer Due Date: January 5th• 2024
City of Phoenix
totals. All buildings are commercial
properties with Airport Terminals being
24/7 operations.
PW: The Fire Department has around 75
buildings, HVAC equipment and the square
feet varies per site. Solid Waste Dept. has
3 large facilities with large ductwork that
gets cleaned on as needed basis.
3.
Can you please provide the total Linear Feet of
AV: Millions of linear square feet, we do
ducts for each building?
not have accurate information.
PW: Do not have that info.
4.
How many awards are anticipated?
FN: One award is anticipated but the
multiple awards are an option under
2.22.
5.
We see that a Shortridge ADM 860 is part of t he
AV: A flow meter is needed to verify air
equipment list. This piece of equipment is
flow over cleaned coils, Cubic Feet per
typically used for HVAC testing and balancing
Minute (CFM). The verbiage can be
services. Is test and balance servicing part of the
amended to state this necessity. The model
required SOW for this contract?
or brand of flow meter is not critical.
PW: The model or brand of flow meter is
not critical but should be used to measure
air flow CFM.
The balance of the specifications and instructions remain the same. Bidder must acknowledge
receipt and acceptance of this addendum by signing below and returning the entire addendum
with the bid or proposal submitt .
,
Na me of Company:
----'----'--'---'--'--. ---+-
L>C.....C-'-+'.....___ _
_ Si
~ e'""-'-( _v'___,_~_
1 C'-'e"'-~..c_.,-~
Address:
e_..-- 0lenl
'Z ~5·--30' J
Authorized Signature:
Print Name and Title:
Page 2 of 2
LL c_
IFB-24-0078
Title: HVAC Exhaust & Duct Cleaning
City of !Phoeni:it
Offer Due Date: January 121h • 2024
City of Phoenix
Finance Division
Central Procurement Department
IFB 24-0078 - HVAC Exhaust & Duct Cleaning
ADDENDUM 2
(please sign and return with the submittal)
CHANGES
Change 1 - lFB-24-0078 {Example: Section 1, Instructions, Subsection 1.4, Timeline -
Schedule of Events is amended. The Offer Due Date is extended to January 12th, 2024 at 2:00
p.m.
Change 2 - Adding Exhibit B of the solicitation, Aviation Department Insurance and
Indemnification Requirements.
Change 3- Adding Exhibit C of the solicitation, Aviation Security Procedures for contractor and
subcontractor worker background screening.
The balance of the specifications and instructions remain the same. Bidder must acknowledge
receipt and acceptance of this addendum by signing below and returning the entire addendum
with the bid or proposal submittal
Name of Company:
Address:
Authorized Signature:
Print Name and Title:
Page 1 of 1
l< · JVJ. ·r-trc: }.' 17 Se✓ v,·c_e 51 l L c_
- ---- - ----------=---
-
City of Phoenix
ACCEPTANCE OF OFFER
The Offer is hereby accepted.
The Contractor is now bound to sell the material(s) or service(s) listed by the attached contract
and based upon the solicitation, including all terms, conditions, specifications, amendments, etc.
and the Contractor's Offer as accepted by the City.
160180--0
This contract shall henceforth be referred to as Contract No. _____ . The Contractor
has been cautioned not to commence any billable work or provide any material or service under
this contract until Contractor receives purchase order, or contract documentation.
CITY OF PHOENIX
A Municipal Corporation
Jeffrey Barton, City Manager
Director or delegate: Adriana Phillips
Title:
Assistant Finance Director
Department:
Finance Department
Attest:
26
March
this __
day of _______ 2024
City Clerk
Approved as to form this 19th day of January 2017. This document has been approved as to
form by the City Attorney and is on file with the City Clerk. It need not be submitted to the City
Attorney for approval unless the form document is altered.
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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
K.M. FACILITY SERVICES, LLC
EXHIBIT C
METHOD AND AMOUNT OF COMPENSATION
The method and amount of compensation are in accordance with Section 3 of this Agreement.
NOT TO EXCEED AMOUNT
The total amount of compensation paid to Contractor for full completion of all work required by the
Statement of Work must not exceed $200,000 annually or $1,000,000 for the entire term of the Agreement.
DETAILED PROJECT COMPENSATION
The City shall pay contractor compensation in accordance with the rates as set forth in the S.A.V.E
Cooperative Purchasing Agreement HVAC Exhaust and duct Cleaning Contract NO. 160180--0, to
provide HVAC, Coil, Duct and Exhaust Fan Cleaning at City of Glendale facilities on as as needed basis.