Agreement with WSP USA, Inc
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C
PROFESSIONAL SERVICES AGREEMENT
(Not Construction Related)
Temporary Engineering Staff for Transportation
RFP 25-12
This Professional Services Agreement ("Agreement") is entered into and effective between CITY OF GLENDALE,
an Arizona municipal corporation ("City") and WSP USA Inc., a New York Corporation, authorized to do business
in the State of Arizona, ("Consultant") as of the _____ day of _________________, 2024 (“Effective Date”).
RECITALS
A.
City intends to undertake a project for the benefit of the public and with public funds that is more fully set
forth in Exhibit A, Project (the "Project");
B.
City desires to retain the professional services of Consultant to perform certain specific duties and produce
the specific work as set forth in the attached Exhibit B, Project Scope of Work (“Scope”);
C.
Consultant desires to provide City with professional services (“Services”) consistent with best consulting or
architectural practices and the standards set forth in this Agreement, in order to complete the Project; and
D.
City and Consultant desire to memorialize their agreement with this document.
AGREEMENT
The parties hereby agree as follows:
1.
Key Personnel; Other Consultants and Subcontractors.
1.1
Professional Services. Consultant will provide all Services necessary to assure the Project is
completed timely and efficiently consistent within Project requirements, including, but not limited
to, working in close interaction and interfacing with City and its designated employees, and working
closely with others, including other consultants or contractors, retained by City.
1.2
Project Team.
a.
Project Manager.
(1)
Consultant will designate an employee as Project Manager with sufficient training,
knowledge, and experience to, in the City's opinion, complete the project and handle
all aspects of the Project such that the work produced by Consultant is consistent
with applicable standards as detailed in this Agreement; and
(2)
The City must approve the designated Project Manager.
b.
Project Team.
(1)
The Project Manager and all other employees assigned to the Project by Consultant
will comprise the "Project Team."
(2)
Project Manager will have responsibility for and will supervise all other employees
assigned to the Project by Consultant.
c.
Discharge, Reassign, Replacement.
(1)
Consultant acknowledges the Project Team is comprised of the same persons and
roles for each as may have been identified in Exhibit A.
(2)
Consultant will not discharge, reassign, replace or diminish the responsibilities of
any of the employees assigned to the Project who have been approved by City
without City's prior written consent unless that person leaves the employment of
Consultant, in which event the substitute must first be approved in writing by City.
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(3)
Consultant will change any of the members of the Project Team at the City's request
if an employee's performance does not equal or exceed the level of competence that
the City may reasonably expect of a person performing those duties, or if the acts
or omissions of that person are detrimental to the development of the Project.
d.
Subcontractors. Consultant shall not engage any subcontractor for the work or services to
be performed under this Agreement.
2.
Schedule. The Services will be undertaken in a manner that ensures the Project is completed timely and
efficiently in accordance with the Project.
3.
Consultant’s Work.
3.1
Standard. Consultant must perform Services in accordance with the standards of due diligence, care,
and quality prevailing among consultants having substantial experience with the successful furnishing
of Services for projects that are equivalent in size, scope, quality, and other criteria under the Project
and identified in this Agreement.
3.2
Licensing. Consultant warrants that:
a.
Consultant currently holds all appropriate and required licenses, registrations and other
approvals necessary for the lawful furnishing of Services ("Approvals"); and
b.
Neither Consultant nor any Subconsultant has been debarred or otherwise legally excluded
from contracting with any federal, state, or local governmental entity ("Debarment").
(1)
City is under no obligation to ascertain or confirm the existence or issuance of any
Approvals or Debarments, or to examine Consultant's contracting ability.
(2)
Consultant must notify City immediately if any Approvals or Debarment changes
during the Agreement's duration. The failure of the Consultant to notify City as
required will constitute a material default under the Agreement.
3.3
Compliance.
a.
Services will be furnished in compliance with applicable federal, state, county and local
statutes, rules, regulations, ordinances, building codes, life safety codes, and other standards
and criteria designated by City.
b.
Consultant 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. Consultant will require any Sub-contractor to be bound to the same
requirements as stated within this section. Consultant, and on behalf of any subcontractors,
warrants compliance with this section.
3.4
Coordination; Interaction.
a.
For projects that the City believes requires the coordination of various professional services,
Consultant will work in close consultation with City to proactively interact with any other
professionals retained by City on the Project ("Coordinating Project Professionals").
b.
Subject to any limitations expressly stated in the Project Budget, Consultant will meet to
review the Project, Schedule, Project Budget, and in-progress work with Coordinating
Project Professionals and City as often and for durations as City reasonably considers
necessary in order to ensure the timely work delivery and Project completion.
c.
For projects not involving Coordinating Project Professionals, Consultant will proactively
interact with any other contractors when directed by City to obtain or disseminate timely
information for the proper execution of the Project.
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3.5
Work Product.
a.
Ownership. Upon receipt of payment for Services furnished, Consultant grants to City
exclusive ownership of and all copyrights, if any, to evaluations, reports, drawings,
specifications, project manuals, surveys, estimates, reviews, minutes, all "architectural work"
as defined in the United States Copyright Act, 17 U.S.C § 101, et seq., and other intellectual
work product as may be applicable ("Work Product").
(1)
This grant is effective whether the Work Product is on paper (e.g., a "hard copy"),
in electronic format, or in some other form.
(2)
Consultant warrants, and agrees to indemnify, hold harmless and defend City for,
from and against any claim that any Work Product infringes on third-party
proprietary interests.
b.
Delivery. Consultant will deliver to City copies of the preliminary and completed Work
Product promptly as they are prepared.
c.
City Use.
(1)
City may reuse the Work Product at its sole discretion.
(2)
In the event the Work Product is used for another project without further
consultations with Consultant, the City agrees to indemnify and hold Consultant
harmless from any claim arising out of the Work Product.
(3)
In such case, City will also remove any seal and title block from the Work Product.
4.
Compensation for the Project.
4.1
4.2
Compensation. Consultant's compensation for the Project, including those furnished by its
Subconsultants or Subcontractors will not exceed $148,200 as specifically detailed in Exhibit C
("Compensation").
Change in Scope of Project. The Compensation may be equitably adjusted if the originally
contemplated Scope as outlined in the Project is significantly modified.
a.
Adjustments to Compensation require a written amendment to this Agreement and may
require City Council approval.
b.
Additional services which are outside the Scope of the Project contained in this Agreement
may not be performed by the Consultant without prior written authorization from the City.
c.
Notwithstanding the incorporation of the Exhibits to this Agreement by reference, should
any conflict arise between the provisions of this Agreement and the provisions found in the
Exhibits and accompanying attachments, the provisions of this Agreement shall take priority
and govern the conduct of the parties.
4.3
Expenses. City will reimburse Consultant for certain out-of-pocket expenses necessarily incurred by
Consultant in connection with this Agreement, without mark-up (the “Reimbursable Expenses”),
including, but not limited to, document reproduction, materials for book preparation, postage,
courier and overnight delivery costs incurred with Federal Express or similar carriers, travel and car
mileage, subject to the following:
a.
Mileage, airfare, lodging and other travel expenses will be reimbursable only to the extent
these would, if incurred, be reimbursed to City of Glendale personnel under its policies and
procedures for business travel expense reimbursement made available to Consultant for
review prior to the Agreement’s execution, and which policies and procedures will be
furnished to Consultant;
b.
The Reimbursable Expenses in this section are approved in advance by City in writing; and
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c.
The total of all Reimbursable Expenses paid to Consultant in connection with this
Agreement will not exceed the “not to exceed” amount identified for Reimbursable Services
in the Compensation.
5.
Billings and Payment.
5.1
Applications.
a.
Consultant will submit monthly invoices (each, a "Payment Application") to City's Project
Manager and City will remit payments based upon the Payment Application as stated below.
b.
The period covered by each Payment Application will be one calendar month ending on the
last day of the month.
5.2
Payment.
a.
After a full and complete Payment Application is received, City will process and remit
payment within 30 days.
b.
Payment may be subject to or conditioned upon City's receipt of:
(1)
Completed work generated by Consultant and its Subconsultants; and
(2)
Unconditional waivers and releases on final payment from all Subconsultants as City
may reasonably request to assure the Project will be free of claims arising from
required performances under this Agreement.
5.3
Review and Withholding. City's Project Manager will timely review and certify Payment Applications.
a.
If the Payment Application is rejected, the Project Manager will issue a written listing of the
items not approved for payment.
b.
City may withhold an amount sufficient to pay expenses that City reasonably expects to incur
in correcting the deficiency or deficiencies rejected for payment.
6.
Termination.
6.1
For Convenience. City may terminate this Agreement for convenience, without cause, by delivering
a written termination notice stating the effective termination date, which may not be less than 15
days following the date of delivery.
a.
Consultant will be equitably compensated for Services furnished prior to receipt of the
termination notice and for reasonable costs incurred.
b.
Consultant will also be similarly compensated for any approved effort expended, and
approved costs incurred, that are directly associated with Project closeout and delivery of the
required items to the City.
6.2
For Cause. City may terminate this Agreement for cause if Consultant fails to cure any breach of this
Agreement within seven days after receipt of written notice specifying the breach.
a.
Consultant will not be entitled to further payment until after City has determined its damages.
If City's damages resulting from the breach, as determined by City, are less than the equitable
amount due but not paid Consultant for Services furnished, City will pay the amount due to
Consultant, less City's damages, in accordance with the provisions of Sec. 5.
b.
If City's direct damages exceed amounts otherwise due to Consultant, Consultant must pay
the difference to City immediately upon demand; however, Consultant will not be subject to
consequential damages more than $1,000,000 or the amount of this Agreement, whichever
is greater.
7.
Conflict. Consultant acknowledges this Agreement is subject to A.R.S. § 38-511, which allows for
cancellation of this Agreement in the event any person who is significantly involved in initiating, negotiating,
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securing, drafting, or creating the Agreement on City's behalf is also an employee, agent, or consultant of any
other party to this Agreement.
8.
Insurance. For the duration of the term of this Agreement, Consultant shall procure and maintain insurance
against claims for injuries to persons or damages to property which may arise from or in connection with the
performance of all tasks or work necessary to complete the Project as herein defined. Such insurance shall
cover Consultant, its agent(s), representative(s), employee(s) and any subcontractors.
8.1
Minimum Scope and Limit of Insurance. Coverage must be at least as broad as:
a.
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01, including
products and completed operations, with limits of no less than $2,000,000 per occurrence
for bodily injury, personal injury, and property damage. If a general aggregate limit applies,
either the general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
b.
Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1
(any auto), with limits no less than $2,000,000 per accident for bodily injury and property
damage.
c.
Professional Liability. Consultant must maintain a Professional Liability insurance covering
errors and omissions arising out of the work or services performed by Consultant, or anyone
employed by Consultant, or anyone for whose acts, mistakes, errors and omissions
Consultant is legally liability, with a liability insurance limit of $2,000,000 for each claim and
a $2,000,000 annual aggregate limit.
d.
Worker’s Compensation: Insurance as required by the State of Arizona, with Statutory
Limits, and Employers’ Liability insurance with a limit of no less than $2,000,000 per
accident for bodily injury or disease.
8.2
Indemnification.
a.
To the fullest extent permitted by law, Consultant must defend, indemnify, and hold
harmless City and its elected officials, officers, employees and agents (each, an "Indemnified
Party," collectively, the "Indemnified Parties") for, from, and against any and all claims,
demands, actions, damages, judgments, settlements, personal injury (including sickness,
disease, death, and bodily harm), property damage (including loss of use), infringement,
governmental action and all other losses and expenses, including attorneys' fees and litigation
expenses (each, a "Demand or Expense" collectively "Demands or Expenses") asserted by a
third-party (i.e. a person or entity other than City or Consultant) and that arises out of or
results from the breach of this Agreement by the Consultant or the Consultant’s negligent
actions, errors or omissions (including any Subconsultant or Subcontractor or other person
or firm employed by Consultant), whether sustained before or after completion of the
Project.
b.
This indemnity and hold harmless provision applies even if a Demand or Expense is in part
due to the Indemnified Party's negligence or breach of a responsibility under this Agreement,
but in that event, Consultant will be liable only to the extent the Demand or Expense results
from the negligence or breach of a responsibility of Consultant or of any person or entity
for whom Consultant is responsible.
c.
Consultant is not required to indemnify any Indemnified Parties for, from, or against any
Demand or Expense resulting from the Indemnified Party's sole negligence or other fault
solely attributable to the Indemnified Party.
8.3
Other Insurance Provisions. The insurance policies required by the Section above must contain, or
be endorsed to contain the following insurance provisions:
a.
The City, its officers, officials, employees and volunteers are to be covered as
additional insureds of the CGL and automobile policies for any liability arising from or in
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connection with the performance of all tasks or work necessary to complete the Project as
herein defined. Such liability may arise, but is not limited to, liability for materials, parts or
equipment furnished in connection with any tasks, or work performed by Consultant or on
its behalf and for liability arising from automobiles owned, leased, hired or borrowed on
behalf of the Consultant. General liability coverage can be provided in the form of an
endorsement to the Consultant’s existing insurance policies, provided such endorsement is
at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 23 37, if later
revisions are used.
b.
For any claims related to this Project, the Consultant’s insurance coverage shall be
primary insurance with respect to the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees or
volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it.
c.
Each insurance policy required by this Section shall provide that coverage shall not be
canceled, except after providing notice to the City.
8.4
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of
no less than A: VII, unless the Consultant has obtained prior approval from the City stating that a
non-conforming insurer is acceptable to the City.
8.5
Waiver of Subrogation. Consultant hereby agrees to waive its rights of subrogation which any
insurer may acquire from Consultant by virtue of the payment of any loss. Consultant agrees to
obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’
Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City for all work
performed by the Consultant, its employees, agent(s) and subcontractor(s).
8.6
Verification of Coverage. Within 15 days of the Effective Date of this Agreement, Consultant shall
furnish the City with original certificates and amendatory endorsements, or copies of any applicable
insurance language making the coverage required by this Agreement effective. All certificates and
endorsements must be received and approved by the City before work commences. Failure to obtain,
submit or secure the City’s approval of the required insurance policies, certificates or endorsements
prior to the City’s agreement that work may commence shall not waive the Consultant’s obligations
to obtain and verify insurance coverage as otherwise provided in this Section. The City reserves the
right to require complete, certified copies of all required insurance policies, including any
endorsements or amendments, required by this Agreement at any time during the Term stated herein.
Consultant’s failure to obtain, submit or secure the City’s approval of the required insurance policies,
certificates or endorsements shall not be considered a Force Majeure or defense for any failure by
the Consultant to comply with the terms and conditions of the Agreement, including any schedule
for performance or completion of the Project.
8.7
Subcontractors. Consultant shall require and shall verify that all subcontractors maintain insurance
meeting all requirements of this Agreement.
8.8
Special Risk or Circumstances. The City reserves the right to modify these insurance requirements,
including any limits of coverage, based on the nature of the risk, prior experience, insurer, coverage
or other circumstances unique to the Consultant, the Project or the insurer.
9.
E-verify, Records and Audits. To the extent applicable under A.R.S. § 41-4401, the Consultant warrants
their compliance and that of its subconsultants with all federal immigration laws and regulations that relate to
their employees and compliance with the E-verify requirements under A.R.S. § 23-214(A). The Consultant or
subconsultant’s breach of this warranty shall be deemed a material breach of the Agreement and may result
in the termination of the Agreement by the City under the terms of this Agreement. The City retains the legal
right to randomly inspect the papers and records of the other party to ensure that the other party is complying
with the above-mentioned warranty. The Consultant and subconsultant warrant to keep their respective
papers and records open for random inspection during normal business hours by the other party. The parties
shall cooperate with the City’s random inspections, including granting the inspecting party entry rights onto
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their respective properties to perform the random inspections and waiving their respective rights to keep such
papers and records confidential.
10.
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.
11.
Uyghur Forced Labor Prevention Act (UFLPA). Consultant 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.
12.
Attestation of PCI Compliance. When applicable, the Consultant will provide the City annually with a
Payment Card Industry Data Security Standard (PCI DSS) attestation of compliance certificate signed by an
officer of Consultant with oversight responsibility.
13.
Notices.
13.1
A notice, request or other communication that is required or permitted under this Agreement (each
a "Notice") will be effective only if:
a.
The Notice is in writing; and
b.
Delivered in person or by overnight courier service (delivery charges prepaid), certified or
registered mail (return receipt requested).
c.
Notice will be deemed to have been delivered to the person to whom it is addressed as of
the date of receipt, if:
(1)
Received on a business day before 5:00 p.m. at the address for Notices identified
for the Party in this Agreement by U.S. Mail, hand delivery, or overnight courier
service; or
(2)
As of the next business day after receipt, if received after 5:00 p.m.
d.
The burden of proof of the place and time of delivery is upon the Party giving the Notice.
e.
Digitalized signatures and copies of signatures will have the same effect as original signatures.
13.2
Representatives.
a.
Consultant. Consultant's representative (the "Consultant's Representative") authorized to
act on Consultant's behalf with respect to the Project, and his or her address for Notice
delivery is:
WSP USA Inc.
1230 W. Washington St., Suite 405
Tempe, AZ 85288
b.
City. City's representative ("City's Representative") authorized to act on City's behalf, and
his or her address for Notice delivery is:
City of Glendale
c/o Shoalynn Gilliland
5850 W. Glendale Ave.
Glendale, Arizona 85301
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With required copy to:
City Manager
City Attorney
City of Glendale
City of Glendale
5850 West Glendale Avenue
5850 West Glendale Avenue
Glendale, Arizona 85301
Glendale, Arizona 85301
c.
Concurrent Notices.
(1)
All notices to City's representative must be given concurrently to City Manager and
City Attorney.
(2)
A notice will not be deemed to have been received by City's representative until the
time that it has also been received by the City Manager and the City Attorney.
(3)
City may appoint one or more designees for the purpose of receiving notice by
delivery of a written notice to Consultant identifying the designee(s) and their
respective addresses for notices.
d.
Changes. Consultant or City may change its representative or information on Notice, by
giving Notice of the change in accordance with this section at least ten days prior to the
change.
14.
Financing Assignment. City may assign this Agreement to any City-affiliated entity, including a non-profit
corporation or other entity whose primary purpose is to own or manage the Project.
15.
Entire Agreement; Survival; Counterparts; Signatures.
15.1
Integration. This Agreement contains, except as stated below, the entire agreement between City
and Consultant and supersedes all prior conversations and negotiations between the parties regarding
the Project or this Agreement.
a.
Neither Party has made any representations, warranties or agreements as to any matters
concerning the Agreement's subject matter.
b.
Representations, statements, conditions, or warranties not contained in this Agreement will
not be binding on the parties.
c.
The solicitation, any addendums and the response submitted by the Contractor are
incorporated into this Agreement as if attached hereto. Any Contractor response modifies
the original solicitation as stated. Inconsistencies between the solicitation, any addendums
and the response or any excerpts attached as Exhibit A and this Agreement will be resolved
by the terms and conditions stated in this Agreement.
15.2
Interpretation.
a.
The parties fairly negotiated the Agreement's provisions to the extent they believed necessary
and with the legal representation they deemed appropriate.
b.
The parties are of equal bargaining position and this Agreement must be construed equally
between the parties without consideration of which of the parties may have drafted this
Agreement.
c.
The Agreement will be interpreted in accordance with the laws of the State of Arizona.
15.3
Survival. Except as specifically provided otherwise in this Agreement, each warranty, representation,
indemnification and hold harmless provision, insurance requirement, and every other right, remedy
and responsibility of a Party, will survive completion of the Project, or the earlier termination of this
Agreement.
15.4
Amendment. No amendment to this Agreement will be binding unless in writing and executed by
the parties. Electronic signature blocks do not constitute execution for purposes of this Agreement.
Any amendment may be subject to City Council approval.
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15.5
Remedies. All rights and remedies provided in this Agreement are cumulative and the exercise of
any one or more right or remedy will not affect any other rights or remedies under this Agreement
or applicable law.
15.6
Severability. If any provision of this Agreement is voided or found unenforceable, that determination
will not affect the validity of the other provisions, and the voided or unenforceable provision will be
reformed to conform with applicable law.
15.7
Counterparts. This Agreement may be executed in counterparts, and all counterparts will together
comprise one instrument.
16.
Term.
16.1
Extensions. The term of this Agreement commences upon the effective date and continues for a
one year initial period.. There are no automatic extensions or renewals of this Agreement.
16.2
Extension for Procurement Process. Upon the expiration of the Term of this Agreement, including
the initial term and any renewals, at the City’s sole discretion, this Agreement may be extended on a
month-to-month basis for a maximum of six (6) months to allow for the City to complete its
procurement process to select a vendor to provide the services/materials similar to those provided
under this Agreement. The City will notify the Contractor in writing of its intent to extend the
Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension
provided under this subsection will continue under the same terms and conditions as in effect
immediately prior to the expiration of the then-current term.
17.
Dispute Resolution. Any controversy or claim arising out of or relating to this contract, or the breach
thereof, shall be settled by arbitration administered according to the American Arbitration Association’s
Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any
court having jurisdiction thereof.
18.
Cooperative Use of Contract. This agreement may be extended for use by other governmental agencies
and political subdivisions of the State. Any such usage by other entities must be in accord with the ordinances,
charter, rules and regulations of the respective entity and the approval of the Contractor and City. For a list
of SAVE members, click on the following link: http://www.mesaaz.gov/business/purchasing/save
19.
Exhibits. The following exhibits, with reference to the term in which they are first referenced, are
incorporated by this reference.
Exhibit A
Project
Exhibit B
Scope of Work
Exhibit C
Compensation
(Signatures appear on the following page.)
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The parties enter into this Agreement effective as of the date shown above.
City of Glendale,
an Arizona municipal corporation
_____________________________________
By: Kevin R. Phelps
Its: City Manager
ATTEST:
Julie K. Bower
(SEAL)
City Clerk
APPROVED AS TO FORM:
Michael D. Bailey
City Attorney
WSP USA Inc.,
a New York Corporation
_____________________________________
By: Joy Melita, PE
Its: Senior Vice President
EXHIBIT A
Professional Services Agreement
PROJECT
RFP 25-12 follows as Exhibit A.
CITY OF GLENDALE
PROCUREMENT DIVISION
REQUEST FOR PROPOSAL
SOLICITATION NUMBER:
RFP 25-12
ONLINE BID NUMBER:
42500010
TITLE:
TEMPORARY STAFF FOR TRANSPORTATION
PUBLISHED DATE:
JULY 31, 2024
PRE-OFFER CONFERENCE:
AUGUST 13, 2024, 1:00 PM Local Time
Join the meeting now Meeting ID: 260 807 642 673
Passcode: uSRZ7F
Dial in by phone
+1 480-500-1194,,964371712# United States, Phoenix
Find a local number
Phone conference ID: 964 371 712#
OFFER DUE:
AUGUST 22, 2024, 2:00 PM Local Time
Offer Submission Through Vendor Self-Service (VSS) Online Bid
System.
NOTE: This is a sealed proposal process requiring proposals to be
submitted before the date/time shown above. If errors occur when
submitting through VSS, email or call using contact information below.
CONTACT:
Connie Schneider
Procurement Administrator
Purchasing-Procurement Division
623-930-2868
cschneider@glendaleaz.com
Proposals shall be opened using the City’s electronic bidding system on the specified due time
and date identified herein. All information contained in the proposals shall be confidential to
avoid disclosure of contents prejudicial to competing Offerors.
OFFERORS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE SOLICITATION
The Vendor Self-Service - Vendor Registration Guide provides detailed instructions for registration
for both new and existing vendors.
For vendor convenience we have identified the commodity codes used in this solicitation on this page.
(A Commodity Code is a universal classification for identifying commodities and services in procurement
systems). The commodity code(s) used in this solicitation are: 91894, 92593, 95890, 96877,
96889
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
2
rev. 5.8.2024
Table of Contents:
RFP Package
1.
INTRODUCTION ........................................................................................................................................... 3
2.
OBJECTIVES .................................................................................................................................................. 3
3.
SCOPE OF WORK ......................................................................................................................................... 3
6.
HOW WE CHOOSE ........................................................................................................................................ 6
13.
SUBMISSION CHECKLIST ......................................................................................................................... 8
14.
SUBMISSION REQUIREMENTS ................................................................................................................ 9
EXHIBIT 1: SPECIAL NOTICES ............................................................................................................................ 10
EXHIBIT 2: SPECIAL TERMS AND CONDITIONS ............................................................................................ 14
EXHIBIT 3: INSURANCE REQUIREMENTS ....................................................................................................... 23
Required Submittal Documents
1. Response Workbook – To be completed by Offeror and submitted as their response.
2. Pricing Workbook – To be completed by Offeror and submitted as their response.
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
3
rev. 5.8.2024
1.
INTRODUCTION
The City of Glendale, Arizona (City) is seeking proposals from qualified firms to provide
staff augmentation services for traffic engineering. The purpose of this RFP is to select a
firm that can supply skilled traffic engineer(s) to support our ongoing and upcoming
projects. The work schedule will be determined on a “week-to-week” basis depending on
the needs of the city and the availability of the contracted staff. Contracted staff will need
report to city offices. Remote work will not be allowed.
2.
OBJECTIVES
The city from time to time requires supplemental staff to meet the needs and timelines
of the transportation department. The position requested under this solicitation must be
able to perform the work detailed in the Scope of Work.
This initial solicitation has an immediate need for the following:
•
Senior Traffic Engineer
•
Junior Traffic Engineer
The city may add additional temporary transportation staffing positions to the resulting
contract as needed by transportation in the form of an Amendment as agreed to by the
parties.
3.
SCOPE OF WORK
Work will include the following tasks:
3.1
Attend project and development related meetings as directed by the City Traffic
Engineer and provide a summary of the meetings engineering recommendations.
These meeting will include discussions on design projects, development related
pre-application meetings (Pre-application, design review. Etc.), and others.
3.2
Staff shall be able to prepare and perform the following traffic studies:
a. Data collection and data analysis – work with staff to evaluate existing data
and provide recommendation on new ways of collecting traffic related data.
The consultant will obtain and or analyze data such as traffic counts, crash
data, field measurements, and electronic data from existing and new sources.
b. Identify potential CIP projects based on capacity analysis, safety studies and
crash data.
c. Assist in the preparation of annual crash reports.
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
4
rev. 5.8.2024
d. Safety Related Studies – perform road safety studies and other types of
studies.
e. Public Sources – work with the public to collect use and survey data as well as
gauge public awareness, reactions, and expectations. This may include
public notifications and meetings.
f. Traffic Signal Timing and Progression – work with staff to develop timing,
phasing, and coordination plans. Also, develop comparisons to evaluate
improvements and develop suggestions for continuous improvement.
g. Lighting – evaluate lighting studies and provide recommendations.
h. Projections – develop and execute methods to project future traffic. Evaluate
other projections and help staff with predictions.
i. Grant Applications – prepare applications for MAG and federal funding.
j. School Coordination – coordinate and prepare studies to address school
circulation and congestion.
3.3
Review of traffic impact analyses, and statements prepared by outside consultants
and developers; and provide professional judgments and opinions on said
analyses, studies, and statements.
3.4
Prepare or review signing and striping design plans, per City of Glendale
standards, for completion by City staff and outside contractors.
3.5
Review of design plans for development and non-development projects (signing
and pavement markings, traffic signal, ITS, etc.).
3.6
Provide support to city staff in response to inquiries that are submitted to the city.
3.7
Complete other traffic engineering tasks as assigned by city traffic engineer or
engineering staff.
3.8
Provide drafting services.
3.9
Preform Synchro analysis using the latest synchro software.
3.10 Able to access ALISS and the ADOT crash data, provide 3 or five-year crash
history. Provide crash diagrams and crash analysis and provide recommendations
to address crashes (crash countermeasures)
3.11 Provide grant support in terms of completing applications.
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
5
rev. 5.8.2024
3.12 Required Staff Qualifications professional engineer licensed in Arizona with 10-15
years of traffic engineering experience.
•
Senior Traffic Engineer shall be a registered Professional Engineer in AZ with a
minimum of 15 years of Experience. Has experience in development review,
project management. PTOE is strongly recommended;
•
Junior Traffic Engineer shall be a registered Professional Engineer in AZ with a
minimum of 10 years of Experience.
•
Professional drafting services utilizing AutoCAD to produce signing and striping
drawings, as well as drafting standards for the City of Glendale.
•
Provide clear and accurate layouts for roadway markings, sign placement, and
other traffic control elements.
•
Able to create comprehensive traffic standards for implementation by City staff
and outside contractors.
•
Incorporate specific design guidelines and standards provided by the City of
Glendale for draft productions to be reviewed by the City Traffic Engineer.
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
6
rev. 5.8.2024
6.
HOW WE CHOOSE
6.1
SCORING RESPONSES
The evaluation criteria are weighted in accordance with the Submission
Requirements. Your response will be rated as follows:
o
40% STAFF EXPERIENCE AND QUALIFICATIONS
o
20% METHOD OF APPROACH
o
20% CAPACITY OF OFFEROR
o
20% COST
6.2
EVALUATION PANEL: Submittals will be evaluated by a panel based on the
stated criteria and are responsible for selecting the proposal that is most
advantageous to the City.
6.3
PANEL CONTACT: Offerors shall have no exclusive meetings, conversations
or communications with an individual evaluation panel member on any
aspect of the RFP, after submittal.
6.4
INTERVIEWS: City may ask some or all Offerors to participate in an
interview at any point during the evaluation process but is not required to
do so. Information gathered in an interview will be used by the panel to
make a selection. Offeror is responsible for any costs incurred to
participate in an interview.
6.5
ADDITIONAL INVESTIGATIONS: City may conduct additional
investigations needed to determine the competence or financial stability of
any Offeror.
6.6
BEST AND FINAL OFFERS: City may request best and final offers and will
determine the scope and subject of any best and final request.
6.7
PROPOSAL EVALUATION: City reserves the right to secure additional
information from the Offeror in various forms and to award based on
submitted information.
7.
NOTICE OF INTENT TO AWARD AND PROTEST PERIOD: Information about the
recommended award for this solicitation will be posted here and will be available
immediately after the City has completed its evaluation process. Questions
regarding the notice of intent to award must be directed to the listed Procurement
Officer immediately. Any protest must be submitted to the Procurement
Administrator no later than seven (7) calendar days from the date of posting on
the Internet. Information and instructions on how to file a protest can be found
here.
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
7
rev. 5.8.2024
8.
WITHDRAWAL OF PROPOSAL: Offeror may withdraw a submitted proposal at any
time prior to the specified solicitation due date and time through the City’s online
bidding system. Withdrawals must be made by the Offeror or designated
representative listed on the proposal. Telephonic or oral withdrawals cannot be
accepted.
9.
OFFER ERRORS OMISSIONS AND CORRECTIONS: City will not be responsible for
any offeror errors or omissions. Any corrections shall be submitted through the
City’s online bidding system prior to due date and time of the RFP. No corrections
will be permitted after the offers have been opened.
10.
COMPETITIVE NEGOTIATIONS: City may negotiate with multiple Offerors at the
same time. Negotiations may result in changing the conditions, terms, or price of
the proposed contract for the benefit of the City unless prohibited herein. All
Offerors shall be treated fairly and equally while conducting negotiations and the
City is prohibited from disclosing any information submitted by competing
Offerors. Entering into negotiations does not constitute a contract award or confer
any rights to Offerors. The City may formally terminate negotiations and enter
into concurrent or exclusive negotiations with the next most qualified Offeror/s if
it is in the City’s best interest to do so.
11.
NO CONTACT, NO INFLUENCE DURING THE RFP PROCESS: City is conducting a
competitive RFP process for the contract, free from improper influence or
lobbying. There shall be no contact concerning this RFP from Offerors submitting
a Proposal with any member of the City Council, RFP Evaluation Committee
Members, or anyone connected with the process for or on behalf of the City.
Contact includes direct or indirect contact by the Offeror, its employees,
attorneys, lobbyists, surrogates, etc. in an attempt to influence the RFP process.
From the time the RFP is issued until the expiration of the protest period or the
resolution of any protest, whichever is later (the “Silent”), Offerors, directly or
indirectly through others, are restricted from attempting to influence in any
manner the decision making process through, including but not limited to, the use
of paid media; contacting or lobbying the City Council or City Manager or any other
City employee (other than Material Management employees); the use of any media
for the purpose of influencing the outcome; or in any other way that could be
construed to influence any part of the decision-making process about this RFP.
This provision shall not prohibit an Offeror from petitioning an elected official or
engaging in any other protected first amendment activity after the protest period
has run or any protest has been resolved, whichever is later.
Violation of this provision will cause the proposal or offer of the Offeror to be found
in violation and to be rejected.
12.
PROPRIETARY INFORMATION Offeror shall clearly mark any proprietary
information contained in its bid with the words “Proprietary Information.” Offeror
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
8
rev. 5.8.2024
shall not mark any Solicitation Form as proprietary. Pricing data shall not be
considered proprietary. Marking all, or nearly all, of a bid as proprietary may
result in rejection of the bid.
Offerors acknowledge that the City is required by law to make certain records
available for public inspection. In the event that the City receives a request for
disclosure of Proprietary Information by any person, court, agency or administrative
body, or otherwise has a reasonable belief that it is obligated to disclose the
Proprietary Information to any such person or authority, the City will provide Offeror
with prompt written notice so that Offeror may seek a protective order or other
appropriate remedy. The Offeror, by submission of materials marked Proprietary
Information, acknowledges and agrees that the City will have no obligation to
advocate for non-disclosure in any forum or any liability to the Offeror in the event
that the City must legally disclose the Proprietary Information.
13.
SUBMISSION CHECKLIST
This section provides an overview of the submission instructions including a
checklist to aid in the submission of complete proposals. Offerors shall complete
the fillable “RESPONSE WORKBOOK” attachment and submit as their proposal.
Vendors are strongly advised to read this section in its entirety and complete the
checklist to avoid disqualification. Please note that the City will NOT be able to
consider proposals that are submitted late or that do not follow these guidelines.
The Offeror shall bear all costs associated with submitting the proposal, including
proposal preparation, site visitation or any travel connected with submission of
the proposal. The City shall have no liability whatsoever for such costs.
Checklist for Submitting Proposal
Complete
()
Submission Requirements
OFFER SHEET (Response Workbook)
Offeror Name
Offeror Address
1. STAFF EXPERIENCE AND QUALIFICATION
2. METHOD OF APPROACH
3. CAPACITY OF OFFEROR
4. COST
COMPLETED PRICING WORKBOOK
ADDENDUM RESPONSES (if applicable)
Return of Offer
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
9
rev. 5.8.2024
•
Electronic copies of all "SUBMISSION REQUIREMENTS” listed
above. Pricing Workbook must be submitted separately from
the rest of the proposal.
14.
SUBMISSION REQUIREMENTS
The proposal is every element of your response to this RFP. For this proposal, you
must provide a completed OFFER SHEET in addition to answering the questions
identified in the REQUIRED RESPONSES. (see Response Workbook)
Responses must be numbered to correspond to the question numbers to aid in
the evaluation process; failure to do so may result in disqualification.
Should your offer contain any PROPRIETARY INFORMATION you must clearly mark
that information with the words “Proprietary Information.” Only information
contained in your response questions may be marked as such, information on the
OFFER SHEET or PRICING SHEET (if applicable) are not considered proprietary.
Offerors acknowledge that the City is required by law to make certain records
available for public inspection. By submitting any materials marked as Proprietary
Information, Offeror acknowledges and agrees that the City will have no obligation
to advocate for non-disclosure in any forum or any liability to the Offeror if the City
must legally disclose the Proprietary Information.
Helpful Hints:
•
Answer each question completely, your answers will be the only basis on
which your proposal is scored.
•
Do not unnecessarily elaborate, keep your response complete and effective.
•
Do not provide general answers or reference to sales literature.
•
Only when applicable attach and reference supporting documents.
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
10
rev. 5.8.2024
EXHIBIT 1: SPECIAL NOTICES
By signing on the Offer/Bid page, solicitation Addendum(a), or cover letter accompanying
the submittal documents, Offerors are certifying that they understand the following notices
and agree to comply with all required terms and conditions.
1.
RETURN OF OFFER
The Offeror shall submit required proposal responses electronically in Vendor
Self Service (VSS).
Offeror is required to register in VSS prior to submitting a proposal if they have
not already registered.
https://glendaleazvendors.munisselfservice.com/Vendors/default.aspx
Guide to Register as a new vendor:
https://www.glendaleaz.com/your_government/city_finances/procurement/vendo
r_self_service___v_s_s_ (This is a PDF document “Vendor Registration
Instructions” at the bottom of page.)
a.
The Offeror shall complete all sections of the solicitation in the format
given and the spaces provided. Proposals that do not conform to the above
format may be rejected.
b.
The Offeror shall bear all costs associated with submitting the proposal,
including proposal preparation, site visitation or any travel connected with
submission of the proposal. The City shall have no liability whatsoever for
such costs.
2.
PRE-OFFER CONFERENCE A Pre-Offer meeting will be held on the time and at the
location shown on page 1 of this document. Attendance is not required. Copies of
the Request for Proposal (RFP) will NOT be available.
The purpose of the conference will be to clarify the contents of the solicitation to
prevent any misunderstanding of the City of Glendale’s position. Any doubt as to
the requirements of the solicitation or any apparent omission or discrepancy should
be presented to the City at the conference. The City will determine the appropriate
action necessary, if any, and issue a written amendment to the solicitation if
required. Oral statements or instructions will not constitute an amendment to the
solicitation.
3.
NO CONTACT, NO INFLUENCE DURING THE RFP PROCESS
The City is conducting a competitive RFP process for the contract, free from
improper influence or lobbying. There shall be no contact concerning this RFP
from Offerors submitting a Proposal with any member of the City Council, RFP
Evaluation Committee Members, or anyone connected with the process for or on
behalf of the City. Contact includes direct or indirect contact by the Offeror, its
employees, attorneys, lobbyists, surrogates, etc. in an attempt to influence the RFP
process.
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
11
rev. 5.8.2024
From the time the RFP is issued until the expiration of the protest period or the
resolution of any protest, whichever is later (the “Silent Period”), Offerors, directly
or indirectly through others, are restricted from attempting to influence in any
manner the decision making process through, including but not limited to, the use
of paid media; contacting or lobbying the City Council or City Manager or any other
City employee (other than Procurement employees); the use of any media for the
purpose of influencing the outcome; or in any other way that could be construed to
influence any part of the decision-making process about this RFP. This provision
shall not prohibit an Offeror from petitioning an elected official or engaging in any
other protected first amendment activity after the protest period has run or any
protest has been resolved, whichever is later.
Violation of this provision will cause the proposal or offer of the Offeror to be found
in violation and to be rejected.
4.
CONFLICT OF INTEREST
Contractor shall disclose the following: 1) the name(s) and position(s) of each
Contractor’s employee or subcontractor that participated in the preparation of the
submittal or who will be involved, directly or indirectly, with performing the
contract, if awarded; 2) the name(s) of any City of Glendale employee who is a
relative of persons identified pursuant to No. 1; 3) the name(s) and position(s) of
Contractor’s personnel that have a financial or proprietary interest in the contract;
4) the name(s) of any City of Glendale employee who is a relative of persons
identified pursuant to No. 3.
Providing such disclosure will not necessarily disqualify a Contractor. Failure to
disclose the requested information or any potential conflict of interest pursuant to
A.R.S. § 38-511 et seq. may result in rejection of the proposal or bid or any contract
being void or terminated.
For purposes of this provision, the following definitions apply:
i.
“Employee” means all persons who are employed on a full-time, part-time or
contract basis by the City of Glendale.
ii.
“Relative” means the spouse, child, child’s child, parent, grandparent,
brother or sister of the whole or half blood and their spouses and the parent,
brother, sister or child of a spouse.
5.
INQUIRIES
Any question related to the Request for Proposal shall be directed to the
Procurement Officer whose name appears above. An Offeror shall not contact or ask
questions of the department for whom the requirement is being procured. The
Procurement Officer may require any and all questions be submitted in writing.
Offerors are encouraged to submit written questions via electronic mail or facsimile,
no later than FIVE days prior to the proposal due date. Any correspondence related
to a solicitation should refer to the appropriate Request for Proposal number, page
and paragraph number. An envelope containing questions should be identified as
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
12
rev. 5.8.2024
such; otherwise, it may not be opened until after the official proposal due date and
time. Oral interpretations or clarifications will be without legal effect. Only questions
answered by a formal written amendment to the Request for Proposal will be
binding.
6.
SPECIAL TERMS AND CONDITIONS
Additional terms and conditions specific to the provision of the services referenced
will be negotiated with the successful bidder for inclusion in the contract.
7.
PUBLIC RECORD REQUIREMENTS
Offeror acknowledges that the City is a public agency and must comply with all
Public Records laws and proposals submitted become the property of the City and
are subject to public disclosure requirements in accordance with Arizona Public
Records Law. Any portion of the proposal that the offeror deems confidential or
proprietary must be clearly labeled as such. Labeling material does not
automatically preclude the material from public disclosure, as the City is required
to make an appropriate determination as to the confidentiality of the material in
accordance with Arizona Public Records Law. It is the offeror’s sole responsibility
and cost to take action, including legal actions, to protect such material. Price is
not confidential and will not be withheld.
8.
PERMITS AND LICENSES
It is the offeror’s sole responsibility to determine and secure any and all licenses
and permits the contractor needs to operate the facility, from any regulatory body
having jurisdiction related to the services being provided. Such costs are the
exclusive responsibility of the operator, operator must also ensure appropriate
licensing of any sub-contractors, operator shall notify the City in writing within two
(2) working days of any suspension, revocation or renewal.
9.
NO COLLUSION OR ANTI-COMPETITIVE PRACTICES
The submission of the offer did not involve collusion, and without any agreement,
understanding or planned common course of action with, any other vendor of
materials, supplies, equipment or services described in the invitation to bid,
designed to limit independent bidding or competition or other anti-competitive
practices.
10.
NON-DISCRIMINATION
Contractor agrees not to 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 by bound to the same requirements as stated within this
section. Contractor, and on behalf of any subcontractors, warrants compliance with
this section.
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
13
rev. 5.8.2024
11.
NO CONSIDERATIONS
The Contractor 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, meal or service to a public servant in connection with the
submitted offer.
12.
AUTHORIZED AGENT
The individual signing the submittal is an authorized agent and has the authority to
bind the Offeror to the proposal and subsequent contract if awarded.
13.
KEY PERSONNEL
If awarded, Offeror shall assign a specific individual as the key point of contact for
the management of the contract, subject to specific notification requirements to be
included in the final contract.
14.
SITE INSPECTION
It is the responsibility of the Offeror to become familiar with any conditions which
may affect the performance and cost of providing the service and this submission
will serve as evidence that the Offeror did, in fact, make a site inspection and is
aware of all conditions.
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
14
rev. 5.8.2024
EXHIBIT 2: SPECIAL TERMS AND CONDITIONS
By signing on the Offer/Bid page, solicitation Addendum(a), or cover letter accompanying
the submittal documents, Offerors are certifying that they understand the following notices
and agree to comply with all required terms and conditions. The following terms are found
on the City’s Website and are applicable to Request for Proposal: Standard Terms and
Conditions
1.
TYPE OF AWARDS
The City reserves the right to make multiple awards or to award by individual line
items, by group of line items, or to make an aggregate award, whichever is deemed
most advantageous to the City. If the City determines that an aggregate award to
one offeror is not in the City's best interest, "all or none" offers shall be rejected.
2.
ALTERNATE OFFERS
Offers submitted as alternates, or on the basis of exceptions to specific conditions
of purchase and/or required specifications, must be submitted as an attachment
referencing the specific paragraph number(s) and adequately defining the alternate
or exception submitted. Detailed product brochures and/or technical literature,
suitable for evaluation, must be submitted with the offer. If no exceptions are taken,
City will expect and require complete compliance with the specifications and all
Conditions of Purchase.
3.
EFFECTIVE PERIOD OF OFFER Offers shall be valid for a minimum of 120 days
following the deadline for submitting offers. If an award is not made during that
period, all offers shall be automatically extended for another 120 days. Offers will
be automatically renewed until the solicitation is either canceled, an award is made,
or proper Notice is given to the Procurement Officer of Offeror’s intent to withdraw
its offer. Offers may only be withdrawn by submitting Notice at least 15 days before
the expiration of the then current 120-day period.
4.
PAYMENT TERMS If payment terms are not indicated, terms of NET 30 days shall
be applied by the City. Payment terms to apply after receipt of invoice or final
acceptance of the products/services, whichever is later. Payment terms offering
less than 20 days for payment will not be considered.
5.
UNIT PRICE TO PREVAIL In the event of a price disparity between the unit and
extended price, the unit price shall prevail unless judged obviously in error by the
City.
6.
OFFER ERRORS OMISSIONS AND CORRECTIONS The City will not be responsible
for any offeror errors or omissions. All prices and notations shall be written in ink
or typed. Changes or corrections made on the offer form must be initialed in ink by
the individual signing the offer. No corrections will be permitted after the offers have
been opened.
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
15
rev. 5.8.2024
7.
BRAND NAME REFERENCES AND TECHNICAL SPECIFICATIONS Brand names or
manufacturer's references shall be construed as a quality or performance level and
does not indicate the item cited is mandatory. Technical specifications define the
acceptable standard.
8.
RESTRICTIVE OFFER PROVISIONS If specifications preclude an otherwise qualified
offeror from submitting an offer, a written request for modification must be received
by the Buyer at least seven (7) calendar days prior to the proposal due date. All
offerors will be notified by a written addendum to the solicitation of any approved
changes.
9.
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 bid and/or performance bond; or (3) a combination of the aforementioned
remedies or other remedies as provided by law.
10.
TERM
The term of the resultant contract shall be for two (2) years.
11.
OPTION TO EXTEND
Based on satisfactory Offeror performance, the City, may at its option and upon
mutual agreement with the Offeror, extend the term of this agreement for an
additional year. Offeror shall be notified in writing by the City Materials Manager
of the City's intention to extend the contract period at least ninety (90) calendar
days prior to the expiration of the original contract period.
12.
TERMINATION FOR CONVENIENCE The City reserves the right to terminate any
order or contract upon thirty days written notice. The City will be responsible only
for those standard items which have been delivered and accepted. If the items are
unique and not saleable or useable for any other application, the City will reimburse
the Seller for actual labor, material, and burden costs, plus a profit not to exceed
8%. Title to all materials, work-in-process, and completed but undelivered goods
will pass to the City after costs are claimed and allowed.
13.
SUB-CONTRACTING The contract or any portion thereof, shall not be sub-
contracted without the prior written approval of the Materials Manager. No such
approval will be construed as making the City a party of or to such sub-contract or
subjecting the City to liability of any kind to any sub-contractor. No sub-contract
shall, under any circumstances, relieve the contractor of liability and obligation
under this contract; and despite any such subletting the City shall deal through the
contractor. Sub-contractors will be dealt with as workmen and representatives of
the contractor.
14.
SAFETY DATA SHEETS (SDS). Contractor is to supply SDS) in accordance with
Federal requirements for The Globally Harmonized System of Classification and
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
16
rev. 5.8.2024
Labeling of Chemicals (GHS). Contractor entering the City workplace with
hazardous materials will supply the City with a Safety Data Sheets (SDS) covering
those particular products the contractor may expose City employees or the general
public to while working at the site.
15.
GENERAL INDEMNIFICATION: Contractor shall indemnify, defend, save and hold
harmless the City of Glendale and its officers, officials, agents, and employees
(hereinafter referred to as “Indemnitee”) from and against any and all claims,
actions, liabilities, damages, losses, or expenses (including court costs, attorneys’
fees, and costs of claim processing, investigation and litigation) (hereinafter
referred to as “Claims”) for bodily injury or personal injury (including death), or loss
or damage to tangible or intangible property caused, or alleged to be caused, in
whole or in part, by the negligent or willful acts or omissions of Contractor or any
of its owners, officers, directors, agents, employees or subcontractors. This
indemnity includes any claim or amount arising out of or recovered under the
Workers’ Compensation Law or arising out of the failure of such Contractor to
conform to any Federal, State or local law, statute, ordinance, rule, regulation or
court decree. It is the specific intention of the parties that the Indemnitee shall, in
all instances, except for Claims arising solely from the negligent or willful acts or
omissions of the Indemnitee, be indemnified by Contractor from and against any
and all claims. It is agreed that Contractor will be responsible for primary loss
investigation, defense and judgment costs where this indemnification is applicable.
In consideration of the award of this contract, the Contractor agrees to waive all
rights of subrogation against the City, its officers, officials, agents, and employees
for losses arising from the work performed by the Contractor for the City.
16.
RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS The offeror's
products, services, and facilities shall be in full compliance with all applicable
Federal, State, and local health, environmental, and safety laws, regulations,
standards, and ordinances, regardless of whether or not they are referred to by the
City.
17.
RESPONSIBILITY FOR CORRECTION It is agreed that the offeror shall be fully
responsible for making any correction, replacement, or modification necessary for
specification or legal compliance. In the event of a call back, Offeror agrees to give
the City first priority. Offeror agrees that if the product or service offered does not
comply with the written specification, the Materials Manager has the right to cancel
the sale at any time with full refund within thirty (30) calendar days after notice of
noncompliance and offeror further agrees to be fully responsible for any
consequential damages suffered by the City.
18.
WARRANTY Unless otherwise specified, all items shall be guaranteed for a
minimum period of one year against defects in material and workmanship. During
the period, if a defect should occur, that item shall be repaired or replaced by the
Seller at no obligation to the City, except where it be shown that the defect was
caused by misuse and not by faulty manufacture. The offeror expressly warrants all
items to be new, free from defects in design, materials, and workmanship, and to
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
17
rev. 5.8.2024
be fit and sufficient for their intended purpose. Any sample submitted shall create
an expressed warranty that the whole of the goods shall conform to the sample or
model.
19.
REJECTION OF OFFERS The City reserves the right to reject any or all offers, or any
part thereof; to accept any offer or any part thereof; or to waive any informalities
when it is deemed to be in the City's best interest.
20.
DELAY IN EXERCISING CONTRACT REMEDY Failure or delay by the City to exercise
any right, power, or privilege shall not be deemed a waiver thereof.
21.
TAX EXEMPTION The City is not exempt from paying Federal Excise Taxes and will
furnish an exemption certificate upon request.
22.
ORDER OF PRECEDENCE In the event of conflict, the following precedence shall
prevail: (1) Special Terms and Conditions incorporated by attachment; (2) Special
Terms and Conditions; (3) Drawings and Specifications; (4) referenced documents;
and (5) the Standard Terms and Conditions.
23.
CHANGES The City reserves the right to make changes in any of the following: (a)
specifications; (b) methods of shipment; (c) place of delivery; (d) time of delivery;
(e) quantities. If any 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 shall be deemed waived
unless asserted in writing within thirty days from receipt of the change. Price
increases or extensions of delivery time shall not be binding on the City unless in
writing and approved by the Materials Manager prior to the institution of the change.
24.
PRICE ADJUSTMENTS Price adjustments shall be addressed a minimum of Ninety
(90) days prior to the contract renewal date, shall be in writing and include
supportive justification for the proposed increase. Supportive justification means
that the request shall include detailed information and calculations that make it
clear how the claimed increase has an impact on the contract unit prices. The
requested price increase must be based upon a cost increase that was clearly
unpredictable at the time of the offer and can be shown to directly affect price of
the item concerned. The rate increase shall only be considered at time of contract
extension. The City will review the request and shall determine if the increase shall
be granted or if an alternate option is in the best interest of the City. The price
increase adjustment, if approved, will be effective and executed via a contract
amendment.
25.
LATE SUBMISSION OF CLAIM The City will not honor any invoices or claims which
are tendered one year after the last item of the account accrued.
26.
PROTEST OF AWARD Any person who has an objection to the awarding of a
solicitation by the City, pursuant to competitive solicitation procedures, shall lodge
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
18
rev. 5.8.2024
that protest, in writing, with the Materials Manager. The protest should specifically
identify the objection to the award, pursuant to the formal purchase procedure. The
protest must be submitted no later than seven (7) calendar days after the notice of
intent to award is posted on the City's Procurement Internet home page at
https://www.glendaleaz.com/your_government/city_finances/procurement/notice
_of_intent_to_award. Untimely protests will not be considered.
27.
REMEDIES City shall have, in addition to the remedies provided herein, all remedies
afforded by the Uniform Commercial Code as adopted by the State of Arizona.
Contractor shall have, subject to the limitation imposed by the terms of this
agreement, all remedies afforded by the Uniform Commercial Code as adopted by
the State of Arizona.
28.
ASSIGNMENT Neither an order nor monies due thereunder shall be assigned in
whole or in part without the City's prior written consent.
29.
ADDENDA Any change to the proposal will be in the form of a numbered addendum
issued by the Procurement Division. The addendum will be furnished to all who
received the proposal. The City will not be responsible for any oral or written
instructions made by any employees, officers, contracted consultant or agent of the
City in regard to the proposal. The City will not be responsible for offerors adjusting
their offer based on oral or written instructions.
30.
SPECIAL ACCOMMODATIONS Please contact Procurement at 930-2862 at least 3
days prior to the meeting for special accommodation. Hearing impaired persons,
please use the Arizona Relay Service (1-800-367-8939).
31.
OFFER IDENTIFICATION The City is not responsible for the pre-opening of, post-
opening of, or the failure to open, an offer not properly addressed or identified.
32.
OFFER TABULATION An electronic copy of the scoring may be requested by e-
mailing the Procurement office at procurement@glendaleaz.com and referencing
the proposal title and number. The information will be available for distribution
when the City has completed its evaluation process of the offers received.
33.
LIABILITY Except for the sole negligence of the City, its officers, managers,
employees, or agents, Contractor shall be liable to the City for any physical damage
to City property or for the death of, or personal injury to, City personnel arising out
of Contractor's occupancy, maintenance, repair, replacement, installation and/or
any other work performed pursuant to the contract. Contractor agrees to indemnify,
defend and hold the City harmless from any claim or loss arising from such damage
or injury.
34.
OSHA GUIDELINES The contractor shall be familiar with and operate within the
guidelines set forth by the Occupational Safety and Health Act.
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
19
rev. 5.8.2024
35.
PATENTS Seller agrees to defend City at seller's own expense, in all suit, actions,
or proceedings in which City is made a defendant for actual or alleged infringement
of any United States of America or foreign letters patent resulting from City’s use
of the goods purchased as a result of this RFP. Seller further agrees to pay and
discharge any and all judgments or decrees, which may be rendered in any such
suit, action or proceedings against City. Seller agrees to indemnify and hold
harmless the City from any and all license, royalty and proprietary fees or costs,
including legal costs, which may arise out of City’s purchase and use of goods
supplied by the seller. It is expressly agreed by seller, that these covenants are
irrevocable and perpetual.
36.
VENDOR PERFORMANCE Prior offeror performance in regard to product, service,
or representation of/from the offeror may be used in evaluation of this offer.
Unsatisfactory performance to the City may be considered sufficient grounds for
rejection of this offer. No offer will be awarded to any offeror who is in default on
any contract with the City.
37.
PERFORMANCE SURETY REQUIREMENTS The performance sureties shall be in
the form of a bond, cashier's check, certified check or money order. Personal or
company checks are not acceptable unless certified. Letters of credit are not
acceptable. Individual sureties are not acceptable.
PERFORMANCE SURETY The successful proposer shall, at the time of entering
into the contract, furnish a performance surety in the form of a bond, money
order or certified or cashier's check, in the amount of 10 percent of the contract
amount guaranteeing the faithful performance of the contract by the proposer.
If a bond is submitted, it shall be written on the form provided by the City as
an attachment to the proposal documents. The attorney-in-fact who executes
the bond on behalf of the surety shall affix to the bond a certified and current
copy of the power of attorney. The bond must be written by a surety with a Best
Rating no less than an A and must be authorized and licensed to do business
in this State by the Arizona Department of Insurance. Individual sureties and
letters of credit are not acceptable.
38.
FUND APPROPRIATION CONTINGENCY The contractor and the City recognize that
the continuation of any contract after the close of any given fiscal year of the City;
which ends on June 30, shall be subject to the approval of the budget of the City
providing the contract item is an expenditure therein. The City does not guarantee
that the budget item will be actually adopted, as it is the determination of the City
Council at the time of the adoption of the budget.
39.
NOTIFICATION OF AWARD The successful offeror(s) will be notified that their offer
has been accepted by the City Council as recommended for award.
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
20
rev. 5.8.2024
40.
NON-EXCLUSIVITY The City, in its sole discretion, reserves the right to request the
materials or services set forth herein from other sources when deemed necessary
and appropriate. No exclusive rights are included in this Agreement.
41.
PROHIBITIONS - Contractor, and on behalf any subcontractor, certifies, to the
extent applicable under A.R.S. §§ 35-391 et seq and 35-393 et seq, that neither has
"scrutinized" business operations, as defined in the proceeding statutes, in the
countries of Sudan or Iran.
42.
IMMIGRATION LAW COMPLIANCE Contractor, and on behalf any subcontractor,
warrants, to the extent applicable under A.R.S. § 41-4401, compliance with all
federal immigration laws and regulations that relate to their employees as well as
compliance with A.R.S. § 23-214(A) which requires registration and participation
with the E-Verify Program. Any breach of warranty described above is considered
a material breach of this Agreement and is subject to penalties up to and including
termination of this Agreement. City of Glendale (“City”) retains the legal right to
inspect the papers of Contractor or subcontractor employee who performs work
under this Agreement to ensure that Contractor or any subcontractor is compliant
with the warranty described above. City may conduct random inspections, and
upon request of the City, Contractor shall provide copies of papers and records
demonstrating
continued
compliance
with
the
warranty
described
above. Contractor agrees to keep papers and records available for inspection by
the City during normal business hours and will cooperate with City in exercise of its
statutory duties and not deny access to its business premises or applicable papers
or records for the purposes of enforcement of this Section. Contractor agrees to
incorporate into any subcontracts under this Agreement the same obligations
imposed upon itself and expressly accrue those obligations directly to the benefit
of the City. Contractor also agrees to require any subcontractor to incorporate into
each of its own subcontracts under this Agreement the same obligations above and
expressly accrue those obligations to the benefit of the City. Contractor’s warranty
and obligations under this Section I to the City is continuing throughout the term of
this Agreement or until such time as the City determines, in its sole discretion, that
Arizona law has been modified in that compliance with this section is no longer a
requirement. The “E-Verify Program” above means the employment verification
program administered by the United States Department of Homeland Security, the
Social Security Administration, or any successor program.
43.
CONTRACT ADMINISTRATOR The staff member identified as the Contract
Administrator for a solicitation serves as the liaison between Procurement, the city
and the successful contractor. The Contract Administrator manages the contract,
overseeing the daily operations, scheduling, performance and compliance of the
agreement by all parties. The Contract Administrator is responsible for:
a.
Establishing and maintaining records and documentation
b.
Monitoring the contractor’s performance
c.
Handling issues and disputes
d.
Exercising extension options
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
21
rev. 5.8.2024
e.
Initiating contract modifications
f.
Initiating rebids or new solicitations
44.
FORCE MAJEURE
a.
Except for payment of sums due, neither party shall 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
part
affected
and
occurs
without
its
fault
or
negligence. Without limiting the foregoing, force majeure includes acts of
God; acts of the public enemy; war; riots; strikes; mobilization; labor
disputes; civil disorders, fire; flood; lockouts; injunctions-interventions-acts;
or failures or refusals to act by government authority; and other similar
occurrences beyond the control of the party declaring force majeure which
such party is unable to prevent by exercising reasonable diligence.
b.
Force majeure shall not include the following circumstances:
i.
Late delivery of equipment or materials caused by congestion at a
manufacturer’s plant or elsewhere, or an oversold condition of the
market.
ii.
Late performance by a subcontractor unless the delay arises out of a
force majeure occurrence in accordance with this force majeure term
and condition; or
iii.
Inability of either the Contractor or any subcontractor to acquire or
maintain any required insurance, bonds, licenses or permits.
45.
SUSPENSION AND DEBARMENT. (APPLIES TO ALL PURCHASES.)
a.
This contract is a covered transaction for purposes of 2 CFR pt. 180 and 2
CFR pt. 3000. As such, the Contractor is required to verify that none of
Contractor’s principals (defined at 2 CFR § 180.995) or its affiliates (defined
at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940) or
disqualified (defined at 2 CFR § 180.935).
b.
The Contractor must comply with 2 CFR pt. 180, subpart C and 2 CFR pt.
3000, subpart C, and must include a requirement to comply with these
regulations in any lower tier covered transaction it enters into.
c.
This certification is a material representation of fact relied upon by the City
of Glendale. If it is later determined that the contractor did not comply with
2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, in addition to
remedies available to the City, the Federal Government may pursue available
remedies, including but not limited to suspension and/or debarment.
d.
The Contractor agrees to comply with the requirements of 2 CFR pt. 180,
subpart C and 2 CFR pt. 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
22
rev. 5.8.2024
Contractor further agrees to include a provision requiring such compliance
in its lower tier covered transactions.
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
23
rev. 5.8.2024
EXHIBIT 3: INSURANCE REQUIREMENTS
By signing on the Offer/Bid page, solicitation addenda, or cover letter accompanying the submittal
documents, Offerors are certifying that they understand the following notices and agree to comply
with all required terms and conditions.
1)
INSURANCE REQUIREMENTS. Offeror shall procure and maintain until all their
obligations have been discharged, insurance against claims for injury to persons or
damage to property that may arise from or in connection with this Solicitation. The
insurance requirements herein are minimum requirements for this Solicitation and
in no way limit the indemnity covenants contained herein. The City of Glendale in
no way warrants that the minimum limits contained herein is sufficient to protect
the OFFEROR from liabilities that might arise. Offeror is free to purchase such
additional insurance as Offeror determines necessary.
a)
Minimum Scope and Limits of Insurance: Offeror shall provide coverage with
limits of liability not less than those stated below.
i)
Commercial General Liability – Occurrence Form
Policy shall include bodily injury, property damage, personal and advertising
injury and broad form contractual liability coverage.
General Aggregate
$2,000,000
Products – Completed Operations Aggregate
$1,000,000
Personal and Advertising Injury
$1,000,000
Each Occurrence
$1,000,000
(1)
The policy shall be endorsed to include the following additional
insured language: “The City of Glendale, and its departments,
officers, officials, agents, employees and volunteers shall be
named as additional insureds with respect to liability arising
out of the solicitation. Such additional insured shall be
covered to the full limits of liability purchased by the OFFEROR,
even if those limits of liability are in excess of those required
herein.
(2)
Policy shall contain a waiver of subrogation endorsement in
favor of the “City of Glendale, and its departments, officers,
officials, agents, employees and volunteers”. This provision
applies regardless of whether or not the City of Glendale has
received a waiver of subrogation endorsement from the
insurer.
ii)
Business Automobile Liability – (if driving is not a part of the scope
of work, excluding driving from the place of business and to the City
departments, this coverage can be eliminated.)
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
24
rev. 5.8.2024
Bodily Injury and Property Damage for any owned, hired, and/or non-owned
vehicles used in the performance of this Agreement. Combined Single Limit
(CSL) $1,000,000.
(1)
The policy shall be endorsed to include the following additional
insured language: “The City of Glendale and its departments,
officers, officials, agents, employees and volunteers shall be
named as additional insureds with respect to liability arising
out of the activities performed by or on behalf of the Offeror,
involving automobiles owned, licensed, hired or borrowed by
the OFFEROR." Such additional insured shall be covered to the
full limits of liability purchased by the Offeror, even if those
limits of liability are in excess of those required by this license.
(2)
Policy shall contain a waiver of subrogation endorsement in
favor of the “City of Glendale, and its departments, officers,
officials, agents, employees and volunteers” for losses arising
from work performed by or on behalf of the Offeror. This
provision applies regardless of whether or not the City of
Glendale has received a waiver of subrogation endorsement
from the insurer.
iii)
Worker's Compensation and Employers' Liability
Workers' Compensation Statutory
Employers' Liability
Each Accident
$1,000,000
Disease – Each Employee
$1,000,000
Disease – Policy Limit
$1,000,000
(1)
Policy shall contain a waiver of subrogation endorsement in
favor of the “City of Glendale, and its departments, officers,
officials, agents, employees and volunteers” for losses arising
from OFFEROR activities. This provision applies regardless of
whether or not the City of Glendale has received a waiver of
subrogation endorsement from the insurer.
iv)
Fidelity Insurance (Crime Bond)
(1)
The policy shall be issued with minimum limits of $1,000,000.
(2)
The policy shall include coverage for all directors, officers, agents and
employees of the Offeror.
(3)
The policy shall include coverage for third party fidelity.
(4)
The policy shall include coverage for theft.
(5)
The policy shall contain no requirement for arrest and conviction.
(6)
The policy shall cover loss outside the premises of the Named Insured.
(7)
The Department shall be endorsed (Blanket Endorsements are not
acceptable) as a Loss Payee as our interest may appear.
v)
Professional Liability (Errors & Omissions) – no less than $2,000,000 per
occurrence or claim, $4,000,000 aggregate. Should include coverage for
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
25
rev. 5.8.2024
Plan administration and fiduciary administrative duties. Full description of
the E&O Coverage provided.
Errors & Omissions are written as Claims Made Policies. If any of the policies
provide coverage on a claims-made basis the following shall apply:
(1)
The Retroactive Date must be shown and must be before the date of
the contract or the beginning of contract work.
(2)
Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract of
work.
(3)
If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a Retroactive Date prior to the contract
effective date, the Consultant must purchase “extended reporting”
coverage for a minimum of five (5) years after completion of contract
work
vi)
Cyber Liability – with limits not less than $5,000,000 per occurrence or
claim, $10,000,000 aggregate. Coverage shall be sufficiently broad to
respond to the duties and obligations as is undertaken by the Vendor in this
agreement and shall include but not be limited to, claims involving
infringement of intellectual property, including but not limited to
infringement copyright, trademark, trade dress, invasion of privacy
violations, information theft, damage to or destruction of electronic
information, release of private information, alteration of electronic
information, extortion and network security. The policy shall provide
coverage for breach response costs as well as regulatory fines and penalties
as well as credit monitoring expenses with limits sufficient to respond to
these obligations. If the policy is written on a claims-made basis a
Retroactive Date must be shown as indicated item v) above.
vii)
Additional Insurance Requirements: The policies shall include, or be
endorsed to include, the following provisions:
(1)
Policies shall stipulate that the insurance afforded by the organization
shall be primary insurance and that any insurance carried by the City
of Glendale shall be excess and not contributory insurance.
(2) Coverage provided by the organization shall not be limited to the
liability assumed under the indemnification provisions of the license
or contract.
(3) If the Vendor maintains broader coverage and/or higher limits than
the minimum shown, the City requires and shall be entitled to the
broader coverage and/or the higher limits maintained by the Vendor.
Any available insurance proceeds in excess of the specified minimum
of insurance and coverage shall be available to the City.
(4) Vendor
shall
require
and
verify
that
all
subcontractors
(subconsultants) maintain insurance meeting all the requirements
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
26
rev. 5.8.2024
stated herein, and Vendor shall ensure that City is an additional
insured on insurance required from subcontractors (subconsultants).
(5) If the Vendor is awarded the solicitation, the Vendor shall furnish the
City with original Certificates of Insurance including all required
amendatory endorsements before the work begins. However, failure
to obtain the required documents prior to the work beginning shall
not waive the Vendor’s obligation to provide them. The City reserves
the right to require complete, certified copies of all required insurance
policies including endorsements required by these specifications, at
any time.
EXHIBIT B
Professional Services Agreement
SCOPE OF WORK
Contractors proposal follows as Exhibit B.
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
1
rev 10/12/22
Offerors to complete this Response Workbook and submit with their response to this
RFP.
COVER SHEET
OFFEROR NAME:
WSP USA Inc.
OFFEROR ADDRESS: 1230 West Washington Street, Suite 405, Tempe, AZ 85288
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
3
rev 10/12/22
REQUIRED RESPONSES:
Offeror’s answers to the following questions will comprise the Offeror’s response to this
RFP. It should be noted that all attachments or exhibits prepared by the City and
referenced herein are incorporated by reference into the Offeror’s response and shall be
included in a final contract with the successful Offeror. Information prepared by the
Offeror and submitted with their proposal may be incorporated into a final contract (for
example program offerings, curriculum, key personnel, or performance metrics).
1.
Staff Experience and Qualifications
1.1. Introduce your company, highlight your ability and willingness to meet or exceed
the specifications and requirements of this RFP, and explain why your firm is most
qualified.
WSP has provided engineering services including supplemental support and staff
augmentation to various Valley agencies including the City of Glendale, Phoenix,
ADOT, MCDOT, and others. We have supported these agenices in developing
technically sound designs that meet the transportation needs of today and the
future. This includes our presence on the City's engineering on-call list to provide
traffic and transportation engineering services.
WSP understands the requirements and importance of this contract to the City both
on a technical and administrative basis and is committed to to meet and exceed
City goals as specified in the RFP. Our team has direct experience providing similar
suplmental staffing services to the City of Glendale as well as design services
through on-call assignments with the staff who will administer this contract. We
believe our staff's direct experience working with the City, as well as with other
agencies on similar contracts, make WSP the most qualified to support the City.
1.2. Please provide resumes of key personnel who are qualified to perform the duties of
the Senior Traffic Engineer and Junior Traffic Engineer and will be assigned to the
City. Each resume of shall demonstrate the capabilities of each key team member
including the qualifications, education, and licenses/certifications necessary to
successfully perform the tasks and required services. Please submit as a separate
attachment as “ATTACHMENT A – KEY PERSONNEL” Key personnel assigned to
the City may not be reassigned without the City’s written approval.
WSP’s proposed key personnel for this contract have local expertise, experience,
and understanding of the City’s preferences in addressing local traffic and
transportation needs.
WSP proposes Amara Ibeji for the role of Senior Traffic Engineer and William Gil for
the role of Junior Traffic Engineer.
1.3. Provide a minimum of 3 references of similar projects and personnel your firm has
provided services for as stated in this solicitation.
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
4
rev 10/12/22
Reference 1:
City of Glendale
6210 West Myrtle Avenue
Glendale, AZ 85301
Tony Abbo
623-930-2951
tabbo@glendaleaz.com
10/2023 - 06/2024
Provide a brief summary of Services provided: Similar to this RFP contract requirements,
WSP provided staff augemention support services to the City of Glendale Traffic
Engineering Department. Amara worked onsite at City offices and performed engineering
services covering design and operational analysis evaluation.
Reference 2:
Town of Queen Creek
22358 South Ellsworth Road
Queen Creek, AZ 85142
Marshall Riegel
480-358-3153
Marshall.riegel@queencreekaz.gov
03/2019 - Current
Provide a brief summary of Services provided: WSP is currently providing as-needed
Traffic Engineering services to the Town of Queen Creek. William Gil serves as primary
contact to the Town and has provided services ranging fom preparing analysis reports for
citizen complaints, gap studies, speed studies, signal/stop warrant analysis, spot safety
studies and other general traffic engineering services.
Reference 3:
City of Phoenix
200 West Washington Street
Phoenix, AZ 85003
Reed Henry
602-534-7039
reed.henry@phoenix.gov
04/2023 - 06/2024
Provide a brief summary of Services provided: WSP is providing civil, traffic and
transportation on-call support services for the City of Phoenix. Under this contract, WSP
has prepared engineering manuals, traffic safety reports, roadway safety audits (RSA) and
traffic signal, HAWK, and signing and marking improvements. Amara Ibeji is currently
serving as project manager finalzing two HAWK signals, and bike and pedestrian
improvement projects along two major corridors in downtown Phoenix. Mr. Gil is support
as project engineer on several tasks under this contract for the City of Phoenix.
1.4. Include an organizational chart representing the proposed project team.
Below is WSP's proposed organizational chart for this contract:
• Project Principal – Joy Melita, PE
• Senior Project Engineer – Amara Ibeji, PE
• Junior Project Engineer – William Gil, PE
• CAD Support – Juan Soto
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
5
rev 10/12/22
2.
Method of Approach
2.1. Provide a communication plan between key personnel and the City.
WSP prioritizes constant and frequent communication with our clients to ensure a
high-quality product and avoid any surprises resulting in delayed schedules or re-
work. We will coordinate with the City's designated point of contact at the beginning
of each month, determining potential work assignments and providing a look ahead
schedule for each week. Key personnel will function as an extension of City staff and
will be available to report at City offices as needed.
2.2. Describe your firm’s method and approach for recruiting staff positions identified in
this solicitation.
We are proud of our approach to delivering projects, large and small. Our identified
key staff are responsible for delivery of tasks and are committed to this contract for
the full duration. Our key staff are appropriately supported by a bench of
professionals ready to assess specific needs of each task and deliver quality
products throughout every task life-cycle. WSP continuously evaluates our staffing
levels, clients needs, and industry trends to strengthen our resources with strong
traffic and transportation engineers to meet client goals and to ensure continuity of
services.
2.3. Offeror shall describe their approach to address a situation where the City is not
satisfied with the temporary staff placed with the City.
WSP is committed to providing the City with strong candidates for this project. In
the event the City is not satisfied with proposed staff, our Project Principal, Joy
Melita, will schedule and meet with City staff do discuss the concerns and develop a
mitigation strategy. If the City desires a change of assigned staff, we will identify a
timeframe to reassign staff and provide the City a list of candidates and their
respective qualifications available to support under this contract. As mentioned
above, WSP is continuouly expanding its staff resources and is able to pull from its
roster of staff to meet contract obligations as needed.
2.4. Offeror shall describe their approach and replacement policy to address a situation
where a temporary staff member leaves prior to the end of the assignment.
WSP works to ensure continuity of staff members on assigned projects. In the event
an assigned staff leaves prior to end of an assignment, we will work with City staff to
identify a replacement while completing and transitioning all assigned work. Our
goal is to have this solution to the City within two weeks. During such a period, we
will have a staff member with similar qualifications available to provide services to
the City.
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
6
rev 10/12/22
3.
Capacity of Offeror
3.1. How many full-time, part-time, and contract employees do you have on average and
available for the positions as described in this solicitation? (Please provide
breakdown with titles)
Our local Arizona offices and staff greatly value the close ties to the communities we
work with, making a difference throughout the state. As a local firm, we are able to
provide the City of Glendale with highly talented and motivated engineers who can
work seamlessly with existing City employees as they bring their unique skill sets
and capabilities to projects as they are needed.
The following full-time staff are available to support the City on this Contract:
• Amara Ibeji, PE – Senior Project Engineer
• William Gil, PE – Project Engineer
• Sarah Schmid, PE – Project Engineer
3.2. Provide the location of principle office that will be responsible for providing
resources for the resultant contract.
Our Tempe office has supported the City of Glendale in the past with on-call
services including mechanical, plumbing, and electrical (MEP) engineering, as well
as roadway, hydraulics/drainage, geotechnical/materials, traffic, environmental,
structural, utilities and railroad engineering. Our services have even gone beyond
engineering, extending to areas such as public involvement support and
transportation studies. For this project, our office at 1230 West Washington Street,
Suite 405, Tempe, AZ 85288 will once again be responsible for providing resources
to the City.
4.
VENDOR EXCEPTIONS:
Per Exhibit 2.2, Offeror shall note any exceptions to the solicitation documents in
this section using the example below:
Document Name:
Exhibit 3 – Insurance Requirements
Section:
1.a.i. Commercial General Liability – General Aggregate
$5,000,000
Exception:
Vendor’s General Aggregate is only $3,000,000
Document Name: Exhibit 2 - SPECIAL TERMS AND CONDITIONS
Section: 15. General Indemnification
Exception: Remove "defend" in sentence 1.
Exception: Remove "or alleged to be caused, in whole or in part" in sentence 1.
Exception: Replace sentence 4 (final sentence) with "Notwithstanding the
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
7
rev 10/12/22
foregoing, Contractor has no defense or indemnity obligation for any acts or
omissions of its employees done at the direction of the City when operating in
seconded positions at City office locations."
Document Name: Exhibit 2 - SPECIAL TERMS AND CONDITIONS
Section: 18. Warranty
Exception: Remove section.
Document Name: Exhibit 2 - SPECIAL TERMS AND CONDITIONS
Section: 33. Liability
Exception: Remove section.
Document Name: Exhibit 2 - SPECIAL TERMS AND CONDITIONS
Section: 37. Performance Surety Requirements
Exception: Remove section.
Document Name: Exhibit 3 - INSURANCE REQUIREMENTS
Section: 1.a.i.1 Commercial General Liability - Occurrence Form
Exception: Remove "named as" from line 4.
Document Name: Exhibit 3 - INSURANCE REQUIREMENTS
Section: 1.a.iv Fidelity Insurance (Crime Bond)
Exception: Remove section.
Document Name: Exhibit 3 - INSURANCE REQUIREMENTS
Section: 1.a.vii.1 Additional Insurance Requirements
Exception: Insert "in which the City is an additional insured" following "Policies".
Document Name: Exhibit 3 - INSURANCE REQUIREMENTS
Section: 1.a.vii.5 Additional Insurance Requirements
Exception: Remove "original" in sentence 1.
Document Name: Exhibit 3 - INSURANCE REQUIREMENTS
Section: 1.a.vii.5 Additional Insurance Requirements
Exception: Remove "complete, certified" in sentence 3.
5.
ADDENDUM RESPONSES AND ACKNOWLEDGEMENT:
Attach addendum response(s) and acknowledgement(s) here.
Addendum 1
The following questions have been received to Request for Proposals No. 25-12:
QUESTIONS:
1. What would be the number of awards you intend to give (approximate number)?
City Response: This will be determined at the completion of the evaluated
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
8
rev 10/12/22
proposals.
2. What are the estimated funds that are estimated to be allocated for this
contract?
City Response: This has not been determined.
3. What is the tentative start date of this engagement?
City Response: Upon completion and award of the contract. No later than the first
week of November.
4. What is the work location of the proposed candidates?
City Response: City of Glendale, Transportation Department, located at 6210 west
Myrtle
5. Is this a new contract or are there any incumbents? If there is an incumbent,
could you please let us know the incumbent name and pricing and are the
incumbents eligible to submit the proposal again?
City Response: This is a new solicitation.
6. Are there any pain points or issues with the current vendor(s)?
City Response: Not applicable as there are no current vendors.
7. Could you please share the previous spending on this contract, if any?
City Response: Not applicable.
8. Is there any mandatory subcontracting requirement for this contract? If yes, Is
there any specific goal for the subcontracting?
City Response: See the solicitation Exhibits 1, (Sections 4, 10), (Exhibit 2) Section
15, 41, 42, 44 (Exhibit 3) Section 1 – Please read the entire solicitation.
9. How many positions were used in the previous contract (approximate)?
City Response: Not applicable.
10. How many positions will be required per year or throughout the contract term?
City Response: Not applicable. See the solicitation as to what we are looking for
the year.
11. If the proposed candidates are not available at the time of award, will the
agency allow us to provide replacement personnel with similar or more skill sets?
City Response: Candidates must be available no later than the first week of
November.
12. Can we provide hourly rate ranges in the price proposal?
City Response: Please review the Pricing Workbook which is set for hourly rates.
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
9
rev 10/12/22
13. Is it entirely onsite work or can it be done remotely to some extent / Does the
services need to be delivered onsite or is there a possibility for remote operations
and performance?
City Response: See the Introduction Section in the solicitation “Remote work will
not be allowed.”
14. Are resumes required at the time of proposal submission? If yes, Do we need
to submit the actual resumes for proposed candidates or can we submit the
sample resumes?
City Response: Yes, please see “Response Workbook 1.2.”
15. Could you please provide the list of holidays?
City Response: Below is the 2024 Schedule Holidays 2024 Dates
New Years’ Day Monday, January 1
Martin Luther King Jr. Day Monday, January 15
Presidents' Day Monday, February 19
Memorial Day Monday, May 27
Independence Day Thursday, July 4
Labor Day Monday, September 2
Veterans' Day Monday, November 11
Thanksgiving Day Thursday, November 28
Thanksgiving Holiday Friday, November 29
Christmas Holiday Tuesday, December 24 (half-day) Wednesday, December 25
16. Are there any mandated Paid Time Off, Vacation, etc.?
City Response: Not applicable.
Addendum 2
The following questions have been received to Request for Proposals No. 25-12:
As this Addendum was issued less than 5 days before the due date of August 22,
2024, the new due date is August 27, 2024.
QUESTIONS:
1. Would our staff augmentation role for Glendale preclude us from future public
sector or development opportunities?
CITY RESPONSE: If there is conflict of interest, we will not allow the staff to
comment of the development. We need to be aware of the development that
staff/company are working on so that they can exclude themselves from reviewing
any work that the developer is submitting to the City.
2. How far in advance will we know about upcoming work?
CITY RESPONSE: We will have steady work to provide the consultant. A weekly
schedule will be provided 7 to 10 days before.
3. When will the week-to-week negotiations for work occur?
CITY RESPONSE: End of October.
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
10
rev 10/12/22
4. What is the flexibility in negotiating hours and staff availability?
CITY RESPONSE: There is flexibility.
5. Regarding pricing: Are our hourly fees expected to be calculated for full work
days (Clarification: Are you expecting partial days)?
CITY RESPONSE: The billing will be made based on hours worked that week.
6. Can you clarify what you mean by "recruiting staff positions" in this context? Are
you asking about our internal recruitment process, or how we would staff this
specific project?
CITY RESPONSE: If you are referring to 2.2 of the RESPONSE WORKBOOK, this is
asking for you to “describe your approach to recruiting position as identified in
the solicitation.”
6.
CONFLICT OF INTEREST STATEMENT:
If Offeror indicated they have a conflict of interest on the Offer Sheet, Offeror must
provide details here. Please refer to the CONFLICT-OF-INTEREST section within
Exhibit 1 for required information to be included here.
No conflict of interest identified.
City of Glendale
Solicitation Number: RFP 25-12 / 42500010
TEMPORARY STAFF FOR TRANSPORTATION
PRICING WORKBOOK
CITY OF GLENDALE
Procurement Department
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302
3. PRICING/COST WORKBOOK
Contractor must complete the Pricing Schedule below. Proposed pricing must not
increase for the initial term of the agreement or the first initial term whichever is greater.
Any items not clearly listed on Contractor’s submitted price proposal will be considered
included in Contractor’s price at no additional cost to the city. All pricing should
contemplate compliance with the performance requirements as specified in the Scope of
Work.
Instructions:
a.
The cost proposal must be submitted separately from the rest of the written
proposal.
b.
Cost proposals shall be quoted as an all-inclusive hourly rate for services.
c.
All inclusive – covers all direct and indirect necessary expenses including but not
limited to account management, overhead, computer, travel/mileage,
communication (telephone/cell phones/wireless access), copying, contract
administration, and other out-of-pocket expenses.
d.
Not to Exceed – The actual fees shall not exceed the amount specified in fee
proposal.
PRICE SCHEDULE
Senior Traffic Engineer
$ 226.87 / hour
Junior Traffic Engineer
$ 158.23 / hour
Drafting Services
$ 125.57 / hour
Other
$ 148.98 / hour
PAYMENT Contractor shall provide monthly statements of itemized services. Payment
will be reviewed and approved by the Contract Administrator or designee. The itemized
statement shall not exceed the proposal fee in this Section.
TAX AMOUNT Do not include any use tax or federal tax in your proposal.
OFFEROR NAME: WSP USA, Inc.
EXHIBIT C
Professional Services Agreement
COMPENSATION
METHOD AND AMOUNT OF COMPENSATION
Payment will be as per section 5.2 Billing and Payment.
NOT-TO-EXCEED AMOUNT
The total amount of compensation paid to Consultant for full completion of all work required by the Project
during the entire term of the Project must not exceed $148,200.
DETAILED PROJECT COMPENSATION
Per pricing in Exhibit B.