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1 01/28/2025 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND PROFESSIONAL PIPE SERVICES, INC. This Linking Agreement (“Agreement”) is entered into as of this day of , 2025, between the City of Glendale, an Arizona municipal corporation (“City”), and Professional Pipe Services, Inc., a California corporation, authorized to do business in Arizona (“Contractor”), collectively, the “Parties.” RECITALS A. On July 1, 2024, the City of Phoenix, a member of the S.A.V.E Cooperative Purchasing Agreement, entered into a contract with Contractor to purchase the goods and services described in Sewer and Storm Drain Cleaning and Inspection Services Contract No. 160835--0 (“Cooperative Agreement”), which is attached hereto as Exhibit A. The Cooperative Agreement allows its cooperative use by other governmental agencies, including the City. B. Section 2-149 of the City’s Procurement Code permits the Finance Director to procure goods and services by participating with other governmental units in cooperative purchasing agreements when the best interests of the City would be served. C. Section 2-149 also provides that the Finance Director may enter into such cooperative agreements without meeting the formal or informal solicitation and bid requirements of Glendale City Code Sections 2-145 and 2-146. D. The City wishes to contract with Contractor for supplies or services identical to those being provided to other units of government under the Cooperative Agreement. Contractor consents to the City’s cooperative use of the terms and conditions of the Cooperative Agreement, and agrees to provide the supplies and services set forth in the Statement of Work appended hereto as Exhibit B. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference, and the covenants and promises contained in this Linking Agreement, the parties agree as follows: 1. Term of Agreement. A. As provided in the Cooperative Agreement, purchases can be made by governmental entities from the date of award, which was July 1, 2024, until the date the contract terminates on June 30, 2029, unless the term is extended by mutual agreement of the parties to the Cooperative Agreement. The Cooperative Agreement, however, may not be extended beyond June 30, 2029. The initial period of this Agreement is the period from the Effective Date of this Agreement until June 30, 2029. 2. Scope of Work; Terms, Conditions, and Specifications. A. Contractor shall provide City the supplies and/or services identified in the Scope of Work attached as Exhibit B. 2 01/28/2025 B. Contractor agrees to comply with all the terms, conditions and specifications of the Cooperative Purchasing Agreement. Such terms, conditions and specifications are specifically incorporated into and are an enforceable part of this Agreement. 3. Compensation. A. City shall pay Contractor compensation at the same rate and on the same schedule as provided in the Cooperative Purchasing Agreement, which is attached hereto as Exhibit C. B. The total purchase price for the supplies and/or services purchased under this Agreement shall not exceed eight hundred thousand dollars ($800,000) for the entire term of the Agreement (initial term plus any extensions). 4. Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511. 5. Non-discrimination. Contractor must not discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual orientation, gender identity or expression, genetic characteristics, familial status, U.S. military veteran status or any disability. Contractor will require any Sub-contractor to be bound to the same requirements as stated within this section. Contractor, and on behalf of any subcontractors, warrants compliance with this section. 6. Insurance Certificate. A certificate of insurance applying to this Agreement must be provided to the City prior to the Effective Date. 7. E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the requirements of A.R.S. § 41-4401. 8. No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the parties hereby certify that they are not currently engaged in, and agree for the duration of the Agreement to not engage in, a boycott of goods or services from Israel, as that term is defined in A.R.S § 35-393. 9. Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and during the term of this Agreement, will not use: a. the forced labor of ethnic Uyghurs in the People’s Republic of China; b. any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; and c. any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 10. Attestation of PCI Compliance. When applicable, the Contractor will provide the City annually with a Payment Card Industry Data Security Standard (PCI DSS) attestation of compliance certificate signed by an officer of Contractor with oversight responsibility. 11. Notices. Any notices that must be provided under this Agreement shall be sent to the Parties’ respective authorized representatives at the address listed below: LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND PROFESSIONAL PIPE SERVICES, INC. EXHIBIT A SEWER AND STORM DRAIN CLEANING AND INSPECTION SERVICES, CITY OF PHOENIX CONTRACT NO. 160835--0 Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 1 INVITATION FOR BID IFB 2324 WWC-626 (SD) SEWER AND STORM DRAIN CLEANING AND INSPECTION SERVICES City of Phoenix Water Services 200 W. Washington Street Phoenix, AZ 85003 RELEASE DATE: March 12, 2024 DEADLINE FOR QUESTIONS: March 26, 2024 RESPONSE DEADLINE: April 3, 2024, 2:00 pm Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 2 City of Phoenix INVITATION FOR BID IFB 2324 WWC-XXX (SD) Sewer and Storm Drain Cleaning and Inspection Services 1. Introduction............................................................................................................... 3 2. Instructions ............................................................................................................... 6 3. Scope of Work ........................................................................................................ 15 4. Standard Terms and Conditions ............................................................................. 31 5. Special Terms and Conditions ................................................................................ 48 6. Defense and Indemnification .................................................................................. 76 7. Insurance Requirements ........................................................................................ 77 8. Submittals............................................................................................................... 80 Aviation Only - Sensitive Security Information Acknowledgement Form Offer Conflict Of Interest And Transparency Costs And Payments Emergency 24-Hour Service Contact Contractor Licensing Requirements Contractor Information Place Of Business Acceptance Form Attachments: Attachment A - Fee Schedule Attachment B - References Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 3 1. Introduction 1.1. Summary The City of Phoenix (City) Water Services Department (WSD), Street Transportation Department (STD) and Aviation Department (AVN) are responsible for cleaning and maintaining sewers and storm drains. This service is provided by City staff and through contracted services. 1.2. Background Contractor experienced with scheduled and emergency cleaning and debris removal of sanitary sewers. Other required services include Closed-Circuit Television (CCTV) inspections of small diameter (6 to 15 inch) and large diameter (18 to 90 inch) sanitary sewer pipes, manhole inspections, lift station wet well cleaning, 3D optical pipeline scanning, 3D optical manhole scanning, laser/sonar profiling, and related services. with cleaning and CCTV inspections of the storm drain system (also known as the municipal separate storm sewer system or MS4). The AVN is responsible for scheduling maintenance, inspection and cleanout of the sewer and stormwater infrastructure and building wastewater collection for pipelines that are smaller than 6 inches in diameter on Aviation Department property. The Contractor may also be required to assist with cleaning pipes that are 6 inches in diameter and larger. Services under the resultant contract will be performed on a 24/7/365 basis for AVN. The Contractor and its employees will be required to work and operate a motor vehicle at the Phoenix Sky Harbor International Airport and its owned and maintained surrounding properties. All Contractor staff working under the resultant contract must pass a Security Threat Assessment and Criminal Background Check to obtain badge(s). The City reserves the right to approve Contractor proposed personnel. During the contract term, if the City determines that Contractor personnel are not performing in accordance with the contract and to the satisfaction of the City, the City reserves the right to request replacement of those Contractor personnel. 1.3. Contact Information Steve De La Huerta Contract Specialist II 200 W. Washington Street Phoenix, AZ 85003 Email: steve.delahuerta@phoenix.gov Phone: (602) 261-8812 Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 4 Department: Water Services 1.4. Timeline Schedule of Events The City reserves the right to change dates, times, and locations, as necessary. The City does not always hold a Pre-Offer Conference or Site Visit. To request a reasonable accommodation or alternative format for any public meeting, please contact the Procurement Officer (Steve De La Huerta) at (602) 261-8812/Voice or 711/TTY, or steve.delahuerta@phoenix.gov, no later than two (2) weeks prior to the meeting. Solicitation Issue Date March 12, 2024 Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 5 Pre-Offer Conference (Non- Mandatory) February 19, 2024, 10:30am WebEx Link here: When it's time, join your Webex meeting here. Join meeting More ways to join: Join from the meeting link https://cityofphoenix.webex.com/cityofphoenix/j.php?MTID=mcb551dbb4e4da3f9c4e2be106dbf8ff3 Join by meeting number Meeting number (access code): 2631 890 4863 Meeting password: dUKX4Emmq68 Tap to join from a mobile device (attendees only) +1-415-655-0001,,26318904863## US Toll Join by phone +1-415-655-0001 US Toll Global call-in numbers Join from a video system or application Dial 26318904863@cityofphoenix.webex.com You can also dial 173.243.2.68 and enter your meeting number. Need help? Go to https://help.webex.com Written Inquiries Due Date March 26, 2024, 2:00 pm wsdprocurement@phoenix.gov Offer Due Date April 3, 2024, 2:00pm wsdprocurement@phoenix.gov Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 6 2. Instructions 2.1. Description Statement of Need The City of Phoenix invites electronic offers for sewer and storm drain cleaning and inspection services for a five-year contract commencing on or about July 1, 2024, in accordance with the the Phoenix City Code, whichever is later. This solicitation is available through Arizona Relay Service 7-1-1. Please call TTY 800-367-8939 for assistance. Notwithstanding the foregoing, this Agreement will terminate upon the earliest occurrence: by reaching the end of the term including any extensions exercised, or termination pursuant to the provisions of this Agreement. 2.2. City's Vendor Self-Registration and Notification -Registration System at https://www.phoenix.gov/procure to respond to solicitations and access procurement information. The City may, at its sole discretion, reject any offer from an Offeror who has not registered. 2.3. Preparation of Offer All forms provided in Submittal Section must be completed and submitted with the Offer. The signed and completed Conflict of Interest and Transparency form must be included or your Offer may be deemed non-responsive. It is permissible to copy Submittal forms if necessary. Erasures, interlineations, or other modifications of the Offer must be initialed in original ink by the authorized person signing the Offer. No offer will be altered, amended or withdrawn after the specified offer due date and time. The City is not respons All time periods stated as a number of days will be calendar days. It is the responsibility of all Offerors to examine the entire solicitation and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting an offer. Negligence in preparing an offer confers no right of withdrawal after due date and time. Offerors are strongly encouraged to: A. Consider applicable laws and/or economic conditions that may affect cost, progress, performance, or furnishing of the products or services. B. and other related data. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 7 C. Promptly notify the City of all conflicts, errors, ambiguities, or discrepancies that Offeror has discovered in or between the solicitation and other related documents. D. The City does not reimburse the cost of developing, presenting or providing any response to this solicitation. Offers submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. The Offeror is responsible for all costs incurred in responding to this solicitation. All materials and documents submitted in response to this solicitation become the property of the City and will not be returned. E. Offerors are reminded that the specifications stated in the solicitation are the minimum level required and that offers submitted must be for products or services that meet or exceed the minimum level of all features specifically listed in this solicitation. Offers offering less than any minimum specifications or criteria specified are not responsive and should not be submitted. F. Offer responses submitted for products considered by the seller to be acceptable alternates evaluate the products offered. Offers submitted without this product information may be considered as non-responsive and rejected. The City will be the sole judge as to the acceptability of alternate products offered. G. Prices will be submitted on a per unit basis by line item, when applicable. In the event of a disparity between the unit price and extended price, the unit price will prevail unless obviously in error. 2.4. Fixed Offer Price Period All offers shall be firm and fixed for a period of 180 calendar days from the solicitation opening date. 2.5. Obtaining a Copy of the Solicitation and Addenda Interested Offerors may download the complete solicitation and addenda from https://solicitations.phoenix.gov/. Any interested Offerors without internet access may obtain this solicitation by calling the Procurement Officer or picking up a copy during regular business hours at the City of Phoenix, Water Services Department, 200 W. Washington St. 9th floor Phoenix, AZ 85003 all required information is submitted with their Offer. 2.6. Exceptions Offeror must not take any exceptions to any terms, conditions or material requirements of this solicitation. Offers submitted with exceptions may be deemed non-responsive and disqualified Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 8 requirements specified in the solicitation. The City encourages Offerors to send inquiries to the Procurement Officer rather than including exceptions in their Offer. 2.7. Inquiries All questions that arise relating to this solicitation should be directed via email to the Procurement Officer and must be received by the due date indicated in the Schedule of Events. The City will not consider questions received after the deadline. No informal contact initiated by Offerors on the proposed service will be allowed with members of this solicitation until after city council awards the contract. All questions concerning or issues related to this solicitation must be presented in writing. The Procurement Officer will answer written inquiries in an addendum and publish any addendums on the Procurement Website. 2.8. Addenda The City of Phoenix will not be responsible for any oral instructions made by any employees or officers of the City of Phoenix regarding this solicitation. Any changes will be in the form of an addendum. The Offeror must acknowledge receipt of any/all addenda by signing and returning the document with the Offer submittal. 2.9. Business in Arizona The City will not enter contracts with Offerors (or any company(ies)) not granted authority to transact business, or not in good standing, in the state of Arizona by the Arizona Corporation Commission, unless the Offeror asserts a statutory exception prior to entering a contract with the City. 2.10. Licenses If required by law for the operation of the business or work related to this Offer, Offeror must possess all valid certifications and/or licenses as required by federal, state or local laws at the time of submittal. 2.11. Certifications By signature in the Offer section of the Offer and Acceptance page(s), Offeror certifies: The submission of the Offer did not involve collusion or other anti-competitive practices. The Offeror must not discriminate against any employee, or applicant for employment in violation of Federal or State Law. The Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted Offer. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 9 2.12. Withdrawal of Offer At any time prior to the solicitation due date and time, an Offeror (or designated representative) may withdraw the Offer by submitting a request in writing and signed by a duly authorized representative. If Offeror withdraws the Offer electronically by email to the Procurement Officer, the request to withdraw must be in the form of a letter attached to the email that includes either verifiable source, such as Adobe Sign, DocuSign or a similar verifiable software program. 2.13. Offer Results Offers will be opened on the offer due date, time and location indicated in the Schedule of Events, at which time the name of each Offeror, and the prices may be read. Offers and other information received in response to the solicitation will be shown only to authorized City personnel having a legitimate interest in them or persons assisting the City in the evaluation. Offers are not available for public inspection until after the Ci website. https://solicitations.phoenix.gov/Awards within five business days of the offer opening. The City will post the information on the preliminary tabulation as it was read during the offer opening. The City makes no guarantee as to the accuracy of any information on the preliminary tabulation. Once the City has evaluated the offers, the City will post an award recommendation on the website. By signing and submitting its Offer, each Offeror agrees that this posting of the award award recommendation. The City has no obligation to provide any further notification to unsuccessful Offerors. 2.14. Pre-Award Qualifications Offeror must have been in operation a minimum of 5 ye during the past 5 years will have been for providing the goods or services in this solicitation. Upon notification of an intent to award, the Offeror will have ten calendar days to submit a complete certificate of insurance in the minimum amounts and the coverages as required in the Insurance Requirements of this agreement. Insurance requirements are non-negotiable. 2.15. Minimum Qualifications The qualified and responsive offeror must meet all minimum qualifications listed below. Should an offeror fail to meet one of the minimum qualifications identified, the offer will be disqualified as non-responsive. Offeror has sanitary and storm sewer emergency response experience including but not limited to relieving obstructions, perform CCTV inspections in heavy traffic locations, and perform confined space entries as necessary. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 10 Offeror shall possess the equipment to CCTV 4-inch to 90-inch sanitary and storm sewer mains and laterals. e capability to inspect a sewer lateral located in the public right-of- , MACP, and NASSCO certifications at the time of submittal. Inventory of available equipment AZ Contractor license 2.16. Award of Contract Unless otherwise indicated, award(s) will be made to the most responsive, responsible Offeror(s) who are regularly established in the service, or providing the goods, contained in this solicitation and who have demonstrated the ability to perform in an acceptable manner. A. Factors that may be considered by the City include: 1. Technical capability of the Offeror to accomplish the scope of work required in the Solicitation. This may include performance history on past and current government or industrial contracts; and, 2. Demonstrated availability of the necessary manpower (both supervisory and operational personnel) and necessary equipment to accomplish the scope of work in the Solicitation; and, 3. Safety record; and, 4. Offeror history of complaints and termination for convenience or cause. B. Notwithstanding any other provision of this solicitation, the City reserves the right to: (1) waive any immaterial defect or informality; or (2) reject any or all offers or portions thereof; or (3) reissue a solicitation. C. A response to a solicitation is an offer to contract with the City based upon the terms, conditions, and specifications contai contracts until they are executed by the Chief Procurement Officer or Department Director. A contract has its inception in the award, eliminating a formal signing of a separate contract. For that reason, all of the terms, conditions and specifications of the procurement contract are contained in the solicitation, and in any addendum or contract amendment. 2.17. Solicitation Transparency Policy Commencing on the date and time a solicitation is published, potential or actual Offerors or respondents (including their representatives) shall only discuss matters associated with the solicitation with the Mayor, any members of City Council, the City Manager, any Deputy City Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 11 Manager, or any department director directly associated with the solicitation (including in each case their assigned staff, except for the designated Procurement Officer) at a public meeting, posted under Arizona Statutes, until the resulting contract(s) are awarded to all offers or responses are rejected and the solicitation is cancelled without any announcement by the As long as the solicitation is not discussed, Offerors may continue to conduct business with the City and discuss business that is unrelated to the solicitation with the City staff. Offerors may not discuss the solicitation with any City employees or evaluation panel members. Offerors may discuss their proposal or the solicitation with the Mayor or one or more members of the Phoenix City Council, provided such meetings are scheduled through the Procurement Officer, and are posted as open meetings with the City Clerk at least 24 hours prior to the scheduled meetings. The City Clerk will be responsible for posting the meetings. The posted notice shall identify the participants and the subject matter, as well as invite the public to participate. With respect to the selection of the successful Offerors, the City Manager and/or City Manager's Office will continue the past practice of exerting no undue influence on the process. In all solicitations of bids and proposals, any direction on the selection from the City Manager and/or City Manager's Office and Department Head (or representative) to the proposal review panel or selecting authority must be provided in writing to all prospective Offerors. This policy is intended to create a level playing field for all Offerors, assure that contracts are awarded in public, and protect the integrity of the selection process. OFFERORS THAT VIOLATE THIS POLICY SHALL BE DISQUALIFIED. After official Notice is received by the City for disqualification, the Offeror may follow the Protest process, unless the Solicitation is cancelled without notice of intent to re-issue. contact. Offerors that violate this policy will be disqualified until the resulting contract(s) are awarded, or all offers or responses are rejected and the solicitation is cancelled without any solicitation. The City interprets the policy as continuing through a cancellation of a solicitation until Council award of the contract, as long as the City cancels with a statement that the City will rebid the solicitation. 2.18. Protest Process Offeror may protest the contents of a solicitation no later than seven days before the solicitation deadline when the protest is based on an apparent alleged mistake, impropriety or defect in the solicitation. Protests filed regarding the solicitation may be addressed by an amendment to the solicitation or denied by the City. If denied, the opening and award will proceed unless the City dete or re-bid. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 12 Therefore, unless otherwise notified by a formal amendment, the Protester must adhere to all solicitation dates and deadlines, including timely filing of an offer, regardless of filing a protest. Offeror may protest an adverse determination issued by the City regarding responsibility and responsiveness, within seven days of the date the Offeror was notified of the adverse determination. Offeror may protest an award recommendation if the Offeror can establish that it had a substantial chance of being awarded the contract and will be harmed by the recommended award. The City n Offeror(s). Offeror must submit award protests within seven days after the posting of the award recommendation, All protests will be in writing, filed with the Procurement Officer identified in the solicitation and include the following: Identification of the solicitation number; The name, address and telephone number of the protester; A detailed statement describing the legal and factual grounds for the protest, including copies of relevant documents; The form of relief requested; and The signature of the protester or its authorized representative. The Procurement Officer will render a written decision within a reasonable period after the protest is filed. The City will not request City Council authorization to award the contract until the protest Procurement Code, (Phoenix City Code, Ch. 43) and any protests or appeals not submitted within the time requirements will not be considered. Protests must be filed with the Procurement Officer. 2.19. Public Record All Offers submitted in response to this solicitation will become the property of the City and become a matter of public record available for review pursuant to Arizona State law. If an Offeror believes that a specific section of its Offer response is confidential, the Offeror will isolate the pages marked confidential in a specific and clearly labeled section of its Offer response. An Offeror may request specific information contained within its Offer is treated by the Procurement extent necessary for the evaluation process, info treated as confidential. Once the procurement file becomes available for public inspection, the available to the public unless necessary to support the evaluation process or if specifically requested in accordance with applicable public records law. When a public records request for such information is received, the Procurement Officer will notify the Offeror in writing of any Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 13 forth in the notice to obtain a court order enjoining such disclosure. If the Offeror does not provide the Procurement Officer with a court order enjoining release of the information during the designated time, the Procurement Officer will make the information requested available for inspection. 2.20. Late Offers Late Offers must be rejected, except for good cause. If a late Offer is submitted, the Department will document the date and time of the submittal of the late Offer, keep the Offer and notify the Offeror that its Offer was disqualified for being a late Offer. 2.21. Right to Disqualify The City reserves the right to disqualify any Offeror who fails to provide information or data requested or who provides materially inaccurate or misleading information or data. The City further reserves the right to disqualify any Offeror on the basis of any real or apparent conflict of interest that is disclosed by the Offer submitted or any other data or information available to the City. This disqualification is at the sole discretion of the City. By submission of a solicitation response, the Offeror waives any right to object now or at any future time, before any agency or body including, but not limited to, the City Council of the City or any court as to the exercise by the City of such right to disqualify or as to any disqualification by reason of real or apparent conflict of interest determined by the City. The City reserves the right to replace the disqualified Offeror. 2.22. Site Inspection Offerors should visit the site and familiarize themselves with any conditions that may affect performance and submittal prices. Submission of an offer will be prima facie evidence that the Offeror did, in fact, make a site inspection and is aware of all conditions affecting performance and submittal prices. Please contact the Procurement Officer listed on the front page to arrange for a site inspection. 2.23. Contract Award In accordance with the City of Phoenix Code, Chapter 43, Section 43-12, Competitive Sealed Bidding, award(s) shall be made to the lowest responsible and responsive offeror(s) whose offer conforms in all material respects to the requirements set forth in this solicitation. The City reserves the right to award a contract by individual line items, by group, all or none, or any other combination most advantageous to the City. The City reserves the right to multiple award. 2.24. Determining Responsiveness and Responsibility Offers will be reviewed for documentation of any required minimum qualifications, and completeness and compliance with the solicitation requirements. The City reserves sole discretion to determine responsiveness and responsibility. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 14 Responsiveness: Nonresponsive Offers will not be considered in the evaluation process. The solicitation states criteria that determine responsiveness, and the solicitation includes terms and conditions that if included or excluded from Offers will render an Offer nonresponsive. Responsibility: To obtain true economy, the City must conduct solicitations to minimize the possibility of a subsequent default by the Offeror, late deliveries, or other unsatisfactory performance that may result in additional administrative costs. It is important that the Offeror be and facilities for conducting the work to be performed. 2.25. Equal Low Offer Contract award will be made by putting the names of the tied Offerors in a cup for a blind drawing limited to those bidders with tied Offers. If time permits, the Offerors involved will be given an opportunity to attend the drawing. The drawing will be witnessed by at least three persons, and the contract file will contain the names and addresses of the witnesses. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 15 3. Scope of Work 3.1. ACRONYMS: All work performed under the resultant contract must adhere to the applicable standards of the following entities: A. AVN: Aviation Department B. CAT scan: Computerized Axial Tomography scan C. CCTV: Close-circuit Television D. MGD: Million Gallons Per Day E. PPE: Personal Protective Equipment F. SMD: Street Maintenance Division in Street Transportation Department G. STD: Street Transportation Department H. SSO: Sanitary Sewer Overflow I. WSD: Water Services Department 3.2. DEFINITIONS: A. Manhole: Synonymous with stormwater inlets, manholes, sumps, cover, lid, and outlets B. MS4: storm drain system also known as Municipal Separate Storm Sewer System C. 3D Camera / Panoramic Camera: Three-Dimensional camera and Panoramic camera are used interchangeably in this document. These cameras utilize dual lenses to produce a 360-degree virtual view of the pipe and manhole cavity. 3.3. STANDARDS A. ADEQ: Arizona Department of Environmental Quality B. ADOT: Arizona Department of Transportation C. EPA: Environmental Protection Agency D. ISO/IEC: 11172 Specifications for MPEG-1: International Organization of Standardization/International Electrotechnical Commission 11172 Moving Picture Experts Group I E. MACP: Manhole Assessment Certification Program F. MCDOT: Maricopa County Department of Transportation G. MCESD: Maricopa County Environmental Services Division H. MUTCD: Manual on Uniform Traffic Control Devices I. NASSCO: National Association of Sewer Service Companies J. OSHA: Occupational Safety and Health Administration K. PACP: Pipeline Assessment Certification Program L. WSD CSP: WSD Confined Space Program: Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 16 3.4. CONTRACTOR WORK REQUIREMENTS: The Contractor must arrive at job site on time and be fully equipped and prepared to start the work. For work at the Aviation Department, Contractor is responsible for providing appropriate tool(s) and equipment to remove and lift bolted aircraft rated storm drain grates and lids. A. Project Manager: The proposed Project Manager shall remain unchanged throughout the contract term. The Project Manager may only be changed with the approval from the City. The Contractor must submit a resu., .,/ B. me detailing the qualifications of the proposed replacement Project Manager for the prior approval. C. Provide all labor, materials, equipment, supplies, supervision, and transportation necessary to provide the required services. The Contractor will prioritize the work, schedule the City as the work is completed. The Contractor will immediately notify the City if an issue or structural defect is discovered while performing the work. D. Emergency work should be responded to as required by this Contract in section 3.16. The findings transmitted to the City representative. Contractor staff that will be conducting CCTV and/or manhole inspections shall possess the appropriate NASSCO, MACP, and PACP certifications and will provide documentation to the City upon request. E. AVN ONLY: All technicians performing work at an Aviation Department facility must check- in with the ADR (Aviation Department Representative) or designee. At the completion of the workday, all technicians must check-out with the ADR or designee. The billable work hours begin at the time of sign-in and ends at the time of sign-out. The labor hours billed on the invoice must reflect the same hours recorded with the ADR. 3.5. The software used by Contractor for inspection must be certified by NASSCO for PACP and MACP - version 7.0.1 or most recent standard, and must support Capacity, Management, Operations, and Maintenance (CMOM) activities as defined by the EPA and ADEQ. A. WCD is currently using CUES GNET to manage all CCTV inspection information. The Contractor must upgrade inspection software as necessary to support the City's current and future data management needs which may include, but is not limited to, the use of CUES GNET Basic 5.3 version, and the future use of other programs to manage data. 3.6. CLEANING/ DEBRIS REMOVAL REQUIREMENTS: The Contractor shall perform visual inspections, at no additional cost to the City, on all structures accessed during the cleaning process. The Contractor shall notify the authorized representative Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 17 of the WCD, SMD or AVN via email or if emergency, by phone of any structures with excessive deterioration or corrosion. A. Cleaning/debris removal shall start at the upstream end and progress to the downstream end of the system: 1. Deviations from this procedure may be necessary and approval from the authorized representative of the WCD, SMD or AVN must be obtained prior to implementation. 2. Contractor shall note each segment cleaned on a work order and/or City approved form as a manhole to manhole run using the unique asset identification numbers provided by the City. 3. If the field conditions do not match those of the maps / work orders provided by the City, the Contractor shall seek guidance from the appropriate City representative. B. The sanitary sewer and storm drain system shall be cleaned by removing dirt, grease, rock, sand, and all other harmful or obstructive material from the lines, manholes, and/or other structures. 1. Solids shall be removed by hydro jetting and suction, pumping, or mechanical means including rodding, and/ or a physical means using a confined space entry. C. The cleaning/debris removal process shall be accomplished while the sanitary sewer or storm drain system is flowing. 1. Bypass pumping is not permitted. 2. Suitable traps or weirs shall be used to minimize the movement of solids to adjacent sections of sewer. D. The Contractor shall clean the sanitary sewers or storm drains using a City approved method that demonstrates at least 90% of the pipeline is free of solids, sediment, and debris. E. All necessary precautions must be taken to protect the lines from damage and to ensure that flooding/spills, which may result in the contamination of private or public property, do not occur because of the cleaning/debris removal process. 1. Damage to the lines, manholes/structures, or flooding of private or public property which occurs because of the cleaning/debris removal process shall be the responsibility of the Contractor. If there is damage to the City infrastructure, the City will correct and charge the contractor. 3.7. DEBRIS DISPOSAL: A. The Contractor shall decant or separate the water before transporting the solids. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 18 1. Liquid decanted from the solids shall be returned to the sanitary sewer while performing services for the City under this contract only. Solids/debris shall be removed from the job site daily. 2. The Contractor shall keep the job site clean and sanitary. B. The solids/debris removed shall be transported to a licensed by Maricopa County to receive wastewater debris disposal site by the Contractor. 1. The Contractor must complete any disposal documentation requested by the disposal site, retain documentation for the duration of the contract term, and make copies available to WCD, SMD or AVN authorized representative when requested. AVN requires disposal documentation to be submitted with invoices. 2. All fees and/or permits required to dispose of the waste shall be the responsibility of the Contractor. C. Contractor may also dispose of non-hazardous debris at the 91st Avenue Wastewater Treatment Plant (Plant) located in Tolleson, in the sludge bed(s) specifically designated by the Plant, at no charge. 1. The Contractor must sign in with plant staff and/or the security guard and provide the required City provided manifest or disposal documentation. 2. All equipment must stay on the access roads and damage to the lined sludge beds will be repaired at the Contractor's expense. D. Under no circumstances shall solids or liquids removed from sewer or storm drain lines be dumped onto the streets, ditches, catch basins, storm drains, retention/detention basins, or vacant land. 3.8. BLOCKAGE PREVENTION/SPILL RESPONSE/RESTORATION PLAN FOR SANITARY SEWER LINES: Thirty days prior to initiating work under this contract, the Contractor shall provide written procedures to the WCD or AVN authorized representative which describes the mobilization of employees, materials, tools and equipment to mitigate a surcharged or a blocked sewer line in the event that one is encountered or c A. The Contractor shall notify the authorized representative of the WCD (and AVN when on airport property) within one hour of identifying the sanitary sewer overflow (SSO) or blockage and report the SSO to -8000. B. It is the responsibility of the Contractor to protect the health and safety of the public and to protect environmental resources by mitigating the impact of the overflow to the extent Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 19 possible under the circumstances. Therefore, during an SSO event, the Contractor shall undertake the following until incident management can be transferred to the City: 1. Establish safety perimeters and control zones with appropriate traffic control and barricades to protect the public and City/Contractor crews. 2. Take immediate action to contain and stop the overflow (e.g. - direct flow away from water bodies, storm drain inlets, and the public by using flow diversion devices while recovering overflow through vacuum truck, diverting into downstream sanitary sewer manhole, etc.) 3. Estimate the overflow volume. 4. Take appropriate photographs to document the nature and extent of the SSO including upon arrival, during the cleanup and after the cleanup is completed. 5. Report any apparent damage to public or private property as a result of the event to the WCD (and AVN when on airport property) representative. 6. Determine the probable cause of the overflow and location of the blockage or failure. C. Prior to restoring the sewer line to full capacity, clean any debris that may have entered and accumulated in the sewer line from the upstream end to the downstream end. 1. To clear the blockage, the use of a jet hydro-vac combination truck, mechanical rodder or any additional equipment that safely and effectively relieves the blockage may be used. D. The Contractor shall thoroughly clean sewer overflow sites after an overflow. 1. No readily identified residue (e.g., wastewater solids, papers, rags, plastics, rubber products) is to remain. 2. Solids and debris are to be flushed, swept, raked, picked-up, and transported for proper disposal. 3. Where the SSO has resulted in ponding, the standing water shall be pumped dry, and the residue disposed of per Section 5. 3.9. WATER USED FOR CLEANING: The City highly encourages the use of water recycling during the cleaning process of the sanitary sewer and storm drains to conserve water. The use of potable water from the City distribution system (pertaining to this contract only) shall be acceptable. The Contractor will be issued a letter of permission from the WCD deputy director which must be maintained in each vehicle. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 20 A. The total gallons of water used by the Contractor shall be documented and recorded on the work orders and on any Contractor invoices. If no wat distribution system or a recycler truck is utilized, a notation must be made on the B. The Contractor shall follow all water hydrant meter permitting processes and backflow requirements which may come into effect during the term of this Contract. 3.10. CLEANING/DEBRIS REMOVAL EQUIPMENT: The cleaning/debris removal system shall utilize a hydraulic and/or mechanical method/device capable of removing foreign objects including but not limited to sediment, oil, grease, rags, rocks, and other debris and dislodging obstructions found in sanitary sewer, laterals, and storm drains pipes without damaging the structural integrity. The cleaning/debris removal system shall be capable of cleaning lengths of up to 1,000 feet minimum without supplemental equipment set- ups. 3.11. CCTV REQUIREMENTS: The segments shall be inspected by means of CCTV after scheduled or emergency cleaning or at the request of WCD, SMD or AVN representative. All CCTV inspections shall be performed in accordance with the software requirements outlined in Section 3 and NASSCO PACP requirements. A. Each pipe segment shall be defined as one manhole to manhole run as defined by the B. Pipe lengths shall be defined as the intervening distance between the centers of manholes along a line parallel to the pipe invert. C. The television camera used for the inspection shall be one specifically designed and constructed for such inspection. The camera and mounting system shall be capable of televising 6-inch through 90-inch sanitary sewer pipe in 100 percent humidity conditions. D. The camera inspection equipment shall possess the capability to inspect a sewer lateral located in the public right-of- location. E. Recording shall be in color and shall have a minimum of 480P resolution. The CCTV camera shall be a pan/tilt and rotating head or 360-degree camera capable of providing a full view of the inside of all connections and any pipe defects. Lighting for the camera shall be suitable to allow a clear picture of the entire periphery of the sewer. F. No payment will be made for an unsatisfactory inspection and the Contractor may be asked to repeat the work at no cost to the City. The camera shall be mounted on a skid, floatable raft system, or transporter/crawler, based on the conditions and size of the pipe to be Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 21 televised. The camera shall be moved through the line in either direction at a moderate G. The camera shall pause for a sufficient length of time to adequately document and provide accurate distance measurements of all the defects in the pipe and the connections observed in the sewer. H. The Contractor shall capture photos of any moderate and severe damage and/or abnormal conditions. The camera shall rotate and look directly at each defect and look into each connection to thoroughly document the conditions and determine if the connection is in service. I. In no case shall the television camera be pulled at a speed greater than 30 feet per minute achieving no less than 450 feet per hour. In the same manner, the Contractor shall identify all sewer connections at each manhole including the manholes at the beginning and end of setup and all intermediate manholes. If, during CCTV inspection operation, the television camera will not pass through the entire sanitary sewer main or storm drain section, the Contractor shall set up the equipment at the downstream manhole and attempt to inspect the section of the pipe from the opposite direction. If the camera fails to pass through the entire section, it shall be assumed that an obstruction exists. J. In the event of an obstruction, efforts to televise the section of pipeline shall be temporarily suspended and the Contractor shall notify the authorized representative of WCD, SMD or AVN. Distance of sewer between adjacent manholes shall be measured and recorded. The distance measurements shall be made from the centerline of the manhole that the camera is traveling from and shall be accurate to within 2 feet for every 1,000 feet inspected. If more than one manhole segment is inspected in a single run, the footage counter shall be reset to zero at the center of all the intermediate manholes. K. The equipment and skill of the operators shall be capable of providing a continuous clear recorded and viewed picture of the entire length of the sewer main under all normally expected pipe atmospheric conditions and flow conditions. L. The Contractor shall have adequate cabling and wiring equipment to perform CCTV inspection of sanitary sewer or storm drain lines up to a length of 1,600 feet without causing degradation of recorded and viewed picture quality. CCTV shall provide a clear, definitive recorded and viewed TV picture. The recording shall not contain intervals of more than 20 seconds when the camera is stationary. M. When the recording is stopped due to obstructions or equipment malfunction and then restarted, the TV operator shall state the length of time or delay and the reason for the delay on the inspection form/documentation. The importance of accurate distance Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 22 measurement is emphasized. Accuracy of the distance meter shall be checked by use of a walking meter, roll-a-tape, or other suitable device and the accuracy shall be satisfactory to the City. All equipment and all Contractor operations shall be conducted in residential areas. N. CCTV video footage information from a single manhole to manhole sewer segment shall be included in a separate clearly identifiable file. Portable hard drives may contain inspections of more than one sewer. O. All sections of the sewer contained on the portable hard drive shall be contiguous and ordered from the most upstream section to the most downstream, except for reaches with blockages. 3.12. CCTV DIGITAL RECORDING: The Contractor shall make and store a continuous digital recording of the complete pipe inspection view as it appears on the monitor. The recording shall also be used as a permanent record of defects. Unless directed otherwise by the authorized representative of the WCD, the recording shall be Moving Picture Experts Group (MPEG) format and shall comply with International Organization for Standardization/International Electrotechnical Commission (ISO)/(IEC) A. MPEG I specifications: 1. The file extension shall be .mpg. 2. Contractor shall disable audio / sound recordings during the inspection. 3. B. The inspection image files (pictures) shall be provided in industry standard formats, including Joint Photographic Experts Group (JPEG), Bitmap (BMP), and/or Tag Image File Format (TIFF) and shall be provided with the corresponding CCTV inspection recording. 1. The operator shall pause the digital recording any time there is a delay in the inspection. 2. The pause shall in no way affect, freeze or interrupt the replay of the video and shall not close the video file during the inspection. C. The operator shall store a single video file for each reach inspection. 1. The video files shall have a resolution of 352 pixels by 240 and an interlaced frame rate of minimum 24 frames per second. 2. The data shall be time coded using the elapsed time from the video file. 3. The naming of the video file shall be automatic and shall match the indexing file name. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 23 3.13. LIFT STATION WET WELL CLEANING REQUIREMENTS: The Contractor shall clean and remove all debris from any wastewater system Lift Station wet well and/or containment area, as requested by WCD or AVN staff. A. Wet well cleaning may require confined space entry and the use of line plugs for flow control at stations up to 15 million gallons per day (MGD). B. Refer to Sections 3.7 and 3.10 for disposal and equipment requirements. 3.14. THREE DIMENSIONAL (3D) OPTICAL MANHOLE AND SANITARY SEWER & STORM DRAIN SCANNING SERVICES: A. The inspection camera system for the Digital Panoramic Manhole Inspection shall clearly provide 360-degree manhole inspection images, capturing a 360-degree view of the manhole cavity for review. The inspection camera system shall be 100% digital. B. The manhole inspection camera system shall have two independently or simultaneously controlled digital cameras, one facing in the downward direction and one facing in the upward direction. Each camera must have a minimum of 185-degree field of view. C. The inspection camera system shall sufficiently illuminate the interior of the manhole to clearly capture the interior structure of the manhole for inspection and review. 1. The inspection system shall produce individual images or frames to produce crisp, clear images. 2. The lighting must be able to illuminate the manhole without the need of any auxiliary lighting. D. Contractor shall review collected data, code observations, and complete a full MACP evaluation of each inspected manhole by MACP certified personnel. 1. The WCD and AVN authorized representative shall have the ability to view the digital film file in the way that the Contractor can view them, including full control of the virtual pan and tilt. E. The digital film files to be submitted to WCD or AVN shall include an unfolded view of the manhole and shall allow the locating and measuring of defects and manhole objects. 1. The digital film files shall include the capability to produce a 3D representation of the manhole structure and to perform geometric measurements. 2. This file shall be exportable to common Computer-Aided Design (CAD) programs for further analysis. F. The digital file files shall include a distortion-free virtual pan and tilt feature allowing the review of the manhole structure from any angle from any depth using a computer mouse. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 24 1. The virtual pan and tilt images shall be able to view the manhole 360-degrees in any direction. 2. The virtual pan and tilt and unfolded views shall be viewable by WCD or AVN without the need of purchasing additional software. G. The inspection camera system for the Digital Panoramic Sewer Pipe Inspection shall clearly provide 360-degree sewer inspection images and shall be 100% digital. H. Contractor shall review collected data, code observations, and complete a full PACP evaluation of each inspected pipeline by PACP certified personnel. 1. The WCD or AVN shall have the ability to view the digital film file in the way that the Contractor can view them, including full control of the virtual pan and tilt. I. The sewer or storm drainpipe inspection camera system shall have two independently or simultaneously controlled digital cameras, one facing in the downward direction and one facing in the upward direction. Each camera must have a minimum of 185-degree field of view. J. The inspection camera system shall sufficiently illuminate the interior of the sewer or storm drain to clearly capture the interior structure for inspection and review. 1. The inspection system shall produce individual images or frames to produce crisp, clear images. 2. The lighting must be able to illuminate the sewer or storm drain without the need of any auxiliary lighting. K. The digital film files must include an unfolded view overview of the entire pipeline to view entire pipe segment at one time and shall allow the locating and measuring of defects and pipeline objects, including the ability to view into laterals. L. The digital film files shall include the capability to produce a 3D representation of the pipeline and to perform geometric measurements. 1. This file shall be exportable to common CAD programs, databases for further analysis. M. The digital file files shall include a distortion-free virtual pan and tilt feature allowing the review of 100% of the pipe wall from any perspective using a computer mouse. 1. The virtual pan and tilt images shall be able to view 360 degrees in any direction while maintaining an always-upright image. 2. The virtual pan and tilt and unfolded views shall be viewable by the WCD or AVN without the need of purchasing additional software. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 25 3.15. LASER/SONAR PROFILING REQUIREMENTS: The Contractor shall have the ability to perform laser/sonar profiling of sanitary sewers and storm drains. A. The digital CCTV camera shall produce a digital video image of at least 3 mega pixels per frame at 2048 x 1536 pixels. 1. The camera angle shall be 180 degrees and shall be angled to include the complete soffit, forward view, and invert of the pipeline. 2. The pan and tilt and zoom will be available in video play mode or within any still single image. 3. The light source shall be at least 4500 lumens, or equivalent. B. The Laser Profiler shall take a 360-degree profile of the exposed pipe surface at 12 slices per second and provide measurements accurate to 1.5 millimeters at 3 meters in pipelines 48 inches and larger. 1. The sonar shall take a 360-degree profile of the surcharged pipe surface at 1 slice per second. 2. Calibration verification equipment shall be used on every inspection run. 3. A high resolution, 3D laser, Computerized Axial Tomography (CAT) scan shall be produced by taking high resolution individual laser profile and sonar slices and joining them together in a 3D slice-based renderer at 12 frames per second to be continuous throughout the inspection length. C. A winch tethered float shall be used when the pipeline has 8 inches or more of flow. 1. A skid mounted with laser and digital CCTV shall be used when the flow is below 8 inches, and the skid shall be transported at less than 18 feet per minute. 2. The winch and float shall be capable in inspecting reaches up to 5,000 feet in length. 3. An industry standard CCTV cable distance counter integrated with the profiler system shall be used on all inspection lengths. 3.16. SCHEDULED AND EMERGENCY RESPONSE TIME: The Contractor may be contacted by WSD, SMD, or AVN to respond to scheduled and emergency service calls for the sanitary sewer or storm drain system. A. -hours of receipt of a scheduled service call. Contractor must start providing on-site services within three (3) business days after receiving a purchase order from the City. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 26 B. an emergency service call. Contractor must start providing on-site services within one (1) hour of responding to the call. 3.17. LOCATION: Sanitary Sewers and Lift Stations are located within the City of Phoenix, Water Services Department, Wastewater Collection System service area and within AVN property. Storm drains are located within the City of Phoenix, Street Transportation Department service area and within AVN property. 3.18. CONFINED SPACE ENTRY: regulations, and requirements. The City reserves the right to modify the Contr space entry program where it is determined to be in the best interest of the City. A. The Contractor must have a written confined space entry program and an employee regulation 1910.146 or most recent regulation. The document shall include information detailing pre- entry preparation, required personal protective equipment (PPE), communications system, monitoring equipment, ventilation, fall protection and rescue plan. 3.19. CONTRACTOR QUALIFICATIONS: A. drainpipe inspection, cleaning, and CCTV services. B. Contractor must be an Arizona licensed contractor. C. Contractor must have sufficient equipment (including but not limited to jet hydro-vac combination trucks, and CCTV vans) and required software as outlined in the scope of work. D. During the term of the contract, Contractor shall maintain the necessary staffing capability, capacity, and resources to provide the requested services. E. All work shall be executed by skilled staff with sufficient documented training/education and years of experience providing sewer and storm drainpipe inspection, cleaning, and CCTV services. F. The Co certifications at the time of submittal. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 27 3.20. TRAFFIC CONTROL: A. All traffic and/or traffic control devices shall be provided, maintained, and or controlled at (latest revision) located at: https://www.phoenix.gov/streetssite/Documents/d_039129.pdf#search=traffic%20control %20plan B. Any traffic restrictions shall be coordinated with the City of Phoenix Street Transportation Department Right of Way Management Section at 602.262.6235, Maricopa County Department of Transportation (MCDOT) via https://www.mcdot.maricopa.gov/499/Permits and the Arizona Department of Transportation (ADOT) at https://www.azdot.gov/business/Permits, when applicable. C. Coordination is required with AVN Operations prior to beginning any work at AVN property. 3.21. PERMITTED NIGHT WORK AND PUBLIC NOTIFICATION: A. Scheduled cleaning/debris removal of sewer lines or storm drains in or near residential areas may be permitted during non-traditional work hours. This requires with approval from a WSD, SMD or AVN representative. Once approva authorized representative, an After Hours Work in the Right of Way permit must be obtained from the STD per City Code Section 23-14 (h). Non-traditional work hours are 7:00 p.m. through 7:00 a.m. (October 1 April 30) and 7:00 p.m. to 6:00 a.m., (May 1 September 30.) B. Once a permit is obtained, Contractor must notify WSD, SMD and homeowners within 500 feet of the work site a minimum of 72 hours before the start of any work in the residential areas. All costs for public notification are the responsibility of the Contractor. 3.22. TRADITIONAL WORK HOURS: Traditional work hours will be Monday through Friday, 6:00a.m. through 6:59 p.m. (May 1 September 30) and 7:00 a.m. to 6:59 p.m. (October 1 April 30). The Contractor may also be required to work on City holidays, weekends (Saturday and Sunday) and during non-traditional work hours at no additional charge to the City. 3.23. PERMITS / AUTHORIZATIONS: It is also sometimes located in ADOT right of way, along Maricopa County streets, in Paradise Valley, Glendale, Scottsdale, or Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 28 on airport property. Contractor shall be responsible for obtaining and following the terms of any and all permits or authorizations required to perform these services. 3.24. SAFETY: The Contractor shall utilize safety equipment with clearly visible warning devices approved by the US Department of Transportation Federal Highway Administration, ADOT, and City of Phoenix Street Transportation Department to ensure the safety of intended staff and public or private transportation. A. The Contractor shall provide PPE to all staff and ensure that the PPE is utilized for the duration of services to minimize the risk of personal injury. Examples of PPE includes but is not limited to protective footwear, hard hats, gloves, eye protection, hydrogen sulfide gas meters, and reflective vests. B. or around WSD sites including wastewater treatment plants, lift stations, and/or confined spaces, at no cost to the City. 3.25. DELIVERABLES: Cleaning/Debris Removal Documentation A. -approved cleaning/debris removal form shall be submitted electronically with the associated invoice. B. For documentation and historical data, sanitary sewer and/or storm drain cleaning services must include the following information: 1. Date of cleaning services 2. Quarter Section of work 3. Pipe size and material 4. Exact location of work performed (manhole to manhole) 5. Total length of segment cleaned 6. Water usage per Section 8 (if applicable) 7. Whether or not the cleaning was completed 8. If the cleaning/debris remove was not completed, list the reason why 9. For AVN Projects: Solids disposal documentation 10. For AVN Projects: Map indicating areas that were assessed or cleaned. Contractor shall maintain an overall map for the life of the contract indicating infrastructure that has been assessed or cleaned within AVN property. 11. Any additional information to justify exceptional work conditions encountered during the work. C. CCTV Inspection Documentation and Videos Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 29 1. Inspection footage, inspection logs, and observation reports shall be submitted on a portable electronic device, external hard drive or through an approved online file exchange server at the same time as the associated invoice for payment. 2. Inspection logs shall clearly identify the location of each infiltration point or other point of significance (such as locations of taps, unusual conditions, roots, cracks, fractures, broken pipe, presence of scale and corrosion, and other discernible features or defects in relation to the starting manhole per NASSCO standards. Still photos (screen shots) of each defect will be provided on the inspection log. For AVN, provide a map indicating areas that were assessed or cleaned. Contractor shall maintain an overall map for the life of the contract indicating infrastructure that has been assessed or cleaned within AVN property. 3. At the beginning of each inspection run, the general information of the inspection shall be displayed in the following format: a. Date of the recording b. Time of the recording c. Name of the Contractor performing the CCTV inspection d. Quarter Section e. Direction of inspection (upstream or downstream) f. Pipe type or liner material. g. Pipe diameter. h. Length of reach to be televised. i. Manhole number from which the camera is traveling. j. Manhole number to which the camera is traveling. k. Conduit number (if available) 4. In addition, each recording shall continuously display footage 5. Optical Manhole and Sewer Scanning Services 6. The Contractor must supply the City with single or dual layer DVDs, a removable hard drive, or other pre-approved media containing the data and reports. 7. Files must meet the criteria outlined in Scope of Work, paragraph 3.14. D. Laser/Sonar Profiling Requirements 1. Laser and sonar profiling shall measure pipe displacement for cracks or breaks, loss of ovality of the pipe, and wall loss or gain. 2. Reports shall be presented in a color-coded format as an unrolled illustration of the pipe condition throughout the circumference of the pipe over the length of the inspection. Cross-sectional observations should be taken to highlight area of worst corrosion. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 30 3. Three hundred sixty-degree reference cross section shall be included in the report every 50 feet. The 360-degree profile shall be made up of laser only when the flow is less than 8 inches; sonar only when clearance of flow to the soffit of the pipeline is less than 10 inches; or a combination profile for all other instances. 4. A 3D laser CAT scan shall be produced and included with the report. The 3D laser CAT scan will be produced by joining the continuous laser and Sonar data. A debris graph shall be produced for every section plotting the debris for every one second sonar slice. Cross-sectional observations should be taken to highlight area of highest debris levels. Digital CCTV images of defects shall also be included in the report. 5. Deliverables shall be provided to the City in a timely fashion following completion of the services. Timely fashion is defined as no more than 45 calendar days following the date the service was provided. 6. Invoices must be submitted with the deliverables for verification of work. 7. 1-Person Crew: The contractor shall make every effort possible to provide a 2-person crew for cleaning and inspection services. A 1-person crew may be utilized when circumstances beyond the supplier's control occur including but not limited to: last minute employee call-out, illness, temporary staffing shortages, etc. Contractor must notate this as such on their daily work orders. 8. Any work requiring more than one person (i.e., confined space, high traffic areas, etc.) shall be delayed or rescheduled until two people are available to do the work. Contractor must notate this as such on their daily work orders. 3.26. STANDARDS: All work performed under this Scope of Work shall adhere to the standards that include requirements referenced in the Scope of Work, Paragraph 2: Acronyms, Definitions and Standards. 3.27. ACCEPTANCE CRITERIA: Should an item fail to meet the applicable standards as stated in the Scope of Work in either accuracy or quality, the Contractor shall clean, re-inspect, record, and resubmit, at no additional cost to the City. This re-inspection shall occur immediately following the failed inspection and the process will continue until the inspection meets these quality standards. A. Work performed by the Contractor without the consent or direction of the authorized WCD, SMD or AVN representative or duplicate work may not be accepted and may be rejected for payment. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 31 4. Standard Terms and Conditions 4.1. Definition of Key Words Used in the Solicitation Shall, Will, Must: Indicates a mandatory requirement. Failure to meet these mandatory requirements may result in the rejection of Offer as non-responsive. Should: Indicates something that is recommended but not mandatory. If the Offeror fails to provide recommended information, the City may, at its sole option, ask the Offeror to provide the information or evaluate the Offer without the information. May: Indicates something that is not mandatory but permissible. For purposes of this solicitation, the following definitions will apply: City employee or employees who have specifically been designated to act as a contact person or persons to the Contractor, and responsible for monitoring and overseeing the Contractor's performance under this contract. "City" The City of Phoenix "Contractor" The individual, partnership, or corporation who, as a result of the competitive process, is awarded a contract by the City of Phoenix. legal agreement executed between the City of Phoenix, AZ and the Contractor. sign contracts and amendments thereto on behalf of the City of Phoenix, AZ. license issued by an agency in this state and employs one or more employees in this state. Employer includes this state, any political subdivision of this state and self-employed persons. In the case of an independent contractor, employer means the independent contractor and does not mean the person or organization that uses contract labor. (A.R.S. 23-211). that, if awarded, binds the Supplier, Contractor, or Service Provider to perform in accordance with the contract. Same as bid, proposal, quotation or tender. from the City. Same as Bidder or Proposer. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 32 Quotations (RFQ), Request for Qualifications (RFQu) and request for sealed Offers, or any other type of formal procurement which the City makes public through advertising, mailings, or some other method of communication. It is the process by which the City seeks information, proposals, Offers, or quotes from suppliers. 4.2. Contract Interpretation A. Applicable Law: This Contract will be governed by the law of the State of Arizona, and suits pertaining to this Contract will be brought only in Federal or State courts in Maricopa County, State of Arizona. B. Contract Order of Precedence: In the event of a conflict in the provisions of the Contract, as accepted by the City and as they may be amended, the following will prevail in the order set forth below: 1. Federal terms and conditions, if any 2. Special terms and conditions 3. Standard terms and conditions 4. Amendments 5. Statement or scope of work 6. Specifications 7. Attachments 8. Exhibits 9. Instructions to Contractors 10. Other documents referenced or included in the Solicitation C. Organization Employment Disclaimer: The Agreement resulting hereunder is not intended to constitute, create, give rise to, or otherwise recognize a joint venture agreement or relationship, partnership or formal business organization of any kind, and the rights and obligations of the parties will be only those expressly set forth in the agreement. The parties of City civil service, retirement or personnel rules accrue to such persons. The Contractor will have total responsibility for all salaries, wage bonuses, retirement, withholdings, compensation, other employee benefits and all taxes and premiums appurtenant thereto concerning such persons, and will save and hold the City harmless with respect thereto. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 33 D. Severability: The provisions of this Contract are severable to the extent that any provision or application held to be invalid will not affect any other provision or application of the contract which may remain in effect without the invalid provision or application. E. Non-Waiver of Liability: The City of Phoenix as a public entity supported by tax monies, in execution of its public trust, cannot agree to waive any lawful or legitimate right to recover monies lawfully due it. Therefore, any Contractor agrees that it will not insist upon or demand any statement whereby the City agrees to limit in advance or waive any right the City might have to recover actual lawful damages in any court of law under applicable Arizona law. F. Parol Evidence: This Agreement is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of this agreement. No course of prior dealings between the parties and no usage in the trade will be relevant to supplement or explain any term used in this Contract. Acceptance or acquiescence in a course of performance rendered under this contract will not be relevant to determine the meaning of this Contract even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity to object. 4.3. Contract Administration and Operation A. Records: All books, accounts, reports, files, and other records relating to the contract will be subject at all reasonable times to inspection and audit by the City for five years after completion of the contract. Such records will be produced at a City of Phoenix office as designated by the City. Confidentiality will be maintained, and City will not violate any proprietary or other confidentiality agreements vendor has in place. B. Discrimination Prohibited: Contractor agrees to abide by the provisions of the Phoenix City Code Chapter 18, Article V as amended. Any contractor, in performing under this contract, will not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age or disability nor otherwise commit an unfair employment practice. The supplier and/or lessee will take action to ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, or national origin, age or disability and adhere to a policy to pay equal compensation to men and women who perform jobs that require substantially equal skill, effort and responsibility, and that are performed within the same establishment under similar working conditions. Such action will include but not be limited to the following: Employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The supplier further agrees that this clause will be incorporated in all subcontracts with all labor Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 34 organizations furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this contract. Contractor further agrees that this clause will be incorporated in all subcontracts, job-contractor agreements or subleases of this agreement entered into by supplier/lessee. C. Equal Employment Opportunity and Pay: In order to do business with the City, Contractor must comply with Phoenix City Code, 1969, Chapter 18, Article V, as amended, Equal Employment Opportunity Requirements. Contractor will direct any questions in regard to these requirements to the Equal Opportunity Department, (602) 262-6790. 1. For a Contractor with 35 employees or fewer: Contractor in performing under this Agreement shall not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age, or disability, nor otherwise commit an unfair employment practice. The Contractor will ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, national origin, age, or disability. Such action shall include but not be limited to the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The Contractor further agrees that this clause will be incorporated in all subcontracts related to this Agreement that involve furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this Agreement. Contractor further agrees that this clause will be incorporated in all subcontracts, Contractor agreements or subleases of this agreement entered into by supplier/lessee. 2. For a Contractor with more than 35 employees: Contractor in performing under this Agreement shall not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age, or disability, nor otherwise commit an unfair employment practice. The Contractor will ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, national origin, age, or disability, and shall adhere to a policy to pay equal compensation to men and women who perform jobs that require substantially equal skill, effort, and responsibility, and that are performed within the same establishment under similar working conditions. Such action shall include but not be limited to the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The Contractor further agrees that this clause will be incorporated in all subcontracts with all labor organizations furnishing skilled, unskilled and union labor, or who may perform Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 35 any such labor or services in connection with this contract. Contractor further agrees that this clause will be incorporated in all subcontracts, job-Contractor agreements or subleases of this Agreement entered into by supplier/lessee. The Contractor further agrees not to discriminate against any worker, employee or applicant, or any member of the public, because of sexual orientation or gender identity or expression and shall ensure that applicants are employed, and employees are dealt with during employment without regard to their sexual orientation or gender identity or expression. 3. Documentation: Suppliers and lessees may be required to provide additional documentation to the Equal Opportunity Department affirming that a nondiscriminatory policy is being utilized. 4. Monitoring: The Equal Opportunity Department shall monitor the employment policies and practices of suppliers and lessees subject to this article as deemed necessary. The Equal Opportunity Department is authorized to conduct on-site compliance reviews of selected firms, which may include an audit of personnel and payroll records, if necessary. D. Legal Worker Requirements: The City of Phoenix is prohibited by A.R.S. § 41-4401 from awarding a contract to any Contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A). Therefore, Contractor agrees that: 1. Contractor and each subcontractor it uses warrants their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. § 23-214, subsection A. 2. A breach of a warranty under paragraph 1 will be deemed a material breach of the contract that is subject to penalties up to and including termination of the contract. 3. The City of Phoenix retains the legal right to inspect the papers of any Contractor or subcontractor employee who works on the contract to ensure that the Contractor or subcontractor is complying with the warranty under paragraph 1. E. Health, Environmental, and Safety Requirements: The and facilities will be in full compliance with all applicable Federal, State and local health, environmental and safety laws, regulations, standards, codes and ordinances, regardless of whether or not they are referred to by the City. At the request of City representatives, the Contractor will provide the City: 1. Environmental, safety and health regulatory compliance documents (written safety programs, training records, permits, etc.) applicable to services provided by the Contractor in this contract. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 36 2. A list of all federal, state, or local (EPA, OSHA, Maricopa County, etc.) citations or notice of violations issued against their firm or their subcontractors including dates, reasons, dispositions and resolutions. 3. The City will have the right, but not the obligation to inspect the facilities, transportation vehicles or vessels, containers and disposal facilities provided by the Contractor or subcontractor. The City will also have the right to inspect operations conducted by the Contractor or subcontractor in the performance of this agreement. The City further (during normal business hours). F. Compliance with Laws: Contractor agrees to fully observe and comply with all applicable Federal, State and local laws, regulations, standards, codes and ordinances when performing under this Contract regardless of whether they are being referred to by the City. personnel records to verify any such compliance. Because the contractor will be acting as Contractor shall comply with the provisions of the Supplemental Terms and Conditions to All Airport Agreements attached, marked Exhibit A, and incorporated herein by this reference. G. Sensitive Security Information (SSI): Contractor shall comply with the requirements 49 C.F.R. Parts 15 and 1520, prohibiting the unauthorized release of Sensitive Security Documents, which includes photographs and/or videos taken of secured areas of the airport. Upon the receipt or creation of any SSI documents, including photographs and/or videos taken of secured areas of the airport, Contractor shall be required to complete and submit the attached City of Phoenix Aviation Department Sensitive Security Information Acknowledgment Form, marked Exhibit B and incorporated herein by this reference. Information on the maintenance, safeguarding and disclosure of SSI is available at https://www.tsa.gov/sites/default/files/ssi-best-practices-guide-for-non-dhs- employees.pdf. H. Lawful Presence Requirement: Pursuant to A.R.S. §§ 1-501 and -502, the City of Phoenix is prohibited from awarding a contract to any natural person who cannot establish that he or she is lawfully present in the United States. In order to establish lawful presence, this person must produce qualifying identification and sign a City-provided affidavit affirming that the identification provided is genuine. This requirement will be imposed at the time of contract award. In the event the prevailing responder is unable to satisfy this requirement, the City will offer the award to the next-highest scoring responder. The law does not apply to fictitious entities such as corporations, partnerships and limited liability companies. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 37 I. Continuation During Disputes: Contractor agrees that notwithstanding the existence of any dispute between the parties, insofar as is possible, under the terms of the contract, the Contractor will continue to perform the obligations required of Contractor during the continuation of any such dispute unless enjoined or prohibited by an Arizona Court of competent jurisdiction. J. Emergency Purchases: The City reserves the right to purchase from other sources those items which are required on an emergency basis and cannot be supplied immediately from stock by the Contractor. 4.4. Costs and Payments A. General: Any prompt payment terms offered must be clearly noted by the Contractor on all invoices submitted to the City for the payment of goods or services received. The City will make every effort to process payment for the purchase of material or services within thirty to forty-five calendar days after receipt of a correct invoice, unless a good faith dispute exists to any obligation to pay all or a portion of the account. Payment terms are specified in the Offer. B. Payment Deduction Offset Provision: Contractor acknowledges that the City Charter requires that no payment be made to any Contractor as long as there is an outstanding obligation due to the City. Contractor agrees that any obligation it owes to the City will be offset against any payment due to the Contractor from the City. C. Late Submission of Claim by Contractor: The City will not honor any invoices or claims which are tendered one year after the last item of the account accrued. D. Discounts: Payment discounts will be computed from the date of receiving acceptable products, materials and/or services or correct invoice, whichever is later to the date payment is mailed. E. No Advance Payments: Advance payments are not authorized. Payment will be made only for actual services or commodities that have been received, unless addressed specifically in the Scope of work for subscription services. F. Fund Appropriation Contingency: The Contractor recognizes that any agreement entered into will commence upon the day first provided and continue in full force and effect until termination in accordance with its provisions. The Contractor and the City herein recognize that the continuation of any contract after the close of any given fiscal year of the City, which ends on June 30th of each year, will be subject to the approval of the budget of the City providing for or covering such contract item as an expenditure therein. The City does not represent that said budget item will be actually adopted, said determination being the determination of the City Council at the time of the adoption of the budget. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 38 G. Maximum Prices: The City will not be invoiced at prices higher than those stated in any contract resulting from this Offer. Contractor certifies, by signing this Offer that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions, as applicable and shown by quotes for like services and goods. Contractor further agrees that any reductions in the price of the goods or services covered by this Offer and occurring after award will apply to the undelivered balance. The Contractor will promptly notify the City of such price reductions. H. F.O.B. Point: All prices are to be quoted F.O.B. destination, unless specified elsewhere in this solicitation. 4.5. Contract Changes A. Contract Amendments: Contracts will be modified only by a written contract amendment signed by persons duly authorized to enter into contracts on behalf of the Contractor. No verbal agreement or conversation with any officer, agent, or employee of the City either before or after execution of the contract, will affect or modify any of the terms or obligations contained or to be contained in the contract. Any such verbal agreements or conversation shall be considered as unofficial information and in no way binding upon the City or the Contractor. All agreements shall be in writing and contract changes shall be by written amendment signed by both parties. B. Assignment - Delegation: No right or interest in this contract nor monies due hereunder will be assigned in whole or in part without written permission of the City, and no delegation of any duty of Contractor will be made without prior written permission of the City, which may be withheld for good cause. Any assignment or delegation made in violation of this section will be void. C. Non-Exclusive Contract: Any contract resulting from this solicitation will be awarded with the understanding and agreement that it is for the sole convenience of the City. The City reserves the right to obtain like goods or services from another source when necessary. 4.6. Risk of Loss and Liability A. Title and Risk of Loss: The title and risk of loss of material or service will not pass to the City until the City actually receives the material or service at the point of delivery; and such loss, injury, or destruction will not release seller from any obligation hereunder. B. Acceptance: All material or service is subject to final inspection and acceptance by the City. Material or service failing to conform to the specifications of this contract will be held at Contractor's risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Noncompliance will conform to the cancellation clause set forth in this document. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 39 C. Force Majeure: Except for payment of sums due, neither party will be liable to the other nor deemed in default under this contract if and to the extent that such party's performance of this contract is prevented by reason of force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Force majeure will not include late performance by a subcontractor unless the delay arises out of a force majeure occurrence in accordance with this force majeure term and condition. If either party is delayed at any time in the progress of the work by force majeure, the delayed party will notify the other party in writing of such delay, as soon as is practical, of the commencement thereof and will specify the causes of such delay in such notice. Such notice will be hand-delivered or mailed certified-return receipt and will make a specific reference to this provision, thereby invoking its provisions. The delayed party will cause such delay to cease as soon as practicable and will notify the other party in writing when it has done so. The time of completion will be extended by contract modification for a period of time equal to the time that results or effects of such delay prevent the delayed party from performing in accordance with this contract. D. Loss of Materials: The City does not assume any responsibility, at any time, for the protection of or for loss of materials, from the time that the contract operations have commenced until the final acceptance of the work by the City. E. Contract Performance: Contractor will furnish all necessary labor, tools, equipment, and supplies to perform the required services at the City facilities designated, unless otherwise specifically addressed in the scope, or elsewhere in this Agreement. The City's authorized representative will decide all questions which may arise as to the quality and acceptability of any work performed under the contract. If, in the opinion of the City's authorized representative, performance becomes unsatisfactory, the City will notify the Contractor. The Contractor will have 30 days from that time to correct any specific instances of unsatisfactory performance, unless a different amount of time is specified in the agreement. In the event the unsatisfactory performance is not corrected within the time specified, the City will have the immediate right to complete the work to its satisfaction and will deduct the cost to cover from any balances due or to become due the Contractor. Repeated incidences of unsatisfactory performance may result in cancellation of the agreement for default. F. Damage to City Property: Contractor will perform all work so that no damage to the building or grounds results. Contractor will repair any damage caused to the satisfaction of the City at no cost to the City. Contractor will take care to avoid damage to adjacent finished materials that are to remain. If finished materials are damaged, Contractor will repair and finish to match existing material as approved by the City at Contractor's expense. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 40 4.7. City's Contractual Rights Whenever one party to this contract in good faith has reason to question the other party's intent to perform, the former party may demand that the other party give a written assurance of this intent to perform. In the event that a demand is made and no written assurance is given within five days, the demanding party may treat this failure as an anticipatory repudiation of this contract. A. Non-Exclusive Remedies: The rights and remedies of the City under this Contract are non-exclusive. B. Default in One Installment to Constitute Breach: Each installment or lot of the agreement is dependent on every other installment or lot and a delivery of non-conforming goods or a default of any nature under one installment or lot will impair the value of the whole agreement and constitutes a total breach of the agreement as a whole. C. On Time Delivery: Because the City is providing services which involve health, safety and welfare of the general public, delivery time is of the essence. Delivery must be made in accordance with the delivery schedule promised by the Contractor. D. Default: In case of default by the Contractor, the City may, by written notice, cancel this contract and repurchase from another source and may recover the excess costs by (1) deduction from an unpaid balance due; (2) collection against the Solicitation and/or Performance Bond, or (3) a combination of the aforementioned remedies or other remedies as provided by law. E. Covenant Against Contingent Fees: Seller warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employers or bona fide established commercial or selling agencies maintained by the seller for the purpose of securing business. For breach or violation of this warranty, the City will have the right to annul the contract without liability or in its discretion to deduct from the contract price a consideration, or otherwise recover the full amount of such commission, brokerage or contingent fee. F. Cost Justification: In the event only one response is received, the City may require that the Contractor submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the Offer price is fair and reasonable. G. Work Product, Equipment, and Materials: All work product, equipment, or materials created or purchased under this contract belongs to the City and must be delivered to the all rights and interests Contractor may have in materials prepared under this contract that Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 41 laws of the United States, including any right to derivative use of the material. 4.8. Contract Termination A. Gratuities: The City may, by written notice to the Contractor, cancel this contract if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor, to any officer or employee of the City making any determinations with respect to the performing of such contract. In the event this contract is canceled by the City pursuant to this provision, the City will be entitled, in addition to any other rights and remedies, to recover or withhold from the Contractor the amount of the gratuity. B. Conditions and Causes for Termination: 1. This contract may be terminated at any time by mutual written consent, or by the City, with or without cause, upon giving thirty-day written notice to Contractor. The City at its convenience, by written notice, may terminate this contract, in whole or in part. If this contract is terminated, the City will be liable only for payment under the payment provisions of this contract for services rendered and accepted material received by the City before the effective date of termination. Title to all materials, work-in-process and completed but undeliverable goods, will pass to the City after costs are claimed and allowed. The Seller will submit detailed cost claims in an acceptable manner and will permit the City to examine such books and records as may be necessary in order to verify the reasonableness of any claims. 2. The City reserves the right to cancel the whole or any part of this contract due to failure of Contractor to carry out any term, promise, or condition of the contract. The City will issue a written notice of default to Contractor for acting or failing to act as in any of the following: In the opinion of the City, Contractor provides personnel who do not meet the requirements of the contract; In the opinion of the City, Contractor fails to perform adequately the stipulations, conditions or services/specifications required in this contract; In the opinion of the City, Contractor attempts to impose on the City personnel or materials, products or workmanship, which is of an unacceptable quality; Contractor fails to furnish the required service and/or product within the time stipulated in the contract; In the opinion of the City, Contractor fails to make progress in the performance of the requirements of the contract and/or gives the City a positive indication that Contractor will not or cannot perform to the requirements of the contract. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 42 C. Contract Cancellation: All parties acknowledge that this contract is subject to cancellation by the City of Phoenix pursuant to the provision of Section 38-511, Arizona Revised Statutes. 4.9. Notice will be in writing and either: (1) delivered in person; (2) sent via e-mail, return receipt requested; (3) sent via facsimile transmission; (4) deposited with any commercial air courier or express delivery service; or (5) deposited in the United States mail, postage prepaid. If to City: Rojelio Estrella @ rojelio.estrella@phoenix.gov Gregory Montano @ gregory.montano@phoenix.gov Richard Garcia @ richard.n.garcia@phoenix.gov 4.10. State and Local Transaction Privilege Taxes In accordance with applicable state and local law, transaction privilege taxes may be applicable to this transaction. The state and local transaction privilege (sales) tax burden and legal liability to remit taxes are on the Contractor that is conducting business in Arizona and the City of Phoenix. Any failure by the Contractor to collect applicable taxes from the City will not relieve the Contractor from its obligation to remit taxes. It is the responsibility of the prospective bidder to determine any applicable taxes. The City will look at the price or offer submitted and will not deduct, add or alter pricing based on speculation or application of any taxes, nor will the City provide advice or guidance. If you have questions regarding your tax liability, please seek advice from a tax professional prior to submitting your Offer. You may also find information at https://www.phoenix.gov/finance/plt or https://www.azdor.gov/Business. Once your Offer is submitted, the Offer is valid for the time specified in this Solicitation, regardless of mistake or omission of tax liability. If the City finds over payment of a project due to tax consideration that was not due, the Contractor will be liable to the City for that amount, and by contracting with the City, the Contractor agrees to remit any overpayments back to the City for miscalculations on taxes included in an offer price. 4.11. Tax Indemnification Contractor will pay all federal, state and local taxes applicable to its operation and any persons employed by the Contractor and require the same of all subcontractors. Contractor will hold the City harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under federal, and/or state and local laws and regulations and any other costs including transaction privilege taxes, unemployment compensation insurance, Social Security and Worker's Compensation, and require the same of all subcontractors. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 43 4.12. Tax Responsibility Qualification Contractor may be required to establish, to the satisfaction of City, that any and all fees and taxes due to the City or the State of Arizona for any License or Transaction Privilege taxes, Use Taxes or similar excise taxes, are currently paid (except for matters under legal protest). Contractor agrees to a waiver of the confidentiality provisions contained in the City Finance Code and any similar confidentiality provisions contained in Arizona statutes relative to State Transaction Privilege Taxes or Use Taxes. Contractor agrees to provide written authorization to the City Finance Department and to the Arizona State Department of Revenue to release tax information relative to Arizona Transaction Privilege Taxes or Arizona Use Taxes in order to assist the Department in evaluating Contractor's qualifications for and compliance with contract for duration of the term of contract. 4.13. No Israel Boycott If this Contract is valued at $100,000 or more and requires Contractor (a company engaging in for-profit activity and having ten or more full-time employees) to acquire or dispose of services, supplies, information technology, or construction, then Contractor must certify and agree that it does not and will not boycott goods or services from Israel, pursuant to Title 35, Chapter 2, Article 9 of the Arizona Revised Statutes. Provided that these statutory requirements are applicable, Contractor by entering this Contract now certifies that it is not currently engaged in, and agrees for the duration of the Contract to not engage in, a boycott of goods or services from Israel. 4.14. No Forced Labor of Ethnic Uyghurs If this Contract requires Contractor (a company engaging in for-profit activity and having ten or more full-time employees) to acquire or dispose of services, supplies, information technology, goods, or construction, then pursuant to Title 35, Chapter 2, Article 10 of the Arizona Revised Statutes Contractor must certify and agree that it and any contractors, subcontractors, or suppliers it utilizes do not and will not use the forced labor of ethn China or any goods or services produced by such forced labor. Provided these statutory requirements are applicable, Contractor, by entering this Contract, now certifies it is not currently engaged in, and agrees for the duration of the Contract to not engage in, (a) the use of forced use of any contractors, subcontractors, or suppliers that use the forced labor or any goods or services 4.15. Advertising Except as required by law, Contractor shall not publish, release, disclose or announce to any member of the public, press, official body, or any other third party any information or documents concerning this Agreement or any part thereof without the prior written consent of the City. The name of any City site on which services are performed by the Contractor pursuant to this Agreement shall not be used in any advertising or other promotional context by Contractor without the prior written consent of the City. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 44 4.16. Strict Performance Failure of either party to insist upon the strict performance of any item or condition of the contract or to exercise or delay the exercise of any right or remedy provided in the contract, or by law, or the acceptance of materials or services, obligations imposed by this contract, or by law, will not be deemed a waiver of any right of either party to insist upon the strict performance of the contract. 4.17. Authorized Changes The City reserves the right at any time to make changes in any one or more of the following: (a) specifications; (b) methods of shipment or packing; (c) place of delivery; (d) time of delivery; and/or (e) quantities. If the change causes an increase or decrease in the cost of or the time required for performance, an equitable adjustment may be made in the price or delivery schedule, or both. Any claim for adjustment will be deemed waived unless asserted in writing within sixty days from the receipt of the change. Price increases or extensions of delivery time will not be binding on the City unless evidenced in writing and approved by the Chief Procurement Officer prior to the institution of the change. 4.18. Attorney Fees In any contested action related to or arising out of this Contract, the prevailing party shall recover its attorney fees, court costs, and other expenses from the other party. Where there are no Where there are competing claims, the prevailing party is the net winner or the party who prevailed in a totality of the litigation. 4.19. Headings Headings for articles, sections, and paragraphs are for reference only and do not limit the content or scope of any provision of this Contract. 4.20. National Emergency This Contract is subject to the right of the United States to control, operate, and regulate the Airport and to use of the Airport during the time of war or national emergency. 4.21. No Impairment of Title Contractor and its agents, employees, and contractors shall not cause or allow any person or entity to cause any lien, cloud, charge, or encumbrance to be filed, recorded, or imposed on the Airport or any portion thereof. 4.22. No Personal Liability r for any default or breach of this Contract by the City, are not liable for any amount that may become due to Contractor, and are not obligated to perform under any provision of this Contract. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 45 4.23. Successors and Assigns This Contract binds the parties and their owners, officers, directors, managers, members, agents, employees, representatives, trustees, executors, personal representatives, and successors. 4.24. Termination for Non-Appropriation of Funds This Contract is contingent on the appropriation of adequate funds by the Phoenix City Council for each fiscal year during the term of this Contract. If adequate funds are not appropriated, then this Contract shall terminate on June 30 of the last fiscal year for which funds were appropriated. The termination shall be without penalty or any liability by the City. 4.25. Breach and Remedies for Breach The occurrence of any of the following events shall be deemed a material breach of this Contract by Contractor: Contractor fails to pay any amount when due and the failure continues for ten (10) days after notice from the City. Except for the non-monetary events of breach listed below, Contractor fails to perform any non-monetary obligation under this Contract and the failure continues for ten (10) days after notice from the City. Contractor fails to procure and maintain the insurance coverages required under this Contract and the failure continues for one (1) day after notice from the City. Contractor breaches any other lease, contract, agreement, or permit it has with the City. Contractor files a voluntary petition in bankruptcy; is adjudicated bankrupt or insolvent; takes the benefit of any law applicable to bankrupt or insolvent debtors; files a petition or action seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief; seeks or acquiesces to the appointment of a trustee, receiver, assignment for the benefit of creditors. Contractor violates any federal, state, or local law, rule, regulation, or ordinance related to this Contract and the violation continues for ten (10) days after notice from the City. Upon the occurrence of any breach by Contractor, the City may elect to do any or all the following at one time or over a period of time: File a civil action or actions to, among other things, enforce this Contract and recover all amounts due, all attorney fees, court costs, and other expenses incurred. Exercise any and all remedies allowed at law or in equity. Recover all attorney fees, court costs, and other expenses incurred, whether or not a civil action or other judicial proceeding is filed. ued to terminate this Contract. Termination of this Contract must be evidenced by a writing signed by the City for that Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 46 purpose. The foregoing list of remedies is not exhaustive, and the rights and remedies of the City under this Contract are non-exclusive. 4.26. Claims Against the City Contractor shall comply with the procedures set forth in Chapter XVIII, § 14 of the Charter of the City of Phoenix (claims or demands against the City) and A.R.S. § 12-821 and § 12-821.01 (notice of claim statutes) for presenting claims or demands against the City. Nothing in this Contract constitutes a contractual term that requires a dispute resolution process, an administrative claims process, or review process, as those terms are used in A.R.S. § 12-821.01(C), so as to affect the date on which a cause of action accrues under A.R.S. § 12-821.01(A) and (B). 4.27. Delinquent Account Fee Any amount that is not paid by Contractor when due is deemed delinquent. If the delinquent amount remains unpaid for ten (10) days, then a delinquent account fee of eighteen percent (18%) per annum shall be assessed according to Phoenix City Code § 4-7. Delinquent account fees shall be computed and accrued on a daily basis and assessed until the account balance, including delinquent account fees, is paid in full. Delinquent account fees are due from Contractor upon demand by the City. 4.28. Entire Agreement This Contract constitutes the entire agreement between the parties and supersedes all prior written and oral agreements, understandings, discussions, proposals, negotiations, communications, representations, and correspondence related to this Contract. The parties are not bound by any obligation not provided for in this Contract. Contractor certifies that it was not induced to enter into this Contract by any misrepresentation, undue influence, or coercion by the City or any of its officers, officials, agents, or employees. The Exhibits attached to this Contract are material parts of this Contract and are incorporated herein by this reference. 4.29. Fair Interpretation Contractor agrees that the rule that ambiguous or vague language in a contract is construed against the drafter is waived and does not apply to this Contract. Contractor agrees that this Contract shall be interpreted fairly and not against the City simply because the City drafted this Contract. 4.30. No Third-Party Beneficiaries Except as expressly provided in this Contract, nothing contained herein creates or may be construed to create any right or privilege in any person or entity that is not a party to this Contract. 4.31. Title VI Solicitation Notice The City of Phoenix, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 47 disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 48 5. Special Terms and Conditions 5.1. Term of Contract The term of this Contract will commence on or about July 1, 2024 and will continue for a period of five (5) years thereafter. 5.2. Price All prices submitted shall be firm and fixed for the initial one-year of the contract. Thereafter, price increases will be considered annually provided the adjustments are submitted in writing with 60 written documentation to support the increase, such as a letter from the manufacturer, published price index, applicable change in law, etc. Price decrease requests do not require supporting documentation and are allowed at any time during the contract term. The City will be the sole judge in determining the allowable increase amount. Price increases agreed to by any staff other than the Chief Procurement Officer are invalid. The Contractor acknowledges and agrees to repay all monies paid because of a requested price increase unless the increase was specifically approved, in writing, by the Chief Procurement Officer. 5.3. Method of Ordering Contractor shall deliver items and/or services only upon receipt of a written purchase order. All Contractor invoices and packing/delivery tickets must include the City of Phoenix purchase order number. 5.4. Method of Invoicing Invoice must be emailed in .pdf format to invoices@phoenix.gov and must include the following: All required reports City purchase order number or shopping cart number Items listed individually by the written description and part number Unit price, extended and totaled Quantity ordered, back ordered, and shipped Applicable tax Invoice number and date Delivery address Payment terms FOB terms Remit to address Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 49 5.5. Method of Payment submitted to cover items received and accepted during the billing period. 5.6. Partial Payments Partial payments are authorized on individual purchase orders. Payment will be made for actual goods and services received and accepted by the City. 5.7. Supplier Profile Changes It is the responsibility of the Contractor to promptly update their profile in procurePHX at https://www.phoenix.gov/procure Officer must be notified immediately. Failure to do so may result in non-payment of invoices and contract termination. 5.8. Estimated Quantities or Dollar Amounts (Requirements Contracts Only) eement, as determined by actual needs and availability or appropriated funds. It is expressly understood and agreed that the resulting contract is to supply the City with its complete actual requirement for the contract period. 5.9. Suspensions of Work The City reserves the right to suspend work wholly or in part if deemed necessary for the best interest of the City. This suspension will be without compensation to the Contractor, other than to adjust the contract completion/delivery requirements. 5.10. Hours of Work representative. Any changes to the established schedule must have prior written approval by the 5.11. Post Award Conference A post-award conference will be held prior to commencement of any work on the project. The purpose of this conference is to discuss critical elements of the work schedule and operational problems and procedures. 5.12. Performance Interference occurrence and/or condition that interferes with the full performance of the contract and confirm it in writing within 24 hours. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 50 5.13. Cooperative Agreement In addition to the City and with approval of the Contractor, this contract may be extended for use by other municipalities and government agencies in the State of Arizona. 5.14. Exclusive Possession All services, information, computer program elements, reports, and other deliverables which may be created under this contract are the sole property of the City of Phoenix and will not be used by the Contractor or any other person except with prior written permission by the City. 5.15. Licenses and Permits Contractor will keep current Federal, State, and local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this contract. 5.16. Delivery has been selected for a specific reason. Any deviations by the Contractor from that date, after contract award, may result 5.17. Delivery / Service Ticket Contractor shall provide a packing list or service ticket for items delivered to the City or services provided to the City. Tickets should include the following and a legible copy shall be provided to the City: Date City purchase order number Written description of services which were provided Itemized list of materials which were delivered, including quantity A unique identification number and Contractor name Signature of City employee who accepted for the materials/services 5.18. Miscellaneous Fees Additional charges for fuel surcharges, delivery charges, dealer prep, environmental fees, waste disposal, shop supplies, set-up, freight and/or shipping and handling, etc. will not be paid. These costs must be incorporated in the pricing provided. Labor rates (Shop and On-site) shall be charged as a flat hourly rate and are allowed only in performance of services under this agreement. Travel hours and other incidental fees will not be - check- Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 51 5.19. Demonstration The City may, in its discretion, require a demonstration of the products or services offered as part of the evaluation process. The demonstration shall be provided by the Contractor at no cost to the City for the period deemed sufficient to properly evaluate the product or service. The exact time, conditions, and terms of the evaluation shall be established at the time a demonstration is requested. 5.20. Hiring of Each Other's Personnel Without the prior written consent of the other party, each party shall not actively target for hire personnel of the other party through the term of this Agreement and for six (6) months after the expiration or termination of the last Statement of Work executed by the parties. This prohibition does not apply to or affect in any way the City's standard recruitment processes. The City will not pay a fee or owe any compensation whatsoever to the Contractor if Contractor's employee files an employment application, competes successfully and is hired into a City position. Individuals who are employed by Contractor agency and who are on assignment at the City may file an application for regular City employment and be considered on the same merits and qualifications as would all other applicants. For this reason, compensation to Contractor would not be appropriate and not incurred if such worker succeeds in the selection process and is appointed to a regular City position. 5.21. Communication in English s lead person assigned to any City facility can speak, read, and write in English to effectively communicate with City staff. 5.22. Contractor Assignments The Contractor hereby agrees that any of its employees who may be assigned to a City site to satisfy obligations under this contract shall be used exclusively for that purpose during the hours when they are working in areas covered by this contract and shall perform no work at other City facilities. If other services, in addition to or separate from, the services specified herein, may be deemed necessary by the Chief Procurement Officer or his authorized representative, the Contractor may be requested to perform the additional or special service. 5.23. Final Inspection and Approval The Contractor will requ - After t - the authorized Department representative. Final project approval is contingent upon the City approval. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 52 5.24. Storage Space The Contractor may store supplies, materials and equipment in a storage area on the City facility Contractor agrees to keep its portion of this storage area in accordance with all applicable fire regulations. The use of City storage facilities will be on a space available basis and subject to the No materials or equipment will be stored or temporarily set in restrooms, under stairwells or other spaces accessible to the public. Hazardous chemicals such as solvent based strippers and cleaners will not be stored on City property. If storage is in an electrical closet, a minimum of 36 inches shall be provided in front of all electrical panels. The width shall be a minimum of 30 inches or the width of the panel. The width of working space in front of the electrical equipment shall be the width of the equipment or 30 inches, whichever is greater. In all cases, the work space shall permit at least a 90-degree opening of equipment. 5.25. Telephone Use Contractor shall be allowed job-related use of City telephone service at no cost to the Contractor and as designated by the City for use. The Contractor will pay any cost to repair damage caused by Contractor to the telephone equipment over and above normal wear and tear. Toll calls are not permitted by Contractor employees. A list of emergency telephone numbers shall be maintained at the work locations by the Contractor and will include the Police and Fire Departments. Personal cell phone use by Contractor employees is prohibited while performing duties under this contract. Telephone calls from all types of phones are restricted to breaks and lunches. Emergency calls will be placed and received at designated City telephones only. This includes communications between Contractor Management and onsite employees. 5.26. Transition of Contract Contractor will, without limitation, provide important information to a successor Contractor and the City to ensure continuity of service at the required level of proficiency and agrees to provide to the City all files, supplies, data, records, and any other properties or materials of the City, which the City owns or has rights to pursuant to this contract and which are in the possession of Contractor. The provisions of this section will survive the expiration or termination of this contract. 5.27. Types of Work Supervision The Contractor shall provide onsite supervision and appropriate training to assure competent performance of the work. Contractor or authorized agent will make sufficient daily routine inspections to ensure the work is performed as required by this contract. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 53 5.28. Background Screening Contract ense, unless all applicable laws, rules and regulations. Contractor further agrees that the background screening is necessary to preserve and protect the public health, safety and welfare. The City requires a completed Contract Worker Badge/Key/Intrusion Detection Responsibilities Agreement for each Contract Worker who requires a badge or key. 5.29. Background Screening Risk Level The City has established two levels of risk: Standard and Maximum risk. If the scope of work changes, the City may amend the level of risk, which could require the Contractor to incur additional contract costs to obtain background screens or badges. 5.30. Terms of This Subcontracts Contractor will include Contract Worker background screening in all contracts and subcontracts for services furnished under this agreement. 5.31. Materiality of Background Screening Requirements; Indemnity breach of these provisions will be deemed a material breach of this contract. In addition to the indemnity provisions set forth in this agreement, Contractor will defend, indemnify and hold harmless the City for all claims arising out of this background screening section including, but not limited to, the disqualifications of a Contract Worker by Contractor. The background screening requirements are the minimum requirements for the Agreement. The City in no way warrants that these minimum requirements are sufficient to protect Contractor from any liabilities that may arise e to comply with this section. Therefore, Contractor and its Contract Workers will take any reasonable, prudent and necessary measures to preserve and protect public health, safety and welfare when providing services under this Agreement. 5.32. Continuing Duty; Audit Agreement. Contractor will maintain all records and documents related to all background records. 5.33. Variances and Exemptions Contract Workers who fall under the following areas may be considered exempt from this policy: Federal Homeland Defense Bureau. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 54 Transportation Security Administration. Federal Aviation Administration. Department of Public Safety (DPS) Administration presenting a current Level One Department of Public Safety fingerprint card. Arizona or other State Bars. Other background checks performed within the last three to five years may be approved if they fit a 5.34. Material Breach If Contractor is required to access any City facilities without an escort, City badging is required. Contrac Contract Worker gains access to a City facility(s) without the proper badge or key; Contract Worker uses a badge or key of another to gain access to a City facility; Contract Worker commences services under this agreement without the proper badge, key, or background screening; Contract Worker or Contractor submits false information or negligently submits wrong information to the City to obtain a badge, key or applicable background screening; or City facility or upon the expiration, cancellation or termination of this Agreement. Contractor acknowledges and agrees that the access control, badge and key requirements in this section are necessary to preserve and protect the public health, safety and welfare. Accordingly, Contractor agrees to properly cure any default under this section within three business days (excluding weekends and City holidays) from the date notice of default is under this section will constitute a breach of this section. In addition to any other remedy available to the City at law or in equity, the Contractor will be liable for and pay to the City the sum of $1,000.00 for each breach by Contractor in this section. The parties further agree that the sum fixed above is reasonable and approximates the actual or anticipated loss to the City at the time and making of this agreement if Contractor breaches this section. Further, the parties expressly acknowledge and agree to the fixed sum set forth above section. The parties further agree that three breaches by Contractor in this section arising out of any default within a consecutive period of three months or three breaches by Contractor in this section arising out of the same default within a period of 12 consecutive months will constitute a material breach of this agreement by Contractor and the City Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 55 expressly reserves all of its rights, remedies and interests under this agreement, at law and in equity including, but not limited to, termination of this agreement. 5.35. Employee Identification and Access Contract Workers are forbidden access to designated restricted areas. Access to each building will be as directed by the authorized Phoenix authorized representative. Contract Workers are not authorized access other than during scheduled hours. Access to the building will be directed by the City's authorized representative. Only authorized Contract Workers are allowed on the premises of the City facilities/buildings. Contract Workers are not to be accompanied in the work area by acquaintances, family members, assistants or any other person unless said person is an authorized Contract Worker. Unless otherwise provided for in the scope of work: Contract Workers must always have city issued badges and some form of verifiable company identification (badge, uniform, employee id). Contractor will supply a list of the names and titles of all employees requiring access to the buildings. It is the Contractor's responsibility to provide updates and changes of personnel as necessary. 5.36. Key Access Procedures key issue/return form must be completed and submitted by the Contractor for each key issued. Contractor must submit the completed key issue/return form to the appropriate badging office. 5.37. Stolen or Lost Badges or Keys Contractor must immediately report lost or stole department. Prior to issuance of a new badge or key, a new badge application or key issue form must be completed, submittal of a police department report for stolen badges, and applicable payment of the fee(s) listed herein. 5.38. Return of Badge or Key All badges and keys are the property of the City and must be returned to the City at the badging office within one business day (excluding weekends and City holidays) of when the Contract the services under this at a City facility(s); or upon termination, cancellation or expiration of this agreement. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 56 5.39. Badge and Key Fees The following constitute the badge and key fees under this agreement, which shall be paid for at f work. The City reserves the right to amend these fees upon a 30-day prior written notice to Contractor. Initial Badge Fee: $55.00 per application Replacement Badge Fee: $55.00 per badge Lost/Stolen Badge Fee: $55.00 per badge Replacement Key Fee: $55.00 per key Replacement Locks: $55.00 per lock 5.40. Background Screening Maximum Risk A. Determined Risk Level: The current risk level and background screening required is MAXIMUM RISK. B. Maximum Risk Level: A maximum risk background screening will be performed every five 1. work directly with vulnerable adults or children, (under age 18); or 2. any responsibility for the receipt of payment of City funds or control of inventories, assets, or records that are at risk of misappropriation; or 3. unescorted access to: a. City data centers, money rooms, high-value equipment rooms; or b. unescorted access to private residences; or c. access to critical infrastructure sites/facilities; or d. direct or remote access to Criminal Justice Information Systems (CJIS) infrastructure. C. Requirements: The background screening for maximum risk level will include a background check for real identity/legal name and will include felony and misdemeanor records from any county in the United States, the State of Arizona, plus any other jurisdiction where the Contractor worker has lived at any time in the preceding seven years may require additional checks as included herein, depending on the scope of work, and may be amended if the scope of work changes. 5.41. Additional Maximum Risk Background Checks Maximum screening will additionally require: Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 57 Credit Check (for cash handling, accounting, and compliance positions only) Driving records (for driving positions only) Fingerprint verification (when Contract Worker is working directly with children or vulnerable adults, or scope takes the individual to a City location with Criminal Justice Information System (CJIS) access.) 5.42. Contractor Certification; City Approval of Maximum Risk Background Screening Unless otherwise provided for in the Scope of Work, Contractor will be responsible for: A. determining whether Contract Worker(s) are disqualified from performing work for the City for maximum risk level background checks; and, B. submitting pass/fail results to the City for approval; and, C. reviewing the results of the background check every three to five years, dependent on scope; and, D. to engage in whatever due diligence is necessary to make the decision on whether to disqualify a Contract Worker; and, E. Submitting the list of qualified Contract Workers to the contracting department; and, F. If, upon review of the background information, the City will advise the Contractor if it believes a Contract Worker should be disqualified. The Contractor will evaluate the Contract Worker and if the Contractor believes that there are extenuating circumstances that suggest that the person should not be disqualified, the Contractor will discuss those circumstances with the contracting department. The contracting department decision on disqualification of a Contract Worker is final. G. For sole proprietors, the Contractor must comply with the background check for himself and any business partners, or members or employees who will assist on the contract and for whom the requirements of the Agreement apply. H. By executing this agreement, Contractor certifies and warrants that Contractor has read the background screening requirements and criteria in this section, and that all background screening information furnished to the City is accurate and current. I. Workers. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 58 J. The City will not keep records related to background checks once they are confirmed. Information to verify the results will be returned to the Contractor, or any contracted agency K. By executing this agreement, Contractor further certifies and warrants that Contractor has satisfied all such background screening requirements for the maximum risk background screening, and verified legal worker status, as required. L. Contract Workers will not apply for the appropriate City of Phoenix identification and access maximum risk background screening. The City may, in its sole discretion, accept or reject any or all the Contract Workers proposed by Contractor for performing work under this Agreement. A Contract Worker rejected for work at a maximum risk level under this agreement will not be proposed to perform work under other city contracts or engagements M. The City may, at any time, in its sole discretion, refuse to allow an employee access to an area for any of the following reasons, but not limited to: 1. Conviction of a felony. 2. Conviction of a misdemeanor (not including traffic or parking violation). 3. Any outstanding warrants (including traffic and parking violations). 4. A person currently on parole or probation. 5. A person currently involved in an investigation. 5.43. Contract Worker Background Screening And Aviation Badging Requirements Contractor agrees that all Contract Workers that Contractor allows to perform work under this Contract shall be subject to background and security checks and screening (Background Screening). Contractor must pay for the cost of all Background Screenings, unless otherwise provided in the Scope of Work. Contractor agrees that Background Screenings required by this Section is necessary to preserve and protect public health, safety, and welfare. The Background Screening requirements set forth in this Section are the minimum requirements for this Contract. The City does not warrant or represent that the minimum requirements are sufficient to protect Screening measures set forth below, Contractor and its Contract Workers shall take such other reasonable, prudent, and necessary measures to further preserve and protect public health, safety, and welfare when providing work under this Contract. he City, including (1) a person or entity that has a contract with the City, (2) a worker of a person or entity that has Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 59 a contract with the City, (3) a worker of a subcontractor of a person or entity that has a contract with the City, and (4) a worker of a tenant of the City. (City of Phoenix A.R. 4.45) 5.44. Legal Worker Background Check Pursuant to Arizona Revised Statutes (A.R.S.) § 41-4401, Contractor must verify the legal Arizona worker status of each Contract Worker. Contractor must conduct and all Contract Workers must pass a background check for their real identity and legal name prior to performing any work under this Contract. 5.45. City Rights Regarding Security Inquiries In addition to a Legal Worker Background Check, the City reserves the right to require Contractor to: A. Have a Contract Worker provide fingerprints and execute any document that is necessary to obtain criminal justice information pursuant to A.R.S. § 41-1750(G)(4) or Phoenix City Code § 4-22 or both; B. Act on newly acquired information, whether or not the information should have been previously discovered; C. Unilaterally change its standards and criteria related to the acceptability of Contract Workers; and D. Object, at any time and for any reason, to a Contract Worker performing work under this Contract, including supervision and oversight services. 5.46. Contractor Certification By entering into this Contract, Contractor certifies that Contractor has read the Background Screening requirements and criteria in this Section, understands them, and that all Background Screening information furnished to the City is accurate, complete, and current. A Contract Worker that is rejected for work under this Contract shall not perform any work under any other contract or engagement Contractor has further certifies to the City that Contractor has satisfied all Background Screening requirements and verified the legal worker status of each Contract Worker as required under this Section. 5.47. Contractor shall include the terms of this Section for Contract Worker Background Screening in all contracts and subcontracts for work performed under this Contract, including supervision and oversight services. 5.48. Materiality of Background Screening Requirements and Indemnity into this Contract. Any breach of this Section by Contractor shall be deemed a material breach of Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 60 this Contract. In addition to any other indemnification provision in this Contract, Contractor shall defend, indemnify, and hold harmless the City from and against any and all claims, actions, liabilities, damages, losses, and expenses (Claims) arising out of this Background Screening enforce this Section. 5.49. Continuing Duty and Audit kers pass a Background Screening pursuant to Section shall continue throughout the entire term of this Contract. Contractor shall Contractor shall maintain all records and documents related to all Background Screenings and 5.50. Contract Worker Access Controls and Airport Security Badge Requirements Contractor shall not allow a Contract Worker to begin work under this Contract until Contractor has completed the Background Screening required by the City and the City has issued the appropriate airport security badge to the Contract Worker. The airport security badge will grant the Contract Worker unescorted access authority only to the area or areas of the Airport that the Contract Worker must enter in order to perform work under this Contract. When a Contract that area ends. Any Contract Worker that attempts to enter a restricted area or sterile area, as those terms are defined below, of the Airport without proper authority is an immediate breach of this Contract. 5.51. Security Identification Display Area (SIDA) Badge Process Each Contract Worker that needs unescorted access authority to a restricted or sterile area of the Airport in order to perform work under this Contract must receive a security identification display area (SIDA) badge from the Aviation Dep Office. Contractor must make arrangements with the City to have each Contract Worker proceed to the Badging Office for processing. The Badging Office will not issue a SIDA badge until the Contract Worker passes a fingerprint-based criminal history background check (CHRC) required by federal law (49 C.F.R. § 1542.209) and § 4-22(C) of the Phoenix City Code and passes a security threat assessment as mandated by the TSA through a security directive (49 C.F.R. § 1542.303). The Contract Worker shall comply with all requirements of and furnish all information requested by the Badging Office. Contractor shall pay for all fees associated with SIDA badging process, unless otherwise provided in the Scope of Work. Fees will be assessed according to § 4-22(D) of the Phoenix City Code. Current badging procedures and fees are available for review at: https://www.skyharbor.com/airport-business/security-badging/. implemented an means the secured area and other areas designated by the Aviation Department, which include air operation areas, ground transportation areas, and the Rental Car Center security doors. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 61 is controlled by the TSA or the airline by screening of persons and property. See § 4-22 of the Phoenix City Code and Rules 05-01 and 05-09 of the Aviation Department Rules and Regulations for a complete definition of the foregoing terms. 5.52. Risk-Based Background Check Process The City has established two levels of risk for Contract Worker background checks: standard risk and maximum risk. If the Scope of Work changes, the City may change the level of risk, which may require Contractor conduct additional investigations and incur additional costs in order to process a background check and obtain the required airport security badge. Contract Workers who receive a SIDA badge are exempt from a standard and maximum risk background check. A MAXIMUM RISK BACKGROUND CHECK is required for all non-exempt Contract Workers performing work under this Contract. ct-gathering process described in City Arizona eligibility, criminal history, driving history, certifications, and other matters that may affect the Contract W A. Before any work is performed under this Contract, Contractor shall provide the City with a list of its Contract Workers. B. If any dispute arises related to a background check process or criminal history check information, then Contractor and the affected Contract Worker will resolve the dispute. The City will not get involved in resolving any such dispute. C. In making the determination whether information in a background check renders the Contract Worker disqualified, Contractor should be guided by the following principles and guidelines: 1. Disqualification should not be based solely on a criminal conviction unless the conviction related to performance under this Contract. 2. Arrests that did not result in a conviction being entered or charges being filed may not be considered. 3. Not all criminal convictions or other negative information obtained in a background check will disqualify a Contract Worker from working under this Contract. 4. Contractor must evaluate the relevance of the information to the work the Contract Worker will perform under this Contract. 5. Contractor must consider the following factors in determining whether negative background information disqualifies a Contract Worker: Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 62 Duties of the position Time, nature, and number of negative events and convictions Attempts and extent of rehabilitation efforts The relation between the duties of the position and the nature of the crime committed D. The analysis of whether any information in a background check is a potentially disqualifying factor involves looking at the requirements of the Contract, the Scope of Work, where the work will be performed, the need for access to restricted areas, and the type of persons or places the Contract Worker will encounter. Contractor should review the background check results and determine whether the nature of the conviction or crime reported would create 1. For a Contract Worker requiring a standard risk background check, potentially disqualifying convictions include a record of theft, identity theft, computer fraud or abuse, burglary, arson, crimes against property, violent crimes, or other crimes involving dishonesty, or embezzlement. 2. For a Contract Worker requiring a maximum risk background check, potentially disqualifying convictions include a record of child molestation, assault, sexual assault, crimes against a person, public indecency, drug offenses, forgery, theft, burglary, arson, crimes against property, violent crimes, crimes for financial gain, identity theft, computer fraud or abuse, and embezzlement. E. If a background check shows that the disposition of an arrest is unknown, then Contractor must determine the disposition of the arrest. F. Contractor will obtain a Contract Worker disclosure from each Contract Worker who will perform work under this Contract. Contractor will provide the Contract Worker disclosures Worker disclosing his or her prior criminal record. The Contract Worker disclosure must list all criminal convictions, including the nature of the crime, the date of the conviction, and the location where the crime and conviction occurred. The Contract Worker disclosure also grants to the City the right to review the background check results. (City of Phoenix A.R. 4.45) G. In a standard risk background check, Contractor must review the results of the background check and decide if a Contract Worker should be disqualified for work under this Contract. Contractor must engage in whatever due diligence is necessary to make the decision on whether to disqualify a Contract Worker. After Contractor has made its decisions, a list of names of qualified Contract Workers will be provided to the City. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 63 H. In a maximum risk background check, Contractor must conduct the same review as in a standard risk background check. However, when submitting its list of qualified Contract Workers, Contractor must also submit the results of the background checks to the City for review. After its review, the City will either approve or deny each Contract Worker. 1. If the City approves a Contract Worker, then the City will notify Contractor of that fact and the Aviation Department will issue the appropriate airport security badge to the Contract Worker. 2. If the City denies a Contract Worker, then the City will notify Contractor of that fact and Contractor will reevaluate the Contract Worker to determine whether the person should be disqualified. If Contractor believes there are extenuating circumstances that suggest that the Contract Worker should not be disqualified, then Contractor will discuss those circumstances with the City. The City will review the matter and its decision on disqualification is final. 3. The City may set up a secure folder or drop box for confidential materials related to maximum risk background checks. The City will not keep records related to maximum risk background checks after they are reviewed. I. If Contractor is a sole proprietor, Contractor must submit to the City a copy of his or her own background check and a background check for all business partners, member, and employees that will work under this Contract and for whom the background check requirements of City of Phoenix A.R. 4.45 apply. J. Contractor shall determine whether a Contract Worker is disqualified from performing work under this Contract. 5.53. Scope of the Maximum Risk Background Check The maximum risk background check conducted by Contractor must include the search criteria conducted under a standard risk background check in addition to a search for all felony and misdemeanor convictions (not including traffic or parking violations), a sex offender check, and a search for all outstanding warrants. Based on the Scope of Work, Contractor shall also conduct a credit check (for cash handling, accounting, and compliance positions only), driving records check (for driving positions only), and fingerprint verification when the Contract Worker is working directly with a child under age 18 or a vulnerable adult or the work under the Contract will take the Contract Worker to a criminal justice information system (CJIS) location. Maximum risk background checks are valid for the term of this Contract or three (3) years, whichever is shorter. 5.54. Airport Security Badge Handling Procedures Contractor will comply with the following airport security badge handling procedures: Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 64 Key Access Procedures. If a Contract Worker requires keyed access to enter a City facility, then a separate key will be issued and Contractor must complete a return form and submit it to the City for each key issued. Stolen or Lost Badges or Keys. Contractor shall immediately report any lost or stolen airport security badge or key to the City. A new airport security badge application or key issue form must be completed and submitted along with payment of the applicable fee prior to issuance of a new airport security badge or key. Return of Badges or Keys. All airport security badges and keys are the property of the City and access to a City facility is no longer required under this Contract. Contractor shall collect a (3) when this Contract terminates, is cancelled, or expires, whichever occurs first. Employee Identification and Access. Contract Workers must have an airport security badge and some form of verifiable company identification in their possession at all times while working under this Contract, unless otherwise provided in the Scope of Work. Contract Workers are strictly prohibited from entering any area of the Airport that is not authorized by the airport security badge or key issued to them by the Badging Office. The Aviation Department will determine who will have access to the Airport. Contract Workers access authority is only valid during their scheduled hours. Contractor shall provide the City with updates and changes in personnel as they occur. Badge Fees. Contractor shall pay the airport security badge fees set forth in § 4-11(D) of the Phoenix City Code. 5.55. Contractor agrees that the access control, airport security badge, and key requirements in this Section are necessary to preserve and protect public health, safety, and welfare. Therefore, Contractor shall be deemed in immediate breach of this Section upon the occurrence of any of the following: A Contract Worker gains access to a City facility or a restricted or secured area of the Airport without the proper airport security badge or key A Contract Worker uses another to gain access to a City facility or a restricted or secured area of the Airport A Contract Worker begins work under this Contract without passing the appropriate Background Screening and being issued the proper airport security badge or key A Contract Worker or Contractor submits false, incomplete, or misleading Background Screening information or submits any false, incomplete, or misleading information in an attempt to improperly obtain an airport security badge or key Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 65 terminates, (2) the date the Contract Worker is assignment to another City facility, or (3) when this Contract terminates, is cancelled, or expires, whichever occurs first 5.56. Liquidated Damages and Remedies for Breach of Aviation Security Procedures In addition to any other remedy available to the City at law or in equity, including the right to terminate this Contract, Contractor shall be liable for and shall pay to the City a stipulated damage in the amount of $1,000.00 for each breach of Aviation Security Procedures and for each time a Contract Worker entered a restricted or secured area of the Airport without proper authority. Contractor agrees that the stipulated damage amount is not a penalty but is a reasonable estimate of the actual harm to the City caused by a breach and that the harm was very difficult to estimate at the time this Contract was entered into. 5.57. Supplemental Terms and Conditions to All Airport Agreements 1. Definitions 1. "Airport" means Phoenix Sky Harbor International Airport, Phoenix Deer Valley Airport, and/or Phoenix Goodyear Airport, according to the context of the contract. 2. "Contract" means all City of Phoenix Aviation Department contracts, subcontracts, agreements, leases, subleases, licenses, permits, concessions, and other documents, however denominated, that grant or convey a right or privilege on an Airport and to which this Exhibit is attached. 3. "Contractor" means all lessees, sublessees, licensees, permittees, consultants, concessionaires and other persons, firms, or corporations exercising a right or privilege on an Airport pursuant to a Contract and includes Contractor's heirs, personal representatives, successors, and assigns. 4. "Premises" means the area of an Airport occupied or used by Contractor pursuant to a Contract. 2. Federal Aviation Administration (FAA) Grant Assurances 1. Title VI of the Civil Rights Act of 1964 Compliance with Nondiscrimination Requirements 49 U.S.C. § 47123 and FAA Order 1400.11 During the performance of this Contract, Contractor agrees as follows: A. Compliance with Regulations. Contractor will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities (as provided in Section 7 Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 66 below), as it may be amended from time to time, which is incorporated herein by reference and made a part of this Contract. B. Nondiscrimination. With regard to the work performed by it under this Contract, Contractor will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Contractor will not participate, directly or indirectly, in the discrimination prohibited by the Title VI List of Pertinent Nondiscrimination Acts and Authorities, including employment practices when this Contract covers any activity, project, or program set forth in Appendix B of 49 C.F.R. Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation, made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier will be notified by Contractor of Contractor's obligations under this Contract and the Title VI List of Pertinent Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. D. Information and Reports. The Contractor will provide all information and reports required by the Title VI List of Pertinent Nondiscrimination Acts and Authorities, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City of Phoenix or the FAA to be pertinent to ascertain compliance with the Title VI List of Pertinent Nondiscrimination Acts and Authorities and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish the information, Contractor will so certify to the City of Phoenix or the FAA, as appropriate, and will set forth what efforts Contractor has made to obtain the information. E. Sanctions for Noncompliance. In the event of Contractor's noncompliance with the nondiscrimination provisions of this Contract, the City of Phoenix will impose such Contract sanctions as it or the FAA may determine to be appropriate, including: (i) Withholding payments to Contractor under this Contract until Contractor complies, and/or (ii) Cancelling, terminating, or suspending this Contract, in whole or in part. F. Covenant Running with the Land. Contractor for itself and its heirs, personal representatives, successors, and assigns, as a part of the consideration for this Contract, hereby covenants and agrees that, in the event facilities are constructed, maintained, or otherwise operated on the property described in this Contract for a purpose for which a FAA activity, facility, or program is extended or Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 67 for another purpose involving the provision of similar services or benefits, Contractor will maintain and operate such facilities and services in compliance with all requirements imposed by the Nondiscrimination Acts and Regulations listed in the Title VI List of Pertinent Nondiscrimination Acts and Authorities (as may be amended) such that no person on the grounds of race, color, or national origin will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. In the event of a breach of any of the above Nondiscrimination covenants, the City of Phoenix will have the right to terminate this Contract and to enter, re-enter and repossess the property and facilities thereon and hold the same as if this Contract had never been made or issued. G. Incorporation of Provisions. Contractor will include the provisions of paragraphs A through F in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Title VI List of Pertinent Nondiscrimination Acts and Authorities, the Regulations, and directives issued pursuant thereto. Contractor will take action with respect to any subcontract or procurement as the City of Phoenix or the FAA may direct as a means of enforcing such provisions, including sanctions for noncompliance, provided, however, that if Contractor becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, Contractor may request the City of Phoenix to enter into any litigation to protect the interests of the City of Phoenix. In addition, Contractor may request the United States to enter into the litigation to protect the interests of the United States. 2. General Civil Rights Provisions 49 U.S.C. § 47123 A. Sponsor Contracts. Contractor agrees to comply with pertinent statutes, executive orders, and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability, be excluded from participating in any activity conducted with or benefiting from federal assistance. This provision binds Contractor and subtier contractors from the bid solicitation period through the completion of this Contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. B. Sponsor Lease Agreements and Transfer Agreements. Contractor agrees to comply with pertinent statutes, executive orders, and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability, be excluded from participating in any activity conducted with or benefiting from federal assistance, including Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. If Contractor transfers its obligations to another, then the transferee is obligated in the same manner as Contractor. This provision obligates Contractor or its transferee for the period during which the property is owned, used, or possessed by Contractor and the City of Phoenix remains obligated to the FAA. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 68 This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. 3. Economic Nondiscrimination 49 U.S.C. § 47107 In any Contract under which a right or privilege on the Airport is granted to a Contractor to conduct or to engage in any aeronautical activity for furnishing services to the public, Contractor shall: A. Furnish its services on a reasonable, and not unjustly discriminatory basis to all users of the Airport, and B. Charge reasonable, and not unjustly discriminatory prices for each unit or services, provided that Contractor may be allowed to make reasonable and non- discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. Non-compliance with this requirement shall be a material breach of this Contract for which the City of Phoenix shall have the right to terminate this Contract and any estate created herewith without liability therefor or, at the election of the City of Phoenix or the United States shall have the right to judicially enforce said requirement. 4. Disadvantaged Business Enterprise Requirements 49 C.F.R. Part 26 A. Contract Assurance (§ 26.13). To the extent that this Contract is covered by 49 C.F.R. Part 26, Contractor agrees that this Contract is subject to the requirements of the U.S. Department of Transportation regulations at 49 C.F.R. Part 26. Contractor or its subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT-assisted contracts. Failure by Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the City of Phoenix deems appropriate, which may include (i) withholding monthly progress payments, (ii) assessing sanctions, (iii) liquidated damages, and/or (iv) disqualifying Contractor from future bidding as non-responsible. Contractor agrees to include the foregoing statement in any subsequent contract that it enters into and cause those businesses to similarly include the statement in further agreements. B. Prompt Payment (§ 26.29). Contractor agrees to pay each subcontractor under this Contract for satisfactory performance of its contract not later than seven (7) days from the receipt of each payment Contractor receives from City of Phoenix. Contractor agrees further to return retainage payments to each subcontractor within seven (7) days after the work is satisfactorily completed. Any delay or postponement of payment from the above-referenced time frame may occur only for good cause following written approval of the City of Phoenix. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 69 This clause applies to both DBE and non-DBE subcontractors. 5. Airport Concessions Disadvantaged Business Enterprise Requirements 49 C.F.R. Part 23 Contract Assurance (§ 23.9). To the extent that this Contract is a concession agreement covered by 49 C.F.R. Part 23, Contractor agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement, management contract, or subcontract, purchase or lease agreement, or other agreement covered by 49 C.F.R. Part 23. Contractor agrees to include the above statements in any subsequent concession agreement or contract covered by 49 C.F.R. Part 23 that it enters into and cause those businesses to similarly include the statements in further agreements. 6. Miscellaneous A. Contractor agrees that it will undertake an affirmative action plan in conformance with 14 C.F.R. Part 152, Subpart E (Nondiscrimination in Airport Aid Program), to ensure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment, contracting, or leasing activities covered in 14 C.F.R. Part 152, Subpart E. Contractor assures that no person will be excluded on such grounds from participating in or receiving the services or benefits of any program or activity covered by Subpart E. Contractor further agrees that it will require its covered suborganizations to provide assurances to Contractor that they similarly will undertake affirmative action programs and that they will require like assurances from their suborganizations as required by 14 C.F.R. Part 152, Subpart E. B. City of Phoenix reserves the right to further develop, improve, repair, and alter the Airport and all roadways, parking areas, terminal facilities, landing areas, and taxiways, as it may reasonably see fit, free from any and all liability to Contractor for loss of business or damages of any nature whatsoever to Contractor occasioned during the making of such improvements, repairs, alterations, and additions. C. The City of Phoenix reserves the right, but is not obligated to Contractor, to maintain and keep in repair the landing area of the Airport and all publicly- owned facilities of the Airport, together with the right to direct and control all activities of Contractor in this regard. D. Contractor acknowledges that this Contract is subordinate to any existing or future agreement between the City of Phoenix and the United States concerning the development, operation, or maintenance of the Airport. If the FAA or its successors require modifications or changes in the Contract as a condition to obtaining funds for improvements at the Airport or as a requirement of any prior Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 70 grants, Contractor hereby consents to any and all such modifications and changes as may be reasonably required and agrees that it will adopt any such modifications and changes as part of this Contract. E. This Contract is subordinate to the reserved right of the City of Phoenix and its successors and assigns to occupy and use for the benefit of the public the airspace above the Premises for the right of flight for the passage of aircraft. This public right of flight includes the right to cause in the airspace any noise inherent in the operation of any aircraft through the airspace or in landing at, taking off from, or operating at an Airport. F. Contractor agrees to comply with the notification and review requirements, as required by 14 C.F.R. Part 77 (Safe, Efficient Use, and Preservation of the Navigable Airspace), if future construction of a structure is planned for the Premises or a planned modification of a structure on the Premises. Contractor shall submit the required FAA Form 7460-1 (Notice of Proposed Construction or Alteration) and provide documentation showing compliance with the federal requirements. After the FAA has completed the aeronautical study, Contractor shall provide to the City of Phoenix the FAA determination letter on proposed construction and any impact to air navigation. Contractor covenants for itself and its successors and assigns that it will not erect or permit the erection of any structure or permit the growth of any tree on the Premises above the mean sea level elevation for (1) Phoenix Sky Harbor International Airport, 1,134 feet, (2) Phoenix Goodyear Airport, 968 feet, and (3) Phoenix Deer Valley Airport, 1,476 feet. As a remedy for the breach of the covenant, the City of Phoenix reserves the right to enter the Premises and remove the offending structure or cut the G. Contractor, by accepting this Contract, covenants for itself and its successors and assigns, that no use will be made of the Premises that might in any manner interfere with the landing and taking off of aircraft from the Airport or otherwise constitute a hazard to air navigation. As a remedy for the breach of the covenant, the City of Phoenix reserves the right to enter the Premises and abate the H. Contractor agrees that nothing in this Contract may be construed to grant or authorize the granting of an exclusive right within the meaning of 49 U.S.C. § 40103(e) (No exclusive rights at certain facilities). I. This Contract is subordinate to whatever rights the United States now has or in the future may acquire affecting the control, operation, regulation, and taking- over of the Airport or the exclusive or non-exclusive use of the Airport by the United States during a time of war or national emergency. J. If this Contract involves construction, Contractor shall carry out the project in Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 71 accordance with FAA airport design, construction, and equipment standards and specifications current on the date of project approval. K. Contractor is encouraged to use fuel and energy conservation practices. 7. Immigration Reform and Control Act of 1986 (IRCA) Contractor agrees that IRCA (Public Law 99-603) applies to it. Contractor shall comply with the provisions of IRCA as it applies to its activities under this Contract and to permit the City of Phoenix to inspect its personnel records to verify its compliance. 8. Conflict of Interest Contractor agrees that the City of Phoenix may cancel this Contract pursuant to Arizona Revised Statutes (A.R.S.) § 38-511 (Cancellation of political subdivision and state contracts). 9. Legal Worker Requirements The City is prohibited by A.R.S. § 41-4401 from awarding an agreement to any contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23- 214(A) (Verification of employment eligibility; e-verify program). Therefore, Contractor agrees that: A. Contractor and each subcontractor it uses warrants their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with § 23-214(A). B. A breach of warranty under paragraph A above shall be deemed a material breach of this Contract and is subject to penalties up to and including termination of the Agreement. C. The City of Phoenix retains the legal right to inspect the papers of Contractor or its subcontractor employees who work on this Contract to ensure that Contractor or its subcontractors are complying with the warranty under paragraph A above. 10. City of Phoenix Equal Employment Opportunity Requirement A. If Contractor is by this Contract a supplier to or lessee of the City, then the requirements of the Phoenix City Code, Chapter 18, Article V applies, including the agreement that: supplier/lessee in performing under this contract shall not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age, or disability, nor Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 72 otherwise commit an unfair employment practice. The supplier and/or lessee shall ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, national origin, age, or disability, and shall adhere to a policy to pay equal compensation to men and women who perform jobs that require substantially equal skill, effort, and responsibility, and that are performed within the same establishment under similar working conditions. Such action shall include but not be limited to the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The supplier further agrees that this clause will be incorporated in all subcontracts with all labor organizations furnishing skilled, unskilled and union labor, or who may perform any such labor Supplier/lessee further agrees that this clause will be incorporated in all subcontracts, job-consultant agreements or subleases of this agreement entered into by supplier/lessee. If the supplier/lessee employs more than 35 employees, the following language shall be included as the last paragraph to the clause above: supplier/lessee further agrees not to discriminate against any worker, employee or applicant, or any member of the public, because of sexual orientation or gender identity or expression and shall ensure that applicants are employed, and employees are dealt with during employment without regard to their sexual orientation or gender identity or B. Documentation. Suppliers and lessees may be required to provide additional documentation to the Equal Opportunity Department affirming that a nondiscriminatory policy is being utilized. C. Monitoring. The Equal Opportunity Department shall monitor the employment policies and practices of suppliers and lessees subject to this Section 3 as deemed necessary. The Equal Opportunity Department is authorized to conduct on-site compliance reviews of selected firms, which may include an audit of personnel and payroll records, if necessary. 11. Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this Contract, Contractor agrees to comply with all federal, state, and local nondiscrimination laws, rules, and regulation, including the following: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d) (prohibits discrimination on the basis of race, color, or national origin). Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 73 B. 49 C.F.R. Part 21 (Nondiscrimination in Federally-Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964). C. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §§ 4601, et seq.) (prohibits unfair treatment of persons displaced or whose property has been acquired because of federal or federal aid programs and projects). D. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §§ 701, et seq.), as amended (prohibits discrimination on the basis of disability), and 49 C.F.R. Part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance). E. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101, et seq.) (prohibits discrimination on the basis of age). Airport and Airway Improvement Act of 1982 (49 U.S.C. § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex). F. The Civil Rights Restoration Act of 1987 (Public Law 100-209) (broadened the scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973 by expanding the definition of the terms or to include all of the programs or activities of the federal-aid recipients, sub-recipients, and contractors, whether the programs or activities are federally funded or not). G. Titles II and III of the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.), which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities as implemented by U.S. Department of Transportation regulations at 49 C.F.R. Part 37 (Transportation Services for Individual with Disabilities) and Part 38 (Americans with Disabilities Act Accessibility Specification for Transportation Vehicles). H. Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations), which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. I. Executive Order 13166 (Improving Access to Services for Persons with Limited English Proficiency) and resulting agency guidance and national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 74 Reg. at 74087 to 74100). J. Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681, et seq.), as amended, which prohibits you from discriminating because of sex in education programs or activities. 2068157 Revised 2/1/19 5.58. Security Inquiries Contractor acknowledges that all of the employees that it provides pursuant to this Contract shall, screening at the request of the City. Contractor shall perform all such security inquiries and shall make the results available to the City for all employees considered for performing work (including supervision and oversight) under this Contract. City may make further security inquiries. Whether or not further security inquiries are made by the City, City may, at its sole, absolute and unfettered discretion, accept or reject any or all of the employees proposed by the Contractor for performing work under this Contract. Employees rejected by the City for performing services under this Contract may still be engaged by Contractor for other work not involving the City. An employee rejected for work under this Contract shall not be proposed to perform work under other City contracts or The City, in its sole discretion, reserves the right, but not the obligation to: require an employee/prospective employee of the Contractor to provide fingerprints and execute such other documentation as may be necessary to obtain criminal justice information pursuant to A.R.S. 41-1750 (G) (4); act on newly acquired information whether or not such information should have been previously discovered; unilaterally change its standards and employees and/or prospective employees; and object, at any time and for any reason, to an employee of Contractor performing work (including supervision and oversight) under this Agreement. Contractor will bear the costs of all inquiries requested by the City. 5.59. Environmental Quality - Drinking Water and Treatment Chemicals All materials, equipment, supplies or products that come into contact with drinking water or drinking water treatment chemicals shall conform to American National Standards Institute standards 60 and/or 61 as evidenced by certification from either Underwriters Laboratories or NSF International. Contractor must provide proof of this certification if requested. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 75 All products provided in response to this solicitation shall be certified by the U.S. EPA Water Sense Partnership program for water efficiency. 5.60. Handling of Photographs The US Department of Homeland Security has designated water and wastewater treatment facilitie authorized by the WSD Security Management Unit are permitted to photograph or film Water infrastructure, facilities, and assets which any include, but are not limited to: pay stations, warehouses, lift stations, treatment plants, service yards, booster stations, well sites, vehicles and related equipment and supplies. 5.61. Tax Exemption Pursuant to A.R.S.§ 42-5061 and Phoenix City Code § 14-110, pipes or valves four inches in diameter or larger used to transport oil, natural gas, artificial gas, water or coal slurry, including compressor units, regulators, machinery and equipment, fittings, seals and any other part that is used in operating the pipes or valves are exempt from the imposition of sales or use tax. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 76 6. Defense and Indemnification 6.1. Standard General Defense and Indemnification officers, officials (elected or app any and all claims, actions, liabilities, damages, losses or expenses (including but not limited to court costs, attorney fees, expert fees, and costs of claim processing, investigation and litigation) by the wrongful, negligent or willful acts, or errors or omissions of Indemnitor or any of its owners, officers, directors, members, managers, agents conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. im is threatened or regardless of whether Indemnitor is ultimately found liable. Indemnitor must indemnify Indemnitee from and against any and all Losses, except where it is proven that those Losses are solely a primary loss investigation, defense and judgment costs where this indemnification applies. In consideration of the award of this Contract, Indemnitor waives all rights of subrogation against the City of Phoenix. The obligations of Indemnitor under this provision survive the termination or expiration of this Contract. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 77 7. Insurance Requirements 7.1. Contractor's Insurance Contractor and subcontractors must procure insurance against claims that may arise from or relate to performance of the work hereunder by Contractor and its agents, representatives, employees, and subcontractors. Contractor and subcontractors must maintain that insurance until all their obligations have been discharged, including any warranty periods under this Contract. The City in no way warrants that the limits stated in this section are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees or subcontractors and Contractor may purchase additional insurance as they determine necessary. 7.2. Scope and Limits of Insurance Contractor must provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the liability limits provided coverage below are met. 7.3. Commercial General Liability Occurrence Form General Aggregate $5,000,000 Products Completed Operations Aggregate $5,000,000 Personal and Advertising Injury $5,000,000 Each Occurrence $5,000,000 The policy must name the City of Phoenix as an additional insured with respect to liability for bodily injury, property damage and personal and advertising injury with respect to premises, ongoing operations, products and completed operations and liability assumed under an insured contract arising out of the activities performed by, or on behalf of the Contractor related to this Contract. There shall be no endorsement or modification which limits the scope of coverage or the policy limits available to the City of Phoenix as an additional insured. City of Phoenix is an additional insured to the full limits of liability purchased by the Contractor. -contributory with respect to any insurance or self-insurance carried by the City. The policy must not contain any exclusions for operations on or near airport premises. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 78 7.4. Automobile Liability Bodily Injury and Property Damage coverage for any owned, hired, and non-owned vehicles used in the performance of this Contract. Combined Single Limit (CSL) $5,000,000 The policy must be endorsed to include the City of Phoenix as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor, relating to this Contract. The policy must not contain any exclusions for operations on or near airport premises. City of Phoenix is an additional insured to the full limits of liability purchased by the Contractor. -contributory with respect to any insurance or self-insurance carried by the City. 7.5. Each Accident $100,000 Disease Each Employee $100,000 Disease Policy Limit $500,000 Policy must contain a waiver of subrogation against the City of Phoenix. This requirement does not apply when a contractor or subcontractor is exempt under A.R.S. §23-902(E), AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form. 7.6. Notice of Cancellation For each insurance policy required by the insurance provisions of this Contract, the Contractor must provide to the City, within 5 business days of receipt, a notice if a policy is suspended, voided, or cancelled for any reason. Such notice must be mailed, emailed, or hand delivered to City of Phoenix Water SErvices Department 200 W. Washington St. 9th floor, Phoenix, AZ. 85003 or wsdprocurement@phoenix.gov. 7.7. Acceptability of Insurers Insurance is to be placed with insurers duly licensed or authorized to do business in the state of the required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 79 7.8. Verification of Coverage Contractor must furnish the City with certificates of insurance (ACORD form or equivalent approved by the City) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and any required endorsements are to be received and approved by the City before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract or to provide evidence of renewal is a material breach of contract. All certificates required by this Contract must be sent directly to City of Phoenix Water Services Department 200 W. Washington St. 9th floor, Phoenix, AZ. 85003 or wsdprocurement@phoenix.gov. The City project/contract number and project description must be noted on the certificate of insurance. The City reserves the right to review complete copies of all insurance policies required by this Contract at any time. DO NOT SEND CERTIFICATES OF 7.9. Subcontractors OR Contractor shall be responsible for ensuring and verifying that all subcontractors have valid and collectable insurance. At any time throughout the life of the contract, the City of Phoenix reserves the right to require proof from the Contractor that its subcontractors have insurance are subject to the insurance coverages identified above and must include the City of Phoenix as an additional insured. In certain circumstances, the Contractor may, on behalf of its subcontractors, waive a specific type of coverage or limit of liability where appropriate to the type of work being performed under the subcontract. Contractor assumes liability for all subcontractors with respect to this Contract. 7.10. Approval Any modification or variation from the insurance coverages and conditions in this Contract must be documented by an executed contract amendment. Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 80 8. Submittals 8.1. Copies Please submit one electronic copy via email to wsdprocurement@phoenix.gov of the Submittal Section and all other required documentation. Please do not lock the electronic copy with password protection so that the City may digitally incorporate the successful offer into the awarded contract. Please submit only the Submittal Section, do not submit a copy of the entire solicitation document. This Offer will remain in effect for a period of 180 calendar days from the opening date and 8.2. Solicitation Response Check List Use this check list as a tool to review your submission to ensure that all required documents and forms are included. The written offer should be: Typewritten for ease of evaluation Signed by an authorized representative of the Offeror Submitted with contact information for the individual(s) authorized to negotiate with the City A. Offeror's Proposal - experience responsive to the requirements of the solicitation and evaluation criteria that include: 1. Inventory of available equipment as required in section 2.15 2. Previous experience with references 3. Copies of current PACP, MACP, NASSCO Certification of Project Manager 4. AZ Contractor license B. Pricing Proposal - A completed pricing proposal with all requested prices, quantities, and/or discounts completed. C. Submittal Forms - All submittal forms are completed and signed. D. Addenda - Signed copies of all published addenda. Offers must be in possession of the Department on or prior to the exact time and date indicated in the Schedule of Events. Late offers will not be considered. Electronic submission is preferred. Due to file size limitations for electronic transmission, offers sent by email may need to be sent in parts with multiple emails. It is the responsibility of the Offeror to ensure that the offer is received Invitation For Bid #IFB 2324 WWC-626 (SD) Title: Sewer and Storm Drain Cleaning and Inspection Services 81 timely and that there are no technical reasons for delay. Please refer to the Instructions Section for complete information regarding the submission of offers. 8.3. Additional Quantities The City anticipates considerable activity under the resultant contract(s). However, no guarantee can be made as to actual sewer and storm drain cleaning and inspection services, that will be purchased under this contract. The City reserves the right to add, change or delete quantities or items as circumstances may require. Note: Offers taking exception to this option for additional quantities clause shall indicate in their offer. Page 1 of 1 OFFER (please complete, sign, and return with the submittal) TO THE CITY OF PHOENIX - The Undersigned hereby offers and agrees to furnish the material and or service(s) in compliance with all terms, conditions, specifications, and addenda issued as a result of a solicitation. Arizona Sales Tax No. Use Tax No. for Out-of-State Suppliers City of Phoenix Sales Tax No. Arizona Corporation Commission File No. _______________________________________ _______________________________________ _______________________________________ _______________________________________ Offeror agrees to provide its federal taxpayer identification number or as applicable its social security number to the City of Phoenix for the purposes of reporting to appropriate taxing authorities, monies paid by the City of Phoenix under the awarded contract. If the Offeror provides its social security number, the City will only share this number with appropriate state and federal officials. This submission is mandatory under 26 U.S.C. § 6041A. 2 INSTRUCTIONS - Offeror has read, understands, and will fully and faithfully comply with this solicitation, its attachments and any referenced documents. Offeror certifies that the prices offered were independently developed without consultation with any other Offeror or potential Offerors. ____________________________________ Authorized Signature ____________________________________ Print Name and Title (President, Manager, Member) ____________________________________ Date ____________________________________ Offeror Legal Name and Company Type (LLC, Inc., Sole Proprietor) Name of Company: __________________________________________________ Address: __________________________________________________ Authorized Signature: __________________________________________________ Print Name and Title: __________________________________________________ 07286993 07286993 07286993 F00312422 04/03/2024 Jeff Kappler, President and CEO Professional Pipe Services, Inc. Professional Pipe Services, Inc. 10297 W. Van Buren St., Suite 20, Tolleson, AZ 85353 Jeff Kappler, President and CEO IV0000000116 Page of CONFLICT OF INTEREST AND TRANSPARENCY FORM (please complete, sign, and return with the submittal) This form must be signed and submitted to the City and all questions must be answered (or N/A) or your Offer may be considered non-responsive. 1. Name of person submitting this disclosure form. First MI Last Suffix 2. Contract Information Solicitation # or Name: 3. Name of individual(s) or entity(ies) seeking a contract with the City (i.e. parties to the Contract) 4. List any individuals(s) or entity(ies) that are owners, partners, parent, sublessees, joint venture, or subsidiaries of the individual or entity listed in Question 3. Please include all Board members, executive committee members and officers for each entry. If not applicable, indicate N/A. 5. List any individuals or entities that will be subcontractors on this contract or indicate N/A. Subcontractors may be retained, but not known as of the time of this submission. List of subcontracts, including the name of the owner(s) and business name: 6. List any attorney, lobbyist, or consultant retained by any individuals listed in Questions 3, 4, or 5 to assist in the proposal or seeking the resulting contract. If none, indicate N/A. IFB 2324 WWC-626 (SD) Jeff S Kappler Professional Pipe Services, Inc. National Underground Group, Inc. (Owner) Directors are Chris Suan, Ken Dabrowski, and Jeff Kappler N/A - Professional Pipe Services, Inc. plans to self-perform the work. N/A Page of 7. Disclosure of Conflict of Interest: A. City Code Section 43-34 Are you aware of any fact(s) with regard to this solicitation or resulting contract that would -34? compensation before the City regarding any part of a procurement, including any resulting contract, if during the time the elected official is or was in office or the employee is or was employed by the City such elected official or employee played a material or significant role in I am not aware of any conflict(s) of interest under City Code Section 43-34. I am aware of the following potential or actual conflict(s) of interest: B. ARS Sections 38-501 et. Seq. & City Charter Chapter 11 State law and the Phoenix City Charter and Code prohibit public officers or employees, their close relatives, and any businesses they, or their relatives, own from (1) representing before the City any person or business for compensation, (2) doing business with the City by any means other than through a formal procurement, and (3) doing business with the City without disclosing that the person has an interest in the contract. This prohibition extends to subcontracts on City contracts and also applies to parent, subsidiary, or partner businesses owned by a public officer or employee. See A.R.S. Sections 38-501 through 38-511, for more information (City Charter, Chapter 11, applies the state conflict-of-interest law to City employees). Please note that any contract in place at the time a person becomes a public officer or employee may remain in effect. But the contract may not be amended, extended, modified, or changed in any strative regulations. -501 through 38-511 (See Arizona Revised Statutes regarding conflict of interest at www.azleg.gov). I am not aware of any conflict(s) of interest under Arizona Revised Statutes Sections 38-501 through 38-511. I am aware of the following conflict(s) of interest: Page of 8. Acknowledgements A.Solicitation Transparency Policy No Contact with City Officials or Staff During Evaluation I understand that a person or entity who seeks or applies for a city contract, or any other person acting on behalf of that person or entity, is prohibited from contacting city officials and employees regarding the contract after a solicitation has been posted. - meeting. If contact is required with City official or employees, the contact will take place in accordance with procedures by the City. Violation of this prohibited contacts provision, set out in City Code Sections 2-190.4 and 43-36, by respondents, or their agents, will lead to disqualification. B.Fraud Prevention and Reporting Policy I acknowledge that the City has a fraud prevention and reporting policy and takes fraud seriously. I will report fraud, suspicion of fraud, or any other inappropriate action to: telephone no. 602-261-8999 or 602-534-5500 (TDD); or aud.integrity.line@phoenix.gov. The purpose of the fraud policy is to maintain the City's high ethical standards. The policy includes a way for our business partners to report wrongdoing or bad behavior. Suspected fraud should be reported immediately to the Phoenix Integrity Line. The City has adopted a zero-tolerance policy regarding fraud. OATH I affirm that the statements contained in this form, including any attachments, to the best of my knowledge and belief are true, correct, and complete. Should any of the answers to the above questions change during the course of the contract, particularly as it relates to any changes in ownership, applicant agrees to update this form with the new information within 30 days of such changes. Failure to do so may be deemed a breach of contract. PRINT NAME TITLE SIGNATURE DATE COMPANY (CORPORATION, LLC, ETC.) NAME and DBA Jeff Kappler President and CEO 04/01/2024 Professional Pipe Services, Inc. COSTS AND PAYMENTS (please complete and return with the submittal) PAYMENT TERMS & OPTIONS: Vendors must choose an option, if a box is not checked, the City will default to 0% - net 45 days: ____ Contractor offers a prompt payment discount of either ______% - 30 days or 0% 45 days - to apply after receipt of invoice or final acceptance of the products (invoice approval), whichever date is later, starts the 30 days. If no prompt payment discount is offered, the default is 0%, net 45 days; effective after receipt of invoice or final acceptance of the products, whichever is later. Payment terms offering a discount will not be considered in the price evaluation of your offer. ____ Contractor may be paid immediately upon invoice approval, if enrollment is made to the checking this box, the vendor accepts transaction costs charged by their merchant bank and agrees not to transfer to the City those extra charges. The City will not pay an increase in our services for the SUA charges; if an audit uncovers an upcharge for the SUA charges the vendor will owe the City all costs. The vendor may opt-out of the SUA program once, but then may not rejoin during the same contract term. For more information about the SUA program or to enroll, send email to mailbox.sua@phoenix.gov. Page of 1 Page of 1 EMERGENCY 24-HOUR SERVICE CONTACT (please complete and return with the submittal) Contact Name: __________________________________________________ Telephone Number: __________________________________________________ Alternate Contact: __________________________________________________ Telephone Number: __________________________________________________ Ryan Robinson, Branch Manager 602-872-6708 Adam Guerry, Superintendent 480-601-0818 Page of 1 CONTRACTOR LICENSING REQUIREMENTS (please complete and return with the submittal) Offeror shall comply with all statutes and rules of the State of Arizona and the Registrar of Contractors. In accordance with A.R.S. § 32-1151, and unless otherwise exempted by A.R.S. § 32-1121, Offeror shall have the correct class of license as required by the Registrar of Contractors for the work specified, at the time of offer submission. Offeror certifies possession of the following license: Lice Class License Number. Expiration Date _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ Professional Pipe Services, Inc. A-12 Sewers Drains and Pipe Laying 175953 06/30/2024 Page of 1 CONTRACTOR INFORMATION (please complete and return with the submittal) Company Name Street/Mailing Address City, State, Zip Code Contact Person Telephone Number Email Address Arizona Sales Tax No. City of Phoenix Sales Tax No. Arizona Corporation Commission File No. No. _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ Professional Pipe Services, Inc. 10297 W. Van Buren St., Suite 20 Tolleson, AZ 85353 Ryan Robinson 602-872-6708 rrobinson@pro-pipe.com 07286993 07286993 F00312422 IV0000000116 Page of 1 PLACE OF BUSINESS (please complete and return with the submittal) and handling costs. If additional service locations are available or if different from the address in the Offer Section, enter below: __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ Phoenix, AZ Address 10297 W. Van Buren St., Suite 20, Tolleson, AZ 85353 Tucson, AZ Address: 4761 N. Highway Drive, Tucson, AZ 85705 Pomona, CA Address: 3531 Pomona Blvd., Pomona, CA 91786 ACCEPTANCE OF OFFER The Offer is hereby accepted. The Contractor is now bound to sell the material(s) or service(s) listed by the attached contract and based upon the solicitation, including all terms, conditions, specifications, amendments, etc. This contract shall henceforth be referred to as Contract No. ____________. The Contractor has been cautioned not to commence any billable work or provide any material or service under this contract until Contractor receives purchase order, or contract documentation. CITY OF PHOENIX A Municipal Corporation Jeffrey Barton, City Manager _________________________________ Director or delegate: Title: Department Attest: __________________________________ this da City Clerk Approved as to form this 19th day of January 2017. This document has been approved as to form by the City Attorney and is on file with the City Clerk. It need not be submitted to the City Attorney for approval unless the form document is altered. Page 1 of 1 Troy Hayes Water Services Water Services Director LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND PROFESSIONAL PIPE SERVICES, INC. EXHIBIT B Scope of Work Contractor will provide scheduled and emergency cleaning and debris removal of sanitary sewers and storm drain systems. Other required services include Closed-Circuit Television (CCTV) inspections of small and large diameter sanitary sewer pipes, manhole inspections, lift station wet well cleaning, 3D optical pipeline scanning, 3D optical manhole scanning, laser/sonar profiling, and related services as described in Exhibit A on an as-needed basis to the City. LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND PROFESSIONAL PIPE SERVICES, INC. EXHIBIT C METHOD AND AMOUNT OF COMPENSATION The method and amount of compensation will be based on the Sewer and Storm Drain Cleaning and Inspection Services Contract No. 160835--0. NOT TO EXCEED AMOUNT The total amount of compensation paid to Contractor for full completion of all work required by the Statement of Work must not exceed $800,000 for the entire term of the Agreement. DETAILED PROJECT COMPENSATION Standard and emergency inspection services, cleaning of sewer pipes, specialty and digital imaging inspection service, and storm drain inspection service.