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CONTRACT MARICOPA COUNTY WEATHERIZATION ASSISTANCE
PROGRAM 200166-RFP
This contract is entered into this 10th day of June 2020 by and between Maricopa County (“County”), a
political subdivision of the State of Arizona, and FSL Home Improvements an Arizona corporation
(“Contractor”) for the Weatherization Program.
1.0
CONTRACT TERM
1.1
This contract is for a term of three years, beginning on the 1st day of July 2020 and ending
the 30th day of June 2023.
2.0
OPTION TO RENEW
The County may, at its option and with the concurrence of the Contractor, renew the term of this
contract up to a maximum of two additional year(s), (or at the County’s sole discretion, extend the
contract on a month-to-month basis for a maximum of six months after expiration). The Contractor
shall be notified in writing by the Office of Procurement Services of the County’s intention to renew
the contract term at least 60 calendar days prior to the expiration of the original contract term.
3.0
CONTRACT COMPLETION
In preparation for contract completion, the Contractor shall make all reasonable efforts for an
orderly transition of its duties and responsibilities to another provider and/or to the County. This
may include, but is not limited to, preparation of a transition plan and cooperation with the County
or other providers in the transition. The transition includes the transfer of all records and other data
in the possession, custody, or control of the Contractor that are required to be provided to the
County either by the terms of this agreement or as a matter of law. The provisions of this clause
shall survive the expiration or termination of this agreement.
4.0
PRICE ADJUSTMENTS
Any requests for reasonable price adjustments must be submitted 60 calendar days prior to
contract expiration. Requests for adjustment in cost of labor and/or materials must be supported
by appropriate documentation. The reasonableness of the request will be determined by comparing
the request with the Consumer Price Index or by performing a market survey. If County agrees to
the adjusted price terms, County shall issue written approval of the change and provide an updated
version of the contract. The new change shall not be in effect until the date stipulated on the
updated version of the contract.
5.0
PAYMENTS
5.1
As consideration for performance of the duties described herein, County shall pay
Contractor the sum(s) stated in Exhibit A. – Vendor Information and Pricing.
5.2
Payment shall be made upon the County’s receipt of a properly completed invoice.
SERIAL 200166-RFP
5.3
INVOICES
5.3.1
The Contractor shall submit one legible copy of their detailed invoice before
payment(s) will be made. Incomplete invoices will not be processed. At a minimum,
the invoice must provide the following information:
•
Company name, address, and contact information
•
County bill-to name and contact information
•
Contract serial number
•
County purchase order number
•
Project name and/or number
•
Invoice number and date
•
Payment terms
•
Date of service or delivery
•
Quantity
•
Contract item number(s)
•
Description of purchase (product or services)
•
Pricing per unit of purchase
•
Total amount due
5.3.2
Problems regarding billing or invoicing shall be directed to the department as listed
on the purchase order.
5.3.3
Payment shall only be made to the Contractor by Accounts Payable through the
Maricopa County Vendor Express Payment Program. This is an Electronic Funds
Transfer (EFT) process. After contract award, the Contractor shall complete the
Vendor Registration Form located on the County Department of Finance Vendor
Registration Web Site https://www.maricopa.gov/5169/Vendor-Information.
5.3.4
EFT payments to the routing and account numbers designated by the Contractor
shall include the details on the specific invoices that the payment covers. The
Contractor is required to discuss remittance delivery capabilities with their
designated financial institution for access to those details.
5.4
APPLICABLE TAXES
5.4.1
It is the responsibility of the Contractor to determine any and all applicable taxes
and include those taxes in their proposal. The legal liability to remit the tax is on
the entity conducting business in Arizona. Tax is not a determining factor in
contract award.
5.4.2
The County 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 County
provide Contractor any advice or guidance regarding taxes. If you have questions
regarding your tax liability, seek advice from a tax professional prior to submitting
your bid. You may also find information at https://www.azdor.gov/Business.aspx.
Once your bid is submitted, the offer is valid for the time specified in this solicitation,
regardless of mistake or omission of tax liability. If the County finds overpayment
of a project due to tax consideration that was not due, the Contractor will be liable
to the County for that amount, and by contracting with the County agrees to remit
any overpayments back to the County for miscalculations on taxes included in a
bid price.
5.4.3
Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State,
and local taxes applicable to their operation and any persons employed by the
Contractor. Contractor shall, and require all subcontractors to, hold Maricopa
County 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,
SERIAL 200166-RFP
unemployment compensation insurance, Social Security, and Workers’
Compensation. Contractor may be required to establish, to the satisfaction of
County, 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).
6.0
AVAILABILITY OF FUNDS
6.1
The provisions of this contract relating to payment for services shall become effective when
funds assigned for the purpose of compensating the Contractor as herein provided are
actually available to County for disbursement. The County shall be the sole judge and
authority in determining the availability of funds under this contract. County shall keep the
Contractor fully informed as to the availability of funds.
6.2
If any action is taken by, any State agency, Federal department, or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in
connection with, this contract, County may amend, suspend, decrease, or terminate its
obligations under, or in connection with, this contract. In the event of termination, County
shall be liable for payment only for services rendered prior to the effective date of the
termination, provided that such services are performed in accordance with the provisions
of this contract. County shall give written notice of the effective date of any suspension,
amendment, or termination under this section, at least 10 days in advance.
7.0
STRATEGIC ALLIANCE for VOLUME EXPENDITURES (SAVE)
The County is a member of the SAVE cooperative purchasing group. SAVE includes the State of
Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts.
Under the SAVE Cooperative Purchasing Agreement, and with the concurrence of the successful
respondent under this solicitation, a member of SAVE may access a contract resulting from a
solicitation issued by the County. If you do not want to grant such access to a member of SAVE,
state so in your bid. In the absence of a statement to the contrary, the County will assume that you
do wish to grant access to any contract that may result from this bid. The County assumes no
responsibility for any purchases by using entities.
8.0
INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPAs)
County currently holds ICPAs with numerous governmental entities. These agreements allow those
entities, with the approval of the Contractor, to purchase their requirements under the terms and
conditions of the County contract. It is the responsibility of the non-County government entity to
perform its own due diligence on the acceptability of the contract under its applicable procurement
rules, processes, and procedures. Certain governmental agencies may not require an ICPA and
may utilize this contract if it meets their individual requirements. Other governmental agencies may
enter into a separate Statement of Work with the Contractor to meet their own requirements. The
County is not a party to any uses of this contract by other governmental entities.
9.0
DUTIES
9.1
The Contractor shall perform all duties stated in Exhibit B – Scope of Work, or as otherwise
directed in writing by the procurement officer.
10.0
TERMS AND CONDITIONS
10.1
INDEMNIFICATION
10.1.1 To the fullest extent permitted by law, and to the extent that claims, damages,
losses, or expenses are not covered and paid by insurance purchased by the
Contractor, the Contractor shall defend, indemnify, and hold harmless the County
(as “Owner”), its agents, representatives, officers, directors, officials, and
employees from and against all claims, damages, losses, and expenses (including,
SERIAL 200166-RFP
but not limited to attorneys' fees, court costs, expert witness fees, and the costs
and attorneys' fees for appellate proceedings) arising out of, or alleged to have
resulted from, the negligent acts, errors, omissions, or mistakes relating to the
performance of this contract.
10.1.2 Contractor's duty to defend, indemnify, and hold harmless the County, its agents,
representatives, officers, directors, officials, and employees shall arise in
connection with any claim, damage, loss, or expense that is attributable to bodily
injury, sickness, disease, death, or injury to, impairment of, or destruction of
tangible property, including loss of use resulting therefrom, caused by negligent
acts, errors, omissions, or mistakes in the performance of this contract, but only to
the extent caused by the negligent acts or omissions of the Contractor, a
subcontractor, anyone directly or indirectly employed by them, or anyone for
whose acts they may be liable, regardless of whether or not such claim, damage,
loss, or expense is caused in part by a party indemnified hereunder.
10.1.3 The amount and type of insurance coverage requirements set forth herein will in
no way be construed as limiting the scope of the indemnity in this section.
10.1.4 The scope of this indemnification does not extend to the sole negligence of County.
11.3
INSURANCE
11.3.1 Contractor, at Contractor’s own expense, shall purchase and maintain, at a
minimum, the herein stipulated insurance from a company or companies duly
licensed by the State of Arizona and possessing an AM Best, Inc. category rating
of B++. In lieu of State of Arizona licensing, the stipulated insurance may be
purchased from a company or companies, which are authorized to do business in
the State of Arizona, provided that said insurance companies meet the approval of
County. The form of any insurance policies and forms must be acceptable to
County.
11.3.2 All insurance required herein shall be maintained in full force and effect until all
work or service required to be performed under the terms of the contract is
satisfactorily completed and formally accepted. Failure to do so may, at the sole
discretion of County, constitute a material breach of this contract.
11.3.3 In the event that the insurance required is written on a claims-made basis,
Contractor warrants that any retroactive date under the policy shall precede the
effective date of this contract and either continuous coverage will be maintained,
or an extended discovery period will be exercised for a period of two years
beginning at the time work under this contract is completed.
11.3.4 Contractor’s insurance shall be primary insurance as respects County, and any
insurance or self-insurance maintained by County shall not contribute to it.
11.3.5 Any failure to comply with the claim reporting provisions of the insurance policies
or any breach of an insurance policy warranty shall not affect the County’s right to
coverage afforded under the insurance policies.
11.3.6 The insurance policies may provide coverage that contains deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shall not be
applicable with respect to the coverage provided to County under such policies.
Contractor shall be solely responsible for the deductible and/or self-insured
retention and County, at its option, may require Contractor to secure payment of
such deductibles or self-insured retentions by a surety bond or an irrevocable and
unconditional letter of credit.
SERIAL 200166-RFP
11.3.7 The insurance policies required by this contract, except Workers’ Compensation
and Errors and Omissions, shall name County, its agents, representatives, officers,
directors, officials, and employees as additional insureds.
11.3.8 The policies required hereunder, except Workers’ Compensation and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation)
against County, its agents, representatives, officers, directors, officials, and
employees for any claims arising out of Contractor’s work or service.
11.3.9 If available, the insurance policies required by this contract may be combined with
Commercial Umbrella Insurance policies to meet the minimum limit requirements.
If a Commercial Umbrella insurance policy is utilized to meet insurance
requirements, the Certificate of Insurance shall indicate which lines the
Commercial Umbrella Insurance covers.
11.3.9.1 Commercial General Liability
Commercial General Liability (CGL) insurance and, if necessary,
Commercial Umbrella insurance with a limit of not less than $2,000,000
for each occurrence, $4,000,000 Products/Completed Operations
Aggregate, and $4,000,000 General Aggregate Limit. The policy shall
include coverage for premises liability, bodily injury, broad form property
damage, personal injury, products and completed operations and
blanket contractual coverage, and shall not contain any provisions which
would serve to limit third party action over claims. There shall be no
endorsement or modifications of the CGL limiting the scope of coverage
for liability arising from explosion, collapse, or underground property
damage.
11.3.9.2 Workers’ Compensation
11.3.9.2.1 Workers’ Compensation insurance to cover obligations
imposed by Federal and State statutes having jurisdiction of
Contractor’s employees engaged in the performance of the
work or services under this contract; and Employer’s
Liability insurance of not less than $1,000,000 for each
accident, $1,000,000 disease for each employee, and
$1,000,000 disease policy limit.
11.3.9.2.2 Contractor, its subcontractors, and sub-subcontractors
waive all rights against this contract and its agents, officers,
directors, and employees for recovery of damages to the
extent these damages are covered by the Workers’
Compensation and Employer’s Liability or Commercial
Umbrella Liability insurance obtained by Contractor, its
subcontractors, and its sub-subcontractors pursuant to this
contract.
11.3.9.3 Errors and Omissions/Professional Liability Insurance
Contractor shall maintain Professional Liability insurance which will
provide coverage for any and all acts arising out of the work or services
performed by the contractor under the terms of this contract, with a limit
of not less than $2,000,000 for each claim, and $4,000,000 aggregate
claims.
SERIAL 200166-RFP
11.3.9.4 Environmental/Pollution
Contractor shall maintain Commercial General Liability Insurance (CGL)
and, if necessary, Commercial Umbrella Insurance with a limit of not less
than
$2,000,000
for
each
occurrence
with
a
$4,000,000
Products/Completed Operations Aggregate and a $4,000,000 General
Aggregate Limit. The policy shall include coverage for bodily injury,
broad form property damage, personal injury, products and completed
operations, environmental and pollution damage, and blanket
contractual coverage including, but not limited to, the liability assumed
under the indemnification provisions of this contract.
11.3.10 Certificates of Insurance:
11.3.10.1 Prior to contract award, Contractor shall furnish the County with valid
and complete Certificates of Insurance, or formal endorsements as
required by the contract in the form provided by the County, issued by
Contractor’s insurer(s), as evidence that policies providing the required
coverage, conditions and limits required by this contract are in full force
and effect. Such certificates shall identify this contract number and title.
11.3.10.2 In the event any insurance policy(ies) required by this contract is (are)
written on a claims-made basis, coverage shall extend for two years past
completion and acceptance of Contractor’s work or services and as
evidenced by annual certificates of insurance.
11.3.10.3 If a policy does expire during the life of the Contract, a renewal certificate
must be sent to County 15 calendar days prior to the expiration date.
11.3.11 Cancellation and Expiration Notice:
Applicable to all insurance policies required within the insurance requirements of
this contract, Contractor’s insurance shall not be permitted to expire, be
suspended, be canceled, or be materially changed for any reason without 30 days
prior written notice to Maricopa County. Contractor must provide to Maricopa
County, within two business days of receipt, if they receive notice of a policy that
has been or will be suspended, canceled, materially changed for any reason, has
expired, or will be expiring. Such notice shall be sent directly to Maricopa County
Office of Procurement Services and shall be mailed, or hand delivered to
160 S. 4th Avenue, Phoenix, AZ 85003, or emailed to the procurement officer noted
in the solicitation.
11.4
FORCE MAJEURE
11.4.1 Neither party shall be liable for failure of performance, nor incur any liability to the
other party on account of any loss or damage resulting from any delay or failure to
perform all or any part of this contract, if such delay or failure is caused by events,
occurrences, or causes beyond the reasonable control and without negligence of
the parties. Such events, occurrences, or causes will include acts of God/nature
(including fire, flood, earthquake, storm, hurricane, or other natural disaster), war,
invasion, act of foreign enemies, hostilities (whether war is declared or not), civil
war, riots, rebellion, revolution, insurrection, military or usurped power or
confiscation, terrorist activities, nationalization, government sanction, lockout,
blockage, embargo, labor dispute, strike, and interruption or failure of electricity or
telecommunication service.
SERIAL 200166-RFP
11.4.2 Each party, as applicable, shall give the other party notice of its inability to perform
and particulars in reasonable detail of the cause of the inability. Each party must
use best efforts to remedy the situation and remove, as soon as practicable, the
cause of its inability to perform or comply.
11.4.3 The party asserting Force Majeure as a cause for non-performance shall have the
burden of proving that reasonable steps were taken to minimize delay or damages
caused by foreseeable events, that all non-excused obligations were substantially
fulfilled, and that the other party was timely notified of the likelihood or actual
occurrence which would justify such an assertion, so that other prudent
precautions could be contemplated.
11.5
ORDERING AUTHORITY
Any request for purchase shall be accompanied by a valid purchase order issued by a
County department or directed by a Certified Agency Procurement Aid (CAPA) with a
purchase card for payment.
11.6
PROCUREMENT CARD ORDERING CAPABILITY
County may opt to use a procurement card (Visa or Master Card) to make payment for
orders under this contract.
11.7
NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION
This contract does not guarantee any minimum or maximum purchases will be made.
Orders will only be placed under this contract when the County identifies a need and proper
authorization and documentation have been approved.
11.8
PURCHASE ORDERS
11.8.1 County reserves the right to cancel purchase orders within a reasonable period of
time after issuance. Should a purchase order be canceled, the County agrees to
reimburse the Contractor for actual and documentable costs incurred by the
Contractor in response to the purchase order. The County will not reimburse the
Contractor for any costs incurred after receipt of County notice of cancellation, or
for lost profits, or for shipment of product prior to issuance of purchase order.
11.8.2 Contractors agree to accept verbal notification of cancellation of purchase orders
from the County procurement officer with written notification to follow. Contractor
specifically acknowledges to be bound by this cancellation policy.
11.9
BACKGROUND CHECK
Respondents may be required to pass multiple background checks (e.g. Sheriff’s Office,
County Attorney's Office, Courts, as well as Maricopa County general government) to
determine if the respondent is acceptable to do business with the County. This applies to,
but is not limited to, the company, subcontractors, and employees, and the failure to pass
these checks shall deem the respondent non-responsible.
11.10
SUSPENSION OF WORK
The procurement officer may order the Contractor, in writing, to suspend, delay, or interrupt
all or any part of the work of this contract for the period of time that the procurement officer
determines appropriate for the convenience of the County. No adjustment shall be made
under this clause for any suspension, delay, or interruption to the extent that performance
would have been so suspended, delayed, or interrupted by any other cause, including the
fault or negligence of the Contractor. No request for adjustment under this clause shall be
granted unless the claim, in an amount stated, is asserted in writing as soon as practicable
SERIAL 200166-RFP
after the termination of the suspension, delay, or interruption, but not later than the date of
final payment under the contract.
11.11
STOP WORK ORDER
11.11.1 The procurement officer may, at any time, by written order to the Contractor,
require the Contractor to stop all, or any part, of the work called for by this contract
for a period of 90 calendar days after the order is delivered to the Contractor, and
for any further period to which the parties may agree. The order shall be specifically
identified as a stop work order issued under this clause. Upon receipt of the order,
the Contractor shall immediately comply with its terms and take all reasonable
steps to minimize the incurrence of costs allocable to the work covered by the order
during the period of work stoppage. Within a period of 90 calendar days after a
stop work order is delivered to the Contractor, or within any extension of that period
to which the parties shall have agreed, the procurement officer shall either:
11.11.1.1
cancel the stop work order; or
11.11.1.2
terminate the work covered by the order as provided in the
Termination for Default or the Termination for Convenience clause of
this contract.
11.11.1.3
The procurement officer may make an equitable adjustment in the
delivery schedule and/or contract price, and the contract shall be
modified, in writing, accordingly, if the Contractor demonstrates that
the stop work order resulted in an increase in costs to the Contractor
11.12
TERMINATION FOR CONVENIENCE
Maricopa County may terminate the resultant contract for convenience by providing 60
calendar days advance notice to the Contractor.
11.13
TERMINATION FOR DEFAULT
11.13.1 The County may, by written Notice of Default to the Contractor, terminate this
contract in whole or in part if the Contractor fails to:
11.13.1.1
deliver the supplies or to perform the services within the time specified
in this contract or any extension;
11.13.1.2
make progress, so as to endanger performance of this contract; or
11.13.1.3
perform any of the other provisions of this contract.
11.13.2 The County’s right to terminate this contract under these subparagraphs may be
exercised if the Contractor does not cure such failure within 10 business days (or
more if authorized in writing by the County) after receipt of a Notice to Cure from
the procurement officer specifying the failure.
11.14
PERFORMANCE
It shall be the Contractor’s responsibility to meet the proposed performance requirements.
Maricopa County reserves the right to obtain services on the open market in the event the
Contractor fails to perform, and any price differential will be charged against the Contractor.
11.15
CONTRACTOR EMPLOYEE MANAGEMENT
11.15.1 Contractor shall endeavor to maintain the personnel proposed in their proposal
throughout the performance of this contract.
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11.15.2 If Contractor personnel’s employment status changes, Contractor shall provide
County a list of proposed replacements with equivalent or greater experience.
11.15.3 Under no circumstances shall the implementation schedule to be impacted by a
personnel change on the part of the Contractor.
11.15.4 Contractor shall not reassign any key personnel identified in their proposal without
the express consent of the County.
11.15.5 County reserves the right to immediately remove from its premises any Contractor
personnel it determines to be a risk to County operations.
11.15.6 County reserves the right to request the replacement of any Contractor personnel
at any time, for any reason.
11.16
WARRANTY OF SERVICES
11.16.1 The Contractor warrants that all services provided hereunder will conform to the
requirements of the contract, including all descriptions, specifications and
attachments made a part of this contract. County’s acceptance of services or
goods provided by the Contractor shall not relieve the Contractor from its
obligations under this warranty.
11.16.2 In addition to its other remedies, County may, at the Contractor's expense, require
prompt correction of any services failing to meet the Contractor's warranty herein.
Services corrected by the Contractor shall be subject to all the provisions of this
contract in the manner and to the same extent as services originally furnished
hereunder.
11.17
INSPECTION OF SERVICES
11.17.1 The Contractor shall provide and maintain an inspection system acceptable to
County covering the services under this contract. Complete records of all
inspection work performed by the Contractor shall be maintained and made
available to County during contract performance and for as long afterwards as the
contract requires.
11.17.2 County has the right to inspect and test all services called for by the contract, to
the extent practicable at all times and places during the term of the contract.
County shall perform inspections and tests in a manner that will not unduly delay
the work.
11.17.3 If any of the services do not conform to contract requirements, County may require
the Contractor to perform the services again in conformity with contract
requirements, at no cost to the County. When the defects in services cannot be
corrected by re-performance, County may:
11.17.3.1 require the Contractor to take necessary action to ensure that future
performance conforms to contract requirements; and
11.17.3.2 reduce the contract price to reflect the reduced value of the services
performed.
11.17.4 If the Contractor fails to promptly perform the services again or to take the
necessary action to ensure future performance in conformity with contract
requirements, County may:
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11.17.4.1 by contract or otherwise, perform the services and charge to the
Contractor, through direct billing or through payment reduction, any cost
incurred by County that is directly related to the performance of such
service; or
11.17.4.2 terminate the contract for default.
11.18
USAGE REPORT
The Contractor shall furnish the County a usage report, upon request, delineating the
acquisition activity governed by the contract. The format of the report shall be approved by
the County and shall disclose the quantity and dollar value of each contract item by
individual unit of measure.
11.19
STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Notice is given that, pursuant to A.R.S. § 38-511, the County may cancel any contract
without penalty or further obligation within three years after execution of the contract, if any
person significantly involved in initiating, negotiating, securing, drafting, or creating the
contract on behalf of the County is at any time, while the contract or any extension of the
contract is in effect, an employee or agent of any other party to the contract in any capacity
or consultant to any other party of the contract with respect to the subject matter of the
contract. Additionally, pursuant to A.R.S. § 38-511, the County may recoup any fee or
commission paid or due to any person significantly involved in initiating, negotiating,
securing, drafting, or creating the contract on behalf of the County from any other party to
the contract arising as the result of the contract.
11.20
OFFSET FOR DAMAGES
In addition to all other remedies at Law or Equity, the County may offset from any money
due to the Contractor any amounts Contractor owes to the County for damages resulting
from breach or deficiencies in performance of the contract.
11.21
SUBCONTRACTING
11.21.1 The Contractor may not assign to another Contractor or subcontract to another
party for performance of the terms and conditions hereof without the written
consent of the County. All correspondence authorizing subcontracting must
reference the bid serial number and identify the job or project.
11.21.2 The subcontractor’s rate for the job shall not exceed that of the prime Contractor’s
rate, as bid in the pricing section, unless the prime Contractor is willing to absorb
any higher rates. The subcontractor’s invoice shall be invoiced directly to the prime
Contractor, who in turn shall pass-through the costs to the County, without mark-
up. A copy of the subcontractor’s invoice must accompany the prime Contractor’s
invoice.
11.22
AMENDMENTS
All amendments to this contract shall be in writing and approved/signed by both parties.
Maricopa County Office of Procurement Services shall be responsible for approving all
amendments for Maricopa County.
11.23
ADDITIONS/DELETIONS OF REQUIREMENTS
The County reserves the right to add and/or delete materials and services to a contract. If
a service requirement is deleted, payment to the Contractor will be reduced proportionately,
to the amount of service reduced in accordance with the bid price. If additional materials
SERIAL 200166-RFP
or services are required from a contract, prices for such additions will be negotiated
between the Contractor and the County.
11.24
RIGHTS IN DATA
11.24.1 The County shall have the use of data and reports resulting from a contract without
additional cost or other restriction except as may be established by law or
applicable regulation. Each party shall supply to the other party, upon request, any
available information that is relevant to a contract and to the performance
thereunder.
11.24.2 Data, records, reports, and all other information generated for the County by a third
party as the result of a contract are the property of the County and shall be provided
in a format designated by the County or shall be and remain accessible to the
County into perpetuity.
11.25
ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW
11.25.1 In accordance with Section MC1-374 of the Maricopa County Procurement Code,
the Contractor agrees to retain (physical or digital copies of) all books, records,
accounts, statements, reports, files, and other records and back-up documentation
relevant to this contract for six years after final payment or until after the resolution
of any audit questions, which could be more than six years, whichever is longest.
The County, Federal or State auditors and any other persons duly authorized by
the department shall have full access to and the right to examine, copy, and make
use of, any and all said materials.
11.25.2 If the Contractor’s books, records, accounts, statements, reports, files, and other
records and back-up documentation relevant to this contract are not sufficient to
support and document that requested services were provided, the Contractor shall
reimburse Maricopa County for the services not so adequately supported and
documented.
11.26
AUDIT DISALLOWANCES
If at any time it is determined by the County that a cost for which payment has been made
is a disallowed cost, the County shall notify the Contractor in writing of the disallowance.
The course of action to address the disallowance shall be at sole discretion of the County,
and may include either an adjustment to future invoices, request for credit, request for a
check, or a deduction from current invoices submitted by the Contractor equal to the
amount of the disallowance, or to require reimbursement forthwith of the disallowed amount
by the Contractor by issuing a check payable to Maricopa County.
11.27
STRICT COMPLIANCE
Acceptance by County of a performance that is not in strict compliance with the terms of
the contract shall not be deemed to be a waiver of strict compliance with respect to all other
terms of the contract.
11.28
VALIDITY
The invalidity, in whole or in part, of any provision of this contract shall not void or affect
the validity of any other provision of the contract.
11.29
SEVERABILITY
The removal, in whole or in part, of any provision of this contract shall not void or affect the
validity of any other provision of this contract.
SERIAL 200166-RFP
11.30
RELATIONSHIPS
11.30.1 In the performance of the services described herein, the Contractor shall act solely
as an independent Contractor, and nothing herein or implied herein shall at any
time be construed as to create the relationship of employer and employee, co-
employee, partnership, principal and agent, or joint venture between the County
and the Contractor.
11.30.2 The County reserves the right of final approval on proposed staff. Also, upon
request by the County, the Contractor will be required to remove any employees
working on County projects and substitute personnel based on the discretion of
the County within two business days, unless previously approved by the County.
11.31
NON-DISCRIMINATION
Contractor agrees to comply with all provisions and requirements of Arizona Executive
Order 2009-09, including flow down of all provisions and requirements to any
subcontractors. Executive Order 2009-09 supersedes Executive Order 99-4 and amends
Executive Order 75-5 and is hereby incorporated into this contract as if set forth in full
herein. During the performance of this contract, Contractor shall not discriminate against
any employee, client, or any other individual in any way because of that person’s age, race,
creed, color, religion, sex, disability, or national origin. (Arizona Executive Order 2009-09
can
be
downloaded
from
the
Arizona
Memory
Project
at
http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1.)
11.32
WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01
If vendor engages in for-profit activity and has 10 or more employees, and if this agreement
has a value of $100,000 or more, vendor certifies it is not currently engaged in, and agrees
for the duration of this agreement to not engage in, a boycott of goods or services from
Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a
regulation issued pursuant to 50 U.S.C. § 4842.
11.33
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
11.33.1 The undersigned (authorized official signing on behalf of the Contractor) certifies
to the best of his or her knowledge and belief that the Contractor, its current
officers, and directors:
11.33.1.1 are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from being awarded any
contract or grant by any United States department or agency or any
state, or local jurisdiction;
11.33.1.2 have not within a three-year period preceding this contract:
11.33.1.2.1 been convicted of fraud or any criminal offense in
connection with obtaining, attempting to obtain, or as the
result of performing a government entity (Federal, State or
local) transaction or contract; or
11.33.1.2.2 been convicted of violation of any Federal or State antitrust
statutes or conviction for embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property regarding a
government entity transaction or contract;
11.33.1.3 are not presently indicted or criminally charged by a government entity
(Federal, State or local) with commission of any criminal offenses in
SERIAL 200166-RFP
connection with obtaining, attempting to obtain, or as the result of
performing a government entity public (Federal, State or local)
transaction or contract;
11.33.1.4 are not presently facing any civil charges from any governmental entity
regarding obtaining, attempting to obtain, or from performing any
governmental entity contract or other transaction; and
11.33.1.5 have not within a three-year period preceding this contract had any
public transaction (Federal, State or local) terminated for cause or
default.
11.33.2 If any of the above circumstances described in the paragraph are applicable to the
entity submitting a bid for this requirement, include with your bid an explanation of
the matter including any final resolution.
11.33.3 The Contractor shall include, without modification, this clause in all lower tier
covered transactions (i.e. transactions with subcontractors or sub-subcontractors)
and in all solicitations for lower tier covered transactions related to this contract. If
this clause is applicable to a subcontractor or sub-subcontractor, the Contractor
shall include the information required by this clause with their bid.
11.34
VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS
11.34.1 By entering into the contract, the Contractor warrants compliance with the
Immigration and Nationality Act (INA using E-Verify) and all other Federal
immigration laws and regulations related to the immigration status of its employees
and A.R.S. § 23-214(A). The Contractor shall obtain statements from its
subcontractors certifying compliance and shall furnish the statements to the
procurement officer upon request. These warranties shall remain in effect through
the term of the contract. The Contractor and its subcontractors shall also maintain
Employment Eligibility Verification forms (I-9) as required by the Immigration Reform
and Control Act of 1986, as amended from time to time, for all employees performing
work under the contract and verify employee compliance using the E-Verify system
and shall keep a record of the verification for the duration of the employee’s
employment or at least three years, whichever is longer. I-9 forms are available for
download at www.uscis.gov.
11.34.2 The County retains the legal right to inspect documents of Contractor and
subcontractor employees performing work under this contract to verify compliance
with paragraph 11.34.1 of this section. Contractor and subcontractor shall be given
reasonable notice of the County’s intent to inspect and shall make the documents
available at the time and date specified. Should the County suspect or find that the
Contractor or any of its subcontractors are not in compliance, the County will
consider this a material breach of the contract and may pursue any and all remedies
allowed by law, including, but not limited to: suspension of work, termination of the
contract for default, and suspension and/or debarment of the Contractor. All costs
necessary to verify compliance are the responsibility of the Contractor.
11.35
CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
11.35.1 The parties agree that this contract and employees working on this contract will be
subject to the Contractor employee whistleblower protections established by Title
41 U.S.C. § 4712 and Section 3.908 of the Federal Acquisition Regulation.
11.35.2 Contractor shall inform its employees in writing, in the predominant language of
the workforce, of employee whistleblower rights and protections under 41 U.S.C.
SERIAL 200166-RFP
§ 4712, as described in Section 3.908 of the Federal Acquisition Regulation.
Documentation of such employee notification must be kept on file by Contractor
and copies provided to County upon request.
11.35.3 Contractor shall insert the substance of this clause, including this paragraph, in all
subcontracts over the simplified acquisition threshold ($250,000 as of fiscal year
2018).
11.36
CONTRACTOR LICENSE REQUIREMENT
11.36.1 The Contractor shall procure all permits, insurance, and licenses, and pay the
charges and fees necessary and incidental to the lawful conduct of his/her
business, and as necessary complete any requirements, by any and all
governmental or non-governmental entities as mandated to maintain compliance
with and remain in good standing. The Contractor shall keep fully informed of
existing and future trade or industry requirements, and Federal, State, and local
laws, ordinances, and regulations which in any manner affect the fulfillment of a
contract and shall comply with the same. Contractor shall immediately notify both
Office of Procurement Services and the department of any and all changes
concerning permits, insurance, or licenses.
11.37
INFLUENCE
11.37.1 As prescribed in MC1-1203 of the Maricopa County Procurement Code, any effort
to influence an employee or agent to breach the Maricopa County Ethical Code of
Conduct or any ethical conduct, may be grounds for disbarment or suspension
under MC1-902.
11.37.2 An attempt to influence includes, but is not limited to:
11.37.2.1 A person offering or providing a gratuity, gift, tip, present, donation,
money, entertainment or educational passes or tickets, or any type of
valuable contribution or subsidy that is offered or given with the intent to
influence a decision, obtain a contract, garner favorable treatment, or
gain favorable consideration of any kind.
11.37.3 If a person attempts to influence any employee or agent of Maricopa County, the
chief procurement officer, or his designee, reserves the right to seek any remedy
provided by the Maricopa County Procurement Code, any remedy in equity or in
the law, or any remedy provided by this contract.
11.38
CONFIDENTIAL INFORMATION
11.38.1 Any information obtained in the course of performing this contract may include
information that is proprietary or confidential to the County. This provision
establishes the Contractor’s obligation regarding such information.
11.38.2 The Contractor shall establish and maintain procedures and controls that are
adequate to assure that no information contained in its records and/or obtained
from the County or from others in carrying out its functions (services) under the
contract shall be used by or disclosed by it, its agents, officers, or employees,
except as required to efficiently perform duties under the contract. The Contractor’s
procedures and controls, at a minimum, must be the same procedures and controls
it uses to protect its own proprietary or confidential information. If, at any time
during the duration of the contract, the County determines that the procedures and
controls in place are not adequate, the Contractor shall institute any new and/or
additional measures requested by the County within 15 business days of the
written request to do so.
SERIAL 200166-RFP
11.38.3 Any requests to the Contractor for County proprietary or confidential information
shall be referred to the County for review and approval, prior to any dissemination.
11.43
PUBLIC RECORDS
Under Arizona law, all offers submitted and opened are public records and must be
retained by the County at the Maricopa County Office of Procurement Services. Offers shall
be open to public inspection and copying after contract award and execution, except for
such offers or sections thereof determined to contain proprietary or confidential information
by the Office of Procurement Services. If an offeror believes that information in its offer or
any resulting contract should not be released in response to a public record request, under
Arizona law, the offeror shall indicate the specific information deemed confidential or
proprietary and submit a statement with its offer detailing the reasons that the information
should not be disclosed. Such reasons shall include the specific harm or prejudice which
may arise from disclosure. The records manager of the Office of Procurement Services
shall determine whether the identified information is confidential pursuant to the Maricopa
County Procurement Code.
11.44
INTEGRATION
This contract represents the entire and integrated agreement between the parties and
supersedes
all
prior
negotiations,
proposals,
communications,
understandings,
representations, or agreements, whether oral or written, expressed, or implied.
11.45
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this contract, the Contractor agrees to comply with all applicable provisions
of
Title
2,
Subtitle
A,
Chapter
II,
Part
200—UNIFORM
ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS contained in Title 2 C.F.R. § 200 et seq.
11.46
GOVERNING LAW
This contract shall be governed by the laws of the State of Arizona. Venue for any actions
or lawsuits involving this contract will be in Maricopa County Superior Court, Phoenix,
Arizona.
11.47
PRICES
Contractor warrants that prices extended to County under this contract are no higher than
those paid by any other customer for these or similar services.
11.48
ORDER OF PRECEDENCE
In the event of a conflict in the provisions of this contract and Contractor’s license
agreement, if applicable, the terms of this contract shall prevail.
11.49
INCORPORATION OF DOCUMENTS
11.49.1 The following are to be attached to and made part of this Contract:
11.49.1.1 Exhibit A – Vendor Information and Pricing
11.49.1.2 Exhibit B – Scope of Work
SERIAL 200166-RFP
11.50
NOTICES
All notices given pursuant to the terms of this contract shall be addressed to:
For County:
Maricopa County
Office of Procurement Services
160 S. 4th Avenue
Phoenix, Arizona 85003-1647
For Contractor:
FSL Home Improvements
1201 E. Thomas Road
Phoenix, AZ 85014
11.51
INQUIRIES
11.51.1 Inquiries concerning information herein must be submitted via BidSync using the
“Questions and Answers” link.
11.51.2 Administrative telephone/email inquiries shall be addressed to:
IRMA GUZMAN, PROCUREMENT OFFICER
TELEPHONE: (602) 506-8715
IRMA.GUZMAN@maricopa.gov
11.51.3 Inquiries may be submitted by telephone but must be followed up in writing. No
oral communication is binding on Maricopa County.
SERIAL 200166-RFP
Exhibit A - Vendor Information and Pricing
COMPANY NAME:
FSL Home Improvements
DOING BUSINESS AS (dba):
MAILING ADDRESS:
1201 E Thomas Rd. Phoenix, AZ 85014
REMIT TO ADDRESS:
TELPHONE NUMBER:
602-285-1800
FAX NUMBER:
602-297-1857
WWW ADDRESS:
www.fsl.org
REPRESENTATIVE NAME:
Katie Martin
REPRESENTATIVE TELEPHONE NUMBER:
602-285-0505 ext 543
REPRESENTATIVE EMAIL ADDRESS
kmartin@fsl.org
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
ACH
NET 0 DAYS
SERIAL 200166-RFP
Exhibit A – Fee Schedule
All prices include all costs for delivery and installation as defined in the Scope of Work (SOW) taking into
account the requirements of the Arizona Weatherization Program. These requirements can be found at:
1. Arizona Weatherization Field Guide, https://swbstc.org/resources/az-field-guide
2. Arizona State Plan, https://housing.az.gov/sites/default/files/documents/files/FY2019-
WAP- Plan-Health-Safety-Plan-FINAL-approved-6-24-19.pdf
3. Standard Work Specifications, https://sws.nrel.gov/
All materials used in provision of services must meet or exceed 10 CFR 440 Appendix A: “Standards
for Weatherization Services.”
Contractor is responsible for leaving the job site clean, hauling away existing materials and all replaced
appliances and for properly disposing of existing materials and appliances to meet EPA regulations.
Contractor will be required to certify with each invoice submitted that the refrigerator was disposed
of properly and in accordance with the DOE requirements and EPA regulations.
Prices shall include all applicable taxes.
Project Commencement and completion must be accomplished within 30 working days of receipt
of notice to proceed.
Please list the manufacturer brand name and model to be used.
NOTE: All appliances shall be Energy Star or comparable, where applicable
Change orders will be considered for unique situations on projects. A change order form provided by
Maricopa County, will be submitted for review and approval by the County prior to any work being done.
Any costs associated with charges orders not approved will not be paid. The approved change order form
must be submitted with monthly project billings and a copy placed in the file.
Scope of Work - Appliances
Price
Include delivery, set up, installation, removal of existing appliance, and administrative cost in
pricing estimates.
ITEM 1: Refrigerators
Unit Price
15/16 cu. ft
990.00
18 cu. ft.
925.00
21 cu. ft.
1020.00
25/26 cu. ft., side by side
1575.00
25 cu. ft., freezer bottom
2300.00
SERIAL 200166-RFP
ITEM 2: RANGES
Unit Price
30” gas range
835.00
Gas cooktop
840.00
Electric cooktop - smooth
760.00
30” Electric range smooth top
750.00
Electric wall oven – double
2220.00
Electric wall oven- single
1500.00
Electric range chord kit
40.00
Gas range flex kit & shut off valve
55.00
Above range microwave oven
290.00
Microwave oven
290.00
Electric wall oven with microwave on top
2500.00
ITEM 3: WASHERS/DRYERS
Unit Price
Top load washer
870.00
Dryer to match – electric
870.00
Dryer to match – gas
975.00
Stackable washer and dryer – electric
2100.00
Stackable washer and dryer – gas
2250.00
Electric chord dryer kit
30.00
Gas dryer flex kit
40.00
Stackable washer and dryer kit
55.00
ITEM 4: MISCELLANEOUS COSTS
Unit Price
Delivery, installation, and recycle charge
50.00
Special installation/modification charge
150.00
SERIAL 200166-RFP
DUCT SEALING
Contractor is responsible for providing duct sealing measures in accordance with National Renewable
Energy Laboratory (NREL) Standard Work Specifications (SWS) or other state directed minimum standards
designed to ensure the health and safety of the occupants while improving energy efficiency. Refer to the
SWS from the Department of Energy (DOE) at https://sws.nrel.gov/Under Air Sealing Ductwork Subtopic
3.1602 and sequential subtopics.
All work to be done utilizing lead-safe work (LSW) practices, when applicable, including a certified lead
renovator to oversee set up, work-in-progress and cleanup, and shall require the LSW forms to be filled out
and signed, and pictures provided showing the work is being done according to practices. Follow EPA Lead
Safe Requirements:
https://www.epa.gov/sites/production/files/documents/steps.pdf
All new whole-house duct system installs will require Manual D. Contractor is responsible to provide the
Manual D report to Maricopa County. Contractors are responsible for properly sizing new ductwork and
ensuring proper airflow to the conditioned space. All duct connections will be sealed when new runs are
installed even if contractor is replacing flex only, and the cost shall be included with prices below for duct
replacement and new ductwork.
ALL new duct runs shall include sealing all the connections.
Scope of Work - Duct Sealing
Include delivery, set up, install and administrative cost
Price
Charge for Manual D
220.00
Duct Sealing
Properly seal entire duct run from start to termination,
to include boot to drywall and all accessible
connections
Includes seal
plenum/elbow and
transition/cap end of trunk
1170.00
Seal platform/cavity return with duct board and mastic
293.00
Seal Mobile Home Duct Complete
Single trunk
Includes capping ends of
trunk
460.00
Double trunk
Includes capping ends of
trunk
715.00
Pressure Relief
Price
One-bedroom jumper
500.00
Each additional room - jumper
350.00
Pass thru per room 20”x10”
Recommend bar faced style
195.00
ITEM 1: New flex return per drop price includes can, collar, bar faced filter grill, duct run, and sealing at
both ends
Description and Scope of Work
Unit Price
a.
14”
490.00
b.
16”
520.00
c.
18”
565.00
d.
20”
700.00
SERIAL 200166-RFP
ITEM 2: New flex supply per drop price includes can, collar, bar faced grill, duct run, and sealing at both
ends
Description and Scope of Work
Unit Price
a.
6”
325.00
b.
8”
350.00
c.
10”
365.00
d.
12”
375.00
e.
14”
400.00
ITEM 3: Replace existing flex run (includes sealing at both ends)
$Per Bag (25 ft) R-8
Description and Scope of Work
Unit Price
a.
6”
240.00
b.
8”
260.00
c.
10”
265.00
d.
12”
275.00
e.
14”
295.00
f.
16”
400.00
g.
18”
450.00
h.
20”
500.00
ITEM 4: Register replacements. All supply registers to be bar faced (except for mobile home floor
registers) and price includes boot to drywall or floor sealing.
Description and Scope of Work
Unit Price
a.
Floor registers - (10x4)
60.00
d.
12x12 Supply grill
110.00
e.
14x14 Supply grill
120.00
f.
20x20 Return grill
225.00
g.
20x25 Return grill
235.00
h.
20x30 Return grill
250.00
i.
20x40 Return grill
265.00
ITEM 5: Lead-home management fee
Description and Scope of Work
Unit Price
To include recordkeeping checklist, pictures of
containment, work in progress and clean up, signed off by
certified renovator
300.00
ITEM 6: Mobil home flex additional cost
200.00
Description and Scope of Work
Unit Price
a.
New sealed and insulated mixing (PBX) box
350.00
b.
Remove evap and ductwork, cap, and seal
500.00
c.
Modify attic hatch to accommodate air handler
350.00
SERIAL 200166-RFP
ENVELOPE SEALING SPECIFICATIONS
Estimate to install envelope tightening measures in accordance with federal energy efficiency standards
and installation methods including EPA Lead Safe Work practices (LSW) (if applicable).
All work to be done utilizing LSW, including a certified renovator to oversee set up, work in
progress, and cleanup, shall require the LSW forms to be filled out and signed, and
pictures shall be provided showing the work is being done according to EPA practices
(see Renovation Recordkeeping Checklist):
https://www.epa.gov/sites/production/files/documents/steps.pdf
Contractor is responsible for leaving the job site clean, hauling away existing materials (if
applicable), and for properly disposing of existing materials in such a way as to meet EPA
regulations.
All envelope sealing, where required, will be performed to the SWS, available online at
https://sws.nrel.gov/. Refer to Subtopic 3.1001 and sequential subtopics in Air Sealing.
REPLACEMENT COST: Contractor must include permit fees (if applicable), labor, materials, and tax needed
to complete project:
Glass Replacement
Scope of Work
Sq. Ft. Cost
Glazing window replacement per square foot
40.00
Drywall Replacement (Drywall repairs shall be made ready for texture and paint)
Scope of Work
Sq. Ft. Cost
Drywall replacement per square foot
45.00
Duct board Installation
Scope of Work
Sq. Ft. Cost
Duct board installation per square foot
48.00
Duct board repairs per square foot/not to exceed
800.00
Description and Scope of Work
Unit Price
Lead Home Management Fee
To include recordkeeping checklist, pictures of containment, work
in progress and clean up signed off by Certified Renovator
290.00
SERIAL 200166-RFP
HVAC SPECIFICATIONS
All new HVAC installations are to be performed in accordance with the most recent Universal Mechanical
Code and/or local building code and Arizona Weatherization Standards.
Pictures of HVAC system and/or components to be replaced must be submitted and pictures of the
replacement items must also be submitted with billing.
All permits, when required, will be the responsibility of the contractor to obtain and secure prior to starting
work. Upon completion, the contractor will provide proof of completion and passing inspection before final
payment can be made.
The contractor shall register the new unit, on behalf of the client, and leave all literature on the new units
with the client and shall also inform the client of proper care and maintenance required on the new units
and warranty information. The contractor must leave contractor’s contact information with the client so that
they know who to contact in the event of a warranty issue.
If required by system, all venting and combustion air shall be installed in accordance with American Gas
Association (AGA) and Gas Appliance Manufacturers Association (GAMA) specifications and/or local
building code and Arizona Weatherization Standards. New forced-air gas furnaces shall have pilotless
ignition.
All duct work connections to the new system shall be sealed, on all sides, with a non-toxic, DOE industry
approved, mastic duct sealant applied per manufacturer’s specifications. Refer to the SWS at
https://sws.nrel.gov/ for duct sealing requirements under Subtopic 3.1602 and for HVAC/Heating and
Cooling in Subtopic 5.3003 and sequential subtopics.
All installation estimates shall include removal and proper disposal of existing equipment, capping and
sealing and/ or removal of abandoned ductwork, and recovery of refrigerant from existing system as
required by law. The contractor must retain documentation (for a minimum of five years) that proves that
refrigerant was handled according to EPA standards. Maricopa County retains the right to examine these
documents as necessary.
The contractor is to ensure that all units are properly charged to the manufacturer’s specifications using
superheat/subcooling method. After install and all ductwork is completed, contractor shall measure static
pressure across the coil to ensure proper airflow. The contractor is to verify adequate duct size and proper
air flow within 10 percent to all conditioned spaces.
All work to be done shall utilize LSW, when applicable, including a certified renovator to oversee set up,
work in progress, and cleanup, and shall require the LSW forms to be filled out and signed, and pictures
provided showing the work is being done according to guidelines (see Renovation Recordkeeping
Checklist).
The contractor is responsible for leaving the job site clean, hauling away existing equipment, if applicable,
and for properly disposing of existing equipment in compliance with EPA regulations.
All contractor bid amounts below for installs of package units shall include new elbow or roof curb, t-stat
and stand, disconnect and fuses, breaker, and condensate drain. All installs of gas split systems to include t-
stat, disconnect, fuses, breaker, evap drain pan, flue system, and gas line. All tie–ins to ductwork shall be
sealed with a U.L. approved duct mastic. contractor is to ensure that all units are properly charged to the
manufacturer’s specification. Contractor is responsible for properly sizing unit using a Manual J. Copy of
Manual J and Air-Conditioning Heating and Refrigeration Institute (AHRI) Certificate must be provided to
SERIAL 200166-RFP
Maricopa County upon completion of work and at time of final invoice. Information about AHRI can be found
at their website: www.ahridirectory.org.
Project commencement and completion must be accomplished within 7 working days of
receipt of notice to proceed.
REPLACEMENT COST: Contractor must include costs for labor, tax, and materials to complete project.
Description Of Scope Of Work
Price
ITEM 1
Removal of forced air furnace in closet and evaporative cooler on roof and replacement with new 14-
SEER Gas Pac unit on roof. Price should include sealing existing furnace, capping gas or electric, and
running new gas and electrical lines to roof for the following sizes:
2.0 Ton
6800.00
2.5 Ton
6980.00
3.0 Ton
7200.00
3.5 Ton
7500.00
4.0 Ton
7904.00
5.0 Ton
8528.00
Furnace Only Installed
ITEM 2
Removal of existing system and replace with new 14-SEER package heat pump
2.0 Ton
6448.00
2.5 Ton
6656.00
3.0 Ton
6760.00
3.5 Ton
6864.00
4.0 Ton
7000.00
5.0 Ton
7280.00
ITEM 3
Removal of existing system and replace with new 14-SEER split system heat pump - residential
2.0 Ton
6032.00
2.5 Ton
6270.00
3.0 Ton
6570.00
3.5 Ton
6600.00
4.0 Ton
6700.00
5.0 Ton
6890.00
ITEM 4
Removal of existing system and replace with new 14-SEER split system heat pump - mobile home
(AHRI N/A)
2.0 Ton
6448.00
SERIAL 200166-RFP
2.5 Ton
6604.00
3.0 Ton
6750.00
3.5 Ton
6916.00
4.0 Ton
7300.00
5.0 Ton
7450.00
ITEM 5
Removal of existing system and replace with new 14-SEER split system a/c with gas furnace
2.0 Ton
6500.00
2.5 Ton
6600.00
3.0 Ton
6700.00
3.5 Ton
6900.00
4.0 Ton
7070.00
5.0 Ton
7400.00
ITEM 6
Removal of existing system and replace with new 14-SEER split A/C with mobile home style gas
furnace sealed combustion unit
2.0 Ton
6700.00
2.5 Ton
6800.00
3.0 Ton
7020.00
3.5 Ton
7300.00
4.0 Ton
7760.00
5.0 Ton
7950.00
ITEM 7
Removal of existing system and replace with 14 SEER Gas Pac
2.0 Ton
6552.00
2.5 Ton
6760.00
3.0 Ton
6850.00
3.5 Ton
7200.00
4.0 Ton
7425.00
5.0 Ton
7500.00
CRANE CHARGE
Rate Per Job
230.00
PERMIT FEES
Per Job
364.00
Manual J FEE
Per Job
208.00
SERIAL 200166-RFP
Diagnostic Fee
Charge to diagnose system and provide detailed estimate for repair or
replacement
110.00
New Line Set
Install new Line Set
540.00
New Electrical Run
Install new electrical run to unit
520.00
HVAC REPAIRS
Clean evaporative coil
416.00
Clean condenser coil
208.00
Replace blower motor and capacitor
624.00
Replace condenser motor and capacitor
540.00
Replace capacitor- single
190.00
Replace capacitor- dual
234.00
Replace thermostat
260.00
Replace contactor
208.00
Replace relay
200.00
Replace circuit board
530.00
Replace 3 ton compressor
2100.00
Install hard start kit
200.00
Repair leak (includes recovery and charge)
880.00
Replace fuses
68.00
Replace 40-amp breaker
165.00
Replace disconnect
208.00
Replace gas valve
170.00
Replace gas flex line
112.00
Clean/ tune furnace, adjust burners
312.00
New condenser pad
172.00
Install condensate drain
234.00
Install upper and lower combustion air
312.00
Replace TXV valve (refrigerant not included)
560.00
Install liquid line dryer
140.00
R-22 per pound
125.00
R-410A per pound
78.00
Evaporative cooler - remove and replace small
2600.00
Evaporative cooler - remove and replace large
3120.00
SERIAL 200166-RFP
INSULATION/AIR BARRIER
Estimate cost to insulate in accordance with Arizona Weatherization energy efficiency standards and
installation methods. Insulation must be evenly installed with no voids, gaps, misalignments, or
compression issues. Precautions must be taken when insulating around or on electrical boxes and/or heat
producing fixtures. Proper shielding, if necessary, shall be installed by insulation contractor in order to
properly insulate all areas. The contractor is responsible for air sealing around all accessible existing
penetrations through the air barrier including combustion vents, plumbing vents, and all exposed soffits to
ensure the insulations performance. For attic insulation, all wall cavities and drop downs that are exposed
to attic shall be capped with like material in attic, and insulated over or filled with insulation to assure
insulation is in direct contact with air barrier. The contractor is responsible for installing enough insulation
to guarantee an R-38 value after settling. ALL attic access hatches shall have a gasket installed to ensure
no air leakage, and attic hatches in conditioned space shall have rigid foam secured to hatch to match R
value of insulation installed. All work must be performed in accordance to the SWS from the DOE. Refer to
https://sws.nrel.gov/ under Insulation in Subtopics 4.1006 and sequential subtopics.
All Insulation product must meet or exceed EPA recovered material rule which can be found at
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
All change orders must be approved by County prior to performing additional work.
Insulation amount shall also be identified at nearest or easiest attic access point. After completion, all jobs
will be inspected by the contractor’s auditor to assure quality installation. Complete installation must include
all labor and materials to perform services. The contractor MUST provide details on each invoice listing
actual R-value, type of material used, quantity of material, and square foot covered.
The contractor is responsible for protecting the client’s personal items during insulation (e.g., cover clothing
if accessing the attic in a closet, etc.) and for leaving the job site clean and hauling away job debris.
Project commencement and completion must be accomplished within 30 working days of receipt of notice
to proceed.
The contractor must include permit fees (if applicable), labor, tax, and materials to complete project in the
project cost estimate.
Item #1
Attics: Cellulose
Sq. Ft. Estimate
Install 6” cap
0.95
Install 9” cap
1.33
Install 12” cap
1.62
Item #2
Attics: fiberglass
Sq. Ft. Estimate
Install 5” cap
0.93
Install 11” cap
1.49
Install 13” cap
1.81
SERIAL 200166-RFP
Item #3
Scope of work
Sq. Ft. Estimate
Kneewall: install new fiberglass batts
1.68
Kneewall: re-align existing fiberglass batts
1.35
Re-align fiberglass to attic floor
1.35
Remove insulation from attic to allow for proper insulation
1.00
Item #4
Scope of work
Price per truss
Install baffles for bird blocking
8.00
Item #5
Attics: fiberglass
Sq. Ft. Estimate
Install air barrier (per sq. ft. installed, using duct board or WAP
approved equal)
16.00
Install attic access gasket, dam, and insulate
234.00
Item #6
Scope of work
Sq. Ft. Estimate
Dense pack wall cavity
4.73
Dense pack floor cavity
4.84
Fill soffits with insulation
1.40
Fill abandoned duct trunk with insulation
1.60
Wrap duct in insulation
2.10
Cap up ducts
75.00
Secure wiring connections (enclose in box)
88.00
Install dormer vent or whirly bird
250.00
Under cut doors
56.00
Install cap sheets for can lights
20.00
Cut in new attic hatch on ceiling
390.00
Replace existing attic hatch
54.00
Item #7
Scope of work
Price per unit
Hourly charge to clean out old insulation
104.00
Trip charge
160.00
SERIAL 200166-RFP
MANUFACTURED HOUSING INSULATION
Estimate to insulate manufactured housing in accordance with Arizona Weatherization energy efficiency
standards and installation methods. Insulation must be evenly installed with no voids, gaps, misalignments, or
compression issues. Precautions must be taken when insulating around or on electrical boxes and/or heat
producing fixtures. Proper shielding, if necessary, shall be installed by insulation contractor in order to
properly insulate all areas. The contractor is responsible for air sealing around all accessible existing
penetrations through the air barrier including combustion vents, plumbing vents and all exposed soffits to
ensure the insulations performance. For attic insulation, all wall cavities and drop downs that are exposed to
attic shall be capped and insulated over or filled with insulation to assure insulation is in direct contact with
air barrier.
Because the installation of insulation in manufactured housing relies so heavily on proper air sealing
techniques, any contractor insulating the lid of any mobile home is responsible for insuring that all necessary
prep work, such as air sealing and blocking, is completed to the Standard Work Specifications (SWS) for
manufactured housing specifications. Because of the air sealing, belly patching, and duct sealing involved in
insulating the floor of mobile homes properly, any contractor hired to insulate the floors will be responsible for
the necessary prep work of the floor, rodent barrier and duct sealing before insulation is installed.
Cellulose will not be an acceptable insulation in manufactured housing. Only blown-in fiberglass or
Rockwool is acceptable.
All insulation must be installed in complete contact with a verified air barrier. The air barrier is the surface of
the floor or roof assembly that shows a zonal pressure differential of over 40 Pascal (“Pa”) WRT inside, with
the home WRT outside at a pressure difference of 50 Pa. Included in your bid for the insulation will be the
prep work necessary to verify or create the appropriate air barriers.
All work must be performed in accordance to the Standard Work Specifications from DOE. Refer to
https://sws.nrel.gov/ under Insulation in Subtopic 4.1006 and sequential subtopics.
All Insulation product must meet or exceed EPA recovered material rule which can be found at
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
All change orders must be approved by the County prior to performing additional work.
Insulation amount shall also be identified at nearest or easiest access point. After completion, all jobs will
be inspected by the contractor’s auditor to assure quality installation. Complete installation must include all
labor and materials to perform services. The contractor MUST provide details on each invoice listing actual
R-value, type of material used, quantity of material, and square foot covered.
The contractor is responsible for protecting the client’s personal items during insulation (e.g., cover clothing if
accessing the attic in a closet, etc.) and for leaving the job site clean and hauling away job debris.
The contractor must include permit fees (if applicable) labor, tax, and materials in the project cost estimate.
Below statements assume a 14’ by 70’ mobile home.
Attic insulation can be performed by any of the processes highlighted in the BPI Manufactured Housing
Technical Standards. Attic insulation will include all patching and cool roof coating on metal skinned roofing
over insulated areas of the home.
SERIAL 200166-RFP
Prep work to seal the ceiling/floor plane and protect from insulation entering the living space during
installation will be labeled 1, 2, and 3 based on amount and difficulty of repairs needed.
•
Level 1: Ceiling/floor is very strong, very little to no air sealing, patching or blocking work required
before insulation can be added. Zonal test is very close to or already exceeds 40 Pa.
•
Level 2: Ceiling/floor is strong, moderate air sealing and blocking around heat sources, patching
under sinks and domestic hot water (DHW) systems required. Zonal tests are between 25 Pa and
40 Pa.
•
Level 3: Ceiling/floor are deteriorated but can support fiberglass. Extensive air sealing and blocking
prep work is required before insulation can be added.
Belly insulation will include the price to seal all ductwork around plenums, transitions, boots, end caps, etc.
to prevent insulation from entering duct system. All registers should pressure pan to less than 1.0 Pa before
insulation is installed. Price of insulation will include all patching necessary to the rodent barrier as well as
the floor plane.
Item 1: Belly
Scope of Work
Sq. Ft. Estimate
Bring R-0 to R-15
4.33
Bring R-5 to R-15
4.11
Item 2: Ceiling
Scope of Work
Bring R-0 to R-25
3.64
Bring R-9 to R-25
3.38
Item 3: Ceiling Repair
Scope of Work
Ceiling repair - Patch holes and prep ceiling for insulation
34.00
Item 4: Belly Repair
Scope of Work
Sq. Ft. Estimate
Belly patching and sealing per 100 sq. ft.
3.54
Floor penetration sealing
3.54
Item 5: Miscellaneous
Scope of Work
Button Vents
46.80
Roof Coat single wide
785.00
Roof Coat double wide
1450.00
Scope of Work
Price
Additional Fee’s
Estimator on each job
65.00
Trip Charge for homes greater than 25 miles away from office
185.00
SERIAL 200166-RFP
Miscellaneous Low Cost
SPECIFICATIONS AND RICING
The contractor is responsible for leaving the job site clean and hauling away job debris. All
materials must be UL Listed and approved
REPLACEMENT: The contractor must include permit fees (if applicable), labor, tax, and materials to
complete project when providing cost estimates.
MISC-LOW COST REPAIRS
Scope of Work
Price
ITEM 1: SMOKE DETECTOR
Battery powered smoke alarm
100.00
ITEM 2: CARBON MONOXIDE (CO)
Battery powered CO alarm
100.00
ITEM 3: Smoke/CO combo
Battery powered smoke/CO combo alarm
165.00
ITEM 4: LED Bulbs
Install LED light bulb
5.00
ITEM 5: Air Filters
1 case of 20x30 air filters (12 standard filters)
70.00
ITEM 6: Weather-strip (weather-strip must be push in type or mechanically fastened. No tape
backed)
Install Weather-strip per door price
150.00
ITEM 7: Door sweep
Install Door sweep per door price
80.00
ITEM 8: Paint Elbow
Paint a/c Elbow with white Elastomeric paint
135.00
REPAIRS: Provide labor rate per hour for general repairs.
GENERAL REPAIRS
Labor rate per hour
70.00
On items 1-8 Materials will be reimbursed at actual cost with an allowance for handling cost of
materials at a percentage of actual cost. The contractor will be required to submit the copy of the
actual receipt with all reimbursement requests
Homes less than 1,000 square feet additional charge
SERIAL 200166-RFP
FABRICATION AND INSTALLATION OF SOLAR SUN SCREENS SPECIFICATIONS AND PRICING
Estimate to measure, fabricate and install 80 percent solar sunscreens in accordance with federal energy
efficiency standards. Complete installation must include all labor and materials to perform services. Provide
four standard frame colors to ensure color compatibility of most houses. Screens must be fastened for
quality fit, guaranteed not to fall off. The contractor will honor workmanship.
The contractor is responsible for leaving the job site clean and hauling away job debris.
Project commencement and completion must be accomplished within 14 days working days of notice to
proceed.
The contractor must include permit fees (if applicable) labor, tax and materials to complete project.
Sun (solar) screens
SQ. FT. ESTIMATE
ADDITIONAL CHARGES
6.00
45.00
Handling cost 25 percent of actual materials cost
SERIAL 200166-RFP
MECHANICAL VENTILATION SCOPE SPECIFICATIONS AND PRICING
All ventilation to be installed in accordance with the Standard Work Specification required by DOE and can be
found at https://sws.nrel.gov under Ventilation. Refer to Subtopic 6.6201 and sequential subtopics.
New exhaust fan can be installed in place of existing bath fan or laundry room fan, if room is open to main
body of house, using existing electrical service. The contractor to verify that circuit will not be compromised or
overloaded. New fan must be type that is adjustable speed and continuous with motion sensor or humidity
sensor and a CFM range from 30 to 80 cfm. or 50 to 130 cfm. Noise level (sones) must be less than 1. Fan
must be ducted to outside with shortest possible length, must have functioning damper, and duct should be
hard duct, when possible, insulated and sealed with minimum length and bends. Fan speed adjustment will
be made after final blower door cfm 50 is established. Fan must be able to be turned off by home owner by a
switch or circuit breaker that is labeled. Installed price to include complete ducting to outside, proper
termination housing and functioning damper, and all labor, tax, and materials.
The contractor is responsible for leaving the job site clean, hauling away job debris, and existing equipment (if
applicable) and for properly disposing of existing equipment.
Scope of Work- Ventilation
ITEM 1: Mechanical Ventilation
Price
Install ASHRAE compliant mechanical ventilation as described above and in the current Arizona
Weatherization State Plan and www.sws.nrel.gov and https://nascsp.org/wap/waptac/
30 to 80 cfm
650.00
50 to 130 cfm
850.00
New electrical run
210.00
New Insulated ducting to outside
225.00
ITEM 2: EXISTING SPOT VENTILATION
Clean and seal existing exhaust fan
70.00
ITEM 3: DRYER VENTILATION
Clean out dryer duct to ensure no blockage
110.00
Duct dryer to outside, include termination box with working
flapper
195.00
ITEM 4: DUCT FOR EXISTING VENTILATION
Duct existing exhaust fan to outside
220.00
ITEM 5: RANGE HOOD EXHAUST VENTILATION
Install ducted kitchen exhaust fan/ range hood attached to
existing duct to outside
525.00
ITEM 6: BATHROOM EXHAUST VENTILATION
Install ducted bathroom exhaust fan to existing duct to outside
260.00
SERIAL 200166-RFP
WATER HEATERS SPECIFICATIONS AND PRICING
All new water heater installations and associated work are to be performed in accordance with the most
recent local building codes. All work, when applicable, must comply with standards set forth in the Standard
Work Specifications.
Before and after pictures of water heaters replaced must be submitted with billing.
Specifications required by DOE can be found at https://sws.nrel.gov, under Baseloads Subtopic 7.8102 and
sequential subtopics
Permits, when required, will be the responsibility of the contractor. The contractor shall ensure that
necessary permits have been secured prior to starting work. When a permit is required, proof of permit
approval shall be provided to Maricopa County along with final invoice.
The contractor shall be responsible for ensuring properly sized gas lines, combustion air, venting, pressure
release valves, and proper electrical requirements. The contractor shall leave all literature on the new units
with the client and shall also inform the client of proper care and maintenance required on the new units.
All gas flue systems shall have proper shielding and collars where penetrating ceiling and roof to provide
clearance from combustibles, per code.
All work to be done utilizing LSW, when applicable, including a certified renovator to oversee set up, work in
progress, and cleanup, and shall require the LSW forms to be filled out and signed and pictures provided
showing the work is being done according to guidelines. (See Renovation Recordkeeping Checklist, to be
provided my Maricopa County.)
The contractor is responsible for hauling away existing equipment and for properly disposing of existing
equipment.
REPLACEMENT: The contractor must include permit fees, sales taxes, labor, and materials to complete
project in price estimates.
ITEM 1: GAS WATER HEATER
Price
1.1
30 Gallon
1200.00
1.2
40 Gallon
1145.00
1.3
50 Gallon
1200.00
1.4
Gas Tankless Water Heater
2400.00
ITEM 2: ELECTRIC WATER HEATER
Price
2.1
30 Gallon
1150.00
2.2
40 Gallon
1100.00
2.3
50 Gallon
1200.00
SERIAL 200166-RFP
ice
ice
ITEM 5: SEALED COMBUSTION WATER HEATER
Price
5.1
40 Gallon
3100.00
Upper and lower combustion air
130.00
T & P Drain
100.00
Install exterior shed on pad
500.00
Flue system with appropriate collars for ceiling for ceiling
penetration, clearance from combustibles
135.00
Gas Flex line and shutoff valve
90.00
Water supply lines and ball valve
98.00
Rebuild floor for water heater placement
130.00
Permit fees
130.00
ITEM 6: MISCELLANEOUS
Price
Replace Mobile Home Poly Pipe per Foot
10.00
Insulate Water Heater closet per sq. ft.
7.00
Water heater stand
135.00
Pedestal Repair
156.00
New Drain
98.00
Run new ½ inch gas line per foot
26.00
ITEM 3: MANUFACTURED HOME WATER HEATER
Price
3.1
40 Gallon- Gas
1294.00
3.2
30 Gallon – Gas
1235.00
3.3
30 Gallon – Electric
1294.00
3.4
40 Gallon- Electric
1203.00
3.5
Main Gas Line Shut OFF valve
and flex line
150.00
ITEM 4: HEAT PUMP WATER HEATER COMPLETE
Price
4.1
50 Gallon
2775.00
½ inch Copper
13.00
¾ inch. Copper
18.00
½ inch. PEX
10.00
¾ inch. PEX
15.00
Plumbing Hourly Rate
100.00
Install Dryer Vent Termination Box W/Flapper
195.00
Install Dryer Duct to outside
156.00
Electrical Whip
125.00
Scope of Work - Single Family Home Energy Audit
Price
Home energy audit before and after duct sealing and test out after all
work is completed. Total of three. As defined in the current Arizona
Weatherization State Plan including all required forms. Forms can be
found at: https://housing.az.gov/documents-
links/forms/weatherization
1200.00
Scope of Work – Quality Control Inspection (QCI)
Price
Quality Control Inspectors (QCI)
As defined in the current Arizona Weatherization State Plan
including all required forms. (QCI is required only on projects using
DOE funds only.)
650.00
MISCELLANEOUS COSTS
Scope of Work
Price
Utility Repair, Replacement and Deposit (URRD) ONLY completion
form and photos, time, and travel
150.00
Walkaway (no tests, no audit, pictures only)
350.00
Pest control
300.00
Exhibit B – Scope of Work
1.0
SCOPE OF WORK
1.1
The contractor shall be responsible for program management of home rehabilitation,
nonemergency/emergency repair/replacement and modification activities that are
approved by Maricopa County Human Services/Housing Community Development
(MCHSD/HCD) and performed by subcontractors selected and approved by the contractor.
All home improvements must meet or exceed standards in a manner that is satisfactory to
MCHSD/HCD, the homeowner and consistent with Maricopa County Housing
Rehabilitation Standards.
1.2
The contractor shall be responsible for all work performed by the contractor and/or the
contractor’s approved weatherization subcontractors for the evaluation and installation of
Program performance measures. Contractor is responsible for assigning approved work
activities to approved vendors and ensuring that work activities are carried out by the
contractor or subcontractors as per approved Scope of Work (SOW).
1.3
The contractor will manage all of the Program activities to be made to individual homes,
provide oversight of all construction subcontractors/vendors, and provide timely and
complete invoices to the County. The contractor is not permitted to perform any of the
Program activity measures (for measures, see Exhibit 2 - Allowable Cost by Fund Source
and by Measures).
1.3.1
The Program performance measures must:
1.3.1.1 meet State and/or Federal requirements and restrictions in accordance to
funding regulations; and
1.3.1.2 meet or exceed standards in a manner that is satisfactory to MCHSD/HCD
and the homeowner.
1.3.2
MCHSD/HCD shall receive applications and determine eligibility for services.
Eligibility criteria is determined by funding sources criteria.
1.3.2.1 MCHSD/HCD shall submit client information to the contractor on the need
to conduct home visits for eligible homeowners to determine which
energy measures are required.
1.3.3
Within 30 days of receiving direction from MCHSD/HCD to conduct a home visit,
contractor shall conduct a site visit of client’s home, and complete an energy audit
within 30 days of receiving client information, in accordance to Standard Work
Specifications of Program, further outlined within:
1.3.3.1 Contractor shall identify , if any, appliances in need of repair/replacement.
1.3.4
Within 30 days of completing a site visit of the client’s home, Contractor shall
write Scope of Work (SOW) proposal and submit to MCHSD/HCD for approval.
1.3.4.1 MCHSD/HCD will transmit an electronic authorization to the contractor
for SOW to be performed within 10 business days of receiving the SOW
proposal.
1.3.5
Contractor will assign the SOW to subcontractors to complete. Work must be
completed within 60 days of receipt of the SOW.
1.3.5.1 The contractor will visit the site within 30 days of work completion to
ensure all work has been performed per the approved SOW.
SERIAL# 200166-RFP
1.3.5.2 If work is not completed according to the approved SOW, contractor shall
have 30 additional days to ensure the work is completed according to the
SOW.
1.3.5.3 Contractor shall accept work performed per the approved SOW prior to
requesting reimbursement for the completed work.
1.3.6
Contractor will be responsible for entering diagnostic testing numbers and job cost
totals into the existing designated MCHSD online database within 30 days of final
test-out.
1.3.7
Exceptions to scheduled completion dates due to extraneous circumstances may
be negotiated by the contractor with MCHSD/HCD.
1.3.8
Contractor shall pay weatherization construction subcontractors/vendors only after
accepting completed work activities in accordance with WAP policies and
procedures.
1.3.9
Contractor will submit to MCHSD all final invoices/requests for payment with all
required back-up documentation by the 15th business day of the month following
completion of SOW (excluding State or County observed holidays).
1.3.9.1 MCHSD shall reimburse the contractor based on an approved invoice.
1.4
MINIMUM CONTRACTOR QUALIFICATIONS
1.4.1
The contractor must:
1.4.1.1 Have a current State of Arizona General Contractor License.
1.4.1.2 Be in good standing with the Arizona Registrar of Contractors.
1.4.1.3 Have experience in and have BPI BA and QCI Certifications from Building
Performance Institute (BPI) rules and regulations (www.bpi.org);
1.4.1.4 Have qualified personnel who have current BPI certifications to perform
home inspections to identify:
1.4.1.4.1 health and safety hazards;
1.4.1.4.2 the need for adaptive measures;
1.4.1.4.3 the need for evaluation and installation of energy efficient
performance measures to reduce energy burden; and
1.4.1.4.4 quality of work.
1.4.1.5 Have or must obtain fingerprint clearance card/background check from
the Arizona Department of Public Safety to include:
1.4.1.5.1 The contractor, and staff of sub-contractors/vendors who have
direct contact with the residents in their homes must pass a
Level One background check and receive a Level One
fingerprint clearance card from Arizona Department of Public
Safety.
1.4.1.6 Have experience with accessibility modifications for persons with
disabilities.
1.5
CONTRACTOR’S RESPONSIBILITIES
1.5.1
Contractor shall be responsible for program management of weatherization
activities that are approved by MCHSD/HCD and performed by contractor-
approved
weatherization
construction
subcontractors.
Contractor
and
subcontractors shall adhere to the following regulations, as applicable, which
include, but are not limited to:
SERIAL# 200166-RFP
1.5.1.1 Federal Low-Income Home Energy Assistance Program (LIHEAP)
1.5.1.2 Department of Energy (DOE) Weatherization Assistance Program for
Low-Income Persons (www.energy.gov) and, from the Code of Federal
Regulations, 10 CFR part 440, Weatherization Assistance for Low-
Income Persons:
1.5.1.2.1 Program guidance and memorandums and Weatherization
Program Notices (WPN) (including WPN 15.4), located at
https://www.energy.gov/eere/wipo/weatherization-program-
guidance.
1.5.1.2.2 Standard
Work
Specifications
(SWS),
located
at
https://sws.nrel.gov/
1.5.1.2.3 Inspection requirements by a Certified Quality Control
Inspector (QCI)
1.5.1.3 Arizona
Weatherization
Field
Guide,
located
at:
https://swbstc.org/resources/az-field-guide
1.5.1.4 State of Arizona Weatherization Assistance Program State Plan, located
at
https://housing.az.gov/sites/default/files/documents/files/FY2019-
WAP-Plan-Health-Safety-Plan-FINAL-approved-6-24-19.pdf
1.5.1.4.1 Arizona Field Guide, located at
https://housing.az.gov/sites/default/files/documents/files/Arizo
na%20WAP%20Field%20Guide.pdf
1.5.1.4.2 State Utility, Repair, Replacement, and Deposit Assistance
State Law, A.R.S. § 46-731;
1.5.1.5 Arizona Public Service Energy Wise Low-Income Weatherization
Program Guidelines
1.5.1.6 Salt River Project Weatherization Program Guidelines
1.5.1.7 Southwest Gas Weatherization Program Guidelines
1.5.1.8 Occupational Safety and Health Administration (OSHA)
1.5.1.9 Lead paint and abatement requirements and compliance
1.5.1.10 Asbestos removal and abatement requirements and compliance
1.5.2
Contractor shall have or establish and maintain a list of qualified weatherization
construction contractors/vendors to perform the approved work activities.
Contractor shall ensure that all weatherization construction contractors/vendors on
the qualified vendor list are:
1.5.2.1 licensed for the type of work specified in the SOW;
1.5.2.2 insured for the type of work specified in the SOW;
1.5.2.3 in good standing with the Registrar of Contractors (ROC);
1.5.2.4 in good standing with the Arizona Corporation Commission;
1.5.2.5 background checked including obtaining current fingerprint clearance
cards for individuals working in clients’ homes as indicated in Section 2.3
(Minimum Contractor Qualifications); and
SERIAL# 200166-RFP
1.5.2.6 possess a Dun & Bradstreet (DUNS) number and be in good standing
(not debarred) to receive Federally funded contracts.
1.6
SITE VISITS AND SERVICE DELIVERY PROCESS
1.6.1
Process for services
1.6.1.1 The contractor shall conduct a site visit of clients’ homes and complete
the following:
1.6.1.1.1 Conduct the initial energy audit
1.6.1.1.2 Write a SOW utilizing the house energy modeling program,
REM/Design v15.7 (or most current version approved by
Arizona Department of Housing [ADOH]), as applicable, a cost
estimate, and funding source recommendations
1.6.1.1.3 Submit SOW to MCHSD/HCD for approval
1.6.1.1.4 Schedule and communicate all SOW activities with home owner
1.6.1.1.5 Provide an explanation to homeowner of paperwork related to
anticipated activities
1.6.1.2 The contractor shall conduct a site visit following completion of the SOW
for each client home that requires services be performed:
1.6.1.2.1 Ensure all work is completed per the approved SOW
1.6.1.2.2 Conduct a final energy audit
1.6.1.2.3 Conduct a Quality Control Inspection (QCI)
1.6.1.2.4 Enter diagnostic testing numbers and job cost totals into the
existing designated MCHSD online data base
1.6.1.2.5 Pay contractors/vendors for accepted and completed work
activities
1.6.1.2.6 Submit all invoices/requests for payment to MCHSD, including
all required back-up documentation, by the 15th business day of
the month following completion of services.
1.6.2
Customer Service
1.6.2.1 Customer service is of the utmost importance. The contractor shall
provide training to personnel and all weatherization construction
contractors/vendors on providing quality customer service. MCHSD shall
monitor the contractor’s customer service delivery by conducting periodic
Customer Satisfaction Surveys.
1.6.2.2 The contractor shall communicate with home owners in appropriate
language, culture, and geographic location of the target population.
1.6.3
Weatherization Performance Measures
1.6.3.1 The list of allowable performance measures to be conducted/installed
include, but are not limited to:
1.6.3.1.1
Energy audit
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1.6.3.1.2
Room pressure relief
1.6.3.1.3
Spot ventilation
1.6.3.1.4
Duct sealing
1.6.3.1.5
Duct replacement
1.6.3.1.6
Register replacement
1.6.3.1.7
HVAC repair/replacement
1.6.3.1.8
Evaporative cooler repair/replacement
1.6.3.1.9
Stove repair/replacement
1.6.3.1.10 Refrigerator replacement
1.6.3.1.11 Water heater repair/replacement
1.6.3.1.12 Upper/lower combustion for gas water heater
1.6.3.1.13 Clothes washer/dryer repair/replacement
1.6.3.1.14 Installation of insulation
1.6.3.1.15 Installation of LED bulbs
1.6.3.1.16 Installation of CO/smoke detectors
1.6.3.1.17 Installation of sunscreens
1.6.3.1.18 Low cost/no cost measures
1.6.3.1.19 Quality control inspection (QCI)
1.6.3.2 The contractor shall input details of work performed and complete in the
HSD Online Client Database Input shall include:
1.6.3.2.1
housing characteristics;
1.6.3.2.2
energy audit;
1.6.3.2.3
diagnostics of appliances; and
1.6.3.2.4
work performed.
1.7
CLIENT FILE MAINTENANCE
1.7.1
The contractor will provide complete weatherization files to MCHSD upon
completion of each weatherization job. Each file must include, at minimum:
1.7.1.1 Client file checklist
1.7.1.2 Work performed by funding source (database print-out)
1.7.1.3 Field and/or Health and Safety Waiver Form with REM file (if applicable)
1.7.1.4 Work Agreement/Notice to Proceed
1.7.1.5 Client Health & Safety Evaluation Form
1.7.1.6 Project Activities Scope of Work
1.7.1.7 Scope of Work from each construction contractor
1.7.1.8 Before and after pictures, including pictures of newly installed appliance
serial numbers
1.7.1.9 Invoices/purchase orders for all materials installed
1.7.1.10 Lead-paint notification documentation
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1.7.1.11 Certified renovator or test kit documentation (if applicable)
1.7.1.12 Lead safe weatherization practices if necessary (including pictures)
1.7.1.13 Copy of Lead Renovation, Repair and Painting Rule (RRP) certificate
listing the person who oversaw the work; and Lead- Safe Certified Firm
Certificate (if applicable)
1.7.1.14 Residential Diagnostic Evaluation
1.7.1.15 Progress form
1.7.1.16 Household action plan
1.7.1.17 Statement of Completion
1.7.1.18 Hazard disclosure form
1.7.1.19 QCI inspection form (if applicable)
1.7.1.20 Walk Away Form (if applicable)
1.7.1.21 Refusal for Services Indemnification Waiver (if applicable)
1.7.2
The most recent version of forms can be found at:
https://housing.az.gov/documents-links/forms/weatherization.
1.8
ON-SITE INVESTMENT
1.8.1
The contractor shall ensure that the SOW and funds expended in each home site
shall not exceed the approved caps per funding source.
1.8.2
The contractor shall refer to Allowable Cost by Fund Source and by Measures
document (Exhibit 2) when determining services to be provided and complete the
SOW for activities to be performed in each client’s home.
1.9
PROGRAM MANAGEMENT AND ADMINISTRATION
1.9.1
Performance Standards
1.9.1.1 The contractor shall comply with and meet all performance standards as
established within the contract.
1.9.1.2 Any performance measures and accommodations made by the
contractor that have not been previously approved by MCHSD/HCD will
be considered disallowed costs and will be paid for by the contractor
without reimbursement by MCHSD/HCD.
1.9.2
Financial Records
1.9.2.1 The contractor shall:
1.9.2.1.1 Establish an accounting system and maintain financial records
that comply with the applicable requirements and standards of
2 CFR 200, et seq.
1.9.2.1.2 Adhere to accounting principles and procedures to utilize
adequate internal controls and maintain necessary source
documentation for all costs incurred.
1.9.2.1.3 Adhere to applicable audit requirements as described and in
accordance with 2 CFR 200, et seq.
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1.9.2.1.4 Provide an annual single-audit report or annual audited financial
statements to the County.
1.9.2.1.5 Maintain an accounting system which is consistent and in
accordance with U.S. Generally Accepted Accounting Principles
(GAAP) and which uses fund accounting methods and the
Office of Management and Budget (OMB) Omni-Circular
“Uniform Administrative Requirements, Cost Principles and
Audit” per 2 CFR Part 200. Compliance with these requirements
will be subject to monitoring by the County.
1.9.3
Disclosure
1.9.3.1 The contractor shall ensure that client information collected under the
contract is private and the use or disclosure of such information, when
not directly connected with the administration of the services to be
provided under the contract, is prohibited unless written consent is
obtained from such person receiving service.
1.9.4
Cost Reimbursement
1.9.4.1 The contractor shall be paid on a reimbursement basis for services
performed and work completed at time of billing. Please note that all jobs
must be completed before expenses are claimed to avoid revisions to
claims.
1.9.4.2 The contractor must have enough financial capacity to carry all program
costs on a month-to-month basis.
1.9.4.3 The contractor’s invoice shall include:
1.9.4.3.1 project activities and costs associated with services provided
by weatherization construction contractors/vendors; and
1.9.4.3.2 a per house invoice detailing each measure and the
calculations for measures showing how the cost was achieved.
1.9.4.4 The contractor shall submit a monthly invoice no later than the 15th day
of the month after the project completion date.
1.9.4.5 The County shall reimburse the contractor for all allowable costs
associated with the performance of work and the provision of services
under the contract.
1.9.4.6 Should disallowed costs be identified in an invoice, the following shall
apply:
1.9.4.6.1 The contractor shall be notified and given the opportunity to
submit a revised invoice; or
1.9.4.6.2 the
invoice
will
be
processed
for
payment
without
reimbursement for the disallowed costs.
1.9.4.6.3 If the contractor protests the reimbursement amount or the
reasons for a disallowance, the contractor shall submit a letter
to MCHSD/HCD staff requesting a reevaluation of the submitted
invoice.
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1.9.4.6.4 If the contractor is dissatisfied with the outcome of the invoice
reevaluation, a protest can be submitted to the MCHSD director.
1.9.4.6.5 If the issue is not resolved through communication with the
MCHSD director, the contractor may initiate a dispute in accord
with the Maricopa County Procurement Code dispute
procedures.
1.10
MONITORING
1.10.1
Audits and Inspections
1.10.1.1 All contractor’s records with respect to any matters covered by the
contract shall be made available to the County, their designees, or the
Federal government, at any time during normal business hours, and as
often as the County deems necessary over the course of six years after
completion of the contract, to audit, examine, and make excerpts or
transcripts of all relevant data. Any relevant deficiencies noted in audit
reports must be addressed by the contractor within 45 days after receipt
by the contractor.
1.10.1.1.1 The contractor shall provide MCHSD/HCD access to all client
and financial database(s) for periodic and annual program
and/or fiscal monitoring.
1.10.1.2 Failure of the contractor to comply with the above audit requirements
shall constitute a violation of the contract and may result in the
withholding of future payments.
1.10.1.3 The annual audit requirement is applicable to all levels of funding
received by the contractor via the contract, even if the level of funding is
less than the current thresholds cited in 2 CFR § 200.501.
1.10.1.4 The contractor shall maintain client records for a minimum of six years,
per Maricopa County Records Retention schedule, providing a secure
storage space for confidential documents relating to clients and
personnel. Client files must be kept in a locked file in a secure storage
space.
1.11
RESPONSIBILITY FOR REPAYMENT OF FUNDS
1.11.1
Should a monitoring or audit review result in findings related to funds being paid for
ineligible activities or in amounts above allowable program limits, the contractor shall
be responsible to repay those funds to the County upon written notification by the
MCHSD/HCD assistant director.
1.11.2
The contractor shall not make any payments, either directly or indirectly, to any
person, partnership, corporation, trust, or other organization which has a substantial
interest in contractor's organization or with which contractor (or one of its directors,
officers, owners, trust certificate holders, or a relative thereof) has a substantial
interest, unless the contractor has made full written disclosure to MCHSD/HCD of
the proposed payments and has received prior written approval from MCHSD/HCD.
1.11.3
For purposes of this provision, the terms "substantial interest" and "relative" shall
have the same meanings as in Arizona Revise Statutes (A.R.S.) 38-502.
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1.11.4
Documentation and Record Keeping
1.11.4.1 Records to be maintained – The contractor shall maintain all records
required by the Federal regulations specified in 24 CFR § 92.508 that are
pertinent to the activities to be funded under the contract. Such records
shall include but not be limited to:
1.11.4.1.1 records providing a full description of each project
undertaken and its impact;
1.11.4.1.2 financial records as required by 24 CFR Part 570.502,
2 CFR § 200, et seq.; and
1.11.4.1.3 other records necessary to document compliance with
funding requirements.
1.11.4.2 The contractor shall retain all pertinent books, documents, and papers
that relate to the contract for six years after completion of the contract.
1.12
COMPETITIVE BID REQUIREMENTS
1.12.1
Equipment
1.12.1.1 The contractor shall obtain all equipment to be utilized in the performance
of the contract, and purchase with funds provided under the contract, at the
lowest practical cost, and shall purchase by a system of competitive
bidding as follows (this does not apply to government entities who must
comply with their competitive bid requirements):
1.12.1.1.1 Procurements in excess of $300 but less than $1,000 require
oral price quotations from two or more vendors. A record of
the vendors’ verbal quotations will be maintained by the
contractor. The award shall be made to the lowest bidder
meeting specification requirements concerning price,
conformity to specifications, and other purchasing factors.
1.12.1.1.2 Procurements exceeding an aggregate amount of $1,000
must be approved by MCHSD. At least three bidders shall be
solicited to submit written quotations. The contractor shall
solicit written quotations by issuing a Request for Quotation to
at least three vendors. The award shall be made to the lowest
bidder meeting specification requirements concerning price,
conformity to specifications, and other purchasing factors.
1.12.2
Supplies
1.12.2.1 Contracts with agencies other than a public agency shall obtain all supplies
to be utilized in the performance of this contract. Supplies may be
purchased with funds provided under the contract at the lowest practical
cost, and shall be purchased by a system of written quotes whenever the
price of supplies is greater than $300, unless prior written approval to
purchase by an alternate method is obtained from the MCHSD. (This does
not apply to government entities who must comply with their own
competitive bid requirements.)
1.12.3
Competitive Solicitation Requirements
1.12.3.1 The contractor shall solicit written quotations by issuing a Request for
Quotation to at least three subcontractors and hold pricing for each
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measure for at least a year. The selected vendor that completes the
weatherization job must adhere to the Department of Energy standards
and requirements and must conduct the work within the timeframe
established by the contractor.
1.12.3.2 The contractor must have documentation:
1.12.3.2.1 that pricing was competitively solicited by trade including
weatherization measures (i.e. plumbing, electrical etc.) for
materials and services; and
1.12.3.2.2 that at least three bidders were solicited to submit written
quotations either by measure or by general contractor that
included all measures sub contracted.
1.13
PROPERTY
1.13.1
Any property furnished or purchased by the contractor (e.g. vehicles, equipment,
etc.) pursuant to the terms of the contract shall be utilized, maintained, repaired, and
accounted for in accordance with instructions furnished by Maricopa County, and
shall revert to Maricopa County upon termination of the contract, or otherwise be
disposed of in accordance with instructions issued by the MCHSD.
1.13.2
Repair costs of such property are the responsibility of the contractor within the limits
budgeted herein. Repair costs beyond the budgeted amount are subject to approval
by the MCHSD.
1.13.3
All equipment purchased with MCHSD funds shall be inventoried on an annual basis
for the life of the property.
1.14
SUBCONTRACTING
1.14.1
Provided the contractor so specifies, subcontracting is allowable for weatherization
activities, with the exception of the pre and post energy audit and the QCI
inspection.
1.14.2
Subcontractors must be licensed contractors and have demonstrable experience
in:
1.14.2.1 Building science
1.14.2.2 Energy efficiency standards
1.14.2.3 Lead-Safe weatherization practices
1.14.2.4 DOE standard work specification
1.14.2.5 Construction
1.14.2.6 Energy retrofits