CITY OF PHOENIX€¦ · (Professional Services) Street Transportation Department RFP 63-0022 Requested Service: CITY OF PHOENIX ENERGY SAVING STREET LIGHT CONVERSION PROJECT Proposal

CITY OF PHOENIX

REQUEST FOR PROPOSAL (“RFP”) (Professional Services)

Street Transportation Department

RFP 63-0022

Requested Service: CITY OF PHOENIX

ENERGY SAVING STREET LIGHT CONVERSION PROJECT

Proposal due Date and Time:

11:00 a.m. Mountain Standard Time Wednesday, June 1, 2016

Proposal Submittal Location:

STREET TRANSPORTATION DEPARTMENT 200 W. WASHINGTON, 5TH FLOOR PHOENIX, AZ 85003

Non-Mandatory Pre-Proposal Conference

Friday, April 29, 2016 9:30 a.m. Calvin Goode Building, 10th Floor 251 W. Washington (directly across from Phoenix City Hall Bldg.)

CONTRACT REPRESENTATIVE Charlene Reynolds Street Transportation Deputy Director [email protected] (602) 262-6450

i

Contents

I. INTRODUCTION

A. SCHEDULE OF EVENTS: ............................................................................ 2

II. SOLICITATION TRANSPARENCY POLICY .......................................................... 4

III. PROJECT OBJECTIVES: ....................................................................................... 6

A. INTRODUCTIONS ........................................................................................ 5 B. OBJECTIVES ............................................................................................... 5

IV. INSTRUCTIONS TO PROPOSERS………………………………………………....….7 A. INTRODUCTION: ......................................................................................... 7 B. DEFINITIONS OF KEY WORDS USED IN THE SOLICITATION: ................ 7 C. PRE-PROPOSAL CONFERENCE: .............................................................. 8 D. PROPOSER INQUIRIES: ............................................................................. 8 E. AMENDMENT OF REQUEST FOR PROPOSAL: ........................................ 8 F. FAMILIARIZATION OF SCOPE OF WORK: ................................................. 9 G. PREPARATION OF PROPOSAL: ................................................................ 9 H. PROPOSAL FORMAT: ............................................................................... 10 I. REQUEST TO MODIFY THE CONTRACT PROVISIONS: ........................ 10 J. PUBLIC RECORD: ..................................................................................... 11 K. CONFIDENTIAL INFORMATION: .............................................................. 11 L. CERTIFICATION: ....................................................................................... 11 M. SUBMISSION OF PROPOSAL: .................................................................. 11 N. LATE PROPOSALS: ................................................................................... 12 O. NON-RESPONSIVE PROPOSALS: ........................................................... 12 P. RESPONSIVE PROPOSALS: .................................................................... 13 Q. COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY: ............... 14 R. OFFER AND ACCEPTANCE PERIOD: ...................................................... 14 S. DISCUSSIONS: .......................................................................................... 14 T. WITHDRAWAL OF OFFER: ....................................................................... 15 U. PROPOSAL RESULTS: .............................................................................. 15 V. EVALUATION CRITERIA: .......................................................................... 15 W. CITY’S RIGHT TO DISQUALIFY FOR CONFLICT OF INTEREST: ........... 15 X. AWARD: ..................................................................................................... 15 Y. EMPLOYEE IDENTIFICATION: .................................................................. 16 Z. PERFORMANCE BOND: ............................................................................ 16

V. EVALUATION REQUIREMENTS ......................................................................... 17 A. PROPOSER’S EXPERIENCE AND QUALIFICATIONS ............................. 22

1. Business History: ............................................................................. 17 2. Key Personnel: ................................................................................. 17 3. Adverse Actions/Potential Impact:.................................................... 17 4. Government/Corporate Experience: ................................................. 18 5. Sample Projects: .............................................................................. 18 6. Customer References: ..................................................................... 18

ii

7. Other Relevant Information: ............................................................. 18 8. Financing Experiment: ............................................................................ 18 B. METHOD OF APPROACH: ........................................................................ 19

1. Milestones: ....................................................................................... 19 2. Work Schedule: ................................................................................ 19 3. Customer Service - Availability......................................................... 19 4. Customer Service – Office Resources: ............................................ 19 5. Sample Reports: .............................................................................. 20 6. Technology: ..................................................................................... 20 7. Budget Controls: .............................................................................. 20

C. SCHEDULE: ............................................................................................... 20 D. PRICE PROPOSAL: ................................................................................... 20 E. GENERAL: .................................................................................................. 21

1. Shortlist: ........................................................................................... 21 2. Interviews/Demonstrations: .............................................................. 21 3. Additional Investigations: ................................................................. 21

4. Prior Experience: .............................................................................. 21 5. Overall Evaluation of the Proposal Response: ................................. 21 6. Required Agreements: ..................................................................... 22

F. BEST AND FINAL OFFERS: ..................................................................... 22

VI. PROTEST PROCESS ........................................................................................... 25

VII. SPECIAL TERMS AND CONDITIONS ................................................................. 27

A. METHOD OF INVOICING: .......................................................................... 27 B. METHOD OF PAYMENT: ........................................................................... 27 C. INDEMNIFICATION: ................................................................................... 27 D. INSURANCE REQUIREMENTS ................................................................ 28

1. Minimum Scope and Limits Of Insurance: ........................................ 28 a. Commercial General Liability – Occurrence Form ..................... 28

b. Worker's Compensation and Employers' Liability ...................... 28 c. Professional Liability (Errors and Omissions Liability) ................ 29

2. Additional Insurance Requirements: ................................................ 29 3. Notice of Cancellation: ..................................................................... 29 4. Acceptability of Insurers: .................................................................. 30 5. Verification of Coverage: .................................................................. 30

6. Subcontractors: ................................................................................ 30 E. OPTION TO EXTEND: ................................................................................ 31 F. PERFORMANCE INTERFERENCE: .......................................................... 31 G. CONTRACTOR'S PERFORMANCE: .......................................................... 31 H. EMPLOYEE IDENTIFICATION AND ACCESS: ......................................... 31 I. ACCOUNT STAFFING: .............................................................................. 32 J. TIME IS OF THE ESSENCE: ...................................................................... 32 K. CONTRACTOR AND SUBCONTRACTOR WORKER BACKGROUND

SCREENING .............................................................................................. 32 1. Contract Worker Background Screening: ......................................... 32

2. Background Screening Requirements and Criteria: ......................... 33

iii

a. Minimum Risk and Background Screening (“Minimum Risk”). ... 33 b. Standard Risk and Background Screening (“Standard Risk”). ... 33 c. Maximum Risk and Background Screening (“Maximum Risk”). . 33

3. Contractor Certification; City Approval of Maximum Risk Background Screening: ........................................................................................ 34

4. Terms of this Section Applicable to all of Contractor’s Contracts and Subcontracts: ................................................................................... 34

5. Materiality of Background Screening Requirements; Indemnity: ...... 34 6. Continuing Duty; Audit: .................................................................... 35

L. CONTRACT WORKER ACCESS CONTROLS, BADGE AND KEY ACCESS REQUIREMENTS: ...................................................................................... 35 1. Badge Access Procedures: .............................................................. 35

2. Key Access Procedures: .................................................................. 36 3. Stolen or Lost Badges or Keys: ........................................................ 36 4. Return of Badges or Keys: ............................................................... 36 5. Contractor’s Default; Liquidated Damages; Reservation of Remedies

for Material Breach: .......................................................................... 36 6. Badge and Key Fees: 37

M. COOPERATIVE PURCHASING: 38

VIII. STANDARD TERMS AND CONDITIONS ............................................................. 39

A. DEFINITIONS: ............................................................................................ 40 B. CONTRACT INTERPRETATION: ............................................................... 42

1. Applicable Law: ................................................................................ 42 2. Implied Contract Terms: ................................................................... 42

3. Contract Order of Precedence: ........................................................ 42

4. Severability: ..................................................................................... 42 5. Non-Waiver of Liability: .................................................................... 42 6. Parol Evidence: ................................................................................ 43

C. CONTRACT ADMINISTRATION AND OPERATION: ................................. 43 1. Records: ........................................................................................... 43

2. Confidentiality and Data Security: .................................................... 43 3. Equal Employment Opportunity:....................................................... 44 4. Licenses and Permits: ...................................................................... 46 5. Advertising: ...................................................................................... 46

6. Exclusive Possession: ...................................................................... 46 7. Health, Environmental and Safety Requirements:............................ 47 8. Compliance with Laws: .................................................................... 47

9. Continuation During Disputes:.......................................................... 47 10. Strict Performance: .......................................................................... 47 11. Legal Worker Requirements: ........................................................... 47 12. Lawful Presence Requirement: ........................................................ 48

D. COSTS AND PAYMENTS: ......................................................................... 48 1. Commencement of Work: ................................................................ 48 2. Payment Deduction Offset Provision: ............................................... 48

3. Late Submission of Claim By Contractor: ......................................... 48

iv

4. No Advance Payments: .................................................................... 49 5. Fund Appropriation Contingency: ..................................................... 49 6. IRS W9 Form: .................................................................................. 49

E. CONTRACT CHANGES: ............................................................................ 49 1. Contract Amendments: .................................................................... 49

2. Assignment – Delegation: ................................................................ 49 3. Non-Exclusive Contract: ................................................................... 50 4. Authorized Changes: ........................................................................ 50

F. RISK OF LOSS AND LIABILITY: ................................................................ 50 1. Title and Risk of Loss: ...................................................................... 50

2. Acceptance: ..................................................................................... 50 3. Indemnification – Patent, Copyright and Trademark: ....................... 50

4. Force Majeure: ................................................................................. 51 5. Organization – Employment Disclaimer: .......................................... 51 6. Loss of Materials: ............................................................................. 52 7. Damage to City Property: ................................................................. 52

G. WARRANTIES: ........................................................................................... 52 1. Quality: ............................................................................................. 52 2. Responsibility for Correction: ........................................................... 52

3. Liens: ............................................................................................... 53 4. Professional Responsibility: ............................................................. 53

H. CITY’S CONTRACTUAL RIGHTS: ............................................................. 53 1. Right to Assurance: .......................................................................... 53 2. Non-Exclusive Remedies: ................................................................ 53

3. Default: ............................................................................................. 53

4. Covenant Against Contingent Fees: ................................................. 53 5. Cost Justification: ............................................................................. 54

I. CONTRACT TERMINATION: ..................................................................... 54 1. Gratuities: ......................................................................................... 54 2. Conditions and Causes For Termination: ......................................... 54

3. Contract Cancellation: ...................................................................... 55

IX. PROPOSER OFFER AND SUBMITTAL (COMPLETE AND RETURN) ............... 56

A. PRICING COMPONENT: ............................................................................ 57 B. TECHNICAL COMPONENT: ...................................................................... 58 C. OFFER AND ACCEPTANCE: ..................................................................... 59 D. TO THE CITY OF PHOENIX: ..................................................................... 60 E. SOLICITATION RESPONSE CHECK LIST ................................................ 60

X. CAPITAL PURCHASE .......................................................................................... 69 A. INTRODUCTION ........................................................................................ 70 B. PROJECT REQUIREMENT ........................................................................ 70 C. LED LUMINAIRE TECHNICAL SPECIFICATIONS .................................... 72 D. LUMINAIRE PERFORMANCE REQUIREMENTS ...................................... 76 E. LUMINAIRE EVALUATION CRITERIA ....................................................... 81 F. MINIMUM REQUIREMENTS FOR PROPOSED LED LUMINARES .......... 77

v

G. EXISTING INVENTORY ............................................................................ 80 H. EVALUATION PROCESS .......................................................................... 80

XI. ENERGY SERVICE CONTRACT MODEL .......................................................... 86 A. INTRODUCTION ....................................................................................... 87 B. LED LUMINAIRE TECHNICAL SPECIFICATIONS ................................... 85 C. LUMINAIRE PERFORMANCE SPECIFICATIONS ................................... 90 D. LUMINAIRE EVALUATION CRITERIA ...................................................... 94 E. MINIMUM REQUIRED SUBMITALS FOR PROPOSED LED LUMINAIRES .. 94

F. DEVELOPMENTOF BASELINE COST ..................................................... 98 G. ADDITIONAL INSTALLATION REQUIREMENTS ..................................... 99 H. EVALUATION PROCESS AND SPECIAL INSTRUCTION ...................... 102 I. EVALUATION CRITERIA AND FORMAT ................................................ 102

XII. OTHER FINANCING OPTIONS ......................................................................... 105 A. EVALUATION REQUIREMENTS ........................................................... 106 B. EVALUATION CRITERIA AND FORMAT .............................................. 106

I - INTRODUCTION

1

I. INTRODUCTION The City of Phoenix, Street Transportation Department invites proposals for an Energy Saving Street Light Conversion Project for up to 100,000 street lights (including those at intersections). Proposers will be required to submit costs at the 2,700K, 3,000K, 3,500K, and 4000K (Kelvin) temperature levels. The street light project shall be completed over a 12-24 month period commencing on or about the first quarter of 2017. Respondents to this Request for Proposals (RFP) process shall submit one or more proposals for this project under the offers of 1) A Capital Equipment Purchase by the City, 2) Energy Services Contract Model, and or 3) Project Financing Only. Each submittal shall be provided to the City in a separate sealed envelope and must be clearly marked as to the type of offer that is contained within. Proposers shall not submit combined offers for this project and will adhere to the written instructions, specifications, and provisions for each offer as contained within this document. Through this solicitation process, the City is seeking the most advantageous mechanism to convert its streetlights whether it occurs via a city-financed purchase, shared savings, or another form of financing option. Therefore, the City may make multiple awards related to this project, or cancel any or all parts of this solicitation. The City has begun upgrading a portion of its infrastructure with LED fixtures. The LED luminaires furnished and installed within this project must meet the specifications included in this RFP. The per unit cost for both supply and installation shall be included for each type of fixture identified in the Scope of Work. The City has the option to install up to 100,000 street lights at the same per unit price, if the number of street lights surpassed the 100,000 count Proposer(s) would have the option to reasonably adjust the implementation timeline depending on the variation. Where an endorsement would be needed to fulfill an insurance requirement, a current certificate is acceptable with a statement from a broker or agent that such requirements can be met in the event of contract award.

A response to this solicitation is an offer to contract with the City based upon the terms, conditions, and specifications contained in the City’s RFP. Such a proposal does not become a contract until it is executed by the Department Director. A contract has its inception in the award, eliminating a formal signing of a separate contract.

For this solicitation, the contract representative is: Charlene Reynolds, Street Transportation Deputy Director, [email protected], (602) 262-6450.

mailto:[email protected]

I - INTRODUCTION

2

Interested Proposers may download the complete solicitation and addenda from

https://www.phoenix.gov/solicitations. Internet access is available at all public

libraries.

Any interested Proposers without Internet access may obtain this solicitation by calling (602) 262-6450 or picking up a copy during regular business hours at City of Phoenix, Street Transportation Department, 200 W. Washington, 5th Floor, and Phoenix, AZ 85003.

The City of Phoenix takes no responsibility for informing recipients of changes to the original solicitation document. It is the Proposer’s responsibility to obtain a copy of any amendment relevant to this solicitation. Failure to submit amendments with the solicitation response may be grounds for deeming a submittal non-responsive.

This solicitation is available in large print, Braille, audio tape, or computer diskette. Please call (602) 262-5054/Fax (602) 534-2311 for assistance.

A. SCHEDULE OF EVENTS:

Proposal Issue Date April 25, 2016

Pre-Proposal Meeting (Optional) Friday, April 29, 2016

Proposer’s Written Inquiries Due Monday, May 9, 2016 by 2:00 p.m. (local Phoenix time)

Deadline for Questions Friday, May 13, 2016 by noon (local Phoenix time)

Proposal Due Date Wednesday June 1, 2016, by 11:00 a.m. (local Phoenix time)

Finalist Interviews (If required) On or about July 12, 2016

Best and Final Offers Due (if required)

Wednesday, July 20, 2016

Recommendation for Award On or about August 1, 2016

City Council Approval (Estimated) October 2016

https://www.phoenix.gov/solicitations

I - INTRODUCTION

3

Proposal Submittal Location: City of Phoenix Street Transportation Department 200 W. Washington 5th Floor Phoenix, AZ 85003 Pre-Proposal Meeting: Friday, April 29, 2016 (Optional) 9:30 a.m. City of Phoenix Calvin Goode Building 251 W. Washington 10th Floor Phoenix, AZ 85003 *All questions received by Thursday, April 28, 2016 before noon will be answered at the Pre-Proposal

City reserves the right to change dates and/or locations as necessary.

II – SOLICITATION TRANSPARENCY POLICY

4

II. SOLICITATION TRANSPARENCY POLICY Commencing on the date and time a solicitation is published, potential or actual offerors or respondents(including their representatives) shall only discuss matters associated with the solicitation with the Mayor, any members of City Council, the City Manager, any Deputy City Manager, or any department director directly associated with the solicitation (including in each case their assigned staff, except for the designated procurement officer) at a public meeting, posted under Arizona Statutes, until the resulting contract(s) are awarded to all offers or responses are rejected and the solicitation is cancelled without any announcement by the Procurement Officer of the City’s intent to reissue the same or similar solicitation. As long as the solicitation is not discussed, Offerors may continue to conduct business with the City and discuss business that is unrelated to the solicitation with the City staff who is not involved in the selection process.

Offerors may discuss their proposal or the solicitation with the Mayor or one or more members of the Phoenix City Council, provided such meetings are scheduled through the Procurement Officer conducted in person at 251 West Washington, Phoenix, Arizona, 85003, and are posted as open meetings with the City Clerk at least twenty-four (24) hours prior to the scheduled meetings. The City Clerk will be responsible for posting the meetings. The posted notice shall identify the participants and the subject matter, as well as invite the public to participate.

With respect to the selection of the successful Offerors, the City Manager and/or City Manager's Office will continue the past practice of exerting no undue influence on the process. In all solicitations of bids and proposals, any direction on the selection from the City Manager and/or City Manager's Office and Department Head (or representative) to the proposal review panel or selecting authority must be provided in writing to all prospective offerors. This policy is intended to create a level playing field for all Offerors, assure that contracts are awarded in public, and protect the integrity of the selection process. Offerors that violate this policy shall be disqualified.

III – PROJECT OBJECTIVES

5

III. PROJECT OBJECTIVES: A. INTRODUCTION:

The City has begun upgrading its street lighting system with LED fixtures. The City of Phoenix is soliciting proposals from qualified Contractors to convert existing High Pressure Sodium (HPS) street lights within public rights-of-way to energy efficient LED luminaires or equivalent commencing on or about the first quarter of 2017, and in accordance with the specifications and provisions contained herein. The City would like to receive proposals for street lighting with color temperatures at the 2,700, 3,000, 3,500, and 4,000 Kelvin levels.

Products must meet the specifications contained herein. The per unit cost for both materials and installation is to be included for each type of fixture identified in the Scope of Work. Generally, the existing luminaires are mounted on the mast arm of the City owned street light poles, traffic signal poles, or leased from utility owned poles. The scope of work of this project involves replacement with new LED or equivalent luminaires including all appurtenances to complete and provide the City with a functional turnkey operational system. The project is limited to cobra head and shoebox style street lights and does not include removal and replacement of existing decorative lights in the downtown area. The number of street light luminaires to be converted is estimated at up to 100,000 units.

The work shall comply with the requirements of all the following without limitation, and shall apply to this RFP and any subsequent contract as though incorporated herein by reference:

1. Federal, State, and Local Laws 2. Rules and regulations governing utility districts 3. Rules and regulations of other authorities with jurisdiction over the

procurement of products B. OBJECTIVES:

The City’s objectives for this project include the following goals:

Reducing maximum energy use and annual cost of street lights by converting up to 100,000 existing street lights on arterial, collector and local streets to LED fixtures or equivalent;

Optimizing the environmental benefits of the program;

Minimizing future costs to maintain and replace the converted street lights;

Obtaining accurate digital Geographic Information System (GIS) data for all targeted luminaires using Global Positioning System (GPS) technology;

III – PROJECT OBJECTIVES

6

Receiving electricity rebates from the utility companies;

Obtaining warranty services throughout the term of the contract;

Achieving at or above the City’s illumination standard based on spacing and height of pole.

Maximizing the uniformity of light distribution on the City streets based on existing light pole spacing and luminaire mounting heights;

Street Lights would be replaced on arterial, collector, and local streets;

Identifying incremental costs and benefits of value-added options (e.g. wireless adaptive controls);

Identifying the best financing model for the City of Phoenix.

IV – INSTRUCTIONS TO PROPOSERS

7

IV. INSTRUCTIONS TO PROPOSERS A. INTRODUCTION:

A response to this solicitation is an offer to contract with the City based upon the terms, conditions, and specifications contained in the City’s solicitation. Such a proposal does not become a contract until it is executed by the Department Director. A contract has its inception in the award, eliminating a formal signing of a separate contract. For this solicitation, the contract representative is Charlene Reynolds, Street Transportation Deputy Director, [email protected], (602) 262-6450.

Interested Proposers may download the complete solicitation and addenda from

www.phoenix.gov/solicitations. Internet access is available at all public libraries.

Any interested Proposers without Internet access may obtain this solicitation by calling (602) 262-6450 or picking up a copy during regular business hours at The Street Transportation Department, 200 West Washington, 5th Floor, Phoenix, Arizona 85003. The City of Phoenix takes no responsibility for informing recipients of changes to the original solicitation document. It is the Proposer’s responsibility to obtain a copy of any amendment relevant to this solicitation. Failure to submit amendments with the solicitation response may be grounds for deeming a submittal non-responsive.

This solicitation is available in large print, Braille, audio tape, or computer diskette. Please call (602) 262-5054/Fax (602) 534-2311 for assistance.

B. DEFINITIONS OF KEY WORDS USED IN THE SOLICITATION:

Shall, Will, Must: Indicates a mandatory requirement. Failure to meet these mandatory requirements may result in the rejection of proposal as non-responsive.

Should: Indicates something that is recommended but not mandatory. If the Proposer fails to provide recommended information, the City may, at its sole option, ask the Proposer to provide the information or evaluate the offer without the information. May: Indicates something that is not mandatory but permissible.



8

C. PRE-PROPOSAL CONFERENCE: If scheduled, the date and time of a Pre-Proposal Conference is indicated on the cover page of this document. Attendance is encouraged even if the Pre-Proposal Conference is designated as voluntary. Written minutes and/or notes will not be available. The purpose of this conference will be to clarify the contents of this Request for Proposal in order to prevent any misunderstanding of the City’s position. Any doubt as to the requirements of this Request for Proposal or any apparent omission or discrepancy should be presented to the City at this conference. The City will then determine the appropriate action necessary, if any, and may issue a written amendment or Addendum to the Request for Proposal.

D. PROPOSER INQUIRIES: All questions that arise relating to this RFP shall be directed in writing to the Department contract representative designated in the Introduction to this RFP: Charlene Reynolds, Street Transportation Deputy Director, [email protected], (602) 262-6450. To be considered, written inquiries shall be received at the above address by the

date indicated in the Schedule of Events. Inquiries received will then be

answered by an addendum and published at the Department website listed

above https://www.phoenix.gov/solicitations.

No informal contact initiated by Proposers on the requested service will be allowed with members of the City’s staff from date of distribution of this RFP until after the closing date and time for the submission of proposals. All questions concerning or issues related to this RFP shall be presented in writing.

E. AMENDMENT OF REQUEST FOR PROPOSAL: The Proposer shall acknowledge receipt of a Request for Proposal amendment by signing and returning the document by the specified due date and time. It is the Proposer’s responsibility to obtain a copy of any amendment relevant to this solicitation. Failure to submit amendments with the solicitation response may be grounds for deeming a submittal non-responsive.



9

F. FAMILIARIZATION OF SCOPE OF WORK: It is the responsibility of all Proposers to examine the entire solicitation and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting a proposal. Negligence in preparing a proposal confers no right of withdrawal after due date and time. The Proposer shall be responsible for fully understanding the requirements of the subsequent Contract and otherwise satisfy itself as to the expense and difficulties accompanying the fulfillment of the contract requirements. The submission of a proposal will constitute a representation of compliance by the Offeror. There will be no subsequent financial adjustment, other than that provided by the subsequent Contract, for lack of such familiarization.

G. PREPARATION OF PROPOSAL: 1. All proposals shall be on the forms and in the format set forth in this Request

for Proposal package. It is permissible to copy these forms as required. Facsimiles or electronic mail proposals shall not be considered.

2. The Offer and Acceptance form, the Price Page and any solicitation

amendments must be signed and returned with the proposal. 3. The Offer and Acceptance page shall be signed by a person authorized to

submit an Offer. An authorized signature on the Offer and Acceptance page, Proposal Amendment(s), or cover letter accompanying the proposal documents shall constitute an irrevocable offer to provide the service specified herein.

4. Erasures, interlineations, or other modifications of your proposal shall be

initialed in original ink by the authorized person signing the proposal. 5. In case of error in the extension of price in the proposal, unit price shall

govern when applicable. 6. Periods of time, stated as a number of days, shall be in calendar days. 7. The City shall not reimburse the cost of developing, presenting, submitting or

providing any response to this solicitation. All materials and proposals submitted in response to this solicitation become the property of the City and will not be returned.


10

H. PROPOSAL FORMAT: The written proposal shall be signed by an individual authorized to bind the Proposer. The proposal shall provide the name, title, address and telephone number of individuals with authority to contractually bind the company and who may be contacted during the period of the Contract. All fees quoted shall be firm and fixed for the full contract period. Please see Section IX – Submittal for further information. Each response shall be:

1. Typewritten for ease of evaluation.

2. Submitted in an 8½ x 11 inch loose leaf three-ring binder preferably using

double-sided copying and at least 30% post-consumer content paper.

3. Set forth in the same sequence as identified in Section IX – Submittal (i.e., Proposers should respond to this RFP in sequence and each narrative response should reference the applicable section of Evaluation Requirements).

4. Signed by an authorized representative of the Proposer.

5. Submitted with the name(s), title, address, and telephone number of the individual(s) authorized to negotiate a contract with the City.

6. Appended with any exceptions to the Terms and Conditions clearly stated. See Section IV(I) below.

I. REQUEST TO MODIFY THE CONTRACT PROVISIONS: A response to any Request for Proposal is an offer to contract with the City based upon the contract provisions contained in the City’s Request for Proposal, including, but not limited to, the specifications, scope of work and any terms and conditions. Proposers who wish to propose modifications to the contract provisions must submit a “Request for Consideration of Alternate Terms.” See Submittal, #10 on Solicitation Response Checklist. The written request for modification must be received by the Department contact listed on the front of this solicitation at least seven (7) calendar days prior to the proposal due date. The City may issue an addendum to this solicitation of any approved specification changes. The provisions of the Request for Proposal cannot be modified without the express written approval of the Director or Director’s designee. If a proposal or offer by Proposer is returned with modifications to the contract, the contract provisions contained in the City’s Request for Proposal shall prevail unless the Proposer’s proposed alternative provisions are expressly approved in writing by the Director or designee.


11

J. PUBLIC RECORD:

All proposals submitted in response to the Request for Proposal shall become the property of the City and shall become a matter of public record available for review pursuant to Arizona state law after the award notification.

K. CONFIDENTIAL INFORMATION: The City of Phoenix is obligated to abide by all public information laws. If a Proposer believes that a specific section of its proposal is confidential, the Proposer shall isolate the pages marked confidential in a specific and clearly labeled section of its proposal. The Proposer shall include a written basis for considering the marked pages confidential including the specific harm or prejudice if disclosed and the Department will review the material and make a determination.

L. CERTIFICATION: By signature in the offer section of the Offer and Submittal page in Section IX Proposer certifies:

1. The submission of the offer did not involve collusion or other anti-competitive

practices.

2. Proposer will not discriminate against any employee or applicant for employment in violation of Federal or State Law.

3. Proposer has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer.

4. Proposer is financially stable and solvent and has adequate cash reserves to meet all financial obligations while awaiting reimbursement from the City.

M. SUBMISSION OF PROPOSAL:

Proposals must be in the actual possession of the City at the designated location, on or prior to, the exact time and date indicated in the Schedule of Events. Late proposals shall not be considered. The prevailing clock shall be the City’s clock at the location designated for delivery of the proposal.


12

Proposals must be submitted in a sealed envelope and the following information should be noted on the outside of the envelope: Proposer’s Name Proposer’s Address (as shown on the Certification Page) RFP Number RFP Title Proposal Opening Date All proposals must be completed in ink or typewritten. Include the number of copies indicated in the Submittal, Section IX.

N. LATE PROPOSALS: Late proposals shall be rejected regardless of the reason, including mail delivery problems beyond Proposer’s control. Proposers mailing their responses should allow sufficient time to ensure delivery by the date and time specified.

O. NON-RESPONSIVE PROPOSALS:

Proposals deemed non-responsive will not be evaluated or considered for award.

1. The following proposals will not be evaluated:

Proposals submitted unsigned. Proposals that do not conform to the minimum specifications stated in

the scope of work. Proposals submitted without complete pricing. Proposals that contain altered or conditional cost information. Proposals submitted by a Proposer who does not have valid

certifications and/or licenses required by state, federal or local law or regulations to perform the service requested at the time of the submittal.

Proposals that fail to contain the required bonds, security assurances or

insurance certificates as specified in this RFP.

Proposals that do not include the testing information to verify their proposed fixtures meet the required specifications of the RFP.

Proposals not received by the designated due date, place and time.


13

2. Proposals may be deemed non-responsive at any time in the evaluation

process if in the sole opinion of the City: Proposer does not meet the minimum required skill, experience or other

conditions or terms set forth in this RFP.

Proposal does not comply with the submission requirements including any specified page limits.

Proposer does not have a past record of sound business integrity and a history of fulfilling contractual obligations.

Proposer is not financially stable, solvent, or have cash reserves to meet all financial obligations while awaiting reimbursement from the City. (A Proposer who is borrowing any or all of the monies necessary to meet initial expenses between the start of the contract period and receipt of the first payment must provide a Letter of Commitment from the Proposer’s creditor).

Proposal contains false, inaccurate, or misleading statements that in the opinion of the City, is intended to mislead the City in its evaluation of the proposal.

P. RESPONSIVE PROPOSALS:

Proposals must meet all material requirements of the solicitation. All required elements of a sealed proposal will be evaluated on a pass/fail basis. The use of scoring or ranking cannot be used to evaluate non-responsive proposals. Only those proposals determined to be responsive will be evaluated and scored by members of an evaluation committee in accordance with the criteria set forth in the Scope of Work in this RFP.

In addition, the committee MAY request a formal presentation from the highest ranked Proposers before a final recommendation is made. If presentations are requested and presented, the evaluation team will re-convene, review, and may re-score the evaluation categories based on the expanded information and/or develop a scoring criteria that and additional points for the exclusive purpose evaluating best and final offers. In the event interviews are conducted, information provided during the interview process shall be taken into consideration when evaluating the stated criteria. The City shall not reimburse the Proposer for the costs associated with the interview process.


14

The City reserves the right to make such additional investigations as it deems necessary to establish the competence and financial stability of any Proposer submitting a proposal.

Experiences with the City and entities that evaluation committee members represent may be taken into consideration when evaluating qualifications and experience. If two or more finalists are tied, the finalist with the lowest cost proposal score will be awarded the contract. Note: In addition to the foregoing information submitted by proposers, the City shall have the right to consider other verifiable information bearing on financial stability and strength including without limitation, information provided by former employees and/or creditors.

Q. COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY: In order to do business with the City, Consultant must comply with Phoenix City Code, 1969, Chapter 18, Article V, as amended, Equal Employment Opportunity Requirements. Consultant will direct any questions in regard to these requirements to the Equal Opportunity Department, (602) 262-6790.

R. OFFER AND ACCEPTANCE PERIOD: In order to allow for an adequate evaluation, the City requires an offer in response to this solicitation to be valid and irrevocable for [120] days after the proposal due date and time.

S. DISCUSSIONS:

The City reserves the right to conduct discussions with Proposers for the purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the proposal in order to clarify an offer and assure full understanding of and responsiveness to solicitation requirements. If such a discussion is deemed necessary, the only City staff that is authorized to contact the Proposer is the contract representative listed on the front of this proposal. The contract representative shall document any such discussion in the City’s file.

T. WITHDRAWAL OF OFFER:

At any time prior to the solicitation due date and time, a Proposer (or designated representative) may withdraw the proposal by submitting a request in writing and


15

signed by a duly authorized representative. Facsimiles, telegraphic or mailgram withdrawals shall not be considered.

U. PROPOSAL RESULTS: Proposals and other information received in response to the Request for Proposal shall be shown only to authorized City personnel having a legitimate interest in them or persons assisting the City in the evaluation. Proposals are not available for public inspection until after award recommendation has been posted on the City’s website.

V. EVALUATION CRITERIA:

Proposals will be evaluated and scored by members of an evaluation committee in accordance with the criteria as set forth in this document, consisting of technical component(s) and a pricing (or “cost”) component.

In addition, the committee MAY request a formal presentation or a best and final offer from the highest ranked Proposers before a final recommendation.

W. CITY’S RIGHT TO DISQUALIFY FOR CONFLICT OF INTEREST:

The City reserves the right to disqualify any proposer on the basis of any real or apparent conflict of interest that is disclosed by the proposal submitted or any other data available to the City. This disqualification is at the sole discretion of the City. Any proposer submitting a proposal herein waives any right to object now or at any future time, before any body or agency, including but not limited to, the City Council of the City of Phoenix or any court.

X. AWARD:

The Proposer whose proposal receives the highest score will be recommended for the contract award.

Notwithstanding any other provision of this solicitation, the City reserves the right to: (1) waive any immaterial defect or informality; or (2) reject any or all proposals or portions thereof; or (3) reissue a solicitation. A response to this solicitation is an offer to contract with the City based upon the terms, conditions, and specifications contained in the City’s solicitation. Such a proposal does not become a contract until it is executed by the Department Director. A contract has its inception in the award, eliminating a formal signing of a separate contract. For that reason, all of the terms, conditions and specifications of the procurement contract are contained in the solicitation, unless


16

any of the terms, conditions, or specifications is modified by an addendum or contract amendment. The terms and conditions set forth in this RFP and the selected Proposer’s Offer (Section IX – Submittal) shall form the entire contract between the City and the Contractor.

Y. EMPLOYEE IDENTIFICATION: Proposer agrees to provide an employee identification number or social security number to the City of Phoenix for the purposes of reporting to appropriate taxing authorities monies paid by the City of Phoenix under the awarded contract. If the federal identifier of the Proposer is a social security number, this number will be shared only with appropriate state and federal officials. This submission is mandatory under 26 U.S.C. § 6041A.

Z. PERFORMANCE BOND:

The successful Proposer will provide the City a Performance Bond in the amount of ten-percent (10%) of the resultant contract value to ensure faithful performance of the contractual obligations by the Proposer. The Performance Bond shall be maintained throughout the implementation and installation period.

V – EVALUATION REQUIREMENTS

17

V. EVALUATION REQUIREMENTS A. PROPOSER’S EXPERIENCE AND QUALIFICATIONS:

1. Business History:

The Proposer shall provide a history of the business including the date established, the type of ownership or legal structure of the business (sole proprietor, partnership, corporation, etc.), the length of time that the firm has been operating as the legal entity and the length of time the firm has been providing the requested services. Discuss the areas of expertise and resources available both nationally and locally to provide the requested services. For any proposals involving the installation of LED lights on behalf of the City, the City will only consider submittals from Proposers and its lighting manufacturers who have at least ten (10) years of experience in manufacturing roadway lighting fixtures with a minimum installation of three (3) turnkey projects converting a minimum of 20,000 HPS luminaires (“per project”) to LED equivalent for the purposes of energy efficiency.

2. Key Personnel:

List the proposed key members of staff to be assigned including professionally certified and/or licensed staff as necessary to the City’s contract including their roles and estimated participation in delivering the services. Attach resumes of the key personnel that will be assigned to these services. Include education and training. Resumes shall state clearly any experience specifically related to the Scope of Work and list any similar work successfully completed. [Limit three (3) pages per resume.]

3. Adverse Actions/Potential Impact: State whether the company or any of its subcontractors are currently involved in any litigation, threatened litigation, investigation, reorganization, receivership, filing, strike, audit, corporate acquisition, unpaid judgments or other action that could have an adverse impact on your ability to provide the required RFP needs. If so, please describe the nature of the item and its potential impact.


18

State whether your firm has been unable to complete a contract, been removed from a contract, or been replaced during a contract period in the past five years. If so, explain what happened and why.

4. Government/Corporate Experience: State your firm’s and subcontractor’s experience in providing services to large public entities or large corporate entities. List other government contracts that you have now or have had in the past five years including the City of Phoenix. [Not to exceed 3 pages]

5. Sample Projects: Describe sample projects (not to exceed 6) which best illustrate the firm’s qualifications for the scope of the services, identifying any projects accomplished by current staff while conducted under the employment of others. Projects must be of similar complexity completed and demonstrate the Proposer’s ability and experience to successfully perform the services. [Not to exceed 7 pages total]

6. Customer References: Proposer shall furnish as references a minimum of three (3) references, but no more than five (5), from firms or government organizations for which the Proposer is currently furnishing services or in the past five years has completed services. References from large public entities or large corporate entities are preferred. Please provide for each reference: Name of Company or Government Entity, Name of Reference, Address, Telephone Number and E-mail Address.

7. Other Relevant Information: Submit any other information which documents other skills or experience relating to the requirements of this RFP which you believe may be relevant including brochures and descriptions.

8. Financing Experience (if applicable): The City is considering multiple options for financing this project including self-financing and/or vendor financing. Vendors are encouraged to submit proposals which include a financing option which provides the City with a


19

positive cash flow during the first full year and all subsequent years of the project financing based on energy cost savings. Please list your experience in providing financing for LED conversions in the past three years.

The cost of the project shall be gross cost, before rebates. Financing shall be for a term not-to-exceed 10 years and the amount of the payments shall not change over the term of the loan. The financing shall be structured to meet the City’s financial objective, i.e., annual debt service payments do not exceed energy cost savings in any given year after project completion.

B. METHOD OF APPROACH:

Provide a narrative explanation and supporting documentation that describes how the proposed luminaires will meet the City’s illumination and financial objectives as outlined within the Scope of Work. Explain how the data provided by the City were used and what assumptions were applied. 1. Milestones:

Provide a list of milestones and proposed deliverables for each milestone.

2. Work Schedule: Provide a schedule of work consistent with the requirements of the Scope of Work.

3. Customer Service – Availability:

Provide an estimate of key personnel time on each major step. State the work schedule (days and hours) that the contract representative will be available and the anticipated turn around time for returning phone calls. State the availability of assigned personnel to perform the work according to the timing/needs of the City. Provide a brief assessment of the current workload and capacity of the Proposer to carry out the Scope of Work.

4. Customer Service – Office Resources: State or describe the on-site resources such as office space, conference rooms, clerical support for meeting arrangements as relevant to the services provided.


20

5. Sample Reports: Describe or provide a sample progress report or form.

6. Technology: Describe how your firm uses technology in performing services.

7. Budget Controls: Describe the fiscal accounting processes and budgetary controls that you will use to ensure the responsible use and management of contract funds and accurate invoicing (if applicable). State how costs incurred under this project will be appropriately accounted for and only applicable project expenses will be billed to the City of Phoenix. State your fiscal reporting and monitoring capabilities (e.g. spread sheets, automated fiscal reports, quality controls, checks and balances) to ensure contract funds are managed responsibly. Describe the procedures that you will take to ensure that the City receives satisfactory products and services at low costs, i.e., how will your firm strive to provide the best value at the lowest price.

C. SCHEDULE:

Provide a schedule of work consistent with the requirements of the Scope of Work.

D. PRICE PROPOSAL:

Proposers shall submit prices in accordance with the Price Pages(s) included herein in the “Submittal”, Section IX. This Price Page represents the City of Phoenix’s official request for price quotation and MUST be completed by the Proposer. The pricing stated herein must be a firm fee; except, existing inventory quantities are estimated, and payment will be based on actual quantities installed. Unless otherwise and specifically provided, the price is all-inclusive and must include all necessary costs including, but not limited to, materials, labor, travel, copying costs, incidentals, equipment, space, taxes, profit, insurance and any other items necessary to effectively conduct and complete the Scope of Work.


21

E. GENERAL:

1. Shortlist: The City reserves the right to shortlist the Proposers on all of the stated criteria. However, the City may determine that shortlisting is not necessary.

2. Interviews/Demonstrations: The City reserves the right to conduct interviews and/or interviews with some or all of the Proposers at any point during the evaluation process. However, the City may determine that interviews/demonstrations are not necessary. In the event interviews/demonstrations are conducted, information provided during the interview/demonstration process shall be taken into consideration when evaluating the stated criteria. The City shall not reimburse the Proposer for the costs associated with the interview process. Demonstrations, if scheduled, will be held at a time and place specified by the City. Each of the Proposer’s key project team members, including any subcontractors who will be assigned to the project, are strongly encouraged to attend the interview/demonstration.

3. Additional Investigations: The City reserves the right to make such additional investigations as it deems necessary to establish the competence and financial stability of any proposer submitting a proposal including, without limitation, information provided by former employees and/or creditors.

4. Prior Experience: Experiences with the City and entities that evaluation committee members represent may be taken into consideration when evaluating the qualifications and experience.

5. Overall Evaluation of the Proposal Response: The overall completeness, accuracy and quality of the proposal may be taken into consideration when evaluating the qualifications and experience.


22

6. Required Agreements:

Any required agreements, to include any required for third party software, must be submitted at time of proposal submission.

F. BEST AND FINAL OFFERS:

The City reserves the right to seek a Best and Final Offer (BAFO) from one or more Proposers who have been “short-listed” during the Technical Evaluation process. Proposers chosen to submit BAFOs will be given instructions on preparing their BAFO including an indication of which areas of the RFP must be addressed. BAFOs will be evaluated as an adjustment to the scores already awarded by the Evaluation Committee. After receiving BAFOs, the Procurement Officer may conduct additional discussions with Proposers. If a Proposer is invited to submit a BAFO and does not submit a BAFO, its immediate previous offer will be considered as its BAFO. Unsolicited BAFOs from Proposers will not be considered. Each short-listed proposer in the Competitive Range may be afforded the opportunity to amend its proposal and make one BAFO. The request for BAFOs will include the following: 1. Notice that discussions/negotiations are concluded. 2. Notice that this is the opportunity to submit a written BAFO. 3. A common date and time for submission of a BAFO by each Proposer in the Competitive Range, allowing a reasonable opportunity to prepare BAFOs. 4. Notice that if any modification to a BAFO is submitted, it must be received by the date and time specified for receipt of BAFOs. 5. Notice to Proposers that do not submit a notice of withdrawal or a BAFO

that their immediately previous proposal will be construed as their BAFO. If a Proposer’s BAFO modifies its initial proposal, the modifications must be identified in the BAFO. The City will evaluate BAFOs based on the same requirements and criteria applicable to initial proposals. The City will adjust appropriately the initial scores for criteria that have been affected by proposal modifications made by a BAFO. Based on the criteria defined this document, the City will then perform final scoring and prepare final rankings. The Evaluation Committee will recommend the proposal that offers the best value and is most advantageous to the City based on the evaluation criteria. The results of the evaluation and the selection of a Proposer for any award will be documented in the solicitation file.


23

The City reserves the right to make an award to a Proposer whose proposal it judges to be the best value and most advantageous to the City based on the evaluation criteria, without conducting written or oral discussions with any Proposer and without soliciting BAFOs.

SECTION VI – PROTEST PROCESS

24 822721 – RFP Template

Revised: 11/7/13 (SP)

PROTEST PROCESS

SECTION VI – PROTEST PROCESS



VI. PROTEST PROCESS

Staff recommendations to award the contract(s) to a particular offeror or offerors shall be posted on the Street Transportation Department’s website https://www.phoenix.gov . Any unsuccessful offeror may file a protest no later than 7 calendar days after the recommendation is posted on the website. All protests shall be in writing, filed with the Procurement Authority identified in the solicitation and include the following:

Identification of the IFB or other solicitation number;

The name, address and telephone number of the protester;

A detailed statement describing the legal and factual grounds for the protest, including copies of relevant documents;

The form of relief requested; and

The signature of the protester or its authorized representative.

The Procurement Authority will render a written decision within a reasonable period of time after the protest is filed. The City will not request City Council authorization to award the contract until the protest process is completed.

https://www.phoenix.gov/

SECTION VII – SPECIAL TERMS AND CONDITIONS



SPECIAL TERMS

AND CONDITIONS




VII. SPECIAL TERMS AND CONDITIONS Proposer’s offer is subject to the following special terms and conditions.

A. METHOD OF INVOICING:

Invoices must include the following: 1. City contract agreement number 2. Description of services 3. Applicable tax and fees, itemized separately 4. Invoice number and date

B. METHOD OF PAYMENT: The City will pay the fees as stated in Section VIII, Standard Terms and Conditions, on a quarterly basis in arrears.

C. INDEMNIFICATION: Contractor shall indemnify, defend, save and hold harmless the City of Phoenix and its officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of such contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. In consideration of the award of this Contract, the Contractor agrees to waive all rights of subrogation against the City, its officers, officials, agents and employees for losses arising from the work performed by the Contractor for the City.




D. INSURANCE REQUIREMENTS:

Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The City in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, his agents, representatives, employees or subcontractors and Contractor is free to purchase additional insurance as may be determined necessary. 1. Minimum Scope and Limits Of Insurance:

Contractor shall provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a “following form” basis.

a. Commercial General Liability – Occurrence Form

Policy shall include bodily injury, property damage and broad form contractual liability coverage. General Aggregate $2,000,000 Products – Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000

Policy shall be endorsed to include the following additional insured language: "The City of Phoenix shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor".

b. Worker's Compensation and Employers' Liability

Contractor shall provide Workers' Compensation Statutory Employers' Liability




Each Accident $ 100,000 Disease – Each Employee $ 100,000 Disease – Policy Limit $ 500,000 Policy shall contain a waiver of subrogation against the City of Phoenix. This requirement shall not apply when a contractor or subcontractor is exempt under A.R.S. 23-901, AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form.

c. Professional Liability (Errors and Omissions Liability) Contractor’s policy shall cover professional misconduct or lack of ordinary skill in performing the services defined in the Scope of Services of this Contract. Each Claim $2,000,000 Annual Aggregate $2,000,000 Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed.

2. Additional Insurance Requirements:

The policies shall include, or be endorsed to include, the following provisions: On insurance policies where the City of Phoenix is named as an additional insured, the City of Phoenix shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. The Contractor's insurance coverage shall be primary insurance and non-contributory with respect to all other available sources.

3. Notice of Cancellation:

For each insurance policy required by the insurance provisions of this Contract, the Contractor must provide to the City, within 2 business days of receipt, a notice if a policy is suspended, voided or cancelled for any




reason. Such notice shall be mailed, emailed, hand-delivered or sent by facsimile transmission to Charlene Reynolds, Street Transportation Deputy Director, [email protected], 200 W. Washington, 5th Floor, Phoenix, AZ 85003, (602) 262-6450 (phone), (602) 732-2776 (fax).

4. Acceptability of Insurers:

Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Arizona and with an “A.M. Best” rating of not less than B+ VI. The City in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

5. Verification of Coverage:

Contractor shall furnish the City with certificates of insurance (ACORD form or equivalent approved by the City) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and any required endorsements are to be received and approved by the City before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract or to provide evidence of renewal is a material breach of contract. All certificates required by this Contract shall be sent directly to the City’s insurance certificate tracking service, or to the City of Phoenix Risk Management Division, 251 West Washington, 8th Floor, Phoenix, Arizona 85003, Attn: Assistant Risk Management Administrator. The City project/contract number and project description shall be noted on the certificate of insurance. The City reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time.

6. Subcontractors:

Contractors’ certificate(s) shall include all subcontractors as additional insureds under its policies or Contractor shall furnish to the City separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above.





E. OPTION TO EXTEND: The City may, at their option and with approval of the Contractor, extend the

period of this two-year contract up to three (3) additional year(s), in increments of one year.

F. PERFORMANCE INTERFERENCE: Contractor shall notify the department contact immediately of any occurrence and/or condition that interferes with the full performance of the contract, and confirm it in writing within twenty-four (24) hours. Department Contact: Charlene Reynolds, Street Transportation Deputy Director, [email protected], (602) 262-6450.

G. CONTRACTOR'S PERFORMANCE:

Contractor shall use those efforts which a skilled, competent, experienced, and prudent person or organization would use to perform and complete the requirements of this Contract in a timely and professional manner conforming to the standards and quality generally recognized and accepted within the profession throughout the United States. Contractor shall furnish all necessary labor, tools, equipment, and supplies to perform the required services.

The City's authorized representative will decide all questions which may arise as to the quality and acceptability of any work performed under the Contract. If, in the opinion of the City's authorized representative, performance becomes unsatisfactory, the City shall notify the Contractor. The Contractor will have ten (10) days from that time to correct any specific instances of unsatisfactory performance. In the event the unsatisfactory performance is not corrected within the time specified above, the City shall have the immediate right to complete the work to its satisfaction and shall deduct the cost to cover from any balances due or to become due the Contractor. Repeated incidences of unsatisfactory performance may result in cancellation of the Contract for default.

H. EMPLOYEE IDENTIFICATION AND ACCESS: Except as set forth in Sections VII(K) and VII(L), Contractor employees are forbidden access to designated restricted areas. Beyond meeting rooms and other areas open to the public, access to particular operational premises shall be as directed by the City’s authorized representative.





Only authorized Contractor employees are allowed on the premises of the City of Phoenix buildings. Contractor employees are not to be accompanied in the work area by acquaintances, family members, assistants or any other person unless said person is an authorized Contractor employee.

I. ACCOUNT STAFFING: The Contractor agrees to assign experienced personnel to provide for successful and timely accomplishment of the Scope of Work. The City reserves the right at any time and for any reason during the Contract to reject any Contractor staff from performing services on behalf of the City.

J. TIME IS OF THE ESSENCE: The parties agree that time is of the essence in the performance of the Scope of Work.

K. CONTRACTOR AND SUBCONTRACTOR WORKER BACKGROUND SCREENING:

1. Contract Worker Background Screening:

Contractor agrees that all contract workers and subcontractors (collectively “Contract Worker(s)”) that Contractor furnishes to the City pursuant to this Agreement shall be subject to background and security checks and screening (collectively “Background Screening”) at Contractor’s sole cost and expense as set forth in this Section. The Background Screening provided by Contractor shall comply with all applicable laws, rules and regulations. Contractor further agrees that the Background Screening required in this Section is necessary to preserve and protect public health, safety and welfare. The Background Screening requirements set forth in this Section are the minimum requirements for this Agreement. The City in no way warrants that these minimum requirements are sufficient to protect Contractor from any liabilities that may arise out of Contractor’s services under this Agreement or Contractor’s failure to comply with this Section. Therefore, in addition to the specific measures set forth below, Contractor and its Contract Workers shall take such other reasonable, prudent and necessary measures to further preserve and protect public health, safety and welfare when providing services under this Agreement. The City may, in its sole discretion, accept or reject any or all of the Contract Workers proposed by Contractor to perform work under this Agreement as well those Contract Workers actually providing services during the term of this Agreement.




2. Background Screening Requirements and Criteria:

Because of the varied types of services performed, the City has established three levels of risk and associated Background Screening. The risk level and Background Screening required for this Agreement is Standard Risk. a. Minimum Risk and Background Screening (“Minimum Risk”).

A minimum risk Background Screening shall be performed when the Contract Worker: (i) will not have direct access to City facilities or information systems; or (ii) will not work with vulnerable adults or children; or (iii) when access to City facilities is escorted by City workers. The Background Screening for minimum risk shall consist of the screening required by Arizona Revised Statutes §§ 41-4401 and following to verify legal Arizona worker status.

b. Standard Risk and Background Screening (“Standard Risk”).

A standard risk Background Screening shall be performed when the Contract Worker’s work assignment will: (i) require a badge or key for access to City facilities; or (ii) allow any access to sensitive, confidential records, personal identifying information or restricted City information; or (iii) allow unescorted access to City facilities during normal and non-business hours. The Background Screening for this standard risk level shall include the Background Screening required for the Minimum Risk level and a background check for real identity/legal name, and shall include felony and misdemeanor records from any county in the United States, the state of Arizona, plus any other jurisdiction where the Contract Worker has lived at any time in the preceding seven (7) years from the Contract Worker’s proposed date of hire.

c. Maximum Risk and Background Screening (“Maximum Risk”).

A maximum risk Background Screening shall be performed when the Contract Worker’s work assignment will: (i) have any contact with vulnerable people such as children, youth, elderly, or individuals with disabilities; or (ii) have any responsibility for the receipt or payment of City funds or control of inventories, assets, or records that are at risk of misappropriation; or (iii) have unescorted access to City data centers, money rooms, or high-value equipment rooms; or (iv) have access to private residences; or (v) have access to Homeland Defense Bureau identified critical infrastructure sites/facilities. The Background Screening for this maximum risk level shall include the Background Screening required for the Standard Risk level, plus a sexual offender search, a credit check, and driving record search for the preceding




seven (7) years from the Contract Worker’s proposed date of hire. Contract Workers who work directly with children or vulnerable adults are also subject to fingerprint verification through the Arizona Department of Public Safety as mandated by Phoenix City Code, § 2-27.

3. Contractor Certification; City Approval of Maximum Risk Background

Screening: By executing this Agreement, Contractor certifies and warrants that Contractor has read the Background Screening requirements and criteria in this Section, understands them and that all Background Screening information furnished to the City is accurate and current. Also, by executing this Agreement, Contractor further certifies and warrants that Contractor has satisfied all such Background Screening requirements for the Minimum Risk and Standard Risk Background Screenings as required. In addition, for Maximum Risk Background Screening, Contractor shall furnish to Charlene Reynolds, Street Transportation Deputy Director, 200 W. Washington, 5th Floor, Phoenix, AZ 85003, (602) 262-6450 (phone), (602) 732-2776 (fax) for the City’s review and approval such Background Screenings for any Contract Worker considered for performing services under this Agreement where human safety or facility security is classified as a Maximum Risk level. The subject Contract Worker shall not apply for the appropriate City of Phoenix identification and access badge or keys until Contractor has received the City’s written acceptance of the subject Contract Worker’s Maximum Risk Background Screening. A Contract Worker rejected for work at a Maximum Risk level under this Agreement shall not be proposed to perform work under other City contracts or engagements without City’s prior written approval.

4. Terms of this Section Applicable to all of Contractor’s Contracts and

Subcontracts: Contractor shall include the terms of this Section for Contract Worker Background Screening in all contracts and subcontracts for services furnished under this Agreement including, but not limited to, supervision and oversight services.

5. Materiality of Background Screening Requirements; Indemnity:

The Background Screening requirements of this Section are material to City’s entry into this Agreement and any breach of this Section by Contractor shall be deemed a material breach of this Agreement. In




addition to the indemnity provisions set forth in Section VII(C) of this Agreement, Contractor shall defend, indemnify and hold harmless the City for any and all Claims (as defined in Section VII(C)) arising out of this Background Screening Section including, but not limited to, the disqualification of a Contract Worker by Contractor or the City for failure to satisfy this Section.

6. Continuing Duty; Audit: Contractor’s obligations and requirements that Contract Workers satisfy this Background Screening Section shall continue throughout the entire term of this Agreement. Contractor shall notify the City immediately of any change to a Maximum Risk Background Screening of a Contract Worker previously approved by the City. Contractor shall maintain all records and documents related to all Background Screenings and the City reserves the right to audit Contractor’s compliance with this Section.

L. CONTRACT WORKER ACCESS CONTROLS, BADGE AND KEY ACCESS

REQUIREMENTS:

A CONTRACT WORKER SHALL NOT BE ALLOWED TO BEGIN WORK IN ANY CITY FACILITY WITHOUT: (1) THE PRIOR COMPLETION AND CITY’S ACCEPTANCE OF THE REQUIRED BACKGROUND SCREENING; AND (2) WHEN REQUIRED, THE CONTRACT WORKER’S RECEIPT OF A CITY ISSUED BADGE. A BADGE WILL BE ISSUED TO A CONTRACT WORKER SOLELY FOR ACCESS TO THE CITY FACILITY(S) TO WHICH THE CONTRACT WORKER IS ASSIGNED. EACH CONTRACT WORKER WHO ENTERS A CITY FACILITY MUST USE THE BADGE ISSUED TO THE CONTRACT WORKER. 1. Badge Access Procedures:

An authorized City of Phoenix badge application form is available at the City of Phoenix Badging Office, 251 W. Washington St., 2nd Floor, Phoenix, AZ 85003-1611. Each Contract Worker (as defined herein) who is furnishing Standard Risk (as defined herein) or Maximum Risk (as defined herein) services under this Agreement shall submit to the City of Phoenix, Banking & Cashiering Division, 251 W. Washington, 3rd Floor, Phoenix, AZ 85003-1611: (i) a fully completed and authorized City of Phoenix badge application form; (ii) a check in the initial badge fee amount listed below made payable to the “City of Phoenix”; and (iii) two forms of identification. One form of identification must be a government issued credential with an accompanying photograph. The second form of identification must be a valid passport;




military issued identification card; immigration and naturalized services identification card; social security card; or an original birth certificate. After receipt of the badge application and payment, the Contract Worker will proceed to the badging office for processing of the badge application and issuance of the badge. The City will not process the badge application until the Contract Worker satisfies the required Background Screening (as defined herein). The Contract Worker shall comply with all requirements and furnish all requested information within five (5) business days from initial submission of the badge application or the subject Contract Worker’s badge application shall be rejected.

2. Key Access Procedures: If the Contract Worker’s services require keyed access to enter a City facility(s), a separate key issue/return form must be completed and submitted by the Contractor for each key issued. The key issue/return form is available at and the completed form shall be submitted to the badging office at the address above.

3. Stolen or Lost Badges or Keys: Contractor shall report lost or stolen badges or keys to their local police department and must obtain a police department report (PDR) prior to re-issuance of any lost or stolen badge or key. A new badge application or key issue form shall be completed and submitted along with payment of the applicable fees listed below prior to issuance of a new badge or key.

4. Return of Badges or Keys: All badges and keys are the property of the City and must be returned to the City at the badging office within one (1) business day of when the Contract Worker’s access to a City facility is no longer required to furnish the services under this Agreement. Contractor shall collect a Contract Worker’s badge and key(s) upon the termination of the Contract Worker’s employment; when the Contract Worker’s services are no longer required at the particular City facility(s); or upon termination, cancellation or expiration of this Agreement.

5. Contractor’s Default; Liquidated Damages; Reservation of Remedies

for Material Breach: Contractor’s default under this Section shall include, but is not limited to the following: (i) Contract Worker gains access to a City facility(s) without the




proper badge or key; (ii) Contract Worker uses a badge or key of another to gain access to a City facility; (iii) Contract Worker commences services under this Agreement without the proper badge, key or Background Screening; (iv) Contract Worker or Contractor submits false information or negligently submits wrong information to the City to obtain a badge, key or applicable Background Screening; or (v) Contractor fails to collect and timely return Contract Worker’s badge or key upon termination of Contract Worker’s employment, reassignment of Contract Worker to another City facility or upon the expiration, cancellation or termination of this Agreement. Contractor acknowledges and agrees that the access control, badge and key requirements in this Section are necessary to preserve and protect public health, safety and welfare. Accordingly, Contractor agrees to properly cure any default under this Section within three (3) business days from the date notice of default is sent by the City. The parties agree that Contractor’s failure to properly cure any default under this Section shall constitute a breach of this Section. In addition to any other remedy available to the City at law or in equity, the Contractor shall be liable for and shall pay to the City the sum of one thousand dollars ($1,000.00) [department may insert other amount] for each breach by Contractor of this Section. The parties further agree that the sum fixed above is reasonable and approximates the actual or anticipated loss to the City at the time and making of this Agreement in the event that Contractor breaches this Section. Further, the parties expressly acknowledge and agree to the fixed sum set forth above because of the difficulty of proving the City's actual damages in the event that Contractor breaches this Section. The parties further agree that three (3) breaches by Contractor of this Section arising out of any default within a consecutive period of three (3) months or three (3) breaches by Contractor of this Section arising out of the same default within a period of twelve (12) consecutive months shall constitute a material breach of this Agreement by Contractor and the City expressly reserves all of its rights, remedies and interests under this Agreement, at law and in equity including, but not limited to, termination of this Agreement.

6. Badge and Key Fees: The following constitute the badge and key fees under this Agreement. The City reserves the right to amend these fees upon thirty (30) days prior written notice to Contractor. Initial Badge Fee: $ 55.00 per applicant Replacement Badge Fee: $ 55.00 per badge Lost / Stolen Badge Fee: $ 55.00 per badge Replacement Key Fee: $ 55.00 per key




Lost / Stolen Key Fee: $ 55.00 per key Replacement Locks $ 55.00 per lock

M. COOPERATIVE PURCHASING:

It is the intent of the City of Phoenix to establish a cooperative purchasing agreement(s) with other municipalities, agencies, and private entities for the purchase of LED equivalent luminaires. The Proposer acknowledges that this agreement authorizes the City of Phoenix to allow other governmental bodies and private entities to contractually “piggyback” and purchase from the City’s contract with the successful offeror. Any resultant contract is eligible for use by the Strategic Alliance for Volume Expenditures (SAVE) cooperative. See http://www.maricopa.gov/Materials/SAVE/save-members.pdf for a listing of participating agencies. Any such usage by other municipalities and government agencies must be in accord with the ordinance, charter and/or rules and regulations of the respective political entity.

Additionally, the pricing for specific fixtures or the corresponding discount percent (%) from published and audited lists is to be made available to other city departments (i.e. Parks Department) or other local governments in the region, subject to their compliance to the terms and conditions of this RFP, thus substantially increasing the quantities and value of this project.

VIII – STANDARD TERMS AND CONDITIONS



STANDARD TERMS AND CONDITIONS




VIII STANDARD TERMS AND CONDITIONS Proposer’s offer is subject to the following standard terms and conditions: A. DEFINITIONS:

For purposes of this contract, the following definitions shall apply:

“Amendment” Means a written document issued by the City and signed by the Contractor which alters the contract and identifies the following: (i) a change in the Work (ii) a change in the Contract Amount (iii) a change in the time allotted for performance and /or (iv) an adjustment to the Agreement terms

"City" The City of Phoenix.

"Contract" The legal agreement executed between the City of Phoenix, AZ and the Contractor.

"Contract Representative" The City employee or employees who have specifically been designated to act as a contact person or persons to the Contractor, and responsible for monitoring and overseeing the Contractor's performance under this Contract.

"Contractor" The individual, partnership, corporation, limited liability company, joint venture, or other business entity who, as a result of the competitive process, is awarded a contract by the City of Phoenix.

“Department Director” The contracting authority for the City of Phoenix, AZ, authorized to sign contracts and amendments thereto on behalf of the City of Phoenix, AZ.

“Days” Means calendar days unless otherwise specified.

“Deputy Director” The Deputy Director over the Department.




“Employer” Any individual or type of organization that

transacts business in this State, that has a license issued by an agency in the State and employs one or more employees in this state. Employer includes this State, any political subdivision of this State and self-employed persons. In the case of an independent contractor, employer means the independent contractor, and does not mean the person or organization that uses contract labor. (A.R.S. § 23-211).

“Offer” Means proposal or quotation.

“Proposer/Offeror” Means a vendor who responds to the Request for Proposal.

“Subcontractor” Means an individual, firm, partnership, corporation, limited liability company, joint venture, or any other business entity having a contract, purchase order, or agreement with the Contractor, or with any Subcontractor, of any tier for the performance of any part of the Agreement. When the City refers to Subcontractor(s) in this document, for the purpose of this Agreement and unless otherwise expressly stated, the term “Subcontractor” includes, at every level, and/or tier, all subcontractors, sub-consultants, suppliers and material men.

“Solicitation” Means a Request for Proposal (RFP).

“Suppliers” Firms, entities or individuals furnishing goods or services directly to the City.

“Vendor” A seller of goods or services.




B. CONTRACT INTERPRETATION:

1. Applicable Law: This Contract shall be governed by the law of the State of Arizona, and suits pertaining to this Contract shall be brought only in Federal or State courts in Maricopa County, State of Arizona.

2. Implied Contract Terms: Each and every provision of law and any clause required by law to be in the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the Contract shall forthwith be physically amended to make such insertion or correction.

3. Contract Order of Precedence: In the event of a conflict in the provisions of the Contract, as accepted by the City and as they may be amended, the following shall prevail in the order set forth below:

a. Special Terms and Conditions b. Standard Terms and Conditions c. Statement or Scope of Work d. Specifications e. Attachments f. Instructions to Proposers g. Other documents referenced or included in the Request for Proposal.

4. Severability: The provisions of this Contract are severable to the extent that any provision or application held to be invalid shall not affect any other provision or application of the Contract which may remain in effect without the invalid provision or application.

5. Non-Waiver of Liability: The City of Phoenix, as a public entity supported by tax monies, in execution of its public trust, cannot agree to waive any lawful or legitimate right to recover monies lawfully due it. Therefore, any Contractor agrees that it will not insist upon or demand any statement whereby the City agrees




to limit in advance or waive any right the City might have to recover actual lawful damages in any court of law under applicable Arizona law.

6. Parol Evidence: This Contract is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of this Contract. No course of prior dealings between the parties and no usage in the trade shall be relevant to supplement or explain any term used in this Contract. Acceptance or acquiescence in a course of performance rendered under this Contract shall not be relevant to determine the meaning of this Contract even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity to object.

C. CONTRACT ADMINISTRATION AND OPERATION: 1. Records:

All books, accounts, reports, files and other records relating to the Contract shall be subject at all reasonable times to inspection and audit by the City for five (5) years after completion of the Contract. Such records will be produced at a City of Phoenix office as designated by the City.

2. Confidentiality and Data Security: All data, regardless of form, including originals, images and reproductions, prepared by, obtained by, or transmitted to Contractor/Consultant in connection with this Agreement, is confidential, proprietary information owned by the City. Except as specifically provided in this Agreement, the Contractor/Consultant shall not disclose data generated in the performance of the service to any third person without the prior written consent of the City Manager or his/her designee. Personal identifying information, financial account information, or restricted City information, whether electronic format or hard copy, must be secured and protected at all times to avoid unauthorized access. At a minimum, Contractor/Consultant must encrypt and/or password protect electronic files. This includes data saved to laptop computers, computerized devices or removable storage devices. When personal identifying information, financial account information, or restricted City information, regardless of its format, is no longer necessary, the information must be redacted or destroyed through appropriate and




secure methods that ensure the information cannot be viewed, accessed, or reconstructed. In the event that data collected or obtained by the Contractor/Consultant in connection with this Agreement is believed to have been compromised, Contractor/Consultant shall notify the City Privacy Officer immediately. Contractor/Consultant agrees to reimburse the City for any costs incurred by the City to investigate potential breaches of this data and, where applicable, the cost of notifying individuals who may be impacted by the breach. Contractor/Consultant agrees that the requirements of this Section shall be incorporated into all subcontractor/subconsultant agreements entered into by the Contractor/Consultant. It is further agreed that a violation of this Section shall be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this Section may result in immediate termination of this Agreement without notice. Contractor/Consultant shall indemnify, defend, save and hold harmless the City and its officers, officials, agents, and employees from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and cost of claims processing, investigation and litigation) for any loss caused, or alleged to be caused, in whole or in part, by Consultant’s or any of its owners’, officers’, directors’, agents’ or employees’ failure to comply with the requirements of this Section. This indemnity includes any claim arising out of the failure of Contractor/Consultant to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. The obligations of Contractor/Consultant under this Section shall survive the termination of this Agreement.

3. Equal Employment Opportunity:

A. In order to do business with the City, Contractor/Consultant must comply with Phoenix City Code, 1969, Chapter 18, Article V, as amended, Equal Employment Opportunity Requirements. Contractor/Consultant will direct any questions in regard to these requirements to the Equal Opportunity Department, (602) 262-6790.




For a Contractor/Consultant with 35 employees or less:

B. Any Contractor/Consultant in performing under this Agreement shall

not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age, or disability, nor otherwise commit an unfair employment practice. The Contractor/Consultant will ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, national origin, age, or disability. Such action shall include but not be limited to the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The Consultant further agrees that this clause will be incorporated in all subcontracts with all labor organizations furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this Agreement. Contractor/Consultant further agrees that this clause will be incorporated in all subcontracts, job-consultant agreements or subleases of this agreement entered into by supplier/lessee.

For a Contractor/Consultant with more than 35 employees: C. Any Contractor/Consultant in performing under this Agreement shall

not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age, or disability, nor otherwise commit an unfair employment practice. The Consultant will ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, national origin, age, or disability. Such action shall include but not be limited to the following: Employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The Contractor/Consultant further agrees that this clause will be incorporated in all subcontracts with all labor organizations furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this Agreement. Contractor/Consultant further agrees that this clause will be incorporated in all subcontracts, job-consultant agreements or subleases of this Agreement entered into by supplier/lessee. The Contractor/Consultant further agrees not to discriminate against any worker, employee or applicant, or any member of the public, because of sexual orientation or gender identity




or expression and shall ensure that applicants are employed, and employees are dealt with during employment without regard to their sexual orientation or gender identity or expression.

D. Documentation. Contractor/Consultant may be required to provide

additional documentation to the Equal Opportunity Department affirming that a nondiscriminatory policy is being utilized.

E. Monitoring. The Equal Opportunity Department shall monitor the

employment policies and practices of suppliers and lessees subject to this article as deemed necessary. The Equal Opportunity Department is authorized to conduct on-site compliance reviews of selected firms, which may include an audit of personnel and payroll records, if necessary.

4. Licenses and Permits:

Contractor shall possess at the time of submittal and shall keep current Federal, State, and local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this Contract.

5. Advertising: Contractor shall not advertise or publish news releases concerning this Contract without the prior written consent of the Department Director, and the City shall not unreasonably withhold permission.

6. Exclusive Possession: All research and materials created, developed, compiled or produced pursuant to or as a result of this contract (including but not limited to all reports) will be considered ordered and commissioned by the City as works made for hire under the copyright laws and made in the course of services rendered. All services, information, computer program elements, reports, and other deliverables which may be created under this Contract are the sole property of the City of Phoenix and shall not be used or released by the Contractor or any other person except with prior written permission by the City.




7. Health, Environmental and Safety Requirements: The Contractor’s products, services and facilities shall be in full compliance with all applicable federal, state and local health, environmental and safety laws, regulations, standards, codes and ordinances, regardless of whether or not they are referred to by the City. The City shall have the right to inspect operations conducted by the Contractor or Subcontractor in the performance of this contract.

8. Compliance with Laws: Contractor agrees to fully observe and comply with all applicable Federal, State and local laws, regulations, standards, codes and ordinances when performing under this Contract regardless of whether or not they are referred to by the City. Contractor agrees to permit City inspection of Contractor’s business records, including personnel records to verify any such compliance. Because the Contractor will be acting as an independent contractor, the City assumes no responsibility for the Contractor’s acts.

9. Continuation During Disputes: Contractor agrees that notwithstanding the existence of any dispute between the parties, insofar as is possible, under the terms of the Contract, the Contractor shall continue to perform the obligations required of Contractor during the continuation of any such dispute unless enjoined or prohibited by an Arizona Court of competent jurisdiction.

10. Strict Performance: Failure of either party to insist upon the strict performance of any item or condition of the Contract or to exercise or delay the exercise of any right or remedy provided in the Contract, or by law, or the acceptance of materials or services, obligations imposed by this Contract or by law shall not be deemed a waiver of any right of either party to insist upon the strict performance of the Contract.

11. Legal Worker Requirements: The City is prohibited by A.R.S. § 41-4401 from awarding an agreement to any contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A). Therefore, contractor agrees that:




a. Contractor and each subcontractor it uses warrants their compliance

with all federal immigration laws and regulations that relate to their employees and their compliance with § 23-214, subsection A.

b. A breach of a warranty under Section VIII(C)(11)(a) shall be deemed a material breach of the Agreement and is subject to penalties up to and including termination of the Agreement.

c. The City retains the legal right to inspect the papers of the contractor or subcontractor employee(s) who work(s) on this Agreement to ensure that contractor or subcontractor is complying with the warranty under Section VIII(C)(11)(a).

12. Lawful Presence Requirement:

Pursuant to A.R.S. §§ 1-501 and 1-502, the City of Phoenix is prohibited from awarding a contract to any natural person who cannot establish that such person is lawfully present in the United States. To establish lawful presence, a person must produce qualifying identification and sign a City-provided affidavit affirming that the identification provided is genuine. This requirement will be imposed at the time of contract award. This requirement does not apply to business organizations such as corporations, partnerships or limited liability companies.

D. COSTS AND PAYMENTS:

1. Commencement of Work: The Contractor is cautioned not to commence any billable work or provide any material or service under this Contract until Contractor receives a purchase order of otherwise directed to do so in writing by the City.

2. Payment Deduction Offset Provision: Contractor acknowledges that the City Charter requires that no payment be made to any Contractor as long as there is an outstanding obligation due to the City. Contractor agrees that any obligation it owes to the City will be offset against any payment due to the Contractor from the City.

3. Late Submission of Claim By Contractor: The City will not honor any invoices or claims which are tendered one (1) year after the last item of the account accrued.




4. No Advance Payments: Advance payments are not authorized. Payment will be made only for actual services or commodities that have been received.

5. Fund Appropriation Contingency: The Contractor recognizes that any agreement entered into shall commence upon the day first provided and continue in full force and effect until termination in accordance with its provisions. The Contractor and the City herein recognize that the continuation of any contract after the close of any given fiscal year of the City of Phoenix, which fiscal year ends on June 30 of each year, shall be subject to the approval of the budget of the City of Phoenix providing for or covering such contract item as an expenditure therein. The City does not represent that said budget item will be actually adopted, said determination being the determination of the City Council at the time of the adoption of the budget.

6. IRS W9 Form: In order to receive payment, the Contractor shall have a current IRS W-9 form on file with the City of Phoenix. The form can be downloaded at http://www.irs.gov/pub/irs-pdf/fw9.pdf.

E. CONTRACT CHANGES: 1. Contract Amendments:

Contracts shall be modified only by a written contract amendment signed by the Department Director and persons duly authorized to enter into contracts on behalf of the Contractor.

2. Assignment – Delegation: No right or interest in this Contract nor monies due hereunder shall be assigned in whole or in part without written permission of the City, and no delegation of any duty of Contractor shall be made without prior written permission of the Department Director, which may be withheld for good cause. Any assignment or delegation made in violation of this Section shall be void.

http://www.irs.gov/pub/irs-pdf/fw9.pdf




3. Non-Exclusive Contract: Any contract resulting from this solicitation shall be awarded with the understanding and agreement that it is for the sole convenience of the City of Phoenix. The City reserves the right to obtain like goods or services from another source when necessary.

4. Authorized Changes: The City reserves the right at any time to make changes in any one or more of the following: a) specifications; b) implementation schedule. If the change causes an increase or decrease in the cost of or the time required for performance, an equitable adjustment may be made in the price or delivery schedule, or both. Any claim for adjustment shall be deemed waived unless asserted in writing within thirty (30) days from the receipt of the change. Price increases or extensions of delivery time shall not be binding on the City unless evidenced in writing and approved by the Department Director prior to the institution of the change.

F. RISK OF LOSS AND LIABILITY: 1. Title and Risk of Loss:

The title and risk of loss of material or service shall not pass to the City until the City actually receives the material or service at the point of delivery; and such loss, injury, or destruction shall not release Contractor from any obligation hereunder.

2. Acceptance: All service is subject to final inspection and acceptance by the City. Noncompliance shall conform to the cancellation clause set forth in this document.

3. Indemnification – Patent, Copyright and Trademark: The Contractor shall indemnify and hold harmless the City against any liability, including costs and expenses, for infringement of any patent, trademark or copyright or other proprietary rights of any third parties arising out of contract performance or use by the City of materials furnished or work performed under this Contract.




The Contractor agrees upon receipt of notification to promptly assume full responsibility for the defense of any suit or proceeding which is, has been, or may be brought against the City of Phoenix and its agents for alleged infringement, as well as for the alleged unfair competition resulting from similarity in design, trademark or appearance of goods by reason of the use or sale of any goods furnished under this Contract; and the Contractor further agrees to indemnify the City against any and all expenses, losses, royalties, profits and damages including court costs and attorney’s fees resulting from the bringing of such suit or proceedings including any settlement or decree of judgment entered therein. The City may be represented by and actively participate through its own counsel in any such suit or proceedings if it so desires. It is expressly agreed by the Contractor that these covenants are irrevocable and perpetual.

4. Force Majeure: Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented by reason of force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Force majeure shall not include late performance by a subcontractor unless the delay arises out of a force majeure occurrence in accordance with this force majeure term and condition. If either party is delayed at any time in the progress of the work by force majeure, the delayed party shall notify the other party in writing of such delay, as soon as is practical, of the commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be hand-delivered or mailed certified return receipt and shall make a specific reference to this provision, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing when it has done so. The time of completion shall be extended by contract modification for a period of time equal to the time that results or effects of such delay prevent the delayed party from performing in accordance with this Contract.

5. Organization – Employment Disclaimer: The Contract resulting hereunder is not intended to constitute, create, give rise to or otherwise recognize a joint venture agreement or relationship, partnership or formal business organization of any kind, and the rights and obligations of the parties shall be only those expressly set forth in the




Contract. The parties agree that no persons supplied by the Contractor in the performance of Contractor’s obligations under the Contract are considered to be City’s employees and that no rights of City civil service, benefits, retirement or personnel rules accrue to such persons. The Contractor shall have total responsibility for all salaries, wage bonuses, retirement, withholdings, workmen’s compensation, occupational disease compensation, unemployment compensation, other employee benefits and all taxes and premiums appurtenant thereto concerning such persons, and shall save and hold the City harmless with respect thereto.

6. Loss of Materials: The City does not assume any responsibility, at any time, for the protection of or for loss of materials, from the time that the contract operations have commenced until the final acceptance of the work by the project manager.

7. Damage to City Property: Contractor shall perform all work so that no damage to the building or grounds results. Contractor shall repair any damage caused to the satisfaction of the City at no cost to the City.

G. WARRANTIES: 1. Quality:

Contractor expressly warrants for a two-year period from the date of installation that all goods or services furnished under this Contract shall conform to the specifications and appropriate standards contained within this RFP. The City of Phoenix shall not be responsible for the replacement, shipping, removal, installation and/or maintenance of warranted light fixtures.

2. Responsibility for Correction: It is agreed that the Contractor shall be fully responsible for making any correction, replacement, or modification necessary for specification or legal compliance.




3. Liens: Contractor shall hold the City harmless from claimants supplying labor or materials to the Contractor or its subcontractors in the performance of the work required under this Contract.

4. Professional Responsibility: Contractor shall use those efforts which a skilled, competent, experienced, and prudent person or organization would use to perform and complete the requirements of this Contract in a timely manner conforming to the standards and quality generally recognized and accepted within the profession throughout the United States.

H. CITY’S CONTRACTUAL RIGHTS: 1. Right to Assurance:

Whenever one party to this Contract in good faith has reason to question the other party's intent to perform, the former party may demand that the other party give a written assurance of this intent to perform. In the event that a demand is made and no written assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of this Contract.

2. Non-Exclusive Remedies: The rights and remedies of the City under this Contract are non-exclusive.

3. Default: In case of default by the Proposer, the City may, by written notice, cancel this Contract and repurchase from another source and may recover the excess costs by (1) deduction from an unpaid balance due; (2) collection against the proposal and/or performance bond; or (3) a combination of the aforementioned remedies or other remedies as provided by law.

4. Covenant Against Contingent Fees: Contractor warrants that no person or selling agent has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employers or bona fide established commercial or




selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the City shall have the right to annul the contract without liability or in its discretion to deduct from the contract price a consideration, or otherwise recover the full amount of such commission, brokerage or contingent fee.

5. Cost Justification: In the event only one response is received, the City may require that the proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the proposal price is fair and reasonable.

I. CONTRACT TERMINATION:

1. Gratuities: The City may, by written notice to the Contractor, cancel this Contract if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor, to any officer or employee of the City making any determinations with respect to the performing of such contract. In the event this Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold from the Contractor the amount of the gratuity.

2. Conditions and Causes For Termination: This Contract may be terminated at any time by mutual written consent, or by the City, with or without cause, upon giving thirty (30) days written notice to Contractor. The City at its convenience, by written notice, may terminate this Contract, in whole or in part. If this Contract is terminated, the City shall be liable only for payment under the payment provisions of this Contract for services rendered and accepted material received by the City before the effective date of termination. Title to all materials, work-in-process and completed but undeliverable goods, will pass to the City after costs are claimed and allowed. The Contractor shall submit detailed cost claims in an acceptable manner and shall permit the City to examine such books and records as may be necessary in order to verify the reasonableness of any claims. The City reserves the right to cancel the whole or any part of this Contract due to failure of Contractor to carry out any term, promise, or condition of




the Contract. The City will issue a written notice of default to Contractor for acting or failing to act as in any of the following: In the opinion of the City, Contractor provides personnel who do not meet the requirements of the Contract; In the opinion of the City, Contractor fails to perform adequately the stipulations, conditions or services/specifications required in this Contract; In the opinion of the City, Contractor attempts to impose on the City personnel or materials, products or workmanship, which is of an unacceptable quality; Contractor fails to furnish the required service and/or product within the time stipulated in the Contract; In the opinion of the City, Contractor fails to make progress in the performance of the requirements of the Contract and/or give the City a positive indication that Contractor will not or cannot perform to the requirements of the Contract.

3. Contract Cancellation: All parties acknowledge that this Contract is subject to cancellation by the City of Phoenix pursuant to the provision of Section 38-511, Arizona Revised Statutes.

IX – PROPOSER OFFER AND SUBMITTAL (COMPLETE AND RETURN)



PROPOSER OFFER AND SUBMITTAL (COMPLETE AND RETURN)




IX. PROPOSER OFFER and SUBMITTAL (COMPLETE AND RETURN) Please complete and submit: 1) Original and nine copies of this entire Submittal Section which includes: The Pricing Page(S) (“Price Component”) Your narrative Response to the Evaluation Criteria as stated in Section V)

(Evaluation Criteria) (“Technical Component”) Company Information Offer and Acceptance All other documents, if any, required by Section V, Evaluation

Requirements: (List) Any alternative terms, clearly separated and marked as such as an

attachment to the Submittal. Any confidential or proprietary information clearly separated and marked

as such as an attachment to the Submittal. PREREQUISITES: Evidence of bonds, sureties, licenses and certifications as specifically requested in this RFP (Rated Pass/Fail – a Fail will result in a non-responsive proposal):

Please submit only Section IX and any additional documents as requested above or in Section V (Evaluation Criteria). Do not submit a copy of the entire RFP document. Your offer will remain in effect for a period of [120] calendar days from the proposal opening date and is irrevocable.




A. PRICING COMPONENT:

Note: Prices offered in the vendor’s proposal or bid shall not include applicable taxes. For purposes of determining the lowest price proposal or bid, the City will not take any applicable tax into consideration. However, the City may consider taxes for purposes of verifying vendor’s proposal produces a positive cash flow. Once a contract is awarded, all applicable taxes will apply. Applicable taxes, if any, must be listed as a separate item on all invoices submitted to the City and shall remain the sole responsibility of the vendor to calculate and make payment.

Cost is a factor in awarding the contract; however, only those proposals that meet all the mandatory criteria in the RFP will be given consideration. The contract will not be awarded solely on the basis of price. Pursuant to and in compliance with your Request for Proposals and other documents relating thereto, the undersigned Proposer, having been familiarized with the terms of the contract, the local conditions affecting the performance of the contract and the cost of the work at the place where the work is to be done, hereby proposes and agrees to perform within the time stipulated, the contract, including all of its component parts, and everything required to be performed, including its acceptance by the City, and to provide and furnish any and all labor, materials, tools, expendable equipment, and utility and transportation services necessary to perform the contract and complete all of the work in a workmanlike manner required in connection with the this RFP. Please submit one (1) original and nine (9) sealed copies of your Price Schedule in a separate, sealed envelope within the main submittal package to be opened separately during the evaluation process. This offer will remain in effect for a period of 120 calendar days from the proposal due date and is irrevocable unless it is in the City’s best interest to do so.

Note: Prices offered shall not include applicable state and local taxes. The City will pay all applicable taxes. For the purposes of determining the lowest cost, the City will not take tax into consideration. However, the City may consider taxes for purposes of verifying vendor’s proposal produces a positive cash flow. Taxes must be listed as a separate item on all invoices.

B. TECHNICAL COMPONENT: Provide in narrative form in accordance with Section V, Evaluation Criteria.




All timely proposals will be reviewed to determine whether the minimal qualification requirements have been met. Proposals that do not meet all qualifications requirements will be considered non-responsive and will be rejected.

Each Proposal has two parts; a Technical component and a Price (“Cost” or “Pricing”) component. Each Proposal will be evaluated on its technical and cost merits by a panel of reviewers.




C. OFFER AND ACCEPTANCE: D. TO THE CITY OF PHOENIX: The Undersigned hereby offers and agrees to furnish the material and or service(s) in compliance with all terms, conditions, specifications, and addenda issued as a result of this Request for Proposals and any written exceptions in the offer.

Arizona Sales Tax No.

Use Tax No. for Out-of State Suppliers

City of Phoenix Sales Tax No.

Proposer certifies that Proposer has read, understands, and will fully and faithfully comply with this Request for Proposals, any attachments and any referenced documents. Proposer also certifies that the prices offered were independently developed without consultation with any of the other proposers or potential proposers. Authorized Signature Date Printed Name and Title




Proposer’s Contact Information: Company Name

Address

City, State and Zip Code

Telephone Number Company’s Fax Number

Company’s Toll Free # Email Address

Website Payment Address: (If different from above) NOTE: Any assignment of proceeds must go through the City of Phoenix, Division of Accounts, and formal assignment procedure. Please also refer to the Assignment Provision, Section VIII(2) - Standard Terms and Conditions.

Name

Address

City, State and Zip Code

Payment Address: (If different from above) Note: Any assignment of proceeds must go through the City of Phoenix, Division of Accounts, and formal assignment procedure. Please also refer to the Assignment Provision, Section VIII(2), Standard Terms and Conditions. Name _____________________________________________________ Address____________________________________________________ City, State and Zip Code ______________________________________




E. SOLICITATION RESPONSE CHECK LIST (NOT NECESSARY TO RETURN CHECKLIST WITH OFFER) (For Proposer’s Use Only):

Check off each of the following as the necessary action is completed.

□ 1. All forms have been signed. All of Section IX – Submittals and required attachments are included. All contract terms have been read.

□ 2. Narrative Portion of the Proposal follows the sequence set forth in Section V – Evaluation Requirements.

□ 3. The prices offered have been reviewed. All blanks have been filled in. The pricing page is included with the Proposal Response.

□ 4. The resume and other page limitations, if any, have been followed.

□ 5. The insurance and bond and surety requirements, if any, have been reviewed to assure you are in compliance. Attach a Certificate of Insurance and other requested documents. Failure to include could disqualify you.

□ 6. The specified number of copies of your offer has been included.

□ 7. Any addenda have been signed and are included.

□ 8. The mailing envelope has been addressed to City of Phoenix Street Transportation Department Attn: RFP No. 63-0021 200 West Washington St, 5th Floor Phoenix, AZ 85003 The mailing envelope clearly shows: Your company’s name and address, the RFP Number, RFP Title, and the proposal opening date.

□ 9. The response will be mailed in time to be received no later than 10:00 a.m. local Arizona time.

□ 10. Request for Consideration of Alternate Terms, if needed, is included. See Section IV(I), Instructions to Proposers. If requested, the request must be submitted with the proposal either as a separate section of the proposal or as a separate attachment and must be titled as “Request for Consideration of Alternate Terms.”




This document is provided to the Proposers as a separate document (Attachment A).

X– CAPITAL PURCHASE



CITY OF PHOENIX CAPITAL PURCHASE




X. CAPITAL PURCHASE

A. INTRODUCTION The successful Proposer will provide the City with labor, materials, supplies, equipment, facilities, disposal, photometric analyses, digital reports, and processing for all utility rebates and rate schedules associated with the conversion program. This program will replace mostly high pressure sodium (HPS), cobra head and shoebox style street light fixtures to LED or equivalent to the City.

The work to be done consists of furnishing and installing new LED energy efficient lighting fixtures, removal and disposal/recycling of existing HPS lighting fixtures and maintaining existing electrical systems working during construction. No used, refurbished, reconditioned, or rebuilt parts or products shall be used, unless otherwise approved by the City in writing; all street lights shall be fully operational each night unless due to a power fault issue. Minimum Warranty Requirements Two (2) Year Labor Warranty – any failures replaced at no cost to the City; Five (5) Year Hardware Warranty for fixtures. Proposers must provide the incremental cost, if any, to provide the City with a 10 year labor and materials. Specifically, the Contractor selected will be required to complete the following tasks:

B. PROJECT REQUIREMENT

Phase 1: Project Development

1.1 Conduct detailed investigation of APS / SRP billing records and GIS maps to establish ownership and eligibility for replacement.

1.2 Develop and submit required paperwork to reconcile street light billing records and confirm rebate eligibility.

1.3 Prepare detailed pricing estimate(s) representing all project options under consideration.

1.4 Develop energy (kWh), Greenhouse Gas (GHG) and energy cost savings models to ensure results and cost-effectiveness of project options.

1.5 Discuss and confirm recommendations with the City to finalize project details and render Scope of Work.

Phase 2: Project Implementation




2.1 Conduct final review of all energy savings and construction cost estimates with the City to ensure accuracy and compliance.

2.2 Purchase qualified luminaires from a vendor authorized by the fixture manufacturer. Contractor shall warrant all labor and replace defective light luminaires and parts thereof for a period of two years from the date of project acceptance.

2.3 Manage deliveries and staging of material to site including any secured storage considerations.

2.4 Provide Traffic Control plans based on the latest City’s Traffic Barricaded Manual as necessary to be reviewed and approved by the Traffic Services Division under the Street Transportation Department and obtain all required permits.

2.5 Participate in the development and implementation of community outreach and notification plan to ensure project awareness and minimize traffic impact.

2.6 During installation, comply with all requirements to ensure replacement luminaires receive utility rebates if eligible and LED electric rate schedule

Accurately populate the City Street Light Conversion Worksheet

Ensure each newly installed luminaire has been tagged/recorded with the correct wattage sticker consistent with American National Standard For Roadway Lighting Equipment, ANSI C136.15

Obtain and provide accurate digital GIS data for all luminaires using GPS technology, including existing LED street lights

2.7 Install replacement luminaires. Provide all necessary equipment including City approved 20-year fail off photo cell, hardware, adapters, and any other materials necessary for a quality installation. Ensure installation quality, compliance with project schedule, and proper disposal and/or recycling of old luminaires.

2.8 City shall meet with Contractor to review installation schedule, work safety, public safety, and waste material handling procedures and requirements.

2.9 Inspect final work with City and correct any outstanding punch list items or deficiencies identified by both the City and the Proposer.

2.10 Test lights to ensure that they work and identify location where repair needs City assistance.

2.11 Recommend cleaning schedule to maintain lumen output. 2.12 Schedule and attend weekly progress meetings with City staff to discuss

ongoing implementation progress and other issues arising due to the conversion program.

2.13 During the implementation phase, the successful Proposer shall coordinate with the City’s existing street lighting maintenance contractor.

2.14 The Contractor will provide documentation of a disposal and recycle plan associated with the removal and disposal of the City’s existing street light assets which are replaced by the new LED light fixtures. This




removal/disposal of the existing street lights shall not be a separate pay item and shall be included in the proposed unit price for supply and installation of the LED street light fixtures. The plan should include a revenue sharing proposal for the funds of any material that is recycled.

Phase 3: Project Completion

3.1 Following City acceptance, produce final project reporting documentation to the City Project Manager.

3.2 Provide administrative effort required to process and receive all available rebates from Arizona Public Service (APS) Salt River Project (SRP). (continuous process through various construction phases.)

3.3 Provide records of all newly installed LED street lights in the form of electronic GIS records including all wattages, pole numbers, locations and other associated information.

C. LED LUMINAIRE TECHNICAL SPECIFICATIONS General Requirements: The proposer shall identify the manufacturer and series of LED luminaires that are proposed for use on this project. Only one manufacturer and a maximum of two series of luminaires are allowed for use on this project. The proposer shall identify the exact model and catalog number of each luminaire to meet the requirements of the following specifications. If the manufacturer introduces a newer technology in the same series of LED luminaires prior to ordering the fixtures, the successful bidder may submit the new fixture to the City for approval at no additional cost to the City. If a fixture is lower in cost, the successful proposer shall provide the city with credit for the price differential. The luminaire shall be a fully integrated assembly. Retrofits that reuse portions of the existing fixtures will not be accepted. The luminaire shall comply with the measurement, performance and safety standards listed below.

The entire fixture including internal components and as a whole unit shall be either Underwriters Laboratories (UL) certified, Canadian Standards Association (CSA) international certified or equivalent.

The luminaire shall be listed and labeled by a Nationally Recognized Testing Laboratory (NRTL) as being in compliance with UL 1598 and suitable for use in wet locations.

The luminaire shall be in compliance with the following UL standards (latest approved):




o 8750 Light Emitting Diode (LED) Light Sources for Use in Lighting Products o 1012 Power Units other than Class 2 o 2108 Low Voltage Lighting Systems

The luminaire shall start and operate in an ambient temperature range of -40°C to 50°C. In-SITU Temperature Measurement Test ISTMT) data is required for a minimum temperature range of -40°C to 40°C for the luminaires submitted in this proposal. Testing to 50°C must be submitted and approved for the luminaires prior to installation. The ISTMT laboratory must be approved by OSHA as a NRTL, must be qualified, verified and recognized through the U.S. Department of Energy (DOE) CALiPER program, or must be recognized through UL’s Data Acceptance Program.

The light sources and drivers shall be Restriction of Hazardous Substances (RoHS) compliant.

The luminaire shall have an International Electrotechnical Commission (IEC) 529 Ingress Protection (IP) rating of IP 66 or greater for the optical assemblies of the luminaire.

The power supply shall meet or exceed Federal Communications Commission (FCC) 47 Part 15/18 to achieve consumer interference emission limits.

The power supply shall have a minimum Class A sound rating per ANSI Standard C63.4.

The luminaire shall be in compliance with American National Standards Institute (ANSI) C78.377.2011 – Specifications for the Chromaticity of Solid-State Lighting Products.

The luminaire shall be tested according to Illuminating Engineering Society of North America (IESNA) LM-79-08 - IESNA Approved Method: Electrical and Photometric Measurements of Solid-State Lighting Products.

The luminaire shall have lumen maintenance measured in accordance with IESNA LM-80-08 – IESNA Approved Method: Measuring Lumen Maintenance of LED Lighting Sources.

The luminaire shall have long term lumen maintenance documented according to IESNA TM-21-11 – Projecting Long Term Lumen Maintenance (LM) of LED Light Sources.




The luminaire shall have LM-79 testing conducted by a National Voluntary Laboratory Accreditation Program (NVLAP) accredited lab or a lab that is qualified, verified and recognized through DOE’s CALiPER program.

The luminaire shall be classified in accordance with IESNA TM-15-07 Luminaire Classification System for Outdoor Luminaires, Addendum A: Backlight, Uplight and Glare (BUG) ratings.

Luminaire Housing Requirements:

The luminaire housing shall be constructed of cast aluminum housing with a corrosive resistant powder coat finish in gray or dark bronze. No parts shall be polycarbonate. The surface treatment shall withstand a minimum of 3,000 hours for salt and fog condition in accordance with testing performed per ASTM Standard B117.

All hardware on the exterior of the housing including cover and latch shall be stainless steel, zinc, or steel with zinc alloy electroplate and chromate top coat.

A die-cast trigger latch or stainless steel tool-less screw on the door frame shall allow for tool-less entry and enable easy and secure opening with one hand.

The door assembly shall have a safety latch to prevent the door from falling when opening.

The luminaire shall have readily accessible internal parts.

The driver must be internally mounted, easily accessible, replaceable and thermally separated from the optical compartment.

The luminaire shall mount on nominal 2 inch (2 3/8 OD) horizontal tenon.

Two and four bolt mounting must provide 3G vibration rating per American Standards Institute and Institute of Electrical and Electronics Engineers (IEEE) C136.31.

The mounting assembly shall permit ±5 degrees adjustment for leveling in a minimum of 5 steps.

The luminaire shall have an integrated bubble level.




The luminaire housing shall have passive cooling fins integrated as part of the housing for heat dissipation (no vents, internal fans or moving parts) and be designed for water shedding and to be self-cleaning.

The luminaire shall have field installable and manufacture installed options for house side light shields.

The luminaire shall not weigh more than 35 pounds when fully assembled and installed.

The luminaire shall have an effective projected area of no more than 1.2 square feet (when viewed from either side or either end).

The luminaire shall have a 7-prong twist-lock photo-electric control receptacle (PECR) in accordance with ANSI C136.41-2013. The driver dimming leads shall be wired to prongs four and five. The PECR shall be rotatable up to 359 degrees. Housing shall provide 360 degree stop to prevent the internal twisting of PECR wire assemblies resulting in potential electrical short. The PECR shall be connected to the same voltage as the luminaire.

The luminaire shall be labeled internally and externally in accordance with ANSI C136.15.

Electrical Requirements:

The power supply shall fully operate in a temperature range no less than -20º C to 50° C.

The electronic driver shall have the following:

o Rated life of 100,000 hours based on thermal data for the driver case temperature in the luminaire at a 25°C ambient temperature.

o Input voltage of 120 to 277 volt at 60 Hz.

o Output frequency >120 to avoid visible flicker.

o A power factor of 0.90 or greater at full load.

o A total harmonic distortion of 20% or less at full load.

o Thermal overload protection.

o Self-limited short circuit protected and over load protected.




o Electrical components that are protected per ANSI/IEEE Standard C62.41, for Category C (10kv/5ka) applications. The transient suppressor is not required to be RoHS compliant.

o Driver case shall meet Ingress Protection (IP) 66 standards.

o Capable of 0-10V dimming.

o Terminated with quick disconnect wire harnesses for easy maintenance. Wire nut termination is not acceptable.

o A terminal block for terminating pole wiring to the luminaire that will accommodate #6 thru #18 American Wire Gauge (AWG) pole wire.

LED Performance Requirements:

The luminaire shall meet the chromaticity requirements as follows:

o The standard color for the LED luminaire shall be white. The colors shall conform to the color regions based on the 1931 International Commission on Illumination (CIE) chromaticity diagram.

o Submittals shall be made for luminaires with Nominal Correlated Color

Temperatures of 2,700K ± 300K, 3,000K ± 300K and 3,500K ± 300K and 4,000K ± 300K.

The 4,000K luminaire shall have a minimum luminaire efficacy of 100 lumens/watt.


The luminaire shall have a minimum Color Rendering Index (CRI) of 70.

The Lumen Maintenance Life (L70) from the TM-21 Report must not be below 82% or L82 at 70,000 hours at 25°C ambient for the 3,000K and 4,000K luminaires.

The luminaire shall have an IESNA Backlight, Uplight and Glare (BUG) rating as follows:

o Backlight rating shall not exceed 3.

o Uplight rating shall not exceed 0.

o Glare rating shall not exceed 3.




Minimum Warranty Requirements

Two (2) Year Labor Warranty – any failures replaced at no cost to the City; Five (5) Year Hardware Warranty for fixtures. Proposers must provide the incremental cost, if any, to provide the City with a 10 year fixture warranty.




D. LUMINAIRE PERFORMANCE REQUIREMENTS The proposed LED luminaires will replace the following existing high pressure sodium (HPS) luminaires in the typical street/sidewalk layouts described below.

Type A – 70 watt HPS

Type B – 100 watt HPS

Type C – 150 watt HPS

Type D – 250 watt HPS

Type E – 400 watt HPS

Photometric calculations shall be performed using luminaires for 2,700K, 3,000K, 3,500K and 4,000K correlated color temperatures for each of the layouts provided below. The photometric calculations/measurement points shall be in conformance with IES RP-8-14 and shall use AGi 32 software. Lighting design criteria are based on pavement luminance values with a roadway surface classification of R3. Photometry for 2,700K and 3,500K luminaires may use photometric (.ies) files for3,000K or 4,000K luminaires that are scaled to 2,700L and 3,500K. Original photometric files and scaling factors shall be included in documentation. The following values shall be provided for each layout. All results shall be provided to the nearest hundredth.

Minimum maintained average pavement luminance (cd/m²)

Average uniformity ratio (Lavg/Lmin)

Maximum uniformity ratio (Lmax/Lmin)

Maximum veiling luminance ratio (LVmax/Lavg) Type A Luminaire The Type A fixture will be used for pedestrian/sidewalk lighting. The minimum maintained average pavement luminance shall be 1.00cd/m². The layout should be based on the following criteria:

Sidewalk width = 10’

4’ pole setback from edge of sidewalk

15’ luminaire mounting height

2’ luminaire arm

Single-sided lighting

65’ pole spacing

Type B Luminaire The Type B fixture will be used for local street lighting. The minimum maintained average pavement luminance shall be 0.22cd/m². The layout should be based on the following criteria:

Roadway width = 32’ (2-16’ lanes)




4’ pole setback


6’ luminaire arm


250’ pole spacing

Type C Luminaire The Type C fixture will be used for collector street lighting. The minimum maintained average pavement luminance shall be 0.32cd/m². The layout should be based on the following criteria:

Roadway width = 50’ (4-12.5’ lanes)

4’ pole setback


6’ luminaire arm


200’ pole spacing

Type D Luminaire The Type D fixture will be used for arterial street lighting. The minimum maintained average pavement luminance shall be 0.52cd/m². The layout should be based on the following criteria:


4’ pole setback


6’ luminaire arm


225’ pole spacing

Type E Luminaire The Type E fixture will be used for wide arterial street single sided lighting. The minimum maintained average pavement luminance shall be 0.75cd/m². The layout should be based on the following criteria:


4’ pole setback


6’ luminaire arm


225’ pole spacing All photometric calculations shall be for maintained values using a Light Loss Factor (LLF) as defined below.




LLF = LLD X LDD Lamp Lumen Depreciation factor (LLD) shall be the specified percentage of LED lumen maintenance at 70,000 hours and 25°C from the TM-21 report. Luminaire dirt depreciation (LDD) = 0.90. The proposed luminaires and their performance information shall be submitted in the following format:

Luminaire

Catalog

Number

Input

Wattage

(From IES

File)

Lumen

Output

Efficacy

(LPW)

LLD @

70,000

hours @

25°C

LLD @

70,000

hours @

40°C

Average

Luminance

Lavg (cd/m2)

Average

Uniformity

Ratio

Lavg/Lmin

Maximum

Uniformity

Ratio

Lmax/Lmin

Maximum

Veiling

Luminance

Ratio

LVmax/Lavg Distribution IES Filename

Luminaire A

Luminaire B

Luminaire C

Luminaire D

Luminaire E

LUMINAIRE DATA @ 2,700K

Luminaire

Catalog

Number

Average

Luminance

Lavg (cd/m2)

Average

Uniformity

Ratio

Lavg/Lmin

Maximum

Uniformity

Ratio

Lmax/Lmin

Maximum

Veiling

Luminance

Ratio

LVmax/Lavg

Luminaire A

Luminaire B

Luminaire C

Luminaire D

Luminaire E

LUMINAIRE PERFORMANCE @ 2,700K

Luminaire

Catalog

Number

Input

Wattage

(From IES

File)

Lumen

Output

Efficacy

(LPW)

LLD @

70,000

hours @

25°C

LLD @

70,000

hours @

40°C Distribution Backlight Uplight Glare

IES

Filename

Luminaire A

Luminaire B

Luminaire C

Luminaire D

Luminaire E





Luminaire

Catalog

Number

Average

Luminance

Lavg (cd/m2)

Average

Uniformity

Ratio

Lavg/Lmin

Maximum

Uniformity

Ratio

Lmax/Lmin

Maximum

Veiling

Luminance

Ratio

LVmax/Lavg

Luminaire A

Luminaire B

Luminaire C

Luminaire D

Luminaire E


Luminaire

Catalog

Number

Input

Wattage

(From IES

File)

Lumen

Output

Efficacy

(LPW)

LLD @

70,000

hours @

25°C

LLD @

70,000

hours @


IES

Filename

Luminaire A

Luminaire B

Luminaire C

Luminaire D

Luminaire E


Luminaire

Catalog

Number

Average

Luminance

Lavg (cd/m2)

Average

Uniformity

Ratio

Lavg/Lmin

Maximum

Uniformity

Ratio

Lmax/Lmin

Maximum

Veiling

Luminance

Ratio

LVmax/Lavg

Luminaire A

Luminaire B

Luminaire C

Luminaire D

Luminaire E


Luminaire

Catalog

Number

Input

Wattage

(From IES

File)

Lumen

Output

Efficacy

(LPW)

LLD @

70,000

hours @

25°C

LLD @

70,000

hours @


IES

Filename

Luminaire A

Luminaire B

Luminaire C

Luminaire D

Luminaire E





Luminaire

Catalog

Number

Average

Luminance

Lavg (cd/m2)

Average

Uniformity

Ratio

Lavg/Lmin

Maximum

Uniformity

Ratio

Lmax/Lmin

Maximum

Veiling

Luminance

Ratio

LVmax/Lavg

Luminaire A

Luminaire B

Luminaire C

Luminaire D

Luminaire E


E. LUMINAIRE EVALUATION CRITERIA Luminaires will be reviewed against each of the technical specifications listed in this RFP. If a luminaire is not in compliance with each item in the specification, it will not be considered for further evaluation. The luminaires that comply with the minimum specifications will be further evaluated and scored based on quality of lighting and energy efficiency. Quality of lighting will be evaluated based on:

The following ratios for each of the layouts presented in the Luminaire Performance Requirements section of this RFP.

o Average uniformity ratio (Lavg/Lmin) o Maximum uniformity ratio (Lmax/Lmin) o Maximum veiling luminance ratio (LVmax/Lavg)

Long term lumen maintenance in high ambient temperatures will be evaluated based on the specified percentage of LED lumen maintenance at 70,000 hours and 40°C from the TM-21 report. (Include value in spreadsheet.)

Backlight and Glare from the BUG ratings. (Uplight is required to be 0) Energy efficiency will be evaluated on the luminaire wattage required to meet the light levels shown for each of the layouts in the Luminaire Performance Requirements section of this RFP. All of these criteria shall be tabulated and submitted in the format shown above.

F. MINIMUM REQUIRED SUBMITTALS FOR PROPOSED LED LUMINAIRES

Luminaire specification sheet.

LED driver specification sheet.




LM-79 luminaire photometric report. (Not required for 2,700K and 3,500K luminaires.)

In-situ test data to confirm thermal operating temperatures of the luminaire.

LM-80 Lumen maintenance report. (Not required for 2,700K and 3,500K luminaires.)

TM-21 calculations as defined in this specification. The TM-21 Report must show the drive current used for the submitted luminaire. The report may show a larger drive current to represent a worst case scenario. (Not required for 3,500K luminaires.)

Backlight, Uplight, Glare (BUG) rating of the luminaire.

IES chromaticity data from an LED Lighting Facts approved testing laboratory. (Not required for 2,700K and 3,500K luminaires.)

Computer generated point by point photometric analysis.

IES photometric reports including IES electronic file. (Not required for 2,700K and 3,500K luminaires.)

Written product warranty.

Instructions for installation and maintenance.

A Microsoft Word version of the technical specifications for the LED luminaires will be provided to each potential Offeror. On each line of the provided specification the offeror shall identify in writing where and on which submitted document the luminaire is shown to be in compliance with the minimum specification. A separate Microsoft Word file shall be submitted by the offeror for each luminaire type (A through E) at each correlated color temperature (2,700K, 3,000K, 3,500K and 4,000K) for a total of 20 Word files.

A Microsoft Excel version of the data and performance spreadsheets for the LED luminaires will be provided to each potential offeror. A separate Microsoft Excel file shall be submitted by the offeror for each luminaire type (A through E) at each correlated color temperature (2,700, 3,000K, 3,500K and 4,000K) for a total of 20 Excel files. The offeror shall complete and submit the Microsoft Excel electronic files in .xlsx and .pdf formats.




EXISTING INVENTORY

Item No.

Quantity Voltage Type Wattage

(Nominal/Actual)

1 69 120 HPS 70/85

2 25,289 120 HPS 100/120

3 3,692 120 HPS 150/176

4 10,079 120 HPS 250/293

5 226 120 HPS 400/451

6 30,226 240 HPS 100/120

7 3,563 240 HPS 150/176

8 16,584 240 HPS 250/293

9 700 240 HPS 400/451

10 6,0001 120/2402 HPS 150/176

TOTALS 96,428

1. Approximately 1,000 intersections with between 4 and 8 luminaires, assumed 6. 2. An intersection will be wired/configured with either 120 Volt or 240 Volt fixtures.




G. EVALUATION PROCESS AND SPECIAL INSTRUCTIONS

The City is accepting proposals based on three distinctly different sourcing models for this project which include a straight capital purchase by the city for the fixtures and adaptive controls, an energy services contract model to provide for the installation and maintenance of its lighting system, and all other financing models to provide for the capital purchase of the equipment. Each type of offer shall be evaluated against other comparable models by the City’s evaluation team utilizing the evaluation criteria listed below for each specific type. Proposers can submit on one or more sourcing models, provided however, that each offer is submitted separately. Each submission must be clearly marked as to the type of offer made to the City and each offer must contain a separate cost proposal/financial model for consideration by the City. Proposers shall adhere to the proposal format and instructions contained within this document. Any offers with a significant amount of missing or incomplete information shall be deemed non-responsive.

H. EVALUATION CRITERIA AND FORMAT


Each Proposal has two parts: a Technical component and a Price (“Cost” or “Pricing”) component. Each Proposal will be evaluated on its technical and cost merits by a panel of reviewers. *Proposers shall not offer more than one manufacturer and two series of luminaires. The Proposal Evaluation Criteria (listed in relative order of importance) are as follows:

Evaluation Criteria for City Capital Purchase Life-Cycle Cost of Installation Up to 275 pts

Quality of Lighting Solution Up to 300 pts Value Added Services Up to 75 pts Experience, Qualifications, and Approach to Scope Up to 250 pts Project Implementation Schedule Up to 100 pts Total available points: 100




I. EVALUATION DEFINITION Life-Cycle Cost of Installation The Total Cost of the Project to the City including the 15-year maintenance cost minus the 15-year savings of the project as deemed by local utilities using an assumed electricity cost of $0.07/kWh in the first year and 1% average utility escalation rate. The incremental energy savings that will result from a more rapid implementation schedule will be included in the life-cycle cost assessment. Quality of Lighting Solution Quality of the lighting solution includes, but is not limited to, the light quality, uniformity of light distribution, reduced light pollution, energy savings, anticipated maintenance costs and the ability to add additional options in the future with add-on controls or cameras. A warranty failure will be considered a lumen output of less than 70% of original lumen output. If it drops below 70% in the warranty period, as measured by a third party, the replacement cost will be covered under the warranty. Value-Added Services Value-added services include services such as public outreach campaigns to notify affected residents of project, lane restrictions, etc, and extended fixture warranties, and any other project enhancement provided to the city. 10-Year or greater warranty (Criteria = Length of warranty and number of days to supply and replace failed fixtures). Vendors must provide two warranty options: (a) A full replacement (at no cost to the City) in the first two years with an additional 3-year product replacement and (b) a full replacement (at no cost the city) for 5 years. In addition, vendors must provide the incremental cost to extend the above two warranty options to 10 years. Experience, Qualifications, and Approach to Scope Fiscal strength of organization & deemed ability to complete project. Project Implementation Schedule

Provide a schedule of work consistent with the requirements of the Scope of Work. Vendors should be aware that installation hours will vary by street and the permit issued by the City.

XI - ENERGY SERVICES CONTRACT



ENERGY SERVICES CONTRACT




A. INTRODUCTION The successful Proposer will provide the City with labor, materials, supplies, equipment, facilities, disposal, photometric analyses, digital reports, and processing for all utility rebates and rate schedules associated with the conversion program. This program will replace mostly high pressure sodium (HPS), cobra head and shoebox style street light fixtures to LED or equivalent to the City. The work to be done consists of furnishing and installing new LED energy efficient lighting fixtures, removal and disposal/recycling of existing HPS lighting fixtures, and maintaining existing electrical systems working during construction, and providing on-going maintenance for the project. No used, refurbished, reconditioned, or rebuilt parts or products shall be used, unless otherwise approved by the City in writing; all street lights shall be fully operational each night unless due to a power fault issue.

In addition, to meet the minimum qualifications for selection, interested ESCOs must:

1) Be a NAESCO Accredited Energy Service Providers (ESP); 2) Have experience performing GIS audits of street light infrastructure; 3) Have experience designing and implementing LED street light conversions,

to include at least three projects completed through an ESPC within the past two years;

4) Have experience designing and implementing LED street light projects that include a wireless street light control system.

Minimum Warranty Requirements

Two (2) Year Labor Warranty – any failures replaced at no cost to the City; Five (5) Year Hardware Warranty for fixtures. Proposers must provide the incremental cost, if any, to provide the City with a 10 year fixture and labor warranty.

Specifically, the Contractor selected will be required to complete the following tasks:

Phase 1: Project Development

1.1 Conduct detailed investigation of APS / SRP billing records and GIS maps to establish ownership and eligibility for replacement.

1.2 Develop and submit required paperwork to reconcile street light billing records and confirm rebate eligibility.

1.3 Prepare detailed pricing estimate(s) representing all project options under consideration.

1.4 Develop energy (kWh), Greenhouse Gas (GHG) and energy cost savings models to ensure results and cost-effectiveness of project options.




1.5 Discuss and confirm recommendations with the City to finalize project details and render Scope of Work.

1.6 Conduct an investment grade energy audit.

Phase 2: Project Implementation 2.1 Conduct final review of all energy savings and construction cost estimates

with the City to ensure accuracy and compliance. 2.2 Purchase qualified luminaires from a vendor authorized by the fixture

manufacturer. Contractor shall warrant all labor and replace defective light luminaires and parts thereof for a period of two years from the date of project acceptance.

2.3 Manage deliveries and staging of material to site including any secured storage considerations.

2.4 Provide Traffic Control plans based on the latest City’s Traffic Barricaded Manual as necessary to be reviewed and approved by the Traffic Services Division under the Street Transportation Department and obtain all required permits.

2.5 Participate in the development and implementation of community outreach and notification plan to ensure project awareness and minimize traffic impact.

2.6 During installation, comply with all requirements to ensure replacement luminaires receive utility rebates if eligible and LED electric rate schedule

Accurately populate the City Street Light Conversion Worksheet

Ensure each newly installed luminaire has been tagged/recorded with the correct wattage sticker consistent with American National Standard For Roadway Lighting Equipment, ANSI C136.15

Obtain and provide accurate digital GIS data for all luminaires using GPS technology, including existing LED street lights

2.7 Install replacement luminaires. Provide all necessary equipment including City approved 20-year fail off photo cell, hardware, adapters, and any other materials necessary for a quality installation. Ensure installation quality, compliance with project schedule, and proper disposal and/or recycling of old luminaires.

2.8 City shall meet with Contractor to review installation schedule, work safety, public safety, and waste material handling procedures and requirements.

2.9 Inspect final work with City and correct any outstanding punch list items or deficiencies identified by both the City and the Proposer.

2.10 Test lights to ensure that they work and identify location where repair needs City assistance.

2.11 Recommend cleaning schedule to maintain lumen output.




2.12 Schedule and attend weekly progress meetings with City staff to discuss ongoing implementation progress and other issues arising due to the conversion program.

2.13 During the implementation phase, the successful Proposer shall coordinate with the City’s existing street lighting maintenance contractor.

2.14 The Contractor will provide documentation of a disposal and recycle plan associated with the removal and disposal of the City’s existing street light assets which are replaced by the new LED light fixtures. This removal/disposal of the existing street lights shall not be a separate pay item and shall be included in the proposed unit price for supply and installation of the LED street light fixtures. The plan should include a revenue sharing proposal for the funds of any material that is recycled.

Phase 3: Project Completion

3.1 Following City acceptance, produce final project reporting documentation to the City Project Manager. 3.2 Provide administrative effort required to process and receive all available rebates from Arizona Public Service (APS) Salt River Project (SRP). (continuous process through various construction phases.) 3.3 Provide records of all newly installed LED street lights in the form of electronic GIS records including all wattages, pole numbers, locations and other associated information.

Phase 4: Project Maintenance

4.1 Provide City with a maintenance plan for project including who the Proposer will respond to questions, requests or comments on street lighting.

B. LED LUMINAIRE TECHNICAL SPECIFICATIONS General Requirements: The proposer shall identify the manufacturer and series of LED luminaires that are proposed for use on this project. Only one manufacturer and a maximum of two series of luminaires are allowed for use on this project. The proposer shall identify the exact model and catalog number of each luminaire to meet the requirements of the following specifications. If the manufacturer introduces a newer technology in the same series of LED luminaires prior to ordering the fixtures, the successful bidder may submit the new fixture to the City for approval at no additional cost to the City. If a fixture is lower in cost, the successful proposer shall provide the city with credit for the price differential.




The luminaire shall be an fully integrated assembly. Retrofits that reuse portions of the existing fixtures will not be accepted. The luminaire shall comply with the measurement, performance and safety standards listed below.

The entire fixture including internal components and as a whole unit shall be either Underwriters Laboratories (UL) certified, Canadian Standards Association (CSA) international certified or equivalent.

The luminaire shall be listed and labeled by a Nationally Recognized Testing Laboratory (NRTL) as being in compliance with UL 1598 and suitable for use in wet locations.

The luminaire shall be in compliance with the following UL standards (latest approved):

o 8750 Light Emitting Diode (LED) Light Sources for Use in Lighting Products o 1012 Power Units other than Class 2 o 2108 Low Voltage Lighting Systems

The luminaire shall start and operate in an ambient temperature range of -40°C to 50°C. In-SITU Temperature Measurement Test ISTMT) data is required for a minimum temperature range of -40°C to 40°C for the luminaires submitted in this proposal. Testing to 50°C must be submitted and approved for the luminaires prior to installation. The ISTMT laboratory must be approved by OSHA as a NRTL, must be qualified, verified and recognized through the U.S. Department of Energy (DOE) CALiPER program, or must be recognized through UL’s Data Acceptance Program.

The light sources and drivers shall be Restriction of Hazardous Substances (RoHS) compliant.

The luminaire shall have an International Electrotechnical Commission (IEC) 529 Ingress Protection (IP) rating of IP 66 or greater for the optical assemblies of the luminaire.

The power supply shall meet or exceed Federal Communications Commission (FCC) 47 Part 15/18 to achieve consumer interference emission limits.

The power supply shall have a minimum Class A sound rating per ANSI Standard C63.4.

The luminaire shall be in compliance with American National Standards Institute (ANSI) C78.377.2011 – Specifications for the Chromaticity of Solid-State Lighting Products.




The luminaire shall be tested according to Illuminating Engineering Society of North America (IESNA) LM-79-08 - IESNA Approved Method: Electrical and Photometric Measurements of Solid-State Lighting Products.

The luminaire shall have lumen maintenance measured in accordance with IESNA LM-80-08 – IESNA Approved Method: Measuring Lumen Maintenance of LED Lighting Sources.

The luminaire shall have long term lumen maintenance documented according to IESNA TM-21-11 – Projecting Long Term Lumen Maintenance (LM) of LED Light Sources.

The luminaire shall have LM-79 testing conducted by a National Voluntary Laboratory Accreditation Program (NVLAP) accredited lab or a lab that is qualified, verified and recognized through DOE’s CALiPER program.

The luminaire shall be classified in accordance with IESNA TM-15-07 Luminaire Classification System for Outdoor Luminaires, Addendum A: Backlight, Uplight and Glare (BUG) ratings.

Luminaire Housing Requirements:

The luminaire housing shall be constructed of cast aluminum housing with a corrosive resistant powder coat finish in gray or dark bronze. No parts shall be polycarbonate. The surface treatment shall withstand a minimum of 3,000 hours for salt and fog condition in accordance with testing performed per ASTM Standard B117.

All hardware on the exterior of the housing including cover and latch shall be stainless steel, zinc, or steel with zinc alloy electroplate and chromate top coat.

A die-cast trigger latch or stainless steel tool-less screw on the door frame shall allow for tool-less entry and enable easy and secure opening with one hand.

The door assembly shall have a safety latch to prevent the door from falling when opening.

The luminaire shall have readily accessible internal parts.

The driver must be internally mounted, easily accessible, replaceable and thermally separated from the optical compartment.




The luminaire shall mount on nominal 2 inch (2 3/8 OD) horizontal tenon.

Two and four bolt mounting must provide 3G vibration rating per American Standards Institute and Institute of Electrical and Electronics Engineers (IEEE) C136.31.

The mounting assembly shall permit ±5 degrees adjustment for leveling in a minimum of 5 steps.

The luminaire shall have an integrated bubble level.

The luminaire housing shall have passive cooling fins integrated as part of the housing for heat dissipation (no vents, internal fans or moving parts) and be designed for water shedding and to be self-cleaning.

The luminaire shall have field installable and manufacture installed options for house side light shields.

The luminaire shall not weigh more than 35 pounds when fully assembled and installed.

The luminaire shall have an effective projected area of no more than 1.2 square feet (when viewed from either side or either end).

The luminaire shall have a 7-prong twist-lock photo-electric control receptacle (PECR) in accordance with ANSI C136.41-2013. The driver dimming leads shall be wired to prongs four and five. The PECR shall be rotatable up to 359 degrees. Housing shall provide 360 degree stop to prevent the internal twisting of PECR wire assemblies resulting in potential electrical short. The PECR shall be connected to the same voltae as the luminaire.

The luminaire shall be labeled internally and externally in accordance with ANSI C136.15.

Electrical Requirements:

The power supply shall fully operate in a temperature range no less than -20º C to 50° C.

The electronic driver shall have the following:

o Rated life of 100,000 hours based on thermal data for the driver case temperature in the luminaire at a 25°C ambient temperature.




o Input voltage of 120 to 277 volt at 60 Hz.

o Output frequency >120 to avoid visible flicker.

o A power factor of 0.90 or greater at full load.

o A total harmonic distortion of 20% or less at full load.

o Thermal overload protection.

o Self-limited short circuit protected and over load protected.

o Electrical components that are protected per ANSI/IEEE Standard C62.41, for Category C (10kv/5ka) applications. The transient suppressor is not required to be RoHS compliant.

o Driver case shall meet Ingress Protection (IP) 66 standards.

o Capable of 0-10V dimming.

o Terminated with quick disconnect wire harnesses for easy maintenance. Wire nut termination is not acceptable.

o A terminal block for terminating pole wiring to the luminaire that will accommodate #6 thru #18 American Wire Gauge (AWG) pole wire.

LED Performance Requirements:

The luminaire shall meet the chromaticity requirements as follows:

o The standard color for the LED luminaire shall be white. The colors shall conform to the color regions based on the 1931 International Commission on Illumination (CIE) chromaticity diagram.

o Submittals shall be made for luminaires with Nominal Correlated Color

Temperatures of 2,700K ± 300K, 3,000K ± 300K and 3,500K ± 300K and 4,000K ± 300K.



The luminaire shall have a minimum Color Rendering Index (CRI) of 70.

The Lumen Maintenance Life (L70) from the TM-21 Report must not be below 82% or L82 at 70,000 hours at 25°C ambient for the 3,000K and 4,000K luminaires.




The luminaire shall have an IESNA Backlight, Uplight and Glare (BUG) rating as follows:

o Backlight rating shall not exceed 3.

o Uplight rating shall not exceed 0.

o Glare rating shall not exceed 3.

C. LUMINAIRE PERFORMANCE REQUIREMENTS The proposed LED luminaires will replace the following existing high pressure sodium (HPS) luminaires in the typical street/sidewalk layouts described below.

Type A – 70 watt HPS

Type B – 100 watt HPS

Type C – 150 watt HPS

Type D – 250 watt HPS

Type E – 400 watt HPS

Photometric calculations shall be performed using luminaires for 2,700K, 3,000K, 3,500K and 4,000K correlated color temperatures for each of the layouts provided below. The photometric calculations/measurement points shall be in conformance with IES RP-8-14 and shall use AGi 32 software. Lighting design criteria are based on pavement luminance values with a roadway surface classification of R3. Photometry for 2,700K and 3,500K luminaires may use photometric (.ies) files for 3,000K or 4,000K luminaires that are scaled to 2,700L and 3,500K. Original photometric files and scaling factors shall be included in documentation. The following values shall be provided for each layout. All results shall be provided to the nearest hundredth.

Minimum maintained average pavement luminance (cd/m²)

Average uniformity ratio (Lavg/Lmin)

Maximum uniformity ratio (Lmax/Lmin)

Maximum veiling luminance ratio (LVmax/Lavg) Type A Luminaire The Type A fixture will be used for pedestrian/sidewalk lighting. The minimum maintained average pavement luminance shall be 1.00cd/m². The layout should be based on the following criteria:

Sidewalk width = 10’

4’ pole setback from edge of sidewalk





2’ luminaire arm


65’ pole spacing

Type B Luminaire The Type B fixture will be used for local street lighting. The minimum maintained average pavement luminance shall be 0.22cd/m². The layout should be based on the following criteria:

Roadway width = 32’ (2-16’ lanes)

4’ pole setback


6’ luminaire arm


250’ pole spacing

Type C Luminaire The Type C fixture will be used for collector street lighting. The minimum maintained average pavement luminance shall be 0.32cd/m². The layout should be based on the following criteria:


4’ pole setback


6’ luminaire arm


200’ pole spacing

Type D Luminaire The Type D fixture will be used for arterial street lighting. The minimum maintained average pavement luminance shall be 0.52cd/m². The layout should be based on the following criteria:


4’ pole setback


6’ luminaire arm


225’ pole spacing

Type E Luminaire The Type E fixture will be used for wide arterial street single sided lighting. The minimum maintained average pavement luminance shall be 0.75cd/m². The layout should be based on the following criteria:





4’ pole setback


6’ luminaire arm


225’ pole spacing All photometric calculations shall be for maintained values using a Light Loss Factor (LLF) as defined below. LLF = LLD X LDD Lamp Lumen Depreciation factor (LLD) shall be the specified percentage of LED lumen maintenance at 70,000 hours and 25°C from the TM-21 report. Luminaire dirt depreciation (LDD) = 0.90. The proposed luminaires and their performance information shall be submitted in the following format:

Luminaire

Catalog

Number

Input

Wattage

(From IES

File)

Lumen

Output

Efficacy

(LPW)

LLD @

70,000

hours @

25°C

LLD @

70,000

hours @

40°C

Average

Luminance

Lavg (cd/m2)

Average

Uniformity

Ratio

Lavg/Lmin

Maximum

Uniformity

Ratio

Lmax/Lmin

Maximum

Veiling

Luminance

Ratio

LVmax/Lavg Distribution IES Filename

Luminaire A

Luminaire B

Luminaire C

Luminaire D

Luminaire E


Luminaire

Catalog

Number

Average

Luminance

Lavg (cd/m2)

Average

Uniformity

Ratio

Lavg/Lmin

Maximum

Uniformity

Ratio

Lmax/Lmin

Maximum

Veiling

Luminance

Ratio

LVmax/Lavg

Luminaire A

Luminaire B

Luminaire C

Luminaire D

Luminaire E





Luminaire

Catalog

Number

Input

Wattage

(From IES

File)

Lumen

Output

Efficacy

(LPW)

LLD @

70,000

hours @

25°C

LLD @

70,000

hours @


IES

Filename

Luminaire A

Luminaire B

Luminaire C

Luminaire D

Luminaire E


Luminaire

Catalog

Number

Average

Luminance

Lavg (cd/m2)

Average

Uniformity

Ratio

Lavg/Lmin

Maximum

Uniformity

Ratio

Lmax/Lmin

Maximum

Veiling

Luminance

Ratio

LVmax/Lavg

Luminaire A

Luminaire B

Luminaire C

Luminaire D

Luminaire E


Luminaire

Catalog

Number

Input

Wattage

(From IES

File)

Lumen

Output

Efficacy

(LPW)

LLD @

70,000

hours @

25°C

LLD @

70,000

hours @


IES

Filename

Luminaire A

Luminaire B

Luminaire C

Luminaire D

Luminaire E


Luminaire

Catalog

Number

Average

Luminance

Lavg (cd/m2)

Average

Uniformity

Ratio

Lavg/Lmin

Maximum

Uniformity

Ratio

Lmax/Lmin

Maximum

Veiling

Luminance

Ratio

LVmax/Lavg

Luminaire A

Luminaire B

Luminaire C

Luminaire D

Luminaire E





Luminaire

Catalog

Number

Input

Wattage

(From IES

File)

Lumen

Output

Efficacy

(LPW)

LLD @

70,000

hours @

25°C

LLD @

70,000

hours @


IES

Filename

Luminaire A

Luminaire B

Luminaire C

Luminaire D

Luminaire E


Luminaire

Catalog

Number

Average

Luminance

Lavg (cd/m2)

Average

Uniformity

Ratio

Lavg/Lmin

Maximum

Uniformity

Ratio

Lmax/Lmin

Maximum

Veiling

Luminance

Ratio

LVmax/Lavg

Luminaire A

Luminaire B

Luminaire C

Luminaire D

Luminaire E


D. LUMINAIRE EVALUATION CRITERIA Luminaires will be reviewed against each of the technical specifications listed in this RFP. If a luminaire is not in compliance with each item in the specification, it will not be considered for further evaluation. The luminaires that comply with the minimum specifications will be further evaluated and scored based on quality of lighting and energy efficiency. Quality of lighting will be evaluated based on:

J. The following ratios for each of the layouts presented in the Luminaire Performance Requirements section of this RFP. o Average uniformity ratio (Lavg/Lmin) o Maximum uniformity ratio (Lmax/Lmin) o Maximum veiling luminance ratio (LVmax/Lavg)

K. Long term lumen maintenance in high ambient temperatures will be evaluated based on the specified percentage of LED lumen maintenance at 70,000 hours and 40°C from the TM-21 report. (Include value in spreadsheet.)

L. Backlight and Glare from the BUG ratings. (Uplight is required to be 0) Energy efficiency will be evaluated on the luminaire wattage required to meet the light levels shown for each of the layouts in the Luminaire Performance Requirements section of this RFP. All of these criteria shall be tabulated and submitted in the format shown above.




E. MINIMUM REQUIRED SUBMITTALS FOR PROPOSED LED LUMINAIRES

Luminaire specification sheet.

LED driver specification sheet.

LM-79 luminaire photometric report. (Not required for 2,700K and 3,500K luminaires.)

In-situ test data to confirm thermal operating temperatures of the luminaire.

LM-80 Lumen maintenance report. (Not required for 2,700K and 3,500K luminaires.)

TM-21 calculations as defined in this specification. The TM-21 Report must show the drive current used for the submitted luminaire. The report may show a larger drive current to represent a worst case scenario. (Not required for 3,500K luminaires.)

Backlight, Uplight, Glare (BUG) rating of the luminaire.

IES chromaticity data from an LED Lighting Facts approved testing laboratory. (Not required for 2,700K and 3,500K luminaires.)

Computer generated point by point photometric analysis.

IES photometric reports including IES electronic file. (Not required for 2,700K and 3,500K luminaires.)

Written product warranty.

Instructions for installation and maintenance.

A Microsoft Word version of the technical specifications for the LED luminaires will be provided to each potential Offeror. On each line of the provided specification the offeror shall identify in writing where and on which submitted document the luminaire is shown to be in compliance with the minimum specification. A separate Microsoft Word file shall be submitted by the offeror for each luminaire type (A through E) at each correlated color temperature (2,700K, 3,000K, 3,500K and 4,000K) for a total of 20 Word files.




A Microsoft Excel version of the data and performance spreadsheets for the LED luminaires will be provided to each potential offeror. A separate Microsoft Excel file shall be submitted by the offeror for each luminaire type (A through E) at each correlated color temperature (2,700, 3,000K, 3,500K and 4,000K) for a total of 20 Excel files. The offeror shall complete and submit the Microsoft Excel electronic files in .xlsx and .pdf formats.




EXISTING INVENTORY

Item No.

Quantity Voltage Type Wattage

(Nominal/Actual)

1 69 120 HPS 70/85

2 25,289 120 HPS 100/120

3 3,692 120 HPS 150/176

4 10,079 120 HPS 250/293

5 226 120 HPS 400/451

6 30,226 240 HPS 100/120

7 3,563 240 HPS 150/176

8 16,584 240 HPS 250/293

9 700 240 HPS 400/451

10 6,0001 120/2402 HPS 150/176

TOTALS 96,428

1. Approximately 1,000 intersections with between 4 and 8 luminaires, assumed 6. 2. An intersection will be wired/configured with either 120 Volt or 240 Volt fixture




F. DEVELOPMENT OF BASELINE COSTS

In order to reduce energy costs and improve energy efficiency with its existing street lighting system, The City of Phoenix would like to explore energy savings project models. Due to the timing of this project, proposers will be asked to base offers on a baseline replacement of up to 100,0000 streetlights. Proposers will be provided with two (2) years of utility records from Arizona Public Service and Salt River Project in addition to calculation of annual utility costs provided by the City. Proposers shall include separate line items the cost of adaptive controls, operation and maintenance savings, and other line items as outlined on Attachment A. The cost for a formal energy audit shall be included in each respondent’s Offer as it is the City’s desire to conduct an audit to verify the Proposer’s baseline estimate upon contract award. Include this cost on the “Development Phase Fee” line item of the price proposal. By way of example, enhancements could include:

Incremental cost of the making some or all of the system "technology ready" for specific enhancements

Creating a Wi-Fi network in specific geographic locations Adding cameras, temperature sensors, sound detection, parking monitoring,

dimming or other controls The Proposer shall perform the following turnkey services described in this section. The Citywide Streetlight LED Conversion project shall be completed by December 31, 2018 and all rebates and rate changes shall be completed by February 28, 2019. The City reserves the right to modify the scope of services at its discretion. Given the project will result in substantial annual energy savings, the incremental energy savings associated with shorter implementation schedules will be included in the life-cycle cost assessment performed by the City.




G. ADDITIONAL INSTALLATION REQUIREMENTS The successful Proposer is responsible for identification and recording of the badge number and other critical information, for each pole on the construction plans provided by the City, as well as, inspection of the poles general condition, wire leads and connection within the hand hole at the bottom of the pole, wire and fixture tabs/labels, removal of the existing fixture, proper disposal of the existing fixture ballast and lamps, removal and disposal of all dirt debris and packaging materials, installation of the new LED fixture by proper distribution type for the area or road way, intersection etc., installation of all required controls, sensors or other appurtenances involved with the controls equipment. The successful Proposer shall be responsible for providing all required equipment, rigging, man lifts, misc. items and incidental hardware required for a complete a fully functional installation. The installation must be field tested for intended function prior to calling for inspection. In the rare instances where a traffic video detection camera is receiving power from an intersection safety light, the Consultant shall disconnect the existing fixture, install the new LED fixture and provide power to the video detection camera through an approved method by the City. No additional cost shall be charged to the City for the down time. A price quote shall be submitted to the City to perform the City approved method to provide power to the video detection camera no later than 2 days after the discovery. In the scenario where a fixture wattage is not labeled in the construction plans, the consultant is responsible for verifying, recording and installing the proper fixture. Daily Reports: The Subcontractor shall provide daily reports from each of the crew leaders on a daily basis, identifying quantities and badge numbers installed per crew., as well as, a daily roster signed by each crew member. A list of poles in an incomplete state shall be provided to the City’s CM daily when function cannot be attained. The report shall include the pole by badge number, any materials required to resolve the issue, and whether the issue is outside the scope of work. The badge number and other identifiers shall be tracked and the subcontractor shall maintain weekly follow up with the City on the incomplete work until completed. Additional conditions to note shall include but are not limited to:

a. Missing or incorrect pole numbers b. Unusable mast arms/fitting c. Overhead conflicts (power lines, etc) d. Bad/missing ground e. Bad wiring/wiring devices




f. Photocells for non-converted streetlights/circuits g. Obstructed streetlights (trees, other) h. Additional pole located within design area that are not in the construction

plans. Weekly Reports: The successful Proposer shall provide a weekly progress report which shall be accompanied by an updated Critical Path Schedule. The report shall detail the progress of the overall project by quantities of fixtures installed and commissioned per day and week. The successful Proposer shall indicate in the report any delays which will impact the completion of the project. The intent of the report is to communicate any critical information that will improve coordination and help plan the future work. Traffic Control: The successful Proposer shall comply with the 2012 Manual on Uniform Traffic Control Devices Edition (MUTCD) for all traffic control related activities. The City will have the right to revise the traffic control as they see fit and safe. Working Days: The successful Proposer will have a total of thirty (30) working days from the day the notice to proceed is issued to complete every aspect of work outlined in PART II - CONSTRUCTION AND MANAGEMENT. Measurement and Payment: The successful Proposers costs shall include any and all labor, materials, equipment and meeting all the requirements in this RFP. Guarantee: The successful Proposer shall warrant and guarantee that all material and equipment used or furnished and all workmanship are of the type and quality specified herein. The successful Proposer shall further guarantee that any latent fault in construction or defective material discovered within one year after acceptance of the work shall be remedied by him without cost to the City, upon written notice given to him. Other subsequent latent defects shall be covered by responsibilities set forth in the law. In the event of failure to comply with the above-mentioned conditions within a reasonable time after notice, the City will have the defects repaired and made good at the expense of the successful Proposer, who agrees to pay the costs and charges therefore immediately upon demand. The signing of the resultant Agreement by the successful Proposer shall constitute execution of the above guarantees. The Faithful Performance Bond shall remain in full effect during the guarantee period and will not be released until the expiration of such period.




PART III – DOCUMENTATION Rate Changes: The successful Proposer(s) is responsible for working with Street Transportation staff and the utility companies to make sure all the streetlights that are specified in the construction plans are converted into a lower rate that was originally intended. Rebates: The successful Proposer(s) is responsible for working with local utilities to capture the one-time rebates provided by the utility companies. The successful Proposer(s) shall arrange for collected utility company rebates to be delivered to the City. The successful Proposer will have a total of twenty (20) calendar days after the last streetlight has been installed to provide the City with the one time rebate in the amount agreed upon by both parties, unless told otherwise by the City. As-Builts: After the completion of the Scope of Work, the successful Proposer shall provide marked up “As-Builts” (in GIS format) to the City for final recording of new streetlight infrastructure. As-Builts shall be presented to the City in a format where it will be easy to convert the information over to our GIS database. Recycling: The successful Proposer will be responsible for recycling all streetlight fixtures in a responsible matter. The Consultant must provide proof of recycling to the City. Additionally, the removal/disposal of the existing street lights shall not be a separate pay item and shall be included in the proposed unit price for supply and installation of the LED street light fixtures. The plan should include a revenue sharing proposal for the funds of any material that is recycled.




H. EVALUATION PROCESS AND SPECIAL INSTRUCTIONS

The City is accepting proposals based on three distinctly different sourcing models for this project which include a straight capital purchase by the city for the fixtures and adaptive controls, an energy services contract model to provide for the installation and maintenance of its lighting system, and all other financing models to provide for the capital purchase of the equipment. Each type of offer shall be evaluated against other comparable models by the City’s evaluation team utilizing the evaluation criteria listed below for each specific type. Proposers can submit on one or more sourcing models, provided however, that each offer is submitted separately. Each submission must be clearly marked as to the type of offer made to the City and each offer must contain a separate cost proposal/financial model for consideration by the City. Proposers shall adhere to the proposal format and instructions contained within this document. Any offers with a significant amount of missing or incomplete information shall be deemed non-responsive.

I. EVALUATION CRITERIA AND FORMAT



PROPOSAL EVALUATION CRITERIA – (listed in relative order of importance): Evaluation Criteria for Energy Services Contract Models

Firm Experience implementing LED Up to 250 pts Conversions including Subcontractors Energy savings and project cost guarantees Up to 450 pts Including project financing and energy audit Quality of Lighting Solution Up to 200 pts




Experience with utility incentive programs Up to 100 pts. Total available points: 1000 Firm Experience implementing LED conversions including Subcontractors Evaluation shall be based upon the Proposers key members of staff to be assigned including professionally certified and/or licensed staff as necessary to the City’s contract including their roles and estimated participation in delivering the services. Additionally, responses will be evaluated based upon the Proposer’s ability to:

1) Ability to provide an investment-grade Technical Energy Audit to identify energy conservation opportunities at the Agency’s facilities and prepare the corresponding project development plan.

2) Demonstrated ability to measure and verify the operation of the improvements; and;

3) Has the Proposer identified and describe at least three Led street light projects of similar scope which they have been awarded and/or completed within the last two years.

4) Has the Proposer provided their firm’s experience in implementing wireless street light control projects as part of an LED street light conversation?

Energy Savings and Project Cost Guarantees including Project Financing and Energy Audit Submittals will be scored based upon the Proposers cost proposal.

1) Did the Proposer provide guarantee the energy savings; arising from their services/work.

2) Did the firm describe its energy and cost savings guarantee policies and procedures, including remedies when actual savings are lower than the guarantee, as well as options for the length of savings guarantee.

3) Did the firms describe their approach when project cost guarantees and remedies when project exceed the guaranteed maximum cost.

4) Did the firm describe its equipment performance guarantee policies and procedures, including information on its warranty enforcement roll, if any, when there is an equipment failure beyond the warranty period?

Cost of Project of Financing. Firms are awarded points based upon the cost of their project financing in comparison to other proposers and the cost of financing which can be obtained by the City. Also included in this evaluation factor it the cost of the proposed 15-




year maintenance cost minus the 15-year savings of the project as deemed by local utilities using an assumed electricity cost of $0.07/kWh in the first year and 1% average utility escalation rate. The incremental energy savings that will result from a more rapid implementation schedule will be included in the life-cycle cost assessment. Submittals will additionally be scored based upon the cost to complete an Energy Audit on behalf of the city to determine the total number of streetlights in the city’s network and associated energy costs. Quality of Lighting Solution Quality of the lighting solution includes, but is not limited to, the light quality, uniformity of light distribution, reduced light pollution, energy savings, anticipated maintenance costs and the ability to add additional options in the future with add-on controls or cameras.

1) Did the Proposer describe its firm’s approach to selecting and competitively procuring LED luminaires and control system for LED street light conversion projects?

2) Did the Prosper provide details on their approach to selecting and competitively procuring the services of installation sub-contractors for LED street light projects?

Experience with utility incentive programs Evaluation shall be based upon the Proposers key members of staff to be assigned experienced in successfully working with government agencies and local utility companies to achieve the highest possible incentives for the client.

3) Did the proposer adequately detail its experience securing utility incentives and grants for its customers?

4) Did the Prosper provide details on the amount of incentives and grants achieved on behalf of its clients?

XII – OTHER FINANCING MODELS



.

OTHER FINANCING MODELS




XII. OTHER FINANCING MODELS A. EVALUATION REQUIREMENTS

The City is accepting proposals based on three distinctly different sourcing models for this project which include a straight capital purchase by the city for the fixtures and adaptive controls, an energy services contract model to provide for the installation and maintenance of its lighting system, and all other financing models to provide for the capital purchase of the equipment. Each type of offer shall be evaluated against other comparable models by the City’s evaluation team utilizing the evaluation criteria listed below for each specific type. Proposers can submit on one or more sourcing models, provided however, that each offer is submitted separately. Each submission must be clearly marked as to the type of offer made to the City and each offer must contain a separate cost proposal/financial model for consideration by the City. Proposers shall adhere to the proposal format and instructions contained within this document. Any offers with a significant amount of missing or incomplete information shall be deemed non-responsive. Provide pursuant to a tax-exempt lease purchase agreement with the City of Phoenix for financing for streetlight energy savings measures. Properly completed responses will include:

B. EVALUATION CRITERIA AND FORMAT



Evaluation Criteria for other Financing Models

Corporate Experience Up to 250 pts Corporate Experience with LED Financing Up to 250 pts Experience with utility incentive programs Up to 100 pts Project Financing Terms Up to 200 pts




Project Finance Term Guarantee Up to 200 pts Value Added Services/Benefits to City Up to 50 pts Total available points: 1000 The narrative portion and the materials presented in response to this Request for Proposal shall be submitted with the Price component as set forth in the Submittal, Section IX. Corporate Experience Demonstration of the fiscal strength of the organization and ability to complete the project. Proposers will be evaluated on the history of the organization including years in operation and years of direct experience in proposed financing model, the size and the number of governmental clients the firm has successful provided services to. Corporate Experience with LED Financing Proposers will be evaluated on the staff experience of those proposed to conduct the municipal financing for the city's LED conversion projects. Proposals shall be evaluated on the experience of proposed staff, years of related direct experience, current number of municipal agency clients they have assisted with financing their LED projects. Experience With Utility Incentive Programs Evaluation shall be based upon the Proposers key members of staff to be assigned experienced in successfully working with government agencies and local utility companies to achieve the highest possible incentives for the client. Project Financing Terms Cost of proposed financing to the City of Phoenix. Proposers will be evaluated on specific pricing details including, but not limited to:

o If the proposal includes an ownership option whether the Proposer identified relevant information and included price and other relevant information pertaining to terms and conditions of their respective offer.

o Did the Proposer explain assumptions on tax credits, incentives, or other external payments or programs that support the economics of the project? Did the proposer explain how pricing or other terms were dependent upon these assumptions?

o If the Proposer explained assumptions for financing, regardless of whether the city of Phoenix is part of financing.




o Schedule of payments and amortization schedule including any purchase options

o Escrow information and contact, Escrow Agreement and List of Fees o Name of any Secondary Lenders that will provide funding for this project; o Copy of the Proposer’s prosed Agreement to be utilized for the financing; o If your proposal requires an asset transfer from the city of Proposer, what

are the terms and conditions and are they favorable to the city? o What is the term of financing, are there any pre-payment penalties, or

other fees associated with the project financing? o What is the proposed interest rate? o Did the Proposer detail all assumptions made within their cost proposal?

Project Financing Term Guarantee What assurance has the proposer provided for the financial terms offer? Has the Proposer described what happens if revenues are actually below or above the original estimate? Has the Proposer disclosed any use of revenue generating adaptive controls for this project and how the revenues would be split by the City and the Proposer? Value Added Services/Benefits to City Innovative financing solutions which minimizes project costs to the City of Phoenix.




Documents

CITY OF PHOENIX€¦ · (Professional Services) Street Transportation Department RFP 63-0022 Requested Service: CITY OF PHOENIX ENERGY SAVING STREET LIGHT CONVERSION PROJECT Proposal