CITY OF PHOENIX PUBLIC TRANSIT DEPARTMENT REQUEST · PDF filecity of phoenix public transit department request for proposals rfp ptd15-004 transit facilities maintenance services pre-proposal

CITY OF PHOENIX

PUBLIC TRANSIT DEPARTMENT

REQUEST FOR PROPOSALS

RFP PTD15-004

TRANSIT FACILITIES MAINTENANCE SERVICES

PRE-PROPOSAL CONFERENCE: JANUARY 7, 2015

9:00 A.M. MST (LOCAL TIME) 302 NORTH FIRST AVENUE, ROOM 7A

PHOENIX, AZ 85003

PROPOSAL DUE DATE: FEBRUARY 12, 2015

2:00 P.M. MST (LOCAL TIME) 302 NORTH FIRST AVENUE, SUITE 900

PHOENIX, AZ 85003

City of Phoenix Contact: Kimberly Hayden, Contracts Specialist II

Office: (602) 256-3239 FAX: (602) 495-2002

[email protected]

CITY OF PHOENIX PUBLIC TRANSIT DEPARTMENT

RFP PTD15-004 – TRANSIT FACILITIES MAINTENANCE SERVICES

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TABLE OF CONTENTS

SECTION PAGE

1. INTRODUCTION

1.1 Introduction .................................................................................................... 1 1.2 Contractual Relationship ................................................................................ 1 1.3 Goals and Objectives ..................................................................................... 1 1.4 Schedule of Events ........................................................................................ 2 1.5 Solicitation Transparency Policy ................................................................... 2 1.6 Pre-proposal Conference ............................................................................... 3 1.7 Site Visit ........................................................................................................ 3 1.8 Definition of Key Terms ................................................................................. 3

2. SCOPE OF WORK

2.1 Background ................................................................................................... 6 2.2 Site Description ............................................................................................. 6 2.3 General Requirements ................................................................................. 14 2.4 Service Overview ......................................................................................... 15 2.5 Facilities Trade Elements ............................................................................. 18 2.6 Building Fire Safety and Special Systems .................................................... 20 2.7 Interior and Exterior Building Repairs........................................................... 21 2.8 Painting ....................................................................................................... 21 2.9 Hardware and Lock Systems ....................................................................... 22 2.10 Emergency Repairs ..................................................................................... 22 2.11 Landscaping/Irrigation Systems ................................................................... 22 2.12 Pest Control ................................................................................................. 23 2.13 Utilities ......................................................................................................... 23 2.14 Accounting, Record Keeping and Reports ................................................... 23 2.15 Additional Services ...................................................................................... 25 2.16 FMC Employees and Subcontractors........................................................... 26 2.17 Property Damage Administration ................................................................. 27 2.18 Facility Renovation/Refurbishment .............................................................. 27 2.19 Security, Contract Workers Identification and Facility Access ...................... 27 2.20 Authorized Pesticides .................................................................................. 28 2.21 Drywell Maintenance (West Transit Facility Only) ........................................ 29 2.22 Recycling Programs ..................................................................................... 31 2.23 Environmental Assessment and Testing ...................................................... 32 2.24 Technology Requirements ........................................................................... 32 2.25 Computerized Maintenance Management System Requirements ................ 32 2.26 Energy Management Program ..................................................................... 32 2.27 Improvements to Work Scope ...................................................................... 32 2.28 Liquidated Damages .................................................................................... 33



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SECTION PAGE

3. INSTRUCTIONS TO PROPOSERS

3.1 Inquires ........................................................................................................ 35 3.2 Proposal Submittal Instructions .................................................................... 35 3.3 Proposer Responsibility ............................................................................... 36 3.4 Proposal Guidelines. .................................................................................... 37 3.5 Proposal Format .......................................................................................... 37 3.6 Price Proposal ............................................................................................. 39 3.7 Financial Responsibility ............................................................................... 39 3.8 Proposer Exceptions .................................................................................... 40 3.9 Addenda ...................................................................................................... 40 3.10 Proposer Rights ........................................................................................... 41 3.11 City Reservation of Rights ........................................................................... 41 3.12 Late Proposals Not Considered ................................................................... 41 3.13 RFP Inconsistencies or Error ....................................................................... 41 3.14 Proposer Errors or Omissions ...................................................................... 41 3.15 Proposer Incurred Costs .............................................................................. 41 3.16 Modification or Withdrawal of Proposal ........................................................ 42 3.17 Proposer Certification .................................................................................. 42 3.18 Discounts ..................................................................................................... 42 3.19 City’s Right to Disqualify for Conflict of Interest ............................................ 42 3.20 Covenant Against Contingent Fees ............................................................. 42 3.21 Execution of Agreement............................................................................... 42

4. EVALUATION AND AWARD

4.1 Proposal Evaluation, Negotiation and Selection ........................................... 44 4.2 Evaluation Committee .................................................................................. 44 4.3 Proposal Selection Process ......................................................................... 44 4.4 Evaluation Procedure .................................................................................. 46 4.5 Evaluation of Competitive Proposals ........................................................... 46 4.6 Protest Procedure ........................................................................................ 49

5. SPECIAL TERMS AND CONDITIONS

5.1 Method of Payment and Invoicing ................................................................ 50 5.2 Price ........................................................................................................... 51 5.3 Addition/Deletion of Services ....................................................................... 51 5.4 Unsatisfactory Performance ......................................................................... 51 5.5 Pre-commencement Meeting ....................................................................... 51 5.6 Contract Reviews......................................................................................... 51 5.7 Workmanship ............................................................................................... 52 5.8 Indemnification of City Against Liability ........................................................ 52 5.9 Insurance Requirements .............................................................................. 53 5.10 Contractor and Subcontractor Worker Background Screening ..................... 57 5.11 Access Controls, Badge and Key Access Procedures ................................. 59



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SECTION PAGE

6. GENERAL TERMS AND CONDITIONS

6.1 Affirmative Action Requirement.................................................................... 62 6.2 Non-waver of Liability .................................................................................. 62 6.3 Contract Oversight ....................................................................................... 62 6.4 Licenses and Permits .................................................................................. 62 6.5 Legal Worker Requirements ........................................................................ 63 6.6 Exclusive Possession .................................................................................. 63 6.7 Work for Hire, Ownership of Intellectual Property Rights.............................. 63 6.8 Damage to City Property.............................................................................. 63 6.9 Contractor Incurred Risks ............................................................................ 63 6.10 Continuity of Services .................................................................................. 64 6.11 Failure to Comply......................................................................................... 64 6.12 Contract Closeout ........................................................................................ 64 6.13 Transition Cooperation Agreement .............................................................. 64 6.14 Environmental Management – Interior and Exterior ..................................... 65 6.15 Environmentally Preferred Product .............................................................. 66 6.16 Hazardous Material Requirements (MSDS) ................................................. 75 6.17 Compliance with Hazardous Materials Management ................................... 77 6.18 Compliance with Storm Water permit Conditions ......................................... 77 6.19 Compliance with Arizona Department of Environmental Quality................... 77

7. FEDERAL TRANSIT ADMINISTRATION (FTA) REQUIRED CLAUSES

7.1 No Obligation by the Federal Government ................................................... 78 7.2 Program Fraud and False or Fraudulent Statements or Related Acts .......... 78 7.3 Access to Records … .................................................................................. 79 7.4 Federal Changes ......................................................................................... 79 7.5 Civil Rights................................................................................................... 79 7.6 Termination.................................................................................................. 80 7.7 Incorporation of FTA Terms ......................................................................... 82 7.8 Certification Regarding Debarment and Suspension .................................... 82 7.9 Buy America ................................................................................................ 82 7.10 Disputes ...................................................................................................... 83 7.11 Lobbying ...................................................................................................... 83 7.12 Clean Air ...................................................................................................... 84 7.13 Clean Water ................................................................................................. 84 7.14 Fly America.................................................................................................. 84 7.15 Privacy Act................................................................................................... 84 7.16 Energy Conservation ................................................................................... 85 7.17 Access Requirements for Persons with Disabilities ...................................... 85 7.18 Disadvantaged Business Enterprise Program .............................................. 86



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SECTION PAGE

8. SUBMITTAL FORMS

8.1 Price Proposal ............................................................................................ 96 8.2 Certification Form ...................................................................................... 102 8.3 Payment Terms ......................................................................................... 103 8.4 Addenda Certification ................................................................................ 105 8.5 Debarment and Suspension Certification ................................................... 106 8.6 Lobbying Certification ................................................................................ 107 8.7 Free Competitive Proposing Affidavit ......................................................... 108 8.8 Buy America Certification ........................................................................... 109

ATTACHMENTS

Attachment A – Outreach Efforts (DBE Form) Attachment B-1 – Negotiations with Small Businesses Attachment B-2 – Small Business Utilization Commitment Attachment C - Draft Agreement Attachment D – Draft Contract Oversight Plan



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EXHIBITS

The following exhibits are considered part of the RFP and will be incorporated, as such, in any resultant contract. Exhibits are available on the CITY website: https://www.phoenix.gov/solicitations

Click “Public Transit” then select “RFP PTD15-004 Transit Facilities Maintenance Services”

Exhibit A North Transit Facility Site Plan Exhibit B South Transit Facility Site Plan Exhibit C South Transit Facility Upgrades to Site Plan Exhibit D West Transit Facility Site Plan Exhibit E Central Station Transit Center Site Plan Exhibit F Ed Pastor Transit Center Site Plan Exhibit G Metrocenter Transit Center Site Plan Exhibit H Desert Sky Transit Center Site Plan Exhibit I Paradise Valley Transit Center Site Plan Exhibit J Sunnyslope Transit Center Site Plan Exhibit K 79th Ave Park-and-Ride Site Plan Exhibit L Pecos Park-and-Ride Site Plan Exhibit M 27th Ave & Baseline Park-and-Ride Site Plan Exhibit N Shea & SR51 Park-and-Ride Site Plan Exhibit O Bell Road & SR51 Park-and-Ride Site Plan Exhibit P Happy Valley Park-and-Ride Site Plan Exhibit Q Bell Road & I-17 Park-and-Ride Site Plan Exhibit R Future Baseline & 24th Street Park-and-Ride Site Plan Exhibit S Future Desert Sky Transit Center Site Plan Exhibit T Fixed Asset Inventory - North Transit Facility Exhibit U Fixed Asset Inventory - South Transit Facility Exhibit V Fixed Asset Inventory - West Transit Facility Exhibit W Fixed Asset Inventory – Other Locations Exhibit X Technology and Telecommunication Requirements Exhibit Y Facility Damage - Incident Report Procedure Exhibit Z Security, Access, Controls and Badging Information Exhibit AA Hazardous Building Materials Program Exhibit BB Hazardous Building Materials Policy Exhibit CC International Union of Operating Engineers Local 428 Agreement

https://www.phoenix.gov/solicitations



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SECTION 1 – INTRODUCTION

1.1 INTRODUCTION

The City of Phoenix Public Transit Department (CITY) invites proposals from qualified firms interested in providing facilities maintenance services for CITY-owned transit properties, in accordance with the specifications and provisions contained herein. The contract shall commence on August 9, 2015 and expire June 30, 2020.

1.2 CONTRACTUAL RELATIONSHIP

The information in this RFP is not intended to completely define the proposed contractual relationship to be entered into by the CITY and the successful Proposer. Proposers are advised to read carefully the Draft Contract (Attachment C), to which the successful Proposer will be bound. These contract terms may be amended at the sole discretion of the CITY at any time during the RFP process and/or prior to Contract award.

1.3 GOALS AND OBJECTIVES

It is the responsibility of the CITY to provide effective and efficient maintenance for the transit facilities which support over 500 buses providing public transportation to the region. The goals are:

Provide high quality, safe, secure and well maintained transit operating facilities, transit centers and park-and-rides.

Maintain critical operating facilities that can operate during minor utility outages and emergencies.

Operate a system with a minimum goal of 90% or better on scheduled planned maintenance by the original equipment manufacturer (OEM) and CITY approved guidelines.

Produce and follow a CITY approved comprehensive, detailed Facilities Maintenance Plan.

Achieve effective communication with CITY and transit operation staff at the facilities.

Produce complete, transferable and timely electronic reports and facilities maintenance records for all site components.

Reduce operating costs by attending regular meetings with staff and colleagues to obtain information for continuous improvement and improve maintenance efficiency.

Maintain a safe work environment for contractors and staff through well-maintained equipment, regularly monitored schedules, and the use of reasonable risk control techniques.



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1.4 SCHEDULE OF EVENTS

The schedule outlines the tentative schedule of major activities of the RFP process. The CITY reserves the right to amend this schedule if necessary.

Date

Event

December 9, 2014

Notice of RFP posted on the CITY’s internet site

January 7, 2015

Pre-proposal conference (9:00 a.m. MST)

January 7, 2015

Facility site visits (following pre-proposal conference)

January 9, 2015

Last date for submission of written inquiries (5:00 p.m. MST)

February 12, 2015

Proposal package submission deadline (2:00 p.m. MST)

March 2, 2015

Proposal interviews (if requested)

April 16, 2015

Notice of award recommendation

August 9, 2015

Contract start date

1.5 SOLICITATION TRANSPARENCY POLICY

Beginning on the date the RFP is issued and until the date the Contract is awarded or the RFP withdrawn, all persons or entities that respond to this RFP (PTD15-004) to provide facility maintenance services, including their authorized employees, agents, representatives, proposed partner(s), subcontractor(s), joint venturer(s), member(s), or any of their lobbyists or attorneys, (collectively, the Proposer) shall refrain from any direct or indirect contact with any person (other than the designated Contracting Officer) who may play a part in the selection process, including members of the evaluation panel, the City Manager, Assistant City Manager, Deputy City Managers, Department heads, the Mayor and other members of the Phoenix City Council. As long as the RFP is not discussed, Proposers may continue to conduct business with the CITY and discuss business that is unrelated to this RFP with CITY staff. Proposers may discuss their proposal or the RFP with the Mayor or one or more members of the Phoenix City Council, provided such meetings are scheduled through the Contracting Officer, Mr. Jim Campion, conducted in person at 200 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



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for posting the meetings. The posted notice will identify the participants and the subject matter, as well as invite the public to participate. With respect to the selection of the successful Proposer, 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 proposers. This policy is intended to create a level playing field for all Proposers, assure that contracts are awarded in public, and protect the integrity of the selection process. Proposers that violate this policy will be disqualified.

1.6 PRE-PROPOSAL CONFERENCE

Proposers are strongly encouraged to attend the pre-proposal conference. The pre-proposal conference will be held Wednesday, January 7, 2015, 9:00 a.m. MST (local time), in conference room 9A in the Public Transit Building, located on the 9th floor at 302 N. First Avenue, Phoenix, Arizona 85003. The terms, conditions, and scope of work will be reviewed and discussed. Technical questions will not be addressed at the pre-proposal conference or site visit but may be submitted in writing in accordance with RFP Section 3.1 “Inquires.”

1.7 SITE VISIT

A one-time walk-through site inspection of the three (3) transit facilities will be conducted following the pre-proposal conference. Proposers will receive site visit information and directions at the pre-proposal conference. Please allow approximately two (2) hours for each site. In addition, the CITY requests proposals for maintenance service and trade repairs at two (2) smaller transit sites, Central Station Transit Center and the Sunnyslope Transit Center. The CITY transit system has twelve (12) other locations that will require trades maintenance on an as needed basis. Proposers should visit all sites and familiarize themselves with site conditions. Submission of a proposal will be prima facie evidence that the Proposer is, in fact, aware of all conditions affecting performance and proposal prices.

1.8 DEFINITION OF KEY TERMS

A.R.: City of Phoenix Administrative Regulation. A.R.S.: Arizona Revised Statutes.



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Agreement: The contract to be negotiated and entered into by the CITY and a successful Proposer for the Work described in this RFP. Authorized Signee: The person who is executing the contract for the Proposer and is authorized to bind the Proposer. BAFO: Best and Final Offer. CFR: Code of Federal Regulation. City: The City of Phoenix, a municipal corporation. Contract: The legal agreement executed between the City of Phoenix and the successful Proposer. Contract Administrator: The CITY employee assigned to ensure compliance with the terms of the contract. Contracting Officer: The CITY contact person responsible for all matters regarding this RFP. Contractor: A successful Proposer who enters into a contract with the CITY to provide the services specified in this RFP. Facilities Maintenance Contractor (FMC): The successful Proposer who is awarded the contract as a result of this RFP. Facilities Maintenance Manager (FMM): Local staff that will be the contact person or persons on behalf of the FMC and is responsible for monitoring the FMC’s performance under the contract. Facilities Service Coordinator (FSC): The CITY employee responsible for overseeing the facilities maintenance contract. Fiscal Year: A year that begins on July 1 and ends in the following year on June 30. FTA: Federal Transit Administration. May: Indicates something that is not mandatory but permissible. Original Equipment Manufacturer (OEM): Manufacture of equipment that often provides the manufactures service and preventative maintenance details. Performance: The ability of a Proposer to comply with the required Scope of Work and specifications and to function in a reliable and otherwise satisfactory manner under actual operating conditions. Also, the ability of a Proposer to comply, during the expected



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contract life, with all contractual terms and conditions specified in this RFP. Phoenix Public Transit: A department within the City of Phoenix that owns and operates transit service for the CITY; the largest member of the regional transit system (Valley Metro). Project Manager: The Public Transit Department Facilities employee or employees who have specifically been designated to act as a contact person or persons on the Contractor, and responsible for monitoring and overseeing the Contractor’s performance under this contract. Proposal: A written document submitted by a Proposer in response to the Request for Proposals. Proposer: Any person or firm submitting a competitive proposal. Public Transit Director: The person who has the capacity to execute the contract for the CITY and has complete and final authority except as limited herein. Shall, Will, Must: Indicates a mandatory requirement. Transit Operations Contractor (TOC): Contractor occupying the transit facility and operating transit service from that facility. Work/Service: Any and all of the labor, material, services, supervision, tools, machinery, equipment, supplies, facilities, and support used by Contractor in accordance with achieving the specification and requirements for which the CITY has contracted with the Contractor as called for by the agreement and necessary to the completion thereof. Working Days: Normal business days of CITY offices, unless otherwise specifically

noted.



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SECTION 2 – SCOPE OF WORK 2.1 BACKGROUND

The CITY is seeking a qualified Contractor to provide complete facilities maintenance services for Public Transit facilities, which includes three (3) transit facilities, six (6) transit centers, and eight (8) park-and-ride locations. The transit facilities and Central Station Transit Center are high usage sites and shall be serviced on a routine schedule which shall be designated as Tier 1. The other locations shall be serviced semi-annually and designated as Tier 2.

2.2 SITE DESCRIPTIONS

2.2.1 North Transit Facility (Tier 1) The North Transit Facility (NTF) is located at 2010 West Desert Cove Avenue, Phoenix, Arizona. The site includes an operation and maintenance building, service and fueling areas, vehicle washing facilities, and three (3) parking areas. A site plan of the facility is provided as Exhibit A – North Transit Facility Site Plan. This facility was designed and sized for the maintenance and operation of a fleet of 132 buses, not including support vehicles. The facility has four (4) separate automated gated driveway entrances for buses, employees, and visitor parking accessed from Desert Cove Avenue. The site was originally constructed in 1981 and has gone through numerous upgrades and renovations with the latest in July 2013 encompassing various elements throughout the site.

A. Space Allocation – The Facilities Maintenance Contractor (FMC) will be allocated office and work space for its employees as allowed by designated space through the CITY.

B. Furniture – The FMC will be responsible for providing furniture for its

employees. C. Electric, voice and data – The facility is equipped with electrical outlets

based on the space plan. The FMC will be responsible for providing any additional outlets, wiring, or cables needed for electric, voice and data. The FMC shall be responsible for providing the necessary communication systems required for work at the facility. Installation of new cables must be coordinated with CITY staff.

D. Employee/Visitor Parking - The employee/visitor parking area will

accommodate 233 vehicles with seven (7) reserved ADA accessible spaces. The employee parking area is accessed through a controlled gate. The visitor parking is accessed prior to the controlled gate on the south of the parking area. Personal vehicles shall be parked only in areas designated for employee or visitor parking.



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E. Bus Parking - The bus parking area will accommodate 132 buses all under shaded canopies. In addition, there are spaces to accommodate nine (9) non-revenue support vehicles.

F. Operations Facility - The operations and maintenance areas are joined to

form one 36,535 sq. ft. building. The operations/administration area of the building includes approximately 11,000 sq. ft. on the ground level and 7,115 sq. ft. on the upper mezzanine area. The building includes space for bus operator locker rooms and personnel spaces, dispatch and training offices, telecommunications/IT server rooms, a lobby, and space for CITY personnel.

G. Maintenance Facilities – The maintenance area includes a 17,200 sq. ft. shop with eleven (11) maintenance bays; nine (9) for general service, one (1) for tire changing and one (1) for the steam cleaning of vehicles. The maintenance area also includes component shops, space for maintenance administration, parts storage, mechanic locker rooms and personnel spaces, and a facility maintenance shop. Neither body work (body filler, sealers, etc. with volatile organic compounds, sealers, sanding, etc.) nor painting is allowed in the maintenance facility.

H. Fueling Facilities – The fueling area consists of a fueling building, bus fueling and cleaning lanes, and fuel storage. The fueling building includes space for service personnel, and bus cleaning and servicing supplies and equipment. The multiple fueling lanes are equipped with three (3) LNG dispensers, three (3) CNG dispensers, two (2) diesel dispensers and one (1) unleaded gasoline dispenser. Fuel storage area consists of two (2) 20,000 gallon underground diesel storage tanks; one (1) 2,500 gallon underground unleaded gasoline storage tanks; two (2), 20,000 gallon above-ground liquefied natural gas storage tanks with a CNG conversion station; and related pumps, piping and controls and equipment.

I. Washing and Inspection Facilities – North of the fueling and cleaning area

is the washing/inspection area. The washing/inspection area consists of one (1) bus washing bay and one (1) bus inspection bay. The Contractor is responsible for providing all consumables (e.g. soap and salt) for the bus wash system.

J. Security – The facility is equipped with an identification card access system, closed-circuit television (CCTV) surveillance system, and an intrusion detection system. The southeast corner of the operations/ maintenance building has a security office, where security staff is positioned to view and restrict site access to employee and visitor personnel only. Access to any areas of the facility will be granted or verified via positive identification by the Phoenix Police Department’s Municipal Security Guards stationed at the facility or via identification card access. At the west end bus entrance off of Desert Cove there is a security kiosk. This entrance is restricted to



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official vehicle traffic only. Access is granted through this entrance via positive identification by the Municipal Security Guard stationed at the kiosk or via identification card access.

K. Fare Collection Building – A fare collection building is located on the northwest corner of the operations/maintenance building. The fare collection area is positioned to facilitate access to incoming buses.

2.2.2 South Transit Facility (Tier 1) The South Transit Facility (STF) is located at 2225 West Lower Buckeye Road, Phoenix, Arizona. The site includes an operation and maintenance building, service and fueling areas, vehicle washing facilities, and three (3) parking areas. A site plan of the facility is provided as Exhibit B – South Transit Facility Site Plan. The facility is located south of Lower Buckeye Road on 22nd Avenue. The facility was designed and sized for the maintenance and operation of a fleet of 220 buses and 29 support vehicles. Currently the facility has two (2) entrance driveways. The main drive for buses and support vehicles is located at the tee intersection at Lower Buckeye Road and 22nd Avenue. The second drive is located on 22nd Avenue south of Lower Buckeye Road. This drive serves as the access entrance for site employees and visitors. The site main structure was built in 1983 and has gone through numerous upgrades and expansions. The STF is scheduled for a site-wide refurbishment in 2015. The proposed site plan upgrades are available for review in Exhibit C – South Transit Facility Upgrades to Site Plan. The current site attributes are listed in paragraphs A-M below.

A. Space Allocation - The FMC will be allocated office and work space to its employees as allowed by designated space through the CITY.

B. Furniture - The FMC will be responsible for providing furniture for its employees.

C. Electric, voice and data - The facility is equipped with electrical outlets

based on the space plan. The FMC will be responsible for providing any additional outlets, wiring, or cables needed for electric, voice and data. FMC shall be responsible for providing the necessary communication systems required for work at the facility. Installation of new cables must be coordinated with CITY staff.

D. Parking Facilities – The employee/visitor parking area will accommodate

384 vehicles, including 12 reserved ADA and 21 motorcycle and bicycle spaces. The employee/ visitor parking area accesses the main facility property through a controlled access gate. Employees will be issued access cards; visitors are given access after pressing an alert button and speaking with security staff through the facility’s camera and intercom system. Personal vehicles shall be parked only in areas designated for employee or visitor parking.



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E. Bus Parking – Four (4) canopies provide shelter to 103 buses located on the western end of the facility property. The remaining 117 bus parking spaces are located north of the canopies and maintenance building and support vehicle shop.

F. Operations Facility – The operations and maintenance areas are joined to

form one 87,000 sq. ft. building. The operations/ administration on the west end of the building includes approximately 11,000 sq. ft. split between two (2) floors. This section of the building includes space for bus operator locker rooms and personnel spaces; dispatch and administration offices and houses the telecommunications/IT server room for the facility.

G. Maintenance Facilities – The maintenance area includes a 76,000 sq. ft. shop with 27 maintenance bays. The maintenance area also includes component shops, space for fleet maintenance administration, parts storage, mechanic locker rooms and personnel spaces. Included in this building are offices and a shop for CITY staff to maintain the facility and provide quality assurance oversight of the bus fleet maintenance. The mezzanine in this section includes an additional area for parts and a break room.

H. The Administration Building includes two (2) levels of office and training

conference room space. The first floor contains 9,000 sq. ft. of office space including (3) three training rooms. On the upper mezzanine is an additional 2,000 sq. ft. of office and meeting space.

I. Attached by a sun canopy to the Administration Building is the Fare

Collections Building. This 2,000 sq. ft. building houses site security and is the gateway/check-point for employees and visitors. The fare collection area is positioned to facilitate access to incoming buses.

J. Warehouse and Support Vehicle Shop - The warehouse and support

vehicle shop are housed under one roof and provide the large parts warehousing and the repair shop for supports vehicles. The warehouse includes over 9,500 sq. ft. of storage space and one (1) office. The support vehicle shop located on the east end of the building consists of 3,500 sq. ft. of working space.

K. Fueling Facilities and Tire Shop – The fueling area consists of a fueling

building, bus fueling and cleaning lanes, fuel storage and tire shop with drive lane. The fueling building includes space for service personnel and bus cleaning and servicing supplies and equipment. The fueling area includes two (2) all-purpose lanes and one LNG-only fueling lane adjacent to the LNG fuel storage island. Cleaning and servicing is also performed in all three (3) areas. One (1) fuel island is equipped with a compressed natural gas dispenser and one (1) unleaded gasoline dispenser which neither is currently commissioned. The fueling area is equipped with four



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(3) LNG dispensers and four (4) diesel dispensers, four (4) vacuum stations, consumable fluids service reels and related tanks, and a fluid management system controller. Fuel storage area consists of five (5) - 20,000 gallon underground diesel storage tanks; one (1) – uncommission 6,000 gallon underground unleaded gasoline storage tank; one (1) – uncommission 10,000 s.c.f. compressed natural gas storage tank system; three (3) - 30,000 gallon above-ground liquefied natural gas storage tanks; and related pumps, piping and controls and equipment. The tire shop has storage and staging for tire repair and mounting. Adjacent to the tire shop is a covered drive bay accompanied with a ground lift to support the bus fleet.

L. Washing and Inspection Facilities – Just west of the fueling and cleaning area is the washing/inspection area. The washing/inspection area consists of one (1) bus washing bay and one (1) bus inspection bay.

M. Security – The facility is equipped with an identification card access system,

closed-circuit television (CCTV) surveillance system, and an intrusion detection system. The main entrance is controlled by a security check point located at the T-intersection of 22nd Avenue and Lower Buckeye Road. The employee entrance security checkpoint is located on the south end of the complex adjacent to the Fare Collections and Personnel building. Security staff at this checkpoint control visitor and employee traffic from the south parking lot. The complex is covered by over 30 surveillance cameras and is staffed by security personnel 24 hours a day. Access to any areas of the facility will be granted or verified via positive identification by the Police Transit Bureau Municipal Security Guards stationed at the facility or via identification card access.

2.2.3 West Transit Facility (Tier 1) The West Transit Facility (WTF) is located at 405 North 79th Avenue, Phoenix, Arizona. The facility sits at the northeast corner of 79th Avenue and Van Buren Street. A site plan of the facility is provided as Exhibit D – West Transit Facility Site Plan. The facility was designed and sized for the maintenance and operation of a fleet of 250 buses, not including support vehicles. The facility has two (2) entrances off of 79th Avenue, and an emergency entrance off of Van Buren Street. The southernmost entrance off of 79th Avenue is for facility employees and visitors. The northernmost entrance off of 79th Avenue is for buses, support vehicles, and deliveries. This complex was completed in November 2007.

A. Space Allocation – The FMC will be allocated office and work space to its employees as allowed by designated space through the CITY.

B. Furniture - The FMC will be responsible for providing furniture for its employees.



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C. Electric, voice and data - The facility is equipped with electrical outlets based on the space plan. The FMC will be responsible for providing any additional outlets, wiring, or cables needed for electric, voice and data. FMC shall be responsible for providing the necessary communication systems required for work at the facility. Installation of new cables shall be coordinated with CITY.

D. Parking Facilities - At the southern entrance there are three (3) parking lots.

One (1) parking area and main entrance area will accommodate seventeen (17) visitor parking spaces and a drop off area for employees. The northern parking lot is adjacent to the operations and administration building and will accommodate 228 employee vehicles. The southern parking lot is adjacent to the maintenance building and will accommodate 139 employee vehicles. All three (3) parking areas have designated parking for persons with disabilities. All three (3) parking lots have shade canopies. The two (2) employee parking lots are accessible only via access control system.

E. Bus parking - The first and largest area is for bus vehicle parking. This

area is sized for 250 bus spaces dedicated for each specific vehicle. All bus vehicle parking spaces have shade canopies. Support vehicle parking is also provided in various areas around the site.

F. Maintenance Facility - The second area at the south end of the site is the

maintenance building. This building is equipped with twenty-two (22) maintenance bays, service pits, fluid service tanks, component shops, maintenance administration, parts storage, mechanic locker rooms and personnel spaces, and facility maintenance shop. The building totals 97,660 sq. ft.

G. Administration Facilities - The third area in the middle of the site is the

operations and administration building. The building includes space for bus operator locker rooms and personnel spaces, dispatch, training, offices, telecommunications/IT server rooms, lobby, and CITY personnel. The building totals 19,960 sq. ft.

H. Servicing and Fueling Facilities - The fourth area at the northwest corner is

the fueling/cleaning area. This area is comprised of a fueling building, fueling and cleaning bus lanes, and fuel storage. The fueling building includes space for fueling personnel, bus cleaning and servicing supplies and equipment, and fare collection. The fueling area is comprised of four (4) fueling, cleaning, and servicing lanes. Each lane is equipped with a diesel dispenser, a liquefied natural gas dispenser, compressed natural gas dispenser, bus vacuum station; consumable fluids, related tanks, service reels, and fluid management system controller. The fuel storage area is comprised of three (3) 20,000 gallon underground diesel storage tanks, one (1) 10,000 gallon underground unleaded gasoline storage tank, three (3) 10,000 s.c.f. compressed natural gas storage tank system, two (2) 30,000



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gallon above ground liquefied natural gas storage tanks, and related pumps, piping and controls equipment. The fueling building and canopied fueling area total 10,115 sq. ft.

I. Washing and Inspection Facilities - The fifth area just south of the

fueling/cleaning area is the washing/inspection area. The washing/ inspection area is comprised of two (2) bus washer bays, two (2) undercarriage chassis wash bays, one (1) chassis dynamometer bay, one (1) brake inspection bay, and a facilities maintenance shop. The washing/inspection area totals 10,536 sq. ft.

J. Security – The facility is equipped with access control system, CCTV

surveillance system, and intrusion detection system. At the northern entrance off of 79th Avenue, there is a security kiosk. This entrance is restricted to official vehicle traffic only. Access is granted through this entrance via positive identification by the Municipal Security Guard stationed at the kiosk or via access control system.

2.2.4 Central Station Transit Center (Tier 1) The Central Station Transit Center is located at 300 North Central Avenue, Phoenix, Arizona. Central Station is on a 2.6-acre site (See Exhibit E – Central Station Transit Center Site Plan). The facility originally opened in 1997 and was renovated in 2011. The center is a regional hub for bus and Metro Light Rail. Facility Amenities - The site provides an evaporative cooled point of sales area for fare media, vending machines and public restrooms. The facility also houses office space for Public Transit staff, 24 hour Public Transit Police staff and an area break room for bus operators.

2.2.5 Ed Pastor Transit Center (Tier 2) The Ed Pastor Transit Center is located at 10 West Broadway Road, Phoenix, Arizona (See Exhibit F – Ed Pastor Transit Center Site Plan). The facility opened in February 2003 and includes passenger shelters, security office, ADA improvements, security camera system, and landscaping. The site provides fare media sales and public restrooms. The facility also houses office space for Public Transit staff and Public Transit Police staff.

2.2.6 Metrocenter Mall Transit Center (Tier 2) The Metrocenter Mall Transit Center is located at 9451 North Metro Parkway, Phoenix, Arizona (See Exhibit G – Metrocenter Transit Center Site Plan). The facility opened in 1986 and includes passenger seating, security office, ADA improvements, camera system, shaded parking canopies, and landscaping. The site provides fare media sales and security services. This property is leased by the City of Phoenix.



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2.2.7 Desert Sky Mall Transit Center (Tier 2) The Desert Sky Mall Transit Center is located at 7611 West Thomas Road, Phoenix, Arizona (See Exhibit H – Desert Sky Transit Center Site Plan). The facility opened June 1989 and includes a forty (40’) foot bus pad with passenger seating, light poles, two (2) coolers, and landscaping. This property is leased by the City of Phoenix.

2.2.8 Paradise Valley Mall Transit Center (Tier 2) The Paradise Valley Mall Transit Center is located 4623 East Paradise Village Parkway North, Phoenix, Arizona (See Exhibit I – Paradise Valley Transit Center Site Plan). The facility opened February 1991 and includes passenger seating, water fountains, private restroom, access control and camera system, bicycle lockers, and landscaping. This property is leased by the City of Phoenix.

2.2.9 Sunnyslope Transit Center (Tier 2) The Sunnyslope Transit Center is located at 8927 North 3rd Street, Phoenix, Arizona (See Exhibit J – Sunnyslope Transit Center Site Plan). The facility opened in 1989 and includes passenger seating, ADA improvements, access control and security camera system, shaded parking, private restroom, and landscaping. The site provides fare media sales and security services.

2.2.10 79th Avenue/I-10 Park-and-Ride (Tier 2)

The 79th Avenue Park-and-Ride is located at 7805 West McDowell Road, Phoenix, Arizona (See Exhibit K – 79th Ave Park-and-Ride Site Plan). The facility was built in 2007 and includes passenger seating, access control and security camera system, shaded parking, security office, and landscaping.

2.2.11 40th Street/Pecos Road Park-and-Ride (Tier 2)

The 40th Street and Pecos Park-and-Ride is located at 17010 South 40th Street, Phoenix, Arizona (See Exhibit L – Pecos Park-and-Ride Site Plan). The facility was built in 2003 and includes passenger seating, bicycle racks, shaded parking, security camera system, security office, and landscaping. The facility was expanded in 2009 with 500 additional shaded parking spaces.

2.2.12 27th Avenue/Baseline Road Park-and-Ride (Tier 2)

The 27th Avenue and Baseline Park-and-Ride is located at 2727 West Baseline Road, Phoenix, Arizona (See Exhibit M – 27th Ave & Baseline Park-and-Ride Site Plan). The facility was built in 2012 and includes passenger seating, shaded parking, access control and security camera system, security office, and landscaping.

2.2.13 Shea Boulevard/SR51 Park-and-Ride (Tier 2)

The Shea Boulevard and SR-51 Park-and- Ride, also known as “Dreamy Draw,” is located at 10203 North 32nd Street, Phoenix, Arizona (See Exhibit N – Shea & SR51 Park-and-Ride Site Plan). The facility was built in 1997 and expanded in 2002 and includes shaded parking, security camera system, security office, and landscaping.



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2.2.14 Bell Road/SR51 Park-and-Ride (Tier 2)

The Bell Road and SR-51 Park-and-Ride is located at 3535 East Bell Road, Phoenix, Arizona (See Exhibit O – Bell Road & SR 51 Park-and-Ride Site Plan). The facility was built in 2003 and includes shaded parking, security camera system, security office, and landscaping.

2.2.15 Happy Valley Road Park-and-Ride (Tier 2)

The Happy Valley Road Park-and-Ride is located at 24725 North 29th Avenue, Phoenix, Arizona (See Exhibit P – Happy Valley Park-and-Ride Site Plan). The facility was built in 2011 and includes passenger seating, shaded parking, access control and security camera system, security office, private restroom, and landscaping. This property is leased by the City of Phoenix.

2.2.16 Bell Road/I17 Park-and-Ride (Tier 2)

The Bell Road and I-17 Park-and-Ride is located at 16808 North Black Canyon Highway, Phoenix, Arizona (See Exhibit Q – Bell Road & I-17 Park-and-Ride Site Plan). The facility was built in 2000 and includes shaded parking, security camera system, security office, and landscaping.

2.2.17 24th Street/Baseline Road Park-and-Ride (Future Site - Tier 2)

This facility is under construction and will be located near the northeast corner of 24th Street and Baseline Road, Phoenix, Arizona (See Exhibit R – Future Baseline & 24th Street Park-and-Ride Site Plan). The facility is expected to open February 2015 and will include shaded parking, passenger plaza, access control and security camera system, security office, and landscaping.

2.2.18 Desert Sky Transit Center (Future Site - Tier 2)

The new Desert Sky Mall Transit Center will be located at 7878 West Thomas Road on the southeast corner of 79th Avenue and Thomas Road, Phoenix, Arizona (See Exhibit S – Future Desert Sky Transit Center Site Plan) and will replace the existing facility located at the mall. The facility is expected to open September 2015 and will include shaded parking, passenger plaza, bike racks, access control and security camera system, security office, private restrooms, and landscaping.

2.3 GENERAL REQUIREMENTS

The following requirements apply to Tier 1 transit facilities and the Central Station Transit Center:

2.3.1 Repairs and Maintenance The FMC shall be responsible for promptly scheduling, supervising and tracking all repairs, replacements and required maintenance to the facilities, systems, components, and all CITY owned and CITY provided equipment at the sites and as required in this RFP. A general list of CITY owned equipment for each transit facility is provided in the RFP exhibits. Each list contains the majority of CITY equipment at each site but may not be all inclusive of every element. The CITY reserves the right to add or remove equipment as needed to enhance the operation



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at any facility. The inventory lists are provided in Exhibit T – Fixed Asset Inventory - North Transit Facility, Exhibit U – Fixed Asset Inventory - South Transit Facility Asset Inventory, Exhibit V - Fixed Asset Inventory - West Transit Facility, and Exhibit W - Fixed Asset Inventory – Other Locations.

2.4 SERVICE OVERVIEW

A general overview of the services to be provided by the FMC is outlined below. While this is not all inclusive, it should serve as a basic understanding of the extent of the services requested. This outline should also serve to provide a basis for fee structure and pricing. This RFP is for facility maintenance services only and does not include any construction management services; however, the FMC will be expected to provide consultation, support, warranty tracking and remediation on any facilities improvement project conducted by the CITY. 2.4.1 Contractor Responsibilities and Requirements

A. The FMC will manage and maintain the facilities and will arrange for the performance of any and all things necessary for the proper operation and maintenance of the facilities, buildings, attachments and all designated equipment subject to: 1) the budgets, policies and procedures of the CITY; and, 2) all applicable laws, codes, Annual Facilities Program (AFP) permits and regulations. The FMC shall maintain all equipment based on industry standards, best practices, and within the guidelines of the original equipment manufacturer (OEM). In cases where OEM guidelines are not available, the FMC will develop guidelines, following best practices and industry standards.

B. Every effort must be made to complete repairs in a timely manner. The FMC shall notify the CITY for any repairs requiring extended time (more than seven days) due to parts procurement or any service impacting or potentially impacting service/operational activity for any one site.

C. The FMC shall be inclusively responsible, as part of the contract, for

all preventative maintenance and related repairs required for the transit facilities listed in this RFP. Equipment repair parts (excluding labor) costing $1,000 or less per incident shall be considered inclusive to the contract and provided at no additional cost to the CITY. Repair costs over $1,000 caused by lack of maintenance, negligence, care, or accident by FMC staff shall be repaired by the FMC at no cost to the CITY.

D. All preventive maintenance supplies such as, but not limited to, rubber

goods, light bulbs, filters, lubricants, bearings, paint, fasteners, media, and all products to maintain or improve the condition of the facilities and equipment shall be included in the FMC’s cost proposal regardless of cost.

E. The FMC shall be inclusively responsible, as part of the contract, for all

labor (technicians, subcontractors, general labor, supervision,



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administration and any members used for the administration of the contract) for the transit facilities except for “Additional Services” as referenced in Section 2.15 or prearranged work approved by the CITY, or for Transit Operations Contractor (TOC) required services as referenced in Section 2.15.1.

F. The FMC will have, at all times, a sufficient number of capable qualified and licensed (by local, state and federal requirements) employees and all necessary equipment to properly, adequately, safely and economically manage, operate during the times needed, maintain the CITY facilities as required by the contract. All matters pertaining to the employment, supervision, administration, compensation, promotion and discharge of employees of the FMC or its subcontractors will be the responsibility of the FMC. The CITY will in no way be liable to the FMC or others for any negligent action or omission on the part of such employees. Qualified staff coverage is expected to meet the demands of the facilities operation and required maintenance for the facilities and related equipment. FMC shall be required to provide a local emergency contact number for staff available 24 hours a day to respond to emergency calls. The FMC is to provide a response within thirty (30) minutes and on-site service within two (2) hours of notification.

G. The FMC shall employ staff as necessary to fulfill its duties in accordance with the specifications of this RFP. The FMC shall provide project management through a Facilities Maintenance Manager (FMM) assigned to the contract at a level and capability sufficient to oversee its functions and employees. The principal function of the FMM will be to oversee employees of the FMC and vendors/ subcontractors; and to monitor operational activities associated with this Scope of Work.

H. The CITY reserves the right to review the qualifications of the FMM and may request the removal of the FMM at its discretion at any time during the duration of the contract.

I. Should the FMM be unavailable to perform his/her duties, the FMC will appoint a staff member temporarily to serve in his/her place. The FMM will notify the CITY’s Facilities Service Coordinator (FSC) whenever such substitution will occur, prior to the event. If the FMM will be unavailable for more than two (2) weeks, the FMC shall provide a qualified FMM as a substitute, subject to CITY approval.

J. The FMM assigned to this contract shall not be replaced without ninety (90) calendar days advance written notice to the CITY, unless the departing employee does not provide the FMC with such notice or the employee is removed for cause. Moreover, the CITY expects the FMM to remain in the position for a minimum of one (1) year from the contract start date, unless



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they resign their employment with the FMC. The FMC shall maintain an office in the Phoenix metropolitan area.

K. When required through the CITY, the FMC shall act as liaison between the CITY and the TOC, providing services such as monitoring the site condition and general care and use of facility and the related equipment. The FMC is advised that any failure or negligence by the FMC in performing day to day operations, maintenance or replacement or critical building systems (i.e., HVAC, Air Systems, fuel/fluid systems, Electrical, Plumbing, Security, Roofing, Fire Life Safety Systems, etc.) may result in significant damage to the building, its occupants, and occupants' equipment, machinery, and information systems. As such, the CITY requires that the FMC employ “best practices” in carrying out its duties and obligations. Failure to perform as required in this RFP may result in liquidated damages as allowed in Section 2.28.

L. The FMC shall work cooperatively with the CITY in matters of assuring

facility maintenance service quality, providing operational data, responding to comments from TOC staff and responding to specific requests for other assistance and meetings as the need arises.

M. The FMC shall perform subcontractor monitoring by formal tracking and

supervision. The FMC shall develop a CITY approved subcontractor monitoring plan to ensure that all work is accurately completed as contracted.

N. The FMC shall provide and maintain, during the entire period of the

contract, equipment and tools sufficient in number, operational condition and capacity to efficiently perform the work and render the services specified in this RFP.

O. The FMC shall submit a list identifying all equipment and the location of the

equipment to be used in fulfilling the contract, and shall notify the CITY immediately of any additions or deletions which occur during the term of the contract. All vehicles must be maintained in good repair, appearance and sanitary condition at all times. CITY reserves the right to inspect the FMC vehicles at any time to ascertain said condition.

P. All vehicles used by the FMC must be appropriately licensed and clearly

identified with a vehicle number, the company, and phone number of the local office on each side of the equipment, including personnel transportation vehicles. The letters must be at least (3”) three inches high and of proportionate width, in distinctly contrasting color with the background, and shall be in plain view of the public. The CITY will not pay for travel to and from any site nor provide any vehicles, equipment, tools, etc. necessary for performing the work required by this RFP.



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2.5 FACILITIES TRADE ELEMENTS

This section details the general requirements and specifications for trade service elements used at the transit facilities.

2.5.1 Electrical Systems Electrical systems shall be inspected annually, or sooner if necessary, to ensure safety and reliability. The FMC shall provide a comprehensive preventative maintenance program for all electrical system components. Where auxiliary power systems (APS), un-interruptible power systems (UPS), power conditioners and other specialized electrical systems exist, special operations and maintenance programs will be established to maximize their reliability. All electrical systems shall be maintained in safe and secure manner following all local, state and federal requirements and guidelines. Electrical switch gear inspection/service/testing shall be provided as recommended by the original equipment manufacturer (OEM).

A. Exterior Lighting - Proper exterior lighting is essential to the safety of our occupants and employees. Replacement of exterior lighting will be considered a priority and burned out bulbs will be replaced within twenty-four (24) hours. Exterior lighting will be regulated by a time clock or photocell to ensure operating efficiency. Lighting diffusers and lens will be cleaned during re-lamping and shall be maintained. All guards and protective lamp guards shall be maintained as designed or required.

B. Interior Lighting - Lamps and ballasts in interior lighting fixtures, including

task lighting, shall be replaced within two (2) business days when one fixture is inoperable. If two (2) or more adjacent lighting fixtures are inoperable, the request will be handled as a priority and responded to within twelve (12) hours or as rapidly needed to ensure safe working conditions. Lighting diffusers and lens will be cleaned during re-lamping and shall be maintained. All protective lamp guards and diffusers shall be maintained as designed or required.

2.5.2 Heating Ventilation and Air Conditioning The transit facilities are composed of a variety of HVAC systems and are typically used year round. Critical areas such as computer rooms shall be operated and maintained to ensure that the appropriate year-round temperature range (72°-75°) and air quality is consistently provided without interruption in all areas. System operating hours shall be twenty-four (24) hours per day, seven (7) days per week. Preventative maintenance will be performed to maximize the operating efficiency and life expectancy of all mechanical systems. A comprehensive preventive maintenance program shall be maintained by the FMC for all mechanical system components and control systems.

2.5.3 Elevators Elevators shall be maintained and adjusted regularly in accordance with the schedule established by State and local code, by qualified technicians to ensure their safety, reliability, operating efficiency and longevity. FMC is responsible for



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providing emergency call out service twenty-four (24) hours per day, seven (7) days per week and emergency contact number made available to the CITY.

2.5.4 Plumbing Systems All water and natural gas piping, fuel/fluid system piping, pneumatic system piping, sanitary sewers, grease traps, interceptors and related, dry wells and all storm water systems, rain leaders, water coolers/drinking fountains, water heaters, water closets, lavatories, drains, vents and other plumbing fixtures will be maintained to ensure proper/compliant operation and a leak free condition. Fixtures shall be inspected and documented quarterly, seals and washers replaced as necessary to prevent drips and minor leaks. A comprehensive preventive maintenance and inspection program shall be maintained by the FMC for all plumbing system components. All control and isolation valves shall be exercised at a minimum of every six (6) months. The TOC is responsible for removal of waste/used fluid products generated by their operation.

2.5.5 Fluid/Fuel Maintenance Systems As the fueling systems at all our sites are critical to ensure service the following guideline shall be incorporated by the FMC into the service contract provided for all fueling station maintenance service to all transit facilities in this RFP.

A. General – The FMC shall provide all maintenance (preventative and corrective) as required to keep the facilities fully functional which shall include all labor, consumables, repair, rebuild and replacement costs. The FMC shall provide all preventative maintenance (PM) and corrective maintenance for all three (3) facilities by experienced and qualified personnel. PM shall include all weekly, monthly and annual service as required and recommended by the manufacturers of the systems and components associated with operation and maintenance of the facility. The FMC shall provide the CITY with a schedule of all planned PM activities and shall ensure that all such activities do not interfere with regular bus fueling. Corrective maintenance means replacement of any parts needed with OEM or equivalent equipment to keep the system operational. The technician must be fully equipped with hand tools and specialty tools. The FMC must locally stock spare parts and provide all necessary components for repair, rebuild or replacement tasks. An inventory shall be provided for review upon request. All consumables are to be covered under the contract. The FMC is responsible for rebuilding the cryogenic pumps on a regular PM schedule.

B. Exceptions - The only costs associated with maintenance and operation of

the facilities that are not the responsibility of the FMC are those related to damage, neglect or misuse not caused or controlled by the FMC, such as a dispenser drive-away by a CITY driver. If these events occur, the CITY will pay for labor and materials as indicated in the Price Proposal for “Additional Services.”



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C. Timing of PM Service – The FMC shall perform PM services as required to ensure the specified fueling performance. The FMC may perform scheduled and unscheduled maintenance and repairs at its discretion, provided that facility’s fueling function and vehicle-yard circulation are not impacted.

D. Software - The right and license to use any software needed to operate and

maintain the facilities shall be transferred to the CITY, along with all LNG/LCNG/Diesel/Unleaded Fueling Facility maintenance records and electronic records, programs, programing and files upon termination of the contract or upon request.

E. Critical Service - Critical-service problems (which prevent bus fueling,

disable a safety system, or cause a natural gas leak, fuel spill or that otherwise impact the ability of buses to meet scheduled rollout) must be responded to by the FMC within ninety (90) minutes of notification, and successful repairs performed within three (3) hours. Liquidated damage conditions shall apply regardless of response or repair time. Additional liquidated damages of $250 per incident will apply if this response time is not met. Response is defined as a qualified repair person on site with all necessary tools and supplies required to begin work to make the repair.

F. Non-Critical Service - Non-critical service problems (those which do not

meet the criteria of critical service problems, specified in the section above, or that otherwise do not impact the ability of buses to meet scheduled rollout) must be responded to by the FMC within four (4) hours of notification, and successful repairs performed within twenty-four (24) hours. Liquidated damages of $250 per incident will apply if this response time is not met.

2.6 BUILDING FIRE SAFETY AND SPECIAL SYSTEMS

2.6.1 Specialty Fire Suppression/Detection/Notification Systems Where methane and other specialized fire protection systems exist, special operating and maintenance procedures shall be adhered to in accordance with OEM, local and national code to ensure their safety and reliability. Fire sprinkler systems and all related components shall be inspected, serviced and tested in an environmentally safe manner in accordance with local, state and national codes to ensure their reliability.

2.6.2 Fire Drills/Life Safety Programs and Testing

The FMC shall coordinate with the TOC on fire/life safety drills, testing and Facility Emergency Response Plans (FERP) for the facilities.

2.6.3 Fire Alarm Systems Maintenance

All fire alarm systems (wet, smoke and methane detection systems) and components, including panels, enunciators, smoke and heat detectors will be



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inspected and tested semi-annually. Due to the use of liquid natural gas at the three (3) transit facilities, methane leak detection is used. Control systems for these safety units tie into site exhaust units and require special attention, care, calibration and certification. A comprehensive preventative maintenance program shall be implemented and followed for all fire alarm system components. The FMC is responsible for Fire Department charges created by false alarms caused by equipment failure.

2.6.4 Emergency Lighting

The FMC is to ensure all emergency lighting is operational when needed. A comprehensive industry standard or better preventative maintenance program shall be developed and implemented to maintain all emergency lights and ensure operation. All emergency lighting shall be tested monthly to ensure operability.

2.6.5 Fire Extinguishers

The FMC is to ensure all fire extinguishers remain operational when needed. A comprehensive industry standard or better preventative maintenance and tracking program shall be developed and implemented to inspect, place and service all fire extinguishers as required by local, state, OSHA and other federal requirements/ guidelines.

2.6.6 Facilities Communication Systems

The FMC shall maintain any Public Address systems currently located at the sites. Often these systems support warning and communication during emergency equipment testing and general staff notification.

2.7 INTERIOR AND EXTERIOR BUILDING REPAIRS

2.7.1 Roof Inspections/Repairs All roofs shall be inspected and maintained at least every three (3) months for debris and potential problems or immediately after storm incidents. Documentation shall be provided by the FMC in the monthly report. All repairs are to be performed by a qualified technician appropriate for the type of roof serviced. An annual formalized inspection will be conducted to determine current condition and proper maintenance. A comprehensive industry standard or better preventative maintenance program shall be used to maintain all roofs.

2.8 PAINTING

A comprehensive preventative maintenance painting/sealing program shall be provided as part of the 5-year Capital Improvement Plan (CIP) for all building surfaces, bays and facility components currently painted or normally sealed.

2.8.1 Exterior Painting and Sealing Surfaces The building exterior façade shall be maintained in a clean and attractive appearance. All sites shall remain graffiti free at all times. Painted surfaces will be repainted by using the appropriate product and process on a pre-scheduled and regular basis, as established in the Facilities Maintenance Plan or CIP, maintaining



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a clean, uniform surface free of peeling and stains. Expansion joints and other pliable seals shall be maintained and the appropriate products and processes applied as to prevent weather infiltration. All exposed surfaces shall be treated with an approved method for corrosion control. Reflective safety striping shall be maintained as needed.

2.8.2 Interior Painting/Wall Covering Routine janitorial service provided by the TOC shall clean soiling from interior painted surfaces or wall covering to provide a clean and stain free appearance. Interior painting/wall covering will be completed during the schedule established in the Facilities Maintenance Plan or CIP developed by the FMC and approved by the FSC. FMC shall be responsible for entryways and heavy traffic areas that may require interim painting to maintain a clean and unstained appearance which will be determined during building inspections.

2.9 HARDWARE AND LOCK SYSTEMS

The FMC shall provide, in a timely manner, service for malfunctioning locks and hardware support. The FMC shall determine if a repair/replacement is needed which shall be performed by the CITY locksmith.

2.10 EMERGENCY REPAIRS

The FMC shall immediately arrange for and supervise emergency repairs that: (1) involve mitigation or manifest danger to life or the facilities; (2) are immediately necessary for the preservation of the safety of the facilities or for the safety of its occupants; or, (3) are required to avoid the suspension of any necessary service to the facilities. The FMC shall be required to provide an on call contact number for staff available twenty-four (24) hours a day to respond to emergency calls. The FMC is to provide an emergency response within thirty (30) minutes and on-site service within two (2) hours of notification. The FSC shall be notified as soon as feasibly possible.

2.10.1 Emergency Support When FMC staff is unavailable and the repair is immediate in nature, creates an

unsafe working condition, or affects the ability to conduct transit operations, the TOC may perform limited repairs to mitigate the emergency.

2.11 LANDSCAPING / IRRIGATION SYSTEMS

Landscape services will be provided by the CITY. As the facilities maintenance manager of the site, the FMC shall respond to any irrigation leaks, damage or concerns impacting any of the site operations or CITY property and should immediately contact the FSC. To prevent property damage, the FMC shall isolate the system. In cases of safety or egress restrictions the FMC may be asked to remove the landscape impacting the operation and perform emergency repairs as needed.



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2.12 PEST CONTROL

Preventative and reactive pest control service shall be provided by the FMC to maintain a pest free environment at the three transit facilities and Central Station, in accordance with Section 2.20.

2.13 UTILITIES

The TOC is responsible for the cost of utility services (electricity, gas, water, refuse and sewer). However, the FMC shall make every effort to conserve resources when appropriate.

2.14 ACCOUNTING, RECORD KEEPING AND REPORTS

2.14.1 The FMC shall maintain accurate books of account and records of transactions relating to each facility. The CITY reserves the right to inspect or audit any records at any time with or without notice. The FMC shall provide all information and reports as required by the CITY or the Federal Transit Administration (FTA) and will permit access to books, records, accounts, other sources of information, and facilities as may be requested by CITY. Where any information is required, or is in exclusive possession of another who fails or refuses to furnish this information, the FMC shall so certify to the CITY or the FTA, as appropriate, and shall set forth what efforts it has made to obtain the information. All data gatherings and reporting shall conform to CITY and FTA requirements.

2.14.2 Record Keeping and Maintenance Performance

Record keeping shall include, but not limited to, the following:

A Record Keeping – The FMC shall keep and maintain records of the operation and maintenance of the facilities and related equipment, including copies of all maintenance contracts and agreements affecting the use and occupancy thereof.

B. Document Ownership – All facility and equipment service records and related documents shall be the property of the CITY; shall be available to the CITY or its designated representative, for examination, inspection, and audit; and shall be delivered to the CITY or its designated agent upon termination of the contract. All expenses incurred in connection with on-site personnel and equipment required to maintain such books, records and accounts shall be at the expense of the FMC.

2.14.3 Reports and Plans The FMC shall provide to the CITY reports, records and documents relating to the facility and equipment maintenance and management as requested and approved by the CITY’s FSC. The required deliverables and required due dates are as follows:

A. Facility and Equipment Inspection Tier I Locations - This is a site survey scheduled and conducted by the FMC and CITY staff (optional attendance



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by the FSC, must notify the FSC of planned inspection) of facility and equipment condition and safety. This monthly inspection.is not as detailed as the annual inspection and is used to aid the FMC in quality assurance processes.

B. Facility and Equipment Inspection Tier II Locations - This is a site survey scheduled and conducted by the FMC and the FSC (optional attendance by the FSC, must notify the FSC of planned inspection) of facility and equipment condition and safety. This semiannual (2 times a year) inspection is not as detailed as the annual inspection and is used to aid the FMC in quality assurance processes.

C. Annual Facility Inspection Report - This is a comprehensive site survey and

sequential report of the condition of all facilities, current maintenance programs, and future capital improvement plans and recommendations. The site visits shall be scheduled and conducted by the FMC and the FSC. The first review within thirty (30) calendar days of start of the contract for each facility is a benchmark of current conditions and action plans forward. A report of the inspection findings will be required from the FMC no later than thirty (30) calendar days from the inspection. All future annual inspections shall be completed during the month of October and the report due in November.

D. The inspection team (FMC and FSC) will review the overall quality for each

trade service provided to the facilities, evaluate the operating procedures, and identify capital improvements necessary to maintain and enhance the building’s appearance, function and operating efficiency. This inspection will be the basis for establishing any changes in service levels, operating facilities maintenance budgets and capital expenditures for the following year. Operating and service deficiencies will be corrected in a timely manner. These inspections will be reviewed by the FSC to ensure that the facilities maintenance is conducted in accordance to CITY, FTA and best practices guidelines and requirements. THE FMC IS RESPONSIBLE TO ENSURE 100% CODE COMPLIANCE FOR EACH FACILITY IS MET.

E. Preventative Maintenance Matrix - This is a matrix of all planned

preventative maintenance tasks per piece of equipment or element per site and current status including the Contractor or subcontractor responsible for the service. This is often generated by the computerized maintenance management system (CMMS). Required frequency: Monthly, by the 15th of the following month.

F. Work Order Repair Summary - A report generally created through the

CMMS of outstanding, current and closed work orders. Summary should provide: site location, building location, trade, labor hours and short description. Required frequency: Monthly, by the 15th of the following month.



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G. Facilities Maintenance Plan (FMP) – The FMC shall develop and maintain a

comprehensive plan with all elements and procedures as required by this RFP for the facilities and equipment maintenance and administration. This plan will serve as the guide for the facilities maintenance process for FMC and its subcontractor to meet required elements in this RFP. This plan will be presented by the FMC in a Microsoft Word or other CITY accepted raw electronic format and CITY management approved prior to implementing. The FMP will serve as a guide to meet required FTA State of Good Repair maintenance guidelines and will aid the CITY in the measurements of production of the FMC. As a supplement to the FMP a complete list of equipment PM tasks will be required. The FMC will develop PM plans as required to properly maintain equipment. Plans are based on OEM guidelines when available or industry best practices when not. The initial draft is due sixty (60) calendar days from the start of contract and then annually each November there forward.

H. Facilities Emergency Response Plan (FERP) – The FMC shall develop a

written and illustrated (mapped) emergency plan for emergency preparedness, disaster recovery, utility isolation and recovery of operational elements such as, but not limited to, electrical, water, safety systems, natural gas utilities and special systems including fueling , during an outage or site damage. This plan will work in conjunction with the TOC plan for site and personnel safety. Required frequency: Initial draft due sixty (60) calendar days from the contract start date and then annually each November there forward.

I. Inventory Report - An inventory report of all CITY, FMC equipment and

FMC subcontractor equipment where required, at each site including current condition and life expectancy. Required frequency: First draft is due sixty (60) calendar days from contract start date. Annually there forward each November.

J. Fuel System - Report of Preventative and Corrective Maintenance - Contractor shall submit to the CITY detailed records of all scheduled and unscheduled maintenance and repairs performed on the facility. Contractor shall submit maintenance records through the term of the contract, and shall include reports on any failures, accidents and other significant events. Required frequency: Monthly, 15th of the month after 60 days from contract start date.

2.15 ADDITIONAL SERVICES

All costs and repairs over $1,000 that are not covered inclusively in the contract by preventive maintenance, or by other terms of the contract, and are considered an additional service cost will be quoted, reviewed and approved in writing by the FSC prior to processing. Subcontractor or vendor parts costing over $1,000 and subject to “Additional Services” will be reimbursed to the Contractor by the CITY at cost.



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2.15.1 Non-City Equipment Installations and Accessories The TOC may, during the term of its contract, require installation of additional equipment, infrastructure signage, wall boards, and wall mounted shelves, etc. Installations may be performed through the FMC; however, all charges associated with this work shall be reviewed and approved by the FSC, and the work shall be provided at cost to the TOC requesting the work. The TOC is responsible for servicing and maintaining all of its equipment. All work performed shall be conducted as required by code and any required CITY Annual Facilities Program (AFP). All agreements of this nature shall only be authorized through approval by the FSC or designee.

2.15.2 Competitive Bids Except for emergency repairs or as required by the CITY, FMC shall obtain at least three (3) cost estimates from qualified suppliers and/or contractors for building expenditures over $1,000. With regard to emergency repairs, once the immediate emergency is abated, the process for competitive procurement shall apply. For purchases of parts and materials less than $1,000, the FMC shall exercise reasonable discretion to ensure that prices are fair and reasonable. Contractor shall not “split” the purchase of parts in order to stay under the $1,000 limit. For any work on the property that is determined to be a construction activity or project, the FMC will be required to follow and adhere to the competitive procurement requirements of the Arizona Revised Statutes Article 34.

2.15.3 SBE/DBE Utilization The CITY extends to each individual, firm, vendor, supplier, contractor and its

subcontractor an equal economic opportunity to compete for CITY business and strongly encourages voluntary utilization of small and/or disadvantaged businesses to reflect both the industry and community ethnic composition. The use of such businesses is encouraged whenever practical.

2.16 FMC EMPLOYEES AND SUBCONTRACTORS

2.16.1 FMC Cleaning The FMC will be responsible for cleaning areas where FMC staff or

subcontractors have performed service work and cleaning is needed.

2.16.2 Staff Coordination and Cooperation The facilities are owned or leased by the CITY. Some facilities may have CITY staff, TOC staff, and facilities maintenance staff occupying the site.

The FMC shall work directly with the TOC, but must inform the FSC, on facility maintenance issues, including work status, scheduling, equipment downtime, etc. The FMC shall coordinate with the TOC to ensure facilities maintenance work is scheduled to minimize disruption and impact to transit operations. The TOC is responsible for making reasonable adjustments to its operations to accommodate necessary facilities maintenance work. The FMC is responsible for communicating to the FSC any significant impacts and disruptions to its



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operations caused by issue, problems or required service with facility systems, components, or equipment. FMM or his/her designee may be required to attend any or all transit facility stakeholder meetings, monthly contractor meetings, and other meetings at the CITY’s request. These meetings involve CITY staff and/or TOC staff. Shared Facilities Equipment - Some CITY owned equipment will be shared between sites and users occupying the various sites. Care and consideration should be displayed for equipment that is needed often by multiple parties. Priority comes first to safety and operational continuity.

2.17 PROPERTY DAMAGE ADMINISTRATION

FMC shall provide and coordinate documentation for facility damage, police reports, and repair services for CITY reimbursement. All damage shall be recorded by authorized form (see Exhibit X - Facility Damage – Incident Report Procedure) and a police report/ investigation conducted for all property damage caused by CITY provided vehicles or any vehicle damaging CITY property. The FSC shall be notified immediately upon confirmation of damage to facility. The FMC shall inspect all areas in the building to identify items requiring maintenance and supervise the building operation according to CITY objectives. The facility occupants are financially responsible for any damage repairs throughout the facility caused by their misuse (accidents, improper operation, theft, etc.) of the facility. The aforementioned damage repair recovery cost shall be regulated by and resolved through the CITY’s facilities and contract monitoring staff. The repairs shall be performed through the FMC unless otherwise approved by the FSC. All expenditures for the repairs shall be recovered by the CITY and charged to the contractor or entity responsible for the damage.

2.18 FACILITY RENOVATION / REFURBISHMENT

2.18.1 Renovation/Refurbishment The FMC shall evaluate the need for renovation, refurbishment and equipment upgrades/replacements during the annual building inspection and budget as necessary in the following year.

2.18.2 Major Renovations/Additions/Expansions

The FSC shall coordinate any project that requires structural modification, additions, interior additions or modifications. These projects will be reviewed and approved by the CITY and included in the annual capital budget, when possible.

2.19 SECURITY, CONTRACT WORKERS IDENTIFICATION AND FACILITY ACCESS

2.19.1 Contract Workers Identification All FMC employees are to be in clean, neat uniforms that bear the employee name and company name. Access to each facility shall be as directed by the CITY. Only authorized FMC employees are allowed on the premises of CITY facilities. FMC



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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 FMC employee. FMC employees shall check-in and out with the security guard at the facilities, if applicable. (See Exhibit Y – Security, Access, Controls and Badging Information).

2.19.2 Facility and Building Access The CITY shall establish and maintain control over the access control system for the facility, including all Contractor and CITY employees at the facility. The CITY will issue electronic access cards to FMC employees for access and to serve as required identification to facility or building areas only after employees have met the CITY’s background check requirements, as per RFP Section 5.10, and have been assigned to work at the facility. The CITY is responsible for the keying system matrix and keys for all doors at the facility. All keys and CITY issued access cards will be inventoried and managed by the FMC and regularly audited by the CITY. The FMC shall adhere to all CITY rules and regulations for the use and management of identification badges, access cards and keys (see Section 5.11). The required card system will allow FMC staff access to authorized CITY locations and provide a citywide approved identity badge. Lost or damaged cards will require replacement at a cost to the FMC. The FMC shall establish a key control policy for issuing, replacing and retrieving (upon separation) all keys from staff; the FMC shall retrieve all access or identification badges from employees upon separation. The FMC is responsible for all CITY costs to rekey locks due to lost or stolen keys. The FMM may be asked to perform varied installations with CITY locks and devices as the CITY sees fit for reasons of security and control.

2.19.3 Vault Room Access CITY employees, contractors or vendors that have a legitimate need to access the revenue rooms must be accompanied by an authorized escort and must use the vault access sign in and sign out log sheet located in front or in back of the door when entering. When filling out the vault access form sign in and sign out log sheet, CITY employees, contractors and vendors must fill in each box (Date, Name, and In & Out) every time when entering and exiting the vault rooms. Vault access sign in and out log sheet will be filed and retained for three (3) months. The purpose of this procedure is to set forth the conditions whereby access to the cash room is permitted. There must always be a minimum of two (2) or more persons in the revenue room at any time. One (1) authorized person whose name appears on the authorized list of persons authorized to escort another person into the revenue rooms are the only persons permitted to access revenue rooms.

2.20 AUTHORIZED PESTICIDES

Preventive and reactive pest control service shall be provided by the FMC to maintain a pest free environment. Pest control shall be managed primarily through prevention, using both physical and mechanical methods, and with pesticides only when necessary. The FMC shall use the least toxic pest control substance required to be effective.



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The FMC shall submit for approval a list of chemical pesticides the FMC will be applying by trade name, EPA registration number and category (includes herbicides, insecticides, rodenticides, etc.) and label signal word (i.e. caution, warning or danger) and shall provide the same information prior to using any other product not originally submitted and approved by the CITY. Pesticides must be EPA-registered (or exempt from registration under section 25b of FIFRA) at the time of submittal. All products must be applied in strict compliance with the most current labeling restrictions and/or consistent with most current EPA-approved application use at the time of application.

2.21 DRYWELL MAINTENANCE (WEST TRANSIT FACILITY ONLY)

The WTF consists of an Administration Building, Fleet Maintenance Building, Bus Wash Building, Fueling Building, paved Employee Parking Areas, paved Bus Parking Areas, and Security Guard Building. All areas of the facility are paved, except for the storm water retention areas. The site grading directs storm water runoff to the west, south or east perimeter of the site. An engineered drainage swale exists along the west, south and east perimeter of the site. The drainage swale serves as a storm water retention basin and is not designed to discharge via the surface to areas off-site. Within the storm water retention basin, three (3) drywells have been installed. Drywell 001 is located in the north half of the east perimeter swale; drywell 002 is located in the south end of the east perimeter swale; and drywell 003 is located in the west end of the south perimeter swale. The drywells are regulated and permitted through the Arizona Department of Environmental Quality (ADEQ). The WTF maintains, fuels, and services all buses and fleet–related vehicles. Activities conducted at the WTF include vehicle maintenance and service such as engine repairs, routine service, bus washing, steam cleaning of undercarriage, small body repairs and painting, and tire repair and replacement. 2.21.1 Drywell Annual Inspection and Cleaning

A drywell is a bored, drilled, or driven shaft or hole with a depth that is greater than its width and that is designed and constructed specifically for the disposal of storm water (Arizona Revised Statutes (A.R.S.) § 49-331(3)). Storm water flows over many surfaces that may hold other pollutants. Drywells that receive storm water with pollutants can potentially render the aquifer useless as a drinking water source. Arizona’s aquifer protection program is designed to protect groundwater for drinking use and federal primary drinking water maximum contaminant levels are adopted as numeric aquifer water quality standards. An Aquifer Protection Permit (APP) is needed if you own or operate a facility that discharges either directly to an aquifer or to the land surface or the vadose zone in such a manner that there is a reasonable probability that the pollutant will reach an aquifer. In the case of the WTF, specific ADEQ regulations indicate that the drywells at the facility fall under the Aquifer Protection Permit general permit program. The CITY has applied for authority to discharge under a Type 2.04 general permit (Drywells that Drain Areas at Motor Fuel Dispensing Facilities Where Motor Fuels Are Used, Stored, or Loaded (A.A.C. R18-9-C304)).



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The ADEQ regulations require the following for inspection and maintenance of drywells covered under the general permit program:

2.21.2 Inspection A. Inspection shall be performed at least annually or if water remains standing

on the surface of the drainage area or retention basin for longer than 36 hours.

B. Activities performed within the drainage area shall be reviewed to ensure that chemicals are not used, handled or stored within that area, unless authorized by an aquifer protection permit.

C. Visual observations shall be made for non-storm water discharges such as

unusual stain or pavement discoloration surrounding the drywell, residue coating the inlet grate or within drywell sediments, or the presence of unusual odors in the settling chamber.

D. Settling chambers and interceptor compartments shall be visually inspected for type and quantity of debris and condition of drainage components.

E. Remove debris and sediment as required under RFP Section 2.21.3 –

Maintenance below.

F. If chemical absorbents are discolored and/or submerged beneath the water surface, the chemical absorbents shall be replaced.

G. ADEQ recommends a copy of all inspections and a record of findings and

maintenance activities be kept on file at the property where the drywell is located.

H. An inspection checklist that may be helpful when performing annual

inspections is available from ADEQ.

I. A solid manhole cover shall be installed on the drywell to insure flow is through the interceptor inlet only. The cover shall be bolted in at least two locations and marked in raised cast letters "Storm Water ONLY".

J. Best Management Practices (BMPs) shall be followed for drywells located

in industrial areas. A separate BMPP Guidance document is available from ADEQ.

2.21.3 Maintenance A. The drainage system including settling chambers and interceptors shall be

inspected annually.

B. Removal of deposited silt and sediment may be performed with the annual inspection, or at a minimum as follows:



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In paved areas - when the sediment level fills 10% of the effective settling capacity.

In landscaped areas - when the sediment level fills 25% of the effective settling capacity.

When ownership of the property changes.

When material not resulting from storm water or urban surface runoff enters the drainage system interceptor or drywell settling chamber.

C. Maintenance shall include removal of all sediment, cleaning of all filters and screens and replacement of chemical absorbents. Removed material shall be disposed of at a landfill or facility which is approved to accept it.

D. Records concerning drywell cleaning and sediment disposal shall be maintained.

E. The FMC is responsible for the inspection and cleaning of the three (3) drywells, including the ADEQ-required documentation. The FMC shall conduct semi-annual inspections of each drywell. On an annual basis, each drywell is inspected and cleaned, if necessary, by a third party contractor. If cleaning is necessary following ADEQ guidelines, the sediment contained in the drywell must be sampled prior to disposal. Sediment samples must be analyzed for the appropriate parameters by a certified laboratory. The FMC shall coordinate such sampling and analysis with the Public Transit Department Environmental Programs Coordinator. The fees for sampling and laboratory analysis shall be paid by the FMC.

F. The FMC’s maintenance program compliments the transit operator’s storm

water pollution prevention plan (SWPPP) and ADEQ multi-sector group permit requirement of quarterly storm water inspections. These quarterly inspections include storm event sampling and observations during or immediately following the rain event. The inspections include visual inspection of storm water in the retention basins and drywells.

2.22 RECYCLING PROGRAMS

The FMC shall comply with the recycling program at each site. The FMC shall utilize the services of the City of Phoenix Public Works for recycling spent light bulbs, waste oils and fluids, and any other element waste caused by the generation of work performed by the FMC or any subcontractors. All environmental programs are subject to the guidelines and requirements of local, county, state and federal agencies. The TOC is responsible for refuse and recycling at the site. The FMC shall make every effort to reduce waste and increase recycling.



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2.23 ENVIRONMENTAL ASSESSMENT AND TESTING

The CITY is committed to maintaining a safe, healthy and hazard free environment for its employees and tenants of these facilities. The FMC should identify any suspected environmental concerns. A specialist will be utilized when necessary for testing, evaluation, and corrective action. The FMC shall communicate as appropriate with the FSC regarding the results of any testing or environmental assessments. Environmental areas considered part of FMC scope of work include:

Storm Water Management - Section 6.18

Drywell Management (West Transit Facility only Section 2.21)

Fuel-fluid management tracking and reconciliation in conjunction with the TOC

Tank storage and dispensing testing (Weights and Measure and ADEQ)

2.24 TECHNOLOGY REQUIREMENTS

The FMC shall comply with all CITY information technology, telecommunication and cabling requirements as detailed in Exhibit Z.

2.25 COMPUTERIZED MAINTENANCE MANAGEMENT SYSTEM REQUIREMENTS

In an effort to realize lifecycle cost to obtain the most cost efficient model, all asset work performed requiring parts, repairs, inspections, or service requiring twenty (20) minutes or more of labor shall be documented by use of a Computerized Maintenance Management System (CMMS). The CITY utilizes MPulse Maintenance Software for all maintenance-related work orders. The successful Contractor shall use the CITY’s existing system for all work orders.

The Contractor shall track asset maintenance by, but not limited to: unit number, model, serial number, location-site-building-sub location at building, labor hours, parts used, parts cost, warranty tracking, trades and complete repair details for FMC and subcontractors. The Contractor will be responsible for updating the equipment inventory and required PM’s as needed.

2.26 ENERGY MANAGEMENT PROGRAM

The FMC shall provide an energy management program including ongoing audits. The energy demand and consumption will be routinely monitored to identify opportunities to reduce non-vital energy use and cost. Whenever the ongoing audit reveals an abnormal demand or consumption, the building systems and controls will be inspected to establish corrective action. The FMC shall use the building automation systems located at the various sites to reduce energy where applicable.

2.27 IMPROVEMENTS TO WORK SCOPE

It is CITY’s desire to provide the most efficient and cost effective service without compromising service quality. If there are requirements that are included in the Scope of Work that could be modified to reduce cost or improve quality, Proposer shall identify those areas and note the potential savings in their proposal.



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2.28 LIQUIDATED DAMAGES

Liquidated damages may be imposed by the CITY to the FMC based on each observed violation committed by FMC personnel or any subcontractors. The FMC agrees that a violation of any of the liquidated damage provisions as provided for in this RFP shall result in the CITY incurring damages that are impractical or impossible to determine. The FMC agrees that these monetary assessments are a reasonable approximation of such damages. 2.28.1 Late or Inaccurate Reports If the FMC fails to comply with the CITY’s reporting requirements, as stated in

Section 2.14.3, either by submitting reports after the due date or by submitting inaccurate reports, liquidated damages in the amount of $150.00 per missed report will be deducted from the FMC’s monthly invoice in which the failure to comply occurs.

2.28.2 On Time Performance of Preventative Maintenance If the FMC fails to meet an 90% preventative maintenance completion schedule, as stated in the CITY approved FMC preventative maintenance plan and OEM guidelines, liquidated damages in the amount of $150.00 per occurrence per piece of equipment or element and will be deducted from the FMC monthly invoice in which the failure to comply occurs.

2.28.3 Incomplete or Unsafe Performance of Work CITY staff shall routinely inspect work performed by the FMC. If the work or lack thereof is found to be unsatisfactory by CITY staff, FMC shall have forty-eight (48) hours from time of notification to remedy the situation. If the FMC fails to correct the work within the time allowed, liquidated damages in the amount of $150.00 per occurrence per piece of equipment or element, compounded daily per complaint within a twenty-four (24) hour period will be deducted from the FMC’s monthly invoice.

2.28.4 Fuel System Failure If the FMC fails to deliver the supplies or perform the services within the time specified in the contract, or any extension thereof, the FMC shall pay to the CITY as fixed, agreed, liquidated damages for each calendar day of delay, the amount of $5,000 per day in the event that CITY vehicles require fueling at an outside location due to the facility failing to be available for fueling. The CITY may terminate the contract in whole or part as provided in the "Default" provision. In that event, the FMC will be liable for such liquidated damages accruing until such time as the CITY may reasonably obtain delivery or performance of similar supplies and services. The FMC will not be charged liquidated damages when the delay arises out of causes beyond the control and without the fault or negligence of the FMC. The liquidated damages will be assessed by withholding equivalent dollar amounts from payments owed to the FMC by the CITY.



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Failure of any of the utility services listed below could cause the facility to not operate. In the event of a utility failure, liquidated damages would not apply. A. Control air supply from the maintenance building to the containment area.

B. Telephone service to the LNG control cabinet.

C. Power metering and the main electrical service to the control panel.

D. Auxiliary power generation. Although lightning protection is provided for the LNG storage tanks, and surge protection will be in place on the main electrical feed upstream of our control panel, it is impossible to prevent any and all possible damage from a lightning strike. In the event of a station failure from a lightning strike, liquidated damages would not apply.



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SECTION 3 – INSTRUCTIONS TO PROPOSERS 3.1 INQUIRIES

Proposers are encouraged to send relevant questions to the CITY immediately upon receipt of the RFP. This will enable the CITY to prepare more comprehensive responses. Any questions that arise relating to this RFP must be directed, in writing, to the Contracts Specialist II:

Kimberly Hayden City of Phoenix Public Transit Dept. 302 N. 1st Avenue, Suite 900 Phoenix, AZ 85003 Fax 602-495-2002 [email protected]

Questions must be received at the above address by 5:00 p.m. MST (local time) on Friday, January 9, 2015. Questions may be mailed, e-mailed or faxed. By the same date and time, Proposers must also notify the CITY of questions to “Attachment C - Draft Contract” of the RFP. All correspondence concerning any aspect of this RFP must be directed to the Contracts Specialist II, Kimberly Hayden, or her authorized delegate. All changes to the RFP will be in the form of a written addendum, which will be available at the CITY website: https://www.phoenix.gov/solicitations. It is the Proposer's responsibility to check the CITY website for issued addenda.

Proposers shall acknowledge receipt of all addenda by completing the Addenda Certification form, located in Section 8.4 of the RFP, and submitting the form with their technical proposal. Only written responses provided in an addendum will be official and binding on the CITY. Proposers may not rely on oral communications with CITY employees, and no oral communication is binding on the CITY.

3.2 PROPOSAL SUBMITTAL INSTRUCTIONS

3.2.1 Due Date and Address

Proposals must be received by 2:00 p.m. MST (local time) on Thursday, February 12, 2015. A Proposer mailing its proposal must allow sufficient mail delivery time to ensure that the CITY receives the proposal by the time and date specified. Late proposals will not be considered and will be returned unopened to the Proposer. Neither the CITY nor any CITY official or employee is responsible for proposals not properly addressed, identified and submitted. Proposals must be sealed and clearly marked with Proposer’s name, RFP number, and title on the outside of the package.




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Proposals must be received at or sent by mail to: Kimberly Hayden, Contracts Specialist II City of Phoenix Public Transit Department 302 North 1st Avenue, Suite 900 Phoenix, AZ 85003

3.2.2 Number of Proposal Submittals

Each Proposer shall submit ONE (1) original, TWO (2) printed copies and FOUR (4) electronic copies (PDF format on CD or flash drive) of its technical proposal. The Proposer’s price proposal and financial information (as listed in Section 3.7 below) must be submitted in a separate sealed envelope within the proposal package. This envelope must be clearly marked “Price Proposal and Financial Information.” Each Proposer shall submit ONE (1) original, ONE (1) printed copy, and ONE (1) electronic copy (PDF format on CD or flash drive) of its price proposal and financial information. The submitted CDs and/or flash drives must contain electronic file copies of all proposal text, spread-sheets, and diagrams included in the original printed proposals.

3.2.3 Proposal Content

The proposal should not exceed 100 single-sided pages or 50 double-sided pages, exclusive of price proposal, financial information, Attachment A (DBE outreach documentation) and other required forms in RFP Section 8. The cover letter is included in the maximum page limit. Each proposal package submitted must contain:

Technical Proposal

Completed Forms in Section 8.2 - 8.8 of this RFP

Attachment A - Outreach Efforts (DBE Form)

Price Proposal (Section 8.1), Financial Information, and Attachment A – Outreach Efforts (separate sealed envelope)

Statement of ability to obtain the levels of insurance required

3.3 PROPOSER RESPONSIBILITY

By submitting a proposal, each Proposer represents that it has thoroughly examined and familiarized itself with the work required under this RFP and that the Proposer is capable of performing quality work to achieve the CITY’s objectives. A Proposer’s failure to read and/or understand any part of the RFP will not affect any provision of the RFP or of the Contract. Each Proposer is responsible to consider applicable laws and FTA regulations that may affect cost, progress, performance, or furnishing the work.



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The Proposer is liable for every item in the RFP and the Contract. Only those firms that seek and accept a demanding level of accountability should respond to this RFP.

3.4 PROPOSAL GUIDELINES

The following guidelines are intended to promote equitable evaluation of competitive sealed proposals. Proposals must be prepared in accordance with the instructions outlined in this section and must include all of the information requested in this RFP. Noncompliance with RFP requirements may constitute a ground to eliminate the proposal from consideration of the Contract award. Each Proposer shall define the capability of his/her organization to meet the intended objectives of this RFP. Each Proposal must be specific and complete in every detail, prepared in a simple straightforward manner, with concise information on the Proposer’s capability to provide all services satisfactorily. The Proposer should emphasize completeness and clarity of content, and the proposal should enable the CITY to determine whether or not the Proposer can meet the CITY’s requirements without the need for any additional information or discussion. Cursory responses or responses that merely reiterate the contents of the RFP will be deemed nonresponsive. Do not include marketing and sales-type information. Each proposal must be signed by an individual authorized to bind the Proposer. Each proposal must provide the name, title, address, e-mail address, and telephone number of each person with authority to bind the Proposer contractually and the person who may be contacted during the proposal evaluation process. The “Certification Form” (Section 8.2) must be completed and submitted with the Technical Proposal.

3.5 PROPOSAL FORMAT

Each proposal must be typewritten in a clear typeface with a minimum font size of 10. The proposal must be bound in a loose-leaf three-ring binder. The use of double-sided pages is encouraged. The Technical Proposal must be organized in a tabular format and divided by sections, in accordance with the outline below. Tab 1 - Introduction

1. A letter of introduction identifying the Proposer, including name, title, address, telephone number and e-mail address, of the Proposer’s authorized representative, and signed by a representative authorized to bind the Proposer to the terms of the proposal.

2. A statement indicating the number of days from the date of submittal for which the proposal is valid. The minimum number of days is one hundred and eighty (180) calendar days.

3. A management summary providing an overview of the proposal.



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Tab 2 – Qualifications and Experience of the Firm

1. Provide a brief description of the firm’s history.

2. Describe previous experience on projects of similar size, scope and complexity. List a minimum of three (3) firms/agencies for which the Proposer is currently performing services similar to the work described in the RFP. Include contact person, current telephone number, type and description of services provided, dates of service, and name of the client.

3. State the Proposer’s present workload capacity and provide confirmation that the Proposer can meet the Contract start date.

4. Provide a comprehensive, detailed plan of how all transition and start-up tasks will be completed before commencement of service. The plan must include a detailed chronology/calendar and explanation of all major milestones listed. The start-up plan must also document recruitment and training schedules, acquisition permits, and licenses, employee background screening, and all other activities necessary to implement a successful transition.

5. Provide a sample of an actual facilities maintenance plan (and maintenance schedule)

for which the Proposer has prepared for a similar property.

6. Describe financial capacity to perform the required services, strength and stability of the firm.

7. State the Proposer’s professional certifications or licenses, if required, to conduct the services requested in the RFP.

8. Has Proposer been terminated for breach of contract, convenience or cause during the past five (5) years? If yes, please describe the circumstances in detail.

Tab 3 – Staff and Support Services

1. Identify proposed key staff and submit resumes detailing their qualifications and experience. Include information on levels of training received by each staff member and detailed descriptions of their involvement with projects of similar size, scope and complexity.

2. Provide the Proposer’s plan for staffing the services to be provided under this RFP, including the number and identification (by title, position, or job classification) of personnel the Proposer intends to utilize to provide the services at each transit facility. The Staffing Plan must demonstrate that the Proposer can hire and retain a sufficient number of qualified personnel to perform the services required.



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3. Describe the functional relationships, lines of authority and responsibility of employees; procedures for sustaining trained and qualified personnel; and responsibilities and workload of each organizational element.

4. Provide a back-up plan for vacancies or prolonged absentees for the Facilities

Maintenance Manager, General Maintenance, HVAC Technician, Electrician etc.

5. Describe the Proposer’s training, employee retention and incentive programs.

Tab 4 - Tracking and Reporting Capabilities

1. Describe Proposer’s ability to generate reports and the nature of those reports. Ability and willingness to work with CITY staff and develop meaningful reports that shall be periodically submitted to the CITY.

2. Provide a sample reporting package including fiscal, budget preventive maintenance and repair summary and work order sample.

3. Provide information on the Proposer’s accounting system and where the accounting services will be performed.

Tab 5 – Required Submittal Forms (Sections 8.2 – 8.8 of RFP) Certification Form (8.2)

Payment Terms (8.3)

Addenda Certification (8.4)

Debarment and Suspension Certificate (8.5)

Lobbying Certification (8.6)

Free Competitive Proposing Affidavit (8.7)

Buy America Certification (8.8)

3.6 PRICE PROPOSAL

The Proposer must complete the Price Proposal forms in Section 8.1 of this RFP and submit them in a separate sealed envelope within the price proposal package, along with the required documents listed below in Section 3.7 “Financial Responsibility” and Attachment A – DBE Outreach Efforts. The Price Proposal forms must include a cost for each Contract period for performing all services described in the Scope of Work.

3.7 FINANCIAL RESPONSIBILITY – SUBMITTED WITH PRICE PROPOSAL

The CITY Auditor or other designated personnel will independently review this category. This category will not be scored but will be reviewed to determine Proposer’s financial responsibility. Unless a Proposer’s financial responsibility is satisfactory and can be fully verified and documented, the CITY will deem its proposal nonresponsive. Each Proposer



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shall submit the following financial information with its Price Proposal. Required Components

1. State whether any participant in the proposal has ever filed bankruptcy proceedings. If so, state the date, jurisdiction, amount of liabilities, and amount of assets. Provide this information on a separate statement with the heading "BANKRUPTCY INFORMATION.”

2. Provide detailed information regarding litigation, liens, or claims arising from litigation in excess of $10,000 against any participant.

3. Provide audited financial statements of the Proposer for the last three (3) years. If Proposer is a partnership, submit audited financial statements for each partner. If audited statements are not available, the CITY will require the Proposer to submit reliable financial information satisfactory to the CITY.

4. Provide evidence of the Proposer’s ability to obtain the specified amounts of insurance from an insurance company “A.M. Best” rating of not less than B+ VI authorized to do business in Arizona.

3.8 PROPOSER EXCEPTIONS

The Proposer shall identify and list all exceptions to this RFP by referring to the page number and the specific section or paragraph to which Proposer takes exception and stating the exception clearly and specifically. The Proposer shall provide a complete explanation of why the exception was taken and what benefit would accrue to the CITY if it considered the exception. The Proposer shall list all exceptions in its technical proposal under the heading “Table of Exceptions to the RFP.” Exceptions that appear elsewhere in the Proposal are invalid and will not be considered. All exceptions to the “Draft Contract” (Attachment C) or to mandatory or material requirements of this RFP must be submitted by the due date for questions in Section 3.1 “Inquiries.” The CITY may reject any and all exceptions. Proposer may not take exception to mandatory RFP requirements or to requirements that are conditions of responsiveness.

3.9 ADDENDA

The CITY is not liable for any oral instructions or communications by CITY employees, including by the Contracting Officer, irrespective whether the instructions or comments constitute or relate to proposal instructions, specifications, or proposal documents. Any changes to the RFP will be in the form of one or more written addenda, which will be available to all Proposers on the City’s website: https://www.phoenix.gov/solicitations All addenda are part of the RFP and the resulting Contract. Proposers shall acknowledge the receipt of all addenda by submitting a signed copy of the “Addenda Certification” (Section 8.4) with their Technical Proposal.




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3.10 PROPOSER RIGHTS

All materials submitted in response to this RFP will become the CITY’s property and, at the appropriate time, a matter of public record available for review pursuant to A.R.S. 39-121, et seq. If a Proposer believes that a specific section of its proposal is confidential, the Proposer shall mark the section “CONFIDENTIAL” and segregate it in a specific and clearly labeled section of the proposal. The Proposer shall state the basis for considering the marked section confidential, including the specific harm or prejudice that may result from disclosure. If the CITY receives a public-records request for the confidential sections of the proposal, the CITY will disclose the sections to the person requesting the records, unless the Proposer immediately agrees in writing to fully defend and indemnify the CITY for all claims relating to these sections.

3.11 CITY RESERVATION OF RIGHTS

The CITY reserves the right to cancel the RFP in whole or in part, in its sole discretion, at any time before the Contract is approved and fully executed on the CITY’s behalf. In addition, this RFP and any resulting Contract are subject to cancellation in accordance with A.R.S. 38-511. Any such cancellation is without cost to the CITY. The CITY reserves the right to reject any or all proposals, to undertake discussions with one or more Proposers, and to accept that proposal which, in its judgment, will be the best value and most advantageous to the CITY, considering all of the evaluation criteria.

3.12 LATE PROPOSALS NOT CONSIDERED

Proposals received after the stipulated opening date and time will not be considered. Unopened proposal(s) will be returned to the Proposer.

3.13 RFP INCONSISTENCIES OR ERRORS

If a Proposer discovers any ambiguity, inconsistency or error in the RFP, the Proposer shall promptly notify the CITY in writing. If the Proposer fails to notify the CITY within twenty (20) calendar days before the deadline for submitting proposals, this failure waives all claims of ambiguity, inconsistency or error, and the CITY’s interpretation of the RFP will govern.

3.14 PROPOSER ERRORS OR OMISSIONS

The CITY is not responsible for any Proposer errors or omissions.

3.15 PROPOSER INCURRED COSTS

The Proposer assumes and shall pay and discharge all costs incurred in preparing or responding to this RFP. All materials and documents submitted in response to this RFP become the property of the CITY and will not be returned after the proposal submission deadline.



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3.16 MODIFICATION OR WITHDRAWAL OF PROPOSAL

A proposal may not be modified, withdrawn or canceled by a Proposer for one hundred and eighty (180) calendar days following the proposal submission deadline and, by submitting a proposal, each Proposer agrees to keep the proposal firm for that period of time. Proposals may be withdrawn, altered and/or resubmitted at any time before the submission deadline. Notice of withdrawal must be in writing and signed by the Proposer’s authorized representative. Written notice of withdrawal must be received before the proposal due date and time. Withdrawn proposal(s) may be resubmitted before the submittal due date and time.

3.17 PROPOSER CERTIFICATION

By submission of a proposal, the Proposer certifies that it has not paid or agreed to pay any fee, commission, or other item of value contingent on the award of a contract to any employee, official or current consultant of the CITY.

3.18 DISCOUNTS

Each Proposer shall specify payment terms in its proposal. If applicable, payment discounts will be computed from date of receiving acceptable services or a correct invoice, whichever is later, to date payment is mailed by the CITY.

3.19 CITY’S RIGHT TO DISQUALIFY FOR CONFLICT OF INTEREST

In its sole discretion, the CITY reserves the right to disqualify any Proposer on the basis of any real or apparent conflict of interest disclosed before contract award. Any Proposer submitting a proposal waives all objections to the CITY’s exercise of this right, now or at any future time, before any body or agency, including but not limited to, the City Council of the City of Phoenix and any court.

3.20 COVENANT AGAINST CONTINGENT FEES

The Proposer warrants that no person or selling agent has been employed or retained to solicit or secure the Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Proposer for the purpose of securing business. For breach or violation of this warranty, the CITY may cancel the Contract without liability; in its discretion, the CITY may deduct from the Contract price the consideration paid; or the CITY may otherwise recover the full amount of the commission, brokerage or contingent fee.

3.21 EXECUTION OF AGREEMENT

The “Draft Contract” included in the RFP as Attachment C will form the basis of any Contract between the CITY and the successful Proposer. The successful Proposer will be



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liable to perform all duties and obligations in the “Draft Contract” and any changes to the Contract. Within fifteen (15) calendar days of notice from the CITY that the Contract has been finalized, the successful Proposer shall sign and deliver the Contract to the CITY.



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SECTION 4 – EVALUATION AND AWARD 4.1 PROPOSAL EVALUATION, NEGOTIATION AND SELECTION

The CITY will evaluate and negotiate Proposals, select the Proposer whose proposal represents the best value to the CITY, and award any contract in accordance with the criteria and procedures described in this RFP, including this section. The RFP’s approach contemplates that proposals will first be evaluated to determine which ones are in the Competitive Range. The CITY may then discuss with Proposers and negotiate proposals in the Competitive Range, after which the CITY may request BAFOs. But the CITY may select a proposal for award without discussions or negotiations and without requesting BAFOs.

4.2 EVALUATION COMMITTEE

The CITY will appoint an Evaluation Committee. The Evaluation Committee may consist of CITY staff, staff from other transit agencies, and other persons. The Contracts Specialist will chair the Evaluation Committee, serving in a non-voting capacity. The Evaluation Committee will evaluate proposals, establish the Competitive Range, negotiate proposals, and select the Proposer, if any, to receive the contract award. The Contracts Specialist will review and score Price Proposals. The Proposer offering the lowest total for the five (5) year term of the Contract will receive the maximum points allocated for price. All other Proposers will receive points based on the mathematical relationship between their proposed price and the lowest Proposer’s price.

4.3 PROPOSAL SELECTION PROCESS

This section describes the process by which proposals will be reviewed and evaluated and the Proposer selected for a potential award. In selecting a Proposer, the CITY will apply the evaluation criteria set forth below. The section “Qualification (Responsibility) Requirements” below specifies the requirements for determining responsible Proposers, all of which requirements must be met by a Proposer to be found qualified. The final determination of a Proposer’s qualifications will be based upon all information received during the evaluation process. The section “Proposal Evaluation Criteria” below contains the evaluation criteria, and specifies their relative weight, by which proposals will be evaluated. An award, if made, will be to a responsible Proposer whose proposal represents the best value to the CITY based on price and all other evaluation criteria.

4.3.1 Qualification (Responsibility) Requirements The following requirements determine Proposer responsibility. All of these requirements must be met. They are not listed in order of importance. The CITY’s final review of a Proposer’s responsibility will be based on the information in the proposal, any information submitted at the CITY’s request, all information in a best and final offer, and information received from Proposer’s references. Any Proposer



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whose proposal does not meet these requirements, as determined by the Evaluation Committee, is not responsible, and the Proposer’s proposal will not be considered further in the evaluation process. The requirements are as follows. A. Each Proposer shall possess and demonstrate the financial strength, resources

and capability to perform the Work and to complete the contract in a satisfactory manner, as measured by the following: 1. Proposer’s financial statements, which must be prepared in accordance

with generally accepted accounting principles of the jurisdiction in which the Proposer is domiciled and which statements must be audited by an independent, certified public accountant. The City Auditor, or other designated personnel, will independently review the financial responsibility of Proposers.

2. Proposer’s ability to secure the required insurance coverages in limits that

meet minimum RFP requirements, all as evidenced by a commitment letter from an underwriter confirming that Proposer is insurable for the required coverages in the required limits.

B. Each Proposer shall demonstrate evidence that its human and physical resources are sufficient to perform the contract and to ensure the level of service required, including sufficient personnel in the requisite disciplines and all necessary licenses, skills, experience and equipment to complete the contract as required.

C. Each Proposer shall demonstrate evidence of satisfactory past performance of contracts of similar size, scope and complexity as evidenced by client references.

4.3.2 Proposal Evaluation Criteria The following constitute the criteria, listed in order of importance, by which the CITY will evaluate and rank Proposals for purposes of determining the Competitive Range and selecting a Proposal for a potential award. The Contracts Specialist will review and analyze all Proposer exceptions, conditions, reservations or understandings, if any, stated in each proposal. If the exceptions, conditions, reservations or understandings are acceptable, the Evaluation Committee will evaluate the proposal according to the evaluation criteria affected by the exceptions, conditions, reservations or understandings. The CITY may reject any and all exceptions. Proposer may not take exception to mandatory RFP requirements or to requirements that are conditions of responsiveness.

A. Proposer’s Total Price (0-500 points) The price evaluation will be based on the total price to the CITY for the total term of the Contract. The Proposer offering the lowest overall price will receive the maximum points allocated for price. All other Proposers will receive points



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based on the mathematical relationship between their proposed prices and the lowest Proposer’s price.

B. Proposer’s Qualifications, Experience and Past Performance (0-200 points)

1. Demonstrated past and present performance on contracts of similar size, scope and complexity.

2. Experience operating a comparable facility maintenance program. 3. Proposer’s ability to generate meaningful reports. 4. Professional references.

C. Qualifications of Principle Management and Proposed Staff (0-150 points)

1. Qualifications and experience of key staff assigned to this Contract. 2. Organizational structure and staffing to effectively accomplish the work

required. 3. Procedures for training personnel, employee retention and incentive

programs.

D. Proposer’s Understanding of Scope of Work and Transition Plan (0-150 points)

1. Understanding of work scope and complexity of services contemplated in this RFP.

2. Proposer’s transition plan documenting recruitment, training and all other major activities performed to prepare for contract start-up.

3. Staffing plan and labor distribution among activities. 4.4 EVALUATION PROCEDURE

The detailed evaluation forms and procedures follow the same proposal format and organization specified in Section 3.5 “Proposal Format.” Therefore, Proposers must closely read and strictly follow all instructions. By submitting a proposal, the Proposer accepts all of the contract documents, except the conditions, exceptions, reservations or understandings that are explicitly, fully and separately stated and submitted in accordance with Section 3.8 “Proposer Exceptions.” Under the criteria set forth in Section 4.3 “Proposal Selection Process,” the Evaluation Committee will evaluate any conditions, exceptions, reservations or understandings that do not result in the rejection of the proposal. Evaluations will be made in strict accordance with all of the evaluation criteria specified in Section 4.3 “Proposal Selection Process.” The Evaluation Committee will recommend the Proposal that constitutes the best value and is the most advantageous to the CITY.

4.5 EVALUATION OF COMPETITIVE PROPOSALS

4.5.1 Determining Responsiveness Nonresponsive proposals will not be considered in the evaluation process. The RFP states criteria that determine responsiveness, and the RFP identifies terms and conditions that if included or excluded from proposals (as the case may be) will



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render a proposal nonresponsive. The Contracts Specialist in consultation with legal counsel will review only exceptions, conditions, reservations or understandings that are explicitly, fully and separately stated in a proposal to determine if one or more are acceptable. Exceptions, conditions, reservations, or understandings are presumed to be unacceptable, and a Proposal that includes unacceptable exceptions, conditions, reservations, or understandings may be rejected as nonresponsive.

4.5.2 Qualification of Responsible Proposers The Contracts Specialist, in consultation with legal counsel, will review each Proposal to determine if the Proposer is responsible. This determination will be made based on the initial information in the Proposal, any information at the CITY’s request, information in any best and final offer, and information received from Proposer’s references, including information about Proposer’s past history. A review of responsibility may occur up to contract award.

4.5.3 Detailed Evaluation of Proposals and Determination of Competitive Range The Evaluation Committee will perform and document its evaluation in accordance with the criteria and procedures set forth in RFP Section 4.3 “Proposal Selection Process.” During deliberations, the Evaluation Committee will reach a consensus score for each evaluation criterion except price, which the Contracts Specialist will score. The consensus scores will determine the Proposers’ rankings and which Proposals are within the Competitive Range.

4.5.4 Proposals not within the Competitive Range In accordance with CITY policies, the CITY will notify Proposers of any proposals that the CITY has determined are not in the Competitive Range.

4.5.5 Discussions with Proposers in the Competitive Range The CITY will notify each Proposer whose proposal is in the Competitive Range and provide in writing any questions or requests for clarification to the Proposer. Each Proposer so notified may be interviewed by the CITY and asked to discuss answers to written or oral questions or provide clarifications to any facet of its proposal. If a proposal in the Competitive Range contains conditions, exceptions, reservations or understandings to or about any contract requirement as provided in Section 3.8 “Proposer Exceptions,” the CITY may discuss or negotiate the conditions, exceptions, reservations or understandings during these meetings. But the CITY in its sole discretion may reject any and all conditions, exceptions, reservations and understandings, and the CITY may instruct any Proposer to remove the conditions, exceptions, reservations or understandings. If the Proposer fails to do so, the CITY may determine the Proposal is nonresponsive, and the CITY may revoke its determination that the proposal is in the Competitive Range. To the fullest extent permitted by law, the CITY will not provide any information, financial or otherwise, to any Proposer about other proposals received in response



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to this RFP. During discussions with Proposers in the Competitive Range, the CITY will not give Proposers specific prices or specific financial requirements that Proposers must meet to qualify for further consideration. But the CITY may state that proposed prices are too high with respect to the marketplace or otherwise unacceptable. Proposers will not be told of their relative rankings before contract award.

4.5.6 Best and Final Offers (BAFO)

Each 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 in Section 4.3 “Proposal Selection Process” as weighted, the CITY will then perform final scoring and prepare final rankings.

The Evaluation Committee will recommend the proposal that is the best value and 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.

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.

4.5.8 Debriefing After contract award, unsuccessful Proposers will be notified and may request a debriefing.



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4.6 PROTEST PROCEDURE

An unsuccessful Proposer that intends to protest the award must comply with the CITY’s protest procedure.

Staff’s recommendation to award a Contract to a particular Proposer will be posted on the CITY website. An unsuccessful Proposer may file a protest no later than seven (7) calendar days after the recommendation is posted on the website. All protests must be in writing, filed with the Contracting Officer, Jim Campion (email: [email protected]) and include the following:

Identification of the RFP;

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 Contracting Officer will render a written decision within fourteen (14) calendar days after the protest is filed. The Contracting Officer may extend this deadline if necessary. The CITY will not request City Council authorization to award the Contract until the protest process is completed. The Contracting Officer’s decision on a protest is final and binding. But the protester may appeal the decision as permitted in the CITY’s protest procedure and may appeal further to the FTA for procurements funded in whole or in part with FTA funds in accordance with FTA requirements. The protester must exhaust its administrative remedies by pursuing the CITY’s protest procedure to completion before appealing the CITY’s decision to FTA. FTA’s review of protests is limited to:

The CITY’s failure to follow its protest procedures or its failure to review a complaint or protest; or

Violations of federal law or regulations. An appeal to FTA must be received by the appropriate FTA Regional Office or FTA Headquarters within five (5) working days of the date the protestor learned or should have learned of an adverse decision by the CITY or any other basis of appeal to FTA.

mailto:[email protected]



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SECTION 5 – SPECIAL TERMS AND CONDITIONS 5.1 METHOD OF PAYMENT AND INVOICING

The CITY will compensate the Contractor for satisfactory and complete performance of work under the Contract at the prices set forth in the Contract. The Contractor shall be paid on a monthly basis in arrears. The Contractor shall submit one (1) invoice to the CITY for facilities maintenance services provided during the previous month. Invoice must be submitted to the CITY by the 15th day of the month following the period in which the services were performed and must contain date, contract number, supporting documentation, and invoice amount. The invoice shall list the cost separately, by location, for the transit operating facilities (i.e. North, South or West Transit Facility). Advance payments are not authorized. Payment will be made only for actual services that have been received. The CITY shall make every effort to process payment for the purchase of services within thirty (30) calendar days after receipt and approval of a correct invoice. Any prompt payment terms offered must be clearly noted by the Contractor on all invoices submitted to the CITY. Payment of invoice(s) will be delayed if an invoice or supporting documentation submitted is incorrect or incomplete. Invoices must be sent to:

City of Phoenix/Public Transit Department Attn: Transit Facilities Contract Manager 302 North First Avenue, Suite 900 Phoenix, Arizona 85003

5.1.1 Monthly Maintenance Invoice

All Invoices must include the following information:

CITY contract number

Invoice number and date

Payment terms

FOB terms

5.1.2 Additional Services Invoice Additional services must be invoiced separately from the monthly maintenance invoice and must also include the following information:

Written description, date and location of service

Copy of original cost estimates with all bids received (include parts and labor)

Copy of approved work request signed by the Facilities Coordinator

Copy of original invoice from subcontractor or vendor

Part number, unit price, extended and totaled

Quantity ordered, back ordered and shipped

Applicable Tax



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The Contractor must submit three (3) cost estimates for parts and material over $1,000. Contractor shall not “split” the purchase of parts in order to stay under the $1,000 limit. Contractor shall provide a total cost for the additional services (materials, parts and labor) for the CITY’s approval. Contractor must receive written authorization from the CITY prior to performing additional services.

5.2 PRICE

The Contractor shall be paid a firm and fixed flat rate facilities maintenance management fee to perform all the inclusive services outlined in the RFP for the term of the Contract. After the initial contract period, the cost of services will be adjusted to conform to those submitted by the Contractor for each respective year through the term of the Contract.

5.3 ADDITION/DELETION OF SERVICES

The CITY reserves the right to add and/or delete services under the Contract. If service levels increase or decrease the cost will be adjusted in accordance with the contract price. All contract changes may be incorporated into written and signed change orders to the Contract at the sole discretion of the CITY. If applicable, each change order will state any increase or decrease in the amount of the compensation due to the Contractor for the change in service. Oral changes to the Contract are not authorized, but the CITY may provide changes by written notification to the Contractor.

5.4 UNSATISFACTORY PERFORMANCE

The CITY shall decide all questions as to the quality and acceptability of any work performed under the contract as monitored and documented in the Contract Oversight Plan (See Attachment D – Draft Contract Oversight Plan). If, in the opinion of the CITY, performance becomes unsatisfactory, the CITY will notify the Contractor. If not specifically stated elsewhere in the RFP, the Contractor will have a reasonable amount of time to cure the unsatisfactory performance. In the event the unsatisfactory performance is not corrected within the time specified, the CITY shall have the immediate right to complete the work to its satisfaction and deduct the cost to cover from any balances due or to become due to the Contractor in the form of liquidated damages. Repeated incidences of unsatisfactory performance may result in cancellation of the contract for default.

5.5 PRE-COMMENCEMENT MEETING The Contractor shall be required to attend a pre-commencement meeting as determined by the CITY.

5.6 CONTRACT REVIEWS The CITY will conduct monthly compliance reviews or as often as it deems prudent. The review with the Contractor is to discuss any previous and upcoming issues. The Contractor will be notified of the exact time and place of each meeting.



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5.7 WORKMANSHIP Where not more specifically described in any of the various sections of the RFP, workmanship shall conform to all of the methods and operations of best standards and accepted practices of the trade or trades involved, and shall include all items of fabrication, construction or installation regularly furnished or required for completion of the services. All work shall be executed by personnel skilled and licensed/certified in their respective lines of work.

5.8 INDEMNIFICATION OF CITY AGAINST LIABILITY General: Contractor must indemnify, defend, save and hold harmless the CITY 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 must, 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 the 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. Environmental Law: The Contractor (as “Indemnitor”) agrees to indemnify, defend, save and hold harmless the CITY and its officers, officials, agents and employees (as “Indemnitee”) from and against any and all demands, claims, complaints, losses, damages, actions or causes of action, assessments, liabilities, costs or expenses including, without limitation, interest, penalties and reasonable attorney’s fees and reasonable expenses of investigation and remedial work (including investigations and remediation by engineers, environmental consultants and similar technical personnel) asserted against or imposed upon or incurred by Indemnitee arising in connection with, or resulting from, any Environmental Law, including but not limited to, any use, generation, storage, spill, release, discharge or disposal of any Hazardous Substance that is now or comes to be located on, at, about or under the property or because of, or in connection with, the violation of any Environmental Law (hereinafter collectively referred to as “Claims”) to the extent that such Claims are caused by the Fault of the Indemnitor, its officers, officials, agents, employees, contractors, volunteers, tenants, subtenants, invitees or licensees. As used in this section: (a) “Hazardous Substances” are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, or other petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) “Environmental Law” means federal, state or



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local laws and regulations, including common law, that relate to health, safety or environmental protection; and (c) “Fault” means those nonculpable acts or omissions giving rise to strict liability under any Environmental Law pertaining to Hazardous Substances, as well as culpable conduct (negligence or willful misconduct). In consideration of the award of the 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.

5.9 INSURANCE REQUIREMENTS The Contractor and its subcontractors must provide to the CITY, immediately upon

receiving notice of contact award, a certificate of insurance acceptable to the CITY in the amounts and form specified below. Failure of the Contractor and its subcontractors to maintain insurance during the term of the Contract, including renewal options, may result in immediate termination of the contract without notice. Insurance requirements are subject to periodic review and adjustment by the CITY. The Contractor and its subcontractors must procure and maintain until all of their obligations have been discharged, including any warranty periods under the Contract are satisfied, insurance against claims which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. These insurance requirements are minimum requirements for the contract and in no way limit the indemnity covenants contained in the contract. The CITY in no way warrants that the minimum limits contained in this section are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under the contract by the Contractor, its agents, representatives, employees or subcontractors, and the Contractor is free to purchase additional insurance as may be determined necessary. The Contractor may satisfy these requirements with a combination of insurance or self-insurance. If the Contractor elects to self-insure any part or all of these requirements, it must disclose to the CITY the level of self-insurance elected prior to entering into the contract. The CITY may require the Contractor to produce evidence of financial stability for any level of self-insurance. MINIMUM SCOPE AND LIMITS OF INSURANCE: The Contractor must provide coverage with limits of liability not less than those stated below. 1. Commercial General Liability – Occurrence Form

Policy must include bodily injury, property damage and broad form contractual liability coverage.

General Aggregate $ 5,000,000

Products – Completed Operations Aggregate $ 5,000,000

Personal and Advertising Injury $ 5,000,000

Each Occurrence $ 5,000,000



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a. The policy must be endorsed to include the following additional insured language: "The City of Phoenix is named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor and with respect to Contractor’s occupancy and use of the City’s premises.”

b. Policy must be endorsed to include master key coverage. c. Policy must be endorsed to include coverage for “care-custody-control.”

2. Automobile Liability

The Contractor shall maintain liability coverage for bodily Injury and property damage arising out of the use and/or operation of any owned, hired, and non-owned vehicles used in the performance of the contract.

Combined Single Limit (CSL) $1,000,000

a. The policy must be endorsed to include the following additional insured language: "The City of Phoenix is named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor, including automobiles owned, leased, hired or borrowed by the Contractor".

3. Worker's Compensation and Employers' Liability

Workers' Compensation Statutory

Employers' Liability:

Each Accident $100,000

Disease – Each Employee $100,000

Disease – Policy Limit $500,000

a. Policy must contain a waiver of subrogation against the City of Phoenix. b. 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.

4. Fidelity Bond or Crime Insurance

Bond or Policy Limit $ 50,000

a. The bond or policy must include coverage for all directors, officers, agents and employees of the Contractor.

b. The bond or policy must include coverage for third party fidelity, i.e. property of third parties that is held by the Insured in any capacity, or property for which the Insured is legally liable.

c. The bond or policy must include but not be limited to coverage for theft of property located on the Insured’s premises or while in transit, loss due to forgery or alteration of negotiable instruments (e.g. securities, checks) or loss to electronic funds transfer fraud.



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d. The bond or policy must not contain a condition requiring an arrest and conviction.

5. Contractor’s Pollution Liability

For losses caused by pollution conditions that arise from the operations of the Contractor as described in the Scope of Work section of the Contract.

Per Occurrence $1,000,000 General Aggregate $2,000,000

a. The policy should be written on an “occurrence” basis with no sunset clause or if written on a “claims-made” basis, it must be maintained for a period of not less than eight (8) years with the retroactive date to be prior to or held constant with the date of the Contract.

b. Such policy must name the City of Phoenix and its subsidiaries and affiliates as Additional Insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor.

c. The policy must provide coverage for pollution conditions that arise from the operations of the Contractor described under the scope of work of the Contract. The policy should include the following coverages:

1) Bodily injury, sickness, disease, mental anguish or shock sustained by any person, including death and medical monitoring costs.

2) Property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, clean-up costs, and the loss if use of tangible property that has not been physically injured or destroyed including diminution in value.

3) Environmental damage including physical damage to soil, surface water or groundwater, or plant or animal life, caused by pollution conditions and giving rise to clean-up costs.

4) Defense including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensation damages.

5) Asbestos or lead – no exclusion. 6) Mold coverage. 7) Transportation cargo. 8) Non-owned disposal site coverage.

d. Should any of the work involve treatment, storage or disposal of hazardous wastes from the job site, Contractor must furnish an insurance certificate from the designated disposal facility establishing that the facility operator maintains current Pollution Legal Liability Insurance in the amount of not less than $1,000,000 per occurrence / $2,000,000 annual aggregate and will cover sudden and gradual pollution losses arising from the facility, associated with work performed under the Contract.



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ADDITIONAL INSURANCE REQUIREMENTS: Policies must include, or be endorsed to include, the following provisions: 1. On insurance policies where the City of Phoenix is named as an additional insured,

the City of Phoenix must 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 the Contract.

2. Contractor’s insurance coverage or self-insurance must be primary insurance and non-contributory with respect to all other available sources.

3. Coverage provided by the Contractor must not be limited to the liability assumed under the indemnification provisions of the contract.

NOTICE OF CANCELLATION: For each insurance policy required by the insurance provisions of the Contract, the Contractor must provide to the CITY, within two (2) business days of receipt, a notice if a policy is suspended, voided or cancelled for any reason. Such notice must be sent directly to: City of Phoenix Public Transit Department, Attn: Kimberly Hayden, 302 North 1st Avenue, Suite 900, Phoenix, AZ 85003, and must be sent by certified mail or email to [email protected].

ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers duly licensed

or approved unlicensed companies 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.

VERIFICATION OF COVERAGE: The Contractor must furnish the CITY with certificates of insurance (ACORD form or equivalent approved by the CITY) as required by the 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 endorsements are to be received and approved by the CITY before work commences. Each insurance policy required by the Contract must be in effect at or prior to commencement of work under the Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by the Contract or to provide evidence of renewal is a material breach of Contract. All certificates required by the Contract must be sent directly to: City of Phoenix Public Transit Department, Attn: Kimberly Hayden, 302 North 1st Avenue, Suite 900, Phoenix, AZ 85003 or email to [email protected]. The CITY contract number and project description must be noted on the certificate of insurance. The CITY reserves the right to require complete, certified copies of all insurance policies required by the contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE CITY'S RISK MANAGEMENT DIVISION.

SUBCONTRACTORS: The Contractors’ certificate(s) must include all subcontractors as additional insureds under its policies or the Contractor must furnish to CITY separate certificates and endorsements for each subcontractor. All coverages for subcontractors must conform to the minimum requirements identified above.





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APPROVAL: Any modification or variation from the insurance requirements in the contract must be made by the Law Department, whose decision is final. Such action will not require a formal contract amendment, but may be made by administrative action.

5.10 CONTRACTOR AND SUBCONTRACTOR WORKER BACKGROUND SCREENING

The Contractor agrees that all contract workers and subcontractors (collectively “contract worker(s)”) that the Contractor provides pursuant to this Contract shall be subject to background and security checks and screening (collectively “Background Screening”) as set forth in this RFP. The Contractor shall perform at its sole cost and expense all such Background Screening pursuant to the provisions in this RFP. The provider of the Background Screening shall comply with all applicable laws, rules and regulations. The Contractor further agrees that the Background Screening required in this RFP is necessary to preserve and protect public health, safety and welfare. The Background Screening requirements set forth in these provisions are the minimum requirements for this Contract. The CITY in no way warrants that these minimum requirements are sufficient to protect Contractor from any liabilities that may arise out of the Contractor’s services under this Contract. Therefore, in addition to the specific measures set forth below, the 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 Contract. The Contractor shall be responsible and shall warrant that all Background Screening information furnished to the CITY is accurate and current through the date of hire of the proposed contract worker. 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 Maximum 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 a City workers. The Background Screening for minimum risk shall consist of the screening required by A.R.S. § 41-4401 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 for 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



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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 the CITY funds or control or inventories, assets, or records that are at risk of misappropriation; or (iii) have unescorted access to the 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, § 2-45.6.

Contractor Certification; City Approval of Maximum Background Screening. By executing the Contract, the Contractor certifies and warrants that the Contractor has read the Background Screening requirements and criteria set forth above, understands them and that the Contractor has satisfied all such Background Screening requirements for the Minimum Risk Background Screenings. In addition, for Maximum Risk Background Screening, the Contractor shall provide for the CITY’s review and approval such Background Screenings for any contract worker considered for performing services under the Contract where human safety or facility security is classified as a Maximum Risk level. The CITY may, in its sole discretion, accept or reject any or all of the contract workers proposed by the Contractor for performing work under the Contract. A contract worker rejected for work at a Maximum Risk level under this Contract shall not be proposed to perform work under other CITY contracts or engagements without CITY’s prior written approval. Terms of This Provision Applicable to all of Contractor’s Contracts and Subcontracts. The Contractor shall include the terms of this provision for contract worker Background Screening in all contracts and subcontracts for work performed under the Contract, including supervision and oversight. Materiality of Background Screening Provisions; Indemnity. The Background Screening provisions of the Contract, as set forth above, are material to CITY’s entry into the Contract and any breach thereof by the Contractor may, at CITY’s option, sole and unfettered discretion, be considered to be a material breach of the Contract. In addition to the indemnity provisions set forth in Section 5.8 of this RFP, Contractor shall defend, indemnify and hold harmless the CITY for any and all Claims (as defined in Section 5.10) arising out of these Background Screening provisions including, but not limited to, the



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disqualification of a contract worker by Contractor or the CITY for failure to satisfy these provisions. Continuing Duty; Audit. The Contractor’s obligations that the Contractor’s workers satisfy the Background Screening requirements in these provisions shall continue throughout the entire term of the Contract. The Contractor shall notify the CITY immediately of any change to a Maximum Risk Background Screening of a contract worker previously approved by the CITY. The Contractor shall maintain all records and documents related to all Background Screenings and the CITY reserves the right to audit the Contractor’s compliance with these provisions pursuant to Section 7.3.

5.11 ACCESS CONTROLS, BADGE AND KEY ACCESS PROCEDURES

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. Badge Access Procedures. An authorized City of Phoenix badge application form is available at the City of Phoenix Badging Office, 251 W. Washington, 2nd Floor, Phoenix, AZ 85003 or Public Transit Department Badging Office, 302 N. 1st Avenue, 8th Floor, Phoenix, AZ 85003. Each contract worker (as defined herein) who is furnishing Standard Risk (as defined herein) or Maximum Risk (as defined herein) services under the Contract shall submit to the City of Phoenix Public Transit Department Facilities Division, 302 N. 1st Avenue, 9th Floor: (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”; (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 in Section 5.10). 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. 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. Stolen or Lost Badges or Keys. The Contractor shall report lost or stolen badges or keys to their local police department and must obtain a police department report (PDR) prior to



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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. 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 the contract. The 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 contract. 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 contract 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 the contract. The 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, the 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 the Contractor 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) for each breach by the 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 the contract in the event that the 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 event that the Contractor breaches this section. The parties further agree that three (3) breaches by the Contractor of this section arising out of any default within a consecutive period of three (3) months or three (3) breaches by the Contractor of this section arising out of the default within a period of twelve (12) consecutive months shall constitute a material breach of this contract by the Contractor and the CITY expressly reserves all of its rights, remedies and interests under the contract by the Contractor and the CITY expressly reserves all of its rights, remedies and interests under the contract, at law and in equity including, but not limited to, termination of the contract. Badge, Intrusion Breach and Key Fees. The following constitute the badge and key fees under this contract. The CITY reserves the right to amend these fees upon thirty (30) days prior written notice to the Contractor.



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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 Additional/Lost /Stolen Key Fee: $ 55.00 per key Additional/Replacement Locks $ 55.00 per lock Intrusion Alarm Breach $ 75.00 per occurrence and failing to notify Central Monitoring System (CMS) at time of breach causing a False Alarm Charge.



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SECTION 6 – GENERAL TERMS AND CONDITIONS Any Proposer entering into a contract with the CITY must agree to a number of general terms and conditions. If a Proposer takes exception to any term or condition, Proposer must follow the sections governing exceptions. By submitting a proposal, each Proposer agrees that the CITY will prepare any contract awarded. No Proposer may insist on or use its standard contract, terms and conditions, or other documents or forms. Under the Phoenix City Charter, the City Attorney must draft the contract to be executed. The proposed contract form is Attachment C. Proposers shall carefully read the draft contract, to which the successful Proposer will be bound. 6.1 AFFIRMATIVE ACTION REQUIREMENT

The Contractor 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 shall ensure that applicants are employed, and employees are dealt with during employment, without regard to their race, color, religion, sex, national origin, age, or disability. These actions include the following: employment; promotion, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall ensure that this clause is incorporated in all subcontracts with all labor organizations furnishing skilled, unskilled and union labor, or other organizations that may perform any labor or services in connection with the Contract. The Contractor shall ensure that this clause is incorporated in all other subcontracts, consultant agreements or subleases of the Contract entered into by the Contractor.

6.2 NON-WAIVER OF LIABILITY In execution of the public trust, the CITY (as a public entity supported by tax revenues) cannot agree to waive any lawful right to recover amounts due it. Therefore, the Contractor may not insist upon or demand any agreement by which the CITY limits in advance or waives any right the CITY might have to recover damages in any court under applicable Arizona law. The Contractor may not take exception to this Section, and any attempt to do so during the solicitation phase will render the CITY’s proposal nonresponsive.

6.3 CONTRACT OVERSIGHT The CITY shall assign staff to provide day-to-day oversight of the Contract. Contract monitoring and on-site inspections will be conducted routinely to ensure compliance with the Contract’s terms and conditions.

6.4 LICENSES AND PERMITS The Contractor must be and remain current with all federal, state, and local licenses and permits required to perform Contractor’s work under the Contract.



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6.5 LEGAL WORKER REQUIREMENTS The CITY is prohibited by A.R.S. § 41-4401 from awarding a contract to any Contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A). Therefore, the Contractor agrees that: A. The Contractor and each subcontractor it uses warrants their compliance with all

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

B. A breach of a warranty under paragraph A shall be deemed a material breach of the Contract that is subject to penalties up to and including termination of the Contract.

C. The CITY retains the legal right to inspect the records and any other documents of any Contractor or subcontractor employee who works on the Contract to ensure that the Contractor or subcontractor is complying with the warranty under paragraph A.

6.6 EXCLUSIVE POSSESSION All services, information, computer program elements, reports, and other deliverables that may be created under the Contract are the sole property of the CITY and shall not be used or released by the Contractor or any other person except with prior written permission by the CITY.

6.7 WORK FOR HIRE, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS All services performed under the Contract, and all materials, concepts, ideas, or other products made and/or completed pursuant thereto, shall be considered works made for hire and all copyright ownership and authorship rights in and to said work(s) shall belong to the CITY. In the event that the work(s) are deemed not to be work(s) for hire, then, and in that event, the Contractor hereby transfer and assign to the CITY all of the Contractor’s right, title and interest for the entire world in and to the work(s), including, but not limited to, any trademark, copyright or other intellectual property interest that the Contractor may have. Further, the Contractor agrees to cooperate with the CITY with regard to the CITY’s ownership claims and to execute such additional documents as may be reasonably necessary to confirm ownership and to conform to the Contractor’s above state ownership/assignment obligation.

6.8 DAMAGE TO CITY PROPERTY The Contractor shall perform all work so that no damage to the CITY building or grounds results. The Contractor shall repair any damage caused to the CITY’s satisfaction at no cost to the CITY. The Contractor shall exercise care to avoid damage to adjacent finished materials that are to remain. If finished materials are damaged, the Contractor shall repair and finish to match existing materials as approved by the CITY at the Contractor’s expense.

6.9 CONTRACTOR INCURRED RISKS The CITY does not assume any responsibility or liability, at any time, for the protection or loss of materials from the time Contract operations commence until Contract expiration.



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Any such loss, injury or destruction will not release the Contractor from any obligations under the Contract.

6.10 CONTINUITY OF SERVICES The Contractor recognizes that the services under the Contract are vital to the CITY and must be continued without interruption, and upon Contract expiration, a successor—either the CITY or another Contractor—may continue these services. The Contractor agrees to exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor. If transferred employees are required to undergo training, the Contractor shall work with the successor as to agreeable dates/times employees may be allowed to attend training session(s).

6.11 FAILURE TO COMPLY If any services performed or equipment provided under the Contract are not in conformity with all Contract requirements, the CITY may require the Contractor to immediately take all necessary steps to ensure that future services performed will conform to the Contract. The CITY may reduce the Contract price to reflect the actual value of the equipment provided or services performed. If the Contractor fails to promptly take necessary steps to ensure that future equipment provided or services performed conform to the requirements of the Contract, the CITY may terminate the Contract for default.

6.12 CONTRACT CLOSEOUT At the end of the Contract, the CITY shall review the Contract to ensure all required deliverables have been met. This includes, but is not limited to, an audit of Contractor’s financial and operational records and an inspection of all CITY equipment provided to the Contractor. Any outstanding issues must be resolved within thirty (30) days of Contract completion, at which time a Notice of Contract Closure must be sent by the CITY to finalize the Contract closure between the parties. The Contractor shall keep all Contract-related records for a minimum of five (5) years after Contract completion, expiration or termination. Upon twenty-four (24) hour notice, the Contractor shall make available all records to the CITY or its agents for audit during normal business hours. In the event of litigation or claims related to the Contract, Contractor shall maintain all records until the litigation or claim is concluded or five (5) years after the end of the Contract, whichever last occurs.

6.13 TRANSITION COOPERATION AGREEMENT

Upon expiration, termination or other conclusion of the Contract and of the Contractor’s rights and duties under it, the parties anticipate that a successor provider may be selected by the CITY to perform the same or similar work. The successor provider may be the Contractor or some other individual, firm or entity. If the successor provider is an individual, firm or entity (other than the Contractor) then the



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Contractor shall cooperate fully with the successor provider to effect a smooth and seamless transition. This cooperation must include the following.

A. The Contractor shall share and permit copying of all books and records necessary or convenient for the successor provider to undertake its work. These records include maintenance records, inventory records, supplier contracts, and support agreements.

B. If original records are necessary for the successor provider to properly perform its legal obligations, Contractor shall provide the originals to the successor, and the Contractor shall keep copies of them.

C. Contractor shall share and permit copying of all pertinent personnel records.

D. Contractor shall execute documents necessary to effectuate a transfer of all contracts, goods, services and utilities.

E. Contractor shall not sell, transfer, convey or encumber any CITY assets or any of the assets to be transferred to the successor provider.

F. Contractor shall maintain all inventory levels necessary for the successor provider to continue to perform the work.

G. As the CITY may direct, Contractor shall surrender to the successor provider or to the CITY all CITY-owned real, personal and/or intellectual property.

H. Contractor shall inventory all property (real, personal or mixed) purchased or leased with CITY funds and all property in which the CITY has an ownership or possessory interest. Contractor shall include a description of the property and its location in sufficient detail to permit easy identification.

Until the date that the successor provider assumes its contractual duties, the Contractor shall fully and conscientiously perform its obligations under the Contract in a professional and workman-like manner.

6.14 ENVIRONMENTAL MANAGEMENT – INTERIOR AND EXTERIOR Contractor shall comply with the procedures contained in the City of Phoenix Public Transit Department Hazardous Building Materials Program as outlined in Exhibit AA and Exhibit BB.

All Contractor staff shall have Asbestos Awareness Training (typically a 2-hour training class). The asbestos awareness training must meet all Environmental Protection Agency training requirements under the Asbestos Hazard Emergency Response Act (AHERA) [40CFR763.92 (a)(2)(l)] for school and custodial and maintenance personnel and OSHA training requirements [29CFR1926.1101(k)(9)] for Class IV work. This is basic training for persons who may contact, but not disturb, asbestos containing materials, or who may clean up existing contamination. The awareness training shall be provided to all new staff and this training shall be refreshed every 3 years by a certified trainer. At least one on-site staff member shall have AHERA/OSHA Operation and Maintenance Class III training and certification. The training and certification must meet all



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Environmental Protection Agency training requirements under the Asbestos Hazard Emergency Response Act (AHERA) [40CFR763.92(a)(2)] and OSHA training requirements [29CFR1926.1101(k)(9)] for Class III work. This provides training on personal protection, special work practices, special cleaning, decontamination, waste management and typically a full day of hands-on activities. This training and certification allows the contractor to make small repairs to potentially asbestos containing materials within the existing laws and regulations. The Class III training and certification must be renewed annually. The Contractor shall be responsible for all costs associated with the training and certifications required by this contract.

6.15 ENVIRONMENTALLY PREFERRED PRODUCTS Processes using products in Sections 6.15.1-6.15.15 below may not be applicable to

the Contractor’s performance of work on the contract, but if during the term of the contract, a process requiring these types of products is needed, these guidelines shall be followed and adhered to.

The CITY has adopted a pollution prevention (P2) policy to provide sound environmental

stewardship, protect human health, reduce operating expenses associated with the use of hazardous materials, and reduce potential liability to the CITY. The policy reflects our environmentally preferable purchasing (EPP) initiative. “Environmentally preferred” means products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison considers the potential employee health and environmental effects of a product, as well as special handling requirements, and disposal costs. The Contractor must ensure compliance with all federal, state, and local health, safety and environmental regulations in accordance with the terms of the contract. This includes compliance with Occupational Health and Safety Act (OSHA) requirements under the Hazard Communication Standard, the EPA Resource Conservation and Recovery Act (RCRA), and Maricopa County Air Rules. Chemical storage on site should be limited and chemicals must be stored safely with appropriate spill response equipment, procedures, and staff training. CITY staff will monitor compliance with such regulations throughout the facility. The CITY’s practice is to purchase sustainable cleaning products and materials. Sustainable cleaning chemicals shall meet the criteria of either Green Seal standard GS-37 “Industrial and Institutional Cleaners” or the California Code of Regulations VOC limits for those products where GS-37 is not applicable. Paper products and trash liners will meet the criteria of the Environmental Protection Agency’s (EPA) Comprehensive Procurement Guidelines. The CITY’s policy is to use its cleaning practices and associated cleaning product supply purchases to promote sustainability and improve building safety and occupant well-being. Practices required ensure that all cleaning procedures, equipment, and cleaning chemicals in use at CITY-owned facilities assure a clean and safe building, reduce the risk of toxic



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chemical exposure to contractor staff and building occupants, and maintain healthy air quality. The CITY strives to use only cleaning products, materials, and equipment which meet the criteria of the United States Green Building Councils’ (USGBC) Leadership in Energy and Environmental Design -- Existing Buildings Operations and Maintenance (LEED-EB O&M). The use of sustainable cleaning systems protects the environment and protects occupant exposure to toxic materials by reducing the overall need to clean chemically. When cleaning chemicals are used, Contractor staff shall use concentrated products diluted on site wherever available, which reduces energy use involved with the transportation of product and resource conservation from reduced packaging. The use of sustainable cleaning products meeting the requirements set forth in LEED-EB, ensures that volatile organic compound (VOC) limits are reduced. This improves indoor air quality, reduces ground ozone formation, releases no ozone-depleting chemicals and reduces risk for occupants to toxic chemical exposure. The FMC shall have appropriate standard operating procedures in place which reflect the core principles of green cleaning. Procedures shall also address how its cleaning will be consistently implemented, managed, and audited. Use of sustainable cleaning products is achieved through coordination with the custodial service contractor who will use cleaning chemicals that are primarily Green Seal GS-37 certified products. The contract monitor shall only allow on site chemicals which have been approved for use in each facility. A log sheet of the chemicals stored and used on each premises shall be maintained by the janitorial service contractor, as well as readily-available and organized Material Safety Data Sheets, to facilitate review or inspection by CITY staff at any time. The log sheet shall record the manufacturer and product name, quantity, unit of measure, and amounts consumed at the facility. Wherever applicable, concentrated cleaning products that are packaged in “ready-to-dispense” (RTD) or other appropriate dilution systems shall be used. All product dilution/dispensing systems shall meet or exceed the minimum 1:8 dilution ratio requirement and meet the closed dilution system definition of the Green Seal GS-37 standard. Concentrated packaging systems are used to dilute and dispense a wide variety of concentrated cleaning solutions, from general purpose cleaners and glass cleaners to floor cleaners and restroom cleaners. The use of such products reduces green-house gas emissions associated with transport of bulkier, “ready-to-use” products. The products that are selected for use in the contract should avoid physical and health hazards. Contractors are encouraged to use the chemical product Material Safety Data Sheets (MSDS) provided by manufacturers to make this determination. Acceptable products shall adhere to the following criteria and applies to all chemicals used for this contract:

Chemicals with less than 0.5 percent phosphorous-containing constituents, as used.

Corrosivity (pH) greater than 2 and less than 12.5

Flashpoint greater than 150 degrees F

No Carcinogenic, mutagenic, or teratogenic constituents)



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Volatile Organic Compounds (VOCs) - All products shall meet the applicable National Volatile Organic Compound Emission Standards for Consumer Products as defined in the Code of Federal Regulations, 40 CFR Part 59, Subpart C, Sections 201 through 214. In addition, products shall meet VOC limits stated below in the individual product specifications. VOC concentrations stated are per California Air Resources Board Method 310. The CITY maintains the right to request that Contractors supply certifications of compliance from the manufacturer. Information on the amount of VOCs contained in a product can be obtained from the product manufacturer and, in some cases, may be found under “Physical/Chemical Characteristics” (typically Section III) of the MSDS.

All products must be delivered in a non-aerosol formulation such as ready-to-use pump action sprays, air-charged refillable containers, or concentrates that can be dispensed into spray bottles for use. Aerosol sprays typically emit more VOCs and contribute to ozone air pollution.

Primary package, which is the material physically containing and coming into contact with the product, not including the cap or lid of a bottle, shall be recyclable.

6.15.1 Water Emulsion Polymer Floor Finish This specification covers a self-polishing, slip resistant, all synthetic water emulsion floor finish intended for use on, and not detrimental to, sealed and finished wood surfaces, asphalt tile, linoleum, rubber, vinyl composition, painted concrete, terrazzo and cement surfaces. The product is to be used without dilution except as may be recommended by the manufacturer. Acid sensitive emulsions are excluded. The following requirements apply:

A. The product shall be certified to Green Seal standard GS-40. See http://www.greenseal. org/certification/environmental.cfm. This standard covers product-specific performance requirements, health and environmental requirements including restrictions on toxic compounds, and labeling requirements.

B. The finish will consist of all synthetic components. It will contain no natural waxes.

C. The finish will consist of polyacrylic and polyethylene components. Polymers will be metal-linked to provide excellent detergent resistance.

D. The product will be safe for use on all kinds of floors, including asphalt, vinyl, linoleum marble, sealed wood, cork, rubber and other composition tile surfaces.

E. The product will produce a colorless, rough, non-slip water-resistant coating having a very high gloss.

F. The finish will be recoatable within fifteen (15) minutes after prior coat has dried. Second coat will not whiten nor lift the first coat. It will produce enhanced gloss.

G. The product will resist scuffing, powdering and scratching under traffic to a satisfactory degree and will respond to buffing.

H. The finish will level well on application without streaking or puddling.

http://www.greenseal.org/certification/environmental.cfm



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I. The finish will resist wet cleaning with alkaline detergents without being removed from the floor and without destroying gloss. However, it will be easily removable by common stripping methods.

J. The product will not be acid sensitive and will resist acidic cleaners and strippers, including acidic soft drinks and fruit juices.

K. The finish will be non-yellowing on the floor and should be milk white in the original container, rather than yellow.

L. Floor finish products shall have a static coefficient of friction [SCOF] of at least 0.5 as measured by either ASTM D2047-99 or UL Method 410. The finish will bear the UL seal of approval for slip resistance on the label.

M. The finish will be film forming at usual temperatures and will produce no powdering and no crazing.

N. The finish will be completely waterproof within twelve (12) hours after application. Product should have good-to-excellent water resistance.

O. The finish will be free from objectionable odor and must not develop an offensive odor upon storage in the original unopened container.

P. The finish shall contain less than 7% V.O.C. as applied, per California Code of Regulations Sections 94507-94517. After 12/31/10, floor finishes shall contain less than 1% V.O.C.

6.15.2 Water Emulsion Type Floor Wax Or Finish Remover (Stripper) This specification covers commercial wax remover for use in stripping water emulsion floor wax or finish from vinyl, rubber, asphalt and other composition floor surfaces, also for use as a heavy duty cleaner for ceramic and conductive floors. The compound will be a liquid of one grade only. The following requirements apply:

A. The product shall be certified to Green Seal standard GS-40. See http://www.greenseal. org/certification/environmental.cfm. This standard covers product-specific performance requirements, health and environmental requirements including restrictions on toxic compounds, and labeling requirements.

B. The compound will be homogeneous, highly concentrated free-flowing liquid, and so formulated that it may be diluted with clear water. It will be composed of synthetic detergents, alkaline builders and sequestering agents.

C. The compound will be free rinsing and free from odor which might be objectionable under conditions of use.

D. The compound will not contain any fatty acid soaps.

E. The compound will be stable and not lose its original effectiveness or otherwise deteriorate when stored for nine (9) months in a closed shipping container at room temperature.

F. The compound will be completely mixed with tap water in all proportions.



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G. At the dilution ratio on the label recommended for heavy-build up, product as used shall have a V.O.C. content <12%. At the dilution ratio for light buildup indicated on label, product as used shall have a V.O.C. content <3%.

6.15.3 Germicidal Detergent/Disinfectant This specification covers one type of synthetic detergent and germicide cleaner. Designed for general cleaning, sanitizing and deodorizing/disinfecting in one operation. The following requirements apply:

A. Product shall contain less than 1% VOC, as used, per California Code of Regulations Sections 94507-94517.

B. The cleaner will not contain any soap, mercury compounds, chlorine, or formaldehyde, or materials that release such compounds when diluted according to directions. The product must be safe to use in food preparation areas.

C. Odor: A one to sixty-four (1:64) dilution of the cleaner sanitizer in distilled water will be substantially odorless and will not develop an unpleasant odor on surfaces cleaned.

D. Product shall have antimicrobial properties as outlined herein and shall be registered with EPA per the requirements of the Federal Insecticide Fungicide & Rodenticide Act (FIFRA).

E. Hard Water Tolerance: Effective within thirty (30) seconds in waters up to and including 750 p.p.m. of hardness.

F. Cleaning Efficiency: A one to sixty-four (1:64) dilution of the cleaner will exhibit a cleaning efficiency of not less than eighty percent (80%) as described in Paragraph 4.4.6 of Federal Specification PC-431a. In solution, the cleaner will provide adequate, but not excessive, suds.

G. Antimicrobial Requirements: The disinfectant will have a phenol coefficient of about 10.0 against S. Typhosa and Staphylococcus Aureus by the A.O.A.C. confirmation test at a one to sixty-four (1:64) dilution. The disinfectant will kill Pseudomonas Acruginosa at a one to sixty-four (1:64) dilution and must be effective against both Gram positive and Gram-negative organisms.

6.15.4 Lotion Cleanser This specification covers a lotion type abrasive cleanser for the cleaning of

porcelain surfaces and for general maintenance use. The following requirements apply:

A. No SARA Title III Section 313 hazardous chemicals shall be a constituent.

B. The cleanser will be made from high quality soap, abrasive and disinfectant agents, uniformly mixed. Small amounts of other ingredients may be added to improve the quality of the cleanser.

C. The cleanser will be a white or an attractive, pleasing color, scented or unscented, and of uniform composition. Rinseability: complete.



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D. Composition:

The moisture content will not exceed fifty-five percent (55%).

Anhydrous synthetic detergent content - five-percent (5%) minimum to ten-percent (10%) maximum.

Abrasive content will not be less than thirty percent (30%).

pH value of this liquid will be between five (5) and ten (10).

E. Product will not separate when stored at fifty (50) degrees C for seven days.

F. Less than 4% V.O.C. content.

6.15.5 Non-Acid Type Bowl Cleaner This specification covers a non-acid-type bowl cleaner for de-scaling and

disinfecting toilet bowls and urinals. The following requirements apply:

A. No SARA Title III Section 313 hazardous chemicals shall be a constituent.

B. Compound will contain no acid.

C. The compound will be a stable liquid and not lose effectiveness or otherwise deteriorate when stored in a closed container at room temperature.

D. Compound will be safe on porcelain and chrome.

E. Compound will remove rust, water minerals, lime, soap scum, body oils, grease, with excellent hard water tolerance.

F. Compound will be free of harmful abrasives.

G. Use of two ounces (2 oz.) must be sufficient to remove soil, rust, lime scale and uric incrustation as well as disinfect and deodorize under normal conditions.

H. Product must not be detrimental to china and glass surfaces at full strength. Product must not be detrimental to glazed and ceramic tile, carpeting. Must not interfere with the digestive operation in septic tank systems. Must be non-fuming. Must have minimum viscosity of 200 cps.

I. Less than 3% V.O.C. content.

6.15.6 Glass Cleaner Non-aerosol liquid glass cleaner covered by this specification is intended primarily

for use on windows, mirrors and other glass surfaces. The following requirements apply:

A. The product shall be certified to Green Seal standard GS-37. Criteria can be found at http://www.greenseal.org/certification/environmental.cfm

B. This standard covers product-specific performance requirements, health and environmental requirements including restrictions on toxic compounds, and labeling requirements.




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C. The compound will be a blend of synthetic organic detergents; it will not contain any perfume, ammonia or inorganic alkalies.

D. Cleaning efficiency - when the compound is properly applied to glass surfaces and polished, it will leave the surface free from dust, grime, and ordinary soil material.

6.15.7 Stainless Steel Cleaner/Polisher This specification covers a product that is designated to clean and protect metal

surfaces. The following requirements apply:

A. Solution will be a blend of solvents and polishing agents, which will remove grease, fingerprints and light soil.

B. It will provide protective water resistance, prevent rusting, corrosion and discoloration.

C. It will contain no harsh abrasives.

D. It will be non-aerosol and safe to use on drinking fountains and eye washes.

E. No SARA Title III Section 313 hazardous chemicals shall be ingredients.

F. Less than 30% V.O.C. content.

6.15.8 Furniture Polish This specification covers a non-aerosol agent designed to clean and polish wood

and wood product surfaces. The following requirements apply:

A. It will be a blend of silicone, oils, waxes and cleaning agents.

B. It will remove dust, smudges, fingerprints and stains. It will protect surfaces and does not smear.

C. It will have a pleasant odor and be water based.

D. It will be safe on all-wood surfaces, leather, vinyl and counter/table tops.

E. Solution will not leave a film and not attract dirt particles.

F. No SARA Title III Section 313 chemicals shall be included as an ingredient.

G. Less than 7% V.O.C. content; non-aerosol only.

6.15.9 Graffiti Remover This specification covers a product designed to remove ink, pencil, crayon, lipstick,

adhesives, grease and other agents on painted and unpainted surfaces such as walls, wood surfaces, floor, Formica and fiberglass. The following requirements apply:

A. Solution will not harm or remove finishes from surface.

B. No SARA Title III Section 313 chemicals shall be a constituent.

C. Non-aerosol only; less than 30% V.O.C. content.



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6.15.10 All Purpose Cleaner

This specification covers one grade of a liquid cleaning compound suitable for cleaning all types of surfaces. The following requirements apply:

A. This product shall be certified to Green Seal standard GS-37. See http://www.greenseal.org/certification/environmental.cfm

B. This standard covers product-specific performance requirements, health and environmental requirements including restrictions on toxic compounds, and labeling requirements.

C. Solution will be applied and wiped off with no rinsing required.

D. Solution will remove all common soils from most surfaces.

E. It will not streak or leave a film.

6.15.11 Enzyme Bacteria Products

This specification covers a non-aerosol enzyme digestant that dissolves odors in floor drains. The following requirements apply:

A. Solution will have a pleasant odor.

B. Solution will work to neutralize odors with use of high activity enzymes and bacterial cultures.

C. Solution will be used to neutralize odors under and around toilets, sinks and urinals.

D. Solution will continue to neutralize odors even after product has dried on surface.

E. Solution will have active bacterial count of at least 37 billion per gallon.

F. pH range should be 7.0 to 8.5

G. No SARA Title III Section 313 chemicals shall be included as a constituent.

6.15.12 Degreaser

This product covers a non-butyl cleaner and degreaser designed to remove a wide variety of grease and soil on any surface not harmed by water. The following requirements apply:

A. If available, the product shall be certified to meet the criteria of Green Seal standard GS-34. See http://www.greenseal.org/certification/environmental. cfm. This standard covers product-specific performance requirements, health and environmental requirements including restrictions on toxic compounds, and labeling requirements.

B. Solution will be water-based product containing rust inhibitors.

C. Solution will remove soap scum and body oils in showers and washroom surfaces.


http://www.greenseal.org/certification/environmental.%20cfm

http://www.greenseal.org/certification/environmental.%20cfm



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D. Solution will be free rinsing, non-filming and contain no fumes.

E. Dilution rate will be sixteen to one (16:1) for general cleaning, one to eight (1:8) for heavy duty cleaning.

F. Solution may be used with pressure washers and foam guns.

G. Solution should be suitable for use on floors and walls in soft or hard water.

H. Composition should consist of a blend of synthetic detergents, solvents and alkalis.

I. Non-aerosol; less than 4% V.O.C. content.

6.15.13 Hard Water Deposit Remover

This product concerns an extra strength cleaner designed to remove hard water scale and discoloration. The following requirements apply:

A. Solution will be designed to cling to surfaces.

B. It will be safe to use on chrome, ceramic tile, and porcelain surfaces.

C. Solution shall contain no hydrochloric acid or phosphoric acid.

D. It will be pleasant scented.

E. No SARA Title III Section 313 chemicals shall be an ingredient.

6.15.14 Spot Remover

This product is designated to remove stains and spots from most types of carpets. The following requirements apply:

A. Solution will be safe for use on most carpet surfaces.

B. Solution will be used on upholstery, textiles, vinyl, leathers, and synthetics.

C. Solution will be effective in the removal of red dye and products containing this dye.

D. Solution will remove gum and other adhesives.

E. Solution will be a deodorizer and enzyme digestant.

F. Solution will be pH balanced and be effective on most types of stains found in commercial buildings.

G. No SARA Title III Section 313 chemicals shall be an ingredient.

H. Non-aerosol only; less than 8% V.O.C. content. Less than 3% V.O.C. content after 12/31/10.

6.15.15 Antistatic Solution

This product is designated to stop static shock and eliminate buildup of static electricity from carpets. The following requirements apply:

A. No SARA Title III Section 313 chemicals shall be included as an ingredient.



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NOTE: Products required for these facilities include, but are not limited to the products listed in this section.

6.16 HAZARDOUS MATERIALS REQUIREMENTS – MSDS Contractor shall comply with the following: A. MATERIAL SAFETY DATA SHEETS – The Contractor shall furnish to the CITY

copies of the Material Safety Data Sheets (MSDS), for all products used, prior to beginning service. The Contractor must update copies of the MSDS on an annual basis. In addition, each time a new chemical or cleaning product is introduced, any copy of that product’s MSDS must be provided to the CITY prior to product use. The Materials Safety Data Sheets must be in compliance with OSHA Regulation 1910.1200, paragraph g.

B. LABELING of HAZARDOUS MATERIALS – The Contractor must comply with the OSHA Regulation 1919.1200 paragraph f, concerning the labeling of all chemical containers.

C. CAUTION SIGNS – The Contractor shall use caution signs as required by OSHA Regulation 1910.144 and 1910.145 at no cost to the CITY. Caution signs must be on-site during each scheduled cleaning.

D. OSHA GUIDELINES BLOOD PATHOGENS – The Contractor shall comply with OSHA Standard 29CFR 1910.1030 Blood Borne Pathogens as it pertains to the training, safety, and equipment needed for all employees engaged in contracted service. The Contractor shall be responsible for compliance on the contract start date and shall provide proof to the CITY’s Public Transit Department. Proof of compliance with OSHA regulation 1920.1200, Hazard Communication, shall be provided to the CITY’s Public Transit Department upon commencement of this Contract. Failure of the Contractor or its employees to comply with all applicable laws and rules may result in Contract termination without liability.

E. MSDS Notebooks The Contractor shall maintain on the site a notebook containing current (dated within the past year or verified as most current by manufacturer) MSDS for all materials being used on-site, whether or not they are defined as a Hazardous Material. The notebook shall be kept in the Contractor’s on-site storage area. The notebook must be kept up-to-date as materials are brought onto and removed from the site. A complete copy of the MSDS notebook shall also be provided to the CITY. New products must be approved for use by the CITY by providing a copy of the product’s MSDS for review and approval.

F. Emergency Spill Response Plan The Contractor shall prepare an emergency spill response plan for all hazardous



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material used. A plan for directing employees in proper response procedures must be submitted. At a minimum, the response plan must address the following:

1) Description of equipment on site available to contain and/or respond to an emergency/spill of the material.

2) Notification procedures.

3) The response coordination procedures between Contractor and the CITY.

4) A site plan showing the location of stored hazardous materials and location of spill containment/response equipment.

5) Description of the training provided to the Contractor’s employees.

6) Hazardous Materials Storage and Labeling Specifications.

7) Contractor shall, to the satisfaction of the CITY’s environmental representative, properly and safely store all hazardous materials, which shall include the following:

a) Have a designated storage site for hazardous material, which includes secondary containment.

b) Provide CITY approved signage which clearly identifies the hazardous materials storage site. Signage must be in a language understood by Contractor’s on-site employees.

c) Label all hazardous materials containers according to OSHA requirements, and bear applicable NFPA or HMIS labels.

8) Non Hazardous Materials Labeling Specifications

9) The Contractor shall clearly label all packaged products, whether or not they are classified as Hazardous Materials under this section. Any containers that are filled from larger containers must also be labeled.

10) Offsite Storage of Hazardous Materials The CITY encourages storage of hazardous materials off-site until the materials are needed.

11) Hazardous Materials Management Program Documentation The Contractor shall make all required documentation available immediately upon request of the CITY’s environmental representative. The Contractor shall also provide the CITY’s environmental representative with copies of all permits obtained from environmental regulatory agencies.

12) Contractor Training Requirements The Contractor shall provide requested copies of the company’s written Hazardous Communications Program to the CITY that satisfies requirements listed under sections e.,f.,g.,and h. of 29 CFR 1910.1200, Hazard Communications. The Contractor must demonstrate how employees are trained in the proper use, storage, and disposal of chemical products and wastes in a language understood by the Contractor’s on-site employees.



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6.17 COMPLIANCE WITH HAZARDOUS MATERIALS MANAGEMENT, POLLUTION PREVENTION, AND SPILL PREVENTION, RESPONSE AND REPORTING POLICIES

The Contractor must incorporate the intent and applicable aspects of the CITY hazardous materials management program, pollution prevention policy, and spill prevention, response and reporting program. Areas of responsibility will include, but are not limited to, environmental health and safety, hazardous materials management, air quality management and permitting, wastewater management, storm water management, and pollution prevention. The Contractor must obtain all required regulatory environmental permits, including permit fees, necessary for conducting facilities maintenance operations at the facility. Contractor shall prepare all annual reports and other routinely required documentation required to maintain facility compliance. The Contractor will work closely with facility staff to ensure that daily operations comply with environmental requirements. CITY staff may conduct periodic on-site inspections to ensure work procedures and record keeping, equipment/product labeling, signage, and personal protective equipment meet the regulatory requirements.

The Contractor shall be responsible for maintaining an updated facility chemical inventory, developing an environmental record keeping system, and ensuring employee environmental training.

6.18 COMPLIANCE WITH STORM WATER PERMIT CONDITIONS, PHOENIX CITY CODE CHAPTER 32 STORM WATER QUALITY PROTECTION, AND CITY OF PHOENIX STORM WATER POLICY

The Contractor must incorporate the intent and applicable aspects of the CITY storm water programs and permits. Areas of responsibility include, but are not limited to, wash water entering the storm water conveyance system, hazardous materials management, air quality management and permitting, wastewater management, storm water management, and pollution prevention. The Contractor shall be responsible to apply for and obtain all required regulatory environmental permits, including permit fees, necessary for conducting ad shelter maintenance. Annual reports and other routinely required documentation will be produced by the Contractor as needed to document compliance with CITY policies and permits. The Contractor will work closely with CITY staff to ensure that daily operations comply with environmental requirements. CITY staff may conduct periodic on-site inspections to ensure work procedures and record keeping, equipment/product labeling, signage, and personal protective equipment meet the regulatory requirements.

6.19 COMPLIANCE WITH ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY GENERAL PERMIT FOR DE MINIMIS DISCHARGES AND MULTI-SECTOR GROUP PERMIT FOR STORM WATER DISCHARGES

The Contractor must incorporate the applicable aspects of the General Permit as related to the Contractor’s operation. Areas of responsibility must include wash water entering the storm water conveyance system, storm water management, and pollution prevention. The Contractor must comply with the requirements of the applicable sections of the multi-sector storm water permit, including the preparation of a storm water pollution prevention plan.



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SECTION 7 - FEDERAL TRANSIT ADMINISTRATION REQUIRED CLAUSES This procurement is being funded, in whole or in part, with federal funds through Federal Transit Administration (FTA). As consequence of that funding, the following FTA mandated provisions are included in this RFP. 7.1 NO OBLIGATION BY THE FEDERAL GOVERNMENT

A. The CITY and the Contractor acknowledge and agree that: Notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of this Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to the Contract and shall not be subject to any obligations or liabilities to the CITY, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from this Contract.

B. Contractor shall include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

7.2 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS

The Contractor acknowledges and agrees that:

A. The provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq., and U.S. DOT regulations,” Program Fraud Civil Remedies,” 49 C.F.R. Part 31, apply to its actions pertaining to this project. Upon execution of the Contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to this Contract or the FTA assisted project for which work under this Contract is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.

B. If the Contractor makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Federal Government reserves the right to impose the penalties of 18 U.S,C, § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

C. The Contractor shall include the above two (2) clauses in each subcontract financed in whole or in part with federal assistance provided by FTA and each such



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clause shall not be modified, except to identify the subcontractor who will be subject to the provisions.

7.3 ACCESS TO RECORDS

A. In accordance with 49 C.F,R, 18,36(i), the Contractor shall provide the CITY, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts and transcriptions. Pursuant to 49 C.F.R. 633.17, Contractor shall provide the FTA Administrator or his authorized representatives including any PMO contractor access to Contractor’s records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.

B. The Contractor shall permit any of the foregoing parties to reproduce by any means whatsoever or to copy such excerpts and transcriptions as are reasonably needed.

C. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of not less than five (5) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case the Contractor agrees to maintain same until the CITY, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).

D. FTA does not require the inclusion of these requirements in subcontracts.

7.4 FEDERAL CHANGES

Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the FTA Master Agreement between the CITY and the FTA, as they may be amended or promulgated from time to time during the term of the Contract. Contractor’s failure to so comply shall constitute a material breach of the Contract.

7.5 CIVIL RIGHTS

The following requirements apply to this Contract:

A. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the



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Contractor shall comply with applicable Federal implementing regulations and such other implementing requirements FTA may issue.

B. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable federal statutes, executive orders, regulations, and federal policies that may in the future affect construction activities undertaken in the course of the project. Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, Contractor shall comply with any implementing requirements FTA may issue. Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and federal transit law at 49 U.S.C. § 5332, Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor shall comply with any implementing requirements FTA may issue. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor shall comply with any implementing requirements FTA may issue.

C. Contractor shall include these requirements in each subcontract financed in whole or in part with federal assistance provided by FTA, modified only if necessary to identify the affected parties.

7.6 TERMINATION

A. Termination for Convenience. At any time, the CITY may terminate this Contract for convenience by written notice to the Contractor. Under this provision, the CITY may



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terminate the Contract for any reason or for no reason. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the date of termination. The Contractor shall promptly submit these costs to the CITY for payment together with such supporting documentation as the CITY may require. If the Contractor has any property in its possession belonging to the CITY, the Contractor shall account for and return or dispose of the property as the CITY directs. When Notice of Termination is received, the Contractor shall immediately consult with the CITY about the goods and materials on order then or that are in place and about the Contractor’s plan to proceed with the work had the Contract not been terminated. After this consultation, the Contractor shall take whatever action the CITY may direct related to the Contract, including cancelling orders; retaining, selling or otherwise disposing of goods and materials; and winding up work or continuing to prosecute it.

B. Termination for Cause. Subject to the Contractor’s right to cure under the provisions of D. below, if the Contractor: (a) fails to provide any of the deliverables specified in this Contact within the time specified or any extension; or (b) fails to perform any other material provision of this Contract, the CITY may terminate the Contract for cause. Failure to perform includes any attempt by the Contractor to use unacceptable personnel or supply materials, defective products or workmanship or to furnish the required service and/or product later than the time set forth in the Contract. If, after termination for cause, it is determined that the Contractor was not in default or that a delay was excusable, then the termination shall be deemed a termination for convenience, and the CITY may, in its sole discretion, require the Contractor to continue performance of this Contract and, if appropriate under the circumstances, allow additional time for performance to be completed, and pay the Contractor its costs of delay, demobilization and remobilization, if appropriate.

C. Notice of Termination. The CITY shall give the Contractor thirty (30) days’ written notice before terminating the Contractor for convenience or for cause. To effect either termination, the CITY shall deliver a Notice of Termination to the Contractor specifying: (a) the nature of the default, if any; (b) the nature of the termination, i.e., whether for convenience or cause; (c) the date upon which the termination takes effect.

D. Opportunity to Cure. Before termination for cause, the Contract Administrator, after consultation with the Contractor, will deliver to the Contractor a notice to cure and allow the Contractor thirty (30) calendar days (or such other period agreed to between the Contractor and the CITY) within which the Contractor correct and cure the defect. Upon receiving the cure notice, the Contractor shall diligently pursue the cure to completion. The notice will state the time period within which cure is permitted together with other reasonable conditions.



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If the Contractor fails to correct and cure the breach or default of any of the terms, covenants, or conditions of this Contract within thirty (30) calendar days (or such other period agreed to between the Contractor and the CITY) after the Contractor’s receipt of the notice to cure specifying the nature of the default or breach, then the CITY may terminate this Contract by delivering a notice of termination for cause in accordance with B. above. Any termination for cause will not preclude the CITY from also pursuing all other available remedies against the Contractor and its sureties for the default or breach.

7.7 INCORPORATION OF FTA TERMS

The preceding provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, and are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in the contract. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests of the CITY that would cause the CITY to be in violation of the FTA terms and conditions.

7.8 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION

In accordance with the U.S. Office of Management and Budget (OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)” 2 C.F.R.Part 180 and U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. Part 1200, Contractor must provide certification that neither it nor its “principals” are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency. Contractor shall submit with their proposal a completed “Debarment and Suspension” form, which is located in Section 8 of this RFP. Contractor shall also include these requirements in each subcontract exceeding $25,000 financed in whole or part with federal assistance provided by FTA.

7.9 BUY AMERICA

The Contractor shall comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, microcomputer equipment, software, and small purchase (currently less than $100,000) made with capital, operating, or planning funds.

Contractor, as a condition of responsiveness, shall complete and submit the “Buy America” certification form, in Section 8 of this RFP.



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7.10 DISPUTES

Disputes related to this Contract’s interpretation or performance, if not resolved by the parties, must be decided in writing by the Contracts Specialist Lead or his designee. The decision of the Contracts Specialist Lead is final and conclusive unless within ten (10) calendar days from the date of receipt of the decision, the Contractor appeals in writing to the CITY’s Public Transit Director. On appeal, the Contractor will be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Public Transit Director or designee is binding on the Contractor, and the Contractor shall abide by the decision. Performance during Dispute: The Contractor shall continue performance under this Contract during all disputes unless the Contractor’s performance is refused by the CITY or is enjoined or prohibited by court of competent jurisdiction. Claims for Damages: If either party to the contact suffers injury or damage to person or property because of any act or omission of the other party or of any of its employees, agents or others for whose acts it is legally liable, the injured [arty shall make a claim for damages in writing to the other party within five (5) calendar days after the first observance of the injury of damage. Remedies: Unless the Contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the CITY and the Contractor arising out of or relating to this Contract or its breach must be decided by arbitration. Rights and Remedies: The parties’ rights and remedies and their duties and obligations under this Contract do not limit or exclude any rights, remedies, duties or obligations otherwise recognized or imposed by law. No action or failure to act by the CITY or the Contractor constitutes a waiver of any right or duty afforded either of them under the Contract, and any such action or failure to act does not constitute approval of or acquiescence in any breach of the Contract, except as may later be specifically agreed in writing.

7.11 LOBBYING

In accordance with 31 U.S.C. 1352, and U.S. DOT regulations, "New Restrictions on Lobbying," 49 C.F.R. Part 20, the Contractor must provide certification to the CITY that the Contractor has not and will not use Federal appropriated funds to pay any person or organization to influence or attempt to influence an officer or employee of any Federal department or agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. "Lobbying Certification," in Section 8 of the CITY's solicitation must be completed, signed and submitted with their proposal. The Contractor shall also include these requirements in each subcontract exceeding $100,000 financed in whole or part with federal assistance provided by FTA.



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7.12 CLEAN AIR

The Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor shall report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. The Contractor shall also include these requirements in each subcontract exceeding $100,000 financed in whole or part with federal assistance provided by FTA.

7.13 CLEAN WATER

The Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor shall report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

The Contractor shall also include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

7.14 FLY AMERICA

The Contractor shall comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. If a foreign air carrier was used, the Contractor shall submit an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor shall include the requirements of this section in all subcontracts that may involve international air transportation.

7.15 PRIVACY ACT

Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: A. Contractor agrees to comply with, and assures the compliance of its employees

with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The



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Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract.

B. Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA.

7.16 ENERGY CONSERVATION

The Contractor shall comply with mandatory standards and policies relating to energy efficiency that are contained in the State of Arizona Energy Conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163).

7.17 ACCESS REQUIREMENTS FOR PERSONS WITH DISABILITIES (ADA)

Contractor agrees to comply with the requirements of 49 U.S.C. § 5301(d) which expresses the federal policy that the elderly and persons with disabilities have the same right as other persons to use mass transportation services and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement those policies. Contractor also agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of handicaps, and with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires the provision of accessible facilities and services, and with the following federal regulations, including any amendments thereto:

1) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R. Part 37;

2) U.S. DOT regulations, "Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance," 49 C.F.R. Part 27;

3) Joint U.S. Architectural and Transportation Barriers Compliance Board/U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 C.F.R. Part 1192 and 49 C.F.R. Part 38;

4) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 C.F.R. Part 35;

5) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R. Part 36;

6) U.S. GSA regulations, "Accommodations for the Physically Handicapped," 41 C.F.R. Subpart 101-19;

7) U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630;



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8) U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 C.F.R. Part 64, Subpart F; and

9) FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F.R. Part 609; and

10) Any implementing requirements FTA may issue.

7.18 DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM

SECTION I. DEFINITIONS

Agency means the City of Phoenix for purposes of this Contract.

Arizona Unified Certification Program (AZUCP) means a consortium of government agencies organized to provide reciprocal DBE certification within Arizona pursuant to 49 Code of Federal Regulations (CFR) Part 26. The official DBE database containing eligible DBE firms certified by AZUCP can be accessed at: http://www.azdbe.org. The certification system is called the Arizona Unified Transportation Registration and Certification System (AZ UTRACS).

Commercially Useful Function means that a DBE is responsible for executing the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own work force, or if the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the DBE is presumed not to be performing a Commercially Useful Function.

Contract means a legally binding relationship obligating a seller to furnish supplies or services (including construction and professional services) and the buyer to pay for them.

DBE stands for disadvantaged business enterprise. In this context, DBE means a Small Business Concern that has successfully completed the DBE certification process and has been granted DBE status by the City of Phoenix or another AZUCP member pursuant to the criteria contained in 49 CFR Part 26.

DBE Compliance Specialist means an Agency employee responsible for compliance with this DBE Contract Clause.

EOD means the City of Phoenix Equal Opportunity Department.

Joint Venture (JV) means an association between two or more persons, partnerships, corporations, or any combination thereof, formed to carry on a single business activity. One participant in the JV arrangement must be a certified DBE with the City of Phoenix or AZUCP. The JV is limited in scope and duration to this Contract. The resources, assets, and labor of the participants must be combined in an effort to accrue profit.

Outreach Efforts means the diligent and good-faith efforts demonstrated by a Submitter to solicit participation from interested and qualified DBEs and other Small Businesses. Submitter shall identify and document potential business opportunities for DBEs and other Small Businesses, describe what efforts were undertaken to solicit DBE and Small Business participation, disclose results of negotiations with DBEs and Small Businesses, communicate and record Submitter’s selection decisions relating to DBE and Small Business participants.



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Race- and Gender-Neutral (RGN) Measures means a measure or program that is, or can be, used to assist all Small Businesses.

Small Business means, with respect to firms seeking to participate as DBEs in contracts funded by the U.S. Department of Transportation (US DOT), a Small Business Concern as defined in section 3 of the Small Business Act and Small Business Administration regulations implementing the Act (13 CFR part 121), which Small Business Concern does not exceed the cap on average annual gross receipts specified in 49 CFR § 26.65(b). “Small Business” and “Small Business Concern” are used interchangeably in this DBE Contract Clause.

Subcontract means a contract at any tier below the prime contract, including a purchase order.

Subcontractor means an individual, partnership, JV, corporation or firm that holds a contract at any tier below the prime contract, including a vendor under a purchase order.

Submitter means an individual, partnership, JV, corporation or firm that tenders a submittal to the Agency to perform services requested by a solicitation or procurement. The submittal may be direct or through an authorized representative.

Successful Submitter means a firm that has been selected by the Agency to perform services or furnish supplies requested by a solicitation or procurement. SECTION II. GENERAL REQUIREMENTS

A. DBE Participation. For this solicitation, the Agency has not established a race- or gender-conscious DBE participation goal. The Agency extends to each individual, firm, vendor, supplier, contractor, and subcontractor an equal economic opportunity to compete for business. The Agency uses race- and gender-neutral measures to facilitate participation by DBEs and Small Businesses. The Agency encourages each Submitter to voluntarily subcontract with DBEs and Small Businesses to perform part of the work—a Commercially Useful Function—that Submitter might otherwise perform with its own forces.

B. Applicable Federal Regulations. This Contract is subject to DBE requirements issued by USDOT in 49 CFR Part 26. Despite the lack of a race- and gender-conscious DBE participation goal for this Contract, the Agency must track and report DBE participation that occurs as a result of any subcontract, procurement, JV, or other arrangement involving a DBE. For this reason, the Successful Submitter shall provide all relevant information to enable the required reporting.

C. Counting DBE Participation. The Agency will count DBE participation as authorized by federal regulations. A summary of these regulations can be found at phoenix.gov/eod.

D. DBE Certification. Only firms (1) certified by the Agency or another AZUCP member, and (2) contracted to perform a Commercially Useful Function on scopes of work for which they are certified, may be considered to determine DBE participation resulting from RGN measures on this Contract. This DBE determination affects the Agency’s tracking and reporting obligations to USDOT.

http://www.phoenix.gov/eod



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E. Civil Rights Assurances. As a recipient of USDOT funding, the Agency has agreed to abide by the assurances found in 49 CFR Parts 21 and 26. Each Contract signed by the Agency and the Successful Submitter, and each Subcontract signed by the Successful Submitter and a Subcontractor, must include the following assurance verbatim:

“The contractor, subrecipient, or subcontractor shall not discriminate on the basis of race, color, national origin, sex, or creed in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Parts 21 and 26 in the award and administration of USDOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City of Phoenix deems appropriate.”

Note: For purposes of the required Contract and Subcontract language above, the Successful Submitter is the “contractor.”

SECTION III. REQUIRED OUTREACH EFFORTS

The Agency has implemented outreach requirements for this Contract. Specifically, each Submitter shall: (1) identify DBE and Small Business participation opportunities, including Commercially Useful Functions; (2) actively solicit proposals from DBEs and Small Businesses; (3) evaluate DBE and Small Business proposals; and (4) communicate selection decisions to DBEs and Small Businesses, including each rejection of a DBE or Small Business proposal. If a Submitter fails to conduct these Outreach Efforts or fails to submit the required documentation of Submitter's Outreach Efforts as indicated in Section IV below, the Agency may determine that the Submitter’s submittal is nonresponsive. A determination of nonresponsiveness disqualifies Submitter from further consideration for the Contract award.

SECTION IV. SUBMITTAL REQUIREMENTS

A. Outreach-Efforts documentation due with initial qualifications-based submittal.

1. Attachment A. Each Submitter shall complete and submit Attachment A documenting its diligent, good-faith Outreach Efforts. Attachment A must be submitted with the initial qualifications-based submittal.

a. Each Submitter shall list in Attachment A all DBEs and Small Businesses contacted by Submitter in preparing its submittal. Each Submitter shall also provide the following minimum information to document its Outreach Efforts. The DBE Compliance Specialist will consider this information to determine whether Submitter has demonstrated the required Outreach Efforts:

1) Each business’s full legal name and contact information;

2) Business status (DBE, Small Business, SBE, or unknown);

3) Scope of work solicited (brief description, percentage of contract value);

4) Solicitation method (personal contact, telephone, fax, e-mail, other);

5) Selection process; and

6) Communication of selection outcome to each participant.*



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*Submitter shall provide supporting documentation that shows Submitter has communicated its final selection decisions and outcomes to all DBEs and Small Businesses, including those not chosen to participate in the Contract.

b. Each Submitter shall complete Attachment A in accordance with the following instructions.

1) Each Submitter shall actively contact DBEs or Small Businesses for each scope of work or business opportunity selected for Outreach Efforts (Columns A and C).

2) Submitter’s contacts with DBEs and Small Businesses should occur well before the deadline for the initial qualifications-based submittal to afford the firms contacted a reasonable opportunity to prepare a proposal and participate in the Contract.

3) Submitter shall ask each firm to indicate the number of its employees (Column A).

4) For each DBE’s or Small Business’s annual gross receipts, Submitter shall ask the firm to indicate the gross-receipts bracket into which it fits (e.g., less than $500,000; $500,000 – $1 million; $1 – 2 million; $2 – 5 million; etc.) rather than requesting an exact figure from the firm (Column A).

5) If Submitter does not select a DBE or Small Business to participate in the Contract, Submitter shall explain the reason why (Column E).

6) Submitter shall notify each DBE or Small Business contacted whether or not Submitter selected the firm (Column E). Submitter shall notify all firms not selected, and Submitter shall state when (date) and how (method) the selection outcome was communicated to each firm (Column F).

2. Attachment A Supporting Documentation. Each Submitter shall complete and submit supporting documentation of its Outreach Efforts related to Attachment A.

a. Submitter shall submit with Attachment A—on the due date for Attachment A—all supporting documentation of Submitter’s contacts with DBEs or Small Businesses for each scope of work or business opportunity selected for Outreach Efforts.

b. This documentation must include (1) descriptions of scopes of work and business opportunities identified for DBE and Small Business participation, and (2) a copy of the actual solicitation sent to interested DBEs and Small Businesses. The solicitation may be in the form of a letter, attachment to an e-mail, advertisements in newspapers and trade papers, or written communications with chambers of commerce.

c. Submitter shall submit documentation that establishes how Submitter communicated its selection decisions and outcomes to each DBE and Small Businesses not selected for this Contract. This documentation may be in the form of a letter, e-mail, or telephone log. The documentation must show the name of the person contacted



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and the date.

d. For all of the above documentation, if Submitter uses a blast e-mail or fax format, the documentation submitted must include a copy of the e-mail or fax, and Submitter must disclose all e-mail addresses and fax numbers to which the solicitation or outcome notification was sent and the date and time of transmission. For telephone contacts, Submitter shall document the date and time of the call and the names of the respective persons representing Submitter and the DBE or Small Business.

B. Outreach-Efforts documentation due within seven days after final negotiations.

1. Attachments B-1 And B-2. Within seven days after final negotiations with the Agency, the Submitter selected for negotiations shall complete and submit Attachments B-1 and B-2. Submitter must show diligent, good-faith Outreach Efforts and provide information regarding its DBE and Small Business selection decisions and outcomes for all negotiations with DBEs and Small Businesses. Attachment B-1 must contain the names of all DBEs and Small Businesses reported as “selected” on Attachment A, Column E, and all supporting documentation (if applicable).

2. Instructions for completing Attachments B-1 and B-2.

a. Attachment B-1 Negotiations with Small Businesses. The Submitter shall provide the following information in Attachment B-1, which the DBE Compliance Specialist will evaluate to determine whether Submitter negotiated diligently and in good faith with the DBEs and Small Businesses identified in Attachment A, Column E, as potential participants in the Contract’s business opportunities:

1) Each business’s full legal name and contact information;

2) Business status (DBE, Small Business, SBE, or unknown);

3) Scope of work to be performed (brief description, percentage of contract value);

4) Type of agreement;

5) Agreement amount; and

6) Communication of final selection outcomes to participants.*

*The Successful Submitter shall provide supporting documentation that shows Submitter has communicated its final selection decisions and outcomes to all DBEs and Small Businesses, including those not chosen to participate in this Contract.

The Successful Submitter shall complete all appropriate boxes in Attachment B-1 and shall indicate the firms with which Submitter has negotiated, including firms that Submitter proposes will participate in and perform part of the Contract. Supporting documentation may include copies of e-mails, letters, faxes, or contact logs stating the name of the firm, date and time of communication, and the identity of the person contacted.



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b. Attachment B-2 Small Business Utilization Commitment. The Successful Submitter shall sign and submit Attachment B-2, which commits the Successful Submitter to the Agency as follows:

1) The firms indicated as selected in Attachment B-1 will participate in the Contract;

2) The Successful Submitter will comply with the Race- and Gender-Neutral post-award requirements as stated in Sections V and VI below;

3) Any and all changes or substitutions must first be authorized by the DBE Compliance Specialist before implementation; and

4) The proposed total DBE and Small Business participation percentage is true and correct.

Submitter shall ensure that the percentages proposed for Small Business participation on Attachment B-1 equal the total percentage proposed in Attachment B-2. If the Successful Submitter fails to timely submit a completed copy of Attachment B-1 or Attachment B-2, or fails to provide the required supporting documentation for Attachment B-1, the Agency may determine that Submitter’s proposal is nonresponsive. A determination of nonresponsiveness disqualifies Submitter from further consideration for the Contract award.

C. Failure To Meet Outreach Requirements. The DBE Compliance Specialist will determine, in writing, whether Submitter has satisfied all outreach requirements. If the DBE Compliance Specialist determines that Submitter has failed to satisfy the outreach requirements (specified in Sections III and IV, Parts A & B), then the DBE Compliance Specialist may determine that the submittal is nonresponsive. A determination of nonresponsiveness disqualifies Submitter from further consideration for the Contract award. The Agency shall send written notice to Submitter stating the basis for DBE Compliance Specialist’s decision.

D.

Administrative Reconsideration. If the DBE Compliance Specialist determines that Submitter did not properly complete Attachment A or Submitter failed to demonstrate sufficient Outreach Efforts or failed to submit required documentation, then the Agency will permit Submitter to request EOD to reconsider this determination. In its request for reconsideration, Submitter may clarify its submittal. But Submitter may not submit or refer to new or revised documents or information. EOD will only reconsider the original submittal as clarified in the request for reconsideration.

If Submitter requests EOD to reconsider the DBE Compliance Specialist’s determination of nonresponsiveness based on insufficient Outreach Efforts or insufficient documentation, then Submitter must provide written notice to the Agency and EOD within three business days of the Agency’s notice of disqualification to Submitter. The request for reconsideration should be addressed to:

City of Phoenix Equal Opportunity Department

Business Relations Division-Contract Compliance Section



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251 West Washington Street, Seventh Floor

Phoenix, AZ 85003

with a copy e-mailed to the Procurement Officer and the DBE Compliance Specialist.

SECTION V. POST-AWARD COMPLIANCE REQUIREMENTS

A. Subcontracting Commitment. Promptly after Contract award, the Successful Submitter shall submit to the Agency a list of all subcontractors and copies of all executed contracts, purchase orders, subleases, JV agreements, and other arrangements formalizing agreements between the Successful Submitter and any DBE or Small Business.

The Successful Submitter shall not terminate any DBE or Small Business Subcontracts, and the Successful Submitter shall not alter the scope of work or reduce the Subcontract amount, without the DBE Compliance Specialist’s prior written approval. Any request to alter a DBE or Small Business Subcontract must be submitted in writing to the DBE Compliance Specialist before any change is made. If the Successful Submitter fails to do so, the Agency may declare Submitter in breach of contract.

B. Relief From Proposed DBE Utilization. After Contract award, the Agency will not grant relief from the proposed DBE or Small Business utilization except in extraordinary circumstances. The Successful Submitter’s request to modify DBE or Small Business participation must be in writing to the DBE Compliance Specialist. The DBE Compliance Specialist has final discretion and authority to determine if the request should be granted.

Submitter’s written request must set forth the amount of relief sought, evidence that demonstrates why relief is necessary, and any additional relevant information that the DBE Compliance Specialist should consider. The Successful Submitter shall include with the request all documentation of Submitter’s attempts to subcontract with the DBE or Small Business and any other action taken to locate and solicit a replacement DBE or Small Business.

If an approved DBE allows its DBE certification to expire, or the certification is revoked during the course of the Subcontract, the Agency will consider all work performed by the DBE under the original contract to count as DBE participation. No increased scope of work negotiated after expiration or revocation of the DBE’s certification may be counted. Likewise, any work performed under a Contract extension granted by the Agency may not be counted as DBE participation.

C. DBE Substitutions. If the DBE or Small Business was approved by the Agency, but the firm subsequently loses its DBE or Small Business status before execution of a contract, the DBE Compliance Specialist will consider whether or not the Successful Submitter has exercised diligent and good-faith efforts to find another DBE or Small Business as a replacement. The Successful Submitter shall notify the DBE Compliance Specialist in



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writing of the necessity to substitute a DBE or Small Business and provide specific reason(s) for the substitution or replacement. Actual substitution or replacement of a DBE or Small Business may not occur before the DBE Compliance Specialist’s written approval has been obtained.

D. Prompt Payment Of Subcontractors. Within seven days of the Successful Submitter’s receipt of an Agency progress payment that includes amounts for the Submitter’s Subcontractors, suppliers, or subconsultants, the Submitter shall pay the Subcontractors, suppliers, and subconsultants the respective amounts allowed for satisfactory performance of their work. If the Agency reduces the Successful Submitter’s retention, the Submitter shall correspondingly reduce the retentions of Subcontractors and suppliers that have performed satisfactory work. Under the prompt-payment provisions of 49 CFR Part 26, the Successful Submitter must ensure prompt and full payment of retentions to Subcontractors and suppliers when their work is complete, the Agency has accepted the work, and the Agency has paid the Successful Submitter for the work. The Successful Submitter shall pay each Subcontractor’s and supplier’s retention no later than 30 days after the Agency pays Submitter. If the Successful Submitter diverts any payment received for a DBE’s, Small Business’s, or other Subcontractor’s work performed on the Contract or fails to reasonably account for the application or use of the payment, the Agency may declare the Successful Submitter in breach of contract. If the Successful Submitter fails to make payments under these provisions, the Agency may take any one or more of the following actions: 1) Declare the Successful Submitter in breach of contract; 2) Withhold future payments, including retention, until proper payment has been made to all

Subcontractors and suppliers; 3) Reject the Successful Submitter’s future bids on Agency contracts for a period not to

exceed one year from the substantial-completion date of this Contract; and/or 4) Terminate the Contract. Nothing in this section prevents the Successful Submitter from enforcing its Subcontract with a Subcontractor or supplier for defective work, late performance, or other claims arising under the Subcontract.

SECTION VI. RECORDS & REPORTING REQUIREMENTS A. Records. During performance of the Contract, the Successful Submitter shall keep all

records necessary to document DBE and Small Business participation. The Successful Submitter shall provide the records to the Agency within 72 hours of the Agency’s request and at final completion of the Contract. The Agency will prescribe the form, manner, and content of reports. The required records include:

1) A complete listing of all Subcontractors and suppliers on the project;



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2) Each Subcontractor’s and supplier’s scope of work performed; 3) The dollar value of all subcontracting work, services, and procurement; 4) Copies of all executed Subcontracts, purchase orders, and invoices; and

5) Copies of all payment documentation.

B. Reports. At the beginning of each month, the Successful Submitter must enter the following documentation and payment information into the Agency’s web-based certification and compliance system. The system can be found at: http://phoenix.diversitycompliance.com. 1. The total of all payments received from the Agency during the previous month. 2. All payments made to DBEs or Small Businesses during the previous month. 3. Copies of all Subcontractors’ subcontracts executed with DBEs or Small Businesses

utilized during the previous month. This information will document DBE and Small Business participation that occurred during each payment-request period throughout the Contract’s duration. Copies of all DBEs’ and Small Businesses’ payment requests and invoices must be submitted for each report period.

Before the Agency processes the Successful Submitter’s final payment, the Successful Submitter shall submit to the Agency a final certification of full and final payment to each Subcontractor in the form prescribed by the Agency. The form must be completed and certified by the Successful Submitter’s and each Subcontractor’s duly authorized agents.

http://phoenix.diversitycompliance.com/



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SECTION 8

PROPOSAL SUBMITTALS

Proposers shall complete Section 8.1 and submit with their Price Proposal

Proposers shall complete Sections 8.2 – 8.8 and submit with their Technical Proposal



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8.1 PRICE PROPOSAL Contractor will be paid a firm and fixed flat rate facilities maintenance management fee to perform all of the services outlined in the RFP for the term of the Contract. The cost of services will be adjusted to conform to those submitted by the Contractor for each respective contract period. Proposer(s) shall provide a cost breakdown for each contract period. Proposer(s) shall provide a pro-rated amount for the initial contract period. INITIAL CONTRACT PERIOD: AUGUST 9, 2015 – AUGUST 31, 2015 (23 Days).

Contractor Position (Provide brief position description) Number of Staff

Labor Cost

$

$

$

$

Sub-Contracted Services (Identify specific services) Estimated Cost

$

$

$

Preventive Maintenance Estimated Cost

$

$

Total Cost August 9, 2015 – August 31, 2015

Total Cost

$

Company Name

Authorized Signature



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CONTRACT PERIOD 1 - SEPTEMBER 1, 2015 – JUNE 30, 2016 (10 Months)


Total Monthly Labor Cost

$

$

$

$

Sub-Contracted Services (Identify specific services) Estimated Monthly Cost

$

$

$

Preventive Maintenance Estimated Monthly Cost

$

$

Total Cost - Contract Period 1

September 1, 2015 – June 30, 2016

Total Cost

$

Company Name




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CONTRACT YEAR 2 - (JULY 1, 2016 – JUNE 30, 2017)



$

$

$

$


$

$

$


$

$

Total Cost - Contract Year 2

July 1, 2016 – June 30, 2017

Annual Cost

$

Company Name




99




$

$

$

$


$

$

$


$

$


July 1, 2017 – June 30, 2018

Annual Cost

$

Company Name




100




$

$

$

$


$

$

$


$

$


July 1, 2018 – June 30, 2019

Annual Cost

$

Company Name




101




$

$

$

$


$

$

$


$

$


July 1, 2019 – June 30, 2020

Annual Cost

$

Company Name




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8.2 CERTIFICATION FORM Proposer certifies it is a: sole proprietorship____; partnership____; corporation____;

joint venture____

Arizona Sales Tax No.____________________________

Use Tax No. for Out-of-State Suppliers_______________

City of Phoenix Sales Tax No.______________________

Taxpayer’s Federal Identification No._________________ Proposer certifies that he has read, understands, and will fully and faithfully comply with this Request for Proposal, its 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. Company’s Legal Name ______________________________________________

Address ______________________________________________

City, State and Zip Code ______________________________________________

Telephone Number ______________________________________________

Company’s Fax No. ______________________________________________

Company’s Toll Free No. ______________________________________________

E-mail Address ______________________________________________

Authorized Signature ______________________________________________

Printed Name and Title ______________________________________________

MAILING ADDRESSES

Purchase Order Address: (If different from above)

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, formal assignment procedure. Please refer to the Assignment – Delegation in the RFP.

Name __________________________

Address __________________________

City, State and Zip Code __________________________



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8.3 PAYMENT TERMS

Proposer shall indicate the payment terms in their proposal submittal. Prompt payment terms offering twenty (20) calendar days or more will be considered in the proposal evaluation process. If no payment term is indicated, the CITY shall apply net thirty (30) days as Proposer’s payment terms.

Proposer offers a prompt payment discount of ____% ____calendar days to apply after receipt of accurate invoice.

FEDERAL PROMPT PAYMENT REQUIREMENTS

This prompt payment clause is applicable to every CITY Contract or subcontract on

projects funded either in whole or in part by USDOT.

1. Contractor shall pay to its Subcontractors or material suppliers and each

Subcontractor shall pay to its Subcontractors or material supplier, within seven (7)

days of receipt of each progress payment, the amounts attributable to the

Contractor, Subcontractors or material supplier for work performed or materials

supplied. In addition, any reduction of retainage to the Contractor must also result

in a like reduction to Subcontractors for their work successfully completed within

fourteen (14) days of the reduction of the retainage to the Contractor. No contract

between Contractor and its Contractors, Subcontractors and material suppliers

may materially alter the rights of any Contractor, Subcontractor or material supplier

to receive prompt and timely payment as provided herein. Any diversion by

Contractor, or any Subcontractor, of payments received for work performed on a

contract, or failure to reasonably account for the application or use of such

payments, constitutes sufficient grounds for CITY to take any one or more of the

following actions: (1) withhold future payments including retainage until proper

disbursement has been made; (2) refusal of all future bids or offers from the

Contractor for a period not to exceed one year; or, 3) cancellation of the Contract.

2. Alternate Dispute Resolution. If entitlement to the payment is in dispute, the

parties to the dispute shall submit the matter to either: a) binding arbitration; b) to

some other form of binding alternative dispute resolution (ADR); or, c) a City of

Phoenix facilitated mediation process. The ADR process shall commence within a

reasonable period of time, not to exceed fourteen (14) calendar days of receipt of a

Notice to Proceed to an ADR process issued by the CITY once an ADR

determination has been made on any disputed claim, the determination shall be

implemented by the disputing parties within seven (7) calendar days of that

determination.

3. Inspection and Audit. The provisions of A.R.S. Section 35-214 shall apply to the

resultant contract. CITY shall perform the inspection and audit function specified

therein and such inspection and audit may include, at CITY’s option, sole and



104

unfettered discretion, the prompt payment requirements contained in Paragraph 1

above.

4. Non-waiver. Should the CITY fail or delay in exercising or enforcing any right,

power, privilege or remedy under this section, such failure or delay shall not be

deemed a waiver, release or modification of the requirements of this section or of

any of the terms or provisions thereof.

5. Inclusion of this provision in subcontracts. Contractors shall include the provisions

of these paragraphs in every subcontract, including procurement of materials and

leases of equipment. Further, as a means of enforcing such provisions

subcontract or procurement as CITY may direct; provided, however, that, in the

event Contractor becomes involved in, or is threatened with, litigation with a

subcontractor or supplier as a result of such direction, Contractor may request to

enter into such litigation to protect the interests thereof.

6. No Subcontractor Claim. Nothing contained in this section shall provide a basis for

any subcontractor to assert any claim against the CITY for its administration,

enforcement or waiver of the provisions of this Prompt Payment provision.



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8.4 ADDENDA CERTIFICATION

The undersigned acknowledges receipt of the following addenda to RFP PTD15-004:

Addendum Number _________, dated






Failure to acknowledge receipt of all addenda may cause the proposal to be considered not responsive to the RFP. Include the acknowledged receipt of each addendum with the technical proposal.

Authorized Official:________________________________

Title of Authorized Official: _________________________

Company Name:__________________________________



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8.5 DEBARMENT AND SUSPENSION CERTIFICATION

Choose one alternative:

□ The Proposer, ________________________, certifies to the best of its knowledge and belief that it and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;

2. Have not within a three-year period preceding this RFP been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or Contract under a public transaction; violation of federal or state antitrust statutes or commission or embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in Paragraph 2 of this certification; and

4. Have not within a three-year period preceding this RFP had one or more public transactions (federal, state or local) terminated for cause or default.

OR

□ The Proposer is unable to certify to all of the statements in this certification, and attaches its explanation to this certification. (In explanation, certify to those statements that can be certified to and explain those that cannot.)

The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of Title 31 U.S.C. § Sections 3801 are applicable thereto.

Executed in __________________________(insert city and state).

Name:

_____________________________________________ _______________________

Authorized signature Date



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8.6 LOBBYING CERTIFICATION

The Proposer certifies, to the best of its knowledge and belief, that:

1) No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of a federal department or agency, a member of the U.S. Congress, an officer or employee of the U.S. Congress, or an employee of a member of the U.S. Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification thereof.

2) If any funds other than federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, as amended by “Governmentwide Guidance for New Restrictions on Lobbying,” 61 Fed. Re. 1413 (1/19/96).

3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-Contractors, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Proposer, __________________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Proposer understands and agrees that the provisions of 31 U.S.C. § 3801, et seq., apply to this certification and disclosure, if any.

Name and Title of Authorized Official

Signature of Authorized Official

Date___________________



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8.7 FREE COMPETITIVE PROPOSING AFFIDAVIT

(Section 1128 of Title 23, United States Code)

State of ___________________

County of __________________

I, (PROPOSER or name and title of authorized representative) says and certifies: That said PROPOSER has not, either directly, or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposing in connection with the contract for RFP No. PTD15-004.

PROPOSER

Name and Title of Authorized Representative

________________________

Date

Taken, subscribed and sworn to before me this day of , 2015.

Notary Seal

Notary Public

My commission expires

COMPANY NAME_______________________________



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8.8 BUY AMERICA CERTIFICATION

Certification of Compliance with Section 165(b) (3)

The Proposed CONTRACTOR hereby certifies that it will comply with the requirements of Section 165(b) (3) of the Surface Transportation Assistant Act of 1982 and the applicable regulations in 49 CFR, Part 661.7

Date:

Authorized Official:

Title:

Certificate of Non-Compliance with Section 165(b) (3)

The Proposed CONTRACTOR hereby certifies that it cannot comply with the requirements of Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, but it may qualify for an exception to the requirement pursuant to Section 163(b) (2) or (b) (4) of the Surface Transportation Assistance Act and regulations in 49 CFR, Part 661.7.

Date:

Authorized Official:

COMPANY NAME____________________________



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ATTACHMENTS A, B-1, B-2

Proposers shall obtain Attachments A, B-1 and B-2 from the CITY website: https://www.phoenix.gov/solicitations

Click on “Public Transit” then select “RFP PTD15-004 Transit Facilities Maintenance Services”

ATTACHMENT A – OUTREACH EFFORTS (DBE Form)

ATTACHMENT B-1 – NEGOTIATIONS WITH SMALL BUSINESSES

ATTACHMENT B-2 – SMALL BUSINESS UTILIZATION COMMITMENT

Proposers must complete and submit Attachment A, and all supporting documentation,

with their Price Proposal.


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ATTACHMENT C – DRAFT CONTRACT

AGREEMENT NO. ___________

BETWEEN

THE CITY OF PHOENIX

AND

_______________________

TRANSIT FACILITIES MAINTENANCE SERVICES

THIS AGREEMENT is made and entered into this _____day of ___, 2015, by and between the City of Phoenix, a municipal corporation duly organized and existing under the laws of the state of Arizona acting by and through its Public Transit Department (hereinafter referred to as “CITY”) and ______________ (hereinafter referred to as “CONTRACTOR”).

RECITALS

WHEREAS, the City Manager of the City of Phoenix is authorized and empowered by

provisions of City Charter to execute contracts; and,

WHEREAS, CITY desires to obtain the services that are specifically set forth in this

Agreement; and,

WHEREAS, CONTRACTOR is a corporation with the experience and the capability to

provide such services as desired by the CITY; and,

WHEREAS, the CITY has issued its solicitation document, Request for Proposals (RFP)

PTD15-004 to perform transit facilities maintenance services; and,

WHEREAS, the Proposal of ___________ and the subsequent terms and conditions were

authorized by Formal Action of the City Council dated _____________;

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NOW, THEREFORE, it is agreed by and between the parties as follows:

SECTION 1. TERM OF AGREEMENT. The Agreement shall commence August 9, 2015 and expire on June 30, 2020.

SECTION 2. SCOPE OF WORK. CONTRACTOR shall provide transit facility

maintenance services to the CITY in accordance with the Scope of Work set forth in CONTRACT EXHIBIT A. The Scope of Work may be supplemented with additional detail from time to time during the term of the Agreement if and as satisfactory to the CITY, unless otherwise agreed by CITY and CONTRACTOR by written Contract Change Order or Supplemental Agreement executed pursuant to Section 10(C) of this Agreement.

SECTION 3. COMPENSATION.

A. CONTRACTOR’s compensation under this Agreement shall not exceed $_________for the five-year contract term. CONTRACTOR’s price proposal is attached hereto as CONTRACT EXHIBIT B. Under this Agreement, CITY will pay for satisfactory and complete performance of work at the rate(s) specified in the Price Proposal, with no additional charges for overhead, benefits, local travel or administrative support.

B. CONTRACTOR shall be paid on a monthly basis in arrears. CONTRACTOR shall submit one (1) invoice for Services provided during the previous month. If the CONTRACTOR performs CITY authorized “Additional Services,” CONTRACTOR shall submit a separate invoice, along with the proper documentation, as specified in the Scope of Work (CONTRACT EXHIBIT A).

Invoice(s) must be submitted to the CITY by the 10th day of the month following the period in which the Services were performed and must contain date, contract number, supporting documentation, and invoice amount. Invoice must be submitted free of mathematical errors or missing supporting documentation. Upon finding of an error or missing documentation, the CITY will return the invoice to the CONTRACTOR. CONTRACTOR shall promptly resubmit the revised invoice to the CITY. Failure to identify an error does not waive any of the CITY’s rights. Payment will be made within thirty (30) calendar days of receipt and approval of CONTRACTOR’s invoice. It is specifically understood, however, that no payment will be made in the absence of the required supporting documentation and/or reports. Invoices must be submitted to:

City of Phoenix/Public Transit Department Attn: Transit Facilities Contract Manager 302 North First Avenue, Suite 900 Phoenix, Arizona 85003

C. In accordance with the requirements of Chapter 19, § 2, Charter of the City of Phoenix, no

more than ninety (90%) percent of the total contract price may be paid before completion of all work to be performed under this Agreement and its acceptance by CITY.

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SECTION 4. INDEMNIFICATION OF CITY AGAINST LIABILITY. CONTRACTOR (“Indemnitor”) must indemnify, defend, save and hold harmless the City of Phoenix and its officers, officials, agents, and employees (“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) (“Claims”) 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 in connection with this Agreement. This indemnity includes any Claims arising out of, or recovered under, the Workers’ Compensation Law or arising out of the failure of 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 Indemnitee will, 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. CONTRACTOR will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. In consideration of the award of this Agreement, 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.

SECTION 5. INSURANCE REQUIREMENTS. CONTRACTOR and its subcontractors

shall deliver to the CITY, before commencement of the Services provided under this Agreement, a certificate of insurance acceptable to the CITY in the amounts and form specified in CONTRACT EXHIBIT C. Failure of CONTRACTOR and its subcontractors to maintain insurance during the term of the Agreement, including renewal options, is a material breach and may result in immediate termination of this Agreement without notice. Insurance requirements are subject to periodic review and adjustment by the CITY.

SECTION 6. LIQUIDATED DAMAGES. CONTRACTOR shall pay CITY liquidated damages for non-compliance with the performance specifications of this Agreement. CONTRACTOR agrees that any breach to this Agreement, as described in CONTRACT EXHIBIT A, will result in the CITY suffering damages that are impractical or impossible to determine. CONTRACTOR agrees that the assessments in CONTRACT EXHIBIT A constitute a reasonable approximation of these damages, and the assessments are not a penalty. The CITY may deduct liquidated damage payments from CONTRACTOR’s total monthly invoice amount

SECTION 7. LEGAL WORKER REQUIREMENTS CITY is prohibited by A.R.S. § 41-4401 from awarding a contract to any CONTRACTOR who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A). Therefore, CONTRACTOR agrees that:

A. CONTRACTOR and each subcontractor it uses warrant 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 paragraph A constitutes a material breach of the Agreement that is subject to penalties up to and including termination of the Agreement.

C. CITY retains the legal right to inspect the papers of any CONTRACTOR or subcontractor employee who works on the Agreement to ensure that CONTRACTOR or subcontractor is complying with the warranty under paragraph A.

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SECTION 8. RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS. CONTRACTOR’s products, service, and facilities must 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 CITY. At the request of CITY representatives, CONTRACTOR shall provide CITY:

1) Environmental, safety and health regulatory compliance documents (written safety programs, training records, permits, etc.) applicable to services provided by CONTRACTOR under this Agreement.

2) A list of all federal, state, or local (EPA, OSHA, Maricopa County, etc.) citations or notice of violations issued against CONTRACTOR’s firm or its subcontractors including work performed, dates, reasons, dispositions, and resolutions.

CITY shall have the right, but not the obligation, to inspect the facilities, transportation vehicles or vessels, containers and disposal facilities provided by CONTRACTOR or subcontractor. CITY may also inspect operations conducted by CONTRACTOR or subcontractor in the performance of this Agreement.

SECTION 9. EMPLOYMENT DISCLAIMER; INDEPENDENT CONTRACTOR STATUS. This Agreement is not intended to, and will not, constitute, create, give rise to, or otherwise recognize a joint venture, partnership, or formal business association or organization of any kind as existing between the parties, and the rights and obligations of the parties shall be only those expressly set forth herein. The parties agree that no persons supplied by CONTRACTOR in the performance of CONTRACTOR’s obligations under this Agreement are CITY employees, and that no rights under CITY’s Civil Service, retirement, or personnel rules accrue to such persons. CONTRACTOR shall have sole and total responsibility for all salaries, wages, bonuses, retirement, withholding, workers’ compensation, occupational disease compensation, unemployment compensations, other employee benefits, and all taxes and premiums appurtenant thereto concerning such persons used by it in the performance of this Agreement, and CONTRACTOR shall save and hold CITY harmless with respect thereto. Further, it is understood and agreed by the parties that CONTRACTOR is, and shall remain, an independent contractor under this Agreement. Neither party is the agent of the other and neither party is authorized to act on behalf of the other party. CONTRACTOR shall be liable to CITY for any financial liability arising from any finding to the contrary by any forum of competent jurisdiction.

SECTION 10. GENERAL CONDITIONS. The following general conditions are material to CITY’s entry into this Agreement, and CONTRACTOR’s beach of any one or more of them constitute a material breach of contract:

A. Records

CITY, FTA, the Comptroller General of the United States, or any designee may inspect and copy, as the case may be, any facilities, books, documents, papers, computerized media and records of CONTRACTOR that are pertinent to this Agreement for any purpose, including an audit, related to the Agreement. CONTRACTOR shall maintain all books, records, data, and documents according to generally accepted accounting principles as required by the uniform system of accounts and records. All required records must be maintained for a minimum of five (5) years after CITY makes the final payment

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and all other pending matters are closed.

B. Covenant Against Contingent Fees

Both parties warrant that no person has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee; and that no member of Congress, no member of the Phoenix City Council, and no officer, agent, or employee of CITY has any interest, financially or otherwise, in this Agreement.

C. Amendments

Whenever an addition, deletion or alteration to the Services described in CONTRACT EXHIBIT A substantially changes the Scope of Work, thereby materially increasing or decreasing the cost of performance, a Contract Change Order or Supplemental Agreement must first be approved in writing by the CITY and CONTRACTOR before such addition, deletion or alteration shall be performed. Changes to the Services may be made and the compensation to be paid to CONTRACTOR may be adjusted by mutual agreement in writing signed by CITY and CONTRACTOR, but in no event may the compensation exceed the amount set forth in Section 3(A) without further written authorization from CITY. It is specifically understood and agreed that no claim for extra work done or materials furnished by CONTRACTOR will be allowed except as provided herein, nor shall CONTRACTOR do any work or furnish any materials not covered by this Agreement unless first authorized in writing by the CITY. Any work or materials furnished by CONTRACTOR without prior written authorization shall be at CONTRACTOR’s risk, cost and expense, and CONTRACTOR agrees to submit no claim for compensation or reimbursement for additional work done or materials furnished without prior written authorization.

D. Assignability; Successors and Assigns

This Agreement is not assignable without the prior written consent of the parties, and any attempt to assign the Agreement without prior written consent is void. This Agreement extends to and is binding upon the parties’ respective heirs, successors, legal representatives and assigns.

E. Fiscal Year Clause.

The continuation of this Agreement after the end of each fiscal year of CITY is subject to the City of Phoenix appropriating funds for the Agreement in subsequent fiscal years. CITY does not represent that funding will be approximated because such a budgetary determination is solely within the City Council’s discretion at the time the subsequent budget is adopted. CITY’s fiscal years end on June 30 each year.

F. Fiscal Year Time for Payment. Under the provisions of A.R.S. § 42-17108, CITY may pay for services rendered or costs incurred only during a fiscal year in which the services and costs are budgeted and for a period of sixty (60) days thereafter. CONTRACTOR must submit its invoices for services performed or costs incurred, together with any required reports, before the close of a fiscal year allowing sufficient time for the processing of payment within the 60-day period.

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G. Ownership of Documents and Products

All software, documents and products created or developed by CONTRACTOR while performing under this Agreement belong to CITY. This provision is intentionally broad. It applies to and includes software programs, drawings, art work, publicity materials, reports, estimates, route information, schedules and related materials, hardware and other products whether or not transit related.

H. Contract Administration and Dispute Resolution

1. Disputes related to this Agreement’s interpretation or performance, if not resolved by the parties, must be decided in writing by Contracting Officer his designee. The decision of the Contracting Officer is final and conclusive unless within ten (10) calendar days from the date of receipt of the decision, CONTRACTOR appeals in writing to the CITY’s Public Transit Director. On appeal, CONTRACTOR will be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Public Transit Director or designee is binding on the CONTRACTOR, and the CONTRACTOR shall abide by the decision.

2. Performance During Dispute: CONTRACTOR shall continue performance under this

Agreement during all disputes unless CONTRACTOR’s performance is refused by CITY or is enjoined or prohibited by court of competent jurisdiction.

3. Claims for Damages: If either party to the contact suffers injury or damage to person or

property because of any act or omission of the other party or of any of its employees, agents or others for whose acts it is legally liable, the injured [arty shall make a claim for damages in writing to the other party within five (5) calendar days after the first observance of the injury of damage.

4. Remedies: Unless the Agreement provides otherwise, all claims, counterclaims,

disputes and other matters in question between CITY and CONTRACTOR arising out of or relating to this Agreement or its breach must be decided by arbitration.

5. Rights and Remedies: The parties’ rights and remedies and their duties and

obligations under this Agreement do not limit or exclude any rights, remedies, duties or obligations otherwise recognized or imposed by law. No action or failure to act by CITY or CONTRACTOR constitutes a waiver of any right or duty afforded either of them under the Agreement, and any such action or failure to act does not constitute approval of or acquiescence in any breach of the Agreement, except as may later be specifically agreed in writing.

I. Contract Order of Precedence

If a conflict appears between this Agreement’s provisions and other incorporated documents, the following take precedent in the order set forth below to resolve the conflict:

1) Federal conditions; 2) This Agreement; 3) City terms and conditions; 4) Appendices and exhibits; 5) The RFP, addenda and Contractor’s Proposal; 6) Other documents referenced or included in the RFP.

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Unless otherwise specifically provided, in resolving any conflict or inconsistency among the foregoing documents, the most recent in time prevails over older documents or provisions covering the same issue, and provisions most favorable to CITY prevail over less favorable conflicting or inconsistent provisions wherever they may be found.

J. Notices

Any notice, consent of other communication (“Notice”) required or permitted under this Agreement must be in writing and either delivered in person, sent by facsimile transmission, deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested, or deposited with any commercial air courier or express service addressed as follows:

If to CONTRACTOR:

If to CITY: Maria Hyatt, Public Transit Director

City of Phoenix Public Transit Department 302 North 1st Avenue, Suite 900 Phoenix, AZ 85003 Telephone: (602) 262-7242 FAX (602) 495-2002

Notices will be deemed received at the time they are personally served or sent by facsimile transmission, on the second day after deposit with any commercial air courier or express service, or if mailed, ten (10) days after the Notice is deposited in the United States mail. Any time period stated in a Notice must be computed from the time the Notice is deemed received. Either party may change its mailing address or the person to receive Notice by notifying the other party as provided in this paragraph. Notices sent by facsimile transmission must also be sent by regular mail to the recipient at the above address. This requirement for duplicate notice does not change the effective date of a notice sent by facsimile transmission.

K. Attorneys’ Fees

If suit is brought by either party to enforce the terms of this Agreement, to collect any monies due, or to collect money damages for breach, the prevailing party is entitled to recover, in addition to any other remedy, reimbursement for reasonable attorneys’ fees, court costs, costs of investigation and other related expenses incurred in connection therewith.

L. Federal, State and Local Laws

CONTRACTOR warrants that it shall comply with all federal, state and local laws and ordinances and all lawful orders, rules and regulations applicable to this Agreement.

M. Cancellation Rights

This Agreement is subject to cancellation by CITY pursuant to the provisions of Arizona Revised Statutes § 38-511.

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N. Waiver

CITY’s failure at any time to require performance of any provision of this Agreement in no way affects the right of CITY to enforce the provision later or to enforce any other provision of this Agreement.

O. Compliance with the Immigration Reform and Control Act of 1986 (IRCA) Required

CONTRACTOR understands and acknowledges the applicability to it of IRCA and of Arizona Revised Statutes § 23-211 through § 23-214. CONTRACTOR shall comply with IRCA and with A.R.S. § 23-211 through § 23-214 in performing this Agreement and shall permit CITY inspection of its personnel records to verify compliance.

P. Implied Contract Terms Each and every provision of law and any clause required by law to be in this Agreement must be read and enforced as though it were included in the Agreement, and if any such provision is not inserted or is not correctly inserted, then upon either party’s request the Agreement must be promptly amended to insert the correct provision.

Q Severability This Agreement’s provisions are severable, and if any provision is deemed invalid by a forum of competent jurisdiction, all other provisions of the Agreement remain in effect without the invalid provision. SECTION 11. TERMINATION OF SERVICES.

A. Termination for Convenience. At any time, CITY may terminate this Agreement for convenience by written notice to CONTRACTOR. Under this provision, CITY may terminate the Agreement for any reason or for no reason. CONTRACTOR shall be paid its costs, including contract close-out costs, and profit on work performed up to the date of termination. CONTRACTOR shall promptly submit these costs to CITY for payment together with such supporting documentation as CITY may require. If CONTRACTOR has any property in its possession belonging to CITY, CONTRACTOR shall account for and return or dispose of the property as CITY directs. When Notice of Termination is received, CONTRACTOR shall immediately consult with CITY about the goods and materials on order then or that are in place and about CONTRACTOR’s plan to proceed with the work had the Agreement not been terminated. After this consultation, CONTRACTOR shall take whatever action CITY may direct related to the Agreement, including cancelling orders; retaining, selling or otherwise disposing of goods and materials; and winding up work or continuing to prosecute it.

B. Termination for Cause. Subject to CONTRACTOR’s right to cure under the provisions of 11(D). below, if CONTRACTOR: (a) fails to provide any of the deliverables specified in this Agreement within the time specified or any extension; or (b) fails to perform any other material provision of this Agreement, CITY may terminate the Agreement for cause. Failure to perform includes any attempt by CONTRACTOR to use unacceptable personnel or supply materials, defective products or workmanship or to furnish the required service and/or product later than the time set forth in the Agreement. If, after termination for cause, it is determined that CONTRACTOR was not in default or

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that a delay was excusable, then the termination shall be deemed a termination for convenience, and CITY may, in its sole discretion, require CONTRACTOR to continue performance of this Agreement and, if appropriate under the circumstances, allow additional time for performance to be completed, and pay CONTRACTOR its costs of delay, demobilization and remobilization, if appropriate.

C. Notice of Termination. CITY shall give CONTRACTOR thirty (30) days’ written notice before terminating CONTRACTOR for convenience or for cause. To effect either termination, CITY shall deliver a Notice of Termination to CONTRACTOR specifying: (a) the nature of the default, if any; (b) the nature of the termination, i.e., whether for convenience or cause; (c) the date upon which the termination takes effect.

D. Opportunity to Cure. Before termination for cause, the Contract Administrator, after consultation with CONTRACTOR, will deliver to CONTRACTOR a notice to cure and allow CONTRACTOR thirty (30) calendar days (or such other period agreed to between CONTRACTOR and CITY) within which CONTRACTOR correct and cure the defect. Upon receiving the cure notice, CONTRACTOR shall diligently pursue the cure to completion. The notice will state the time period within which cure is permitted together with other reasonable conditions. If CONTRACTOR fails to correct and cure the breach or default of any of the terms, covenants, or conditions of this Agreement within thirty (30) calendar days (or such other period agreed to between CONTRACTOR and CITY) after CONTRACTOR’s receipt of the notice to cure specifying the nature of the default or breach, then CITY may terminate this Agreement by delivering a notice of termination for cause in accordance with 11(B) above. Any termination for cause will not preclude CITY from also pursuing all other available remedies against CONTRACTOR and its sureties for the default or breach. SECTION 12. CONFIDENTIALITY AND DATA SECURITY

A. All data, regardless of form, including originals, images and reproductions, prepared by, obtained by, or transmitted to CONTRACTOR in connection with this Agreement are confidential, proprietary information owned by CITY. Except as specifically provided in this Agreement, CONTRACTOR shall not disclose data generated in performing any service to any third person without the prior written consent of the City Manager or his/her designee.

B. Personal identifying in 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 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.

C. If data collected or obtained by CONTRACTOR in connection with this Agreement is believed to have been compromised, CONTRACTOR shall notify the City Privacy Officer immediately. CONTRACTOR agrees to reimburse CITY for any costs incurred by CITY to

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investigate potential breaches of the data and if applicable, the cost of notifying individuals who may be impacted by the breach.

D. CONTRACTOR shall incorporate the requirements of this section into all subcontractor agreements entered into by CONTRACTOR. Any violation of this section will be deemed to cause irreparable harm that justifies injunctive relief in court, notwithstanding the parties have agreed to arbitrate other disputes under the Agreement. A violation of this section may result in immediate termination of Agreement without notice.

E. CONTRACTOR shall defend, indemnify, 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, attorney’s and experts’ fees, and cost of claims-processing, investigation and litigation) for any loss caused, or alleged to be caused, in whole or in part, by CONTRACTOR’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 CONTRACTOR’s failure to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree.

F. CONTRACTOR’s obligations under this section survive termination of this Agreement. SECTION 13. AFFIRMATIVE ACTION. CONTRACTOR 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. CONTRACTOR shall ensure that applicants are employed and employees are dealt with during employment without regard to their race, color, religion, sex, national origin, age, or disability. Such action shall include but not be limited to the following: employment, promotion, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training; including apprenticeship. This clause must 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 further agrees that this clause will be incorporated in all subcontracts, job-consultant agreements or subleases of this Agreement.

SECTION 14. INTEGRATION. This Agreement constitutes the full and complete understanding and agreement of the parties and supersedes all prior understandings, agreements, discussion, proposals, bids, negotiations, communications, and correspondence, whether oral or written. Neither party has made any representation, promise, inducement or statement of intention that is not embodied in this Agreement and neither party is bound by or liable for any matter not in the Agreement.

SECTION 15. GOVERNING LAW; FORUM; VENUE. This Agreement is executed and delivered in the state of Arizona, and the substantive laws of Arizona (without reference to choice-of-law principles) govern the Agreement’s interpretation and enforcement. Any action to interpret or enforce this Agreement must be commenced and maintained in the state or federal courts of the state of Arizona, Maricopa County. SECTION 16. FORCE MAJEURE. Except for payment of all amounts due, neither party shall be liable to the other nor deemed in default under this contract if and to the extent that the party's performance of this Agreement is prevented by a force majeure, which means an

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occurrence beyond the control and without the fault of the party affected. But a force majeure does not include late performance by a subcontractor unless the delay was beyond the control and without the fault of the subcontractor. If either party is delayed in the progress of the work by a force majeure, the delayed party shall notify the other party, in writing and as soon as is practical, of the commencement of the delay and the specific causes of delay. The notice must be hand-delivered or mailed certified-mail return-receipt requested and must make a specific reference to and invoke this provision. The delayed party shall endeavor to end the delay as soon as practicable and shall notify the other party in writing when it has done so. The time of completion will be extended by contract modification for the time the delay prevented the delayed party from performing this Agreement.

SECTION 17. CONFLICTS OF INTEREST.

A. CONTRACTOR acknowledges that, to the best of its knowledge, information and belief, no person has been employed or retained to solicit or secure this Agreement upon a promise of a commission, percentage, brokerage, or contingent fee, and that no member of the Phoenix City Council or any employee of the CITY has any financial interest in the contracting firm. For breach of violation of this warranty, CITY shall have the right to annul this Agreement without liability, including any such commission, percentage, brokerage or contingent fee.

B. CITY reserves the right to disqualify CONTRACTOR in the event the CITY determines CONTRACTOR has an actual or apparent conflict of interest with the purposes of this Agreement, and the provisions and procedures set for in Section 7 shall apply.

C. If CITY finds that CONTRACTOR or anyone acting on its behalf offered or gave gratuities in the form of entertainment, gifts or inducements to any CITY officer or employee for the purpose of securing this Agreement, or securing favorable treatment with respect to the awarding, amending, or making of any determination with respect to the performance of this Agreement, CITY may, on one (1) calendar day written notice to CONTRACTOR, terminate CONTRACTOR’s right to perform this Agreement; provided that and the issue may be litigated in an Arizona court of competent jurisdiction. In the event of such termination, the CITY is entitled to the same remedies against CONTRACTOR as could be pursued for CONTRACTOR’s default or breach. SECTION 18. CLAIMS OR DEMANDS AGAINST THE CITY. CONTRACTOR shall

comply with the provisions of Chapter 18, Section 14 of the Charter of the City of Phoenix, pertaining to claims or demands against the CITY, including provisions therein for set-off of indebtedness to the CITY against demands on the CITY. CONTRACTOR shall follow the prescribed procedure for presentation of claims and demands. In addition, CONTRACTOR shall comply with the claim statutes, A.R.S. §§ 12-821 and 12-821.01, pertaining to claims against CITY. Nothing in this Agreement constitutes a dispute resolution process, an administrative claims process, or contractual term as used in A.R.S § 12-821.01(C) to affect the date on which a claim accrues under A.R.S § 12-821.01(A) and (B).

SECTION 19. RELEASE OF INFORMATION – ADVERTISING AND PROMOTION. CONTRACTOR shall not publish, release, disclose or announce to any member of the public, press, official body, or any other third party: (1) any information concerning this Agreement or the

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services provided under it, or (2) any Agreement-related documents or their contents without the prior written consent of CITY, except as required by law. The name of any site on which services are performed shall not be used in any advertising or other promotional context by CONTRACTOR without CITY’s prior written consent.

SECTION 20. TRANSITION COOPERATION AGREEMENT. Upon the expiration, termination or other conclusion of this Agreement and of CONTRACTOR’s rights and obligations under the Agreement, the parties anticipate that CITY will select a successor provider to perform the same or similar work. The parties further acknowledge that the successor provider may be CONTRACTOR or another individual, firm or entity. If the successor provider is an individual, firm or entity other than CONTRACTOR, then CONTRACTOR shall cooperate fully with the successor provider to effect a smooth and seamless transition. This cooperation must include, but is not limited to, the following.

1) CONTRACTOR shall share and permit the copying of all books and records necessary or convenient for the successor provider to undertake its work. These records include, but are not limited to, maintenance records, inventory records, supplier contracts, and support Agreements.

2) If original records are necessary for the successor provider to properly perform its legal obligations, CONTRACTOR shall provide the originals to the successor, and CONTRACTOR shall keep copies of them.

3) CONTRACTOR shall share and permit the copying of all pertinent personnel records.

4) CONTRACTOR shall execute documents necessary to effect a transfer of all contracts, goods, services and utilities.

5) CONTRACTOR shall not sell, transfer, convey or encumber any CITY assets or any of the assets to be transferred to the successor provider.

6) CONTRACTOR shall maintain all inventory levels necessary for the successor provider to continue to perform the work.

7) As CITY may direct, CONTRACTOR shall surrender to the successor provider or to CITY all CITY-owned real, personal and/or intellectual property.

8) CONTRACTOR shall inventory all property (real, personal or mixed) purchased or leased with CITY funds and all property in which CITY has an ownership or possessory interest. CONTRACTOR shall include a description of the property and its location in sufficient detail to permit easy identification.

Until the date that the successor provider assumes its position, CONTRACTOR shall fully and conscientiously perform its obligations under this Agreement in a professional and workmanlike manner.

SECTION 21. EFFECTIVE DATE. This Agreement will be in full force and effect only when it has been approved by the City Council of the City of Phoenix, Arizona, executed by the duly authorized officials of the respective parties, and filed with the Phoenix City Clerk.

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SECTION 22. EXHIBITS; INCORPORATION BY REFERENCE. The RFP, addenda and CONTRACTOR’s Proposal are incorporated into this Agreement by reference. The following attached Exhibits are each by this reference also incorporated into this Agreement.

Exhibit “A” Scope of Work Exhibit “B” Price Proposal Exhibit “C” Insurance Requirements Exhibit “D” FTA Required Clauses

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IN WITNESS WHEREOF, the parties herein have caused this Agreement to be executed in triplicate originals.

CITY OF PHOENIX, ARIZONA

ED ZUERCHER, CITY MANAGER

By________________________

Maria Hyatt Public Transit Director

ATTEST:

__________________________________

City Clerk

APPROVED AS TO FORM:

__________________________________

Acting City Attorney

APPROVED BY CITY COUNCIL ORDINANCE NO. _________on ____________

By ________________________

ATTEST:

___________________________________

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CONTRACT EXHIBIT A

SCOPE OF WORK

(Scope of Work to be completed based upon the proposal accepted and awarded)

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CONTRACT EXHIBIT B

PRICE PROPOSAL

(Price Proposal to be completed based upon the proposal accepted and awarded)

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CONTRACT EXHIBIT C

INSURANCE REQUIREMENTS

(Insurance requirements as stated in Section 5.9 of RFP PTD15-004)

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CONTRACT EXHIBIT D

FEDERAL TRANSIT ADMINISTRATION (FTA) REQUIRED CLAUSES

This Agreement is being funded, in whole or in part, with federal funds through the Federal Transit Administration (FTA). As a consequence of that funding, the FTA mandated provisions, listed below by title, are incorporated into this Agreement. The clauses are fully stated in Section 7 of RFP PTD15-004.

1. NO OBLIGATION BY THE FEDERAL GOVERNMENT

2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS

3. ACCESS TO RECORDS

4. FEDERAL CHANGES

5. CIVIL RIGHTS

6. TERMINATION

7. INCORPORATION OF FTA TERMS

8. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION

9. BUY AMERICA

10. DISPUTES

11. LOBBYING

12. CLEAN AIR

13. CLEAN WATER

14. FLY AMERICA

15. PRIVACY ACY

16. ENERGY CONSERVATION

17. ACCESS REQUIREMENTS FOR PERSONS WITH DISABILITIES (ADA)

18. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM

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ATTACHMENT D

DRAFT CONTRACT OVERSIGHT PLAN

TFMMS- FACILTIES SERVICES 2015 thru 2020

YEAR ____ □ □ □ □ □ □ □ □ □ □ □ □

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

Contract Requirements Method of Assurance –

Frequency

Results Comments

Met Not Met

N/A

Facilities Maintenance Management –

Maintain facility to the standard developed by the contractor Facilities Maintenance Plan

Contract manager to review monthly reports conduct site visits

Preventive Maintenance (PM)- Perform at a minimum 90% of the required maintenance as described in the contractor’s maintenance plan (City will approve plan)

Contract monitor to review monthly reports. Random checks of equipment and site conditions

Work Order System- Accurately track PM and repair work orders by unit and facility element using CMMS as per Section 2.5 Including warranty tracking

Review Monthly reports of PM’s and repairs

Reporting-Section 2.15.3 Complete all required reports required for the month. Repair and PM summary, Expenditures, Damage report.

Review any Monthly, Quarterly and Annual reports for completeness

Met Not Met N/A

Monthly: ____ _____ ____

Quarterly: ____ _____ ____

Annual: ____ _____ ____

FMC Staff Security Cleared and Badged Section 2.20

Inspect FMC staff for proper ID and Clearance

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Contract Requirements

Mandates

Method of Assurance –

Frequency

Result Comments

Met Not Met

N/A

Invoicing –Payment shall be made in arrears for services previously rendered. On or before the 10

th day of the month

following the month in which service has been provided, Contractor shall submit to CITY its invoice for Facilities Maintenance management fee and associated personnel costs (as specified above) together with all

Review monthly report.

Additional Services work to Follow Section 2.16 & 4.1.2

PTD staff to review all Additional Services invoicing. Monthly or as needed

Insurance Requirements – Contractor shall procure and maintain until all of their obligations have been discharged.

Review certificates of insurance to verify coverage is current and up to date. Quarterly

Licenses- contractor shall have all required licenses to perform the required service work.

Contract manager to review compliance through AZROC website

FMC to follow all environmental and OSHA requirements for local, state and Federal requirements

Documentation review- Quarterly review of MSDS

FMC to meet DBE Goal Section 6.18 Coordinate with Compliance Section

Monthly reports and copy of invoice sent to Compliance Section

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Contract Requirements

Quarterly Reviews

Method of Assurance

Result

Comments Met Not Met

N/A

Fuel/Fluid Systems-

Inspect quarterly to ensure safety and reliability. Provide comprehensive preventive maintenance program and daily reconciliation. Provide special operations and maintenance programs for safety equipment and permit requirements.

Inspection of sites and documentation

review.

Fire notification, methane detection, Fire Sprinklers & Fire Extinguishers – Inspect fire safety systems and elements sprinkler systems at least annually or in accordance with local codes to ensure their reliability.

Inspect risers panels, controllers and devices for trouble signals, certifications and documentation review.

Quarterly Semi Annual and Annual. All sites

Contract Requirements Annual Inspection

Method of Assurance

Result Comments

Met Not Met

N/A

Elevators – Maintained regularly. Inspect all systems per building codes. Quarterly service continues

Inspection and documentation review

STF, NTF

Annual Building Inspection – Conduct an annual detailed inspection of the Sites. This inspection shall:

(1) review the overall quality of each service provided to the Premises; (2) evaluate the operating procedures; and (3) identify capital improvements necessary to maintain and enhance the Premises’ appearance, function and operating efficiency. Report shall include equipment condition and future facility needs.

PTD to conduct facilities review with FMC. Report Delivered by FMC by deadline. PTD review of report.

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Electrical Systems –Section 2.6.1

Inspected annually to ensure safety and reliability. Provide comprehensive preventive maintenance program. Provide special operations and maintenance programs for auxiliary power, uninterruptible power, and special systems for all complex elements.

Inspection and documentation review.