P16-SWD-010 - Palm Fronds Diversion - City of Phoenix Home 16... · REQUEST FOR PROPOSALS (RFP) Palm Fronds Diversion RFP 16-SWD-010 (AS) Schedule ACTIVITY (All times are local Phoenix

REQUEST FOR PROPOSALS (RFP) Palm Fronds Diversion RFP 16-SWD-010 (AS)

Schedule

ACTIVITY (All times are local Phoenix time) DATE

Issue RFP January 29, 2016 Pre-Proposal Meeting (1:30 p.m.) February 9, 2016 Submittal of Written Questions (11:00 a.m.) February 23, 2016 Responses to Written Questions March 1, 2016 Proposal Deadline (11:00 a.m.) March 30, 2016 Short Listing and Proposer Interviews, if applicable April-May 2016

Submit proposals and requests for alternate formats to:

Anne Shadle, Procurement Officer City of Phoenix

Public Works Department (PWD) 200 West Washington Street, 7th Floor

Phoenix, Arizona 85003-1611 Telephone: 602-256-4361 (AZ Relay Friendly)

[email protected] phoenix.gov/solicitations/537

This RFP does not commit the City to award any contract. All dates subject to change.

CITY OF PHOENIX Public Works Department

Palm Fronds Diversion RFP 16-SWD-010 (AS)

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Table of Contents

Section I - Introduction ........................................................................................................ 4

A. Overview ............................................................................................................................... 4 B. Minimum Qualifications ......................................................................................................... 4 C. Lease Term ........................................................................................................................... 4 D. Pre-Proposal Meeting and Tour ............................................................................................ 4 E. Proposer Inquiries ................................................................................................................. 5 F. Changes to the RFP ............................................................................................................. 5 G. Guarantee Instruments ......................................................................................................... 5

Section II – Business Opportunity ....................................................................................... 6

A. Resource Innovation Campus Overview .............................................................................. 6 B. Palm Fronds Diversion Site(s) at RIC ................................................................................... 6 C. Development and Infrastructure ........................................................................................... 6 D. Palm Fronds Feedstock ........................................................................................................ 7 E. Desired Project ..................................................................................................................... 7

Section III – Proposer Instructions ...................................................................................... 8

A. Delivery of Proposals ............................................................................................................ 8 B. Form of Proposals ................................................................................................................ 8

Section IV – Evaluation ..................................................................................................... 11

A. Evaluation Panel ................................................................................................................. 11 B. Evaluation Criteria .............................................................................................................. 11

Section V – General Terms and Conditions of the Proposal ............................................. 12

A. Transparency Policy ........................................................................................................... 12 B. Materials Submitted ............................................................................................................ 13 C. Award Recommendation .................................................................................................... 13 D. Negotiations ........................................................................................................................ 13 E. City’s Reservation of Rights ................................................................................................ 14 F. Right to Disqualify ............................................................................................................... 14 G. Preparation Costs ............................................................................................................... 14 H. Additional Investigations ..................................................................................................... 14 I. Proposer Certification and Affidavit .................................................................................... 14 J. Covenant Against Contingent Fees Paid to Proposer ........................................................ 15 K. No Gratuities ....................................................................................................................... 15 L. Protests 15

Section VI – Standard Contract Provisions ....................................................................... 16

A. Indemnification .................................................................................................................... 16 B. Insurance Requirements ..................................................................................................... 17 C. Legal Worker Requirements ............................................................................................... 17 D. Applicable Law .................................................................................................................... 17


Palm Fronds Diversion RFP 16-SWD-010 (AS)

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E. Organization Employment Disclaimer ................................................................................. 17 Attachments

Attachment A Affidavit Attachment B Proposed Business Terms Attachment C Site Map


Palm Fronds Diversion RFP – RFP-16-SWD-010

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SECTION I - INTRODUCTION A. Overview

The City of Phoenix (City) is seeking one or more companies to lease land at the City’s Resource Innovation Campus for the diversion of palm fronds through a process that transforms the palm fronds into new products or reuses the palm fronds for a new purpose. This RFP is part of the Reimagine Phoenix initiative to achieve the City’s goal of diverting 40% of its trash from the landfill by the year 2020. Information about Reimagine Phoenix can be found at phoenix.gov/reimaginephoenix. Proposers should note that the City is currently constructing a composting facility that will be operational in 2016 and is not seeking palm fronds diversion options that will compete with the composting facility. Therefore, proposals that propose composting palm fronds will be rejected.

B. Minimum Qualifications

Each proposer must have verifiable experience repurposing palm fronds or similar materials with its proposed technology or manufacturing process. The term “repurposing” means a process by which palm fronds or similar materials are transformed into a new product or reused for a new purpose. Any proposer or any member or affiliate of a proposing team that currently contracts with the City must be in good standing for its proposal to be considered responsive. For the purpose of this RFP, good standing refers to compliance with all contractual provisions, including payment of financial obligations. Each proposer must demonstrate these minimum qualifications in its proposal or its proposal will be disqualified as non-responsive.

C. Lease Term Each unsubordinated lease resulting from this RFP will have a maximum term of twenty years, with two five-year renewal options. Any lease resulting from this RFP is non-exclusive.

D. Pre-Proposal Meeting and Tour

Proposers are strongly encouraged to attend the pre-proposal meeting at the date and time listed on page 1 at the 27th Avenue Transfer Station, 3060 S. 27th Avenue, Phoenix. The purpose of this meeting is to review this RFP and respond to questions. The pre-proposal meeting will be followed by a tour of the future Resource Innovation Campus. Please email [email protected] to register for this meeting.



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E. Proposer Inquiries

Proposers are advised to read this RFP in its entirety. Failure to read and/or understand any portion of this RFP shall not be cause for waiver of any portion of the RFP or subsequent contract. All questions about this RFP must be submitted in writing no later than the deadline listed on page 1 to [email protected]. All written questions will be responded to in writing and posted at phoenix.gov/solicitations/537.

F. Changes to the RFP Changes to this RFP will be issued in writing as an addendum and posted at phoenix.gov/solicitations/537. The City shall not be responsible for any oral instructions given by any City employees or officials regarding RFP instructions, specifications, or documents. Although registered pre-proposal meeting attendees, and potential proposers who request such notification in writing, will be notified by email when documents related to this RFP are available at phoenix.gov/solicitations/537, proposers are responsible for obtaining any and all information posted on the website.

G. Guarantee Instruments 1. Proposal Guarantee

Each proposal must be accompanied by a $1,000 proposal guarantee in the form of a cashier’s check payable, without condition or restrictive endorsement, to the City of Phoenix. Each proposer’s proposal guarantee must be submitted in a separate sealed envelope along with the proposal. Proposal guarantees of unsuccessful proposers will be returned via certified mail, without interest, immediately after the business opportunity has been formally awarded by the Phoenix City Council or after all proposals are rejected. In the event a short listing process is used, the proposal guarantees of the proposers not selected for interviews will be returned via certified mail, without interest, immediately following the short-listing process. The successful proposer’s proposal guarantee becomes non-refundable upon Phoenix City Council approval of the business terms of its proposal. After contract execution, however, the successful proposer’s proposal guarantee will be returned, without interest. If the successful proposer fails to execute the contract in a timely manner, the proposal guarantee will be forfeited as liquidated damages.



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2. Performance Guarantee Upon execution of the Lease, the successful proposer(s) will be required to post and maintain with the City a Performance Guarantee in the form of a Letter of Credit (LOC), or equivalent financial guarantee acceptable to the City, in the amount of 6 months’ proposed rent.

SECTION II – BUSINESS OPPORTUNITY A. Resource Innovation Campus Overview

The City is creating the Resource Innovation Campus (RIC) as a regional circular economy hub. The RIC is home to one of the City’s two transfer stations as well as a composting facility scheduled to begin operations later this year. Approximately 50 acres of the RIC will be leased to innovators with market-ready technologies and manufacturing processes that reuse or repurpose trash materials including recycled plastics, recycled paper, and recycled boxes and packing materials. The City also intends to locate a materials exchange and, if financially viable, an anaerobic digester at the RIC. Innovators to be located at the RIC will be selected through competitive processes, including this RFP for palm fronds diversion. To be added to the notification list for future RFPs, please email [email protected].

B. Palm Fronds Diversion Site(s) at RIC

The City has identified the primary palm fronds diversion site (Site) on Attachment C, directly adjacent to the City’s composting facility. As depicted, the Site is approximately 3.87 acres; however, the actual acreage to be leased to any successful proposer will be based on the acreage requirements listed in its proposal and agreed upon by the City. Should the successful proposer require a larger footprint or if the City selects more than one successful proposer, the City reserves the right to negotiate other palm fronds diversion sites. The successful proposer(s) shall pay the City rent in the amount of $0.18 per square foot per year.

C. Development and Infrastructure The City will bring electricity, water, and fire lines to the lease line. Each successful proposer will be responsible for: 1) developing its Site, including permitting; 2) operating the manufacturing processes proposed for its Site; 3) complying with all applicable local, state, and federal regulations; and 4) all costs associated with development, operations, and maintenance.



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D. Palm Fronds Feedstock

In October 2015, the City commissioned an audit of self-haul and bulk trash deliveries to the City’s two transfer stations. This study, which is posted at http://www.phoenix.gov/solicitations/537/537, estimates the City’s annual palm frond feedstock to be 34,448 tons. Currently the City spends approximately $17 per ton to transport and landfill trash, including palm fronds, from the City’s transfer stations.

The City may deliver the palm fronds to the Site(s) from the Transfer Station or the City may direct self-haulers (primarily landscapers) using the Transfer Station to deliver the palm fronds directly to the Site(s). Each proposer must specify the annual minimum and maximum palm fronds volume levels it seeks and the dollar amount it will pay the City, or be paid by the City, for each ton of palm fronds the City diverts to the proposer. Palm fronds will be delivered to the Site(s) in a natural, unprocessed state and may contain a low level of other landscape materials.

E. Desired Project

This section details the Desired Project that will result from the successful proposal and lists specific considerations each proposer should incorporate into its proposal. The Desired Project: 1. Advances the City’s goal to divert 40% of its trash by the year 2020 by repurposing

palm fronds that are currently landfilled.

2. Furthers the City’s efforts to create a local circular economy by repurposing all of the City’s palm fronds into new products.

3. Creates new jobs at the Resource Innovation Campus.

4. Incorporates sustainability concepts in its building design and overall operations.

5. Requests minimal, if any, City assistance and provides the maximum return to the City.

6. May accept palm fronds from sources in addition to the City, with prior written approval from the City.



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SECTION III – PROPOSER INSTRUCTIONS

A. Delivery of Proposals

Each proposer must submit the following in a sealed package marked with the proposer’s name and the name of this RFP:

1 original, signed and notarized, proposal 6 copies of the proposal 1 electronic copy of the proposal in a native format on a CD or thumb drive 1 proposal guarantee as specified in Section I (G)

Proposals must be received by City of Phoenix, by the deadline at the address listed on page 1. Proposals received after the deadline shall be deemed non-responsive and rejected.

B. Form of Proposals

Proposals not following the specified format below or that are incomplete, obscure, conditional, or contain additions not requested, exceptions to material provisions, or irregularities of any kind, may be deemed non-responsive and disqualified from the process. Each proposal must be compiled and tabbed as described below in a loose-leaf three-ring binder and each page of the proposal must be numbered. Proposals are limited to 20 double-sided or 40 single-sided, letter-size pages, typed in 12 point Arial font. 1. Tab 1 – General Information

a. Executed Affidavit (Attachment A)

b. Executive Summary (maximum 2 pages)

Provide a concise summary and narrative of the overall proposal. Proposers must note in the Executive Summary if someone other than the person listed on Attachment A will serve as the proposer’s contact person for the proposal.

2. Tab 2 – Qualifications and Experience Statement Each proposer shall provide sufficient documentation to demonstrate it meets the minimum qualifications listed in Section I (B). Please include a telephone number and email address of a contact person who can verify the proposer’s experience.



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Each proposer shall describe its experience using its proposed technology or manufacturing process to repurpose palm fronds or similar products. This description should include details about the:

Type and tonnage of feedstock processed by the proposed technology or manufacturing process on a daily, weekly, or annual basis.

Type and volume of by-products (such as gas emissions, liquid effluents, and solid residues) generated by the proposed technology or manufacturing process on a daily, weekly, or annual basis and the proposer’s experience with managing and disposing of these by-products.

Each proposer shall also address each bulleted item listed under Item 1 of Section IV (B).

3. Tab 3 – Business Plan

Each proposer must provide a narrative of its business plan for repurposing or reusing palm fronds, and: Demonstrate viability for the proposal, including research/market demand data

for the product being manufactured from the palm fronds and proposer’s plan for marketing the new product.

Provide clear and compelling information to demonstrate the proposer’s financial capacity to execute and complete the proposal successfully.

Project budget – clearly detail and define proposed costs, including all construction costs, soft costs and contingencies as well as assumptions for all costs and revenues.

Pro forma – clearly detail and define the proposal’s operating pro forma,

including all revenues, expenses, debt service, taxes, and other assessments for at least 10 years, or if City assistance is requested for a longer period, for the duration of that assistance, as well as assumptions for all costs and revenues.

Project timeline – clearly detail major milestones, including any phasing.

4. Tab 4 – Financial Return and Benefits to the City Each proposer must provide: a. Proposed Business Terms (Attachment B)

Each proposer must specify:



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1. the acreage it will rent from the City (in square feet), and 2. the dollar amount the proposer will pay the City, or need to be paid by

the City, for each ton of palm fronds the City diverts to the proposer. b. Each proposer must list the number of jobs to be created by the proposal and

the average salaries the jobs.

c. Describe the economic, fiscal, employment, and other tangible public benefits to be generated by the proposal.

d. Specify any requested City assistance, including details such as the type of assistance, length of agreement term, commencement, and completion dates, etc. Any requests for City assistance must be limited to assistance the City can reasonably accommodate.

5. Tab 5 – Proposed Technology or Manufacturing Process

Each proposer must provide a narrative describing its proposed primary and secondary technology or manufacturing process for repurposing or reusing palm fronds and an operations plan that includes, at a minimum: Hours of operation Staffing Permitting Feedstock

i. Specifications and storage plan, including typical batch throughout per ton of palm fronds

ii. Contamination control and management iii. Customer service and receiving procedures

Dust, noise, odor, and fire control plans Safety plan Waste and residue management (including by-products such as solid residues,

liquid effluent, and gaseous emissions) Infrastructure requirements (volumes for water, electricity, etc.)

Please include drawings or schematics depicting the proposed building(s) and major processing and auxiliary equipment to be located at the Site and describe any sustainability practices incorporated into the building design and operations.



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SECTION IV – EVALUATION The Procurement Officer will perform an administrative review of proposals for responsiveness. This review will focus on accurate and complete submission of proposals based on the RFP requirements. The City reserves the sole right to determine the responsiveness of proposals. A. Evaluation Panel

If applicable, the Public Works Department (PWD) Director will appoint an evaluation panel to review the proposals and recommend a proposer to be awarded the contract resulting from this RFP. The evaluation panel may interview all of the proposers, a short list of proposers, or may evaluate the proposals solely on the materials submitted by the proposal deadline. In the event a short list process is used, the evaluation panel will use the evaluation criteria established in this RFP to identify the proposers most likely to be successful in the evaluation process. The short-listed proposers may then be scheduled for interviews with the evaluation panel. The evaluation panel will determine a consensus score for each evaluation criterion, which will then be added together to determine a total consensus score for each proposal.

B. Evaluation Criteria

The evaluation panel will review the information submitted in the proposals to address the requirements listed in the corresponding tabs of Section III (B). All responsive and responsible proposals will be evaluated based on the following criteria. This is a best-value-to-the-City procurement. 1. Qualifications and Experience (0-350 points)

Number of years and type of manufacturing experience Number of years and type of experience repurposing palm fronds or similar

materials Number of years and type of experience repurposing palm fronds or similar

materials using the proposed technology or manufacturing process

2. Business Plan (0-250 points) Viability of proposed project Financing capacity Project budget, including pro forma Project timeline

3. Financial Return and Benefits to the City (0-250 points) Impact on City’s cost to transport and landfill palm fronds Other tangible public benefits Reasonableness of requested City assistance, if any



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4. Proposed Technology or Manufacturing Process (0-150 points)

Proposed reuse for palm fronds Volume of City palm fronds to be processed Proposed technology for processing palm fronds Operations plan

SECTION V – GENERAL TERMS AND CONDITIONS OF THE PROPOSAL A. Transparency Policy

Beginning on the date this RFP is issued and until the date the contract is awarded or this RFP is withdrawn, all persons or entities that respond to this RFP, including their employees, agents, representatives, proposed partners, subcontractors, joint venturers, members, or any of their lobbyists and attorneys (collectively for this Section V (A) only, the proposer), will refrain from any direct or indirect contact with any person (other than the designated procurement 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 this RFP is not discussed, proposers may continue to conduct business with the City and discuss business that is unrelated to this RFP. A proposer may discuss its proposal or this RFP with the Mayor and/or one or more members of the Phoenix City Council, provided such meetings are scheduled through the Procurement Officer identified on page 1, conducted in person at 200 West Washington, Phoenix, Arizona 85003, and are posted as open meetings with the City Clerk at least 24 hours prior to the scheduled meetings. The City Clerk will be responsible for posting the meetings. The posted notice shall identify the participants and the subject matter, as well as invite the public to participate. With respect to the selection of the successful 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 Heads (or representatives) to the proposal evaluation panel or procurement 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 shall be disqualified.



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B. Materials Submitted

All materials submitted by proposers shall become the property of the City and become a matter of public record available for review pursuant to Arizona law. Each proposer shall mark any information submitted as part of its proposal that the proposer deems confidential or proprietary (collectively Confidential Information). If the City receives a request to review or disclose such Confidential Information, the City will provide the proposer written notice of the request to allow the proposer the opportunity to obtain a court order to prevent the disclosure or review of such Confidential Information. The proposer must obtain and deliver to the Procurement Officer a court order within 7 calendar days of the date of the City’s written notice. If no court order is issued and received by the Procurement Officer within the 7-day period, the City may disclose or allow the review of such Confidential Information. If a proposer intends to seek a Court Order to shield its Confidential Information, the protest period will be extended 7 calendar days to allow for this process.

C. Award Recommendation

Award recommendations will be posted at phoenix.gov/finance/business-opportunities/bid-awards-and-recommendations. On the day the City posts the award recommendation, the procurement file for this RFP will be available for proposers and the public to review. The procurement file constitutes all proposals, the RFP and all addenda, advertising documents, agendas, meeting minutes, presentations (if any), signed conflict of interest statements by evaluation panel members, and evaluation panel consensus scoring.

D. Negotiations Upon receipt of an evaluation panel’s recommendation, the City will appoint a negotiations team who may negotiate business terms with a proposer. The commencement of negotiations does not commit the City to accept all of the terms of the proposal and negotiations may be terminated by the City at any time. These negotiations may result in minor or material changes to the proposal. Successful negotiations will result in an award recommendation to the City Council and a “Letter of Intent” stating the City’s intent to enter into a contract with the recommended proposer on specified business terms. Negotiated business terms will be subject to City Council approval. Following required approvals, City-drafted contracts addressing business terms and performance benchmarks will be entered into between the parties.

The City reserves the right to reject, in whole or in part, any or all proposals. The terms and conditions of any contract resulting from this RFP process are subject to approval by the Phoenix City Council.



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E. City’s Reservation of Rights

The City reserves the right to take any course of action the City deems appropriate at the City's sole and absolute discretion, which may include: 1. Waiving any defects or informalities in any proposal or proposing procedure; 2. Accepting or rejecting any or all proposals or any part of any or all proposals; 3. Canceling the RFP in part or in its entirety; 4. Reissuing the RFP with or without modification; 5. Negotiating with any qualified developer; 6. Extending the deadline for proposals; and/or 7. Requesting additional information from any or all proposers.

F. Right to Disqualify

The City reserves the right to disqualify any proposer who fails to provide information or data requested herein or who provides materially inaccurate or misleading information or data. The City reserves the right to disqualify any proposer on the basis of any real or apparent conflict of interest that is disclosed by the proposals submitted or any other data available to the City. This disqualification is at the sole discretion of the City. By submission of a proposal hereunder, the proposer waives any right to object now or at any future time, before any body or agency, including but not limited to, the City Council or any court, as to the exercise by the City of such right to disqualify or as to any disqualification by reason of real or apparent conflict of interest determined by the City.

G. Preparation Costs

Under no circumstance will the City be responsible for any costs incurred by anyone in: 1) responding to this RFP; 2) in any subsequent follow up to the proposal; or 3) in any subsequent negotiations of a contract.

H. Additional Investigations

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

I. Proposer Certification and Affidavit

By submitting a proposal, each proposer certifies it has not paid or agreed to pay any fee or commission, or any other item of value contingent on the award of a contract to any employee, official or current contracting consultant of the City. Any proposer unable to comply with any required certifications may be disqualified.



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In compliance with A.R.S. §§ 1-501 and -502, the City shall require any successful proposer that submits its proposal as a sole proprietorship or as an individual to complete the Affidavit of Lawful Presence prior to the award of any contract resulting from this process.

J. Covenant Against Contingent Fees Paid to Proposer

By submitting a proposal, the proposer and each member of the development team certifies that they have not employed nor retained any person or company, other than a member of the development team or a bona fide employee working solely for the proposer or any member of the development team, to solicit or secure the contract described in this RFP, and that no agreement has been made to pay the proposer or any member of its development team any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or execution of such contract. For breach or violation of this certification, the City shall have the right to annul any contract entered into with a proposer as result of this RFP without liability, or in its discretion to deduct the contract price or consideration, or otherwise, recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

K. No Gratuities

Proposers shall not offer any gratuities, favors, or anything of monetary value to any official or employee of the City or its advisors for the purposes of influencing this selection. Any attempt to influence the selection process by any means, other than disclosure of qualifications and credentials through the proper channels, shall be grounds for exclusion from the selection process.

L. Protests

A proposer that submits a proposal that is disqualified may challenge the disqualification by filing a protest within 7 calendar days of the date the City emails the notice of disqualification. An unsuccessful proposer may challenge an award recommendation by filing a protest within 7 calendar days after the award recommendation has been posted at phoenix.gov/finance/business-opportunities/bid-awards-and-recommendations. Proposers that have had their proposals disqualified may not protest an award recommendation. All protests must be in writing, filed with the Procurement Officer listed on page 1, and include all of the following:

1. Name and number of the RFP challenged; 2. Name, address and telephone number of the protester; 3. Detailed statement of the legal and factual grounds of the protest including



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copies of relevant documents; 4. Form of relief requested; and 5. The signature of the protester or its legal representative.

The PWD Director, or the Director’s designee, will not review any supplements or amendments to a proposer’s original protest or any additional protests submitted by the same proposer. The PWD Director, or the Director’s designee, will issue a written decision within a reasonable period of the protest filing. The Procurement Officer may provide copies of the protest and the written decision to the proposer recommended for contract award.

SECTION VI – STANDARD CONTRACT PROVISIONS The submission of a proposal in response to this RFP constitutes the agreement of the proposer that any contract resulting from this RFP will be prepared by the City. The submission of a proposal shall further constitute the agreement of the proposer that it will not insist on the use of standard contract agreements, documents or forms, and that they waive any demand for the use of their standard contracts. Pursuant to the City Charter, the language of the contract to be executed will be drafted under the supervision of the City Attorney and shall be the controlling document. A. Indemnification

The successful proposer(s) shall 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 proposer or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of such contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by proposer from and against any and all claims. It is agreed that proposer will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Incorporated into any contract that is entered into with the City will be the requirement that the proposer, at its sole cost and expense, shall and does hereby indemnify, defend and hold the City harmless from and against any challenge, whether administrative, judicial or otherwise, by any person or entity, to the City's execution or performance under said contract, which indemnification shall survive the expiration or earlier termination of said contract.



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B. Insurance Requirements

The successful proposer(s) shall procure and maintain until all of their obligations have been discharged, including any warranty periods under the future contracts are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the proposer, its agents, representatives, employees or subcontractors. Insurance requirement will be outlined within the contract that result from the selection of a successful proposal.

C. 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, proposer agrees by submitting this proposal that:

1. Proposer and each subcontractor it uses warrants their compliance with all

federal immigration laws and regulations that relate to their employees and their compliance with § 23-214 (A).

2. A breach of a warranty under paragraph 1 shall be deemed a material breach of the contract and is subject to penalties up to and including termination of the contract.

3. The City retains the legal right to inspect the papers of the proposer or

subcontractor employee(s) who work(s) on this contract to ensure that contractor or subcontractor is complying with the warranty under paragraph 1.

D. Applicable Law

Any and all disputes arising under any contract to be negotiated hereunder or out of the proposals herein called for shall be governed according to the laws of the State of Arizona, and the proposer shall agree that the venue for any such action brought to enforce provisions of the contract shall be in the State of Arizona.

E. Organization Employment Disclaimer

Any contract entered into as the result of this RFP will not constitute, create, give rise to or otherwise recognize an agreement or relationship, partnership or formal business organization of any kind between the City and the proposer as contractor, and the rights and obligations of the parties shall only be those expressly set forth therein. The recommended proposer will be required to agree as part of any contract entered into as the result hereof, that no person supplied by it in the performance of the contract is an employee of the City, and further agree that no rights of the City’s Civil Service, Retirement or Personnel Rules accrue to any such persons. Any contracting party shall have the total responsibility for all salaries, wages, bonuses, retirement,



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withholdings, workmen’s compensation and occupational disease compensation insurance unemployment compensation, other benefits and taxes and premiums appurtenant thereto concerning such persons provided by such party in the performance of the contract, and shall save and hold the City harmless with respect thereto.


Attachment A RFP 16-SWD-010

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AFFIDAVIT Assurances The undersigned proposer hereby submits to the City of Phoenix (City) the enclosed proposal based upon all terms and conditions set forth in the City’s Request for Proposals (RFP) and referenced materials. Proposer further specifically agrees hereby to provide services in the manner set forth in the proposal submitted by the proposer. The undersigned proposer acknowledges and states, under penalty of perjury, as follows: 1. The City is relying on proposer’s submitted information and the representation that proposer

has the capability to successfully undertake and complete the responsibilities and obligations submitted in its proposal and in the resulting contract.

2. The City has the right to make any further inquiry it deems appropriate to substantiate or

supplement information supplied by proposer.

3. Proposer has read and fully understands all the provisions and conditions set forth in the RFP documents, upon which its proposal is based.

4. The forms and information requested in the RFP are complete and made part of the proposal. The City is not responsible for any proposer errors or omissions.

5. This proposal may be withdrawn by requesting such withdrawal in writing at any time prior to

the proposal deadline but may not be withdrawn after such date and time.

6. The City reserves the right to reject any and all proposals and to accept the proposal that, in its judgment, will provide the best quality development to the City.

7. This proposal is valid for a minimum of 120 days after the RFP proposal deadline.

8. All costs incurred by proposer in connection with this proposal shall be borne solely by

proposer. Under no circumstances shall the City be responsible for any costs associated with proposer’s proposal or the RFP process.

9. Proposer has not in any manner, directly or indirectly, conspired with any person or party to

unfairly compete or compromise the competitive nature of the RFP process.

10. The contents of this proposal have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this proposal.

11. To the best of the proposer’s knowledge, the information provided in its proposal is true and

correct and neither the undersigned proposer nor any partner, corporate officer or managing employee have ever been convicted of a felony or a crime involving moral turpitude.



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Legal Status 1. Proposer intends to operate the business as (check one):

Corporation* ( ) Non-Profit 501(c)(3) ( ) Government Entity ( ) Partnership* ( ) Limited Liability Corporation* ( ) Sole Proprietorship ( ) Other (Please describe: ) ( ) * Identify the members, if LLC, partners, if a partnership, or officers, if a corporation, of the proposer (add lines as needed). ______________________________________________ For the purpose of this RFP, addenda and exhibits, any questions regarding the principals are referring to the officers, partners and members as disclosed.

2. In the past 10 years, have you personally, or any business with which you have been involved, been declared bankrupt, filed a petition in any bankruptcy court, filed for protection from creditors in bankruptcy court, or had involuntary proceedings filed in bankruptcy court? If "Yes," provide date, court jurisdiction, case name, case number, amount of liabilities, amount of assets and the status of each occurrence. Yes ( ) No ( )

3. Has the proposer or any of its principals or its principal's affiliates been declared to be in

default under any obligation to or contract with the City? If "Yes," please provide details concerning the nature of the default, including the City contract number. Yes ( ) No( )

4. Are there any pending liens, claims or litigation in excess of $500,000 involving proposer, or

any corporation or other entity that has, directly or indirectly, a controlling interest in the proposer, or any subsidiary of the proposer or other entity in which the proposer has a controlling interest or any of the proposer’s principals, officers, or directors? If "Yes," provide detailed information regarding complaints. Yes ( ) No ( )

5. Has the proposer, or any corporation or other entity that has, directly or indirectly, a controlling

interest in the proposer, or any subsidiary of the proposer or other entity in which the proposer has a controlling interest or any of the proposer’s principals, officers, or directors, been involved in any lawsuits in the past 10 years? If "Yes," provide list.

Yes ( ) No ( ) 6. Has the proposer’s or any of its principals or its principals’ affiliate’s contracts been terminated

prior to their expiration terms, voluntarily or involuntarily, within the last 10 years? If "Yes," provide name, location, and date of the contract(s). Yes ( ) No ( )

7. Has the proposer, or any corporation or other entity that has, directly or indirectly, a controlling

interest in the proposer, or any subsidiary of the proposer or other entity in which the proposer has a controlling interest or any of the proposer’s principals, officers, or directors ever been barred from bidding on federal, state, or local government contracts? If "Yes," provide the



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current status of such suspension or debarment proceedings. Yes ( ) No ( )

Signature(s) Proposer’s Contracting Entity (Legal Name1): 1The successful proposer must be authorized to transact business in Arizona and be in good standing prior to contract award.

Printed Name of Authorized Representative*:

Title:

Business Mailing Address:

Telephone and Email Address: Signature:

*Proposal must be signed by an individual authorized to contractually bind the proposer. Name of Joint Venture Partner (if applicable):

Printed Name of Authorized Representative*:

Title:

Business Mailing Address:

Telephone and Email Address: Signature:

*Proposal must be signed by an individual authorized to contractually bind the joint venture partner. NOTARIZED Signed and sworn before me this , day of , Notary Signature: My Commission Expires: Affix Seal


RFP 16-SWD-010 - Attachment B

Page 1 of 1

PROPOSED BUSINESS TERMS

Proposer Name: _______________________________

I. Site Size and Rent

Each proposer should list the all-inclusive total square footage required for its proposed operations, including any buildings, storage, operations areas, drop off areas, and parking.

Square Footage Needed (A)

Annual Rent Per Square Foot (B)

Total Annual Rent (A multiplied by B)

$0.18 (do not change) $

II. Palm Fronds Volume and Fees Each proposer must list the volume of palm fronds, in tons, it plans to process at the Site. Minimum: __________ and Maximum: ___________ (tons per year) Each proposer must check the box for the option it is proposing and list the fee to be paid or charged per ton of palm fronds the proposer receives from the City.

Option 1 – Proposer pays City for palm fronds Proposer will pay the City $_____ per ton of palm fronds it receives from the City.

Option 2 – No payment or charge for palm fronds Proposer will not pay the City and will not charge the City for palm fronds it receives from the City. Option 3 – Proposer charges City for palm fronds Proposer will charge the City $_____ per ton of palm fronds it receives from the City.

P16-SWD-010 - Palm Fronds Diversion - City of Phoenix Home 16... · REQUEST FOR PROPOSALS (RFP) Palm Fronds Diversion RFP 16-SWD-010 (AS) Schedule ACTIVITY (All times are local Phoenix

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