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					                      CITY OF PHOENIX
                     Procurement Division

                     INVITATION FOR BID
                        IFB 13-010 (AP)


CUSTODIAL SERVICES AVIATION DEPARTMENT OUTLYING FACILITIES -
                 REQUIREMENTS CONTRACT




                      CONTACT PERSON
                        Adriana Phillips
                     Procurement Manager
                         602-495-0761
                 adriana.phillips@phoenix.gov
                                                                                     CITY OF PHOENIX
                                                                                    Procurement Division
                                                                                  251 W. Washington Street
                                TABLE OF CONTENTS                                         8th Floor
                                                                                     Phoenix, AZ 85003
                                                                                    Phone: (602) 262-7181




Instructions                                                                        Section I
        Solicitation Response Checklist
        Introduction
        Schedule of Events
        Obtaining a Copy of the Solicitation and Addenda
        Preparation of Bid
        Addenda
        Licenses
        Certification
        Submission of Bid
        Withdrawal of Offer
        Bid Results
        Award of Contract
        City’s Right to Disqualify for Conflict of Interest
        Offeror’s Compliance with Health, Environmental and Safety Requirements
        Solicitation Transparency Policy
        Protest and Appeals Process


Standard Terms and Conditions                                                       Section II
        Definition of Key Words Used in the Solicitation
        Contract Interpretation
        Contract Administration and Operation
        Costs and Payments
        Contract Changes
        Risk of Loss and Liability
        Warranties
        City’s Contractual Rights
        Contract Termination


Special Terms and Conditions                                                        Section III


Scope                                                                               Section IV


Submittals                                                                          Section V


Attachments                                                                         Section VI




                          Solicitation No. IFB 13-010 (AP)                               Page 2 of 75
                                                                                          CITY OF PHOENIX
                                                                                         Procurement Division
                                                                                       251 W. Washington Street
                          SECTION I - INSTRUCTIONS                                             8th Floor
                                                                                          Phoenix, AZ 85003
                                                                                         Phone: (602) 262-7181



 Please read this before continuing on to the bid document.
                        SOLICITATION RESPONSE CHECK LIST



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

□       1. All forms have been signed. All of Section V, Submittals, is included.

□       2. The prices offered have been reviewed.

□       3. The price extensions and totals have been checked.

□       4. Any required drawings or descriptive literature have been included.

□       5. The delivery information block has been completed.

□       6. If required, the amount of the bid surety has been checked and the surety has been included.

□       7. Review the insurance requirements, if any, to assure you are in compliance.

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

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

□       10. The mailing envelope has been addressed to:
            City of Phoenix, Procurement, 8th Floor, 251 W. Washington Street, Phoenix, AZ 85003.

            The mailing envelope clearly shows:
            Your company name and address, the solicitation number, and the bid opening date.

□       11. The response will be mailed in time to be received no later than 2:00 p.m. local Arizona time.




                         Solicitation No. IFB 13-010 (AP)                                       Page 3 of 75
                                                                                         CITY OF PHOENIX
                                                                                        Procurement Division
                                                                                      251 W. Washington Street
                       SECTION I - INSTRUCTIONS                                               8th Floor
                                                                                         Phoenix, AZ 85003
                                                                                        Phone: (602) 262-7181

1.   INTRODUCTION
     The City of Phoenix invites sealed bids for Custodial Services Aviation Department Outlying
     Facilities for a two (2)-year period commencing on or about December 1, 2012, in accordance with the
     specifications and provisions contained herein.

     This solicitation is available in large print, Braille, audio tape, or computer diskette. Please call
     (602) 262-7181/Fax (602) 534-1933 or TTY (602) 534-5500 for assistance.

2.   SCHEDULE OF EVENTS
          Bid Due Date:                        Friday, July 27, 2012 at 2:00 p.m.
                                               Local Arizona Time

             Bid Submittal Location:           Calvin Goode Building
                                               City of Phoenix Finance Department
                                               Procurement Division
                                               251 W. Washington Street, 8th Floor
                                               Phoenix, AZ 85003

             MANDATORY
             Pre-bid Conference Date:          Wednesday, July 11, 2012 at 9:00 a.m.
                                               Local Arizona Time

             Pre-bid Location:                 Facilities & Services Complex
                                               A & B Conference Rooms.
                                               2515 E. Buckeye Rd.
                                               Phoenix, AZ 85003

             MANDATORY
             Site Inspection Date:             Wednesday, July 11, 2012
                                               Immediately following the pre-bid conference

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

3.   OBTAINING A COPY OF THE SOLICITATION AND ADDENDA
     Interested     offerors   may     download      the   complete     solicitation  and    addenda      from
     http://phoenix.gov/business/contract/opportunities/goods/finnumb/index.html. Internet access is available
     at all public libraries. Any interested offerors without Internet access may obtain this solicitation by
     calling (602) 262-7181 or picking up a copy during regular business hours at the City of Phoenix
     Finance Department, Procurement Division, 251 W. Washington Street, 8th Floor, Phoenix, AZ.

4.   PREPARATION OF BID
     4.1  All forms provided in Section V, Submittal, must be completed and submitted with your bid. It is
          permissible to copy Section V forms if necessary. Erasures, interlineations, or other
          modifications of your bid shall be initialed in original ink by the authorized person signing the
          bid. No bid shall be altered, amended or withdrawn after the specified bid due time and date.
          The City is not responsible for offeror’s errors or omissions. All time periods stated as a
          number of days shall be calendar days.

             Any submission of an alternate term or condition to Sections I, II or III with your offer may result
             in rejection of your bid. This solicitation is deemed to be thorough and complete as to the city’s
             needs.


                      Solicitation No. IFB 13-010 (AP)                                         Page 4 of 75
                                                                                         CITY OF PHOENIX
                                                                                        Procurement Division
                                                                                      251 W. Washington Street
                       SECTION I - INSTRUCTIONS                                               8th Floor
                                                                                         Phoenix, AZ 85003
                                                                                        Phone: (602) 262-7181

     4.2     It is the responsibility of all offerors to examine the entire solicitation and seek clarification of
             any requirement that may not be clear and to check all responses for accuracy before
             submitting a bid. Negligence in preparing a bid confers no right of withdrawal after due date
             and time. Offerors are strongly encouraged to:

             A.      Consider applicable laws and/or economic conditions that may affect cost, progress,
                     performance, or furnishing of the products or services.
             B.      Study and carefully correlate Offeror’s knowledge and observations with the IFB
                     document and other related data.
             C.      Promptly notify the City of all conflicts, errors, ambiguities, or discrepancies which an
                     Offeror has discovered in or between the IFB document and such other related
                     documents.

     4.3     The City does not reimburse the cost of developing, presenting or providing any response to
             this solicitation.  Offers submitted for consideration should be prepared simply and
             economically, providing adequate information in a straightforward and concise manner. The
             Offeror is responsible for all costs incurred in responding to this solicitation. All materials and
             documents submitted in response to this solicitation become the property of the City and will
             not be returned.

     4.4     Offerors are reminded that the specifications stated in the solicitation are the minimum level
             required and that bids submitted must be for products or services that meet or exceed the
             minimum level of all features specifically listed in this solicitation. Bids offering less than the
             minimums specified are not responsive and should not be submitted.

     4.5     Bid responses submitted for products considered by the seller to be acceptable alternates to
             the brand names or manufacturer’s catalog references specified herein must be submitted with
             technical literature and/or detailed product brochures for the City’s use to evaluate the products
             offered. Bids submitted without this product information may be considered as non-responsive
             and rejected. The City will be the sole judge as to the acceptability of alternate products
             offered.

     4.6     If provisions of the detailed specifications preclude an otherwise qualified offeror from
             submitting a bid, a written request for modification must be received by the Deputy Finance
             Director at least seven (7) calendar days prior to the bid opening. The City may issue an
             addendum to this solicitation of any approved specification changes.

     4.7     Prices shall be submitted on a per unit basis by line item, when applicable. In the event of a
             disparity between the unit price and extended price, the unit price shall prevail unless obviously
             in error.

     4.8     Prices offered shall not include applicable state and local taxes. The city will pay all applicable
             taxes. For the purposes of determining the lowest cost, the city will not take the tax into
             consideration. Taxes must be listed as a separate item on all invoices.

5.   ADDENDA
     The City of Phoenix shall not be responsible for any oral instructions made by any employees or
     officers of the City of Phoenix in regard to the bidding instructions, plans, drawings, specifications, or
     contract documents. Any changes to the plans, drawings and specifications will be in the form of an
     addendum,                 which               will             be                available              at
     http://phoenix.gov/business/contract/opportunities/goods/finnumb/index.html or by calling (602) 262-7181.
     The offeror shall acknowledge receipt of an addendum by signing and returning the document with the
     bid submittal.

                      Solicitation No. IFB 13-010 (AP)                                          Page 5 of 75
                                                                                         CITY OF PHOENIX
                                                                                        Procurement Division
                                                                                      251 W. Washington Street
                        SECTION I - INSTRUCTIONS                                              8th Floor
                                                                                         Phoenix, AZ 85003
                                                                                        Phone: (602) 262-7181

6.    LICENSES
      If required by law for the operation of the business or work related to this Bid, Offeror must possess all
      valid certifications and/or licenses as required by federal, state or local laws at the time of submittal.

7.    CERTIFICATION
      By signature in the offer section of the Offer and Acceptance page, offeror certifies:

      •       The submission of the offer did not involve collusion or other anti-competitive practices.
      •       The offeror shall not discriminate against any employee, or applicant for employment in
              violation of Federal or State Law.
      •       The offeror has not given, offered to give, nor intends to give at any time hereafter, any
              economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or
              service to a public servant in connection with the submitted offer.

8.    SUBMISSION OF BID
      Bids must be in the actual possession of the Procurement Division on or prior to the exact time and
      date indicated in the Schedule of Events. Late bids shall not be considered. The prevailing clock shall
      be the City Finance Department, Procurement Division’s clock.

      Bids must be submitted in a sealed envelope and the following information should be noted on the
      outside of the envelope:

      Offeror’s Name
      Offeror’s Address (as shown on the Certification Page)
      IFB Number
      IFB Title

      All bids must be completed in ink or typewritten. Include the number of copies indicated in the Submittal
      section.

9.    WITHDRAWAL OF OFFER
      At any time prior to the solicitation due date and time, a offeror (or designated representative) may
      withdraw the bid by submitting a request in writing and signed by a duly authorized representative.
      Facsimiles, telegraphic or mailgram withdrawals shall not be considered.

10.   BID RESULTS
      Bids will be opened on the bid due date, time and location indicated in the Schedule of Events at which
      time the name of each offeror and the prices shall be read. Bids and other information received in
      response to the Invitation for Bid shall be shown only to authorized City personnel having a legitimate
      interest in them or persons assisting the City in the evaluation. Bids are not available for public
      inspection until after award recommendation has been posted on the City’s website.

      A preliminary bid tabulation will be posted on the Procurement Division’s website,
      http://phoenix.gov/business/contract/opportunities/goods/fintabsnumb/index.html within five (5) calendar
      days of the bid opening. The information on the preliminary tabulation will be posted as it was read
      during the bid opening. The City makes no guarantee as to the accuracy of any information on the
      preliminary tabulation. Once the City has evaluated the bids an award recommendation will be posted
      on the website. No further notification will be provided to unsuccessful offerors.




                       Solicitation No. IFB 13-010 (AP)                                        Page 6 of 75
                                                                                           CITY OF PHOENIX
                                                                                          Procurement Division
                                                                                        251 W. Washington Street
                         SECTION I - INSTRUCTIONS                                               8th Floor
                                                                                           Phoenix, AZ 85003
                                                                                          Phone: (602) 262-7181

11.   AWARD OF CONTRACT
      Unless otherwise indicated, award(s) will be made to the lowest responsive, responsible offeror(s) who
      are regularly established in the service contained in this solicitation and who have demonstrated the
      ability to perform the required service in an acceptable manner. Factors that will be considered by the
      City include:

      •       Technical capability of the Offeror to accomplish the scope of work required in the Solicitation.
              This includes performance history on past and current government or industrial contracts.
      •       Demonstrated availability of the necessary manpower (both supervisory and operational
              personnel) and necessary equipment to accomplish the scope of work in the Solicitation.
      •       Safety record.

      Notwithstanding any other provision of this solicitation, the City reserves the right to: (1) waive any
      immaterial defect or informality; or (2) reject any or all bids or portions thereof; or (3) reissue a
      solicitation.

      A response to a solicitation is an offer to contract with the City based upon the terms, conditions, and
      specifications contained in the City’s solicitation. Bids do not become contracts until they are executed
      by the Deputy Finance Director. A contract has its inception in the award, eliminating a formal signing
      of a separate contract. For that reason, all of the terms, conditions and specifications of the
      procurement contract are contained in the solicitation, unless any of the terms, conditions, or
      specifications are modified by an addendum or contract amendment.

12.   CITY’S RIGHT TO DISQUALIFY FOR CONFLICT OF INTEREST
      The City reserves the right to disqualify any offeror on the basis of any real or apparent conflict of
      interest that is disclosed by the bid submitted or any other data available to the City. This
      disqualification is at the sole discretion of the City. Any offeror submitting a bid herein waives any right
      to object now or at any future time, before any body or agency, including but not limited to, the City
      Council of the City of Phoenix or any court.

13.   OFFEROR’S COMPLIANCE WITH HEALTH, ENVIRONMENTAL AND SAFETY REQUIREMENTS
      The Offeror’s products, services and facilities shall be in full compliance with all applicable Federal,
      State and local health, environmental and safety laws, regulations, standards, codes and ordinances,
      regardless of whether or not they are referred to by the City.

      At the request of the City representatives, the offeror shall provide the City:

          •   Environmental, safety and health regulatory compliance documents (written safety programs,
              training and records, permits, etc.) applicable to services requested.
          •   A list of all Federal, State and local citations or notice of violations (including but not limited to
              EPA, OSHA, Maricopa County) issued against the Offeror or their subcontractors including
              dates, disposition and resolutions.

      The City further reserves the right to make unannounced inspections of the Offeror’s facilities (during
      normal business hours).




                        Solicitation No. IFB 13-010 (AP)                                         Page 7 of 75
                                                                                            CITY OF PHOENIX
                                                                                           Procurement Division
                                                                                         251 W. Washington Street
                         SECTION I - INSTRUCTIONS                                                8th Floor
                                                                                            Phoenix, AZ 85003
                                                                                           Phone: (602) 262-7181

14.   SOLICITATION TRANSPARENCY POLICY
      Beginning on the date the solicitation is issued and until the date the contract is awarded or the
      solicitation withdrawn, all persons or entities that respond to the solicitation for the Custodial Services,
      including their employees, agents, representatives, proposed partner(s), subcontractor(s), joint
      venturer(s), member(s), or any of their lobbyists or attorneys, (collectively, the Offerors 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 the solicitation is not discussed, Offerors may continue to conduct
      business with the City and discuss business that is unrelated to the solicitation with the City staff who
      are not involved in the selection process

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

      With respect to the selection of the successful Offerors, the City Manager and/or City Manager's Office
      will continue the past practice of exerting no undue influence on the process. In all solicitations of bids
      and proposals, any direction on the selection from the City Manager and/or City Manager's Office and
      Department Head (or representative) to the proposal review panel or selecting authority must be
      provided in writing to all prospective offerors.

      This policy is intended to create a level playing field for all Offerors, assure that contracts are awarded
      in public, and protect the integrity of the selection process. Offerors that violate this policy shall be
      disqualified.

15.   PROTEST AND APPEAL PROCESS
      Staff recommendations to award the contract(s) to a particular offeror or offerors shall be posted on the
      Procurement Division’s website
      http://phoenix.gov/business/contract/opportunities/goods/fintabsnumb/index.html . Any unsuccessful
      offeror may file a protest no later than 7 calendar days after the recommendation is posted on the
      website. All protests shall be in writing, filed with the Procurement Authority identified in the solicitation
      and include the following:

      •   Identification of the IFB or other solicitation number;
      •   The name, address and telephone number of the protester;
      •   A detailed statement describing the legal and factual grounds for the protest, including copies of
          relevant documents;
      •   The form of relief requested; and
      •   The signature of the protester or its authorized representative.

      The Procurement Authority will render a written decision within 14 calendar days after the protest is
      filed. The City will not request City Council authorization to award the contract until the protest process
      is completed.




                        Solicitation No. IFB 13-010 (AP)                                          Page 8 of 75
                                                                                        CITY OF PHOENIX
                                                                                       Procurement Division
                                                                                     251 W. Washington Street
      SECTION II - STANDARD TERMS AND CONDITIONS                                             8th Floor
                                                                                        Phoenix, AZ 85003
                                                                                       Phone: (602) 262-7181

1.   DEFINITION OF KEY WORDS USED IN THE SOLICITATION

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

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

     May: Indicates something that is not mandatory but permissible.

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

     “A.R.S.”                           Arizona Revised Statute

     “Offeror”                          Any person or firm submitting a competitive bid in response to a
                                        solicitation such as an Invitation for Bid (IFB) or Request for Quotation
                                        (RFQ).

     “Broker, Packager,              A firm that is not a manufacturer or regular dealer as defined
     Manufacturer’s Representative, herein and whose role is limited to that of an extra participant in
     Jobber”                         a transaction, contract or project through which fund are passed
                                 in order to obtain services, materials, equipment or product.

     “Buyer”                            City of Phoenix, City Procurement Division staff person responsible for
                                        the solicitation.

     “CBP”                              U.S. Customs and Border Control.

     "City"                             The City of Phoenix

     "Contractor"                       The individual, partnership, or corporation who, as a result of the
                                        competitive process, is awarded a contract by the City of Phoenix.

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

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

     “Days”                             Means calendar days unless otherwise specified.

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

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


                       Solicitation No. IFB 13-010 (AP)                                       Page 9 of 75
                                                                                         CITY OF PHOENIX
                                                                                        Procurement Division
                                                                                      251 W. Washington Street
       SECTION II - STANDARD TERMS AND CONDITIONS                                             8th Floor
                                                                                         Phoenix, AZ 85003
                                                                                        Phone: (602) 262-7181

     “EPA”                              Environmental Protection Agency

     “FIFRA”                           Federal Insecticide, Fungicide and Rodenticide Act

     “FIS”                             Federal Inspection Services.

     “Manufacturer”                    A firm that operates or maintains a factory or establishment that
                                       produces on the premises, the materials, supplies, articles or
                                       equipment required under the contract.

     “Offer”                            Means bid or quotation.

     “Regular Dealer”                  A firm that owns, operates, or maintains a store, warehouse, or other
                                       establishment in which the materials, supplies, articles or equipment of
                                       the general character described by the specifications are bought, kept in
                                       stock, and regularly sold or leased to the public in the usual course of
                                       business. An established, regular business that engages, as its principal
                                       business and under its own name, in the purchase and sale or lease of
                                       the products in question.

     “Solicitation”                    Means an Invitation for Bid (IFB) or Request for Quote (RFQ).

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

     “Vendor”                           A seller of goods or services.

2.   CONTRACT INTERPRETATION

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

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

     2.3       CONTRACT ORDER OF PRECEDENCE: In the event of a conflict in the provisions of the
               Contract, as accepted by the City and as they may be amended, the following shall prevail in the
               order set forth below:

               A.      Special terms and conditions
               B.      Standard terms and conditions
               C.      Statement or scope of work
               D.      Specifications
               E.      Attachments
               F.      Exhibits
               G.      Instructions to Offerors
               H.      Other documents referenced or included in the Invitation for Bid.


                        Solicitation No. IFB 13-010 (AP)                                      Page 10 of 75
                                                                                      CITY OF PHOENIX
                                                                                     Procurement Division
                                                                                   251 W. Washington Street
      SECTION II - STANDARD TERMS AND CONDITIONS                                           8th Floor
                                                                                      Phoenix, AZ 85003
                                                                                     Phone: (602) 262-7181

     2.4   ORGANIZATION – EMPLOYMENT DISCLAIMER: The Agreement resulting hereunder is not
           intended to constitute, create, give rise to or otherwise recognize a joint venture agreement or
           relationship, partnership or formal business organization of any kind, and the rights and
           obligations of the parties shall be only those expressly set forth in the agreement. The parties
           agree that no persons supplied by the Contractor in the performance of Contractor’s obligations
           under the agreement are considered to be City’s employees and that no rights of City civil
           service, retirement or personnel rules accrue to such persons. The Contractor shall have total
           responsibility for all salaries, wage bonuses, retirement, withholdings, workmen’s compensation,
           occupational disease compensation, unemployment compensation, other employee benefits and
           all taxes and premiums appurtenant thereto concerning such persons, and shall save and hold
           the City harmless with respect thereto.

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

     2.6   NON-WAIVER OF LIABILITY: The City of Phoenix as a public entity supported by tax monies, in
           execution of its public trust, cannot agree to waive any lawful or legitimate right to recover monies
           lawfully due it. Therefore, any Contractor agrees that it will not insist upon or demand any
           statement whereby the City agrees to limit in advance or waive any right the City might have to
           recover actual lawful damages in any court of law under applicable Arizona law.

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

3.   CONTRACT ADMINISTRATION AND OPERATION

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

     3.2   PUBLIC RECORD: All bids submitted in response to this invitation shall become the property of
           the City and become a matter of public record available for review pursuant to Arizona State law.

           If a offeror believes that a specific section of its bid response is confidential, the offeror shall
           isolate the pages marked confidential in a specific and clearly labeled section of its bid response.
           The offeror shall include a written statement as to the basis for considering the marked pages
           confidential including the specific harm or prejudice if disclosed and the City Procurement
           Division will review the material and make a determination.

     3.3   CONFIDENTIALITY AND DATA SECURITY: All data, regardless of form, including originals,
           images and reproductions, prepared by, obtained by, or transmitted to Contractor in connection
           with this agreement is confidential, proprietary information owned by the City. Except as
           specifically provided in this agreement, the Contractor shall not disclose data generated in the
           performance of the service to any third person without the prior written consent of the City
           Manager, or his/her designee.

                    Solicitation No. IFB 13-010 (AP)                                       Page 11 of 75
                                                                                 CITY OF PHOENIX
                                                                                Procurement Division
                                                                              251 W. Washington Street
 SECTION II - STANDARD TERMS AND CONDITIONS                                           8th Floor
                                                                                 Phoenix, AZ 85003
                                                                                Phone: (602) 262-7181

      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.

      In the event that data collected or obtained by the Contractor in connection with this agreement is
      believed to have been compromised, Contractor shall notify the City Privacy Officer immediately.
      Contractor agrees to reimburse the City for any costs incurred by the City to investigate potential
      breaches of this data and, where applicable, the cost of notifying individuals who may be
      impacted by the breach.

      Contractor agrees that the requirements of this section shall be incorporated into all subcontractor
      agreements entered into by the Contractor. It is further agreed that a violation of this section shall
      be deemed to cause irreparable harm justifies injunctive relief in court. A violation of this section
      may result in immediate termination of this agreement without notice.

      The obligations of Contractor under this section shall survive the termination of this agreement.

3.4   DISCRIMINATION PROHIBITED: Contractor agrees to abide by the provisions of the Phoenix
      City Code Chapter 18, Article V as amended.

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

      Supplier/lessee further agrees that this clause will be incorporated in all subcontracts, job-
      consultant agreements or subleases of this agreement entered into by supplier/lessee.

3.5   LICENSES AND PERMITS: Contractor shall keep current Federal, State, and local licenses and
      permits required for the operation of the business conducted by the Contractor as applicable to
      this contract.

3.6   ADVERTISING: Contractor shall not advertise or publish new releases concerning this contract
      without the prior written consent of the Deputy Finance Director, and the City shall not
      unreasonably withhold permission.




               Solicitation No. IFB 13-010 (AP)                                        Page 12 of 75
                                                                                     CITY OF PHOENIX
                                                                                    Procurement Division
                                                                                  251 W. Washington Street
 SECTION II - STANDARD TERMS AND CONDITIONS                                               8th Floor
                                                                                     Phoenix, AZ 85003
                                                                                    Phone: (602) 262-7181

3.7    EXCLUSIVE POSSESSION: All services, information, computer program elements, reports, and
       other deliverables which may be created under this contract are the sole property of the City of
       Phoenix and shall not be used or released by the Contractor or any other person except with prior
       written permission by the City.

3.8    OWNERSHIP OF INTELLECTUAL PROPERTY: Any and all intellectual property, including but
       not limited to copyright, invention, trademark, trade name, service mark, and/or trade secrets
       created or conceived pursuant to or as a result of this contract and any related subcontract
       (“Intellectual Property”), shall be considered work for hire and the City shall be considered the
       creator of such Intellectual Property. The agency, department, division, board or commission of
       the City requesting the issuance of this contract shall own (for and on behalf of the City) the entire
       right, title and interest to the Intellectual Property throughout the world. Contractor shall notify the
       City, within thirty (30) days, of the creation of any Intellectual Property by it or its subcontractor(s).
       Contractor, on behalf of itself and any subcontractor(s), agrees to execute any and all
       document(s) necessary to assure ownership of the Intellectual Property vests in the City and shall
       take no affirmative actions that might have the effect of vesting all or part of the Intellectual
       Property in any entity other than the City. The Intellectual Property shall not be disclosed by
       Contractor or its subcontractor(s) to any other entity without the express written authorization of
       the City. If by operation of law, the Intellectual Property is not owned in its entirety by the City
       automatically upon its creation, then Contractor agrees to assign and hereby assigns to the City
       the ownership of the Intellectual Property. The Contractor agrees to take such further action and
       execute and deliver such further agreements and other instruments as the City may reasonably
       request to give effect to this section 3.8.

       It is expressly agreed by Contractor that these covenants are irrevocable and perpetual.

3.9    HEALTH, ENVIRONMENTAL AND SAFETY REQUIREMENTS: The Contractor’s products,
       services and facilities shall be in full compliance with all applicable Federal, State and local
       health, environmental and safety laws, regulations, standards, codes and ordinances, regardless
       of whether or not they are referred to by the City.

       At the request of City representatives, the Contractor shall provide the City:

       •       Environmental, safety and health regulatory compliance documents (written safety
               programs, training records, permits, etc.) applicable to services provided by the
               Contractor in this contract
       •       A list of all federal, state, or local (EPA, OSHA, Maricopa County, etc.) citations or notice
               of violations issued against their firm or their subcontractors including dates, reasons,
               dispositions and resolutions.

       The City shall have the right, but not the obligation to inspect the facilities, transportation vehicles
       or vessels, containers and disposal facilities provided by the Contractor or subcontractor. The
       City shall also have the right to inspect operations conducted by the Contractor or subcontractor
       in the performance of this agreement. The City further reserves the right to make unannounced
       inspections of the Offeror’s facilities (during normal business hours).

3.10   COMPLIANCE WITH LAWS: Contractor agrees to fully observe and comply with all applicable
       Federal, State and local laws, regulations, standards, codes and ordinances when performing
       under this Contract regardless of whether or not they are referred to by the City. Contractor
       agrees to permit City inspection of Contractor’s business records, including personnel records to
       verify any such compliance.


                Solicitation No. IFB 13-010 (AP)                                           Page 13 of 75
                                                                                       CITY OF PHOENIX
                                                                                      Procurement Division
                                                                                    251 W. Washington Street
      SECTION II - STANDARD TERMS AND CONDITIONS                                            8th Floor
                                                                                       Phoenix, AZ 85003
                                                                                      Phone: (602) 262-7181

            Because the Contractor will be acting as an independent contractor, the City assumes no
            responsibility for the Contractor’s acts.

     3.11   LAWFUL PRESENCE REQUIREMENT: Pursuant to A.R.S. §§ 1-501 and -502, the City of
            Phoenix is prohibited from awarding a contract to any natural person who cannot established that
            he or she is lawfully present in the United States. In order to establish lawful presence, this
            person must produce qualifying identification and sign a City-provided affidavit affirming that the
            identification provided is genuine. This requirement will be imposed at the time of contract award.
            In the event the prevailing responder is unable to satisfy this requirement, the City will offer the
            award to the next-highest scoring responder. The law does not apply to fictitious entities such as
            corporations, partnerships and limited liability companies.

     3.12   IRAN AND SUDAN: Pursuant to A.R.S. §§ 35.391.06 and 35-393.06, contractor certifies that it
            does not have a scrutinized business operation, as defined in A.R.S. §§ 35.391 and 35-393, in
            either Iran or Sudan.

     3.13   CONTINUATION DURING DISPUTES: Contractor agrees that notwithstanding the existence of
            any dispute between the parties, insofar as is possible, under the terms of the contract, the
            Contractor shall continue to perform the obligations required of Contractor during the
            continuation of any such dispute unless enjoined or prohibited by an Arizona Court of competent
            jurisdiction.

     3.14   EMERGENCY PURCHASES: The City reserves the right to purchase from other sources those
            items which are required on an emergency basis and cannot be supplied immediately from stock
            by the Contractor.

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

4.   COSTS AND PAYMENTS

     4.1    PAYMENT TERMS: The City shall make every effort to process payment for the purchase of
            material or services within 30 calendar days after receipt of a correct invoice unless a good faith
            dispute exists to any obligation to pay all or a portion of the account. Payment terms are
            specified in the bid.

     4.2    PAYMENT DEDUCTION OFFSET PROVISION: Contractor acknowledges that the City Charter
            requires that no payment be made to any Contractor as long as there is an outstanding obligation
            due to the City. Contractor agrees that any obligation it owes to the City will be offset against any
            payment due to the Contractor from the City.

     4.3    LATE SUBMISSION OF CLAIM BY CONTRACTOR: The City will not honor any invoices or
            claims which are tendered one (1) year after the last item of the account accrued.

     4.4    DISCOUNTS: Payment discounts will be computed from the date of receiving acceptable
            products, materials and/or services or correct invoice, whichever is later to the date payment is
            mailed.



                     Solicitation No. IFB 13-010 (AP)                                       Page 14 of 75
                                                                                       CITY OF PHOENIX
                                                                                      Procurement Division
                                                                                    251 W. Washington Street
      SECTION II - STANDARD TERMS AND CONDITIONS                                            8th Floor
                                                                                       Phoenix, AZ 85003
                                                                                      Phone: (602) 262-7181

     4.5   NO ADVANCE PAYMENTS: Advance payments are not authorized. Payment will be made only
           for actual services or commodities that have been received.

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

     4.7   MAXIMUM PRICES: The City shall not be invoiced at prices higher than those stated in any
           contract resulting from this bid. Offeror certifies, by signing this bid that the prices offered are no
           higher than the lowest price the Offeror charges other buyers for similar quantities under similar
           conditions. Offeror further agrees that any reductions in the price of the goods or services
           covered by this bid and occurring after award will apply to the undelivered balance. The offeror
           shall promptly notify the City of such price reductions.

     4.8   F.O.B. POINT: All prices are to be quoted F.O.B. delivered, unless otherwise specified
           elsewhere in this solicitation.

5.   CONTRACT CHANGES

     5.1   CONTRACT AMENDMENTS: Contracts shall be modified only by a written contract amendment
           signed by the Deputy Finance Director and persons duly authorized to enter into contracts on
           behalf of the Contractor.

     5.2   ASSIGNMENT - DELEGATION: No right or interest in this contract nor monies due thereunder
           shall be assigned in whole or in part without written permission of the City, and no delegation of
           any duty of Contractor shall be made without prior written permission of the Deputy Finance
           Director, which may be withheld for good cause. Any assignment or delegation made in violation
           of this section shall be void.

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

     5.4   AUTHORIZED CHANGES: The City reserves the right at any time to make changes in any one
           or more of the following: (a) specifications; (b) methods of shipment or packing; (c) place of
           delivery; (d) time of delivery; and/or (e) quantities. If the change causes an increase or decrease
           in the cost of or the time required for performance, an equitable adjustment may be made in the
           price or delivery schedule, or both. Any claim for adjustment shall be deemed waived unless
           asserted in writing within thirty (30) days from the receipt of the change. Price increases or
           extensions of delivery time shall not be binding on the City unless evidenced in writing and
           approved by the Deputy Finance Director prior to the institution of the change.




                    Solicitation No. IFB 13-010 (AP)                                         Page 15 of 75
                                                                                         CITY OF PHOENIX
                                                                                        Procurement Division
                                                                                      251 W. Washington Street
      SECTION II - STANDARD TERMS AND CONDITIONS                                              8th Floor
                                                                                         Phoenix, AZ 85003
                                                                                        Phone: (602) 262-7181

6.   RISK OF LOSS AND LIABILITY

     6.1   TITLE AND RISK OF LOSS: The title and risk of loss of material or service shall not pass to the
           City until the City actually receives the material or service at the point of delivery; and such loss,
           injury, or destruction shall not release seller from any obligation hereunder.

     6.2   ACCEPTANCE: All material or service is subject to final inspection and acceptance by the City.
           Material or service failing to conform to the specifications of this contract shall be held at
           Contractor's risk and may be returned to the Contractor. If so returned, all costs are the
           responsibility of the Contractor. Noncompliance shall conform to the cancellation clause set forth
           in this document.

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

     6.4   INDEMNIFICATION – PATENT, COPYRIGHT AND TRADEMARK. The Contractor shall
           indemnify and hold harmless the City against any liability, including costs and expenses, for
           infringement of any patent, trademark or copyright or other proprietary rights of any third parties
           arising out of contract performance or use by the City of materials furnished or work performed
           under this contract.

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




                    Solicitation No. IFB 13-010 (AP)                                          Page 16 of 75
                                                                                     CITY OF PHOENIX
                                                                                    Procurement Division
                                                                                  251 W. Washington Street
      SECTION II - STANDARD TERMS AND CONDITIONS                                          8th Floor
                                                                                     Phoenix, AZ 85003
                                                                                    Phone: (602) 262-7181

     6.5   FORCE MAJEURE: Except for payment of sums due, neither party shall be liable to the other
           nor deemed in default under this contract if and to the extent that such party's performance of this
           contract is prevented by reason of force majeure. The term "force majeure" means an occurrence
           that is beyond the control of the party affected and occurs without its fault or negligence. Force
           majeure shall not include late performance by a subcontractor unless the delay arises out of a
           force majeure occurrence in accordance with this force majeure term and condition.

           If either party is delayed at any time in the progress of the work by force majeure, the delayed
           party shall notify the other party in writing of such delay, as soon as is practical, of the
           commencement thereof and shall specify the causes of such delay in such notice. Such notice
           shall be hand-delivered or mailed certified-return receipt and shall make a specific reference to
           this provision, thereby invoking its provisions. The delayed party shall cause such delay to cease
           as soon as practicable and shall notify the other party in writing when it has done so. The time of
           completion shall be extended by contract modification for a period of time equal to the time that
           results or effects of such delay prevent the delayed party from performing in accordance with this
           contract.

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

     6.7   DAMAGE TO CITY PROPERTY: Contractor shall perform all work so that no damage to the
           building or grounds results. Contractor shall repair any damage caused to the satisfaction of the
           City at no cost to the City.

           Contractor shall take care to avoid damage to adjacent finished materials that are to remain. If
           finished materials are damaged, Contractor shall repair and finish to match existing material as
           approved by the City at Contractor's expense.

7.   WARRANTIES

     7.1   GUARANTEE: Unless otherwise specified, all items shall be guaranteed for a minimum period of
           one (1) year from date of acceptance by the City against defects in material and workmanship. At
           any time during that period, if a defect should occur in any item that item shall be replaced or
           repaired by the Contractor at no obligation to the City except where it be shown that the defect
           was caused by misuse and not by faulty design.

     7.2   QUALITY: Contractor expressly warrants that all goods or services furnished under this contract
           shall conform to the specifications, appropriate standards, and will be new and free from defects
           in material or workmanship. Contractor warrants that all such goods or services will conform to
           any statements made on the containers or labels or advertisements for such goods, or services,
           and that any goods will be adequately contained, packaged, marked and labeled. Contractor
           warrants that all goods or services furnished hereunder will be merchantable, and will be safe and
           appropriate for the purpose which goods or services of that kind are normally used. If Contractor
           knows or has reason to know the particular purpose for which City intends to use the goods or
           services, Contractor warrants that goods or services furnished will conform in all respect to
           samples. Inspection, test, acceptance of use of the goods or services furnished hereunder shall
           not affect the Contractor’s obligation under this warranty, and such warranties shall survive
           inspection, test, acceptance and use. Contractor’s warranty shall run to City, its successors, and
           assigns.



                    Solicitation No. IFB 13-010 (AP)                                      Page 17 of 75
                                                                                      CITY OF PHOENIX
                                                                                     Procurement Division
                                                                                   251 W. Washington Street
      SECTION II - STANDARD TERMS AND CONDITIONS                                           8th Floor
                                                                                      Phoenix, AZ 85003
                                                                                     Phone: (602) 262-7181

     7.3   RESPONSIBILITY FOR CORRECTION: It is agreed that the Contractor shall be fully
           responsible for making any correction, replacement, or modification necessary for specification or
           legal compliance. In the event of any call back, Contractor agrees to give the City first priority.
           Contractor agrees that if the product or service offered does not comply with the foregoing, the
           City has the right to cancel the purchase at any time with full refund within 30 calendar days after
           notice of non-compliance and Contractor further agrees to be fully responsible for any
           consequential damages suffered by the City.

     7.4   LIENS: Contractor shall hold the City harmless from claimants supplying labor or materials to the
           Contractor or his subcontractors in the performance of the work required under this contract.
           Contractor shall provide written certification that all liens against materials and labor have been
           satisfied, before the City will make payment.

     7.5   QUALITY STANDARDS OF MATERIAL AND SERVICES: If desired by the City, items/services
           bid shall be subjected to testing, dissection or analysis by a recognized testing laboratory or
           consultant selected by the City to determine that the material(s) submitted for bid conform to the
           bid specifications. The cost of testing, dissection or analysis shall be borne by the offeror.

     7.6   REPAIR AND REPLACEMENT PARTS: Repair or replacement parts for existing equipment
           may be accomplished by the Contractor using other than original equipment manufacturer's
           (OEM) parts. However, all parts or equipment furnished must be equal or exceed that of the
           original equipment manufacturer(s) in material and warranty.

     7.7   WORKMANSHIP: Where not more specifically described in any of the various sections of these
           specifications, 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 in their respective lines of work.

8.   CITY’S CONTRACTUAL RIGHTS

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

     8.2   NON-EXCLUSIVE REMEDIES: The rights and remedies of the City under this Contract are non-
           exclusive.

     8.3   DEFAULT IN ONE INSTALLMENT TO CONSTITUTE BREACH: Each installment or lot of the
           agreement is dependent on every other installment or lot and a delivery of non-conforming goods
           or a default of any nature under one installment or lot will impair the value of the whole agreement
           and constitutes a total breach of the agreement as a whole.

     8.4   ON TIME DELIVERY: Because the City is providing services which involve health, safety and
           welfare of the general public, delivery time is of the essence. Delivery must be made in
           accordance with the delivery schedule promised by the Offeror.




                    Solicitation No. IFB 13-010 (AP)                                       Page 18 of 75
                                                                                        CITY OF PHOENIX
                                                                                       Procurement Division
                                                                                     251 W. Washington Street
      SECTION II - STANDARD TERMS AND CONDITIONS                                             8th Floor
                                                                                        Phoenix, AZ 85003
                                                                                       Phone: (602) 262-7181

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

     8.6   COVENANT AGAINST CONTINGENT FEES: Seller warrants that no person or selling agent
           has been employed or retained to solicit or secure this contract upon an agreement or
           understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide
           employers or bona fide established commercial or selling agencies maintained by the seller for
           the purpose of securing business. For breach or violation of this warranty, the City shall have the
           right to annul the contract without liability or in its discretion to deduct from the contract price a
           consideration, or otherwise recover the full amount of such commission, brokerage or contingent
           fee.

     8.7   ESTIMATED QUANTITIES OR DOLLAR AMOUNTS (REQUIREMENTS CONTRACTS ONLY):
           Quantities and dollar amounts listed are the City’s best estimate and do not obligate the City to
           order or accept more than City’s actual requirements during period of this agreement, as
           determined by actual needs and availability or appropriated funds. It is expressly understood and
           agreed that the resulting contract is to supply the City with its complete actual requirement for the
           contract period, except that the estimated quantity shown for each bid item shall not be exceeded
           by 10 percent without the express written approval of the Deputy Finance Director, Procurement
           Division. Any demand or order made by any employee or officer of the City of Phoenix, other
           than the Deputy Finance Director, Procurement Division or designated representative, for
           quantities in excess of the estimated quantities and dollar amounts shall be void if the written
           approval of the Deputy Finance Director was not received prior to the Contractor's performance.

     8.8   COST JUSTIFICATION: In the event only one response is received, the City may require that
           the offeror submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to
           determine if the bid price is fair and reasonable.

     8.9   WORK PRODUCT, EQUIPMENT AND MATERIALS: All work product, equipment, or materials
           created or purchased under this contract belongs to the City and must be delivered to the City at
           City’s request upon termination of this contract. Contractor agrees that all materials prepared
           under this contract are “works for hire” within the meaning of the copyright laws of the United
           States and assigns to City all rights and interests Contractor may have in the materials it prepares
           under this contract, including any right to derivative use of the material.

9.   CONTRACT TERMINATION

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




                    Solicitation No. IFB 13-010 (AP)                                          Page 19 of 75
                                                                                   CITY OF PHOENIX
                                                                                  Procurement Division
                                                                                251 W. Washington Street
 SECTION II - STANDARD TERMS AND CONDITIONS                                             8th Floor
                                                                                   Phoenix, AZ 85003
                                                                                  Phone: (602) 262-7181

9.2   CONDITIONS AND CAUSES FOR TERMINATION: This contract may be terminated at any time
      by mutual written consent, or by the City, with or without cause, upon giving thirty (30) days
      written notice to Contractor. The City at its convenience, by written notice, may terminate this
      contract, in whole or in part. If this contract is terminated, the City shall be liable only for payment
      under the payment provisions of this contract for services rendered and accepted material
      received by the City before the effective date of termination. Title to all materials, work-in-process
      and completed but undeliverable goods, will pass to the City after costs are claimed and allowed.
      The Seller shall submit detailed cost claims in an acceptable manner and shall permit the City to
      examine such books and records as may be necessary in order to verify the reasonableness of
      any claims.

      The City reserves the right to cancel the whole or any part of this contract due to failure of
      Contractor to carry out any term, promise, or condition of the contract. The City will issue a
      written notice of default to Contractor for acting or failing to act as in any of the following:

      In the opinion of the City, Contractor provides personnel who do not meet the requirements of the
      contract;

      In the opinion of the City, Contractor fails to perform adequately the stipulations, conditions or
      services/specifications required in this contract;

      In the opinion of the City, Contractor attempts to impose on the City personnel or materials,
      products or workmanship, which is of an unacceptable quality.

      Contractor fails to furnish the required service and/or product within the time stipulated in the
      contract;

      In the opinion of the City, Contractor fails to make progress in the performance of the
      requirements of the contract and/or give the City a positive indication that Contractor will not or
      cannot perform to the requirements of the contract.

9.3   CONTRACT CANCELLATION: All parties acknowledge that this contract is subject to
      cancellation by the City of Phoenix pursuant to the provision of Section 38-511, Arizona Revised
      Statutes.




               Solicitation No. IFB 13-010 (AP)                                          Page 20 of 75
                                                                                   CITY OF PHOENIX
                                                                                  Procurement Division
                                                                                251 W. Washington Street
     SECTION III – SPECIAL TERMS AND CONDITIONS                                         8th Floor
                                                                                   Phoenix, AZ 85003
                                                                                  Phone: (602) 262-7181

1.   FOB POINT
     Prices quoted shall be FOB various locations as outlined in scope of work unloaded and installed.

2.   SITE INSPECTION (MANDATORY)
     Bidders including the current Contractor must participate in the walk-through inspection of the
     site(s) conducted by City personnel on Wednesday, July 11, 2012 immediately following the pre-
     bid conference, and familiarize themselves with any conditions may affect performance and bid
     prices. Walk-through inspection tour will begin immediately following the pre-bid conference and
     will continue the next day if necessary. Bidders must arrange for their own transportation.

     Bids submitted for locations on which the scheduled walk-through inspection has not been
     performed will be considered as non-responsive and rejected. A sign-in sheet will be routed at the
     site inspection.

3.   PERFORMANCE SURETY REQUIREMENTS
     A performance surety in the amount of 10 percent of the total contract amount shall be provided
     by the Contractor immediately after notice of award. The City of Phoenix will not issue a written
     purchase order or give notice to proceed in any form until the surety is received by the
     Purchasing Division. The performance surety must be in the form of a bond, cashier's check,
     certified check or money order. Personal or company checks are not acceptable unless certified.
     If surety is in the form of a bond, the company issuing the surety must be authorized by the
     Insurance Department of Arizona to transact business in the State of Arizona or be named on the
     approved listing of non-admitted companies. A Certificate of Deposit (CD) issued by a local
     Phoenix bank may also be used as a form of surety provided that the CD is issued jointly in the
     name of the City of Phoenix and the Contractor, and that the Contractor endorses the CD over to
     the City at the beginning of the contract period. Interest earnings from the CD can be retained by
     the Contractor.

4.   STATEMENT OF ABILITY AND PAYMENT SURETY REQUIREMENT
     Bidders should submit with their bid a letter from a bonding or insurance company stating that
     the bidder can qualify for and procure the performance and/or payment surety required in this
     invitation for bid. Bids received without the required statement of ability to secure a performance
     or payment surety may be considered as non-responsive. Bidders anticipating the submittal of a
     cash surety in lieu of a bond should submit a statement notifying the City.

5.   PRICE
     All prices submitted shall be firm and fixed for the initial two (2) year contract period. Thereafter,
     price adjustments will be considered annually provided the adjustments are submitted in writing
     with thirty (30) days advance notice. Requests shall be accompanied with written documentation
     from the manufacturer confirming the price increase. The City of Phoenix will be the sole judge in
     determining the allowable increase amount. Price adjustment requests shall be sent to Claudia
     Ruiz, 251 W. Washington St., Phoenix, AZ 85003. Price increases agreed to by any staff other
     than Deputy Finance Director are invalid. The contractor acknowledges and agrees that it will
     repay all monies paid a requested price increase unless the price increase was specifically
     approved in writing by the Deputy Finance Director.




                Solicitation No. IFB 13-010 (AP)                                        Page 21 of 75
                                                                                    CITY OF PHOENIX
                                                                                   Procurement Division
                                                                                 251 W. Washington Street
      SECTION III – SPECIAL TERMS AND CONDITIONS                                         8th Floor
                                                                                    Phoenix, AZ 85003
                                                                                   Phone: (602) 262-7181

6.    AWARD QUALIFICATION
      The Contractor hereby agrees that any of its employees who may be assigned to the City of
      Phoenix sites to satisfy Contractor’s obligations under this Contract shall be used exclusively for
      that purpose during the hours when they are working in areas covered by this Contract and shall
      perform no work at other City of Phoenix facilities. In the event that other services, in addition to
      or separate from the services specified herein, may be deemed necessary by the Deputy Finance
      Director or his authorized representative, the Contractor may be requested to perform the
      additional or special service.

7.    AWARD
      Award will be made on an "all or none" basis. Prices must be shown for each item listed. Bids
      submitted without individual item prices listed will be considered as non-responsive and rejected.

8.    METHOD OF ORDERING (VERBAL ORDERS)
      Individuals specifically authorized by the Deputy Finance Director, Purchasing Division, will place
      verbal orders directly to Contractor. Written purchase orders will not be issued. Invoice(s) will be
      mailed to ordering agency.

9.    METHOD OF INVOICING (AVIATION): Invoice must include the following:

      A.      City purchase order number, requisition number or contract agreement number.
      B.      Items listed individually by the written description and part number.
      C.      Unit price, extended and totaled.
      D.      Quantity ordered, back ordered, and shipped.
      E.      Applicable tax.
      F.      Invoice number and date.
      G.      Requesting department name and “ship-to” address.
      H.      Payment terms.
      I.      FOB terms.
      J.      An additional copy of the priced out invoice is to be provided to the Aviation Department.

10.   METHOD OF PAYMENT
      Contractor will be paid on a monthly basis in arrears. Invoices must contain the agreement
      number or bid number under which the purchase was awarded. Contractor to submit monthly
      invoice to:

      City of Phoenix Aviation Department
      Facilities & Services Complex
      Atttn: Terminal Services Manager
      2515 E Buckeye Rd
      Phoenix, AZ 85034

11.   INDEMNIFICATION (DEER VALLEY AND GOODYEAR AIRPORTS:
      (STANDARD SERVICE – AIRSIDE OF AIRPORT)
      Contractor shall indemnify, defend, save and hold harmless the City of Phoenix and its officers,
      officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any
      and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’
      fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as
      “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or
      intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful


                 Solicitation No. IFB 13-010 (AP)                                       Page 22 of 75
                                                                              CITY OF PHOENIX
                                                                             Procurement Division
                                                                           251 W. Washington Street
SECTION III – SPECIAL TERMS AND CONDITIONS                                         8th Floor
                                                                              Phoenix, AZ 85003
                                                                             Phone: (602) 262-7181

acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or
subcontractors. This indemnity includes any claim or amount arising out of or recovered under
the Workers’ Compensation Law or arising out of the failure of such contractor to conform to any
federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific
intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely
from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor
from and against any and all claims. It is agreed that Contractor will be responsible for primary
loss investigation, defense and judgment costs where this indemnification is applicable. In
consideration of the award of this contract, the Contractor agrees to waive all rights of
subrogation against the City, its officers, officials, agents and employees for losses arising from
the work performed by the Contractor for the City.

INSURANCE REQUIREMENTS:
Contractor and subcontractors shall procure and maintain until all of their obligations have been
discharged, including any warranty periods under this Contract are satisfied, insurance against
claims for injury to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by the Contractor, his agents, representatives, employees or
subcontractors.

The insurance requirements herein are minimum requirements for this Contract and in no way
limit the indemnity covenants contained in this Contract. The City in no way warrants that the
minimum limits contained herein are sufficient to protect the Contractor from liabilities that might
arise out of the performance of the work under this contract by the Contractor, his agents,
representatives, employees or subcontractors and Contractor is free to purchase additional
insurance as may be determined necessary.

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

Commercial General Liability – Occurrence Form
Policy shall include bodily injury, property damage and broad form contractual liability coverage.

General Aggregate      $5,000,000
Products – Complete Operations Aggregates         $5,000,000
Personal and Advertising Injury $5,000,000
Each Occurrence        $5,000,000

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

Policy shall not contain any exclusions for operations on or near airport premises.

Automobile Liability
Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles used in the
performance of this Contract.

Combined Single Limit (CSL)      $5,000,000


           Solicitation No. IFB 13-010 (AP)                                        Page 23 of 75
                                                                               CITY OF PHOENIX
                                                                              Procurement Division
                                                                            251 W. Washington Street
SECTION III – SPECIAL TERMS AND CONDITIONS                                          8th Floor
                                                                               Phoenix, AZ 85003
                                                                              Phone: (602) 262-7181

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

Policy shall not contain any exclusions for operations on or near airport premises.

Worker's Compensation and Employers' Liability
Workers' Compensation and Statutory
Employers' Liability

Each Accident $ 100,000
Disease – Each Employee       $ 100,000
Disease – Policy Limit $ 500,000

Policy shall contain a waiver of subrogation against the City of Phoenix.

This requirement shall not apply when a contractor or subcontractor is exempt under A.R.S. 23-
901, AND when such contractor or subcontractor executes the appropriate sole proprietor waiver
form.

ADDITIONAL INSURANCE REQUIREMENTS: The policies shall include, or be endorsed to
include, the following provisions:

On insurance policies where the City of Phoenix is named as an additional insured, the City of
Phoenix shall be an additional insured to the full limits of liability purchased by the Contractor
even if those limits of liability are in excess of those required by this Contract.

The Contractor's insurance coverage shall be primary insurance and non-contributory with
respect to all other available sources.

NOTICE OF CANCELLATION: For each insurance policy required by the insurance provisions of
this 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 shall be mailed to
City of Phoenix Finance Department, Purchasing Division, 251 W. Washington Street, Phoenix,
Arizona 85003; emailed to: purchasing.admin@phoenix.gov ; or sent by facsimile transmission to
(602)-534-1933.

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

VERIFICATION OF COVERAGE: Contractor shall furnish the City with certificates of insurance
(ACORD form or equivalent approved by the City) as required by this Contract. The certificates
for each insurance policy are to be signed by a person authorized by that insurer to bind
coverage on its behalf.




           Solicitation No. IFB 13-010 (AP)                                       Page 24 of 75
                                                                                    CITY OF PHOENIX
                                                                                   Procurement Division
                                                                                 251 W. Washington Street
      SECTION III – SPECIAL TERMS AND CONDITIONS                                         8th Floor
                                                                                    Phoenix, AZ 85003
                                                                                   Phone: (602) 262-7181

      All certificates and any required endorsements are to be received and approved by the City
      before work commences. Each insurance policy required by this Contract must be in effect at or
      prior to commencement of work under this Contract and remain in effect for the duration of the
      project. Failure to maintain the insurance policies as required by this Contract or to provide
      evidence of renewal is a material breach of contract.

      All certificates required by this Contract shall be sent directly to City of Phoenix, Deputy Finance
      Director/Purchasing, 251 West Washington, Phoenix, Arizona 85003. The City project/contract
      number and project description shall be noted on the certificate of insurance. The City reserves
      the right to require complete, certified copies of all insurance policies required by this Contract at
      any time.       DO NOT SEND CERTIFICATES OF INSURANCE TO THE CITY'S RISK
      MANAGEMENT DIVISION.

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

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

12.   INDEMNIFICATION (ALL OTHER LOCATIONS): (STANDARD SERVICE – NO DRIVING)
      Contractor shall indemnify, defend, save and hold harmless the City of Phoenix and its officers,
      officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any
      and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’
      fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as
      “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or
      intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful
      acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or
      subcontractors. This indemnity includes any claim or amount arising out of or recovered under
      the Workers’ Compensation Law or arising out of the failure of such contractor to conform to any
      federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific
      intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely
      from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor
      from and against any and all claims. It is agreed that Contractor will be responsible for primary
      loss investigation, defense and judgment costs where this indemnification is applicable. In
      consideration of the award of this contract, the Contractor agrees to waive all rights of
      subrogation against the City, its officers, officials, agents and employees for losses arising from
      the work performed by the Contractor for the City.

      INSURANCE REQUIREMENTS:
      Contractor and subcontractors shall procure and maintain until all of their obligations have been
      discharged, including any warranty periods under this Contract are satisfied, insurance against
      claims for injury to persons or damage to property which may arise from or in connection with the
      performance of the work hereunder by the Contractor, his agents, representatives, employees or
      subcontractors.




                 Solicitation No. IFB 13-010 (AP)                                        Page 25 of 75
                                                                               CITY OF PHOENIX
                                                                              Procurement Division
                                                                            251 W. Washington Street
SECTION III – SPECIAL TERMS AND CONDITIONS                                          8th Floor
                                                                               Phoenix, AZ 85003
                                                                              Phone: (602) 262-7181

The insurance requirements herein are minimum requirements for this Contract and in no way
limit the indemnity covenants contained in this Contract. The City in no way warrants that the
minimum limits contained herein are sufficient to protect the Contractor from liabilities that might
arise out of the performance of the work under this contract by the Contractor, his agents,
representatives, employees or subcontractors and Contractor is free to purchase additional
insurance as may be determined necessary.

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

Commercial General Liability – Occurrence Form
Policy shall include bodily injury, property damage and broad form contractual liability coverage.

General Aggregate                                 $2,000,000
Products – Completed Operations Aggregate         $1,000,000
Personal and Advertising Injury                   $1,000,000
Each Occurrence                                   $1,000,000

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

Worker's Compensation and Employers' Liability
Workers' Compensation and Statutory
Employers' Liability
Each Accident                            $100,000
Disease – Each Employee                  $100,000
Disease Policy Limit                     $500,000

Policy shall contain a waiver of subrogation against the City of Phoenix.

This requirement shall not apply when a contractor or subcontractor is exempt under A.R.S. 23-
901, AND when such contractor or subcontractor executes the appropriate sole proprietor waiver
form.

ADDITIONAL INSURANCE REQUIREMENTS: The policies shall include, or be endorsed to
include, the following provisions:

On insurance policies where the City of Phoenix is named as an additional insured, the City of
Phoenix shall be an additional insured to the full limits of liability purchased by the Contractor
even if those limits of liability are in excess of those required by this Contract.

The Contractor's insurance coverage shall be primary insurance and non-contributory with
respect to all other available sources.




           Solicitation No. IFB 13-010 (AP)                                        Page 26 of 75
                                                                                    CITY OF PHOENIX
                                                                                   Procurement Division
                                                                                 251 W. Washington Street
      SECTION III – SPECIAL TERMS AND CONDITIONS                                         8th Floor
                                                                                    Phoenix, AZ 85003
                                                                                   Phone: (602) 262-7181

      NOTICE OF CANCELLATION: For each insurance policy required by the insurance provisions of
      this 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 shall be mailed to
      City of Phoenix Finance Department, Purchasing Division, 251 W. Washington Street, Phoenix,
      Arizona 85003; emailed to: purchasing.admin@phoenix.gov ; or sent by facsimile transmission to
      (602)-534-1933.

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

      VERIFICATION OF COVERAGE: Contractor shall furnish the City with certificates of insurance
      (ACORD form or equivalent approved by the City) as required by this Contract. The certificates
      for each insurance policy are to be signed by a person authorized by that insurer to bind
      coverage on its behalf.

      All certificates and any required endorsements are to be received and approved by the City
      before work commences. Each insurance policy required by this Contract must be in effect at or
      prior to commencement of work under this Contract and remain in effect for the duration of the
      project. Failure to maintain the insurance policies as required by this Contract or to provide
      evidence of renewal is a material breach of contract.

      All certificates required by this Contract shall be sent directly to City of Phoenix, Deputy Finance
      Director/Purchasing, 251 West Washington, Phoenix, Arizona 85003. The City project/contract
      number and project description shall be noted on the certificate of insurance. The City reserves
      the right to require complete, certified copies of all insurance policies required by this Contract at
      any time.       DO NOT SEND CERTIFICATES OF INSURANCE TO THE CITY'S RISK
      MANAGEMENT DIVISION.

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

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

13.   CONTRACTOR AND SUBCONTRACTOR WORKER BACKGROUND SCREENING:
      A. Contract Worker Background Screening
         Contractor agrees that all contract workers and subcontractors [collectively “Contract
         Worker(s)”] that Contractor furnishes to the City pursuant to this Contract shall be subject to
         background and security checks and screening (collectively “Background Screening”) at
         Contractor’s sole cost and expense as set forth in this Section. The Background Screening
         provided by Contractor shall comply with all applicable laws, rules and regulations.
         Contractor further agrees that the Background Screening required in this Section is
         necessary to preserve and protect public health, safety and welfare. The Background
         Screening requirements set forth in this Section are the minimum requirements for this
         Contract. The City in no way warrants that these minimum requirements are sufficient to


                 Solicitation No. IFB 13-010 (AP)                                        Page 27 of 75
                                                                              CITY OF PHOENIX
                                                                             Procurement Division
                                                                           251 W. Washington Street
SECTION III – SPECIAL TERMS AND CONDITIONS                                         8th Floor
                                                                              Phoenix, AZ 85003
                                                                             Phone: (602) 262-7181

    protect Contractor from any liabilities that may arise out of Contractor’s services under this
    Contract or Contractor’s failure to comply with this Section. Therefore, in addition to the
    specific measures set forth below, Contractor and its Contract Workers shall take such other
    reasonable, prudent and necessary measures to further preserve and protect public health,
    safety and welfare when providing services under this Contract.

B. Background Screening Requirements and Criteria
   Contractor agrees that it will verify legal Arizona worker status as required by Arizona
   Revised Statutes (A.R.S.) § 41-4401. Contractor further agrees that it will conduct a
   background check for real identity/legal name on all Contract Workers prior to proposing the
   Contract Worker to the City.

C. Additional City Rights Regarding Security Inquiries
   In addition to the foregoing, the City reserves the right but not the obligations to: (1) have a
   Contract Worker be required to provide fingerprints and execute such other documentation as
   may be necessary to obtain criminal justice information pursuant to A.R.S. § 41-1750(G)(4) or
   Phoenix City Code § 4-22; (2) act on newly acquired information whether or not such
   information should have been previously discovered; (3) unilaterally change its standards and
   criteria relative to the acceptability of Contract Workers; and (4) object, at any time and for
   any reason, to a Contract Worker performing work (including supervision and oversight)
   under this Contract.

D. Contractor Certification
   By executing this Contract, Contractor certifies and warrants that Contractor has read the
   Background Screening requirements and criteria in this Section, understands them and that
   all Background Screening information furnished to the City is accurate and current. Also, by
   executing this Contract, Contractor further certifies and warrants that Contractor has satisfied
   all such Background Screening requirements as required. A Contract Worker rejected for
   work under this Contract shall not be proposed to perform work under other City contracts or
   engagements without the City’s prior written approval.

E. Terms of This Section Applicable to all of Contractor’s Contracts and Subcontracts
   Contractor shall include the terms of this Section for Contract Worker Background Screening
   in all contracts and subcontracts for services furnished under this Contract including, but not
   limited to, supervision and oversight services.

F. Materiality of Background Screening Requirements; Indemnity
   The Background Screening requirements of this Section are material to the City’s entry into
   this Contract and any breach of this Section by Contractor shall be deemed a material breach
   of this Contract. In addition to the indemnity provisions set forth in Section II 6.3 of this
   Contract, Contractor shall defend, indemnify and hold harmless the City for any and all
   Claims (as defined in Section II       6.3) arising out of this Background Screening Section
   including, but not limited to, the disqualification of a Contract Worker by Contractor or the City
   for failure to satisfy this Section.

G. Continuing Duty; Audit
   Contractor’s obligations and requirements that Contract Workers satisfy this Background
   Screening Section shall continue throughout the entire term of this Contract. Contractor shall
   notify the City immediately of any change to a Background Screening of a Contract Worker
   previously approved by the City. Contractor shall maintain all records and documents related


           Solicitation No. IFB 13-010 (AP)                                       Page 28 of 75
                                                                                 CITY OF PHOENIX
                                                                                Procurement Division
                                                                              251 W. Washington Street
      SECTION III – SPECIAL TERMS AND CONDITIONS                                      8th Floor
                                                                                 Phoenix, AZ 85003
                                                                                Phone: (602) 262-7181

          to all Background Screenings and the City reserves the right to audit Contractor’s compliance
          with this Section pursuant to Section II item #3.1 Records.

14.   CONTRACT WORKER ACCESS CONTROLS, BADGE AND KEY ACCESS REQUIREMENTS
      A CONTRACT WORKER SHALL NOT BE ALLOWED TO BEGIN WORK IN ANY CITY FACILITY
      WITHOUT: (1) THE PRIOR COMPLETION AND THE 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.

      A. Badges
         After receipt of the badge application, the Contract Worker will proceed to the Badging Office
         for processing of the badge application and issuance of the badge. The City will not process
         the badge application until the Contract Worker satisfies the required Background Screening
         (as defined herein). The Contract Worker shall comply with all requirements and furnish all
         requested information as requested by the Badging Office. Any and all fees associated with
         security badging will be assessed in compliance with Phoenix City Code § 4-22. Current
         badging procedures and fees are available for review at:

          http://www.phxskyharbor.com/about/securitybadging.html

      B. 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 Contractor for each key issued.

      C. Stolen or Lost Badges or Keys
         Contractor shall report lost or stolen badges or keys to the City immediately. A new badge
         application or key issue form shall be completed and submitted along with payment of the
         applicable fees prior to issuance of a new badge or key.

      D. Return of Badges or Keys
         All badges and keys are the property of the City and must be returned to the City at the
         Badging Office within one (1) business day of when the Contract Worker’s access to a City
         facility is no longer required to furnish the services under this Contract. 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.

      E. Contractor’s Default; Reservation of Remedies for Material Breach
         Contractor’s default under this Section shall include, but is not limited to, the following:
         (1) Contract Worker gains access to a City facility(s) without the proper badge or key;
         (2) Contract Worker uses a badge or key of another to gain access to a City facility;
         (3) Contract Worker commences services under this Contract without the proper badge, key
         or Background Screening; (4) 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 (5) Contractor fails to collect and timely return Contract Worker’s
         badge or key upon termination of Contract Worker’s employment, reassignment of Contract
         Worker to another City facility or upon the expiration, cancellation or termination of this
         Contract. Contractor acknowledges and agrees that the access control, badge and key


                 Solicitation No. IFB 13-010 (AP)                                    Page 29 of 75
                                                                                    CITY OF PHOENIX
                                                                                   Procurement Division
                                                                                 251 W. Washington Street
      SECTION III – SPECIAL TERMS AND CONDITIONS                                         8th Floor
                                                                                    Phoenix, AZ 85003
                                                                                   Phone: (602) 262-7181

          requirements in this Section are necessary to preserve and protect public health, safety and
          welfare. Accordingly, Contractor agrees to properly cure any default under this Section within
          three (3) business days from the date notice of default is sent by the City. The parties agree
          that Contractor’s failure to properly cure any default under this Section shall constitute a
          breach of this Section. In addition to any other remedy available to the City at law or in
          equity, Contractor shall be liable for and shall pay to the City the sum of one thousand dollars
          ($1,000.00) for each breach by Contractor of this Section. The parties further agree that the
          sum fixed above is reasonable and approximates the actual or anticipated loss to the City at
          the time and making of this Contract in the event that Contractor breaches this Section.
          Further, the parties expressly acknowledge and agree to the fixed sum set forth above
          because of the difficulty of proving the City's actual damages in the event that Contractor
          breaches this Section. The parties further agree that three (3) breaches by Contractor of this
          Section arising out of any default within a consecutive period of three (3) months, or three (3)
          breaches by Contractor of this Section arising out of the same default within a period of
          twelve (12) consecutive months, shall constitute a material breach of this Contract by
          Contractor and the City expressly reserves all of its rights, remedies and interests under this
          Contract, at law and in equity including, but not limited to, termination of this Contract.

15.   OPTION TO EXTEND
      The City may, at its option and with approval of the Contractor, extend the period of this
      agreement up to three (3) additional year(s), in increments of up to one year.

16.   PRE-CONSTRUCTION CONFERENCE
      A pre-construction conference will be held by the project manager prior to commencement of any
      work on the project. The purpose of this conference is to discuss critical elements of the work
      schedule and operational problems and procedures.

17.   ACCESS TO WORK AREA
      The project manager will identify project areas, storage area and parking to be utilized by the
      Contractor.

18.   SUSPENSIONS OF WORK
      The City and the project manager reserve the right to suspend work wholly or in part if deemed
      necessary for the best interest of the City of Phoenix. This suspension will be without
      compensation to the Contractor, other than to adjust the contract completion/delivery
      requirements.

19.   HAZARDOUS MATERIALS REQUIREMENTS – MSDS
      Contractor shall provide a copy of the current Material Safety Data Sheet (MSDS) for the
      product(s) offered. The MSDS must include all chemical compounds present in concentrations
      greater than 0.1% for each product offered. The Contractor shall provide required safety and
      health training for City employees on each product offered and for proper product use, storage,
      and disposal, when requested by the City. The Contractor further agrees to accept returned
      empty containers for disposal purposes, if and when requested by the City. The cost for any
      requested training and disposal of used containers shall be included in the bid price for the
      product. The Contractor shall also accept returned product that was purchased as a result of this
      agreement which the City no longer needs. Returned product will be in its original container(s),
      unopened, and returned at least forty-five (45) days prior to any shelf-life expiration date noted on
      the product container(s).



                 Solicitation No. IFB 13-010 (AP)                                       Page 30 of 75
                                                                                    CITY OF PHOENIX
                                                                                   Procurement Division
                                                                                 251 W. Washington Street
      SECTION III – SPECIAL TERMS AND CONDITIONS                                         8th Floor
                                                                                    Phoenix, AZ 85003
                                                                                   Phone: (602) 262-7181

      All product containers provided should exhibit the Hazardous Material Identification System
      (HMIS) and/or the National Fire Protection Association (NFPA) labels/ratings on the containers.

      City reserves the right to purchase the product that in the City’s opinion is the least hazardous
      material suitable for use in the City’s operations, price not withstanding.

20.   AIR POLLUTION EMERGENCY PROCLAMATION
      The City of Phoenix requires contractors to specify in their submittal, to the extent practicable, the
      amount of reactive organic compounds in their products. Vendors should also advise the buyer
      of any substitute products the vendor has available which contain either no reactive organic
      compounds or an amount less than that contained in the product(s) specified by the city. This
      notification should be provided at least ten (10) days prior to the opening date.

21.   COMMUNICATION IN ENGLISH
      It is mandatory that the lead person assigned to any facility be able to speak, read and write in
      English in order to communicate with the site contact.

22.   ENVIRONMENTAL PREFERRED PRODUCTS
      The City of Phoenix 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 a have a lesser or reduces 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 funding requirements, and disposal costs.

      The products that are selected for use in this contract should avoid physical and health hazards.
      Vendors 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 apply to all chemicals used for this contract:

      ▪       Chemical constituents not listed as Superfund Amendments and Reauthorization
              Act (SARA) Title III, Section 313 chemicals
      ▪       Chemicals with less than 0.5 percent phosphorous-containing constituents
      ▪       Corrosivity (pH) greater than 2 and less than 12.5
      ▪       Flashpoint greater than 150 degrees F
      ▪       No carcinogenic, mutagenic, or teratogenic constituents
      ▪       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 Standards for Consumer Products as defined in the
              Code of Federal Regulations, 40 CFR Part 59, Subpart C, and Sections 201-214.
              The City maintains the right to request that vendors supply certification 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.




                 Solicitation No. IFB 13-010 (AP)                                        Page 31 of 75
                                                                              CITY OF PHOENIX
                                                                             Procurement Division
                                                                           251 W. Washington Street
SECTION III – SPECIAL TERMS AND CONDITIONS                                         8th Floor
                                                                              Phoenix, AZ 85003
                                                                             Phone: (602) 262-7181

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 VOC’s and contribute to ozone air pollution.

A. WATER EMULSION POLYMER FLOOR FINISH
   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.
   1. 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.
   2. The finish will consist of all synthetic components. It will contain no natural waxes.
   3. The finish will consist of polyacrylic and polyethylene components. Polymers will be
       metal-linked to provide excellent detergent resistance.
   4. 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.
   5. The product will produce a colorless, rough, non-slip water-resistant coating having a
       very high gloss.
   6. The finish will be recoatable within fifteen minutes after prior coat has dried. Second coat
       will not whiten nor lift the first coat. It will produce enhanced gloss.
   7. The product will resist scuffing, powdering and scratching under traffic to a satisfactory
       degree and will respond to buffing.
   8. The finish will level well on application without streaking or puddling.
   9. 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.
   10. The product will not be acid sensitive and will resist acidic cleaners and strippers,
       including acidic soft drinks and fruit juices.
   11. The finish will be non-yellowing on the floor and should be milk white in the original
       container, rather than yellow.
   12. 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.
   13. The finish will be film forming at usual temperatures and will produce no powdering and
       no crazing.
   14. The finish will be completely waterproof within twelve hours after application. Product
       should have good-to-excellent water resistance.
   15. The finish will be free from objectionable odor and must not develop an offensive odor
       upon storage in the original unopened container.
   16. The finish shall contain less than 1% V.O.C.

B. WATER EMULSION TYPE FLOOR WAX OR FINISH REMOVER (STRIPPER)
   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.




           Solicitation No. IFB 13-010 (AP)                                        Page 32 of 75
                                                                            CITY OF PHOENIX
                                                                           Procurement Division
                                                                         251 W. Washington Street
SECTION III – SPECIAL TERMS AND CONDITIONS                                       8th Floor
                                                                            Phoenix, AZ 85003
                                                                           Phone: (602) 262-7181

    1. 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.
    2. 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.
    3. The compound will be free rinsing and free from odor which might be objectionable under
       conditions of use.
    4. The compound will not contain any fatty acid soaps.
    5. The compound will be stable and not lose its original effectiveness or otherwise
       deteriorate when stored for nine months in a closed shipping container at room
       temperature.
    6. The compound will be completely mixed with tap water in all proportions.
    7. 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%.

C. GERMICIDAL DETERGENT/DISINFECTANT
   Synthetic detergent and germicide cleaner. Liquid type designed for general cleaning,
   sanitizing and deodorizing/disinfecting in one operation.
   1. Product shall contain less than 1% VOC, as used, per California Code of Regulations
       Sections 94507-94517.
   2. 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.
   3. 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.
   4. 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).
   5. Hard Water Tolerance: Effective within thirty seconds in waters up to and including 750
       p.p.m. of hardness.
   6. Cleaning Efficiency: 1:64 dilution of the cleaner will exhibit a cleaning efficiency of not
       less than 80% as described in Paragraph 4.4.6 of Federal Specification PC-431a.. In
       solution, the cleaner will provide adequate, but not excessive, suds.
   7. 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
       1:64 dilution. The disinfectant will kill Pseudomonas Acruginosa at a 1:64 dilution and
       must be effective against both Gram positive and Gram-negative organisms.

D. LOTION CLEANSER
   Lotion type abrasive cleanser for cleaning porcelain surfaces and for general maintenance
       use.
   1. No SARA Title III Section 313 hazardous chemicals shall be a constituent.
   2. 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.
   3. The cleanser will be a white or an attractive, pleasing color, scented or unscented, and of
       uniform composition. Rinseability: complete.


           Solicitation No. IFB 13-010 (AP)                                      Page 33 of 75
                                                                            CITY OF PHOENIX
                                                                           Procurement Division
                                                                         251 W. Washington Street
SECTION III – SPECIAL TERMS AND CONDITIONS                                       8th Floor
                                                                            Phoenix, AZ 85003
                                                                           Phone: (602) 262-7181

    4.   The moisture content will not exceed 55%.
    5.   Anhydrous synthetic detergent content - 5% minimum to 10% maximum.
    6.   Abrasive content will not be less than 30%.
    7.   pH value of this liquid will be between five and ten.
    8.   Product will not separate when stored at fifty degrees C for seven days.
    9.   Less than 4% V.O.C. content.

E. NON-ACID TYPE BOWL CLEANER
   Non-acid-type bowl cleaner for de-scaling and disinfecting toilet bowls and urinals.
   1. Thick liquid formula that will cling to bowl and urinal surfaces it cleans.
   2. No SARA Title III Section 313 hazardous chemicals shall be a constituent.
   3. Compound will contain no acid.
   4. The compound will be a stable liquid and not lose effectiveness or otherwise deteriorate
       when stored in a closed container at room temperature.
   5. Compound will be safe on porcelain and chrome.
   6. Compound will remove rust, water minerals, lime, soap scum, body oils, grease, with
       excellent hard water tolerance.
   7. Compound will be free of harmful abrasives.
   8. Use of two ounces must be sufficient to remove soil, rust, lime scale and uric incrustation
       as well as disinfect and deodorize under normal conditions.
   9. 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.
   10. Less than 3% V.O.C. content.

F. GLASS CLEANER
   Non-aerosol liquid glass cleaner intended primarily for use on windows, mirrors, glass
      surfaces.
   1. The product shall be certified to Green Seal standard GS-37. Criteria can be found at
      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.
   2. The compound will be a blend of synthetic organic detergents; it will not contain any
      perfume, ammonia or inorganic alkalies.
   3. 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.

G. STAINLESS STEEL CLEANER/POLISHER
   Product that is designated to clean and protect metal surfaces.
   1. Solution will be a blend of solvents and polishing agents, which will remove grease,
      fingerprints and light soil.
   2. It will provide protective water resistance, prevent rusting, corrosion and discoloration.
   3. It will contain no harsh abrasives.
   4. It will be non-aerosol and safe to use on drinking fountains and eye washes.
   5. No SARA Title III Section 313 hazardous chemicals shall be ingredients.
   6. Less than 30% V.O.C. content.




           Solicitation No. IFB 13-010 (AP)                                     Page 34 of 75
                                                                           CITY OF PHOENIX
                                                                          Procurement Division
                                                                        251 W. Washington Street
SECTION III – SPECIAL TERMS AND CONDITIONS                                      8th Floor
                                                                           Phoenix, AZ 85003
                                                                          Phone: (602) 262-7181

H. FURNITURE POLISH
   Non-aerosol agent designed to clean and polish wood and wood product surfaces.
   1. It will be a blend of silicone, oils, waxes and cleaning agents.
   2. It will remove dust, smudges, fingerprints and stains. It will protect surfaces and does not
      smear.
   3. It will have a pleasant odor and be water based.
   4. It will be safe on all-wood surfaces, leather, vinyl and counter/table tops.
   5. Solution will not leave a film and not attract dirt particles.
   6. No SARA Title III Section 313 chemicals shall be included as an ingredient.
   7. Less than 7% V.O.C. content; non-aerosol only.

I.   GRAFFITI REMOVER
     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.
     1. Solution will not harm or remove finishes from surface.
     2. No SARA Title III Section 313 chemicals shall be a constituent.
     3. Non-aerosol only; less than 30% V.O.C. content.

J.   ALL PURPOSE CLEANER
     Liquid cleaning compound suitable for cleaning all types of surfaces.
     1. This product shall be certified to Green Seal standard GS-37. 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.
     2. Solution will be applied and wiped off with no rinsing required.
     3. Solution will remove all common soils from most surfaces.
     4. It will not streak or leave a film.

K. ENZYME BACTERIA PRODUCTS
   Non-aerosol enzyme digestant that dissolves odors in floor drains.
   1. Solution will have a pleasant odor.
   2. Solution will work to neutralize odors with use of high activity enzymes and bacterial
      cultures.
   3. Solution will be used to neutralize odors under and around toilets, sinks and urinals.
   4. Solution will continue to neutralize odors even after product has dried on surface.
   5. Solution will have active bacterial count of at least 37 billion per gallon.
   6. pH range should be 7.0 to 8.5
   7. No SARA Title III Section 313 chemicals shall be included as a constituent.

L. DEGREASER
   Non-butyl cleaner and degreaser designed to remove a wide variety of grease and soil on
   any surface not harmed by water.
   1. 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.
   2. Solution will be water-based product containing rust inhibitors.
   3. Solution will remove soap scum and body oils in showers and washroom surfaces.
   4. Solution will be free rinsing, non-filming and contain no fumes.


            Solicitation No. IFB 13-010 (AP)                                    Page 35 of 75
                                                                                    CITY OF PHOENIX
                                                                                   Procurement Division
                                                                                 251 W. Washington Street
      SECTION III – SPECIAL TERMS AND CONDITIONS                                         8th Floor
                                                                                    Phoenix, AZ 85003
                                                                                   Phone: (602) 262-7181

           5.   Dilution rate will be 16:1 for general cleaning, 1:8 for heavy duty cleaning.
           6.   Solution may be used with pressure washers and foam guns.
           7.   Solution should be suitable for use on floors and walls in soft or hard water.
           8.   Composition should consist of a blend of synthetic detergents, solvents and alkalis.
           9.   Non-aerosol; less than 4% V.O.C. content.

      M. HARD WATER DEPOSIT REMOVER
         Extra strength cleaner designed to remove hard water scale and discoloration.
         1. Solution will be designed to cling to surfaces.
         2. It will be safe to use on chrome, ceramic tile, and porcelain surfaces.
         3. Solution shall contain no hydrochloric acid or phosphoric acid.
         4. It will be pleasant scented.
         5. No SARA Title III Section 313 chemicals shall be an ingredient.

      N. SPOT REMOVER
         Product to remove stains and spots from most types of carpets.
         1. Solution will be safe for use on most carpet surfaces.
         2. Solution will be used on upholstery, textiles, vinyl, leathers, and synthetics.
         3. Solution will be effective in the removal of red dye and products containing this dye.
         4. Solution will remove gum and other adhesives.
         5. Solution will be a deodorizer and enzyme digestant.
         6. Solution will be pH balanced and be effective on most types of stains found in
            commercial buildings.
         7. No SARA Title III Section 313 chemicals shall be an ingredient.
         8. Non-aerosol only; less than 3% V.O.C. content.

      O. ANTISTATIC SOLUTION
         Product to stop static shock and eliminate buildup of static electricity from carpets. No SARA
         Title III Section 313 chemicals shall be included as an ingredient.

23.   LOW ENVIRONMENTAL IMPACT CLEANING POLICY
      The City of Phoenix’s policy is to use its cleaning practices and associated cleaning product and
      janitorial supply purchases to promote sustainability and improve building safety and occupant
      well-being. This document outlines practices to ensure that all cleaning procedures, equipment,
      cleaning chemicals, and janitorial supplies in use at city-owned facilities assure a clean and safe
      building, reduce the risk of toxic chemical exposure to janitorial staff and building occupants, and
      maintain healthy air quality. The city of Phoenix 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).
      A.        SUSTAINABLE CLEANING SYSTEMS
                The use of sustainable cleaning systems protects the environment and protects occupant
                exposure to toxic materials by reducing the overall need for janitorial staff to clean
                chemically. Wherever feasible, use of microfiber dry mopping of floors and dry-wipe
                cleaning of hard surfaces is employed, which in conjunction with the entryway systems to
                eliminate pollutants, reduce the need for wet/chemical cleaning. When cleaning
                chemicals are used, the janitorial 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. Finally, the use of
                sustainable cleaning products meeting the requirements of set forth in LEED-EB, ensures


                   Solicitation No. IFB 13-010 (AP)                                      Page 36 of 75
                                                                           CITY OF PHOENIX
                                                                          Procurement Division
                                                                        251 W. Washington Street
SECTION III – SPECIAL TERMS AND CONDITIONS                                      8th Floor
                                                                           Phoenix, AZ 85003
                                                                          Phone: (602) 262-7181

     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 of janitorial staff and occupants to toxic chemical exposure.

B.   SUSTAINABLE CLEANING OPERATING PROCEDURES AND AUDITS
     Custodial contractor shall have appropriate standard operating procedures in place which
     reflect the core principles of green cleaning. Procedures shall also address how its
     cleaning, hard floor maintenance, and carpet maintenance will be consistently
     implemented, managed, and audited. Procedures should include proactive strategies to
     reduce contaminant infiltration at the source (e.g., walk-off mats).
     Custodial cleaning effectiveness assessments by city staff or an external auditor will be
     conducted from time to time. Cleaning effectiveness at each facility shall be maintained
     at an overall average score of Level 3 or less using the Association of Physical Plant
     Administrator’s (APPA, www.appa.org) Custodial Staffing Guidelines.

     In addition to the external audits of custodial effectiveness, feedback about building
     cleanliness from building occupants will be solicited on a regular basis via surveys and/or
     a complaint system.

C.   ENVIRONMENTAL HEALTH AND SAFETY REGULATIONS COMPLIANCE
     The janitorial service contract provider 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. The City of Phoenix Facility
     Contract Compliance Specialist and the Office of Environmental Programs Pollution
     Prevention staff, through the Environmental Facility Assessment process, assist in
     ensuring compliance with such regulations throughout the facility. The Environmental
     Facility Assessment process also addresses safe storage of chemicals such as cleaning
     products and that applicable spill response and secondary containment are being used at
     the facility where appropriate.

D.   FLOORING SYSTEMS
     Sustainable floor finish products for resilient floors shall be zinc-free and meet the Green
     Seal GS-40 “Industrial and Institutional Floor Finishes and Strippers” standard. They
     must also be slip resistant per ASTM D-2047 standard.           All floor finish products must
     also meet the reduced volatile organic compound (VOC) limits of the California Code of
     Regulations Section 94507-94517. All floor finishing products must be pre-approved by
     the City of Phoenix prior to use on site. The contractor is not allowed to bring in any
     additional floor finish products without prior authorization. Contractor shall also ensure
     that only approved products are used and that the Material Safety Data Sheets are
     maintained on site for all flooring finish products and are available to all staff.

E.   FLOOR MAINTENANCE LOGS
     The contractor also must keep a written floor maintenance log that details the number of
     coats applied as the base and top coats and the duration between stripping and re-coat
     cycles. The City of Phoenix Facility Contract Compliance Specialist shall ensure that
     proper logs are kept and that floors are re-coated per the requirements of the contract.
     Copies shall be provided to City of Phoenix staff upon request.


        Solicitation No. IFB 13-010 (AP)                                        Page 37 of 75
                                                                           CITY OF PHOENIX
                                                                          Procurement Division
                                                                        251 W. Washington Street
SECTION III – SPECIAL TERMS AND CONDITIONS                                      8th Floor
                                                                           Phoenix, AZ 85003
                                                                          Phone: (602) 262-7181

F.   SUSTAINABLE CLEANING PRODUCTS AND MATERIALS
     The City’s practice is to purchase sustainable cleaning products and materials. This
     includes all cleaning chemicals, janitorial paper supplies, and trash bags. 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.

     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 Facilities Contract Compliance Specialist 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 of Phoenix staff at any time. The
     log sheet shall record the manufacturer and product name, quantity, unit of measure, and
     amounts consumed at the facility.

     The cost of cleaning chemicals used onsite, by facility, for each type of cleaning product
     shall be tracked and data will be provided to City of Phoenix staff upon request.

     Janitorial paper products and trash liners are generally procured by City staff through
     existing citywide purchase contracts. Recycled-content products meeting the EPA
     recovered-content criteria (Comprehensive Procurement Guidelines – CPG) have been
     selected wherever possible. Staff may only order paper and trash liner products from the
     pre-approved list of recycled-content items. Such items, if provided by the custodial
     contractor, shall meet the EPA recovered-content CPG criteria. Questions on additional
     products, ordered either contractually or non-contractually, are directed to the Office of
     Environmental Programs Pollution Prevention section (602-534-1778), which maintains
     information on sustainable items on citywide contracts and assists in implementation of
     the citywide Environmentally Preferable Purchasing Program.

G.   CHEMICAL CONCENTRATES AND DILUTION SYSTEMS
     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.

H.   EQUIPMENT
     The city’s policy is to reduce the impact of cleaning operations on indoor air quality and
     has instituted the following requirements for all new cleaning equipment used by janitorial
     service contractors in the facility:

     •     All vacuum cleaners are certified by the Carpet & Rug Institute’s “Green Label”
           Testing Program for vacuum cleaners and operate at less than 70 dBA.




         Solicitation No. IFB 13-010 (AP)                                      Page 38 of 75
                                                                              CITY OF PHOENIX
                                                                             Procurement Division
                                                                           251 W. Washington Street
SECTION III – SPECIAL TERMS AND CONDITIONS                                         8th Floor
                                                                              Phoenix, AZ 85003
                                                                             Phone: (602) 262-7181

       •     Carpet extraction equipment used for restorative deep cleaning is certified by the
             Carpet and Rug Institute’s “Seal of Approval” Testing Program for deep-cleaning
             extractors.
       •     Powered floor maintenance equipment, including electric and battery-powered floor
             buffers and burnishers, is equipped with vacuums, guards and/or other devices for
             capturing fine particulates and operate with a sound level of less than 70 dBA.
       •     Automated scrubbing machines shall be equipped with variable-speed feed pumps
             or alternatively, the scrubbing machines may use only tap water with no added
             cleaning products.
       •     Battery-powered equipment shall be equipped with environmentally preferable gel batteries.
       •     Powered equipment is ergonomically designed to minimize vibration, noise, and
             user fatigue.
       •     Equipment is designed with safeguards, such as rollers or rubber bumpers, to
             reduce potential damage to building surfaces.
       •     No propane-powered cleaning equipment shall be used inside buildings.
       •     All hot water extraction equipment for deep cleaning carpet must be capable of
             removing sufficient moisture such that carpets can dry in less than 24 hours.
       Logs shall be kept by the contractor for all powered equipment indicating the date of
       purchase, all maintenance and repair activities and dates, and include manufacturer
       specification technical sheets for each type of equipment. The City of Phoenix Facility
       Contract Compliance Specialist shall ensure that the log is maintained.

I.     HAND SOAPS
       All hand soaps in use at City facilities shall not contain any anti-microbial agents (except
       as a preservative), except where required by health codes or other regulations. When
       these items are provided by custodial service contractors, they shall be pre-approved for
       use by the city. Any changes to soap purchases shall first be approved by the Facility
       Contract Compliance Specialist or the Office of Environmental Programs Pollution
       Prevention staff. Use of waterless hand sanitizers throughout facilities is encouraged and
       staff are educated on their use through departmental safety meetings and Human
       Resources Safety section educational promotion.

J.     TRAINING OF PERSONNEL
       The City places a high priority on training and communication of the LEED-EB policies
       and practices. The City requires that its custodial vendor provide initial and ongoing
       training for their employees in the following areas at a minimum. All training is
       documented on signed roster sheets provided to the City of Phoenix custodial service
       Contract Compliance Specialist upon request.
       •     OSHA Hazard Communication Standard / Reading a Material Safety Data Sheet
       •     Safe Handling, Use, and Disposal of Cleaning Materials, including Spill Response
       •     Proper Recycling Practices
       •     Proper Mixing and Dilution of Concentrated Chemicals
       •     Hazardous Materials and Blood Borne Pathogens Training
       •     Ergonomic Training including Safe Lifting Practices and Proper Equipment Handling

Reference: LEED 2009 for Existing Buildings Operations and Maintenance, IEQ Prerequisite 3,
IEQ Credits 3.1, 3.3, 3.4




           Solicitation No. IFB 13-010 (AP)                                        Page 39 of 75
                                                                                     CITY OF PHOENIX
                                                                                    Procurement Division
                                                                                  251 W. Washington Street
      SECTION III – SPECIAL TERMS AND CONDITIONS                                          8th Floor
                                                                                     Phoenix, AZ 85003
                                                                                    Phone: (602) 262-7181

24.   PERFORMANCE INTERFERENCE
      Contractor shall notify the department contact immediately of any occurrence and/or condition
      that interferes with the full performance of the contract, and confirm it in writing within twenty-four
      (24) hours.

      Department Contact: Terminal Services Manager

      Phone: 602-273-2071

25.   CONTRACTOR'S PERFORMANCE
      Contractor shall furnish all necessary labor, tools, equipment, and supplies to perform the
      required services at the City facilities designated. The City's authorized representative will decide
      all questions which may arise as to the quality and acceptability of any work performed under the
      contract. If, in the opinion of the City's authorized representative, performance becomes
      unsatisfactory, the City shall notify the Contractor.

      The Contractor will have 24 hours from that time to correct any specific instances of
      unsatisfactory performance. In the event the unsatisfactory performance is not corrected within
      the time specified above, the City shall have the immediate right to complete the work to its
      satisfaction and shall deduct the cost to cover from any balances due or to become due the
      Contractor. Repeated incidences of unsatisfactory performance may result in cancellation of the
      agreement for default.

26.   EQUIPMENT/SAFETY
      The Contractor shall be responsible for providing and for the placement of barricades, tarps,
      plastic, flag tape and other safety/traffic control equipment required to protect its employees, the
      public, surrounding areas, equipment and vehicles. The flow of vehicular traffic shall not be
      impeded at any time during this project. The safety of the Contractor's employees and the public
      is of prime concern to the City, and the Contractor must take all necessary steps to assure proper
      safety during the performance of the Contractor.

27.   CLEANING
      The Contractor shall keep the premises clean of all rubbish and debris generated by the work
      involved and shall leave the premises neat and clean. All surplus material, rubbish, and debris
      shall be disposed of by the Contractor at the Contractor's expense. The work area shall be
      cleaned at the end of each work day.

      All materials, tools, equipment, etc., shall be removed or safely stored. The City is not
      responsible for theft or damage to the Contractor's property. All possible safety hazards to
      workers or the public shall be corrected immediately and left in a safe condition at the end of each
      work day. If there is a question in this area, the project manager will be consulted.

28.   HOURS OF WORK
      All work under this contract shall be coordinated with the project manager. Any changes to the
      established schedule must have prior approval of the project manager.

29.   FINAL INSPECTION AND APPROVAL
      The Contractor will request the project manager to conduct a site inspection after the project is
      complete. The project manager will prepare a "punch-list" during the inspection and will forward a
      copy of the "punch-list" to the Contractor.


                 Solicitation No. IFB 13-010 (AP)                                         Page 40 of 75
                                                                                    CITY OF PHOENIX
                                                                                   Procurement Division
                                                                                 251 W. Washington Street
      SECTION III – SPECIAL TERMS AND CONDITIONS                                         8th Floor
                                                                                    Phoenix, AZ 85003
                                                                                   Phone: (602) 262-7181

      After the "punch-list" items have been corrected, the Contractor will request a final inspection with
      the project manager. Final project approval is contingent upon the project manager's final
      inspection and written approval.

30.   TYPES OF WORK SUPERVISION
      The Contractor shall provide on–site supervision and appropriate training to assure competent
      performance of the work and the Contractor or authorized agent will make sufficient daily routine
      inspections to insure the work is performed as required by this contract.       Contractor’s job
      manager, supervisor and at least one employee on-site must be able to read chemical labels, job
      instructions and signs, as well as converse in English with management personnel.

31.   LEGAL WORKER REQUIREMENTS
      The City of Phoenix is prohibited by A.R.S. § 41-4401 from awarding a contract to any contractor
      who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A). Therefore, Contractor
      agrees that:

      A.      Contractor and each subcontractor it uses warrants their compliance with all federal
              immigration laws and regulations that relate to their employees and their compliance
              with § 23-214, subsection A.

      B.      A breach of a warranty under paragraph 1 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 of Phoenix retains the legal right to inspect the papers of any contractor or
              subcontractor employee who works on the contract to ensure that the contractor or
              subcontractor is complying with the warranty under paragraph 1.

32.   EMERGENCY TWENTY-FOUR HOUR SERVICE
      Emergency twenty-four (24) hour service is to be provided by Contractor at no additional cost.
      The Contractor shall provide an emergency contact person, with phone number, who is
      authorized to release material to the City of Phoenix during non-business hours, in the event of
      an emergency repair requirement. Any changes in contacts must be promptly submitted to the
      City.

33.   LIQUIDATED DAMAGES
      If the Contractor fails to deliver the supplies or perform the services within the time specified in
      the contract, or any extension thereof, the actual damages to the City for the delay will be difficult
      or impossible to determine. Therefore, Liquidated Damages will be as follows:

      The following liquidated damages may be imposed by the City to the Contractor based on each
      observed violation committed by Contractor personnel:

      Insufficient employees to staff all positions                           $100/position per day
      Employee not in uniform                                                 $50/violation
      Performance issues not corrected within 24 hours of notification by ADR $150/violation
      Recurring deficiencies of the same nature that exceed 3 in any 90 day period $500/violation

      The Contractor agrees that a violation of any of the above shall result in the City incurring
      damages that are impractical or impossible to determine. The Contractor agrees that the above
      monetary assessments are a reasonable approximation of such damages.


                 Solicitation No. IFB 13-010 (AP)                                        Page 41 of 75
                                                                                    CITY OF PHOENIX
                                                                                   Procurement Division
                                                                                 251 W. Washington Street
      SECTION III – SPECIAL TERMS AND CONDITIONS                                         8th Floor
                                                                                    Phoenix, AZ 85003
                                                                                   Phone: (602) 262-7181

      The Contractor will be notified by the City in writing of a violation and the Contractor will have ten
      (10) calendar days from the date of mailing to respond in writing. The City’s notice shall include a
      brief narrative apprising the Contractor of the time, place, and nature of the violation and shall set
      forth those facts in the possession of the City substantiating the violation. The Contractor’s
      mailed response will be considered timely if post-marked within this ten (10) day period. Failure
      of the Contractor to respond within this time period will be deemed an admission that the violation
      occurred. The response will be evaluated by the City Procurement Supervisor and the violation
      upheld or reversed in his or her sole discretion.

      All sums unpaid after such thirty (30) day period shall be credited against monthly invoices once
      the decision upholding the violation has been made.

      The City may terminate this contract in whole or part as provided in the "Default" provision. In
      that event, the Contractor shall be liable for such liquidated damages accruing until such time as
      the City may reasonably obtain delivery or performance of similar supplies and services.
      Notwithstanding the aforesaid, in all instances, the City reserves the right to terminate contractor
      immediately upon learning of an unlawful act carried out by contractor, or of a contractor breach
      that puts any life or property in danger of damage or harm. The Contractor shall not be charged
      with liquidated damages when the delay arises out of causes beyond the control and without the
      fault or negligence of the Contractor.

34.   OSHA LAWS AND REGULATIONS
      A.    Emergency Spill Response Plan: Contractor shall determine whether products selected
            could require an emergency spill response plan for any hazardous material used. If such
            determination is made, a plan for directing employees in proper response procedures
            must be submitted. At a minimum, the response plan must address the following
            minimum information:

              1.       Provide a description of equipment on site available to contain and/or respond to
                       an emergency/spill of the material.
              2.       Notification procedures.
              3.       Response coordination procedures between Contractor and the City of Phoenix.
              4.       Provide a Site Plan showing the location of stored hazardous materials and
                       location of spill containment/response equipment.
              5.       Provide a description of the training provided to the Contractor’s employees.

      B       Hazardous Materials Storage and Labeling Specifications: Contractor shall, to the
              satisfaction of the City of Phoenix’s environmental representative, properly and safely
              store all hazardous materials, which shall include as a minimum, the following:

              1.       Have a designated storage site for hazardous material, which includes secondary
                       containment.
              2.       Provide signage approved by the City of Phoenix’s environmental representative
                       clearly identifying the hazardous materials storage site. Signage must be in
                       language understood by Contractor’s on-site employees.
              3.       All hazardous materials containers must be labeled according to OSHA
                       requirements, and bear applicable NFPA or HMIS labels.




                   Solicitation No. IFB 13-010 (AP)                                      Page 42 of 75
                                                                          CITY OF PHOENIX
                                                                         Procurement Division
                                                                       251 W. Washington Street
SECTION III – SPECIAL TERMS AND CONDITIONS                                     8th Floor
                                                                          Phoenix, AZ 85003
                                                                         Phone: (602) 262-7181

C.   Contractor shall comply with all applicable Federal, State, City, and local laws,
     regulations and rules, including, but not limited to:

     OSHA Guideline Compliance
     1.    Material Safety Data Sheets – Contractor shall furnish to the City’s Aviation
           Department copies of Material Safety Data Sheets (MSDS), for all
           products used, prior to beginning service in any facility. Contractor must update
           copies of the MSDS on an annual basis. In addition, each time a new chemical
           or cleaning product is introduced into any facility, a copy of that product’s MSDS
           must be provided to the Downtown Facilities Division prior to the product being
           used in any facility.

              The Materials Safety Data Sheets must be in compliance with OSHA Regulation
              1910.1200, paragraph g.

     2.       Labeling of Hazardous Materials – Contractor shall comply with the OSHA
              Regulation 1910.1200 paragraph f, concerning the labeling of all chemical
              containers.

     3.       Caution Signs – 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.

     4.       OSHA Guidelines Blood Borne Pathogens – 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.
              Contractor shall be responsible for compliance on date of Contract acceptance
              and shall provide proof to City’s Aviation Department.

     5.       Proof of compliance with OSHA regulation 1910.1200, Hazard Communication,
              shall be provided to the City’s Aviation Department, upon commencement of this
              Contract, and reviewed by the Aviation Department Safety Analyst for
              verification.

     6.       Failure of the Contractor or their employees to comply with all applicable laws
              and rules shall permit the City to immediately terminate resultant Contract without
              liability.

     7.       MSDS Notebooks: Contractor shall maintain on the site a notebook containing
              current (dated within the past three years or verified as most current by
              manufacturer) Material Safety Data Sheets (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.




          Solicitation No. IFB 13-010 (AP)                                     Page 43 of 75
                                                                                  CITY OF PHOENIX
                                                                                 Procurement Division
                                                                               251 W. Washington Street
      SECTION III – SPECIAL TERMS AND CONDITIONS                                       8th Floor
                                                                                  Phoenix, AZ 85003
                                                                                 Phone: (602) 262-7181

      D       Non Hazardous Materials Labeling Specifications
              The Contractor shall clearly label all packaged products, whether or not they are
              classified as Hazardous Materials under this Section. If any such unlabeled containers
              are discovered on the Site, the City of Phoenix’s environmental representative will notify
              the Contractor and Contractor will within one hour clearly label the container or remove it
              from the Site. Any containers that are filled from larger containers must also be labeled.

      E       Offsite Storage of Hazardous Materials
              The City Of Phoenix encourages storage of hazardous materials off site until the
              materials are needed on site. Solvent based strippers and cleaners will NOT be stored
              on City property.

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

      G       Contractor Training Requirements
              The Contractor shall provide requested copies of the company’s written Hazardous
              Communications Program to the City of Phoenix that satisfies requirements listed under
              sections e., f., g., and h. of 29 CFR 1910.1200, Hazard Communications.

      H       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.

35.   CONTACTS WITH THIRD PARTIES
      A. Contractor and its subcontractors shall not contact third parties to provide any information in
         connection to the services provided under this Contract without the prior written consent of
         the City. Should Contractor or its subcontractors be contacted by any person requesting
         information or requiring testimony relative to the services provided under this contract, or any
         other prior or existing contract with the City, Contractor or its subcontractors shall promptly
         inform the City, giving the particulars of the information sought, and shall not disclose such
         information or give such testimony without the written consent of the City or court order. The
         obligations of Contractor and its subcontractors under this Section shall survive the
         termination of this Contract.

      B. Contractor agrees that the requirements of this Section shall be incorporated into all
         subcontracts entered into by Contractor. It is further agreed that a violation of this Section
         shall be deemed to cause irreparable harm that justifies injunctive relief in court. A violation
         of this Section may result in immediate termination of this Contract without notice.

36.   RELEASE OF INFORMATION - ADVERTISING AND PROMOTION
      A. Contractor and its subcontractors 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 Contract, the services, or any part thereof; or (2)any documentation or the
         contents thereof, without the prior written consent of the City, except as required by law. The
         name of any site on which services are performed shall not be used in any advertising or


                 Solicitation No. IFB 13-010 (AP)                                      Page 44 of 75
                                                                                   CITY OF PHOENIX
                                                                                  Procurement Division
                                                                                251 W. Washington Street
      SECTION III – SPECIAL TERMS AND CONDITIONS                                        8th Floor
                                                                                   Phoenix, AZ 85003
                                                                                  Phone: (602) 262-7181

          other promotional context by Contractor or its subcontractors without the prior written consent
          of the City.

      B. Contractor and its subcontractors shall comply with the Aviation Department's "Contractor
         Communication Procedures" available at
         http://skyharbor.com/about/contractcommunicationprocedures.html.

37.   EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENT
      In order to do business with the City, Contractor must comply with Phoenix City Code, Chapter
      18, Article V, as amended, and as specifically prescribed in Exhibit A, Section C.

38.   FEDERAL AFFIRMATIVE ACTION REQUIREMENTS
      Contractor certifies that it is compliant with the Affirmative Action requirements as provided by 14
      C.F.R. Part 152, subpart E. Contractor agrees to comply with the federal Affirmative Action
      requirements during the term of the Contract and Contractor will require its subcontractors to also
      comply with the federal Affirmative Action requirements in effect and as may be amended.
      Failure of Contractor and its subcontractors to maintain compliance during the term of the
      Contract, including renewal options, is a material breach and may result in termination of this
      Contract. See Exhibit A, Section B(8).

39.   SBE/DBE UTILIZATION
      The City extends to each individual, firm, vendor, supplier, contractor and subcontractor an equal
      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.


40.   COMPLIANCE WITH LAWS; SUPPLEMENTAL TERMS AND CONDITIONS
      Contractor shall comply with all existing and subsequently enacted federal, state and local laws,
      ordinances, codes, and regulations that are or become applicable to this Contract. Contractor
      shall also specifically comply with the applicable Supplemental Terms and Conditions that are set
      forth in Exhibit A. If a subsequently enacted law imposes substantial additional costs on
      Contractor, a request for an amendment may be submitted.




                 Solicitation No. IFB 13-010 (AP)                                      Page 45 of 75
                                                                                           CITY OF PHOENIX
                                                                                          Procurement Division
                                                                                        251 W. Washington Street
                      SECTION IV - SCOPE OF WORK                                                8th Floor
                                                                                           Phoenix, AZ 85003
                                                                                          Phone: (602) 262-7181

1.   INTRODUCTION
     The City of Phoenix, Aviation Department (“City” / “Aviation Department”) is seeking bids from qualified
     companies to provide custodial services for a two-year period in accordance with the following
     specifications. Service will commence on or about December 1, 2012. This is an all-inclusive,
     performance based, custodial cleaning service contract. The contractor must adhere to the specifications
     set forth as a minimum, and perform the requirements with expertise, knowledge and capability. The
     Aviation Department reserves the right to adjust service specifications at any time based on
     environmental changes, to accommodate flight schedules or security regulations, or to allow fixture
     changes within the space. The Aviation Department also reserves the right to make changes to service
     delivery and location as requirements dictate by either subtracting or adding locations.

     In an effort to be at the leading edge, the City is committed to providing the highest levels of customer
     service to our customers. In addition, Aviation is dedicated to exceptional customer service and will
     require the successful bidder to perform custodial services in an efficient, customer-friendly, well-run
     manner to meet the needs of our customers. A smooth transition for the initiation of custodial services to
     be provided through the contract resulting from this process is critical to the overall operations of the
     Aviation Department.

2.   GENERAL INFORMATION
     A. The Contractor shall furnish all necessary labor, cleaning supplies, materials, equipment, tools,
        vehicles, uniforms, chemicals, and supervision necessary to satisfactorily perform the work required
        under this contract. The cleaning equipment, product specifications and standards of performance
        listed shall be considered as the minimum requirements to perform acceptable services at the
        facilities listed. Lack of staff or equipment will not be accepted by the City as a reason for failure to
        perform. It is not the City's intent to require a specific brand of supplies or equipment however, the
        City reserves the right to review the Contractor’s proposed cleaning equipment and materials. If they
        do not, in the City's opinion, provide effective sanitation and/or cleanliness of the facilities, the City
        may request alternate cleaning equipment or materials which conform to preferred specifications and
        industry standards. The Contractor shall provide environmentally preferred cleaning products as
        required within this document. The City reserves the right to make exceptions to any criteria within
        this document on a case-by-case basis if no products meeting these criteria can be found that will
        achieve the City’s desired cleaning standard. The City also reserves the right to obtain samples and
        conduct independent testing to verify product effectiveness, compliance with the criteria below, and
        the accuracy of the MSDS.

     B. The Contractor will be responsible for scheduling the daily cleaning to achieve complete facility
         cleanliness and shall develop Management/Operational plans to cover all functions of the custodial
         services and hard floor/carpet cleaning. Additionally, Contractor must respond to all trouble calls
         issued from the work order center, which may include notice of spills, debris, or biohazard cleanup.
         The City reserves the right to approve and make suggested changes to the schedule set up by the
         Contractor. Work shall be scheduled in such a way that it does not disrupt the functions and normal
         day-to-day procedures of the facility and shall in no way interfere with the normal routine of the
         airport’s tenants, airport employees, or the public.

         A Contractor Cleaning Plan must be provided 30 days after award of contract and, once established
         and agreed upon by the City, will become an amendment to the contract. It is expressly understood
         by the Contractor that the intent of this Contract is to supply complete custodial, carpet and hard floor
         cleaning services for all of the locations listed in the solicitation, with the exception of tenant exclusive
         use areas. Further, the Contractor is solely responsible for the cleanliness of the facility at all times.
         Schedules can be changed or modified at the discretion of the contract ADR to meet the needs of the
         Airport.

                       Solicitation No. IFB 13-010 (AP)                                         Page 46 of 75
                                                                                         CITY OF PHOENIX
                                                                                        Procurement Division
                                                                                      251 W. Washington Street
                      SECTION IV - SCOPE OF WORK                                              8th Floor
                                                                                         Phoenix, AZ 85003
                                                                                        Phone: (602) 262-7181

     C. The City will provide hand towels, toilet tissue, hand soaps, sanitary napkins, tampons, trash can
         liners, and toilet seat liners. Contractor shall fill all dispensers. The ADR will issue supplies and
         monitor their use.

     D. The City of Phoenix is to be the sole judge of quality and required frequency of services provided.

3.   AVIATION DEPARTMENT REPRESENTATIVE (ADR)
     The Aviation department representative, (ADR) for this contract is Mr. Joel Walters, Terminal Services
     Manager or designee. Mr. Walters can be reached at (602) 273-2071.

4.   CONTRACTOR'S PERFORMANCE
     A. REQUIREMENTS
        Contractor shall furnish all necessary trained personnel, supervision, scheduling, equipment, tools
        and maintenance, cleaning chemicals, supplies, and other accessories required to perform the
        custodial services at the City facilities designated. All work shall be performed in strict accordance
        with the conditions, provisions, standards, and specifications described herein.

     B. QUALITY AND ACCEPTABILITY OF WORK
        The Terminal Services Manager or designee shall decide all questions which may arise as to the
        quality and acceptability of any work performed under the resultant contract. If, in the opinion of the
        Terminal Services Manager or designee, performance becomes unsatisfactory, the City shall notify
        the Contractor, its authorized representatives, or agents.

     C. CONTACTING THE CONTRACTOR
        The Contractor must be available by telephone anytime during each 24-hour period. The Contractor
        must respond to emergency/special requests within 15 minutes if on site, 1 hour if off site of the
        originating call, including weekends and holidays. The Contractor's telephone number must be free
        of charge for City use.

     D. UNSATISFACTORY CLEANING PERFORMANCE
        Upon notice of unsatisfactory cleaning performance, the Contractor will have a maximum of thirty
        minutes from that time to initiate corrective action in any specific instance of unsatisfactory cleaning
        performance. In the event the Contractor has not responded within the allotted 15 minutes to
        telephone contact, or the Contractor has not initiated corrective action for the unsatisfactory cleaning
        performance within the thirty minute time frame after notification as described above, the City has the
        right to immediately complete the work to its satisfaction, through use of outside Contractor(s) at the
        rate charged to the City plus 20% and shall deduct that amount from any balances due or which may
        become due to the Contractor.

     E. SHORTAGE OF CLEANING SUPPLIES
        Should the Contractor not furnish the proper supplies, the City will make a one-time purchase of the
        needed supplies and charge them against the Contractor's invoice at cost plus 20%. This is not in
        lieu of the Contractor’s responsibility to furnish these supplies in order to conduct business with the
        City of Phoenix. If the Contractor does not provide proper supplies after this action then the
        Contractor will be in danger of default.

     F. APPEAL DEDUCTION, ADJUSTMENT, OR APPLICATION OF LIQUIDATED DAMAGES
        The Contractor may appeal any City determination for deduction of, or adjustment of, or application of
        liquidated damages to monies from the Contractor's invoice. Such an appeal must be in writing to the
        Deputy Finance Director of Purchasing within ten business days from the date of the City's written
        notice of deduction, adjustment, or application of liquidated damages.


                      Solicitation No. IFB 13-010 (AP)                                         Page 47 of 75
                                                                                          CITY OF PHOENIX
                                                                                         Procurement Division
                                                                                       251 W. Washington Street
                       SECTION IV - SCOPE OF WORK                                              8th Floor
                                                                                          Phoenix, AZ 85003
                                                                                         Phone: (602) 262-7181

5.   STAFFING LEVELS
     The contractor shall provide staffing that is in accordance with the specifications set forth in this Invitation
     for Bid. Staffing shall be separate and independent of any other business ventures on the airport
     premises. Employees providing service under this contract shall wear uniforms specifically designated to
     SHIA custodial services. Uniforms must consist of a top with company logo and pants or City approved
     alternate. Employees shall be in an approved uniform that is clean and neat, free from tears, holes,
     frayed edges, and body odor. Employees shall project a professional, neat, and clean appearance at all
     times. Employees shall be courteous and professional towards the public and all other airport personnel.

     The contractor shall be fully staffed from the first day of work under the contract. All personnel shall
     receive close and continuing first-line supervision by the contractor and shall be employees of the
     contractor, day laborers are not acceptable. All contractor employees are required to disclose city
     employee family relationships. Only family relationships with city employees directly involved with the
     administration of this contract are required to be reported. For the purpose of this policy, “relative” is
     defined as; the spouse, child, parent, grandparent, brother or sister and their spouses and the parent,
     brother, sister or child of a spouse. The City reserves the right to ask alternate employment arrangement
     if it is determined that any of these relationships can create an appearance of a conflict of interest.

     The selected contractor’s employees shall be fully trained and skilled in safe and proper custodial and
     carpet cleaning techniques. All contractor employees must be trained and familiar with the types of carpet
     to be cleaned. All employees are required to be trained in compliance of Blood Borne Pathogens/
     Universal Hazards. The contractor shall provide sufficient documentation to demonstrate adequate
     training has been provided and proof of employee vaccinations offered upon the request of the ADR, at
     any time. All employees shall be offered Hepatitis B vaccinations at Contractors expense, with
     documentation.

     5.1     SUPERVISION
             Supervision representing the successful Contractor shall be on site at all times, with one overall
             Facility Manager overseeing the contract. The contractor will be fully responsible for
             management, operation, maintenance and support operations for custodial services and floor
             maintenance. The selected contractor shall provide job descriptions and schedules upon request,
             at any time, during the term of the contract. The Facility Manager will be required for general
             supervision of all terms of this contract and will serve as the main point of contact. Additionally,
             on-site Supervisors will ensure that all work required by this contract is adequately performed and
             satisfies all required specifications. Supervisors shall be assigned to the airport on a regular and
             ongoing basis, shall be onsite at all times while the contractor is performing work, and shall
             provide 24/7 response to the airport, 365 days per year. All lead/supervisory personnel must be
             able to speak, read, and write in English.


     5.2     DAILY MINIMUM STAFFING REQUIREMENTS AND HOURS OF OPERATION
             These are the minimum daily staffing needs required under this contract. Respondents may
             include more staff than these minimums in their bid, but not less.

                            Facility                  Number of             Hours of operation
                                                      personnel
              Terminal 3 Annex                            2            Mon-Fri        5p.m. to 10p.m.
              Operations Center and Annex                 1            Mon-Sun        7a.m.to1:30p.m.
              Fire Station 19                             1            Mon-Fri          8a.m. to Noon
              Police Bureau (Executive)                   1            Mon-Fri        8a.m.to2:30p.m.
              Facilities & Services Complex               2            Mon-Sun        5:30a.m.to2p.m.

                       Solicitation No. IFB 13-010 (AP)                                         Page 48 of 75
                                                                                        CITY OF PHOENIX
                                                                                       Procurement Division
                                                                                     251 W. Washington Street
                        SECTION IV - SCOPE OF WORK                                           8th Floor
                                                                                        Phoenix, AZ 85003
                                                                                       Phone: (602) 262-7181

                South Air Cargo Customs                    1          Mon-Fri 8:30a.m.to1:30p.m.
                Parking Office Building                    2          Mon-Fri    5p.m. to 10p.m.
                CNRP/Train Building                        1          Mon-Fri   7a.m to 1:30p.m.
                Deer Valley Airport                        1          Sun -Sat 11a.m. to 7:30p.m.
                Goodyear Airport                           1          Mon – Fri 7a.m. to 3:30p.m.

               Note: Required quarterly floor work will be accomplished between the hours of 10 p.m. and 6 a.m.

     5.3       SHORTAGE OF HOURS
               The Contractor must provide the minimum daily man-hours listed for each location. The City
               cannot pay for services not rendered. In the event the Contractor does not provide the minimum
               daily man-hours, as outlined in the scope of work, and the City or another Contractor does not
               complete the work as provided in subsection 4-D of this Section, the City will subtract the "value
               of each man-hour" for the shorted hours, or partial hours to the next higher half hour from the
               balance due or that may become due to the Contractor.

6.         EMERGENCY CALLS
           An emergency call is a report of a condition/failure constituting immediate danger to personnel or
           property. This includes, but is not limited to; flooding, plumbing problems that caused flooding,
           leaking ceilings/roofs, and broken water pipes. The contractor shall respond immediately to all
           emergency calls. For circumstances which interrupt or otherwise adversely impact either airport
           operations or property occupant operations, the contractor will respond within 30 minutes of
           notification, with appropriate equipment, and remain on the job until the problem has been resolved or
           ADR gives permission to leave.

7.         SAFETY, SECURITY, ACCIDENT AND FIRE PROTECTION
           The contractor will ensure that all activities on the property that are conducted, supervised, managed
           or caused to occur by the selected contractor comply fully and completely with all applicable code and
           regulatory requirements for personnel and workplace safety, security, accident prevention and fire
           safety. This includes following all OSHA laws as well as any other applicable local, state, or federal
           safety laws in carrying out the requirements of this contract. Any safety violations must be corrected
           immediately.

           The contractor shall provide all protective devices and equipment required by the nature of the work
           including but not limited to eye and hearing protection, hazardous materials handling and protective
           equipment.

           The selected contractor will be responsible for instructing personnel in safe work habits and
           requirements. The selected contractor will also post copies of Material Safety Data Sheets, (MSDS)
           for all chemicals used in the property at the appropriate location and submit for approval all MSDS
           sheets to the ADR for approval prior to use in the airport. The selected contractor will be responsible
           for ensuring all chemical bottles are properly labeled.

           The selected contractor will be responsible for submitting a safety plan within ten-(10) days after
           award of the contract. The selected contractor will implement programs to ensure that they comply
           with local, State and Federal regulations and other regulatory agencies.




                        Solicitation No. IFB 13-010 (AP)                                      Page 49 of 75
                                                                                     CITY OF PHOENIX
                                                                                    Procurement Division
                                                                                  251 W. Washington Street
                   SECTION IV - SCOPE OF WORK                                             8th Floor
                                                                                     Phoenix, AZ 85003
                                                                                    Phone: (602) 262-7181

8.    CUSTOMER SERVICE
      The contractor is expected to maintain excellent customer service at all times. Passenger
      comfort, safety and assistance shall be a primary goal at all times.

      The contractor shall implement a complaint resolution procedure and a thorough quality assurance
      program for measuring results and shall identify inefficiencies in cleaning duties and report to the
      ADR. Contractor shall provide emergency service 24 hours per day 7 days per week; effectively
      communicate potential problems; and identify and report all building maintenance issues as soon as
      possible to the ADR. The contractor shall monitor, answer and respond to all radio or cell phone calls
      24 hours per day 7 days per week.

9.    CONTRACT REASSIGNMENTS
      The awarded Contractor may not assign, subcontract, sell or franchise all or any part of the contract
      without the express written approval of the Deputy Finance Director.

10.   EMPLOYEE STRIKES
      If any type of strike, boycott, picketing, work stoppage, slowdown or other labor activity is directed
      against the Contractor at the City of Phoenix facilities, which results in the curtailment or
      discontinuation of services performed hereunder, the City shall have the right during such period to
      perform the services of the Contractor using such materials or equipment used by the Contractor, the
      use of which will be reimbursed to the Contractor, less wear and tear.

11.   EQUIPMENT AND VEHICLES
      All equipment or vehicles used in the performance of this contract must be approved by the ADR.
      Cleaning equipment utilized in the performance at the start up of this contract must be either new or
      have been in service no more than 1 year. All cleaning equipment must be replaced after its second
      year of service so as to ensure maximum functionality. Equipment must be of the size and type
      customarily used in work of this kind. Any equipment used by contactor must be visibly labeled with
      contractor’s company name. Bidders must complete the equipment list, Attachment A, and indicate
      the manufacturer, model, age and amount of equipment that they have available for use under this
      contract. The successful contractor will have a repair program in place for preventative maintenance
      and repair of broken equipment. The contractor will ensure that an appropriate number of machines
      are in working order each night to perform the cleaning tasks required. Lack of equipment will not be
      accepted as a reason for services not to be performed.

12.   EQUIPMENT
      The city’s policy is to reduce the impact of cleaning operations on indoor air quality and has instituted
      the following requirements for all new cleaning equipment used by janitorial service contractors in the
      facility:

      •   All vacuum cleaners are certified by the Carpet & Rug Institute’s “Green Label” Testing Program
          for vacuum cleaners and operate at less than 70 dBA.
      •   Carpet extraction equipment used for restorative deep cleaning is certified by the Carpet and Rug
          Institute’s “Seal of Approval” Testing Program for deep-cleaning extractors.
      •   Powered floor maintenance equipment, including electric and battery-powered floor buffers and
          burnishers, is equipped with vacuums, guards and/or other devices for capturing fine particulates
          and operate with a sound level of less than 70 dBA.
      •   Corded equipment shall not be plugged in to charging station courtesy outlets in the public areas
          of the Airport.



                   Solicitation No. IFB 13-010 (AP)                                       Page 50 of 75
                                                                                        CITY OF PHOENIX
                                                                                       Procurement Division
                                                                                     251 W. Washington Street
                   SECTION IV - SCOPE OF WORK                                                8th Floor
                                                                                        Phoenix, AZ 85003
                                                                                       Phone: (602) 262-7181

      •   Contractor employees shall not connect multiple extension cords together (daisy-chain) when operating
          corded equipment. If any power outlet is found to be de-energized, in the performance of attempting to use
          the outlet, it is to be reported to the ADR immediately.
      •   Powered equipment is ergonomically designed to minimize vibration, noise, and user fatigue.
      •   Equipment is designed with safeguards, such as rollers or rubber bumpers, to reduce potential
          damage to building surfaces.
      •   No propane-powered cleaning equipment shall be used inside buildings.

      Storage areas will be provided at the airport for contractor’s equipment. Storage areas must be
      maintained in a clean and safe manner and are subject to inspection by the ADR at any time. All
      equipment will be subject to monthly inspections by the ADR or Contract Compliance Specialist and
      repairs are the responsibility of the contractor.

      Vehicles that will be driven on the airfield must be equipped with a proper strobe light, company logo,
      current vehicle registration and insurance documentation.

13.   DEFAULT
      Repeated incidents of unsatisfactory cleaning performance, shortage of hours, or failure to comply
      with other terms of the contract will result in a recommendation for termination for default.
      Termination for default of any portion of the contract shall result in termination of the entire contract
      for default.

14.   LOSS OF MATERIALS
      The City does not assume any responsibility, at any time, for the protection of or for loss of materials,
      from the time that contract operations have commenced until final acceptance of the work by the
      project manager.

15.   ADDITIONAL CITY REQUESTED CUSTODIAL SERVICES
      A. In the event that other custodial services, in addition to or separate from the services specified
         herein may be deemed necessary, the Contractor may be requested to perform the additional or
         special service. The Contractor will be reimbursed by the City on the basis of the hourly labor
         rate specified by the Contractor in Section V, Submittal Schedule.

      B. Special or additional floor care work which may include, but is not limited to, stripping, top
         scrubbing, and finishing, may be requested and performed separately from and in addition to the
         daily required man-hours. Such services must be pre-approved by the ADR or designee.
         Contractor will be compensated by the City on the basis of the hourly rate specified by the
         Contractor in Section V, under additional work.

16.   COMMUNICATION DEVICES/CELL PHONES
      Contractor shall provide communication devices to each shift lead. All related fees and charges are
      the responsibility of the Contractor

17.   INSPECTIONS
      A. The ADR or Contract Compliance Specialist will conduct random inspections of the area(s)
         covered under this contract.

      B. The Contractor supervisor or designee may be required to participate in a joint inspection of each
         location with the ADR or Contract Compliance Specialist.



                   Solicitation No. IFB 13-010 (AP)                                           Page 51 of 75
                                                                                   CITY OF PHOENIX
                                                                                  Procurement Division
                                                                                251 W. Washington Street
                   SECTION IV - SCOPE OF WORK                                           8th Floor
                                                                                   Phoenix, AZ 85003
                                                                                  Phone: (602) 262-7181

18.   DAILY REPORT LOG/TIME CARDS
      A. DAILY REPORT LOG
         Daily Report Log will be on site and must include the following minimum information:
         1. Signature and date of all employees including floor crew, supervisors and other Contractor
              representatives. All Contractor employees must log in and out individually on the Daily
              Report log. Employees must log in and out for lunch periods. All minimum daily man-hour
              requirements and man-hours must be documented entries made as described herein. All
              entries must be legible for man-hour verification. At no time will an error be obliterated. All
              obliterated entries will be considered as no hours worked. Failure to comply will result in
              non-payment of man-hours worked and also constitutes grounds to terminate the
              Contractor's contract with the City. Contractor will immediately terminate the offending
              employee's work assignment and access to City buildings relating to any contracts resulting
              from this solicitation.
         2. Corrections on daily report log will consist of a single line through the error and initialed by
              the contract supervisor.
         3. Discrepancies from the routine work scheduled and an explanation of the circumstances
              involved.
         4. Any property or equipment not in a serviceable or operating condition, listed by description
              and location.
         5. Damage, vandalism or broken windows, listed by description and location.
         6. Any problems and/or complaints of a minor nature, or similar isolated incidences, may be
              handled directly between the Contractor’s supervisor and the ADR or Contract Compliance
              Specialist. A summary of the incident and resolution will be contained in the daily report log.

      B. TIME CARDS
         Automatic time clock(s) will be provided and maintained by the Contractor at sites designated by
         the ADR or Contract Compliance Specialist. Hourly Contractor employees will have a time card
         with their full name printed in the space provided at the top of the card. Each person will be
         responsible for punching their time card at beginning of shift, out for lunch, in from lunch (where
         applicable), and at end of each shift. All entries must be legible for man-hour verification.
         Corrections on time cards will consist of a single line through the error and initialed by the
         contract supervisor. At no time will an error be obliterated. All obliterated entries will be
         considered as no hours worked. Failure to comply will result in non-payment of man-hours
         worked and is grounds to terminate the contract with the City. Contractor will immediately
         terminate the offending employee's work assignment and access to City buildings relating to any
         contracts resulting from this solicitation.

      C. In addition, access recording devices, security alarm reports and any other man-hour time
         recording device may be used by the City for man-hour and man-hours that comprise a routed
         schedule verification and will be treated the same as Daily Report Log forms and time cards and
         may supersede said Daily Report Log forms and time cards.

19.   TIME IS OF THE ESSENCE
      Because the City is providing services which involve the health, safety, and welfare of the general
      public, delivery time is of the essence. Delivery must be made in accordance with the delivery
      schedule promised by the Contractor.

20.   SAMPLES
      The bidder may be required to furnish a list of products and equipment to be used at the facilities
      covered under this contract. Any sample(s) submitted shall create an express warranty that the
      whole of the goods/services shall conform to the submittal. All samples become the property of the
      City unless designated otherwise by the Contractor.

                   Solicitation No. IFB 13-010 (AP)                                      Page 52 of 75
                                                                                           CITY OF PHOENIX
                                                                                          Procurement Division
                                                                                        251 W. Washington Street
                    SECTION IV - SCOPE OF WORK                                                  8th Floor
                                                                                           Phoenix, AZ 85003
                                                                                          Phone: (602) 262-7181

21.   TELEPHONE USE
      A list of emergency telephone numbers shall be maintained at the work locations by the
      Contractor and will include the Police and Fire Departments.

      Personal cell phone, music, media, or video playing devices use by contractor employees is prohibited while
      performing duties under this contract. Telephone calls from all types of phones are restricted to breaks and
      lunches. Emergency calls will be placed and received at designated telephones to be determined by the
      ADR and the contractor.

22.   STORAGE SPACE
      A. The Contractor may store supplies, materials and equipment in a storage area on the City of
         Phoenix facility premises designated by the ADR or Contract Compliance Specialist. The
         Contractor agrees to keep its portion of this storage area in accordance with all applicable fire
         regulations. The use of City storage facilities will be on a space available basis and subject to the
         approval of the ADR or Contract Compliance Specialist.

      B. No materials or equipment will be stored or temporarily set in restrooms or other spaces
         accessible to the public.

      C. Hazardous chemicals such as solvent based strippers and cleaners will not be stored on City property.

      D. If storage is in an electrical closet, a minimum of thirty-six inches shall be provided in front of all
         electrical panels. The width shall be a minimum of thirty inches or the width of the panel. The
         width of working space in front of the electrical equipment shall be the width of the equipment or
         thirty inches or whichever is greater. In all cases, the work space shall permit at least a ninety
         degree opening of equipment doors or hinged panels.

23.   RECYCLING PROGRAM
      All City departments have been mandated to participate in the recycling program, therefore,
      appropriate size and clearly marked containers will be situated throughout the facility. The Contractor
      will empty these containers. Depending on the facility, Contractor shall be required to move and/or
      empty 100 gallon blue recycling containers to and/or from designated areas.

24.   ADDITIONS, DELETIONS, CHANGES
      The City reserves the right to add, delete, or change items or portions thereof with a thirty (30) day
      notice to the Contractor. Additions and deletions will result in added or deleted cost to the service fee
      in keeping with the bid prices of that item or like item. Such additions, deletions, or changes shall not
      invalidate the contract; and the Contractor agrees to perform the work as altered, the same as if it had
      been part of the original agreement.

25.   SAFETY MEASURES
      A. The Contractor must certify that all employees and representatives are trained to recognize and
         understand the Universal Safety Symbols.

      B. All employees and representatives of the contract should be fluent in English. However, for better
         communication between the Contractor and the employees, the Contractor may provide the following
         information to employees in both English and their native language.
         1.       Material Safety Data Sheets.
         2.       Labels on and for all containers.
         3.       Post custodial instructions and schedules.


                    Solicitation No. IFB 13-010 (AP)                                              Page 53 of 75
                                                                                       CITY OF PHOENIX
                                                                                      Procurement Division
                                                                                    251 W. Washington Street
                   SECTION IV - SCOPE OF WORK                                               8th Floor
                                                                                       Phoenix, AZ 85003
                                                                                      Phone: (602) 262-7181

      C. The Contractor must ensure that all employees are trained in evacuation procedures.                    All
         employees will participate in fire or other facility evacuations.

26.   QUARTERLY REVIEW
      A management representative of the Contractor may be required to attend a quarterly compliance
      review with the ADR or Contract Compliance Specialist. The Contractor will be notified of the exact
      time and place of each meeting

27.   ALTERATION OF WORK
      The City reserves the right to make alterations in specific work hours as necessary or desirable.
      Such changes shall not invalidate the Contract nor release the surety and the Contractor agrees to
      perform the work as altered, the same as it had been a part of the original Contract. The City will
      make arrangements to cover unforeseen circumstances, which make it impossible to carry out the
      work in accordance with the original Contract plans and specifications.

28.   END OF CONTRACT REVIEW
      Approximately ten working days prior to the end of the contract, the Contractor's representative and
      the City representative will schedule a walk through inspection of the facilities to review cleanliness.
      If the cleanliness level of a facility is below that of the cleanliness standards established by the terms,
      conditions, and provisions of the contract, the City will hold the last monthly payment for that facility
      until the cleanliness standards are met.

29.   LOCATION SPECIFICATIONS
      This contract is for various outlying facilities in and around Phoenix Sky Harbor International Airport.
      These facilities house a variety of internal City of Phoenix personnel or related supporting staff and
      entities for the Airport. These facilities include:

      Terminal 3 Annex Building – 3420 E Sky Harbor Blvd.
      Operations Center and Annex – 3300 E Sky Harbor Blvd
      Fire Station 19 – 3547 E Sky Harbor Blvd
      Police Bureau (Executive Terminal) – 2908 E Sky Harbor Blvd
      Facilities & Services Complex – 2515 E Buckeye Rd
      South Air Cargo Customs Office – 3002 E Old Tower Rd
      Parking Office Building – 2114 E Sky Harbor Circle South
      CNRP/Train Offices Building – 500 S 24th Street
      Deer Valley Airport – 702 W Deer Valley Rd
      Goodyear Airport – 1658 S Litchfield Rd (Goodyear)

30.   CLEANING STANDARDS
      The following standards shall be applied to all cleaning tasks herein as a minimum by the ADR in
      evaluating custodial service:

      30.1    Dusting
              A properly dusted surface is free of all dirt and dust, streaks, lint and cobwebs. Dusting will
              be accomplished with properly treated cloths and apparatus. All surfaces up to eight feet
              should be dusted. All sensitive and electronic surfaces will be avoided.

      30.2    Plumbing Fixtures and Dispenser Cleaning
              Plumbing fixtures (i.e. toilets, sink basins, urinals, faucets, etc.) and dispensers are clean
              when free of all deposits and stains so that the item is left without dust, streaks, film, odor or
              stains and has a bright and uniform appearance. Care shall be taken to ensure that cleaning
              chemicals do not harm, dull or mar chrome finishes and do not scratch porcelain fixtures.

                   Solicitation No. IFB 13-010 (AP)                                         Page 54 of 75
                                                                                    CITY OF PHOENIX
                                                                                   Procurement Division
                                                                                 251 W. Washington Street
             SECTION IV - SCOPE OF WORK                                                  8th Floor
                                                                                    Phoenix, AZ 85003
                                                                                   Phone: (602) 262-7181

30.3    Sweeping
        A properly swept floor is free of all dirt, dust, gum, grit, lint and debris.

30.4    Vacuuming
        Carpet is to be free from soil and debris. The vacuumed fibers should be cleaned so as to
        protect pile from matting (preferably using a machine with brushing action). Effective
        vacuuming requires multiple, slow deliberate passes to ensure the removal of soil and dust at
        and/or below the carpet surface. Contractor will be required to use approved commercial
        motor driven vacuums with bristle beater bars and HEPA filtered exhaust apparatus. Back
        pack vacuum cleaners will be allowed only for detailing work.

30.5    Spot Cleaning
        A surface adequately spot cleaned is free of all stains, deposits, and is substantially free of
        cleaning marks and left with a bright and uniformly clean appearance.

30.6    Damp Mopping
        A satisfactorily damp mopped floor is free of dirt, dust, marks, film, streaks, debris or standing
        water.

30.7    Metal Cleaning
        All cleaned metal surfaces are without deposits or tarnish and with a uniformly bright
        appearance, free from spots, smudges and streaks. Cleaning agent is to be removed from all
        adjacent surfaces.

30.8    Glass Cleaning
        Glass is clean when all glass surfaces are without streaks, film, deposits, and stains and
        have a uniformly bright appearance and adjacent surfaces, including mullions, have been
        wiped clean. The cleaning work shall be accomplished with the least possible interference to
        airport passengers and operations. Dark or tinted glass is to be included in cleaning service.

30.9    Floor Finish Removal (Stripping)
        Removal is accomplished when surfaces have all finish removed down to the flooring
        materials, are free of all dirt, stains, deposits, debris, cleaning solution and standing water,
        and the floor has a uniform appearance when dry. Plain water rinse and pick-up must follow
        finish removal operation immediately. Care is to be taken to clean window ledges, mullions,
        base boards, and other adjacent areas.

30.10   Finished Floor (Application)
        A floor is satisfactorily finished when all old wax/polish has been completely removed,
        including in corners and along edges and sufficient coats of sealer and wax/polish have been
        properly applied with enough drying time between each coat to assure no streaking, bubbling,
        or yellowing.

30.11   Scrubbing
        Scrubbing is satisfactorily performed when all surfaces are without embedded dirt, cleaning
        solution, film, debris, stains and marks, or standing water, and floor has a uniformly clean
        appearance. Method used must be sufficient to clean all grout and/or uneven floor surfaces.
        A plain water rinse must follow the scrubbing process immediately.




             Solicitation No. IFB 13-010 (AP)                                           Page 55 of 75
                                                                                 CITY OF PHOENIX
                                                                                Procurement Division
                                                                              251 W. Washington Street
             SECTION IV - SCOPE OF WORK                                               8th Floor
                                                                                 Phoenix, AZ 85003
                                                                                Phone: (602) 262-7181

30.12   Buffing of Finished Floor Surfaces
        All finished floor areas will buffed to an acceptable sheen with an acceptable floor buffer or
        burnisher. Floors will also be spray buffed as needed to sufficiently maintain maximum gloss,
        removal of surface dirt and uniform appearance. Only non-skid and City approved spray-buff
        products shall be used. High speed buffing is acceptable using restorer.

30.13   Wall Washing
        After cleaning, the surfaces of all walls, ceilings, exposed pipes and equipment will have a
        uniformly clean appearance, be free from dirt, stains, streaks, lint and cleaning marks.
        Painted surfaces must not be unduly damaged. Hard finish wainscot or glazed ceramic tile
        surfaces must be bright, free of film streaks and deposits.

30.14   Spot Cleaning Carpets
        A carpet adequately spot cleaned is free of all stains, deposits, gum, and spills, leaving a
        uniform appearance. Care will be taken to use a product that will not harm the carpet fibers
        and will ensure complete surface removal. Adjacent surfaces will be protected or cleaned
        following the spot removal operation.

30.15   Garage/Stairwells/Sidewalks/Curb Areas
        Concrete, curb, sidewalk, and crosswalk areas are to be swept of all dirt/dust. Pick up litter,
        cigarette butts and debris, including all surrounding areas. Clean all ashtrays to include
        receptacles located at all entrances. Sift out cigarette butts from sand containers, and pick
        up all debris in smoking areas. Remove all chewing gum and embedded soiling. All sidewalk
        gutters are to be cleaned and free of dust and debris. All exterior curb, sidewalk, garage, and
        stairwell areas under the contractor’s responsibility are to be maintained free of all litter, dust,
        dirt, rocks, mud, etc.

30.16   Graffiti Removal
        Graffiti is to be removed from surfaces on the outside and inside of the facility building and
        items located on the facility grounds. Care is to be taken to maintain the original surface
        where graffiti appeared. Graffiti is to be removed as soon as it is discovered and/or reported.

30.17   Entrance Areas
        Outside debris is to be swept up and put in the trash and not left in the planters or the
        driveway. Gum and spills are to be removed daily. Spot clean doors and doorframes.

30.18   Restrooms
        Waste receptacles are to be emptied and spot cleaned. Clean all surfaces of basins, bowls,
        toilet seats, and urinals with germicidal detergent. Clean empty restroom dispensers and refill
        with supplies. Wash and polish mirror, basin shelves/counters. Spot clean light switches,
        doors and walls. Clean and polish all restroom stainless steal partitions.

30.19   Break Rooms
        Wipe clean and sanitize all counter tops, refrigerators (exterior), tables, chairs, cabinets,
        (exterior), coffee makers (exterior), vending machines, microwave ovens (exterior), exterior of
        trash receptacles, paper towel dispensers.

30.20   Waste Receptacles
        Waste receptacles are to be emptied and spot cleaned as needed to maintain safe and
        sanitary conditions. Liners are to be replaced at each emptying of the receptacle.
        Periodically, all receptacles are to be thoroughly cleaned, inside and out as needed with
        germicidal detergent.

             Solicitation No. IFB 13-010 (AP)                                          Page 56 of 75
                                                                                    CITY OF PHOENIX
                                                                                   Procurement Division
                                                                                 251 W. Washington Street
                   SECTION IV - SCOPE OF WORK                                            8th Floor
                                                                                    Phoenix, AZ 85003
                                                                                   Phone: (602) 262-7181

      30.21   Office and Administrative Area
              Waste receptacles are to be emptied, spot cleaned and liners replaced as required.
              Recycling containers are to be emptied daily. Non-carpeted floors are to be Swept/dust
              mopped. Carpeted floors vacuumed and spot clean all carpets to remove stains, deposits,
              gum, and spills. All shelves, counters, cabinets and cases are to be free of accumulated dust
              and debris. Wipe clean all tables, desks, counters, chairs and chair legs. Spot clean all hard
              surface walls to hand height to remove fingerprints, dust, soil, etc. Leave all areas as found
              with regards to occupant’s personal effects and work items.

      30.22   Elevators and Adjacent Areas
              All interior and exterior walls, floors, doors, ceilings, switches, buttons, controls and
              equipment will have a uniformly clean appearance, free from dirt, dust, stickers, stains,
              streaks, lint and cleaning marks. Floors are to be maintained according to standards for
              carpet and/or hard surface materials. Metal and bright work is to be maintained in accordance
              with standards listed herein. All adjacent areas are to be left free of residue and spotting
              following cleaning procedures. Elevator and adjacent areas are to be maintained as needed
              to ensure acceptable appearance at all times.

      30.23   Escalators, Moving Walkways and Adjacent Areas
              All interior and exterior areas, cladding, glass, treads and risers, landings, handrails,
              switches, buttons, controls and related equipment will have a uniformly clean appearance,
              free from dirt, dust, stickers, stains, streaks, lint and cleaning marks and be maintained in
              accordance with standards listed herein. Adjacent floor areas are to be maintained according
              to standards for carpet and/or hard surface materials. Metal and bright work is to be
              maintained in accordance with standards listed herein. All adjacent areas are to be left free of
              residue and spotting following cleaning procedures. Escalators and adjacent areas are to be
              maintained as needed to ensure acceptable appearance at all times.

      30.24 Pressure Washing
             All areas should be swept of loose debris before pressure washing begins. The contractor will
             ensure that no applied cleaning solution will enter the storm drain system of the airport. The
             contractor will provide a sufficient number of barricades, traffic cones and slip hazard signs
             for each area being pressure washed to adequately protect public and/or passers by. The
             process used by the contractor must leave the area clean and free of stains. All embedded
             materials including chewing gum must be removed. All benches and garbage containers
             located within any cleaning area are to be cleaned. All adjacent areas to the work areas must
             be left clean and spot-free following service.

      30.25 Street and Parking Area Sweeping
             All exterior street and curb areas under the contractor’s responsibility are to be maintained
             free of litter, dirt, rocks, and debris, etc. Concrete and asphalt street, roadway, and drive
             aisle, and parking stall areas are to be mechanically swept of all dirt/dust as needed to
             maintain a clean and safe roadway system. All litter, cigarette butts and debris, including all
             surrounding areas all sidewalk gutters are to be cleaned and free of debris. All exterior areas
             under the contractor’s responsibility are to be maintained litter-free.

31.   FLOOR MAINTENANCE
      The Contractor shall provide all carpet and hard floor cleaning products and equipment. It is not the
      City's intent to require a specific brand of product or equipment; however, the City reserves the right
      to review the Contractor’s proposed cleaning equipment and materials. If the Contractor's cleaning
      equipment or products do not, in the City's opinion, provide effective sanitation and/or cleanliness of
      the facilities, the City may request alternate products/equipment.

                   Solicitation No. IFB 13-010 (AP)                                       Page 57 of 75
                                                                                       CITY OF PHOENIX
                                                                                      Procurement Division
                                                                                    251 W. Washington Street
                   SECTION IV - SCOPE OF WORK                                               8th Floor
                                                                                       Phoenix, AZ 85003
                                                                                      Phone: (602) 262-7181

      The Contractor shall schedule the daily floor cleaning requirements to achieve complete facility
      cleaning. The City reserves the right to approve and make suggested changes to the schedule. Work
      shall be scheduled in such a way that it does not disrupt the functions and normal day-to-day
      procedures of the facility. An established Contractor Cleaning Plan will become an addendum to the
      contract. Changes to the Cleaning Plan shall be mutually agreed upon by both parties.

      Equipment must be in good repair at all times. The ADR or designee will inspect equipment regularly.
      Contractor must strain water from machines prior to water being poured down any sink drain. In
      addition, do not remove any floor drains in any sink. Contractor will incur charges if carpet fibers are
      the cause for any clogged drains.

      All chemicals and procedures must be approved by the ADR. If the end result is obviously below
      standards and the discrepancy is caused by improper procedures or materials used, then it is the
      selected contractor’s responsibility to correct the deficiency in a reasonable time, usually 24 hours.
32.   CARPET
      These standards are not to be construed as complete. Any items not specifically included, but found
      necessary to properly care for carpets, shall be included as though written into these specifications.
      Carpets shall be maintained in such a manner as to promote longevity and shall be left in a clean,
      orderly and safe condition. Daily spot removal of carpets / hard floor in all airport areas is required
      every night by the selected contractor to assure a visibly clean surface. The contractor shall ensure
      that all stains, gum, food, debris, sticky substances, vomit, trash, bio-hazard spills, and other
      substances are removed from the carpet each night. Stains that cannot be removed from a surface,
      or damaged carpet shall be reported to the ADR weekly, in writing including a description and
      location.

      Vacuuming
      Carpet is to be free from soil and debris. Settees, waste receptacles and non-stationary objects shall
      be moved to expose entire floor surface and replaced after floor is vacuumed. The vacuumed fibers
      should be cleaned to protect pile from matting (preferably using a machine with brushing action).
      Effective vacuuming requires multiple, slow deliberate passes to ensure the removal of soil and dust
      at and/or below the carpet surface. Pile lifting is a supplement to cleaning in high traffic areas and is
      required in all terminals. The selected contractor shall vacuum/clean interior and exterior walk-off
      mats. After vacuuming or cleaning, the mats shall be free of all visible lint, litter and soil. Carpet style
      entrance mats shall be vacuumed to remove soil and dirt and to restore resiliency of the carpet pile.
      Rubber or polyester entrance mats shall be swept, vacuumed or hosed down and then dried to
      remove soil and grit. Soil underneath entrance mats shall be removed and mats returned to their
      normal location.

      Vacuums: The selected Contractor is required to use a commercial grade, motor driven vacuums with
      HEPA filtered exhaust or equipment that meet these standards along with a bristle beater bar to be
      used exclusively in all carpeted areas. Back pack vacuums are only to be used in areas of detailing.

      Spot Cleaning
      A carpet adequately spot cleaned is free of all stains, deposits, gum, and spills, leaving a uniform
      appearance. Care will be taken to use a product that will not harm the carpet fibers and ensure
      complete surface removal and adjacent surfaces will be protected or cleaned following the spot
      removal operation. Pre-spray the spots to be cleaned with properly diluted cleaning solution, hand
      brush, then soak up excess liquid.




                   Solicitation No. IFB 13-010 (AP)                                          Page 58 of 75
                                                                                       CITY OF PHOENIX
                                                                                      Procurement Division
                                                                                    251 W. Washington Street
                   SECTION IV - SCOPE OF WORK                                               8th Floor
                                                                                       Phoenix, AZ 85003
                                                                                      Phone: (602) 262-7181

      Carpet Cleaning
      Upon completion of routine work, carpet shall be free of dirt, dust and shall present a uniform and
      bright appearance when dry. Settee’s, waste receptacles and non-stationary objects shall be moved
      to expose entire carpet surface and replaced after floor is dry.

      The approved method for cleaning of carpeted areas shall be:
      Remove any large debris
      Vacuum the area
      Pre-spray the area to be cleaned with properly diluted cleaning solution
      Extract using only water
      In heavily soiled areas, a carpet brush on a 175 rpm side-by-side machine can be used to help loosen
      dirt.

      The end result of all carpet cleaning procedures is to leave all carpet fibers free of dust, dirt soil, gum,
      cleaning agents, and removable stains. Carpet shall be fresh smelling and uniform in brightness and
      overall appearance. Care shall be taken to avoid damaging carpet fibers irrespective of the method of
      carpet cleaning employed. Carpets shall present a uniformly clean appearance and show no
      evidence of surface spoilage or spotting. The pile shall stand erect and the color shall be bright. All
      cleaning solutions shall be removed from baseboards, furniture, trash receptacles, chairs, and other
      similar items. The selected contractor is responsible for moving and replacing all furniture and small
      items in the area to be cleaned. Carpet odors are to be removed, and carpet is to be left smelling
      fresh and clean. All carpet coverings shall be dry by 5:00 a.m. Contractor must strain water from
      machines prior to water being poured down any sink drain. In addition, do not remove any floor drains
      in any sink. Contractor will incur charges if carpet fibers are the cause for any clogged drains.

33.   HARD FLOORS
      These standards are not to be construed as complete. Any items not specifically included, but
      found necessary to properly care for all hard floor surfaces, shall be included as though written into
      these specifications. Hard floors shall be maintained in such a manner as to promote longevity and
      shall be left in a clean, orderly and safe condition. The end result of all hard floor cleaning procedures
      is to leave all surfaces free of dust, dirt soil, gum, cleaning agents, and all removable stains. Care
      shall be taken to avoid damaging any hard floor surfaces irrespective of the method of cleaning
      technique employed. Hard floor surfaces which have been swept, mopped, or cleaned with an auto
      scrubber shall present a uniformly clean appearance with no evidence of surface spoilage or spotting.
      Floor should be dry prior to any metal objects being placed back on the floor so as not to allow any
      rust to form on the floor. All cleaning solutions shall be removed from baseboards, furniture, trash
      receptacles, chairs, and other similar items. The selected contractor is responsible for moving and
      replacing all furniture and small items in the area to be cleaned.

      Sweeping
      A properly swept floor is free of all dirt, dust, grit, lint and debris. All hard floors shall be swept each
      night, including sweeping under all furniture, behind plants, machines, waste receptacles, etc.
      Stanchions in the checkpoint areas should be moved and placed back in the same configuration as
      before work began.

      Damp Mopping
      A satisfactorily damp mopped floor is free of dirt, dust, marks, film, streaks, debris or standing
      water. Settee’s, waste receptacles and non-stationary objects need to be moved to expose floor
      surface to be cleaned and moved back to former location after floor is dry.




                   Solicitation No. IFB 13-010 (AP)                                          Page 59 of 75
                                                                                      CITY OF PHOENIX
                                                                                     Procurement Division
                                                                                   251 W. Washington Street
                   SECTION IV - SCOPE OF WORK                                              8th Floor
                                                                                      Phoenix, AZ 85003
                                                                                     Phone: (602) 262-7181

      Auto Scrubber
      When cleaning with an auto scrubber extra time needs to be considered for detail mopping of
      corners, edges, around furniture, plants etc. and picking up any water left behind from the machine.

34.   MINIMUM CLEANING FREQUENCIES
      Typical services need to be completed at all locations, per the following frequencies, unless
      designated otherwise. This listing may not be all-inclusive and it is the responsibility of the successful
      respondent to maintain all areas of the facilities to the standards listed herein at all times. The intent
      of this contract is that the Contractor will be solely responsible for the cleanliness of the
      facility at all times.

      34.1    WORK TIME DESIGNATIONS
              Unless designated otherwise, the following time schedules are applicable:
              A. Three times daily – work to be performed once per shift.

              B. Two times daily - work to be performed once during day shift and once during evening
                 shift.

              C. One time daily - daily work to be performed each day at Contract Compliance Specialist
                 discretion.

              D. Once per week (weekly) - work to be performed once per week at Contract Compliance
                 Specialist discretion with a minimum of four days apart.

              E. Bi-Weekly in all cases is twice per week

              F. Twice per week - work to be performed twice per week at Contract Compliance Specialist
                 discretion with a minimum of two days apart.

              G. Three times per week - work to be performed on Monday, Wednesday and Friday.

              H. Once per month (monthly) - work to be performed once per month with a minimum of
                 three weeks apart.

              I.   Twice per month - work to be performed twice per month with a minimum of two weeks
                   apart.

              J.   Once per contract year (yearly) – work to be performed once per contract year within the
                   first 60 days of each twelve month period.

              K. Twice per contract year – work to be performed twice per contract year with the first work
                 to be performed within the first sixty days and at six months thereafter of each twelve
                 month period.

              L. Four times per contract year (quarterly) – work to be performed at approximately ninety
                 day intervals with the first work to be performed within the first thirty days of each contract
                 year.

              M. As needed - determined by Contract Compliance Specialist.




                   Solicitation No. IFB 13-010 (AP)                                        Page 60 of 75
                                                                         CITY OF PHOENIX
                                                                        Procurement Division
                                                                      251 W. Washington Street
            SECTION IV - SCOPE OF WORK                                        8th Floor
                                                                         Phoenix, AZ 85003
                                                                        Phone: (602) 262-7181

34.2   CLEANING TASKS AND GENERAL FREQUENCIES
       The following standards are intended to be included as the acceptable minimum level of
       service. Frequencies set forth in these specifications are meant to be working guidelines.
       The City of Phoenix reserves the right to add/remove or adjust specifications to meet the
       changing needs of the facilities. The ADR reserves the right to change the cleaning
       frequency, as deemed necessary and will measure the selected contractor’s performance.

       Carpeted Floors                                                   Frequency
       Vacuum all carpet (including under desks, tables, chairs)         Daily (D)
       Spot clean carpet                                                 Daily (D)
       Remove Gum                                                        Daily (D)
       Carpet cleaning                                                   Quarterly (Q)

       Stainless Steel
       All kick plates, doors, partitions, restroom fixtures,            Daily (D)
       Flight display stands, railing caps, all metal trim
       Clean and polish (leaving no streaks).

       Hard Floor Surfaces
       Wet Mop/Damp mop/Auto Scrub                                       Daily (D)
       Sweep/Dust Mop                                                    Daily (D)
       Remove gum                                                        Daily (D)

       Finished floor surfaces –
       Burnish/buff                                                      Monthly (M)
       Scrub, recoat,                                                    Quarterly (Q)
       Strip, refinish                                                   As needed
       Clean cove bases                                                  Each service

       Walls
       Spot clean                                                        Daily (D)
       Remove spider webs                                                As needed
       Wash Walls                                                        Quarterly (Q)

       Doors
       Clean all non-glass doors                                         Daily (D)
       Clean all glass doors
       Daily (D)

       Windows
       Spot clean                                                        Daily (D)
       Blinds/Screens                                                    Monthly (M)

       Showers
       Walls, wash and disinfect                                         Daily (D)
       Floors, mop and disinfect                                         Daily (D)
       Machine scrub floors                                              Monthly (M)

       All Vents
       Dust                                                              Twice per month (2M)


            Solicitation No. IFB 13-010 (AP)                                  Page 61 of 75
                                              CITY OF PHOENIX
                                             Procurement Division
                                           251 W. Washington Street
     SECTION IV - SCOPE OF WORK                    8th Floor
                                              Phoenix, AZ 85003
                                             Phone: (602) 262-7181

Stairs, Stair Landing and Elevators
Sweep                                        Daily (D)
Damp Mop                                     Daily (D)

Chairs and Sofas
Clean and dust                               Daily (D)
Vacuum upholstery                            Weekly (W)
Settees                                      Daily (D)

Tables, Study Carrels and Desks
Clean, remove all doodling and graffiti,     Daily (D)
use mild detergent, rinse thoroughly

File Cabinets and Card Files
Dust                                         Daily (D)

Ash Trays
Free standing - empty and clean              Daily (D)

Sand Urns/Wall Mounted Ashtray
Empty and clean                              Daily (D)

Trash Containers
Empty (change liners every service)          Daily (D)
Wipe clean (change liners daily)             Daily (D)
Clean interior                               Weekly (W)

Ledges and Counter Tops
Damp Clean                                   Daily (D)

Water Fountains
Clean tops, sides, and vents                 Daily (D)

Public Telephones and Booths
Clean and remove trash                       Daily (D)

Book and Magazine Shelves/Cases
Dust                                          Daily (D)

Lockers and Benches
Clean (damp cloth) exterior only             Daily (D)

Dusting
Low dust (to 6 foot height)                  Daily (D)
High dust (6-8 feet)                         Weekly (W)
Remove all cobwebs and spider webs, etc.     Daily (D)




     Solicitation No. IFB 13-010 (AP)             Page 62 of 75
                                                              CITY OF PHOENIX
                                                             Procurement Division
                                                           251 W. Washington Street
     SECTION IV - SCOPE OF WORK                                    8th Floor
                                                              Phoenix, AZ 85003
                                                             Phone: (602) 262-7181

Restrooms
Clean mirrors and shelves                                    Daily (D)
Wash urinal and toilet partitions                            Daily (D)
Clean sinks and chrome                                       Daily (D)
Fill soap dispensers                                         Daily (D)
Clean and fill towel dispenser                               Daily (D)
Empty and clean towel disposal                               Daily (D)
Clean napkin disposal and change liner                       Daily (D)
Damp mop                                                     Daily (D)
Fill toilet paper dispenser                                  Daily (D)
Spot clean walls, pipe fixtures                              Daily (D)
Empty trash containers                                       Daily (D)
Empty and clean ashtrays                                     Daily (D)
Clean and disinfect showers                                  Daily (D)
Change deodorant pads in urinals                             As needed
Fill and damp clean seat cover dispenser                     Daily (D)
Damp clean exterior of trash containers                      Daily (D)
Machine scrub floors                                         Monthly (M)
Spot clean walls                                             Daily (D)
Scrub walls                                                  Monthly (M)

Elevators
Sweep and mop or vacuum floor                                Daily (D)
Wipe any smudges from walls and doors inside and outside     Daily (D)
Police elevator cabs to remove any debris                    Throughout the day
Vacuum carpeted floor                                        Daily (D)
Spot clean carpeted wall panels                              Daily (D)
Sweep and damp mop rubber tile floor                         Daily (D)
Detail clean elevator cabs ceilings                          Daily (D)

Escalators
Dust flat surfaces                                           Daily (D)
Spot clean panels (interior and exterior)                    Daily (D)

Stairwells
Detail clean                                                 Weekly (W)

Employee Lunchrooms, Kitchens, Lounges, Conference Rooms, Lobbies, Hallways
Clean chairs with damp cloth                             Daily (D)
Empty wastebaskets (change liners daily)                 Daily (D)
Clean ledges and counter tops with damp cloth            Daily (D)
Clean tables                                             Daily (D)
Vacuum carpet thoroughly                                 Daily (D)
Damp mop, spray wax and buff floor                       Daily (D)
Clean sinks                                              Daily (D)
Damp clean exterior of trash containers                  Daily (D)
Refrigerator exteriors                                   Daily (D)
Meeting or Event Set-up/Tear-down                        As Requested




     Solicitation No. IFB 13-010 (AP)                            Page 63 of 75
                                                                                            CITY OF PHOENIX
                                                                                           Procurement Division
                                                                                         251 W. Washington Street
                           SECTION IV - SCOPE OF WORK                                            8th Floor
                                                                                            Phoenix, AZ 85003
                                                                                           Phone: (602) 262-7181

                       Custodial Closets
                       Clean floor and mop sink                                              Daily (D)
                       Restock                                                               Each shift

                       Badge Readers
                       Wipe face clean with disinfectant                                    Daily (D)

 35.          FOCUSED PERFORMANCE STANDARDS
              The Contractor shall supply the information stated in the Focused Performance Standards Table
              within the time specified in their contract, or any extension thereof. Therefore, the Contractor shall
              pay to the City the penalties listed in the liquidated damages clause. The City may terminate this
              contract in whole or part as provided in the "Default" provision. In that event, the Contractor shall be
              liable for such penalties accruing until such time as the City may reasonably obtain delivery or
              performance of similar supplies and services. The Contractor shall not be charged with penalties
              when the delay arises out of causes beyond the control and without the fault or negligence of the
              Contractor.


       Performance
                                               Measurement                                  How to Measure
        Standard
                             All carpeted areas will be vacuumed and spot           Random inspection of
Carpet care                  cleaned daily. Report on large stains or issues        completed work and review of
                             that may require additional cleaning.                  daily reports.

Appropriate Staffing         Weekly requirement - submission of daily sign-         Review of schedule and sign-in
Hours                        in sheet sheets.                                       sheets.

                             All hard floor surfaces are to be swept and            Random inspection and review
Hard Floors                  cleaned each night. The end result of all hard         of daily reports.
                             floor cleaning procedures is to leave all
                             surfaces free of dust, dirt soil, gum, cleaning
                             agents, and all removable stains.
Restrooms                    All restrooms will be serviced thoroughly each         Random inspection and review
                             day.                                                   of daily reports.

Unavailable Equipment        Daily Report to include unavailable equipment          Inspection of Equipment on-
                             – Equipment not available within an                    site and review of daily reports.
                             acceptable time frame, as agreed upon by
                             both parties once reported as not available.




                            Solicitation No. IFB 13-010 (AP)                                     Page 64 of 75
                                                                                               CITY OF PHOENIX
                                                                                              Procurement Division
                                                                                            251 W. Washington Street
                                 SECTION V - SUBMITTAL                                              8th Floor
                                                                                               Phoenix, AZ 85003
                                                                                              Phone: (602) 262-7181


      Please submit one original and three (3) copies of the Submittal (Section V). Please submit only Section
      V, do not submit a copy of the entire IFB document. This offer will remain in effect for a period of 120
      calendar days from the bid opening date and is irrevocable unless it is in the City’s best interest to do so.

      1.      ALL OR NONE BID PRICE SCHEDULE AND DELIVERY SCHEDULE

              Note: Prices offered shall not include applicable state and local taxes. The city will pay all
              applicable taxes. For the purposes of determining the lowest cost, the city will not take tax into
              consideration. Taxes must be listed as a separate item on all invoices.


                Item                                               Monthly Rate for Regularly
                 No.          Location Description                   Scheduled Services
                                                              (includes floor buffing, machine scrubbing,
                                                                strip/wax, and monthly carpet cleaning)

                 1.     Terminal 3 Annex                  $


                 2.     Operations Center                 $
                        And Annex

                 3.     Fire Station 19                   $

                 4.     Police Bureau (Executive)         $


                 5.     Facilities & Services Complex     $


                 6.     South Air Cargo - Customs         $

                 7.     Parking Office                    $

                 8.     CNRP/Train Building               $

                 9.     Deer Valley Airport               $

                 10.    Goodyear Airport                  $


                                                        Grand Total    $




             Optional Services



Company Name___________________________________________________________
                                                                                                            Page 65 of 75
Bid Opening Date: Friday, July 27, 2012 at 2:00 p.m.          Solicitation No. IFB 13-010 (AP)
                                                                                             CITY OF PHOENIX
                                                                                            Procurement Division
                                                                                          251 W. Washington Street
                                  SECTION V - SUBMITTAL                                           8th Floor
                                                                                             Phoenix, AZ 85003
                                                                                            Phone: (602) 262-7181




                Item                                                             Hourly Rate
                 No.                     Description
                        Employee Hourly Rate for Additional Work
                 11.                                                        $
                                                                            Hourly Rate
                 12.    Emergency Services Hourly Rate                      $
                                                                            Hourly Rate
                        Additional Carpet Cleaning (Applies to special      $
                 13.    requests only, includes all labor, equipment, and   Per square foot
                        supplies)
                        Additional Strip & Wax                              $
                 14.    (Applies to special requests only, includes all     Per square foot
                        labor, equipment, and supplies)



      2.      PAYMENT TERMS
              Bidder offers a prompt payment discount of _______% _______ days to apply after receipt of invoice
              or final acceptance of the products, whichever is later. If no prompt payment discount is offered,
              enter 0 in the % space to indicate net 30 days, otherwise payment terms shall be 2% 20 days, net 30
              days; effective after receipt of invoice or final acceptance of the products, whichever is later.
              Payment terms offering less than 20 days will not be considered in the price evaluation of your bid.


              Any prompt payment terms offered must be clearly noted by the Contractor on all invoices submitted
              to the City for the payment of goods or services received.

      3.      EMERGENCY TWENTY-FOUR HOUR SERVICE CONTACT

              Name

              Telephone Number

              Alternate Contact

              Telephone Number




Company Name___________________________________________________________
                                                                                                    Page 66 of 75
Bid Opening Date: Friday, July 27, 2012 at 2:00 p.m.          Solicitation No. IFB 13-010 (AP)
                                                                                            CITY OF PHOENIX
                                                                                           Procurement Division
                                                                                         251 W. Washington Street
                                 SECTION V - SUBMITTAL                                           8th Floor
                                                                                            Phoenix, AZ 85003
                                                                                           Phone: (602) 262-7181


      4.      YEARS IN BUSINESS AND CUSTOMER REFERENCE LISTING
              Contractor certifies that ___________________________________________has                   provided
              complete
                                                 (Company Name)
              Custodial Service listed in this IFB for a period of ___________ years.
                                                                  (number of years)

              Contractor shall furnish the names, addresses, and telephone numbers of a minimum of three (3)
              firms or government organizations for which the Contractor is currently furnishing or has furnished,
              in the past, completed service for Custodial Services.

              Company Name

              Address

              Reference

              Telephone Number

              Email address


              Company Name

              Address

              Reference

              Telephone Number

              Email address


              Company Name

              Address

              Reference

              Telephone Number

              Email address




Company Name___________________________________________________________
                                                                                                    Page 67 of 75
Bid Opening Date: Friday, July 27, 2012 at 2:00 p.m.          Solicitation No. IFB 13-010 (AP)
                                                                                                  CITY OF PHOENIX
                                                                                                 Procurement Division
                                                                                               251 W. Washington Street
                                   SECTION V - SUBMITTAL                                               8th Floor
                                                                                                  Phoenix, AZ 85003
                                                                                                 Phone: (602) 262-7181


                                                            OFFER

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

        Arizona Sales Tax No.

        Use Tax No. for Out-of State Suppliers

        City of Phoenix Sales Tax No.

        Taxpayer’s Federal Identification No.

        Bidder certifies that bidder has read, understands, and will fully and faithfully comply with this Invitation for
        Bid, its attachments and any referenced documents. Bidder also certifies that the prices offered were
        independently developed without consultation with any of the other bidders or potential bidders.


        Authorized Signature                                                 Date


        Printed Name and Title

        Company Name

        Address

        City, State and Zip Code

        Telephone Number

        Company’s Fax Number

        Company’s Toll Free #

        Email Address


        Indicate on a separate sheet, if Purchase Order or Remit to addresses is different from above.

        NOTE: Any assignment of proceeds must go through the City of Phoenix, Division of Accounts, formal
        assignment procedure. Please also refer to the Assignment Provision in the General Bidding Instructions
        and Conditions of Purchase.




Company Name___________________________________________________________
                                                                                                            Page 68 of 75
Bid Opening Date: Friday, July 27, 2012 at 2:00 p.m.              Solicitation No. IFB 13-010 (AP)
                                                                                               CITY OF PHOENIX
                                                                                              Procurement Division
                                                                                            251 W. Washington Street
                                   SECTION V - SUBMITTAL                                            8th Floor
                                                                                               Phoenix, AZ 85003
                                                                                              Phone: (602) 262-7181



                                                 ACCEPTANCE OF OFFER
        The Offer is hereby accepted.

        The Contractor is now bound to sell the materials or services listed by the attached contract and based
        upon this solicitation, including all terms, conditions, specifications, amendments, etc. and the
        Contractor’s Offer as accepted by the City.

        This contract shall henceforth be referred to as Contract No.              . The Contractor has been
        cautioned not to commence any billable work or provide any material or service under this contract until
        Contractor receives purchase order, or contract documentation.

                                                                      CITY OF PHOENIX, a municipal corporation
                                                                      David Cavazos, City Manager


        City Clerk                                                    James Scarboro, Deputy Finance Director


        Approved as to form this 14 day of September, 2006            Awarded this ______ day of _____________, 2012.

        This document has been approved as to form by the City
        Attorney and is on file with the City Clerk. It need not be
        submitted to the City Attorney for approval unless the
        form document is altered.




Company Name___________________________________________________________
                                                                                                        Page 69 of 75
Bid Opening Date: Friday, July 27, 2012 at 2:00 p.m.            Solicitation No. IFB 13-010 (AP)
                                                                                           CITY OF PHOENIX
                                                                                          Procurement Division
                                                                                        251 W. Washington Street
                                SECTION VI - ATTACHMENTS                                        8th Floor
                                                                                           Phoenix, AZ 85003
                                                                                          Phone: (602) 262-7181


 Attachment A – Equipment List


        Equipment Description                 Manufacturer                   Model #                 Age




Company Name___________________________________________________________
                                                                                                 Page 70 of 75
Bid Opening Date: Friday, July 27, 2012 at 2:00 p.m.         Solicitation No. IFB 13-010 (AP)
                                                                                        CITY OF PHOENIX
                                                                                       Procurement Division
                                                                                     251 W. Washington Street
                              SECTION VI - ATTACHMENTS                                       8th Floor
                                                                                        Phoenix, AZ 85003
                                                                                       Phone: (602) 262-7181


 Attachment B – Proposed Cleaning Products List


             Description                   Manufacturer             Part #                   Purpose




Company Name___________________________________________________________
                                                                                              Page 71 of 75
Bid Opening Date: Friday, July 27, 2012 at 2:00 p.m.      Solicitation No. IFB 13-010 (AP)
                                                                                  CITY OF PHOENIX
                                                                                 Purchasing Division
                                                                              251 W. Washington Street
                         SECTION VII-EXHIBIT                                          8th Floor
                                                                                  Phoenix, AZ 85003
                                                                                Phone: (602) 262-7181

                                          Exhibit A

                   Supplemental Terms and Conditions to All Airport Agreements

A.   Definitions

     1.     "Airport" means Phoenix Sky Harbor International Airport, Phoenix Deer Valley Airport
            and/or Phoenix Goodyear Airport, in accordance with the context of the contract.

     2.     "Contract" includes any and all City of Phoenix Aviation Department contracts,
            subcontracts, agreements, leases, subleases, licenses, permits, concessions or other
            documents, however denominated that grant or convey a right or privilege on an Airport,
            and to which this Exhibit is annexed and made a part thereof.

     3.     "Contractor" means every lessee, sublessee, licensee, permittee, concessionaire or other
            person, firm or corporation exercising a right or privilege on an airport pursuant to a
            contract, and includes Contractor's heirs, personal representatives, successors-in-interest
            and assigns.

     4.     "Premises" means the leasehold or site occupied by Contractor pursuant to the lease,
            license or permit that is the subject of this Contract.

B.   Assurances

     1.     Contractor shall furnish its services on a fair, equal and not unjustly discriminatory basis to
            all users of the Airport.

     2.     Contractor shall charge fair, reasonable and not unjustly discriminatory prices for each unit
            or services; provided that, Contractor may be allowed to make reasonable and non-
            discriminatory discounts, rebates or other similar types of price reductions to volume
            purchasers. Non-compliance with this requirement shall be a material breach of this
            Contract for which the City of Phoenix shall have the right to terminate this Contract and
            any estate created herewith, without liability therefore; or, at the election of the City of
            Phoenix or the United States, either or both of said Governments shall have the right to
            judicially enforce said requirement.

     3.     Contractor warrants that no person shall, on the grounds of race, creed, color, national
            origin, sex, age or handicap, be excluded from participating in any activity conducted on or
            from the Premises, or otherwise be excluded from the benefits offered by Contractor to the
            general public. Contractor further warrants that it will comply with all pertinent statutes,
            Executive Orders, and rules promulgated thereunder, to assure that no person is excluded
            on the grounds of race, creed, color, national origin, sex, age, or handicap.

     4.     As a part of the consideration for this Contract, Contractor does hereby covenant and agree
            that in the event facilities are constructed, maintained, or otherwise operated on the
            Premises for a purpose for which a DOT program or activity is extended for another
            purpose involving the provision of similar services or benefits, Contractor shall maintain and
            operate such facilities and services in compliance with all other requirements imposed
            pursuant to Code of Federal Regulations, Title 49, DOT, Subtitle A, Office of the Secretary
            of Transportation, Part 21-Nondiscrimination in Federally-Assisted Programs of the
            Department of Transportation--Effectuation of Title VI of the Civil Rights Act of 1964, as
            said regulations exist and may be amended from time-to-time.

            If this Contract is a lease, then this Covenant is hereby made a covenant running with the
            land for the term of the lease, and is judicially enforceable by the United States.
                                                                               CITY OF PHOENIX
                                                                              Purchasing Division
                                                                           251 W. Washington Street
                 SECTION VII-EXHIBIT                                               8th Floor
                                                                               Phoenix, AZ 85003
                                                                             Phone: (602) 262-7181

5.    As a part of the consideration of the Contract, Contractor does hereby covenant and agree
      that: (1) no person on the grounds of race, color or national origin shall be excluded from
      participation in, denied the benefits of, or be otherwise subjected to discrimination in the
      use of said facilities; (2) in the construction of any improvements on, over or under such
      Premises and the furnishing of services thereon, no person on the grounds of race, color or
      national origin shall be excluded from participation in, denied the benefits of, or otherwise
      be subjected to discrimination; and that the contractor shall use the Premises in
      accordance with all other requirements imposed pursuant to 49 C.F.R. Part 21, as it may
      be amended.

      If this Contract is a lease, then this Covenant is hereby made a covenant running with the
      land for the term of the lease, and is judicially enforceable by the United States.

6.    The foregoing discrimination covenants are a material part of this Contract and for breach
      thereof the City of Phoenix shall have the right to terminate this Contract and to reenter and
      repossess the Premises and facilities thereon, and hold the same as if said Contract had
      never been made. This provision does not become effective until the procedures of 49
      CFR Part 21 are followed and completed, including expiration of appeal rights.

7.    Contractor agrees to insert the foregoing six provisions in any contract by which Contractor
      grants a right or privilege to any person, firm or corporation to render accommodations
      and/or services to the public on or from the Premises.

8.    Contractor agrees that it will undertake an affirmative action plan in conformance with 14
      CFR Part 152, Subpart E, to insure that no person shall on the grounds of race, creed,
      color, national origin or sex be excluded from participating in any employment, contracting
      or leasing activities covered in 14 CFR Part 152, Subpart E. Contractor assures that no
      person will be excluded on such grounds from participating in or receiving the services or
      benefits of any program or activity covered by Subpart E. Contractor further agrees that it
      will require its covered suborganizations to provide assurances to Contractor that they
      similarly will undertake affirmative action programsand that they will require like assurances
      from their suborganizations, as required by 14 CFR Part 152, Subpart E.

      If Contractor employs 15 or more persons, Contractor shall annually submit to the City of
      Phoenix the reports required by paragraph (c) of 14 C.F.R. § 152.415, on the same basis
      as stated in paragraph (c) of 14 C.F.R. § 152.415, and Contractor shall require each
      subcontractor, with 15 or more employees, to annually submit the reports required by
      paragraph (c) of 14 C.F.R. § 152.415 through Contractor to the City of Phoenix, for
      transmittal by the City of Phoenix to the FAA.

      If Contractor employs less than 15 employees, Contractor shall submit to City of Phoenix
      for transmittal to the FAA an aggregate employment report on an EEO-1 or any
      superseding EEOC form.

9.    City of Phoenix reserves the right to further develop, improve, repair and alter the Airport
      and all roadways, parking areas, terminal facilities, landing areas and taxiways as it may
      reasonably see fit, free from any and all liability to Contractor for loss of business or
      damages of any nature whatsoever to Contractor occasioned during the making of such
      improvements, repairs, alterations and additions.

10.   The City of Phoenix reserves the right, but is in no way obligated to Contractor, to maintain
      and keep in repair the landing area of the Airport and all publicly owned facilities of the
      Airport, together with the right to direct and control all activities of Contractor in this regard.
                                                                             CITY OF PHOENIX
                                                                            Purchasing Division
                                                                         251 W. Washington Street
                 SECTION VII-EXHIBIT                                             8th Floor
                                                                             Phoenix, AZ 85003
                                                                           Phone: (602) 262-7181

11.   Contractor acknowledges that this Contract is subordinate to any existing or future
      agreement between the City of Phoenix and the United States concerning the
      development, operation or maintenance of the Airport. In the event that FAA or its
      successors require modifications or changes in the Contract as a condition to the obtaining
      of funds for improvements at the Airport or as a requirement of any prior grants, Contractor
      hereby consents to any and all such modifications and changes as may be reasonably
      required and agrees that it will adopt any such modifications or changes as part of this
      Contract.

12.   The Contract is subordinate to the reserved right of the City of Phoenix, its successors and
      assigns, to occupy and use for the benefit of the public the airspace above the Premises for
      the right of flight for the passage of aircraft. This public right of flight shall   include
      the right to cause in said airspace any noise inherent in the operation of any aircraft
      through said airspace or in landing at or taking off from, or operation on an Airport.

13.   Contractor agrees to comply with the notification and review requirements as required by
      Title 14 of the Code of Federal Regulations, 14 CFR Part 77- Objects Affecting Navigable
      Airspace, in the event future construction of a structure is planned for the Premises, or in
      the event of a planned modification of a structure on the Premises. Contractor shall submit
      the required FAA Form 7460-1— Notice of Proposed Construction or Alteration—and
      provide documentation showing compliance with the federal requirements. Once the FAA
      has completed the aeronautical study, Contractor shall provide to the City of Phoenix the
      FAA determination letter on proposed construction and any impact to air navigation.
      Contractor covenants for itself, its successors and assigns that it will not erect or permit the
      erection of any structure or permit the growth of any tree, on the Premises above the mean
      sea level elevation for: (1) Phoenix Sky Harbor International Airport, 1,133 feet; (2)
      Phoenix Goodyear Airport, 968 feet; (3) Phoenix Deer Valley Airport, 1,476 feet. As a
      remedy for the breach of said covenant the City of Phoenix reserves the right to enter upon
      the Premises and remove the offending structure or cut the offending tree, all at the
      expense of Contractor.

14.   Contractor, by accepting this Contract, covenants for itself, its successors and assigns that
      no use will be made of the Premises that might in any manner interfere with the landing and
      taking off of aircraft from the Airport, or otherwise constitute a hazard to air navigation. As
      a remedy for the breach of said covenant the City of Phoenix reserves the right to enter
      upon the Premises and cause the abatement of such interference, all at the expense of
      Contractor.

15.   Contractor acknowledges that nothing contained in this Contract shall be construed to grant
      or authorize the granting of an exclusive right within the meaning of 49 U.S.C. §40103(e).

16.   This Contract and all the provisions hereof are subordinate to whatever rights the United
      States now has or in the future may acquire affecting the control, operation, regulation and
      taking-over of the Airport, or the exclusive or non-exclusive use of the Airport by the United
      States during a time of war or national emergency.

17.   If the Contract involves construction, the contractor shall carry out the project in accordance
      with FAA airport design, construction and equipment standards and specifications current
      on the date of project approval.

18.   Contractor is encouraged to use fuel and energy conservation practices.
                                                                                        CITY OF PHOENIX
                                                                                       Purchasing Division
                                                                                    251 W. Washington Street
                           SECTION VII-EXHIBIT                                              8th Floor
                                                                                        Phoenix, AZ 85003
                                                                                      Phone: (602) 262-7181

C.     City of Phoenix Equal Employment Opportunity Requirement
       If Contractor is by this Contract a supplier to, or lessee of, the City, then the requirements of the
       Phoenix City Code, Chapter 18, Article V applies, including the agreement that:

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

       Supplier/lessee further agrees that this clause will be incorporated in all subcontracts, job-
       consultant agreements or subleases of this agreement entered into by supplier/lessee."

D.     Immigration Reform and Control Act of 1986 (IRCA)
       Contractor understands and acknowledges the applicability of the IRCA to it. Contractor agrees to
       comply with the provisions of IRCA as it applies to its activities under this Contract and to permit the
       City of Phoenix to inspect its personnel records to verify such compliance.

E.     Conflict of Interest
       Contractor acknowledges that the terms and conditions of Arizona Revised Statutes §38-511 are
       incorporated into this Contract.

F.     Disadvantaged Business Enterprise Requirements
       1.     To the extent that this Contract is covered by 49 CFR Part 26, Contractor agrees that this
              Contract is subject to the requirements of the U.S. Department of Transportation
              Regulations at 49 CFR Part 26. The Contractor or subcontractor shall not discriminate on
              the basis of race, color, national origin, or sex in the performance of this contract. The
              Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and
              administration of DOT 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 recipient deems appropriate.

               Contractor agrees to include the foregoing statement in any subsequent Contract that it
               enters and cause those businesses to similarly include said statement in further
               agreements.

       2.      To the extent that the Contract is a concession agreement covered by 49 CFR Part 23, the
               concessionaire or contractor agrees that it will not discriminate against any business owner
               because of the owner's race, color, national origin, or sex in connection with the award or
               performance of any concession agreement, management contract, or subcontract,
               purchase or lease agreement, or other agreement covered by 49 CFR Part 23.
               The concessionaire or contractor agrees to include the above statements in any
               subsequent concession agreement or contract covered by 49 CFR Part 23, that it enters
               and cause those businesses to similarly include the statements in further agreements.

910999v1
Rev. 5/16/11

				
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