Agreement with Brown's Partmaster, Inc.
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01/28/2025
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
BROWN'S PARTSMASTER, INC.
This Linking Agreement (“Agreement”) is entered into as of this day of , 2025, between the
City of Glendale, an Arizona municipal corporation (“City”), and Brown's Partsmaster, Inc, an Arizona
corporation, authorized to do business in Arizona (“Contractor”), collectively, the “Parties.”
RECITALS
A.
On December 1, 2022, Brown's Partsmaster, Inc., a member of the S.A.V.E Cooperative Purchasing
Agreement, City of Phoenix, entered into a contract with Contractor to purchase the goods and
services described in the Water Conserving Plumbing Fixtures and Parts Contract No. 157654-0
(“Cooperative Agreement”), which is attached hereto as Exhibit A. The Cooperative Agreement
allows its cooperative use by other governmental agencies, including the City.
B.
Section 2-149 of the City’s Procurement Code permits the Finance Director to procure goods and
services by participating with other governmental units in cooperative purchasing agreements when
the best interests of the City would be served.
C.
Section 2-149 also provides that the Finance Director may enter into such cooperative agreements
without meeting the formal or informal solicitation and bid requirements of Glendale City Code
Sections 2-145 and 2-146.
D.
The City wishes to contract with Contractor for supplies or services identical to those being provided
to other units of government under the Cooperative Agreement. Contractor consents to the City’s
cooperative use of the terms and conditions of the Cooperative Agreement, and agrees to provide
the supplies and services set forth in the Statement of Work appended hereto as Exhibit B.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference, and
the covenants and promises contained in this Linking Agreement, the parties agree as follows:
1.
Term of Agreement.
A.
As provided in the Cooperative Agreement, purchases can be made by governmental entities
from the date it became effective on or about December 1, 2022, until the date the contract
terminated at the end of the initial one year period, unless the term is extended by mutual
agreement of the parties to the Cooperative Agreement. The Cooperative Agreement
provided for four one-year options to extend. One January 1, 2025, the City Phoenix
exercised its right to extend the contract through December 31, 2025 (2nd option year). The
initial period of this Agreement is the period from the Effective Date of this Agreement until
December 31, 2025.
B.
The City may extend the term of this Agreement for two (2) one year periods if the
Cooperative Agreement is likewise extended and the City gives the Contractor notice that it
is exercising its option to extend this Agreement 30 days prior to the anniversary of the
2
01/28/2025
Effective Date. Glendale extensions are not automatic and shall only occur if the City
affirmatively exercises its right to extend this Agreement.
2.
Scope of Work; Terms, Conditions, and Specifications.
A.
Contractor shall provide City the supplies and/or services identified in the Scope of Work
attached as Exhibit B.
B.
Contractor agrees to comply with all the terms, conditions and specifications of the
Cooperative Purchasing Agreement. Such terms, conditions and specifications are
specifically incorporated into and are an enforceable part of this Agreement.
3.
Compensation.
A.
City shall pay Contractor compensation at the same rate and on the same schedule as
provided in the Cooperative Purchasing Agreement, which is attached hereto as Exhibit C.
B.
The total purchase price for the supplies and/or services purchased under this Agreement
shall not exceed one hundred and fifty thousand dollars ($150,000) for the entire term of the
Agreement (initial term plus any extensions).
4.
Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511.
5.
Non-discrimination. Contractor must not discriminate against any employee or applicant for
employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status, U.S. military veteran
status or any disability. Contractor will require any Sub-contractor to be bound to the same
requirements as stated within this section. Contractor, and on behalf of any subcontractors, warrants
compliance with this section.
6.
Insurance Certificate. A certificate of insurance applying to this Agreement must be provided to the
City prior to the Effective Date.
7.
E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the requirements of
A.R.S. § 41-4401.
8.
No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the parties
hereby certify that they are not currently engaged in, and agree for the duration of the Agreement to
not engage in, a boycott of goods or services from Israel, as that term is defined in A.R.S § 35-393.
9.
Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and
during the term of this Agreement, will not use:
a.
the forced labor of ethnic Uyghurs in the People’s Republic of China;
b.
any goods or services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China; and
c.
any contractors, subcontractors or suppliers that use the forced labor or any goods
or services produced by the forced labor of ethnic Uyghurs in the People’s Republic
of China.
10.
Attestation of PCI Compliance. When applicable, the Contractor will provide the City annually with
a Payment Card Industry Data Security Standard (PCI DSS) attestation of compliance certificate
signed by an officer of Contractor with oversight responsibility.
11.
Notices.
Any notices that must be provided under this Agreement shall be sent to the Parties'
respective authorized representatives at the address listed below:
City of Glendale
c/o Todd Blair
6210 W. Myrtle Ave. Ste. 111
Glendale, AZ 85301
and
Brown's Partsmaster, Inc.
c/o Michael Affleje
michael.aflleje@bpisite.com
7280 N. Glen Harbor Blvd.
#101 Glendale, AZ 85307
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year set
forth above.
"City"
City of Glendale, an Arizona
municipal corporation
By:
Kevin R. Phelps
City Manager
ATTEST:
Julie K. Bower
City Clerk
(SEAL)
APPROVED AS TO FORM:
Michael D. Bailey
City Attorney
3
"Contractor"
Brown's Partsmaster, Inc.,
an Arizona Corporation
By:
Name: Michael Aflleje
Title:
Director of Government Sales
01/28/2025
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
BROWN'S PARTSMASTER, INC.
EXHIBIT A
CITY OF PHOENIX CONTRACT NO. 157654-0
WATER CONSERVING PLUMBING FIXTURES AND PARTS
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
BROWN'S PARTSMASTER, INC.
EXHIBIT B
Scope of Work
Contractor will provide plumbing equipment, materials, and supplies to Glendale facilities on an as-needed
basis.
157654--002
Rev. 12/2019
CITY OF PHOENIX
PUBLIC WORKS
Kristina Pylant
Procurement Officer
200 W. Washington St., 7th Floor
Phoenix, AZ 85
3
(602) 495-7231
kristina.pylant@phoenix.gov
INVITATION FOR BID
IFB 23-FMD-026 (KP)
WATER CONSERVING PLUMBING FIXTURES AND PARTS
- REQUIREMENTS CONTRACT
TABLE OF CONTENTS
CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
Pg. 2 Rev. 12/2019
TABLE OF CONTENTS
SOLICITATION RESPONSE CHECK LIST .................................................................... 4
1.
DESCRIPTION ± STATEMENT OF NEED - TERM: .............................................. 5
2.
CITY¶S VENDOR SELF-REGISTRATION AND NOTIFICATION: ......................... 5
3.
SCHEDULE OF EVENTS: ..................................................................................... 5
ACTIVITY (ALL TIMES ARE LOCAL PHOENIX TIME) .................................................. 5
DATE ............................................................................................................................... 5
LOCATION ...................................................................................................................... 5
4.
PREPARATION OF OFFER: ................................................................................. 6
5.
OBTAINING A COPY OF THE SOLICITATION AND ADDENDA: ........................ 7
6.
EXCEPTIONS: ....................................................................................................... 7
7.
INQUIRIES: ............................................................................................................ 7
8.
ADDENDA: ............................................................................................................ 8
9.
BUSINESS IN ARIZONA: ...................................................................................... 8
10.
LICENSES: ............................................................................................................ 8
11.
CERTIFICATION: ................................................................................................... 8
12.
SUBMISSION OF OFFER: ..................................................................................... 8
13.
WITHDRAWAL OF OFFER: .................................................................................. 8
14.
OFFER RESULTS: ................................................................................................. 9
15.
PRE-AWARD QUALIFICATIONS: ....................................................................... 10
16.
AWARD OF CONTRACT: .................................................................................... 10
17.
CITY¶S RIGHT TO DISQUALIFY FOR CONFLICT OF INTEREST: .................... 11
18.
SOLICITATION TRANSPARENCY POLICY: ...................................................... 11
19.
PROTEST PROCESS .......................................................................................... 12
20.
PUBLIC RECORD ................................................................................................ 13
21.
LATE OFFERS ..................................................................................................... 13
22.
RIGHT TO DISQUALIFY ...................................................................................... 13
23.
SITE ...................................................................................................................... 14
28.
CONTRACT AWARD: .......................................................................................... 14
29.
DETERMINING RESPONSIVENESS AND RESPONSIBILITY ........................... 14
TABLE OF CONTENTS
CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
Pg. 3 Rev. 12/2019
30.
EQUAL LOW OFFER: ......................................................................................... 14
SECTION II ± STANDARD TERMS AND CONDITIONS .............................................. 15
SECTION III ± SPECIAL TERMS & CONDITIONS ....................................................... 29
SECTION IV ± INSURANCE AND INDEMNIFICATION ............................................... 35
SECTION V ± SCOPE ................................................................................................... 38
SECTION VI ± SUBMITTALS ....................................................................................... 40
SECTION I - INSTRUCTIONS
CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
Pg. 4 Rev. 12/2019
Please read before continuing to the offer document. This list may not include
every requirement; the purpose is to assist vendors, but vendors are expected to
read and comply with the entire solicitation.
SOLICITATION RESPONSE CHECK LIST
Check off each of the following as the necessary action is completed.
All forms have been completed and signed, including Solicitation Disclosure form.
All Submittals are included.
Reviewed and verified prices offered.
Checked price extensions and totals.
Included any required drawings or descriptive literature.
If required, checked and included the amount of the offer surety.
Reviewed the insurance requirements, if any, to assure compliance.
Included the specified number of copies of the offer as indicated in Submittal
section.
Included signed addenda, if any.
Addressed the mailing envelope to the Procurement Officer on the solicitation front
page, at the address listed.
The mailing envelope clearly shows your company name and address, the
solicitation number, solicitation title and the offer opening date.
Mail the response timely ± City must receive offers no later than the date and time
indicated in the Schedule of Events or addenda.
SECTION I - INSTRUCTIONS
CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
Pg. 5 Rev. 12/2019
1.
DESCRIPTION ± STATEMENT OF NEED - TERM:
1.1.
The City of Phoenix invites sealed offers for Water Conversing Plumbing
Fixtures and Parts for a one-year period with four one-year options to
extend, commencing on or about December 1, 2022.
1.2.
In an effort to help conserve water, plumbing fixtures will be replaced in
multiple City-owned facilities. This solicitation is for the fixtures and parts
only.
1.3.
This solicitation is available through Arizona Relay Service 7-1-1. Please
call TTY 800-367-8939 for assistance.
1.4.
Notwithstanding the foregoing, this Agreement will terminate upon the
earliest occurrence: by reaching the end of the term including any
extensions exercised, or termination pursuant to the provisions of this
Agreement.
2.
CITY¶S VENDOR SELF-REGISTRATION AND NOTIFICATION:
Vendors must be registered in the City¶s procurePHX Self-Registration System at
https://www.phoenix.gov/procure to respond to solicitations and access
procurement information. The City may, at its sole discretion, reject any offer
from an Offeror who has not registered.
3.
SCHEDULE OF EVENTS:
ACTIVITY (All times are
local Phoenix time)
DATE
LOCATION
Solicitation Issue Date
Tuesday, September 6, 2022
Written Inquiries Due Date Wednesday, September 14,
2022 at 5:00 p.m.
kristina.pylant@phoenix.gov
Offer Due Date
Wednesday, September 28,
2022 at 11:00 a.m.
See SECTION I ±
INSTRUCTIONS, Item 12,
SUBMISSION OF OFFER
The public will be able to call
the WebEx phone number
noted below and listen to the
Bid Opening meeting live:
Join by phone
+1-415-655-0001 US Toll
Access Code: 2499 294
0539
SECTION I - INSTRUCTIONS
CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
Pg. 6 Rev. 12/2019
The City reserves the right to change dates and/or locations as necessary, and
the City does not always hold a Pre-Offer Conference or Site visit.
4.
PREPARATION OF OFFER:
4.1.
All forms provided in Submittal Section must be completed and submitted
with the offer. The signed and completed Solicitation Disclosure form must
be included or your offer may be deemed non-responsive.
4.2.
It is permissible to copy Submittal forms if necessary. Erasures,
interlineations, or other modifications of the offer must be initialed in
original ink by the authorized person signing the offer. No offer will be
altered, amended or withdrawn after the specified offer due date and time.
The City is not responsible for Offeror¶s errors or omissions.
4.3.
All time periods stated as a number of days will be calendar days.
4.4.
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 an offer. Negligence in
preparing an offer confers no right of withdrawal after due date and time.
Offerors are strongly encouraged to:
4.4.1. Consider applicable laws and/or economic conditions that may
affect cost, progress, performance, or furnishing of the products or
services.
4.4.2. Study and carefully correlate Offeror¶s knowledge and observations
with the solicitation and other related data.
4.4.3. Promptly notify the City of all conflicts, errors, ambiguities, or
discrepancies that Offeror has discovered in or between the
solicitation and other related documents.
4.4.4. 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.
4.4.5. Offerors are reminded that the specifications stated in the
solicitation are the minimum level required and that offers submitted
must be for products or services that meet or exceed the minimum
level of all features specifically listed in this solicitation. Offers
offering less than any minimum specifications or criteria specified
are not responsive and should not be submitted.
SECTION I - INSTRUCTIONS
CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
Pg. 7 Rev. 12/2019
4.4.6. Offer 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. Offers 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.
4.4.7. Prices will 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 will prevail unless obviously in error.
5.
OBTAINING A COPY OF THE SOLICITATION AND ADDENDA:
Interested Offerors may download the complete solicitation and addenda from
https://solicitations.phoenix.gov/. Internet access is available at all public libraries.
Any interested offerors without internet access may obtain this solicitation by
calling the Procurement Officer or picking up a copy during regular business
hours at the City of Phoenix Public Works Department, Procurement Services
Division, 200 W. Washington St., 7th Floor, Phoenix, AZ. It is the Offeror¶s
responsibility to check the website, read the entire solicitation, and verify all
required information is submitted with their offer.
6.
EXCEPTIONS:
Offeror must not take any exceptions to any terms, conditions or material
requirements of this solicitation. Offers submitted with exceptions may be
deemed non-responsive and disqualified from further consideration in the City¶s
sole discretion. Offerors must conform to all the requirements specified in the
solicitation. The City encourages Offerors to send inquiries to the procurement
officer rather than including exceptions in their Offer. See Inquiries and Schedule
of Events.
7.
INQUIRIES:
All questions that arise relating to this solicitation should be directed via email to
the Procurement Officer and must be received by the due date indicated in the
Schedule of Events. The City will not consider questions received after the
deadline.
No informal contact initiated by Offerors on the proposed service will be allowed
with members of City¶s staff from date of distribution of this solicitation until after
city council awards the contract. All questions concerning or issues related to this
solicitation must be presented in writing.
The Procurement Officer will answer written inquiries in an addendum and
publish any addendums on the Procurement Website.
SECTION I - INSTRUCTIONS
CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
Pg. 8 Rev. 12/2019
8.
ADDENDA:
The City of Phoenix will not be responsible for any oral instructions made by any
employees or officers of the City of Phoenix regarding this solicitation. Any
changes will be in the form of an addendum. The Offeror must acknowledge
receipt of any/all addenda by signing and returning the document with the offer
submittal.
9.
BUSINESS IN ARIZONA:
The City will not enter contracts with Offerors (or any company(ies)) not granted
authority to transact business, or not in good standing, in the state of Arizona by
the Arizona Corporation Commission, unless the offeror asserts a statutory
exception prior to entering a contract with the City.
10.
LICENSES:
If required by law for the operation of the business or work related to this Offer,
Offeror must possess all valid certifications and/or licenses as required by
federal, state or local laws at the time of submittal.
11.
CERTIFICATION:
By signature in the offer section of the Offer and Acceptance page(s), Offeror
certifies:
The submission of the offer did not involve collusion or other anti-
competitive practices.
The Offeror must 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.
12.
SUBMISSION OF OFFER:
Offers must be in possession of the Department on or prior to the exact time and
date indicated in the Schedule of Events. Late offers will not be considered. The
prevailing clock will be the City Department¶s clock.
The City of Phoenix Public Works Department is accepting electronic Offers for
this solicitation, in addition to other methods of submitting sealed Offer packages
(hardcopy). Offerors are responsible for submitting the Offer (electronic or
hardcopy) before the due date and time of the solicitation deadline.
The Offeror is responsible for managing potential delays due to delays caused by
the Carrier or technical difficulties.
12.1 For Electronic Submittal: Please submit your response via email to
pwd.solicitations@phoenix.gov. The date and time on the email will
SECTION I - INSTRUCTIONS
CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
Pg. 9 Rev. 12/2019
provide proof of submission and verification if the Offer was received on or
prior to the due date and time specified. Please identify the solicitation
number and title in the subject line of the email when submitting the
Offer.
The City email file size is limited to 150mb. To send larger files
electronically, the upload and receipt time may take longer than expected.
It is the responsibility of the Offeror to ensure that the Offer met the due
date and time.
12.2 For In-Person and Carrier Delivery: Offers will be received at City of
Phoenix City Hall located at 200 W. Washington St, 1st floor, Atrium,
Phoenix, AZ 85003. The Atrium is just beyond the security checkpoint.
The drop-off box is a grey bin marked Public Works Department. Delivery
must be made during normal business hours (8:00 am ± 5:00 pm, local
Phoenix time, Monday ± Friday) before the solicitation due date and time.
Offers must be clearly marked on the outside of the package as
designated in the solicitation.
12.2.1 Delivery of Offers: If the Offeror submits the Offer in a hardcopy
format, then the Offer must be submitted in a sealed
package/envelope marked with the following information:
Offeror¶s Name
Offeror¶s Address (as shown on the Certification Page)
Solicitation Number
Solicitation Title
Offer Due Date
All offers must be completed in ink or typewritten. Include the number of copies
that are required as indicated in the Submittal section.
13.
WITHDRAWAL OF OFFER:
At any time prior to the solicitation due date and time, an Offeror (or designated
representative) may withdraw the offer by submitting a request in writing and
signed by a duly authorized representative.
14.
OFFER RESULTS:
Offers will be opened on the offer due date, time and location indicated in the
Schedule of Events, at which time the name of each Offeror, and the prices may
be read. Offers and other information received in response to the solicitation will
be shown only to authorized City personnel having a legitimate interest in them
or persons assisting the City in the evaluation. Offers are not available for public
inspection until after the City has posted the award recommendation on the City¶s
website.
SECTION I - INSTRUCTIONS
CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
Pg. 10 Rev. 12/2019
The City will post a preliminary offer tabulation on the City¶s website,
https://solicitations.phoenix.gov/Awards within five calendar days of the offer
opening. The City will post the information on the preliminary tabulation as it was
read during the offer opening. The City makes no guarantee as to the accuracy
of any information on the preliminary tabulation. Once the City has reviewed the
offers, the City will post an award recommendation on the website. By signing
and submitting its offer, each Offeror agrees that this posting of the award
recommendation to the City¶s website effectively serves as the Offeror¶s receipt
of that notice of award recommendation. The City has no obligation to provide
any further notification to unsuccessful Offerors.
15.
PRE-AWARD QUALIFICATIONS:
15.1 Offeror must have been in operation a minimum of five years. The Offeror¶s
normal business activity during the past five years will have been for
providing the goods or services in this solicitation. (This information must
be provided in The Submittal section, Years in Business and Customer
Reference Listing of this solicitation.)
16.
AWARD OF CONTRACT:
16.1 Unless otherwise indicated, award(s) will be made to the most responsive,
responsible Offeror(s) who are regularly established in the service, or
providing the goods, contained in this solicitation and who have
demonstrated the ability to perform in an acceptable manner.
16.2 Factors that may be considered by the City include:
16.3 Technical capability of the Offeror to accomplish the scope of work required
in the Solicitation. This may include performance history on past and current
government or industrial contracts; and,
16.4 Demonstrated availability of the necessary manpower (both supervisory
and operational personnel) and necessary equipment to accomplish the
scope of work in the Solicitation; and,
16.5 Safety record, including complaints or investigations; and,
16.6 Offeror history of complaints, and termination for convenience or cause,
litigation or lawsuits.
16.7 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 offers or portions thereof; or (3) reissue a solicitation.
16.8 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.
Offers do not become contracts until they are executed by the Deputy
Finance Director or Department Director. A contract has its inception in the
award, eliminating a formal signing of a separate contract. For that reason,
all of the terms, conditions and specifications of the procurement contract
are contained in the solicitation, and in any addendum or contract
amendment.
SECTION I - INSTRUCTIONS
CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
Pg. 11 Rev. 12/2019
17.
CITY¶S RIGHT TO DISQUALIFY FOR CONFLICT OF INTEREST:
The City reserves the right to disqualify any Offeror based on any real or
apparent conflict of interest that is disclosed by the offer submitted or any other
data available to the City. This disqualification is at the sole discretion of the City.
Any Offeror submitting an offer herein waives any right to object now or at any
future time, before any agency or body, including but not limited to, the City
Council of the City of Phoenix or any court.
18.
SOLICITATION TRANSPARENCY POLICY:
18.1. Commencing on the date and time a solicitation is published, potential or
actual offerors or respondents(including their representatives) shall only
discuss matters associated with the solicitation with the Mayor, any
members of City Council, the City Manager, any Deputy City Manager, or
any department director directly associated with the solicitation (including
in each case their assigned staff, except for the designated procurement
officer) at a public meeting, posted under Arizona Statutes, until the
resulting contract(s) are awarded to all offers or responses are rejected
and the solicitation is cancelled without any announcement by the
Procurement Officer of the City¶s intent to reissue the same or similar
solicitation
18.2. 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.
18.3. Offerors may discuss their proposal or the solicitation with the Mayor or
one or more members of the Phoenix City Council, provided such
meetings are scheduled through the Procurement Officer, and are posted
as open meetings with the City Clerk at least 24 hours prior to the
scheduled meetings. The City Clerk will be responsible for posting the
meetings. The posted notice shall identify the participants and the subject
matter, as well as invite the public to participate.
18.4. 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.
18.5. 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. After official Notice is received by the City for
disqualification, the Offeror may follow the Protest process, unless the
Solicitation is cancelled without notice of intent to re-issue.
18.6. ³To discuss´ means any contact by the Offeror, regardless of whether the
City responds to the contact. Offerors that violate this policy will be
SECTION I - INSTRUCTIONS
CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
Pg. 12 Rev. 12/2019
disqualified until the resulting contract(s) are awarded, or all offers or
responses are rejected and the solicitation is cancelled without any
announcement by the Procurement Officer of the City¶s intent to reissue
the same or a similar solicitation. The City interprets the policy as
continuing through a cancellation of a solicitation until Council award of
the contract, as long as the City cancels with a statement that the City will
rebid the solicitation.
19.
PROTEST PROCESS:
19.1. Offeror may protest the contents of a solicitation no later than seven days
before the solicitation deadline when the protest is based on an apparent
alleged mistake, impropriety or defect in the solicitation. Protests filed
regarding the solicitation may be addressed by an amendment to the
solicitation or denied by the City. If denied, the opening and award will
proceed unless the City determines that it is in the City¶s best interests to
set new deadlines, amend the solicitation, cancel or re-bid.
19.2. Therefore, unless otherwise notified by a formal amendment, the Protester
must adhere to all solicitation dates and deadlines, including timely filing of
an offer, regardless of filing a protest.
19.3. Offeror may protest an adverse determination issued by the City regarding
responsibility and responsiveness, within seven days of the date the Offeror
was notified of the adverse determination.
19.4. Offeror may protest an award recommendation if the Offeror can establish
that it had a substantial chance of being awarded the contract and will be
harmed by the recommended award. The City will post recommendations
on the City¶s website to award the contract(s) to an Offeror(s). Offeror must
submit award protests within seven days after the posting of the award
recommendation, with exceptions only for good cause shown, within the
City¶s full and final discretion.
19.5. All protests will be in writing, filed with the Procurement Officer identified in
the solicitation and include the following:
19.5.1. Identification of the solicitation number;
19.5.2. The name, address and telephone number of the protester;
19.5.3. A detailed statement describing the legal and factual grounds for
the protest, including copies of relevant documents;
19.5.4. The form of relief requested; and
19.5.5. The signature of the protester or its authorized representative.
19.6. The Procurement Officer will render a written decision within a reasonable
period after the protest is filed. The City will not request City Council
SECTION I - INSTRUCTIONS
CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
Pg. 13 Rev. 12/2019
authorization to award the contract until the protest process is complete. All
protests and appeals must be submitted in accordance with the City¶s
Procurement Code, (Phoenix City Code, Ch. 43) and any protests or
appeals not submitted within the time requirements will not be considered.
Protests must be filed with the Procurement Officer.
20.
PUBLIC RECORD:
All Offers submitted in response to this solicitation will become the property of the
City and become a matter of public record available for review pursuant to Arizona
State law. If an Offeror believes that a specific section of its Offer response is
confidential, the Offeror will isolate the pages marked confidential in a specific and
clearly labeled section of its Offer response. An Offeror may request specific
information contained within its Offer is treated by the Procurement Officer as
confidential provided the Offeror clearly labels the information ³confidential.´ To the
extent necessary for the evaluation process, information marked as ³confidential´
will not be treated as confidential. Once the procurement file becomes available
for public inspection, the Procurement Officer will not make any information
identified by the Offerors as ³confidential´ available to the public unless necessary
to support the evaluation process or if specifically requested in accordance with
applicable public records law. When a public records request for such information
is received, the Procurement Officer will notify the Offeror in writing of any request
to view any portion of its Offer marked ³confidential.´ The Offeror will have the time
set forth in the notice to obtain a court order enjoining such disclosure. If the Offeror
does not provide the Procurement Officer with a court order enjoining release of
the information during the designated time, the Procurement Officer will make the
information requested available for inspection.
21.
LATE OFFERS:
Late Offers Late Offers must be rejected, except for good cause. If a late Offer is
submitted, the Department will document the date and time of the submittal of the
late Offer, keep the Offer and notify the Offeror that its Offer was disqualified for
being late.
22.
RIGHT TO DISQUALIFY:
The City reserves the right to disqualify any Offeror who fails to provide information
or data requested or who provides materially inaccurate or misleading information
or data. The City further reserves the right to disqualify any Offeror on the basis of
any real or apparent conflict of interest that is disclosed by the Offeror submitted
or any other data or information available to the City. This disqualification is at the
sole discretion of the City. By submission of a solicitation response, the Offeror
waives any right to object now or at any future time, before any agency or body
including, but not limited to, the City Council of the City or any court as to the
exercise by the City of such right to disqualify or as to any disqualification by reason
of real or apparent conflict of interest determined by the City. The City reserves the
right to replace the disqualified Offeror.
SECTION I - INSTRUCTIONS
CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
Pg. 14 Rev. 12/2019
23.
SITE INSPECTION:
Offeror agrees that submission of a offer indicates that the Offeror either 1. made
a site inspection and is aware of all conditions that may affect performance and
offer prices; or 2. Did not make a site inspection, but regardless is either aware of
all conditions that may affect performance and offer prices, or accepts the risk and
understands the scope of its binding Offer.
24.
CONTRACT AWARD:
The City reserves the right to award a contract by individual line items, by group,
all or none, or any other combination most advantageous to the City. The City
reserves the right to multiple award.
25.
DETERMINING RESPONSIVENESS AND RESPONSIBILITY:
25.1.
Offers will be reviewed for documentation of any required qualifications,
and completeness and compliance with the solicitation requirements. The
City reserves sole discretion to determine responsiveness and
responsibility.
25.2.
Responsiveness: Nonresponsive Offers will not be considered in the
evaluation process. The solicitation states criteria that determine
responsiveness, and the solicitation includes terms and conditions that if
included or excluded from Offers will render an Offer nonresponsive.
25.3.
Responsibility: To obtain true economy, the City must conduct solicitations
to minimize the possibility of a subsequent default by the Offeror, late
deliveries, or other unsatisfactory performance that may result in additional
administrative costs. It is important that the Offeror be a responsible
Offeror. Responsibility includes the Offeror¶s integrity, skill, capacity,
experience, and facilities for conducting the work to be performed.
26.
EQUAL LOW OFFER:
Contract award will be made by putting the names of the tied vendors in a cup for
a blind drawing limited to those bidders with tied offers. If time permits, the
offerors involved will be given an opportunity to attend the drawing. The drawing
will be witnessed by at least three persons, and the contract file will contain the
names and addresses of the witnesses.
SECTION II ± STANDARD TERMS AND CONDITIONS
CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
Pg. 15 Rev. 12/2019
SECTION II ± STANDARD TERMS AND CONDITIONS
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
Offer as non-responsive.
Should:
Indicates something that is recommended but not
mandatory. If the Contractor fails to provide
recommended information, the City may, at its sole
option, ask the Contractor 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 will apply:
³A.R.S.´
Arizona Revised Statute
³Buyer´ or
³Procurement
Officer´
City of Phoenix staff person responsible for the
solicitation. 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.
"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´ or
³Agreement"
The legal agreement executed between the City of
Phoenix, AZ and the Contractor.
³Days´
Means calendar days unless otherwise specified.
³Deputy 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.
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CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
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³Employer´
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).
³Offer´
Means a response from a supplier, contractor or
service provider to a solicitation request that, if
awarded, binds the supplier, contractor or service
provider to perform in accordance with the contract.
Same as bid, proposal, quotation or tender.
³Offeror´
Any Vendor, Seller or Supplier submitting a competitive
offer in response to a solicitation from the City. Same
as Bidder or Proposer.
³Solicitation´
Means an Invitation for Bid (IFB), Request for Proposal
(RFP), Request for Quotations (RFQ), Request for
Qualifications (RFQu) and request for sealed bids, or
any other type of formal procurement which the City
makes public through advertising, mailings, or some
other method of communication. It is the process by
which the City seeks information, proposals, bids or
quotes from suppliers.
³Suppliers´
Firms, entities or individuals furnishing goods or
services to the City.
³Vendor or Seller´
A seller of goods or services.
2.
CONTRACT INTERPRETATION:
2.1.
APPLICABLE LAW: This Contract will be governed by the law of the State
of Arizona, and suits pertaining to this Contract will be brought only in
Federal or State courts in Maricopa County, State of Arizona.
2.2.
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 will prevail in the order set forth below:
SECTION II ± STANDARD TERMS AND CONDITIONS
CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
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2.2.1.
Federal terms and conditions, if any
2.2.2.
Special terms and conditions
2.2.3.
Standard terms and conditions
2.2.4.
Amendments
2.2.5.
Statement or scope of work
2.2.6.
Specifications
2.2.7.
Attachments
2.2.8.
Exhibits
2.2.9.
Instructions to Contractors
2.2.10. Other documents referenced or included in the Solicitation
2.3.
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 will 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 will
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
will save and hold the City harmless with respect thereto.
2.4.
SEVERABILITY: The provisions of this Contract are severable to the
extent that any provision or application held to be invalid will not affect any
other provision or application of the contract which may remain in effect
without the invalid provision or application.
2.5.
NON-WAIVER OF LIABILITY: The City of Phoenix as a public entity
supported by tax monies, in execution of its public trust, cannot agree to
waive any lawful or legitimate right to recover monies lawfully due it.
Therefore, any Contractor agrees that it will not insist upon or demand any
statement whereby the City agrees to limit in advance or waive any right
the City might have to recover actual lawful damages in any court of law
under applicable Arizona law.
2.6.
PAROL 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 will be relevant to
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CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
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supplement or explain any term used in this Contract. Acceptance or
acquiescence in a course of performance rendered under this contract will
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 will 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.
Confidentiality will be maintained, and City will not violate any proprietary or
other confidentiality agreements vendor has in place.
3.2.
DISCRIMINATION PROHIBITED: Contractor agrees to abide by the
provisions of the Phoenix City Code Chapter 18, Article V as amended.
Any contractor, in performing under this contract, will 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 and adhere to a
policy to pay equal compensation to men and women who perform jobs
that require substantially equal skill, effort and responsibility, and that are
performed within the same establishment under similar working conditions.
Such action will 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.
Contractor further agrees that this clause will be incorporated in all
subcontracts, job-contractor agreements or subleases of this agreement
entered into by supplier/lessee.
3.3.
EQUAL EMPLOYMENT OPPORTUNITY AND PAY: In order to do
business with the City, Contractor must comply with Phoenix City Code,
1969, Chapter 18, Article V, as amended, Equal Employment Opportunity
Requirements. Contractor will direct any questions in regard to these
requirements to the Equal Opportunity Department, (602) 262-6790.
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CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
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For a Contractor with 35 employees or fewer: Contractor in performing
under this Agreement shall not discriminate against any worker, employee
or applicant, or any member of the public, because of race, color, religion,
sex, national origin, age, or disability, nor otherwise commit an unfair
employment practice. The Contractor will ensure that applicants are
employed, and employees are dealt with during employment without regard
to their race, color, religion, sex, national origin, age, or disability. Such
action shall include but not be limited to the following: employment,
promotion, demotion or transfer, recruitment or recruitment advertising,
layoff or termination; rates of pay or other forms of compensation; and
selection for training; including apprenticeship. The Contractor further
agrees that this clause will be incorporated in all subcontracts related to
this Agreement that involve furnishing skilled, unskilled and union labor, or
who may perform any such labor or services in connection with this
Agreement. Contractor further agrees that this clause will be incorporated
in all subcontracts, Contractor agreements or subleases of this agreement
entered into by supplier/lessee.
For a Contractor with more than 35 employees: Contractor in
performing under this Agreement shall not discriminate against any worker,
employee or applicant, or any member of the public, because of race,
color, religion, sex, national origin, age, or disability, nor otherwise commit
an unfair employment practice. The Contractor 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,
and shall adhere to a policy to pay equal compensation to men and women
who perform jobs that require substantially equal skill, effort, and
responsibility, and that are performed within the same establishment under
similar working conditions. Such action shall include but not be limited to
the following: employment, promotion, demotion or transfer, recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of
compensation; and selection for training; including apprenticeship. The
Contractor 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. Contractor further agrees that this clause will be
incorporated in all subcontracts, job-Contractor agreements or subleases of
this Agreement entered into by supplier/lessee. The Contractor further
agrees not to discriminate against any worker, employee or applicant, or
any member of the public, because of sexual orientation or gender identity
or expression and shall ensure that applicants are employed, and
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CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
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employees are dealt with during employment without regard to their sexual
orientation or gender identity or expression.
3.3.1. Documentation: Suppliers and lessees may be required to provide
additional documentation to the Equal Opportunity Department
affirming that a nondiscriminatory policy is being utilized.
3.3.2. Monitoring: The Equal Opportunity Department shall monitor the
employment policies and practices of suppliers and lessees subject
to this article as deemed necessary. The Equal Opportunity
Department is authorized to conduct on-site compliance reviews of
selected firms, which may include an audit of personnel and payroll
records, if necessary.
3.4.
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:
3.4.1. Contractor and each subcontractor it uses warrants their compliance
with all federal immigration laws and regulations that relate to their
employees and their compliance with A.R.S. § 23-214, subsection A.
3.4.2. A breach of a warranty under paragraph 1 will be deemed a material
breach of the contract that is subject to penalties up to and including
termination of the contract.
3.4.3. 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.
3.5.
HEALTH, ENVIRONMENTAL AND SAFETY REQUIREMENTS: The
Contractor¶s products, services and facilities will 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 will provide the City:
3.5.1. Environmental, safety and health regulatory compliance documents
(written safety programs, training records, permits, etc.) applicable
to services provided by the Contractor in this contract
3.5.2. 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.
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CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
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The City will 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 will 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 Contractor¶s facilities (during normal
business hours).
3.6.
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 they are being referred to by the City. Contractor
agrees to permit City inspection of Contractor¶s business records, including
personnel records to verify any such compliance.
Because the contractor will be acting as an independent contractor, the City
assumes no responsibility for the Contractor¶s acts.
3.7.
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 establish 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
3.8.
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 will 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.
3.9.
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.
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4.
COSTS AND PAYMENTS:
4.1.
GENERAL: 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. The City will make every effort to process
payment for the purchase of material or services within thirty to forty-five
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 Offer.
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 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.
4.5.
NO ADVANCE PAYMENTS: Advance payments are not authorized.
Payment will be made only for actual services or commodities that have
been received, unless addressed specifically in the Scope of work for
subscription services.
4.6.
FUND APPROPRIATION CONTINGENCY: The Vendor recognizes that
any agreement entered into will 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, which
ends on June 30th of each year, will be subject to the approval of the
budget of the City 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 will not be invoiced at prices higher than
those stated in any contract resulting from this Offer. Contractor certifies,
by signing this Offer that the prices offered are no higher than the lowest
price the Contractor charges other buyers for similar quantities under
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CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
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similar conditions, as applicable and shown by quotes for like services and
goods. Contractor further agrees that any reductions in the price of the
goods or services covered by this Offer and occurring after award will apply
to the undelivered balance. The Contractor will promptly notify the City of
such price reductions.
4.8.
F.O.B. POINT: All prices are to be quoted F.O.B. destination, unless
specified elsewhere in this solicitation.
5.
CONTRACT CHANGES:
5.1.
CONTRACT AMENDMENTS: Contracts will be modified only by a written
contract amendment signed persons duly authorized to enter into contracts
on behalf of the Contractor. No verbal agreement or conversation with any
officer, agent, or employee of the City either before or after execution of the
contract, will affect or modify any of the terms or obligations contained or to
be contained in the contract. Any such verbal agreements or conversation
shall be considered as unofficial information and in no way binding upon
the City or the Contractor. All agreements shall be in writing and contract
changes shall be by written amendment signed by both parties.
5.2.
ASSIGNMENT - DELEGATION: No right or interest in this contract nor
monies due hereunder will be assigned in whole or in part without written
permission of the City, and no delegation of any duty of Contractor will be
made without prior written permission of the City, which may be withheld
for good cause. Any assignment or delegation made in violation of this
section will be void.
5.3.
NON-EXCLUSIVE CONTRACT: Any contract resulting from this
solicitation will be awarded with the understanding and agreement that it is
for the sole convenience of the City. The City reserves the right to obtain
like goods or services from another source when necessary.
6.
RISK OF LOSS AND LIABILITY:
6.1.
TITLE AND RISK OF LOSS: The title and risk of loss of material or service
will 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 will 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 will be held at Contractor's risk and may be
returned to the Contractor. If so returned, all costs are the responsibility of
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CITY OF PHOENIX
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the Contractor. Noncompliance will conform to the cancellation clause set
forth in this document.
6.3.
FORCE MAJEURE: Except for payment of sums due, neither party will 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 will 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 will notify the other party in writing of such
delay, as soon as is practical, of the commencement thereof and will
specify the causes of such delay in such notice. Such notice will be hand-
delivered or mailed certified-return receipt and will make a specific
reference to this provision, thereby invoking its provisions. The delayed
party will cause such delay to cease as soon as practicable and will notify
the other party in writing when it has done so. The time of completion will
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.
6.4.
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.
6.5.
CONTRACT PERFORMANCE: Contractor will furnish all necessary labor,
tools, equipment, and supplies to perform the required services at the City
facilities designated, unless otherwise specifically addressed in the scope,
or elsewhere in this Agreement. 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
will notify the Contractor.
The Contractor will have 30 days from that time to correct any specific
instances of unsatisfactory performance, unless a different amount of time
is specified in the agreement. In the event the unsatisfactory performance is
not corrected within the time specified, the City will have the immediate right
to complete the work to its satisfaction and will deduct the cost to cover from
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CITY OF PHOENIX
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any balances due or to become due the Contractor. Repeated incidences of
unsatisfactory performance may result in cancellation of the agreement for
default.
6.6.
DAMAGE TO CITY PROPERTY: Contractor will perform all work so that no
damage to the building or grounds results. Contractor will repair any damage
caused to the satisfaction of the City at no cost to the City.
Contractor will take care to avoid damage to adjacent finished materials that
are to remain. If finished materials are damaged, Contractor will repair and
finish to match existing material as approved by the City at Contractor's
expense.
7.
CITY¶S CONTRACTUAL RIGHTS:
7.1.
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 days,
the demanding party may treat this failure as an anticipatory repudiation of
this contract.
7.2.
NON-EXCLUSIVE REMEDIES: The rights and remedies of the City under
this Contract are non-exclusive.
7.3.
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.
7.4.
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 Contractor.
7.5.
DEFAULT: In case of default by the Contractor, 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.
7.6.
COVENANT AGAINST CONTINGENT FEES: Seller warrants that no
person or selling agent has been employed or retained to solicit or secure
SECTION II ± STANDARD TERMS AND CONDITIONS
CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
Pg. 26 Rev. 12/2019
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 will 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.
7.7.
COST JUSTIFICATION: In the event only one response is received, the
City may require that the Contractor submit a cost proposal in sufficient
detail for the City to perform a cost/price analysis to determine if the Offer
price is fair and reasonable.
7.8.
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 to assign to City all rights
and interests Contractor may have in materials prepared under this
contract that are ³works for hire´ within the meaning of the copyright laws of
the United States, including any right to derivative use of the material.
8.
CONTRACT TERMINATION:
8.1.
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 will be entitled, in addition to any other rights and remedies, to
recover or withhold from the Contractor the amount of the gratuity.
8.2.
CONDITIONS AND CAUSES FOR TERMINATION:
8.2.1 This contract may be terminated at any time by mutual written
consent, or by the City, with or without cause, upon giving thirty-day
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 will 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 will submit detailed cost claims in an acceptable
SECTION II ± STANDARD TERMS AND CONDITIONS
CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
Pg. 27 Rev. 12/2019
manner and will permit the City to examine such books and records
as may be necessary in order to verify the reasonableness of any
claims.
8.2.2 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.
8.3.
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.
9.
STATE AND LOCAL TRANSACTION PRIVILEGE TAXES:
In accordance with applicable state and local law, transaction privilege taxes may
be applicable to this transaction. The state and local transaction privilege (sales)
tax burden and legal liability to remit taxes are on the vendor that is conducting
business in Arizona and the City of Phoenix. Any failure by the Contractor to
collect applicable taxes from the City will not relieve the Contractor from its
obligation to remit taxes. It is the responsibility of the prospective bidder to
determine any applicable taxes. The City will look at the price or offer submitted
and will not deduct, add or alter pricing based on speculation or application of any
taxes, nor will the City provide advice or guidance. If you have questions
regarding your tax liability, please seek advice from a tax professional prior to
submitting your offer. You may also find information at
SECTION II ± STANDARD TERMS AND CONDITIONS
CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
Pg. 28 Rev. 12/2019
https://www.phoenix.gov/finance/plt or https://www.azdor.gov/Business.aspx.
Once your offer is submitted, the Offer is valid for the time specified in this
Solicitation, regardless of mistake or omission of tax liability. If the City finds over
payment of a project due to tax consideration that was not due, the Contractor will
be liable to the City for that amount, and by contracting with the City, the
Contractor agrees to remit any overpayments back to the City for miscalculations
on taxes included in a offer price.
10.
TAX INDEMNIFICATION:
Contractor will pay all federal, state and local taxes applicable to its operation and
any persons employed by the Contractor, and require the same of all
subcontractors. Contractor will hold the City harmless from any responsibility for
taxes, damages and interest, if applicable, contributions required under federal,
and/or state and local laws and regulations and any other costs including
transaction privilege taxes, unemployment compensation insurance, Social
Security and Worker's Compensation, and require the same of all subcontractors.
11.
TAX RESPONSIBILITY QUALIFICATION:
Contractor may be required to establish, to the satisfaction of City, that any and all
fees and taxes due to the City or the State of Arizona for any License or
Transaction Privilege taxes, Use Taxes or similar excise taxes, are currently paid
(except for matters under legal protest). Contractor agrees to a waiver of the
confidentiality provisions contained in the City Finance Code and any similar
confidentiality provisions contained in Arizona statutes relative to State
Transaction Privilege Taxes or Use Taxes. Contractor agrees to provide written
authorization to the City Finance Department and to the Arizona State Department
of Revenue to release tax information relative to Arizona Transaction Privilege
Taxes or Arizona Use Taxes in order to assist the Department in evaluating
Contractor's qualifications for and compliance with contract for duration of the
term of contract.
12.
NO ISRAEL BOYCOTT:
If this Contract is valued at $100,000 or more and requires Contractor (a company
engaging in for-profit activity and having ten or more full-time employees) to
acquire or dispose of services, supplies, information technology, or construction,
then Contractor must certify and agree that it does not and will not boycott goods
or services from Israel, pursuant to Title 35, Chapter 2, Article 9 of the Arizona
Revised Statutes. Provided that these statutory requirements are applicable,
Contractor by entering this Contract now certifies that it is not currently engaged
in, and agrees for the duration of the Contract to not engage in, a boycott of goods
or services from Israel.
SECTION III ± SPECIAL TERMS AND CONDITIONS
CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
Pg. 29 Rev. 12/2019
SECTION III ± SPECIAL TERMS & CONDITIONS
1.
FREIGHT ON BOARD (FOB): Prices quoted shall be FOB destination and
delivered, as required, to the following point(s):
Public Works Facilities Operations Warehouse
2631 S. 22nd Avenue, Phoenix, AZ 85003
2.
PRICE: All prices submitted shall be firm and fixed for the initial one year(s) of the
contract. Thereafter, price increases will be considered annually provided the
adjustments are submitted in writing with 30 days¶ notice to the Procurement
Officer. Price increase requests shall be accompanied with written documentation
to support the increase, such as a letter from the manufacturer, published price
index, applicable change in law, etc. Price decrease requests do not require
supporting documentation and are allowed at any time during the contract term.
The City will be the sole judge in determining the allowable increase amount.
Price increases agreed to by any staff other than the Deputy Finance Director or
Department Director are invalid. The Contractor acknowledges and agrees to
repay all monies paid because of a requested price increase unless the increase
was specifically approved, in writing, by the Deputy Finance Director or
Department Director
3.
METHOD OF ORDERING: Contractor shall deliver items and/or services only
upon receipt of a written purchase order. All Contractor invoices and
packing/delivery tickets must include the City of Phoenix purchase order number.
4.
METHOD OF INVOICING: Invoice must be emailed in .pdf format to
invoices@phoenix.gov and must include the following:
City purchase order number or shopping cart number
Items listed individually by the written description and part number.
Unit price, extended and totaled.
Quantity ordered, back ordered, and shipped.
Applicable tax
Invoice number and date.
Delivery address.
Payment terms.
FOB terms.
Remit to address
Work order number
5.
METHOD OF PAYMENT: Payment to be made from Contractor¶s invoice and a
copy of the signed delivery/service ticket submitted to cover items received and
accepted during the billing period.
SECTION III ± SPECIAL TERMS AND CONDITIONS
CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
Pg. 30 Rev. 12/2019
6.
PARTIAL PAYMENTS: Partial payments are not authorized on individual
purchase orders. Payment will be made upon final delivery and acceptance of all
goods and services on the purchase order.
7.
SUPPLIER PROFILE CHANGES: It is the responsibility of the Contractor to
promptly update their profile in procurePHX at www.phoenix.gov/procure. If
Contractor¶s legal identify has changed, the Procurement Officer must be notified
immediately. Failure to do so may result in non-payment of invoices and contract
termination.
8.
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 the 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,
9.
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 will be deemed waived
unless asserted in writing within thirty days from the receipt of the change. Price
increases or extensions of delivery time will not be binding on the City unless
evidenced in writing and approved by the Deputy Finance Director or Department
Director prior to the institution of the change.
10.
SUSPENSIONS OF WORK: The Procurement Officer and the project manager
reserve the right to suspend work wholly or in part if deemed necessary for the
best interest of the City. This suspension will be without compensation to the
Contractor, other than to adjust the contract completion/delivery requirements.
11.
POST AWARD CONFERENCE: A post-award conference will be held by the
Procurement Officer or 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.
12.
PERFORMANCE INTERFERENCE: Contractor shall notify the City¶s department
contact immediately of any occurrence and/or condition that interferes with the full
performance of the contract and confirm it in writing within 24 hours.
SECTION III ± SPECIAL TERMS AND CONDITIONS
CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
Pg. 31 Rev. 12/2019
Department Contact: Monica Treesh
Email: monica.treesh@phoenix.gov
13.
COOPERATIVE AGREEMENT: In addition to the City and with approval of the
Contractor, this contract may be extended for use by other municipalities and
government agencies in the State of Arizona.
A current listing of eligible entities may be found at
www.mesaaz.gov/business/purchasing/save Any such usage by other entities
must be in accordance with the ordinance, charter and/or procurement rules and
regulations of the respective entity. Orders placed by other agencies and payment
thereof will be the sole responsibility of that entity. The City shall not be
responsible for any disputes arising out of transactions made by other entities who
utilize this solicitation.
14.
ADVERTISING: Contractor will not advertise or publish news releases concerning
this contract without the prior written consent of the Deputy Finance Director or
Department Director, and the City will not unreasonably withhold permission.
15.
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 will not be used by the
Contractor or any other person except with prior written permission by the City.
16.
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, will not be deemed a waiver of any right of either party to insist upon the strict
performance of the contract.
17.
LICENSES AND PERMITS: Contractor will 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.
18.
DELIVERY: All deliveries shall be made between the hours of 7:00 a.m. and 2:30
p.m., local time, Monday through Friday, excluding City holidays.
19.
DELIVERY/SERVICE TICKET: Contractor shall provide a packing list or service
ticket for items delivered to the City or services provided to the City. Tickets
should include the following and a legible copy shall be provided to the City:
Date
City purchase order number
SECTION III ± SPECIAL TERMS AND CONDITIONS
CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
Pg. 32 Rev. 12/2019
Work order number
Written description of services which were provided
Itemized list of materials which were delivered, including quantity
A unique identification number and Contractor name
Signature of City employee who accepted for the materials/services
20.
MISCELLANEOUS FEES: Additional charges for fuel surcharges, delivery
charges, dealer prep, environmental fees, waste disposal, shop supplies, set-up,
freight and/or shipping and handling, etc. will not be paid. These costs must be
incorporated in the pricing provided in the bid price schedule.
Labor rates (Shop and On-site) shall be charged as a flat hourly rate and are
allowed only in performance of services under this agreement. Travel hours and
other incidental fees will not be permitted under this agreement. Labor hours will
be from ³check-in´ to ³check-out´ at the worksite.
21.
WARRANTY: All equipment supplied under this contract shall be fully guaranteed
by the contractor for a minimum period of one year from the date of acceptance
by the City. Any defects of design, workmanship, or materials that would result in
non-compliance with the contract specifications shall be fully corrected by the
contractor (including parts and labor) without cost to the City.
22.
INSPECTION AND ACCEPTANCE: Each product delivered shall be subject to
complete inspection by the City prior to acceptance. Inspection criteria shall
include, but not be limited to, conformity to the specifications, mechanical integrity,
quality, workmanship and materials. Ten business days will be allowed for this
process. If delivered items are unacceptable and returned to the Contractor prior
to acceptance, an additional five business days will be allowed for inspection
when subsequent delivery occurs. It shall be the Contractor¶s responsibility to pick
up unacceptable products, correct the deficiencies, and return the product
following the corrections.
23.
INVENTORY LEVELS: Contractor¶s inventory levels of the items may be a factor
in the City¶s award decision. Contractor will be required to maintain sufficient local
inventory to provide daily support of the City¶s requirement. Failure to supply
sufficient support may result in cancellation of the contract.
24.
MANUALS: All complete operating manuals and parts manuals are to be
furnished upon delivery at no additional cost to the City. Manuals and other
materials shall show all plumbing fixtures specifications and mechanical
troubleshooting in paper and electronic media.
SECTION III ± SPECIAL TERMS AND CONDITIONS
CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
Pg. 33 Rev. 12/2019
25.
NEW EQUIPMENT: All items offered shall be new equipment supplied from the
manufacturer. Offers for remanufactured/refurbished equipment will be
considered as non-responsive and rejected.
26.
PRODUCT DISCONTINUANCE: The City may award contracts for products
and/or models of equipment because of this solicitation. If a product or model is
discontinued by the manufacturer, the City, in its sole discretion, may allow the
Contractor to provide a substitute for the discontinued item. Contractor shall
request permission to substitute a new product or model and will provide the
following:
A formal announcement from the manufacturer that the product or model
has been discontinued.
Documentation from the manufacturer that names the replacement product
or model.
Documentation that provides clear and convincing evidence that the
replacement meets or exceeds all specifications required by the original
solicitation
Documentation that provides clear and convincing evidence that the
replacement will be compatible with all functions or uses of the
discontinued product or model.
Documentation from the manufacturer confirming that the price for the
replacement item will be the same as the discontinued item.
The Deputy Finance Director or Department Director will be the sole judge
in determining the allowable substitute, new product or model change for
discontinued item.
27.
OVER THE COUNTER PURCHASES: To support daily operations, Contractor
must be a local stocking distributor able to supply material on a walk-in, over-the-
counter basis. Most purchases will be this type. Orders may be called in or e-
mailed for will-call pickup or delivery by the Contractor. Contractor must have a
purchase order number or shopping cart number before releasing materials.
Contractor must maintain a record of the full name of the person picking up
materials and their city department. The city employee receiving the goods must
sign for all items picked up, using a complete signature and shall obtain an
itemized receipt, packing slip, or delivery ticket. The receipt, packing slip, or
delivery ticket number must be referenced on the final invoice.
Contractor must be capable of retrieving information relating to invoices utilizing
the purchase order number or shopping cart number given at the time the order
was placed.
28.
PALLET CHARGE: All pallets supplied shall be non-refundable, no-deposit.
SECTION III ± SPECIAL TERMS AND CONDITIONS
CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
Pg. 34 Rev. 12/2019
29.
REPAIR AND REPLACEMENT PARTS GUARANTEE: Following the expiration
of any express or implied warranty applicable to those goods, furnished to the City
under this contract, Contractor agrees to supply the City (as well as its agents,
representatives, Contractors, and hires) with in-stock repair and replacement
parts carrying a full manufacturer¶s warranty at a cost that shall not exceed the
cost it would charge if it were contracted to service or install those repair and
replacement parts.
30.
SUBSTITUTION OF SPECIFIED ITEMS: Whenever in the specifications any item
or process is requested or identified by manufacturer name, proprietary name, or
patent such specifications shall be used to facilitate descriptions of the item or
process and shall be followed by the words ³or equal´. The Contractor may offer
any item or process that is equal in every respect. However, if the item or process
delivered is not, in the opinion of the City of Phoenix, equal in every respect to the
specifications, then the Contractor must furnish the item or material that is equal,
in the opinion of the City.
31.
COMMUNICATION IN ENGLISH: It is mandatory that the Contractor¶s lead
person assigned to any City facility can speak, read, and write in English to
effectively communicate with City staff.
SECTION IV ± INSURANCE AND INDEMNIFICATION
CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
Pg. 35 Rev. 12/2019
SECTION IV ± INSURANCE AND INDEMNIFICATION
1.
DEFENSE AND INDEMNIFICATION CLAUSE:
Contractor (³Indemnitor´) must defend, indemnify, and hold harmless the City of
Phoenix and its officers, officials (elected or appointed), agents, and employees
(³Indemnitee´) from and against any and all claims, actions, liabilities, damages,
losses or expenses (including but not limited to court costs, attorney fees, expert
fees, and costs of claim processing, investigation and litigation) of any nature or
kind whatsoever (³Losses´) caused, or alleged to be caused, in whole or in part,
by the wrongful, negligent or willful acts, or errors or omissions of Indemnitor or
any of its owners, officers, directors, members, managers, agents, employees or
subcontractors (³Indemnitor¶s Agents´) arising out of or in connection with this
Contract. This defense and indemnity obligation includes holding Indemnitee
harmless for any Losses arising out of or recovered under any state¶s Workers¶
Compensation Law or arising out of the failure of Indemnitor or Indemnitor¶s Agents
to conform to any federal, state or local law, statute, ordinance, rule, regulation or
court decree. Indemnitor¶s duty to defend Indemnitee accrues immediately at the
time a claim is threatened or a claim is made against Indemnitee, whichever is first.
Indemnitor¶s duty to defend exists regardless of whether Indemnitor is ultimately
found liable. Indemnitor must indemnify Indemnitee from and against any and all
Losses, except where it is proven that those Losses are solely a result of
Indemnitee¶s own negligent or willful acts or omissions. Indemnitor will be
responsible for primary loss investigation, defense and judgment costs where this
indemnification applies. In consideration of the award of this Contract, Indemnitor
waives all rights of subrogation against Indemnitee for losses arising from the work
performed by Indemnitor or Indemnitor¶s Agents for the City of Phoenix. The
obligations of Indemnitor under this provision survive the termination or expiration
of this Contract.
2.
VENDOR¶S INSURANCE:
Vendor must procure insurance against claims that may arise from or relate to
performance of the work hereunder by Vendor and its agents, representatives,
employees and subcontractors. Vendor and subcontractors must maintain that
insurance until all their obligations have been discharged, including any warranty
periods under this Contract.
The City in no way warrants that the limits stated in this section are sufficient to
protect the Vendor from liabilities that might arise out of the performance of the
work under this Contract by the Vendor, its agents, representatives, employees
or subcontractors and Vendor may purchase additional insurance as they
determine necessary.
2.1.
SCOPE AND LIMITS OF INSURANCE: Vendor must provide coverage
with limits of liability not less than those stated below. An excess liability
SECTION IV ± INSURANCE AND INDEMNIFICATION
CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
Pg. 36 Rev. 12/2019
policy or umbrella liability policy may be used to meet the liability limits
provided that (1) the coverage is written on a ³following form´ basis, and (2)
all terms under each line of coverage below are met.
2.1.1. Commercial General Liability ± Occurrence Form
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 Vendor¶s insurance coverage must be primary and non-
contributory with respect to any insurance or self-insurance
carried by the City.
2.1.2. Automobile Liability
Bodily Injury and Property Damage coverage for any owned, hired,
and non-owned vehicles used in the performance of this Contract.
Combined Single Limit (CSL)
$1,000,000
2.1.3. Worker¶s Compensation and Employers¶ Liability
Workers¶ Compensation
Statutory
Employers¶ Liability:
Each Accident
$100,000
Disease ± Each Employee
$100,000
Disease ± Policy Limit
$500,000
Policy must contain a waiver of subrogation against the City of
Phoenix.
This requirement does not apply when a Vendor is exempt under
A.R.S. §23-902(E), AND when such Vendor executes the
appropriate sole proprietor waiver form.
2.2.
NOTICE OF CANCELLATION: For each insurance policy required by the
insurance provisions of this Contract, the Vendor must provide to the City,
within 5 business days of receipt, a notice if a policy is suspended, voided
or cancelled for any reason. Such notice must be mailed, emailed, or hand
delivered to (City of Phoenix Public Works Department, Kristina Pylant,
200
W.
Washington
St.,
7th
Floor,
Phoenix,
AZ
85003,
kristina.pylant@phoenix.gov).
2.3.
ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers
duly licensed or authorized to do business in the state of Arizona and with
SECTION IV ± INSURANCE AND INDEMNIFICATION
CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
Pg. 37 Rev. 12/2019
an ³A.M. Best´ rating of not less than B+ VI. The City in no way warrants
that the required minimum insurer rating is sufficient to protect the Vendor
from potential insurer insolvency.
2.4.
VERIFICATION OF COVERAGE: Vendor must 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 must be sent directly to (City of
Phoenix Public Works Department, Kristina Pylant, 200 W.
Washington St., 7th Floor, Phoenix, AZ 85003,
kristina.pylant@phoenix.gov). The City project/contract number and
project description must be noted on the certificate of insurance. The City
reserves the right to review complete 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.
2.5.
APPROVAL: Any modification or variation from the insurance coverages
and conditions in this Contract must be documented by an executed
contract amendment.
SECTION V ± SCOPE OF WORK
CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
Pg. 38 Rev. 12/2019
SECTION V ± SCOPE
1.
SCOPE OF WORK
The City of Phoenix Public Works Department is seeking vendors to provide
plumbing equipment, materials, supplies, and all ancillary items needed to
replace toilets, urinals, showerheads, faucets and other fixtures as needed to
comply with a City of Phoenix water saving initiative. The list of equipment to be
replaced is still being determined with preliminary figures of approximately 3,500
toilets, 1,000 toilet tanks, 1,300 toilet parts, 4,000 toilets seats, 2,400 faucets,
and 700 shower heads. The list of equipment may be expanded as necessary.
This is a commodities only contract; no service or labor is authorized on this
contract.
Contractor will supply and deliver all plumbing commodities and necessary
ancillary items as ordered by the Public Works Contract Representative (PWCR).
2.
SPECIFICATIONS
As listed on Attachment A ± Bid Price Schedule.
3.
ORDERING/QUOTES
3.1.
Contractor shall include delivery lead times in their quote.
3.2.
If delivery is delayed, Contractor shall notify PWCR immediately in writing
with a new estimated delivery. PWCR will provide further direction as
needed.
3.3.
Quotes shall include:
Part number
Quantity ordered
Price per Bid Price Schedule or Discount/Markup price
Extended price (discount or markup price x quantity)
Estimated date of delivery
Shipping fees will be reimbursed at cost without markup.
Delivery fees to City of Phoenix location are not allowed.
All other fees are specifically disallowed.
Full name of Requestor
City of Phoenix Work Order number
10-digit Purchase Order number
4.
DELIVERY
4.1.
Orders will be delivered at intervals as determined by the PWCR as detailed
in the Purchase Order.
4.2.
Contractor shall arrange all deliveries by calling the Public Works Facilities
Warehouse at (602) 534-9520.
4.3.
The Public Works Facilities Warehouse is subject to the following
limitations:
SECTION V ± SCOPE OF WORK
CITY OF PHOENIX
Solicitation Number__IFB 23-FMD-026____
Pg. 39 Rev. 12/2019
4.3.1 Maximums: Pallet load 3,400 lbs.
4¶x4¶ pallets preferred
4¶x8¶ pallets require Public Works Facilities Warehouse approval
Pallet height shall be no higher than 5¶-6¶.
4.4.
Contractor should indicate if the delivery should be stored indoors, or if
outside storage under a canopy is acceptable.
4.5.
All deliveries will be made to:
Public Works Facilities Operations Warehouse
2631 S. 22nd Avenue
Phoenix, AZ 85003
(602) 534-9520
4.6.
Warehouse Delivery Hours are 7:00 A.M. to 2:30 P.M., Monday through
Friday except for the following City holidays:
New Year¶s Day, Martin Luther King Jr. Birthday, Presidents Day, Cesar
Chavez Birthday, Memorial Day, Juneteenth, Independence Day, Labor
Day, Veterans Day, Thanksgiving, the day after Thanksgiving, Christmas
Day. Four hours on Christmas Eve when it falls on a weekday.
5
INVOICING AND PAYMENT
5.1.
Payment for partial deliveries is not authorized.
5.2.
Purchase receipts shall be submitted with the invoice in order for payment
to be approved.
5.3.
All invoices shall meet the requirements in the Special Terms and
Conditions section of this contract.
SOLICITATION ADDENDUM
CITY OF PHOENIX
Procurement Division
200 W. Washington Street
7th Floor
Phoenix, AZ 85003
Phone: (602) 256-5634
Solicitation Number: IFB 23-FMD-026 (KP) Addendum #1 Page 1 of 3
Solicitation Due Date: Wednesday, September 28, 2022 11:00 a.m. Local Time
WATER CONSERVING PLUMBING FIXTURES AND PARTS
__________________________________________________________________________________________________
QUESTIONS:
Question 1:
Is this a supply opportunity ONLY or does it require installation and onsite services as well?
Response 1:
Yes, this solicitation is for supply only. Labor, installation, and service are not included and will not be
authorized on any resulting contract(s).
Question 2:
Do you anticipate the need for any waterless urinals at any point in the future for your City of Phoenix
water conservation program?
Response 2:
We do not anticipate changing urinals.
Question 3:
Item # 3 Shower head brass 1 ¾ face ± Suncraft has several versions do you have a specific model?
Finish?
Response 3:
Specific model and part information is: Shower Head Brass C/P T-handle (1.5 GPM), Part No. S181-
1.5, UPC. 11180
Question 4:
Item #4 6´ satin nickel arm and flange ± just wanting to verify that you need it in satin nickel versus
chrome?
Response 4:
This item is needed in chrome. See REVISED Attachment A ± Bid Price Schedule.
Question 5:
Item # 11 A1045A 1.28 dual filter - you have listed 3301056 which is plastic blister package ± will you
accept the 3301119 A1045A-Boxed version? It more environmentally friendly and reduces the plastic
waste.
Response 5:
Environmentally friendly is always preferred. Yes, both are acceptable.
SOLICITATION ADDENDUM
CITY OF PHOENIX
Procurement Division
200 W. Washington Street
7th Floor
Phoenix, AZ 85003
Phone: (602) 256-5634
Solicitation Number: IFB 23-FMD-026 (KP) Addendum #1 Page 2 of 3
Solicitation Due Date: Wednesday, September 28, 2022 11:00 a.m. Local Time
Question 6:
Items # 13 and 14 Since you have no specified brand will you be able to accept our generic sponge
gaskets that are ¾ and 1 thick?
Response 6:
Yes, the generic option is acceptable.
Question 7:
Item # 17 in the description you have 1955ct but in the model you list 1955ct/1955ssct. They are 2
different seats one has a standard hinge and the other has ³SS´ self-sustaining check hinge? Since
the cost difference is dramatic between we would like clarification on the preferred seat.
Response 7:
Standard hinge is the preferred seat. See REVISED Attachment A ± Bid Price Schedule.
Question 8:
Item # 3 showerhead«chrome or satin nickel ?
Response 8:
This item is needed in chrome. See REVISED Attachment A ± Bid Price Schedule.
Question 9:
Item # 4 arm and flange say satin nickel«or chrome ?
Response 9:
This item is needed in chrome. See REVISED Attachment A ± Bid Price Schedule.
Question 10:
Item # 9 description says powerflush elongated bowl part# shown is for complete toilet, do you just
want bowl only ?
Response 10:
We provided the item numbers for the tank and bowl individually. However we will be purchasing as a
set and want the power flush elongated bowl and tank combination. See REVISED Attachment A ± Bid
Price Schedule.
Question 11:
Item # 10 description says powerflush tank part# shown is for complete toilet, different from bowl
number, but for complete toilet«do you want tank only ?
Response 11:
We provided the item numbers for the tank and bowl individually. However we will be purchasing as a
set and want the power flush elongated bowl and tank combination. See REVISED Attachment A ± Bid
Price Schedule.
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
BROWN'S PARTSMASTERS, INC.
EXHIBIT C
METHOD AND AMOUNT OF COMPENSATION
The method and amount of compensation is in accordance with Section 3 of the Agreement.
NOT TO EXCEED AMOUNT
The total amount of compensation paid to Contractor for full completion of all work required by the
Statement of Work must not exceed $150,000 for the entire term of the Agreement.
DETAILED PROJECT COMPENSATION
City shall pay contractor compensation in accordance with the rates as set forth in the City of Phoenix
Contract No.157654-0, for Water Conserving Plumbing Fixtures and Parts.