Linking Agreement with Landmark Aquatic Services LLC
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Contract Award Notice
Financial Services
Procurement Office
20 E. 6th Street
Tempe, AZ 85281
Contract Number:
T24-088-01
Issue Date:
February 2, 2024
Description:
Pool Equipment and Repair Services
60266
Award Period
Commercial Pool Repair
Beginning:
February 2, 2024
Robert Stockley
Ending:
February 1, 2025
P.O. Box 28397
Scottsdale, Arizona 85255
Potential Renewals:
4, 1-year renewal options
Phone:
480-661-7788
Cell:
480-250-8378
Email:
robert@commercialpoolrepairaz.com
This Contract Award Notice is issued for the purchase of pool equipment and repair services in accordance with contract
requirements and specifications. The contract shall remain in effect as noted in the award period block unless extended,
renewed or canceled per terms and conditions of the solicitation.
It is to be noted that any contracted vendor document(s) that conflict with the language and requirements of the City's
solicitation are not acceptable and will void the contract. In addition, contracted vendor is not to begin work or make delivery
of awarded items until any and all required insurance is posted with the City Procurement Office. If contracted vendor has
a change of address for mailing payments and/or for mailing future bid solicitations, it is the vendor’s responsibility to notify
the City Procurement Officer identified with this contract and to ensure all such mailing address information is kept current.
Please note that your City of Tempe contract number should appear on all shipping documents, invoices and statements.
Invoices are to be sent directly to the requesting department.
Award Information:
Item
Description
Unit Price
1.
Regular Hourly Charges. Work done between the hours of 6:00 a.m. and 4:00 p.m., Monday
through Friday, excluding City holidays. (SOW 9.1.3 a)
$115.00
2.
Overtime Hourly Charges. Work done between the hours of 4:00p.m. and 6:00a.m., Monday
through Friday,4:00 p.m. to midnight on Friday, all day on Saturday and Sunday, midnight on
Sunday to 6:00 a.m., Monday and all day on City holidays. (SOW 9.1.3 b)
$172.00
3.
Weekend Hourly Charges
$172.00
4.
Holiday Hourly Charges
$230.00
Provide a description for each listed Mfg. catalog including brand name (Include a link to
catalog or name the catalog) Catalog Discount
Catalog
Discount %
5.
Alladin Equipment Catalog
8%
6.
Antiwave Pool Products
5%
7.
Aqua Creek
2.5%
8.
Bio Dex Laboratories
5%
9.
Chlorking
Parts 5%,
Whole Goods
at 3.5%
10.
Clear Comfort
6.5%
11.
Clear Water ozone
4%
12.
Competitor Swim Products
7.5%
13.
SR Smith
7%
14.
T-Star Pool Covers
3.5%
EXHIBIT A
________________________________
Cecille Lewis
Procurement Officer
__________________________________
Michael Greene, C.P.M., CPPO
Procurement Administrator
All terms and conditions of this Award Document are per the City's Solicitation Document
THIS IS NOT A PURCHASE ORDER
15.
Pentair Commercial
5%
16.
Pentair (Stark and Commercial)
7%
17.
Chemtrol
6%
18.
WaterCO
10%
19.
Maytronics/Dolphin
7.5%
20.
Blue and White Industries
5%
21.
Jim Bouy
22.
Daldorado
4%
23.
Lawson Aquatics
2.5%
24.
Neptune Benson
5%
25.
Duraflex International
2%
26.
Glacier Pool Coolers
1.5%
27.
Custom Molded Products
8%
28.
Teylor Testing
10%
29.
Lamotte
5%
30.
Palin Test
8%
31.
H2Flow
Valves 8%,
VFD 5%
32.
MerMade Filter
5%
33.
Nidec Motor (US Motor)
6%
34.
Orenda Technologies
7.5%
35.
Oreq Chemicals
5%
36.
Pentair NY
5.5%
Cost-plus Percentage for the purchase of consumable supplies
1.25%
(markup)
25%
Tax noted at 8.05%
'•t
Tempe
Contract Renewal Notice
Financial Services
Procurement Office
20 E 5tn Street
Tempe, AZ. 85281
Date January 13, 2025
T24-088-01
Pool Equipment and Repair Services
Contract Number Contract
Description
103214
Landmark Aquatic Services, LLC
Robert Stockley
PO BOX28397
Scottsdale, AZ 85255
Contract Renewal Information
Renewal Information
Beginning
February 2, 2025
Ending
February 1, 2026
Renewal
1 of 4
The City of Tempe is requesting renewal of the above mentioned contract under the same terms and conditions at either
current contract prices/discounts or at prices/discounts more favorable to the City of Tempe.
If the contractor has lowered the market price{s) of any item(s) on the City's contract, then such lowered prices should be
offered to the City of Tempe.
Where performance bonds and/or insurance coverage were requirements of the City's original solicitation/contract, a
renewing contractor must provide evidence of bonds and/or insurance extensions .as applicable to ongoing City of Tempe
contract. Failure to provide insurance certificates as outlined below may result in contract cancellation.
Commercial Pool Repair certifies that it is not currently engaged in, and agrees for the duration of this Contact/Agreement
that it will not engage in, a boycott of Israel, as that term is defined in A.R.S.§ 35-393
Contractor hereby acknowledges receipt and understanding of this Contract Renewal Notice and that a signed
copy of this notice must be filed with the City of Tempe Procurement Office within thirty (30) days from the above
noted issue date and the updated insurance certificates (City of Tempe included as additional insured) will be
submitted.
Please note: If included, the Affidavit of Compliance form must be completed and returned with the renewal documents.
This affidavit is related to the City's new anti-discrimination ordinance that requires compliance from all City contractors.
Procurement Officer
Cecille Lewis
Procurement Specialist
Kim Truong
480-350-8801
cecille _lewis@tempe.gov
480-350-8682
Kim_ Truong@tempe.gov
Contract Renewal Notice Page 1 of 2
To Be Completed and Signed By Commercial Pool Repair
T24-088-01
Contract Number
Contract Description
Pool Equipment and Repair Services
Contractor's Name
Contractor's Mailing Address
Landmark Aquatic Services, LLC
PO BOX28397
Scottsdale, AZ 85255
Printed name of person signing
Phone Number
'7?hr1 f--/cJJy
email Address
Contractor's Authorized Signature
City of Tempe Contract Renewal Acceptance
Cec1lte Lewis
Cecille Lewis (Feb 21, 2025 08:31 MST)
Cecille Lewis
Procurement Officer
Date
Michael Greene, CPM, CPPO
Procurement Administrator
Contract Renewal Notice Page 2 of 2
Date
Date
Financial Services
Procurement Office
20 E 6th Street
Tempe, AZ 85281
Contract Number
Date
November 18, 2025
Contract Description
103214
Beginning
February 2, 2026
Ending
February 1, 2027
Renewal
2 of 4
Procurement Officer
480-350-8801
Procurement Contract Specialist
480-350-8682
Landmark Aquatic Services, LLC certifies that it is not currently engaged in, and agrees for the duration of this Contact/Agreement
that it will not engage in, a boycott of Israel, as that term is defined in A.R.S.§ 35-393
The City of Tempe is requesting renewal of the above mentioned contract under the same terms and conditions at either current
contract prices/discounts or at prices/discounts more favorable to the City of Tempe.
cecille_lewis@tempe.gov
kim_truong@tempe.gov
Contract Renewal Notice Page 1 of 2
Please note: If included, the Affidavit of Compliance form must be completed and returned with the renewal documents. This affidavit
is related to the City's new anti-discrimination ordinance that requires compliance from all City contractors.
Contract Renewal Notice
Cecille Lewis
Kim Truong
Contract Renewal Information
T24-088-01
Robert Stockley
Pool Equipment and Repair Services
PO BOX 28397
Landmark Aquatic Services, LLC
Contractor hereby acknowledges receipt and understanding of this Contract Renewal Notice and that a signed copy of this
notice must be filed with the City of Tempe Procurement Office within thirty (30) days from the above noted issue date and
the updated insurance certificates (City of Tempe included as additional insured) will be submitted.
Where performance bonds and/or insurance coverage were requirements of the City's original solicitation/contract, a renewing
contractor must provide evidence of bonds and/or insurance extensions as applicable to ongoing City of Tempe contract. Failure to
provide insurance certificates as outlined below may result in contract cancellation.
Scottsdale, AZ 85255
Renewal Information
If the contractor has lowered the market price(s) of any item(s) on the City's contract, then such lowered prices should be offered to
the City of Tempe.
Contract Number
Contract Description
Date
Date
Date
Procurement Officer
Procurement Manager
Contract Renewal Notice Page 2 of 2
Michael Greene, CPM, CPPO
Contractor's Authorized Signature
City of Tempe Contract Renewal Acceptance
To Be Completed and Signed By Landmark Aquatic Services, LLC
Contractor's Mailing Address
Cecille Lewis
PO BOX 28397 Scottsdale, AZ 85255
Printed name of person signing
Phone Number
email Address
Contractor's Name
Landmark Aquatic Services, LLC
T24-088-01
Pool Equipment and Repair Services
Robert Stockley
(480) 250-8378
1/16/26
__________________________________________ ________________________
Signature
Date
__________________________________________ ________________________
Print Name
Title
__________________________________________
Per House Bill 2488 approved by the Arizona Legislature, this law stipulates that a public entity may not enter into or
renew a contract with a company for the acquisition or disposition of supplies, services, goods, information
technology or construction unless the contract includes written certification that the company does not currently, and
agrees for the duration of the contract that it will not, use:
Based on the above, the supplier certifies:
Company Name
AFFIDAVIT OF COMPLIANCE WITH HOUSE BILL 2488
SUPPLIER AGREES TO NOT USE THE FORCED LABOR OF ETHNIC UYGHURS IN THE PEOPLE’S REPUBLIC OF CHINA
Robert Stockley
Landmark Aquatic Services LLC
1/16/26
GM
REQUEST FOR PROPOSAL
RFP# 24-088
POOL EQUIPMENT AND REPAIR SERVICES
RFP ISSUE DATE:
DECEMBER 28, 2023
DEADLINE FOR INQUIRIES/QUESTIONS:
JANUARY 8, 2024, AT 5:00 P.M. LOCAL ARIZONA TIME
RFP DUE DATE AND TIME:
JANUARY 16, 2024, 3:00 P.M. LOCAL ARIZONA TIME
ALL INQUIRIES MUST BE DIRECTED TO:
MICHAEL GREENE, C.P.M., CPPO
EMAIL: Michael_Greene@tempe.gov
480-350-8516
Submit Electronic Proposal and Documents To:
https://tempe-gov.bonfirehub.com
Table of Contents
General Instructions .......................................................................................................................................... 3
Standard Terms and Conditions ........................................................................................................................ 8
Special Terms & Conditions ............................................................................................................................ 17
Scope of Work ................................................................................................................................................. 24
Proposal Questionnaire ................................................................................................................................... 30
Evaluation Criteria ........................................................................................................................................... 32
Pricing Section ................................................................................................................................................ 33
Vendor’s Offer ................................................................................................................................................. 36
Anti-Discrimination Policy ................................................................................................................................ 37
Affidavit of Compliance with House Bill 2488 ................................................................................................... 39
Supplier Sustainability Questionnaire .............................................................................................................. 40
RFP# 24-088 Pool Equipment and Repair Services
3 | Page
General Instructions
Failure to follow these instructions may result in rejection of proposal for non-responsiveness or cancellation of any Contract
awarded.
1.
Preparation of Proposal:
A.
Proposals shall be submitted through the City’s Procurement Portal (Bonfire) website at https://tempe-
gov.bonfirehub.com under the appropriate solicitation opportunity no later than the designated due date
and time and duly signed by an authorized representative of the company. Submissions submitted
elsewhere or under the wrong solicitation will not be considered.
B.
Submission materials should be prepared in the file formats listed under Requested Information for this
opportunity in the Bonfire Portal. The maximum upload file size is 1000 MB. Documents should not be
embedded within uploaded files, as the embedded files will not be accessible or evaluated.
C.
Submissions may be amended via the City’s Bonfire Portal but only before the designated due date and
time.
D.
The signed proposal response constitutes an irrevocable offer to sell the goods and/or services specified
herein. Offeror shall submit all additional data, documentation, or information as requested by the City,
signifying its intent to be bound by the terms of the Request for Proposal.
E.
Negligence in preparation of a proposal confers no right of withdrawal. Offeror is solely responsible for
seeking clarification of any requirement and presenting accurate information in the proposal response. The
City shall not reimburse any costs for a proposal, or its submission, presentation or withdrawal, for any
reason. Failure to read, examine and understand the solicitation and any of its addenda will not excuse any
failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be
a basis for claiming additional compensation.
F.
The proposal must be uploaded, submitted and finalized prior to the designated due date and time. The
City strongly recommends allowing sufficient time and at least one (1) day before the due date to begin the
uploading process and to finalize the submission.
2.
Definitions: For purposes of this Request for Proposal and resultant Contract, the following definitions apply:
A.
“City” means the municipal corporation of the City of Tempe, Arizona.
B.
“Code Governance” means unless otherwise specified herein, the provisions of the Tempe City Code,
Chapter 26A shall apply and govern this Request for Proposal.
C.
“Contract” means the agreement for the procurement of goods, equipment, materials, software,
maintenance, contracted services, professional services, or concessions.
D.
“Contractor” means an Offeror responding to a Request for Proposal who has been awarded a Contract
with the City.
E.
“Offer” means a written offer to furnish goods, equipment, materials, software, maintenance, contracted
services, professional services, or concessions to the City, in conformity with the standards, specifications,
delivery terms and conditions, and all other requirements established in a competitive solicitation.
F.
“Offeror” means a business, entity or person who submits an Offer in response to a competitive solicitation.
G.
“Public Record” means proposals and all other documents submitted in response to this solicitation shall
become the property of the City and shall be a matter of public record available for review following the
Contract award.
RFP# 24-088 Pool Equipment and Repair Services
4 | Page
H.
“Purchase Order” means a document issued by the Procurement Office directing the Contractor to deliver
the goods, equipment, materials, software, maintenance, contracted services, professional services or
concessions. to the City.
I.
“Request for Proposal” means a competitive solicitation issued by the City for the procurement of goods,
equipment, materials, software, maintenance, contracted services, professional services or concessions.
3.
Late, Unsigned and/or Incomplete Proposal: A late, unsigned and/or materially incomplete proposal will be
considered nonresponsive and rejected.
4.
Inquiries: Questions regarding this Request for Proposal shall be directed to the Procurement Officer identified on
the cover page of this document through Messages/Opportunity Q&A on the City’s Procurement Portal through
Bonfire. Offerors shall not contact or ask questions of other City staff or the City department for which the
requirement is being procured. All questions must be submitted no later than the date and time indicated in the
City’s Bonfire Portal.
5.
Withdrawal of Proposal: At any time before RFP Due and time, an Offeror may un-submit a proposal response
through the City’s Bonfire portal.
6.
Proposal Addenda: Any changes to the solicitation document will be in the form of an Addendum. Addenda are
posted on the City’s Procurement Portal (Bonfire) website at https://tempe-gov.bonfirehub.com under the
appropriate solicitation opportunity. Interested parties are cautioned to check the Procurement Portal through
Bonfire for addenda prior to submitting the proposal. The City will not be held responsible if an Offeror fails to receive
any addenda issued. The City shall not be responsible for any oral changes to the scope of work or specifications
made by any employees or officer of the City and interested parties are cautioned not to rely on any such changes.
7.
Compliance with City Solicitation Requirements: Unless stated otherwise in this Request for Proposal, the City
reserves the right to award by individual line item, by group of items, or as a total at the City’s discretion. The City
expressly reserves the right to waive any immaterial defect or informality, or reject any or all proposals, or portions
thereof, or reissue this Request for Proposal.
8.
Compliance of Proposal Offeror/Contractor Forms: Any documents or forms (including separate Contract,
maintenance agreement or training agreement) intended by the Offeror to be utilized in any resulting Contract, must
be submitted with the proposal. Any documents inconsistent with or taking exception to the terms, conditions,
specifications and/or other requirements stated within this Request for Proposal may cause the proposal to be
considered as nonresponsive and rejected. No documents will be considered unless submitted with vendor’s
proposal offer and approved by the Procurement Office.
9.
Responsiveness to Specifications: Performance or feature requirements which are designated as mandatory or
minimums are needed in order to satisfy an identified task or performance need. A description is given for each
designated feature. This description shall be used to determine if the Offeror's proposed product(s) and/or
service(s) is/are capable of performing the function(s) specified in the Request for Proposal.
It is recognized that more than one method may be used to accomplish the sought-after task functionality.
If Offeror has an alternate method of performing functional tasks, then Offeror shall list such method as an
"alternate" and described in full detail within the proposal. The City shall be the sole judge as to whether any
alternate methodology will be accepted.
"Must", "shall", "will", "minimum", "required" and/or "mandatory" performance/feature statements must be met or
exceeded by the Offeror. Should no Offeror be found responsive to all designated Request for Proposal
requirements, the City at its option, may either award the Contract to the most responsive Offeror or cancel the
Request for Proposal and issue another Request for Proposal for the need under revised specifications.
10.
Code Governance: Unless otherwise specified herein, the provisions of the Tempe City Code, Chapter 26A shall
apply and govern this Request for Proposal.
RFP# 24-088 Pool Equipment and Repair Services
5 | Page
11.
Questionnaire: Offeror must complete the Questionnaire portion of this Request for Proposal and provide any
documentation required to support the answers. Questionnaire items, which are designated as mandatory, are
needed to satisfy a required task or performance criteria. Items, which may be listed as desirable, are not required
to be responsive to the Request for Proposal and will be relatively evaluated against other proposals in making a
final award decision. If supporting documentation is required, Offeror shall provide the documentation in the
sequence set forth in the Request for Proposal and ensure all technical literature and/or narrative explanations fully
address the specifics of the question. Vague or disorganized responses that do not allow sufficient information for
evaluation purposes may result in rejection of a proposal.
12.
Clarifications and Negotiations with Offerors and Revisions to Proposal: Clarifications may be made with any
submitting firm at any time during the evaluation phase of this procurement. Clarifications are not negotiations and
may be utilized by the City to ensure thorough and complete understanding of, and responsiveness to, the
solicitation requirements. Negotiations may be conducted with responsible Offerors who submit proposals
determined to be reasonably susceptible of being selected for award. The purpose of negotiations is to allow the
City and the Offeror(s) to revise initial offers through an exchange or series of exchanges. Should the City elect to
call for best and final offers, Offerors shall be accorded fair and equal treatment with respect to any opportunity for
negotiations and revision of proposals, and such revisions may be permitted after submissions and prior to award.
In conducting clarifications and negotiations there shall be no disclosure of any information derived from proposals
submitted by competing Offerors. The purposes of such negotiations shall include but not be limited to:
A.
Determine in greater detail such Offeror's qualifications;
B.
Explore with the Offeror the scope and nature of the project, the Offeror's proposed method of performance,
and the relative utility of alternate methods of approach;
C.
Determine that the Offeror will make available the necessary personnel and facilities to perform within the
required time; and
D.
Agree upon compensation, which is fair and reasonable, taking into account the estimated value of the
required services, and the scope, complexity and nature of such services.
13.
Proposal Opening: Proposals shall be opened at the time and place designated on the cover page of this Request
for Proposals. The name of each Offeror and the identity of the Request for Proposal for which the proposal was
submitted shall be publicly read and recorded in the presence of witnesses. Proposals, modifications and all other
information received in response to this Request for Proposal shall be shown only to City personnel having a
legitimate interest in its evaluation. Prices shall not be read. After Contract award, the proposals and the evaluation
documentation shall be open for public inspection, except where the City has determined that specific portions of
the proposal are confidential.
14.
Proposal Evaluation and Award: The City shall determine whether a proposal meets the specifications and
requirements of this Request for Proposal, at its sole discretion, and reject any proposals not meeting the intent or
requirements set forth herein. Award(s) shall be made to the responsible Offeror whose proposal is determined in
writing to be the most advantageous to the City, taking into consideration the evaluation factors set forth in the
Request for Proposal. The City shall be the sole judge as to the acceptability of the products and/or services offered.
The City reserves the right to reject any and all proposals.
15.
Award of Contract: A proposal shall constitute a binding Offer to Contract with the City based on the terms,
conditions and specifications contained in this Request for Proposal. An Offeror shall become a Contractor only
upon execution of a formal Contract from the Procurement Office. Unless this Request for Proposal includes
separate Contract document(s) or requires the Offeror to submit a Contract for review, a Contract shall be formed
when the Procurement Office provides a written notice of award or a purchase order to the successful Offeror. All
terms and conditions of the Contract are contained herein, unless modified by an amendment approved by the City.
Proposals that take exception to the terms, conditions, specifications and/or other requirements stated within this
Request for Proposal may cause the vendor’s Offer to be considered non-responsive and rejected. Exceptions will
be evaluated on an individual basis to determine compliance with the purpose and intent of the terms and conditions
stated within this solicitation. The City shall be the sole judge as to whether an exception complies with the general
purpose and intent of any term, condition and/or specification set forth herein.
RFP# 24-088 Pool Equipment and Repair Services
6 | Page
16.
Proposal Results: Offers will be opened on the stated due date, time and location indicated on the cover sheet of
the solicitation at which time the name of each offeror will be read. Offers and all evaluation information are not
available for public inspection until after the contract has been awarded. After award of the contract, an appointment
may be made with the Procurement Officer to review quotation documents.
A preliminary bid tabulation will be posted on the City’s Procurement Portal (Bonfire) immediately following the
public bid opening. The information on the preliminary tabulation will be posted as it was red during the opening.
The City makes no guarantee as to the accuracy of any information on the preliminary tabulation. Formal contract
award results shall be placed on the Procurement Office web page https://www.tempe.gov/government/financial-
services/procurement and posted at the front counter of the Procurement Office at the time the contract award is
approved by the City Council. Award recommendations may also be viewed via the City Clerk’s web site normally
up
to
five
(5)
days
prior
to
the
scheduled
City
Council
meeting
by
visiting
https://tempe.hylandcloud.com/AgendaOnline/.
17.
Protests: Any actual or prospective Offeror who is aggrieved in conjunction with this Request for Proposal or award
may protest the award to the Procurement Office. A protest based upon alleged improprieties in this Request for
Proposal that are apparent before the proposal opening shall be filed prior to the proposal due date/time. A protest
concerning an award recommendation must be filed within ten (10) business days after the date of award. Up to
five (5) days before award of a contract, the Procurement Office will post award recommendations on the City Clerks
website at (https://tempe.hylandcloud.com/AgendaOnline/) and at the Procurement Office front counter and web
site for public review (www.tempe.gov/procurement). A protest shall be in writing and include the protester’s name,
address and phone number, identification of the solicitation or Contract being protested, a detailed statement of the
legal and factual grounds of the protest, including copies of all relevant documents and the form of relief requested.
A protest is to be on the protester’s company letterhead and signed by the protestor or its authorized representative.
18.
Tax: Unless specified herein, sales, use or federal excise tax shall not be included in proposal pricing. The City is
exempt from payment of federal excise tax. For proposal evaluation, transaction (sales) privilege tax paid to the
City of Tempe (1.8%) is considered a pass-through cost, calculated as zero ($0) expense when comparing pricing
among competing companies that are not located in Tempe. For information on privilege (sales) tax, please contact
the City's Tax and License Office at (480) 350-2955 or visit their web site at Sales Tax & Regulatory Licenses.
19.
Payment: For a single requirement purchase, the City will endeavor to remit payment within thirty (30) calendar
days from receipt and approval of acceptable products, materials and/or services and approval of correct invoice.
For ongoing term contract purchases, the City will endeavor to remit payment within thirty (30) calendar days from
approval of invoice.
20.
Discounts: Payment discounts periods shall be computed from the date of receipt of acceptable products,
materials and/or services or correct invoice, whichever is later to the date payment is mailed. Discounts shall be
taken on the full amount of the invoice, unless otherwise indicated. The City shall be entitled to receive any discounts
offered by Offeror if payment is made within the discount period.
21.
Payment by City Procurement Card: The Procurement Office may elect to remit payment through the use of a
City procurement card. Each Offeror may indicate on the Vendor’s Offer Page in this Request for Proposal its ability
to accept City procurement card payments. The inability to accept payment by City procurement card will not
disqualify a proposal.
22.
Public Record: Proposals and all other documents submitted in response to this solicitation shall become the
property of the City and shall be a matter of Public Record available for review following the Contract award.
Material portions of the recommended Offer(s) as determined by the City may be posted to the City’s website up to
five (5) days prior to the City Council meeting.
23.
Late Responses: The Offeror assumes responsibility for having the Proposal submitted on time to the City’s
Procurement Portal (Bonfire) website. Any offers received after the RFP Due Date and Time shall not be
considered. The Offeror assumes the risk of any delay in the electronic processing of the proposal response to
Bonfire. Offerors must allow adequate time to ensure that the proposal is timely received.
RFP# 24-088 Pool Equipment and Repair Services
7 | Page
24.
Copying Responses: The Offeror hereby grants the City permission to copy all parts of its offer including, without
limitation, any documents and/or materials copyrighted by the Offeror. The City’s right to copy shall be for internal
use in the evaluating the Offers.
25.
Confidential Information and Public Record: After award of a contract, proposals shall be available for public
inspection, except to the extent that the withholding of information is required or permitted by law. Pursuant to
A.R.S. § 35-214, and 41-1330 et seq., all records relating to the Request for Proposal and contract shall be subject
to inspection at all reasonable times by the City for five (5) years after completion of the contract. Such records shall
be produced by Offeror or Contractor at the time and place designated by the City.
A.
If a person believes that an offer or specification contains information that should be withheld as
confidential, a statement advising the procurement officer of this fact shall accompany the submission and
the information shall be so identified wherever it appears. A general statement of confidentiality that is not
appropriately referenced to a specific section of the RFP will not be sufficient to warrant protection by the
City. The confidential portion of the submission must be clearly noted with accompanying justification for
treating the section confidential. Failure of the vendor to appropriately designate confidential information in
this manner will relieve the City of any obligation to protect this information as confidential.
B.
The information identified by the person as confidential shall not be disclosed until the Procurement Office
makes a written determination pursuant to A.R.S. § 121, et seq.
C.
If the City determines to disclose the information, the Offeror shall be informed in writing of such
determination. Notwithstanding the foregoing, following an award of contract, all proposal response
information shall be available for public inspection.
RFP# 24-088 Pool Equipment and Repair Services
8 | Page
Standard Terms and Conditions
Please note that these Standard Terms & Conditions shall be fully complied with by Offeror. Failure to comply with these
requirements may result in the rejection of a proposal for non-responsiveness, or cancellation or termination of any
awarded contract.
1.
Applicable Law: This Contract shall be governed by, and the City and Contractor shall have all remedies
afforded each by the Uniform Commercial Code as adopted in the State of Arizona, except as otherwise provided
in this Request for Proposal and resultant contract, and all statutes, or ordinances pertaining specifically to the
City. This Contract shall be governed by State of Arizona law and suits pertaining to this Contract may only be
brought in courts located in Maricopa County, Arizona.
2.
Arizona Climate Action Compliance: Offeror shall comply with all applicable standards, laws, rules, orders and
regulations issued pursuant to A.R.S. §49-101, et seq., including but not limited to, Arizona Executive Orders
Nos. 2006-13, 2005-02, and 2010-14 with regard to reducing GHG emissions, increasing energy efficiency,
conserving natural resources and developing renewable energy sources.
3.
Availability of Funds for the Next Fiscal Year: The City's obligation for performance of the Contract is
contingent upon the availability of City, state and federal funds that are allocated or appropriated for payment
obligations of the Contract. If funds are not allocated by the City or available for the continued use or purchase
of services, work and/or materials set forth herein, the City may terminate the Contract. The City will use
reasonable efforts to notify Contractor of such non-allocation affecting the obligations of the Contractor and/or
City. The City shall not be penalized or adversely affected for exercise of its termination rights. Further, the City
shall in no way be obligated or liable for additional payments or other damages as a result of such termination.
No legal liability on the part of the City for any payment may arise for performance under this Contract.
4.
Billing: All invoices submitted by Contractor for the City's review and approval shall be in itemized form to identify
the specific item(s) being billed. Any purchase/delivery order issued by the City shall refer to the Contract number
resulting from this Request for Proposal. Separate invoices are required on individual contracts or purchase
orders. Only invoices with items resulting from this Request for Proposal will be accepted for review and approval
by the City.
5.
Commencement of Work: Contractor is cautioned not to commence any work or provide any materials or
services under the Contract until and unless Contractor receives a purchase order, Notice to Proceed, or is
otherwise directed in writing to do so, by the City.
6.
Certification: By signing the “Vendor’s Offer”, the Offeror certifies:
A.
The submission of the proposal response did not involve collusion or other anti-competitive practices.
B.
Offeror agrees that it will comply with section 2-603(5) of the Tempe City Code (“TCC”) and will not refuse
to hire or employ or bar or discharge from employment any person or discriminate against such person
in compensation, conditions, or privileges of employment because of race, color, gender, gender identity,
sexual orientation, religion, national origin, familial status, age, disability, or United States military veteran
status. Offeror further agrees to provide a copy of its antidiscrimination policy to the Procurement Officer
to demonstrate compliance with TCC section 2-603(5) or attest in writing to its compliance in accordance
with the attached Affidavit of Compliance.
C.
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. Failure to sign the “Vendor’s Offer” or signing it with a false statement
shall void the submitted proposal and any resulting Contract. In addition, the Offeror may be barred from
future proposal and bidding participation with the City and may be subject to such further actions as
permitted by law.
D.
Offeror agrees to promote and offer to the City only those materials and/or services as stated and allowed
by this Request for Proposal and resultant contract award. Violation of this condition shall be grounds for
Contract termination by the City.
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E.
Offeror expressly warrants that it has and will continue to comply in all respects with Arizona law
concerning employment practices and working conditions, pursuant to A.R.S. § 23-211, et seq., and all
laws, regulations, requirements and duties relating thereto. Offeror further warrants that to the extent
permitted by law; it will fully indemnify the City for any and all losses arising from or relating to any violation
thereof.
F.
Contractor agrees and covenants that it will comply with any and all applicable governmental restrictions,
regulations and rules of duly constituted authorities having jurisdiction insofar as the performance of the
work and services pursuant to the Contract, and all applicable safety and employment laws, rules and
regulations, including but not limited to, the Fair Labor Standards Act, the Walsh-Healey Act, and the Legal
Arizona Workers Act (LAWA), and all amendments thereto, along with all attendant laws, rules and
regulations. Contractor acknowledges that a breach of this warranty is a material breach of this Contract
and Contractor is subject to penalties for violation(s) of this provision, including termination of this Contract.
The City retains the right to inspect the documents of any and all contractors, subcontractors and sub-
subcontractors performing work and/or services relating to the Contract to ensure compliance with this
warranty. Any and all costs associated with City inspection are the sole responsibility of Contractor.
Contractor hereby agrees to indemnify, defend and hold City harmless for, from and against all losses and
liabilities arising from any and all violations thereof.
G.
If the Contractor engages in for-profit activity and has 10 or more employees, and if this Contract has a
value of $100,000 or more, Contractor certifies it is not currently engaged in, and agrees for the duration
of this Contract to not engage in, a boycott of goods or services from Israel. This certification does not
apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. §
4842. Unless and until the U.S. District Court, District of Arizona’s injunction is lifted, A.R.S. § 35-393.01
is unenforceable.
H.
Compliance with A.R.S. § 35-394. Contractor hereby certifies that it does not currently, and agrees for the
duration of this Agreement, that Contractor will not, use: 1. The forced labor of ethnic Uyghurs in the
People’s Republic of China; 2. Any goods or services produced by the forced labor of ethnic Uyghurs in
the People’s Republic of China; or 3. 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.
Contractor hereby agrees to indemnify and hold harmless the Customer, its officials, employees, and
agents from any claims or causes of action relating to the Customer’s action based upon reliance upon
this representation, including the payment of all costs and attorney fees incurred by the Customer in
defending such as action. Curing the term of agreement, Contractor shall alert the City within five (5) days
after becoming aware of its noncompliance with this statute and cure any noncompliance within 180 days
after initial notification of noncompliance. Failure to cure in accordance with the provisions of this statute
shall result in contract termination.
7.
Confidentiality of Records: Contractor shall establish and maintain procedures and controls that are acceptable
to the City for the purpose of assuring that no information contained in its records or obtained from the City or from
others in carrying out its functions under the Contract shall be used by or disclosed by it, its agents, officers, or
employees, except as required to efficiently perform duties under the Contract. Persons requesting such
information should be referred to the City. Contractor also agrees that any information pertaining to individual
persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of
duties under the Contract, unless otherwise agreed to in writing by the City.
8.
Contract Formation: This Contract shall consist of this Request for Proposal and the vendor’s proposal offer
submitted, as may be found responsive and approved by the City. In the event of a conflict in language between
the documents, the provisions of the City’s Request for Proposal shall govern. The City’s Request for Proposal
shall govern in all other matters not otherwise specified by the Contract between the parties. All previous contracts
between the Offeror and the City are not applicable to this Contract or other resultant contracts. Any contracted
vendor documents that conflict with the language and requirements of the City's solicitation are not acceptable and
void the Contract.
9.
Contract Modifications: This Request for Proposal and resultant Contact may only be modified by a written
contract modification issued by the Procurement Office and counter-signed by the Contractor. Contractors are not
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authorized to modify any portion of this solicitation or resulting Contract without the written approval of the
Procurement Office and issuance of an official modification notice.
10.
Contract Administration: Contractor must notify the designated Procurement Officer from the Procurement
Office for guidance or direction on matters of Contract interpretation or problems regarding the terms, conditions
or scope of this Contract. The Contract shall contain the entire agreement between the City and the Contractor
and the Contract shall prevail over any and all previous agreements, contracts, proposals, negotiations, purchase
orders or master agreements in any form.
11.
Cooperative Use of Contract: Any Contract resulting from this solicitation shall be for the use of the City of Tempe.
In addition, public and nonprofit agencies that have entered into a Cooperative Purchasing Agreement with the
City of Tempe’s Department of Procurement are eligible to participate in any subsequent Contract. Additionally, this
Contract is eligible for use by the Strategic Alliance for Volume Expenditures (SAVE) cooperative.
See http://www.mesaaz.gov/business/purchasing/save for a listing of participating agencies. The parties agree that
these lists are subject to change. Any such usage by other municipalities and government agencies must be in
accord with the ordinance, charter and/or rules and regulations of the respective political entity.
Any orders placed to, or services required from, the successful Contractor(s) will be requested by each participating
agency. Payment for purchases made under this agreement will be the sole responsibility of each participating
agency. The City shall not be responsible for any disputes arising out of transactions made by others. Contractor
shall be responsible for correctly administering this Contract in accordance with all terms, conditions, requirements,
and approved pricing to any eligible procurement unit.
12.
Delegated Awards: In the event this Contract is administratively awarded via delegated authority as provided for
in Section 26A-5 of the Procurement Ordinance, the Contractor acknowledges that a final Contract with the City of
Tempe requires City Council approval and possibly the signature of the Mayor. Should this Contract be rejected by
the City Council, Contractor agrees that it is immediately void and unenforceable against any party. The awarded
firm(s) will be compensated only for any and all costs incurred up to the date of notification of such termination.
13.
Dispute Resolution: This Contract is subject to arbitration to the extent required by law. If arbitration is not
required by law, the City and the Contractor agree to negotiate with each other in good faith to resolve any
disputes arising out of the Contract. In the event of any legal action or proceeding arising out of this Contract,
the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs incurred with said fees
and costs to be included in any judgment rendered.
14.
Energy Efficient Products: The City may consider energy conservation factors including costs in the evaluation
of equipment and product purchases for the purpose of obtaining energy efficient products. In addition, vendor
proposal Offers may specify items that have been given an energy efficient classification by the federal
government for consideration by the City.
15.
Estimated Quantities: This Request for Proposal references quantities as a general indication of the City’s needs.
The City anticipates considerable activity resulting from Contracts that will be awarded as a result of this Request
for Proposal; however, the quantities shown are estimates only and the City reserves the right to increase or
decrease any quantities actually acquired, in its sole discretion. No commitment of any kind is made concerning
quantities and Offeror hereby acknowledges and accepts same.
16.
Interpretation of Parol Evidence: This Contract is intended as a final expression of the agreement between the
parties and as a complete and exclusive statement of the Contract, unless the signing of a subsequent Contract is
specifically called for in this Request for Proposal. No course of prior dealings between the parties and no usage
of the trade shall be relevant to supplement or explain any term used in the Contract. Acceptance or acquiescence
in a course of performance rendered under this Contract shall not be relevant to determine the meaning of the
Contract, even though the accepting or acquiescing party has knowledge of the nature of the performance and
opportunity to object.
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17.
Events of Default and Termination:
A.
In the event a party is in default then the other party may, at its option and at any time, provide written
notice to the defaulting party of the default. The defaulting party will have thirty (30) days from the receipt
of the written notice to cure the default; the thirty (30) day cure period may be extended by mutual
agreement of the parties, but no cure period may exceed ninety () days. A default notice will be deemed
to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default.
Failure of the non-defaulting party to provide written notice of the default does not waive any rights under
the Agreement. The occurrence of any one or more of the following events shall constitute a material
breach of and default under the Contract.
i)
Any failure by Contractor to pay funds or furnish materials, services and/or goods that fail to
conform to any requirement of this Contract or provide personnel that do not meet Contract
requirements;
ii)
Any party’s failure to observe, perform or undertake any provision, covenant or condition of this
Contract to be observed or performed by Contractor or City herein, including but not limited to
failing to submit any report required herein;
iii)
Any failure to make progress in the performance required pursuant to the Contract and/or gives
either party reason to believe that the other party cannot or will not perform to the requirements of
the Contract; or,
iv)
Any failure of Contractor to commence construction, work or services within the time specified
herein, and to diligently undertake Contractor’s work to completion.
B.
In the event the default has not been corrected to the non-defaulting party’s satisfaction within the cure
time specified, the non-defaulting party, at its option and in addition to any other remedies available by law
or in equity, without further notice or demand of any kind to Contractor, may do the following:
i)
Terminate the Contract;
ii)
Pursue and/or reserve any and all rights for claims to damages for breach or default of the
Contract; and/or,
iii)
Recover any and all monies due from Contractor, including but not limited to, the detriment
proximately caused by Contractor’s failure to perform its obligations under the Contract, or which
in the ordinary course would likely result therefrom, including, any and all costs and expenses
incurred by the City in: (a) maintaining, repairing, altering and/or preserving the premises (if any)
of the project; (b) costs incurred in selecting and retaining a substitute Contractor for the purchase
of services, materials and/or work; and/or (c) attorneys’ fees and costs in pursuing any remedies
under the Contract and/or arising therefrom.
C.
The exercise of any one of the City’s remedies as set forth herein shall not preclude subsequent or
concurrent exercise of further or additional remedies. In addition, the City shall be entitled to terminate
this Contract at any time, in its discretion. The City may terminate this Contract for default, non-
performance, breach or convenience, or pursuant to A.R.S. § 38-511, or abandon any portion of the project
for which services have not been fully and/or properly performed by the Contractor.
D.
Termination shall be commenced by delivery of written notice to Contractor by the City personally or by
certified mail, return receipt requested. Upon notice of termination, Contractor shall immediately stop all
work, services and/or shipment of goods hereunder and cause its suppliers and/or subcontractors to cease
work pursuant to the Contract. Contractor shall not be paid for work or services performed or costs
incurred after receipt of notice of termination, nor for any costs incurred that Contractor could reasonably
have avoided.
E.
The City, in its sole discretion, may terminate or reduce the scope of this Contract if available funding is
reduced for any reason.
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F.
Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may
demand that Contractor give a written assurance of its intent and ability to perform. In the event that the
demand is made, and no written assurance is given within the time period required, the City may treat this
failure as an anticipatory repudiation of the Agreement.
18.
Force Majeure:
A.
Except for payment of sums due, neither party shall be liable to the other nor deemed in default under the
Contract only in the event that and to the extent that such party’s performance of the Contract is prevented
by reason of force majeure. Force majeure means an occurrence that is beyond the control of the party
affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes
acts of God, acts of the public enemy, war, riots, mobilization, labor disputes, civil disorders, fire, floods,
lockouts, injunctions, failures or refusal to act by government authority, and other similar occurrences
beyond the control of the party declaring force majeure which such party is unable to prevent by exercising
reasonable diligence.
B.
Force majeure shall not include the following occurrences:
i)
Late delivery of equipment or materials caused by congestion at a manufacturer’s plant or
elsewhere, an oversold condition of the market, inefficiencies, or similar occurrences.
ii)
Late performance by a subcontractor.
C.
If either party is delayed at any time in the progress of the work by force majeure, then the delayed party
shall notify the other party in writing of such delay within forty-eight (48) hours of the commencement thereof
and shall specify the causes of such delay in the notice. Such notice shall be hand delivered or sent via
certified mail and shall make a specific reference to this clause, thereby invoking its provisions. The delayed
party shall cause such delay to cease as soon as practicable and shall notify the other party in writing by
hand delivery or certified mail when it has done so. The time of completion shall be extended by Contract
modification for a period of time equal to the time that the results or effects of such delay prevent the delayed
party from performing in accordance with the Contract.
19.
Gratuities: The City may elect to terminate any resultant Contract, if it is found that gratuities in any form were
offered or given by the Contractor or agent thereof, to any employee of the City or member of a City evaluation
committee with a view toward securing an order, securing favorable treatment with respect to awarding, amending
or making of any determinations with respect to performing such order.
20.
Indemnification: To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless
the City, its agents, officer, officials, and employees from and against all claims, damages, losses and expenses
(including but not limited to attorney's fees, court costs, and the costs of appellate proceedings), arising out of, or
alleged to have resulted from the acts, errors, mistakes, omissions, work, services, or professional services of the
Contractor, its agents, employees, or any other person (not the City) for whose acts, errors, mistakes, omissions, work,
services, or professional services the Contractor may be legally liable in the performance of this Contract. Contractor’s
duty to hold harmless and indemnify the City, its agents, officers, officials and employees shall arise in connection with
any claim for damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to,
impairment, or destruction of any person or property, including loss of use resulting from, or caused by any acts, errors,
mistakes, omissions, work, services, or professional services in the performance of this Contract by Contractor or any
employee of the Contractor or any other person (not the City) for whose acts, errors, mistakes, omissions, work, or
services the Contractor may be legally liable. The amount and type of insurance coverage requirement set forth herein
will in no way be construed as limiting the scope of indemnity in this paragraph. This provision shall survive the term
of this Contract.
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21.
Key Personnel: Contractor shall provide adequate experienced personnel, capable of and devoted to the
successful accomplishment of work to be performed under this Contract during the Contract term and any renewal
periods. The Contractor must agree to assign specific individuals to the key positions.
A.
The Contractor agrees that, once assigned to work under this Contract, key personnel shall not be removed
or replaced without prior written notice to the City.
B.
If key personnel are not available for work under this Contract for a continuous period exceeding thirty (30)
calendar days or are expected to devote substantially less effort to the work than initially anticipated, the
Contractor shall immediately notify the City, and shall replace each person with personnel of substantially
equal ability and qualifications upon prior City approval.
22.
Licenses and Permits: Contractor shall maintain in current status and at its sole expense, all federal, state and
local licenses and permits required for the operation of the business conducted by the Contractor and the provision
of the services to be provided under the Contract.
23.
No Assignment: No right or interest in this Contract shall be assigned by Contractor and no delegation of any
duty of Contractor shall be made without prior written permission of the City, which consent may be granted or
withheld in City’s unfettered discretion.
24.
Non-exclusive Contract: Any Contract resulting from this Request for Proposal shall be awarded with the
understanding and agreement that it is non-exclusive and entered into for the sole convenience of the City. The
City reserves the right to obtain like goods or services from another source.
25.
Notices: All notices, requests, demands, consents, approvals, and other communications which may or are
required to be served or given hereunder (for the purposes of this provision collectively called "Notices"), shall be
in writing and shall be hand delivered or sent by registered or certified United States mail, return receipt requested,
postage prepaid, addressed to the party or parties to receive such notice as follows:
City of Tempe Procurement Office
Attn: Procurement Officer
PO Box 5002
Tempe, Arizona 85280
[Contractor’s Name]
[Attn of Offeror Named in Contract]
[Address]
Or to such other address as either party may from time to time furnish in writing to the other by notice hereunder.
26.
No Waiver: No breach of default hereunder shall be deemed to have been waived by the City, except by written
instrument to that effect signed by an authorized agent of the City. No waiver of any such breach or default shall
operate as a waiver of any other succeeding or preceding breach or default or as a waiver of that breach or default
after demand by the City for strict performance of this Contract. Acceptance of partial or delinquent payments or
performance shall not constitute the waiver of any right of the City. Acceptance by the City for any materials shall
not bind the City to accept remaining materials, future shipments or deprive the City of the right to return materials
already accepted. Acceptance by the City of delinquent or late delivery shall not constitute a waiver of a later claim
for damages and/or bind the City for future or subsequent deliveries.
27.
Ordering Process: Upon award of a Contract by the Procurement Office, the City may procure the specific material
and/or service awarded by the issuance of a purchase order to the appropriate Contractor. Each purchase order
must cite the correct Contract number. Such purchase order is required for the City to order and the Contractor to
deliver the material and/or service.
28.
Overcharges by Antitrust Violations: The City maintains that, in actual practice, overcharges resulting from
antitrust violations are borne by the City. Therefore, to the extent permitted by law, the Contractor hereby assigns
to the City any and all claims for such overcharges as to the goods and/or services used to fulfill the Contract.
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29.
Performance Standards: Equipment shall operate in accordance with the performance criteria specified in the
Request for Proposal, including the manufacturer's published specifications applicable to the equipment involved.
Equipment is expected to be available for productive use, as provided in the procurement documents.
Penalties and/or bonuses applicable to equipment and system performance, if any, shall be calculated as specified
in the Request for Proposal.
30.
Preparation of Specifications by Persons Other Than City Personnel: No person preparing specifications for
this Request for Proposal shall receive any direct or indirect benefit from the use of these specifications.
31.
Procurement of Recycled Materials: If the price of recycled material that conforms to specifications is within five
percent (5%) of the lower priced material that is not recycled and the recycled Offeror is otherwise the lowest
responsive and responsible Offeror, the proposal containing recycled material shall be considered more
advantageous; provided the item(s) to be obtained contains at least the minimum amount of recycled content
material as defined in the City’s solicitation and sufficient funds have been budgeted for the purchase.
32.
Provisions by Law: Each and every provision of law and any clause required by law to be in this Contract will be
read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not
inserted, or is not correctly inserted, then upon the application of either party the Contract will forthwith be physically
amended to make such insertion or correction.
33.
Public Record: After award of Contract, proposal responses shall be considered Public Record and open for public
inspection except to the extent the withholding of information is permitted or required by law. If an Offeror believes
a specific section of its proposal response is confidential, the Offeror shall mark the page(s) confidential and isolate
the pages marked confidential in a specific and clearly labeled section of its proposal response. The Offeror shall
include a written statement as to the basis for considering the marked pages confidential and the Procurement
Office will review the material and make a determination, pursuant to A.R.S. §§ 39-121, et seq., and 41-151, et seq.
A general statement of confidentiality (boiler plate statement) that is not appropriately referenced to a specific
section of the RFP will not be sufficient to warrant protection by the City. The confidential portion of the submission
must be clearly noted with accompanying justification for treating the section confidential. Failure of the vendor to
appropriately designate confidential information in this manner will relieve the City of any obligation to protect this
information as confidential.
34.
Records: Pursuant to provisions of Title 35, Chapter 1, Article 6 Arizona Revised Statutes §§ 35-214 and 36-215,
Contractor shall retain, and shall contractually require each subcontractor to retain, all books, accounts, reports,
files and other records relating to the acquisition and performance of the Contract for a period of five (5) years after
the completion of the Contract. All such documents shall be subject to inspection and audit at reasonable times.
Upon request, a legible copy of any or all such documents shall be produced at the offices of the City Attorney or
Procurement Office.
35.
Relationship of Parties: It is clearly understood that each party to this Contract will act in its individual capacity
and not as an agent, employee, partner, joint venture, or associate of the other party. The Contractor is an
independent Contractor and shall be solely responsible for any unemployment or disability insurance payments, or
any social security, income tax or other withholdings, deductions or payments that may be required by federal, state
or local law with respect to any compensation paid to the Offeror. An employee or agent of one party shall not be
an employee or agent of the other party for any purpose whatsoever.
36.
Rights and Remedies: No provisions of this Request for Proposal or in the proposal shall be construed, expressly
or by implication, as a waiver by the City of any existing or future right and/or remedy available by law in the event
of any claim of default or breach of Contract. The failure of the City to insist upon strict performance of any term or
condition of the Contract or to exercise or delay the exercise of any right or remedy provided in the Contract, or by
law, shall not release the Contractor from any responsibilities or obligations imposed by the Contract or by law, and
shall not be deemed a waiver of any right of the City to insist upon the strict performance of the Contract.
37.
Safety Standards: All items supplied on this Contract must comply with the current applicable Occupational Safety
and Health Standards of the State of Arizona Industrial Commission, the National Electric Code and the National
Fire Protection Association Standards.
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38.
Severability: The provisions of this Contract are severable to the extent that any provision or application held to
be invalid shall not affect any other provision or application of the Contract which may remain in effect without the
invalid provision or application.
39
Shipping Terms: Prices shall be F.O.B. Destination to the delivery location(s) designated herein. Contractor shall
retain title and control of all goods until they are delivered and the Contract of coverage has been completed. All
risk of transportation and all related charges shall be the responsibility of the Contractor. The City will notify the
Contractor promptly of any damaged materials and shall assist the Contractor in arranging for inspection.
Shipments under reservation are prohibited. No tender of a bill of lading shall operate as a tender of the materials.
40.
Specially Designated Nationals and Blocked Persons List: Contractor represents and warrants to the City that
neither Contractor nor any affiliate or representative of Contractor:
A.
Is listed on the Specially Designated Nationals and Blocked Persons List maintained by the Office of
Foreign Asset Control, Department of the Treasury (OFAC) pursuant to Executive Order no. 13224, 66 Fed.
Reg. 49079 (“Order”);
B.
Is listed on any other list of terrorists or terrorist organizations maintained pursuant to the Order, the rules
and regulations of OFAC or any other applicable requirements contained in any enabling legislation or other
related Order(s);
C.
Is engaged in activities prohibited in the Order; or,
C.
Has been convicted, pleaded nolo contendre, indicted, arraigned or custodially detained on charges
involving money laundering or predicate crimes to money laundering.
41.
Termination for Conflict of Interest: This Contract is subject to the cancellation provisions of A.R.S. § 38-511.
The City may cancel this Contract within three (3) years after its execution, without penalty or further obligation, if
any person significantly involved in initiating, securing, drafting, or creating the Contract for the City becomes an
employee or agent of the Contractor.
42.
Termination for Convenience: The City at its sole discretion may terminate this Contract for convenience with thirty
(30) days advance notice to Contractor. Contractor shall be reimbursed for all appropriate costs as provided for within
the Contract up to the termination date specified.
43.
Time of the Essence: Time is and shall be of the essence in this Contract. If the delivery date(s) specified herein
cannot be met, Contractor shall notify the City using an acknowledgment of receipt of order and intent to perform
without delay, for instruction. The City reserves the right to terminate this Contract and to hold Contractor liable for
any cost of cover, excess cost(s) or damage(s) incurred as a result of delay.
44.
Unauthorized Firearms & Explosives: No person conducting business on City property is to carry a firearm or
explosive of any type. All Offerors, Contractors and subcontractors shall honor this requirement at all times and
failure to honor this requirement shall result in Contract termination and additional penalties. This requirement also
applies to any and all persons, including those who maintain a concealed weapons permit. In addition to Contract
termination, anyone carrying a firearm or explosive device will be subject to further legal action.
45.
Warranties: Contractor expressly warrants that all materials and/or goods delivered under the Contract shall
conform to the specifications of this Contract and be merchantable and free from defects in material and
workmanship, and of the quality, size and dimensions specified herein. This express warranty shall not be waived
by way of acceptance or payment by the City, or otherwise. Contractor expressly warrants the following:
A.
All workmanship shall be finest and first-class;
B.
All materials and goods utilized shall be new and of the highest suitable grade for its purpose; and
C.
All services will be performed in a good and workmanlike manner. Contractor’s warranties shall survive
inspection, acceptance and/or payment by the City, and shall apply to the City, its successors, agents and
assigns.
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The Contractor agrees to make good by replacement and/or repair, at its sole expense and at no cost to the City,
any defects in materials or workmanship which may appear during the period ending on a date twelve (12) months
after acceptance by the City, unless otherwise specified herein. Should Contractor fail to perform said replacement
and/or repair to City’s satisfaction within a reasonable period of time, City may correct or replace said defective or
nonconforming materials and recover the costs thereof from Contractor. This warranty shall not operate to reduce
the statute of limitations period for breach of contract actions or otherwise or reduce or eliminate any legal or
equitable remedies.
46.
Work for Hire and Ownership of Deliverables: The Contractor hereby agrees and covenants that all the results
and proceeds of the Contractor’s work and/or services for the Project specified herein, for the Contractor and all of
its agents, employees, officers and subcontractors, shall be owned by the City, including the copyright thereto, as
work for hire. In the event, for any reason such results and proceeds are not deemed work for hire, the Contractor
agrees and covenants that it shall be deemed to have assigned to the City all of its right, title and interests in such
results, proceeds and content to the City, without limitation. Contractor agrees to indemnify and hold the City
harmless from and against all claims, liability, losses, damages and expenses, including without limitation, legal
fees and costs, arising from or due to any actual or claimed trademark, patent or copyright infringement and any
litigation based thereon, with respect to any work, services and/or materials contemplated in this Contract.
Contractor agrees to pay to defend any and all such actions brought against the City. Contractor’s obligations
hereunder shall survive acceptance by the City of all covenants herein as well as the term of the Contract itself.
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Special Terms & Conditions
Proposals taking exception to Special Terms & Conditions and Instructions stated within this Request for Proposal may
cause the Proposal to be considered nonresponsive and rejected.
1.
City Procurement Document: This Request for Proposal is issued by the City. No alteration of any portion of this
Request for Proposal by an Offeror is permitted and any attempt to do so shall result in vendor’s proposal Offer
being considered nonresponsive and rejected. No alteration of any portion of a resultant Contract is permitted
without the written approval of the Procurement Office and any attempt to do so shall be considered a breach of the
Contract. Any such action is subject to the legal and contractual remedies available to the City inclusive of, but not
limited to, Contract termination and/or suspension of the Contractor.
2.
Offer Acceptance Period: To allow for an adequate evaluation, the City requires the vendor’s proposal Offer in
response to this Request for Proposal to be valid and irrevocable for 90 days after the proposal due time and date.
3.
Contract Type: Term with justifiable price adjustments allowed, indefinite quantity.
4.
Term of Contract: The term of the Contract shall commence on the date of award and shall continue for a period
of one (1) year thereafter, unless terminated, canceled or extended as otherwise provided herein.
5.
Contract Renewal: The City reserves the right to unilaterally extend the period of any resultant Contract for ninety
(90) days beyond the stated term. In addition, the City at its option may renew for supplemental terms of up to a
maximum of four (4) additional years. The period for any single renewal increment shall be determined by the
Procurement Office. Such increment shall not be for more than a period of one(1) year each, unless the City is
eligible to obtain a cost and/or supply advantage by a longer Contract renewal period.
6.
Discount from Published List:
A.
Proposals shall be submitted on the basis of a discount from the manufacturer's suggested list price,
obtained from a manufacturer's published price list(s). Such published price list(s) must be common to and
accepted by the industry in general. The catalog/price lists must be printed or available in electronic format
and be properly identified and dated as to issuance and effectiveness.
B.
Offerors must provide a statement of applicable discount(s) from price catalog(s). Discounts offered must
be clearly expressed as how they would apply to the item(s) bid and be specific as to the percent discounted
for each item or group of items. Offers containing chain or multiple discounts for any one item or group of
items may be considered nonresponsive. A copy of all referenced price catalogs must be included within
the bid or provide a web site address where the lists can be viewed by the City. In addition to specified
items, only those products and services listed in the Contractor’s price catalog(s) and updates thereto, as
approved by the Procurement Office, will be eligible for purchase under resulting Contract.
C.
Revised published price lists may be used as a means of price adjustment. However, all bids are to be firm
for a period of calendar days after the bid opening date and revised price lists that reflect price increases
will not be accepted by the City until after that date and will be considered only in the event of an industry-
wide price change, as evidenced by the issuance of revised price lists, by the manufacturer. Price
decreases which benefit the City shall be offered throughout the Contract term.
D.
Revised pricing(s) will not become effective until revised list(s) are submitted under Contractor’s cover letter
identifying the applicable Request for Proposal and Contract agreement number. Contractor’s cover letter
and pricing list(s) must be dated, signed and submitted to:
Procurement Office
City of Tempe
P.O. Box 5002
20 E. 6th Street (Second Floor)
Tempe, AZ 85280
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7.
Price Adjustment:
A.
The Procurement Office will review fully documented requests for price increases after the Contract has
been in effect for 12 months. The requested price increase must be based upon a cost increase that was
clearly unpredictable at the time of the Proposal and can be shown to directly affect the price of the item
concerned. The Procurement Office will determine whether the requested price increase, or an alternative
option, is in the best interest of the City. Advanced thirty (30) day written notification by Contractor is
required for any price changes. All price adjustments will be effective on the first day of the month following
approval or acceptance by the Procurement Office. After the City approves a price increase the Contractor
shall not be eligible to receive an additional increase until 12 months from the date of the last approved
price increase.
B.
Price increase requests must be acknowledged in writing by the Procurement Office before becoming
effective. If not acknowledged within thirty (30) days, Contractor shall contact the Procurement Office to
ensure the price increase request was received.
C.
The Contractor shall offer any published price reduction or if applicable to the Contract, profit sharing price
advantage to the City concurrent with its announcement to other customers. A price reduction or profit-
sharing price advantage may be offered at any time during the term of an awarded Contract and shall
become effective upon notice and acceptance. The City shall likewise be given any special sales discounts
offered to the general public, which exceed contracted price discounts extended to the City by the
Contractor.
8.
Multiple Awards: The City has a large number and variety of potential customer departments. In order to ensure
at any ensuing Contracts will allow the City to fulfill current and future requirements, the City reserves the right to
award Contracts to multiple companies. The actual utilization of any Contract will be at the sole discretion of the
City. The fact that the City may make multiple awards should be taken into consideration by each Offeror.
9.
Change Order: The Procurement Office reserves the right to execute change orders reflecting a quantity increase
within ninety (90) days from Contractor's initial delivery date. No change order will be executed outside of the scope
of the City's Request for Proposal and the Contractor’s proposal and price response.
10.
Turnaround Time: Offeror must be capable of providing a work completion turnaround time for requested delivery
of materials and/or services within the time stated in this Request for Proposal. Turnaround time is defined as the
time frame beginning with the Contractor being notified of a need by the City and ending with the delivery of the
work in completed form back to the City within the specified time. Proposal shall provide any required pick-up and
delivery as part of the proposed price response to the City.
11.
Brand Name or Equal Specifications: When the specification calls for “Brand Name or Equal,” the brand name
product is acceptable. The use of a brand name is for the purposes of describing the standard of quality,
performance, and characteristics desired and is not intended to limit or restrict competition. If an Offeror wishes to
provide a material or service that is not the brand name, the equivalent material or service must meet the standard
of quality of the brand name product., which is determined at the City’s sole discretion. Equivalent products will be
considered upon showing the other product meets stated specifications and is equivalent to the brand name product
in terms of quality, performance and desired characteristics. Products that are substantially equivalent to those
brands designated will quality for consideration. Burden of proof that the product meets the minimum standards or
is equal to the brand name product is on the Offeror. The City reserves the right to reject Responses that the City
deems unacceptable for any reason.
12.
Warranty: Each proposal must include a complete and exclusive statement of the product warranty. Warranty
offers will be relatively considered as appropriate to life cycle costing.
13.
Descriptive Literature: Offeror shall provide the City with complete manufacturers' descriptive literature regarding
the materials, equipment, or products proposed to be furnished under the Contract. Literature shall be provided in
sufficient detail so as to provide the City with full and fair evaluation of the proposal. Failure to include required
information or insufficient information may result in the Offer being rejected.
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14.
Current Products: All Offers made in response to this Request for Proposal shall be in current and ongoing
production shall have been formally announced for general marketing purposes shall be a model or type currently
functioning in user environments and shall meet or exceed all specifications and requirements set forth in this
solicitation. Enhancements to established products need not necessarily comply with this clause and will be
reviewed on individual merits.
15.
Product Discontinuance: The City may award Contracts for particular products and/or models of equipment as a
result of this solicitation. In the event that a product or model is discontinued by the manufacturer, the City at its
sole discretion may allow the Contractor to provide a substitute for the discontinued item. The Contractor shall
request permission by the City to substitute a new product or model and provide all of the following:
G.
A formal announcement from the manufacturer that the product or model has been discontinued;
H.
Documentation from the manufacturer that names the replacement product or model;
C.
Documentation that provides clear and convincing evidence that the replacement meets or exceeds all
specifications required by the original solicitation;
D.
Documentation that provides clear and convincing evidence that the replacement will be compatible with
all the functions or uses of the discontinued product or model; and
E.
Documentation confirming that the price for the replacement is the same as or less than the discontinued
product or model.
16.
Local Inventory Stocking: In order to provide the necessary delivery support required for the items specified,
Offeror must have a local inventory warehouse facility. Each warehouse facility must be staffed by trained personnel
and have sufficient inventory in order to provide quality service on a timely basis. The Procurement Office may
inspect the warehouse facility to determine adequacy.
17.
Local Maintenance: In order to ensure that the highest up-time for the purchased equipment is maintained, ,
Offeror must have local maintenance facilities and/or have specific agreements in force with a third party to provide
local maintenance. Each maintenance facility must be staffed by trained technicians and have a sufficient parts
inventory to provide quality service on the equipment. The Procurement Office may inspect the maintenance
facilities to determine adequacy of the inventory.
18.
Maintenance Service: Contractor covenants and agrees to maintain the equipment set forth in the Request for
Proposal, or alternatively, warrants that the equipment manufacturer will maintain the equipment acquired under
the Contract in good working order and in accordance with the manufacturer's official published specifications and
any other specifications set forth herein. Additional terms and conditions applicable to maintenance of the
equipment may be specified in a separate maintenance agreement between the City and the Contractor or
equipment manufacturer. In no event shall the provisions of such separate agreement supersede the provisions of
the Contract.
19.
Installation and Training: The Contractor shall install the equipment and provide training to City personnel to
ensure proper operation and utilization. Necessary manuals shall be furnished to the City for each piece of
equipment at no cost to the City.
20.
Installation and Acceptance:
A.
Installation Date: The Contractor shall install equipment ready for use on or before the installation date
specified in the applicable schedule.
B.
Site Preparation: The City shall have the site available and prepared in a timely manner in accordance with
Contractor published specifications. The Contractor shall be given access to the site for installation and
testing purposes.
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C.
Site Inspection: Prior to the installation date, Contractor shall inspect the site and shall report to the City,
in writing, the dates of such inspections, any rejections and the reasons therefore, and the final acceptance
thereof. Such final site acceptance shall include a written representation to the City by the Contractor that
the site meets the Contractor’s and/or equipment manufacturer's site specifications for the efficient and safe
operation of the equipment.
D.
Acceptance Testing: When Contractor has completed installation and is satisfied that the equipment is
operating successfully and meets minimum design capabilities, the City shall be so notified. The City may
accept or reject any portion or all of the equipment.
E.
Acceptance: At the conclusion of the acceptance testing period, the City's acceptance may be conclusively
presumed if a written rejection specifying the reasons therefore is not delivered to Contractor within ten (10)
business days following the end of the acceptance testing period.
21.
Contractor’s Risk: Contractor agrees to bear all risk of loss, injury, or destruction of materials (equipment/products)
ordered as a result of this Contract which occurs prior to delivery to the City; and such loss, injury, or destruction shall
not release Contractor from any obligation hereunder.
22.
Insurance:
A.
Insurance Required: Prior to commencing services under this Contract, Contractor shall procure and
maintain for the duration of the Contract insurance against claims for injuries (including death) to persons
and damages to property, which may arise from or in connection with the performance of the work
hereunder by the Contractor, its agents, representatives, employees, subcontractors, or sub-
subcontractors. For Offerors with self-insurance, proof of self-insurance with minimum limits expressed
below must be submitted on proper forms for evaluation prior to award of Contract.
A Contract Award Notice or Purchase Order will not be issued to the Contractor until receipt of all required
insurance documents by the Procurement Office with such documents meeting all requirements herein. In
addition, before any Contract renewal, all required insurance must be on file with the Procurement Office.
Contractor must submit required insurance within ten (10) calendar days after request by the Procurement
Office or the award may be rescinded and another Offeror selected for award.
B.
Minimum Limits of Coverage: Without limiting any obligations or liabilities, the Contractor, at its sole
expense, shall purchase and maintain the minimum insurance specified below with companies duly
licensed or otherwise approved by the State of Arizona, Department of Insurance and with forms
satisfactory to the City. Each insurer shall have a current A.M. Best Company, Inc., rating of not less than
A-VII. Use of alternative insurers requires prior approval from the City.
i.
Minimum Limits of Insurance. Contractor shall maintain the following minimum limits:
a.
Commercial General Liability
Commercial general liability insurance limit of not less than $1,000,000 for each occurrence, with
a $2,000,000 general aggregate limit. The general aggregate limit shall apply separately to the
services under this Contract or the general aggregate shall be twice the required per occurrence
limit. The policy shall be primary and include coverage for bodily injury, property damage, personal
injury, products, completed operations, and blanket contractual coverage, including but not limited
to the liability assumed under the indemnification provisions of this Contract which coverage will be
at least as broad as Insurance Service Office policy form CG0001 or its equivalent.
In the event the general liability policy is written on a "claims made" basis, coverage shall extend
for two (2) years past completion and acceptance of the services as evidenced by annual
certificates of insurance. In addition, the retro date shall be no later than the start date of the
contract. The retro date shall be disclosed on the certificate of insurance.
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Such policy shall contain a "severability of interests" provision.
b.
Worker’s Compensation
The Contractor shall carry worker’s compensation insurance to cover obligations imposed by
federal and state statutes having jurisdiction of Contractor employees engaged in the performance
of services; and employer’s liability insurance of not less than $100,000 for each accident, $100,000
disease for each employee and $500,000 disease policy limit.
In cases when services are subcontracted, the Contractor will require the subcontractor to provide
worker’s compensation and employer’s liability to at least the same extent as provided by
Contractor.
c.
Automobile Liability
Commercial business automobile liability insurance with a combined single life or bodily injury and
property damages of not less than $1,000,000 per accident regarding any owned, hired, and non-
owned vehicles assigned to or used in performance of the Contractor services. Coverage will be
at least as broad as coverage Code 1 "any auto". Insurance Service Office policy form CA0001
Y87 or any replacements thereof. Such coverage shall include coverage for loading and unloading
hazards.
C.
Additional Insured: The insurance coverage, except for workers compensation and professional liability
coverage, required by this Contract, shall name the City, its agents, representatives, directors, officials,
employees, and officers, as additional insureds, and shall specify that insurance afforded the Contractor
shall be primary insurance. The additional insured wording on the commercial general liability policy will
be at least as broad as Insurance Services Office policy forms CG2010 04/13 edition and CG2037 04/13
edition or their equivalent. The additional insured wording on the automobile liability policy will be at least
as broad as Insurance Services Office policy form CA 20 48 or its equivalent. This provision and the naming
of the city as an additional insured shall in no way be construed as giving rise to responsibility or liability of
the City for applicable deductible amounts under such policy(s).
D.
Coverage Term: All insurance required herein shall be maintained in full force and effect until all work or
service required to be performed under the terms of the Contract is satisfactorily completed and formally
accepted by the City. Failure to do so shall constitute a material breach of this Contract.
E.
Primary Coverage: Contractor’s insurance shall be primary insurance to the City, and any insurance or
self-insurance maintained by the City shall not contribute to it.
F.
Claim Reporting: Any failure to comply with the claim reporting provisions of the policies or any breach of
a policy warranty shall not affect coverage afforded under the policy to protect the City.
G.
Waiver: The policies, including workers’ compensation, shall contain a waiver of transfer rights of recovery
(subrogation) against the City, its agents, representatives, directors, officers, and employees for any claims
arising out of the work or services of the Contractor.
H.
Deductible/Retention: The policies may provide coverage which contain deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall be disclosed by the contractor and shall
not be applicable with respect to the coverage provided to the City under such policies. Contractor shall
be solely responsible for deductible and/or self-insurance retention and the City, at its option, may require
Contractor to secure the payment of such deductible or self-insured retentions by a surety bond or an
irrevocable and unconditional letter of credit.
I.
Certificates of Insurance: Prior to commencing work or services under this Contract, Contractor shall
furnish the City with certificates of insurance, or formal endorsements as required by the Contract, issued
by the Contractor’s insurer(s), as evidence that policies providing the required coverages, conditions, and
limits required by this Contract are in full force and effect. Such certificates shall identify this Contract
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number or name and shall provide for not less than thirty (30) days advance notice of cancellation,
termination, or material alteration. Such certificates shall be sent directly to: Contract Administrator, City of
Tempe, P. O. Box 5002, Tempe, AZ 85280.
J.
Copies of Policies: The City reserves the right to request and to receive, within ten (10) working days,
certified copies of any or all of the above policies and/or endorsements. The City shall not be obligated,
however, to review same or to advise Contractor of any deficiencies in such policies and endorsements,
and such receipt shall not relieve Contractor from, or be deemed a waiver of, the City’s right to insist on
strict fulfillment of Contractor’s obligations under this Contract.
23.
Job Site Requirements and Clean-Up: Contractor agrees and covenants to adequately protect the work site,
adjacent property and the public in all phases of the work and/or services provided herein. Contractor shall be
solely responsible for all damages or injuries due to action or neglect pursuant to this section. Contractor shall
maintain access to all phases of the Project pending inspection by the City or its agent. Contractor hereby agrees
to the following as to the job site:
A.
Continually keep the job site free from debris, waste and accumulation of materials;
B.
Immediately clean up any oil, fuel or chemical spills and take any and all remediation necessary;
C.
Keep machinery clean and free of weeds and debris;
D.
Remove all construction stains, smears and debris from finished surfaces;
E.
Perform site preparation to limit the spread of weeds, debris and other nuisances prior to submission of
final invoice to the City; and,
F.
Remove all equipment, materials, tools and Contractor’s personal property prior to submission of final
invoice to the City.
24.
Conduct and Dress Code: The Contractor's employees shall maintain proper conduct at all times while on City
property. Employees shall maintain a professional demeanor and show respect to other personnel at the work site.
Employees will be dressed appropriately for the work with badges or uniforms that identify them as employees of the
Contractor.
25.
Safety, Health and Sanitation: The Contractor shall provide and maintain in a neat, sanitary condition such facility
accommodations for the use by their employees as may be necessary to comply with the requirements and regulations
of the Arizona State Department of Health or as specified by the Maricopa County Health Department, Sanitary Code.
The Contractor shall be fully responsible for the safety of their employees, the public and property in connection with
the performance of the work covered by this Contract. The Contractor shall provide all safeguards, safety devices
and protective equipment and be responsible for taking any needed actions to protect the life and health of their
employees and the public during work activity. The Contractor shall also take any necessary actions as directed by
the City Project Manager to reasonably protect the life and health of employees on this job and others coming into
contact with the job site. Precaution shall be exercised by the Contractor at all times for the protection of persons
(including employees) and property. The Contractor shall comply with the provisions of all applicable laws, pertaining
to such protection including all Federal and State Occupational Safety and Health Acts, and Standards and
Regulations promulgated there under.
26.
Protection and Restoration of Property and Landscape: The Contractor shall be responsible for all damage or
injury to public or private property of any character, during the prosecution of the work resulting from any act, omission,
neglect, or misconduct in its manner or method of executing the work or at any time due to defective work or materials.
The Contractor’s responsibility will not be released until the project has been completed and accepted.
If damage is caused by the Contractor, the Contractor shall restore at no cost to the City, such property to a condition
similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise
restoring as may be directed, or they shall make good such damage or injury in an acceptable manner. Further
payments will be withheld until the City has inspected the corrected damage or injury and has signed-off the
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completion and acceptance. Contractor shall not dump spoils or waste material on private or public property without
first obtaining from the owner written permission for such dumping.
27.
Responsibility for Work: The Contractor shall properly guard, protect, and take every reasonable precaution
necessary against damage or injury to all finished or partially finished work due to weathering action by the elements
or from any other cause, until the entire portion of their respective Contract obligation is completed and accepted by
the City. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work
before final acceptance at no cost to the City. Partial payment for any completed portion of work shall not release the
Contractor from such responsibility.
28.
Employees of the Contractor: No one except authorized employees of the Contractor is allowed on the premises
of the City. Contractor employees are NOT to be accompanied in their work area by acquaintances, family members,
assistants, or any other person unless said person is an authorized employee of the Contractor. Failure of Contractor
to meet this requirement will result in permanent removal of employee performing work at the City sites.
29.
Sub-Contractor(s): The City reserves the right to approve all sub-contractors. Contractor is responsible for all
actions of sub-contractors. Contractor shall name sub-contractors as additionally insured, in addition to the City on all
required insurance documents.
30.
Safety Apparel Used by Contractor Employees/Staff: Contractor’s employees/staff shall be required to wear
safety apparel (i.e., eye, ear, face, protection, etc.) and appropriate clothing like long pants, long sleeve shirts, when
using landscape equipment such as, but not limited to lawnmowers, blowers, weed whackers, etc. Monitoring of safe
work performance will be performed by City staff.
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Scope of Work
1.
Introduction
1.1. The City of Tempe (City) is issuing this Request for Proposal (RFP) to establish a one (1) year contract to provide
inspections, repairs and testing of pool/aquatics equipment and the purchase of equipment and parts on an as needed
basis for the City. The Community Services Department is expected to be the main user of the contract. Resulting
contract(s) may also be available for use by other cities per the Special Terms and Conditions of this RFP.
1.2. The City estimates that the spend under this contract could range from $100,000 to $200,000 annually.
1.3. Any resultant contract shall be subject to renewal for subsequent periods as provided for within the Special Terms
and Conditions of this RFP.
1.4. City of Tempe facilities that may be serviced under resulting contract:
• McClintock Pool
• Kiwanis Recreation Center Wave Pool
• Escalante Multigenerational Center Pool
• Esquer Splash Pad
• Jaycee Splash Pad
• Parque de Soza Splash Pad
• Kiwanis Park Splash Playground
• Mayor’s Fountain
• 6th Street Fountain
• Tempe Center for the Arts Fountain
• Garden Angel Fountain
• Clark Pool
• Additional facilities may be added
2.
Anticipated Awards
2.1. The City intends to award multiple qualified vendors to provide these services.
2.2. Resulting contract(s) are critical to its potential impact upon the City of Tempe and only those companies with a
proven history of success in performing the required work will be considered. Experience/Technical capability and
capacity is mandatory.
2.3. Resulting contract shall be monitored under the supervision of the Community Services Department and the City’s
Procurement Office.
3.
RFP Communications/Inquiries
3.1. Upon release of this RFP, all communications shall be directed in writing, via Email, to the Procurement Officer listed
below. No other agency official or employee is empowered to speak for the City or Agencies with respect to this
procurement. Unauthorized contact with any employee of any department within the City of Tempe or other Agency
may result in disqualification from the RFP process. Any oral communication will be considered unofficial and non-
binding on the City or other Agencies.
3.2. The RFP number assigned to this Request MUST be contained in the subject line of all correspondence.
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3.3. Contact the following individual for clarification of this RFP:
Michael Greene
Procurement Officer
Tempe Procurement Office
Michael_Greene@tempe.gov
4.
Contractor Minimum Qualifications
4.1. Mandatory Minimum Qualifications
4.1.1.
Contractor must have all appropriate and current Arizona Contractor’s Licenses.
4.1.2.
Contractor shall have a minimum of five (5) years of commercial pool equipment maintenance and repair
service experience.
4.1.3.
Contractor’s employees (and subcontractors) shall have a minimum of three (3) years of pool mechanical
maintenance and pool repair work with pumps, filters, sanitizing systems, chemical controllers, heaters, and
related equipment in the water industry.
4.1.4.
All employees assigned to resulting contract, and driving on behalf of the Contractor, must have a valid State
of Arizona driver's license.
4.1.5.
Contractor must have valid and current AROC general contractor license, commercial pool repair license, or
commercial builders/remodeling license for work to be performed under resulting contract.
4.1.6.
It is preferred that Contractor have a Confined Space training program in place but not mandatory in order to
participate in this procurement.
4.1.7.
When working in a confined space, all Contractor’s employees must have completed Confined Space training.
4.1.8.
Contractor must be well-staffed with trained technicians and based in the Phoenix Metropolitan area.
4.2. Desired Minimum Qualifications
4.2.1.
Able to repair and maintain chemical feeders, mixers and controllers.
4.2.2.
Able to maintain and calibrate accurate test instruments.
4.2.3.
Able to troubleshoot and repair equipment controlled by PLC’s.
4.2.4.
Able to demonstrate continuous effort to improve operations, decrease turnaround times, streamline work
processes, and work cooperatively and jointly to provide quality seamless customer service.
4.2.5.
Have prior experience repairing industrial equipment and must have an adequate number of tools and
equipment to complete the field repairs in accordance with the manufacturer's maintenance manuals.
5.
Sample of Work to be performed by Contractors
5.1. Maintain and repair aquatic facility and fountain pumps and chemical feeder systems; valves, pumps, motors,
impellers, controllers, disinfectant systems such as UV systems, replace plumbing in conjunction with other repairs
and air lines; install bearings in shafts and motors.
5.2. Maintain wave machines; maintain and repair pumps; replace bearings, valves, seals and sleeves, and repack pumps.
5.3. Perform regularly scheduled preventive maintenance work on aquatic facilities and fountain equipment; maintain
comprehensive logs of all maintenance work done on equipment.
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5.4. Design and/or modify existing equipment and systems as needed; prepare reports and sketches of installations or
changes.
5.5. Maintain air compressors for wave machine.
5.6. Weld, cut, fabricate, braze and repair on all aquatic facilities that have metal structures and parts.
5.7. May operate equipment such as forklifts, trenchers, bucket-lifts, small vac-equipment, and dump trucks.
6.
Contractor Responsibilities
6.1. Contractor or subcontractor shall provide all necessary equipment, transportation, tools, replacement parts and
personnel with technical expertise necessary to provide routine and preventative maintenance and repair services.
Repeated and documented instances of using substandard materials, supplies, and/or personnel, or failure to provide
services in a timely manner, shall constitute grounds for termination of contract.
6.2. The Contractor(s) shall take every reasonable precaution necessary to properly guard and protect all finished or
partially finished work against damage or injury from the elements or any other cause, until the entire portion of their
respective contract obligation is completed and accepted by the City of Tempe. The Contractor(s) shall rebuild, repair,
restore, and make good all injuries or damages to any portion of the work before final acceptance at no cost to the
City of Tempe. Partial payment for any completed portion of work shall not release the Contractor(s) from such
responsibility.
6.3. Contractor shall remove all waste from the City’s facility and dispose of it in the proper manner.
6.4. Contractors’ employees must be able to work with minimal supervision and/or work alongside City employee.
6.5. Must be able to perform related duties as assigned.
6.6. Contractor Accessibility and Work Schedule
6.6.1.
The Contractor shall respond to all phone calls, text, or emails within 1 hour or less.
6.6.2.
When repairs issues occur during operational hours and impact the use of a pool or attraction, the Contractor
should be able to be on site for repairs within two (2) hours or less.
6.6.3.
When repair issues do not impact the use of a pool or attraction, the Contractor should be able to be on site
for repairs within twenty-four (24) hours or less.
6.6.4.
Materials and/or equipment, furnished by the City will be delivered or made available to the Contractor when
appropriate. The Contractor will be held responsible for all materials and/or equipment accepted by them and
will make good any shortages, deficiencies or damages that may occur after such acceptance.
6.6.5.
Only some trade services, such as plumbing, electrical, and heating/cooling may be subcontracted. All
subcontractors performing under this contract must be approved in writing by the City’s Procurement Office
prior to being utilized. Requests to add new subcontractors must be submitted in writing outlining the need(s)
for a subcontractor, what company will be used, and the employees’ qualifications.
6.7. Performance by the Contractor
The Contractor shall perform the repairs in a timely manner and to the satisfaction of the Community Services
Department or designated City representative. Because of the need to keep the equipment operating with as few
disruptions as possible and because payment for the services is on an hourly basis, failure to perform the repairs
on a timely basis to the satisfaction of the City shall be cause for immediate termination of the contract. Timely
and/or satisfactory repairs shall be determined by the City, whose decision shall be final.
RFP# 24-088 Pool Equipment and Repair Services
27 | Page
In the case of any dispute arising between the City and the Contractor as to the manner of performing work, the
City shall have the authority to suspend work until the question and issue can be resolved.
6.8. Inspection of Work
All work performed by the Contractor will be subject to inspection by the Community Services Aquatics Maintenance
Coordinator or the designated City representative. The Community Services Aquatics Maintenance Coordinator or
the designated City representative will be given access to all work in progress at any time. It will not be required that
the Contractor be notified in advance of any inspection action. No payment will be made if any inspection request is
denied. The Contractor shall provide any data requested and provide good lighting of all areas to enhance any
inspection action. The Community Services Aquatics Maintenance Coordinator will schedule an inspection of any job
in such a way that there will be no delay to the Contractor. If discrepancies are revealed through the inspection
process, the Contractor shall correct these at their cost.
6.9. Delay of Work
If any work being performed by the Contractor is unnecessarily or unreasonably delayed, the City Community Services
Aquatics Maintenance Coordinator or the designated City representative has the option to employ persons, machinery
and materials in addition to those being used by the Contractor to complete the work required. The expenses of such
actions shall be charged to the Contractor.
6.10. Safety
The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all
persons (including employees and subcontractors) and property during performance of the work. This requirement
shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to all
applicable federal (including OSHA), state, county, and local laws, ordinances, codes, and regulations. Where
any of these are in conflict, the more stringent requirement shall be followed. The Contractor's failure to thoroughly
familiarize themselves with the safety provisions shall not relieve them from compliance with the obligations set forth
therein.
Failure to perform work in a safe manner or in compliance with applicable safety laws and regulations shall be cause
for immediate termination of the contract.
Prior to the start of work, Contractor and the City will perform a pre-job briefing to discuss and plan for dealing with
relevant safety issues such as lockout/ tag-out and confined space exposures.
6.10.1. Safety Apparel Used by Contractor Employees/Staff: Contractor’s employees and subcontractors shall be
required to wear appropriate Personal Protective Equipment (PPE).
6.10.2. Confined Space Work: The contractor shall comply with all applicable federal, state, local health and safety
regulations, ordinances, and requirements. In addition, the following requirements are applicable for City
construction projects. The contractor shall implement a permit-required confined space program as specified
under 29 CFR 1910.146 for all work that encompasses a space that 1) is large enough and so configured that
an employee can bodily enter and perform assigned work; 2) has limited or restricted means for entry or exit
(for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited
means of entry); and 3) is not designed for continuous employee occupancy.
6.10.3. Safety Data Sheets: Contractor must agree to provide Safety Data Sheets (SDS) for all substances that are
delivered to the City of Tempe, that come under the Federal requirements of 29CFR 1910 Subpart Z-Toxic
and Hazardous Substances, which includes 29CFR 1910.1200- Hazard Communication
Contractor shall only use chemicals approved by the City. The Contractor shall transport and apply
chemicals in the safest manner possible.
RFP# 24-088 Pool Equipment and Repair Services
28 | Page
Contractor shall make every attempt to apply approved chemicals with highly volatile organic compounds,
outside of working hours. Adequate ventilation shall be used at all times during the application of these
approved chemicals.
In conjunction with the Occupational Safety and Health Standards, Subpart-Z Toxic and Hazardous
Substances, and Section 1910.1200 Hazard Communication, Contractor are hereby informed of the
presence of (or possible presence) of chemicals in the area where the work requested will be performed.
It is the responsibility of all selected Contractors to contact the City for specific information relative to the
type of chemicals present and location of appropriate SDS.
6.10.4. Electrical Work: The Contractor shall comply with all applicable federal, state, and local safety and health
regulations, ordinances, and requirements. The Contractor shall comply with Occupational Safety and Health
Administration regulations specified in 29 CFR 1926 Subpart K - Electrical, 29 CFR 1910 Subpart S -
Electrical, and 29 CFR 1910.147 The Control of Hazardous Energy (Lockout/Tagout). In addition, the
Contractor shall follow industry electrical safety requirements detailed in NFPA 70E, Standard for Electrical
Safety in the Workplace.
The Contractor shall provide, upon request, a copy of its energy control procedures, energized electrical work
permits, written safety and health program, or any required employee training records or certifications.
7.
City of Tempe Responsibilities
7.1. Access to City facilities.
7.2. Maintain preventive maintenance files.
7.3. Provide Operation and Maintenance (O&M) Manuals as needed.
8.
Warranty and Quality of Workmanship
8.1. Contractor will provide a warranty of workmanship for a minimum period of one year from date of acceptance.
8.2. Warranties will not commence until the work/equipment is accepted by the City and placed into service. The
Contractor will be responsible for the warranty of all parts and labor, regardless of whether the parts and/or labor were
provided by the Contractor or their subcontractors. The Contractor must provide copies of standard warranties
that will be used in the regular course of business for service repairs and parts. The Contractor must furnish a
warranty for the items and services provided under this Contract in accordance with the standard warranty regularly
supplied. In the event that any such repair fails to endure this minimum period, the City may elect to repair the unit
in-house on an “emergency basis”, and/or the Contractor will replace the subject part(s) and/or furnish the necessary
labor to make good the subject repair at no additional cost to the City. Also, in the event that the repair(s) fail to
endure this minimum period, the Contractor will incur all costs in transporting the unit back to Contractor’s shop (if
transportation is needed).
8.3. Exceptions to this warranty will be damage or loss due to theft, vandalism, or accidental occurrences outside the
Contractor’s control. A copy of manufacturer/product warranty detailing coverage shall be submitted along with the
invoices. Awarded bidder(s) shall be responsible for all warranty claims.
8.4. The Contractor will not be responsible to provide manufactures’ warranty for equipment purchased by the City.
9.
Pricing and Payment Terms
9.1. Pricing
9.1.1.
Proposer shall complete the RFP price sheet and submit with RFP Response. Proposals shall be submitted
on the forms provided. Should proposer need to provide additional information, they may do so by attaching
additional sheet(s) to the proposal form.
RFP# 24-088 Pool Equipment and Repair Services
29 | Page
9.1.2.
Proposers may not change the price sheet in any way.
9.1.3.
Hourly charges by the Contractor shall include all necessary labor, tools, equipment, appurtenances and
all other actual and implied expenses connected thereto to perform the requirements of the contract and
shall include all applicable taxes. Equipment and Repair parts shall not be included in the hourly charges.
a.
Regular Hourly Charges. Work done between the hours of 6:00 a.m. and 4:00 p.m., Monday through
Friday, excluding City holidays.
b.
Overtime Hourly Charges. Work done between the hours of 4:00p.m. and 6:00a.m., Monday
through Friday,4:00 p.m. to midnight on Friday, all day on Saturday and Sunday, midnight on Sunday
to 6:00 a.m., Monday and all day on City holidays.
9.1.4.
Should overtime be necessary or indicated, it shall be performed only after obtaining specific authorization
from the Community Services Department or designated City representative. Unauthorized overtime will not
be paid.
9.2. Replacement Equipment and Parts
9.2.1.
The Contractor shall provide consumables/supplies at cost plus a percentage mark-up.
9.2.2.
The Contractor shall provide a discount off list price for replacement parts and equipment. All items in the
manufacturer price catalog(s) shall be available to the City at the discount offered. The discount off list price
shall remain fixed for the initial contract period and renewal options. Unit price shall be the published price
less the discount offered. Manufacturer’s price catalog(s) must be submitted in the form Internet web-site.
Updates to the referenced catalogs must be provided at no cost to the City when made available.
9.2.3.
The Contractor may be required to provide pricing of repair parts, and consumables/supplies for specific jobs
prior to the City authorizing purchase of the parts from the Contractor. The City reserves the right to purchase
related equipment or parts directly from the manufacturer or from other vendors if it is in the City’s best
interest.
9.3. Terms of Payment
Travel:
No charge for travel time or mileage will be recognized.
Labor:
Based on hourly rate for the type of service performed, time invoiced shall be for actual
time worked subject to verification/documentation approved by the Community Services
Department or designated City representatives.
Tools/Equipment:
All tools, equipment, meters etc., necessary to perform contract work shall be
provided by the Contractor. In the event the Contractor needs additional or separate
equipment, the cost, upon prior approval, may be paid by the City, such becoming
the property of the City.
Invoices:
Labor, Parts, and Equipment must be itemized – date of services, hours worked, and
product description for each job. Each invoice must be clearly itemized, or it will be
returned to the Contractor. Invoices must show unit cost and unit quantity. Warranties
and O&M Manuals, supplied by the manufacturer, shall be submitted with the invoices
prior to the City authorizing payment to the Contractor.
9.4. Invoicing and Payment
9.4.1.
All invoicing must be e-mailed within 20 days of final acceptance of product or services. Invoicing must be
itemized, only one- (1) job/project per invoice.
9.4.2.
If a subcontractor is used, it is the responsibility of the prime Contractor to invoice for the subcontractor’s
services. The City of Tempe will not pay subcontractor for services performed as part of this contract.
“Return this Section with your Response”
RFP# 24-088 Pool Equipment and Repair Services
30 | Page
Proposal Questionnaire
Questionnaire responses and supporting documentation provided will be used to evaluate the proposal. In order to evaluate
an Offeror’s overall experience and competence to perform the Scope of Work described herein, the City may rely on
additional resources beyond the information provided.
Question
Response
1.
Provide the address of the facility(s) that will
support this contract. Facility must be located
in the Phoenix Metro area.
Commercial Pool Repair
7721 N 68th Avenue
Glendale, AZ 85303
2.
Describe your company and provide a brief
background to include years in business,
number of employees, business focus, etc.
Commercial
Pool
Repair
has
been
servicing
the
commercial swimming pool market since 1998. We are
fully licensed and bonded. We provide remodel, projects,
and products tailored specifically to commercial pools.
3.
Identify the key contact person for this contract
to include name, e-mail address, phone
number, and position title.
Robert Stockley (General Manager and Vice President)
robert@commercialpoolrepairaz.com
(480) 661-7788 office
(480) 250-8378
4.
Describe the company’s experience performing
similar commercial pool related inspections,
maintenance, repairs and the furnishing of pool
equipment, etc.
CPR has successfully completed projects from complete
facility audits (budget), full renovation, interior refinish, deck
refinish, all equipment (sales, install service), wave
equipment, energy efficiency, tile, chemicals, water
chemistry consulting and service. We have performed this
scope and more for City of Tempe and the majority of
municipalities throughout AZ.
5.
Will your company use subcontractors to
perform any portion of the scope of services? If
so, please include services to be performed
and AROC number.
Yes ___X_ No ____
If yes, provide Sub-contractor(s) name, address, phone
number and service(s) to provide.
Soto and Sons Pool Plastering
6.
Describe your company’s customer service
philosophy.
Customer centric, we pride ourselves on prompt response.
We pride ourself on our work quality and support our work
product and quality. Our customers have built our business
by referring our work quality over 26 years.
7.
Include three (3) references from similar
customers (government or private) where
equipment and services have been provided.
Include a) name of account, b) phone number,
c) e-mail address, d) brief description of work
performed.
Reference 1 Sun City, Arizona
Ray Davis (Facilities Maintenance Supervisor)
Phone (623) 208-3233 email: rdavis@suncityaz.org
Wide variety of projects-Renovations, Sanitation, Lighting,
Heaters, UV Service, Water Chemistry, Pumps, Motors,
Electrical, Plumbing and several other items.
Reference 2 : City of Show Low
Becca Seeley (Aquatic Manager)
Phone (928)532-4134 Email-bseeley@showlowaz.gov
Interior refinish, Deck, Heaters, Sanitation, Pumps,
Plumbing repairs, Water Chemistry, Pumps, AOP, etc.
Reference 3 Arizona State University
Wide variety of projects-Renovations, Sanitation, Lighting,
Heaters, UV Service, Water Chemistry, Pumps, Motors,
Electrical, Plumbing and several other items.
“Return this Section with your Response”
RFP# 24-088 Pool Equipment and Repair Services
31 | Page
8.
Will the company provide the insurance
coverages as noted on Page of the Special
Terms and Conditions Section?
Yes
9.
Describe the typical delivery turnaround time
from receipt of order.
24 Hours (unless special order or customer appointment)
10.
Confirm your response times for emergency call
outs as well as routine calls for service.
Per customer instructions and by emergency type-we can
respond within 1 hour if the customer requests.
11.
Describe the warranty terms for new equipment
purchased and for workmanship (minimum of 1-
year).
We follow all manufacture, state and ROC guidelines- 1
year standard (2-year registrar of contractors) and we
honor longer factory warranty if in place.
12.
What kind of Contractor license does your
company hold? Indicate your AROC number.
Pool Commercial Construction (all projects/construction)
AZ Registrar of Contractors (KA-05) 143136
13.
Provide a list of services that your company is
qualified to perform.
Construction, Plumbing, Electrical, Gas Line to unit,
Equipment installation, Equipment Service, Heaters,
Advanced Oxidation, Water Chemistry Consulting, Deck,
Plaster, Tile, pool play equipment, Wave equipment,
Sanitation Equipment, Controllers (analyzers), energy
efficiency (Lighting, Heat, Covers, Variable Frequency
Drives, Pumps/Motors (ALL EQUIPMENT/All Projects)
14.
How many employees does your company have
employed that are qualified to perform the types
of work described in the Scope of Work?
Provide an overview of employee’s experience,
education, certifications which makes them
qualified to perform the work described in the
Scope of Work.
14 Total FTE
Employees performing
4 Commercial Technicians (Projects/equipment)
2 Commercial Specialists (Diagnostic and light repair)
2 Project leads
1 Owner/license holder
15.
Does your company have a qualified on-call
person available 24-hours a day? If yes,
provided their name and number
Yes (2)
Mike Stockley (480) 861-7165 cell
Robert Stockley (480) 250-8378 cell
16.
Describe the quality control process utilized to
ensure projects are completed to the satisfaction
of Community Services
1. Precise Project plan- outline clear plan for success
2. Quality assurance. Evidence to stakeholders that all quality-
related activities are being done as defined and promised.
3. Quality control identifying, analyzing, correcting problems.
17.
Describe any additional information regarding
your firm and its capabilities that will aid the
City in evaluating your offer.
We are prideful in our quality and our culture of quality. We
are grateful to have worked on various projects for the city
of Tempe (and surrounding municipalities) for the past
twenty years. We look forward to continuing to deliver on
our promise of a job well done.
RFP# 24-088 Pool Equipment and Repair Services
32 | Page
Evaluation Criteria
Proposals will be reviewed by an Evaluation Committee consisting of City staff using the criteria and process outlined below.
Evaluation Process
1. The Procurement Office will verify that all proposals meet the requirements to be considered responsive.
Responses that do not comply with any mandatory requirements will be considered non-susceptible for award and
not forwarded to the Evaluation Committee for scoring.
2. The Evaluation Committee will review and score all responsive proposals and rank them based on the committee’s
scores. Any proposals determined to score outside of the competitive range may be removed for non-susceptibility.
Remaining Offerors may be invited for interviews, negotiations, site visits and best and final offers as determined
at the sole discretion of the City.
It is important to note that firms may be removed for non-susceptibility anytime during the evaluation process and not just
at the specific points noted above.
Award Criteria
Weight
X
Rating
=
Points
1.
Pricing – A review of equipment pricing discounts and labor pricing
shall be considered
30
X
=
2.
Qualifications and resources of Company to include licensing and
expertise of employees
25
X
=
3.
Experience of Company to include review of references and Subs if
noted
25
X
=
4.
Warranty terms offered
10
X
=
5.
Ability of company to comply with City terms and conditions, overall
quality of offer
10
X
=
Total
=
This proposal will be evaluated on a cumulative point system using the rating scale shown below (fractional points may be
selected within this range).
Scoring
Outstanding
9 – 10
Good
6 – 8
Average
4 – 5
Poor
1 – 3
Not Addressed or Unacceptable
0
To evaluate the cost portion of the above criteria, the City may elect to evaluate each firm on a percentage basis of the
lowest cost offer. The formula would be: (Lowest Priced Offer/Evaluated Firm’s Price) x Points Possible = Evaluation Points.
“Return this Section with your Response”
RFP# 24-088 Pool Equipment and Repair Services
33 | Page
Pricing Section
Companies shall provide pricing for the equipment and services described herein:
ITEM
NO.
DESCRIPTION OF REQUIRED MATERIAL, SERVICE OR
CONSTRUCTION
UNIT
UNIT PRICE
1.
Regular Hourly Charges. Work done between the hours of 6:00
a.m. and 4:00 p.m., Monday through Friday, excluding City
holidays. (SOW 9.1.3 a)
Hourly
$115.00
2.
Overtime Hourly Charges. Work done between the hours of
4:00p.m. and 6:00a.m., Monday through Friday,4:00 p.m. to
midnight on Friday, all day on Saturday and Sunday, midnight on
Sunday to 6:00 a.m., Monday and all day on City holidays. (SOW
9.1.3 b)
Hourly
$172.50
3.
List out any other labor categories that might be applicable to the
scope of work herein: Weekend
Hourly
$172.50
4.
Holiday
Hourly
$230.00
5.
Hourly
ITEM
NO.
Provide a description for each listed Mfg. catalog including
brand name (Include a link to catalog or name the catalog)
Catalog Discount %
a
Alladin Equipment Catalog www.aladdin1950.com
8%
b
Antiwave Pool Products AntiWave | Pool Lane Lines and Water
Polo Goals
5%
c
Aqua Creek Home - Aqua Creek (aquacreekproducts.com)
2.5%
d
Bio Dex Bio-Dex Laboratories | Pool Service Pros Trust Bio-
Dex!
5%
e
Chlorking Advanced Commercial Swimming Pool & Water Treatment
Systems (chlorking.com)
Parts 5% Wole Goods 3.5%
f
Clear Comfort Clear Comfort® AOP Systems: The Future of AOP
Water Treatment
6.5%
g
Clear Water Ozone ClearWater Tech (cwtozone.com)
4%
h
Competitor Swimp Products Swimming Lane Lines, Pool Lane
Dividers, Pool Rope Floats | Competitor Swim
7.5%
i
SR Smith Pool Deck Equipment - Pool Slides And Diving Boards |
S.R.Smith (srsmith.com)
7%
j
T-Star Pool Covers Thermal Pool Covers | S.R.Smith Commercial
Products (srsmith.com)
3.5%
k
Pentair Commercial Commercial Pool & Spa | Solution Equipment |
Pentair
5%
l
Pentair (Stark and Commercial) Commercial Pool Filtration |
Commercial Filters | Pentair
7%
m
Chemtrol Water Treatment Automation | CHEMTROL | 1 800-621-
2279 (sbcontrol.com)
6%
n
WaterCO Price List - robert@commercialpoolrepairaz.com -
Commercial Pool Repair Mail (google.com)
10%
o
Maytronics/Dolphin Dolphin Robotic Swimming Pool Cleaner |
Maytronics
7.5%
p
Blue and White Industries Blue-White - Fluid metering solutions
made simple™
5%
q
Jim Bouy Jim-Buoy (jimbuoy.com)
“Return this Section with your Response”
RFP# 24-088 Pool Equipment and Repair Services
34 | Page
r
Daldorado Swimming Pool Grating (daldorado.com)
4%
s
Lawson Aquatics Lawson Aquatics® Grating (evoqua.com)
2.5%
t
Neptune Benson Aquatics & Pools (evoqua.com)
5%
u
Duraflex International Members Area - Duraflex International
2%
v
Glacier Pool Coolers Commercial Pool Coolers by Glacier Pool
Coolers | Glacier Pool Coolers
1.5%
w
Custom Molded Products Log In ‹ CMP — WordPress (c-m-p.com)
8%
x
Teylor Testing Resource Center (taylortechnologies.com)
10%
y
Lamotte LaMotte Pool and Spa Water Testing Products
5%
z
Palin Test Pool Water Testing, Spa Water Tester, Spa & Pool
Photometer | Palintest
8%
1
H2Flow H2Flow Controls
Valves 8% VFD 5%
2
MerMade Filter Home (mermade.com)
5%
3
Nidec Motor (US Motor) Nidec 2020 Full Line Catalog (rrd.com)
6%
4
Orenda Technologies Orenda Products Overview | Orenda Products
(orendatech.com)
7.5%
5
Oreq Chemicals Home | Oreq Pool & Spa Chemicals and Equipment
(oreqcorp.com)
5%
6
Pentair NY Pentair Pro Hub | Pentair (VFD and Commercial Equip)
5.5%
f.
Indicate the cost-plus percentage for the purchase of consumable
supplies
1.25 (markup) 25%
“Return this Section with your Response”
RFP# 24-088 Pool Equipment and Repair Services
35 | Page
* Applicable Tax 8.05 %
* State correct jurisdiction to receive sales tax on the Vendor's Offer, included in this Request for Proposal.
Less prompt payments discount terms of % days/ or net thirty (30) days. (To apply after receipt and acceptance of an
itemized monthly statement.) For evaluation purposes, the City cannot utilize pricing discounts based upon payments being
made in less than thirty (30) days from receipt of statement.
Ordering and Invoice Instructions
Invoices shall be issued directly to the ordering department. Invoices shall be accurate and complete including the
information shown below. Failure to provide a properly documented invoice may cause a delay in receipt of payment. The
City will not process an invoice for payment until it has been approved by the ordering department and forwarded to Accounts
Payable. The City endeavors to process invoices within 30 days after receipt of an accurate and complete document.
Invoices shall include:
1.
Line item listing of all ordered items to include description of items;
2.
Unit cost and extended cost for each line item;
3.
Applicable Tax;
4.
Payment Terms;
5.
Purchase Order Number;
6.
Name of selling organization clearly stated on invoice along with address;
7.
Phone number and or e-mail address for contact person to clarify invoicing questions;
Invoices that do not follow the above minimum invoicing requirements will not be paid. Payment must be applied to only
invoices referenced on check/payment stub. The City reserves the right to process payments via check or P-Card.
Accounting Contacts:
Carey Alf
Letters A – H and Numbers
Carlene Foster
Letters I – Z
Yesenia Loredo Flores
General AP Inquiries and AP Checks
“Return this Section with your Response”
RFP# 24-088 Pool Equipment and Repair Services
36 | Page
Vendor’s Offer
Offeror must complete, sign and submit this form to the Procurement Office with the proposal response. An unsigned
“Vendor’s Offer”, late proposal response, and/or a materially incomplete response will be considered nonresponsive and
rejected. Offeror is to type or legibly write in ink all information required below. A scanned copy of this page is acceptable.
Company Name:
Commercial Pool Repair
Company Purchase Order Mailing Address:
Street Address:
PO BOX 28397
City, State, Zip:
Scottsdale, AZ 85255
Contact Person: Robert Stockley
Phone Number: (480) 661-7788
E-mail Address: robert@commercialpoolrepairaz.com
Cell Number:
(480) 250-8378
Remit to Information
Company Name (as it appears on invoice):
Commercial Pool Repair
Company Payment Remit to Address:
Street Address:
PO BOX 28397
City, State, Zip:
Scottsdale, AZ 85255
Company Tax Information
If a Tempe-based firm, provide Tempe Transaction Privilege (Sales) Tax No.:
Payment Options
Will your company accept the City’s Master Card for payment?
Yes
No
X
Will your company accept Payment via ACH (Automated Clearing House) for payment?
Yes
X
No
THIS PROPOSAL IS OFFERED BY
REQUIRED SIGNATURE OF AUTHORIZED OFFEROR
By signing this Vendor’s Offer, Offeror acknowledges acceptance of all terms and conditions contained herein and that
prices offered were independently developed without consultation with any other Offeror or potential Offeror. Failure to sign
and return this form with proposal response will be considered nonresponsive and rejected.
JANUARY 15, 2024
Signature of Authorized Offer
Date
ROBERT STOCKLEY
VICE PRESIDENT AND GENERAL MANAGER
Print or Type Name of Authorized Individual
Title of Authorized Individual
“Return this Section with your Response”
RFP# 24-088 Pool Equipment and Repair Services
37 | Page
Anti-Discrimination Policy
COMPLIANCE WITH CITY’S ANTIDISCRIMINATION
ORDINANCE NO. 02016.25
_________________________________________________
The Tempe City Council approved Ordinance No. 02016.25 that requires vendors who are being recommended for
award to provide evidence of their compliance with the City’s antidiscrimination policy as shown below:
Sec. 2-601. Policy.
It is declared to be the policy for the citizens of Tempe, Arizona, to be free from discrimination in public
accommodations, employment, and housing, and contrary to public policy and unlawful to discriminate against any
person on the basis of race, color, gender, gender identify, sexual orientation, religion, national origin, familial status,
age, disability, or United States military veteran status, in places of public accommodation, employment, and
housing; and contrary to the policy of the city and unlawful for vendors and contractors doing business with the city
to discriminate, as set forth in this article.
Sec. 2-603. Unlawful Practices.
The following shall constitute a violation of this article:
For a city vendor or city contractor, because of race, color, gender, gender identify, sexual orientation, religion,
national origin, familial status, age, disability, or United States military veteran status, to refuse to hire or employ or
bar or discharge from employment any person, or to discriminate against such person in compensation, conditions,
or privileges or employment. City vendors and contractors of fifteen (15) or more employees shall provide a copy of
its antidiscrimination policy to the Procurement Officer to confirm compliance with this article. Employers having
fourteen (14) or less employees may attest in writing to compliance with this article.
Vendor Requirements
Vendors who have fifteen (15) or more employees shall include with their bid/proposal submittal a copy of its
antidiscrimination policy that must mirror the City’s policy as stated above. Suppliers who have fourteen (14) or less
employees may include their antidiscrimination policy or complete a written affidavit of compliance per the attached.
To be completed by responding company and returned with submittal:
_____
Our company has 15 or more employees and has included its antidiscrimination policy that mirrors the
City’s policy;
_xx___
Our company has fourteen (14) or less employees and is attaching the signed AFFIDAVIT OF
COMPLIANCE WITH TEMPE CITY CODE CHAPTER 2 ARTICLE VIII SECTION 2-603(5).
Please include this document along with the company’s antidiscrimination policy or the completed affidavit with offer
submittal
“Return this Section with your Response”
RFP# 24-088 Pool Equipment and Repair Services
38 | Page
Only complete this document if you have 14 or less employees.
AFFIDAVIT OF COMPLIANCE WITH TEMPE CITY CODE
CHAPTER 2 ARTICLE VIII SECTION 2-603(5)
_________________________________________________
Per Tempe City Code Chapter 2 Article VIII Section 2-603(5), it is unlawful for a City vendor or City
contractor, because of race, color, gender, gender identity, sexual orientation, religion, national origin,
familial status, age, disability, or United States military veteran status, to refuse to hire or employ or bar or
discharge from employment any person, or to discriminate against such person in compensation, conditions,
or privileges of employment.
City vendors and contractors shall provide a copy of their antidiscrimination policy to City to confirm
compliance with this requirement or attest in writing to compliance.
▪
CONTRACTOR means any person who has a contract with the City.
▪
VENDOR means a person or firm in the business of selling or otherwise providing products,
materials, or services.
CONTRACTOR/VENDOR, select one:
_____ Current copy of antidiscrimination policy attached
OR
ROBERT STOCKLEY I hereby certify COMMERCIAL POOL REPAIR (contractor/vendor) to be in compliance
with Tempe City Code Chapter 2 Article VIII Section 2-603(5).
____________________________________
Date: JANUARY 16, 2024
Signature
ROBERT STOCKLEY
VICE PRESIDENT AND GENERAL MANAGER
Print Name
Title
COMMERCIAL POOL REPAIR
Company
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Affidavit of Compliance with House Bill 2488
AFFIDAVIT OF COMPLIANCE WITH HOUSE BILL 2488
SUPPLIER AGREES TO NOT USE THE FORCED LABOR OF ETHNIC UYGHURS IN THE
PEOPLE’S REPUBLIC OF CHINA
_________________________________________________
Per House Bill 2488 approved by the Arizona Legislature, this law stipulates that a public entity may not enter into
or renew a contract with a company for the acquisition or disposition of supplies, services, goods, information
technology or construction unless the contract includes written certification that the company does not currently,
and agrees for the duration of the contract that it will not, use:
•
The forced labor of ethnic Uyghurs in the People’s Republic of China;
•
Any services or goods produced by the forced labor of ethnic Uyghurs in the People’s Republic of China;
and
•
Any suppliers, contractors or sub-contractors that use the forced labor of any services or goods produce by
the forced labor of ethnic Uyghurs in the People’s Republic of China
Based on the above, the supplier certifies:
I hereby certify COMMERCIAL POOL REPAIR (contractor/vendor) to be in compliance with Arizona House Bill
2488
____________________________________
1/16/2024
Signature Date
ROBERT STOCKLEY
GENERAL MANAGER
Print Name
Title
COMMERCIAL POOL REPAIR
Company
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Supplier Sustainability Questionnaire
The City of Tempe is strongly committed to sustainable practices and programs that help build a vibrant and resilient
community. The City accomplishes this through a variety of innovative programs, including water and energy conservation,
recycling, composting, alternative transportation, sustainable business practices and environmental stewardship. Tempe
recently established its 2019 Climate Action Plan (CAP) that provides a guideline for how the City will take local action on
global climate change by reducing its greenhouse gas (GHG) emissions and adapting to the changing climate. The Climate
Action Plan serves as a guideline for the City’s path toward a sustainable and resilient future that will benefit the entire City.
The City has strengthened its commitment to sustainability by adopting a new carbon neutrality goal by 2050 and a strategy
of sourcing 100 percent of its electricity from renewable sources by 2035. To learn more about the City’s commitment to
sustainability, please visit https://www.tempe.gov/government/sustainable-tempe.
To further this commitment, the City has developed a Sustainable Procurement Policy that provides specific guidelines for
how these important sustainable practices and programs will be reflected in contract award decisions. By partnering with
companies who share these sustainability goals, the City will be able to significantly enhance sustainable outcomes.
To support these efforts, the following Supplier Sustainability Questionnaire has been developed that will allow the City to
better understand your company’s efforts and commitments regarding sustainable practices and initiatives. This
questionnaire has two sections – a section to understand what your company is doing regarding sustainable actions and a
section to understand the specific sustainable attributes of the product or service that you are offering.
Item
Question
Response
Corporate Sustainable Actions
1.
What sustainability guidelines or environmental statement does
your company have to guide the company as a whole? Please
include a link.
WE WORK TO IMPROME SUSTAINABILITY
BY RECYCLING AND WORKING WITH CITIES
TO INSTALL ENERGY EFFICIENT PRODUCTS
2.
What is your company doing to be more energy efficient?
CARPOOLING, ENERGY EFFICIENT
PROJECTS
3.
What is your company doing to reduce greenhouse gas
emissions?
PARTNERING WITH MANUFACTURES
TO PROMOTE EFFICIENT PRODUCTS
4.
What is your company doing to reduce waste transferred to
landfills?
RECYCLE ALL POSSIBLE RENEWABLE
GOODS (PROJECT WASTE)
5.
What is your company doing to reduce water waste?
WE OFFER A NUMBER OF PRODUCTS
TO REDUCE WATER IN AQUATIC
FACILITIES (ESCALANTE
MULTICYCLONES)
6.
What kind of effort does your company make to reduce the use of
environmentally harmful materials (such as cleaning products,
etc.)?
WE OFFER SUSTAINABLE AND
ENVROMENTALLY FRIENDLY
PRODUCTS WHEN AVAILABLE
7.
Does your company take any actions to manage the sustainability
of your supply chain? If yes, please explain.
RECYCLING PROGRAM
8.
Has your company received any environmental or sustainability
related independent certifications or recognitions? If yes, please
explain.
NO
Product Sustainable Attributes
1.
Has your company performed an environmental life cycle analysis
on the product being offered the City? If yes, please provide
documentation.
NO
2.
Can the product being offered be refurbished, recycled, or
composted at the end of its life? If yes, please elaborate.
RECYCLE RENEWABLE IF POSSIBLE
3.
Does the product being offered include any recycled materials? If
yes, please explain.
SOME
4.
What measures have been taken to reduce unnecessary
packaging materials associated with the product being offered?
MAJOR MANUFACTURES HAVE
ADOPTED TO REDUCE
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Please find some helpful links below that will provide additional information, tools and resources regarding
sustainable practices:
Greenhouse Gas Calculators:
https://www.epa.gov/energy/greenhouse-gases-equivalencies-calculator-calculations-and-references
Sustainable Packaging:
https://www.epa.gov/smm/sustainable-packaging
https://www.epa.gov/facts-and-figures-about-materials-waste-and-recycling/containers-and-packaging-product-specific-
data
Cleaning Products:
https://www.epa.gov/saferchoice
Tool to Measure and Track your Waste and Recycling:
http://www.epa.gov/smm/wastewise/measure-progress.htm
Water Conservation:
http://water.epa.gov/polwaste/nps/chap3.cfm
5.
What kind of reusable, recyclable, and/or compostable packaging
materials does your company use?
PACKAGING MATERIAL
6.
Has the product being offered been rated or certified by a third-
party organization such as Energy Star, Green Seal, Leadership
in Energy and Environmental Design (LEED), Forest
Stewardship Council, etc.? If yes, please provide certification
documentation.
VARIOUS LISTED
7.
Please provide any additional information you would like to share
regarding your product’s sustainable attributes.