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Contract No. 2026-058
COOPERATIVE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
B2B DIRECT SALES, INC.
D/B/A
THE HVAC COMPANY
THIS COOPERATIVE SERVICES AGREEMENT (this “Agreement”) is entered into
upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the
“Town”), and B2B Direct Sales, Inc., an Arizona corporation (the “Vendor”) d/b/a The HVAC
Company.
RECITALS
A.
After a competitive procurement process (RFP # 220-001) with the City of Tempe
(“City”), B2B Direct Sales, Inc. d/b/a The HVAC Co. entered into Contract No. T22-001-29,
dated January 14, 2022, as amended (collectively, the “City Contract”) for the Vendor to provide
“Trade Services” for the Town chiller return pipe modification project (“Project”). A copy of the
City Contract is incorporated herein by reference attached hereto as Exhibit A, to the extent not
inconsistent with this Agreement.
B.
The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make
purchases under the City Contract, at its discretion and with the agreement of the awarded
Vendor, and the City Contract permits its cooperative use by other public entities, including the
Town.
C.
The Town and the Vendor desire to enter into this Agreement for the purpose of
(i) acknowledging their cooperative contractual relationship under the City Contract and this
Agreement, (ii) establishing the terms and conditions by which the Vendor may provide “Trade
Services” (the “Materials and Services”), and (iii) setting the maximum aggregate amount to be
expended pursuant to this Agreement related to the Materials and Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Vendor hereby agree as follows:
1.
Term of Agreement. This Agreement shall be effective as of the date of execution
and attested to by the Town Clerk pursuant to Section 3-3-31 of the Town Code, and shall
remain in full force and effect until the Project completion as determined by the Town.
2.
Scope of Work. Vendor shall provide to the Town the Services under the terms
and conditions of the City Contract and according to the specifications set forth in the Vendor’s
Proposal attached hereto as Exhibit B and incorporated herein by reference.
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2.1
Inspection; Acceptance. All Materials and Services are subject to final
inspection and acceptance by the Town. Materials failing to conform to the requirements of this
Agreement and/or the City Contract will be held at Vendor’s risk and may be returned to the
Vendor. If so returned, all costs are the responsibility of the Vendor. Upon discovery of non-
conforming Materials or Services, the Town may elect to do any or all of the following by written
notice to the Vendor: (i) waive the non-conformance; (ii) stop the work immediately; or
(iii) bring Materials or Services into compliance and withhold the cost of same from any payments
due to the Vendor.
2.2
Cancellation. The Town reserves the right to cancel any work order within
a reasonable time after issuance. Should a work order be canceled, the Town agrees to reimburse
the Vendor, but only for actual and documentable costs incurred by the Vendor due to and after
issuance of the work order. The Town will not reimburse the Vendor for any costs incurred after
receipt of the Town notice of cancellation, or for lost profits, shipment of product prior to issuance
of a work order or for anything not expressly permitted pursuant to this Agreement.
3.
Compensation. The Town shall pay Vendor an amount not to exceed $189,633.21
(of which $17,239.38 are contingency funds) for the Materials and Services at the rates set forth in
the City Contract and as more particularly set forth in Exhibit B.
4.
Payments. The Town shall pay the Vendor monthly (and the Vendor shall invoice
monthly), based upon acceptance and delivery of Materials and/or Services performed and
completed to date, and upon submission and approval of invoices. Each invoice shall (i) contain a
reference to this Agreement and the City Contract and (ii) document and itemize all work
completed to date. The invoice statement shall include a record of materials delivered, time
expended, and work performed in sufficient detail to justify payment. Additionally, invoices
submitted without referencing this Agreement and the City Contract will be subject to rejection
and
may
be
returned.
All
invoices
and
statements
shall
be
emailed
to
accountspayable@fountainhillsaz.gov. Town Finance will not disburse any payments to Vendors
without a valid business license, as applicable.
5.
Records and Audit Rights. To ensure that the Vendor and its subcontractors are
complying with the warranty under Section 6 below, Vendor’s and its subcontractors’ books,
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records, correspondence, accounting procedures and practices, and any other supporting evidence
relating to this Agreement, including the papers of any Vendor and its subcontractors’ employees
who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter
referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction
during normal working hours by the Town, to the extent necessary to adequately permit
evaluation of the Vendor’s and its subcontractors’ compliance with the Arizona employer
sanctions laws referenced in Section 6 below. To the extent necessary for the Town to audit
Records as set forth in this Section, Vendor and its subcontractors hereby waive any rights to keep
such Records confidential. For the purpose of evaluating or verifying such actual or claimed
costs or units expended, the Town shall have access to said Records, even if located at its
subcontractors’ facilities, from the effective date of this Agreement for the duration of the work
and until three years after the date of final payment by the Town to Vendor pursuant to this
Agreement. Vendor and its subcontractors shall provide the Town with adequate and appropriate
workspace so that the Town can conduct audits in compliance with the provisions of this
Section. The Town shall give Vendor or its subcontractors reasonable advance notice of intended
audits. Vendor shall require its subcontractors to comply with the provisions of this Section by
insertion of the requirements hereof in any subcontract pursuant to this Agreement.
6.
E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-
4401, the Vendor and its subcontractors warrant compliance with all federal immigration laws
and regulations that relate to their employees and their compliance with the E-verify requirements
under ARIZ. REV. STAT. § 23-214(A). Vendor’s or its subcontractors’ failure to comply with such
warranty shall be deemed a material breach of this Agreement and may result in the termination
of this Agreement by the Town.
7.
Israel. Vendor certifies that it is not currently engaged in and agrees for the
duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ.
REV. STAT. § 35-393, of Israel.
8.
China. Pursuant to and in compliance with A.R.S. § 35-394, Vendor hereby
agrees and certifies that it does not currently, and agrees for the duration of this Agreement that
Vendor 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. Vendor also hereby agrees to indemnify and hold harmless the Town, its officials,
employees, and agents from any claims or causes of action relating to the Town’s action based
upon reliance upon this representation, including the payment of all costs and attorney fees
incurred by the Town in defending such as action.
9.
Conflict of Interest. This Agreement may be canceled by the Town pursuant to
ARIZ. REV. STAT. § 38-511.
10.
Applicable Law; Venue. This Agreement shall be governed by the laws of the State
of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa
County, Arizona.
11.
Agreement Subject to Appropriation. The Town is obligated only to pay its
obligations set forth in this Agreement as may lawfully be made from funds appropriated and
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budgeted for that purpose during the Town’s then current fiscal year. The Town’s obligations
under this Agreement are current expenses subject to the “budget law” and the unfettered
legislative discretion of the Town concerning budgeted purposes and appropriation of funds.
Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this
Agreement shall be deemed terminated at the end of the then-current fiscal year term for which
such funds were appropriated and budgeted for such purpose and the Town shall be relieved of
any subsequent obligation under this Agreement. The parties agree that the Town has no obligation
or duty of good faith to budget or appropriate the payment of the Town’s obligations set forth in
this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement
is executed and delivered. The Town shall be the sole judge and authority in determining the
availability of funds for its obligations under this Agreement. The Town shall keep Vendor
informed as to the availability of funds for this Agreement. The obligation of the Town to make
any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town.
Vendor hereby waives any and all rights to bring any claim against the Town from or relating in
any way to the Town's termination of this Agreement pursuant to this section.
12.
Conflicting Terms. In the event of any inconsistency, conflict or ambiguity
among the terms of this Agreement, the City Contract, invoices, and the Proposal, the documents
shall govern in the order listed herein. Notwithstanding the foregoing, and in conformity with
Section 2 above, unauthorized exceptions, conditions, limitations or provisions in conflict with
the terms of this Agreement or the City Contract (collectively, the “Unauthorized Conditions”),
other than the Town’s project-specific requirements, are expressly declared void and shall be of
no force and effect. Acceptance by the Town of any work order or invoice containing any such
Unauthorized Conditions or failure to demand full compliance with the terms and conditions set
forth in this Agreement or under the City Contract shall not alter such terms and conditions or
relieve Vendor from, nor be construed or deemed a waiver of, its requirements and obligations in
the performance of this Agreement.
13.
Rights and Privileges. To the extent provided under the City Contract, the Town
shall be afforded all of the rights and privileges afforded to City and shall be the “City” (as
defined in the City Contract) for the purposes of the portions of the City Contract that are
incorporated herein by reference.
14.
Indemnification; Insurance. In addition to and in no way limiting the provisions set
forth in Section 12 above, the Town shall be afforded all of the insurance coverage and
indemnifications afforded to the City to the extent provided under the City Contract, and such
insurance coverage and indemnifications shall inure and apply with equal effect to the Town
under this Agreement including, but not limited to, the Vendor’s obligation to provide the
indemnification and insurance. In any event, the Vendor shall indemnify, defend and hold
harmless the Town and each council member, officer, employee or agent thereof (the Town and
any such person being herein called an “Indemnified Party”), for, from and against any and all
losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable
attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified
Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such
Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the
negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work
or services of the Vendor, its officers, employees, agents, or any tier of subcontractor in the
performance of this Agreement.
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If to Vendor:
B2B Direct Sales, Inc., d/b/a The HVAC Company
3120 W. Carefree Highway, Ste.1817
Phoenix, Arizona 85086
Attn: James Hoover
15.
Laws and Regulations. Vendor shall keep fully informed and shall at all times
during the performance of its duties under this Agreement ensure that it and any person for
whom the Vendor is responsible abides by, and remains in compliance with, all rules,
regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the
following: (A) existing and future Town and County ordinances and regulations; (B) existing and
future State and Federal laws; and (C) existing and future Occupational Safety and Health
Administration standards.
16.
Notices and Requests. Any notice or other communication required or permitted t0
be given under this Agreement shall be in writing and shall be deemed to have been duly given if
(i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered
or certified, return receipt requested, to the address set forth below or (iii) given to a recognized
and reputable overnight delivery service, to the address set forth below:
If to the Town:
Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Rachael Goodwin, Town Manager
With Copy to:
Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Town Attorney
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received: (i) when delivered to the party, (ii) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (iii) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. If
a copy of a notice is also given to a party’s counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
ATTESTED TO:
_______________________________
Town Clerk
APPROVED AS TO FORM:
________________________________
Town Attorney
“Town”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
FOR THE TOWN OF FOUNTAIN HILLS:
____________________________________
Town Manager
FOR THE CONTRACTOR:
By:
Name
Title: ______________________________
EXHIBIT A
TO
COOPERATIVE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
B2B DIRECT SALES, INC.
D/B/A
THE HVAC COMPANY
[City Contract]
See following pages.
Financial Services
Procurement Office
20 E 6th Street
Tempe, AZ 85281
Contract Number
Date
October 16, 2024
Contract Description
Beginning
January 14, 2025
Ending
January 13, 2026
Renewal
1 of 3
Procurement Officer
480-350-8548
Procurement Specialist
480-350-8618
Contract Renewal & Modification Notice
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.
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 Renewal Information
T22-001-29
Trade Services
99790
B2B Direct Sales, Inc. dba The HVAC Company
James Hoover
3120 W Carefree Hwy, Ste 1817
Phoenix, AZ 85086
Eric Kraenzle
Elaine Ngai
B2B Direct Sales, Inc. dba The HAVC Company 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.
eric_kraenzle@tempe.gov
elaine_ngai@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 Number
Contract Description
Date
Date
Date
Procurement Officer
Procurement Administrator
T22-001-29
Trade Services
Printed name of person signing
Phone Number
email Address
Contractor's Name
B2B Direct Sales, Inc. dba The HVAC Company
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 B2B Direct Sales, Inc. dba The HVAC Company
Contractor's Mailing Address
Eric Kraenzle
3120 W Carefree Hwy, Ste 1817
Phoenix, AZ 85086
James Hoover, President
602-565-0518
james@thehvaccompany.net
12-05-2024
Journeyman
Helper
Weekdays- Straight Time
$95.00
$72.00
$
$
$
25%
Markup on direct cost of parts and materials
New pricing effective January 14, 2025
Group 15 – HVAC; Maintenance and Repair, New, Install
Repair and retrofitting of HVAC equipment (A/C units, coolers, pre-coolers, furnaces, etc.). To include
oil and natural gas burner malfunctions and flameouts, oil valve replacements, repair leaking pipes,
repair/replace heat pumps, duct work repairs, and system diagnostics. Includes Low Temperature
Refrigeration repairs and maintenance.
Pricing – HVAC; Maintenance and Repair, New, Install
Provide your firms job title(s) and hourly rate(s) below
REQUEST FOR PROPOSAL
RFP# 22-001
TRADE SERVICES
RFP ISSUE DATE:
AUGUST 18, 2021
DEADLINE FOR INQUIRIES/QUESTIONS:
SEPTEMBER 8, 2021 AT 5:00 P.M. LOCAL ARIZONA TIME
RFP DUE DATE AND TIME:
SEPTEMBER 29, 2021, 3:00 P.M. LOCAL ARIZONA TIME
ALL INQUIRIES MUST BE DIRECTED TO:
ERIC KRAENZLE, C.P.M.
EMAIL: eric_kraenzle@tempe.gov
PHONE: 480-350-8548
SUBMITTAL LOCATION: Due to the COVID Virus, Tempe will only accept an e-copy of the
completed and signed proposal via e-mail to the following address:
Bids@tempe.gov
No hard copy proposals will be accepted at this time.
Table of Contents
General Instructions .......................................................................................................................................... 3
Standard Terms and Conditions ........................................................................................................................ 8
Special Terms & Conditions and Instructions ................................................................................................... 17
Scope of Work ................................................................................................................................................. 23
Specifications .................................................................................................................................................. 26
Pricing & Specifications ................................................................................................................................... 28
Proposal Questionnaire ................................................................................................................................... 64
Evaluation Criteria ........................................................................................................................................... 66
Vendor’s Offer ................................................................................................................................................. 67
Anti-Discrimination Policy ................................................................................................................................ 68
Supplier Sustainability Questionnaire .............................................................................................................. 70
Checklist for Submittal ..................................................................................................................................... 72
RFP# 22-001 Trade 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 to the City of Tempe (“City”) in the sequence specified herein, on the forms
attached hereto, including Vendor’s Offer.
B.
All proposals shall be submitted on the forms provided in this Request for Proposal, signed by an authorized
signer and returned with the proposal response to the City.
C.
Completed and signed proposal forms for offer, acceptance and any solicitation addendums shall be signed
by an authorized individual. Such proposal constitutes an irrevocable Offer to sell the good and/or service
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.
D.
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.
E.
Offeror shall identify each subcontractor to be utilized in the services and/or work set forth herein, if
applicable.
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.
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.
RFP# 22-001 Trade Services
4 | Page
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, unless another City contact is specifically named. Inquiries shall be submitted in
writing (preferably via e-mail), identifying the appropriate Request for Proposal’s number, page and paragraph at
issue. PLEASE NOTE: Offeror must not place the Request for Proposal’s number on the outside of an envelope
containing questions. Oral responses provided by the City shall have no binding effect or legal effect. Inquiries
should be submitted within the designated timeframe noted on the front page of the solicitation. Those questions
received after the designated date may be considered at the sole discretion of the Procurement Officer. The City
reserves the right to contact Offerors to obtain additional information for use in evaluating proposal and solicitation
requirements.
5.
Proposal Conference: If a proposal conference is scheduled, Offerors are strongly encouraged to attend to seek
clarification on any aspects of the documents that are not clear or questions that might pertain the specifications or
scope of work published. There are times when attendance at a proposal conference is mandatory and those
conferences shall be specially noted when applicable.
6.
Withdrawal of Proposal: At any time before the specified proposal due date and time, an Offeror may withdraw
its proposal by way of written correspondence from the Offeror or its authorized representative.
7.
Proposal Addenda: Receipt and acceptance of a Request for Proposal addendum shall be acknowledged by
signing and returning the document either with the vendor’s proposal response or by separate envelope prior to
proposal due date/time. Failure to sign and return an addendum prior to the proposal due date/time may result in
the proposal being considered nonresponsive to that portion of the Request for Proposal and may result in rejection.
For all addenda published, the City will send electronic notification to those companies who have downloaded the
solicitation from the City’s web site. If a company receives the solicitation via a third- party plan holder organization,
it will be the responsibility of the company to download the solicitation from the City’s web site to ensure that their
company is included on any forthcoming addenda notification.
8.
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.
9.
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 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.
10.
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.
RFP# 22-001 Trade 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.
Technical Proposal Opening: Technical proposals (as received in step one of a two-step bidding process) shall
be opened at the time and place designated on the cover page of this document. 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 the evaluation. Evaluation
documentation to substantiate technical proposal selection(s) shall be open for public inspection.
15.
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.
RFP# 22-001 Trade Services
6 | Page
16.
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.
17.
Proposal Results: Offerors may attend the scheduled proposal opening at which the name of each
Offeror will be publicly read. All other information contained in the proposals shall be kept confidential
until the Contract is awarded. After award of Contract, an appointment may be made with the Procurement
Officer to review proposal documents. Formal Contract award results shall be placed on the Procurement Office
web page (www.tempe.gov/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
(http://documents.tempe.gov/sirepub/?sort=meet_date .
18.
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 (http://documents.tempe.gov/sirepub/?sort=meet_date) 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.
19.
Delivery: All materials, equipment and/or products shall be delivered F.O.B. Destination to the City of Tempe Per
the location identified in the solicitation.
20.
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 salestax@tempe.gov
21.
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.
22.
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.
23.
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.
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24.
Code Governance: Unless otherwise specified herein, the provisions of the Tempe City Code, Chapter 26A shall
apply and govern this Request for Proposal.
25.
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 web site up
to five (5) days prior to the City Council meeting.
26.
Late Responses: The Offeror assumes responsibility for having the Proposal submitted on time via e-mail to the
address shown on the front page of this RFP. Any Offers received after the Solicitation Due Date and Time shall
not be considered and will be returned to the Offeror. The Offeror assumes the risk of any delay in the electronic
processing of the supplier’s e-mail through both parties (Supplier and City) networks. Offerors must allow adequate
time to ensure that the e-mail is timely received by the City at the designated e-mail address. All times referenced
are Tempe, Arizona local times. Respondents agree to accept the time and date that is recorded on the received
e-mail as the official time. Any e-mail submissions that are timed at 3:01 or later on the schedule due date will be
considered late and not considered.
27.
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.
28.
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 Bidder 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.
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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 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.
Certification: By signing the “Vendor’s Offer”, the Offeror certifies:
A.
The submission of the vendor’s proposal Offer 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.
The 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.
E.
The 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.
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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.
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 Contractor engages in for-profit activity and has 10 or more employees, and if this Agreement has a
value of $100,000 or more, Contractor certifies it is not currently engaged in, and agrees for the duration
of this Agreement 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.
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.
Confidentiality of Records: The 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.
7.
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.
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 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.
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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.
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.
13.
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.
14.
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. Items must be identified by the name, model number, and/or serial number most
applicable along with the correct unit cost. 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.
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.
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 (90) 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;
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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.
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.
17.
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.
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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.
21.
Interpretation of Parole 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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22.
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.
23.
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.
24.
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.
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
20 E. 6th Street (Second Floor)
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.
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.
28.
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.
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29.
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.
30.
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.
31.
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.
32.
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.
33.
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.
34.
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.
35.
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.
36.
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.
37.
Serial Numbers: Proposals shall include equipment on which the original manufacturer's serial number has not
been altered in any way. The City reserves the right to reject any and all equipment.
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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.
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,
D.
Has been convicted, pleaded nolo contendre, indicted, arraigned or custodially detained on charges
involving money laundering or predicate crimes to money laundering.
40.
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.
41.
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.
42.
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.
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.
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43.
Work for Hire and Ownership of Deliverables: Contractor hereby agrees and covenants that all the results and
proceeds of Contractor’s work and/or services for the Project specified herein, for 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, 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.
44.
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.
45.
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.
46.
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.
47.
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.
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Special Terms & Conditions and Instructions
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 ninety (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 three (3) years 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 three (3) 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 three (3) years each, unless the City is
eligible to obtain a significant cost and/or supply advantage by a longer Contract renewal period.
6.
Price Adjustment:
A.
The Procurement Office will review fully documented requests for price increases after the Contract has
been in effect for twelve (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 twelve (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.
7.
Multiple Awards: The City has a large number and variety of potential customer departments. In order to ensure
that 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.
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8.
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.
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.
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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
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.
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9.
Payments - After Monthly Statement: Payment in full shall be made to the Contractor within thirty (30) days after
receipt and approval of monthly itemized statement, unless terms other than net thirty (30) days are offered as a
discount, at the City’s sole discretion.
10.
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.
11.
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.
12.
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
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.
13.
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.
14.
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.
15.
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.
16.
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.
17.
Use of Safety Vests and Orange Colored Shirts: The Contractor will follow the City code on the use of high visibility
vests and clothing as specified below: The Tempe City Code addresses this matter in Section 29-4. Working within
right-of-way
(a)
For the purposes of this section, the following words or phrases shall have the meanings respectively
ascribed to them by this subsection:
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1)
Motor vehicle means any vehicle required to be licensed or registered under the laws of the state.
2)
Protective devices include, but are not limited to, orange vest (daytime), reflectorized orange vest
(nighttime), traffic cones, barricades, flashing lights, flares and any other traffic-control device as
required by the City.
3)
Right-of-way means all of that property used as a traveled portion of public roadways for motor
vehicles lying between the exterior boundary lines of any area granted to or received by the City by
grant, gift, easement, deed, dedication or operation of law for street purposes.
Worker means any person whose duties cause his presence in the right-of-way.
(a)
No person shall perform any work within the right-of-way until he is properly equipped with protective devices.
(b)
Any person violating any of the provisions of this section shall be guilty of a misdemeanor and punishable as
set forth in subsection 1-7 of this code.
(c)
Following are a list of circumstances relative to the use of orange vests and/or orange shirts:
1)
According to the City Code, orange shirts are acceptable for daytime use providing the color is still
bright and crisp. It is up to each supervisor to determine whether the color is still appropriate or not.
2)
Orange shirts are not recommended for those who are qualified and certified to direct traffic. Those
who have received training to manually direct traffic from the Tempe Police Department are called
Manual Traffic Directors. When directing traffic, orange vests are required for higher visibility.
This also applies to certified flaggers at flagger stations. These persons do not direct traffic
in the roadway. They are off the traveled portion of the roadway, behind barricading and stationary
at an identified flagger station. However, vests and hardhats are required for higher visibility.
3)
Reflectorized vests, that meet ANSI standards, are to be worn when performing any work-related
activity within the public right-of-way during the hours from dusk to dawn (sunset to sunrise). The
current City approved vests meet the current ANSI standards.
(e)
These requirements apply to all persons; City personnel (including the police and fire department),
contractors, utility companies and any subcontractor or employee hired to perform work within public right-of-
way. Keep in mind that public right-of-way includes, not only the roadway itself, but also the sidewalk and
usually 3 feet to 8 feet or more of landscape area behind the sidewalk.
(f)
Just a note for supervisors or foremen who may be visiting a job site for just a few minutes or more, to talk
with fellow coworkers: An orange shirt or vest is required when one exits their vehicle, depending on the time
of day.
18.
Manual Traffic Directors: If your department is in need of manual traffic directors, it is imperative that such training
be made available. Otherwise, the only other approved means for directing traffic is by using a uniformed police
officer, preferably one who is off-duty and has been scheduled to accompany your work. Some examples where
manual traffic directors will be required are as follows:
(a)
To assist in getting construction equipment in and out of a job site adjacent to the traveled portion of the
roadway.
(b)
To direct traffic during a water main break, a hazardous waste spill, or any other emergency.
(c)
May be used in place of police officers that are mandatory whenever manual control of traffic is necessary
and such control cannot be done by flaggers from the edge of the roadway.
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19.
Traffic Operations on Roadways/Thoroughfares: Any and all work carried out on adjacent roadways and
thoroughfares will use the appropriate traffic barricading as set forth in the City of Phoenix TRAFFIC BARRICADE
MANUAL published by the Street Transportation Department as adopted by the City of Tempe. Any and all pruning
operations must comply with the safety standards set forth in ANSI 133. 1. All traffic control and lane closures shall
be presented as a written plan to City of Tempe Traffic Engineering (480-350-8219) of the Transportation Division.
Short term operations are allowed under Chapter 9 of the City of Phoenix Traffic Barricade Manual; however, the
City of Tempe has revised this policy to allow for short duration work up to thirty (30) minutes.
Non-compliance of any safety or related items within this Contract will result in a deficiency of performance
deduction of a minimum of $100 from the City payment made to the Contractor.
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Scope of Work
The City of Tempe is issuing this Request for Proposal to establish three-year contracts with three one-year renewal
options for ‘Trade Services’ as required for routine repair, maintenance and minor upgrading of City facilities, or to
properties as requested by the City. The scope of resulting contracts does not cover ‘construction’ as defined by City
Procurement Code –§ 26A-1.
Construction means the process of building, altering, repairing, improving or demolishing any public structure of
building, or other public improvements of any kind to any public real property. Construction does not include the
routine operation, routine repair or routine maintenance of existing structures, buildings or real property.
Procurement responsibility for construction and related architectural and engineering services are delegated to
the director directing the activities of the public works department and set apart from the procurement of goods
and services.
The services requested in this Request for Proposal will be used, when necessary, to supplement the City's work force or
to perform work for which the City does not have appropriate personnel. These services are performed on a daily basis
and usage of the contracts is expected to be frequent – projected spending for resulting contracts are expected to approach
$5,000,000 annually.
The City of Tempe intends to award approximately three contractors for each Trade Services group. The City reserves
the right to award a single contractor or multiple contractors in any group.
All work is expected to meet or exceed industry standards.
Job Quote
The City will require a detailed quote from vendors when a job is requested. This quote shall include all labor hours, cost
of materials (included any markups) and estimated time for completion of work - the cost for labor and markup for materials
shall not exceed those quoted in this RFP. The utilizing department will evaluate the quotes obtained from awarded
vendors within the applicable Trade Services group and award to the firm presenting the lowest cost that is in compliance
with job specifications and specified completion time.
Billing
All billed services shall not exceed rates established by this offer and resulting contract. Hourly rates submitted in your
bid shall be inclusive. Quoted pricing must contain all costs including, but not limited to, standard equipment and tools
generally associated with the trade group, handling, billing, delivery, hazardous materials fee, travel time, wait time,
etc., for work at locations within the City of Tempe, or in close proximity to the city borders. The City will not pay fuel
surcharges.
All billing invoices must show, at a minimum:
•
Breakdown of labor hours by trade and rate (calculated for regular, OT, etc.) – rates cannot exceed bid pricing
•
A brief description of job
•
Substantiation of work time on site (City will not pay travel or wait time and other expenses detailed in this RFP)
•
Backup for cost of materials – markup cannot exceed bid quoted percentage
Expenses for permits and inspections required by the City shall be billed at actual cost.
Any required parts and materials shall be billed at Contractor’s cost plus the markup included in the bid. If the Contractor
obtains parts and materials from a source in which the Contractor has a direct or indirect interest, no additional markup shall
be billed.
Provide a copy of a billing invoice with your submittal – the committee will review to ensure compliance with inclusion of
required information.
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Licensing
All contractors must have the appropriate Arizona Contractor’s Licenses for each Trade Group for which they submit an
offer.
License must be active and current by the due date of this Request for Proposal.
A copy of each license must be submitted with response.
Permits
Contractor must secure all permits required by the City prior to the commencement of work.
Background Investigations
Prior to work at some facility, Contractor’s employees may be required to pass a background investigation – including
fingerprinting, state and federal criminal records checks potentially including, driver’s license record, current warrants check,
current/past credit history check from all three credit national bureaus, and substance abuse screening.
Workmanship
All work shall be completed in a high quality, workman-like manner as recognized in the trade industry and by the published
Standards of Arizona Register of Contractors. Incomplete and unprofessional work will not be paid for until all deficiencies
are corrected, inspected and approved by the City. If a contractor does not comply and correct all deficiencies according
to Industry Standards, they will not receive any future work under this contract.
Warranty
The City prefers that all workmanship be warranted for a minimum of two-years.
Codes
All trades must comply with current applicable codes.
All applicable OSHA regulations must be followed.
All plumbing shall be in accordance to the International Association of Plumbing and Mechanical Officials Uniform Plumbing
Code.
All electrical shall be in accordance to the National Electrical Code of the National Fire Protection Association.
Storage
When necessary, the contractor(s) must provide storage facilities for all materials and/or equipment to be used in the work.
Any portion of the right-of-way and easements not required for public travel may be used for storage purposes when
approved by the ordering City department.
Materials furnished by the City
The City may choose to supply needed materials, in part or in total, to reduce costs.
Materials furnished by the City of Tempe will be delivered, or made available, to the contractor(s) when necessary. The
contractor(s) will be held responsible for all materials and/or equipment accepted by them and will make good any shortages,
deficiencies or damages which may occur after such acceptance.
Subcontractors
If the contractor intends to subcontract any portion of this contract, the Contractor must identify the subcontractor by firm
name, address, contract person, telephone number and project function.
RFP# 22-001 Trade Services
25 | Page
The contractor may not assign this contract or subcontract to another party for performance of the terms and conditions
hereof without the written consent of the City of Tempe.
The subcontractor’s rate for the job shall not exceed that of the Prime Contractor’s rate, as proposed in the pricing section,
unless the Prime Contractor is willing to absorb any higher rates. The Subcontractor’s invoice shall be invoiced directly to
the Prime Contractor, who in turn shall pass through the costs to the City, without mark-up. A copy of the Subcontractor’s
invoice must accompany the Prime Contractor’s invoice.
Contractor's Responsibility for Work
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.
Methods and Equipment
The contractor(s) shall at all times, employ sufficient labor and equipment for completing the classes of work requested in
the RFP to full completion in the manner and time required by the specifications.
All assigned workers shall be competent and have sufficient skill, knowledge and experience in the class of work and in the
operation of equipment/tools required to perform all work properly and satisfactory.
Any employee assigned by the contractor(s) or any sub-contractor(s), who, in the opinion of the City of Tempe ordering
department, does not perform their work in a proper and skillful manner, or is intemperate or disorderly, shall, at the written
request of the City of Tempe, be removed from the work by the contractor(s) or sub-contractor(s) employing such persons.
These persons shall not be assigned again in any City work without prior written approval by the City of Tempe. The
contractor(s), or sub-contractor(s), shall hold the City of Tempe harmless from damages or claims for compensation that
may occur in the enforcement, of this section. All persons employed under this contract must read and understand the
English language.
All equipment that is proposed to be used on the job shall be of sufficient size and in such mechanical condition as to meet
the requirements of this work and to produce a safe and satisfactory quality of work. Equipment used on any portion of the
project shall be such that it will not damage property adjacent to this work area.
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 certificates.pe of Work
“Return this Section with your Response”
RFP# 22-001 Trade Services
26 | Page
Specifications
Listing of Trade Services Groups
Following is a listing of the Trade Services Groups for which the City intends to establish contracts. Please place an X in
the boxes for which you intend to submit your pricing proposal and indicate the appropriate AROC License Numbers.
Group
Description
Submitting
for this
Group
AROC License
Number(s)
1
Asphalt Patch and Repairs (small jobs only)
2
Bird Control
3
Building Envelope Sealing
4
Concrete: Repair, Sealing and Polishing
5
Doors and Gates: Repairs, Maintenance, New; Access controls
6
Electrical - General
7
Electrical - Emergency Power
8
Electrical - High Voltage
9
Fencing (wooden, new, repair, temporary)
10
Flooring: Tile, Terrazzo and Marble Repairs, including Re-
grouting; Wooden floors (including gym) – new, repair, refinish.
Carpet, new installation
11
General Carpentry & Repair Work (non-construction)
12
Glazier
13
Hauling and Backhoe (skid steer) Services
14
Herbicides and Weed Control
15
HVAC; Maintenance and Repair, New install
16
Job Site Cleanup
17
Landscape, Irrigation and Drip System Maintenance and
Repairs
18
Lighting Installation
19
Masonry - Repair and Maintenance (block wall repair)
20
Metal/Plastic Assembly Fabrication Services
21
Painting, Coatings, Wall coverings & Repair
22
Plumbing
23
Pressure Washing - Exterior
24
Restoration/Rehabilitations of Historic Buildings or Structures
25
Rodent Control (mice, roof rats, sewer rats)
26
Roofing Repair Work
27
Small Engine – Tool Repair (weed eater, chainsaws, blower,
lawnmower, electrical and gas, etc.)
28
Solar Panel Inspection, Maintenance, Repair
29
Storage / Temporary Storage Units
30
Water Remediation and Repairs
“Return this Section with your Response”
RFP# 22-001 Trade Services
27 | Page
31
Welding & Fabricating
32
Window Cleaning Services
33
Window Tinting (Exterior / Interior) and Exterior Window
Coverings
34
Window Treatments (Interior) Covering and Room Dividers,
Blinds
The below specifications are illustrative of the services to be required for each Trade Group and are not meant to be all
inclusive of every service.
Pricing
Quoted pricing must contain all charges including, but not limited to, standard equipment and tools generally associated
with the trade group handling, billing, delivery, hazardous materials fee, travel time, wait time, etc., for work at locations
within the City of Tempe, or in close proximity to the city borders. The City will not pay fuel surcharges.
The pricing sheets are ‘generic’ in nature and may request information that is not applicable to the services you offer. Please
complete as much information as necessary for your firm.
Submission of Offer
You only need to return the Pricing & Specifications pages for which you are offering in addition to the requirements noted
on page 69 with your proposal.
RFP# 22-001 Trade Services
28 | Page
Pricing & Specifications
Trade Services - Group Pricing
Group 1 – Asphalt Patch and Repairs (small jobs only)
This group is for routine repairs and maintenance of asphalt surfaces.
Return this Section with your Response only if you are offering these services
Service Offered
Minimum size of repair
you will perform
Pricing – Asphalt Repairs (small jobs only)
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Markup on direct cost of parts and materials
%
Other Services Offered
Service with fixed fee structure
Cost
Unit
$
$
$
$
$
$
RFP# 22-001 Trade Services
29 | Page
Group 2 – Bird Control
Return this Section with your Response only if you are offering these services
For this category the City is seeking contractors to provide bird control netting and spikes to the exterior portions of
buildings or structures.
Pricing – Bird Control
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Markup on direct cost of parts and materials
%
Parts (netting, etc) Discounts Offered
Manufacturer
Discount Offered
%
%
%
%
%
%
Other Services Offered
Service with fixed fee structure
Cost
Unit
Bird netting per square foot
$
Bird spikes per linear foot
$
$
$
$
$
RFP# 22-001 Trade Services
30 | Page
Group 3 – Building Envelope Sealing
Return this Section with your Response only if you are offering these services
Pricing – Building Envelope Sealing
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Markup on direct cost of parts and materials
%
Parts Discounts Offered
Manufacturer
Discount Offered
%
%
%
%
%
%
Firms shall indicate the type of building envelope sealing serivces they can provide
Describe sealing services offered
Service with fixed fee structure
Cost
Unit
$
$
$
$
$
$
RFP# 22-001 Trade Services
31 | Page
Group 4 – Concrete: Repair, Sealing and Polishing
Return this Section with your Response only if you are offering these services
Coating, sealing, waterproofing, crack repair, expansion joint repair & grinding.
Pricing – Concrete Repair, Sealing, Polishing
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Markup on direct cost of parts and materials
%
Parts Discounts Offered
Manufacturer
Discount Offered
%
%
%
%
%
%
Other Services Offered
Service with fixed fee structure
Cost
Unit
$
$
$
$
$
$
RFP# 22-001 Trade Services
32 | Page
Group 5 – Doors and Gates: Repairs, Maintenance, New; Access controls
Return this Section with your Response only if you are offering these services
Installation, repair, and maintenance of all types of doors, automatic or security access doors, gates and overhead
doors.
Section
Submitting for
this Section
(yes/no)
Install Doors
Automatic doors – install and repair
Automatic gates – install and repair
Low energy ADA doors
Overhead doors – install, repairs and routine maintenance
Pricing – Doors & Gates
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Markup on direct cost of parts and materials
%
Parts Discounts Offered
Manufacturer
Discount Offered
%
%
%
%
%
%
Other Services Offered
Service with fixed fee structure
Cost
Unit
$
$
$
$
$
$
RFP# 22-001 Trade Services
33 | Page
Group 6 – Electrical – General
Return this Section with your Response only if you are offering these services
Maintain/repair/replace/install electrical wiring, switches, receptacles, fixtures, motors, panel boards, branch circuit
breakers/main disconnects & other power control devices, etc., in 110v, 120v, 208v, 220v, 240v, 480v, 2 and 3
phase work as needed. Diagnosis/correct electrical overloads or other unsafe conditions. Test circuits for continuity
and proper load balance. Other maintenance/repairs/replacements/installations of equipment of a general nature.
All work must be performed in strict accordance to the latest edition of the National Electrical Code by a licensed
electrician.
Pricing – Electrical - General
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Markup on direct cost of parts and materials
%
Parts Discounts Offered
Manufacturer
Discount Offered
%
%
%
%
%
%
Other Services Offered
Service with fixed fee structure
Cost
Unit
$
$
$
$
$
$
RFP# 22-001 Trade Services
34 | Page
Group 7 – Electrical – Emergency Power
Return this Section with your Response only if you are offering these services
Provide power for onsite emergency situations, power outages, emergency power and connection services.
May be portable lighting, back up lighting, generators, etc.
All work must be performed in strict accordance to the latest edition of the National Electrical Code by a licensed
electrician.
Pricing – Electrical – Emergency Power
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Markup on direct cost of parts and materials
%
Equipment Discounts Offered for Lighting assemblies
Manufacturer
Discount Offered
%
%
%
Equipment Discounts Offered for Generators
Manufacturer
Discount Offered
%
%
%
Other Services Offered
Service with fixed fee structure
Cost
Unit
$
$
$
$
$
$
RFP# 22-001 Trade Services
35 | Page
Group 8 - Electrical - High Voltage
Return this Section with your Response only if you are offering these services
Awarded contractor must be able to support extensive communication structures. Contractor shall be able to bend
large pipe, install large conductors with A/C and D/C voltages exceeding 480 volts.
Must be fully capable of working in right of way and have traffic control and barricade plan.
Pricing – Electrical (High Voltage)
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Markup on direct cost of parts and materials
%
Parts Discounts Offered
Manufacturer
Discount Offered
%
%
%
%
%
%
Other Services Offered
Service with fixed fee structure
Cost
Unit
$
$
$
$
$
$
RFP# 22-001 Trade Services
36 | Page
Group 9 – Fencing (wooden, new, repair, temporary)
Return this Section with your Response only if you are offering these services
Installation, repair of permanent / temporary fencing needs.
(see Group #19 for Masonry Repairs and Maintenance for block wall)
Pricing – Fencing (wooden, new, repair, temporary)
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Markup on direct cost of parts and materials
%
Available Products
List all manufacturers for which you offer produces and available discount – list all manufacturers even if no
discount is offered
Parts Discounts Offered
Manufacturer
Discount Offered
%
%
%
%
%
%
%
%
%
%
RFP# 22-001 Trade Services
37 | Page
Group 10 – Flooring: Tile, Terrazzo and Marble Repairs, including Re-grouting; Wooden floors (including gym) –
new, repair, refinish. Carpet, new installation / cleaning*. (specifically state which types of flooring you are bidding)
Return this Section with your Response only if you are offering these services
Installs ceramic tile, terrazzo and/or marble using construction industry standards for various applications, i.e. thin
set adhesives, cement grout beds, epoxy setting methods, etc. Examine specifications and drawings to determine
dimensions of structures, lay out functional components using measuring instruments such as tapes, levels,
squares, etc.
Pricing – Tile, Terrazzo and Marble Repairs – including Re-grouting, Wooden floors (including
gym) (new/refinish/repair); Carpet, new installation/cleaning (see flooring selection options
below)
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Markup on direct cost of parts and materials
%
Parts Discounts Offered
Manufacturer
Discount Offered
%
%
%
%
%
%
Other Services Offered
Service with fixed fee structure
Cost
Unit
$
$
$
$
$
$
Types Of Flooring
Flooring, new, repair, refinish
Submitting for
this type of
flooring
Tile, Marble
Terrazzo
Wooden
Carpet
Gym Flooring
*This cleaning is not intended for daily, weekly custodial cleaning. This is cleaning of job site after new installation, repair, refinish and
maintenance of flooring.
RFP# 22-001 Trade Services
38 | Page
Group 11 – General Carpentry & Repair Work (non-construction)
Return this Section with your Response only if you are offering these services
Removal and replacement of wood and metal doors; removal, replacement, or repair of indoor and outdoor trim and
moldings; rough carpentry/framing of partitions with wood/metal studs; detail and finish work; decks and railings,
etc. Small office renovations and other building repairs of a general nature. Installation and repair of acoustical
ceiling tiles and wall panels.
Pricing – General Carpentry & Repair Work
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Markup on direct cost of parts and materials
%
Other Services Offered
Service with fixed fee structure
Cost
Unit
$
$
$
$
$
$
RFP# 22-001 Trade Services
39 | Page
Group 12 - Glazier
Return this Section with your Response only if you are offering these services
Installation of glass doors, windows and store fronts. Marks outline or pattern on glass and cuts glass using
glasscutter. Breaks off excess glass by hand or with notched tool. Fastens glass panes into wood or metal sash
with glazier’s points and spreads smooth putty or sealant around edge of panes to seal joint. Installs mirrors or
structural glass on building fronts, wall ceilings or tales using mastic, screws, or decorative molding. Bolts metal
hinges, handles, locks or other prefabricated glasses doors or windows. Sets glass doors into frame and fits hinges.
May press plastic adhesive film to glass with tinting solution to prevent light glare. May install stained glass, shower
panels or doors.
Pricing – Glazier
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Markup on direct cost of parts and materials
%
Other Services Offered
Service with fixed fee structure
Cost
Unit
$
$
$
$
$
$
RFP# 22-001 Trade Services
40 | Page
Group 13 – Hauling and Backhoe (skid steer) Services
Return this Section with your Response only if you are offering these services
All hourly rates must include equipment, operator, mileage, mobilization fees, etc.
Jobs under this group are expected to be smaller jobs. For example, movement of sand from one location to
another.
Pricing – Hauling and Backhoe (skid steer) Services
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Markup on direct cost of parts and materials
%
Specified Services
Service
Cost
Unit
Backhoe
Hour
Skid Steer
Hour
Mini Excavator
Hour
Screener
Hour
Dump Truck – 0 to 5 CY
Hour
Dump Truck – 6 to 10 CY
Hour
Dump Truck – Over 10 CY
Hour
Other Services Offered
Service with fixed fee structure
Cost
Unit
$
$
$
$
$
$
$
$
$
RFP# 22-001 Trade Services
41 | Page
Group 14 – Herbicides and Weed Control
Return this Section with your Response only if you are offering these services
Application of herbicides, to control weed growth, on rights-of-way and/or storm drainage easements. Must apply
herbicide per manufacturer’s specifications. All herbicide applications shall be inspected by a City representative
to determine successfulness of the application. All herbicide applications shall be visually identifiable via spray
indicator dye. Contractor shall use a State of Arizona Commercial Licensed Herbicide Applicator. A copy of the
license must be included with response. Contractor shall have on staff a State of Arizona – Registrar of
Contractors Qualifying Party. A copy of QP license must be submitted with response
Vegetation Management services shall include clearing and grubbing unwanted vegetation, brush mowing, and
stump grinding in City rights-of-way or storm drainage easements. Locations include improved and unimproved
rights-of-way, alleys, vacant lots, drainage easements, retentions basins, City streets, City facilities, and various
associated areas throughout the City.
Contractor shall provide all equipment, materials, supplies, and personnel necessary to provide landscape
maintenance and weed control services. Contractor shall be responsible for compliance with all federal, state, and
local laws, regulations, statutes, codes, permits, etc. Contractor shall follow all City of Tempe, County, State,
Federal, and OSHA rules and regulations pertaining to work being performed.
Pricing – Herbicides and Weed Control
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Markup on direct cost of parts and materials
%
Herbicide Product Costs
Cost
Unit
$
$
$
$
$
$
RFP# 22-001 Trade Services
42 | Page
Group 15 – HVAC; Maintenance and Repair, New, Install
Return this Section with your Response only if you are offering these services
Repair and retrofitting of HVAC equipment (A/C units, coolers, pre-coolers, furnaces, etc.). To include oil and natural
gas burner malfunctions and flameouts, oil valve replacements, repair leaking pipes, repair/replace heat pumps,
duct work repairs, and system diagnostics. Includes Low Temperature Refrigeration repairs and maintenance.
Pricing – HVAC; Maintenance and Repair, New, Install
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Markup on direct cost of parts and materials
%
Parts Discounts Offered
Manufacturer
Discount Offered
%
%
%
%
%
%
Other Services Offered
Service with fixed fee structure
Cost
Unit
$
$
$
$
$
$
RFP# 22-001 Trade Services
43 | Page
Group 16 – Job Site Cleanup
Return this Section with your Response only if you are offering these services
This specialty is specific to cleaning services related to unusual situations and is intended to be used only when
unusual circumstances exist, general clean up might include clean-up of an area after construction type work, etc.
It is expected that all materials typically utilized in these service categories be included in the hourly cost submitted.
Pricing – Job Site Cleanup
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Markup on direct cost of parts and materials
%
Other Services Offered
Service with fixed fee structure
Cost
Unit
$
$
$
$
$
$
RFP# 22-001 Trade Services
44 | Page
Group 17 – Landscape, Irrigation and Drip System Maintenance and Repairs
Return this Section with your Response only if you are offering these services
Pricing – Landscape, Irrigation and Drip System Maintenance and repairs
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Markup on direct cost of parts and materials
%
Parts Discounts Offered
Manufacturer
Discount Offered
%
%
%
%
%
%
Other Services Offered
Service with fixed fee structure
Cost
Unit
$
$
$
$
$
$
RFP# 22-001 Trade Services
45 | Page
Group 18 – Lighting Installation
Return this Section with your Response only if you are offering these services
Installation of City provided lighting fixtures. Pricing is to include labor and, if required, bucket truck.
This work will primarily be for the replacement of street-light assemblies. This category may also provide for the
installation of interior building lighting fixtures. The City will provide the lighting fixtures.
All work must be performed in strict accordance to the latest edition of the National Electrical Code by a licensed
electrician.
Pricing – Light Installation
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Overtime, weekends,
holidays, etc
$
$
$
$
$
Markup on direct cost of parts and materials
%
Other Services Offered
Service with fixed fee structure
Cost
Unit
$
$
$
$
$
$
RFP# 22-001 Trade Services
46 | Page
Group 19 – Masonry - Repairs and Maintenance (including Block Wall)
Return this Section with your Response only if you are offering these services
Repair and finishing of all vertical block, bricks, stucco work used in buildings. Includes block fencing that borders
alleys. Includes pavers. Includes painting, mortar and texturing.
Pricing – Masonry- Repairs and Maintenance (including Block Wall)
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Markup on direct cost of parts and materials
%
Parts Discounts Offered
Manufacturer
Discount Offered
%
%
%
%
%
%
Other Services Offered
Service with fixed fee structure
Cost
Unit
$
$
$
$
$
$
RFP# 22-001 Trade Services
47 | Page
Group 20 – Metal/Plastic Fabrication Services
Return this Section with your Response only if you are offering these services
Fabrication may be based on drawings, duplication of a provide assembly, or from on-site measurements made by
submitting firm.
Category
Submitting For
this Category
Description of Services Offered
Metal Fabrication
Plastic Fabrication
Pricing – Metal/Plastic Fabrication Work
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Markup on direct cost of parts and materials
%
Parts Discounts Offered
Manufacturer
Discount Offered
%
%
%
%
%
%
Other Services Offered
Service with fixed fee structure
Cost
Unit
$
$
$
$
$
$
RFP# 22-001 Trade Services
48 | Page
Group 21 – Painting, Coatings, Wall covering & Repair
Return this Section with your Response only if you are offering these services
Patching, priming and painting of interior and exterior walls/trims/and metalwork, etc. Removal of old paint, rust
removal via sanding, wire-brushing, etc. Repair/replacement of vinyl cove base. Wall preparation for wallcovering.
Removal of existing wallcovering. Patch & size wall, if necessary. Install new wallcovering.
Pricing – Painting/Wallcovering & Repair
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Markup on direct cost of parts and materials
%
Other Services Offered
Service with fixed fee structure
Cost
Unit
$
$
$
$
$
$
RFP# 22-001 Trade Services
49 | Page
Group 22 - Plumbing
Return this Section with your Response only if you are offering these services
Installation, alteration and repair of all piping, fixtures and appliances related to water supply, venting and sanitary
drainage systems. Repair plumbing leaks in toilets, sinks, and piping. Replace plumbing traps. Repair/replace roof
drains. Repair/replace pumps and motors associated with plumbing systems, etc.
Sewer and drain clean out, grease trap pumping and maintenance, interceptor pumping, septic tank pumping sewer
line maintenance, lift station clean out, toilet and urinal cleanout and repair, root treatment, line jetting,
Pricing – Plumbing
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Overtime/Weekends $
$
$
$
$
Holidays $
$
$
$
$
Markup on direct cost of parts and materials
%
Parts Discounts Offered
Manufacturer
Discount Offered
%
%
%
%
%
%
Other Services Offered
Service
Cost
Unit
RFP# 22-001 Trade Services
50 | Page
Group 23 – Pressure Washing - Exterior
Return this Section with your Response only if you are offering these services
Pressure washing may include street, sidewalk, exterior building facades, garbage enclosures, etc.
Pricing – Pressure Washing - Exterior
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Weekend Hours
$
$
$
$
$
Markup on direct cost of parts and materials
%
Other Services Offered
Service with fixed fee structure
Cost
Unit
$
$
$
$
$
$
RFP# 22-001 Trade Services
51 | Page
Group 24 – Restoration / Rehabilitation of Historic Buildings or Structures
Return this Section with your Response only if you are offering these services
Firms must possess a thorough knowledge of the requirement pertaining to repair and maintenance work
on historic buildings. A contractor applying in this group must be able to provide evidence of their
qualification to meet the stringent requirements for repair and maintenance of historic buildings.
•
The Standards are to be applied to specific rehabilitation projects in a reasonable manner, taking into
consideration economic and technical feasibility.
•
A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the
defining characteristics of the building and its site and environment.
•
The historic character of a property shall be retained and preserved. The removal of historic materials or
alteration of features and spaces that characterize a property shall be avoided.
•
Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false
sense of historical development, such as adding conjectural features or architectural elements from other
buildings, shall not be undertaken.
•
Most properties change over time; those changes that have acquired historic significance in their own right shall
be retained and preserved.
•
Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a
property shall be preserved.
•
Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires
replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other
visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by
documentary, physical, or pictorial evidence.
•
Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be
used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
•
Significant archaeological resources affected by a project shall be protected and preserved. If such resources
must be disturbed, mitigation measures shall be undertaken.
Pricing – Restoration / Rehabilitation of Historic Buildings or Structures
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Markup on direct cost of parts and materials
%
Other Services Offered
Service with fixed fee structure
Cost
Unit
$
$
$
$
$
$
RFP# 22-001 Trade Services
52 | Page
Group 25 – Rodent Control (mice, roof rats, sewer rats)
Return this Section with your Response only if you are offering these services
Pricing – Rodent Control (mice, roof rats, sewer rats)
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Weekends/Overtime
$
$
$
$
$
Markup on direct cost of parts and materials
%
Other Services Offered
Service with fixed fee structure
Cost
Unit
$
$
$
$
$
$
RFP# 22-001 Trade Services
53 | Page
Group 26 – Roofing Repair Work
Return this Section with your Response only if you are offering these services
Repair and finishing of tiles, composition, rolled, built-up and membrane systems. To include underlayment and
support repairs. Maximum response time of 24 hours required.
Additionally, pricing is being requested for analysis of roofing problems to determine cause of leak and extend of
repairs.
Pricing – Roofing Repair Work
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Overtime Rate $
$
$
$
$
Markup on direct cost of parts and materials
%
Roofing Analysis
Cost
Unit
Thermal Testing
$
Testing for Leaks
$
Other available services for analysis
$
$
$
$
$
$
Parts Discounts Offered
Manufacturer
Discount Offered
%
%
%
%
%
%
Other Services Offered
Service with fixed fee structure
Cost
Unit
$
$
$
$
$
$
RFP# 22-001 Trade Services
54 | Page
Group 27 – Small Engine – Tool Repair (weed eater, chainsaws, blower, lawnmower, electrical and gas, etc.)
Return this Section with your Response only if you are offering these services
Repairs include small engine items like weed eater, chainsaws, lawnmowers, leaf blowers (electrical and gas)
Pricing – Small Engine / Tool Repair
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Markup on direct cost of parts and materials
%
Parts Discounts Offered
Manufacturer
Discount Offered
%
%
%
%
%
%
Other Services Offered
Service
Cost
Unit
RFP# 22-001 Trade Services
55 | Page
Group 28 – Solar Panel Systems - Inspection, Maintenance and Repair
Return this Section with your Response only if you are offering these services
The City of Tempe, coupled with The City of Mesa are seeking contractors to inspect, maintain, and repair existing
City-owned solar panel systems.
City of Tempe Systems
•
Fire Station 7 – 8607 S. McClintock - Date installed: 12/1/2019
o
Solar carport, behind fire station; fixed mount
o
21.46 kW DC
o
Panels are Solarworld SWA 295; 233.6 Watt modules (48)
o
Inverter is Fronius Symo
•
East Valley Bus & Operations Maintenance Facility (EVBOM) – 2050 W Rio Salado Parkway – Date
installed: 2/1/2013
o
Solar structure/roof above EVBOM guard shack
o
13 kW DC
o
Kyocera 245W panels
o
Inverter type unknown
•
Tempe Beach Park – 80 W. Rio Salado Parkway - Date installed: 4/1/2011
o
Solar structure/ ramada over picnic area, next to baseball field
o
10kW DC
o
Microinverters are attached to solar panels; solar panels & microinverter types unknown
o
system is currently not working
City of Mesa Systems
•
7808 E. Brown Rd. Date installed: 6/14/2011
o
Solfocus was originally designed as a site to test cutting-edge photovoltaic technologies. There
are six tracking arrays and four static arrays outfitted with Solfocus 850 W/m2 DNI, 20°C
Ambient, on-sun panels that total 60 kW. The arrays are ground-mounted in a field adjacent to
Red Mountain Softball Complex.
•
Fire Station 219 – 3361 S. Signal Butte Rd. Date installed: 5/30/2012
o
Fire Station 219’s roof-mounted array is the smallest in the City - 5 kW. The system is currently
not producing kWh and will require repair and ongoing maintenance.
•
Fire Station 220 – 32 S. 58th St. Date installed: 10/1/2012
o
Fire Station 220’s has a roof-mounted 20 kW array and has been the City’s most reliable system
since its installation in 2013. The system currently only requires preventative maintenance.
•
Household Hazardous Materials Facility – 2412 N. Center St. Date installed: 9/1/2018
o
The Household Hazardous Materials Facility is roof-mounted 18.2 kW array and is the City’s most
recent installation. The system currently only requires preventative maintenance.
RFP# 22-001 Trade Services
56 | Page
Group 28 – Solar Panel Systems - Inspection, Maintenance and Repair (continued)
Return this Section with your Response only if you are offering these services
Pricing – Labor hour – Solar Panel Systems - Inspection / Maintenance and Repair
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Markup on direct cost of parts and materials
%
Other Services Offered
Service with fixed fee structure to include inspection of
solar system if capable of pricing on flat rate per
system.
Cost
Unit
$
$
$
$
$
$
Please State the Recommended Inspection
Frequency
(monthly, quarterly, semi-annually, etc)
RFP# 22-001 Trade Services
57 | Page
Group 29 – Storage / Temporary Storage Units
Return this Section with your Response only if you are offering these services
Temporary storage units delivered to City property. All temporary storage units must have ability to be locked and
secured. Some leveling of the unit may be required as needed.
Offsite commercial storage facilities may be considered.
Pricing – Labor Rate (pick up – delivery) temporary units
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Markup on direct cost of parts and materials
%
Sizes and Cost of delivered temporary storage unit
Indicate size (L x W x H)
Daily Cost
Weekly
Cost
Monthly
Cost
Purchase
Cost
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Sizes and Cost of offsite commercial storage unit
Indicate size (L x W x H)
Monthly Cost
Location
$
$
$
$
$
$
RFP# 22-001 Trade Services
58 | Page
Group 30 – Water Remediation and Repairs
Return this Section with your Response only if you are offering these services
This group provides for clean-up from water damage. Some of the requested services are to include:
24-hour emergency response
Water extraction
Water dehumidification
Deodorization
Removal of debris
Pricing – Water Remediation and Repairs
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Weekend/Overtime $
$
$
$
$
Holidays $
$
$
$
$
Markup on direct cost of parts and materials
%
Other Services Offered
Service with fixed fee structure
Cost
Unit
Mobilization
$
$
$
$
$
$
$
$
$
RFP# 22-001 Trade Services
59 | Page
Group 31 – Welding & Fabricating
Return this Section with your Response only if you are offering these services
The performance of welding techniques by the use of processes common to the industry, including general on-site
job layout, cutting, and assembly.
Pricing – Welding & Fabricating
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Markup on direct cost of parts and materials
%
Other Services Offered
Service with fixed fee structure
Cost
Unit
$
$
$
$
$
$
RFP# 22-001 Trade Services
60 | Page
Group 32 – Window Cleaning Services
Return this Section with your Response only if you are offering these services
Interior and exterior window cleaning services. Will include multi story buildings.
Pricing – Window Cleaning Services
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Markup on direct cost of parts and materials
%
Other Services Offered
Service with fixed fee structure
Cost
Unit
$
$
$
$
$
$
RFP# 22-001 Trade Services
61 | Page
Group 33 – Window Tinting (Exterior / Interior) and Exterior Window Coverings
Return this Section with your Response only if you are offering these services
Installation, repair and supply of all light/heat control tinting and coverings.
The City goals are:
Filter, diffuse or block light
Reduce solar heat gain
Reduce glare
Filter or block UV rays (specify what percent of blockage)
Block solar energy
Increase energy efficiency
Pricing – Window Tinting (Exterior / Interior) and Exterior Window Coverings
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Markup on direct cost of parts and materials
%
Available Products
List all manufacturers for which you offer produces and available discount – list all manufacturers even if no
discount is offered
Discounts Offered
Manufacturer
Discount Offered
%
%
%
%
%
%
%
%
%
%
Other Services Offered
Cost
Unit
$
$
$
$
$
$
RFP# 22-001 Trade Services
62 | Page
Group 34 – Window Treatments (Interior) Covering and Room Dividers, Blinds
Return this Section with your Response only if you are offering these services
Installation, repair and supply of interior window treatments and dividers.
This category may include interior window tinting, blinds, drapes, etc.
Pricing – Window Treatments (Interior) Covering and Room Dividers, Blinds
Provide your firms job title(s) and hourly rate(s) below
Weekdays- Straight
Time
$
$
$
$
$
Markup on direct cost of parts and materials
%
Available Products
List all manufacturers for which you offer products and available discount – list all manufacturers even if no
discount is offered.
Parts Discounts Offered
Manufacturer
Discount Offered
%
%
%
%
%
%
%
%
%
%
Other Services Offered
Service with fixed fee structure
Cost
Unit
$
$
$
$
$
$
“Return this Section with your Response”
RFP# 22-001 Trade Services
63 | Page
* Applicable Tax %
* 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:
Yesenia Loredo-Flores
Letters A – H and Numbers
Carlene Foster
Letters I – Z
Vacant
General AP Inquiries and AP Checks
“Return this Section with your Response”
RFP# 22-001 Trade Services
64 | 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 that will provide
services to the City of Tempe.
2
Describe your company and its history – include
years in business. Please include your current
capacity and your firm’s staffing strategy to
support the City of Tempe.
3
Please provide contact information for the primary
account representative and a backup contact for
the City of Tempe.
• Contact Name
• Phone Number
• Cell Phone Number
• e-mail address
Some suppliers provided more pricing on services and
additional categories than what we asked for – what do
we put on contract? Evaluation committee discussion
Provide contact information below
4
Can you provide services to the City 24-hour per
day?
Noted on spreadsheet
a
If so, provide your 24-hour phone number.
5
Please ensure you have completed the List of
Group Categories found on page 26 and 27 with
your valid, State of Arizona contractors’ licenses
applicable to each Trade Group. A copy of each
license must be included with your response.
Do we want an office admin to call and validate these
licenses (are they in good standing, not just active?)
6
If submitting for repair and maintenance of historic
buildings and structures – provide complete
information about your specialization in this area
and the procedures you would follow to ensure
compliance with guideline in this area.
Charlie – we need someone from the City that knows
historic buildings to participate on this category
7
Do you intend to utilize sub-contractors?
Noted on spreadsheet
a
If yes, provide name and contract information
to right
8
Will you comply with or exceed the two-year
warranty provision as requested by the City?
a
What warranty will you provide?
9
Do you agree to the Terms and Conditions of this
RFP?
Noted on spreadsheet
a
If No, explain to right
10
List
three
(3)
governmental
or
corporate
references for which you currently provide similar
services.
• Organization/Firm Name
• Contact Name
• Phone Number
• Brief description of work preformed
Provide Reference Information Below
11
Describe the experience your firm has in
providing the trade service groups being offered.
12
Indicate your workers compensation experience
modifier (E-Mod). Provide E-Mod rate for the
most recent three (3) years.
“Return this Section with your Response”
RFP# 22-001 Trade Services
65 | Page
13
Discuss your methodology in maintaining a safe
work environment.
14
Describe your quality control process.
RFP# 22-001 Trade Services
66 | 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.
Cost (labor, Parts, Discounts, Other)
30
X
_____
=
______
2.
Firm (Qualifications, Experience, Licensing, References, etc.)
35
X
_____
=
______
3.
General (Warranty offered, satisfactory billing statement, E-Mod
factors)
25
X
_____
=
______
4.
Overall response to RFP (Quality, Composition and Completeness of
response, Acceptance of Terms & Conditions)
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
3 - 5
Poor
1 - 2
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# 22-001 Trade Services
67 | 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:
Company Purchase Order Mailing Address:
Street Address:
City, State, Zip:
Contact Person:
Phone Number:
E-mail Address:
Cell Number:
Remit to Information
Company Name (as it appears on invoice):
Company Payment Remit to Address:
Street Address:
City, State, Zip:
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
Will your company accept Payment via ACH (Automated Clearing House) for payment?
Yes
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.
Signature of Authorized Offer
Date
Print or Type Name of Authorized Individual
Title of Authorized Individual
RFP# 22-001 Trade Services
68 | 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;
_____
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
RFP# 22-001 Trade Services
69 | 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
_____ I hereby certify _________________________________ (contractor/vendor) to be in compliance with
Tempe City Code Chapter 2 Article VIII Section 2-603(5).
____________________________________
Date: _____________________
Signature
____________________________________
__________________________
Print Name
Title
____________________________________
Company
RFP# 22-001 Trade Services
70 | Page
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.
2.
What is your company doing to be more energy efficient?
3.
What is your company doing to reduce greenhouse gas
emissions?
4.
What is your company doing to reduce waste transferred to
landfills?
5.
What is your company doing to reduce water waste?
6.
What kind of effort does your company make to reduce the use of
environmentally harmful materials (such as cleaning products,
etc.)?
7.
Does your company take any actions to manage the sustainability
of your supply chain? If yes, please explain.
8.
Has your company received any environmental or sustainability
related independent certifications or recognitions? If yes, please
explain.
RFP# 22-001 Trade Services
71 | Page
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
Item
Question
Response
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
2.
Can the product being offered be refurbished, recycled, or
composted at the end of its life? If yes, please elaborate
3.
Does the product being offered include any recycled materials? If
yes, please explain.
4.
What measures have been taken to reduce unnecessary
packaging materials associated with the product being offered?
5.
What kind of reusable, recyclable, and/or compostable packaging
materials does your company use?
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.
7.
Please provide any additional information you would like to share
regarding your product’s sustainable attributes.
RFP# 22-001 Trade Services
72 | Page
Checklist for Submittal
The following checklist has been provided to assist you in submission of your offer.
This list should not be considered complete, other information or documents may be necessary as part of your submission.
The items listed are the primary documents and information that must be completed and/or included with your proposal.
Please include any additional information or documents that will clarify your submittals.
This document has been issued in Word format to allow the responding firm the ability to provide requested information,
answer questions and provide pricing within the actual document.
Description
Included
√
1.
One signed and completed copy of the Proposal response – only
sections marked “Return this Section with your Response” are
required but you may include supplemental materials you believe
necessary to clarify your submittal.
a.
Signed and Completed Vendor’s Offer Form
2.
Due to the COVID Virus, please submit a single e-copy of the signed
and completed proposal. The City’s e-mail is capable of accepting
up to a 10MB attachment. Please try and keep the proposal under
this size limit. However, if you need to exceed 10MB, please break
the proposal up into two sections and e-mail in two separate
messages clearly indicating the solicitation number on the subject
line and denoting Part 1 and Part 2 response. We will be unable to
accept any hard copies of the proposal so please e-mail the
response as noted above.
3.
Proposal Questionnaire
4.
Specification – List of Trade Services Groups and ROC Numbers
5.
Copies of ROC’s
6.
Pricing and Specifications Section
7.
If company has 14 or less employees include a signed and
completed Affidavit of Compliance with Tempe City Code Chapter 2
Article VII Section 2-603(5) (form attached)
8.
If company has 15 or more employees include a copy of its anti-
discrimination policy
9.
Signed Addenda (if applicable)
10.
Supplier Sustainability Questionnaire
Alert – If you received this solicitation via a third-party plan-holder company and did not
directly download it from the City of Tempe’s Procurement home page you might not
have received any addendums that were published during the bidding period. To ensure
you are notified of addendums it is critical that you download this solicitation from the
City’s web site per the below link:
https://ww2.tempe.gov/bids/
1
City Procurement Office/City of Tempe • PO Box 5002 • 20 East 6th Street • Tempe, AZ 85280 • (480) 350-8324 • www.tempe.gov/procurement
Issue Date:
September 8, 2021
This addendum will modify and/or clarify:
Solicitation No.:
RFP 22-001
and is
Addendum No.:
#1
Procurement Description:
Trade Services
The Proposal Due Date and Opening Time remain unchanged at Septemeber 29, 2021 at 3:00 P.M., (Arizona Local Time).
The City is hereby adding scope to Group 28 – Solar Panel Systems – Inspection, Maintenance and Repair
Adding City of Scottsdale Statement of Work
City of Scottsdale (This addendum contains embedded files)
A. BACKGROUND AND SYSTEMS TO BE REPAIRED AND MAINTAINED
1. Rooftop PV systems
The City owns thirteen solar PV systems located on thirteen separate City buildings.
Fire Station 601
Airport Business Center
WestWorld Restrooms 7
Lost Dog Wash Park Restroom
Fire Station 602
Gateway Trailhead Maintenance
McCormick Railroad Park Model Train Bdg.
Fire Station 608
Doc Cavaliere Park Restroom
Thunderbird Park and Ride
Tom's Thumb Trailhead
Appaloosa Library
The City has caused an initial condition assessment to be performed on twelve of its existing thirteen PV
systems. The results of this assessment are attached as Attachment A. In addition, Attachment B gives
information regarding each system.
2. Solar Street Lighting
The City recently added eight (8) hardscape Road Markers with specialty lighting locating from just north of Thomas
road to just south of Roosevelt Road down the center median of Scottsdale Road in Scottsdale. These include the
lighting in the marker, solar panel, pole and batteries. A photo of the lights is included as Attachment C.
Additional similar lighting may be added in the future.
Addendum to Solicitation
2
3. Solar thermal
The City has one existing non-functional solar thermal system for domestic hot water. It is located at Fire
Station 602, 7522 E. Indian School Road, Scottsdale, AZ 85251.
4. Future Solar Systems
The City is considering adding solar bus stop lighting systems, solar charging stations, solar drinking
fountains and potentially other solar-related systems in the future. Maintenance for these systems may be
added to this scope of work in the future.
B. SCOPE OF WORK
1. Initial Work
Perform a condition assessment for the City PV system located at Thunderbird Park and Ride located at
13665 N. Scottsdale Road, Scottsdale AZ 85254 and provide an Inspection Report within 30 days of
inspection completion.
Repair the City’s thirteen existing PV systems based upon the condition assessment Inspection Reports.
2. On-Going Work
2.1 Annual inspections of PV and/or solar thermal systems:
PV systems –
Physical inspection including:
•
Visual inspection of site and all equipment, including check for shading, debris, tagging, animal
damage, fence damage, evidence of intrusion, corrosion, burn spots, discoloration, vegetation
interference with system operation, hanging wires, etc.
•
Determine if any panels need washing to remove soil, bird droppings, etc.
•
Verify all system grounding connections and continuity of grounding system
•
Check all component connections for tightness; sample check for proper torque
•
Check all overcurrent protection devices
•
Check for proper operation of data acquisition system components (if present)
•
Review entire installation for NEC compliance
•
Verify all labels are still in place and are NEC code-compliant
•
Check for signs of leaks or condensation (hot water systems only)
•
Check all roof penetrations to assure complete seal maintained.
•
Test all switches to assure none are jammed
Inverter testing:
•
Check nominal current and open circuit voltage for each DC string
•
Check total DC current and DC bus voltage for all strings
•
Check AC current and voltage for inverter AC output
•
Check total AC watts produced as read from inverter display. Compare with metered output for
variance
•
Check total DC watts produced as measured or calculated
•
Conduct shutdown/startup test done to assure inverter will timely restart after shutdown
•
Check and clean as necessary all filters; remove any dust from cabinet
•
Verify door interlock operations and closure per manufacturer's specs
•
Verify proper fan/cooling operation (if applicable)
Hot water systems-
•
Verify hot water production and circulation; record temperature output
•
Verify switch operation (Delta T or PV)
•
If monitored, check and record annual production
•
Determine if any breaks in insulation on rooftop, especially at 90' bends
•
Check specific gravity of glycol (if applicable)
3
•
Check panels for pinhole leak indications
•
Determine if any conflicts with recirc system
Contractor shall specifically include the above steps in the annual inspections along with any other steps
necessary to maintenance and retro-commissioning of similar systems. Contractor shall provide a
checklist of such steps in a format similar to that in Attachment D.
2.2 Annual inspection of other systems under contract.
Work will be done pursuant to an approved checklist. This will be charged on a lump sum basis per
system.
2.3 Repair and re-commissioning of systems on an on-going basis
Work will be done pursuant to approved checklist and/or work order. This will be charged at an hourly
basis plus materials.
2.4 On-call repair
This will be charged per approved hourly rates plus materials.
2.5 Reports
An annual Inspection Report shall be provided describing what actions need to be performed to repair
and/or retro-commission each system. The Inspection Report will become the property of the City.
The City expects that the Inspection Report(s) will be provided within 30 days of completion of the
inspection(s).
3. Additional Work
Evaluation and recommendation for installation of web-based monitoring systems on the PV systems.
Such systems should include a real-time dashboard.
The City may choose to install monitoring systems under a separate Work Order under this Contract.
Please ensure that you sign and submit this addendum by the solicitation due date.
The balance of the specifications and bid solicitation instructions to remain the same. Bidders/Proposal Offerors are to
acknowledge receipt and acceptance of this addendum by returning of signed addendum with bid/proposal response. Failure
to sign and return an addendum prior to bid/proposal opening time and date may make the bid/proposal response non-
responsive to that portion of the solicitation as materially affected by the respective addendum.
___________________________________
___________________________________
Name of Company
By – Name and Title (Please Print)
___________________________________
___________________________________
Email Address
Telephone
___________________________________
___________________________________
City State Zip
Authorized Signature
4
City of Scottsdale Attachment A – Existing Solar Systems & Locations
Existing PV
Systems.xlsx
5
City of Scottsdale Attachment B – Individual System Information
Condition Assessments
Please contact the procurement officer if you need the condition assessments. The total file size is 30MBs
An example of the condition assessment is included herein as an embedded file.
Airport Busniness
Center.pdf
McCormick Railroad
Park.pdf
Lost Dog Wash
Park Restrooms.pdf
Gateway Trailhead
Maintenance Buildin
Fire Station 608.pdf Fire Station 602.pdf Fire Station 601.pdf
Cavalliere Park.pdf
Browns Ranch
Trailhead.pdf
Appaloosa
Library.pdf
Westworld
Restrooms.pdf
Tom's Thumb
Trailhead.pdf
6
City of Scottsdale Attachment C – Solar Hardscape
City of Scottsdale Camelback north of Hayden at 78th Street Installation Location
7
City of Scottsdale Attachment D – Sample Inspection Checklist
Standard Scope Of Work
Inspection Items
Service Name
Service Description
Manufacturer-specific recommendations
Perform all manufacturer-specific recommendations to maintain warranty
Ballast block inspection
Inspect ballast blocks, including broken, missing, or improperly installed blocks
Racking equipment inspection
Inspect for oxidation, corrosion, loose bolts/nuts, clamps, parts, etc
Grounding inspection
Inspect grounding
Array inspection
Check the PV modules for damage or debris. Include glass face, frame, cells, j-box, back sheet,
etc. Report any damage to rack and damaged modules for warranty replacement. Note location
and serial number of questionable modules.
Hot-spot inspection
Use infrared camera to inspect for hot spots, bypass diode failure
Module torque inspection
PV module visual inspection and spot torque check
Combiner box physical inspection
Check for water incursion, corrosion damage, debris, rust, or pests.
Combiner box electrical inspection
Open each combiner box and check that no fuses have blown and that all electrical connections
are tight. Inspect cabling, fuse holders, and fuses for discoloration, signs of arcing, damaged
plastic, defects, open circuits, and ground faults. Use an infrared camera to check connections.
Cable inspection
Inspect cabling for signs of cracks, defects, UV damage, pulling out of connections, touching sharp
edges, or being improperly secured; overheating, arcing, short or open circuits, and ground faults.
Use an infrared camera to check connections.
DC disconnect switch inspection
Check proper position of DC disconnect switches. Check for signs of water intrusion, rust, corrosion,
etc.
Electrical box inspection
Inspect electrical boxes for corrosion or intrusion of water or insects. Seal boxes if
required. Check position of disconnect switches and breakers.
AC disconnect box inspection
Verify there are no signs of water intrusion, rust, or mineral deposits. Ensure there is no damage or
potential damage to the breaker panels, including circuit breakers and cable insulation. Use an
infrared camera to check connections.
Protection device inspection
Exercise operation of all protection devices.
Switchgear inspection
Switchgear inspection
Monitoring Instrument inspection
Verify accuracy of monitoring instruments (e.g. anemometer, pyranometers) with
hand-held instruments to ensure that they are operational and within specifications. Also check
mountings and cables for signs of damage or wear.
Racking torque inspection
Inspect racking and spot check for torque specification
Physical inverter inspection
Check conduit fittings, inverter covers, racking and mounting. Inspect inverter
housing or shelter for physical maintenance required if present. Use an infrared camera to check
connections.
Electrical room inspection
Inspect electrical room (if applicable) and note any issues impacting the solar PV
system
Signage and Labeling
Inspect placards and labels to ensure readability, weatherization
Safety inspection
Confirm location and readiness of fire extinguisher, other safety equipment
Service
Combiner box torque check
Spot check connections for torque specification
Clean/replace air filters
Inspect air filters, clean or replace as necessary
Dust cleaning from heat rejection fins
Clean (vacuum) dust from heat rejection fins
Check/replace transient voltage surge
suppress
Check/replace transient voltage surge suppression devices
AC connection torque check
Verify cables and connections inside inverter AC disconnects are not showing
damage and spot torque check
Weather sensor inspection
Verify accuracy of weather sensors and meters
Check/replace dessicant
Check dessicant and replace if necessary
Testing
Module electrical connection testing
PV module electrical connection check
Performance testing
Perform performance test: measure incident sunlight and simultaneously observe temperature and
energy output. Calculate PV module efficiency as a function of temperature and calculate the
balance-of-system efficiency. Compare readings with
diagnostic benchmark (original efficiency of system).
IV-curve testing
Conduct an IV curve traces (specify % of strings)
Overvoltage surge suppressor testing
Test overvoltage surge suppressors in inverter
8
Ground fault tests
Verify that all ground connections to inverters, electrical boxes, conduits, and racking system are
corrosion free, and functioning properly. Spot torque check. Measure currents on ground cables and
test for ground faults.
Site Photos
Take 3-5 nice pictures of the array for the cover photo of the report
City Procurement Office/City of Tempe • PO Box 5002 • 20 East 6th Street • Tempe, AZ 85280 • (480) 350-8324 • www.tempe.gov/procurement
Issue Date:
09/29/2021
This addendum will modify and/or clarify:
Solicitation No.:
22-001
and is
Addendum No.:
#2
Procurement Description:
Trade Services
Please be advised that the due date has changed to October 5, 2021 at 3:00 p.m. (Local Arizona Time).
Please ensure that you sign and submit this addendum by the solicitation due date.
The balance of the specifications and bid solicitation instructions to remain the same. Bidders/Proposal Offerors are to
acknowledge receipt and acceptance of this addendum by returning of signed addendum with bid/proposal response. Failure
to sign and return an addendum prior to bid/proposal opening time and date may make the bid/proposal response non-
responsive to that portion of the solicitation as materially affected by the respective addendum.
___________________________________
___________________________________
Name of Company
By – Name and Title (Please Print)
___________________________________
___________________________________
Email Address
Telephone
___________________________________
___________________________________
City State Zip
Authorized Signature
Addendum to Solicitation
City Procurement Office/City of Tempe • PO Box 5002 • 20 East 6th Street • Tempe, AZ 85280 • (480) 350-8324 • www.tempe.gov/procurement
Issue Date:
10/05/2021
This addendum will modify and/or clarify:
Solicitation No.:
22-001
and is
Addendum No.:
#3
Procurement Description:
Trade Services
Please be advised that the due date has changed to October 12, 2021 at 3:00 p.m. (Local Arizona Time).
Please ensure that you sign and submit this addendum by the solicitation due date.
The balance of the specifications and bid solicitation instructions to remain the same. Bidders/Proposal Offerors are to
acknowledge receipt and acceptance of this addendum by returning of signed addendum with bid/proposal response. Failure
to sign and return an addendum prior to bid/proposal opening time and date may make the bid/proposal response non-
responsive to that portion of the solicitation as materially affected by the respective addendum.
___________________________________
___________________________________
Name of Company
By – Name and Title (Please Print)
___________________________________
___________________________________
Email Address
Telephone
___________________________________
___________________________________
City State Zip
Authorized Signature
Addendum to Solicitation
__________________________________________ ________________________
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
12-05-2024
James Hoover
President
B2B Direct Sales, Inc dba The HVAC Company
EXHIBIT B
TO
COOPERATIVE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
B2B DIRECT SALES, INC.
D/B/A
THE HVAC COMPANY
[Quote or Work Order]
See following pages.
Attn: Marc Brewer
Phone: 219-218-0213
Email: mbrewermbrewer@fountainhillsaz.gov
Company: Town of Fountain Hills
Address: 16705 E Ave of the Fountains,
Fountain Hills, AZ 85268
Date: Jan 21, 2026
Re: Cooling Tower Return Piping
Property: Town of Fountain Hills
Address: 16705 E Ave of the Fountains,
Fountain Hills, AZ 85268
Quote #: 11567 Version 5
3120 W Carefree Hwy, Suite #1817, Phoenix, AZ, 85086 * 480-687-8081
The HVAC Company is pleased to offer our proposal for the referenced work:
SCOPE:
All work to be conducted during normal business hours.
Both Y-Strainers are old and should be replaced. Below Outlines the scope of work that we recommend.
Line 1 - Chiller piping routed as the existing:
▪ New 4” chiller manifold piping from pumps to supply and return headers.
▪ Demo of existing 4” supply and return piping.
▪ Victaulic grooved fitting and manual valves were necessary.
Chilled water piping insulation replaced when completed.
Line 2 - Cooling tower manifold piping:
▪ (2) new 6” y-strainers in cooling tower yard.
▪ (1) T bypass connection with flanged Belimo control valve.
▪ (6) thread o lets for temperature, pressure and drain connection.
▪ New Victaulic flanged piping from bypass T to suction side of existing pumps.
Replacement of the (2) existing pumps, installation of additional (1) pump - 3 total.
Patterson HVAC Pumps (Variable Speed Condenser, set up for max efficiency)
3ea Patterson End Suction HVAC PUMP
Pump Tag: P-3
Model: E3J9A-1 CW Rotation Impeller Dia.: 7.688
Pump Size: 4x3x9.5 Rated RPM: 1760
378GPM 46TDH Calculated Efficiency @ Duty Point: 79.2%
Brake HP: 5.61 Non-Overloading HP: 6.24 NPSHR (feet): 6.2
Maximum Pump Working Pressure: 175 #
Standard SureFlex Coupling
Motor: 60HZ - 230/460V - 7.50HP - ODP - PE - 213T
Baldor Model #:EM3311T-G
Motor w/ Grounding Rings
Base Plate: STD - 125# Discharge
Steel Shaft - Bronze Sleeve - CSC Seal
Copper Flush Line Tubing & Fittings
Pump Weight: 480 lbs.
Notes: pumps were selected to match existing pumps on site.
ELECTRICAL: Includes rework of electrical to accommodate new additional pumps and frequency drives.
ABB VARIABLE FREQUENCY DRIVES:
• 3ea ABB Model ACH580-VCR-012A-4, NEMA 1 with Bypass, Rated for 12 FLA (7.5HP), 460v/3 PH, with
Bluetooth capability.
Note: Start Up from ThermAir Services is included.
CONTROLS: Includes controller, wiring and system integration.
Job Specific Exclusions: (piping)
o Special inspection
o Mechanical equipment of any kind
o Roof patching or repair of any kind
o Excavation or grading
o Concrete/ Grouting of any kind
o No fire system piping
Exclusions: Piping
o General inspection
o Testing and Inspection shop or field
o Cleaning onsite steel of road spray, salt, diesel smoke or any other affixed to
materials during transportation to site, or mud and dirt from site conditions
o Grout or Grouting
o Liquidated damages
o Any other items not specifically listed above in the Scope of Work
Special Provisions:
o Eight-hour workdays are utilized Monday through Friday 7am-4pm for this project. Afterhours pricing is available
and will change project pricing.
o It is impossible for us to anticipate other trade component needs. Unless a fixture item is specifically called out on
the plumbing and architectural drawings, it is considered excluded – refer to sheets bid listed above.
o Repair of grass and landscape will be the responsibility of others unless Precision Mechanical LLC and its
representatives have acted negligently.
o Benchmarks and gridlines to be established by GC.
o Lost production days due to weather or other reasons no fault of Contractor will extend schedule an equal number
of days.
o Mutually Acceptable Contract and Schedule.
WARRANTY: 2-year parts & labor.
LEAD TIMES:
* Pumps - 7 weeks plus transit; subject to prior sale.
* ABB VFDs - 4 to 6 weeks plus transit; subject to prior sale.
* Piping - available in local stock; subject to prior sale. Installation availability based on current workload scheduling.
GENERAL EXCLUSIONS: permits & engineering; premium labor and any items not specified herein.
Total Proposal as Outlined Above……………….
$172,393.83
Our goal is to provide quality work at a competitive price. We will accomplish this by performing efficiently, timely,
safely and to your complete and total satisfaction. Thank you for allowing us to proceed by authorizing the work in the
space provided below. Lead times on parts and equipment available upon request and are subject to change based on
availability at time of approval.
Sincerely,
The HVAC Company
Approved by:
Approval Signature:
Date:
PO# or Payment Method:
ACCEPTANCE OF PROPOSAL
This proposal represents the entire agreement between the parties. There are no representations, promises or other understandings unless expressly
included herein.
Estimate valid for 15 days from the issue date. Payment terms are net 30 days, subject to a 5% late charge and a separate 1.5% interest charge on the
outstanding delinquent balance compounded monthly.
Our offer is predicated upon a clear and accessible area that will be made available by others, where our work is to be performed.
Unless noted in the specific inclusions, our work will be performed during our normal working hours.
Further examination of work may necessitate a change in scope.
Some items may have limited warranty (Example: manufacture warranty exclusions, seals, gaskets, wear items, parts damaged due to forces beyond
reasonable control)
SPECIFIC EXCLUSIONS:
Permits & engineering; premium labor and any items not specified herein.