HomeMy WebLinkAboutC2019-056 - Tempe Power Equipment LLC Contract No.2019-056
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
TEMPE POWER EQUIPMENT, LLC
THIS COOPERATIVE PURCHASING AGREEMENT(this"Agreement") is entered into
as of November 5, 2018, between the Town of Fountain Hills, an Arizona municipal corporation
(the "Town"), and Tempe Power Equipment, LLC, an Arizona limited liability company (the
"Contractor").
RECITALS
A. After a competitive procurement process, the City of Tempe, Arizona ("Tempe")
entered into Contract No. T 15-010-07, dated October 17, 2014, and subsequently renewed by
Renewals No. 1 through 4 (collectively, the "Tempe Contract"), for the supply of vehicle and
equipment repair parts. A copy of the Tempe Contract is attached hereto as Exhibit A and
incorporated herein by reference, 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 Tempe Contract, at its discretion and with the agreement of the awarded
Contractor, and the Tempe Contract permits its cooperative use by other public entities, including
the Town.
C. The Town and the Contractor desire to enter into this Agreement for the purpose of
(i) acknowledging their cooperative contractual relationship under the Tempe Contract and this
Agreement, (ii) establishing the terms and conditions by which the Contractor may provide the
Town with mechanical repairs and maintenance of the Town's motorized equipment, including
but not limited to 30 gas/battery powered hand tools, 4 gas powered utility vehicles, and 1 field
maintenance three wheeler(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 Contractor hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective as of the date first set forth
above and shall remain in full force and effect until October 16, 2019, unless terminated as
otherwise provided in this Agreement or the Tempe Contract.
2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement
for Materials and Services under the terms and conditions of the Tempe Contract. The Town does
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not guarantee that any minimum or maximum number of purchases will be made pursuant to this
Agreement.Purchases will only be made when the Town identifies a need and proper authorization
and documentation have been approved. For purchase(s)determined by the Town to be appropriate
for this Agreement, the Contractor shall provide the Materials and Services to the Town in such
quantities and configurations agreed upon between the parties, in a written invoice, quote, work
order or other form of written agreement describing the work to be completed (each, a "Work
Order"). Each Work Order approved and accepted by the parties pursuant to this Agreement shall
(i) contain a reference to this Agreement and the Tempe Contract and (ii) be attached hereto as
Exhibit B and incorporated herein by reference. Work Orders submitted without referencing this
Agreement and the Tempe Contract will be subject to rejection.
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 Tempe Contract will be held at Contractor's risk and may be returned to the
Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of a
non-conforming Materials or Services, the Town may elect to do any or all of the following by
written notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or
(iii) bring the Materials or Services into compliance and withhold the cost of same from any
payments due to the Contractor.
2.2 Cancellation. The Town reserves the right to cancel Work Orders within a
reasonable period of time after issuance. Should a Work Order be canceled, the Town agrees to
reimburse the Contractor, but only for actual and documentable costs incurred by the Contractor
due to and after issuance of the Work Order. The Town will not reimburse the Contractor for any
costs incurred after receipt of Town notice of cancellation, or for lost profits, shipment of product
prior to issuance of Work Order or for anything not expressly permitted pursuant to this Agreement.
3. Compensation. The Town shall pay Contractor an aggregate amount not to exceed
$10,000.00 for the Materials and Services at the rates set forth in the Tempe Contract and as may
be agreed upon by the parties.
4. Payments. The Town shall pay the Contractor 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 Tempe
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
Tempe Contract will be subject to rejection and may be returned.
5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are
complying with the warranty under Section 6 below, Contractor's and its subcontractors' books,
records, correspondence, accounting procedures and practices, and any other supporting evidence
relating to this Agreement, including the papers of any Contractor 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 Contractor's and its subcontractors' compliance with the Arizona
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employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to
audit Records as set forth in this Section,Contractor 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 Contractor pursuant to this
Agreement. Contractor 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 Contractor or its subcontractors reasonable advance notice of
intended audits. Contractor 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 AR1z. REV. STAT. § 41-
4401, the Contractor 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). Contractor'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. Contractor 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. Conflict of Interest. This Agreement may be canceled by the Town pursuant to
ARIZ.REV.STAT. § 38-511.
9. 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.
10. 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
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 Contractor
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.
Contractor 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.
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11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among
the terms of this Agreement, the Tempe Contract, a Work Order, and invoices,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 Tempe 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 Tempe Contract shall not alter such terms and conditions or relieve
Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the
performance of this Agreement.
12. Rights and Privileges. To the extent provided under the Tempe Contract, the Town
shall be afforded all of the rights and privileges afforded to Tempe and shall be the "City" (as
defined in the Tempe Contract) for the purposes of the portions of the Tempe Contract that are
incorporated herein by reference.
13. 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 Tempe to the extent provided under the Tempe 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 Contractor's obligation to provide the
indemnification and insurance. In any event, the Contractor 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 Contractor, its officers, employees, agents, or any tier of subcontractor in the
performance of this Agreement.
14. Notices and Requests. Any notice or other communication required or permitted to
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 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Grady E. Miller, Town Manager
With copy to: Pierce Coleman PLLC
4711 E. Falcon Drive, Suite 111
Mesa, Arizona 85215
Attn: Aaron D. Arnson, Town Attorney
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If to Contractor: Tempe Power Equipment, LLC
807 West Geneva Drive
Tempe, Arizona 85282
Attn: Heath Geerson
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]
5
4,
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
"Town"
TOWN OF FOUNTAIN HILLS,
an Arizona Municipal Corporation
1).1 3 i g Grady E. Mille o' n Manager
ATTEST:
El zabeth . urke, Town C erk
APPROVED AS TO FORM:
aron D. Arns , Town Attorney
(ACKNOWLEDGEMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On , 2018, before me personally appeared Grady E. Miller, the Town
Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity
was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and
acknowledged that he signed the above document, on behalf of the Town of Fountain Hills.
yo`-t RHONDA M. BRENNEMAN (1\;51� �n
'''" Notary Public-State of Arizona � {' I
MARICOPA COUNTY
My Commission Expires June 30,2019 Notary Public
(Affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
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"Contractor"
TEMPE POWER EQUIPMENT, LLC,
an Arizona limit l` ilit mpany
e: -ef/L; ✓ , Ck
Its: 0 (.c..)/ t"r
(ACKNOWLEDGEMENT)
STATE OF p,Kk—zo )
) ss.
COUNTY OF M.ARA c.o%A.)
On Ivovember 30 , 2018, before me personally appeared .?'e.FFltey r1 vi cJ< , the
�w+�e C✓, of TEMPE POWER EQUIPMENT,LLC,an Arizona limited liability company,
whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims
to be, and acknowledged that he signed the above document, on behalf of the Tempe Power
Equipment, LLC.
MARCUS MORRONE
Notary Public-State of Arizona A \` A-d uP
� MARICOPA COUNTY I
Notary Public
'r y My Commission Expires May 31,2021
(Affix notary seal here)
4840-8744-4858,v. 1
7
EXHIBIT A
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
TEMPE POWER EQUIPMENT, LLC
[Tempe Contract]
See following pages.
4840-8744-4858,v. 1
REQUEST FOR PROPOSAL CITY OF TEMPE
REQUEST FOR PROPOSAL : 15-010 RFP ISSUE DATE: 06/27/2014
Commodity Code(s): 009-22
PROCUREMENT DESCRIPTION: Vehicle and Equipment Repair Parts
PROPOSAL DUE DATE/TIME: Wednesday,July 23,2014,3:00 P.M.Local Time
Late proposals will not be considered.
PROPOSAL RESPONSE MUST BE DELIVERED TO CITY PROCUREMENT OFFICE.
Mailing Address: P.O. Box 5002,Tempe,AZ 85280
Street Address: 20 E. Sixth Street(2'd Floor),Tempe,AZ 85281
Mailing Alert: Firms should use the Street Address to ensure on-time express deliveries. The Mailing Address provided
above routes through the City's internal mail distribution center and may impact delivery time.
PRE-PROPOSAL CONFERENCE (if scheduled): N/A
DEADLINE FOR INQUIRIES: Monday,July 15,2014, 5:00 P.M.,Local Time
Sealed proposals must be received and in the actual possession of the City Procurement Office on or before the exact
Proposal Due Date/Time indicated above. Proposal responses will be opened and each Offeror's name will be publicly
read. Prices are not read and shall be kept confidential until award. Late proposals will not be considered.
Proposals must be submitted by a sealed envelope/package with the Request for Proposal number, Offeror's name and
address clearly indicated on the envelope/package. It is critical that the RFP number be included on the front of the
envelope to ensure proper handling.
Proposals must be completed in ink or typewritten and a completed proposal response returned to the City Procurement
Office by the Proposal Due Date/Time indicated above. The "Vendor's Offer" (Form 201-B RFP) must be completed
and signed in ink. Proposals by electronic transmission,telegraph,mailgram or facsimile will not be considered.
Offerors are asked to immediately and carefully read the entire Request for Proposal and not later than ten (10) days
before the Proposal Due Date/Time, address any questions or clarifications to the Procurement Officer identified below:
Tony Allen , CPPB E-mail: tony_allen@tempe.gov Phone No: (602)350.8648
Procurement Officer
Award recommendations are publicly posted to the City Procurement Office web page www.tempe.gov/procurement
and at the Procurement Office reception counter.
Submit one (1) original signed and completed proposal response for evaluation purposes. For this specific RFP, two
(2) additional copies of RFP response on Flash Drive are also to be submitted for evaluation purposes. A late,
unsigned and/or materially incomplete proposal response will be considered nonresponsive and rejected.
The City Procurement Office is committed to fair and equal procurement opportunities for all firms wishing to do
business with the City and encourages the participation of small and disadvantaged businesses.
MG
Michael Greene,C.P.M.
Central Services Administrator
RFP#15-010 1
Vendor's Offer
Form 201-B (RFP)
"Return this Section with your Response"
It is required that Offeror complete, sign and submit the original of this form to the City 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.
Company Name:
Company Mailing Address:
City: State: Zip:
Contact Person: Title:
Phone No.: FAX: E-mail:
Company Tax Information:
Arizona Transaction Privilege(Sales)Tax No.: or
Arizona Use Tax No.:
Federal I.D.No.:
City& State Where Sales Tax is Paid:
If a Tempe based firm,provide Tempe Transaction Privilege(Sales)Tax No.:
THIS PROPOSAL IS OFFERED BY
Name of Authorized Individual(TYPE OR PRINT IN INK)
Title of Authorized Individual(TYPE OR PRINT IN INK)
REQUIRED SIGNATURE OF AUTHORIZED OFFEROR (MUST SIGN IN INK)
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 Offeror Date
(H:/RFP 3-2008)
RFP#15-010 2
INSTRUCTIONS TO PROPOSERS
Failure to follow these instructions shall 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,Form 201-B (RFP).
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 amendments 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.
E. Offeror shall identify each subcontractor to be utilized in the services and/or work set forth herein, in the
proper form as indicated.
2. Late, Unsigned and/or Incomplete Proposal: A late, unsigned and/or materially incomplete proposal will be
considered nonresponsive and rejected.
3. Inquiries: Questions regarding this Request for Proposal shall be directed to the City Procurement Officer
identified on the cover page of this document, unless another City contact is specifically named. Inquiries shall
be submitted in writing, 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 no later than ten (10) days before proposal due date/time. Those received within ten (10)
days of the proposal due date/time shall not be considered. The City reserves the right to contact Offerors to
obtain additional information for use in evaluating proposal and solicitation requirements.
4. Proposal Conference: If a proposal conference is scheduled, Offeror shall attend the conference to seek
clarification of any points of confusion or requirements at issue.
5. 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.
6. 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.
RFP#15-010 3
7. Evaluation: 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 therein. The City reserves the right to reject any and all proposals.
8. Payment: For a single requirement purchase, the City will make an effort 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 make an effort to remit payment within thirty (30)
calendar days from approval of monthly statement.
9. 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.
10. 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.
11. 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 City Procurement Office ("Contract"). 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 City Procurement Office provides a written notice of award or a purchase order to the
successful Offeror. All items 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.
12. Taxes: All materials, equipment and/or products shall be proposed as F.O.B. City, prepaid. 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 (returned) to the City is
considered a pass-through cost, calculated as zero (0) expense. 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 www.tempe.gov/salestax.
13. Payment by City Procurement Card: The City Procurement Office may elect to remit payment through the use
of a City procurement card. Each Offeror may indicate on the Price Sheet of 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.
14. 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 contract is
awarded. After award of contract, an appointment may be made with the City 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/web).
RFP#15-010 4
15. Protests: Any actual or prospective Offeror who is aggrieved in conjunction with this Request for Proposal or
award may protest the award to the City 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 City Procurement Office will post award
recommendations on the City Clerks web site at(http://documents.tempe.gov/sirepub/?sort=meet date) and at the
Procurement Office front counter and website 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.
16. 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 City Procurement Office.
17. 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, services, work, construction 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, services, work, materials, construction and/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 City Procurement Office directing the Contractor to
deliver goods, services,work,materials,construction and/or concessions to the City.
I. "Request for Proposal" means a competitive solicitation issued by the City for the procurement of goods,
services,work,materials, construction and/or concessions.
RFP#15-010 5
18. 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 totally 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.
19. Technical Questionnaire: Offeror must complete the Technical Questionnaire portion of this Request for
Proposal and provide any documentation required to support the answers to the Questionnaire. 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.
20. 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.
21. 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.
22. Proposal Evaluation and Award: 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.
RFP#15-010 6
23. 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 final proposal revisions (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.
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.
RFP#15-010 7
STANDARD TERMS & 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 and 2005-02, 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", form 201-B (RFP), 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
City's 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.
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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.
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.
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. Conflict of Interest: This Contract is subject to the cancellation provisions of A.R.S. § 38-511.
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 City 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 City Procurement Office and issuance of an official modification notice.
10. Contracts Administration: Contractor must notify the designated Procurement Officer from the City's
Procurement Office for guidance or direction of 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.
RFP#15-010 9
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.maricopa.gov/Materials/SAVE/save-members.pdf 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. 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. The occurrence of any or more of the following events shall constitute a material breach of and default
under the Contract. The City reserves the right to terminate the whole or any part of the Contract due to
Contractor's failure to fully comply with any term or condition herein.
i) Any failure by Contractor to pay funds or furnish materials, services and/or goods that fail to
conform to any requirement of this Contract or provide personnel that do not meet Contract
requirements;
ii) Any failure by Contractor to observe, perform or undertake any provision, covenant or condition
of this Contract to be observed or performed by Contractor herein, including but not limited to
failing to submit any report required herein;
RFP#15-010 10
iii) Any failure to make progress in the performance required pursuant to the Contract and/or gives
the City reason to believe that Contractor 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. Upon and during the continuance of an event of default, the City,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 there from, 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 substitute Contractor for the
purchase of services, materials and/or work from another source; and/or (c) attorneys' fees and
costs in pursuing any remedies under the Contract and/or arising there from.
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.
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.
RFP#15-010 11
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. In event the Contract is
terminated by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and
remedies,to recover or withhold from Contractor the amount of gratuity.
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 expenses 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, 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.
RFP#15-010 12
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.
Contractor shall respond within five (5) calendar days after notice by the City of any defects and/or maintenance
requests to immediately remedy the condition of the job site. Should the Contractor fail to respond promptly as
set forth herein,the City shall correct the job site at the expense of the Contractor, and recover all attendant costs.
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 all federal, state and local licenses and permits
required for the operation of the business conducted by the Contractor, at its sole expense.
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.
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.
RFP#15-010 13
•
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 the goods and/or services used 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 machine involved.
Each machine is expected to be available for productive use, as provided in the procurement documents.
Penalties and/or bonuses applicable to machine and system performance,if any, shall be calculated as specified in
the Request for Proposal.
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 City Procurement Office will review the material and make a determination, pursuant to
A.R.S. §§ 39-121, et seq., and 41-1330, 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 City Procurement Office.
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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.
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.
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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 weapon's 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 run 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.
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 to secure cost savings or if timely
delivery may be met by the Contractor
45. Ordering Process: Upon award of a Contract by the City 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.
RFP#15-010 16
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.
RFP#15-010 17
Special Terms and Conditions
Proposals taking exception to Special Terms& Conditions 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 City 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 one hundred twenty (120) days after the
proposal due time and date.
3. Term of Contract: The term of the Contract shall commence on the date of award and shall continue for a
period of one(1)years thereafter,unless terminated, canceled or extended as otherwise provided herein.
4. Contract Renewal: The City reserves the right to unilaterally extend the period of any resultant Contract for
ninety (90) days beyond the stated term. In addition, the City at its option may renew for supplemental terms of
up to a maximum of four (4) additional years. The period for any single renewal increment shall be determined
by the City Procurement Office. Such increment shall not be for more than a period of one (1) year each, unless
the City is eligible to obtain a significant cost and/or supply advantage by a longer Contract renewal period.
5. 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 City 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 City 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 City Procurement Office before becoming
effective. If not acknowledged within thirty (30) days, Contractor shall contact the City Procurement
Office to assure the price increase request was received.
C. The Contractor shall offer any published price reduction or if applicable to 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 terms of an awarded Contract and shall
become effective upon notice and acceptance. The City shall likewise take advantage of any special sales
discounts offered to the general public, which exceed contracted price discounts extended to the City by
the Contractor.
6. Multiple Awards: The City has a large number and variety of potential customer departments. In order to assure
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.
RFP#15-010 18
7. 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 a Vendor until receipt of all required
insurance documents by the City Procurement Office with such documents meeting all requirements
herein. In addition, before any Contract renewal, all required insurance must be in force and on file with
the City Procurement Office. Contractor must submit required insurance within ten (10) calendar days
after request by the City Procurement Office or the award may be rescinded and another Vendor 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 limits no less than:
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 officer policy form CG2010 11/85 edition
or any replacement thereof.
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.
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 case services are subcontracted, the Contractor will require the subcontractor to provide
worker's compensation and employer's liability to at least the same extent as provided by
Contractor.
c. Automobile Liability
RFP#15-010 19
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. 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.
8. 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.
RFP#15-010 20
9. Employees of the Contractor:No one except authorized employees of the Contractor is allowed on the premises of
the City of Tempe. 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 of
Tempe sites. The Contractor must, however, furnish the City a current employee register on the issuance of this
Contract and updated every six(6)months thereafter. This register must contain the Name, Social Security Number,
Phone Number,and Address.
RFP#15-010 21
Package Label
Please cut out and attach the following label to the outside of your submission.
RFP 15-010
Vehicle and Equipment Repair Parts
Due Date: Wednesday,July 23,2014
Submitting Firm:
Proposal response must be in the possession of the City of Tempe Procurement Office by the stated due date and time.
US Mail parcels sent to the City of Tempe PO Box may not be delivered to the Procurement Office for 24 hours or more
after receipt by the City because of internal mail processing procedures. Please keep this potential time delay in mind
when US Mail Service is utilized.
Delivery addresses are shown below for your convenience.
If sending via US Mail: If sending via courier,FedEx,UPS or hand delivery:
Tony Allen Tony Allen
City of Tempe City of Tempe
Financial Services/Procurement Office Financial Services/Procurement Office
P 0 Box 5002 20 E Sixth St (2nd Floor)
Tempe,AZ 85280 Tempe,AZ 85281
RFP#15-010 22
Format of Documents
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.
It is required that your Flash drive copies of your response be returned in Word format.
Any supplemental documentation that you feel is necessary for your response should be in pdf format,however, the scan
should be optimized to low resolution.
For both the hard copy and flash drive copies it is only necessary to include the items marked:
"Return this Section with your Response"
RFP#15-010 23
Scope of Work
The City of Tempe has issued this Request for Proposal (RFP) to establish a group of contract for the supply of vehicle and
equipment repair parts utilized primarily by the Fleet Service Division to perform repairs on approximately 1,200 vehicles
and pieces of equipment including passenger vehicles, light and heavy duty trucks, street sweepers, refuse trucks, specialty
equipment,motorcycles, and numerous other pieces of equipment. To meet the service requirements of these operations,the
City needs a continuous supply of quality replacement and add-on parts,including miscellaneous supplies of a related nature.
Other departments within the City may utilize these contracts.
The City of Tempe intends to award up to a maximum of three contracts for each group (group 7 may have more firms
because of broad nature of the potential offerings). The City reserves the right to award additional contracts in a group
should the City require additional vendors to provide necessary coverage for the variety of vehicles/equipment in the City
fleet.
The initial contract period will be for one-year with four, one-year renewal options that may be exercised by the City based
on the performance and pricing of awarded firms.
Parts Groups to be awarded
The City is currently utilizing cooperative contracts for a portion of its needs and will not review any submittals
for these groups:
OEM Parts
State of Arizona contracts for GM,Ford and Honda motorcycle parts
Aftermarket Automotive
State of Arizona or Cooperative contracts with NAPA,AutoZone 7 CarQuest
Automotive,truck and equipment glass
State of Arizona contract
The following are the categories for which the City is requesting submittals:
Group 1 —Refuse Vehicle
Group 2—Heavy Duty Truck Parts
Group 3—Turf and Construction Equipment
Group 4—Fasteners
Group 5—Vehicle Safety Lighting
Group 6—Specialty Tire
Group 7—Miscellaneous—use this category if your offering does not fit any of the other categories
Local Supplier Facility&Inventory
The City prefers that contracted firms have a parts outlet facility within the Tempe/Phoenix metropolitan area and maintain
an inventory of parts that are sufficient to meet the needs of the City. Walk-in business from the City may occur to meet
rapid repair needs and close geographic proximity to City of Tempe facilities will be an evaluation factor.
Delivery Capability
The City will require contracted parts suppliers to provide free, daily delivery of ordered parts to all City facilities. Tempe's
two main stocking facilities are located at 53 S. Priest, Building D and 6300 All America Way. All prices and discounts
proposed in response to this RFP must be F.O.B.destination with inside delivery.
RFP#15-010 24
Customer Sales/Service Representative
The City will obtain parts availability information and place orders by telephone conversation with contracted parts
suppliers. It is therefore important that each contracted supplier have a knowledgeable inside sales staff capable of
answering technical questions and cross referencing parts and current parts prices.
Pricing
Offerors shall submit price sheets showing manufacturer list pricing and state discount available to the City of Tempe or
approved alternative price lists. The manufacturer list prices shall be from a published pricing document or computerized
inventory printout.
Please provide a link and access to the most current product pricing through the utilization of web portal.
The discount offered shall remain firm for the entire life of any resulting contract. Only pass-through costs incurred by the
contracted supplier from the parts manufacturer will be considered for any increased parts costs and then only per the
provisions stated within the Special Terms&Conditions section of this RFP.
Billing Process&Requirements
Contracted suppliers must provide a priced invoice at the time of delivery or customer pick-up. It is preferred that each
invoice identify each purchased item by its part number, description,manufacturer list price and City of Tempe discount. It
is preferred that a proper name for each part be placed on the invoice.
Aftermarket Parts
Aftermarket parts must meet or exceed the original manufacturer's specifications in quality,size,fit and operation.
Merchandise Warranty
All items purchased from a vendor must be under full warranty from manufacture defects. There shall be no costs incurred
by the City of Tempe for any warranty consideration.
Bolts,Nuts,Screws and Fasteners
Location of stock bins for this contract are shown below,however,other City facilities may also utilize this service:
Fleet Service
53 S.Priest
Tempe,AZ 85281
Fleet Service Satellite Shop
6300 All America Way
Tempe,AZ 85281
All fasteners must be cadmium or zinc plated.
All fasteners of Grades 5 and 8 must be identifiable as to grade and manufacturer.
All fasteners must meet or exceed all specifications as stated in the attached SAE J429 Mechanical and Material
requirements for externally threaded fasteners.
RFP#15-010 25
Questionnaire
Return this Section with your Response
Bidder shall submit answers to the following questions. Responses will be utilized in determination of contract award.
Question Response
1 List the location of your parts outlet facility nearest to
Tempe,which will handle the City's account.
2 Describe your company and its history — include
years in business
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 Provide contact information below
4 If offering aftermarket parts, do you certify 100%
compatibility?
5 What warranty is offered on the parts you supply?
6 How will you make your pricing information,
including updates,available to the City of Tempe?
7 Please describe in detail the internal process your
firm will utilize to ensure that pricing offered under
this proposal will be consistent and accurate.
8 Does your company offer parts delivery services?
a Delivery time after order is placed
b How many scheduled delivery stops will your
company make per day at City facilities?
9 How will you supply out of stock parts and parts not
stock locally?
a What is the time frame for delivery of non-stock
or out of stock parts?
10 Do you agree to the Terms and Conditions of this
RFP?
a If No,explain to right
11 List three (3) governmental or large corporate
references for which you currently provide similar
services.
• Firm Name
• Contact Name Provide Reference Information Below
• Phone Number
RFP#15-010 26
Proposal Checklist for Submittals
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 submittal.
Please include any information or documents that will clarify your submittal.
Description Included
1 One signed and complete original of the RFP 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 Vendor's Offer — Form 201B (RFP) has been signed and
included with response
2 Two (2) additional copies of RFP response on Flash Drive — a
single copy of your response should be put on each requested Flash
Drive - 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 It is required that responses be returned in"Word"format
b If utilizing a PDF file format for any additional information
submitted with response, please optimize the file (low
resolution)to lower memory space requirements
3 Questionnaire has been completed and included
4 Price information is complete and included
5 Sample of invoice is included
6 Any addendum(s)have been included
7 Signed and completed Affidavit of Compliance with Tempe City
Code Chapter 2 Article VIII Section 2-603(5).
RFP#15-010 27
Evaluation Criteria
An evaluation committee composed of City staff will review the responses and score them according to the
criteria listed below. All sub-categories have equal weight unless otherwise noted.
Award Criteria Weight x Rating = Points
1 Cost 6 (38%) x =
2 Parts 3 (19%) x =
a Quality
b Compatibility
c Warranty
3 Customer Service 2 (13%) x =
a Invoicing meets City requirements
b Access to current pricing information
4 Geographic proximity to City Fleet Maintenance for
pickup of parts by City personnel 2 (13%) x =
5 Firm 2 (13%) x =
a Business stability
b References
6 Overall response to RFP 1 ( 4%) x =
a Quality,composition and completeness of
response
b Firms acceptance of City's Terms and Condition
Total
This proposal will be evaluated on a cumulative point system.
Scoring
Outstanding 8 to 10
Good 6 to 7.9
Average 3 to 5.9
Poor 0 to 2.9
RFP#15-010 28
Pricing
Return this Section with your Response
Pricing must be inclusive of all costs including delivered to the designated City of Tempe facility.
The City will not pay fuel surcharges or any other costs.
Two pricing elements will be evaluated. Provide both a discount from manufacturers catalog pricing (if net pricing,
indicate "net" in % column) and your pricing for your top 20 selling items using the manufacturer discount pricing you
have offered.
Group 1—Refuse Vehicle Parts
Manufacturer Offered %Discount from
Manufacturer
Catalog Pricing
Market Basket Pricing—top 20 selling items Cost
RFP#15-010 29
Group 2—Heavy Duty Truck Parts
Manufacturer Offered %Discount from
Manufacturer
Catalog Pricing
Market Basket Pricing—top 20 selling items Cost
RFP#15-010 30
Group 3—Turf and Construction Equipment
Manufacturer Offered %Discount from
Manufacturer
Catalog Pricing
%
%
%
%
Market Basket Pricing—top 20 selling items Cost
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
RFP#15-010 31
Group 4—Fasteners
Manufacturer Offered %Discount from
Manufacturer
Catalog Pricing
%
%
%
Market Basket Pricing—top 20 selling items Cost
$
$
RFP#15-010 32
Group 5—Vehicle Safety Lighting
Manufacturer Offered %Discount from
Manufacturer
Catalog Pricing
Market Basket Pricing—top 20 selling items Cost
RFP#15-010 33
Group 6—Specialty Tire
Manufacturer Offered %Discount from
Manufacturer
Catalog Pricing
Market Basket Pricing Cost
$
$
RFP#15-010 34
Group 7—Miscellaneous(use this category if your offering does not fit any of the other categories)
Manufacturer Offered %Discount from
Manufacturer
Catalog Pricing
Market Basket Pricing Cost
*Applicable Tax
* State correct jurisdiction to receive sales tax on the Vendor's Offer, Form 201-B (RFP) 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
In order to facilitate internal control and accounting, each City Department will order and must be invoiced separately.
Monthly invoices must be segregated by City Department number and mailed or delivered directly to the City Customer
RFP#15-010 35
Department. For most materials,there will be between three(3) and six (6) ordering departments. At the time an order is
placed, the Contractor must obtain the ordering department's cost center numbers for billing purposes. The use of the
department's cost center numbers will be in addition to the purchase order number. Once a month, the Contractor shall
submit a consolidated statement which shall itemize the invoice numbers, invoice date, invoice amounts, and the total
amount billed to Accounting. Discount offering will be based upon days from receipt of the consolidated monthly
statement. Invoice(s)shall not show previous balances.
Invoices shall include:
1. Listing Of All Delivery/Pickup Receipt Numbers Being Invoiced.
2. Total Cost Per Item.
3. Applicable Tax.
4. Payment Terms.
5. Blanket Purchase Order Number.
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 bill contracted vendor for researching
invoices that have been paid,but not properly applied by vendor account receivables office.
Statement mailing address: City of Tempe
Accounting(see below for your contact)
P.O. Box 5002
Tempe,Arizona 85280
Phone: 480-350-8355
Accounting Contacts: Alex Chin Letters A—H and Numbers
Ramona Zapien Letters I—Z
Danielle Plunkett General AP Inquiries and AP Checks
RFP#15-010 36
YTempe
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#15-010 37
Contract Award Notice reTempe
City Procurement Office/City of Tempe•PO Box 5002•20 East 6th Street•Tempe,AZ 85280•(480)350-8324•www.tempe.gov/procurement
Contract Number: T15-010-07
Tempe Power Equipment,LLC Contract Period i Oi i 7/2014
J.D.Vick To
3222 S.Hardy Drive 10/16/2015
Tempe AZ 85282
Phone: (480)967.2315 Vendor Number: 90000
jd@tempepowereq.com
Solicitation/Contract Requirements
This Contract Award Notice is issued for the purchase of Vehicle & Equipment Repair Parts per the terms, conditions,
specifications and requirements of RFP #15-010. The contract shall remain in effect through 10/16/2015 unless extended,
renewed or canceled per terms and conditions of T15-010-07. It is to be noted that any contracted vendor document(s) that
conflict with the language and requirements of the City's solicitation are not acceptable and will void the contract. In addition,
contracted vendor is not to begin work or make delivery of awarded items until any and all required insurance and/or performance
bonds are posted with the City Procurement Office.
Pricing
Item Item Unit
No. Description Price
Per Contract
Vendor Address Change
If contracted vendor has a change of address for mailing payments and/or for mailing future bid solicitations, it is the vendor's
responsibility to notify the City Procurement Officer identified with this contract and to ensure all such mailing address
information is kept current. At least once a year, contact the Procurement Officer identified for this contract and ensure your
current address has been entered to the City Procurement Office automated system.
Please note that your City of Tempe contract number is T15-010-07. This number must appear on all receivers, invoices and
statements. Payment will be made on a monthly basis following receipt of a monthly itemized statement. Monthly invoices must
be segregated by City departments and mailed directly to each City customer department. Invoices must be mailed to the
following address: City of Tempe, Division, Attn:, P.O. Box 5002, Tempe, AZ. 85280. Statements must he mailed to: City of
Tempe,Accounting PO Box 5002,Tempe,Arizona 85280.
Tony A1ZPB Michael Greene,CPM
Procurement Officer Central Services Administrator
(480)350-8548
f
..
All terms and conditions of this Award Document are per the City's Solicitation Document
r
ii Tempe
A1H1du!.q wave.�i,;fh rlrs,:r.
Internal Services
Procurement Office
Contract Renewal Notice 20 E 6`"Street
Tempe,AZ 85281
Contract Number T15-010-07 Date 7/30/2018
Contract Description Vehicle&Equipment Repair Parts
90000
Tempe Power Equipment,LLC Renewal Information
Jeff Vick Beginning October 17,2018
807 W.Geneva Drive Ending October 16,2019
Tempe,AZ 85282 Renewal 4 of 4
Contract Renewal Information
The City of Tempe is requesting renewal of the above mentioned contract under the same terms and conditions at either current
contract prices/discounts or at prices/discounts more favorable to the City of Tempe.
If the contractor has lowered the market price(s)of any item(s)on the City's contract,then such lowered prices should be
offered to the City of Tempe.
Where performance bonds and/or insurance coverage were requirements of the City's original solicitation/contract, a renewing
contractor must provide evidence of bonds and/or insurance extensions as applicable to ongoing City of Tempe contract.
Failure to provide insurance certificates as outlined below may result in contract cancellation.
Tempe Power Equipment, LLC certifies that it is not currently engaged in, and agrees for the duration of this
Contact/Agreement that it will not engage in,a boycott of Israel,as that term is defined in A.R.S.§ 35-393
Contractor hereby acknowledges receipt and understanding of this Contract Renewal Notice and that a signed copy of this
notice must be filed with the City of Tempe Procurement Office within thirty (30) days from the above noted issue date and
the updated insurance certificates(City of Tempe included as additional insured) will be submitted.
Please note: If included, the Affidavit of Compliance form must be competed and returned with the renewal documents. This
affidavit is related to the City's new anti-discrimination ordinance that requires compliance from all City contractors.
Procurement Officer Krystle Sigman 480-350-8548 krystle_sigman@tempe.gov
Procurement Specialist Alicia Ruiz 480-350-8648 alicia_ruiz@tempe.gov
Contract Renewal Notice Page 1 of 2
To Be Completed and Signed By Tempe Power Equipment, LLC
Contract Number T15-010-07
Contract Description Vehicle&Equipment Repair Parts
Contractors Name Tempe Power Equipment,LLC
Contractor's Mailing Address 807 W.Geneva Drive Tempe,AZ 85282
Printed name of person signing Li e rrc(y V 4 Cu
Phone Number 4/do - 7 p 7-€ 3 j �n
email Address 1 Ci ( -}-et,,,p p[�w er , ($fit
V
Contractor's Authorized Signature
City of Tempe Contract Renewal Acceptance
. I2c It k - /(
Krystle Sigman Date Michael Greene,CPM,CPPO Date
Procurement Officer Procurement Administrator
Contract Renewal Notice Page 2 of 2
dTempe
.
v{akl* ;wao-ee h-a t'te desert
Internal Services
Contract Renewal Noce Procurement Office
n
20 E 6m Street
Tempe,AZ 85281
Contract Number T15-010-07 Date September 7,2017
Contract Description Vehicle&Equipment Repair Parts
9000
Tempe Power Eqiupment,LLC Renewal Information
Jeff Vick Beginning October 17,2017
807 W.Geneva Drive Ending October 16,2018
Tempe,AZ 85282 Renewal 3 of 4
Contract Renewal Information.
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.
Should a price increase be requested, such request must be in conformity to the original City solicitation/contract,must be
thoroughly justified and documented as a true pass-through cost. If a price increase is being requested,contractor will complete
and sign this renewal form and attach price increase justification documentation. Any request for a price increase may cause
withdrawal of this Contract Renewal Notice. If a contractor has lowered the market price(s)of any item(s)on the City's
contract,then such lowered prices should be offered to the.City of Tempe.
Where performance bonds and/or insurance coverage were requirements of the City's original solicitation/contract, a renewing
contractor must provide evidence of bonds and/or insurance extensions as applicable to ongoing City of Tempe contract.
Failure to provide insurance certificates as outlined below may result in contract cancellation.
Tempe Power Eqiupment, LLC certifies that it is not currently engaged in, and agrees for the duration of this
Contact/Agreement that it will not engage in,a boycott of Israel, as that term is defined in A.R.S.§ 35-393
Contractor hereby acknowledges receipt and understanding of this Contract Renewal Notice and that a signed copy of this
notice must be filed with the City of Tempe Procurement Office within thirty (30) days from the above noted issue date and
the updated insurance certificates(City of Tempe included as additional insured) will be submitted.
Please note: If included, the Affidavit of Compliance form must be competed and returned with the renewal documents. This
affidavit is related to the City's new anti-discrimination ordinance that requires compliance from all City contractors.
Procurement Officer Kryslte Sigman 480-350-8548 krystle_sigman@tempe.gov
Procurement Specialist Alicia Ruiz 480-350-8648 alicia_ruiz@tempe.gov
Contract Renewal Notice Page I of 2
To Be Completed and Signed By Tempe Power Egiupment, LLC
Contractor's Name Tempe Power Egiupmnent,LLC
Contractor's Mailing Address 807 W.Geneva Drive Tempe,AZ 85282
Printed name of person signing Jeffrey D. Vick
Phone Number 480-967-2315
email Address • mpepowereq.com
Contractor's Authorized Signature
City of Tempe Contract Renewal Acceptance
_� ° /Ohl ,o_
Kryslte tgman Date Michael Greene,CPM,CPPO Date
Procurement Officer Procurement Administrator
Contract Renewal Notice Page 2 of 2
City of Tempe
p
Internal Services
Procurement Office Contract Renewal Notice 20 B 6"Street
Tempe,AZ 85281
Contract Number T15-010-07 Date October 17.2016
Contract Description Vehicle&Equipment Repair Parts
90000
Tempe Power Equipment,LLC Renewal Information
Jeff Vick Beginning October 17,2016
807 W.Geneva Drive Ending October 16,2017
Tempe,AZ 85282 Renewal 2 of 4
Contract Renewal Information
The above referenced contract is requested to be renewed under the same terms and conditions at either current contract
prices/discounts or at prices/discounts more favorable to the City of Tempe. Should a price increase be requested,such request
must be in conformity to the original City solicitation/contract, must be thoroughly justified, and documented as a true pass-
through cost. If a price increase is being requested, contractor will complete and sign this renewal form and attach price
increase justification documentation. Any request for a price increase may cause withdrawal of this Contract Renewal Notice.
If a 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. All contract renewals with an annual value of$50,000 or more must be prior approved by City Council.
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.
Tempe Power Equipment, LLC certifies that it is not currently engaged in, and agrees for the duration of this
Contact/Agreement that it will not engage in,a boycott of Israel,as that term is defined in A.R.S.§35-393
Contractor hereby acknowledges receipt and understanding of this Contract Renewal Notice and that a signed copy of this
notice must be filed with the City of Tempe Procurement Office within thirty(30)days from the above noted issue date and
the updated insurance certificates(City of Tempe included as additional insured)will be submitted.
Please note: If included,the Affidavit of Compliance form must be competed and returned with the renewal documents. This
affidavit is related to the City's new anti-discrimination ordinance that requires compliance from all City contractors.
Procurement Officer Tony Allen,CPPB 480-350-8548 tony_allen®tempe.gov
Procurement Specialist Alicia Ruiz 480-350-8648 alicia_ruiz@tempe.gov
Contract Renewal Notice Page I of 2
To Be Completed and Signed By Tempe Power Equipment, LLC
Contractor's Name Tempe Power Equipment,LLC
Contractor's Mailing Address 807 W.Geneva Drive Tempe,AZ 85282
Printed name of person signing J )D . V ; c
Phone Number �o— 9(7 a 3 i
email Address 7��,.�e �a G✓Pr 9 . Co M
Contractor's Authorized Signature
City of Tempe Contract Renewal Acceptance
11-1-1 k.
Tony Allen,n,G' "13 Date M chael Greene,CPM,CPPO Date
Procurement Officer Procurement Administrator
Contract Renewal Notice Page 2 of 2
( City of Tempe.
Internal Services
Contract Renewal Notice Procurement Office
20 E 6'"Street
Tempe,AZ 85281
Contract Number T15-010-07 Date Friday,September 25,
Contract Description Vehicle&Equipment Repair Parts
90000
Tempe Power Eryuipement,LLC Renewal Information
J.D.Vick Beginning October 17,2015
807 W.Geneva Drive Ending October 16,2016
Tempe,AZ 85282 Renewal 1 of 4
Contract Renewal Information
The above referenced contract is requested to be renewed under the same terms and conditions at either current contract
prices/discounts or at prices/discounts more favorable to the City of Tempe. Should a price increase be requested,such request
must be in conformity to the original City solicitation/contract, must be thoroughly justified, and documented as a true pass-
through cost. If a price increase is being requested, contractor will complete and sign this renewal form and attach price
increase justification documentation. Any request for a price increase may cause withdrawal of this Contract Renewal Notice.
If a 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. All contract renewals with an annual value of$50,000 or more must be prior approved by City Council.
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.
Contractor hereby acknowledges receipt and understanding of this Contract Renewal Notice and that a signed copy of this
notice must be filed with the City of Tempe Procurement Office within thirty(30)days from the above noted issue date and
the updated insurance certificates(City of Tempe included as additional insured)will be submitted
Please note: If included, the Affidavit of Compliance form must be competed and returned with the renewal documents. This
affidavit is related to the City's new anti-discrimination ordinance that requires compliance from all City contractors.
Procurement Officer Tony Allen,CPPB 480-350-8548 tony_allen@tempe.gov
Procurement Specialist Alicia Ruiz 480-350-8648 aicia ruiz@tempe.gov
Contract Renewal Notice Page 1 of 2
To Be Completed and Signed By Tempe Power Equipement, LLC
Contractor's Name Tempe Power Equipement,LLC
Contractor's Mailing Address 807 W.Geneva Drive Tempe,AZ 85282 l./;Printed name of person signing 3e Fcre�/ 'C 1<
Phone Number - WW-7- 23 1S
email Address
Contractor's Authorized Signature
City of Tempe Contract Renewal Acceptance
%o-2,2.-1r /0,6U—/s
Tony Allen,CP1Pg Date Mtc ael Greene,CPM,CPPO Date
Procurement Officer Procurement Administrator
Contract Renewal Notice Page 2 of 2
Vendor's Offer coo
Form 201-B(RFP)
"Return this Section with your Response" 1
It is required that Offeror complete, sign and submit the original of this form to the City 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.
Company Name:_Tempe Power Equipment,LLc
Company Mailing Address: 3222 S. Hardy Drive
City: Tempe State: Arizona
'17.10:_85282
'ontact Person: J.D. Vick Title: Owner
'i'ione No.: 480-967-2315 FAX: 480-967-2762 E-maiI:_JD@tempepowereq.com
company Tax Information:
Arizona Transaction Privilege(Sales)Tax No.: 20535994-H or
Arizona Use Tax No.:
c'eMleral I.D.No.:90-0635033
City&State Where Sales Tax is Paid: Tempe , Arizona
if a Tempe based firm,provide Tempe Transaction Privilege(Sales)Tax No.:_123213
THIS PROPOSAL IS OFFERED BY
Name of Authorized Individual(TYPE OR PRINT IN INK) J.D. Vick
;Title of Authorized Individual(TYPE OR PRINT IN INK)
REQUIRED SIGNATURE OF AUTHORIZED OF EROR (MUST SIGN IN INK)
jBy 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.
RFP#15-010 2
Questionnaire
Return this Section with your Response
Bidder shall submit answers to the following questions. Responses will be utilized in determination of contract award.
• Question Response
1 List the location of your parts outlet facility nearest to
L _ Tempe,which will handle the City's account. 3222 S.Hardy Drive,Tempe Arizona
2 Describe your company and its history — include
years in business Sales/Service Outdoor power Eq. 29 Years
3 Please provide contact information for the primary J.D.Vick
account representative and a backup contact for the 480-967-2315
City of Tempe. 480-250-3750
• Contact Name jd@tempepowereq.com
• Phone Number
• Cell Phone Number Provide contact information below
• e-mail address
4 If offering aftermarket parts, do you certify 100%
_compatibility?
5 What warranty is offered on the parts you supply? 30 days
6 How will you make your pricing information, Email
including updates,available to the City of Tempe?
7.. Please describe in detail the internal process your Pricing will be set in computer to automatic discount
firm will utilize to ensure that pricing offered under
this proposal will be consistent and accurate.
8 Does your company offer parts delivery services? no
a Delivery time after order is placed x
b How many scheduled delivery stops will your x
company make per day at City facilities?
9 How will you supply out of stock parts and parts not Order in and call when ready for pick uo
stock locally?
a What is the time frame for delivery of non-stock 3-5 days for items stocked at distributor level,
or out of stock parts?
10 Do you agree to the Terms and Conditions of this Yes
RFP?
a If No,explain to right
11 List three (3) governmental or large corporate
references for which you currently provide similar
services.
• Firm Name
• Contact Name Provide Reference Information Below
• Phone Number Tempe Union High School(Rudy)480-345-3790
jValley Crest Landscape(Mike Jones) 480-234-3274
Banner Health (Butch Nelson) 480-717-9485
RFP#15-010 26
$
$
$
$
Grou J 3—Turf and Construction Equipment
Manufacturer Offered %Discount from
Manufacturer
Catalog Pricing
Walker Manufacturing 9 %
Kohler Engines 9%
Briggs& Stratton Engines 9
Honda 9%
Hustler 9%
Market Basket Pricing—top 20 selling items Cost
WKR 5740-2 DECK PIN BUSHING 3.88
WKR 5090-1 AIR CLEANER CARTRIDGE 24.58
WKR 5705-4 BLADE 22/LH ROTATION 22.43
WKR 5705-3 BLADE 22/RH ROTATION 22.43
WKR 5090-3 SAFETY FILTER 20.60
WKR 5727-1 WASHER SHIM 5/81D 3.98
WKR 5775-2 HITCH PIN 6 2.98
WKR 8230 ENGINE PTO BELT 57.01
WKR 6250 DRIVE BELT 3VX375 18.44
WKR 6243-2 HYDRO FAN, CCW 6.52
WKR 8067-10 SHR PIN W/COTTER SET 7.70
WKR 7248 GROUND DRIVE BELT/MV 16.01
WKR 5162-11 ROLLER WHEEL 5 POLY 8.43
WKR 8960-20 IGNITION SWITCH UPGRD 32.35
WKR 5245 IDLER PULLEY 3 17.06
RFP#15-010 31
WKR 6243-1 HYDRO FAN, CW 6.52
WKR 5083-1 BUSHING, RUBBER FITS 2.95
WKR 7234-1 BLOWER BELT MICRO V 20.17
WKR 8494 42148E DSCHRGE CHUTE 79.17
WKR 7239-1 BLOWER PULLEY MICRO 35.68
I $
$
$
$
$
$
Grou?4—Fasteners
Manufacturer Offered % Discount from
Manufacturer
Catalog Pricing
RFP#15-010 32
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
x I hereby certify_Tempe Power Equipment, (contractor/vendor)to be in
compliance with Tempe City Code Chapter 2 Article VIII Section 2-603(5).
Date: _7/14/2014
Sig ure
_J.D. Vick Owner
Print Name Title
Tempe Power Equipment
Company
RFP#15-010 38
TEMPE POWER EQUIPMENT,LLC
3222 South Hardy
Tempe .AZ 85282
Phone:480-967-2315
Fax:480-967-2762
Website:www.tempepowerequipment.com
Email: info@tempepowereq.com
Quotation
Generated on 7/18/2014 2:14:27 PM
Bill To: Ship To:
CITY OF TEMPE PURCHASING CITY OF TEMPE PURCHASING
P.O. BOX 5002 P.O. BOX 5002
TEMPE,AZ 85280- TEMPE,AZ 85280-
Phone:480-350-8196
Part Description Qty Price Disc Subtotal Tax Total
ROT 8230 12 CUT OFF SAW BLADE 1.00 16.50 1.48 15.02 1.22 16.24
WKR 5052-1 GEARBOX LH ROTATION 1.00 205.62 22.17 183.45 14.86 198.31
Subtotal: $198.47
Tax: $16.08
Misc Charges: $0.00
Misc Tax: $0.00
Handling: $0.00
Total: $214.55
This quote is good for 30 days.
1
Pricing
Return this Section with your Response
Pricing must be inclusive of all costs including delivered to the designated City of Tempe facility.
The City will not pay fuel surcharges or any other costs.
Two pricing elements will be evaluated. Provide both a discount from manufacturers catalog pricing (if net pricing,
indicate "net" in % column) and your pricing for your top 20 selling items using the manufacturer discount pricing you
have offered.
Group l —Refuse Vehicle Parts
Manufacturer Offered %Discount from
Manufacturer
Catalog Pricing
No Bid We don not sale these item
oio
Market Basket Pricing—top 20 selling items Cost
I $
RFP#15-010 29
$
$
$
$
$
$
$
Group 2—Heavy Duty Truck Parts
Manufacturer Offered %Discount from
Manufacturer
Catalog Pricing
No Bid We don not sale these item
Market Basket Pricing—top 20 selling items Cost
$
1 $
$
$
$
$
$
RFP#15-010 30
7/21/13
Siena ure Authorized Offeror Date
(H:/RFP 3 OS)
INSTRUCTIONS TO PROPOSERS
Failure to follow these instructions shall result in rejection of proposal for non-responsiveness or cancellation of any
Contract awarded.
s L 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,Form 20I-B(RFP).
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 amendments 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.
E. Offeror shall identify each subcontractor to be utilized in the services and/or work set forth herein, in the
proper form as indicated.
2. Late, Unsigned and/or Incomplete Proposal: A late, unsigned and/or materially incomplete proposal will be
considered nonresponsive and rejected.
3. Inquiries: Questions regarding this Request for Proposal shall be directed to the City Procurement Officer
identified on the cover page of this document, unless another City contact is specifically named. Inquiries shall
be submitted in writing, 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 no later than ten (10) days before proposal due date/time. Those received within ten (10)
days of the proposal due date/time shall not be considered. The City reserves the right to contact Offerors to
obtain additional information for use in evaluating proposal and solicitation requirements.
4. Proposal Conference: If a proposal conference is scheduled, Offeror shall attend the conference to seek
clarification of any points of confusion or requirements at issue.
5. 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.
6. 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.
RFP#15-010 3
I No Bid We don not sale these item
%
%
1 I T % 1
Market Basket Pricing—top 20 selling items Cost
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
1
Grou 5—Vehicle Safety Lighting
Manufacturer Offered ( %Discount from
Manufacturer I
RFP#15-010 33
Catalog Pricing
No Bid We don not sale these item
% I
°/)
Market Basket Pricing—top 20 selling items $ Cost
I $
I $
$
$
$
$
$
Group 6—Specialty Tire
Manufacturer Offered %Discount from
RFP#15-010 34
Manufacturer
Catalog Pricing
No Bid We don not sale these item
1
Market Basket Pricing Cost
$
$
$
$
$
$
$
RFP#15-010 35
Groin 7—Miscellaneous(use this category if your offering does not fit any of the other categories)
Manufacturer Offered %Discount from
Manufacturer
Catalog Pricing
Market Basket Pricing Cost
$
I
$
$
$
$
$
$
$
S
*Applicable Tax 8.1 %
* State correct jurisdiction to receive sales tax on the Vendor's Offer,Form 201-B (RFP) included in this Request
for Proposal.
Less prompt payments discount terms of 0 %_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
In order to facilitate internal control and accounting, each City Department will order and must be invoiced separately.
Monthly invoices must be segregated by City Department number and mailed or delivered directly to the City Customer
Department. For most materials,there will be between three(3)and six(6)ordering departments. At the time an order is
placed, the Contractor must obtain the ordering department's cost center numbers for billing purposes. The use of the
department's cost center numbers will be in addition to the purchase order number. Once a month, the Contractor shall
submit a consolidated statement which shall itemize the invoice numbers, invoice date, invoice amounts, and the total
RFP#15-010 36