1-RFP No. 32700046 - Playground Equip and Site Furniture.pdf

CITY OF BUCKEYE

Request for Proposals RFP No. 32700046

PLAYGROUND EQUIPMENT, SITE FURNITURE, AMENITIES,

AND RELATED SERVICES

CONTACT PERSON

Travis M. Stewart

Senior Contracts Administrator City of Buckeye tstewart@buckeyeaz.gov / 623.349.6173

Date Issued: October 22, 2026 Pre-Submittal Conference: November 3, 2026, at 10:00 AM, Local Time Last Day for Questions: November 17, 2026, at 3:00 PM, Local Time RFP Due Date: November 24, 2026, at 3:00 PM, Local Time

PLEASE NOTE: IF DOCUMENTS WERE DOWNLOADED FROM THE CITY OF BUCKEYE’S

PROCUREMENT PORTAL WEBSITE, PROPOSERS ARE RESPONSIBLE FOR OBTAINING ANY

AMENDMENT EITHER THROUGH UPDATES ON THE WEBSITE, OR BY CONTACTING THE

CITY’S CONTACT PERSON.

Playground Equipment, Site Furniture, Amenities, and Related Services RFP No. 32700046 mailto:tstewart@buckeyeaz.gov

TABLE OF CONTENTS

REQUEST FOR PROPOSAL NO. 32700046

SECTION 1 Introduction and Background 3

SECTION 2 Instructions to Offerors 3

SECTION 3 Scope of Work 5

SECTION 4 Pre-Submittal Conference 7

SECTION 5 Evaluation Criteria 8

SECTION 6 Proposal Preparation Instructions 8

SECTION 7 Submittal Form 11

SECTION 8 General Information 12

SECTION 9 Proposal Certification/Conflict of Interest Certification 14

SECTOIN 10 Category Selection Sheet 15

SECTION 11 Pricing Sheet 16

EXHIBITS:

EXHIBIT 1 – Draft Materials and Services Contract 17

Playground Equipment, Site Furniture, Amenities, and Related Services

SECTION 1

INTRODUCTION AND BACKGROUND

The City of Buckeye, Arizona (the “City”), through its Community Services Department, Parks Division, is looking to establish multiple contracts for playground equipment, site furniture, amenities, and related services.

This Request for Proposals (RFP) is looking to identify qualified contractors that can provide playground equipment, park amenities, recreation equipment, site furnishings, safety surfacing, shade structures, fencing, signage and related products, parts, and equipment, along with installation, maintenance, inspection, and related services. While the RFP is being issued on behalf of our Parks Division, it is anticipated that the categories identified in Section 3 will be utilized throughout the City of Buckeye.

1. METHOD OF SELECTION

The intent of the City is to select up to five (5) contractors per category whose proposals are determined to be the most advantageous to the City based on the evaluation factors set forth in this Request for Proposals, depending on the number and quality of submissions. The successful contractors will have demonstrated exceptional qualifications based off of the evaluation criteria and weighting as outlined in Section 5 and 6 of the RFP.

2. REQUEST FOR PROPOSALS

The City will conduct a prequalification screening of all submitted proposals by a designated selection team. The prequalification screening process will rank all submittals received and identify the contractors who, in the City’s sole discretion, best meets the City’s needs. Section 5 details the Criteria and Weighting used for evaluations of submittals. The City reserves the right to reject any or all submissions.

3. NEGOTIATIONS

After a ranking of submittals, the City will offer the highest ranked contractor(s) a thirty (30) day exclusive negotiation period. If there is an impasse in the negotiations, or the City negotiators determine that a contract cannot be achieved, the City reserves the right to go to the next highest ranked contractor. This process may continue through those contractors on the final list until a contract is successfully negotiated. The City reserves the right to reject all proposals at any time, or to cease negotiations over a contract at any time.

SECTION 2

INSTRUCTIONS TO OFFERORS

1. Proposals are to be submitted no later than the Close Date and time listed in the City of Buckeye’s Procurement

Portal. All documents required as part of the solicitation shall be completed, scanned as a .pdf, and added as an attachment to the submittal.

2. You may withdraw your proposal at any time prior to the time and date set for closing. Proposals withdrawn after opening but prior to award, may be withdrawn in accordance with the City of Buckeye Procurement Code.

3. No department or office at the City has the authority to solicit or receive official proposals other than the City’s Procurement and Contracting unit within the Finance Department.

4. The City reserves the right to conduct discussions with proposers, to accept revisions of proposals, and to negotiate price changes. During this discussion period, the City will not disclose any information derived from proposals submitted, or from discussions with other proposers. Once an award is made, the solicitation file, and the proposals contained therein, are in the public record and will be disclosed upon request.

5. The recommendation for award shall be made to the responsible proposer(s) whose proposal is determined to be the most advantageous to the City based on the evaluation factors set forth in this Request for Proposals.

Playground Equipment, Site Furniture, Amenities, and Related Services RFP No. 32700046 https://buckeyeaz.bonfirehub.com/portal/?tab=openOpportunities https://buckeyeaz.bonfirehub.com/portal/?tab=openOpportunities

Price, although a consideration, will not be the sole determining factor. No purchase order is issued with an offeror until a price is successfully negotiated and is approved by the City, as authorized by the City Council.

6. If you are submitting any information you consider to be proprietary and/or confidential, you must save it as a separate file named "Proprietary Information" or “Confidential”. If the Procurement Officer concurs, this information will not be considered public information. The City Manager or designee is the final authority as to the extent of material, which is considered proprietary or confidential. Pricing information cannot be considered proprietary.

7. Your proposal should be submitted in the format shown in Section 6. Proposals in any other format will be considered informal and may be rejected. Conditional proposals will not be considered. An individual authorized to extend a formal proposal must sign all proposals. Proposals that are not signed may be rejected.

8. Definitions:

“May”: Indicates something that is not mandatory but permissible/desirable.

“Shall,” “Must,” “Will”: Indicates mandatory requirement. Failure to meet these mandatory requirements will result in rejection of your proposal as non-responsive.

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

9. Any person, firm, corporation, or association submitting a proposal shall be deemed to have read and understood all the terms, conditions, and requirements in the specifications/scope of work.

10. All responses and accompanying documentation will become the property of the City at the time the proposals are opened.

11. The City shall not reimburse any offeror the cost of responding to a Request for Proposals.

12. The City believes that it can best maintain its reputation for treating service providers and suppliers in a fair, honest, and consistent manner by conducting solicitations in good faith and by granting competitors an equal opportunity to win an award. If you feel that we have fallen short of these goals, you may submit a protest pursuant to the Procurement Code of the City of Buckeye.

SECTION 3

SCOPE OF WORK

It is expected that proposers will select one or multiple categories to submit to where they are able to provide the primary products, equipment, parts, and services identified. It is not expected for a proposer to offer everything in the identified category they are submitting to, and proposers are also not limited to providing information on just the identified items in each category. Proposers may include related goods and services for each category they submit to.

Category 1 – Playground Equipment and Related Services

Including, but not limited to the following:

• Playground equipment;

• Playground/Park safety surfacing/materials;

• Installation services;

• Repair services;

• Replacement parts;

• Maintenance and inspection services.

Category 2 – Outdoor Site Furniture, Amenities, and Related Services

Including, but not limited to the following:

• Benches and seating;

• Picnic tables;

• Bike racks;

• Drinking fountains;

• Water bottle fillers;

• Waste receptacles;

• Game tables;

• Sensory, musical, and interactive play equipment;

• Dog park solutions;

• Installation services;

• Repair services;

• Replacement parts;

• Maintenance and inspection services.

Category 3 – Fencing, Gates, Bollards, and Related Services

Including, but not limited to the following:

• Fencing – various types;

• Gates – various types;

• Bollards;

• Installation services;

• Repair services;

• Replacement parts;

• Maintenance and inspection services.

Category 4 – Shade Structures, Canopies, and Related Services

Including, but not limited to the following:

Playground Equipment, Site Furniture, Amenities, and Related Services

• Shade structures;

• Canopies;

• Ramadas;

• Picnic shelters;

• Installation services;

• Repair services;

• Replacement parts;

• Maintenance and inspection services.

Category 5 – Signage and Related Services

Including, but not limited to the following:

• Signage;

• Installation services.

Category 6 – Splash Pads and Related Equipment/Services

Including, but not limited to the following:

• Splash pads (inclusive of all equipment, plumbing, pumps filtration, concrete, drainage, etc.);

• Installation services;

• Repair services;

• Replacement parts;

• Maintenance and inspection services.

Maintenance and Inspection Services

Related services may include routine safety and preventive maintenance and inspection. The City may request emergency response and warranty support. Contractors may be required to document deficiencies and provide recommendations for corrective action.

Product and Service Requirements

Products shall be commercial grade or better and suitable for intensive public use.

Products and services shall be evaluated based on safety, durability, accessibility, maintainability, expected useful life, warranty coverage, replacement part availability, lifecycle cost, and overall value.

Products and installation methods shall be appropriate for Arizona’s environmental conditions, including extreme heat, prolonged UV exposure, dust, wind, monsoon conditions, and heavy public use.

All items proposed must comply with current applicable safety or regulatory standards or codes.

Permits

Where required for providing the identified goods and services, the contractor shall be responsible for any necessary licenses, permits, inspections, and approvals.

Design and Engineering

Where required, the contractor shall provide or coordinate applicable product drawings, site layouts, shop drawings, foundation plans, structural calculations, installation details, fall-zone layouts, surfacing plans, Playground Equipment, Site Furniture, Amenities, and Related Services engineering certifications, and manufacturer certifications.

Professional services shall be performed by appropriately qualified and licensed professionals when required by law or project requirements.

Warranty and Product Support

The contractor shall provide applicable service warranties and manufacturer warranties for products and/or services supplied and shall assist the City with warranty claims and manufacturer communications.

Warranty information should identify applicable coverage, expected useful life, replacement part availability, and claim procedures.

Turnkey Projects

When authorized by the City, the contractor may provide turnkey services including, but not limited to design assistance, site preparation, remove of existing equipment, amenity procurement, installation, site restoration, inspection, and final cleanup.

Citywide Application and Cooperative Purchasing

The resulting contracts may be utilized for any City-owned or City-controlled properties, including, but not limited to neighborhood parks, community parks, regional parks, special-use parks, playgrounds, recreation facilities, community centers, sports facilities, future recreation facilities, and other authorized locations.

Additionally, specific eligible political subdivisions and nonprofit educational or health institutions (“Eligible Procurement Unit(s)”) are permitted to utilize procurement contracts developed by the City, at their discretion and with the agreement of the awarded contractors. Contractors may, at their sole discretion, accept orders from Eligible Procurement Units for the purchase of the goods and/or services at the prices and under the terms and conditions of the awarded contracts, in such quantities and configurations as may be agreed upon between the parties. All cooperative procurement under the contracts shall be transacted solely between the requesting Eligible Procurement Unit and Contractor. Payment for such purchases will be the sole responsibility of the Eligible Procurement Unit. The exercise of any rights, responsibilities or remedies by the Eligible Procurement Unit shall be the exclusive obligation of such unit. The City assumes no responsibility for payment, performance or any liability or obligation associated with any cooperative procurement under the contracts. The City shall be responsible for any disputes arising out of transaction made by others.

SECTION 4

PRE-SUBMITTAL CONFERENCE

A Pre-Submittal Conference will be held utilizing Microsoft Teams on the date and time listed on the cover page above. The meeting link is below:

Meeting Link

Attendance is not required, but it is encouraged. The conference is an opportunity for all interested vendors to discuss the solicitation directly with City personnel.

RFP No. 32700046 https://teams.microsoft.com/meet/213307535667037?p=LhQrh8Io2gQsmTLd9m

SECTION 5

EVALUATION CRITERIA

A committee will evaluate and rank the offers, based on the following criteria and weighting:

* Cover Letter 0

A Company Profile and Relevant Experience 40

B Method of Approach for Providing Services 40

C References for Providing Similar/Same Services 10

D Pricing and Catalog 10

Total 100

The committee will be comprised of City personnel. Each person on the committee will score each proposal based off of the criteria and weighting above. The City reserves the right to select a company for award based solely off of scoring of the proposals received. Formal interviews may or may not be conducted to determine the proposals most advantageous to the City, if determined necessary by the committee. The City may conduct a due diligence review of the companies receiving the highest scores.

The City will then award a Materials and Services Contract to the vendors whose proposals are deemed the most advantageous to the City for the goods and services.

All companies submitting proposals for this project will be notified of the results via the City’s Procurement Portal website.

SECTION 6

PROPOSAL PREPARATION INSTRUCTIONS

Companies interested in this project should submit a Proposal electronically by November 24, 2026, 3:00 PM Local Time via the City’s Procurement Portal. Submittals must be received by the specified time. The City’s Procurement Portal will not allow uploads beyond the deadline for the solicitation, and the City will not accept submittals after the deadline. All submittals must be uploaded to the solicitation posting on the City of Buckeye’s Procurement Portal website:

https://buckeyeaz.bonfirehub.com/opportunities

Any concerns regarding the receipt of submissions can be directed to the Senior Contracts Administrator, Travis M. Stewart.

To facilitate direct comparisons, your proposal shall be submitted in the following format, listed in order, and index tabbed to match. Your proposal shall include, at a minimum, the information requested below. If offeror fails to provide any of the requested information, except for the mandatory proposal certification, the City may, at its' sole option, ask the offeror to provide the missing information or evaluate the proposal without the missing information.

Proposal Format/Page Limitations:

• Proposal Cover Page (one (1) page maximum)

• Proposal Table of Contents (one (1) page maximum)

• Proposal Cover Letter (two (2) page maximum)

• Proposal Separator Pages (one (1) page per section)

Playground Equipment, Site Furniture, Amenities, and Related Services RFP No. 32700046 https://buckeyeaz.bonfirehub.com/opportunities

• Section A: Company Profile and Relevant Experience (five (5) page maximum)

• Section B: Method of Approach for Providing Services eight (8) page maximum)

• Section C: References for Providing Similar/Same Services (one (1) page limit per reference provided)

• Section D: Pricing and Catalog (no limitation – provided pricing sheet plus additional pages/catalog for other good/services not listed in the pricing sheet)

• Proposal Submittal Form

• Offeror Certification/Conflict of Interest Certification Form

Adherence to the maximum page criterion is critical:

• Each page side (maximum 8-1/2” x 11”) with criteria information will be counted separately.

• Do not use 11” x 14” or 11” x 17” size pages unless specifically authorized.

• Pages that have project photos, charts and/or graphs will be counted towards the required number of pages.

• Cover page, table of contents page, and divider/separator (Section) pages will not be counted against other section limitations unless they include information that could be considered by the selection panel.

• Do not submit additional information not listed herein.

• Font size may not be less than 10 point.

Please be advised that the following will be grounds for disqualification, and will be strictly enforced:

• Receipt of submittal after the specified cut-off date and time.

The City recognizes that submittals may contain confidential or proprietary information; however, the City reserves the right to make inquiries into the information disclosed. The submission of false or misleading information may be grounds for disqualification.

SUBMITTAL CONTENT

Cover Letter (two (2) page maximum)

• Provide a general description/introduction of the company that is proposing to provide goods and/or services, including years in business. Explain the legal organization of the proposed company or team.

• Provide the following information:

o Your company’s full company name, address, phone number, and name, title and email address for your company’s contact person for the services.

o Name, title, email, and signature of person authorized to sign the Proposal Submittal Form. A Proposal signed by an agent shall be accompanied by evidence of that agent’s authority.

o Number of employees.

o Identify any contract or subcontract held by the offeror or officers of the offeror that have been terminated within the last five (5) years. Briefly describe the circumstances and the outcome.

Section A: Company Profile and Relevant Experience (five (5) page maximum)

Provide a description of your company and include the following information:

• Years in business.

• Any certifications/licenses held related to the services provided.

• Experience providing same/similar goods and/or services.

Playground Equipment, Site Furniture, Amenities, and Related Services

• Short summary of contracts currently or previously held within the last five (5) years for same/similar services.

Section B: Method of Approach for Providing Services (eight (8) page maximum)

Describe your approach to providing the goods and/or services. Discuss communication with City personnel, escalation process for identified issues, anticipated timeline for providing identified goods and/or services, and anticipated lifecycle timeline of equipment provided. Provide information on warranties for equipment and services provided, including information on your company’s warranty process and timelines for resolving warranty claims. Include a description of any goods and/or services that haven’t been identified in the RFP that may be of value to the City.

Section C: References for Providing Same/Similar Services (one (1) page per reference provided)

Provide references for same/similar goods and/or services provided to others. Include the following:

• Company/Entity Name

• Point of Contact o Name o Title o Email o Phone Number

• Provide a brief summary of the goods and/or services completed for each reference.

o Include date of goods and/or services provided.

Section D: Pricing and Catalog

Proprosers shall complete the pricing sheet included in Section 11. Proposers shall also provide a catalog of all items and services provided, including replacement parts. All proposed pricing must include either line item pricing or percentage discount from catalog pricing or a combination of both. Catalog pricing should be included for each category a proposer is submitting to.

Prices. All pricing and/or discounts shall be firm for the term of the contract.

Renewal and Extension Pricing. Any extension of the contract will be at the same pricing as the initial term, unless pricing is adjusted via a change order to the Contract. If the Contract is renewed in accordance with Section 8 of the Contract, pricing may be adjusted at the time of renewal.

Additional Materials and Services. Any services and/or items not listed in the Pricing Sheet or included at the time of award can be added via a change order to the contract.

SECTION 7

SUBMITTAL FORM

RFP NO. 32700046 – PLAYGROUND EQUIPMENT, SITE FURNITURE, AMENITIES, AND RELATED SERVICES

Company Name:__________________________________________________________________

Authorized Representative:

Title:

Address:

Phone Number: Email Address:

Fax Number: Website Address:

The undersigned offeror declares to have read and fully understand the Request for Proposals and draft Materials and Services agreement and agrees to all the terms, conditions, and provisions contained therein; and proposes and agrees that if this proposal is submitted and accepted, Supplier will contract to perform in accordance with the Scope of Work and Proposal.

Signature of Authorized Representative:

Date:

Playground Equipment, Site Furniture, Amenities, and Related Services

SECTION 8

GENERAL INFORMATION

City Rights. The City of Buckeye reserves the right to reject any or all Proposals, to waive any informality or irregularity in any Proposals received, and to be the sole judge of the merits of the respective Proposals received.

Acceptance of Evaluation Methodology. By submitting its Proposals in response to this RFP, respondent acknowledges and accepts the evaluation process, the established criteria and associated point values, and that determination of the “most qualified” company will require subjective judgments by the City.

Release of Project Information. The City shall provide the release of all public information concerning this project, including selection announcements and contract award. Those desiring to release information to the public must receive prior written approval from the City.

Contact with City Employees. All companies interested in this project (including the company’s employees, representatives, agents, lobbyists, attorneys, and subconsultants) will refrain, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may play a part in the selection process, including the evaluation panel, the City Manager, Department Heads and other City staff. This policy is intended to create a level playing field for all potential companies, assure that contract decisions are made in public and to protect the integrity of the selection process.

All contact on this selection process should be addressed to the authorized representative identified below.

Data Confidentiality. Except as specifically provided in the Contract, the Consultant or its subconsultants shall not divulge data to any third party without prior written consent of the City.

Legal Worker Requirements. The City of Buckeye is prohibited by A.R.S. § 41-4401 from awarding a contract to any consultant who fails, or whose subconsultants fail, to comply with A.R.S. § 23-214(A). The consultant and each subconsultant shall comply with all federal immigration laws and regulations related to their employees and compliance with the stated law. The City of Buckeye retains the legal right to inspect the papers of any consultant or subconsultant employee who is awarded a contract to ensure that the firm or subconsultant is complying with the law.

Lawful Presence Requirement. Pursuant to A.R.S. §§ 1-501 and 1-502, the City of Buckeye is prohibited from awarding a contract to any natural person who cannot establish that such person is lawfully present in the United States. To establish lawful presence, a person must produce qualifying identification and sign a City-provided affidavit affirming that the identification provided is genuine. This requirement will be imposed at the time of the contract award. This requirement does not apply to business organizations such as corporations, partnerships or limited liability companies.

Protest Procedures. Companies wishing to respond to disqualification, or a procurement outcome may refer to The City of Buckeye Procurement Code, Section 24-3-17 which governs protest procedures utilized throughout the selection process.

Suspension/Debarment. By submitting a Proposal in response to this solicitation, the respondent is certifying that it is neither debarred nor suspended nor under consideration for suspension or debarment by any federal, state, or local government or agency. If a respondent is not able to so certify, the respondent must submit a letter that identifies the agency involved and a contact and explain why respondent is suspended, debarred, or being considered for suspension or debarment.

Questions. Questions pertaining to this selection process or contract issues shall be directed through the City’s Procurement Portal website. All questions must be received by the last day for questions. Failure to submit questions by this deadline may result in the question not being answered. Responses to questions that materially

Playground Equipment, Site Furniture, Amenities, and Related Services change the scope or intent of this RFP will be issued via amendment on the City of Buckeye’s Procurement Portal website. The City may or may not notify respondents of posting of amendments. Therefore, it is the sole responsibility of respondents to check the website periodically for all issued amendments. Failure to include acknowledgement of all amendments may be cause for rejection of the proposal.

Note that the City may answer informal questions orally. The City makes no warranty of any kind as to the correctness of any oral answers and uses this process solely to provide minor clarifications rapidly. Oral statements or instructions shall not constitute an amendment to this Request for Proposals. Offerors shall not rely on any verbal responses from the City. If you have formal questions about any part of this Request for Proposals, which could result in a material issue or a formal amendment to this Request for Proposals, submit your questions via the solicitation page for this RFP on the City’s Procurement Portal website.

SECTION 9

PROPOSAL CERTIFICATION/CONFLICT OF INTEREST CERTIFICATION

City of Buckeye Finance Department 530 Monroe Avenue Buckeye, Arizona 85326

The undersigned certifies that to the best of his/her knowledge: (check only one)

( ) There is no officer or employee of City of Buckeye who has, or whose relative has, a substantial interest in any contract resulting from this request.

( ) The names of any and all public officers or employees of City of Buckeye who have, or whose relative has, a substantial interest in any contract resulting from this request, and the nature of the substantial interest, are included below or as an attachment to this certification. In compliance with Request for Proposal No. 32700046, for Playground Equipment, Site Furniture, Amenities, and Related Services in the City of Buckeye and after carefully reviewing all the terms, conditions and requirements contained therein, the undersigned agrees to furnish such goods/services in accordance with the specifications/scope of work.

AMENDMENTS: Receipt of the following Amendments is acknowledged, and the provisions are included in this

RFP:

Amendment No.___________ Dated_

Firm Name: ___________________________________________________

Address: ______________________________________________________

City: ____________________________, State: ________ Zip: ___________

(Signature Required)

(Print name)

(Print title) (Federal Taxpayer ID Number)

(Date)

SECTION 10

CATEGORY SELECTION SHEET

Select Category or Categories

Category Category Description Selected (*)

1 Playground Equipment and Related Services

2 Outdoor Site Furniture, Amenities, and Related Services

3 Fencing, Gates, Bollards, and Related Services

4 Shade Structure, Canopies, and Related Services

5 Signage and Related Services

6 Splash Pads and Related Equipment/Services

SECTION 11

PRICING SHEET

Playground Equipment, Site Furniture, Amenities, and Related Services Item No. Equipment/Part/Service Description Unit Price Catalog Discount %

1 Labor - General (Shop) Hr 2 Labor - General (Field) Hr 3 Labor - Emergency/After Hours Hr 4 Electrical Hr 5 Plumbing Hr 6 Inspection Services Hr 7 Design Services Hr 8 Engineering Services Hr 9 Misc. Supplies and Materials %

*Any items listed above that don't apply to a particular category can be marked as N/A.

**Proposers to provide pricing and/or catalog discount percentage.

***Pricing/discounts can be updated once per year.

****Misc. supplies and materials are supplies/materials not identified in the catalog that are needed for providing the items or services identified in any of the categories and catalog. Pricing should be markup percentage off of cost.

Proposers shall provide a separate pricing sheet and/or catalog of all items and services provided for each category being submitted to.

EXHIBIT 1

TO

RFP NO. 32700046

PLAYGROUND EQUIPMENT, SITE FURNITURE, AMENITIES, AND RELATED SERVICES

[DRAFT MATERIALS AND SERVICES CONTRACT]

CONTRACT FOR MATERIALS AND SERVICES

BETWEEN

THE CITY OF BUCKEYE

AND

TBD

PLAYGROUND EQUIPMENT, SITE FURNITURE, AMENITIES,

AND RELATED SERVICES

CONTRACT NO. TBD

This Contract is entered into this day of , 202_ by and between the City of Buckeye, a municipal corporation (“City”), and CONTRACTOR NAME, an State corporation/limited liability company (“Contractor”).

WHEREAS, the City desires to receive, and Contractor is able to provide services;

NOW THEREFORE, in consideration for the mutual promises contained herein, the parties agree as follows:

1. Standard Terms and Conditions: The City of Buckeye Standard Terms and Conditions, attached hereto as Exhibit A are hereby incorporated in this Contract by reference and shall apply to performance of this Contract, except to the extent modified by Exhibit C (Pricing).

2. Insurance: Contractor shall meet Insurance Requirements of the City as set forth in Exhibit B attached hereto and incorporated herein by reference.

3. Compensation: Payment to the Contractor for the materials and/or services provided the total not-to-exceed XXXXXX Dollars and XXXX Cents ($XXXX.XX) including other fees and taxes, to be made in accordance with the price list and terms set forth in the Pricing attached hereto as Exhibit C and incorporated herein by reference.

4. Scope of Work: Contractor shall provide the materials and services generally described in the Request for Proposals No. 32700046, “Playground Equipment, Site Furniture, Amenities, and Related Services,” (the “RFP”), and the Contractor’s Proposal in response to the RFP (the “Proposal”), which are on file with the City’s Finance Department and are incorporated herein by reference.

5. Contract Term: This Contract shall be effective as of the date set forth above for approval and remain in effect for one (1) year (the “Initial Term), unless such term is modified or extended pursuant to section 8 Renewal.

6. Partial Award: The City reserves the right to make multiple awards or to award by (i) bid schedule, (ii) individual line item, (iii) by group of line items, Playground Equipment, Site Furniture, Amenities, and Related Services or (iv) as a total, whichever is deemed in the best interest to the City.

7. Quantities; Non-Exclusive: Unless the solicitation states otherwise, the Contract will be non-exclusive, and the City makes no guarantees as to the amount of products or services to be utilized from a Bidder. The City reserves the right to add or remove products or services during the term of the Contract.

8. Renewal: This Contract shall automatically be renewed or extended for up to four (4) additional one (1) year terms (each, a “Renewal Term”), unless otherwise terminated by either party. The Initial Term and any Renewal Term(s) are collectively referred to herein as the “Contract Term.”

Upon renewal, the terms and conditions of this Contract Shall remain in full force and effect.

9. Notice: Any formal notice required under this Contract shall be in writing and sent by certified mail and email as follows:

City:

Attn: Procurement City of Buckeye 530 E Monroe Ave Buckeye AZ 85326 Email: contracts@buckeyeaz.gov

Contractor:

Name Address City, State, and ZIP

With a copy to:

Attn: City Attorney City of Buckeye 530 E Monroe Ave Buckeye AZ 85326 Email: legal@buckeyeaz.gov

With a copy to:

Name Address City, State, and ZIP

10. Authority: Each party warrants that it has authority to enter into this Contract and perform its obligations hereunder, and that it has taken all actions necessary to enter into this Contract.

11. Contract Controls. In the event of any inconsistency between this Contract and the Exhibits hereto, the documents shall govern in the following order:

(1) This Contract for Materials and Services; (2) Exhibit A (Standard Terms and Conditions); (3) Exhibit B (City of Buckeye Standard Insurance Requirements); (4) Exhibit C (Pricing).

12. Time is of Material Importance. Time is of material importance to each and every provision of this Contract.

[Signatures on Following Page]

Amenities, and Related Services RFP No. 32700046 mailto:contracts@buckeyeaz.gov mailto:legal@buckeyeaz.gov

CITY

THE CITY OF BUCKEYE, an Arizona municipal corporation

[signature]

[title]

CONTRACTOR

Name, an State corporation/limited liability company

RECOMMENDED:

ATTEST:

APPROVED AS TO FORM:

EXHIBIT A

STANDARD TERMS AND CONDITIONS

IN GENERAL

1. NOTICE TO PROCEED: Contractor shall not commence performance until after City has issued a Notice to Proceed or similar notice reasonably expected to notify Contractor to commence delivery of goods and/or services.

2. LICENSES AND PERMITS: Contractor, at its expense, shall maintain current federal, state, and local licenses, permits and approvals required for performance of the Contract and upon request provide copies to the City.

3. COMPLIANCE WITH LAWS: Contractor shall comply with all applicable federal, state and local laws, regulations, standards, codes and ordinances in performance of this Contract.

4. NON-EXCLUSIVE: Unless expressly provided otherwise in the Contract, this Contract is non-exclusive and the City reserves the right to contract with others for materials or services.

5. SAMPLES: Any sample submitted to the City by the Contractor and relied upon by City as representative of quality and conformity, shall constitute an express warranty that all materials and/or service to be provided to City shall be of the same quality and conformity.

MATERIALS

6. PURCHASE ORDERS: The City will issue a purchase order(s) for the materials covered by the Contract, and such order will reference the City’s Contract number.

7. QUALITY: Contractor warrants that all materials supplied under this Contract will be new and free from defects in material or workmanship. The materials will conform to any statements made on the containers or labels or advertisements for the materials, and will be safe and appropriate for use as normally used. City’s inspection, testing, acceptance or use of materials shall not serve to waive these quality requirements. This warranty shall survive termination or expiration of the Contract.

8. ACCEPTANCE: All materials and services provided by Contract are subject to final inspection and acceptance by the City. Materials and services failing to conform to the Contract specifications may be rejected in whole or part. If rejected, Contractor is responsible for all associated costs arising from rejection.

9. MANUFACTURER’S WARRANTIES: Contractor shall deliver all Manufacturer’s Warranties to City upon City’s acceptance of the materials.

10. PACKING AND SHIPPING: Contractor shall be responsible for industry standard packing which conforms to requirements of carrier’s tariff. Containers shall be clearly marked as to lot number, destination, address and purchase order number. All shipments shall be F.O.B. Destination, City of Buckeye, 530 E. Monroe Avenue, Buckeye, Arizona 85326, unless otherwise specified by the City (the “point of delivery”). ‘Cash-on-Delivery’ (C.O.D.) shipments will not be accepted.

Playground Equipment, Site Furniture, Amenities, and Related Services

11. TITLE AND RISK OF LOSS: The title and risk of loss of material shall not pass to the City until the City actually receives the material at the point of delivery, and the City has completed inspection and has accepted the material, unless the City has expressly provided otherwise in the Contract.

12. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender of materials shall fully comply with all provisions of the Contract. If a tender is made which does not fully conform, this shall constitute a breach and Contractor shall not have the right to substitute a conforming tender without prior written approval from the City, which such approval will not be unreasonably withheld by the City.

13. DEFAULT IN ONE INSTALLMENT TO CONSTITUTE TOTAL BREACH: Contractor is not authorized to substitute nonconforming materials, or services. Delivery of nonconforming materials, and/or services, or a default of any nature shall constitute a breach of the contract. At the option of the City, Contractor shall deliver conforming materials, or services, in each installment or lot of the contract.

14. SHIPMENT UNDER RESERVATION PROHIBITED: Contractor is not authorized to ship materials under reservation and no tender of a bill of lading shall operate as a tender of the materials.

15. LIENS: All materials and other deliverables supplied to the City shall be free of all liens other than the security interest held by Contractor until payment in full is made by the City. Upon request of the City, Contractor shall provide a formal written release of all liens.

16. CHANGES IN ORDERS: The City reserves the right at any time to make changes in any one or more of the following: (a) methods of shipment or packing; (b) place of delivery;

and (c) quantities. If any change causes an increase or decrease in the cost of or the time required for performance, an equitable adjustment may be made in the price or delivery schedule, or both. Any claim for adjustment shall be evidenced in writing and approved by the City Procurement Officer or designee prior to the institution of the change.

PAYMENT

17. INVOICES: A separate invoice shall be issued for each shipment and each job completed.

Invoices shall include City the Contract Number and/or Purchase Order number, and dates when goods were shipped or work performed. Invoices shall be sent within thirty

(30) days following performance. Payment will only be made for satisfactory materials and/or services received and accepted by City.

18. LATE INVOICES: The City may deduct up to 10% of the payment price for late invoices.

The City operates on a fiscal year budget, from July 1 through the following June 30.

Except in unusual circumstances, which are not due to the fault of Contractor, City will not honor any invoices or claims submitted after August 15 for materials or services supplied in the prior fiscal year.

19. TAXES: Contractor shall be responsible for payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s performance of this Contract. Such taxes include but are not limited to federal and state income tax, social security tax, unemployment insurance taxes, transaction privilege taxes (TPT), use taxes, and any other taxes or business license fees as required.

Exception: The City will pay any taxes which are specifically identified as a line item dollar amount in the Contractor’s bid, proposal, or quote, and which were considered and approved by the City as part of the Contract award process. In this event, taxes shall be

Playground Equipment, Site Furniture, Amenities, and Related Services identified as a separate line item in Contractor’s invoices.

20. FEDERAL EXCISE TAXES: The City is exempt from paying certain Federal Excise Taxes and will furnish an exemption certificate upon request.

21. FUEL CHARGES: Contractor at its own expense is liable for all fuel costs related to performance. No fuel surcharges will be accepted or paid unless the parties expressly agree to surcharges in writing.

22. DISCOUNTS: If the Contract provides for payment discounts, payment discounts will be computed from the later date of the following: (a) when correct invoice is received by the City; and (b) when acceptable materials and/or materials were received by City.

23. AMOUNTS DUE TO THE CITY: Contractor must be current and remain current in all obligations due to the City during performance. Payments to Contractor may be offset by any delinquent amounts due to City or fees and charges owed to City under this Contract.

24. OFAC: No City payments may be made to any person in violation of Office of Foreign Assets Control regulations, 31 C.F.R. Part 501.

SERVICES

25. INDEPENDENT CONTRACTOR: Contractor shall be an independent contractor for purposes of all laws, including but not limited to the Fair Labor Standards Act, Federal Insurance Contribution Act, Social Security Act, Federal Unemployment Tax Act, Internal Revenue Code, Immigration and Naturalization Act; Arizona revenue and taxation, workers’ compensation, and unemployment insurance laws.

26. CONTROL: Contractor shall be responsible for the control of the scope of work.

27. WORK SITE: Contractor shall inspect the work site and notify the City in writing of any deficiencies or needs prior to commencing work.

28. SAFEGUARDING PROPERTY: Contractor shall be responsible for any damage to real property of the City or adjacent property in performance of the work and safeguard the worksite.

29. QUALITY: All work shall be of good quality and free of defects, performed in a diligent and professional manner.

30. ACCEPTANCE: If work is rejected by the City due to noncompliance with the Contract, The City, after notifying Contractor in writing, may require Contractor to correct the deficiencies at Contractor’s expense, or cancel the work order and pay Contractor only for work properly performed.

31. WARRANTY: Contractor warrants all work for a period of one (1) year following final acceptance by the City. Upon receipt of written notice from the City, Contractor, at its own expense, shall promptly correct work rejected as defective or as failing to conform to the Contract, whether observed before or after acceptance, and whether or not fabricated, installed or completed by Contractor, and shall bear all costs of correction. If Contractor does not correct deficiencies within a reasonable time specified in the written notice from the City, the City may perform the work and Contractor shall be liable for the costs. This one-year warranty is in addition to, and does not limit, Contractor’s other obligations herein. This warranty shall survive termination or expiration of the Contract.

INSPECTION, RECORDS, ADMINISTRATION

32. RECORDS: The City shall have the right to inspect and audit all Contractor books and records related to the Contract for up to five (5) years after completion of the Contract.

33. RIGHT TO INSPECT BUSINESS: The City shall have the right to inspect the place of business of the Contractor or its subcontractor during regular business hours at reasonable times, to the extent necessary to confirm Contract performance.

34. PUBLIC RECORDS: This Contract and any related materials are a matter of public record and subject to disclosure pursuant to Arizona Public Records Law, A.R.S. § 39-121 et seq. If Contractor has clearly marked its proprietary information as “confidential”, the City will endeavor to notify Contractor prior to release of such information.

35. [Reserved].

INDEMNIFICATION, INSURANCE

36. GENERAL INDEMNIFICATION: To the fullest extent permitted by law, the Consultant shall indemnify, defend and hold harmless the City and each council member, officer, employee, or agent thereof (the City 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 Consultant, its officers, employees, agents, or any tier of subcontractor in the performance of this Contract. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section.

37. INSURANCE: Contractor shall maintain all insurance coverage required by the City, including public liability and worker’s compensation.

38. INTELLECTUAL PROPERTY INDEMNIFICATION: Contractor shall indemnify and hold harmless the City against any liability, including costs and expenses, for infringement of any patent, trademark or copyright or other proprietary rights of any third parties arising out of contract performance or use by the City of materials furnished or work performed under this Contract. Contractor shall promptly assume full responsibility for the defense of any suit or proceeding which is, has been, or may be brought against the City and its agents for alleged infringement, or alleged unfair competition resulting from similarity in design, trademark or appearance of goods, and indemnify the City against any and all expenses, losses, royalties, profits and damages, attorneys fees and costs resulting from such proceedings or settlement thereof. This indemnification shall survive termination or expiration of the Contract.

CONTRACT CHANGES

39. PRICE INCREASES: Except as expressly provided for in the Contract, no price increases will be approved.

40. COMPLETE AGREEMENT: The Contract is intended to be the complete and final agreement of the parties.

41. AMENDMENTS: This Contract may be amended by written agreement of the parties.

42. SEVERABILITY: If any term or provision of this Contract is found by a court of competent

Playground Equipment, Site Furniture, Amenities, and Related Services jurisdiction to be illegal or unenforceable, then such term or provision is deemed deleted, and the remainder of this Contract shall remain in full force and effect.

43. NO WAIVER: Each party has the right to insist upon strict performance of the Contract, and the prior failure of a party to insist upon strict performance, or a delay in any exercise of any right or remedy, or acceptance of materials or services, shall not be deemed a waiver of any right to insist upon strict performance.

44. ASSIGNMENT: This Contract may be assigned by Contractor with prior written consent of the City, which will not be unreasonably withheld. Any assignment without such consent shall be null and void. Unless expressly provided for in a separately executed Consent to Assignment, no assignment shall relieve Contractor (Assignor) from any of its obligations and liabilities under the Contract with respect to City. The Chief Financial Officer shall have authority to consent to an assignment on behalf of City.

45. BINDING EFFECT: This Contract shall be binding upon and inure to the benefit of the parties and their successors and assigns.

EMPLOYEES AND SUBCONTRACTORS

46. SUBCONTRACTING: Contractor may subcontract work in whole or in part with the City’s advance written consent. City reserves the right to withhold consent if subcontractor is deemed irresponsible and/or subcontracting may negatively affect performance. All subcontracts shall comply with the underlying Contract. Contractor is responsible for Contract performance whether or not subcontractors are used.

47. NONDISCRIMINATION: Contractor warrants that it complies with all applicable federal, state and local laws and executive orders regarding employment. Contractor will not discriminate against any employee or applicant for employment or person who provides services because of race, color, national origin, religion, gender, age, disability, marital or familial status, veteran status or political affiliation. See City of Buckeye city code § 3-3- 2, as may be amended from time to time.

48. DRUG FREE WORKPLACE: The City has adopted a Drug Free Workplace policy for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor personnel shall abstain from use or possession of illegal drugs while engaged in performance of this Contract.

49. IMMIGRATION LAWS: Pursuant to A.R.S. § 41-4401, Contractor hereby warrants to the City that the Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all State and Federal Immigration laws and regulations…