3-26-004 RFQ.docx

Supplier Sustainability Questionnaire

REQUEST FOR QUOTATION

26-004

BUS WASH SYSTEM MAINTENANCE AND REPAIR SERVICES

RFQ ISSUE DATE:

SEPTEMBER 9, 2025

DEADLINE FOR INQUIRIES/QUESTIONS:

SEPTEMBER 23, 2025, 5:00 P.M. LOCAL ARIZONA TIME

RFQ DUE DATE AND TIME:

OCTOBER 8, 2025 3:30 P.M. LOCAL ARIZONA TIME

To join the RFQ opening at the due date and time via Microsoft Teams, please use the following link: Join the meeting now

Meeting ID: 295 630 735 763 0 Passcode: kr36AQ7B

ALL INQUIRIES MUST BE DIRECTED TO:

Elaine Ngai EMAIL: elaine_ngai@tempe.gov

Submit Electronic Proposal and Documents To:

https://tempe-gov.bonfirehub.com

The City Procurement Office is dedicated to providing fair and equitable procurement opportunities for all firms seeking to do business with the City. We actively encourage the participation of small businesses, BIPOC-owned enterprises, and other disadvantaged firms.

Supplier Sustainability Questionnaire

Table of Contents

Standard Terms and Conditions Failure to follow these instructions shall result in rejected of a bid for non-responsiveness or cancellation of any Contract awarded.

1. Certification: By signing the “Vendor’s Offer”, the Offeror certifies:

A. The submission of the quotation did not involve collusion or other anti-competitive practices.

B. Offeror agrees that it will comply with section 2-603(5) of the Tempe City Code (“TCC”) and will not refuse to hire or employ or bar or discharge from employment any person or discriminate against such person in compensation, conditions, or privileges of employment because of race, color, gender, gender identity, sexual orientation, religion, national origin, familial status, age, disability, or United States military veteran status. Offeror further agrees to provide a copy of its antidiscrimination policy to the Procurement Officer to demonstrate compliance with TCC section 2-603(5) or attest in writing to its compliance in accordance with the attached Affidavit of Compliance.

C. Offeror has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted Offer. Failure to sign the “Vendor’s Offer” or signing it with a false statement shall void the submitted quote and any resulting Contract. In addition, the Offeror may be barred from future quote 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 Quotation and resultant contract award. Violation of this condition shall be grounds for contract termination by the City.

E. The Offeror expressly warrants that it has and will continue to comply in all respects with Arizona law concerning employment practices and working conditions, pursuant to A.R.S. § 23-211, et seq., and all laws, regulations, requirements and duties relating thereto. Offeror further warrants that to the extent permitted by law; it will fully indemnify the City for any and all losses arising from or relating to any violation thereof.

F. Offeror 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, Arizona Executive Order No. 99-4, and the Arizona Fair and Legal Employment Act, along with all laws, rules and regulations attendant thereto. Offeror acknowledges that a breach of this warranty is a material breach of this Contract and Offeror is subject to penalties for violation(s) of this provision, including termination of this Contract. The City retains the right to inspect the documents of any and all contractors, subcontractors and sub-subcontractors performing work and/or services relating to the Contract to ensure compliance with this warranty. Any and all costs associated with City inspection are the sole responsibility of Offeror. Offeror hereby agrees to indemnify, defend and hold the City harmless for, from and against all losses and liabilities arising from any and all violations thereof.

G. Compliance with A.R.S. § 35-394. Contractor hereby certifies that it does not currently, and agrees for the duration of this Agreement, that Contractor will not, use: 1. The forced labor of ethnic Uyghurs in the People’s Republic of China; 2. Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or 3. Any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. Contractor hereby agrees to indemnify and hold harmless the Customer, its officials, employees, and agents from any claims or causes of action relating to the Customer’s action based upon reliance upon this representation, including the payment of all costs and attorney fees incurred by the Customer in defending such as action. Curing the term of agreement, Contractor shall alert the City within five (5) days after becoming aware of its noncompliance with this statute and cure any noncompliance within 180 days after initial notification of noncompliance. Failure to cure in accordance with the provisions of this statute shall result in contract termination.

H. If the Contractor engages in for-profit activity and has 10 or more employees, and if this Contract has a value of $100,000 or more, Contractor certifies it is not currently engaged in and agrees for the duration of this Contract to not engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. Unless and until the U.S. District Court, District of Arizona’s injunction is lifted, A.R.S. § 35-393.01 is unenforceable.

2. New Materials/Equipment: Unless otherwise specifically provided in this Request for Quotation, all materials and services covered by this contract shall be completely new, of the latest model and of the most suitable grade for the purpose intended. Any and all work under this contract shall be performed in a skilled and workmanlike manner.

3. Mistakes and Errors: In case of error in the extension prices in the quotation, the unit price will govern. No quotation shall be altered, amended or withdrawn after the specific date and time for receiving quotations. Negligence by the vendor in preparing the quotation response confers no right for the withdrawal of the quotation after it has been opened.

4. Award Discretion: Unless the vendor states otherwise, the City Procurement Office reserves the right to award by individual line item, by groups of line items or as a total, whichever is deemed most advantageous to the City.

5. Additional Purchases: Quotations may with the consent of the awarded vendor(s)/contractor(s) be utilized to satisfy new requisition needs for similar quantities of the same product for a period up to one (1) year. Quotations that exceed $100,000 in total cost, including tax and shipping, cannot be awarded by a Request for Quotation and should any resulting contract exceed the $100,000 limit, the Contract shall become terminated.

6. Invoice: A separate invoice shall be issued for each shipment, and no payment will be issued prior to receipt of materials or services and correct invoice.

7. Payment: Payment discount periods will be computed from the date of receipt of materials or services or correct invoice, whichever is later, to the date payment warrant is mailed. Unless freight and other charges are itemized, any discount provided will be taken on full amount of invoice. Payment discounts of thirty (30) calendar days or more will be deducted from the quote price in determining the lowest quotation. However, the Procurement Officer shall be entitled to take advantage of any payment discount offered by the vendor provided payment is made within the discount period.

8. Cooperative Use of Contract: Any Contract resulting from this solicitation shall be for the use of the City of Tempe. In addition, public and nonprofit agencies that have entered into a Cooperative Purchasing Agreement with the City of Tempe’s Department of Procurement are eligible to participate in any subsequent contract. Additionally, this Contract is eligible for use by the Strategic Alliance for Volume Expenditures (SAVE) cooperative. See http://www.mesaaz.gov/business/purchasing/save for a listing of participating agencies. The parties agree that these lists are subject to change. Any such usage by other municipalities and government agencies must be in accord with the ordinance, charter and/or rules and regulations of the respective political entity.

Any orders placed to, or services required from, the successful contractor(s) will be requested by each participating agency. Payment for purchases made under this Contract 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.

9. Calendar Days: Periods of time shall be in calendar days unless otherwise designated.

10. Rejection of Quotation: The City reserves the right to reject any or all quotations, combination of items, or lots, and to waive informalities not consistent with law.

11. Authorization: Erasures, interlineations or other changes must be initialed by the individual signing the Request for Quotation.

12. 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.

13. Uniform Commercial Code: This Request for Quotation and any resulting contract shall be governed by the Uniform Commercial Code, as adopted in the State of Arizona.

14. Brand Name or Equal Specifications: When the specification calls for “Brand Name or Equal,” the brand name product or equivalent is acceptable. The use of a brand name is for the purposes of describing the standard of quality, performance, and characteristics desired and is not intended to limit or restrict competition. If an Offeror wishes to provide a material or service that is not the brand name, the equivalent material or service must meet the standard of quality of the brand name product, which is determined at the City’s sole discretion. Equivalent products will be considered upon showing the other product meets stated specifications and is equivalent to the brand name product in terms of quality, performance and desired characteristics. Products that are substantially equivalent to those brands designated will qualify for consideration. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the Offeror. The City reserves the right to reject quotations that the City deems unacceptable for any reason.

15. Termination for Conflict of Interest: This Contract is subject to the cancellation provisions of AR.S. 38-511. The City may cancel this Contract within three (3) years after its execution, without penalty or further obligation if any person significantly involved in initiating, securing, drafting or creating the Contract for the City becomes an employee or agent of the Contractor.

16. Freight Conditions: Prices quoted 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 risks of transportation and all related charges shall be the responsibility of the contractor. The City will notify the contractor promptly of any damaged goods and shall assist the Contractor in arranging for inspection.

17. Availability of Funds for the Next Fiscal Year: Funds are not presently available for performance under this Contract beyond the current fiscal year. The City's obligation for performance of this contract beyond this fiscal year is contingent upon the availability of funds from which payment for contract purposes can be made. No legal liability on the part of the City for any payment may arise for performance under this Contract beyond the current fiscal year until funds are made available for performance of this Contract.

18. Events of Default and Termination:

A. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from the receipt of the written notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide written notice of the default does not waive any rights under the Contract. The occurrence of any one or more of the following events shall constitute a material breach of and default under the Contract.

i) Any failure by Contractor to pay funds or furnish materials, services and/or goods that fail to conform to any requirement of this Contract or provide personnel that do not meet contract requirements;

ii) Any party’s failure to observe, perform or undertake any provision, covenant or condition of this Contract to be observed or performed by Contractor or City herein, including but not limited to failing to submit any report required herein;

iii) Any failure to make progress in the performance required pursuant to the Contract and/or gives either party reason to believe that the other party cannot or will not perform to the requirements of the Contract; or,

iv) Any failure of Contractor to commence construction, work or services within the time specified herein, and to diligently undertake Contractor’s work to completion.

B. In the event the default has not been corrected to the non-defaulting party’s satisfaction within the cure time specified, the non-defaulting party, at its option and in addition to any other remedies available by law or in equity, without further notice or demand of any kind to Contractor, may do the following:

i) Terminate the Contract;

ii) Pursue and/or reserve any and all rights for claims to damages for breach or default of the Contract; and/or,

iii) Recover any and all monies due from Contractor, including but not limited to, the detriment proximately caused by Contractor’s failure to perform its obligations under the Contract, or which in the ordinary course would likely result therefrom, including, any and all costs and expenses incurred by the City in: (a) maintaining, repairing, altering and/or preserving the premises (if any) of the project; (b) costs incurred in selecting and retaining a substitute Contractor for the purchase of services, materials and/or work; and/or (c) attorneys’ fees and costs in pursuing any remedies under the Contract and/or arising therefrom. Operational and/or ergonomic compatibility with existing City resources, as applicable;

C. The exercise of any one of the City’s remedies as set forth herein shall not preclude subsequent or concurrent exercise of further or additional remedies. In addition, the City shall be entitled to terminate this Contract at any time, in its discretion. The City may terminate this Contract for default, non-performance, breach or convenience, or pursuant to A.R.S. § 38-511, or abandon any portion of the project for which services have not been fully and/or properly performed by the Contractor.

D. Termination shall be commenced by delivery of written notice to Contractor by the City personally or by certified mail, return receipt requested. Upon notice of termination, Contractor shall immediately stop all work, services and/or shipment of goods hereunder and cause its suppliers and/or subcontractors to cease work pursuant to the Contract. Contractor shall not be paid for work or services performed or costs incurred after receipt of notice of termination, nor for any costs incurred that Contractor could reasonably have avoided.

E. The City, in its sole discretion, may terminate or reduce the scope of this Contract if available funding is reduced for any reason.

F. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made, and no written assurance is given within the time period required, the City may treat this failure as an anticipatory repudiation of the Agreement.

Evaluation criteria will include, but are not limited to:

A. Conformity with solicitation specifications, performance requirements, terms and conditions and contractual clauses;

B. Demonstrated performance and/or rated quality of items offered as reported in trade journals, professional reports and published testing results;

C. Operational and/or ergonomic compatibility with existing City resources, as applicable;

D. Availability of competent service and prompt delivery of supplies, parts and services;

E. Having legally required licenses, certifications and/or qualifications to perform the Contract;

F. Cost considerations including item pricing; delivery, installation, operation and life cycle costs; vendor’s financial capability to perform the contract; and any other cost factors that would be advantageous to the City.

G. Record of past performance and integrity on City and/or other public agency contracts; and

H. Production capability of equipment as determined by product samples, customer references, and/or City inspection.

I. The overall length and quality of warranty offered.

21. Non-exclusive Contract: Any contract resulting from this solicitation shall be awarded with the understanding and agreement that it is for the sole convenience of the City of Tempe. The City reserves the right to obtain like products or services from another source to secure significant cost savings or when timely delivery cannot be met by the Contractor.

22. 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 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:

A. If intended for the City, to:

City of Tempe Procurement Office Attn: Elaine Ngai PO Box 5002 Tempe, Arizona 85280 B. If intended for the Contractor, to:

The Contractor at the Contractor’s address and the attention of the person named in the offer of this Contract or to such other address as either party may from time to time furnish in writing to the other by notice hereunder.

Any notice so mailed shall be deemed to have been given as of the date such notice is received as shown on the return receipt. Furthermore, such notice may be given by delivering personally such notice, if intended for the City, to the City Procurement Administrator and, if intended for the Contractor, to the person named in the offer of this Contract, or to such other person as either party may from time to time furnish in writing to the other by notice hereunder. Any notice so delivered shall be deemed to have been given as of the date such notice is personally delivered to the other party.

23. Offer Acceptance Period: In order to allow for an adequate evaluation, the City requires a quotation in response to this solicitation to be valid and irrevocable for ninety (90) days after the quotation opening time and date.

24. Contract Modifications: This Request for Quotation and resultant contact may only be modified by a written contract modification issued by the Procurement Office and counter-signed by the Contractor. Contractors are not authorized to modify any portion of this solicitation or resulting contract without the written approval of the Procurement Office and issuance of an official modification notice.

25. Quotation Opening: Quotations shall be opened at the time and place designated on the cover page of this document. The name of each offeror and quoted prices shall be publicly read and recorded in the presence of witnesses. After contract award, the quotation and the evaluation documentation shall be open for public inspection.

26. Taxes: Include any applicable sales tax as a separate line item as indicated on the Price Section. The City is exempt from paying Federal Excise Tax. For evaluation purposes, the transaction (sales) Privilege Tax paid to the City of Tempe (1.8%) will be considered as a pass-through cost and calculated as zero ($0) expense when comparing pricing among competing companies that are located outside of Tempe but within Arizona. For information on privilege sales tax, please contact the City’s Tax and License Office at 480-350-2955 or visit their website at salestax@tempe.gov.

27. Contracts Administration: Contractor must notify the City Procurement Office (designated Procurement Officer) for guidance or direction of matters of contract interpretation or problems regarding the terms, conditions or scope of this Contract.

28. Licenses: 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.

29. Permits: The Contractor shall be responsible for obtaining all required permits for installations.

30. 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.

31. Confidential Information:

A. If an Offeror believes that a quotation or specification contains information that should be withheld as confidential, a statement advising the Procurement Officer of this fact shall accompany the submission and the information shall be identified wherever it appears.

B. The information identified by the Offeror as confidential shall not be disclosed until the City Procurement Office makes a written determination or until after award of a contract. After award of a contract, all quotation information shall be available for public inspection.

C. The City Procurement Office shall review the statement and information and shall determine in writing whether the information shall be withheld. If the City Procurement Office determines to disclose the information, the Offeror shall be informed in writing of such determination.

D. A general statement at the beginning of a quotation indicating that the entire response is confidential or the use of the word “confidential” throughout the document without identifying specific information to be treated as such will not be recognized as a valid confidentiality designation. Such statements shall not obligate the City to treat any portion of the response as confidential or to comply with the request.

32. Unauthorized Firearms & Explosives: No person conducting business on City property is to carry a firearm or explosive of any type. Any City quote offeror, contractor or subcontractor is to honor this requirement at all times and failure to honor this requirement will result in contract cancellation. This requirement also applies to persons who maintain a concealed weapons permit. In addition to contract cancellation, anyone carrying a firearm or explosive device will be subject to police and legal action.

33. Contract Composition and Governance: This Contract consists of the City’s Request for Quotation and the vendor’s submitted quotation, provided it is deemed responsive and approved by the City. In the event of any conflict in language between these documents, the provisions of the City’s Request for Quotation shall prevail.

The City’s Request for Quotation shall also govern all matters not explicitly addressed in the Contract. Prior agreements between the Offeror and the City are not applicable to this Contract or any resulting agreements. Additionally, any vendor-supplied documents containing terms that conflict with the City’s solicitation requirements shall be considered null and void.

34. Estimated Quantities: This Request for Quotation 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 Quotation; 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.

35. No Assignment: No right or interest in this Contract shall be assigned by Contractor and no delegation of any duty of Contractor shall be made without prior written permission of the City, which consent may be granted or withheld in City’s unfettered discretion.

36. 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 Quotation. 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.

37. 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.

38. 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.

Standard Terms and Conditions

RFQ# 26-004 Bus Wash System Maintenance and Repair Services 2 | Page

1. City Procurement Document: This Request for Quotation is issued by the City Procurement Office. No alteration of any portion of this Request for Quotation document by a vendor is permitted and any attempt to do so shall result in vendor’s quote being considered non-responsive. 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 a violation 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 cancellation, suspension and/or debarment of the Contractor.

2. Contract Type: Term with justifiable price adjustment allowed, indefinite quantity.

3. Term of Contract: The term of any resultant contract shall commence on the date of award and shall continue for a period of one (1) year thereafter, unless terminated, canceled or extended as otherwise provided herein. Resultant contract is non-transferable and cannot be assigned by the contractor without the approval of the City Procurement Office; and then only when all prices, discounts, terms and conditions of the original solicitation and contract award remains unchanged. Contract becomes terminate should the cost to the City exceed $100,000, the ceiling amount for a contract awarded through a Request for Quotation process.

4. Contract Renewal: The City reserves the right to unilaterally extend the period of any resultant contract for ninety (90) days beyond the stated expiration date. In addition, by mutual written contract modification, any resultant contract may be renewed for supplemental periods of up to a maximum of four (4) additional years.

5. Pricing: Pricing accuracy and completeness are critical. All items being quoted must be identified and priced.

6. Price Adjustment: The City Procurement Office will review fully documented requests for price increases after the Contract has been in effect for twenty-four (24) months. The requested price increase must be based upon a cost increase that was clearly unpredictable at the time of the offer 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 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 twenty-four (24) months from the date of the last approved price increase.

Price increase requests must be acknowledged in writing by the City Procurement Office before becoming effective. If not acknowledged within thirty (30) days, it is the Contractor's responsibility to contact the City Procurement Office to ensure the price increase request was received.

Contractor shall likewise 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 exceeds contracted price discounts extended to the City by the vendor.

7. 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 quoting Offeror's proposed products and/or services are capable of performing the function.

It is recognized that more than one method may be used to accomplish the sought-after task functionality. If the Offeror has an alternate method of performing functional tasks, then such method is to be listed as an "alternate” and described in full detail within the quotation response. 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 if applicable, exceeded by a responsive vendor. Should no Offeror’s quotation be found totally responsive to all designated solicitation requirements, the City at its option, may either award the contract to the most responsive vendor or cancel the solicitation and issue the need under revised specifications in a new solicitation.

8. Questionnaire: Offeror must complete the questionnaire portion of this solicitation and provide any documentation required to support the answers given to the questionnaire. Questionnaire items that are designated as mandatory are needed to satisfy a required task or performance criteria. Items that may be listed as desirable are not required in order to be responsive to the solicitation and will be relatively evaluated against other quotes in making a final award decision.

If supporting documentation is required, be sure to provide the information in the sequence set forth in the solicitation and ensure all technical literature and/or narrative explanations fully address the specifics of the question. Vague or disorganized supportive responses that do not allow sufficient information for evaluation purposes may result in a quote response being rejected as non-responsive.

9. Turnaround Time: Offeror must be capable of providing a delivery/work completion turnaround time for requested product) and/or services within the time stated in this solicitation. Turnaround time is defined as the time frame beginning with the contractor being notified of a product/work need by the City and ending with the delivery of the product/work in completed form back to the City customer department. Responsive vendors are to provide pick-up and delivery service as part of their quotation response to the City.

10. Billing: All billing invoices shall identify the specific item(s) being billed. Items are to be identified by the name, model number, and/or serial number most applicable. Any purchase/delivery order issued by the requesting department shall refer to the contract number resulting from this solicitation. Separate invoices are required on individual contracts or purchase orders. Only invoices with items resulting from this solicitation will be accepted for payment.

11. Warranty: Each quotation must include a complete and exclusive statement of the product warranty. Warranty offers will be relatively considered as appropriate to life cycle costing.

12. Local Maintenance: In order to ensure that the highest up-time for the purchased equipment is maintained, each potential contractor must have local maintenance facilities or have specific agreements in force with a third party to provide local maintenance. Each maintenance facility must be staffed by trained technicians and have sufficient parts inventory in order to provide quality service on the equipment specified. The City Procurement Office may inspect the maintenance facilities to determine adequacy.

13. Maintenance Service: Vendor agrees to maintain or guarantees that the equipment manufacturer will maintain the equipment acquired under this contract in good working order and in accordance with the manufacturer's official published specifications and any specifications set forth in the procurement documents. Additional terms and conditions applicable to maintenance of the equipment are as specified in the procurement documents and in a separate maintenance contract between the City and the contractor or equipment manufacturer. In no event shall the provisions of such separate contract differ or control over the provisions of the contract.

14. 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.

B. A Contract Award Notice or Purchase Order will not be issued to the Contractor 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 Contractor selected for award.

C. Minimum Limits of Coverage: Without limiting any obligations or liabilities, the Contractor, at its sole expense, shall purchase and maintain the minimum insurance specified below with companies duly licensed or otherwise approved by the State of Arizona, Department of Insurance and with forms satisfactory to the City. Each insurer shall have a current A.M. Best Company, Inc., rating of not less than A-VII. Use of alternative insurers requires prior approval from the City.

i. Minimum Limits of Insurance. Contractor shall maintain the following minimum limits:

a. Commercial General Liability

Commercial general liability insurance limit of not less than $1,000,000 for each occurrence, with a $1,000,000 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 claim 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

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.

D. 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, and that any insurance coverage carried by the City or its employees shall be excess coverage, and not contributory coverage to that provided by the Contractor.

E. 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.

F. Primary Coverage: The Contractor’s insurance shall serve as the primary coverage for the City. Any insurance or self-insurance maintained by the City shall be considered excess to the Contractor’s coverage and shall not contribute to or share in any liability under the Contractor’s policy.

G. 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 City.

H. Waiver: The policies, including workers’ compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, representatives, directors, officers, and employees for any claims arising out of the work or services of the Contractor.

I. Deductible/Retention: The policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for deductible and/or self-insurance retention and 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.

J. 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.

K. Copies of Policies: 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, City’s right to insist on strict fulfillment of Contractor’s obligations under this Contract.

15. Contractor's Risk: Seller agrees to bear all risk of loss, injury, or destruction of goods and materials ordered as a result of this quote solicitation which occurs prior to delivery to the City; and such loss, injury, or destruction shall not release seller from any obligation hereunder.

16. Safety: Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons (including employees) and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to all applicable federal (including OSHA), state, county, and local laws, ordinances, codes, and regulations. Where any of these are in conflict, the more stringent requirement shall be followed. Contractor's failure to thoroughly familiarize himself with the aforementioned safety provisions shall not relieve him from compliance with the obligations set forth therein.

17. Payment: Payment in full shall be made to the successful contractor within thirty (30) days after receipt and acceptance a complete and accurate invoice, unless terms other than Net (thirty) 30 days are offered as a discount.

18. Safety, Health and Sanitation: Contractor shall provide and maintain in a neat, sanitary condition such facility accommodations for the use by their employees as may be necessary to comply with the requirements and regulations of the Arizona State Department of Health or as specified by the Maricopa County Health Department, Sanitary Code.

Contractor shall be fully responsible for the safety of their employees, the public and property in connection with the performance of the work covered by this Contract. Contractor shall provide all safeguards, safety devices and protective equipment and be responsible for taking any needed actions to protect the life and health of their employees and the public during work activity. Contractor shall also take any necessary actions as directed by the City Project Manager to reasonably protect the life and health of employees on this job and others coming into contact with the job site.

Precaution shall be exercised by the Contractors at all times for the protection of persons (including employees) and property. Contractor shall comply with the provisions of all applicable laws, pertaining to such protection including all Federal and State Occupational Safety and Health Acts, and Standards and Regulations promulgated there under.

19. Protection and Restoration of Property and Landscape: Contractor shall be responsible for all damage or injury to public or private property of any character, during the prosecution of the work resulting from any act, omission, neglect, or misconduct in its manner or method of executing the work or at any time due to defective work or materials. Contractor’s responsibility will not be released until the project has been completed and accepted.

If damage is caused by the Contractor, the Contractor shall restore at no cost to the City, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or they shall make good such damage or injury in an acceptable manner. Further payments will be withheld until the City has inspected the corrected damage or injury and has signed off the completion and acceptance.

Contractor shall not dump spoils or waste material on private or private public property without first obtaining from the owner written permission for such dumping.

20. Responsibility for Work: Contractor shall properly guard, protect, and take every reasonable precaution necessary against damage or injury to all finished or partially finished work due to weathering action by the elements or from any other cause, until the entire portion of their respective contract obligation is completed and accepted by the City. Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work before final acceptance at no cost to the City. Partial payment for any completed portion of work shall not release the Contractor from such responsibility.

21. Employees of the Contractor: No one except authorized employees of the Contractor are allowed on the premises of the City. Contractor employees are NOT to be accompanied in their work area by acquaintances, family members, assistants, or any other person unless said person is an authorized employee of the Contractor. Failure of Contractor to meet this requirement will result in permanent removal of employee performing work at the City of Tempe sites.

22. Subcontractors: The City reserves the right to approve all subcontractors. Contractor is responsible for all actions of subcontractors. Contractor shall name subcontractors as additionally insured, in addition to the City of Tempe on all required insurance documents.

Special Terms & Conditions and Instructions

Scope of Work The City of Tempe (City) is issuing this Request for Quotation (RFQ) to establish a term contract for maintenance and repair services for two (2)…