INVITATION FOR BID

IFB-27-FMD-0415

EVAPORATIVE COOLER MAINTENANCE AND REPAIR

CITY OF PHOENIX

PUBLIC WORKS

200 W. WASHINGTON ST.

PHOENIX, AZ

85003

RELEASE DATE: September 21, 2026

DEADLINE FOR QUESTIONS: October 7, 2026

RESPONSE DEADLINE: October 15, 2026, 11:00 am

City of Phoenix

INVITATION FOR BID

IFB-27-FMD-0415

Evaporative Cooler Maintenance and Repair

1. INTRODUCTION

2. INSTRUCTIONS

3. SCOPE OF WORK

4. EVALUATION PROCESS

5. STANDARD TERMS AND CONDITIONS

6. SPECIAL TERMS AND CONDITIONS

7. DEFENSE AND INDEMNIFICATION

8. INSURANCE REQUIREMENTS

9. SUBMITTALS

10. PRICING PROPOSAL

Attachments:

A - Exhibit A - Cooler Checklist

B - Exhibit B - Performance Record

C - Acceptance Form 2027

Invitation For Bid #IFB-27-FMD-0415 Title: Evaporative Cooler Maintenance and Repair

1. Introduction

1.1. Contact Information

Audrey Mims

Public Works

Email: audrey.mims@phoenix.gov

Phone: (602) 256-4361

1.2. Schedule of Events

The City reserves the right to change dates, times, and locations, as necessary. The City does not always hold a Pre-Offer Conference or Site Visit. All times in the Schedule of Events are

Local Phoenix, AZ Time.

To request a reasonable accommodation or alternative format for any public meeting, please contact the Procurement Officer (Audrey Mims) at (602) 256-4361/Voice or 711/TTY, or audrey.mims@phoenix.gov, no later than five (5) business days prior to the meeting.

Solicitation Issue Date: September 21, 2026

Pre-Offer Conference (Non-Mandatory): October 2, 2026, 10:00am

Public Works Dept., 2631 S. 22nd Ave., Phoenix, AZ 85009

Site Visit (Non-Mandatory): October 2, 2026, 11:00am

Public Works Dept., 2631 S. 22nd Ave., Phoenix, AZ 85009

Written Inquiries Due Date: October 7, 2026, 11:00am

Offer Due Date: October 15, 2026, 11:00am

2. Instructions

2.1. Description – Statement of Need

The City of Phoenix invites electronic offers for Evaporative Cooler Maintenance and Repair.

The Effective Date of this Agreement will be upon final signature and recording by the City

Clerk’s department.

The Commencement Date of this Agreement will be upon January 18, 2027 or the Effective

Date, whichever is later.

The term of this Agreement will be for three (3) years, beginning on the Commencement Date, with two 1-year options which may be exercised by the City in its sole discretion.

This solicitation is available through the City’s Procurement Portal. For technical support issues related to the City's Procurement Portal, Offeror may use the support bubble on the bottom right, or email procurement-support@opengov.com for any assistance. For other issues related to this solicitation please contact the procurement officer listed under Contact Information.

Notwithstanding the foregoing, this Agreement will terminate upon the earliest occurrence: by reaching the end of the term including any extensions exercised, or termination pursuant to the provisions of this Agreement.

2.2. Preparation of Offer

All forms provided must be completed and submitted with the Offer. The signed and completed

Conflict of Interest and Transparency form must be included or your Offer may be deemed non-responsive.

It is permissible to copy Submittal forms if necessary. Erasures, interlineations, or other modifications of the Offer must be initialed in original ink by the authorized person signing the

Offer. No offer will be altered, amended or withdrawn after the specified offer due date and time.

The City is not responsible for Offeror’s errors or omissions.

All time periods stated as a number of days will be calendar days.

It is the responsibility of all Offerors to examine the entire solicitation and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting an offer. Negligence in preparing an offer confers no right of withdrawal after due date and time. Offerors are strongly encouraged to:

A. Consider applicable laws and/or economic conditions that may affect cost, progress, performance, or furnishing of the products or services.

B. Study and carefully correlate Offeror’s knowledge and observations with the solicitation and other related data.

C. Promptly notify the City of all conflicts, errors, ambiguities, or discrepancies that Offeror has discovered in or between the solicitation and other related documents.

mailto:procurement-support@opengov.com

D. The City does not reimburse the cost of developing, presenting or providing any response to this solicitation. Offers submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. The Offeror is responsible for all costs incurred in responding to this solicitation. All materials and documents submitted in response to this solicitation become the property of the City and will not be returned.

E. Offerors are reminded that the specifications stated in the solicitation are the minimum level required and that offers submitted must be for products or services that meet or exceed the minimum level of all features specifically listed in this solicitation. Offers offering less than any minimum specifications or criteria specified are not responsive and should not be submitted.

F. Offer responses submitted for products considered by the seller to be acceptable alternates to the brand names or manufacturer’s catalog references specified herein must be submitted with technical literature and/or detailed product brochures for the

City’s use to evaluate the products offered. Offers submitted without this product information may be considered as non-responsive and rejected. The City will be the sole judge as to the acceptability of alternate products offered.

G. Prices will be submitted on a per unit basis by line item, when applicable. In the event of a disparity between the unit price and extended price, the unit price will prevail unless obviously in error.

2.3. Fixed Offer Price Period

All offers shall be firm and fixed for a period of 180 calendar days from the solicitation opening date.

2.4. Obtaining a Copy of the Solicitation and Addenda

Interested Offerors may download the complete solicitation and addenda from the City's

Procurement Portal: https://procurement.opengov.com/portal/phoenix/projects/285378. Any interested Offerors without internet access may obtain this solicitation by calling the

Procurement Officer or picking up a copy during regular business hours at the City of Phoenix, Public Works Department, 200 W. Washington Street, 7th Floor, Phoenix, AZ 85003. It is the

Offeror’s responsibility to check the City's Procurement Portal, read the entire solicitation, and verify all required information is submitted with their Offer.

2.5. Exceptions

Offeror must not take any exceptions to any terms, conditions or material requirements of this solicitation. Offers submitted with exceptions may be deemed non-responsive and disqualified from further consideration in the City’s sole discretion. Offerors must conform to all the requirements specified in the solicitation. The City encourages Offerors to send inquiries to the

Procurement Officer rather than including exceptions in their Offer.

https://procurement.opengov.com/portal/phoenix/projects/285378

2.6. Inquiries

All questions that arise relating to this solicitation should be directed via City’s Procurement

Portal and must be received by the due date indicated in the Schedule of Events. The City will not consider questions received after the deadline.

No informal contact initiated by Offerors on the proposed service will be allowed with members of City’s staff from date of distribution of this solicitation until after city council awards the contract. All questions concerning or issues related to this solicitation must be presented in writing.

The Procurement Officer will answer written inquiries in an addendum and publish any addenda on the City’s Procurement Portal.

2.7. Addenda

The City of Phoenix will not be responsible for any oral instructions made by any employees or officers of the City of Phoenix regarding this solicitation. Any changes will be in the form of an addendum. The Offeror must acknowledge receipt of any/all addenda through the City's

Procurement Portal.

Changes to terms and conditions of the Solicitation and resulting Agreement made pursuant to an addendum shall be memorialized in the Solicitation and resulting Agreement document. To that end, a parenthetical will be added to applicable provision(s) referencing the addendum that imposed the change. The language in the final provision will reflect the updated version.

2.8. Licenses

If required by law for the operation of the business or work related to this Offer, Offeror must possess all valid certifications and/or licenses as required by federal, state or local laws at the time of submittal.

2.9. Certifications

By signature in the Offer section of the Offer and Acceptance page(s), Offeror certifies:

• The submission of the Offer did not involve collusion or other anti-competitive practices.

• The Offeror must not discriminate against any employee, or applicant for employment in violation of Federal or State Law.

• The 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.

2.10. Submission of Offer

The City of Phoenix Public Works Department is accepting only electronic Offers for this solicitation. Offerors are responsible for submitting the Offer before the due date and time of the solicitation deadline.

The Offeror is responsible for managing potential delays due to delays caused by the Carrier or technical difficulties.

Submission of Offer – Electronic Submission:

Offers shall be submitted electronically via the City’s Procurement Portal by clicking on “Draft

Response” via https://procurement.opengov.com/portal/phoenix/projects/285378. Offerors must be registered with OpenGov by signing up via https://procurement.opengov.com/signup. Vendor training guides can be found at: https://opengov.my.site.com/support/s/article/ca6d1285-1e48-

4a21-bb0d-715edb7794ed.

Any original documents (such as bonds, guaranties, powers of attorney), if required by the solicitation, must be separately delivered to and received by the City on or prior to the exact time and date indicated in the Schedule of Events, with a clear indication of the Offer for which it is attributed.

It is the responsibility of the Offeror to ensure that the Offer is timely and to confirm that there are no technical reasons that any offer submitted electronically may be delayed. The date and time on the upload as received/stamped by the City’s Procurement Portal will provide proof of submission and verification whether the Offer was received on or prior to the exact time and date indicated in the Schedule of Events.

For assistance with submittals, vendors are welcome to use the OpenGov support chat (blue chat bubble in the bottom right corner) to connect with a member of OpenGov's support team who will be able to assist you with your submission.

Please DO NOT submit links to Google Docs, Dropbox Paper, or similar services. Your offer may be deemed non-responsive if your offer is supplied utilizing these services.

2.11. Withdrawal of Offer

At any time prior to the solicitation due date and time, an Offeror (or designated representative) may withdraw the Offer by clicking “Unsubmit Response” on the Offer submission via the City’s

Procurement Portal.

2.12. Offer Results

Offers will be opened on the offer due date, time and location indicated in the Schedule of

Events, at which time the name of each Offeror, and the prices may be read. Offers and other information received in response to the solicitation will be shown only to authorized City personnel having a legitimate interest in them or persons assisting the City in the evaluation.

Offers are not available for public inspection until after the City has posted the award recommendation on the City's Procurement Portal.

The City will post a preliminary offer tabulation on the City's Procurement Portal:

https://procurement.opengov.com/portal/phoenix/projects/285378 within five business days of the offer opening. The City will post the information on the preliminary tabulation as it was read during the offer opening. The City makes no guarantee as to the accuracy of any information on the preliminary tabulation. Once the City has evaluated the offers, the City will post an award recommendation on the City's Procurement Portal. By signing and submitting its Offer, each

Offeror agrees that this posting of the award recommendation to the City's Procurement Portal effectively serves as the Offeror’s receipt of that notice of award recommendation. The City has no obligation to provide any further notification to unsuccessful Offerors.

https://procurement.opengov.com/portal/phoenix/projects/285378 https://procurement.opengov.com/signup https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed https://procurement.opengov.com/portal/phoenix/projects/285378

2.13. Pre-Award Qualifications

Offeror must have been in operation a minimum of five (5) years. The Offeror’s normal business activity during the past five (5) years will have been for providing the goods or services in this solicitation. This information must be provided in Vendor Questionnaire section, under Years in

Business and References form of this solicitation.

Offeror must provide the certification earned by any technicians that will be performing work under the resulting contract.

2.14. Certificates of Insurance

Upon notification of a recommended award, the Offeror will have 14 calendar days to submit a complete certificate of insurance in the minimum amounts and the coverages as required in the

Insurance Requirements of this solicitation. Insurance requirements are non-negotiable.

2.15. Award of Contract

Unless otherwise indicated, award(s) will be made to responsive, responsible Offeror(s) who are regularly established in the service, or providing the goods, contained in this solicitation and who have demonstrated the ability to perform in an acceptable manner.

A. Factors that may be considered by the City include:

1. Technical capability of the Offeror to accomplish the scope of work required in the

Solicitation. This may include performance history on past and current government or industrial contracts; and,

2. Demonstrated availability of the necessary manpower (both supervisory and operational personnel) and necessary equipment to accomplish the scope of work in the Solicitation; and,

3. Safety record; and,

4. Offeror history of complaints and termination for convenience or cause.

B. Notwithstanding any other provision of this solicitation, the City reserves the right to: (1) waive any immaterial defect or informality; or (2) reject any or all offers or portions thereof; or (3) reissue a solicitation.

C. A response to a solicitation is an offer to contract with the City based upon the terms, conditions, and specifications contained in the City’s solicitation. Offers do not become contracts until they are executed by the Chief Procurement Officer or Department

Director. A contract has its inception in the award, eliminating a formal signing of a separate contract. For that reason, all of the terms, conditions and specifications of the procurement contract are contained in the solicitation, and in any addendum or contract amendment.

2.16. Solicitation Transparency Policy

Commencing on the date and time a solicitation is published, potential or actual Offerors or respondents (including their representatives) shall only discuss matters associated with the solicitation with the Mayor, any members of City Council, the City Manager, any Deputy City

Manager, or any department director directly associated with the solicitation (including in each case their assigned staff, except for the designated Procurement Officer) at a public meeting, posted under Arizona Statutes, until the resulting contract(s) are awarded to all offers or responses are rejected and the solicitation is cancelled without any announcement by the

Procurement Officer of the City’s intent to reissue the same or similar solicitation.

As long as the solicitation is not discussed, Offerors may continue to conduct business with the

City and discuss business that is unrelated to the solicitation with the City staff. Offerors may not discuss the solicitation with any City employees or evaluation panel members.

Offerors may discuss their proposal or the solicitation with the Mayor or one or more members of the Phoenix City Council, provided such meetings are scheduled through the Procurement

Officer, and are posted as open meetings with the City Clerk at least 24 hours prior to the scheduled meetings. The City Clerk will be responsible for posting the meetings. The posted notice shall identify the participants and the subject matter, as well as invite the public to participate.

With respect to the selection of the successful Offerors, the City Manager and/or City Manager's

Office will continue the past practice of exerting no undue influence on the process. In all solicitations of bids and proposals, any direction on the selection from the City Manager and/or

City Manager's Office and Department Head (or representative) to the proposal review panel or selecting authority must be provided in writing to all prospective Offerors.

This policy is intended to create a level playing field for all Offerors, assure that contracts are awarded in public, and protect the integrity of the selection process. OFFERORS THAT

VIOLATE THIS POLICY SHALL BE DISQUALIFIED. After official Notice is received by the City for disqualification, the Offeror may follow the Protest process, unless the Solicitation is cancelled without notice of intent to re-issue.

“To discuss” means any contact by the Offeror, regardless of whether the City responds to the contact. Offerors that violate this policy will be disqualified until the resulting contract(s) are awarded, or all offers or responses are rejected and the solicitation is cancelled without any announcement by the Procurement Officer of the City’s intent to reissue the same or a similar solicitation. The City interprets the policy as continuing through a cancellation of a solicitation until Council award of the contract, as long as the City cancels with a statement that the City will rebid the solicitation.

2.17. Protest Process

Offeror may protest the contents of a solicitation no later than seven days before the solicitation deadline when the protest is based on an apparent alleged mistake, impropriety or defect in the solicitation. Protests filed regarding the solicitation may be addressed by an amendment to the solicitation or denied by the City. If denied, the opening and award will proceed unless the City determines that it is in the City’s best interests to set new deadlines, amend the solicitation, cancel or re-bid.

Therefore, unless otherwise notified by a formal amendment, the Protester must adhere to all solicitation dates and deadlines, including timely filing of an offer, regardless of filing a protest.

Offeror may protest an adverse determination issued by the City regarding responsibility and responsiveness, within seven days of the date the Offeror was notified of the adverse determination.

Offeror may protest an award recommendation if the Offeror can establish that it had a substantial chance of being awarded the contract and will be harmed by the recommended award. The City will post recommendations on the City’s Procurement Portal to award the contract(s) to an Offeror(s). Offeror must submit award protests within seven days after the posting of the award recommendation, with exceptions only for good cause shown, within the

City’s full and final discretion.

All protests will be in writing, filed with the Procurement Officer identified in the solicitation and include the following:

• Identification of the solicitation number;

• The name, address and telephone number of the protester;

• A detailed statement describing the legal and factual grounds for the protest, including copies of relevant documents;

• The form of relief requested; and

• The signature of the protester or its authorized representative.

The Procurement Officer will render a written decision within a reasonable period after the protest is filed. The City will not request City Council authorization to award the contract until the protest process is complete. All protests and appeals must be submitted in accordance with the

City’s Procurement Code, (Phoenix City Code, Ch. 43) and any protests or appeals not submitted within the time requirements will not be considered. Protests must be filed with the

Procurement Officer.

2.18. Public Record

All Offers submitted in response to this solicitation will become the property of the City and become a matter of public record available for review pursuant to Arizona State law. If an

Offeror believes that a specific section of its Offer response is confidential, the Offeror will isolate the pages marked confidential in a specific and clearly labeled section of its Offer response. An Offeror may request specific information contained within its Offer is treated by the

Procurement Officer as confidential provided the Offeror clearly labels the information

“confidential.” To the extent necessary for the evaluation process, information marked as

“confidential” will not be treated as confidential. Once the procurement file becomes available for public inspection, the Procurement Officer will not make any information identified by the

Offerors as “confidential” available to the public unless necessary to support the evaluation process or if specifically requested in accordance with applicable public records law. When a public records request for such information is received, the Procurement Officer will notify the

Offeror in writing of any request to view any portion of its Offer marked “confidential.” The

Offeror will have the time set forth in the notice to obtain a court order enjoining such disclosure.

If the Offeror does not provide the Procurement Officer with a court order enjoining release of the information during the designated time, the Procurement Officer will make the information requested available for inspection.

2.19. Late Offers

Late Offers must be rejected, except for good cause. If a late Offer is submitted, the Department will document the date and time of the submittal of the late Offer, keep the Offer and notify the

Offeror that its Offer was disqualified for being a late Offer.

2.20. Right to Disqualify

The City reserves the right to disqualify any Offeror who fails to provide information or data requested or who provides materially inaccurate or misleading information or data. The City further reserves the right to disqualify any Offeror on the basis of any real or apparent conflict of interest that is disclosed by the Offer submitted or any other data or information available to the

City. This disqualification is at the sole discretion of the City. By submission of a solicitation response, the Offeror waives any right to object now or at any future time, before any agency or body including, but not limited to, the City Council of the City or any court as to the exercise by the City of such right to disqualify or as to any disqualification by reason of real or apparent conflict of interest determined by the City. The City reserves the right to replace the disqualified

Offeror.

2.21. Site Inspection

A one-time walk-through site inspection tour will be conducted at the date and time indicated in the Schedule of Events. Submission of an offer will be prima facie evidence that the Offeror did, in fact, make a site inspection and is aware of all conditions affecting performance and offer prices.

2.22. Contract Award

In accordance with the City of Phoenix Code, Chapter 43, Section 43-12, Competitive Sealed

Bidding, award(s) shall be made to the lowest responsive and responsible offeror(s) whose offer conforms in all material respects to the requirements set forth in this solicitation. The City reserves the right to award a contract by individual line items, by group, all or none, or any other combination most advantageous to the City. The City reserves the right to award multiple contracts.

2.23. Determining Responsiveness and Responsibility

Offers will be reviewed for documentation of any required minimum qualifications, and completeness and compliance with the solicitation requirements. The City reserves sole discretion to determine responsiveness and responsibility.

Responsiveness: Nonresponsive Offers will not be considered in the evaluation process. The solicitation states criteria that determine responsiveness, and the solicitation includes terms and conditions that if included or excluded from Offers will render an Offer nonresponsive.

Responsibility: To obtain true economy, the City must conduct solicitations to minimize the possibility of a subsequent default by the Offeror, late deliveries, or other unsatisfactory performance that may result in additional administrative costs. It is important that the Offeror be a responsible Offeror. Responsibility includes the Offeror’s integrity, skill, capacity, experience, and facilities for conducting the work to be performed.

2.24. Equal Low Offer

Contract award will be made by putting the names of the tied vendors in a cup for a blind drawing limited to those bidders with tied offers. If time permits, the offerors involved will be given an opportunity to attend the drawing. The drawing will be witnessed by at least three persons, and the contract file will contain the names and addresses of the witnesses.

3. Scope of Work

3.1. PURPOSE

3.1.1 The City of Phoenix Public Works Department requires services from a Contractor experienced in providing full service evaporative cooler preventative maintenance and repair services.

3.1.2 The City reserves the right to make multiple awards based on the groupings identified in the Price Schedule.

3.2. CONTRACTOR EXPERIENCE/QUALIFICATIONS

3.2.1 Contractor employees performing maintenance must have a minimum of five (5) years of experience in evaporative cooler systems service and installation. Contractor will ensure that personnel are skilled in their respective lines of work performance.

3.2.2 Contractor must be licensed with the Arizona Registrar of Contractors (AROC) to perform the required services. Contractor will maintain a current license with AROC for the duration of the contract.

3.2.3 Contractor must submit the certification earned by any technicians that will be performing work under the resulting contract from one (1) of the training programs listed below. The certification must be provided with the bid submittal.

3.2.3.1 Air-Conditioning and Refrigeration Institute (ARI)

3.2.3.2 Air Conditioning Contractors of America (ACCA)

3.2.3.3 American Society of Heating, Refrigeration, Air Conditioning Engineers (ASHRAE)

3.2.3.4 Council of Air-Conditioning and Refrigeration Educators (CARE)

3.2.3.5 Heating, Air Conditioning & Refrigeration Distributors International

(HARDI)

3.2.3.6 Plumbing, Heating, Cooling Contractors (PHCC)

3.2.3.7 Electric League of Arizona (ELA)/Arizona Heat Pump Council Continuing

Education (HPC)

3.2.3.8 North American Technician Excellence (NATE)

3.3. APPLICABLE STANDARDS

The Contractor will be responsible for complying with the Phoenix Building Safety Codes, the

City of Phoenix Fire Code, mechanical, electrical, and all other governing codes, permits, rules, laws, regulations and statutes pertaining to the work being performed.

3.4. CITY DEPARTMENT CONTRACT REPRESENTATIVE (CDCR)

3.4.1 The CDCR is the City employee for each department using the resulting contract who has been specifically designated to act as the contact person to the Contractor and is responsible for monitoring and overseeing the Contractor's performance under this contract.

3.4.2 The CDCR or their designee will coordinate all work and will be the sole judge concerning acceptability and quality of work. Should it appear that there is a real or apparent discrepancy between different sections of specifications concerning nature, quality or extent of work to be furnished, the Contractor will adhere to the more stringent requirement. The final decision will be made with the CDCR. The CDCR will be consulted on any concerns and issues arising during the performance of work under the resulting contract and their decision will be final and binding.

3.5. CONTRACTOR RESPONSE TIMES

3.5.1 Contractor will call CDCR within one (1) hour of written or verbal notification with an estimated onsite arrival time. Contractor will be onsite per the following requirements:

3.5.1.1 Same Day Service: Within 24 hours of written or verbal notification

3.5.1.2 Regular Service Call: Within 48 hours of written or verbal notification

3.5.1.3 Emergency Response: Within 2 hours of written or verbal notification

3.6. CONTRACTOR MINIMUM PERFORMANCE REQUIREMENTS

3.6.1 The Contractor will provide all labor, materials, supplies, equipment, associated parts, supervision, transportation, and all overhead burdens associated with the cost to perform full service preventative maintenance, cleaning, repair, replacement, when deemed necessary, on an array of evaporative coolers to include all associated parts for a variety of manufacturers, to ensure safe and continuous operation of coolers.

The Contractor is responsible for all power to include the line and control voltage up to but not including the breaker supplying the equipment. The Contractor is also responsible for all controls associated with the cooler operation.

3.6.2 The only items excluded from “Full Service” will be the replacement of entire coolers or wet sections.

3.6.3 Contractor will make every attempt necessary to ensure cooler is operational.

3.6.4 Contractor will have a minimum of six (6) journeyman assigned to the service facilities listed herein. Contractor will be responsible for reactive calls during the summer months and must have access to additional staff as required.

3.6.5 Contractor will carry sufficient supply of repair parts and equipment to perform routine service, and repairs to brand types and models on the Price Schedule. Supplies may include all tools, safety equipment, wet-dry vacuums, hoses, water nozzles, brooms, chemicals, squeegees, lock-out/tag-out kits, etc. necessary to properly clean and maintain evaporative coolers.

3.6.6 Contractor will be responsible to source all parts and components necessary to repair evaporative coolers.

3.6.7 Contractor will use new Original Equipment Manufacturer (OEM) or equivalent replacement parts and components. If Contractor decides to use an equivalent part or component, the City will determine if the part or component is an actual equivalent. The

Contractor will warrant all parts, installation and repairs for a minimum of one year. Contractor will warrant workmanship for the length of time as required by the Arizona Registrar of

Contractors.

3.6.8 Contractor will follow and conform to all work methods, safety procedures and operations of best standards and practices of the trade or trades involved in service maintenance and repair.

3.6.9 Contractor will correct all hazards to employees or the public immediately per

Occupational Safety and Health Administration (OSHA) regulations and standards.

3.6.10 Contractor will keep premises clean of rubbish and debris generated by the work involved and will dispose of all surplus material, rubbish and debris at contractor’s expense. The work area will be cleaned at the end of each workday. The City will be the sole determiner of what is clean.

3.6.11 Contractor will remove or safely store tools, materials and equipment before leaving the site. In the event that Contracted technician needs to leave the work site in order to obtain parts or for any other reason, Contractor will secure the cooler panels and place ancillary parts inside the cooler prior to departure.

3.6.12 The City will not be responsible for theft or damage to Contractor’s property.

3.6.13 Contractor will make necessary repairs in such a manner that does not damage City property. In the event that damage occurs to City property, or any adjacent property by reason of any repairs or installations performed under this contract, the Contractor will repair or replace the same at no cost to the City. If damage caused by the Contractor has to be repaired or replaced by the City, the cost of such work will be deducted from monies due the Contractor.

3.6.14 Contractor will submit invoices to the City for all work performed under this contract which will include the location, a description of the work performed, the contracted labor rate, number of labor hours, any parts replaced, and the required information in Section 5, Paragraph

5.5, Method of Invoicing.

3.6.15 Replacement of Cooler or Wet Section:

3.6.16.1 If replacement of a cooler or wet section is required, the hourly rate will commence upon the Contractor’s arrival at the jobsite. No travel time will be allowed under this contract.

The Contractor will notify the CDCR at the location upon arrival and upon completion of each service request. Contractor will provide a quote for the work, which must be approved by the

CDCR prior to beginning work.

3.6.16.2 The Contractor’s quote will include:

3.6.16.2.1 Name and address of service location

3.6.16.2.2 Description of services

3.6.16.2.3 Specialized equipment (if applicable)

3.6.16.2.4 Number of labor hours x Labor Rate

3.6.16.2.5 Cost of Equipment

3.7. TECHNICAL REQUIREMENTS

3.7.1 SPRING STARTUP SERVICES

3.7.1.1 Beginning January 1st and to be completed by March 1st of each year, Contractor will conduct proper spring startup services which includes the following:

• Inspect entire cooler for rust, corrosion, or structural damage

• Thoroughly clean all water basins, wet sections, CelDek® pads and blower sections of all dirt and mineral buildup

• Replace aspen pads

• Replace CelDek® pads as needed

• Replace and adjust float valve

• Check for water supply line leaks and repair as necessary - Contractor will be responsible for maintaining water line between the supply valve and the float valve.

• Replace V-belt(s). Lubricate all bearings (where applicable) replace as necessary

• Inspect for proper belt tension and adjust alignment as necessary

• Inspect motor, check current draw and bearings for excessive end play. Ensure motor amperage is within manufacturers specifications. Replace, if necessary.

• Inspect pulleys and sheaves for wear and replace as needed

• Clean pump and basket, inspect pump and replace as needed

• Verify drain line is open and clear

• Ensure cooler bleed offs are operational, adjust for proper bleed-off and secure bleed-offline. Ensure clean machines are utilized in the absence of bleed-offline

• Clean and adjust water distributors to achieve proper pad flow rate

• Ensure no water leaks and no water is carrying over into dry section

• Ensure all panels are properly secured

• Rate Condition of equipment Good, Fair, or Bad. Provide listing of all coolers identified as bad on an excel spreadsheet and provide to CDCR.

3.7.2 MID-SEASON MAINTENANCE

3.7.2.1 Beginning June 1st and to be completed by July 31st of each year, Contractor will conduct proper mid-season maintenance which includes the following:

• Thoroughly clean all water basins, wet sections, CelDek® pads and blower sections of all dirt and mineral buildup

• Replace aspen pads if needed

• Inspect/ Replace CelDek® pads as needed

• Clean and adjust water distributors to achieve proper pad flow rate

• Inspect Float for proper level and operation. Replace if needed

• Check for water leaks on supply line and ensure coolers not overflowing into drain line or outside of cooler.

• Clean pump and basket, inspect pump and replace as needed

• Verify drain line is open and clear

• Ensure cooler bleed-offs are operational, adjust for proper bleed-off and secure bleed-off-line. Ensure clean machines are utilized in absence of bleed off-line

• Ensure no water leaks and no water is carrying over to the dry section

• Lubricate all bearings (where applicable) replace as necessary

• Inspect for proper belt tension and replace belt if needed

• Inspect motor, check current draw and adjust / replace if needed

• Inspect pulleys and sheaves for wear and replace as needed

• Ensure all panels are properly secured

• Rate Condition of equipment Good, Fair, or Bad. Provide listing of all coolers identified as bad on an excel spreadsheet and provide to CDCR

3.7.3 FALL SHUTDOWN SERVICES

3.7.3.1 Beginning November 1st and to be completed by December 31st of each year, the

Contractor will perform the following fall shutdown services which includes the following:

• Shut off supply water

• Disconnect water supply line at float valve

• Disconnect water pump electrical supply

• Drain and flush water reservoir

• Ensure blowers are operational from January through March to provide supplemental air flow

• Rate Condition of equipment Good, Fair, or Bad. Provide listing of all coolers identified as bad on an excel spreadsheet and provide to CDCR.

• Generate a parts list of all materials needed for Spring Start up. Parts to include

(CelDek, floats, belts, pumps, pump baskets, bearings, pullies, motors, sheaves, etc.

3.7.3.2 Additional service calls will be the responsibility of the Contractor. These services will be offered at no additional cost to the City.

3.7.3.3 Contractor will inform the CDCR immediately of any of the following instances:

• Complete cooler replacement

• Wet section replacement

• Need for water supply valve replacement

3.8. COOLER CHECKLIST

Contractor will use and complete the Cooler Checklist (Exhibit A) at each scheduled visit and will email it to the CDCR within two (2) business days.

3.9. HEALTH AND SAFETY

3.9.1 Contractor’s on-site personnel will possess Safety Data Sheets (SDS) for all products and chemicals used on the jobsite. Contractor will comply with all state and federal laws concerning handling of hazardous materials.

3.9.2 Contractor must follow proper lock-out/tag-out procedures when taking any piece of equipment out of service for maintenance or repair.

3.9.3 Contractor will be responsible for providing all necessary safety equipment required to complete the work specified in the contract. The proper use of the required safety equipment will be the sole responsibility of the Contractor.

3.10. EMERGENCY SERVICE

3.10.1 Contractor will respond to every telephone call or email within one hour. Contractor will have sufficient staff respond on-site within two hours of initial notification to an emergency.

Examples of emergency call-outs may include, but are not limited to:

3.10.1.1 An emergency will be declared if a delay in service would result in damage to either the facility or equipment.

3.10.1.2 An emergency will be declared if equipment is not capable of maintaining proper cooling of occupied facilities as a result of missed routine service.

3.10.1.3 If the system is operational, but imminent equipment failure is apparent to City personnel, an emergency may be declared.

3.10.1.4 Standing water that presents a slipping hazard or possibility of insect infestation.

3.10.1.5 The City, at its sole discretion, will determine an emergency service.

3.11. WORK HOURS

3.11.1 Regular business hours will be Monday–Friday, 6:00 a.m. to 5:00 p.m., excluding City observed holidays.

3.11.2 Emergency after-hours service will be Monday - Friday, 5:01p.m. - 5:59a.m., Saturday, Sunday, and City observed holidays.

3.12. WORK ORDERS

Contractor will be issued a work order number for service calls. Contractor will use work order ticket to document equipment findings and work completed. The work order ticket will serve as a communication tool between the Contractor staff and the City and the service report must be returned to the CDCR for all individual work orders. Contractor will email the CDCR a copy of the completed work order within five (5) business days of completed work.

3.13. SUBCONTRACTORS

Nothing contained in the specifications will be construed as creating any contractual relationship between any Subcontractor and the City. Contractor will not subcontract or use any other party to perform services without prior written authorization from the CDCR. If approved by the

CDCR, the Subcontractor must meet the same experience, insurance, security, and City badging requirements and the cost for badging will be borne by the Contractor. It is the

Contractor’s responsibility to verify this information for its Subcontractors and will provide information to the CDCR, if requested. Contractor’s use of a Subcontractor or other party to perform services shall not relieve or release the Contractor from their duties, liabilities, or obligations under the contract. Subcontractor will be responsible for submitting their invoices to the Contractor.

3.14. CONTRACT MONITORING

During the contract term, the City will conduct contract monitoring that will include evaluating

Contractor performance and to ensure the delivery of goods and services are provided in accordance with the contract terms. See sample of Exhibit B – Performance Record.

4. Standard Terms and Conditions

4.1. Definition of Key Words Used in the Solicitation

Shall, Will, Must: Indicates a mandatory requirement. Failure to meet these mandatory requirements may result in the rejection of Offer 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 Offer without the information.

May: Indicates something that is not mandatory but permissible.

For purposes of this solicitation, the following definitions will apply:

“A.R.S.” Arizona Revised Statute

“Buyer” or “Procurement Officer” City of Phoenix staff person responsible for the solicitation.

The City employee or employees who have specifically been designated to act as a contact person or persons to the Contractor, and responsible for monitoring and overseeing the

Contractor's performance under this contract.

"City" The City of Phoenix

"Contractor" The individual, partnership, or corporation who, as a result of the competitive process, is awarded a contract by the City of Phoenix.

"Contract” or “Agreement" The legal agreement executed between the City of Phoenix, AZ and the Contractor.

“Days” Means calendar days unless otherwise specified.

“Chief Procurement Officer” The contracting authority for the City of Phoenix, AZ, authorized to sign contracts and amendments thereto on behalf of the City of Phoenix, AZ.

“Employer” Any individual or type of organization that transacts business in this state, that has a license issued by an agency in this state and employs one or more employees in this state.

Employer includes this state, any political subdivision of this state and self-employed persons. In the case of an independent contractor, employer means the independent contractor and does not mean the person or organization that uses contract labor. (A.R.S. 23-211).

“Offer” Means a response from a Supplier, Contractor, or Service Provider to a solicitation request that, if awarded, binds the Supplier, Contractor, or Service Provider to perform in accordance with the contract. Same as bid, proposal, quotation or tender.

“Offeror” Any Vendor, Seller or Supplier submitting a competitive offer in response to a solicitation from the City. Same as Bidder or Proposer.

“Solicitation” Means an Invitation for Bid (IFB), Request for Proposal (RFP), Request for

Quotations (RFQ), Request for Qualifications (RFQu) and request for sealed Offers, or any other type of formal procurement which the City makes public through advertising, mailings, or some other method of communication. It is the process by which the City seeks information, proposals, Offers, or quotes from suppliers.

“Suppliers” Firms, entities or individuals furnishing goods or services to the City.

“Vendor or Seller” A seller of goods or services.

4.2. City’s Vendor Self-Registration and Notification

Vendors must be registered in the City’s Procurement Portal at https://procurement.opengov.com/portal/phoenix to respond to solicitations and access procurement information.

Vendors are required to register in the City’s procurePHX Self-Registration System

(https://eprocurement.phoenix.gov/irj/portal) prior to contract execution. Registration is not required at the time of offer submission. However, the City will not execute a contract with any awarded vendor until registration is complete.

4.3. Business in Arizona

The City will not enter contracts with Offerors (or any company(ies)) not granted authority to transact business, or not in good standing, in the state of Arizona by the Arizona Corporation

Commission, unless the Offeror asserts a statutory exception prior to entering a contract with the City.

4.4. Contract Interpretation

A. Applicable Law: This Contract will be governed by the law of the State of Arizona, and suits pertaining to this Contract will be brought only in Federal or State courts in

Maricopa County, State of Arizona.

B. Contract Order of Precedence: In the event of a conflict in the provisions of the

Contract, as accepted by the City and as they may be amended, the following will prevail in the order set forth below:

1. Federal terms and conditions, if any

2. Special terms and conditions

3. Standard terms and conditions

4. Amendments

5. Statement or scope of work

6. Specifications

7. Attachments

8. Exhibits

9. Instructions to Contractors

10. Other documents referenced or included in the Solicitation

C. Organization – Employment Disclaimer: The Agreement resulting hereunder is not intended to constitute, create, give rise to or otherwise recognize a joint venture https://procurement.opengov.com/portal/phoenix https://eprocurement.phoenix.gov/irj/portal agreement or relationship, partnership or formal business organization of any kind, and the rights and obligations of the parties will be only those expressly set forth in the agreement. The parties agree that no persons supplied by the Contractor in the performance of Contractor’s obligations under the agreement are considered to be City’s employees and that no rights of City civil service, retirement or personnel rules accrue to such persons. The Contractor will have total responsibility for all salaries, wage bonuses, retirement, withholdings, workmen’s compensation, occupational disease compensation, unemployment compensation, other employee benefits and all taxes and premiums appurtenant thereto concerning such persons, and will save and hold the City harmless with respect thereto.

D. Severability: The provisions of this Contract are severable to the extent that any provision or application held to be invalid will not affect any other provision or application of the contract which may remain in effect without the invalid provision or application.

E. Non-Waiver of Liability: The City of Phoenix as a public entity supported by tax monies, in execution of its public trust, cannot agree to waive any lawful or legitimate right to recover monies lawfully due it. Therefore, any Contractor agrees that it will not insist upon or demand any statement whereby the City agrees to limit in advance or waive any right the City might have to recover actual lawful damages in any court of law under applicable Arizona law.

F. Parol Evidence: This Agreement is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of this agreement. No course of prior dealings between the parties and no usage in the trade will be relevant to supplement or explain any term used in this Contract.

Acceptance or acquiescence in a course of performance rendered under this contract will not be relevant to determine the meaning of this Contract even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity to object.

4.5. Contract Administration and Operation

A. Records: All books, accounts, reports, files and other records relating to the contract will be subject at all reasonable times to inspection and audit by the City for five years after completion of the contract. Such records will be produced at a City of Phoenix office as designated by the City. Confidentiality will be maintained, and City will not violate any proprietary or other confidentiality agreements Contractor has in place.

B. Discrimination Prohibited: Contractor agrees to abide by the provisions of the Phoenix

City Code Chapter 18, Article V as amended. Any Contractor, in performing under this contract, will not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age or disability nor otherwise commit an unfair employment practice. The supplier and/or lessee will take action to ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, or national origin, age or disability and adhere to a policy to pay equal compensation to men and women who perform jobs that require substantially equal skill, effort and responsibility, and that are performed within the same establishment under similar working conditions. Such action will include but not be limited to the following: Employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The supplier further agrees that this clause will be incorporated in all subcontracts with all labor organizations furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this contract.