27002 RFP Elevator Maintenance.pdf

TOWN OF ORO VALLEY RFP No. 27002 POSTED: July 7, 2026 Elevator Maintenance

TOWN OF ORO VALLEY

NOTICE OF REQUEST FOR PROPOSALS No. 27002

The Town of Oro Valley (“Town”) is soliciting proposals from qualified elevator maintenance contractors to provide preventive maintenance, on-call repair, emergency callback, periodic testing, and regulatory compliance services for three (3) elevators located at Town facilities.

Due Date Sealed Proposals must be received by or before Wednesday, July 29, 2026 by 2:00 p.m. AZ Time.

Proposals must be mailed or hand delivered to: Town of Oro Valley, Town Clerk, Administrative Building, 11000 N. La Cañada Drive, Oro Valley, Arizona 85737.

Pre-Proposal Conference Interested offerors are invited and strongly encouraged to attend the pre-proposal conference to be held on Wednesday, July 15, 2026, at 1:00 pm. Local AZ Time. The Pre-proposal conference will be held via Microsoft Teams as follows:

Microsoft Teams Meeting ID: 288 820 356 428 191

Passcode: ZR695tb2

Where to Obtain a Copy of the Solicitation A copy of this solicitation and future addenda may be obtained from the Town’s Internet site at:

https://www.orovalleyaz.gov/Government/Departments/Town-Managers-Office/Procurement.

The Town of Oro Valley takes no responsibility for informing recipients of changes to the original solicitation document. It is the Offeror’s responsibility to obtain a copy of any amendments relevant to this solicitation. Failure to submit amendments with the solicitation response may be grounds for deeming a proposal non-responsive.

RFP Inquiries All inquiries regarding this solicitation will be directed in writing to: Kelsey Wuoti, Contract Specialist, kwuoti@orovalleyaz.gov. Please include “RFP No. 27002” in the subject line of the email.

RESPONSES TO THIS SOLICITATION

In order to be considered, the Offeror must complete and submit its response to the Town Clerk at the Administrative Building at 11000 N. La Canada Dr., Oro Valley, AZ 85737, prior to or at the exact date and time indicated on the Notice page. The Offeror’s response shall be submitted in a sealed envelope. The words “SEALED PROPOSAL” with the REQUEST FOR PROPOSAL TITLE, REQUEST FOR PROPOSAL NUMBER, PROPOSAL DUE DATE AND TIME and OFFEROR’S NAME AND ADDRESS shall be written on the envelope.

https://www.orovalleyaz.gov/Government/Departments/Town-Managers-Office/Procurement mailto:kwuoti@orovalleyaz.gov

Elevator Maintenance

Request for Proposals #27002

Due Date:

July 29, 2026 at 2:00 pm AZ Time

I. PURPOSE AND BACKGROUND

The Town of Oro Valley (“Town”) is soliciting proposals from qualified elevator maintenance contractors to provide preventive maintenance, on-call repair, emergency callback, periodic testing, and regulatory compliance services for three (3) elevators located at Town facilities. This solicitation is issued as a cooperative contract; other eligible public agencies may utilize the resulting contract in accordance with applicable cooperative purchasing provisions.

The Town seeks a contractor capable of delivering reliable, self-directed service under a multi-year agreement. The Contractor is expected to manage all aspects of elevator maintenance, testing, and compliance proactively and without routine direction from the Town.

EQUIPTMENT INVENTORY

Unit # Location / Facility Drive System Capacity, lbs Manufacturer 1 Town Hall, Bld A Hydraulic 2100 Thyssenkrupp

2 500 W. Magee Hydraulic 5000 Thyssenkrupp

3 Community & Recreation Center Traction 2100 Schindler

II. SCOPE OF SERVICES

The selected Contractor shall furnish all labor, materials, parts, tools, equipment, supervision, and expertise necessary to perform the services described below for all three (3) elevators. This contract uses a preventive maintenance plus time-and-materials (PM + T&M) structure: scheduled preventive maintenance is included in a fixed monthly fee per unit, while repairs and corrective maintenance are billed on a time-and-materials basis subject to the authorization thresholds in Section 2.3.

2.1 Preventive Maintenance

The Contractor shall perform scheduled preventive maintenance (PM) at a minimum frequency of once per month per unit, or more frequently as warranted by manufacturer recommendations or unit condition. Each PM visit shall include, at a minimum:

• Lubrication of all moving components including guide rails, sheaves, pistons (hydraulic), cables, and door operators

• Inspection and adjustment of door operation, including sills, hangers, gibs, closers, and safety edges

• Inspection and testing of all safety devices including governor, safeties, buffers, and interlocks

• Inspection of hydraulic fluid levels, jack unit, pump unit, and valve operation (Units 1 & 2)

• Inspection of motor, drive, controller, and selector (Unit 3)

• Inspection and cleaning of pit, machine room, and hoistway

• Verification of proper leveling, door timing, and ride quality

• Inspection of lighting in cab, pit, and machine room

• Documentation of all work performed on a service record retained at each unit, accessible for owner review

• Maintenance and updating of the Maintenance Control Program (MCP) per ASME A17.1-2019, Section 8.6

2.2 Repairs and Corrective Maintenance

Repairs and corrective maintenance arising from normal wear or mechanical failure shall be performed by the Contractor on a time-and-materials basis using the hourly labor rates and parts markup established in the pricing schedule. Repair services include:

• Hydraulic system repairs including pump, valve, jack unit, and fluid system components (Units 1 & 2)

• Traction system repairs including motor, drive, controller, ropes, and sheaves (Unit 3)

• Door system components including operators, couplers, clutches, rollers, and gibs

• Controller and electrical components including relays, contacts, and wiring

• Cab components including flooring, lighting, handrails, and interior panels as applicable

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Modernization-scope work is excluded from this contract and subject to separate solicitation.

2.3 Repair Authorization

The Contractor shall obtain written authorization from the Town’s contract administrator prior to performing any single repair estimated to exceed $2500 in combined labor and materials. For repairs estimated at or below that threshold, the Contractor is authorized to proceed without prior approval, provided the repair is documented and reported in accordance with Section 2.7.

In the event of an emergency where a unit poses an immediate safety risk, the Contractor may proceed with repairs necessary to restore safe operation and shall notify the Town’s contract administrator as soon as practicable. Emergency repairs exceeding the authorization threshold shall be documented with a written justification submitted within two (2) business days.

Repair costs exceeding $5000 per unit per contract year shall trigger a joint review between the Contractor and the Town to evaluate whether continued repair investment is warranted or whether modernization should be considered.

2.4 Periodic Testing

The Contractor shall perform all periodic testing as required by the local, state, and federal authorities having jurisdiction (AHJ), including those as directed by the ADOSH. Testing shall be coordinated to minimize disruption to building operations.

2.4.1 Category 1 Periodic Tests (Annual)

Category 1 tests shall be performed annually in accordance with applicable with ASME codes as adopted by the AHJ.

These include, as applicable to each unit type:

• Safety device testing for traction elevator

• Pressure relief valve testing for hydraulic elevators

• Firefighter’s service testing (Phase I and Phase II) where equipped

• All other Category 1 tests applicable to the installed equipment

Category 1 testing, labor, shop supplies, and other consumables shall be included in the monthly PM fee. Parts required as a result of testing shall be billed as repair work under Section 2.2.

2.4.2 Category 5 Periodic Tests (Five-Year)

Category 5 tests shall be performed at five-year intervals in accordance with ASME A17.1-2019, Section 8.11. These include, as applicable:

• Full-load safety test for traction elevator

• Pressure relief valve performance test for hydraulic elevators

Category 5 testing shall be priced separately in the pricing schedule. The Contractor shall notify the Town at least ninety

(90) days in advance of any upcoming Category 5 test date.

2.4.3 Test Documentation

All testing documentation, including test tags per ASME, shall be maintained at each unit and copies provided to the Town. Test records shall be made available to ADOSH inspectors upon request.

2.5 24/7 Emergency Callback Service The Contractor shall provide emergency callback service 24 hours per day, 7 days per week, 365 days per year, including all holidays.

• The Contractor shall maintain a local or regional dispatch capability capable of receiving calls at all hours

• Response time for passenger entrapment: technician on-site within one (1) hour of notification

• Response time for non-entrapment emergency (unit out of service, safety device triggered): technician on-site within four (4) hours of notification

• Response time for standard callback (nuisance fault, intermittent issue): technician on-site within the next business day or within 24 hours, if requested

• Callback labor shall be billed at the applicable hourly rate (regular or after-hours) established in the pricing schedule. Parts shall be billed per Section 2.2

• The Contractor shall provide the Town with a dedicated callback contact number and an escalation contact for unresolved service issues

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2.6 Regulatory Compliance

The Contractor shall ensure all units remain in continuous compliance with the Arizona Elevator Act, and ADOSH requirements. Services shall include:

• Coordination with the ADOSH Elevator Safety Section for scheduling and facilitating all required periodic inspections, including use of ADOSH-approved private elevator inspectors where authorized by the Town

• Correction of all deficiencies identified during state or third-party inspections. Inspection-related repairs shall be billed as repair work under Section 2.2 unless attributable to owner-caused damage or code upgrades beyond the scope of maintenance

• Maintenance of current operating certificates; posting of certificates in each unit per state requirements

• Notification to the Town within 24 hours of any inspection findings, notice of violation, or unit shutdown order

• Provision of written inspection reports and any ADOSH correspondence to the Town’s designated representative

2.7 Service Verification

The Contractor shall comply with the following service verification requirements for every visit. Failure to provide complete verification documentation may result in rejection of the associated invoice.

2.7.1 On-Site Sign-In/Sign-Out

The Contractor’s technician shall physically sign in and sign out with a designated Town employee at each facility upon arrival and departure. The sign-in record shall include the technician’s name, date, arrival time, departure time, and unit(s) serviced. If no Town employee is available, the technician shall contact the Town’s contract administrator or a designee by phone to confirm arrival and departure times.

2.7.2 Photographic Documentation

The Contractor shall provide timestamped photographs documenting repairs: include before and after images of any components repaired. Photographs shall be submitted with the written service report.

2.7.3 Service Ticket at Unit

A completed service ticket shall be left in a designated location at each unit following every visit. The service ticket shall include: date of service, technician name, arrival and departure times, description of work performed, parts replaced (if any), and any follow-up items identified.

2.8 Reporting and Communication

The Contractor shall maintain clear and consistent communication with the Town. Ongoing reporting requirements include:

• A written service report for each PM and repair visit, submitted within five (5) business days of the visit

• monthly summary report identifying all visits, work performed, parts replaced, callbacks received, hours and costs incurred, and any open items or recommended repairs. A detailed invoice may satisfy this requirement

• Annual equipment condition summary with recommended capital or modernization items noted for planning purposes

• Notification within four (4) hours any time a unit is taken out of service for any reason

• Maintenance of a service log physically retained at each elevator for review by Town staff

III. PERFORMANCE STANDARDS

The Contractor shall meet the following minimum performance standards throughout the contract term. The Town may track compliance on a quarterly basis.

3.1 Preventive Maintenance Completion

The Contractor shall complete 100% of scheduled preventive maintenance visits. A PM visit is considered complete only when verified in accordance with Section 2.7. Failure to complete all scheduled PM visits in any quarter shall constitute a performance deficiency.

3.2 Callback Response Time Compliance

The Contractor shall meet the callback response times specified in Section 2.5 for a minimum of 90% of all callbacks in any calendar quarter. Response time is measured from the time of notification to the time the technician arrives on-site, as verified by sign-in records.

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3.3 Remedies for Non-Performance

If the Contractor fails to meet any performance standard in a given quarter, the Town may issue a written cure notice identifying the deficiency and providing a reasonable period for correction. Repeated failure to meet performance standards across two (2) or more consecutive quarters may constitute grounds for termination for cause in accordance with the contract terms.

If the Contractor fails to perform any scheduled preventive maintenance visit and cannot provide verified documentation of the visit in accordance with Section 2.7, the Town may deduct the applicable monthly service fee for the affected unit(s) from the next invoice.

IV. TECHNICIAN ASSIGNMENT AND QUALIFICATIONS

4.1 Primary Technician

The Contractor shall designate a primary technician assigned to the Town of Oro Valley account. The primary technician shall be the individual performing the majority of scheduled PM visits and shall be familiar with the specific equipment, history, and condition of all three units.

4.2 Personnel Changes

The Contractor shall notify the Town’s contract administrator in writing at least ten (10) business days in advance of any change to the primary technician assignment. In the event of an emergency personnel change, notification shall be provided within 24 hours.

4.3 Technician Qualifications

All technicians performing work under this contract shall meet at least one of the following qualification requirements:

• Current Certified Elevator Technician (CET) credential issued by the National Association of Elevator Contractors (NAEC)

• Journeyman mechanic status through the International Union of Elevator Constructors (IUEC) / National Elevator Industry Educational Program (NEIEP)

• Equivalent documented combination of formal training and a minimum of five (5) years of hands-on experience maintaining hydraulic and traction elevator systems

The Contractor shall provide copies of current credentials for all technicians assigned to this contract upon request.

V. BUILDING AND KEY ACCESS

If keys, access cards, or badges are issued to the Contractor or its employees for access to Town facilities, the following provisions apply:

• The Contractor shall provide the Town with a written key control procedure describing how Town-issued keys and access credentials will be secured, tracked, and accounted for

• The Contractor shall maintain a current list of all employees in possession of Town-issued keys or credentials and provide this list to the Town upon request

• Keys and credentials shall be returned immediately upon termination or separation of any Contractor employee, and the Town shall be notified within 24 hours of any such personnel change

• All keys and credentials shall be returned to the Town by the last day of the contract term

• The Contractor shall be responsible for the cost of rekeying or replacement if any Town-issued key or credential is lost, stolen, or unaccounted for

• The Town may conduct random audits of key and credential accountability

VI. CONTRACTOR QUALIFICATIONS

Proposers shall demonstrate the following minimum qualifications as part of their proposal submission:

• Current Arizona Registrar of Contractors C-12 (Elevators) license in good standing

• All field technicians shall meet the qualification requirements specified in Section 4.3

Elevator Maintenance

• Minimum five (5) years of continuous experience maintaining hydraulic and traction elevator systems of comparable type and complexity

• Demonstrated capacity to provide 24/7 emergency coverage without reliance on a single technician

• Proof of general liability insurance ($1,000,000 per occurrence minimum, $2,000,000 aggregate) and workers’ compensation coverage meeting Arizona statutory requirements

• Provision of three (3) references from current or recent municipal, government, or commercial elevator maintenance contracts of similar scope

VII. EXCLUSIONS

The following items are explicitly excluded from this contract and, if required, will be addressed through separate authorization:

• Modernization, upgrade, or replacement of entire elevator systems or major system components attributable to obsolescence rather than maintenance failure

• Repairs necessitated by vandalism, misuse, owner negligence, or acts of nature

• Structural, architectural, or civil work to hoistway, machine room, or pit

• Work required to bring equipment into compliance with newly adopted code editions not in effect at contract execution

VIII. TOWN RESPONSIBILITIES

The Town of Oro Valley shall:

• Provide the Contractor with reasonable access to all elevator equipment, machine rooms, and pits during normal business hours and for emergency calls at all hours

• Designate a contract administrator as the point of contact for repair authorizations, reporting, and escalation

• Provide a safe working environment, including adequate lighting and clear access to machine rooms and pits

INSTRUCTIONS TO OFFERORS

1. DEFINITION OF KEY WORDS USED IN THE SOLICITATION:

For purposes of this solicitation and subsequent contract, the following definitions shall apply:

Addendum: A document issued by the Town that has the effect of modifying, clarifying, adding to or deleting specifications, scope, and terms or conditions of the solicitation.

Amendment: A document issued by the Town that modifies the specifications, scope or terms and conditions of a contract.

Contract: The legal agreement executed between the Town and the Contractor/Consultant. The Contract shall include this RFP document incorporated herein by reference, all terms, conditions, specifications, scope of work, addenda, amendments, the Contractor’s offer and negotiated items as accepted by the Town.

Contractor/Consultant: The individual, partnership, or corporation who, as a result of the competitive solicitation process, is awarded a contract by the Town.

Contract Representative: The Town employee or employees who have specifically been designated to act as a contact person or persons to the Contractor and is responsible for monitoring and overseeing the Contractor's performance under this Contract.

The Contract Representatives for the Town are as follows:

Primary: Zeke Ellis – zellis@orovalleyaz.gov

Procurement Agent: The central contracting authority for the Town, the Town’s Chief Procurement

Officer.

May: Indicates something that is not mandatory but permissible.

Offeror: The individual, partnership, or corporation who submits a proposal or offer in response to a solicitation.

Shall, Will, Must: Indicates a mandatory requirement. Failure to meet these mandatory requirements, if they constitute a substantive requirement, may, at the Town’s sole discretion, result in the rejection of a proposal as non-responsive.

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

Town: The Town of Oro Valley, Arizona.

2. PRE-PROPOSAL CONFERENCE: If scheduled, the date and time of a Pre-Proposal conference is indicated on the cover page of this document. Attendance at this conference is not mandatory. The purpose of this conference will be to clarify the contents of this Request for Proposal in order to prevent any misunderstanding of the Town's position. Any doubt as to the requirements of this Request for Proposal or any apparent omission or discrepancy should be presented to the Town at this conference.

The Town will then determine the appropriate action necessary, if any, and may issue a written addendum to the Request for Proposal. Oral statements or instructions will not constitute an addendum to this Request for Proposal.

3. INQUIRIES: Any question related to the solicitation shall be directed to the contact person whose name appears on the cover page. The contact person may require any and all questions be submitted in writing.

Offerors are encouraged to submit written questions via electronic mail or facsimile, at least five days prior to the solicitation due date. Any correspondence related to a solicitation should refer to the appropriate solicitation number, page and paragraph number. An envelope containing questions should be identified as such, otherwise it may not be opened until after the official proposal due date and time. Oral interpretations or clarifications will be without legal effect. Only questions answered by a formal written addendum to the solicitation will be binding.

mailto:zellis@orovalleyaz.gov

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4. SOLICITATION ADDENDUM: The Offeror shall acknowledge receipt of a solicitation addendum by signing and returning the document by the specified due date and time. The Request for Proposals with Information for Respondents, Supplemental Project Information, any future Addenda may be obtained from the Town’s website: https://www.orovalleyaz.gov/Government/Departments/Finance/Procurement.

It is the sole responsibility of the Respondent to obtain, review, and acknowledge any addenda that may be published on the Town’s website.

5. FAMILIARIZATION OF SCOPE OF WORK: Before submitting a response, each offeror shall familiarize itself with the Scope of Work, laws, regulations and other factors affecting contract performance. The Offeror shall be responsible for fully understanding the requirements of the subsequent Contract and otherwise satisfy itself as to the expense and difficulties accompanying the fulfillment of contract requirements. The submission of a response will constitute a representation of compliance by the Offeror.

There will be no subsequent financial adjustment, other than that provided by the subsequent Contract, for lack of such familiarization.

6. PREPARATION OF RESPONSE:

A. All proposals shall be on the forms provided in this solicitation package. It is permissible to copy these forms as required. Facsimiles or electronic mail proposals shall not be considered.

B. The Offer page, Price Page if applicable and any solicitation addenda must be signed and returned with the response.

C. The Offer page shall be signed by a person authorized to submit an offer. An authorized signature on the Offer page, Proposal addenda, or cover letter accompanying the proposal documents shall constitute an offer to sell the good and/or service specified herein.

D. In case of error in the extension of prices in the proposal, unit price shall govern when applicable.

E. Periods of time, stated as a number of days, shall be in calendar days unless otherwise specified.

F. It is the responsibility of all offerors to examine the entire solicitation package and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting a response. Negligence in preparing a response confers no right of withdrawal after due date and time.

H. The Town shall not reimburse the cost of developing, presenting, submitting or providing any response to this solicitation.

7. TAXES: All applicable sales taxes shall be included as a separate line item.

8. SUBMITTAL FORMAT: An original and 3 copies (4 total) of each response should be submitted on the forms and in the format specified in the solicitation. In addition, an electronic copy on USB drive must be submitted. The material should be in sequence and related to the solicitation. The sections of the submittal should be tabbed, clearly identifiable and should include a minimum of the following sections: the completed Offer Page, all signed addenda and the Offeror’s response to the Evaluation Criteria including the completed Price Page (if applicable). Failure to include the requested information may have a negative impact on the evaluation of the submittal.

9. EXCEPTIONS TO CONTRACT PROVISIONS: A response to any solicitation is an offer to contract with the Town based upon the contract provisions contained in the Town’s Standard Contract (attached), the specifications, scope of work and any special terms and conditions. Offerors who wish to propose modifications to the contract provisions must clearly identify the proposed deviations and any proposed substitute language. The provisions of the contract cannot be modified without the express written approval of the Procurement Agent. If a proposal or offer is returned with modifications to the contract provisions that are not expressly approved in writing by the Procurement Agent, the contract provisions contained in the Town’s solicitation document and standard contract shall prevail. NO EXCEPTIONS OR

REVISIONS TO THE INDEMNIFCATION PROVISION OF THE STANDARD CONTRACT SHALL BE

CONSIDERED.

https://www.orovalleyaz.gov/Government/Departments/Finance/Procurement

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10. PUBLIC RECORD: All proposals submitted in response to this solicitation shall become the property of the Town and shall become a matter of public record available for review subsequent to the award notification.

11. CONFIDENTIAL INFORMATION: The Town is obligated to abide by all public information laws. If an

Offeror believes that any portion of a proposal, offer, specification, or correspondence contains information that should be withheld, a statement advising the Procurement Agent of this fact should accompany the submission and the information shall be so identified wherever it appears. The Town shall review all requests for confidentiality and may provide a written determination to designate specified documents confidential or the request may be denied. Price is not confidential and will not be withheld. If the confidential request is denied, such information shall be disclosed as public information, unless the offeror submits a formal written objection.

12. CERTIFICATION: By signature on the Offer page, solicitation addenda, or cover letter accompanying the submittal documents, Offeror certifies:

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

B. The Offeror shall not discriminate against any employee or applicant for employment in violation of

Federal or State law.

C. 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, meal or service to a public servant in connection with the submitted offer.

D. The Offeror hereby certifies that the individual signing the submittal is an authorized agent for the Offeror and has the authority to bind the Offeror to the Contract.

13. RESPONSES TO THIS SOLICITATION: In order to be considered, the Offeror must complete and submit its response to the Town Clerk at 11000 N. La Canada Dr., Oro Valley, AZ 85737, prior to or at the exact date and time indicated on the Notice page. The Offeror’s response shall be submitted in a sealed envelope. The words “SEALED PROPOSAL” with the REQUEST FOR PROPOSAL TITLE, REQUEST FOR PROPOSAL NUMBER, PROPOSAL DUE DATE AND TIME and OFFEROR’S NAME AND ADDRESS shall be written on the envelope.

14. LATE PROPOSALS: Late proposals will be rejected and returned unopened.

15. OFFER AND ACCEPTANCE PERIOD: In order to allow for an adequate evaluation, the Town requires an offer in response to this solicitation to be valid and irrevocable for ninety (90) days after the proposal due date and time.

16. WITHDRAWAL OF OFFER: At any time prior to the specified solicitation due date and time, an offeror may formally withdraw the offer by a written letter, facsimile or electronic mail from the Offeror or a designated representative. Telephonic or oral withdrawals shall not be considered.

17. DISCUSSIONS: The Town reserves the right to conduct discussions with offerors for the purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the proposal in order to clarify an offer and assure full understanding of, and responsiveness to, solicitation requirements.

18. CONTRACT NEGOTIATIONS: Negotiations may be conducted with responsible offeror(s) for the purpose of altering or otherwise changing the conditions, terms and price of the proposed contract unless prohibited. Offerors shall be accorded fair and equal treatment in conducting negotiations and there shall be no disclosure of any information derived from proposals submitted by competing offerors.

Elevator Maintenance

19. UPON NOTICE OF INTENT TO AWARD: The apparent successful offeror shall sign and file with the Town, within ten (10) days after Notice of Intent to Award, all documents necessary to the successful execution of the Contract.

20. AWARD OF CONTRACT: Notwithstanding any other provision of the solicitation, the Town reserves the right to:

(1) waive any immaterial defect or informality; or

(2) reject any or all proposals, or portions thereof; or

(3) reissue the solicitation.

21. PROTEST REQUIREMENTS: A protest shall be in writing and shall be filed with the Town Manager in accordance with Section 3-4-9 of the Town Code. A protest of a Solicitation shall be received by the Town Manager not more than ten (10) days after the protestant knew or should have known of the basis for its protest or, if a protest of a contract award, no later than ten 10 days after a contract award. A protest shall include:

A. The name, address, and telephone number of the protestant;

B. The signature of the protestant or its representative;

C. Identification of the Solicitation or Contract number;

D. A detailed statement of the legal and factual grounds of protest including copies of relevant documents; and E. The form of relief requested.

EVALUATION REQUIREMENTS

I. EVALUATION CRITERIA

A. Threshold Review

The Town's Procurement Division will conduct a threshold review of each proposal for compliance with the minimum responsiveness requirements before substantive scoring begins. Proposals failing the threshold review shall be deemed non-responsive and shall not be scored. Threshold requirements include:

• Current Arizona ROC C-12 license in good standing

• Insurance and workers' compensation coverage meeting requested minimums

• 24/7 emergency callback dispatch capability documented in the proposal

• Three (3) references furnished

• Sample MCP, MCP development methodology narrative, and proposed PM frequency justification all included

B. Evaluation Criteria

Proposals will be scored against the following categories. Total possible score is 100 points.

# Category Max Points 1 Price Proposal 30 2 Maintenance Program & MCP 25 3 Response & Dispatch Capability 10 4 Contractor Qualifications & Experience 15 5 Personnel Qualifications & Experience 10 6 References & Past Performance 10 Total 100

1. Price Page: Included at the end of this document to be completed and submitted. Prices are to include the furnishing of all materials, equipment, tools, supplies, and all other facilities, and the performance of all labor and services necessary or proper for the completion of services and repair work.

2. Maintenance Program & MCP: Proposals will outline offeror’s approach to ongoing maintenance requirements, including documentation process, regular inspection schedules, on-site visibility and record keeping.

3. Response and Dispatch Capability: Offeror must demonstrate their ability to meet the Town’s response needs as outlined in Scope of Services above.

4. Contractor Qualifications & Experience: Offeror is to provide a brief history of the Offeror’s firm, including how long the Offeror has been in business performing services as requested in the Scope of Services.

5. Personnel Qualifications & Experience: A list of specific qualifications the Offeror, staff or subcontractor has in supplying the services listed in this proposal, including any applicable professional designations, certifications or licenses, etc. Offeror shall list the key personnel that will perform the functions of each proposed service or task. Offeror shall provide details on employee recruitment and training policies.

6. References and Past Performance: A list of at least three (3) previous and current references whose contracts are considered identical or similar to the Scope of Work herein. For each client listed, please include the name and phone number of a reference who is able to comment on the related experience.

II. GENERAL

A. Shortlist:

The Town reserves the right to shortlist the offerors. However, the Town may determine that short listing is not necessary.

B. Interviews:

The Town reserves the right to conduct interviews with some or all of the offerors at any point during the evaluation process. However, the Town may determine that interviews are not necessary. In the event interviews are conducted, information provided during the interview process shall be taken into consideration when evaluating the stated criteria. The Town shall not reimburse the offeror for the costs associated with the interview process.

C. Additional Investigations:

The Town reserves the right to make such additional investigations as it deems necessary to establish the competence and financial stability of any offeror submitting a proposal.

D. Prior Experience:

Experiences with the Town and entities that evaluation committee members represent may be taken into consideration when evaluating qualifications and experience.

A. Multiple Awards

To provide adequate contract coverage, at the Town’s sole discretion, multiple awards may be made.

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SPECIAL TERMS AND CONDITIONS

1. INSURANCE

The Contractor agrees to obtain insurance coverage of the types and amounts required consistent with the coverage limits shown below.

Coverage Afforded Limits of Liability

Workmen's Compensation Statute Employer's Liability $100,000

Professional Liability $500,000

Commercial General $1,000,000 - Bodily Injury; $2,000,000 Aggregate Liability Insurance Combined Single Limit (including blanket contractual $100,000 Property Damage and premises/operations)

Comprehensive Automobile Liability $1,000,000 – Bodily Injury (includes contractor's owned, hired, and Property or non-owned vehicles, assigned to Combined Single Limit or used in performance of the work) Each Occurrence

The Contractor shall provide satisfactory certificates on the required insurance coverage before beginning work.

All policies shall contain an endorsement providing that written notice be given to the Town at least thirty (30) calendar days prior to termination, cancellation or reduction in coverage policy. Insurance policies shall remain in force until all work has been completed and the completed project has successfully fulfilled its warranty period.

If a policy does expire during the life of the Contract, a renewal certificate of the required coverage must be sent to the Town of Oro Valley not less than five (5) workdays prior to expiration date. Each certificate shall include project description, project number and the signed acknowledgement of the insurance company.

The Town of Oro Valley shall be included as an additional insured and endorsement provided on all policies except Worker’s Compensation. Policies for General, Automobile, and Excess Liability are primary over any insurance available to the Town and as to any claims resulting from the Contract, it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the described insurance.

In regard to General, Automobile, and Excess Liability, the Contractor agrees to indemnify, defend and save harmless the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees, individually and collectively from all losses, claims, suits, actions, payments and judgments, demands, expenses, attorney’s fees, defense costs, or actions of any kind and nature resulting from personal injury to any person, including employees of the Contractor or any subcontractor employed by the Contractor (including bodily injury and death) or damages to any property, arising or alleged to have arisen out of the negligent performance of the Contractor for the work to be performed hereunder, except any injury or damages arising out of the sole negligence of the Town, its officers, agents or employees. The amount and type of insurance coverage requirements set forth in the Contract will in no way be construed as limiting the scope of indemnity in this paragraph.

STANDARD TERMS AND CONDITIONS

SECTION I – PAYMENT SCHEDULE

Payment terms shall be net-30 unless otherwise specified in the agreement. Monthly PM invoices shall be submitted after services have been rendered. Repair invoices shall itemize labor hours, hourly rate applied, parts used, and parts cost with applicable markup. Invoices that cannot be reconciled with verified service records per Section 2.7 may be returned for correction.

SECTION II – TERM

The term of this contract shall commence upon the date of signing by the Procurement Administrator and shall remain in effect for a period of one (1) year, unless terminated, canceled or extended as otherwise provided herein. The Contractor agrees that the parties shall have the right to renew the Contract for four (4) additional one-year periods, or portions thereof. In the event that the parties exercise such rights, all terms, conditions, and provisions of the original contract shall remain the same and apply during the renewal period with the possible exception of price and minor scope additions and/or deletions.

SECTION III – APPROVALS

All work shall be subject to approval by the designated Town Facilities Manager or designee.

Contractor agrees to exercise the skill and care which would be exercised by professionals performing similar services at the time and in the locality. If failure to meet these standards results in faulty work, Contractor shall undertake at its own expense the corrective adjustments or modifications.

SECTION IV – INDEMNIFICATION

The Contractor agrees to indemnify, defend, and save harmless the Town, its Mayor and Council, appointed boards and commissions, officials, officers and employees individually and collectively from all losses, claims, suits, demands, expenses, subrogations, attorney’s fees or actions of any kind and nature arising out of the Contractor’s negligence or any subcontractor employed by the Contractor including bodily injury and death, damages to any property or any other losses, claims, suits, demands and/or expenses arising or alleged to have arisen out of the work performed, except any injury or damages arising out of the sole negligence of the Town, its officers, agents or employees. The amount and type of insurance coverage requirements set forth in Section VII will in no way be construed as limiting the scope of indemnity in this paragraph.

SECTION V – RATE ADJUSTMENT

The Town will review fully documented requests for rate adjustment after any contract has been in effect for one (1) year.

Any rate adjustment will only be made at the time of contract extension and will be a factor in the extension review process. The Town will determine whether the requested rate adjustment or an alternate option, is in the best interest of the Town. Any rate adjustment will be effective upon the effective date of the contract extension.

SECTION VI – INSURANCE

Proof of insurance as detailed in the Special Terms and Conditions shall be required prior to contract execution.

SECTION VII – AMENDMENTS

Whenever a change in the scope of work is determined to be necessary, the work will be performed in accordance with the Contract provided. Before a change in the scope of work is implemented, an amendment shall be executed by the Town and the Contractor. Additions to, modifications of or deletions from the project may be made and the compensation to be paid to the Contractor may be adjusted accordingly by mutual written agreement of the contracting parties. It is agreed that no claim for extra work by the Contractor will be allowed by the Town except as provided, nor shall the

Elevator Maintenance

Contractor do any work not covered by this Contract unless the work is authorized through an amendment and signed by both parties PRIOR to starting any additional work.

TIME IS OF THE ESSENCE for this Contract. When the Contractor submits a request for additional time for which work must be completed in a contract, justification outlining the reason for applying for the extension must be provided and a date the work will be completed. If the extension is agreed to and signed by the Town and the Contractor, it binds the Contractor to complete the work by the extended date designated in the amendment unless the delay in completion of the work by the Contractor results from an unforeseeable cause beyond the control and without the fault or negligence of the Contractor. It is agreed the Town’s only liability for delay from any cause shall be limited to granting a time extension to the Contractor. There is no other obligation, expressed or implied, on part of the Town to the Contractor for delay from any cause.

SECTION VIII – TERMINATION

This Contract may be terminated at any time by mutual written consent, or by the Town, with or without cause, upon giving thirty (30) days written notice. If this Contract is terminated, the Town shall be liable only for payment for services rendered and accepted by the Town before the effective date of termination.

The Town reserves the right to terminate in whole or any part of this Contract due to the failure of the Contractor to carry out any term or condition of the Contract. The Town will issue a written notice of default to the Contractor for failing to perform the stipulations, conditions or services/specifications required in this Contract. The Contractor shall have 5 days from receipt of the notice to rectify the failure or establish a plan for remedy. Contractor shall provide documentation of the remedy or proposed plan for approval by the Town.

The Town may terminate this Contract for cause if:

A. In the opinion of the Town, the Contractor attempts to impose personnel, materials or services of an unacceptable quality;

B. In the opinion of the Town, the Contractor fails to furnish the required services and/or product within the time stipulated in the Contract;

C. In the opinion of the Town, the Contractor fails to make progress in the performance of the requirements of the

Contract;

D. The Contractor gives the Town a positive indication that the Contractor will not or cannot perform to the requirements of the Contract.

If funds that are appropriated or allocated for the payment of obligations under this Contract are not allocated by the Town and available for the continued purchase of the services and/or materials provided under this Contract, this Contract may be terminated by the Town at the end of the period for which funds are available. The Town will notify the Contractor in the event that continued service will or may be affected by non-appropriation. No penalty shall accrue to the Town in the event that this provision is exercised, and the Town shall not be obligated or liable for any future payments due or for any damages as a result of termination under this paragraph.

Upon Notice of Termination the Contractor shall apprise the work the Contractor has completed and submit this appraisal to the Town for evaluation.

The Contractor shall receive as compensation for services performed through the date of such termination, a fee for the percentage of work actually completed. This fee shall be a percentage of the Contractor fee described in this Contract and shall be in the amount mutually agreed to between the Contractor and the Town. The Town shall make this final payment within sixty (60) days after the Contractor has delivered the last of the partially completed items or service.

Notice required under this section shall be in writing and shall be served by certified mail upon the other party. When served by certified mail, services shall be conclusively deemed made five (5) days after posting thereof in the United States mail, postage prepaid.

SECTION IX – OTHER CONTRACTS

The Town may, as its sole option, enter into Contracts for additional work related to these services.

SECTION X – FORCE MAJEURE

Notwithstanding any other term, condition, or provision hereof to the contrary, in the event any party hereto is precluded from satisfying or fulfilling any duty or obligation imposed upon such party by the terms hereof due to labor strikes, material shortages, war, civil disturbances, pandemics, weather conditions, natural disasters, acts of God or other events beyond the control of such party, the time period provided herein for the performance by such party of such duty or obligation shall be extended for a period equal to the delay occasioned by such events and must be agreed to IN WRITING by both parties.

SECTION XI – ARBITRATION OF DISPUTES

Any dispute arising under this Contract that is not settled by the Town and the Contractor may, upon mutual agreement of the parties, be decided by an Arbitration Board composed of a representative of the Town, a representative of the Contractor and a representative mutually acceptable to the Town and the Contractor. The Town, however, reserves its rights as set forth in Arizona Revised Statutes, Title 12. The Contractor shall continue to render all services requested in this Contract without interruption, notwithstanding the provisions of this Section. Nothing herein shall be deemed to require arbitration except at the Town’s discretion. The laws of the State of Arizona shall apply to this Contract, and the Contractor agrees to subject itself to the jurisdiction of the Courts of the State of Arizona for any conflict that arises from the terms of this Contract.

SECTION XII – INDEPENDENT CONTRACTOR

It is clearly understood that each party shall act in its individual capacity and not as an agent, employee, partner, joint-venturer or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other party for any purpose whatsoever.

The Contractor is advised that taxes or social security payments shall not be withheld from a Town payment issued hereunder and that Contractor should make arrangements to directly pay such expenses, if any.

The Town will not provide any insurance coverage to the Contractor including Workers’ Compensation coverage.

SECTION XIII – OWNERSHIP OF DOCUMENTS

All documents including, but not limited to, tracings, drawings, original mylars, estimates, field notes, investigations, design analysis and studies which are prepared in the performance of this Contract are to remain the property of the Town. The Contractor shall furnish the Town, upon request, originals or copies of technical specifications and copies of all documents listed above.

SECTION XIV – NO KICK-BACK CERTIFICATION

The Contractor warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee; and that no member of the Town Council or any employee of the Town has an interest, financial or otherwise, in the Contractor’s firm.

For breach or violation of this warranty, the Town shall have the right to annul this Contact without liability or, at its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee.

SECTION XV – CONFLICT OF INTEREST

This Contract is subject to the provisions of A.R.S. § 38-511 which provides in pertinent part that the State, its political subdivisions or any department of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the State, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the State, its political subdivisions or any of the departments or agencies of either is, at any time, while the Contract or any extension

Elevator Maintenance of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or a Contractor to any other party to the Contract with respect to the subject matter of the Contract.

SECTION XVI – ASSIGNMENT

This Contract shall not be assignable except at the written consent of the parties, and it shall extend to and be binding upon the heirs, executors, administrators, successors and assigns of the parties.

The Contractor may assign money due to him under terms of this Contract to a banking or lending institute. The Town shall assist the Contractor in performing the assignment by testifying to the progress of the work as may be required.

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