CITY OF CHANDLER

NOTICE OF REQUEST FOR PROPOSAL HO2-988-4387

SOLICITATION TITLE:

SOLICITATION NO.:

PROPOSAL DUE DATE:

PROPOSAL DUE TIME:

SUBMIT TO:

PRE-PROPOSAL CONFERENCE:

CONFERENCE ATTENDANCE:

CONTACT:

ISSUE DATE:

PUBLIC HOUSING LANDSCAPE SERVICES

HO2-988-4387

September 14, 2021

4:00 pm local Arizona time

Via email to:

raquel.mcmahon@chandleraz.gov Email and attachments may not exceed 50 MB

August 31, 2021 10:00 am local Arizona time

Dial In Number: 1-415-655-0001 Meeting Number: 145 066 7038

Raquel McMahon, CPPB Procurement Officer Phone: (480) 782-2407 Email: raquel.mcmahon@chandleraz.gov

August 16, 2021

Proposals for the commodity or service specified will be received by the Purchasing Division, City of Chandler, via email to raquel.mcmahon@chandleraz.gov, until the time and date cited above.

Proposals must be received in the email inbox of the responsible Procurement Officer on or prior to the exact time and date indicated above.

Instructions for preparing proposals are provided on the following pages.

RFP Summary: The City is requesting proposals from qualified offerors to provide the City with landscape services pursuant to the attached agreement.

INFORMATION AND INSTRUCTIONS TO PROPOSERS

1. Vendor Registration. Proposers must register via the on-line vendor registration system to automatically receive notification of addenda to this solicitation or notice of other solicitation opportunities. Visit https://www.chandleraz.gov/business/vendor-services/purchasing, select Vendor Registration and Management.

2. Addendum. This RFP may only be modified by a written addendum. Proposers are responsible for obtaining all addenda. A Proposer must not rely on verbal responses to inquiries. A verbal reply to an inquiry does not constitute a modification of the solicitation.

3. Late Proposals. Late proposals will not be accepted. It is the sole responsibility of the

Proposer to ensure that its proposal is received at or prior to the exact date and time indicated on the Notice Page. The time stamp of the City’s email system will govern timeliness of submission.

4. Cost of Proposal Preparation. The City will not reimburse any Proposer the cost of responding to a solicitation.

5. Duty to Examine. It is the responsibility of each Proposer to examine the entire solicitation, seek clarification and make inquiries, and examine its proposal for accuracy before submitting it. Lack of care in preparing a proposal will not be grounds for modifying or withdrawing the proposal after the due date and time, nor will it give rise to any claim.

6. Inquiries. Any inquiry related to this solicitation, including any requests for or inquiries regarding standards referenced in the solicitation must be directed solely to the Procurement Officer listed on the cover page of the solicitation. Proposers will not contact or direct inquiries concerning this solicitation to any other City employee unless the solicitation specifically identifies a person other than the Procurement Officer as a contact.

All inquiries, except those at the Pre-Proposal Conference, should be submitted in writing and refer to the appropriate solicitation number, page and paragraph. The City will consider the relevancy of all inquiries but is not required to respond in writing.

Any inquiry must be submitted as soon as possible and should be submitted at least ten days before the proposal due date and time for review and determination by City. Failure to do so may result in the inquiry not being addressed in a solicitation addendum.

7. Remote Attendance at Pre-Proposal Conference. The City may offer remote attendance at the Pre-Proposal Conference via a City-hosted dial-in meeting. If remote attendance is offered, meeting details will be provided on the Notice Page. Interested Offerors attending remotely may be required to register and provide, at a minimum, attendee name and company name.

Remote attendance is provided as a courtesy. Attendees are responsible for all aspects of their attendance. The City will not provide technical support for remote attendance.

https://www.chandleraz.gov/business/vendor-services/purchasing

8. Exceptions to the Solicitation. Any exception to the solicitation must be submitted as soon as possible and should be submitted at least ten days before the proposal due date and time for review and determination by City. Failure to do so may result in the exception not being addressed in a solicitation addendum.

9. Proposal Amendment or Withdrawal. A proposal may be withdrawn at any time before the due date and time. A proposal may not be amended or withdrawn after the due date and time except as otherwise provided by applicable law.

10. Unit Price Prevails. In the case of discrepancy between the unit price or rate and the extension of that unit price or rate, the unit price or rate will govern.

11. Non-Collusion and Non-Discrimination. By signing and submitting the proposal, the

Proposer certifies that the Proposer did not engage in collusion or other anti-competitive practices in connection with the preparation or submission of its proposal; and the Proposer does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, age, sex, national origin, or disability, and that it complies with all applicable Federal, state and local laws and executive orders regarding employment.

12. Waiver and Rejection Rights. The City reserves the right to waive any immaterial defect or informality; or reject any or all proposals, or portions thereof; or reissue the Request for Proposal; and will be the sole judge of the merits of the proposals received.

13. Proposal Opening. Proposals will be opened as indicated on the Notice Page, unless amended in writing by the Procurement Officer issuing the solicitation. The name of each Proposer will be public information following the proposal opening. No other information will be publicly disclosed at that time.

14. Public Record. All proposals submitted in response to this solicitation and all evaluation related records will become property of City and will become a matter of public record for review, subsequent to publication by the City of the proposed award in the agenda for the City Council Meeting, or upon award by the appropriate approving authority or as otherwise required by law.

15. Confidential Information. A request for nondisclosure of data such as trade secrets or other proprietary information must be submitted with the proposal and must contain the basis for the request. Any information included in the request must be submitted as a separate file. Price is not confidential and will not be withheld. A blanket statement of confidentiality will not be considered. It is the Proposer’s responsibility to identify and segregate the information in the proposal provided to the City.

The City will review all requests for confidentiality and may approve or deny all or portions of the request. Information denied confidentiality will be released as public information. In the event of a public records request for information granted confidentiality, the City will endeavor provide 48-hours’ notice before releasing materials in order for the Proposer to apply for a court order blocking the release of the information.

16. Proposal Acceptance Period. All proposals will remain valid for 120 days after the day of the opening of proposals. The City may, at its sole discretion, release any proposal and return any security (as applicable) prior to that date. No Proposer may withdraw a proposal during this period without written permission from the City. Should any Proposer refuse to enter into an agreement, under the terms and conditions of the procurement, the City may retain any security (as applicable) as liquidated damages.

17. Discussions with Proposers and Revisions to Proposals. Discussions and additional investigations may be conducted with responsible Proposers who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Proposers will be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final proposals.

In conducting discussions, there will be no disclosure of any information derived from proposals submitted by competing Proposers. The purposes of such discussions will be to:

determine in greater detail such Proposer’s qualifications; explore with the Proposer the scope and nature of the project, the Proposer’s proposed method of performance, and the relative utility of alternate methods of approach; determine that the Proposer will make available the necessary personnel and facilities to perform within the required time; agreeing upon compensation, which is fair and reasonable, taking into account the estimated value of the required services, and the scope, complexity and nature of such services.

18. Clarifications. City reserves the right to obtain Proposer clarifications where necessary to arrive at full and complete understanding of Proposer’s product, service, and solicitation response. Clarification means a communication with a Proposer for the purpose of eliminating ambiguities in the proposal and does not give Proposer an opportunity to revise or modify its proposal.

19. Agreement Negotiations. City reserves the right to conduct exclusive or concurrent negotiations with responsible Proposer(s) for the purpose of agreeing to the conditions, terms and price of the proposed agreement unless prohibited. Proposers will be accorded fair and equal treatment in conducting negotiations and there will be no disclosure of any information derived from proposals submitted by competing Proposers. Exclusive or concurrent negotiations will not constitute an agreement award nor will it confer any property rights to the successful Proposer. In the event the City deems that negotiations are not progressing, the City may formally terminate these negotiations and may enter into subsequent concurrent or exclusive negotiations with the next most qualified Proposer(s).

20. Payment. Proposers may agree to accept the City Procurement Card (Mastercard) for payment. Proposers should indicate on the Proposer Information and Offer Section of this RFP, their willingness to accept City Procurement Card payments. The inability to accept payment by City Procurement Card will not disqualify a Proposer’s response.

Proposers may also agree to accept other traditional payment methods, including automated clearinghouse (ACH). Payment terms for traditional payment methods are Net

30 upon receipt of an accurate invoice. Proposers may propose additional discounts for early payment within their proposal.

21. Local Business Consideration. Where the Chandler Administrative Regulation MS-16 Local Business Consideration is applicable, any applicable Chandler Transaction Privilege Tax will be deducted from the net cost for the purpose of evaluation.

22. Protests. A protest must be in writing and be filed with the Purchasing Division. To be considered filed, a protest must be submitted via email to the Procurement Officer identified on the Notice Page.

A protest of a solicitation must be received not less than five days before the solicitation opening date.

A protest of a proposed award requiring City Council approval must be filed within five calendar days of the first posting of the award recommendation. Award recommendations are posted on the Purchasing web site at www.chandleraz.gov/purchasing and/or the City Clerk web site at http://www.chandleraz.gov/default.aspx?pageid=1007 If the protest due date occurs on a weekend or holiday, the protest must be filed the next business day.

A protest of an award not requiring City Council approval (less than $50,000 or $30,000 for Consultants) must be submitted within ten calendar days of the date the protester knows or should have known the basis of the protest.

A protest must include:

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

• The signature of the protester or its representative;

• Identification of the project and the solicitation or agreement number;

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

The City will review the protest and may issue a written response.

23. Award. Unless otherwise provided in this solicitation, the City reserves the right to make multiple awards, award by item, group or as a total, as is deemed most advantageous to the City.

24. Execution of Agreement. Within ten days of notice that Proposer is the recommended awardee, Proposer will execute and return the Agreement to Purchasing.

25. Persons with Disabilities. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Procurement Officer.

Requests must be made as early as possible to allow time to arrange the accommodation.

http://www.chandleraz.gov/purchasing http://www.chandleraz.gov/default.aspx?pageid=1007

PROPOSAL CONTENT

Proposers must submit one copy of the proposal via email to the responsible Procurement Officer.

The REQUEST FOR PROPOSAL TITLE, NUMBER AND OFFEROR NAME should be in the subject line of the email. Emails and attachments may not exceed 50 MB in size. Attachments should be in .pdf format and named with the RFP number and Offeror name. A single email is preferred, however multiple emails are permissible provided that all are received prior to the due date and time.

Proposals should include the following information in the order listed:

1. Completed Proposer Information and Offer Section. Complete and submit the Proposer Information and Offer Section in the format provided in this solicitation. Failure to do so may result in the proposal being rejected as non-responsive. The Proposer Information and Offer Section within the solicitation must include a signature by a person authorized to sign the proposal. The signature must signify the Proposer’s intent to be bound by its Proposal and the terms of the solicitation and that the information provided is true, accurate and complete.

2. Responses to Proposal Evaluation Criteria. Submit information requested in the Evaluation Criteria Section provided in this solicitation. Forms, such as pricing forms, must be completed in the format provided in the solicitation. Failure to do so may result in the proposal being rejected as non-responsive.

3. Exceptions to Agreement. The City’s standard Agreement is included as a part of this solicitation. By submitting a proposal, the Proposer acknowledges having reviewed the Agreement. Any exceptions to the Scope of Work or Specifications or to Agreement terms and conditions must be included with the proposal and be clearly identified. Exceptions not included in the proposal may not be introduced in the future. Any exceptions to the Scope of Work, Specifications or the Agreement language will be considered and included in City’s evaluation of the proposal. A proposal that takes exception to a material requirement of any part of the Scope of Work, Specifications or Agreement language may be rejected as non-responsive.

4. Disclosure. If the Proposer has been debarred, suspended or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any Federal, state or local government, or if any such preclusion is currently pending, the Proposer must make disclosure. In the proposal, the Proposer must include information including the name and address of the governmental entity, the effective date and duration of this suspension or debarment, and the relevant circumstances. The City reserves the right to reject a proposal received from a Proposer, including each of its principals, who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity.

PROPOSER INFORMATION AND OFFER SECTION

Company Name

Business Type (Corporation, Partnership, etc.)

State of Incorporation (if applicable)

Federal Tax I.D. No.

Address

City, State, Zip

Authorized Signature

Name and Title

Contact Name

Title

Telephone

E-mail

Chandler Transaction Privilege Tax (TPT) No. (if applicable) Date of issue:

Is proposed purchase subject to TPT? _______yes _______no

Will you accept a City Procurement Card (MasterCard) for payment of invoices? _______yes _______no

If you accept a MasterCard for payment, do you charge a fee?

_______yes _______no If yes, what is the fee?______

Will you accept automated clearinghouse (ACH) for payment of invoices? _______yes _______no

Prompt Payment Terms Offered _______% Net _________ days

Disclosure of Debarment or Suspension _______yes _______no (If yes, please attach description of the circumstances)

Exceptions Taken

_______yes _______no

(If yes, please attach a clearly identified section)

Date Addendum #1 Acknowledged/Received

Date Addendum #2 Acknowledged/Received

Date Addendum #3 Acknowledged/Received

EXHIBIT A

SCOPE OF WORK

1. STATEMENT OF PURPOSE:

1.1. The City of Chandler Housing and Redevelopment Division (HRD) is seeking proposals from licensed Landscaping Contractors with demonstrated professional competence and experience to provide landscape maintenance services for the City’s Public Housing properties.

1.2. HRD owns and maintains five (5) apartment complexes, and 103 single-family homes. This contract includes the annual landscape maintenance of five (5) apartment complexes and landscape services for the scattered single family homes on an as needed basis.

2. SCOPE OF WORK:

2.1. Apartment Sites Tree Pruning (Bid Lot One):

2.1.1. Apartment site tree pruning shall be performed as needed at the five (5) public housing apartment.

2.1.2. Prune all trees on the sites in an acceptable and methodical manner, using selective pruning in keeping with good horticultural practices.

2.1.3. All trees shall be trimmed a minimum of five (5) feet above roofs, three (3) feet from the face of buildings, eight (8) feet above sidewalks, and 13’-6” above driveways and streets.

2.1.4. Pruning shall include the removal of dead, dying, diseased, crossing and broken branches;

not to exceed 25 feet in height, of each tree.

2.1.5. Pruning at heights over 25 feet where climbing gear or man lifts are required, shall NOT be included in the annual service agreement. These pruning tasks will be performed on an as needed basis and will be billed separately from the annual contract using specific cost quotes.

2.1.6. Additional touch up tree trimming and pruning services may be required throughout the year on an as need basis and will be billed separately from the annual contract using independent cost quotes.

2.2. Apartment Sites Shrub Pruning (Bid Lot One):

2.2.1. Apartment site shrub pruning shall be performed as needed at the five (5) public housing apartment sites.

2.2.2. All shrubs shall be pruned a minimum of three (3) feet from buildings, one (1) foot from curbs, sidewalks, drives, and parking spaces.

2.2.3. Prune all shrubs on the sites in an acceptable and methodical manner, using selective pruning in keeping with good horticultural practices.

2.3. Apartment Sites Cleanup (Bid Lot One):

2.3.1. Apartment site cleanup shall be performed one (1) time per month at the five (5) public housing apartment sites.

2.3.2. Apartment site cleanup shall consist of removing vegetation debris, trimmings, leaves, weeds and trash from the site.

2.3.3. Pick-up bulk items such as but not limited to couches, tv's, mattresses, etc., and dispose of them at the landfill weekly. Include disposal fees in cost.

2.3.4. Site cleanup includes all landscaped areas, lawns, granite, playgrounds, courts and sidewalks.

2.3.5. The asphalt driveways and parking areas are not included.

2.4. Apartment Sites Lawn Mowing (Bid Lot Two):

2.4.1. Lawn mowing shall be performed at two (2) of the public housing apartment sites located at 73 S. Hamilton St. and 660 S. Palm Ln.

2.4.2. Lawn mowing shall be performed (1) time a week starting April 15 and ending November 1 for the apartment sites located at 73 S. Hamilton St. and 660 S. Palm Ln.

2.4.3. All turf shall be mowed to not less than 1-1/2” in height and no more than 2” in height. The height of cutting to be maintained consistently to insure against mower burns or gouging.

2.4.4. Turf will be edged and trimmed as necessary to maintain a neat appearance.

2.4.5. All lawn areas inaccessible to mowing equipment will be trimmed. Care shall be taken with trimmers to avoid damaging tree trunks and property.

2.4.6. Prior to mowing, the area shall be cleaned and free of all debris, trash, bottles and miscellaneous litter.

2.4.7. Bagging of grass will not be required unless there are piles of grass left after mowing or deemed necessary by the MS.

2.5. Apartment Sites Weed Control (Bid Lot Three):

2.5.1. Contractor shall be responsible for keeping the five (5) apartment sites free of weeds and unwanted grass.

2.5.2. Contractor shall maintain the areas with herbicides and manual labor as needed.

2.5.3. Pre-Emergent: Two (2) complete applications of Surflan, or approved alternate, applied at a rate of 4 quarts per acre for all sites.

2.5.4. Post-Emergent: Post emergent herbicides shall be used by the Contractor for weed control as needed at the Contractor’s expense.

2.5.5. Weeds that exceed 3” in height or diameter shall be manually removed.

2.5.6. All dead weeds and chemically controlled weeds shall be removed or raked out.

2.5.7. All turf areas shall be treated for weed control in the winter with one (1) application of broadleaf weed control. Any additional turf applications shall be applied at Contractor’s expense. Mowing of grass is not considered a weed control measure.

2.5.8. Any additional herbicide application needed, other than the required applications of pre-emergent and turf herbicide, shall be the Contractor’s responsibility and applied at their own expense.

2.5.9. Contractor shall complete and furnish copies of herbicide Spray Logs with the billing invoices to the MS on a monthly basis.

2.5.10. No soil sterilants of any type shall be used.

2.5.11.

2.6. Additional Landscape Maintenance Services (As Needed):

2.6.1. During the term of the contract HRD may require the Contractor to provide additional landscape services on an as needed basis.

2.6.2. A scope of work will be determined by the MS and the Contractor shall provide a quote for the cost of services. No work shall be performed prior to approval by the MS.

2.6.3. The additional landscape services may include items listed in the scope of work and include tree removal, stump grinding, landscaping installation, tree/shrub planting, palm tree trimming, tree lacing and vegetation removal.

2.7. Scattered Single Family Home Yard Maintenance (As Needed):

2.7.1. Yard maintenance services on the scattered single family homes typically result from a neglected yard and must be completed expeditiously within five (5) days of notification.

2.7.2. Yard maintenance services may include yard cleanup, weed control, mowing, trimming, and irrigation repairs as described in the scope of work. The cost for, “Scattered Home Yard Maintenance” shall be inclusive of all tasks listed.

2.7.3. Scatted home yard cleanup shall involve the removal of all debris as directed by the MS, including but not limited to such items as lawn clippings, pruned vegetation, weeds, and trash.

2.7.4. Alley cleanup behind the property may be requested and would require the removal of debris within the property lines to the middle of the alley.

2.8. Emergency Landscape Services: Emergency landscape services may be requested for landscape related damage that pose an immediate safety hazard, blocks traffic, restricts the use of sites or causes a similar nuisance. Emergency services typically result from storm damage or fallen trees/branches that require cleanup and removal.

2.9. General Requirements:

2.9.1. The City reserves the right to change the frequency and schedule of landscape services provided in this contract.

2.9.2. Contractor shall supply, at Contractor’s own expense, all labor, supervision, parts, materials, chemicals, tools, equipment, and transportation necessary to perform all the specified landscape services.

2.9.3. Contractor shall comply with applicable federal, state and local laws, ordinances, and codes associated with the specified landscape services.

2.9.4. Contractor shall obtain any licenses, permits and certifications required to perform the work specified in this RFP.

2.9.5. All Debris resulting from landscape services shall be removed from the City’s property and legally disposed of at the end of each work day. Contractor will vacuum or sweep up all remaining debris, leaves, and clippings from sidewalks, parking spaces, driveways, gravel areas, and playgrounds prior to leaving the site.

2.9.6. Contractor shall not sweep or blow trash, leaves, clippings, or landscape debris into planters, driveways, parking, and playgrounds, or onto adjacent property.

3. LANDSCAPE SERVICE COSTS:

3.1. The annual landscape services for the five (5) apartment sites shall be bid as three bid lots.

Provide pricing for the following bid lots on the Pricing form in Exhibit B

3.1.1. Bid Lot One: Apartment Sites Tree Pruning, Apartment Sites Shrub Pruning, and

Apartment Sites Cleanup

3.1.2. Bid Lot Two: Apartment Sites Lawn Mowing

3.1.3. Bid Lot Three: Apartment Sites Weed Control

3.2. Scattered Single Family Home Yard Maintenance and Additional Landscape Maintenance Services will be quoted by the Contractor on an as needed basis.

3.3. Emergency landscape services shall be priced on a per man hour rate for debris cleanup utilizing hand tools typically used for landscape maintenance, cleanup and pruning. In the event special equipment is needed (i.e. backhoe, man lift, crane) a price quote will be provided by the Contractor and must be approved by HRD prior to starting work.

3.4. Contractor shall provide proper equipment and tools. HRD will not pay for extra man hours when labor saving devices are readily available to efficiently and effectively provide landscape services as set forth in this contract.

4. PROPERTY LOCATIONS AND DESCRIPTION:

4.1. The five (5) apartment sites are located at 130 N. Hamilton St., 210 N. McQueen Rd., 73

S. Hamilton St., 660 S. Palm Ln., and 127 N. Kingston St. See site maps Exhibit F.

4.2. With the exception of 660 S. Palm Lane, landscaping services shall cover the entire site within the property boundaries including the landscaped areas between the site wall and the adjacent streets, as shown on the site maps.

4.3. At 660 S. Palm Lane, the landscape strip between the west property wall and Nebraska Street shall not be included in the landscape service area.

4.4. The Family Investment Center located at 71 S. Hamilton St. shall be included with the 73 S. Hamilton St. apartment site landscape maintenance services described in the Scope of Work (section 2).

4.5. The 103 single family homes located within the Chandler City limits.

5. PROCUREMENT AND BILLING:

5.1. Routine landscape services shall be billed monthly for work performed.

5.2. Non-routine (As Needed) landscape service work shall be performed by the Contractor after receiving written approval for proposed/quoted work.

5.3. Upon completion of service work, the Contractor shall provide a monthly invoice signed by the service representative. The invoice shall include, but not be limited to, the following information:

5.3.1. Company name, address, and phone number

5.3.2. Purchase order number

5.3.3. Invoice date

5.3.4. Invoice number

5.3.5. Date of service

5.3.6. Detailed description of the work performed

5.3.7. Itemized list of all charges (quantity, description, unit pricing per the contract)

5.3.8. Tax amount (if applicable)

5.3.9. Arrival, departure, and total time spent on job.

6. SERVICE HOURS & RESPONSE TIME:

6.1. Regular Service Hours: Contractor shall provide landscape services Monday through Friday from

8:00 AM to 5:00 PM.

6.2. Response Time for Additional Landscape Services: Contractor shall respond on-site and start work within five (5) days of receiving a request for services from HRD.

6.3. Emergency Request: Contractor shall arrive to the property location for emergency service requests within 24 hours after notification by HRD, including weekends and holidays, and start mitigation of the emergency item(s).

6.4. Scattered Single Family Home Yard Maintenance: Yard maintenance services on the scattered single family homes typically results from a neglected yard and must completed expeditiously within five (5) days of notification. In the event maintenance services are extensive, completion time may be extended at the discretion of the MS.

7. CONTRACTOR QUALIFICATIONS:

7.1. Contractor shall have a current Arizona Registrar of Contractors CR-21 Landscaping and

Irrigation Systems license. Copies of license(s) must be submitted with the bid package.

7.2. Contractor shall have a minimum of five (5) years’ experience as an Arizona Registrar of

Contractors licensed landscaping service Contractor. Proof of Contractor’s experience must be submitted with the bid package.

7.3. Contractor shall comply with all applicable federal, state and local laws, rules, regulations, ordinances and codes and possess any license(s), permits, and certifications required to provide the services under this RFP. Proof of required license(s) must be submitted with the bid.

7.4. Contractor shall have a current license through the Office of Pest Management for the application of herbicide products at the time of submittal. All chemical application must be done by applicators certified through the Office of Pest Management. Proof of required license(s) must be submitted with the bid.

7.5. Contractor shall have an ISA Certified Arborist or Certified Tree Worker available to train, oversee and supervise all pruning of trees.

8. QUALITY CONTROL:

8.1. Where not more specifically described in any of the contract documents, workmanship shall conform to all of the methods and operations of best standards and accepted practices of the trade or trades involved. All work shall be executed by personnel skilled in their respective lines of work.

8.2. All work specified herein shall be completed under the direction of and to the satisfaction of the MS or designee.

8.3. Contractor shall establish a complete quality control program to assure the requirements of the contract are provided as specified. One copy of the Contractor's quality control program shall be provided to the MS and the Purchasing Division for approval at the time of award. The Contract Administrator/designee will approve or disapprove the Contractor's program within 10 working days of submittal. Contractor must have an approved program before commencing work under this Agreement.

8.4. The MS or designee will monitor Contractor's performance to insure Contractor compliance with the requirements of the contract. In the event a deficiency exists, Contractor will be required to explain in writing why performance was unacceptable, how performance will be returned to acceptable levels, and how reoccurrence of the problem will be prevented in the future.

Deficiencies shall be corrected by Contractor within five (5) business days. The Contractor will not be paid for services not rendered in accordance with the standards set forth in this contract, notwithstanding that the Contractor is required to rework services that were unsatisfactorily performed.

8.5. Contractor shall apply all chemicals, in accordance with all applicable laws, rules, and regulations as well as manufacturer’s instructions.

8.6. All site chemical applications shall be performed by applicators licensed through Arizona Department of Agriculture, Office of Pest Management (OPM).

8.7. Contractor shall only apply chemicals approved and registered by the Environmental Protection Agency and considered safe for use in residential areas by the OPM.

8.8. Contractor shall have a program in place to alternate chemical treatments in order to avoid reduction in effectiveness of treatments over time.

8.9. Pruning standards shall follow the Arizona Landscape Contractor Association Standards for Landscape Care for correct pruning.

9. SITE USE AND SAFETY REQUIREMENTS:

9.1. The Contractor’s employees shall be identified by a company shirt and identification badge. No employee will be allowed on the City’s properties out of uniform.

9.2. All vehicles used by the Contractor must be clearly identified with the name of the company and local phone number.

9.3. Contractor must take necessary safety precautions to prevent any work related safety hazards for employees, residents and the public while performing work under this contract.

9.4. Contractor shall follow OSHA and industry safety standards, and use only industry approved safety equipment in accordance with OSHA and the manufacturer’s specifications in the performance of all duties.

9.5. Contractor shall be responsible for cleaning, repairing, or replacement of any damage to the City’s or resident’s property caused by the Contractor while performing work associated with this service agreement.

9.6. Any damage to sprinkler or irrigation systems, caused by the Contractor shall be repaired prior to the leaving the site.

9.7. City dumpsters and/or resident trash containers shall not be used for disposal of any related material.

9.8. Contractor can park in visitor spaces; parking in designated spaces is not permitted.

10. HUD MAINTENANCE WAGE RATES DETERMINATION (MWRD): The U.S. Department of Housing and Urban Development (HUD) has determined that, for non-construction maintenance work (work not covered by Davis-Bacon requirements), the Housing Authority (HA) must ensure that Contractors do not pay its employees that perform such work for the HA at a rate less than the rates listed on the HUD MWRD table below. By submitting a bid, each bidder is thereby agreeing to and verifying that he/she will not pay his/her employees at rates less than the following:

10.1. HUD Maintenance Wage Rate Determination for the City of Chandler Housing

Division

Classification HUD Determined Wage Rate HUD Determined Fringe Benefit

Groundskeeper $15.50 $1.74

Laborer $13.69 $1.57

10.2. The Groundskeeper position performs mowing, trimming, weeding, planting, cultivation, watering, pruning, irrigation repairs, and applying fertilizers, herbicides, and pesticides.

10.3. The Contractor is not required to submit certified payrolls or pay employees weekly as required by Davis-Bacon and related acts.

10.4. The Housing Division is required to perform periodic checks to verify that employees are being paid at least the wage rates indicated in the HUD MWRD for the work performed under this service contract.

11. CONDITION OF MAINTENANCE AREAS AT BEGINNING OF CONTRACT. Upon receiving official notification that an Agreement has been approved by City Council, Contractor shall inspect the area for identification of pre-existing conditions that would prevent or adversely affect completion of any normal specific deficiencies found at each Agreement area and submit the list to the MS or designee for review before a Notice to Proceed or purchase order will be issued. The Contract Administrator/designee will evaluate each problem listed to determine if extra compensation is warranted for repair work prior to starting routine maintenance.

The MS or designee may authorize the Contractor to make extra cost repairs or may determine that the items listed represent normal conditions that might be expected at any time during the contract period.

The determination or disposition of all items listed shall be the responsibility of the MS or designee, whose decision shall be final and binding upon the Contractor. All repairs to pre-existing conditions deemed necessary and authorized by the MS or designee, shall be made prior to the start of normal maintenance for the identified areas.

12. CONDITION OF MAINTENANCE AREAS AT END OF CONTRACT: Thirty days prior to the expiration or termination of this Agreement, the MS or designee and the Contractor (if desired) will make a final inspection to determine the condition of all maintenance areas. Items found to be improperly maintained by the outgoing Contractor will be listed and evaluated by the MS or designee.

If the Contractor does not take correcting action, the Contract Administrator/designee will arrange for repairs to be made and the costs for making repairs to the areas will be deducted from final payments to the outgoing Contractor. The same will apply even if the current (outgoing) Contractor has been awarded a new Agreement for the same areas.

EVALUATION CRITERIA

Qualifications and Experience 35%

• Provide a brief history of the company including number of years in business, primary business focus and number of years providing the services described in the Scope of Work

• Provide the qualifications of the company and its leadership relative to the services described in the Scope of Work

• Provide resumes or statements of qualifications for company leadership

• Provide ____ references relative to the services described in the Scope of Work

• Provide resumes or statements of qualifications for all proposed key personnel. Identify the role of each individual and describe the reporting structure for oversight ensuring quality services

• Financial reports

Method of Approach 40%

• Provide a narrative that describes the approach to the Scope of Work including a project timeline, milestones, deliverables, personnel responsible for milestones and deliverables;

number of hours each team member will expend in each phase of the project

• Provide an overview of proposed solution’s functionality

• Provide an overview of proposed solution’s technical abilities

• Describe methodology for implementation of proposed solution including estimated timeframe, overview of deliverables, assumptions and assumed responsibilities of all parties

• Indicate any third parties, partners and/or subcontractors that will be used in the implementation of the proposed solution and what their specific roles and functions will be

• Describe the role of City staff and proposed staff for testing

• Give an overview of proposed training plan/strategy, specifying how and when training is to be delivered

• Describe the role of City staff and proposed staff for training including the design and implementation of the training plan, development of training materials and level of assistance with training

Price Proposal 25% Complete the Price Proposal Page.

EXHIBIT B

PRICE PROPOSAL PAGE

Apartment Sites Annual Landscape Services ITEM Unit of Measure Cost Bid Lot One: Apartment Sites Tree and Shrub Pruning, and Cleanup (Sections 2.1, 2.2, 2.3)

Annual $

Bid Lot Two: Apartment Sites Lawn Mowing (Section 2.4) Annual $

Bid Lot Three: Apartment Sites Weed Control (Section 2.5) Annual $

Hourly Rates for As Needed Landscape Services ITEM Unit of Measure Cost Yard & Site Cleanup General Per Man Hour $ Scattered Home Yard Maintenance Per Man Hour $ Weed Control (manual & chemical) Per Man Hour $ Lawn Mowing & Edging Per Man Hour $ Tree Trimming & Pruning Per Man Hour $ Shrub Trimming Per Man Hour $ Irrigation Repair Per Man Hour $ Pre-emergent Herbicide Per 1,000 sq ft $ Emergency Landscape Services Per Man Hour $

Tree Removal As Needed (including removal from property) Tree Height 0-6’ Per Each $ 6’1” – 12’ Per Each $ 12’1” – 18’ Per Each $ 18’1” – 24’ Per Each $ 24’1” – 30’ Per Each $ 30’1” – 40’ Per Each $ 40’1” – 50’ Per Each $

Stump Grinding (minimum 12" depth below grade) Stump Diameter 1"-12" Per Each $ 1'1"-2'0" Per Each $ 2'1"-3' Per Each $

City Clerk Document No.

City Council Meeting Date:

CITY OF CHANDLER SAMPLE SERVICES AGREEMENT

PUBLIC HOUSING LANDSCAPE MAINTENANCE

CITY OF CHANDLER AGREEMENT NO. HO2-988-4387

THIS AGREEMENT (Agreement) is made and entered into by and between the City of Chandler, an Arizona municipal corporation (City), and [INSERT NAME OF SERVICE PROVIDER], [INSERT JURISDICTION AND BUSINESS ORGANIZATION] (Contractor), (City and Contractor may individually be referred to as Party and collectively referred to as Parties) and made , 20 (Effective Date).

RECITALS

A. City proposes to provide public housing landscape services as more fully described in Exhibit A, which is attached to and made a part of this Agreement by this reference.

B. Contractor is ready, willing, and able to provide the services described in Exhibit A for the compensation and fees set forth and as described in Exhibit B, which is attached to and made a part of this Agreement by this reference.

C. City desires to contract with the Contractor to provide these services under the terms and conditions set forth in this Agreement.

AGREEMENT

NOW, THEREFORE, in consideration of the premises and the mutual promises contained in this Agreement, City and Contractor agree as follows:

SECTION I: DEFINITIONS

For purposes of this Agreement, the following definitions apply:

Agreement means the legal agreement executed between the City and the Contractor City means the City of Chandler, Arizona Contractor means the individual, partnership, or corporation named in the Agreement Days means calendar days May, Should means something that is not mandatory but permissible Shall, Will, Must means a mandatory requirement

SECTION II: CONTRACTOR’S SERVICES

Contractor must perform the services described in Exhibit A to the City’s satisfaction within the terms and conditions of this Agreement and within the care and skill that a person who provides similar services in Chandler, Arizona exercises under similar conditions. All work or services furnished by Contractor under this Agreement must be performed in a skilled and workmanlike manner. Unless authorized by the City in writing, all fixtures, furnishings, and equipment furnished by Contractor as part of the work or services under this Agreement must be new, or the latest model, and of the most suitable grade and quality for the intended purpose of the work or service.

SECTION III: PERIOD OF SERVICE

Contractor must perform the services described in Exhibit A for the term of this Agreement.

The term of the Agreement is ONE year, and begins on _________ and ends on _________ unless sooner terminated in accordance with the provisions of this Agreement. The City and the Contractor may mutually agree to extend the Agreement for up to FOUR additional terms of ONE year each, or portions thereof. The City reserves the right, at its sole discretion, to extend the Agreement for up to 60 days beyond the expiration of any extension term.

SECTION lV: PAYMENT OF COMPENSATION AND FEES

Unless amended in writing by the Parties, Contractor's compensation and fees as more fully described in Exhibit B for performance of the services approved and accepted by the City under this Agreement must not exceed [INSERT NUMERICAL FULL AGREEMENT AMOUNT]. Contractor must submit requests for payment for services approved and accepted during the previous billing period and must include, as applicable, detailed invoices and receipts, a narrative description of the tasks accomplished during the billing period, a list of any deliverables submitted, and any subcontractor’s or supplier’s actual requests for payment plus similar narrative and listing of their work. Payment for those services negotiated as a lump sum will be made in accordance with the percentage of the work completed during the preceding billing period. Services negotiated as a not-to-exceed fee will be paid in accordance with the work completed on the service during the preceding month. All requests for payment must be submitted to the City for review and approval. The City will make payment for approved and accepted services within 30 days of the City’s receipt of the request for payment. Contractor bears all responsibility and liability for any and all tax obligations that result from Contractor’s performance under this Agreement.

SECTION V: GENERAL CONDITIONS

5.1 Records/Audit. Records of the Contractor's direct personnel payroll, reimbursable expenses pertaining to this Agreement and records of accounts between the City and Contractor must be kept on the basis of generally accepted accounting principles and must be made available to the City and its auditors for up to three years following the City’s final acceptance of the services under this Agreement. The City, its authorized representative, or any federal agency, reserves the right to audit Contractor's records to verify the accuracy and appropriateness of all cost and pricing data, including data used to negotiate this Agreement and any amendments. The City reserves the right to decrease the total amount of Agreement price or payments made under this Agreement or request reimbursement from the Contractor following final contract payment on this Agreement if, upon audit of the Contractor's records, the audit discloses the Contractor has provided false, misleading, or inaccurate cost and pricing data. The Contractor will include a similar provision in all of its contracts with subcontractors providing services under the Agreement Documents to ensure that the City, its authorized representative, or the appropriate federal agency, has access to the subcontractors’ records to verify the accuracy of all cost and pricing data. The City reserves the right to decrease Contract price or payments made on this Agreement or request reimbursement from the Contractor following final payment on this Agreement if the above provision is not included in subcontractor agreements, and one or more subcontractors refuse to allow the City to audit their records to verify the accuracy and appropriateness of all cost and pricing data. If, following an audit of this Agreement, the audit discloses the Contractor has provided false, misleading, or inaccurate cost and pricing data, and the cost discrepancies exceed 1% of the total Agreement billings, the Contractor will be liable for reimbursement of the reasonable, actual cost of the audit.

5.2 Alteration in Character of Work. Whenever an alteration in the character of work results in a substantial change in this Agreement, thereby materially increasing or decreasing the scope of services, cost of performance, or Project schedule, the work will be performed as directed by the City. However, before any modified work is started, a written amendment must be approved and executed by the City and the Contractor. Such amendment must not be effective until approved by the City. Additions to, modifications, or deletions from this Agreement as provided herein may be made, and the compensation to be paid to the Contractor may accordingly be adjusted by mutual agreement of the Parties. It is distinctly understood and agreed that no claim for extra work done or materials furnished by the Contractor will be allowed by the City except as provided herein, nor must the Contractor do any work or furnish any materials not covered by this Agreement unless such work is first authorized in writing. Any such work or materials furnished by the Contractor without prior written authorization will be at Contractor's own risk, cost, and expense, and Contractor hereby agrees that without written authorization Contractor will make no claim for compensation for such work or materials furnished.

5.3 Termination for Convenience. The City and the Contractor hereby agree to the full performance of the covenants contained herein, except that the City reserves the right, at its discretion and without cause, to terminate or abandon any service provided for in this Agreement, or abandon any portion of the Project for which services have been performed by the Contractor. In the event the City abandons or suspends the services, or any part of the services as provided in this Agreement, the City will notify the Contractor in writing and immediately after receiving such notice, the Contractor must discontinue advancing the work specified under this Agreement. Upon such termination, abandonment, or suspension, the Contractor must deliver to the City all drawings, plans, specifications, special provisions, estimates and other work entirely or partially completed, together with all unused materials supplied by the City. The Contractor must appraise the work Contractor has completed and submit Contractor's appraisal to the City for evaluation. The City may inspect the Contractor's work to appraise the work completed. The Contractor will receive compensation in full for services performed to the date of such termination. The fee shall be paid in accordance with Section IV of this Agreement, and as mutually agreed upon by the Contractor and the City. If there is no mutual agreement on payment, the final determination will be made in accordance with the Disputes provision in this Agreement. However, in no event may the payment exceed the payment set forth in this Agreement nor as amended in accordance with Alteration in

Character of Work. The City will make the final payment within 60 days after the Contractor has delivered the last of the partially completed items and the Parties agree on the final payment.

If the City is found to have improperly terminated the Agreement for cause or default, the termination will be converted to a termination for convenience in accordance with the provisions of this Agreement.

5.4 Termination for Cause. The City may terminate this Agreement for Cause upon the occurrence of any one or more of the following events: in the event that (a) the Contractor fails to perform pursuant to the terms of this Agreement, (b) the Contractor is adjudged a bankrupt or insolvent, (c) the Contractor makes a general assignment for the benefit of creditors, (d) a trustee or receiver is appointed for Contractor or for any of Contractor’s property (e) the Contractor files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy…