Graffiti_Abatement_(Addendum_#3_Revision).pdf

CITY OF TUCSON

REQUEST FOR PROPOSAL

222953

GRAFFITI ABATEMENT

Due Date: Wednesday, May 4, 2022

City of Tucson

255 W Alameda St

Tucson, AZ 85701

Procurement portal https://secure.procurenow.com/portal/tucson-az

Public Portal https://secure.procurenow.com/portal/tucson-az/projects/17438

PUBLISH DATE: March 30, 2022 https://secure.procurenow.com/portal/%7Bproject.government.code%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D

CITY OF TUCSON REQUEST FOR PROPOSAL NO. 222953

BUSINESS SERVICES DEPARTMENT Page 2 of 41 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Joseph Palacino

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-4126

Attachments:

A - OFFER AND ACCEPTANCE

F - 222953 - Graffiti Abatement Price Page G - 222953 - Attachment - Consent to Enter and Release of Liability Form

BUSINESS SERVICES DEPARTMENT Page 3 of 41

A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR PROPOSAL NO 222953

TITLE: Graffiti Abatement

SUBMITTAL DUE DATE: WEDNESDAY, MAY 4, 2022, AT 2:00 P.M. LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE: Tuesday, April 5, 2022

TIME: 2:00 pm LOCAL AZ TIME

LOCATION: MICROSOFT TEAMS MEETING

CALL IN OPTION: Or call in (audio only) +1 213-293-2303,,215585385# United States, Los Angeles Phone Conference ID: 215 585 385# QUESTIONS SHALL BE DIRECTED TO: Joseph Palacino

(520) 837-4126 joseph.palacino@tucsonaz.gov

Posted Date: Wednesday, March 30, 2022

Competitive sealed offers for the material or service specified in this solicitation must be submitted through the City’s online bidding system. No late submitted offer will be accepted or considered.

Reponses submitted in physical form or by facsimile or email will not be considered. Offerors are cautioned to commence the submittal process sufficiently ahead of time to allow for unanticipated delays resulting from things like a slow internet connection, internet outage, difficulty uploading large documents, differing system requirements, etc.

Questions about this solicitation must be addressed to the responsible Contract Officer listed herein.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_N2I1OTI4ODYtMDhiZi00YzkyLTk2ZmUtNmRkZGQ5OTI0OTFk%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22515dd020-9697-4f29-8db6-8bde6619c72c%22%7d

BUSINESS SERVICES DEPARTMENT Page 4 of 41

B. INTRODUCTION

B.1. Summary

The City of Tucson seeks to continuously improve upon current practices and programs that promote a graffiti-free community.

Work will be divided into two primary groups; Group 1: Painting and Group, and 2: Media Blasting, which will include everything but paint. Group 2 will include two sub-groups; A. Etched Glass Graffiti Removal and B. Sticker Removal.

Work shall be performed at a variety of locations within the City limits. Locations shall include, but not be limited to, City-owned property and privately owned property for which permission to enter has been obtained by the City of Tucson and/or the Contractor.

B.2. Background

From time to time, the City will make a special service request. A Special Service Request may include:

A. High Priority/Emergency Graffiti Abatement sites which require the immediate abatement of graffiti and may require overtime and/or weekend abatement.

B. Painting/restoration of Entire Surfaces. In the event the Contract administrator should request the painting over of entire wall surfaces, light posts, or other surfaces, the Contractor shall provide to the Contract administrator an estimate of the costs of such services prior to the work being authorized and commenced by the Contractor. Restoration shall be used at select sites where previous removal of graffiti was performed and at sites where removal is not deemed appropriate.

A City of Tucson designee, herein after named Contract Administrator, will conduct quarterly and annual reviews of contract performance. Modifications to the Scope of Work agreed upon by the City and the Contractor may be made following the annual review.

Graffiti removal methods may include painting, abrasive removal techniques, and other methods proposed by the Contractor and approved by the City of Tucson designee. Graffiti removal methods shall not harm, deface or mark the surface.

For the purpose of this contract a work “site” is defined as a location that encompasses an area of 50 square feet. All work performed within site of the original reported graffiti, regardless of abatement method used or types of surfaces abated, will be considered work performed at one site

B.3. Contact Information

Joseph Palacino Contract Officer Email: joseph.palacino@tucsonaz.gov Phone: (520) 837-4126 Department:

Business Services mailto:joseph.palacino@tucsonaz.gov tel:(520)837-4126

BUSINESS SERVICES DEPARTMENT Page 5 of 41

B.4. Timeline

BUSINESS SERVICES DEPARTMENT Page 6 of 41

Release Project Date March 30, 2022

Pre-Proposal Meeting (Non- Mandatory)

April 5, 2022, 2:00pm

Agenda

Microsoft Teams meeting Or call in (audio only) +1 213-293-2303,,215585385# United States, Los Angeles Phone Conference ID: 215 585 385#

Proposal Submission Deadline May 4, 2022, 2:00pm https://teams.microsoft.com/l/meetup-join/19%3ameeting_N2I1OTI4ODYtMDhiZi00YzkyLTk2ZmUtNmRkZGQ5OTI0OTFk%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22515dd020-9697-4f29-8db6-8bde6619c72c%22%7d

BUSINESS SERVICES DEPARTMENT Page 7 of 41

C. SCOPE OF WORK

C.1. CONTRACTOR'S REPONSIBILITIES - GROUPS 1 AND 2

A. Work Assignments

1. The Contractor shall contact the Contract Administrator or designee once a month at a mutually agreed upon time to discuss the Contractor’s schedule and whether obligations are being met based on the contract.

2. The Contractor shall survey the City for the purpose of identifying and abating graffiti and will also receive work orders via electronic mail or digital media from The City of Tucson, Environmental and General Services Division (EGSD), and/or the Tucson Police Department (TPD). Weekend work orders will be issued on Fridays.

3. The Contractor shall return completed work orders in an electronic form. The completed work order shall be available electronically immediately upon completion for inspection through the Contractor’s electronic site and/or a City-maintained database. The completed work order shall contain:

a. Work order number;

b. Name of Contractor’s technician;

c. The date work order was posted;

d. The date and time the work order was completed;

e. The abatement address or parcel number;

f. How reported and by whom and any notes;

g. The exact GPS coordinates by latitude and longitude with a GIS map showing the area

h. The moniker or crew deciphered name - vendor shall ensure the tag is written down;

i. The square footage of the area cleaned, type of surface, and cleaning method;

j. Before-and-after pictures with tag and/or crew name; and

i. Note, if no before-and-after picture is provided, vendor may not bill for work completed, as the before-and-after photo serves as a means of verification.

k. Unit cost, subtotals and total for invoice.

4. Upon receipt of a work order, the Contractor shall inspect the location and determine the method of removal that will maintain the integrity of the surface.

The Contractor shall provide services within forty-eight (48) hours of issuance of work orders. In the event that a site cannot be abated within that time period due to inclement weather, size of the site or any other reason, the Contractor shall notify the Contract Administrator or designee with the status of the site prior to the end of the forty-eight (48) hour timeline.

BUSINESS SERVICES DEPARTMENT Page 8 of 41

5. The Contract Administrator may designate sites as needing an emergency response.

Emergency response sites will have first priority and shall require abatement within twenty-four (24) hours upon receipt of the emergency work order.

6. The Contractor shall deliver completed work orders with its monthly invoice to the Contract Administrator via electronic mail.

7. The Contractor will attempt to obtain a waiver for work inside private property (reference Attachment - Consent to Enter and Release of Liability Form). If the Contractor is unable to obtain a waiver, the Contractor shall contact the Contract Administrator or designee. The signed waiver shall accompany the work order and be sent electronically. The City of Tucson will maintain a database of Consent Forms.

a. If a signed waiver is not obtained and the work is performed, it shall be the Contractor's responsibility to pay for any charges/costs/fees incurred as a result.

8. In the event that the Contractor identifies graffiti in close proximity to the site designated on the work order, the Contractor shall abate the graffiti and submit documentation and an invoice for the work as if in possession of a work order.

a. All City of Tucson work orders, however, shall take priority over these, 'proactive graffiti abatements'.

i. City work order must be completed first, prior to completing proactive abatements.

As in other work orders, billing for abatements must be accompanied by a before-and-after photo.

I. Please reference Section A. Work Orders, Point 3., Section j. Subsection i., above.

b. See Section M. for List of Items Not To Be Abated At This Time, below.

B. The City of Tucson shall provide for all additional equipment that is necessary for graffiti abatement on surfaces in excess of twenty (20) feet in height.

C. Should there be any question about what the Contractor's responsibility is when performing an abatement, they are to contact the Contract Administrator or designee for clarifications before any work is performed.

D. Description of Work

1. The completed work order shall be charged by square foot.

2. The method of removal shall not leave shadows or ghosts and shall not follow the pattern of the graffiti such that letters or shapes remain apparent on the surface after the graffiti markings have been removed. Color matching of the surface will be required as determined by the City.

3. The Contractor shall protect the surfaces adjacent to the area to be abated.

4. The Contractor shall abate the entire surface in the event that the graffiti covers a significant area of the surface. The Contractor will contact the Contract Administrator for approval before abating the entire surface. The Contract Administrator shall determine whether or not an entire surface will be abated on a case by case basis.

BUSINESS SERVICES DEPARTMENT Page 9 of 41

5. In the event that the Contactor arrives on site to find the graffiti has been abated by others or no graffiti found, the Contractor shall submit photos of the abated location so that the work order can be closed.

6. The Contractor shall ensure protection of the work area at all times including, but not limited to:

a. Barricading the area of work at distances to prohibit unauthorized persons in the abatement work zone;

b. Barricading area for work performed within the public right-of-way (Traffic control permit requirement information available at: https://www.tucsonaz.gov/tdot/when-are-traffic-control-permits-required);

c. Using warning signs and sidewalk and street cones to inform the public of work being conducted;

d. Immediately correcting damages to the work site;

e. Leaving work site in an undamaged condition; and

f. Providing signs to protect the finishes and the public.

7. The Contractor shall remove all equipment and materials from each site and leave the site clean at the end of each workday.

8. The Contractor shall dispose of all material containers and excess materials in accordance with all applicable laws, regulations, ordinances, codes and any other legislative or statutory requirements. Material rinse residue shall be collected and disposed of appropriately.

9. The Contractor is responsible for obtaining and purchasing any water necessary for abatement. Water is available at fire hydrants throughout the City. The Contractor is responsible for obtaining all necessary permits, fittings and water meters that may be required by the City.

E. Personnel

1. The Contractor shall designate one specific individual to oversee and inspect work performed by the Contractor’s personnel assigned to this contract. The designated representative shall be immediately available during work activities to receive communications from the Contract Administrator.

2. The Contractor shall use only trained, competent employees in the performance of this contract. At the request of the City, the Contractor shall remove from assignment to this contract any incompetent, abusive or disorderly employee whether supervisory or non-supervisory.

3. The Contractor’s crews shall be in possession of a copy of the resulting contract and the Safety Data Sheets (SDS) for each product used in the performance of work at all times.

4. Any person assigned to this contract found to be in possession of and/or under the influence of narcotics shall be removed from assignment to this contract. This person may be subject to arrest and criminal prosecution.

https://www.tucsonaz.gov/tdot/when-are-traffic-control-permits-required

BUSINESS SERVICES DEPARTMENT Page 10 of 41

F. Equipment

1. The Contractor’s vehicles and equipment shall be neat in appearance and easily identified Identification on the Contractor’s vehicles shall consist of, at a minimum, company name and local telephone number.

2. The Contractor shall maintain its vehicles and equipment in safe and mechanically sound condition.

3. The Contractor shall provide all personnel, vehicles, materials, supplies and equipment necessary to perform services with the exception of paint that may be provided by the City.

G. Compliance with Applicable Laws and Regulations

1. The Contractor shall perform all requirements under this contract in strict observance of and compliance with all applicable laws, regulations, ordinances, codes and any other legislative or statutory requirements.

2. The Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the Occupational Safety and Health Act (OSHA) and as it may be amended or updated throughout the term of this contract.

3. All paints, chemicals, or materials used by the Contractor must be used in a manner specified by the product manufacturer. The Contractor’s staff must use proper personal protective equipment (PPE) and be properly trained in the product's application. All waste materials generated under this contract shall be properly disposed of in accordance with all federal, state and local regulations including hazardous materials as defined under the Resource Conservation and Recovery Act (RCRA).

H. Use of Products

1. The Contractor shall ensure that all employees have immediate access to the SDS for each product used in the performance of this contract.

2. The Contractor shall be in compliance with all provisions of the Federal Hazard Communication Act.

3. All products used by the Contractor shall be manufactured products specifically intended for purpose for which they are being used. The Contractor shall not devise any products of their own making for use under this contract. The use of all products shall be in strict conformance with the manufacturer’s specifications.

I. Protection of the Public and Damages to Existing Structures

1. The Contractor shall exercise caution at all times for the protection of persons and property.

All fines, penalties and/or repair charges resulting from the Contractor’s actions shall be the sole responsibility of the Contractor.

2. The Contractor shall not permit placing or use of equipment in such a manner as to block vehicle traffic lanes or create safety hazards. The Contractor shall be responsible for the use of all appropriate warning devices.

a. (Traffic control permit requirement information available at:

https://www.tucsonaz.gov/tdot/when-are-traffic-control-permits-required)

BUSINESS SERVICES DEPARTMENT Page 11 of 41

3. The Contractor shall avoid damage to existing structures. In the event that a structure is damaged in the course of work, the Contractor shall be solely responsible for its repair or replacement.

J. Invoices

1. All invoices for work performed under this contract shall be based on the contract square foot price and submitted electronically to the Contract Administrator or designee.

2. For the purposes of invoicing, all work performed within a 50 square foot radius of the original reported concern will be invoiced together as one site.

3. All invoices shall be accompanied by completed work orders as described in Section B.I, A.

Work Assignments, Items 3 (a) through (k), as well as the following information:

a. Contract number;

b. Purchase order number; and

c. Square footage removed for each method of removal.

K. Online Access to Records Database

1. The Contractor shall provide The City of Tucson with online computer access to the Contactor’s records database. The Contractor shall provide sufficient technical information and detail for the City to access and use the service and it shall be provided at no additional cost to the City. Data to be collected shall include, but not be limited to, the information required to be submitted with completed work orders as described in Section B.

I, A. Work Assignments, Item 3, (a) through (k), and in Section I, H. Invoices, Item 3, as well as the following information:

a. Listing of top 10 most common monikers on a monthly basis by hour/day removed in a pattern that may track the path of how the moniker was placed;

b. Percentage of work orders completed within 24, 48, 72-hours and those within 30-days.

(Time shall be calculated from the time the work order is entered into the system. The expected abatement goal is 90% (or more) reported work sites abated within 48-hours.);

and

c. Number and identification of work orders requiring code enforcement action, property owner refusal and non-cooperation by utility companies.

L. Apple Store Access

1. Vendor will be provided with access to City of Tucson Apple Store resources. Vendor agrees to operate within Apple's Terms of Service while acting on the City of Tucson's behalf. Vendor agrees to follow Apple's recommended best practices in regards to security, privacy, and use of the platform while acting on the City of Tucson's behalf. Vendor will respond immediately to Apple requests for improvements or changes to applications while acting on the City of Tucson's behalf. Vendor will settle any disputes over use of the City of Tucson Apple account resources in the City of Tucson.

M. (Subject to Change) List of Items Not To Be Abated At This Time:

1. Subject to change, the following items are not to be abated at this time:

BUSINESS SERVICES DEPARTMENT Page 12 of 41

a. Utility’s equipment: TEP poles, transformers, utility boxes, property or substations;

b. Century Link & COX communication pedestals, power supply boxes and cabinets;

c. SW Gas line markers or property;

d. Portable storage units;

e. The interior of wash culverts beyond the first 10-feet;

f. Concrete washes that are not visible from a COT maintained roadway;

g. Graffiti in alleys that are not City of Tucson maintained;

h. Areas around privately maintained roadways; and

i. Non-city dumpsters or roll-offs.

C.2. ADDITIONAL SPECIFICATIONS - GROUP 1: PAINTING

A. Subject to availability, the City will provide the Contractor with colors of paint for use on City property as defined by the Contract Administrator.

B. The Contractor shall reasonably match existing painted surfaces using an approved paint palette provided to the Contractor by the Contract Administrator. If there is a color that is not on the approved color palette, the Contractor will make a reasonable effort to match the specific color that matches the specific surface. In the event that a private property owner provides matching paint, the Contractor shall use the paint provided by the property owner at the owner’s property.

C. The Contractor shall not paint previously unpainted surfaces and finishes such as slump stone, split face masonry, stone, brick or concrete block.

C.3. ADDITIONAL SPECIFICATIONS - GROUP 2: MEDIA BLASTING

A. All chemical graffiti removal products shall be biodegradable and environmentally safe.

B. The Contractor shall perform all abrasive removal techniques so that the abatement area is blended into the adjacent surface.

C. Should one site require more than one removal technique, the Contractor shall not charge two minimum charges for any one site and may charge the average of the minimum charges for the techniques used.

D. Etched Glass removal process will not damage the surface, decorative etching, blur or diminish the transparency of the glass.

E. Sticker removal process shall leave no residual material on the original surface. If the paint on the original surface peels or is otherwise disturbed during the sticker removal the contractor will repair/repaint as necessary.

BUSINESS SERVICES DEPARTMENT Page 13 of 41

D. INSTRUCTIONS TO OFFERORS

D.1. DEFINITION OF KEY WORDS USED IN THE SOLICITATION

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

City: The City of Tucson, Arizona

Contract: The legal agreement(s) executed between City and the Successful Offeror(s). The Contract will be deemed to include all the conditions and requirements set forth in this RFP and any Amendments to the RFP, all the Special Terms and Conditions and Standard Terms and Conditions, and all the terms of the Proposal submitted by Offeror as finally negotiated and accepted by the City.

Contractor/Consultant: A Successful Offeror that enters into a Contract with the City.

Contract Representative: The City employee or employees who have been designated to act as the City contact for this solicitation process and who are responsible for monitoring and overseeing the Contractor's performance under the Contract.

Business Services Director: The contracting authority for the City, authorized to sign contracts and amendments thereto on behalf of the City.

May: Indicates something that is not mandatory but permissible.

Offer: Any proposal, statement of qualifications, bid, or other submission provided by an Offeror in response to this Solicitation.

Offeror: Each individual or entity that submits a submittal in response to this solicitation.

Will: The indicated party is promising to take the action or abide by the condition.

Must: The action or condition is required.

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

D.2. PRE-SUBMITTAL MEETING

A Pre-Submittal Meeting will be held at the date and time stated on the cover page of this solicitation, if such a date and time is provided. Attendance at this meeting is not mandatory, but written minutes and/or notes regarding the meeting will NOT be provided, so attendance is encouraged. The purpose of this meeting will be to clarify the contents of this solicitation in order to prevent any misunderstanding of the City's position.

D.3. INQUIRIES

Any questions about this solicitation or the proposed Contract must be presented at the Pre-Submittal Meeting, if there is one (see above), or submitted in writing, via email, or through the online bidding system, to the Contract Officer by the Question Submission Deadline. The email must refer to the solicitation number and the paragraph number of the provision that the question concerns. The Contract Officer may respond by email or may, if they deem it appropriate, address the question in a solicitation

BUSINESS SERVICES DEPARTMENT Page 14 of 41

Amendment. Offeror may not rely on oral interpretations or clarifications about the solicitation; only questions answered in an email by the Contract Officer or posted as a formal solicitation Amendment will be binding.

D.4. ADDENDUM OF SOLICITATION

Solicitation Addenda will be posted on the City’s link to the online bidding website. Offeror is responsible for checking the webpage regularly for new solicitation addenda and must acknowledge each addendum to this solicitation in its submittal. Please note that vendors who have registered with the Business Services Department at http://www.tucsonprocurement.com/ OpenGov:Procurement website and follow the City of Tucson will receive email notifications of solicitation addenda.

D.5. UNDERSTANDING SCOPE OF WORK

Before submitting a response to this solicitation, Offeror must familiarize itself with the Scope of Work, laws, regulations, physical conditions, and other factors affecting the obligations – including the expense and difficulty of fulfilling those obligations – that Offeror will have under the Contract if awarded to Offeror. No adjustment to the financial or other terms of the Contract will be justified by Offeror’s failure to fully understand or appreciate the Contract requirements or other factors affecting Contract performance.

D.6. PREPARATION OF SUBMITTAL

A. Form and Organization. Offeror’s Submittal must be on the forms provided in this solicitation (as applicable). Supporting documentation must be arranged in a manner that follows and clearly refers to corresponding sections of the solicitation. Offeror may copy the submittal forms in order to complete them electronically but may not alter or rearrange them or change any paragraph designations.

B. Confidential Information. Any information in its submittal that Offeror wishes to be treated as confidential must be clearly marked “CONFIDENTIAL.”

C. Proposal Contents. Offeror’s submittal must contain a response to all sections of the solicitation and forms must be completed and any requested supporting documentation attached.

D. Signatures. Offeror must include in their submittal signed copies of the Offer and Acceptance page. Any cover letter accompanying the proposal documents must be signed. Offeror must initial each erasure, interlineation or other modification in the submittal. The person signing and initialing on behalf of Offeror must be a person authorized to legally bind Offeror.

E. Prices. Where a unit price is provided it will govern over any erroneous extension of the price.

F. Time Periods. Periods of time, stated as a number of days, will be calendar days unless specifically stated otherwise.

G. Accuracy. Mistakes in preparation of its submittal confers on Offeror no right to modify or withdraw its submittal after the Submittal Deadline.

BUSINESS SERVICES DEPARTMENT Page 15 of 41

H. Cost of Preparation. The City will not reimburse Offeror for the cost of developing, presenting, submitting or providing any response to this solicitation.

I. Subcontractors. Offeror must, in their submittal, list any subcontractors that it will utilize in the performance of the Contract if they are awarded the Contract and must describe their qualifications in detail.

J. Incomplete Information. Failure to include all requested information may have a negative impact on the evaluation of Offeror’s submittal.

D.7. PAYMENT DISCOUNTS

Payment discount periods shall be computed from the date of receipt of the material/service or correct invoice, whichever is later, to the date City’s payment warrant is mailed. Unless freight and other charges are itemized, any discount provided shall be taken on full amount of invoice. Payment discounts of twenty-one calendar days or more shall be deducted from the proposed price in determining the price points. However, the City shall be entitled to take advantage of any payment discount offered by a vendor provided payment is made within the discount period. The payment discount shall apply to all purchases and to all payment methods.

D.8. TAXES

The City is exempt from federal excise tax, including the federal transportation tax. The City is not tax exempt from sales tax, etc.

D.9. PROPOSAL/SUBMITTAL FORMAT

A proposal should be submitted on the forms and in the format specified in the RFP. Any information that the offeror requested to held as confidential information shall be clearly marked as such. The material should be in sequence and related to the RFP. The sections of the submittal should be organized, clearly identifiable, and should include a minimum of the following sections: the completed Offer and Acceptance Form, all signed Amendments, a copy of this RFP document, and the Offeror’s response to the Evaluation Criteria including the completed Price Page. Failure to include the requested information may have a negative impact on the evaluation of the offeror's proposal.

D.10. EXCEPTIONS TO CONTRACT PROVISIONS

By submitting a submittal in response to this solicitation, Offeror is offering to enter into the Contract with the City. If Offeror wishes to modify any Contract terms and conditions, Offeror must, in its submittal, clearly identify the changes it is requesting. No requested modification will be deemed accepted by the City unless and until the City’s Business Services Director or their designee expressly accepts it in writing.

D.11. PUBLIC RECORD

Any documents submitted by Offeror in response to this solicitation will become the property of the City.

Except as set forth below with respect to Confidential Information, the Submittal will be deemed to be a public record available for review by the public after the award notification.

BUSINESS SERVICES DEPARTMENT Page 16 of 41

D.12. CONFIDENTIAL INFORMATION

The City is obligated to abide by the Arizona Public Records Law, A.R.S. §§ 39-101 through 39-161. If Offeror believes that any portion of its proposal, offer, specification, protest or correspondence contains information that is confidential and subject to being withheld from disclosure in the event that the City receives a public records request to which the record is responsive, Offeror must, when the record is submitted, provide the Contract Officer written notification of that fact. The records or portions of records that Offeror wishes to be treated as confidential must also be clearly marked “CONFIDENTIAL” on their face. Pricing will not be treated as confidential.

If the City, after award notification, receives a public-records request to which a Contractor record marked “CONFIDENTIAL” is responsive, City will notify Offeror in writing. Unless Offeror, within 10 days after the date of that notice, obtains and provides to City an order from a court of competent jurisdiction prohibiting the City from releasing the records, the City may release the records without any liability to Offeror.

D.13. CERTIFICATION OF NONCOLLUSION; CONFLICTS OF INTEREST

By submitting a response, Offeror warrants that:

A. Preparation and submission of the submittal did not involve collusion or other anti-competitive practices.

B. 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 this solicitation.

C. No person has been employed or retained to solicit or secure a Contract under this solicitation upon a promise of a commission, percentage, brokerage, or contingent fee.

D. No member of the City of Tucson Mayor and Council or any employee of the City involved in this solicitation process has any financial interest in Offeror’s firm.

The City may disqualify Offeror from further participation in the solicitation process if the City determines that Offeror has an actual or apparent conflict of interest or has engaged in any collusion or anti-competitive practices.

D.14. WHEN AND HOW TO SUBMIT PROPOSALS

In order to be considered, Offeror must, no later than the Submittal Deadline, submit its response electronically through the City’s online bidding system. Submittal instructions and online bidding system can be found at the following link: https://www.tucsonprocurement.com/

NOTE: THE ENTIRE PROPOSAL MUST BE IN "“SUBMITTED"” STATUS IN THE CITY’S ONLINE

BIDDING SYSTEM IN ORDER TO BE CONSIDERED. RESPONSES THAT HAVE BEEN CREATED

IN THE SYSTEM, BUT THAT ARE NOT IN "“SUBMITTED"” STATUS BY THE PROPOSAL

SUBMITTAL DEADLINE WILL NOT BE CONSIDERED.

https://www.tucsonprocurement.com/

BUSINESS SERVICES DEPARTMENT Page 17 of 41

D.15. OFFER AND ACCEPTANCE PERIOD

In order to allow for an adequate evaluation, the City requires an offer in response to this solicitation to be valid and irrevocable for ninety (90) days after the proposal due date and time.

D.16. WITHDRAWAL OF SUBMITTAL; BINDING OFFER

By submitting a response to this solicitation, Offeror is offering to enter into the Contract with the City.

Offeror may withdraw a submitted response at any time prior to the Submittal Deadline. Submittals can be withdrawn by clicking "unsubmit proposal" in the online bidding system.

D.17. DISCUSSIONS/CLARIFICATIONS

The City may, at its discretion, conduct discussions with Offeror for the purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in Offeror’s submittal in order to clarify the offer and assure full understanding of, and responsiveness to, solicitation requirements.

D.18. TAX OFFSET POLICY

If applicable, in evaluating price proposals, the City shall include the amount of applicable business privilege tax, except that the amount of the City of Tucson business privilege tax shall not be included in the evaluation.

D.19. CONTRACT NEGOTIATIONS

Exclusive or concurrent 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.

Exclusive or concurrent negotiations shall not constitute a contract award nor shall it confer any property rights to the successful offeror. 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 firm(s).

D.20. VENDOR REGISTRATION; BUSINESS LICENSE

In order to be eligible for award of a Contract, Offeror must:

A. Register with the City’s Business Services Department. Registration can be completed at http://www.tucsonprocurement.com/ by clicking on Vendor Services. Please note that email notifications of newly published solicitations and amendments will be provided to those vendors that select email as their preferred delivery method in their vendor record.

B. Obtain a City of Tucson Business License or a written determination from the City'’s Business License Section that a license is not required. Application for a City Business License can be completed at http://www.tucsonaz.gov/etax. For questions contact the City'’s Business License Section at (520) 791-4566 or email at tax-license@tucsonaz.gov.

BUSINESS SERVICES DEPARTMENT Page 18 of 41

D.21. UPON NOTICE OF INTENT TO AWARD

The apparent successful offeror shall sign and file with the City, within five (5) days after Notice of Intent to Award, all documents necessary to the successful execution of the Contract.

D.22. AWARD OF CONTRACT

Notwithstanding any other provision of the Request for Proposal, the City reserves the right to:

A. waive any immaterial defect or informality; or

B. reject any or all proposals, or portions thereof; or

C. reissue the Request for Proposal.

A response to this Request for Proposal is an offer to contract with the City based upon the terms, conditions and Scope of Work contained in the City's Request for Proposal. Proposals do not become contracts unless and until they are executed by the City's Business Services Director and the City Attorney. A contract has its inception in the award, eliminating a formal signing of a separate contract.

All of the terms and conditions of the contract are contained in the Request for Proposal, unless any of the terms and conditions are modified by a Request for Proposal amendment, a Contract Amendment, or by mutually agreed terms and conditions in the Contract documents.

D.23. PROPOSAL RESULTS

The name(s) of the successful offeror(s) will be posted on the Procurement Department’s Internet site at http://www.tucsonprocurement.com/ upon issuance of a Notice of Intent to Award or upon final contract execution.

D.24. PROTESTS

A protest shall be in writing and shall be filed with the Business Services Director. A protest of a Request for Proposal shall be received at the Department of Procurement not less than five (5) working days before the Request for Proposal due date. A protest of a proposed award or of an award shall be filed within ten (10) days after issuance of notification of award or issuance of a notice of intent to award, as applicable. 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 Request for Proposal 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.

http://www.tucsonprocurement.com/

BUSINESS SERVICES DEPARTMENT Page 19 of 41

E. PROPOSAL EVALUATION REQUIREMENTS

E.1. PROPOSAL EVALUATION CRITERIA – (listed in relative order of importance)

A. Method of Approach

B. Qualifications & Experience

C. Price Proposal

E.2. SHORTLIST

The City reserves the right to shortlist the offerors on any of the stated criteria. However, the City may determine that shortlisting is not necessary.

E.3. INTERVIEWS

The City may interview some or all of the offerors at any point during the evaluation process. If interviews are conducted, information provided during the interview process will be taken into consideration in the evaluation process.

E.4. ADDITIONAL INVESTIGATIONS

The City may undertake any additional investigations it deems appropriate to evaluate the competence and financial stability of any offeror.

E.5. OTHER INFORMATION

Information that evaluation committee members have about an offeror beyond what is provided in the offeror’s proposal may be taken into consideration during the evaluation process.

E.6. PRICE PROPOSAL

A. Tax Offset Policy. If applicable under Section 28-18(6) or Section 28-17(7)(d) of the Tucson Procurement Code, the City will include the amount of all business privilege taxes other than the City’s in evaluating price proposals.

B. Payment Discounts. Any discounts offered by Offeror for payments made within 21 calendar days or more will be deducted from the proposed price in evaluating an offeror’s price proposal. However, the City may take advantage of any early- or timely-payment discounts offered by a vendor. Any proposed payment discount will apply to all purchases and to all payment methods

E.7. CITY’S RIGHT TO WAIVE DEFECTS OR REJECT SUBMITTALS

Notwithstanding any other provision of this solicitation, the City may:

BUSINESS SERVICES DEPARTMENT Page 20 of 41

A. Waive any immaterial defect or informality; or

B. Reject any or all submittals, or portions thereof; or

C. Reissue the solicitation.

E.8. CONTRACT NEGOTIATIONS

At the City’s discretion, it may negotiate with one or more responsible offerors to agree upon the final conditions, terms and price of the Contract. In doing so, the City will treat offerors fairly and will not disclose to any offeror information from responses submitted by other offerors. Exclusive or concurrent negotiations do not constitute a contract award and do not confer any rights to the offerors participating in such negotiations. In the event the City deems that negotiations are not progressing, the City may formally terminate these negotiations and may enter into concurrent or exclusive negotiations with the next most qualified firm(s).

E.9. AWARD OF CONTRACT

A Contract is created when, and only when, it is formally awarded, which occurs when the Business Services Director and the City Attorney sign the Offer and Acceptance page of the Successful Offeror’s submittal. When a Contract is awarded, the City will send the Contractor a Notice of Award.

The City may first issue a Notice of Intent to Award to the Successful Offeror(s). Offeror, if it receives a Notice of Intent to Award from the City, must sign and file with the City, within five (5) days after receipt of the Notice, all documents necessary for execution of the Contract. A Notice of Intent to Award does not create a contract. Only a subsequent formal award, as described above, creates a Contract.

E.10. MULTIPLE AWARDS

The City, at its sole discretion, may award multiple Contracts.

E.11. SUBMITTAL RESULTS

After the City issues a Notice of Award, the City will post the name(s) of the Successful Offeror(s) on the Business Services Department’s Internet site at http://www.tucsonprocurement.com/.

E.12. PROTESTS

Any interested party, may, in accordance with Article IX of the Tucson Procurement Code, protest either this solicitation or the award of a Contract under this solicitation. A protest based on alleged improprieties in this solicitation must be filed no later than five (5) working days before the Proposal Submittal Deadline. A protest of a proposed or actual award must be filed no later than ten (10) calendar days after the City issues a Notice of Intent to Award or, if no Notice of Intent to Award is issued, after the City issues a Notice of Award.

A protest must be made in writing and filed with the Contract Officer. It must include:

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

B. The signature of the protestant or its representative;

BUSINESS SERVICES DEPARTMENT Page 21 of 41

C. The solicitation or Contract number;

D. A detailed statement of the legal and factual grounds for the protest along with copies of all relevant documents; and

E. The form of relief requested.

BUSINESS SERVICES DEPARTMENT Page 22 of 41

F. SPECIAL TERMS AND CONDITIONS

F.1. COOPERATIVE PURCHASING

Contractor will, when requested, provide goods and services at the same prices and under the same terms and conditions as set forth in this Contract to any public or nonprofit agency that, at the time of request, has a Cooperative Purchasing Agreement with the City or participates in the Strategic Alliance for Volume Expenditures (SAVE) cooperative. See http://www.tucsonprocurement.com/coop_partners.aspx and click on “Cooperatives” for a list of agencies that have Cooperative Purchasing Agreements with the City; see http://www.mesaaz.gov/home/showdocument?id=23638 for a list of agencies participating in SAVE.

These lists are subject to change. Contractor may, however, negotiate with an agency for payment of additional out-of-pocket expenses that will be incurred by Contractor in providing goods and services to the agency (i.e., freight charges, travel related expenses, etc.).

Each participating agency that orders goods or services under this Contract as provided above is solely responsible for paying Contractor for those goods and services. The City is not responsible for any disputes arising out of transactions made by others.

F.2. LIQUIDATED DAMAGES

The City will incur damages if the Contractor fails to complete the work within the specified time or any approved extensions thereof and that the liquidated damages specified herein represent a fair and equitable approximation of the City’s damages.

Liquidated damages shall be in the amount of NO VALUE for each calendar day of delay.

If the Contract is not terminated, the Contractor shall continue performance and be liable to the City for the liquidated damages until the products are delivered or the services performed.

In the event the City exercises its right of termination, the Contractor shall be liable to the City for any excess costs, and in addition, for liquidated damages until such time the City may reasonably obtain delivery or performance of similar supplies or services.

F.3. LIVING WAGE REQUIREMENTS

The Contractor shall comply with all applicable provisions of the City’s Living Wage Ordinance (Article XIV of the Tucson Procurement Code). Contractor further agrees, upon request, to affirm in writing that Contractor is in compliance. The City’s Living Wage ordinance can be found at the following link:

https://tucsonprocurement.com/bidders_livingwage.aspx

F.4. PRICE ADJUSTMENT

The City will review fully documented requests for price adjustment after any Contract has been in effect for one (1) year. Any price adjustment will only be made at the time of Contract renewal and/or extension and will be a factor in the extension review process. The City will determine whether the requested price adjustment or an alternate option, is in the best interest of the City. Any price adjustment will be effective upon the effective date of the Contract extension.

BUSINESS SERVICES DEPARTMENT Page 23 of 41

F.5. TERM AND RENEWAL

The term of the Contract shall commence upon award 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 City of Tucson shall have the right, at its sole option, to renew the Contract for FOUR (4) additional one-year periods or portions thereof. In the event that the City exercises 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.

BUSINESS SERVICES DEPARTMENT Page 24 of 41

G. INSURANCE REQUIREMENTS

G.1. Required Insurance Policies

Contractor will obtain and maintain during the entire term of this Contract the following insurance coverage from insurers that have an “A.M. Best” rating of not less than A-VII:

G.2. Commercial General Liability

Policy must include Bodily Injury, Property Damage, Personal Injury and Broad Form Contractual Liability with coverage limits no lower than:

Each Occurrence: $1,000,000

General Aggregate: $2,000,000

Products & Completed Operations Aggregate: $2,000,000

Personal and Advertising Injury: $1,000,000

Blanket Contractual Liability: $1,000,000

G.3. Commercial Automobile Liability

Policy must include bodily injury and property damage, for any owned, hired, and/or non-owned vehicles used in performance of work under this Contract, with a Combined Single Limit no lower than $1,000,000.

G.4. Worker's Compensation. Policy must have coverage limits no lower than:

Policy must have coverage limits no lower than:

Per Occurrence: Statutory

Employer's Liability: $1,000,000

Disease Each Employee: $1,000,000

Disease Policy Limit: $1,000,000

[If Contractor is a Sole Proprietor, include this waiver provision under A.R.S. § 23-961(M). To determine whether the Contractor is a Sole Proprietor, please request the Sole Proprietor/Independent Contractor form from the Contract Officer listed in the solicitation.] I am a sole proprietor, and I am doing business as [name of sole proprietor business]. I am performing work as an independent contractor for the City of Tucson. I am not the employee of the City of Tucson for workers' compensation purposes, and, therefore, I am not entitled to workers' compensation benefits from the City. I understand that if I have any employees working for me, I must maintain workers' compensation insurance on them.

BUSINESS SERVICES DEPARTMENT Page 25 of 41

G.5. Claims Made Insurance Coverage

If any or part of the required insurance is written on a claims-made basis, any policy retroactive date must precede the date of the contract and the Contractor must maintain such coverage for a period not less than three (3) years following contract expiration, termination or cancellation.

G.6. Additional Insurance Requirements

All Policies, excluding Employment Practices Liability and Professional Liability (Errors & Omissions), shall include or be endorsed to include the following provisions:

A. A waiver of subrogation endorsement in favor of the City of Tucson, for losses arising from work performed by or on behalf of the Contractor (Including Worker’s Compensation).

B. The insurance afforded the contractor shall be primary insurance and that any insurance carried by the City of Tucson and its agents, officials or employees shall be excess and not contributory.

C. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of this Contract.

G.7. Policy Change Notice.

Contractor will give the City 10 days advance written notice before any of the above policies are changed in any manner that is inconsistent with the requirements of this Contract. The notice must be sent directly to the Procurement Division of the Business Services Department.

G.8. Additional Insured

The Commercial General Liability, Commercial Automobile Liability and umbrella policies where applicable will include the City as an additional insured with respect to liability arising out of the performance of this contract. The City must be covered to the full policy limits, even if those limits of liability are in excess of those required by this Contract.

G.9. Acceptability of Insurers

Contractors insurance shall have an “A.M. Best” rating of not less than A-VII. The City of Tucson in no way warrants that the required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

G.10. Verification of Coverage

Contractor shall furnish the City of Tucson with certificates of insurance (ACORD form or equivalent approved by the City of Tucson) as required by this Contract. The certificates for each insurance policy are to be signed by an authorized representative.

All certificates and endorsements are to be received and approved by the City of Tucson before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work and remain in effect for the duration of the contract and two (2) years after

BUSINESS SERVICES…