HVAC_Systems_Cleaning_Services_(Addendum_#1_Revision).pdf

CITY OF TUCSON

REQUEST FOR QUOTE

250017

HVAC SYSTEMS CLEANING SERVICES

Due Date: Friday, March 28, 2025

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/107708

PUBLISH DATE: March 7, 2025 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 QUOTE NO. 250017

BUSINESS SERVICES DEPARTMENT Page 2 of 34 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

C - FCM Approved In-House Key Procedures, Sample Document

BUSINESS SERVICES DEPARTMENT Page 3 of 34

A. Notice of Request for Quotation

I. INTRODUCTION:

The City of Tucson, Business Services Department, Shared Services – Procurement Division (“Procurement Division”) is requesting quotes from qualified firm(s) for the purpose of establishing a Service Agreement for HVAC Systems Cleaning Services, as per the Scope of Work.

II. AWARD OF SERVICE AGREEMENT(Contract):

A. Unless otherwise provided within this Request for Quotation, the City reserves the right to award by individual line item, by group of line items, or as a total, whichever is deemed most advantageous to the City.

B. Notwithstanding any other provision of the Service Agreement, the City reserves the right to:

1. waive any immaterial defect or informality; or

2. reject any or all quotes, or portions thereof; or

3. reissue a Request for Quote.

C. A response to the Request for Quotation is an offer to contract with the City based upon the terms, conditions, and Specifications contained in the City’s Request for Quote. Quotes do not become Contracts unless and until they are executed by the City’s Director of Business Services or authorized representative. The Service Agreement has its inception in the award, eliminating a formal signing of a separate Contract. All of the terms and conditions of the Service Agreement are contained in this Request for Quotation document, unless any of the terms and conditions are modified by an Amendment.

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B. Introduction

B.1. Summary

The heating, ventilation and air conditioning system (HVAC) system includes any interior surface of the facility's air distribution system for conditioned spaces and/or occupied zones. This includes the entire HVAC from the points where the air enters the system to the points where the air is discharging from the system. The return air grilles, return air ducts to the air handling unit (AHU), the interior surfaces of the AHU, mixing box, condensate drain pans, humidifiers and dehumidifiers, supply air ducts, fans, fan housing, fan blades, air wash systems, spray eliminators, turning vanes and supply diffusers are all considered part of the HVAC system. The HVAC system may also include other components such as dedicated exhaust and ventilation components, make-up air systems and/or coil compartment and reheat coils.

B.2. Background

The Contractor shall be responsible for the removal of visible surface contaminants and deposits from within the HVAC system in strict accordance with these specifications.

B.3. Contact Information

Joseph Palacino Contract Officer

255 W. ALAMEDA,

Tucson, AZ 85701 Email: joseph.palacino@tucsonaz.gov Phone: (520) 837-4126 Department:

EGSD

B.4. Timeline mailto:joseph.palacino@tucsonaz.gov tel:(520)837-4126

BUSINESS SERVICES DEPARTMENT Page 5 of 34

Release Project Date March 7, 2025

Question Submission Deadline March 14, 2025, 12:00pm

Proposal Submission Deadline March 28, 2025, 2:00pm

BUSINESS SERVICES DEPARTMENT Page 6 of 34

C. Scope of Services

C.1. HVAC System Inspection

A. Prior to the commencement of any cleaning work, the Contractor shall perform a visual inspection of the HVAC system to determine the appropriate methods, tools and equipment required to satisfactorily complete the project.

B. The cleanliness inspection should include the air handling units and representative areas of the HVAC system components and duct work. In HVAC systems that include multiple air handling units, a representative sample of the units should be inspected.

C. The cleanliness inspection shall be conducted with minimal impact to the occupants or the indoor air quality. The contractor shall make every effort to minimize the disturbance of settled dust, microbial amplification or other debris.

D. Damaged system components found during the inspection process should be documented and reported to the FCM representative.

C.2. HVAC System Cleaning

A. During the cleaning process, precautions shall be taken to avoid disbursing dust and debris outside of the HVAC system and shall be collected and disposed of properly.

B. Where the Particulate Collection Equipment (PCE) is exhausting inside the building, HEPA filtration with 99.97% collection efficiency for 0.3-micron size (or greater) particles shall be used. When the PCE is exhausting outside the building, mechanical cleaning operations shall be undertaken only with particulate collection equipment in place, including adequate filtration to contain debris removed from the HVAC system. When the PCE is exhausting outside the building, precautions shall be taken to locate the equipment down wind and away from all air intakes and other points of entry into the building.

C. The contractor shall ensure that odors and mist vapors are controlled during the cleaning process

D. At the completion of the cleaning process, all equipment shall be visibly clean as defined in the NADCA Standards. All components shall be returned to their original settings as recorded prior to the start of the cleaning process.

E. All dampers and air directional mechanical devices shall be marked prior to cleaning and then returned to their set marked position upon completion of the cleaning process.

F. The Contractor shall use existing access openings as required for inspections, physical and mechanical entry and cleaning. If additional access points are required in order to complete the project, these openings shall be constructed in a manner that once closed, due not hinder, restrict, or alter air flow within the system. These openings shall be properly insulated to prevent heat loss/gain or condensation on surfaces within the system.

G. If needed to complete the cleaning process, the contractor may remove ceiling sections to gain access to the HVAC system. In locations where Asbestos Containing Material is present, the Ceiling tiles shall only be moved in accordance with AHERA Procedures.

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H. The Contractor shall clean all air distribution devices such as registers, grilles and diffusers.

I. The Contractor shall ensure that supply, return, and exhaust fans and blowers are thoroughly cleaned. Areas to be cleaned include blowers, fan housing, plenums (except ceiling supply and return plenums), scrolls, blades, vanes, shafts, baffles, dampers and drive assemblies. All visible surface contamination deposits shall be removed in accordance with NADCA Standards.

J. The Contractor shall clean all internal surfaces of air handling units, components and condensate collectors and drains. Assure that a suitable drainage system is in place prior to beginning the cleaning process.

K. Mechanically clean all duct systems to remove all visible all duct systems to remove all visible contaminants, such that the systems can pass a Cleaning Verification Test as defined by the NADCA Standards.

L. When the need arises, create service openings in the duct system in order to complete the cleaning system. Seal all openings in duct work to match existing conditions.

M. All vacuum devices exhausting air inside the building shall be equipped with HEPA Filters. This includes hand held vacuums and wet vacuums.

N. All vacuum devices exhausting air outside the building shall be equipped with Particulate Collection including adequate filtration to contain debris removed from the HVAC system.

These devices shall exhaust in a manner that does not allow particulates to re-enter the building and that does not release debris in a manner that violates Environmental Standards, codes or regulations.

O. All methods will require mechanical agitation devices to dislodge debris adhered to the interior of the HVAC system surfaces, such that the debris may be safely conveyed to vacuum collection devices. Acceptable methods will include those which will not potentially damage the integrity of the duct work, nor damage porous surface materials such as liners inside the duct work or system components.

C.3. Fibrous Glass Insulation Cleaning

A. Fibrous glass thermal or acoustical insulation elements present in any equipment or duct work shall be thoroughly cleaned with HEPA vacuuming equipment, while the HVAC system is under constant negative pressure, and not permitted to get wet in accordance with the applicable NADCA and NAIMA standards and recommendations.

B. The cleaning methods used shall not cause damage to the fibrous glass components and will render the system capable of passing a Cleaning Verification Test per NADCA Standards.

C. In the event that there is evidence of damage, deterioration, delaminating, friable material, mold or fungus growth, or moisture such that fibrous glass materials cannot be restored by cleaning or resurfacing with an acceptable insulation repair coating, they shall be identified as needing replacement to the FCM Representative.

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C.4. Antimicrobial Agents and Coating

A. Antimicrobials agents shall only be applied if active fungal growth is reasonably suspected or where unacceptable levels of fungal contamination have been verified through testing.

B. Application of any antimicrobial agents used to control the growth of fungal or bacteriological contaminants shall be performed after the removal of surface deposits and debris.

C. When used, antimicrobial treatments and coatings shall be applied in strict accordance with the Manufacturers written recommendations and EPA registration listing.

D. Antimicrobial coatings shall be applied according to the Manufacturers written instructions.

Coatings shall be sprayed directly onto the interior duct work surfaces, rather than "fogged" downstream onto surfaces.

C.5. Cleaning of Coils (When applicable)

A. The cleaning method used shall render the Coil visibly clean and capable of passing a Coil Cleaning Verification per NADCA Standards.

B. The coil drain pans shall be subject Non-Porous Surface Cleaning Verification.

C. The drain for the condensate drain pan shall be operational.

D. The cleaning methods shall not cause any damage to, displacement of, inhibit heat transfer or erosion of the coil surface or fins and shall conform to coil manufacturer recommendations when available.

E. Coils shall be thoroughly rinsed with clean water to remove any latent residues.

C.6. FCM - Contractor Preparation and Mandatory Contract Review Meeting

A. Be fully knowledgeable of and understand all contract requirements and specifications before commencing any work and at all times thereafter.

B. Participate in a mandatory Contract Review Meeting with FCM Representatives, to be scheduled by the FCM Representative. This mandatory meeting shall be held after the contract award but before the Contractor begins providing services. The purpose of the Contract Review Meeting is to ensure that all parties fully understand and agree to all contract requirements before services commence and to obtain clarifications and preclude future misunderstandings. The Contractor and Contractor Representatives shall use this meeting to verify scheduling and receive clarification regarding any contract requirements. Any requirements that are not discussed in this meeting shall not relieve the Contractor of any responsibility under this contract.

C.7. FCM - Contractor Personnel Requirements

A. Assign work to Contractor employees who are fully trained and qualified to perform work and provide evidence of their qualifications and training upon request.

B. Utilize only individuals to work on this contract who have successfully completed a background investigation conducted by the Tucson Police Department. The Contractor shall submit the

BUSINESS SERVICES DEPARTMENT Page 9 of 34 names of individuals the Contractor intends to perform work to the FCM Contract Representative. Individuals shall not perform work until the FCM Contract Representative notifies the Contractor of successful completion of the background investigation. The FCM Contract Representative will notify the Contractor of the results of the background investigation as either 'Pass' or 'Fail'. No other information will be provided. The Contractor shall not assign work to individuals who have failed the criminal background investigation. Personnel may begin work only after the background investigation is complete and the FCM Contract Representative has notified the Contractor. Criminal background investigations are conducted at no cost to the Contractor.

C. Designate at least one individual to act in a management capacity. The individual(s) shall be responsible for, and have authority to act in overseeing and supervising Contractor employees and workers, be available at the request of the City to inspect and discuss work, to resolve performance issues, and to provide technical advice, consultation, or input as requested by the City. The Company Representative shall be available at all times via telephone and shall be able to respond within 24 hours to requests for meetings or consultations, and within two (2) hours to emergencies as determined by the FCM Contract Representative.

D. Ensure that all employees and personnel wear uniforms and photo identification badges (the first and last name of the employee) clearly showing the Contractor's company name.

E. The Contractor shall utilize company vehicles with clear identifiable company logo when performing work at any City owned facilities.

F. Ensure that all Contractor employees and personnel conduct themselves in a professional manner, and maintain positive, open, respectful, and constructive communication with the FCM Representatives, other City staff, and the public.

G. Ensure that all Contractor employees and personnel, while working at City buildings and sites, or otherwise engaged in performing work for the City, are not under the influence of alcohol, drugs or other intoxicants, do not engage in any illegal activities, and are not in possession of weapons.

H. Remove immediately and permanently from assignment to this contract any Contractor employee who is determined by the FCM Representative to be incompetent, abusive, disorderly, disruptive, uncooperative, intoxicated, in possession of or under the influence of any illegal substance, in possession of weapons, firearms, explosives, or dangerous substances, or is otherwise determined to be generally ineffective. The FCM Contract Representative will rely on his or her own observations of the employee's work performance, work products, or resulting system performance, and the input of other City employees or citizens in making a determination. The City reserves the right to have Contractor employees removed with the assistance of contract security or the Tucson Police Department and therefore the individual may be subject to arrest and criminal prosecution. The City reserves the right to have a contractor employee removed at the City's sole discretion.

C.8. FCM - Key Accountability Requirements

There are two options for building access: Option 1, and Option 2, as described below. For either option, the Contractor shall meet the following requirements:

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A. The Contractor shall provide the City of Tucson an In-house Key procedure for securing the

City of Tucson keys in the Contractor’s possession. The Contractor must present the In-House Key Procedure to the FCM Representative for approval prior to keys being issued. Once the FCM Representative grants approval, the Contractor’s employee(s) shall be required to sign a Key form with an itemized list of all the keys assigned to the Contractor and/or employee(s) and accept responsibility of the City of Tucson keys.

B. See Attachment - FCM Approved In-House Key Procedure - Sample Doc for an example of a previously approved Contractor’s In-House Key Procedure.

C. The Contractor shall be required to pay the minimum fine for lost keys of $75 per door/cylinder that the lost keys pertain to. This fine applies to the City controlled keys, only. However, if the loss of the keys results in a greater cost to the City that is not covered under insurance reimbursement, the Contractor may be financially responsible for any additional cost to the City of Tucson. The Contractor shall be subject to random key audits conducted by the City of Tucson.

D. The Contractor shall retrieve all assigned City of Tucson keys and badge(s) from the employee(s) who separate or are terminated from the Contractor’s company. The Contractor shall immediately notify the FCM Representative of the employee’s separation and the location of the City of Tucson keys and badge(s) assigned to that Contractor’s employee, The Contractor shall immediately return the keys and badges to the FCM Representative. The Contractor shall immediately notify the FCM Representative of any lost City of Tucson badges and will be charged $40 for each City of Tucson badge that was lost.

E. By the last day of the active contract, the Contractor shall return all assigned City of Tucson keys and badge(s) to the FCM Representative. For any keys or badges not returned by that time, the aforementioned charges for lost keys and/or badge(s) apply.

F. The above requirements shall apply to any and all subcontractors conducting business with the City of Tucson on behalf of the Contractor.

G. Option 1 - City of Tucson Keys at Thomas O. Price Service Center, Park Avenue Guard Shack

1. Approved personnel acting on behalf of the Contractor who have passed the Tucson Police Department Background Check and have been issued an active City of Tucson badge, may check out keys from the Park Avenue Guard Shack. The Contractor’s employee must present their City Badge to sign out City keys at the Park Avenue Guard Shack. The Contractor’s employee must return the keys at the end of the Contractor’s shift or when work is completed on the same day.

H. Option 2 - City of Tucson Keys Assigned to Contractor Employees

1. Approved personnel acting on behalf of the Contractor who have passed the Tucson Police Department Background Check and have been issued an active City of Tucson Badge may be issued City of Tucson keys.

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C.9. FCM - Contract Administration

A. FCM Representative The City will designate one or more FCM Representative(s) to assist with, and oversee, Contractor work. The FCM Representative(s) shall:

1. Coordinate and schedule work with the Contractor and meet the Contractor at work sites and buildings as necessary to facilitate and monitor the Contractor’s work.

2. Monitor Contractor performance, consult with and be advised by manufacturer representatives, review, accept, or decline to accept the work performed by the Contractor, and to ensure overall contract compliance.

3. Provide or coordinate the Contractor’s access to work sites, buildings, yards, etc. to facilitate the work, and resolve any unanticipated access issues. Assign as necessary facility access keys for access to the building facilities. The Contractor will bear a financial burden, should the Contractor’s assigned keys be lost.

4. Consult with the Contractor in advance and during the course of work to ensure the work progresses and is completed to the full satisfaction of the City.

5. Consult with the Manufacturer Representatives to verify proper product uses and application when necessary.

6. Conduct unannounced periodic inspections of the Contractor’s work at any time.

7. Independently inspect and test any materials, parts, equipment or performance to ensure the proper performance of units.

8. Direct the Contractor to correct any deficient processes, products, applications, or other Contractor actions, and request warranty work.

9. Act as an liaison with primary building contact to inform occupants of the work, minimize disruption to public services or the work of building occupants, resolve problems, respond to building occupant complaints, inform occupants of actions that may disrupt the work of building occupants or interfere with public service (such as electrical shutdown, etc.), and notify occupants of project completion.

10. Provide other assistance to the Contractor as necessary and appropriate to expedite the project.

B. Contractor Compliance The Facilities & Communications Maintenance Division (FCM) shall utilize a contract compliance function to ensure that the City receives all contracted services. The Contractors primary contacts within the Facilities & Communications Maintenance Division shall be:

1. FCM Representative(s):

a. Responsible for routine direct coordination with Contractor, requesting service calls, providing or coordinating access to units by the Contractor Technician when necessary, providing technical assistance, support, monitoring of Contractor performance, discussion and resolution of performance problems.

2. FCM Superintendent:

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a. Designated as the City's Contract Representative, responsible for overall contract administration and compliance, documenting contractor performance, and coordination with the City's Procurement Department.

C. Contractor Performance The Facilities & Communications Maintenance Division (FCM) will utilize the following steps when monitoring Contractor performance:

1. On-Site Monitoring:

a. The FCM Representative shall monitor Contractor performance at any time during any service calls, through the use of observation, discussion, and technical assistance, and may use the contract, personal expertise and judgment, inspection, observation and independent testing to draw conclusions about the performance of the Contractor.

2. Inspection of Equipment, Parts, Materials, and Supplies:

a. The FCM Representative may conduct inspection or testing of any and all equipment, parts, and materials, or provided by the Contractor to verify contract requirements regarding compliance with manufacturer’s specifications.

3. Equipment Testing and Performance:

a. The FCM Representative may independently test, or have tested by an outside third party, components that have been repaired or replaced by the Contractor Technician to verify equipment specification and performance. The performance of units repaired or replaced by the Contractor shall be key indicator of the Contractor’s effectiveness (if applicable).

4. Independent Inspection or Audit:

a. Notwithstanding any other audit clause in this contract, the FCM Contract Superintendent may at any time conduct a review, inspection or audit of the Contractor's work or performance related to any contract requirement.

5. Documentation of Performance Monitoring Results:

a. The FCM Superintendent shall provide the results of any contract monitoring activities or tests, either verbally or in writing, to the Contractor.

D. Correcting Contractor Performance The Contractor shall adhere to and cooperate with the following process and steps to document and correct performance issues. These steps shall be in addition to any other standard contractual remedies. It is the intent of these steps to resolve performance related matters to the full satisfaction of FCM Management, thereby ensuring that the interests of the City are protected.

1. Informal Discussion:

a. The FCM Representative shall attempt to promptly and informally resolve non- critical contract performance issues at the first level through a discussion with the on-site Contractor employee. Such issues will be noted and filed in the Contractor’s file and discussed at either the Monthly or Quarterly meetings. Matters unresolved will be forwarded to the FCM Superintendent. If in the judgment of the FCM Representative the

BUSINESS SERVICES DEPARTMENT Page 13 of 34 performance issue is of a repetitive, serious or critical nature, or a first level information discussion has not resolved a non-critical issue, the FCM Representative shall notify the FCM Superintendent.

2. Notification to FCM Management:

a. If in the judgment of the FCM Representative the performance issue is of a repetitive, serious or critical nature, or a first level information discussion has not resolved a non-critical issue, the FCM Representative shall notify the FCM Superintendent.

3. Reporting Deficient Performance to the Contractor:

a. The FCM Superintendent will forward copies of written performance comments to the designated Contractor Representative, requesting follow-up action on the part of the Contractor Representative to resolve the performance matter.

4. Consultation with the Contractor:

a. The Contractor's designated management representative shall at the request of the FCM Superintendent meet to discuss and resolve noted instances of deficient contract performance. The purpose of this step is to informally but promptly give the Contractor the opportunity to correct deficient performance.

5. Unresolved Performance Issues:

a. Performance issues that have not been fully resolved and corrected by the Contractor shall be referred to the City of Tucson Procurement Department for remedy.

C.10. Hazardous Materials and Safety Procedures

A. If, during the course of HVAC systems cleaning services, the Contractor suspects, discovers, or is notified by City Personnel of the presence of potential hazardous materials or conditions, including but not limited to asbestos, mold, mildew, biohazards, or any other harmful substances, the Contractor shall immediately notify the City in writing and take appropriate action to assess and ensure a safe working environment.

B. The Contractor shall be responsible for conducting any necessary testing, evaluations, or inspections to identify the presence of such hazards. In the event hazardous materials are confirmed, the Contractor shall be responsible for the proper abatement, remediation, or containment of these materials in accordance with applicable local, state, and federal laws and regulations. The Contractor shall also be responsible for ensuring that personnel involved in the work are appropriately trained and equipped to safely handle and manage such materials.

C. The Contractor agrees to indemnify and hold the City harmless from any and all liabilities, claims, or costs arising from the presence of hazardous materials, including the costs of testing, abatement, and any required training or remediation efforts.

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D. Compensation and Payment

In consideration of the performance of the services described in the Scope of Services, the City shall pay the Contractor the sum or amounts as set forth below and the Contractor shall charge the City only in accordance with those same amounts.

Total payments under this Agreement shall not exceed $100,000.

The City will pay the Contractor following submission of itemized invoice(s) for the services rendered.

No payment shall be issued prior to receipt of material or service and correct invoice. Each itemized invoice must bear a written certification by an authorized City representative, confirming the services for which payment is requested have been performed. The City shall make every effort to process payment for the purchase of materials or services within twenty-one (21) calendar days after receipt of materials or services and a correct invoice.

HOURLY RATE FOR PROVIDING SCOPE OF SERVICES

Rate to be inclusive of all costs. Services to be provided on an on-call basis. Site and equipment specific project and pricing proposal will be requested prior to notice to proceed.

Line Item Description Quantity Price ($) Per Hour

Unit Cost Total

1 Hourly Labor Rate Mon-Fri 8:00 AM

- 5:00 PM

1 $/Hour

2 Hourly Labor Rate After-hours, Weekends, Holidays

1 $/Hour

TOTAL

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E. Vendor Questionnaire

E.1. Delivery Timeline* Delivery is promised within how many calendar days after receipt of an order.

*Response required

E.2. Sales Tax Percent* What percentage is the tax rate that applies to this project for you?

*Response required

E.3. Prompt Payment Discount Terms* Please explain your terms below.

The price(s) herein can be discounted by _______%, if payment is made within ______ days. These payment terms shall apply to all purchases and to all payment methods.

*Response required

E.4. Tucson Business License* Does your firm have a City of Tucson Business License? If yes, please provide a copy of your City of Tucson Business license.

☐ Yes

☐ No

*Response required

E.5. Credit Cards

Credit Card Accepted* Will payment be accepted via commercial credit card?

☐ Yes

☐ No

*Response required

Online Payment Accepted If yes, can commercial payment(s) be made online?

☐ Yes

☐ No

Third Party Will a third party be processing the commercial credit card payment(s)?

☐ Yes

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☐ No

Transaction fees If yes, indicate the percentage per transaction ___________ (as allowable, per Section 5.12.2 of the MasterCard Transaction Processing Rules).

Credit Card Acceptance Consideration If “no” to above, will consideration be given to accept the card? ____Yes ____No

☐ Yes

☐ No

E.6. Forms to be completed

Technical Proposal Please upload your Vendor Response to Evaluation Criteria (if applicable).

Pricing Proposal Please upload your Pricing Proposal (if applicable).

Offer and Acceptance Form* Please upload the signed Offer and Acceptance Form.

*Response required

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F. Vendor Response

REQUIREMENTS SPECIFIC TO EVALUATION CRITERIA: The narrative portion and the materials presented in response to this Request for Quote should be submitted in the same order as requested and must contain, at a minimum, the following:

F.1. Method of Approach

A. Demonstrate and describe your firm's understanding of the requirements listed in the Scope of Work, and your firm's proposed approach to organizing, managing, and successfully completing the work described in the Scope of Work.

B. Describe how the company and its employees will satisfy contract requirements, including descriptive information about company human, vehicle, and equipment resources, parts availability and storage, access to component manufacturers, and other information essential to performance of the work.

C. Provide information about the company's approach, methods, and techniques for the cleaning of HVAC Systems. List the steps, techniques, procedures, and methods the Contractor proposes to implement for the cleaning of the systems. Include sufficient detail for an evaluation of the thoroughness of the proposed procedures.

D. Proved Safety Data Sheets (SDS) for all products intended for use in this contract.

E. Identify if subcontractors will be utilized for services under this contract.

F. Provide your firm's proposed cleaning methods and techniques on a step-by-step basis. The proposed methods shall at minimum include the spraying of solution on equipment, soaking according to the manufacturer's recommendations, rinsing clean with water with a hand pressure sprayer or hose end sprayer, and the vacuuming out of water and cleaning products.

Your firm may propose other cleaning techniques in addition to the minimum requirements.

G. Provide a sample invoice.

H. Provide a copy of lock-out / tag-out procedures.

F.2. Qualifications & Experience

A. Provide a general overview of your company, including company location, number of years in business, and number of employees.

B. Provide a description of the company and the company's experience in cleaning HVAC systems.

C. Provide the names and contact information (agency, contact name, title, phone number and email address) of at least two (2) references to whom the company has provided similar services. Also, include the number of facilities they are responsible for.

D. Provide the names and resumes of key company officers, to include contact information, certifications and licenses of the designated company representative, including levels of training, certifications received, descriptions of their experience, expertise and the number of contracts/projects that they are currently the designated contact person.

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E. Provide the names of employees who will perform work on this contract, and include summary resumes, levels of training, certifications received, and descriptions of their experience and expertise.

F. Provide the name, title, and contact information for the person who will be FCM's main point of contact.

G. List and provide the documentation of all contractors' licenses held by the Contractor. Indicate if the company of qualifying party's contractor's license has been suspended or revoked, and how the matter was resolved.

H. List and provide documentation of the licenses of any critical subcontractors if subcontractors will be used.

I. Describe how your firm ensures all employees are kept up to date on industry standards, training, certifications and information.

F.3. Price Proposal

Provide price proposal as requested on the Price Page attached herein.

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G. Special Terms and Conditions

G.1. 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) ADDITIONTAL 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.

G.2. Price Adjustment

The City will review fully documented requests for price adjustment only 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.

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H. Insurance

H.1. The Contractor agrees to

A. Obtain insurance coverage of the types and amount required in this section and keep such insurance coverage in force throughout the life of this contract. All policies will contain an endorsement providing that written notice be given to the City at least thirty (30) calendar days prior to termination, cancellation, or reduction in coverage in any policy.

B. 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. Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract. The Contractor agrees that the insurance hereunder will be primary and that any insurance carried by the City will be excess and not contributing.

C. Provide and maintain minimum insurance limits as applicable.

H.2. Commercial General Liability

Policy shall include Bodily Injury, Property Damage, Personal Injury and Broad Form Contractual Liability:

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

H.3. Commercial Automobile Liability

Policy shall include Bodily Injury and Property Damage, for any owned, Hired, and/or Non-owned vehicles used in the operation, installation and maintenance of facilities under this agreement.

Combined Single Limit: $1,000,000

H.4. Worker's Compensation (Applicable to the State of Arizona)

Per Occurrence: Statutory

Employer's Liability: $1,000,000

Disease Each Employee: $1,000,000

Disease Policy Limit: $1,000,000

*Sole Proprietor/Independent Contractor designation is given to those who desire to waive their rights for workers’ compensation coverage and benefits as outlined in ARS§ 23-901 and specifically ARS §

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23-961 (O). If applicable, please request the Sole Proprietor/Independent Contractor form from the Contract Officer listed in the solicitation.

H.5. Professional Liability (Errors & Omissions)

Each Claim: $1,000,000

Annual Aggregate: $2,000,000

H.6. 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.

H.7. 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.

H.8. Notice of Coverage Modifications

Any changes material to compliance with this contract in the insurance policies above shall require (10) days written notice from the contractor to the City of Tucson. Such notice shall be sent directly to the Procurement Division.

H.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.

H.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

BUSINESS SERVICES DEPARTMENT Page 22 of 34 commencement of work and remain in effect for the duration of the contract and two (2) years after completion. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal upon the City’s request, is a material breach of contract.

All certificates required by this Contract shall be sent directly to the Procurement Division.

The City of Tucson project/contract number and project description shall be noted on the certificate of insurance. The City of Tucson reserves the right to require complete copies of all insurance policies required by this Contract at any time.

H.11. Subcontractors

Contractors’ certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the City of Tucson separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above.

H.12. Exceptions

In the event the Contractor or sub-contractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self- Insurance.

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I. Standard Terms and Conditions

I.1. ADVERTISING

Contractor shall not advertise or publish information concerning this Contract without prior written consent of the City’s Director of Business Services.

I.2. AFFIRMATIVE ACTION

Contractor shall abide by the provisions of the Tucson Procurement Code Chapter 28, Article XII.

I.3. AMERICANS WITH DISABILITIES ACT

The Contractor shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101, et seq.) and applicable Federal regulations under the Act.

I.4. APPLICABLE LAW

This Contract shall be governed, and the City and Contractor shall have all remedies afforded to each, by the Tucson Procurement Code and the law of the State of Arizona. State law claims shall be brought only in Pima County Superior Court.

I.5. ASSIGNMENT DELEGATION

No right or interest in this Contract shall be assigned by the Contractor without prior written permission of the City, and no delegation of any duty of the Contractor shall be made without prior written permission of the City's Director of Business Services. The City shall not unreasonably withhold approval and shall notify the Contractor of the City's position by written notice.

I.6. CHILD/SWEAT-FREE LABOR POLICY

The Contractor shall comply with all applicable provisions of the United States Federal and State Child Labor and Worker's Right laws and agrees if called upon to affirm in writing, that they, and any subcontractor involved in the provision of goods to the City, are in compliance.

I.7. CLEAN-UP

The Contractor shall at all times keep the contract area, including storage areas used by the Contractor, free from accumulation of waste material or rubbish and, prior to completion of the work, remove any rubbish from the premises and all tools, scaffolding, equipment and materials not property of the City.

Upon completion of the repair, the Contractor shall leave the work and premises in clean, neat and workmanlike condition.

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I.8. COMMENCEMENT OF WORK

The Contractor is cautioned not to commence any billable work or provide any material or service under this Contract until Contractor receives purchase order or is otherwise directed to do so, in writing, by the City.

I.9. CONFIDENTIALITY OF RECORDS

The Contractor shall establish and maintain procedures and controls that are acceptable to the City for the purpose of assuring that no information contained in its records or obtained from the City or from others in carrying out its functions under the Contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Contract. Persons requesting such information should be referred to the City. Information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under the Contract, unless otherwise agreed to in writing by the City.

I.10. CONTRACT ADDENDA

The Procurement Division has the sole authority to:

A. Amend the contract or enter into supplemental verbal or written agreements;

B. Grant time extensions or contract renewals; and

C. Otherwise modify the scope or terms and provisions of the contract.

This Contract shall only be modified with the approval of the Procurement Division. Except in the case of a documented emergency, approval must be granted prior to performance. Any contract modification not explicitly approved by the Procurement Division through a written contract addendum or change order is performed at the sole risk of the Contractor and may not be eligible for payment by the City.

I.11. CONTRACT

The Contract shall contain the entire agreement between the City of Tucson and the Contractor relating to this requirement and shall prevail over any and all previous agreements, contracts, proposals, negotiations, purchase orders, or master agreements in any form.

I.12. DEFAULT IN ONE INSTALLMENT TO CONSTITUTE TOTAL BREACH

Contractor shall deliver conforming materials in each installment or lot of this Contract and may not substitute nonconforming materials. Delivery of nonconforming materials, or default of any nature, may constitute breach of the Contract. Noncompliance may be deemed a cause for possible Contract termination.

I.13. DUPLEXED/RECYCLED PAPER

In accordance with efficient resource procurement and utilization policies adopted by the City of Tucson, the Contractor shall ensure that, whenever practicable, all printed materials produced by the Contractor

BUSINESS SERVICES DEPARTMENT Page 25 of 34 in the performance of this Contract are duplexed (two-sided copies), printed on recycled paper and labeled as such.

I.14. ENFORCEMENT, LAWS AND ORDINANCES

This agreement shall be enforced under the laws of the State of Arizona.

Each party must comply with all applicable federal, state, county, and City laws, ordinances, and regulations. Contractor shall ensure Contractor’s obligation regarding payment of all taxes, licenses, permits, and other expenses of any nature associated with the provision of services herein.

I.15. EQUAL PAY

The Contractor shall comply with the applicable provisions of the Equal Pay Act of 1963 (Pub.L. 88-38, 29 U.S.C. section 206(d)); Title VII of the Civil Rights Act of 1964 (Pub.L. 88-352, 42 U.S.C. 2000e et.seq.; and, the Lily Ledbetter Fair Pay Act of 2009 (Pub.L. 111-2).

I.16. EXCLUSIVE POSSESSION

All services, information, computer program elements, reports and other deliverables created under this Contract are the sole property of the City of Tucson and shall not be used or released by the Contractor or any other person except with prior written permission by the City.

I.17. FEDERAL IMMIGRATION LAWS AND REGULATIONS

Contractor warrants that it complies with all Federal Immigration laws and regulations that relate to its employees and complies with A.R.S. § 23-214(A) and that it requires the same compliance of all subcontractors under this Contract. Contractor acknowledges that pursuant to A.R.S. § 41-4401 and effective September 30, 2008, a breach of this warranty is a material breach of this Contract subject to penalties up to and including termination of this Contract. The City retains the legal right to audit the records of the Contractor and inspect the papers of any employee who works for the Contractor to ensure compliance with this warranty and the Contractor shall assist in any such audit. The Contractor shall include the requirements of this paragraph in each contract with subcontractors under this Contract.

Contractor warrants that it complies with all Federal Immigration laws and regulations that relate to its employees and complies with A.R.S. § 23-214(A) and that it requires the same compliance of all subcontractors under this Contract. Contractor acknowledges that pursuant to A.R.S. § 41-4401 and effective September 30, 2008, a breach of this warranty is a material breach of this Contract subject to penalties up to and including termination of this Contract. The City retains the legal right to audit the records of the Contractor and inspect the papers of any employee who works for the Contractor to ensure compliance with this warranty and the Contractor shall assist in any such audit. The Contractor shall include the requirements of this paragraph in each contract with subcontractors under this Contract.

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I.18. FORCE MAJEURE

Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented by reason of Force Majeure. The term "Force Majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Force Majeure shall not include late performance by a subcontractor unless the delay arises out of a Force Majeure occurrence in accordance with this Force Majeure term and condition.

If either party is delayed at any time in the progress of the work by Force Majeure, the delayed party shall notify the other party in writing of such delay, as soon as is practical, of the commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be hand-delivered or mailed certified-return receipt and shall make a specific reference to this article, thereby invoking its provisions.

The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing when it has done so. The time of completion shall be extended by contract modification for a period of time equal to the time that results or effects of such delay prevent the delayed party from performing in accordance with this Contract.

I.19. GRATUITIES

The City may, by written notice to the Contractor, terminate this Contract if it is found that gratuities, in the form of entertainment, gifts, meals or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor, to any officer or employee of the City amending, or the making of any determinations with respect to the performing of such Contract. In the event this Contract is terminated by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold from the Contractor the amount of the gratuity.

I.20. HUMAN RELATIONS

Contractor shall abide by the provisions of the Tucson City Code Chapter 28, Article XII.

I.21. INDEMNIFICATION

To the fullest extent permitted by law, Contractor, its successors, assigns and guarantors, will indemnify, defend, and hold harmless the City and its officials,…