Parks_and_Recreation_Maintenance_Mowing_Group_3.pdf

CITY OF TUCSON

REQUEST FOR PROPOSAL

250090

PARKS AND RECREATION MAINTENANCE MOWING GROUP 3

Due Date: Monday, February 3, 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/139621

PUBLISH DATE: January 13, 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 PROPOSAL NO. 250090

BUSINESS SERVICES DEPARTMENT Page 2 of 41 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-4118

Attachments:

A - Offer and Acceptance E - Parks Acreage and Price Page Group 3 F - Extra Work and Labor Rates G - Park Maps Group 3

BUSINESS SERVICES DEPARTMENT Page 3 of 41

A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR PROPOSAL NO 250090

TITLE: Parks and Recreation Maintenance Mowing Group 3

SUBMITTAL DUE DATE: Monday, February 3, 2025 AT 2:00 P.M. LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE: Tuesday, January 21, 2025

TIME: 10:00 am LOCAL AZ TIME

LOCATION: Microsoft Teams Need help? https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDQ5M2IxMTEtMTdkMy00NzQ4LWJiYWUtNjQ5YzJiNDU0NmE3%40thread.v2/ 0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%224dd6ef81-011f-43e1-b8dd-8668cf929fb8%22%7d Meeting ID: 266 761 192 947 Passcode: qy6tU37V Dial in by phone +1 213-293-2303,,770389047# United States, Los Angeles Phone conference ID: 770 389 047#

QUESTIONS SHALL BE DIRECTED TO: Sandra Alcorn

(520) 837-4118 sandra.alcorn@tucsonaz.gov

Posted Date: Monday, January 13, 2025

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.

BUSINESS SERVICES DEPARTMENT Page 4 of 41

B. INTRODUCTION

B.1. Summary

The City of Tucson (CITY) is accepting sealed Request for Proposals (RFP) to enter a term contract to provide Mowing Services at the sites listed in accordance with the specifications listed herein.

This RFP is for Group 3 ONLY. There are two (2) additional RFP's for Group 1 and Group 2.

B.2. Contact Information

Sandra Alcorn Principal Contract Officer Email: sandra.alcorn@tucsonaz.gov Phone: (520) 837-4118 Department:

Parks and Recreation

B.3. Timeline mailto:sandra.alcorn@tucsonaz.gov tel:(520)837-4118

BUSINESS SERVICES DEPARTMENT Page 5 of 41

Release Project Date January 13, 2025

Pre-Proposal Meeting (Non- Mandatory)

January 21, 2025, 10:00am

Microsoft Teams Need help?

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Meeting ID: 266 761 192 947 Passcode: qy6tU37V

Dial in by phone +1 213-293-2303,,770389047# United States, Los Angeles Phone conference ID: 770 389 047#

Question Submission Deadline January 24, 2025, 5:00pm

Proposal Submission Deadline February 3, 2025, 2:00pm https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDQ5M2IxMTEtMTdkMy00NzQ4LWJiYWUtNjQ5YzJiNDU0NmE3%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%224dd6ef81-011f-43e1-b8dd-8668cf929fb8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDQ5M2IxMTEtMTdkMy00NzQ4LWJiYWUtNjQ5YzJiNDU0NmE3%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%224dd6ef81-011f-43e1-b8dd-8668cf929fb8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDQ5M2IxMTEtMTdkMy00NzQ4LWJiYWUtNjQ5YzJiNDU0NmE3%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%224dd6ef81-011f-43e1-b8dd-8668cf929fb8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDQ5M2IxMTEtMTdkMy00NzQ4LWJiYWUtNjQ5YzJiNDU0NmE3%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%224dd6ef81-011f-43e1-b8dd-8668cf929fb8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDQ5M2IxMTEtMTdkMy00NzQ4LWJiYWUtNjQ5YzJiNDU0NmE3%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%224dd6ef81-011f-43e1-b8dd-8668cf929fb8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDQ5M2IxMTEtMTdkMy00NzQ4LWJiYWUtNjQ5YzJiNDU0NmE3%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%224dd6ef81-011f-43e1-b8dd-8668cf929fb8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDQ5M2IxMTEtMTdkMy00NzQ4LWJiYWUtNjQ5YzJiNDU0NmE3%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%224dd6ef81-011f-43e1-b8dd-8668cf929fb8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDQ5M2IxMTEtMTdkMy00NzQ4LWJiYWUtNjQ5YzJiNDU0NmE3%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%224dd6ef81-011f-43e1-b8dd-8668cf929fb8%22%7d

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C. SCOPE OF WORK

C.1. Scope of Work

GENERAL INFORMATION

The referenced brand names/models identified herein are for identification and performance level purposes only and are in no way intended to limit competition. Requests for approved alternates are encouraged and all submittals will be carefully reviewed and seriously considered for this application, by the Contract Representative.

The Offeror is encouraged to read the Solicitation documents very carefully, as the City shall not be responsible for errors and omissions on the part of the Offeror.

Offeror shall familiarize themselves with the nature and extent of the solicitation and contract documents, work to be performed, all local conditions, and federal, state, and local laws, ordinances, rules, and regulations that may in any manner affect cost, progress, or performance of the work.

1.0 GENERAL VENDOR QUALIFICATIONS

The Contractor shall be in compliance with all applicable Federal, State, Local, ANSI, and OSHA laws, rules, and regulations, and all other applicable regulations for the term of this contract.

The Contractor, without additional expense to the City, shall be responsible for obtaining and maintaining any necessary licenses and permits required in connection with the completion of the required services herein.

The Contractor shall not subcontract any segment or services covered herein, without prior approval of the Contract Representative. All subcontractors used under the scope of this contract shall meet all requirements, terms, and conditions set forth herein. All subcontracted services shall be warranted by and be the responsibility of the Contractor.

A. DESCRIPTION: CONTRACTOR shall furnish all labor, licenses, and permits, as well as material and equipment necessary to maintain the City locations as specified herein. For this contract, the CONTRACTOR shall be a licensed landscape contractor and licensed by the Registrar of Contractors. CITY is requiring the CONTRACTOR to have a qualifying party, at the time of submittal and during the term of the contract, with an C-21 license with the Registrar of Contractors as well as a qualifying party with a B-3 and B-5 license with the Office of Pest Management. The specifications listed herein are the minimum requirements and are intended to govern this contract. The CITY reserves the right to evaluate variations from these specifications.

All work specified herein shall be completed under the direction of and to the satisfaction of the Contract Representative/designee. All areas shall be mowed and trimmed in accordance with specifications.

The city reserves the right to add or deduct sites from the contract. As additional facilities are built within the city, they may be added via an addendum to the maintenance of this contract at a negotiated price.

http://www.sb.state.az.us/LicCatDefConv.php)

BUSINESS SERVICES DEPARTMENT Page 7 of 41

If at any time during this contact the CITY reduces the turf area by 20% or more, Contractor and CITY will renegotiate an updated cost for that park.

CONTRACTOR shall be required to have the equipment on hand necessary to perform contract requirements. CONTRACTOR shall list all equipment to be used on this contract on

SITE INSPECTION: CONTRACTOR shall visit the site(s) and familiarize themselves with any conditions that may be present. Submission of a bid will be prima facie evidence that the CONTRACTOR did, in fact, make a site inspection and is aware of all conditions affecting performance and bid prices.

Maps for all sites are attached.

1. Definitions

a. Mow – The act of cutting grass or other ground vegetation to a specified height, using a lawnmower or similar mechanical equipment, to maintain an aesthetically pleasing and functional landscape. The frequency, height of the cut, and area to be mowed shall be specified below. Mowing shall include the removal of visible clippings from hard surfaces, walkways, and landscape beds immediately after the mowing process is completed.

b. String Trim - String trimming refers to the precise cutting and removal of grass, weeds, or vegetation along fences, near amenities and hard-to-reach areas, typically using a specialized tool such as a string trimmer, to maintain clean and uniform appearance.

c. Edge - The process of trimming and defining the edges of grassed areas, along sidewalks, driveways, curbs, landscape beds, and other hard surfaces, to maintain a neat and uniform boundary. Edging shall be done using an appropriate mechanical tool, such as a string trimmer or blade edger, and shall be performed in a manner that avoids damage to adjacent surfaces or plant material. All trimmings shall be cleaned up and disposed of after the edging is completed.

CONTRACTOR shall mow, and string trim where necessary, grass areas to approximately one and one-half to two inches (1½” to 2”) in height. Uneven cuts, scalping, and varying heights will be considered unsatisfactory to CITY standards. CONTRACTOR may be penalized up to the full cost of the mowing for failure to comply.

Turf areas shall be mowed, string trimmed and edged at the frequencies detailed below. Frequencies are subject to change as the contract representative sees fit to meet department needs and in addition will be reviewed annually in conjunction with the final budget adopted by the City Mayor and Council

▪ Monthly, October – April

▪ Weekly, May – September

A. All mowing, trimming and edging tasks initiated in parks shall be completed during the same working day. Parks with large turf areas may be split between multiple days; however, any section where mowing is initiated must be completed (mowing, edging, hard surface sweeping, blowing of walks, and planters of grass & debris) during the same working day.

BUSINESS SERVICES DEPARTMENT Page 8 of 41

B. CONTRACTOR shall collect and remove all grass clippings if any remain after mowing.

Disposal of all debris shall be at no extra cost to city.

C. CITY is responsible for trash removal in city parks. All efforts shall be made to remove litter in turf areas before mowing. Mowing of litter is unacceptable. If litter is found in turf areas before mowing, CONTRACTOR shall be responsible for removing this litter prior to the mowing operation.

D. Park turf areas identified and scheduled for mowing per the CONTRACTOR and/or agreed to by the CITY, shall be mowed, maintained, and adhered to per the schedule. If temporary obstacles occur that prohibit the scheduled maintenance, the contractor shall move or eliminate the obstacle, contact the City’s representative, and/or courteously request that the public, residents, or personnel briefly relocate to allow completion of the scheduled mowing or maintenance.

E. The Contract Representative/designee will determine when a portion of any grass area cannot be mowed due to excessive ground moisture, standing water, or irrigation water. The percentage not mowed will be deducted from the per mow cost. The CONTRACTOR must return and mow the saturated areas within two (2) days of it being dried.

F. Contractor shall adhere to industry standards by thoroughly cleaning all mowing equipment, including mowers, between mow sites. This practice is essential to prevent the spread of invasive species, weeds, and diseases, ensuring the health of the landscape across different locations. Failure to comply may result in contract penalties or termination.

G. Initial completion of edging along sidewalks, driveways, curbs, landscape beds, and other hard surfaces to bring all edge lines into compliance shall be completed within the first three (3) months of this contract term.

H. CITY staff may request certain edges, fence lines, trees, and borders to be chemically treated.

Chemical control of grass may be permitted along chain link fences, around signposts, underneath certain play equipment, structures, certain trees, and in sidewalk expansion joints at the discretion of the contract representative.

I. ALL herbicide applications for edging or otherwise must be performed in accordance with the State of Arizona Office of Pest Management’s Rules and Regulations. CONTRACTOR shall be required to maintain proper licensing for the specific pest control to be utilized. CONTRACTOR shall furnish properly certified and trained personnel and equipment for routine grass control and spraying. CONTRACTOR shall document all spraying activities. NO SUB-

CONTRACTORS SHALL BE USED.

J. CONTRACTOR shall be responsible for all chemical and/or other accepted methods of weed control. Any herbicide used shall be considered a management tool and will not be paid for by CITY. CONTRACTOR shall provide a Safety Data Sheet (SDS) to Contract Representative for all chemicals used prior to application. The Contractor MUST receive approval from the City before placement of any chemical material. Line trimmers shall not be used around trees or shrubs unless approved for use by the Contract Representative.

K. If damage to the trees or shrubs is evident, it shall be CONTRACTOR’s responsibility to replace said tree/shrub in kind, with no additional cost to CITY. Damage to the tree/shrub shall

BUSINESS SERVICES DEPARTMENT Page 9 of 41 include but is not limited to any girding or bark removal, a broken trunk, leader, or main branch which disfigures the plant, and/or stunting, or leaf drop.

L. Any special mowing or vacuuming required will be paid for at the price agreed upon by an extra work authorization.

2.0 SPECIAL MOWING REQUIREMENTS

A. Sports Fields

In designated parks, certain sports fields have a MOWING FREQUENCY OF TWICE PER WEEK year-round. Mowing height shall be set at 1” – 1 ½” for the “in- play” area of all designed sports fields unless otherwise directed by the Contract Representative/designee. For soccer fields, this shall be line-to-line;

for baseball, softball fields, flag football fields, and cricket fields, it shall be fence-to-fence or the granite-to-granite area. Spectator areas are not part of the sports field mowing requirements. All clippings and/or debris generated from the mow shall be collected and removed immediately from the site and disposed of in an approved container or at a landfill.

DESIGNATED PARKS and DESIGNATED SPORTS FIELDS

A. Lincoln Park Softball Fields 1- 8

B. Gene C. Reid Park Annex Fields 1, 2, 3, 5

C. Doolen Middle School Soccer Fields

D. Booth Fickett Magnet School Soccer Fields

B. Public Pools

During the months of June and July, turf within designated public pool areas must be completed by 6:45 am.

DESIGNATED POOLS

A. Jacobs Pool

B. Himmel Pool

C. Quincy Douglas Pool

D. Purple Heart Pool

C. Dog Parks

The following dog parks need to be mowed on the days and times listed:

A. Anza Dog Park – Wednesdays between 9:00am - 1:00 pm

B. Christopher Columbus Dog Park – Wednesdays between 9:00am - 1:00 pm

C. Jacobs Dog Park – Mondays Between 9:00am – 1:00pm

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D. North Sixth Avenue Dog Park – Tuesdays Between 9:00am – 1:00pm

E. Wagging Tails Dog Park (Lincoln Park) – Wednesdays between 9:00am – 1:00pm

D. Annual Over-Seeding

CONTRACTOR shall provide pricing to scalp and overseed designated park spaces and sports fields.

Parks that are over-seeded will be closed for a growing-in period for approximately six (6) weeks.

Overseeding is to be scheduled from the Second week of September through October 31st, annually.

CONTRACTOR shall be responsible for mowing this acreage on a weekly basis from November 1st thru April 30th.

DESIGNATED PARK SPACES AND SPORTS FIELDS

A. Abraham Lincoln Park Softball Fields: #’s 1- 8

B. Abraham Lincoln Park COPA Event Space

C. Reid Park Annex Fields: #’s 1, 2, 3, 5

WATER: The CITY furnishes all water for turf and landscape requirements.

ADDITIONS AND DELETIONS: The CITY shall retain the right to delete or add maintenance areas and items to this contract. Charges for areas or items deleted will be dropped from the monthly billing. The CITY may delete an item or area at any time and will prorate charges for services already performed.

Charges for maintenance items or areas added to this contract will be issued via a contract addendum.

Charges for areas added shall be priced comparably to similar areas.

EXTRA WORK: The CITY may request CONTRACTOR to perform work in addition to items specified in the contract including, but not limited to, General landscaping repair and installation, Tree Trimming and Removals, Stump Grinding, Tree Planting, Grounds clean-up, Debris Removal, and Storm Damage Response.

All extra work ordered on the basis that hourly rates would be used shall be compensated per attached “Hourly Rate for Extra Work.” CONTRACTOR shall not perform any extra work until authorization is obtained in writing from the Contract Representative/designee. Any additional work not covered by the hourly rate shall be approved by the Contract Representative/designee prior to commencing work.

CONTRACTOR shall submit a written estimate to the Contract Representative/designee for approval prior to commencing work. Special or “extra” work performed without written authorization from Contract Representative/designee will not be paid. The CONTRACTOR is not guaranteed full or exclusive right to perform extra work that may be required. The City reserves the right to perform the work or obtain quotes or otherwise select the most appropriate CONTRACTOR to perform the work.

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VANDALISM: All cases of vandalism shall be reported to the Contract Representative/designee when discovered and the Contract Representative/designee shall determine the course of action to be taken.

Any vandalism shall be reported within two (2) hours after it is noted, and the vandalism report form is submitted.

QUALITY CONTROL: CONTRACTOR shall establish a complete quality control program to assure the requirements of the contract are completed as specified. One copy of the CONTRACTOR’s quality control program shall be provided to the Contract Representative/designee for approval within ten (10) days after receiving the Notice of Award. The Contract Representative/designee will approve or disapprove the CONTRACTOR's program within ten (10) working days of submittal. CONTRACTOR shall have an approved program before commencing work. The program shall include but not be limited to the following:

A. Weekly Schedule and Performance Reports

B. Performance Requirements Summary Report: This report will provide such information so as to ensure compliance of quality control standards. The CITY will provide the format that the CONTRACTOR should use. CONTRACTOR shall submit Performance Requirement Summary Report on a weekly basis. The weekly reports must be submitted the following Monday morning by 8 am. Failure to send the reports will result in service cost deductions.

C. CONTRACTOR shall be required to provide a schedule for weekly maintenance of all areas, specifying when each area will be maintained and no changes to the schedule shall be made without prior approval of the Contract Representative/designee.

D. The CITY will provide the CONTRACTOR with schedules for, special events, construction, or other activities that may interfere with their standard mowing timetables. The CONTRACTOR shall take into consideration all CITY event programs and make the appropriate modifications to their weekly mowing schedules as required.

QUALITY ASSURANCE: The Contract Representative/designee will monitor the CONTRACTOR's performance by random sampling to ensure compliance with the requirements of the Agreement. In the event a deficiency exists, the CONTRACTOR shall be required to explain in writing why performance was unacceptable, how performance will be returned to acceptable levels, and how the reoccurrence of the problem will be prevented in the future. CONTRACTOR will not be paid for services not rendered in accordance with the standards set forth in this contract, notwithstanding that CONTRACTOR is required to rework services that were unsatisfactorily performed.

LIQUIDATED DAMAGES / PERFORMANCE GUARANTEES: The CITY’s expectation is that landscape, turf, and grounds maintenance performed by CONTRACTOR will result in the park landscape areas looking well-groomed and clean at all times. If tasks are omitted or not completed to the satisfaction of the Contract Representative/designee, public safety as well as the appearance of the CITY Parks and landscape areas are compromised. Once the issue has been corrected by the CONTRACTOR, an email and a picture must be sent to the Contract Representative/designee.

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CONTRACTOR and CITY agree upon the following schedule of liquidated damages to be deducted from any monies due or to become due to CONTRACTOR under this contract. These sums are fixed and agreed upon, not as a penalty, but because the parties mutually agree that the actual loss to the CITY and to the public caused by the omission of work or substandard performance is impractical and extremely difficult to ascertain.

SITUATION DEDUCT AMOUNT

A. Failure to correct deficiencies within the allowed time.

B. Failure to start “extra work” within the allowed time or on the day agreed, or withdrawing from the job prior to completion.

C. Failure to start and satisfactorily complete routine work within the scheduling requirements.

D. Failure to submit weekly reports, schedules and/or work plans within the allotted day/time required.

E. Failure to wear a uniform bearing CONTRACTOR’s name and/or bear individual photo ID.

$50 per site per day

HOLIDAYS: The following is a list of holidays on which service will not be performed:

A. New Year's Day – January 1

B. Memorial Day – Last Monday in May

C. Independence Day – July 4

D. Labor Day – First Monday in September

E. Veteran's Day – November 11

F. Thanksgiving Holiday – Fourth Thursday in November

G. Christmas Eve, December 24th After 12:00 Noon.

H. Christmas Day – December 25

When a holiday named herein falls on Sunday, it shall be observed on the following Monday, and when a holiday named herein falls on Saturday, it shall be observed on the preceding Friday.

During the week of a holiday, the CONTRACTOR shall adjust their weekly schedule so as to return to the normal weekly schedule the following week. This information is for reference only as a reminder that the work still needs to be completed during the holiday week. CONTRACTOR may work on City holidays at his or her own discretion. However, all mowing shall be completed during the holiday week.

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CONTRACTOR / CITY COMMUNICATIONS:

1. Local Office: Throughout the period of this contract, CONTRACTOR shall establish and maintain a local office and an authorized managing agent who can be contacted during normal business hours. An answering machine and a mobile telephone will fulfill the requirement for a local office. CONTRACTOR shall have a telephone number for contact, Monday through Friday, 6:00 am to 5:00 pm. CONTRACTOR’s local managing agent shall serve as the point of contact for dealing and communicating with the CITY. CONTRACTOR shall return calls made by CITY within 2 hours.

2. Field Supervisor: CONTRACTOR shall furnish one qualified field supervisor or Account Manager that speaks, reads, and writes English fluently and is available during working hours to address problems, field inspections, perform drive-throughs, and for other coordination with the Contract Representative/designee. CONTRACTOR’S FIELD SUPERVISOR SHALL SUPERVISE ONLY ONE CONTRACT AT A TIME unless approved by Contract Representative/designee. THIS PERSON SHALL NOT HAVE ANY ADDITIONAL LABOR DUTIES OTHER THAN INCIDENTALS. For example, the Field Supervisor shall not also function as a crew leader or foreman and shall have separate transportation to be able to move independently between situations.

CONTRACTOR shall provide a mobile radio or cellular phone to the CONTRACTOR's field supervisors and/or foremen to enhance communications between the CONTRACTOR's field representative and their crews. At a minimum, all crews should be equipped with radios. If a cellular telephone is used, CONTRACTOR shall be responsible for payment of all charges relating to its use. All communication equipment shall be always kept on during business hours and in proper working condition. The CONTRACTOR shall require or provide a cellular phone for their field supervisors and/or crew foremen to maintain reliable and prompt communication with the CITY and/or the Contract Representative/designee.

3. Communication Skills: It is important that at least one crew member on each work crew be sufficiently proficient in the English language to receive/transmit instructions, interpret all chemical and warning labels, and otherwise communicate with the Contract Representative/designee.

4. Key Personnel: It is essential that CONTRACTOR provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this Agreement. CONTRACTOR shall agree to assign specific individuals to the key positions.

CONTRACTOR agrees that, once assigned to work under this Agreement, key personnel shall not be removed or replaced without written notice to the Contract Representative/designee.

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If key personnel are not available for work under this Agreement for a continuous period exceeding fourteen (14) calendar days or are expected to devote substantially less effort to the work than initially anticipated, CONTRACTOR shall immediately notify the Contract Representative/designee, and shall, subject to the concurrence of the Contract Representative/designee, replace each personnel with personnel of substantially equal ability and qualifications.

CONTRACTOR'S PERSONNEL:

List of Employees: CONTRACTOR shall provide a list of personnel who will be assigned to this contract, the number of crews to be provided, and a preliminary mow schedule with the submittal. This shall serve as evidence of the CONTRACTOR’s ability to furnish the proper personnel.

CONTRACTOR shall supply the Contract Representative/designee with a current list of employees assigned to CITY contracts. The list must include full names, driver’s license number with the expiration date, job title, and where applicable, certified pesticide applicator’s license number and expiration date or any other pertinent or required certification or registration. The list shall be kept current. All company officers and employees working on this Agreement must be listed.

Identification: CONTRACTOR's employees shall be required to wear a clean uniform bearing the CONTRACTOR's name. All employees who normally and regularly come into direct contact with the public shall bear some means of individual identification, such as a nametag or identification card.

Conduct: CONTRACTOR’s employees, officers, and subcontractors shall not identify themselves as being employees of the City of Tucson. Employees shall conduct themselves in such a manner as to avoid embarrassment to the CITY and shall be courteous to the public, residents, and CITY personnel.

C. CONTRACTOR'S EQUIPMENT:

A. Vehicles and Equipment: CONTRACTOR shall provide and maintain during the entire period of this Agreement, equipment sufficient in number, condition, and capacity to efficiently perform the work and render the services required by this Agreement. All lawn and grass mower blades must be sufficiently sharp to provide a clean and even cut. CONTRACTOR shall furnish the Contract Representative/designee with a list identifying all equipment to be used in fulfilling this Agreement and notify the Contract Representative/designee of any additions or deletions. Any changes in CONTRACTOR's equipment from the proposed equipment must have prior approval of the Contract Representative/designee. CONTRACTOR shall provide evidence of his ability to furnish the proper equipment.

All vehicles must be maintained in good repair, appearance, and sanitary condition at all times. The City reserves the right to inspect CONTRACTOR's vehicles at any time to ascertain said condition.

B. Equipment Identification: All vehicles used by the CONTRACTOR must be clearly identified with the name of the company and the phone number of the local office on each side of the

BUSINESS SERVICES DEPARTMENT Page 15 of 41 equipment, including personnel transportation vehicles. The letters shall be of such size that they are distinguishable from a reasonable distance.

C. CONDITION OF MAINTENANCE AREAS AT BEGINNING OF CONTRACT:

Upon receiving official notification of approval, CONTRACTOR shall inspect the area for identification of pre-existing conditions that would prevent or adversely affect the completion of any normal specific deficiencies found at each area and submit the list to the Contract Representative/designee for review before a Notice or Proceed and/or Purchase Order will be issued. The Contract Representative/designee will evaluate each problem listed to determine if extra compensation is warranted for repair work prior to starting routine maintenance. The CITY may authorize the CONTRACTOR to make extra cost repairs or may determine that the items listed represent normal conditions that might be expected at any time during the term of the Agreement.

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

C. CONDITION OF MAINTENANCE AREAS AT END OF TERM:

Four weeks prior to this Agreement being terminated, the CITY and CONTRACTOR (if desired) will make a final inspection to determine the condition of all maintenance areas. Items found to be improperly maintained by the outgoing CONTRACTOR will be listed and evaluated by the Contract Representative/designee. Should correcting action not be taken by CONTRACTOR, the Contract Representative/designee will arrange for repairs to be made and the costs for making repairs to the areas will be deducted from final payments to the outgoing CONTRACTOR. The same will apply even if the outgoing CONTRACTOR has been awarded a new Agreement for the same areas.

C. SCHEDULE OF PAYMENTS:

CONTRACTOR shall provide invoices reflecting work completed. Payment will be made monthly based on invoices submitted or as agreed in Agreement. CONTRACTOR shall indicate on the invoices the location or areas the charge has been applied to.

C. WEATHER SUSPENSION OF WORK.

In the event of inclement weather, CONTRACTOR must obtain written approval from the Contract Representative/designee prior to performing any work. The CITY reserves the right to suspend any or all work due to poor weather conditions or other extreme conditions. The CITY also reserves the right to authorize the delayed work to be performed at a later date or the Contract Representative/designee may deem it more appropriate to omit the delayed work and resume the normal schedule.

CONTRACTOR shall not perform any suspended work without written authorization from the Contract Representative/designee. The CONTRACTOR shall strictly adhere to the Arizona Department of Environment Quality (ADEQ) and Pima County air quality standards and measures.

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D. INSTRUCTIONS TO OFFERORS

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

For purposes of this solicitation and any subsequent contract, the following terms have the meanings set forth below:

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 solicitation and any Addenda to the solicitation, all the Special Terms and Conditions and Standard Terms and Conditions, and all the terms of the Offer 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 addenda thereto on behalf of the City.

May: Indicates something that is not mandatory but permissible.

May not:The indicated party is prohibited from taking the action.

Must: The action or condition is required.

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 an Offer in response to this solicitation.

Successful Offeror: An Offeror who received a Notice of Award or a Notice of Intent to Award from the City.

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

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

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Officer may respond by email or may, if they deem it appropriate, address the question in a solicitation addendum or response through the question and answer portal in the online bidding system. Offeror may not rely on oral interpretations or clarifications about the solicitation; only questions answered in an email by the Contract Officer, posted through the online bidding system, or posted as a formal solicitation addendum 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 https://procurement.opengov.com/portal/tucson-az and follow the City of Tucson will receive email notifications of solicitation addenda.

D.5. UNDERSTANDING SCOPE OF WORK

Before submitting an Offer 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 OFFER

A. Form and Organization. If Offer forms are included in this Solicitation, Offeror’s Submittal must be on those forms. 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. Offer Contents. Offeror’s submittal must contain responses to all sections of this solicitation, any Offer forms provided must be completed and any requested supporting documentation must be 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.

https://procurement.opengov.com/portal/tucson-az

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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, but is not exempt from any other taxes, including state and local sales and excise taxes.

D.9. EXCEPTIONS TO CONTRACT PROVISIONS

By submitting an offer 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 Offer, 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.10. 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.

D.11. 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 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.

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If the City, after award notification, receives a public-records request the scope of which includes a document submitted by Offeror and marked "CONFIDENTIAL", the Contract Officer will make a written determination regarding whether the document will be provided to the requestor. If the Contract Officer determines that the document should be released, 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 documents, the City may release the documents without any liability to Offeror.

D.12. WHEN AND HOW TO SUBMIT OFFERS

In order to be considered, Offeror must, no later than the Offer Submittal Deadline, submit its Offer electronically through the City’s online bidding system:

https://procurement.opengov.com/portal/tucson-az

NOTE: THE ENTIRE OFFER 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 OFFER SUBMITTAL

DEADLINE WILL NOT BE CONSIDERED.

D.13. CERTIFICATION OF NONCOLLUSION; CONFLICTS OF INTEREST

Offeror will not communicate, orally or in writing, with any member of the Mayor and Council, or with any City staff outside the Procurement Division of the Business Services Department, regarding this Solicitation. By submitting an Offer, 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 employee of the City involved in this Solicitation process, or any family member of such an employee, has any substantial financial interest in Offeror’s firm. No member of the City of Tucson Mayor and Council who has, or whose family member has, any substantial financial interest in Offeror’s firm will participate in any action taken by the Mayor and Council with respect to this Contract. The terms “relative” and “substantial interest” have the meanings assigned in A.R.S. § 38-502

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

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D.14. WITHDRAWAL OF OFFER; BINDING OFFER

By submitting an Offer in response to this Solicitation, Offeror is offering to enter into the Contract with the City. Offeror may withdraw a submitted Offer at any time prior to the Offer Submittal Deadline.

Telephonic or oral withdrawals are not effective.

Offeror cannot withdraw an Offer that is in “submitted” status as of the Offer Submittal Deadline unless the Director of the Business Services Department consents in writing to the withdrawal. The Offer will be irrevocable for 90 days after the Offer Submittal Deadline.

D.15. DISCUSSIONS

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.16. 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 https://procurement.opengov.com/portal/tucson-az

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. For questions contact the City's Business License Section at

(520) 791-4566 or email at license@tucsonaz.gov mailto:license@tucsonaz.gov

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E. OFFER EVALUATION AND CONTRACT AWARD

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

A. Firm and Staff Qualifications

B. Compliance with Specifications

C. References

D. Price Proposal

E.2. 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. The City will not reimburse the Offeror for any costs Offeror incurs during its participation in the interview process.

E.3. ADDITIONAL INVESTIGATIONS

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

E.4. OTHER INFORMATION

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

E.5. PRICE

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 the pricing component of each Offer.

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 pricing.

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.6. CITY’S RIGHT TO WAIVE DEFECTS OR REJECT OFFERS

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

A. Waive any immaterial defect or informality; or

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

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C. Reissue the solicitation.

E.7. 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.8. 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 ten (10) 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.9. MULTIPLE AWARDS

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

E.10. 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 https://procurement.opengov.com/portalucson-az/contracts

E.11. 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.