CITY OF TUCSON

INVITATION FOR BID

260254

ROOFING SUPPLIES

Due Date: Friday, August 7, 2026

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/280120

PUBLISH DATE: July 8, 2026 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 INVITATION FOR BID NO. 260254

BUSINESS SERVICES DEPARTMENT Page 2 of 37 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Lucy Lucero

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 791-5900

Attachments:

A - Offer and Acceptance Page

BUSINESS SERVICES DEPARTMENT Page 3 of 37

A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF INVITATION FOR BID NO 260254

TITLE: Roofing Supplies

SUBMITTAL DUE DATE: Friday, August 7, 2026 AT 2:00 P.M. LOCAL AZ TIME

PRE-SUBMITTAL MEETING DATE: Wednesday, July 15, 2026

TIME: 9:30 am LOCAL AZ TIME

LOCATION: MICROSOFT TEAMS VIRTUAL MEETING

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/2449113467982?p=XgzzdD1HlLP5ifa1EE Meeting ID: 244 911 346 798 2

Passcode: Yf6f65U6

Need help? | System reference Dial in by phone +1 213-293-2303,,709563358# United States, Los Angeles Find a local number Phone conference ID: 709 563 358#

QUESTIONS SHALL BE DIRECTED TO: Lucy Lucero

(520) 791-5900 lucy.lucero@tucsonaz.gov

Posted Date: Wednesday, July 8, 2026

Competitive sealed submittals for the material or service specified in this solicitation must be submitted through the City’s online bidding system. No late submittals will be accepted. Reponses submitted in physical form or by facsimile or email will not be considered. Offerors are cautioned to commence the submittal process sufficiently ahead of time to allow for unanticipated delays resulting from things like a slow internet connection, internet outage, difficulty uploading large documents, differing system requirements, etc.

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

https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzIzYmViMDEtMjM1ZC00MmViLWE0NDEtODQ0Y2U1ZjU2YTEy%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22515dd020-9697-4f29-8db6-8bde6619c72c%22%7d https://teams.microsoft.com/meet/2449113467982?p=XgzzdD1HlLP5ifa1EE https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzIzYmViMDEtMjM1ZC00MmViLWE0NDEtODQ0Y2U1ZjU2YTEy%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22515dd020-9697-4f29-8db6-8bde6619c72c%22%7d tel:+12132932303,,709563358 https://dialin.teams.cloud.microsoft/2c60b41f-ade1-4bcb-8fa6-36d6e327015e?id=709563358

BUSINESS SERVICES DEPARTMENT Page 4 of 37

B. INTRODUCTION

B.1. Summary

The City requires an extensive and comprehensive catalog of parts and supplies from everyday stocked items to special order items. The City has unique needs, and the amount and types of items purchased under this contract will be at their sole discretion.

Please see the Price Page for a representative group of sample items. This is by no means a comprehensive list.

B.2. Background

This Contract will be for the General Services Department (GSD), Logistics Team. The following list of supplies required to meet the City’s needs are not all-inclusive, but only represent the breadth of supplies required to meet operational needs.

B.3. Contact Information

Lucy Lucero Secretary Email: lucy.lucero@tucsonaz.gov Phone: (520) 791-5900 Department:

General Services mailto:lucy.lucero@tucsonaz.gov tel:(520)791-5900

BUSINESS SERVICES DEPARTMENT Page 5 of 37

C. SCOPE OF WORK

C.1. A. GENERAL REQUIREMENTS

A. STOCKING REQUIREMENT

1. To ensure timely availability of materials covered under this solicitation, the contract shall maintain an inventory of the goods specified herein.

2. Each facility shall maintain adequate stock levels of roofing materials to support ongoing City requirements

3. The City reserves the right to verify that sufficient inventory is maintained to meet contract requirements.

B. INVENTORY:

1. The City of Tucson has an ongoing requirement for the material identified in this solicitation.

2. It is an express condition of any award that the contractor shall maintain a reasonable stock on hand for roofing repairs.

3. Failure to maintain such a stock may result in remedies, including cancellation of the contract.

C. ESTIMATED ANNUAL QUANTITIES:

1. The estimated quantities of roofing materials listed on the Price Page are estimates only and the City reserves the right to increase or decrease amounts as circumstances may require.

D. INVOICES:

1. The purchase order number and work order number shall be included on all invoices and related documents.

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

a. No payment shall be issued prior to receipt of material or service and a complete and correct invoice.

EGSD-Payables@tucsonaz.gov P.O. Box 27210 Tucson, AZ 85726-7210

3. The City shall make every effort to process payment for the purchase of materials or services with twenty-one (21) calendar days after receipt of materials or services and a correct invoice.

E. USAGE REPORT:

1. Upon request, the Contractor shall provide an electronic copy of a usage report to the Business Services Department and/or the designated contract representative.

2. At a minimum, the report shall be sent after eleven (11) months of the Contract term to the designated contract representative, upon request.

a. The report shall provide complete information on the items purchased under this Contract.

mailto:EGSD-Payables@tucsonaz.gov

BUSINESS SERVICES DEPARTMENT Page 6 of 37

b. At a minimum for each item sold, the report should list:

i. Manufacturer name

ii. Model number

iii. Part number

iv. Item description

v. Quantity purchased

vi. Total spend

F. WARRANTY:

1. All goods furnished under this Contract shall be new, unused, and free from defects in material and workmanship for a minimum of one (1) year from the date of delivery.

2. Warranty shall also guarantee accepted trade standards of quality, fitness for the intended uses, and conformance to promises or specified specifications.

3. No other express or implied warranty shall eliminate the vendor’s liability as stated herein.

C.2. PRODUCT REQUIREMENTS

A. CURRENT PRODUCTS:

1. All products being offered in response to this solicitation shall include, but not be limited to:

a. being in current and ongoing production;

b. shall be formally announced for general marketing purposes;

c. shall be a model or type currently functioning in a user (paying customer) environment, and

d. capable of meeting or exceeding all specifications and requirements set forth in this solicitation.

B. DEFECTIVE PRODUCT:

1. All defective products shall be replaced and exchanged by the Contractor.

2. The Contractor shall bear all costs associated with transportation and handling of the goods, including but not limited to unpacking, inspection, repacking, reshipping, and any similar expenses to the discretion of the City's designated contract representative.

3. All replacement products must be received by the City within seven (7) days of initial notification.

C. PRODUCT CATEGORY:

1. The Contractor shall include a comprehensive range of OEM and aftermarket roofing materials, parts, and supplies intended for maintenance, repair, and operational use by the City.

D. MANUFACTURER’S:

1. Offerors shall provide a list of manufacturers whose goods are available under the Contract. The list shall identify:

a. Regularly stocked manufactures,

b. Special order manufacturers.

BUSINESS SERVICES DEPARTMENT Page 7 of 37

E. MANUFACTURER'S REPRESENTATIVE:

1. Vendors who submit an offer as a manufacturer's representative must supplement the offer with a letter from each manufacturer involved.

a. The letter shall certify:

i. that the vendor is authorized to provide the specific equipment presented,

ii. that the vendor is authorized to submit an offer on such equipment, and

iii. guarantees that, should the vendor fail to fulfill any obligations established as a result of a Contract award, the manufacturer, upon assignment by the City, will either assume such obligations or provide an alternate authorized vendor for the balance of the Contract period.

b. All other terms and conditions of the Contract shall remain the same.

F. EQUIPMENT/RECALL NOTICES:

1. In the event of any recall notice, technical service bulletin, or other important notification affecting equipment purchased from this contract, a notice shall be sent to the designated City Contract Representative.

2. It shall be the responsibility of the contractors to assure that all recall notices are sent directly to the agency's Contract Representative.

C.3. PRODUCT SUPPORT REQUIREMENTS

A. DELIVERY OF GOODS

1. All goods purchased under this Contract shall be delivered F.O.B. Destination to City of Tucson designated delivery locations unless otherwise specified on the purchase order.

2. Title and risk of loss shall pass to the City upon acceptance of delivered goods.

B. DELIVERY TIMEFRAME

1. Delivery shall be completed within not after seven (7) days after receipt of the purchase order.

2. If no delivery timeframe is specified, delivery shall occur within the Contractor’s standard lead time as stated in the bid response.

C. INSPECTION AND ACCEPTANCE

1. All delivered goods are subject to inspection by the City upon receipt.

a. The City reserves the right to reject any goods that do not conform to Contract specifications, are damaged, or are otherwise noncompliant.

2. Rejected goods shall be replaced in accordance with Contract warranty provisions.

BUSINESS SERVICES DEPARTMENT Page 8 of 37

D. INSTRUCTION TO OFFERORS

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

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

City: The City of Tucson, Arizona.

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

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

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

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.

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

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

Must: The action or condition is required.

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

D.2. PRE-SUBMITTAL MEETING

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

D.3. INQUIRIES

Any questions about this solicitation or the proposed Contract must be presented at the Pre-Submittal Meeting, if there is one (see above), or submitted in writing, via email, or through the online bidding system, to the Contract Officer by the Question Submission Deadline. The email must refer to the solicitation number and the paragraph number of the provision that the question concerns. The Contract Officer may respond by email or may, if they deem it appropriate, address the question in a solicitation Addendum. Offeror may not rely on oral interpretations or clarifications about the solicitation; only questions answered in an email by the Contract Officer or posted as a formal solicitation Addendum will be binding.

BUSINESS SERVICES DEPARTMENT Page 9 of 37

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 website and follow the City of Tucson will receive email notifications of solicitation addenda.

D.5. UNDERSTANDING SCOPE OF WORK

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

D.6. PREPARATION OF SUBMITTAL

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

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

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

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

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

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

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

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.

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

BUSINESS SERVICES DEPARTMENT Page 10 of 37

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

D.7. PAYMENT DISCOUNTS

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

D.8. TAXES

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

D.9. BID/SUBMITTAL FORMAT

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

D.10. 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 proposal, offer, specification, protest or correspondence contains information that is confidential and subject to being withheld from disclosure in the event that the City receives a public records request to which the record is responsive, Offeror must, when the record is submitted, provide the Contract Officer written notification of that fact. The records or portions of records that Offeror wishes to be treated as confidential must also be clearly marked “CONFIDENTIAL” on their face. Pricing will not be treated as confidential.

If the City, after award notification, receives a public-records request to which a Contractor record marked “CONFIDENTIAL” is responsive, City will notify Offeror in writing. Unless Offeror, within 10 days after the date of that notice, obtains and provides to City an order from a court of competent

BUSINESS SERVICES DEPARTMENT Page 11 of 37 jurisdiction prohibiting the City from releasing the records, the City may release the records without any liability to Offeror.

D.12. CERTIFICATION OF NONCOLLUSION; CONFLICTS OF INTEREST

By submitting a response, Offeror warrants that:

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

B. Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, meal or service to a public servant in connection with this solicitation.

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

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

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

D.13. WHEN AND HOW TO SUBMIT BIDS

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.14. OFFER AND ACCEPTANCE PERIOD

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

D.15. WITHDRAWAL OF SUBMITTAL; BINDING OFFER

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

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

BUSINESS SERVICES DEPARTMENT Page 12 of 37

D.16. DISCUSSIONS/CLARIFICATIONS

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

D.17. TAX OFFSET POLICY

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

D.18. 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 by clicking on Vendors, Registration for Purchase Orders and Registration for Notification of Solicitations. Please note that email notifications of newly published solicitations and addenda will be provided to those vendors that select email as their preferred delivery method in their vendor record.

B. Obtain a City of Tucson Business License or a written determination from the City's Business License Section that a license is not required. For questions contact the City's Business License Section at (520) 791-4566 or email at license@tucsonaz.gov

D.19. UPON NOTICE OF INTENT TO AWARD

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

D.20. AWARD OF CONTRACT

A. Unless otherwise provided within the IFB, 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.

The City may make positional awards; if positional awards are made, post award modifications to award position may be considered based upon price increases during the term of the contract.

B. Notwithstanding any other provision of the Invitation for Bid, the City reserves the right to:

1. waive any immaterial defect or informality; or

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

3. reissue an Invitation for Bid.

C. A response to the Invitation for Bid is an offer to contract with the City based upon the terms, conditions, and Specifications contained in the City’s Invitation for Bid. Bids do not become Contracts unless and until they are executed by the City’s Director of Business Services and City Attorney. A Contract has its inception in the award, eliminating a formal signing of a mailto:license@tucsonaz.gov

BUSINESS SERVICES DEPARTMENT Page 13 of 37 separate Contract. All of the terms and conditions of the Contract are contained in the Invitation for Bid, unless any of the terms and conditions are modified by an IFB Amendment, a Contract Amendment, or by mutually agreed terms and conditions in the Contract documents.

D.21. BID RESULTS

The name(s) of the successful offeror(s) will be posted on the Procurement Department’s Internet site at https://procurement.opengov.com/portal/tucson-az upon issuance of a Notice of Intent to Award or upon final contract execution.

D.22. PROTESTS

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

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

B. The signature of the protestant or its representative;

C. Identification of the Request for Proposal or Contract number;

D. A detailed statement of the legal and factual grounds of protest including copies of relevant documents; and

E. The form of relief requested.

BUSINESS SERVICES DEPARTMENT Page 14 of 37

E. PRICING PROPOSAL

Line Item Description Quantity Unit of Measure

Unit Cost Total

1 Liquid Sealer (Poly 1 C) 1 Each

2 39 in. Fiberglass Membrane 1 Each

3 Roller sticks, covers, frames 1 Each

4 Synthetic Base Sheet 1 Each

5 Silicone Coating 1 Each

6 Silicone Flashing Compound 1 Each

7 Skylights 1 Each

8 Hand tools - Push Brooms 1 Each

9 Hand tools - Brush Trials 1 Each

10 Hand tools - Utility Knives, Blades 1 Each

11 Fall Protection - Harness 1 Each

12 Fall Protection - Ropes 1 Each

13 Fall Protection - Temporary Anchor Points

1 Each

14 Primers (Varirty) 1 Each

15 Elastomeric Roof Coating - APOC 247, Polyglass 33CA - 5 Gallons

1 Each

16 Roof and Flashing Sealant - APOC 264, Polyglass 39 - 5 Gallons

1 Each

17 Polyester Rolls - 4" x 300' 1 Each

18 Roof Repair Tape - 4"x50' - White 1 Each

19 Asphalt Roof Emulsion - APOC 300

- 5 Gallon

1 Each

20 Asphalt Shingles of Various Sizes, Types, Brands - O.C. Oakridge

1 Each

21 Roofing Nails - Coil Nail 1.25" 1 Each

22 Peel and Stick Cap and Base - Polyglass Cap Shut 1 Sq.

1 Each

BUSINESS SERVICES DEPARTMENT Page 15 of 37

Line Item Description Quantity Unit of Measure

Unit Cost Total

23 Peel and Stick Cap and Base - Polyglass Base Shut 2 Sq.

1 Each

24 Asphaslt Paper - 15# Felt 4Sq. 1 Each

25 Roof Turbines - 12" Turbine 1 Each

26 Ridge Venting - Onni Roll 20' 1 Each

27 Roof Jacks - 3-1 Vent 1 Each

28 Flashing - Verde Cone Flashing 1.5"

1 Each

29 Drip Edge - Verde 2x2 Drip Edge 1 Each

30 Roof Tiles of Different Types - Boneyard Tile

1 Each

31 Roofing Cement - #100 1 Each

32 Caulking of Different Types - Sealant

1 Each

TOTAL

BUSINESS SERVICES DEPARTMENT Page 16 of 37

F. SPECIAL TERMS AND CONDITIONS

F.1. ADDITIONAL PURCHASE

The City of Tucson reserves the right to purchase additional equipment under the same terms and conditions of this contract within the next twelve months, if funds permit.

F.2. BRAND OR TRADE NAMES

Any manufacturer's names, trade names, brand names or catalog numbers used in the solicitation are for the purpose of describing and/or establishing the quality, design and performance required. Any such reference is not intended to limit or restrict any bid/offer by any vendor, but is only listed in order to advise potential bidders/offerors of the requirements of the City. Any bid/offer which proposes like quality, design or performance will be considered.

F.3. CATALOGS

Contractor shall provide, at no cost, copies of catalogs and/or price lists to using agencies in hard copy or electronic files, as requested.

F.4. CONFLICTS OF INTEREST

An Offeror responding to this solicitation acknowledges that, to the best of its knowledge, information and belief, no person has been employed or retained to solicit or secure a Contract that may be awarded pursuant to this solicitation upon a promise of a commission, percentage, brokerage, or contingent fee, and that no member of the City of Tucson Mayor and Council or any employee of the City has any financial interest in Offeror’s firm. In addition, all communications regarding this solicitation shall be directed to the Business Services Department. Interested Offerors shall refrain from engaging in any communication (written or verbal) regarding this solicitation or the matters involving this solicitation or TCC operations with any other City staff, Mayor & Council or staff of Mayor & Council.

The City reserves the right to disqualify an Offeror from further participation in the solicitation process in the event the City determines that Offeror has an actual or apparent conflict of interest with the purposes of this solicitation, or has violated this Conflict of Interest.

Upon a finding by the City that gratuities in the form of entertainment, gifts or inducements were offered or given by Offeror, or any agent or representative of Offeror, to any officer or employee of the City, including the Mayor and Council and their staff, for the purpose of securing a Contract that may be awarded pursuant to this solicitation, or securing favorable treatment with respect to the awarding, amending, or making of any determination with respect to the performance of a Contract that may be awarded under this solicitation, the City, may, by one (1) calendar day provide written notice to Offeror, terminate the right of Offeror to proceed under this solicitation; provided that the existence of the facts upon which the City made such finding shall be an issue and may be litigated in an Arizona court of competent jurisdiction.

BUSINESS SERVICES DEPARTMENT Page 17 of 37

F.5. COOPERATIVE PURCHASING

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

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

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

F.6. CURRENT PRODUCTS

All products being offered in response to this solicitation shall be in current and ongoing production, shall be formally announced for general marketing purposes, shall be a model or type currently functioning in a user environment and capable of meeting or exceeding all specifications and requirements set forth in this solicitation.

F.7. DEFECTIVE PRODUCT

All defective products shall be replaced and exchanged by the Contractor. The cost of transportation, unpacking, inspection, re-packing, re-shipping or other like expenses shall be paid by the Contractor.

All replacement products must be received by the City within seven (7) days of initial notification.

F.8. DESCRIPTIVE LITERATURE

All bids/offers must include complete manufacturers' descriptive literature regarding the product they propose to furnish. Literature shall have sufficient detail in order to allow a complete evaluation of the bid/offer submitted. Failure to include this information may result in the bid/offer being rejected.

F.9. ENERGY STAR COMPLIANT

All products purchased by, or on behalf of, the City of Tucson shall be Energy Star compliant, when available. The Energy Star standard is available at www.energystar.gov. Potential energy star compliant products must have proof of meeting the Energy Star standard, to include but not limited to, having the Energy Star label on the delivered product. Proof consists of one of the following levels of verification listed in order from least to most valued; self-certification with random audits, independent third-party certification or independent third-party certification with onsite and random audits.

http://www.tucsonprocurement.com/coop_partners.aspx http://www.mesaaz.gov/home/showdocument?id=23638

BUSINESS SERVICES DEPARTMENT Page 18 of 37

F.10. EQUIPMENT AND RECALL NOTICES

In the event of any recall notice, technical service bulletin, or other important notification affecting equipment purchased from this contract, a notice shall be sent to the Contract Representative(s). It shall be the responsibility of the contractors to ensure that all recall notices are sent directly to the Contract Representative(s).

F.11. ESTIMATED QUANTITIES

The quantities shown are estimates only and the City reserves the right to increase or decrease amounts as circumstances may require.

F.12. FOB DESTINATION FREIGHT PREPAID

Prices shall be FOB Destination Freight Prepaid to the delivery location designated. Contractor shall retain title and control of all goods until they are delivered and the Contract of coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the Contractor.

All claims for visible or concealed damage shall be filed by the Contractor. The City will assist the Contractor in arranging for inspection.

F.13. HAZARDOUS MATERIAL ALTERNATIVES

The City will consider alternatives for products containing hazardous materials as defined in OSHA Hazard Communications Regulations. Bidders/Offerors are encouraged to submit alternate products that meet the intent of the specifications and do not contain hazardous ingredients.

F.14. LIVING WAGE REQUIREMENTS

Contractor will comply with all applicable provisions of the City’s Living Wage Ordinance (Article XIV of the Tucson Procurement Code). Contractor will, upon request, affirm in writing that Contractor is in compliance and will provide City with information and documentation demonstrating that compliance.

The City’s Living Wage ordinance can be found at the following link:

https://codelibrary.amlegal.com/codes/tucson/latest/tucson_az/0-0-0-21930 The Living Wage rates for the current calendar year can be found at the following link: https://www.tucsonaz.gov/Departments/Business-Services-Department/Procurement/Living- Wage

F.15. MULTIPLE AWARDS

To provide adequate Contract coverage, multiple awards may be made.

F.16. PRICE ADJUSTMENT

The City will review fully documented requests for price adjustment after any Contract has been in effect for one (1) year. Any price adjustment will only be made at the time of Contract renewal and/or extension and will be a factor in the extension review process. The City will determine whether the https://codelibrary.amlegal.com/codes/tucson/latest/tucson_az/0-0-0-21930 https://www.tucsonaz.gov/Departments/Business-Services-Department/Procurement/Living-Wage https://www.tucsonaz.gov/Departments/Business-Services-Department/Procurement/Living-Wage

BUSINESS SERVICES DEPARTMENT Page 19 of 37 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.

F.17. SAFETY STANDARDS

The Bidder/Offeror shall certify that the equipment being bid/offered is designed and includes operating features that comply with the safety standard promulgated under the Federal Occupational Safety and Health Act (OSHA). If the equipment being bid/offered is governed by OSHA regulations the successful Bidder/Offeror is required to submit a certificate stating that such equipment complies with applicable OSHA standards.

During the term of this Contract, should there be modifications in federal and/or state laws and regulations regarding safety standards or other specifications and marketing procedures for the contracted item(s), the City of Tucson reserves the right to amend the Contract to provide for the delivery of items which conform to such changes. As a result, the City will negotiate any necessary price changes with the Contractor. Should negotiations fail the City may cancel the Contract for the affected items.

F.18. SAMPLES AND DEMONSTRATIONS

Samples or demonstrations may be requested if an item bid/offered is other than specified. If samples should be requested, unless otherwise authorized, such samples must be received by the City no later than five (5) days after a formal request is made. When required, the City may request full demonstration of any item(s) bid/offered prior to the award of any Contract.

Samples shall be an exact and true representative sample of the actual material bid/offered. Each sample shall be properly tagged or labeled with the name of the Bidder/Offeror and manufacturer, the due date, and the solicitation number. Samples shall be provided at no additional costs to the City.

Samples not used for tests will be returned to the Bidder/Offeror.

Furthermore, after award, the City reserves the right to secure additional samples from the actual material supplied. In the event the samples fail to conform with the Contract requirements, the Contractor shall immediately replace the portion of the delivered commodity with acceptable material conforming to the Contract requirements at no cost to the City.

F.19. SUBSTITUTE ITEMS

In the event that a product or model provided under the contract is discontinued by the manufacturer, the City at its sole discretion may allow the Contractor to provide a substitute for the discontinued item.

The Contractor shall request permission to substitute a new product or model and provide the following:

• A formal announcement from the manufacturer that the product or model has been discontinued.

• Documentation from the manufacturer that names the replacement product or model.

• Documentation that provides clear and convincing evidence that the replacement meets or exceeds all specifications required by the original solicitation.

BUSINESS SERVICES DEPARTMENT Page 20 of 37

• Documentation that provides clear and convincing evidence that the replacement will be compatible with all the functions or uses of the discontinued product or model.

• Documentation confirming that the price for the replacement is the same as or less than the discontinued model.

F.20. TERM AND RENEWAL

The term of the Contract shall commence upon award and shall remain in effect for a period of ONE

(1) year, unless terminated, canceled or extended as otherwise provided herein. The Contractor agrees that the City of Tucson shall have the right, at its sole option, to renew the Contract for FOUR (4) additional one-year periods or portions thereof. In the event that the City exercises such rights, all terms, conditions and provisions of the original Contract shall remain the same and apply during the renewal period with the possible exception of price and minor scope additions and/or deletions.

F.21. USAGE REPORT

The Contractor shall provide an electronic copy of a usage report upon request to the Department of Procurement. The report shall be sent after eleven (11) months of the Contract term. The report shall provide complete information on the quantity and description of items purchased under this Contract.

F.22. WARRANTY

Bidder/Offeror shall warrant that all equipment and parts furnished in their bid/offer are newly manufactured and free from defects in material and workmanship for no less than one (1) year from the date the equipment is delivered or installed. Warranty shall also guarantee accepted trade standards of quality, fitness for the intended uses, and conformance to promises or specified specifications. No other express or implied warranty shall eliminate the vendor’s liability as stated herein.

BUSINESS SERVICES DEPARTMENT Page 21 of 37

G. INSURANCE REQUIREMENTS

G.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.

G.2. Required Insurance Policies

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

G.3. Commercial General Liability

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

Each Occurrence: $2,000,000

General Aggregate: $4,000,000

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

Personal and Advertising Injury: $2,000,000

Blanket Contractual Liability: $2,000,000

G.4. Commercial Automobile Liability

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

G.5. Worker's Compensation. Policy must have coverage limits no lower than:

Policy must have coverage limits no lower than:

Per Occurrence: Statutory

Employer's Liability: $1,000,000

BUSINESS SERVICES DEPARTMENT Page 22 of 37

Disease Each Employee: $1,000,000

Disease Policy Limit: $1,000,000

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

G.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.

G.7. Additional Insurance Requirements

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

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

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

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

G.8. Policy Change Notice

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

G.9. Additional Insured

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

BUSINESS SERVICES DEPARTMENT Page 23 of 37

G.10. Acceptability of Insurers

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

G.11. Verification of Coverage

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

All certificates and endorsements are to be received and approved by the City of Tucson before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work and remain in effect for the duration of the contract and two (2) years after 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 reserves the right to require complete copies of all insurance policies as they specifically relate to any incident within the Scope of Work, and which makes the request legally required or job related and consistent with business necessity.

G.12. 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.

G.13. 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.

BUSINESS SERVICES DEPARTMENT Page 24 of 37

H. STANDARD TERMS AND CONDITIONS

H.1. ACCEPTANCE

Mere physical receipt and inspection of goods or services by the City does not alter or affect the obligations of Contractor to provide goods and services that conform to all specifications of this Contract and the City may reject goods or services that are later found to be nonconforming.

H.2. ADVERTISING

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

H.3. 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.

H.4. ARBITRATION

Notwithstanding any other provision in this Contract, no agreement by the City to arbitrate a dispute is binding unless given expressly and in writing after execution of this Contract. However, if both parties agree, disputes may be resolved through arbitration following the process in A.R.S. § 12-1501, et seq.

Contractor must continue to perform under this Contract without interruption, notwithstanding the provisions of this section.

H.5. ASSIGNMENT

Contractor may not assign its rights or obligations under this Contract without the prior written permission of the City's Business Services Director. The City will not unreasonably withhold approval for a requested assignment.

H.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.

H.7. COMMENCEMENT OF WORK

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

BUSINESS SERVICES DEPARTMENT Page 25 of 37

H.8. COMPLIANCE WITH LAWS

The parties will comply with all federal, state and local laws, rules, regulations, standards and Executive Orders including, without limitation, the following:

A. Americans with Disabilities Act. Contractor will comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101, et seq.) and its regulations, including 28 CFR Parts 35 and 36. If Contractor will provide or make available web content or mobile applications, the Contractor must demonstrate that its work product conforms to the DOJ’s April 24, 2024 final rule under Title II of the ADA by providing either (1) a current Accessibility Compliance Report (ACR) based on the latest version of the Voluntary Product Accessibility Template (VPAT) for the Web Content Accessibility Guidelines (WCAG) 2.1, or (2) an independent third-party evaluation from an accessibility consultancy.

1. The Contractor’s indemnification obligations under this Agreement shall include all allegations, demands, proceedings, suits, actions, claims, liability, damages, losses, expenses (including but not limited to attorney fees, court costs, and all claim-adjusting and claim-handling expenses) or disbursements of any kind or nature in any way relating to or arising from the Contractor’s breach of this section…