Termite_Control_Services_(Addendum_#1_Revision).pdf

CITY OF TUCSON

REQUEST FOR PROPOSAL

222995

TERMITE CONTROL SERVICES

Due Date: Thursday, April 21, 2022

City of Tucson

255 W Alameda St

Tucson, AZ 85701

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

Public Portal https://secure.procurenow.com/portal/tucson-az/projects/18578

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

CITY OF TUCSON REQUEST FOR PROPOSAL NO. 222995

BUSINESS SERVICES DEPARTMENT Page 2 of 39 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Emily Clark

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-4129

Attachments:

A - OFFER AND ACCEPTANCE

F - PRICE PAGE

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A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR PROPOSAL NO 222995

TITLE: Termite Control Services

SUBMITTAL DUE DATE: Thursday, April 21, 2022 AT 2:00 P.M. LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE: Friday, April 8, 2022

TIME: 10:30 am LOCAL AZ TIME

LOCATION: Microsoft Teams Virtual Meeting (Join Meeting)

QUESTIONS SHALL BE DIRECTED TO: Emily Clark

(520) 837-4129 emily.clark@tucsonaz.gov

Posted Date: Wednesday, March 30, 2022

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

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

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

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NGU4YWY0MmQtMTk0YS00YTRhLWI1ZDUtNzNkNjlhYzlhMGI0%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22652e9589-6721-4fcc-9850-5df86435b5d0%22%7d

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B. INTRODUCTION

B.1. Summary

The City of Tucson is requesting proposals from qualified businesses to provide termite pest control services on an as-needed basis as determined by City departments. The selected Contractor(s) will be used to provide services for new termite treatments and existing termite warranties for the City of Tucson at various City locations.

This contract will be Citywide and available for use by all City departments, with each department having their own termite control needs. To provide adequate geographical, manufacturer, and product coverage of the City requirements for this scope of work, the City may choose to award to multiple Contractors.

B.2. Contact Information

Emily Clark Contract Officer Email: emily.clark@tucsonaz.gov Phone: (520) 837-4129 Department:

EGSD

B.3. Timeline mailto:emily.clark@tucsonaz.gov tel:(520)837-4129

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Release Project Date March 30, 2022

Pre-Proposal Meeting (Non- Mandatory)

April 8, 2022, 10:30am

Agenda

Microsoft Teams Virtual Meeting

Proposal Submission Deadline April 21, 2022, 2:00pm https://teams.microsoft.com/l/meetup-join/19%3ameeting_NGU4YWY0MmQtMTk0YS00YTRhLWI1ZDUtNzNkNjlhYzlhMGI0%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22652e9589-6721-4fcc-9850-5df86435b5d0%22%7d

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C. SCOPE OF WORK

This contract is intended to provide service for new termite treatments and existing termite warranties for the City of Tucson at various locations.

C.1. New Termite Treatments

A. Liquid Treatments

1. When requested, a liquid termite treatment will be applied through specific procedures clearly identified by the Contractor. The acceptable treatment options include, but are not limited to, trenching, down drilling, angle drilling, etc.

2. When treating for termites, both the interior and the exterior perimeter of the facility must be treated, when applicable.

3. Once treatment is completed, the disturbed areas of earth work and interior surfaces must be returned, to the greatest extent possible, to original condition and appearance.

4. Liquid treatments will include a five-year warranty period from initial treatment.

5. An annual inspection of the location must produce a report of termite activity/inactivity. This report will be forwarded to the City’s Contract Representative after each annual inspection.

6. When termite activity is found to be present either through the annual inspection or through routine maintenance, the Contractor will treat the affected area at no additional cost to the City during the warranty period.

7. Pricing for liquid treatments must be per linear foot. The linear foot and corresponding diagram of the area to be treated will be made part of the cost proposal provided to the City Contract Representative.

B. Subterranean Termite Baiting System Treatments

1. When requested, a baiting system termite treatment must be applied through specific procedures clearly identified by the Contractor. The bait stations should be installed in conspicuous areas where they will not be an attraction for vandalism.

2. A quarterly inspection of the bait stations must produce a log report indicating termite activity/inactivity by bait station. The log report will be forwarded to the City’s Contract Representative after each inspection.

3. When necessary, the bait station will be refilled by the Contractor.

4. Pricing for baiting system treatments must be per linear foot. The linear foot and corresponding diagram of the proposed bait station locations to be installed will be made part of the cost proposal provided to the City Contract Representative.

C.2. Existing Termite Warranties

A. The City of Tucson has an expansive portfolio of facilities currently under warranty with various vendors. For City facilities where the City has existing warranties with other termite pest control providers, the Contractor will be given the opportunity to take over that warranty. If the

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Contractor is willing to honor the warranty, the Price Page (included herein) total at the specific location will reflect the final cost.

C.3. Contractor's Responsibilities

A. All materials and workmanship provided to the City must be of the highest industry standard.

Materials purchased by the City through this contract must be new and subject to inspection and approval by the City Contract Representative prior to delivery or installation.

B. The Contractor performing pest control services must be licensed by the Arizona Department of Agriculture, Pest Management Division to perform these services and must comply with A.R.S. § 32-2301. All personnel applying pesticides and herbicides under this contract must be in compliance with all rules and regulations of the Arizona Department of Agriculture, Pest Management Division and must be in possession of all required certifications applicable to the work being performed.

C. The Contractor must obtain all permits and licenses and pay all taxes, charges, and fees necessary to perform the services under this contract.

D. The Contractor will guarantee all work under this contract against defects of materials and/or workmanship for a period of five (5) years from the completion date. Chemical agents used shall be warranted for the same time period and must not exceed the shelf time, if applicable.

E. The Contractor will furnish all necessary supplies, labor, vehicles and equipment to perform services. All supplies, labor, vehicles and equipment must be compliant with the specifications, terms and provisions set forth herein and will be subject to random, unannounced inspection by the City Contract Representative.

C.4. Quality Control

A. The Contractor will establish a complete quality control program to assure the requirements of the contract are provided as specified. The program must include an articulated frequency of inspection scheduled by the Contractor or a designated and authorized representative and must be applicable to all sites assigned under this contract.

B. The Contractor must maintain an accurate report of all work activities as requested through this contract. The Contractor will initiate such record keeping at the time of award and must retain all such files throughout the term of the contract or for five (5) years from the date of application. The Contractor will provide a copy of such records along with the invoice for payment. The reports must include but not be limited to:

1. Date of application

2. Location of application

3. Reason for application

4. Application rate

5. Application method

6. Trade names of pesticides applied

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7. Total amount of pesticides applied

C. The Contractor will exercise caution at all times for the protection of persons and property. The Safety provisions of all applicable laws and ordinances must be strictly observed and the Contractor and Contractor’s employees must at all times be attentive to the safety of persons and the preservation of property at all sites. All fines, penalties and/or repair charges resulting from the Contractor’s neglect of safety provisions will be the sole responsibility of the Contractor.

D. The Contractor will outfit all equipment and materials used with any and all such safety devices and warning mechanisms as may be necessary to advise and protect the public and prevent personal injury and property damage.

C.5. Quality Assurance

A. The Facilities and Communications Maintenance Division (FCM) will designate a City Contract Representative and/or designee(s) to serve as a consultant to monitor adherence to the Contract.

B. The City Contract Representative will give final approval on all work performed under this contract. If in the opinion of the City Contract Representative, performance becomes unsatisfactory, the City will notify the Contractor within forty eight (48) hours of identification of a deficiency.

C. Should the Contractor fail to correct deficiencies within the time frame specified by the City Contract Representative or provide an acceptable reason why more time is necessary for correction, the City may have that service performed by City personnel or under this contract.

The cost of services performed by City personnel or another Contractor will be documented and deducted from payment to the Contractor.

D. The City Contract Representative or designees will have the authority to stop work whenever such stoppage may be necessary to ensure the proper execution of services. The City Contract Representative and/or designee(s) will also have the authority to reject work and materials that do not conform to the contract specifications and make decisions regarding questions which arise in the execution of work.

E. The Contractor must understand and agree to the City’s work priorities, maintenance methods and management techniques. Upon request or as necessary, the City Contract Representative or designees may accompany the Contractor to work areas to further describe or clarify maintenance methods and priorities.

C.6. Personnel

A. The Contractor will only utilize individuals to work on this contract who have successfully completed a criminal background investigation conducted by the Tucson Police Department.

The Contractor will submit to the FCM Contract Representative a list of names of individuals who may be assigned to any work under this contract. In all cases, no work will be assigned or performed until the FCM Contract Representative notifies the Contractor of successful completion of the criminal background investigation.

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B. The Contractor will designate one (1) specific individual to oversee and inspect work performed by the Contractor’s personnel assigned to this contract. The Contractor’s designated representative must be available to respond within two (2) hours of initial contact and authorized to resolve management issues and respond to emergency requirements.

C. The Contractor must ensure the designated representative is available to accompany the City Contract Representative to inspect sites and/or work upon twenty-four (24) hours’ notice.

D. The Contractor must ensure that all employees wear photo identification badges that clearly show the Contractor's company name and the first and last name of the employee.

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

F. Any person assigned to this contract found to be in possession of or under the influence of intoxicants or narcotics will be removed from assignment to this contract and excluded from City premises and may be subject to arrest and criminal prosecution.

G. The Contractor must ensure that all Contractor employees and personnel conduct themselves in a professional manner, and maintain positive, open, respectful and constructive communication with the City Contract Representatives.

H. The Contractor must remove immediately and permanently from assignment to this contract any Contractor employee who is determined by the City Contract Representative to be incompetent, abusive, disorderly, disruptive, uncooperative, unprofessional, unethical, or ineffective.

C.7. Compliance With Applicable Laws and Regulations

A. The Contractor will perform all requirements under this contract in strict observance of and compliance with all Federal, State and local city applicable laws, regulations, ordinances, codes and any other legislative or statutory requirements.

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

C.8. Use of Products in Performance of the Contract

A. Products that have not been approved by the City Contract Representative must not be used by the Contractor while performing any service under this contract.

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

C. The Contractor must be in compliance with all provisions of the Federal Hazard Communication Act.

D. All products used by the Contractor must be manufactured products specifically intended for the purpose for which they are being used. The Contractor must not devise any products of

BUSINESS SERVICES DEPARTMENT Page 10 of 39 his/her own making for use under this contract. The use of all products must be in strict conformance with the manufacturer’s specifications.

E. All products must be in their original or properly labeled containers and must retain the manufacturer’s label at all times while on City premises.

C.9. Safety Provisions and Protection of the Public

A. In the progress of work, the Contractor will take all necessary precautions to prevent accidents and protect the public. The Contractor must provide and maintain all safety equipment necessary for the performance of this contract at the Contractor’s sole expense.

B. Prospective Contractors are required to submit an inclusive listing of all pesticides, herbicides, termiticides or other potential hazardous materials and the corresponding SDS for each product that will be used in the performance of this contract as part of their original proposal.

C. The Contractor must not use any products in the performance of this contract which exceed one year after the date of their original purchase.

D. In the event that there is a need to use a product requiring a site re-entry delay, the Contractor will inform the City Contract Representative in advance and must state that the product requires re-entry delay. The Contractor must obtain approval from the City Contract Representative on every occasion prior to using a product requiring a re-entry delay.

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

C.10. Clean Up

A. The Contractor must keep all service premises free from accumulations of waste material or rubbish caused by employees and their work. At the end of each day at a site, the Contractor will remove all rubbish, debris, tools, equipment and materials from a project and will leave the work area “broom clean” or equivalent unless more exactly specified by the City Contract Representative.

B. All areas must be cleaned of any excess or spilled materials or debris resulting from the Contractor’s work on the same day debris is generated.

C. The Contractor must comply with all hazardous materials disposal laws, rules, regulations and ordinances.

C.11. Contract Review Meeting

A. The designated Contractor Representative and the Contractor Technician(s) must be fully knowledgeable of all contract requirements and specifications before commencing any work and at all times thereafter.

B. The Contractor Representative and the Contractor Technician(s) will participate in a mandatory Contract Review Meeting with City Representatives, to be scheduled by the FCM Contract Superintendent or designee. This mandatory meeting will be held after contract award but

BUSINESS SERVICES DEPARTMENT Page 11 of 39 before the Contractor begins providing services. The purpose of the Contract Review Meeting is to ensure that all parties fully understand and agree to all contract requirements before services commence and to obtain clarifications and preclude future misunderstandings. The Contractor and Contractor Representative(s) as may be assigned will use this meeting to verify scheduling and receive clarification regarding any contract requirements. If any requirements are not discussed in this meeting, it will not relieve the Contractor of any responsibility under this contract. It is incumbent upon the Contractor to know the requirements of the contract.

C. The Contractor Technician(s) will be familiar with the contract specifications and requirements while working on City properties.

C.12. Monitoring Contractor Performance

The Contractor must adhere to the Facilities and Communications Maintenance Division (FCM) contract compliance function to ensure that the City receives all contracted services and that the Contractor is paid promptly and fully for work performed to the City's satisfaction.

A. The Contractor's primary contact will be with the Facilities and Communications Maintenance Division:

1. FCM Representative: Responsible for all routine direct coordination with the Contractor and Contractor Technician by scheduling services, providing the Contractor Technician with access to sites and buildings, providing technical assistance and support, and front-line problem solving and monitoring of Contractor performance.

2. FCM Contract Superintendent (Contract Administration): Designated as the City's Contract Representative for this contract to be responsible for overall contract administration and compliance, documenting contractor performance, and resolving performance issues unresolved at the first level.

B. The Facilities and Communications Maintenance Division may utilize any or all of the following steps when monitoring Contractor performance:

1. On-Site Monitoring during Service Calls: The FCM Representative or designee will monitor Contractor performance as appropriate, through the use of observation, discussion, and technical assistance (as specified). The FCM Representative will use the contract and personal expertise and judgment to draw conclusions about the performance of the Contractor Technician(s).

2. Inspection of Equipment, Parts, Materials, and Supplies: The FCM Representative or designee may conduct or have a third party conduct an inspection or testing of any and all equipment, parts, materials, or supplies provided by the Contractor to verify contract requirements regarding compliance with manufacturers specifications.

3. Independent Inspection or Audit: Notwithstanding any other audit clause in this contract, the FCM Contract Superintendent or designee may at any time conduct a review, inspection or audit of the Contractor's performance related to any contract requirement, independent of any contract compliance activities conducted by the FCM staff.

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4. Documentation of Performance Monitoring Results: FCM will provide the results of any contract monitoring activities or tests, either verbal or written, to either the Contractor Technician or Contract Representative.

C. The Facilities and Communications Maintenance Division will use the following steps to document and correct performance issues. These steps will be preliminary and in addition to any other standard contractual remedies. It is the intent of these steps to resolve performance related matters to the full satisfaction of the FCM Management, thereby ensuring that the interests of the City are protected.

1. Informal Discussion: The FCM Representative will attempt to promptly and informally resolve non-critical contract performance issues at the first level through a discussion with the on-site Contractor technician. Such issues will be noted and filed in the Contractor’s file and discussed at the Quarterly meetings. Matters unresolved will be forwarded to the FCM Contract Superintendent (Contract Administration).

2. Notification to FCM Management: If in the judgment of the FCM Representative or designee the performance issue is of a repetitive, serious, or critical nature, or a first-level informal discussion has not resolved a non-critical issue, the FCM Representative or designee must notify the FCM Contract Superintendent in writing.

3. Reporting Deficient Performance to the Contractor: The FCM Contract Superintendent will forward copies of written performance comments to the designated Contractor Representative, requesting follow-up action on the part of the Contract Representative to resolve the performance matter.

4. Consultation with the Contractor: The Contractor's designated representative will at the request of the Contract Superintendent meet to discuss and resolve noted instances of deficient contract performance. The purpose of this step is to give the Contractor the opportunity to correct deficient performance.

5. Unresolved Performance Issues: Performance issues that have not been fully resolved and corrected by the Contractor or considered by the FCM Management to be of a serious consequential nature will be referred to the City of Tucson Procurement Department for action.

C.13. Invoicing

A. All invoices submitted for work done under the scope of this contract must be itemized invoices and must contain the following information:

1. Vendor name

2. Remit to address

3. Purchase Order number

4. Invoice date

5. Invoice number

6. EAM (Enterprise Access Management) work order number

7. Complete description of the work completed and the product used

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8. Location where the service/work was performed

9. City Contract Representative name and employee number

10. Agreed upon quoted price

11. Applicable tax

12. Total invoice amount

B. Original invoices must be submitted by the tenth day of each month following the month the services were performed by the Contractor to:

City of Tucson Finance/Accounts Payable PO Box 27450 Tucson, AZ 85726-7450

C. An electronic copy of the invoice and supporting documentation should be sent to to EGSD- Payables@tucsonaz.gov for those services rendered at the request of a EGSD/FCM Representative to the Environmental and General Services Department (FCM Division).

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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 Amendments 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 amendments 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

BUSINESS SERVICES DEPARTMENT Page 15 of 39 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 Amendment. Offeror may not rely on oral interpretations or clarifications about the solicitation; only questions answered in an email by the Contract Officer or posted as a formal solicitation Amendment will be binding.

D.4. ADDENDUM OF SOLICITATION

Solicitation Addenda will be posted on the City’s link to the online bidding website. Offeror is responsible for checking the webpage regularly for new solicitation addenda and must acknowledge each addendum to this solicitation in its submittal. Please note that vendors who have registered with the Business Services Department at https://secure.procurenow.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.

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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. Submittal instructions and online bidding system can be found at the following link: https://www.tucsonprocurement.com/

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.

https://www.tucsonprocurement.com/

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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://secure.procurenow.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. Application for a City Business License can be completed at http://www.tucsonaz.gov/etax. For questions contact the City's Business License Section at (520) 791- 4566 or email at tax-license@tucsonaz.gov

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E. OFFER EVALUATION AND CONTRACT AWARD

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

A. Price Proposal

B. Method of Approach

C. Qualifications & Experience

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

C. Reissue the solicitation.

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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 five (5) days after receipt of the Notice, all documents necessary for execution of the Contract. A Notice of Intent to Award does not create a contract. Only a subsequent formal award, as described above, creates a Contract.

E.9. MULTIPLE AWARDS

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

E.10. SOLICITATION 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://secure.procurenow.com/portal/tucson-az.

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. A protest of a proposed or actual award must be filed no later than ten (10) calendar days after the City issues a Notice of Intent to Award or, if no Notice of Intent to Award is issued, after the City issues a Notice of Award.

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

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

B. The signature of the protestant or its representative;

C. The solicitation or Contract number;

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

E. The form of relief requested.

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F. EVALUATION PHASES

No. Evaluation Criteria Scoring Method Weight (Points)

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

N/A N/A

2. Method of Approach A. Describe how your firm plans to meet the requirements of each of the services and activities outlined in the Scope of Work. This section should confirm your understanding of the requirements of this RFP and the needs of the City.

B. Provide a description of proposed Quality Control practices in addition to the requirements listed in the Scope of Work.

N/A N/A

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3. Qualifications & Experience

A. Provide a brief history of the firm including the number of years performing work similar or identical to the Scope of Work.

B. List previous and current contracts your firm holds that are considered similar or identical to the Scope of Work. Include all public agencies served. For each contract listed, include the type of service provided as well as the name, title, email address, and telephone number of the person to be contacted regarding your firm's performance.

C. Describe the specific qualifications, experience and capabilities of your firm and personnel in providing services.

D. List subcontractors, if any, proposed to be used to perform services. Detail specific qualifications for all subcontractors.

E. Provide copies of your firm’s ethical standards, managerial philosophy, customer service standards and standards of quality. State how these standards will be evaluated and maintained by the firm throughout the term of the contract. Materials provided may include, but are not limited to, the following:

1. Membership in or good standing with an organization devoted to ensuring high standards of customer service and consumer protection.

2. Membership in or good standing with an appropriate professional organization.

3. Evidence of training and education in customer service, maintaining quality standards.

4. Letter of recommendation from customers and contracted agencies.

5. Copies of instructional materials utilized to ensure employee adherence to ethical, quality, and customer service standards.

N/A N/A

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F. Identify key personnel proposed to be assigned to this contract. For each person, provide a resume, a copy of their AZ Structural Pest Control Licensing, and a biography describing their specific qualifications.

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G. SPECIAL TERMS AND CONDITIONS

G.1. COOPERATIVE PURCHASING

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

These lists are subject to change. Contractor may, however, charge an agency that is outside the Tucson Metropolitan Area for 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.

G.2. 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.

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G.3. 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://tucsonprocurement.com/bidders_livingwage.aspx.

G.4. TERM

The term of the Contract shall commence upon award and shall remain in effect for a period of one (1) year, unless terminated, or canceled.

G.5. AUTOMATIC RENEWALS

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. Renewals will be automatic, from the date of contract award, unless the City provides written notice to the contractor no later than thirty (30) days prior to renewal date.

G.6. 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 (see Term) and will be a factor in the renewal review process. Contractor must submit written request to the City at least thirty (30) days prior to renewal date. City will determine whether the requested price adjustment or an alternate option, is in the best interest of the City. Any price adjustment will be effective upon the effective date of the contract renewal.

https://tucsonprocurement.com/bidders_livingwage.aspx.

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H. INSURANCE REQUIREMENTS

H.1. Required Insurance Policies

Contractor will obtain and maintain during the entire term of this Contract and for 2 years after the Contract term ends, the following insurance coverage from insurers that have an “A.M. Best” rating of not less than A-VII:

H.2. Commercial General Liability

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

A. Each Occurrence: $1,000,000

B. General Aggregate: $2,000,000

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

D. Personal and Advertising Injury: $1,000,000

E. Blanket Contractual Liability: $1,000,000

H.3. Commercial Automobile Liability

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