Title_and_Escrow_Services_(Addendum_#1_Revision).pdf

REQUEST FOR PROPOSAL - GOODS AND SERVICES

RFP GGS-26-0190

TITLE AND ESCROW SERVICES

CITY OF PHOENIX

FINANCE CENTRAL PROCUREMENT

251 W WASHINGTON ST

PHOENIX, AZ

85003

RELEASE DATE: March 24, 2026

DEADLINE FOR QUESTIONS: April 8, 2026

RESPONSE DEADLINE: April 22, 2026, 2:00 pm

City of Phoenix

REQUEST FOR PROPOSAL - GOODS AND SERVICES

RFP GGS-26-0190

Title and Escrow Services

1. INTRODUCTION

2. INSTRUCTIONS

3. SCOPE OF WORK

4. EVALUATION PROCESS

5. STANDARD TERMS AND CONDITIONS

6. SPECIAL TERMS AND CONDITIONS

7. DEFENSE AND INDEMNIFICATION

8. INSURANCE REQUIREMENTS

9. SUBMITTALS

10. PRICING PROPOSAL

Attachments:

A - Reference A - Acceptance_of_Offer_Form_2026

Request For Proposal - Goods and Services #RFP GGS-26-0190 Title: Title and Escrow Services

1. Introduction

1.1. Contact Information

Chad Elms

Finance Central Procurement

Email: chad.elms@phoenix.gov

Phone: (602) 261-8053

1.2. Schedule of Events

The City reserves the right to change dates, times, and locations, as necessary. The City does not always hold a Pre-Offer Conference or Site Visit. All times in the Schedule of Events are

Local Phoenix, AZ Time.

To request a reasonable accommodation or alternative format for any public meeting, please contact the Procurement Officer (Chad Elms) at (602) 261-8053/Voice or 711/TTY, or chad.elms@phoenix.gov, no later than five (5) business days prior to the meeting.

Solicitation Issue Date: March 24, 2026

Pre-Offer Conference (Non-Mandatory): April 1, 2026, 10:00am

Agenda https://cityofphoenix.webex.com/cityofphoen ix/j.php?MTID=m24eb4e467978b30efb7407

129f0cf762

Written Inquiries Due Date: April 8, 2026, 2:00pm

Offer Due Date: April 22, 2026, 2:00pm https://government-project.s3.amazonaws.com/222535/34b54557-3615-4a3b-9efc-8b4370bb40ca_RFP_GGS-26-0190_-_Pre-Offer_Conference_Presentation.pptx https://cityofphoenix.webex.com/cityofphoenix/j.php?MTID=m24eb4e467978b30efb7407129f0cf762

2. Instructions

2.1. Description – Statement of Need

The City of Phoenix invites sealed offers for Title and Escrow Services for a five-year contract commencing on or about December 1, 2026, in accordance with the specifications and provisions contained herein or the “Effective Date” which is upon award by City Council, conditioned upon signature and recording by the City Clerk’s department, as required by the

Phoenix City Code, whichever is later.

This solicitation is available through the City’s Procurement Portal. For technical support issues related to the City's Procurement Portal, Offeror may use the support bubble on the bottom right, or email procurement-support@opengov.com for any assistance. For other issues related to this solicitation please contact the procurement officer listed under Contact Information.

Notwithstanding the foregoing, this Agreement will terminate upon the earliest occurrence: by reaching the end of the term including any extensions exercised, or termination pursuant to the provisions of this Agreement.

2.2. Preparation of Offer

All forms provided must be completed and submitted with the Offer. The signed and completed

Conflict of Interest and Transparency form must be included, or your Offer may be deemed non-responsive.

It is permissible to copy Submittal forms if necessary. Erasures, interlineations, or other modifications of the Offer must be initialed in original ink by the authorized person signing the

Offer. No offer will be altered, amended or withdrawn after the specified offer due date and time.

The City is not responsible for Offeror’s errors or omissions.

All time periods stated as a number of days will be calendar days.

It is the responsibility of all Offerors to examine the entire solicitation and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting an offer. Negligence in preparing an offer confers no right of withdrawal after due date and time. Offerors are strongly encouraged to:

A. Consider applicable laws and/or economic conditions that may affect cost, progress, performance, or furnishing of the products or services.

B. Study and carefully correlate Offeror’s knowledge and observations with the solicitation and other related data.

C. Promptly notify the City of all conflicts, errors, ambiguities, or discrepancies that Offeror has discovered in or between the solicitation and other related documents.

D. The City does not reimburse the cost of developing, presenting or providing any response to this solicitation. Offers submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. The Offeror is responsible for all costs incurred in responding to this mailto:procurement-support@opengov.com solicitation. All materials and documents submitted in response to this solicitation become the property of the City and will not be returned.

E. Offerors are reminded that the specifications stated in the solicitation are the minimum level required and that offers submitted must be for products or services that meet or exceed the minimum level of all features specifically listed in this solicitation. Offers offering less than any minimum specifications or criteria specified are not responsive and should not be submitted.

F. Offer responses submitted for products considered by the seller to be acceptable alternates to the brand names or manufacturer’s catalog references specified herein must be submitted with technical literature and/or detailed product brochures for the

City’s use to evaluate the products offered. Offers submitted without this product information may be considered as non-responsive and rejected. The City will be the sole judge as to the acceptability of alternate products offered.

G. Prices will be submitted on a per unit basis by line item, when applicable. In the event of a disparity between the unit price and extended price, the unit price will prevail unless obviously in error.

2.3. Fixed Offer Price Period

All offers shall be firm and fixed for a period of 180 calendar days from the solicitation opening date.

2.4. Obtaining a Copy of the Solicitation and Addenda

Interested Offerors may download the complete solicitation and addenda from the City's

Procurement Portal: https://procurement.opengov.com/portal/phoenix/projects/222535. Any interested Offerors without internet access may obtain this solicitation by calling the

Procurement Officer or picking up a copy during regular business hours at the City of Phoenix, Finance Department, Central Procurement Division, 251 W Washington Street, 8th Floor, Phoenix, AZ 85003. It is the Offeror’s responsibility to check the City's Procurement Portal, read the entire solicitation, and verify all required information is submitted with their Offer.

2.5. Exceptions

Offeror must not take any exceptions to any terms, conditions or material requirements of this solicitation. Offers submitted with exceptions may be deemed non-responsive and disqualified from further consideration in the City’s sole discretion. Offerors must conform to all the requirements specified in the solicitation. The City encourages Offerors to send inquiries to the

Procurement Officer rather than including exceptions in their Offer.

2.6. Inquiries

All questions that arise relating to this solicitation should be directed via City’s OpenGov

Procurement Portal and must be received by the due date indicated in the Schedule of Events.

The City will not consider questions received after the deadline.

https://procurement.opengov.com/portal/phoenix/projects/222535

No informal contact initiated by Offerors on the proposed service will be allowed with members of City’s staff from date of distribution of this solicitation until after city council awards the contract. All questions concerning or issues related to this solicitation must be presented in writing.

The Procurement Officer will answer written inquiries in an addendum and publish any addenda on the City’s OpenGov Procurement Portal.

2.7. Addenda

The City of Phoenix will not be responsible for any oral instructions made by any employees or officers of the City of Phoenix regarding this solicitation. Any changes will be in the form of an addendum. The Offeror must acknowledge receipt of any/all addenda through the City's

Procurement Portal.

Changes to terms and conditions of the Solicitation and resulting Agreement made pursuant to an addendum shall be memorialized in the Solicitation and resulting Agreement document. To that end, a parenthetical will be added to applicable provision(s) referencing the addendum that imposed the change. The language in the final provision will reflect the updated version.

2.8. Business in Arizona

The City will not enter contracts with Offerors (or any company(ies)) not granted authority to transact business, or not in good standing, in the state of Arizona by the Arizona Corporation

Commission, unless the Offeror asserts a statutory exception prior to entering a contract with the City.

2.9. Licenses

If required by law for the operation of the business or work related to this Offer, Offeror must possess all valid certifications and/or licenses as required by federal, state or local laws at the time of submittal.

2.10. Certifications

By signature in the Offer section of the Offer and Acceptance page(s), Offeror certifies:

• The submission of the Offer did not involve collusion or other anti-competitive practices.

• The Offeror must not discriminate against any employee, or applicant for employment in violation of Federal or State Law.

• The 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, or service to a public servant in connection with the submitted Offer.

2.11. Submission of Offer

Offers must be in possession of the Department on or prior to the exact time and date indicated in the Schedule of Events. Late offers will not be considered. The prevailing clock will be the

City Department’s clock.

Offers should be submitted electronically via the City’s Procurement Portal by clicking on “Draft

Response” via https://procurement.opengov.com/portal/phoenix/projects/222535. Offerors that are unable to submit electronically should contact the Procurement Officer to discuss the logistics of hard copy submittals. Offerors must be registered with OpenGov by signing up via https://procurement.opengov.com/signup. Vendor training guides can be found at: https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed

Any original documents (such as bonds, guaranties, powers of attorney), if required by the solicitation, must be separately delivered to and received by the City on or prior to the exact time and date indicated in the Schedule of Events, with a clear indication of the Offer for which it is attributed.

It is the responsibility of the Offeror to ensure that the Offer is timely and to confirm that there are no technical reasons that any offer submitted electronically may be delayed. The date and time on the upload as received/stamped by the City’s Procurement Portal will provide proof of submission and verification whether the Offer was received on or prior to the exact time and date indicated in the Schedule of Events.

For assistance with submittals, vendors are welcome to use the OpenGov support chat (blue chat bubble in the bottom right corner) to connect with a member of OpenGov's support team who will be able to assist you with your submission.

Please DO NOT submit links to Google Docs, Dropbox Paper, or similar services. Your offer may be deemed non-responsive if your offer is supplied utilizing these services.

2.12. Withdrawal of Offer

At any time prior to the solicitation due date and time, an Offeror (or designated representative) may withdraw the Offer by clicking “Unsubmit Response” on the Offer submission via the City’s

Procurement Portal.

2.13. Offer Results

Offers will be opened on the offer due date, time and location indicated in the Schedule of

Events, at which time the name of each Offeror, and the prices may be read. Offers and other information received in response to the solicitation will be shown only to authorized City personnel having a legitimate interest in them or persons assisting the City in the evaluation.

Offers are not available for public inspection until after the City has posted the award recommendation on the City's Procurement Portal.

The City will post a preliminary offer tabulation on the City's Procurement

Portal: https://procurement.opengov.com/portal/phoenix/projects/222535 within five business days of the offer opening. The City will post the information on the preliminary tabulation as it was read during the offer opening. The City makes no guarantee as to the accuracy of any information on the preliminary tabulation. Once the City has evaluated the offers, the City will post an award recommendation on the City's Procurement Portal. By signing and submitting its

Offer, each Offeror agrees that this posting of the award recommendation to the City's

Procurement Portal effectively serves as the Offeror’s receipt of that notice of award recommendation. The City has no obligation to provide any further notification to unsuccessful

Offerors.

https://procurement.opengov.com/portal/phoenix/projects/222535 https://procurement.opengov.com/signup https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed https://procurement.opengov.com/portal/phoenix/projects/222535

2.14. Pre-Award Qualifications

A. Offeror must have been in operation a minimum of five years. The Offeror’s normal business activity during the past five years will have been for providing the goods or services in this solicitation. The City will verify minimum experience through the reference contacts provided in the Contractor’s Offer. References shall not include City of Phoenix employees.

B. Licensing:

1. Title Agent License: Provide evidence that Offeror is a licensed title service agency within the State of Arizona from the Arizona Department of Insurance and Financial

Institutions (DIFI) Insurance Division.

2. Escrow Agent License (entity): Provide evidence that Offeror's firm is licensed by

State of Arizona from the Arizona Department of Insurance and Financial Institutions

(DIFI) Insurance Division.

3. Escrow Agent-in-charge License (officer): Provide evidence that Offeror's agent-in-charge is licensed by State of Arizona from the Arizona Department of Insurance and Financial Institutions (DIFI) Insurance Division.

2.15. Certificates of Insurance

Upon notification of a recommended award, the Offeror will have 14 calendar days to submit a complete certificate of insurance in the minimum amounts and the coverages as required in the

Insurance Requirements of this solicitation. Insurance requirements are non-negotiable.

2.16. Award of Contract

Unless otherwise indicated, award(s) will be made to responsive, responsible Offeror(s) who are regularly established in the service, or providing the goods, contained in this solicitation and who have demonstrated the ability to perform in an acceptable manner.

A. Factors that may be considered by the City include:

1. Technical capability of the Offeror to accomplish the scope of work required in the

Solicitation. This may include performance history on past and current government or industrial contracts; and,

2. Demonstrated availability of the necessary manpower (both supervisory and operational personnel) and necessary equipment to accomplish the scope of work in the Solicitation; and,

3. Safety record; and,

4. Offeror history of complaints and termination for convenience or cause.

B. Notwithstanding any other provision of this solicitation, the City reserves the right to: (1) waive any immaterial defect or informality; or (2) reject any or all offers or portions thereof; or (3) reissue a solicitation.

C. A response to a solicitation is an offer to contract with the City based upon the terms, conditions, and specifications contained in the City’s solicitation. Offers do not become contracts until they are executed by the Chief Procurement Officer or Department

Director. A contract has its inception in the award, eliminating a formal signing of a separate contract. For that reason, all of the terms, conditions and specifications of the procurement contract are contained in the solicitation, and in any addendum or contract amendment.

2.17. Solicitation Transparency Policy

Commencing on the date and time a solicitation is published, potential or actual Offerors or respondents (including their representatives) shall only discuss matters associated with the solicitation with the Mayor, any members of City Council, the City Manager, any Deputy City

Manager, or any department director directly associated with the solicitation (including in each case their assigned staff, except for the designated Procurement Officer) at a public meeting, posted under Arizona Statutes, until the resulting contract(s) are awarded to all offers or responses are rejected and the solicitation is cancelled without any announcement by the

Procurement Officer of the City’s intent to reissue the same or similar solicitation.

As long as the solicitation is not discussed, Offerors may continue to conduct business with the

City and discuss business that is unrelated to the solicitation with the City staff. Offerors may not discuss the solicitation with any City employees or evaluation panel members.

Offerors may discuss their proposal or the solicitation with the Mayor or one or more members of the Phoenix City Council, provided such meetings are scheduled through the Procurement

Officer, and are posted as open meetings with the City Clerk at least 24 hours prior to the scheduled meetings. The City Clerk will be responsible for posting the meetings. The posted notice shall identify the participants and the subject matter, as well as invite the public to participate.

With respect to the selection of the successful Offerors, the City Manager and/or City Manager's

Office will continue the past practice of exerting no undue influence on the process. In all solicitations of bids and proposals, any direction on the selection from the City Manager and/or

City Manager's Office and Department Head (or representative) to the proposal review panel or selecting authority must be provided in writing to all prospective Offerors.

This policy is intended to create a level playing field for all Offerors, assure that contracts are awarded in public, and protect the integrity of the selection process. OFFERORS THAT

VIOLATE THIS POLICY SHALL BE DISQUALIFIED. After official Notice is received by the City for disqualification, the Offeror may follow the Protest process, unless the Solicitation is cancelled without notice of intent to re-issue.

“To discuss” means any contact by the Offeror, regardless of whether the City responds to the contact. Offerors that violate this policy will be disqualified until the resulting contract(s) are awarded, or all offers or responses are rejected and the solicitation is cancelled without any announcement by the Procurement Officer of the City’s intent to reissue the same or a similar solicitation. The City interprets the policy as continuing through a cancellation of a solicitation until Council award of the contract, as long as the City cancels with a statement that the City will rebid the solicitation.

2.18. Protest Process

Offeror may protest the contents of a solicitation no later than seven days before the solicitation deadline when the protest is based on an apparent alleged mistake, impropriety or defect in the solicitation. Protests filed regarding the solicitation may be addressed by an amendment to the solicitation or denied by the City. If denied, the opening and award will proceed unless the City determines that it is in the City’s best interests to set new deadlines, amend the solicitation, cancel or re-bid.

Therefore, unless otherwise notified by a formal amendment, the Protester must adhere to all solicitation dates and deadlines, including timely filing of an offer, regardless of filing a protest.

Offeror may protest an adverse determination issued by the City regarding responsibility and responsiveness, within seven days of the date the Offeror was notified of the adverse determination.

Offeror may protest an award recommendation if the Offeror can establish that it had a substantial chance of being awarded the contract and will be harmed by the recommended award. The City will post recommendations on the City’s Procurement Portal to award the contract(s) to an Offeror(s). Offeror must submit award protests within seven days after the posting of the award recommendation, with exceptions only for good cause shown, within the

City’s full and final discretion.

All protests will be in writing, filed with the Procurement Officer identified in the solicitation and include the following:

• Identification of the solicitation number;

• The name, address and telephone number of the protester;

• A detailed statement describing the legal and factual grounds for the protest, including copies of relevant documents;

• The form of relief requested; and

• The signature of the protester or its authorized representative.

The Procurement Officer will render a written decision within a reasonable period after the protest is filed. The City will not request City Council authorization to award the contract until the protest process is complete. All protests and appeals must be submitted in accordance with the

City’s Procurement Code, (Phoenix City Code, Ch. 43) and any protests or appeals not submitted within the time requirements will not be considered. Protests must be filed with the

Procurement Officer.

2.19. Public Record

All Offers submitted in response to this solicitation will become the property of the City and become a matter of public record available for review pursuant to Arizona State law. If an

Offeror believes that a specific section of its Offer response is confidential, the Offeror will isolate the pages marked confidential in a specific and clearly labeled section of its Offer response. An Offeror may request specific information contained within its Offer is treated by the

Procurement Officer as confidential provided the Offeror clearly labels the information

“confidential.” To the extent necessary for the evaluation process, information marked as

“confidential” will not be treated as confidential. Once the procurement file becomes available for public inspection, the Procurement Officer will not make any information identified by the

Offerors as “confidential” available to the public unless necessary to support the evaluation process or if specifically requested in accordance with applicable public records law. When a public records request for such information is received, the Procurement Officer will notify the

Offeror in writing of any request to view any portion of its Offer marked “confidential.” The

Offeror will have the time set forth in the notice to obtain a court order enjoining such disclosure.

If the Offeror does not provide the Procurement Officer with a court order enjoining release of the information during the designated time, the Procurement Officer will make the information requested available for inspection.

2.20. Late Offers

Late Offers must be rejected, except for good cause. If a late Offer is submitted, the Department will document the date and time of the submittal of the late Offer, keep the Offer and notify the

Offeror that its Offer was disqualified for being a late Offer.

2.21. Right to Disqualify

The City reserves the right to disqualify any Offeror who fails to provide information or data requested or who provides materially inaccurate or misleading information or data. The City further reserves the right to disqualify any Offeror on the basis of any real or apparent conflict of interest that is disclosed by the Offer submitted or any other data or information available to the

City. This disqualification is at the sole discretion of the City. By submission of a solicitation response, the Offeror waives any right to object now or at any future time, before any agency or body including, but not limited to, the City Council of the City or any court as to the exercise by the City of such right to disqualify or as to any disqualification by reason of real or apparent conflict of interest determined by the City. The City reserves the right to replace the disqualified

Offeror.

2.22. Contract Award

The City reserves the right to award a contract by individual line items, by group, all or none, or any other combination most advantageous to the City. The City reserves the right to award multiple contracts.

2.23. Determining Responsiveness and Responsibility

Offers will be reviewed for documentation of minimum qualifications, completeness, and compliance with the Solicitation requirements. The City reserves sole discretion to determine responsiveness and responsibility.

Responsiveness: Nonresponsive Offers will not be considered in the evaluation process. The solicitation states criteria that determine responsiveness, and the solicitation includes terms and conditions that if included or excluded from Offers (as the case may be) will render an Offer nonresponsive.

Exceptions, conditions, reservations, or understandings are presumed to be unacceptable, and an Offer that includes unacceptable exceptions, conditions, reservations, or understandings may be rejected as nonresponsive. Alternatively, the City in its sole discretion may instruct in writing that any Offeror remove the conditions, exceptions, reservations or understandings. If the Offeror fails to do so in writing, the City may determine the Offer to be nonresponsive.

Responsibility: To obtain true economy, the City must conduct solicitations to minimize the possibility of a subsequent default by the Contractor, late deliveries, or other unsatisfactory performance that may result in additional administrative costs. It is important that the Offeror be a responsible Contractor. Responsibility includes the Offeror’s integrity, skill, capacity, experience, and facilities for conducting the work to be performed.

The Procurement Officer will review each Offer to determine if the Offeror is responsible. The

City’s determination as to whether an Offeror is responsible will be based on all information furnished by the Offeror, interviews (if any), and information received from Offeror’s references, including information about Offeror’s history, terminations for convenience or cause, contract breach lawsuits or notices of claim and any other sources the City deems appropriate. Award of the Contract resulting from the solicitation will not be made until any necessary investigation, which each Offeror agrees to permit by submitting its Offer, is made by the City as it deems necessary. A review of responsibility may occur up to contract award.

The Offeror’s unreasonable failure to promptly supply information about an inquiry with respect to responsibility may be grounds for a determination of non-responsibility with respect to such

Offeror.

2.24. Equal Low Offer

Contract award will be made by putting the names of the tied vendors in a cup for a blind drawing limited to those bidders with tied offers. If time permits, the offerors involved will be given an opportunity to attend the drawing. The drawing will be witnessed by at least three persons, and the contract file will contain the names and addresses of the witnesses.

2.25. Evaluation of Competitive Sealed Offers

The City will use its discretion in applying the following processes to this solicitation. Any ties in scoring will be resolved with a best and final price request and the lowest price will prevail.

2.26. Detailed Evaluation of Offers and Determination of Competitive Range

During deliberations, the Evaluation Panel will reach a consensus score for each evaluation criterion except price. The Procurement Officer will score the price, which will be added to the overall consensus score. The overall consensus scores will determine the Offerors’ rankings and which offers are within the Competitive Range, when appropriate.

Total Evaluation Points: 1000 Pts.

Capacity: 330 Pts

Method of Approach: 250 Pts.

Qualifications and Experience: 220 Pts.

Pricing Proposal: 200 Pts.

2.27. Offers Not Within the Competitive Range

The City may notify Offerors of Offers that the City determined are not in the Competitive

Range.

2.28. Discussions with Offerors in the Competitive Range

The City will notify each Offeror whose Offer is in the Competitive Range or made the ‘short list’ and provide in writing any questions or requests for clarification to the Offeror. Each Offeror so notified may be interviewed by the City and asked to discuss answers to written or oral questions or provide clarifications to any facet of its Offer. The Offerors in the competitive range may be required to provide a demonstration of their product.

Demonstrations - Offerors in the competitive range may be invited to construct a hands-on sample or presentation of their solution at the City of Phoenix. In addition, each finalist may prepare and deliver a presentation of their proposed solution based on the script developed by the evaluation panel. The City may also require a hands-on lab demonstration designed specifically for the evaluation panel. The results of the surveys will be tabulated and delivered to the evaluation team for the final review and solution selection session(s).

If an Offer in the Competitive Range contains conditions, exceptions, reservations or understandings to or about any Contract or Solicitation Scope requirement, the City may discuss or negotiate the conditions, exceptions, reservations or understandings during these meetings. But the City in its sole discretion may reject any and all conditions, exceptions, reservations and understandings, and the City may instruct any Offeror to remove the conditions, exceptions, reservations or understandings. If the Offeror fails to do so, the City may determine the Offer is nonresponsive, and the City may revoke its determination that the Offer is in the Competitive Range.

To the fullest extent permitted by law, the City will not provide any information, financial or otherwise, to any Offeror about other Offers received in response to this solicitation. During discussions with Offerors in the Competitive Range, the City will not give Offerors specific prices or specific financial requirements that Offerors must meet to qualify for further consideration.

The City may state that proposed prices are too high with respect to the marketplace or otherwise unacceptable. Offerors will not be told of their relative rankings before Contract award.

2.29. Best and Final Offers (BAFO)

A BAFO is an option available for negotiations. Each Offeror in the Competitive Range, which is determined in the City’s sole discretion, may be afforded the opportunity to amend its Offer and make one BAFO.

If an Offeror’s BAFO modifies its initial Offer, the modifications must be identified in the BAFO.

The City will evaluate BAFOs based on the same requirements and criteria applicable to initial

Offers. The City will adjust appropriately the initial scores for criteria that have been affected by offer modifications made by a BAFO. Based on the criteria defined in the solicitation as weighted, the City will then perform final scoring and prepare final rankings.

The Evaluation Panel will recommend the Offer that is the best value and most advantageous to the City based on the evaluation criteria.

The City reserves the right to make an award to an Offeror whose Offer is the highest rated, best value, and most advantageous to the City based on the evaluation criteria, without conducting written or oral discussions with any Offeror, without negotiations, and without soliciting BAFOs.

3. Scope of Work

3.1. Introduction

The City of Phoenix (the "City") requires professional title and escrow services to support the acquisition, conveyance, and disposition of property rights for City departments. The City intends to award contracts to multiple firms to supplement internal staff. These services include, but are not limited to, title reporting, escrow agency functions, and the issuance of title insurance policies for municipal real estate transactions.

3.2. General Requirements

A. The following general requirements apply to all services performed under this contract.

The Contractor shall:

1. Assign a dedicated Project Manager to the City account who must be available for meetings and status updates upon request.

2. Uphold high standards of professionalism, courtesy, and service in all interactions with property owners, tenants, and City staff.

3. Maintain strict data security and confidentiality regarding City projects, adhering to all local, state, and federal regulations.

a. Maintain full compliance with related requirements in Special Terms and

Conditions, sections 6.24 Confidentiality and 6.25 Data Protection.

4. Notify the City within 1-business day of any delays in meeting turnaround times or deadlines for deliverable services.

5. Acknowledge receipt of all City communications in writing within 1-business day.

6. Include the City’s assigned parcel/project identification number in the subject line of all emails.

7. Maintain accurate and complete records for all assigned tasks and ensure timely submission of required documentation. Make supporting documentation of services available to the City within 5-business days of request.

8. Remediate any deficiencies or errors identified by the City within 5-business days at no additional cost.

3.3. Title Report Services (Class-Specific)

A. The City will email the Contractor requests for report services as needed. The request will indicate which report class(es) the Contractor shall provide.

B. Contractor shall provide all reports billed as a single charge per property owner search including up-to 5 Parcel Numbers (APN's). Reports which require searches of more than

5 APN's shall be approved by the City in advance and if approved will be allowed an additional fee per APN.

C. Requirements applicable to all report classes:

1. Formatted as a searchable Adobe PDF via compressed Zip Folder if necessary, with all supporting documents included.

2. Subject line shall include City Project Name, Parcel Number (APN), REN, Contract

Number and WBS or Cost Center number, and the requesting City Employee’s name.

3. Full report fee shall be credited toward escrow/insurance costs if the report leads to a closed transaction.

D. Class A: Full Title Report / Commitment

1. Turnaround: 10-Business Days

2. Required Content: (updated pursuant to Addendum No. 1)

a. List the full detail including and not limited to all; lien holders, claims, assessments, recorded easements, encumbrances, dedications, and road maps affecting clear title.

b. Legible photocopies of all pertinent documents, plats, and maps.

c. Current Maricopa County property tax status.

d. Arizona Corporation Commission (ACC) printout.

e. Must be formatted as a Commitment for Title Insurance, obligating the firm to issue insurance upon request.

E. Class B: Condemnation / Litigation Guarantee

1. Turnaround: 7-Business Days

2. Required Content: (updated pursuant to Addendum No. 1)

a. Full list of parties with compensable interests of record for eminent domain cases.

b. Current legal mailing addresses for every individual Defendant and statutory agent available through public or official records.

c. Documentation of tax status.

d. Copies of filings with the Corporation Commission, Secretary of State, and

Statutory Agents (including names/addresses).

F. Class C: Condition of Title Report

1. Turnaround: 10-Business Days

2. Required Content:

a. Outline of ownership and encumbrances (no formal "requirements" list).

b. List of all current owners and equitable interest holders.

c. Legal description of the property (Maricopa County Assessor’s tax roll type).

d. Comprehensive list of all liens/encumbrances posted to the title plant and general index.

G. Specialty: Chain of Title / Amended / Updated Reports

1. Turnaround: As indicated in the City’s request.

2. Required Content:

a. Complete Chain of Title reports as requested.

b. An update identifies of any change of record or change in legal description.

c. Copies of all new documents referenced in the update that were not included in the original report.

3.4. Escrow Transaction and Escrow Account Servicing Requirements

A. The Contractor shall act as an impartial escrow agent and provide Escrow Account

Services. Services may be required for transactions Statewide. Contractors shall maintain licensing pursuant to A.R.S. 6-813. (updated pursuant to Addendum No. 1)

B. These services shall meet or exceed the following minimum requirements:

1. Basic Escrow Services

a. Complete Escrow Open upon receipt of purchase contract or lender instructions within 1-business day. Confirm Escrow Open on the same day with all parties by email. NOTE: Escrow Opening is day zero for the following turnaround times.

b. Establish instructions, collect, safeguard, and disburse funds per instructions.

Email instructions to all parties on the same day.

c. Prepare the draft settlement statements for Buyer/Seller and Closing Disclosure when applicable and within 1-business day of closing or as soon as pay-off figures are received from the lender.

d. Coordinate payoff of existing liens, HOA dues, taxes, prorations, and fee allocations.

e. Issue the Closing Protection Letter (CPL) within 1-business day of escrow opening or immediately upon lender request. Deliver via secure email with the title commitment.

f. Prepare the preliminary Title Report / Commitment within 3-5 business days. (updated pursuant to Addendum No. 1)

g. Schedule closing and notify all parties by email of the projected closing date.

h. Obtain all necessary signatures, including corrections to mortgage loan instruments, to ensure defect free marketable title before closing of escrow.

i. Facilitate signing for all parties in-person or through remote/online notarization when legally permitted.

ii. Provide mobile and in-house notary services in the course of signing.

Reimbursement by the City will be provided upon receipt of supporting documentation of the charges paid by the Contractor.

iii. Issue the estimated settlement (buyer/seller closing disclosure) statement at least 1-business day before closing and deliver the final version in the closing package. (updated pursuant to Addendum No. 1)

i. Record applicable legal documents (deed, deed of trust/mortgage, releases) with the County Recorder within 1-business day of the closing date.

j. Disburse funds post-recordation; deliver final closing package to all parties

k. Maintain Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act

(RESPA) Integrated Disclosure rule (TRID) compliance for consumer transactions (e.g., residential loans). Post funds within 1-business day of recording confirmation.

2. Additional Escrow Requirements

a. Disclose any potential conflicts of interest in writing within 1-business day of identification.

b. There shall be no fee or penalty for the cancellation of or changes to any escrow account.

c. Deliver a semi-annual status report detailing all open escrows and funds released.

d. In the event of a title or escrow claim involving a transaction handled by the

Contractor, the Contractor shall provide a litigation guarantee defending all necessary documentation, records, and expert testimony as required to support the City or the Title Insurance Underwriter in the resolution or defense of the claim.

3. Escrow Account Servicing

a. Have established procedures for accepting, securing, and disbursing funds to and from holdback, escrow and construction accounts according to escrow closing instructions.

b. Provide monitoring and account servicing specifically for construction draws, lien waivers, and progress payments when requested.

c. Procedures shall include:

• segregation of duties

• audit procedures (internal or third-party)

• fraud prevention safeguards

• reconciliation and disbursement procedures

• compliance with state/federal financial regulations

3.5. Title Insurance Policy Requirements

A. The Contractor shall provide title insurance policies for the following coverage types in

Arizona.

B. Policies shall ensure compliance with Arizona Department of Insurance, ALTA Best

Practices, and lender requirements.

C. Title Insurance Policies provided shall include:

1. Standard Coverage Policy (Basic Record Defect Protection)

a. Conducting a title search, issuance of commitment, cure of defects, and issuance of policy post-recordation.

b. Delivery of the Title Commitment by email less than 3-business days after escrow open and the Final Standard Coverage Policy is due within 30-calendar days post-recordation.

2. Extended Coverage Policy (Off-Record Condition Protection)

a. Removal of standard exceptions via survey/affidavit and preparation and issuance of extended coverage policy.

b. Delivery of the Extended Coverage Commitment due by email less than 3-business days after escrow open and the Policy and endorsements are due within 45-calendar days post-recordation.

3. Standard Loan Policy (Lender Protection)

a. Preparation of loan commitment and issuance of policy with lender-required endorsements.

b. Delivery of the Loan Commitment due by email less than 3-business days after escrow open and the Final Standard Coverage Policy is due within 30-calendar days post-recordation.

4. Owner Title Policy (Buyer Protection)

a. Preparation of owner’s commitment and issuance of the policy at closing.

b. Delivery of the Owner’s Commitment due by email less than 3-business days after escrow open and the Policy is due within 30-calendar days post-recordation.

5. Homeowners Title Policy (Enhanced Owners Protection for Residential)

a. Confirmation of eligibility and preparation and issuance of the enhanced coverage policy.

b. Delivery of the Homeowners Policy Commitment with expanded coverage due by email less than 3-business days after escrow open and the Policy is due within

30-calendar days post-recordation.

6. American Land Title Association (ALTA) Loan Policy (Lender Protection

Utilizing Standard ALTA Forms)

a. Utilization of current ALTA forms and preparation and issuance of the policy with endorsements.

b. Delivery of the ALTA Loan Commitment due by email less than 3-business days after escrow open and the Policy is due within 30-calendar days post-recordation.

7. Combined ALTA Policies (simultaneous issuance of Owner and Loan policies)

a. Coordination of simultaneous issuance of Owner and Loan policies.

b. Delivery of the Owner & Loan Commitments due by email less than 3-business days after escrow open and the Final Policies are issued together within 30-calendar days post-recordation.

4. Offer Evaluation Criteria

In accordance with the Administrative Regulation 3.10, Competitive Sealed Proposal awards shall be made to the responsive and responsible Offeror(s) whose Offer is determined in writing to be the most advantageous to the City based upon the evaluation criteria listed below.

The evaluation factors are listed in the relative order of importance and more details are provided in Scope of Work. The Weight (Points) for each Evaluation Criteria are the maximum points that may be assigned for that Criteria. The following evaluation criteria will be used to evaluate all Offers:

No. Evaluation Criteria Scoring Method Weight (Points)

1. Capacity – Technical Accuracy of Title

Reports

Provide samples of reports that demonstrate your ability to meet requirements for Class A, B, C, and

Specialty (Chain of Title / Amended /

Updated Reports) title reports ensuring:

• required content accuracy and completeness

• clear organization and formatting quality

• inclusion of all required supporting documents

• compliance with metadata and PDF formatting standards

Reference Section 3. Scope of Work, 3.3.B. - G.

0-100 Points 90 (9% of Total)

2. Capacity – Title Report Turnaround

Processing

Describe your firm’s capacity and ability to meet required turnaround times for all report classes. Include:

• workflow or staffing charts

• strategies for managing report volume

• tools or systems used for scheduling and deadline tracking

Reference Section 3. Scope of Work, 3.3.D. - G.

0-100 Points 80 (8% of Total)

3. Capacity - Basic Escrow Processing

Describe your firm’s capacity and ability to meet required turnaround times for basic escrow processing. Include:

• workflow or staffing charts

• strategies for managing escrow project volume

• tools or systems used for scheduling and deadline tracking

Reference Section 3. Scope of Work, 3.4.B.1.

0-100 Points 80 (8% of Total)

4. Capacity – Title Insurance Policy

Compliance

Provide sample title insurance commitments and final policies that demonstrate your ability to provide following policy types:

• Standard Coverage Policy

• Extended Coverage Policy

• Standard Loan Policy

• Owner’s Title Policy

• Homeowners Title Policy

• ALTA Loan Policy

• Combined ALTA Owner and Loan

Policies

Reference Section 3. Scope of Work, 3.5.A

– C.

0-100 Points 80 (8% of Total)

5. Method of Approach – Quality Control &

Error Correction Plan

A. Provide a narrative describing your approach to ensuring ongoing quality control and timely error correction.

B. Provide a written quality assurance plan describing:

• processes for identifying errors or title defects

• review and verification steps

• procedures for correcting deficiencies

• internal supervisory or escalation processes

• technology or tools supporting quality control

Reference Section 3. Scope of Work, 3.2.A.7 & .8. and 3.4.1.h

0-100 Points 50 (5% of Total)

6. Method of Approach – Escrow Closing

Workflow & Timeliness

Describe your approach and include any workflow charts that demonstrate your plan to ensure the timely completion of Basic

Escrow processes as they pertain to the

City's needs.

Reference Section 3. Scope of Work, 3.4.B.1 & 2

0-100 Points 100 (10% of Total)

7. Method of Approach – Escrow Financial

Controls & Integrity

Provide a narrative that describes your plan and processes for maintaining compliance with legal and procedural requirements for escrow financial controls as they pertain to the City's needs.

Reference Section 3. Scope of Work, 3.4.B.3.

0-100 Points 100 (10% of Total)

8. Qualifications & Experience – Project

Management & Staffing Expertise

A. Provide a resume, list of qualifications, and narrative for the proposed Project

Manager, demonstrating:

• minimum 5 years of Arizona title/escrow experience

• required certifications and AZ licensing

• experience with municipal acquisitions, complex transactions, or eminent domain

B. Provide résumés of all key personnel supporting the projected workload:

• minimum 5 years of relevant experience

• required certifications and AZ licensing

• specialized expertise (e.g., litigation guarantees, ALTA policy issuance)

0-100 Points 110 (11% of Total)

9. Qualifications & Experience –

Comparable Government Support

Provide three (3) or more comparable accounts supported in the last 5 years for government or large public-sector clients.

Include:

• project scope and complexity

• deliverables provided (reports, escrow, insurance)

• turnaround time performance

• relevance to City of Phoenix needs

0-100 Points 110 (11% of Total)

10. Pricing Proposal Reward Low Cost 200 (20% of Total)

5. Standard Terms and Conditions

5.1. Definition of Key Words Used in the Solicitation

Shall, Will, Must: Indicates a mandatory requirement. Failure to meet these mandatory requirements may result in the rejection of Offer as non-responsive.

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

May: Indicates something that is not mandatory but permissible.

For purposes of this solicitation, the following definitions will apply:

“A.R.S.” Arizona Revised Statute

“Buyer” or “Procurement Officer” City of Phoenix staff person responsible for the solicitation.

The City employee or employees who have specifically been designated to act as a contact person or persons to the Contractor, and responsible for monitoring and overseeing the

Contractor's performance under this contract.

"City" The City of Phoenix

"Contractor" The individual, partnership, or corporation who, as a result of the competitive process, is awarded a contract by the City of Phoenix.

"Contract” or “Agreement" The legal agreement executed between the City of Phoenix, AZ and the Contractor.

“Days” Means calendar days unless otherwise specified.

“Chief Procurement Officer” The contracting authority for the City of Phoenix, AZ, authorized to sign contracts and amendments thereto on behalf of the City of Phoenix, AZ.

“Employer” Any individual or type of organization that transacts business in this state, that has a license issued by an agency in this state and employs one or more employees in this state.

Employer includes this state, any political subdivision of this state and self-employed persons. In the case of an independent contractor, employer means the independent contractor and does not mean the person or organization that uses contract labor. (A.R.S. 23-211).

“Offer” Means a response from a Supplier, Contractor, or Service Provider to a solicitation request that, if awarded, binds the Supplier, Contractor, or Service Provider to perform in accordance with the contract. Same as bid, proposal, quotation or tender.

“Offeror” Any Vendor, Seller or Supplier submitting a competitive offer in response to a solicitation from the City. Same as Bidder or Proposer.

“Solicitation” Means an Invitation for Bid (IFB), Request for Proposal (RFP), Request for

Quotations (RFQ), Request for Qualifications (RFQu) and request for sealed Offers, or any other type of formal procurement which the City makes public through advertising, mailings, or some other method of communication. It is the process by which the City seeks information, proposals, Offers, or quotes from suppliers.

“S…