Traffic_Signal_&_Street_Lighting_Poles.pdf

CITY OF TUCSON

INVITATION FOR BID

270102

TRAFFIC SIGNAL & STREET LIGHTING POLES

Due Date: Tuesday, August 11, 2026

City of Tucson

255 W Alameda St

Tucson, AZ 85701

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

Public Portal https://secure.procurenow.com/portal/tucson-az/projects/261240

PUBLISH DATE: July 21, 2026 https://secure.procurenow.com/portal/%7Bproject.government.code%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D

CITY OF TUCSON INVITATION FOR BID NO. 270102

BUSINESS SERVICES DEPARTMENT Page 2 of 35 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Maritza Felix

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-4107

Attachments:

A - Offer and Acceptance Page E - IFB 270102 Shop Drawings F - IFB 270102 Price Page

BUSINESS SERVICES DEPARTMENT Page 3 of 35

A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF INVITATION FOR BID NO 270102

TITLE: Traffic Signal & Street Lighting Poles

PRE-BID MEETING DATE: Monday, August 3, 2026

TIME: 10:00 am LOCAL AZ TIME

LOCATION: PRE-BID MEETING LINK

Meeting ID: 213 052 055 476 855 Passcode: cu7L2Br2

Call in #: 1-213-293-2303 Conference ID: 774 133 90#

BID DUE DATE: Tuesday, August 11, 2026

TIME: 2:00 P.M. LOCAL AZ TIME

LOCATION: BID OPENING LINK

Meeting ID: 272 049 910 765 263 Passcode: DK3fr3wL

Call in #: 1-213-293-2303 Conference ID: 137 887 644#

QUESTIONS SHALL BE DIRECTED TO:

Maritza Felix

(520) 837-4107 maritza.felix@tucsonaz.gov

Posted Date: Tuesday, July 21, 2026

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

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

https://teams.microsoft.com/meet/213052055476855?p=zIRhGEECkNv6kyZsGS https://teams.microsoft.com/meet/272049910765263?p=6vsM2tmRvelVJ6Xtku

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B. INTRODUCTION

B.1. Summary

The City of Tucson is requesting bids from firms to provide Traffic Signal and Street Lighting Poles, as per specifications, to be delivered to Traffic Stores/Central Stores and various other regional public agencies. The City of Tucson’s overall usage for the materials in this request for proposal is estimated to be approximately $400,000 per year.

B.2. Contact Information

Maritza Felix Senior Contract Officer Email: maritza.felix@tucsonaz.gov Phone: (520) 837-4107 Department:

Transportation & Mobility

B.3. Timeline mailto:maritza.felix@tucsonaz.gov tel:(520)837-4107

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Issue Date July 21, 2026

Pre-Submittal Meeting (Non- Mandatory)

August 3, 2026, 10:00am

Virtual Teams Meeting

Question Submission Deadline August 4, 2026, 3:00pm

Submittal Due Date August 11, 2026, 2:00pm

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C. SCOPE OF WORK

C.1. GENERAL REQUIREMENTS

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

2 DEFECTIVE PRODUCTS: All defective products shall be replaced and exchanged by the Contractor. The cost of transportation, unpacking, inspection, re-packing, re-shipping or other like expenses shall be paid by the Contractor. All replacement products must be received by the City within seven (7) days of initial notification.

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

C.2. TECHNICAL REQUIREMENTS

1. REFERENCED MATERIAL: Where reference is made to “Subsection...” or “Section...” it shall be understood to refer to “Pima Association of Governments (PAG) 2015 Standard Specifications and Details for Public Improvements, which can be obtained at the following site: https://apps.pagregion.com/standardspecifications/

2. STANDARD STEEL POLES (reference subsection 731-2.02)

(A) General. Standard steel poles for traffic signals and street lighting shall include pole shafts, pole bases, hand hole covers, pole top caps, and pole extensions.

Material standards for traffic signal and lighting supports shall be in conformance with all specifications stated in paragraph 2 of the Specifications of this Invitation for Bid. All pole supports shall be designed to withstand 70 m.p.h. winds unless otherwise specified. The type K and R poles shall be designed to withstand 80 m.p.h. winds. Metal parts of standard steel poles and hardware shall conform to the details shown on the plans and the following specifications and they shall be fully galvanized in accordance with ASTM A 123, unless otherwise specified. Welding shall conform to the requirements of Subsection 604-3.06.

(B) Pole Shafts. Tapered pole shafts shall be fabricated from sheet steel of weldable grade which shall meet or exceed the minimum strength requirements of ASTM A 36, for all poles except the type K and R poles. The type K and R poles shall be constructed form sheet steel that has a minimum yield stress, after fabrication, of 48,000 psi. A taper rate of .014 inches in diameter per linear foot shall be required unless otherwise specified. Pole shafts shall be galvanized in accordance with the requirements of ASTM A 123. Pole shafts shall be fabricated according to the gauge and strength requirements shown on the plans and/or the Agency’s Standard Drawings or Standard Details.

Hand holes in the base of the poles shall conform to the details shown on the Agency’s Standard Drawings or Standard Details. All welds shall be continuous and any exposed welds, except fillet welds, shall be ground flush with the base metal.

https://apps.pagregion.com/standardspecifications/

BUSINESS SERVICES DEPARTMENT Page 7 of 35

A metal tag shall be permanently attached to the pole above the hand hole stating the manufacturer’s name, pole type per the Agency’s Standard Drawings or Standard Details reference number, pole drawing number, shaft length, gauge number, and year.

(C) Steel Pole Extensions and Twin Luminaire Brackets. Pole extensions and twin luminaire brackets shall be fabricated from new pipe conforming to the requirements of ASTM A 53. All welding shall conform to the requirements of Subsection 604-3.06. Pole extensions and twin luminaire brackets shall be fully galvanized in accordance with the requirements of ASTM A 123. Fabrication of the pole extensions and twin luminaire brackets shall be in accordance with the dimensions as specified in the Agency’s Standard Drawings or Standard Details.

(D) Standard Bases. Poles shall have standard bases unless break-away or slip-away bases are specified. Standard bases shall be fabricated from structural steel plates conforming to the minimum strength requirements of ASTM A 36. Exposed surfaces shall be finished smooth and all exposed edges shall be neatly rounded to a 1/8-inch radius. Standard bases shall be galvanized with the requirements of ASTM A 123.

3. TYPE 2 STREET LIGHTING POLES (Reference subsection 731-2.05)

The Type 2 street lighting pole shall be a single-assembled unit consisting of the pole shaft, tapered mast arm, pipe arm end, and base plate. Poles to be furnished shall be of the design ad dimensions shown on the Agency’s standard drawings or standard details.

The unit components shall be fabricated from sheet steel of a weldable grade according to the gauge and strength requirements shown on the Agency's standard drawings or standard details.

Hand holes in the base of the pole shaft shall conform to the details shown on the Agency's standards drawings or standard details. All welds shall be continuous and any exposed welds, except fillet welds, shall be ground flush with the base metal.

A Metal tag shall be permanently attached to the pole shaft above the hand hole stating the manufacturer's name, pole type per the Agency's standard drawings or standard details reference number, pole drawing number, shaft length, tapered arm length, gauge number, and year.

4. TYPE 3, 4, XXA, XXB STREET LIGHTING POLES AND MAST ARMS

(Reference subsection 731-.06)

Type 3 and 4, XXA, XXB street Lighting Poles with Special Architectural Coating. Painted. As specified at time of order (CONCRETE AGGREGATE or DESERT Sandstone FINISH) The type 3 and 4, XXA, XXB street lighting poles shall include the base plate, hand hole, and pipe arm end. Poles furnished shall be of the design and dimensions shown on the Agency’s standard drawings or standard details.

Type 3 and 4, XXA, XXB street lighting poles shall be fabricated from sheet steel of weldable grade according to the gauge and strength requirements shown on the Agency’s standard drawings or standard details.

The architectural coating for the Type 3 and 4, XXA, XXB poles shall conform to the following requirements:

The exterior steel surface is blast cleaned to Steel Structures Painting Council Surface Preparation Specification No. 6 (SSPC-SP6) requirements utilizing cast steel abrasives conforming to the Society of

BUSINESS SERVICES DEPARTMENT Page 8 of 35

Automotive Engineers (SAE) Recommended Practice J827. The Blast method used is a recirculating, closed cycle centrifugal wheel system with abrasive conforming to SAE Shot Number S280.

All accessible interior surfaces are coated with a lead and chromate free red oxide rust inhibitive alkyd primer to a minimum dry film thickness of 1.0 mils. The coating is cured by heating the steel substrate to a minimum of 350 degrees F and a maximum of 400 degrees F.

All exterior surfaces are prime coated with a Urethane Polyester Powder to a minimum dry film thickness of

2.0 mils. The coating is electrostatically applied and cured by heating the substrate in a convection oven to a minimum of 350 degrees F and maximum of 400 degrees F.

The powder primed exterior surfaces are coated with multi (4) colored, synthetic resins (terpolymer chemistry process) suspended independently in an aqueous solution. The colors employed in each coating vary in article size and volume to obtain a textured, three-dimensional (depth) effect. The substrate must be heated to a minimum of 40 degrees F prior to coating application and air temperature maintained above freezing for the coating to cure.

5. MAST ARMS (Reference subsection 731-2.07)

All mast arms shall be straight and true.

Mast arms for mast and standard steel poles, that are not tapered, shall be fabricated from two-inch (2”) Schedule 40 steel pipe, as specified in ASTM A53, and shall conform to the dimensions shown on the Agency’s Standard Drawings or Standard Details. The pipe shall be one piece and free from burrs.

Tapered mast arms shall be fabricated from sheet steel conforming to the requirements of ASTM A 36, except for the type K and R pole mast arms. The mast arms for the type K and R poles shall be constructed of sheet steel with a minimum yield stress of 48,000 psi after fabrication. Mast arms shall be fabricated according to the gauge requirements shown in the Agency’s Standard Drawings or Standard Details. A taper rate of 0.14 inches change in diameter per linear foot shall be required unless otherwise specified. All bolts, washers, and nuts for mast arms shall be fabricated from steel confirming to the requirements of ASTM A-325 and shall be galvanized in accordance with the requirements of ASTM 153.

All mast arms shall be true and square with the mounting butt plate.

Mast arms shall be bent to the dimensions and curvature shown in the Agency’s Standard Drawings or Standard Details.

Mast arms shall be galvanized in accordance with the requirements of ASTM A 123.

All mast arms shall have a metal tag permanently attached on the side to the mast arm near the base stating the manufacturer’s name, pole type as required in the Agency’s Standard Drawings or Standard Details, mast arm or pole drawing number, length, and gauge number.

MAST ARM INFORMATION TABLE:

LENGTH. RISE GA. “D1” MIN. “D2” MIN. GA. “D1 & D2” MIN.

6’ 2’ - 0” 11 3 1/4” ----------------- 10 3 - 3/8” 8’ 2’ -6” 11 3 1/2” ----------------- 10 3 - 5/8”

10’ 3’ -4” 11 3 - 13/16” ----------------- 10 3 - 7/8” 12’ 4’ -3” 11 4 - 1/16” 4 - 15/16” 10 4 - 5/16” 15’ 4’ -9” 11 4 - 1/4” 5 - 5/16” 10 4 - 3/4”

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18’ 5’ -9” 11 5 - 3/4” 5 - 13/16” 10 5 - 3/16” 20’ 5’ -9” 7 5 - 1/4” 5 - 1/4” 7 5 - 1/4”

Reference TS Drawing 4-6 or 4-7 “Mast Arm Information” Table for steel gage, rise, and mast arm tapper dimensions.

All mast arms shall be true and square with the mounting butt plate.

Mast arms shall be bent to the dimensions and curvature shown in the Agency’s Standard Drawings or Standard

Details.

Mast arms shall be galvanized in accordance with the requirements of ASTM A 123.

All mast arms shall have a metal tag permanently attached on the side of the mast arm near the base stating the manufacturer’s name, pole type as required in the Agency’s Standard Drawings or Standard Details, mast arm or pole drawing number, length, and gauge number.

MAST ARM BID INFORMATION NOTES:

NOTES FOR ITEMS 38 AND 39:

Bid items number 38 and 39 inclusive are for Signal and Luminaire Arms for type E, F,G, and Type 1 poles and Luminaire Mast Arms for Q and R poles.

All Mast Arms except 6’, 8’, and 10’ shall be drilled for 7/16-inch traffic signal safety bolts as per TS Drawing 4-5 or 4-6 or 4-7, Detail “B”

Reference TS Drawing 4-5 or 4-6 or 4-7 Detail “A” for butt plate dimensions and mounting bolt specifications.

NOTES FOR ITEMS 8-11 and item 44:

Bid item numbers 8 through 11 and item 44 are Signal Mast Arms for type J and Type Q poles.

Reference TS Drawing 4-10 Detail “A” or 4-12 Detail “C” for butt plate dimensions and drawing notes for mounting bolt specifications.

Reference TS Drawing 4-10 or 4-12 “Mast Arm Information” Table for steel gage and mast arm tapper dimensions.

Reference TS Drawing 9-1 for Signal Tenon Mounting Details. Location of the inboard tenons shall be given from the center of the outboard tenon as shown on TS Drawing 9-1.

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NOTES FOR ITEMS 13 THROUGH 15:

Bid item numbers 13 through 15 inclusive are Signal Pole Mast Arms for Type R and type K poles.

Reference TS Drawing 4-11 Detail “A” or 4-13 Detail “C” for butt plate dimensions and drawing notes for mounting bolt specifications.

Reference TS Drawing 4-11 or 4-13 “Mast Arm Information” Table for steel gage and mast arm tapper dimensions.

Reference TS Drawing 9-1 for Signal Tenon Mounting Details. Location of the inboard tenons shall be given from the center of the outboard tenon as shown on TS Drawing 9-1

All Signal Mast Arms from 15’ to 55’ shall be drilled for 7/16-inch traffic signal safety bolts as per TS Drawing 4-5 or 4-6 or 4-7, Detail “B” with 8 inch tip of mast arm straight and horizontal.

C.3. SHOP DRAWINGS

See attachment for detailed shop drawings.

BUSINESS SERVICES DEPARTMENT Page 11 of 35

D. INSTRUCTION TO OFFERORS

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

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

City: The City of Tucson, Arizona.

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

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

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

Business Services Director: The contracting authority for the City authorized to sign contracts and addenda thereto on behalf of the City.

May: Indicates something that is not mandatory but permissible.

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

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

Must: The action or condition is required.

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

D.2. INQUIRIES

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

D.3. 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.

BUSINESS SERVICES DEPARTMENT Page 12 of 35

D.4. ADDENDUM OF SOLICITATION

Solicitation Addenda will be posted on the City’s link to the online bidding website. Offeror is responsible for checking the webpage regularly for new solicitation addenda and must acknowledge each addendum to this solicitation in its submittal. Please note that vendors who have registered with the Business Services Department at https://procurement.opengov.com/portal/tucson-az website and follow the City of Tucson will receive email notifications of solicitation addenda.

D.5. UNDERSTANDING SCOPE OF WORK

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

D.6. PREPARATION OF SUBMITTAL

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

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

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

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

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

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

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

H. Cost of Preparation. The City will not reimburse Offeror for the cost of developing, presenting, submitting or providing any response to this solicitation.

I. Subcontractors. Offeror must, in their submittal, list any subcontractors that it will utilize in the performance of the Contract if they are awarded the Contract and must describe their qualifications in detail.

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

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

D.7. PAYMENT DISCOUNTS

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

D.8. TAXES

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

D.9. BID/SUBMITTAL FORMAT

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

D.10. PUBLIC RECORD

Any documents submitted by Offeror in response to this solicitation will become the property of the City.

Except as set forth below with respect to Confidential Information, the Submittal will be deemed to be a public record available for review by the public after the award notification.

D.11. CONFIDENTIAL INFORMATION

The City is obligated to abide by the Arizona Public Records Law, A.R.S. §§ 39-101 through 39-161. If Offeror believes that any portion of its proposal, offer, specification, protest or correspondence contains information that is confidential and subject to being withheld from disclosure in the event that the City receives a public records request to which the record is responsive, Offeror must, when the record is submitted, provide the Contract Officer written notification of that fact. The records or portions of records that Offeror wishes to be treated as confidential must also be clearly marked “CONFIDENTIAL” on their face. Pricing will not be treated as confidential.

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

BUSINESS SERVICES DEPARTMENT Page 14 of 35 jurisdiction prohibiting the City from releasing the records, the City may release the records without any liability to Offeror.

D.12. CERTIFICATION OF NONCOLLUSION; CONFLICTS OF INTEREST

By submitting a response, Offeror warrants that:

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

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

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

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

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

D.13. WHEN AND HOW TO SUBMIT BIDS

In order to be considered, Offeror must, no later than the Offer Submittal Deadline, submit its Offer electronically through the City’s online bidding system, https://procurement.opengov.com/portal/tucson-az

NOTE: THE ENTIRE OFFER MUST BE IN "“SUBMITTED"” STATUS IN THE CITY’S ONLINE

BIDDING SYSTEM IN ORDER TO BE CONSIDERED. RESPONSES THAT HAVE BEEN CREATED

IN THE SYSTEM, BUT THAT ARE NOT IN "“SUBMITTED"” STATUS BY THE OFFER SUBMITTAL

DEADLINE WILL NOT BE CONSIDERED.

D.14. OFFER AND ACCEPTANCE PERIOD

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

D.15. WITHDRAWAL OF SUBMITTAL; BINDING OFFER

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

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

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D.16. DISCUSSIONS/CLARIFICATIONS

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

D.17. TAX OFFSET POLICY

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

D.18. VENDOR REGISTRATION; BUSINESS LICENSE

In order to be eligible for award of a Contract, Offeror must:

A. Register with the City’s Business Services Department. Registration can be completed at https://procurement.opengov.com/portal/tucson-az by clicking on Vendors, Registration for Purchase Orders and Registration for Notification of Solicitations. Please note that email notifications of newly published solicitations and addenda will be provided to those vendors that select email as their preferred delivery method in their vendor record.

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

D.19. UPON NOTICE OF INTENT TO AWARD

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

D.20. AWARD OF CONTRACT

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

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

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

1. waive any immaterial defect or informality; or

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

3. reissue an Invitation for Bid.

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

BUSINESS SERVICES DEPARTMENT Page 16 of 35 separate Contract. All of the terms and conditions of the Contract are contained in the Invitation for Bid, unless any of the terms and conditions are modified by an IFB Amendment, a Contract Amendment, or by mutually agreed terms and conditions in the Contract documents.

D.21. BID RESULTS

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

D.22. PROTESTS

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

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

B. The signature of the protestant or its representative;

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

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

E. The form of relief requested.

BUSINESS SERVICES DEPARTMENT Page 17 of 35

E. SPECIAL TERMS AND CONDITIONS

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

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

E.2. DEFECTIVE PRODUCT

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

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

E.3. ESTIMATED QUANTITIES

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

E.4. FOB DESTINATION FREIGHT PREPAID

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

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

E.5. INVENTORY

The City of Tucson has an ongoing requirement for the material indicated in this solicitation. The Contractor shall maintain a reasonable stock on hand for delivery upon request.

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

BUSINESS SERVICES DEPARTMENT Page 18 of 35

E.6. LIVING WAGE REQUIREMENTS

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

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

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

E.7. MULTIPLE AWARDS

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

E.8. PRICE ADJUSTMENT

The City will review fully documented requests for price adjustment after any Contract has been in effect for one (1) year. Any price adjustment will only be made at the time of Contract renewal and/or extension and will be a factor in the extension review process. The City will determine whether the requested price adjustment or an alternate option, is in the best interest of the City. Any price adjustment will be effective upon the effective date of the Contract extension.

E.9. TERM AND RENEWAL

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

E.10. WARRANTY

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

https://codelibrary.amlegal.com/codes/tucson/latest/tucson_az/0-0-0-21930 https://www.tucsonaz.gov/Departments/Business-Services-Department/Procurement/Living-Wage https://www.tucsonaz.gov/Departments/Business-Services-Department/Procurement/Living-Wage

BUSINESS SERVICES DEPARTMENT Page 19 of 35

F. INSURANCE REQUIREMENTS

F.1. The Contractor agrees to:

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

B. The Commercial General Liability, Commercial Automobile Liability and umbrella policies where applicable will include the City as an additional insured with respect to liability arising out of the performance of this contract. Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract. The Contractor agrees that the insurance hereunder will be primary and that any insurance carried by the City will be excess and not contributing.

C. Provide and maintain minimum insurance limits as applicable.

F.2. Required Insurance Policies

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

F.3. Commercial General Liability

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

Each Occurrence: $1,000,000

General Aggregate: $2,000,000

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

Personal and Advertising Injury: $1,000,000

Blanket Contractual Liability: $1,000,000

F.4. Commercial Automobile Liability

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

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

Policy must have coverage limits no lower than:

Per Occurrence: Statutory

Employer's Liability: $1,000,000

BUSINESS SERVICES DEPARTMENT Page 20 of 35

Disease Each Employee: $1,000,000

Disease Policy Limit: $1,000,000

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

F.6. Claims Made Insurance Coverage

If any or part of the required insurance is written on a claims-made basis, any policy retroactive date must precede the date of the contract and the Contractor must maintain such coverage for a period not less than three (3) years following contract expiration, termination or cancellation.

F.7. Additional Insurance Requirements

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

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

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

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

F.8. Policy Change Notice

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

F.9. Additional Insured

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

BUSINESS SERVICES DEPARTMENT Page 21 of 35

F.10. Acceptability of Insurers

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

F.11. Verification of Coverage

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

All certificates and endorsements are to be received and approved by the City of Tucson before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work and remain in effect for the duration of the contract and two (2) years after completion. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal upon the City’s request, is a material breach of contract.

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

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

F.12. Subcontractors

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

F.13. Exceptions

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

BUSINESS SERVICES DEPARTMENT Page 22 of 35

G. STANDARD TERMS AND CONDITIONS

G.1. ACCEPTANCE

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

G.2. ADVERTISING

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

G.3. APPLICABLE LAW

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

G.4. ARBITRATION

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

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

G.5. ASSIGNMENT

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

G.6. CHILD/SWEAT-FREE LABOR POLICY

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

G.7. COMMENCEMENT OF WORK

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

BUSINESS SERVICES DEPARTMENT Page 23 of 35

G.8. COMPLIANCE WITH LAWS

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

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

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

2. In addition to any other rights and remedies in this Agreement, the City may exercise the following remedies if the Contractor breaches this section or fails to comply with any provision of the ADA:

a. The City may require the Contractor to remediate within 30 days at the Contractor’s expense,

b. The City may terminate the contract without penalty, or

c. The City may perform any necessary testing and/or remediation and deduct the actual cost from any outstanding payments to the Contractor or seek reimbursement for the actual cost from the Contractor.

3. As a courtesy and for convenience, the City is providing this link for the VPAT template:

https://www.itic.org/policy/accessibility/vpat. The most updated template for WCAG compliance must be downloaded, completed, and returned to the City with Contractor submissions.

B. Workers’ Rights Laws. Contractor will comply with all applicable provisions of Federal and State Child Labor and Workers’ Rights laws and agrees if called upon to affirm in writing that they and any subcontractors working under this Contract are in compliance.

G.9. CONFIDENTIALITY OF RECORDS

Contractor will establish and maintain procedures to ensure that no information contained in its records or obtained from the City or from others in carrying out its functions under this Contract is used or disclosed by it, its agents, officers, or employees, except as required to efficiently perform its duties under the Contract, and will take appropriate measures to protect any personal identifying information of any individuals.

G.10. CONFLICTS OF INTEREST

The City may terminate this Contract without penalty or further obligation pursuant to A.R.S. § 38-511 if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of the City is or becomes, at any time while the Contract or any extension of the Contract is in effect, an employee of, or a contractor to, Contractor with respect to the subject matter of this Contract. Termination will be effective when written notice from the City's Business Services Director is received by Contractor, unless the notice specifies a later time.

https://www.itic.org/policy/accessibility/vpat

BUSINESS SERVICES DEPARTMENT Page 24 of 35

G.11. CONTRACT ADDENDA; ADDITIONAL WORK

This Contract may only be amended by a written agreement signed by the parties. The City’s Business Services Director or their designee may, on behalf of the City (1) approve and execute any addenda, change orders, or supplemental written agreements; and (2) grant time extensions or contract renewals. Except in the case of a documented emergency, Contractor will not perform any work under this Contract that exceeds the scope of work or contract amount unless a formal addendum or change order has first been approved and executed by the City.

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

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

G.13. DELIVERABLES PROPERTY OF CITY; NO LIENS

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

All deliverables supplied to the City under this Contract will be free of all liens and encumbrances.

G.14. DUPLEXED/RECYCLED PAPER

Whenever practicable, all printed materials produced by Contractor in the performance of this Contract will be duplexed (two-sided…