HomeMy WebLinkAboutC2025-019 West Coast Arborists - signed1
Contract No. 2025-019
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
WEST COAST ARBORISTS, INC.
THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the
“Town”), and West Coast Arborists, Inc., an Arizona corporation (the “Contractor”).
RECITALS
A. After a competitive procurement process (RFP# 24-087), the City of Tempe
(“City”) entered into Contract No. T24-087-01, dated May 10, 2024, for the Contractor to provide
“Tree Care and Maintenance Services”, Exhibit A. A copy of the City Contract is incorporated
herein by reference, to the extent not inconsistent with this Agreement.
B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make
purchases under the City Contract, at its discretion and with the agreement of the awarded
Contractor, and the City Contract permits its cooperative use by other public entities, including the
Town.
C. The Town and the Contractor desire to enter into this Agreement for the purpose of
(i) acknowledging their cooperative contractual relationship under the City Contract and this
Agreement, (ii) establishing the terms and conditions by which the Contractor may provide the
Town with “Tree Care and Maintenance Services” (the “Materials and Services”), and (iii) setting
the maximum aggregate amount to be expended pursuant to this Agreement related to the Materials
and Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Contractor hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective as of the date of execution
and attested to by the Town Clerk pursuant to Section 3-3-31 of the Town Code, shall remain in
full force and effect until June 30, 2025. (the “Initial Term”), unless terminated as otherwise
provided in this Agreement or the City Contract. After the expiration of the Initial Term, this
Agreement may be renewed for up to four successive one-year terms (the “Renewal Term”) if: (i)
it is deemed in the best interests of the Town, subject to availability and appropriation of funds for
renewal in each subsequent year, (ii) the term of the City Contract has not expired or has been
extended, (iii) at least 30 days prior to the end of the then-current term of this Agreement, the
Contractor requests, in writing, to extend this Agreement for an additional one-year term and (iv)
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the Town approves the additional one-year term in writing (including any price adjustments
approved as part of the City Contract), as evidenced by the Town Manager’s signature thereon,
which approval may be withheld by the Town for any reason. The Contractor’s failure to seek a
renewal of this Agreement shall cause this Agreement to terminate at the end of the then-current
term of this Agreement; provided, however, that the Town may, at its discretion and with the
agreement of the Contractor, elect to waive this requirement and renew this Agreement. The Initial
Term and any Renewal Term(s) are collectively referred to herein as the “Term.” Upon renewal,
the terms and conditions of this Agreement shall remain in full force and effect.
2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement for
Materials and Services under the terms and conditions of the City Contract. The Town does not
guarantee that any minimum or maximum number of purchases will be made pursuant to this
Agreement. Purchases will only be made when the Town identifies a need and proper authorization
and documentation have been approved. For purchase(s) determined by the Town to be appropriate
for this Agreement, the Contractor shall provide the Materials and Services to the Town in such
quantities and configurations agreed upon between the parties, in a written invoice, quote, work
order or other form of written agreement describing the work to be completed (each, a “Work
Order”). Each Work Order approved and accepted by the parties pursuant to this Agreement shall
(i) contain a reference to this Agreement and the City Contract and (ii) be attached hereto as Exhibit
B and incorporated herein by reference. Work Orders submitted without referencing this
Agreement and the City Contract will be subject to rejection.
2.1 Inspection; Acceptance. All Materials and Services are subject to final
inspection and acceptance by the Town. Materials failing to conform to the requirements of this
Agreement and/or the City Contract will be held at Contractor’s risk and may be returned to the
Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of a
non-conforming Materials or Services, the Town may elect to do any or all of the following by
written notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or
(iii) bring the Materials or Services into compliance and withhold the cost of same from any
payments due to the Contractor.
2.2 Cancellation. The Town reserves the right to cancel Work Orders within a
reasonable period of time after issuance. Should a Work Order be canceled, the Town agrees to
reimburse the Contractor, but only for actual and documentable costs incurred by the Contractor
due to and after issuance of the Work Order. The Town will not reimburse the Contractor for any
costs incurred after receipt of Town notice of cancellation, or for lost profits, shipment of product
prior to issuance of Work Order or for anything not expressly permitted pursuant to this Agreement.
3. Compensation. The Town shall pay Contractor for the Term amount not to exceed
$50,000 for the Materials and Services at the rates set forth in Exhibit A. The aggregate amount
per renewal term shall not exceed $50,000 in any case unless the Agreement is affirmed and ratified
via an executed amendment. All remaining terms and conditions of the Agreement shall remain in
full force and effect.
4. Payments. The Town shall pay the Contractor monthly (and the Contractor shall
invoice monthly), based upon acceptance and delivery of Materials and/or Services performed and
completed to date, and upon submission and approval of invoices. Each invoice shall (i) contain a
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reference to this Agreement and the City Contract and (ii) document and itemize all work
completed to date. The invoice statement shall include a record of materials delivered, time
expended, and work performed in sufficient detail to justify payment. Additionally, invoices
submitted without referencing this Agreement and the City Contract will be subject to rejection
and may be returned. All invoices and statements shall be emailed to
accountspayable@fountainhillsaz.gov.
5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are
complying with the warranty under Section 6 below, Contractor’s and its subcontractors’ books,
records, correspondence, accounting procedures and practices, and any other supporting evidence
relating to this Agreement, including the papers of any Contractor and its subcontractors’
employees who perform any work or services pursuant to this Agreement (all of the foregoing
hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or
reproduction during normal working hours by the Town, to the extent necessary to adequately
permit evaluation of the Contractor’s and its subcontractors’ compliance with the Arizona
employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to
audit Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights
to keep such Records confidential. For the purpose of evaluating or verifying such actual or
claimed costs or units expended, the Town shall have access to said Records, even if located at its
subcontractors’ facilities, from the effective date of this Agreement for the duration of the work
and until three years after the date of final payment by the Town to Contractor pursuant to this
Agreement. Contractor and its subcontractors shall provide the Town with adequate and
appropriate workspace so that the Town can conduct audits in compliance with the provisions of
this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of
intended audits. Contractor shall require its subcontractors to comply with the provisions of this
Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement.
6. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-
4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws
and regulations that relate to their employees and their compliance with the E-verify requirements
under ARIZ. REV. STAT. § 23-214(A). Contractor’s or its subcontractors’ failure to comply with
such warranty shall be deemed a material breach of this Agreement and may result in the
termination of this Agreement by the Town.
7. Israel. Contractor certifies that it is not currently engaged in and agrees for the
duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ.
REV. STAT. § 35-393, of Israel
8. China. Pursuant to and in compliance with A.R.S. § 35-394, Vendor hereby agrees
and certifies that it does not currently, and agrees for the duration of this Agreement that Vendor
will not, use: (1) the forced labor of ethnic Uyghurs in the People’s Republic of China; (2) any
goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of
China; or (3) any contractors, subcontractors or suppliers that use the forced labor or any goods or
services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. Vendor
also hereby agrees to indemnify and hold harmless the Town, its officials, employees, and agents
from any claims or causes of action relating to the Town’s action based upon reliance upon this
representation, including the payment of all costs and attorney fees incurred by the Town in
defending such as action.
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9. Conflict of Interest. This Agreement may be canceled by the Town pursuant to
ARIZ. REV. STAT. § 38-511.
10. Applicable Law; Venue. This Agreement shall be governed by the laws of the State
of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa
County, Arizona.
11. Agreement Subject to Appropriation. The Town is obligated only to pay its
obligations set forth in this Agreement as may lawfully be made from funds appropriated and
budgeted for that purpose during the Town’s then current fiscal year. The Town’s obligations
under this Agreement are current expenses subject to the “budget law” and the unfettered
legislative discretion of the Town concerning budgeted purposes and appropriation of funds.
Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this
Agreement shall be deemed terminated at the end of the then-current fiscal year term for which
such funds were appropriated and budgeted for such purpose and the Town shall be relieved of
any subsequent obligation under this Agreement. The parties agree that the Town has no obligation
or duty of good faith to budget or appropriate the payment of the Town’s obligations set forth in
this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement
is executed and delivered. The Town shall be the sole judge and authority in determining the
availability of funds for its obligations under this Agreement. The Town shall keep Contractor
informed as to the availability of funds for this Agreement. The obligation of the Town to make
any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town.
Contractor hereby waives any and all rights to bring any claim against the Town from or relating
in any way to the Town’s termination of this Agreement pursuant to this section.
12. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among
the terms of this Agreement, any Town-approved work orders, the City Contract, and invoices, the
documents shall govern in the order listed herein. Notwithstanding the foregoing, and in
conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions in
conflict with the terms of this Agreement or the City Contract (collectively, the “Unauthorized
Conditions”), other than the Town’s project-specific requirements, are expressly declared void and
shall be of no force and effect. Acceptance by the Town of any work order or invoice containing
any such Unauthorized Conditions or failure to demand full compliance with the terms and
conditions set forth in this Agreement or under the City Contract shall not alter such terms and
conditions or relieve Contractor from, nor be construed or deemed a waiver of, its requirements
and obligations in the performance of this Agreement.
13. Rights and Privileges. To the extent provided under the City Contract, the Town
shall be afforded all of the rights and privileges afforded to City and shall be “City” (as defined in
the City Contract) for the purposes of the portions of the City Contract that are incorporated herein
by reference.
14. Indemnification; Insurance. In addition to and in no way limiting the provisions set
forth in Section 12 above, the Town shall be afforded all of the insurance coverage and
indemnifications afforded to City to the extent provided under the City Contract, and such
insurance coverage and indemnifications shall apply with equal effect to the Town under this
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Agreement including, but not limited to, the Contractor’s obligation to provide the indemnification
and insurance. In any event, the Contractor shall indemnify, defend and hold harmless the Town
and each council member, officer, employee or agent thereof (the Town and any such person being
herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages,
liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs
and the costs of appellate proceedings) to which any such Indemnified Party may become subject,
under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect
thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional
misconduct, errors, mistakes or omissions, in connection with the work or services of the
Contractor, its officers, employees, agents, or any tier of subcontractor in the performance of this
Agreement.
15. Laws and Regulations. Consultant shall keep fully informed and shall at all times
during the performance of its duties under this Agreement ensure that it and any person for whom
the Consultant is responsible abides by, and remains in compliance with, all rules, regulations,
ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A)
existing and future Town and County ordinances and regulations; (B) existing and future State and
Federal laws; and (C) existing and future Occupational Safety and Health Administration
standards.
16. Notices and Requests. Any notice or other communication required or permitted to
be given under this Agreement shall be in writing and shall be deemed to have been duly given if
(i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered
or certified, return receipt requested, to the address set forth below or (iii) given to a recognized
and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Rachael Goodwin, Town Manager
With copy to: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Aaron D. Arnson, Town Attorney
If to Contractor: West Coast Arborists, Inc.
6528 W. Myrtle Ave.
Glendale, Arizona 85301
Attn: Justin Menzel
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received: (i) when delivered to the party, (ii) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (iii) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. If a
copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing
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the date on which a notice is deemed to have been received by a party shall mean and refer to the
date on which the party, and not its counsel or other recipient to which a copy of the notice may
be sent, is deemed to have received the notice.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
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ATTESTED TO:
_______________________________
Linda G. Mendenhall, Town Clerk
APPROVED AS TO FORM:
________________________________
Aaron D. Arnson, Town Attorney
“Town”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
FOR THE TOWN OF FOUNTAIN HILLS:
____________________________________
Rachael Goodwin, Town Manager
FOR THE CONTRACTOR:
By:
Name
Title: ______________________________
Victor Gonzalez (Jul 29, 2024 17:05 PDT)
Victor Gonzalez
Victor Gonzalez
Vice President
Aaron Arnson (Jul 30, 2024 09:41 PDT)
Aaron Arnson
Rachael Goodwin (Jul 30, 2024 09:52 PDT)
Rachael Goodwin
EXHIBIT A
TO
COOPERATIVE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
WEST COAST ARBORISTS, INC.
[City Contract]
See following pages.
REQUEST FOR PROPOSAL
RFP# 24-087
TREE CARE AND MAINTENANCE SERVICES
RFP ISSUE DATE:
FEBRUARY 16, 2024
DEADLINE FOR INQUIRIES/QUESTIONS:
MARCH 4, 2024 AT 5:00 P.M. LOCAL ARIZONA TIME
RFP DUE DATE AND TIME:
MARCH 13, 2024, 3:00 P.M. LOCAL ARIZONA TIME
To join the RFP opening at the due date and time via Microsoft Teams,
please visit the following website: Join the meeting now
or call in (480) 498-8745; Conference ID: 308 646 103#
ALL INQUIRIES MUST BE DIRECTED TO:
CECILLE LEWIS
EMAIL: cecille_lewis@tempe.gov
PHONE: 480-350-8801
Submit Electronic Proposal and Documents To:
https://tempe-gov.bonfirehub.com
Table of Contents
General Instructions .......................................................................................................................................... 3
Standard Terms and Conditions ........................................................................................................................ 8
Special Terms & Conditions and Instructions ................................................................................................... 17
Scope of Work ................................................................................................................................................. 23
Proposal Questionnaire ................................................................................................................................... 29
Evaluation Criteria ........................................................................................................................................... 32
Pricing Section ................................................................................................................................................ 33
Vendor’s Offer ................................................................................................................................................. 35
Anti-Discrimination Policy ................................................................................................................................ 36
Affidavit of Compliance with House Bill 2488 ................................................................................................... 38
Supplier Sustainability Questionnaire .............................................................................................................. 39
RFP# 24-087 TREE CARE AND MAINTENANCE SERVICES 3 | Page
General Instructions
Failure to follow these instructions may result in rejection of proposal for non-responsiveness or cancellation of any Contract
awarded.
1. Preparation of Proposal:
A. Proposals shall be submitted through the City’s Procurement Portal (Bonfire) website at https://tempe-
gov.bonfirehub.com under the appropriate solicitation opportunity no later than the designated due date
and time and duly signed by an authorized representative of the company. Submissions submitted
elsewhere or under the wrong solicitation will not be considered.
B. Submission materials should be prepared in the file formats listed under Requested Information for this
opportunity in the Bonfire Portal. The maximum upload file size is 1000 MB. Documents should not be
embedded within uploaded files, as the embedded files will not be accessible or evaluated.
C. Submissions may be amended via the City’s Bonfire Portal but only before the designated due date and
time.
D. The signed proposal response constitutes an irrevocable offer to sell the goods and/or services specified
herein. Offeror shall submit all additional data, documentation, or information as requested by the City,
signifying its intent to be bound by the terms of the Request for Proposal.
E. Negligence in preparation of a proposal confers no right of withdrawal. Offeror is solely responsible for
seeking clarification of any requirement and presenting accurate information in the proposal response. The
City shall not reimburse any costs for a proposal, or its submission, presentation or withdrawal, for any
reason. Failure to read, examine and understand the solicitation and any of its addenda will not excuse any
failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be
a basis for claiming additional compensation.
F. The proposal must be uploaded, submitted and finalized prior to the designated due date and time. The
City strongly recommends allowing sufficient time and at least one (1) day before the due date to begin the
uploading process and to finalize the submission.
2. Definitions: For purposes of this Request for Proposal and resultant Contract, the following definitions apply:
A. “City” means the municipal corporation of the City of Tempe, Arizona.
B. “Code Governance” means unless otherwise specified herein, the provisions of the Tempe City Code,
Chapter 26A shall apply and govern this Request for Proposal.
C. “Contract” means the agreement for the procurement of goods, equipment, materials, software,
maintenance, contracted services, professional services, or concessions.
D. “Contractor” means an Offeror responding to a Request for Proposal who has been awarded a Contract
with the City.
E. “Offer” means a written offer to furnish goods, equipment, materials, software, maintenance, contracted
services, professional services, or concessions to the City, in conformity with the standards, specifications,
delivery terms and conditions, and all other requirements established in a competitive solicitation.
F. “Offeror” means a business, entity or person who submits an Offer in response to a competitive solicitation.
G. “Public Record” means proposals and all other documents submitted in response to this solicitation shall
become the property of the City and shall be a matter of public record available for review following the
Contract award.
RFP# 24-087 TREE CARE AND MAINTENANCE SERVICES 4 | Page
H. “Purchase Order” means a document issued by the Procurement Office directing the Contractor to deliver
the goods, equipment, materials, software, maintenance, contracted services, professional services or
concessions. to the City.
I. “Request for Proposal” means a competitive solicitation issued by the City for the procurement of goods,
equipment, materials, software, maintenance, contracted services, professional services or concessions.
3. Late, Unsigned and/or Incomplete Proposal: A late, unsigned and/or materially incomplete proposal will be
considered nonresponsive and rejected.
4. Inquiries: Questions regarding this Request for Proposal shall be directed to the Procurement Officer identified on
the cover page of this document through Messages/Opportunity Q&A on the City’s Procurement Portal through
Bonfire. Offerors shall not contact or ask questions of other City staff or the City department for which the
requirement is being procured. All questions must be submitted no later than the date and time indicated in the
City’s Bonfire Portal.
5. Withdrawal of Proposal: At any time before RFP Due and time, an Offeror may un-submit a proposal response
through the City’s Bonfire portal.
6. Proposal Addenda: Any changes to the solicitation document will be in the form of an Addendum. Addenda are
posted on the City’s Procurement Portal (Bonfire) website at https://tempe-gov.bonfirehub.com under the
appropriate solicitation opportunity. Interested parties are cautioned to check the Procurement Portal through
Bonfire for addenda prior to submitting the proposal. The City will not be held responsible if an Offeror fails to receive
any addenda issued. The City shall not be responsible for any oral changes to the scope of work or specifications
made by any employees or officer of the City and interested parties are cautioned not to rely on any such changes.
7. Compliance with City Solicitation Requirements: Unless stated otherwise in this Request for Proposal, the City
reserves the right to award by individual line item, by group of items, or as a total at the City’s discretion. The City
expressly reserves the right to waive any immaterial defect or informality, or reject any or all proposals, or portions
thereof, or reissue this Request for Proposal.
8. Compliance of Proposal Offeror/Contractor Forms: Any documents or forms (including separate Contract,
maintenance agreement or training agreement) intended by the Offeror to be utilized in any resulting Contract, must
be submitted with the proposal. Any documents inconsistent with or taking exception to the terms, conditions,
specifications and/or other requirements stated within this Request for Proposal may cause the proposal to be
considered as nonresponsive and rejected. No documents will be considered unless submitted with vendor’s
proposal offer and approved by the Procurement Office.
9. Responsiveness to Specifications: Performance or feature requirements which are designated as mandatory or
minimums are needed in order to satisfy an identified task or performance need. A description is given for each
designated feature. This description shall be used to determine if the Offeror's proposed product(s) and/or
service(s) is/are capable of performing the function(s) specified in the Request for Proposal.
It is recognized that more than one method may be used to accomplish the sought-after task functionality.
If Offeror has an alternate method of performing functional tasks, then Offeror shall list such method as an
"alternate" and described in full detail within the proposal. The City shall be the sole judge as to whether any
alternate methodology will be accepted.
"Must", "shall", "will", "minimum", "required" and/or "mandatory" performance/feature statements must be met or
exceeded by the Offeror. Should no Offeror be found responsive to all designated Request for Proposal
requirements, the City at its option, may either award the Contract to the most responsive Offeror or cancel the
Request for Proposal and issue another Request for Proposal for the need under revised specifications.
10. Code Governance: Unless otherwise specified herein, the provisions of the Tempe City Code, Chapter 26A shall
apply and govern this Request for Proposal.
RFP# 24-087 TREE CARE AND MAINTENANCE SERVICES 5 | Page
11. Questionnaire: Offeror must complete the Questionnaire portion of this Request for Proposal and provide any
documentation required to support the answers. Questionnaire items, which are designated as mandatory, are
needed to satisfy a required task or performance criteria. Items, which may be listed as desirable, are not required
to be responsive to the Request for Proposal and will be relatively evaluated against other proposals in making a
final award decision. If supporting documentation is required, Offeror shall provide the documentation in the
sequence set forth in the Request for Proposal and ensure all technical literature and/or narrative explanations fully
address the specifics of the question. Vague or disorganized responses that do not allow sufficient information for
evaluation purposes may result in rejection of a proposal.
12. Clarifications and Negotiations with Offerors and Revisions to Proposal: Clarifications may be made with any
submitting firm at any time during the evaluation phase of this procurement. Clarifications are not negotiations and
may be utilized by the City to ensure thorough and complete understanding of, and responsiveness to, the
solicitation requirements. Negotiations may be conducted with responsible Offerors who submit proposals
determined to be reasonably susceptible of being selected for award. The purpose of negotiations is to allow the
City and the Offeror(s) to revise initial offers through an exchange or series of exchanges. Should the City elect to
call for best and final offers, Offerors shall be accorded fair and equal treatment with respect to any opportunity for
negotiations and revision of proposals, and such revisions may be permitted after submissions and prior to award.
In conducting clarifications and negotiations there shall be no disclosure of any information derived from proposals
submitted by competing Offerors. The purposes of such negotiations shall include but not be limited to:
A. Determine in greater detail such Offeror's qualifications;
B. Explore with the Offeror the scope and nature of the project, the Offeror's proposed method of performance,
and the relative utility of alternate methods of approach;
C. Determine that the Offeror will make available the necessary personnel and facilities to perform within the
required time; and
D. Agree upon compensation, which is fair and reasonable, taking into account the estimated value of the
required services, and the scope, complexity and nature of such services.
13. Proposal Opening: Proposals shall be opened at the time and place designated on the cover page of this Request
for Proposals. The name of each Offeror and the identity of the Request for Proposal for which the proposal was
submitted shall be publicly read and recorded in the presence of witnesses. Proposals, modifications and all other
information received in response to this Request for Proposal shall be shown only to City personnel having a
legitimate interest in its evaluation. Prices shall not be read. After Contract award, the proposals and the evaluation
documentation shall be open for public inspection, except where the City has determined that specific portions of
the proposal are confidential.
14. Proposal Evaluation and Award: The City shall determine whether a proposal meets the specifications and
requirements of this Request for Proposal, at its sole discretion, and reject any proposals not meeting the intent or
requirements set forth herein. Award(s) shall be made to the responsible Offeror whose proposal is determined in
writing to be the most advantageous to the City, taking into consideration the evaluation factors set forth in the
Request for Proposal. The City shall be the sole judge as to the acceptability of the products and/or services offered.
The City reserves the right to reject any and all proposals.
15. Award of Contract: A proposal shall constitute a binding Offer to Contract with the City based on the terms,
conditions and specifications contained in this Request for Proposal. An Offeror shall become a Contractor only
upon execution of a formal Contract from the Procurement Office. Unless this Request for Proposal includes
separate Contract document(s) or requires the Offeror to submit a Contract for review, a Contract shall be formed
when the Procurement Office provides a written notice of award or a purchase order to the successful Offeror. All
terms and conditions of the Contract are contained herein, unless modified by an amendment approved by the City.
Proposals that take exception to the terms, conditions, specifications and/or other requirements stated within this
Request for Proposal may cause the vendor’s Offer to be considered non-responsive and rejected. Exceptions will
be evaluated on an individual basis to determine compliance with the purpose and intent of the terms and conditions
stated within this solicitation. The City shall be the sole judge as to whether an exception complies with the general
purpose and intent of any term, condition and/or specification set forth herein.
RFP# 24-087 TREE CARE AND MAINTENANCE SERVICES 6 | Page
16. Proposal Results: Offers will be opened on the stated due date, time and location indicated on the cover sheet of
the solicitation at which time the name of each offeror will be read. Offers and all evaluation information are not
available for public inspection until after the contract has been awarded. After award of the contract, an appointment
may be made with the Procurement Officer to review quotation documents.
A preliminary bid tabulation will be posted on the City’s Procurement Portal (Bonfire) immediately following the
public bid opening. The information on the preliminary tabulation will be posted as it was red during the opening.
The City makes no guarantee as to the accuracy of any information on the preliminary tabulation. Formal contract
award results shall be placed on the Procurement Office web page https://www.tempe.gov/government/financial-
services/procurement and posted at the front counter of the Procurement Office at the time the contract award is
approved by the City Council. Award recommendations may also be viewed via the City Clerk’s web site normally
up to five (5) days prior to the scheduled City Council meeting by visiting
https://tempe.hylandcloud.com/AgendaOnline/.
17. Protests: Any actual or prospective Offeror who is aggrieved in conjunction with this Request for Proposal or award
may protest the award to the Procurement Office. A protest based upon alleged improprieties in this Request for
Proposal that are apparent before the proposal opening shall be filed prior to the proposal due date/time. A protest
concerning an award recommendation must be filed within ten (10) business days after the date of award. Up to
five (5) days before award of a contract, the Procurement Office will post award recommendations on the City Clerks
website at (https://tempe.hylandcloud.com/AgendaOnline/) and at the Procurement Office front counter and web
site for public review (www.tempe.gov/procurement). A protest shall be in writing and include the protester’s name,
address and phone number, identification of the solicitation or Contract being protested, a detailed statement of the
legal and factual grounds of the protest, including copies of all relevant documents and the form of relief requested.
A protest is to be on the protester’s company letterhead and signed by the protestor or its authorized representative.
18. Tax: Unless specified herein, sales, use or federal excise tax shall not be included in proposal pricing. The City is
exempt from payment of federal excise tax. For proposal evaluation, transaction (sales) privilege tax paid to the
City of Tempe (1.8%) is considered a pass-through cost, calculated as zero ($0) expense when comparing pricing
among competing companies that are not located in Tempe. For information on privilege (sales) tax, please contact
the City's Tax and License Office at (480) 350-2955 or visit their web site at Sales Tax & Regulatory Licenses.
19. Payment: For a single requirement purchase, the City will endeavor to remit payment within thirty (30) calendar
days from receipt and approval of acceptable products, materials and/or services and approval of correct invoice.
For ongoing term contract purchases, the City will endeavor to remit payment within thirty (30) calendar days from
approval of invoice.
20. Discounts: Payment discounts periods shall be computed from the date of receipt of acceptable products,
materials and/or services or correct invoice, whichever is later to the date payment is mailed. Discounts shall be
taken on the full amount of the invoice, unless otherwise indicated. The City shall be entitled to receive any discounts
offered by Offeror if payment is made within the discount period.
21. Payment by City Procurement Card: The Procurement Office may elect to remit payment through the use of a
City procurement card. Each Offeror may indicate on the Vendor’s Offer Page in this Request for Proposal its ability
to accept City procurement card payments. The inability to accept payment by City procurement card will not
disqualify a proposal.
22. Public Record: Proposals and all other documents submitted in response to this solicitation shall become the
property of the City and shall be a matter of Public Record available for review following the Contract award.
Material portions of the recommended Offer(s) as determined by the City may be posted to the City’s website up to
five (5) days prior to the City Council meeting.
23. Late Responses: The Offeror assumes responsibility for having the Proposal submitted on time to the City’s
Procurement Portal (Bonfire) website. Any offers received after the RFP Due Date and Time shall not be
considered. The Offeror assumes the risk of any delay in the electronic processing of the proposal response to
Bonfire. Offerors must allow adequate time to ensure that the proposal is timely received.
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24. Copying Responses: The Offeror hereby grants the City permission to copy all parts of its offer including, without
limitation, any documents and/or materials copyrighted by the Offeror. The City’s right to copy shall be for internal
use in the evaluating the Offers.
25. Confidential Information and Public Record: After award of a contract, proposals shall be available for public
inspection, except to the extent that the withholding of information is required or permitted by law. Pursuant to
A.R.S. § 35-214, and 41-1330 et seq., all records relating to the Request for Proposal and contract shall be subject
to inspection at all reasonable times by the City for five (5) years after completion of the contract. Such records shall
be produced by Offeror or Contractor at the time and place designated by the City.
A. If a person believes that an offer or specification contains information that should be withheld as
confidential, a statement advising the procurement officer of this fact shall accompany the submission and
the information shall be so identified wherever it appears. A general statement of confidentiality that is not
appropriately referenced to a specific section of the RFP will not be sufficient to warrant protection by the
City. The confidential portion of the submission must be clearly noted with accompanying justification for
treating the section confidential. Failure of the vendor to appropriately designate confidential information in
this manner will relieve the City of any obligation to protect this information as confidential.
B. The information identified by the person as confidential shall not be disclosed until the Procurement Office
makes a written determination pursuant to A.R.S. § 121, et seq.
C. If the City determines to disclose the information, the Offeror shall be informed in writing of such
determination. Notwithstanding the foregoing, following an award of contract, all proposal response
information shall be available for public inspection.
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Standard Terms and Conditions Please note that these Standard Terms & Conditions shall be fully complied with by Offeror. Failure to comply with these
requirements may result in the rejection of a proposal for non-responsiveness, or cancellation or termination of any
awarded contract.
1. Applicable Law: This Contract shall be governed by, and the City and Contractor shall have all remedies
afforded each by the Uniform Commercial Code as adopted in the State of Arizona, except as otherwise provided
in this Request for Proposal and resultant contract, and all statutes, or ordinances pertaining specifically to the
City. This Contract shall be governed by State of Arizona law and suits pertaining to this Contract may only be
brought in courts located in Maricopa County, Arizona.
2. Arizona Climate Action Compliance: Offeror shall comply with all applicable standards, laws, rules, orders and
regulations issued pursuant to A.R.S. §49-101, et seq., including but not limited to, Arizona Executive Orders
Nos. 2006-13, 2005-02, and 2010-14 with regard to reducing GHG emissions, increasing energy efficiency,
conserving natural resources and developing renewable energy sources.
3. Availability of Funds for the Next Fiscal Year: The City's obligation for performance of the Contract is
contingent upon the availability of City, state and federal funds that are allocated or appropriated for payment
obligations of the Contract. If funds are not allocated by the City or available for the continued use or purchase
of services, work and/or materials set forth herein, the City may terminate the Contract. The City will use
reasonable efforts to notify Contractor of such non-allocation affecting the obligations of the Contractor and/or
City. The City shall not be penalized or adversely affected for exercise of its termination rights. Further, the City
shall in no way be obligated or liable for additional payments or other damages as a result of such termination.
No legal liability on the part of the City for any payment may arise for performance under this Contract.
4. Billing: All invoices submitted by Contractor for the City's review and approval shall be in itemized form to identify
the specific item(s) being billed. Any purchase/delivery order issued by the City shall refer to the Contract number
resulting from this Request for Proposal. Separate invoices are required on individual contracts or purchase
orders. Only invoices with items resulting from this Request for Proposal will be accepted for review and approval
by the City.
5. Commencement of Work: Contractor is cautioned not to commence any work or provide any materials or
services under the Contract until and unless Contractor receives a purchase order, Notice to Proceed, or is
otherwise directed in writing to do so, by the City.
6. Certification: By signing the “Vendor’s Offer”, the Offeror certifies:
A. The submission of the proposal response did not involve collusion or other anti-competitive practices.
B. Offeror agrees that it will comply with section 2-603(5) of the Tempe City Code (“TCC”) and will not refuse
to hire or employ or bar or discharge from employment any person or discriminate against such person
in compensation, conditions, or privileges of employment because of race, color, gender, gender identity,
sexual orientation, religion, national origin, familial status, age, disability, or United States military veteran
status. Offeror further agrees to provide a copy of its antidiscrimination policy to the Procurement Officer
to demonstrate compliance with TCC section 2-603(5) or attest in writing to its compliance in accordance
with the attached Affidavit of Compliance.
C. 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. Failure to sign the “Vendor’s Offer” or signing it with a false statement
shall void the submitted proposal and any resulting Contract. In addition, the Offeror may be barred from
future proposal and bidding participation with the City and may be subject to such further actions as
permitted by law.
D. Offeror agrees to promote and offer to the City only those materials and/or services as stated and allowed
by this Request for Proposal and resultant contract award. Violation of this condition shall be grounds for
Contract termination by the City.
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E. Offeror expressly warrants that it has and will continue to comply in all respects with Arizona law
concerning employment practices and working conditions, pursuant to A.R.S. § 23-211, et seq., and all
laws, regulations, requirements and duties relating thereto. Offeror further warrants that to the extent
permitted by law; it will fully indemnify the City for any and all losses arising from or relating to any violation
thereof.
F. Contractor agrees and covenants that it will comply with any and all applicable governmental restrictions,
regulations and rules of duly constituted authorities having jurisdiction insofar as the performance of the
work and services pursuant to the Contract, and all applicable safety and employment laws, rules and
regulations, including but not limited to, the Fair Labor Standards Act, the Walsh-Healey Act, and the Legal
Arizona Workers Act (LAWA), and all amendments thereto, along with all attendant laws, rules and
regulations. Contractor acknowledges that a breach of this warranty is a material breach of this Contract
and Contractor is subject to penalties for violation(s) of this provision, including termination of this Contract.
The City retains the right to inspect the documents of any and all contractors, subcontractors and sub-
subcontractors performing work and/or services relating to the Contract to ensure compliance with this
warranty. Any and all costs associated with City inspection are the sole responsibility of Contractor.
Contractor hereby agrees to indemnify, defend and hold City harmless for, from and against all losses and
liabilities arising from any and all violations thereof.
G. If the Contractor engages in for-profit activity and has 10 or more employees, and if this Contract has a
value of $100,000 or more, Contractor certifies it is not currently engaged in, and agrees for the duration
of this Contract to not engage in, a boycott of goods or services from Israel. This certification does not
apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. §
4842. Unless and until the U.S. District Court, District of Arizona’s injunction is lifted, A.R.S. § 35-393.01
is unenforceable.
H. Compliance with A.R.S. § 35-394. Contractor hereby certifies that it does not currently, and agrees for the
duration of this Agreement, that Contractor will not, use: 1. The forced labor of ethnic Uyghurs in the
People’s Republic of China; 2. Any goods or services produced by the forced labor of ethnic Uyghurs in
the People’s Republic of China; or 3. Any contractors, subcontractors or suppliers that use the forced labor
or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.
Contractor hereby agrees to indemnify and hold harmless the Customer, its officials, employees, and
agents from any claims or causes of action relating to the Customer’s action based upon reliance upon
this representation, including the payment of all costs and attorney fees incurred by the Customer in
defending such as action. Curing the term of agreement, Contractor shall alert the City within five (5) days
after becoming aware of its noncompliance with this statute and cure any noncompliance within 180 days
after initial notification of noncompliance. Failure to cure in accordance with the provisions of this statute
shall result in contract termination.
7. Confidentiality of Records: Contractor shall establish and maintain procedures and controls that are acceptable
to the City for the purpose of assuring that no information contained in its records or obtained from the City or from
others in carrying out its functions under the Contract shall be used by or disclosed by it, its agents, officers, or
employees, except as required to efficiently perform duties under the Contract. Persons requesting such
information should be referred to the City. Contractor also agrees that any information pertaining to individual
persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of
duties under the Contract, unless otherwise agreed to in writing by the City.
8. Contract Formation: This Contract shall consist of this Request for Proposal and the vendor’s proposal offer
submitted, as may be found responsive and approved by the City. In the event of a conflict in language between
the documents, the provisions of the City’s Request for Proposal shall govern. The City’s Request for Proposal
shall govern in all other matters not otherwise specified by the Contract between the parties. All previous contracts
between the Offeror and the City are not applicable to this Contract or other resultant contracts. Any contracted
vendor documents that conflict with the language and requirements of the City's solicitation are not acceptable and
void the Contract.
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9. Contract Modifications: This Request for Proposal and resultant Contact may only be modified by a written
contract modification issued by the Procurement Office and counter-signed by the Contractor. Contractors are not
authorized to modify any portion of this solicitation or resulting Contract without the written approval of the
Procurement Office and issuance of an official modification notice.
10. Contract Administration: Contractor must notify the designated Procurement Officer from the Procurement
Office for guidance or direction on matters of Contract interpretation or problems regarding the terms, conditions
or scope of this Contract. The Contract shall contain the entire agreement between the City and the Contractor
and the Contract shall prevail over any and all previous agreements, contracts, proposals, negotiations, purchase
orders or master agreements in any form.
11. Cooperative Use of Contract: Any Contract resulting from this solicitation shall be for the use of the City of Tempe.
In addition, public and nonprofit agencies that have entered into a Cooperative Purchasing Agreement with the
City of Tempe’s Department of Procurement are eligible to participate in any subsequent Contract. Additionally, this
Contract is eligible for use by the Strategic Alliance for Volume Expenditures (SAVE) cooperative.
See http://www.mesaaz.gov/business/purchasing/save for a listing of participating agencies. The parties agree that
these lists are subject to change. Any such usage by other municipalities and government agencies must be in
accord with the ordinance, charter and/or rules and regulations of the respective political entity.
Any orders placed to, or services required from, the successful Contractor(s) will be requested by each participating
agency. Payment for purchases made under this agreement will be the sole responsibility of each participating
agency. The City shall not be responsible for any disputes arising out of transactions made by others. Contractor
shall be responsible for correctly administering this Contract in accordance with all terms, conditions, requirements,
and approved pricing to any eligible procurement unit.
12. Delegated Awards: In the event this Contract is administratively awarded via delegated authority as provided for
in Section 26A-5 of the Procurement Ordinance, the Contractor acknowledges that a final Contract with the City of
Tempe requires City Council approval and possibly the signature of the Mayor. Should this Contract be rejected by
the City Council, Contractor agrees that it is immediately void and unenforceable against any party. The awarded
firm(s) will be compensated only for any and all costs incurred up to the date of notification of such termination.
13. Dispute Resolution: This Contract is subject to arbitration to the extent required by law. If arbitration is not
required by law, the City and the Contractor agree to negotiate with each other in good faith to resolve any
disputes arising out of the Contract. In the event of any legal action or proceeding arising out of this Contract,
the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs incurred with said fees
and costs to be included in any judgment rendered.
14. Energy Efficient Products: The City may consider energy conservation factors including costs in the evaluation
of equipment and product purchases for the purpose of obtaining energy efficient products. In addition, vendor
proposal Offers may specify items that have been given an energy efficient classification by the federal
government for consideration by the City.
15. Estimated Quantities: This Request for Proposal references quantities as a general indication of the City’s needs.
The City anticipates considerable activity resulting from Contracts that will be awarded as a result of this Request
for Proposal; however, the quantities shown are estimates only and the City reserves the right to increase or
decrease any quantities actually acquired, in its sole discretion. No commitment of any kind is made concerning
quantities and Offeror hereby acknowledges and accepts same.
16. Interpretation of Parol Evidence: This Contract is intended as a final expression of the agreement between the
parties and as a complete and exclusive statement of the Contract, unless the signing of a subsequent Contract is
specifically called for in this Request for Proposal. No course of prior dealings between the parties and no usage
of the trade shall be relevant to supplement or explain any term used in the Contract. Acceptance or acquiescence
in a course of performance rendered under this Contract shall not be relevant to determine the meaning of the
Contract, even though the accepting or acquiescing party has knowledge of the nature of the performance and
opportunity to object.
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17. Events of Default and Termination:
A. In the event a party is in default then the other party may, at its option and at any time, provide written
notice to the defaulting party of the default. The defaulting party will have thirty (30) days from the receipt
of the written notice to cure the default; the thirty (30) day cure period may be extended by mutual
agreement of the parties, but no cure period may exceed ninety () days. A default notice will be deemed
to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default.
Failure of the non-defaulting party to provide written notice of the default does not waive any rights under
the Agreement. The occurrence of any one or more of the following events shall constitute a material
breach of and default under the Contract.
i) Any failure by Contractor to pay funds or furnish materials, services and/or goods that fail to
conform to any requirement of this Contract or provide personnel that do not meet Contract
requirements;
ii) Any party’s failure to observe, perform or undertake any provision, covenant or condition of this
Contract to be observed or performed by Contractor or City herein, including but not limited to
failing to submit any report required herein;
iii) Any failure to make progress in the performance required pursuant to the Contract and/or gives
either party reason to believe that the other party cannot or will not perform to the requirements of
the Contract; or,
iv) Any failure of Contractor to commence construction, work or services within the time specified
herein, and to diligently undertake Contractor’s work to completion.
B. In the event the default has not been corrected to the non-defaulting party’s satisfaction within the cure
time specified, the non-defaulting party, at its option and in addition to any other remedies available by law
or in equity, without further notice or demand of any kind to Contractor, may do the following:
i) Terminate the Contract;
ii) Pursue and/or reserve any and all rights for claims to damages for breach or default of the
Contract; and/or,
iii) Recover any and all monies due from Contractor, including but not limited to, the detriment
proximately caused by Contractor’s failure to perform its obligations under the Contract, or which
in the ordinary course would likely result therefrom, including, any and all costs and expenses
incurred by the City in: (a) maintaining, repairing, altering and/or preserving the premises (if any)
of the project; (b) costs incurred in selecting and retaining a substitute Contractor for the purchase
of services, materials and/or work; and/or (c) attorneys’ fees and costs in pursuing any remedies
under the Contract and/or arising therefrom.
C. The exercise of any one of the City’s remedies as set forth herein shall not preclude subsequent or
concurrent exercise of further or additional remedies. In addition, the City shall be entitled to terminate
this Contract at any time, in its discretion. The City may terminate this Contract for default, non-
performance, breach or convenience, or pursuant to A.R.S. § 38-511, or abandon any portion of the project
for which services have not been fully and/or properly performed by the Contractor.
D. Termination shall be commenced by delivery of written notice to Contractor by the City personally or by
certified mail, return receipt requested. Upon notice of termination, Contractor shall immediately stop all
work, services and/or shipment of goods hereunder and cause its suppliers and/or subcontractors to cease
work pursuant to the Contract. Contractor shall not be paid for work or services performed or costs
incurred after receipt of notice of termination, nor for any costs incurred that Contractor could reasonably
have avoided.
E. The City, in its sole discretion, may terminate or reduce the scope of this Contract if available funding is
reduced for any reason.
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F. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may
demand that Contractor give a written assurance of its intent and ability to perform. In the event that the
demand is made, and no written assurance is given within the time period required, the City may treat this
failure as an anticipatory repudiation of the Agreement.
18. Force Majeure:
A. Except for payment of sums due, neither party shall be liable to the other nor deemed in default under the
Contract only in the event that and to the extent that such party’s performance of the Contract is prevented
by reason of force majeure. Force majeure means an occurrence that is beyond the control of the party
affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes
acts of God, acts of the public enemy, war, riots, mobilization, labor disputes, civil disorders, fire, floods,
lockouts, injunctions, failures or refusal to act by government authority, and other similar occurrences
beyond the control of the party declaring force majeure which such party is unable to prevent by exercising
reasonable diligence.
B. Force majeure shall not include the following occurrences:
i) Late delivery of equipment or materials caused by congestion at a manufacturer’s plant or
elsewhere, an oversold condition of the market, inefficiencies, or similar occurrences.
ii) Late performance by a subcontractor.
C. If either party is delayed at any time in the progress of the work by force majeure, then the delayed party
shall notify the other party in writing of such delay within forty-eight (48) hours of the commencement thereof
and shall specify the causes of such delay in the notice. Such notice shall be hand delivered or sent via
certified mail and shall make a specific reference to this clause, thereby invoking its provisions. The delayed
party shall cause such delay to cease as soon as practicable and shall notify the other party in writing by
hand delivery or certified mail when it has done so. The time of completion shall be extended by Contract
modification for a period of time equal to the time that the results or effects of such delay prevent the delayed
party from performing in accordance with the Contract.
19. Gratuities: The City may elect to terminate any resultant Contract, if it is found that gratuities in any form were
offered or given by the Contractor or agent thereof, to any employee of the City or member of a City evaluation
committee with a view toward securing an order, securing favorable treatment with respect to awarding, amending
or making of any determinations with respect to performing such order.
20. Indemnification: To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless
the City, its agents, officer, officials, and employees from and against all claims, damages, losses and expenses
(including but not limited to attorney's fees, court costs, and the costs of appellate proceedings), arising out of, or
alleged to have resulted from the acts, errors, mistakes, omissions, work, services, or professional services of the
Contractor, its agents, employees, or any other person (not the City) for whose acts, errors, mistakes, omissions, work,
services, or professional services the Contractor may be legally liable in the performance of this Contract. Contractor’s
duty to hold harmless and indemnify the City, its agents, officers, officials and employees shall arise in connection with
any claim for damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to,
impairment, or destruction of any person or property, including loss of use resulting from, or caused by any acts, errors,
mistakes, omissions, work, services, or professional services in the performance of this Contract by Contractor or any
employee of the Contractor or any other person (not the City) for whose acts, errors, mistakes, omissions, work, or
services the Contractor may be legally liable. The amount and type of insurance coverage requirement set forth herein
will in no way be construed as limiting the scope of indemnity in this paragraph. This provision shall survive the term
of this Contract.
21. Key Personnel: Contractor shall provide adequate experienced personnel, capable of and devoted to the
successful accomplishment of work to be performed under this Contract during the Contract term and any renewal
periods. The Contractor must agree to assign specific individuals to the key positions.
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A. The Contractor agrees that, once assigned to work under this Contract, key personnel shall not be removed
or replaced without prior written notice to the City.
B. If key personnel are not available for work under this Contract for a continuous period exceeding thirty (30)
calendar days or are expected to devote substantially less effort to the work than initially anticipated, the
Contractor shall immediately notify the City, and shall replace each person with personnel of substantially
equal ability and qualifications upon prior City approval.
22. Licenses and Permits: Contractor shall maintain in current status and at its sole expense, all federal, state and
local licenses and permits required for the operation of the business conducted by the Contractor and the provision
of the services to be provided under the Contract.
23. No Assignment: No right or interest in this Contract shall be assigned by Contractor and no delegation of any
duty of Contractor shall be made without prior written permission of the City, which consent may be granted or
withheld in City’s unfettered discretion.
24. Non-exclusive Contract: Any Contract resulting from this Request for Proposal shall be awarded with the
understanding and agreement that it is non-exclusive and entered into for the sole convenience of the City. The
City reserves the right to obtain like goods or services from another source.
25. Notices: All notices, requests, demands, consents, approvals, and other communications which may or are
required to be served or given hereunder (for the purposes of this provision collectively called "Notices"), shall be
in writing and shall be hand delivered or sent by registered or certified United States mail, return receipt requested,
postage prepaid, addressed to the party or parties to receive such notice as follows:
City of Tempe Procurement Office
Attn: Procurement Officer
PO Box 5002
Tempe, Arizona 85280
[Contractor’s Name]
[Attn of Offeror Named in Contract]
[Address]
Or to such other address as either party may from time to time furnish in writing to the other by notice hereunder.
26. No Waiver: No breach of default hereunder shall be deemed to have been waived by the City, except by written
instrument to that effect signed by an authorized agent of the City. No waiver of any such breach or default shall
operate as a waiver of any other succeeding or preceding breach or default or as a waiver of that breach or default
after demand by the City for strict performance of this Contract. Acceptance of partial or delinquent payments or
performance shall not constitute the waiver of any right of the City. Acceptance by the City for any materials shall
not bind the City to accept remaining materials, future shipments or deprive the City of the right to return materials
already accepted. Acceptance by the City of delinquent or late delivery shall not constitute a waiver of a later claim
for damages and/or bind the City for future or subsequent deliveries.
27. Ordering Process: Upon award of a Contract by the Procurement Office, the City may procure the specific material
and/or service awarded by the issuance of a purchase order to the appropriate Contractor. Each purchase order
must cite the correct Contract number. Such purchase order is required for the City to order and the Contractor to
deliver the material and/or service.
28. Overcharges by Antitrust Violations: The City maintains that, in actual practice, overcharges resulting from
antitrust violations are borne by the City. Therefore, to the extent permitted by law, the Contractor hereby assigns
to the City any and all claims for such overcharges as to the goods and/or services used to fulfill the Contract.
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29. Performance Standards: Equipment shall operate in accordance with the performance criteria specified in the
Request for Proposal, including the manufacturer's published specifications applicable to the equipment involved.
Equipment is expected to be available for productive use, as provided in the procurement documents.
Penalties and/or bonuses applicable to equipment and system performance, if any, shall be calculated as specified
in the Request for Proposal.
30. Preparation of Specifications by Persons Other Than City Personnel: No person preparing specifications for
this Request for Proposal shall receive any direct or indirect benefit from the use of these specifications.
31. Procurement of Recycled Materials: If the price of recycled material that conforms to specifications is within five
percent (5%) of the lower priced material that is not recycled and the recycled Offeror is otherwise the lowest
responsive and responsible Offeror, the proposal containing recycled material shall be considered more
advantageous; provided the item(s) to be obtained contains at least the minimum amount of recycled content
material as defined in the City’s solicitation and sufficient funds have been budgeted for the purchase.
32. Provisions by Law: Each and every provision of law and any clause required by law to be in this Contract will be
read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not
inserted, or is not correctly inserted, then upon the application of either party the Contract will forthwith be physically
amended to make such insertion or correction.
33. Public Record: After award of Contract, proposal responses shall be considered Public Record and open for public
inspection except to the extent the withholding of information is permitted or required by law. If an Offeror believes
a specific section of its proposal response is confidential, the Offeror shall mark the page(s) confidential and isolate
the pages marked confidential in a specific and clearly labeled section of its proposal response. The Offeror shall
include a written statement as to the basis for considering the marked pages confidential and the Procurement
Office will review the material and make a determination, pursuant to A.R.S. §§ 39-121, et seq., and 41-151, et seq.
A general statement of confidentiality (boiler plate statement) that is not appropriately referenced to a specific
section of the RFP will not be sufficient to warrant protection by the City. The confidential portion of the submission
must be clearly noted with accompanying justification for treating the section confidential. Failure of the vendor to
appropriately designate confidential information in this manner will relieve the City of any obligation to protect this
information as confidential.
34. Records: Pursuant to provisions of Title 35, Chapter 1, Article 6 Arizona Revised Statutes §§ 35-214 and 36-215,
Contractor shall retain, and shall contractually require each subcontractor to retain, all books, accounts, reports,
files and other records relating to the acquisition and performance of the Contract for a period of five (5) years after
the completion of the Contract. All such documents shall be subject to inspection and audit at reasonable times.
Upon request, a legible copy of any or all such documents shall be produced at the offices of the City Attorney or
Procurement Office.
35. Relationship of Parties: It is clearly understood that each party to this Contract will act in its individual capacity
and not as an agent, employee, partner, joint venture, or associate of the other party. The Contractor is an
independent Contractor and shall be solely responsible for any unemployment or disability insurance payments, or
any social security, income tax or other withholdings, deductions or payments that may be required by federal, state
or local law with respect to any compensation paid to the Offeror. An employee or agent of one party shall not be
an employee or agent of the other party for any purpose whatsoever.
36. Rights and Remedies: No provisions of this Request for Proposal or in the proposal shall be construed, expressly
or by implication, as a waiver by the City of any existing or future right and/or remedy available by law in the event
of any claim of default or breach of Contract. The failure of the City to insist upon strict performance of any term or
condition of the Contract or to exercise or delay the exercise of any right or remedy provided in the Contract, or by
law, shall not release the Contractor from any responsibilities or obligations imposed by the Contract or by law, and
shall not be deemed a waiver of any right of the City to insist upon the strict performance of the Contract.
37. Safety Standards: All items supplied on this Contract must comply with the current applicable Occupational Safety
and Health Standards of the State of Arizona Industrial Commission, the National Electric Code and the National
Fire Protection Association Standards.
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38. Severability: The provisions of this Contract are severable to the extent that any provision or application held to
be invalid shall not affect any other provision or application of the Contract which may remain in effect without the
invalid provision or application.
39 Shipping Terms: Prices shall be F.O.B. Destination to the delivery location(s) designated herein. 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. The City will notify the
Contractor promptly of any damaged materials and shall assist the Contractor in arranging for inspection.
Shipments under reservation are prohibited. No tender of a bill of lading shall operate as a tender of the materials.
40. Specially Designated Nationals and Blocked Persons List: Contractor represents and warrants to the City that
neither Contractor nor any affiliate or representative of Contractor:
A. Is listed on the Specially Designated Nationals and Blocked Persons List maintained by the Office of
Foreign Asset Control, Department of the Treasury (OFAC) pursuant to Executive Order no. 13224, 66 Fed.
Reg. 49079 (“Order”);
B. Is listed on any other list of terrorists or terrorist organizations maintained pursuant to the Order, the rules
and regulations of OFAC or any other applicable requirements contained in any enabling legislation or other
related Order(s);
C. Is engaged in activities prohibited in the Order; or,
C. Has been convicted, pleaded nolo contendre, indicted, arraigned or custodially detained on charges
involving money laundering or predicate crimes to money laundering.
41. Termination for Conflict of Interest: This Contract is subject to the cancellation provisions of A.R.S. § 38-511.
The City may cancel this Contract within three (3) years after its execution, without penalty or further obligation, if
any person significantly involved in initiating, securing, drafting, or creating the Contract for the City becomes an
employee or agent of the Contractor.
42. Termination for Convenience: The City at its sole discretion may terminate this Contract for convenience with thirty
(30) days advance notice to Contractor. Contractor shall be reimbursed for all appropriate costs as provided for within
the Contract up to the termination date specified.
43. Time of the Essence: Time is and shall be of the essence in this Contract. If the delivery date(s) specified herein
cannot be met, Contractor shall notify the City using an acknowledgment of receipt of order and intent to perform
without delay, for instruction. The City reserves the right to terminate this Contract and to hold Contractor liable for
any cost of cover, excess cost(s) or damage(s) incurred as a result of delay.
44. Unauthorized Firearms & Explosives: No person conducting business on City property is to carry a firearm or
explosive of any type. All Offerors, Contractors and subcontractors shall honor this requirement at all times and
failure to honor this requirement shall result in Contract termination and additional penalties. This requirement also
applies to any and all persons, including those who maintain a concealed weapons permit. In addition to Contract
termination, anyone carrying a firearm or explosive device will be subject to further legal action.
45. Warranties: Contractor expressly warrants that all materials and/or goods delivered under the Contract shall
conform to the specifications of this Contract and be merchantable and free from defects in material and
workmanship, and of the quality, size and dimensions specified herein. This express warranty shall not be waived
by way of acceptance or payment by the City, or otherwise. Contractor expressly warrants the following:
A. All workmanship shall be finest and first-class;
B. All materials and goods utilized shall be new and of the highest suitable grade for its purpose; and
RFP# 24-087 TREE CARE AND MAINTENANCE SERVICES 16 | Page
C. All services will be performed in a good and workmanlike manner. Contractor’s warranties shall survive
inspection, acceptance and/or payment by the City, and shall apply to the City, its successors, agents and
assigns.
The Contractor agrees to make good by replacement and/or repair, at its sole expense and at no cost to the City,
any defects in materials or workmanship which may appear during the period ending on a date twelve (12) months
after acceptance by the City, unless otherwise specified herein. Should Contractor fail to perform said replacement
and/or repair to City’s satisfaction within a reasonable period of time, City may correct or replace said defective or
nonconforming materials and recover the costs thereof from Contractor. This warranty shall not operate to reduce
the statute of limitations period for breach of contract actions or otherwise or reduce or eliminate any legal or
equitable remedies.
46. Work for Hire and Ownership of Deliverables: The Contractor hereby agrees and covenants that all the results
and proceeds of the Contractor’s work and/or services for the Project specified herein, for the Contractor and all of
its agents, employees, officers and subcontractors, shall be owned by the City, including the copyright thereto, as
work for hire. In the event, for any reason such results and proceeds are not deemed work for hire, the Contractor
agrees and covenants that it shall be deemed to have assigned to the City all of its right, title and interests in such
results, proceeds and content to the City, without limitation. Contractor agrees to indemnify and hold the City
harmless from and against all claims, liability, losses, damages and expenses, including without limitation, legal
fees and costs, arising from or due to any actual or claimed trademark, patent or copyright infringement and any
litigation based thereon, with respect to any work, services and/or materials contemplated in this Contract.
Contractor agrees to pay to defend any and all such actions brought against the City. Contractor’s obligations
hereunder shall survive acceptance by the City of all covenants herein as well as the term of the Contract itself.
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Special Terms & Conditions and Instructions Proposals taking exception to Special Terms & Conditions and Instructions stated within this Request for Proposal may
cause the Proposal to be considered nonresponsive and rejected.
1. City Procurement Document: This Request for Proposal is issued by the City. No alteration of any portion of this
Request for Proposal by an Offeror is permitted and any attempt to do so shall result in vendor’s proposal Offer
being considered nonresponsive and rejected. No alteration of any portion of a resultant Contract is permitted
without the written approval of the Procurement Office and any attempt to do so shall be considered a breach of the
Contract. Any such action is subject to the legal and contractual remedies available to the City inclusive of, but not
limited to, Contract termination and/or suspension of the Contractor.
2. Offer Acceptance Period: To allow for an adequate evaluation, the City requires the vendor’s proposal Offer in
response to this Request for Proposal to be valid and irrevocable for one hundred and twenty (120) days after the
proposal due time and date.
3. Contract Type: Term with justifiable price adjustments allowed, indefinite quantity.
4. Term of Contract: The term of the Contract shall commence on the date of award and shall continue for a period
of two (2) years thereafter, unless terminated, canceled or extended as otherwise provided herein.
5. Contract Renewal: The City reserves the right to unilaterally extend the period of any resultant Contract for ninety
(90) days beyond the stated term. In addition, the City at its option may renew for supplemental terms of up to a
maximum of three (3) additional years. The period for any single renewal increment shall be determined by the
Procurement Office. Such increment shall not be for more than a period of one (1)year each, unless the City is
eligible to obtain a significant cost and/or supply advantage by a longer Contract renewal period.
6. Pricing:
A. Pricing accuracy and completeness are critical to the determination of an award. Offeror shall identify and
price all items being proposed.
B. In the case of system proposals, Offeror shall identify all items which are required to make the system
function in accordance with the specifications stated in the Request for Proposal.
C. If provided pricing pages do not cover all such items, the Offeror shall include an itemized listing of all
required products and services in the Proposal required for all system equipment to be fully functional and
in conformity with specifications stated in the Request for Proposal.
7. Price Adjustment:
A. The Procurement Office will review fully documented requests for price increases after the Contract has
been in effect for twelve (12) months. The requested price increase must be based upon a cost increase
that was clearly unpredictable at the time of the Proposal and can be shown to directly affect the price of
the item concerned. The Procurement Office will determine whether the requested price increase, or an
alternative option, is in the best interest of the City. Advanced thirty (30) day written notification by
Contractor is required for any price changes. All price adjustments will be effective on the first day of the
month following approval or acceptance by the Procurement Office. After the City approves a price increase
the Contractor shall not be eligible to receive an additional increase until twelve (12) months from the date
of the last approved price increase.
B. Price increase requests must be acknowledged in writing by the Procurement Office before becoming
effective. If not acknowledged within thirty (30) days, Contractor shall contact the Procurement Office to
ensure the price increase request was received.
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C. The Contractor shall offer any published price reduction or if applicable to the Contract, profit sharing price
advantage to the City concurrent with its announcement to other customers. A price reduction or profit-
sharing price advantage may be offered at any time during the term of an awarded Contract and shall
become effective upon notice and acceptance. The City shall likewise be given any special sales discounts
offered to the general public, which exceed contracted price discounts extended to the City by the
Contractor.
8. Contractor’s Risk: Contractor agrees to bear all risk of loss, injury, or destruction of materials (equipment/products)
ordered as a result of this Contract which occurs prior to delivery to the City; and such loss, injury, or destruction shall
not release Contractor from any obligation hereunder.
9. Insurance:
A. Insurance Required: Prior to commencing services under this Contract, Contractor shall procure and
maintain for the duration of the Contract insurance against claims for injuries (including death) to persons
and damages to property, which may arise from or in connection with the performance of the work
hereunder by the Contractor, its agents, representatives, employees, subcontractors, or sub-
subcontractors. For Offerors with self-insurance, proof of self-insurance with minimum limits expressed
below must be submitted on proper forms for evaluation prior to award of Contract.
A Contract Award Notice or Purchase Order will not be issued to the Contractor until receipt of all required
insurance documents by the Procurement Office with such documents meeting all requirements herein. In
addition, before any Contract renewal, all required insurance must be on file with the Procurement Office.
Contractor must submit required insurance within ten (10) calendar days after request by the Procurement
Office or the award may be rescinded and another Offeror selected for award.
B. Minimum Limits of Coverage: Without limiting any obligations or liabilities, the Contractor, at its sole
expense, shall purchase and maintain the minimum insurance specified below with companies duly
licensed or otherwise approved by the State of Arizona, Department of Insurance and with forms
satisfactory to the City. Each insurer shall have a current A.M. Best Company, Inc., rating of not less than
A-VII. Use of alternative insurers requires prior approval from the City.
i. Minimum Limits of Insurance. Contractor shall maintain the following minimum limits:
a. Commercial General Liability
Commercial general liability insurance limit of not less than $1,000,000 for each occurrence, with
a $2,000,000 general aggregate limit. The general aggregate limit shall apply separately to the
services under this Contract or the general aggregate shall be twice the required per occurrence
limit. The policy shall be primary and include coverage for bodily injury, property damage, personal
injury, products, completed operations, and blanket contractual coverage, including but not limited
to the liability assumed under the indemnification provisions of this Contract which coverage will be
at least as broad as Insurance Service Office policy form CG0001 or its equivalent.
In the event the general liability policy is written on a "claims made" basis, coverage shall extend
for two (2) years past completion and acceptance of the services as evidenced by annual
certificates of insurance. In addition, the retro date shall be no later than the start date of the
contract. The retro date shall be disclosed on the certificate of insurance.
Such policy shall contain a "severability of interests" provision.
RFP# 24-087 TREE CARE AND MAINTENANCE SERVICES 19 | Page
b. Worker’s Compensation
The Contractor shall carry worker’s compensation insurance to cover obligations imposed by
federal and state statutes having jurisdiction of Contractor employees engaged in the performance
of services; and employer’s liability insurance of not less than $100,000 for each accident, $100,000
disease for each employee and $500,000 disease policy limit.
In cases when services are subcontracted, the Contractor will require the subcontractor to provide
worker’s compensation and employer’s liability to at least the same extent as provided by
Contractor.
c. Automobile Liability
Commercial business automobile liability insurance with a combined single life or bodily injury and
property damages of not less than $1,000,000 per accident regarding any owned, hired, and non-
owned vehicles assigned to or used in performance of the Contractor services. Coverage will be
at least as broad as coverage Code 1 "any auto". Insurance Service Office policy form CA0001
Y87 or any replacements thereof. Such coverage shall include coverage for loading and unloading
hazards.
C. Additional Insured: The insurance coverage, except for workers compensation and professional liability
coverage, required by this Contract, shall name the City, its agents, representatives, directors, officials,
employees, and officers, as additional insureds, and shall specify that insurance afforded the Contractor
shall be primary insurance. The additional insured wording on the commercial general liability policy will
be at least as broad as Insurance Services Office policy forms CG2010 04/13 edition and CG2037 04/13
edition or their equivalent. The additional insured wording on the automobile liability policy will be at least
as broad as Insurance Services Office policy form CA 20 48 or its equivalent. This provision and the naming
of the city as an additional insured shall in no way be construed as giving rise to responsibility or liability of
the City for applicable deductible amounts under such policy(s).
D. Coverage Term: All insurance required herein shall be maintained in full force and effect until all work or
service required to be performed under the terms of the Contract is satisfactorily completed and formally
accepted by the City. Failure to do so shall constitute a material breach of this Contract.
E. Primary Coverage: Contractor’s insurance shall be primary insurance to the City, and any insurance or
self-insurance maintained by the City shall not contribute to it.
F. Claim Reporting: Any failure to comply with the claim reporting provisions of the policies or any breach of
a policy warranty shall not affect coverage afforded under the policy to protect the City.
G. Waiver: The policies, including workers’ compensation, shall contain a waiver of transfer rights of recovery
(subrogation) against the City, its agents, representatives, directors, officers, and employees for any claims
arising out of the work or services of the Contractor.
H. Deductible/Retention: The policies may provide coverage which contain deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall be disclosed by the contractor and shall
not be applicable with respect to the coverage provided to the City under such policies. Contractor shall
be solely responsible for deductible and/or self-insurance retention and the City, at its option, may require
Contractor to secure the payment of such deductible or self-insured retentions by a surety bond or an
irrevocable and unconditional letter of credit.
RFP# 24-087 TREE CARE AND MAINTENANCE SERVICES 20 | Page
I. Certificates of Insurance: Prior to commencing work or services under this Contract, Contractor shall
furnish the City with certificates of insurance, or formal endorsements as required by the Contract, issued
by the Contractor’s insurer(s), as evidence that policies providing the required coverages, conditions, and
limits required by this Contract are in full force and effect. Such certificates shall identify this Contract
number or name and shall provide for not less than thirty (30) days advance notice of cancellation,
termination, or material alteration. Such certificates shall be sent directly to: Contract Administrator, City of
Tempe, P. O. Box 5002, Tempe, AZ 85280.
J. Copies of Policies: The City reserves the right to request and to receive, within ten (10) working days,
certified copies of any or all of the above policies and/or endorsements. The City shall not be obligated,
however, to review same or to advise Contractor of any deficiencies in such policies and endorsements,
and such receipt shall not relieve Contractor from, or be deemed a waiver of, the City’s right to insist on
strict fulfillment of Contractor’s obligations under this Contract.
10. Payments - After Monthly Statement: Payment in full shall be made to the Contractor within thirty (30) days after
receipt and approval of monthly itemized statement, unless terms other than net thirty (30) days are offered as a
discount, at the City’s sole discretion.
11. Job Site Requirements and Clean-Up: Contractor agrees and covenants to adequately protect the work site,
adjacent property and the public in all phases of the work and/or services provided herein. Contractor shall be
solely responsible for all damages or injuries due to action or neglect pursuant to this section. Contractor shall
maintain access to all phases of the Project pending inspection by the City or its agent. Contractor hereby agrees
to the following as to the job site:
A. Continually keep the job site free from debris, waste and accumulation of materials;
B. Immediately clean up any oil, fuel or chemical spills and take any and all remediation necessary;
C. Keep machinery clean and free of weeds and debris;
D. Remove all construction stains, smears and debris from finished surfaces;
E. Perform site preparation to limit the spread of weeds, debris and other nuisances prior to submission of
final invoice to the City; and,
F. Remove all equipment, materials, tools and Contractor’s personal property prior to submission of final
invoice to the City.
12. Conduct and Dress Code: The Contractor's employees shall maintain proper conduct at all times while on City
property. Employees shall maintain a professional demeanor and show respect to other personnel at the work site.
Employees will be dressed appropriately for the work with badges or uniforms that identify them as employees of the
Contractor.
13. Safety, Health and Sanitation: The Contractor shall provide and maintain in a neat, sanitary condition such facility
accommodations for the use by their employees as may be necessary to comply with the requirements and regulations
of the Arizona State Department of Health or as specified by the Maricopa County Health Department, Sanitary Code.
The Contractor shall be fully responsible for the safety of their employees, the public and property in connection with
the performance of the work covered by this Contract. The Contractor shall provide all safeguards, safety devices
and protective equipment and be responsible for taking any needed actions to protect the life and health of their
employees and the public during work activity. The Contractor shall also take any necessary actions as directed by
the City Project Manager to reasonably protect the life and health of employees on this job and others coming into
contact with the job site. Precaution shall be exercised by the Contractor at all times for the protection of persons
(including employees) and property. The Contractor shall comply with the provisions of all applicable laws, pertaining
to such protection including all Federal and State Occupational Safety and Health Acts, and Standards and
Regulations promulgated there under.
RFP# 24-087 TREE CARE AND MAINTENANCE SERVICES 21 | Page
14. Protection and Restoration of Property and Landscape: The Contractor shall be responsible for all damage or
injury to public or private property of any character, during the prosecution of the work resulting from any act, omission,
neglect, or misconduct in its manner or method of executing the work or at any time due to defective work or materials.
The Contractor’s responsibility will not be released until the project has been completed and accepted.
If damage is caused by the Contractor, the Contractor shall restore at no cost to the City, such property to a condition
similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise
restoring as may be directed, or they shall make good such damage or injury in an acceptable manner. Further
payments will be withheld until the City has inspected the corrected damage or injury and has signed-off the
completion and acceptance. Contractor shall not dump spoils or waste material on private or public property without
first obtaining from the owner written permission for such dumping.
15. Responsibility for Work: The Contractor shall properly guard, protect, and take every reasonable precaution
necessary against damage or injury to all finished or partially finished work due to weathering action by the elements
or from any other cause, until the entire portion of their respective Contract obligation is completed and accepted by
the City. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work
before final acceptance at no cost to the City. Partial payment for any completed portion of work shall not release the
Contractor from such responsibility.
16. Employees of the Contractor: No one except authorized employees of the Contractor is allowed on the premises
of the City. Contractor employees are NOT to be accompanied in their work area by acquaintances, family members,
assistants, or any other person unless said person is an authorized employee of the Contractor. Failure of Contractor
to meet this requirement will result in permanent removal of employee performing work at the City sites.
17. Sub-Contractor(s): The City reserves the right to approve all sub-contractors. Contractor is responsible for all actions
of sub-contractors. Contractor shall name sub-contractors as additionally insured, in addition to the City on all required
insurance documents.
18. Safety Apparel Used by Contractor Employees/Staff: Contractor’s employees/staff shall be required to wear
safety apparel (i.e., eye, ear, face, protection, etc.) and appropriate clothing like long pants, long sleeve shirts, when
using landscape equipment such as, but not limited to lawnmowers, blowers, weed whackers, etc. Monitoring of safe
work performance will be performed by City staff.
19. Use of Safety Vests and Orange Colored Shirts: The Contractor will follow the City code on the use of high visibility
vests and clothing as specified below: The Tempe City Code addresses this matter in Section 29-4. Working within
right-of-way
(a) For the purposes of this section, the following words or phrases shall have the meanings respectively
ascribed to them by this subsection:
1) Motor vehicle means any vehicle required to be licensed or registered under the laws of the state.
2) Protective devices include, but are not limited to, orange vest (daytime), reflectorized orange vest
(nighttime), traffic cones, barricades, flashing lights, flares and any other traffic-control device as
required by the City.
3) Right-of-way means all of that property used as a traveled portion of public roadways for motor
vehicles lying between the exterior boundary lines of any area granted to or received by the City by
grant, gift, easement, deed, dedication or operation of law for street purposes.
Worker means any person whose duties cause his presence in the right-of-way.
(a) No person shall perform any work within the right-of-way until he is properly equipped with protective devices.
(b) Any person violating any of the provisions of this section shall be guilty of a misdemeanor and punishable as
set forth in subsection 1-7 of this code.
RFP# 24-087 TREE CARE AND MAINTENANCE SERVICES 22 | Page
(c) Following are a list of circumstances relative to the use of orange vests and/or orange shirts:
1) According to the City Code, orange shirts are acceptable for daytime use providing the color is still
bright and crisp. It is up to each supervisor to determine whether the color is still appropriate or not.
2) Orange shirts are not recommended for those who are qualified and certified to direct traffic. Those
who have received training to manually direct traffic from the Tempe Police Department are called
Manual Traffic Directors. When directing traffic, orange vests are required for higher visibility.
This also applies to certified flaggers at flagger stations. These persons do not direct traffic
in the roadway. They are off the traveled portion of the roadway, behind barricading and stationary
at an identified flagger station. However, vests and hardhats are required for higher visibility.
3) Reflectorized vests, that meet ANSI standards, are to be worn when performing any work-related
activity within the public right-of-way during the hours from dusk to dawn (sunset to sunrise). The
current City approved vests meet the current ANSI standards.
(e) These requirements apply to all persons; City personnel (including the police and fire department),
contractors, utility companies and any subcontractor or employee hired to perform work within public right-of-
way. Keep in mind that public right-of-way includes, not only the roadway itself, but also the sidewalk and
usually 3 feet to 8 feet or more of landscape area behind the sidewalk.
(f) Just a note for supervisors or foremen who may be visiting a job site for just a few minutes or more, to talk
with fellow coworkers: An orange shirt or vest is required when one exits their vehicle, depending on the time
of day.
20. Manual Traffic Directors: If your department is in need of manual traffic directors, it is imperative that such training
be made available. Otherwise, the only other approved means for directing traffic is by using a uniformed police
officer, preferably one who is off-duty and has been scheduled to accompany your work. Some examples where
manual traffic directors will be required are as follows:
(a) To assist in getting construction equipment in and out of a job site adjacent to the traveled portion of the
roadway.
(b) To direct traffic during a water main break, a hazardous waste spill, or any other emergency.
(c) May be used in place of police officers that are mandatory whenever manual control of traffic is necessary
and such control cannot be done by flaggers from the edge of the roadway.
21. Materials and/or Equipment: Materials and/or equipment, furnished by the City will be delivered or made available
to the Contractor when necessary. The Contractor will be held responsible for all materials and/or equipment accepted
by them and will make good any shortages, deficiencies or damages that may occur after such acceptance.
22. Traffic Operations on Roadways/Thoroughfares: Any and all work carried out on adjacent roadways and
thoroughfares will use the appropriate traffic barricading as set forth in the City of Phoenix TRAFFIC BARRICADE
MANUAL published by the Street Transportation Department as adopted by the City of Tempe. Any and all pruning
operations must comply with the safety standards set forth in ANSI 133. 1. All traffic control and lane closures shall
be presented as a written plan to City of Tempe Traffic Engineering (480-350-8219) of the Transportation Division.
Short term operations are allowed under Chapter 9 of the City of Phoenix Traffic Barricade Manual; however, the
City of Tempe has revised this policy to allow for short duration work up to thirty (30) minutes.
Non-compliance of any safety or related items within this Contract will result in a deficiency of performance
deduction of a minimum of $100 from the City payment made to the Contractor.
“Return this Section with your Response”
RFP# 24-087 TREE CARE AND MAINTENANCE SERVICES 23 | Page
Scope of Work The City of Tempe (“City”) is seeking proposals to establish a contract for the pruning of trees in Downtown Tempe, in rights-
of-way, around City-maintained facilities, and City parks and preserve lands. This includes the Salt River bottom west of
the Tempe Town Lake and the Indian Bend wash east of the Tempe Town Lake. The length of the contract is for two (2)
years with the option to renew for a maximum of three (3) additional years. A contract will be awarded to a single contractor
on an all-or-none basis. Palm pruning is not included in this contract and is covered under a separate contract.
Pruning of trees on City-maintained properties will be on an as needed basis directed by the responsible City Contract
Administrator. The Contractor shall contact the Contract Administrator for any special pruning direction dependent upon
the project. The Contractor may also be directed to prune trees located on adjacent private property as needed.
Tree pruning will generally follow the ‘Natural Pruning’ system including structural pruning (young trees), crown cleaning,
crown thinning, raising, reduction or restoration depending on tree needs. All pruning practices are to follow the ANSI A-
300 (Part 1) Pruning Standards and the International Society of Arboriculture Best Management Practices for pruning.
The Contractor shall meet with the City Contract Administrator to determine pruning objectives. The City Contract
Administrator shall have complete and sole discretion in determining the conformance and acceptability of trees trimmed
by the Contractor. Pruned trees rejected by the City Contract Administrator shall be excluded from payment.
Tree planting may be required as part of this maintenance contract. The Contractor shall be responsible for providing and
installing new trees, tree staking, adjusting or adding irrigation lines or tubing to root ball. All trees shall be installed per City
of Tempe standard details under the direction of the Contract Administrator. All newly planted trees shall be warranted for
one (1) year by the Contractor and replaced immediately upon failure.
The City has approximately 28,000 trees total in the contracted areas, with approximately 18,000 trees located around
facilities and in city parks and preserves, and 10,000 trees located in the city rights of way.
It is strongly recommended that any Offeror should review the City’s trees and locations. Additional information can be
found at www.urbanforestry.tempe.gov.
There are a couple of areas in the rights-of-way and parks that require a key, but vendors should be able to easily view the
trees through the fence.
Contract Requirements
1. All equipment, licensing, certifications, labor, and expertise necessary to complete this contract in the time allotted
will be the sole responsibility of the Contractor to have in place at the time of contract award. All lift equipment,
chippers, chain saws, and other power equipment shall be operated and supervised by a Certified Tree Worker of
the Contractor.
2. The awarded Contractor shall have a Certified Arborist on staff and available to be onsite with the staff while
providing services as part of this contract.
3. The City requires that all pruning be performed in adherence to the safety standards described in ANSI Z 133.1.
4. Maintaining the health and appearance of the City’s trees is a high priority. Pruning operations are to provide clear
passage of pedestrians in sidewalk areas and clear passage of vehicles along roadways around Tempe. Further,
it is the intent of pruning operations to provide for unobstructed views of all traffic control devices and signage in
the rights-of-way. Pruning of trees will be required to provide for eight and one half (8 ½) feet of vertical clearance
over all sidewalk areas and all parking space areas adjacent to roadways. Pruning of trees will be required to
provide for fourteen and one half (14 ½) feet of vertical clearance over the actual roadway of any primary or major
arterials. In any case, no pruning operation will remove more than a maximum of fifteen percent (15%) of the foliage
or canopy of any given tree except in those cases where the Contract Administrator or their authorized designee
expressly directs such pruning.
“Return this Section with your Response”
RFP# 24-087 TREE CARE AND MAINTENANCE SERVICES 24 | Page
5. Traffic Control: It shall be the responsibility of the Contractor to comply with the City of Tempe Traffic Barricade
Manual (latest revision) and, where noted, the Manual on Uniform Traffic Control Devices (MUTCD) (latest revision).
The Contractor is responsible for furnishing all required temporary traffic control devices (i.e. arrowboards, signs,
barricades, cones, etc.) for any planned restrictions to facilitate the work under this agreement. All costs for
temporary traffic control used for any work under this agreement shall be included in the bid price. No additional
payments will be made to the Contractor for temporary traffic control other than what is provided in this document
or as approved by the Contract Administrator. All traffic control and lane closures need to be presented as a written
plan to a designated representative in the City’s Transportation Studies and Design Division. When permissible, a
rolling operation is preferred.
6. A majority of the time, traffic control will be handled by the Contractor, but on some occasions the City may require
the company to obtain a traffic control plan and utilize a barricade company.
7. A schedule of work to be performed must be established by the Contractor and approved by the Contract
Administrator before any pruning operations may commence. Off-hour or night work may be allowed, in many
instances preferred, in non-residential districts to minimize traffic disruptions and the normal operations of adjacent
businesses.
8. All pruning sites shall be coordinated with the Contract Administrator. There will be no exceptions to this stipulation.
Any damage to turf, hardscapes, or irrigation systems resulting from ignoring this stipulation will be charged to the
Contractor. This amount will be deducted from the final billing. Any disputes arising from this statement shall be
ultimately settled by the Contract Administrator.
9. The Contractor shall also include a line-item cost for any additional trees, except palms identified during the life of
this contract.
10. None of the work shall interfere with the day-to-day business of City operations or City business owners. This will
require scheduling for off business hours, including night work, and/or weekends. All operations will be conducted
to provide maximum safety for the public and minimize disruption of the public use of City streets. While performing
work of any type, the tree worker should inspect for any obvious hazards related to trees. All hazardous situations
should be corrected or promptly reported to the City. Any structural defect or weakened tree shall be reported to
the City’s Representative. During operations, the Contractor shall clean sidewalks, roadways, and any other areas
littered or soiled by operations. Upon completion of any tree work, the Contractor shall remove remaining excess
materials, waste, rubbish, debris, and his/her construction and installation equipment from the premises. Removal
and disposal of all debris resulting from tree operations are at the Contractor’s expense.
11. If a legitimate complaint is received from one of the business owners, the Contractor shall have a maximum two (2)
hours to respond and clean the site properly or the City shall perform the work and deduct the cost of this clean up
from the final bill. The two (2) hour response time will start from the time the phone call is placed to the Contractor.
This includes weekends and holidays.
12. None of the work shall interfere with the general flow of traffic on any main arterial road so named by the Contract
Administrator. Work on those areas shall be scheduled one (1) week prior with the Contract Administrator.
13. The Contractor shall work with the Contract Administrator to arrange barricading in all areas where this is necessary.
The Contractor is responsible for all barricading costs. The Contractor shall not move or otherwise interfere with
barricades once they are in place.
14. If the Contractor has trees that in his opinion cannot be reached with an aerial truck he/she may contact the Contract
Administrator. Only with permission from the Contract Administrator may trees be climbed.
“Return this Section with your Response”
RFP# 24-087 TREE CARE AND MAINTENANCE SERVICES 25 | Page
Contractor Supervisors and Crews
The Contractor shall have the following manpower assigned solely to this contract:
1. One (1) Supervisor, with complete authority to act on behalf for the Contractor in any situation will be assigned.
This individual will be the main contact person for the City and shall be available at all times, from Monday to
Saturday throughout the year. This individual will be required to possess knowledge of plants and trees. This
position will be assessed by the Contract Administrator for their effectiveness with interacting with City personnel,
citizens, and ability to maintain a written schedule.
2. There shall be a Certified Arborist available to the crew and the entire crew will be knowledgeable of the needs of
this contract.
3. Actual crew size will be the responsibility of the Contractor to establish. However, these crews will be dedicated to
the City’s contract. They will answer to the Contract Administrator. The effectiveness of these crews to successfully
maintain the schedule created by the Contract Administrator and Contractor’s Supervisor will have a direct bearing
on any increases granted each year at the anniversary date of this contract.
Identification/Wearing Apparel (Vehicles and Employees)
The Contractor shall use trucks and vehicles licensed for use on public streets. Vehicles shall be equipped with a light bar
which is clearly seen from a distance no less than 500’. Required signage includes Contractor’s company name and/or
logo to be apparent as to the nature of the business of the occupant of the vehicle. Signage shall appear on the right and
left sides of the vehicle. All vehicles that are used to transport materials and equipment used in performing the work of the
contract shall have this proper signage. The Contract Administrator will approve proper identification of vehicles during the
life of the contract.
Contractor’s employees shall wear conservative style shirts and orange/yellow reflectorized vests or shirts that meet ANSI
standards. Reflectorized shirts or vests are to be worn when performing any work-related activity within public rights-of-
way. Shirts may also have company name or logo on the backside of the shirt.
Contractor will provide employees with identification nametags including the name of the employee, picture of the employee,
and will have the Contractor’s company name and applicable logo. Employees shall wear the nametag in plain view at all
times while performing the work of this contract. All employees shall have business cards of their supervisor available. The
‘lead person’ of each crew shall wear a badge clearly identifying the person as the ‘lead person’.
Neither iPod type radios, nor any apparatus, which may impede hearing or sight, will be allowed, other than earplugs or
safety glasses.
Contractor’s employees shall wear uniform style slacks or Levi’s type slacks. Cut-offs and short-shorts are not acceptable
apparel. Outlandish styles, patterns, hats, and colors of contractor employee’s wearing apparel that would promote
negativity in the workplace or advertise any product other than the Contractor’s company name and/or logo will not be
allowed. Sandals, thongs, flip-flops, open-toed shoes, and the like are not acceptable.
Contractor shall provide a roster of his employees working at the contracted sites for the life of the contract. Contractor
shall be required to update roster monthly to all changes made in personnel at contracted sites.
Assessment of Work
Contractor shall meet on-site or off-site with the Contract Administrator on a regular ongoing basis to ensure proper
performance of the contract.
Performance surveys may be distributed to staff of the contracted sites from time to time. Results of these surveys will be
reviewed with the Contractor, as Contract Administrator deems necessary. The Contract Administrator will monitor the
performance of the Contractor’s employees. Performance will be measured against contract specifications, through
observation of Contractor’s employees while performing contracted service, and by observing the site after services are
completed and reports from Contractor.
“Return this Section with your Response”
RFP# 24-087 TREE CARE AND MAINTENANCE SERVICES 26 | Page
Tree Inventory and Work Management Software Application
A robust Tree Inventory and Work Management Software Application is crucial to successfully managing the City’s urban
forestry work and is a requirement for award of this contract. The proposed software solution will be evaluated based on its
ability to meet the “Required Features” listed, as well as, “Desirable Features” that may be available. The software will be
evaluated as a portion of the Contractor’s overall Proposed Solution and will be scored as Fully Meets, Partially Meets,
Does Not Meet, and Not Enough Information to Evaluate (Unknown). Ratings of less than Fully Meets will negatively impact
this assessment.
A. Software Application Required Features
1. GIS (Geographic Information System) based and with ability to be linked.
2. Web or Cloud hosted, and browser based. No locally installed systems will be accepted.
3. Must be able to fully integrate the City’s current tree inventory data into the proposed application where it shall be
fully accessible (must be demonstrated prior to award).
4. Ownership of all tree inventory data/information, whether integrated from existing records or captured during this
contract, is work product that shall be retained by the City of Tempe and upon termination of this agreement shall
be returned/provided upon request, in a usable electronic file format (CSV, XML, GIS, etc.).
5. The software contains a mobile application solution that allows access to the database and tree inventory.
6. Ability to store, retrieve, update, delete, add tree records, and access work histories from desktop computers or
mobile devices (Android and IOS are the preferred operating systems for mobile users).
7. Application shall function in real-time (live) enabling its users, whether desktop or mobile, the ability to
simultaneously see, access, and act upon that information.
8. Intuitive/User-friendly interface that is easy to understand and operate on desktop and mobile versions.
9. The proposed software solution shall clearly identify the physical locations of all inventoried trees and through the
use of the following attributes:
a. Site name
b. Site address
c. Geo-location identifier/pin on GIS Map, display of latitude and longitude coordinates in system
d. Placing a point/pin on a satellite image of a map
e. Entering latitude and longitude coordinates
f. Entering an address
g. Ability to input, access, and edit/update clarifying notes describing the tree’s location
h. Entering distances from the tree to a semi-permanent object (fire hydrant, light post, etc.)
i. Uploading a ground-level photo of the tree’s location
j. Ability to display various map views of tree inventory locations: aerial, satellite, etc.
k. Map tools that allow user to measure and capture linear distances between tree location and a fixed object.
B. Software Application Desirable Features
1. The system allows for the following:
a. The system displays tree specifics along with a representative photograph of the species type and a
recommended maintenance field. The tree specifics also contain work history and other relative information.
b. The system maintains maintenance records and all work performed for each location and tree.
c. The ability to group data into geographic zones or districts.
d. Report on any features that can be customized to the specific needs of the customer.
e. The mobile application allows for work orders to be issued and the ability to view List Track Reports.
f. The system allows for search and query abilities to pull collected data via a reporting dashboard.
“Return this Section with your Response”
RFP# 24-087 TREE CARE AND MAINTENANCE SERVICES 27 | Page
2. The system contains the following standard reporting options:
a. Inventory
b. Work Summary
c. Invoice View
d. Job Balance
e. Recycling
f. Work History
g. DSH Frequency
h. Height Frequency
i. District Frequency
j. Species Frequency
k. Work Type by District Frequency
l. All Trees and Street Addresses
m. Estimated Tree Value
3. The system allows for custom reports to be generated
4. The system allows for data to be exported to an external system in the following export data types:
a. Comma-Separated Values (CSV)
b. Geographic Information System (GIS) Shape Files
c. Extensible Markup Language (XML) Format
d. Data formatted for analysis in the USDA Forest Service i-Tree Software
Contractor’s Non-Compliance/Non-Performance
If the Department Manager or Manager’s designee does not approve of the performance of the Contractor, the Manager
may require a formal written report from the Contractor. Based on the formal written report and other facts the Manager
may gather, the Manager may determine that the Contractor has not performed the work satisfactorily, and the Contractor
may not be paid for the period of “non-compliance,” pro-rata for each day of non-compliance based on the total contract
amount divided by the working days available.
If a default situation occurs as a result of the Contractor’s non-performance and/or non-compliance to the specifications and
requirements herein or any other work applicable under this Contract, Contractor agrees that the City may withhold payment
or partial payment of any and all invoices submitted by the Contractor for such period. This provision shall have no effect
on any other rights the City may have under this Contract.
Description of Deficiencies, Incomplete Performance and Non-Performance
The City representative will advise the Contractor verbally and in writing each time performance is unsatisfactory and
corrective action is necessary.
1. Performance deficiencies - Some examples include failure to comply with the requirements of the conditions
of this Contract, including, but no limited to, the required Scope of Work, reports, schedules and/or
directives from a City representative or performing the work within the scheduled time frame. Deductions
in payment by the City to the Contractor of a minimum of One Hundred Dollars ($100.00) up to Two Hundred
and Fifty Dollars ($250.00) per instance per workday or 100% of the line-item amount per instance.
2. Failure to comply with minimum City defined certification requirements. Deductions in payment by the City
to the Contractor of One Hundred Dollars ($100.00) up to Two Hundred and Fifty Dollars ($250.00) per
employee per workday.
“Return this Section with your Response”
RFP# 24-087 TREE CARE AND MAINTENANCE SERVICES 28 | Page
3. Failure to provide adequate work teams or equipment resources in compliance with Scope of Work.
Deductions in payment by the City to the Contractor of a minimum of One Hundred Dollars ($100.00) up to
Two Hundred and Fifty Dollars ($250.00) per instance per workday.
4. Failure to protect public health and/or correct safety concerns, including but not limited to, inspecting City
property for hazards, responding to emergencies, and providing adequate traffic control measures.
Deduction of in payment by the City to the Contractor of a minimum of One Hundred Dollars ($100.00) and
up to Two Hundred and Fifty Dollars ($250.00) per occurrence.
5. Failure to implement proper horticultural practices or perform palm maintenance operations, including but
not limited to failure to properly dispose of trimmings or clean-up work site. Deduction in payment by the
City to the Contractor of a minimum of One Hundred Dollars ($100.00) and up to Two Hundred and Fifty
Dollars ($250.00) per occurrence or 100% of the line-item amount per instance.
6. Failure to comply with conditions, specifications, schedules and directives from the City representative or
Department Manager. Deduction in payment by the City to the Contractor of a minimum of One Hundred
Dollars ($100.00) and up to Two Hundred and Fifty Dollars ($250.00) per occurrence.
Emergency Response:
The Contractor will provide the City a twenty-four (24) hour emergency phone number and name of at least two (2) contacts
who can be called by City representatives when emergency maintenance conditions occur. The Contractor shall be prepared
to respond to emergency request calls on a twenty-four (24) hour, seven (7) day per week basis. "Emergency Request
Work" shall mean any work the City requests the Contractor to perform which is in response to an immediate hazard or
other emergency as determined by the City. The Contractor shall respond to an emergency within one (1) hour of initial City
contact. Failure to respond shall be considered a default of the Contract. Repeated failures are subject to termination as
set forth in Tempe Standard Terms and Conditions Section 17. The Contractor shall ensure the emergency response crew
consists of at least three (3) crew members, vehicles, equipment, and tools necessary to properly remove and dispose of
tree hazards. During “off duty” hours, the Contractor’s crew assigned to respond to the emergency shall only take those
actions that will enable the problem to be downgraded from an emergency. However, in no case shall a hazardous condition
be left uncorrected.
Work performed under this section is to be compensated per hour of the crew. The proposed price shall be inclusive of
labor, vehicles, equipment, tools, and supplies. Travel time will not be compensated. Should an emergency occur within
the duration of the contract, the Contractor shall assist with emergency clearing of trees, limbs, and root-balls. The City will
notify the Contractor of the location(s) or outlying areas for clearing. The Contractor will be responsible for clearing all
locations as notified by the City.
On Duty hours shall be defined as Monday – Friday, 6:00 AM – 5:00 PM. Work performed during this time shall not be
considered an emergency response.
The Contractor's crew who responds to each emergency shall fill out a "Work Report" for "Emergency Request Work" with
information that explains the emergency call out and the actions taken to correct the problem. The report shall also indicate
the name of the City Employee who called, the time of day when he/she received the call, the time of day upon his/her
arrival at the job site, and the elapsed time spent on the job site correcting the problem.
Payment for "Emergency Request Work" shall comply with the Contractor's rates listed in the bid documents. However, if
the emergency was caused by the Contractor's failure to adequately perform "Routine" or "Extra" maintenance work, no
compensation shall be made for responding to the emergency. The City shall determine whether or not payment is due after
reviewing the "Emergency Request Work" and the work performed.
“Return this Section with your Response”
RFP# 24-087 TREE CARE AND MAINTENANCE SERVICES 29 | Page
Proposal Questionnaire Questionnaire responses and supporting documentation provided will be used to evaluate the proposal. In order to evaluate
an Offeror’s overall experience and competence to perform the Scope of Work described herein, the City may rely on
additional resources beyond the information provided.
Question Response
Experience and Qualifications of Staff
1. Describe your company and its history – include years
in business for this type of service.
2.
List all of the staff members that will be completing the
work under this contract and describe the role each
person will take. For each person, please list their
qualifications to perform the work, their experience as it
relates to the scope of work, any certifications they
prosses and any skills they have that better qualify them
to perform this contract.
3. Provide copies of all arborist and tree workers
certificates for all staff assigned to this contract possess.
4.
List your designated ATSSA certified individual who will
be assigned to this contract. Provide a copy of their
certification with your response.
5.
Describe your method for work site clean-up and
disposal of cut branches, leaves and any other debris
caused by completion of work. How often will clean-up
and disposal be performed to maintain the safety of
employees and the public.
6. Provide your E-mod for the past five (5) years.
Project Understanding and Approach
1. Describe your firm’s approach to trimming the trees
along Mill Avenue and around City Hall.
2.
Describe how your firm’s approach will meet ANSI A300
standards in addition to the standards identified in this
RFP.
3.
For safety purposes, professional equipment must be
used to work above ground in the pruning and trimming
of trees and such equipment must be designed to
prevent falling, must comply with the City of Tempe,
State, Federal and OSHA safety requirement and be
acceptable to the City. List equipment to be used in tree
pruning/trimming work (boom lifts, etc.).
“Return this Section with your Response”
RFP# 24-087 TREE CARE AND MAINTENANCE SERVICES 30 | Page
Question Response
4.
Describe the safety barricades to be used by your firm
to protect employees and the public and meet City,
State, and Federal OSHA requirements.
5. Detail any added value to the City that an award to your
firm will generate.
References
1. Provide three (3) references for the type of work performed by your company. Government or corporate references
should be used if available.
Reference 1:
Organization/Firm Name:
Contract Name:
Phone Number:
Email Address:
Dates the work performed:
Description of the work completed:
Reference 2:
Organization/Firm Name:
Contract Name:
Phone Number:
Email Address:
Dates the work performed:
Description of the work completed:
Reference 3:
Organization/Firm Name:
Contract Name:
Phone Number:
Email Address:
Dates the work performed:
Description of the work completed:
“Return this Section with your Response”
RFP# 24-087 TREE CARE AND MAINTENANCE SERVICES 31 | Page
Question Response
Conformance to Request for Proposal
1. Do you agree to the Terms and Conditions of this RFP? Yes _____ No ______
a If No, explain to right.
2.
Will you comply with and be responsible for all safety
requirements and procedures to prevent accidents
and/or injuries?
Yes _____ No ______
3. Will you submit the insurance as required? Yes _____ No ______
RFP# 24-087 TREE CARE AND MAINTENANCE SERVICES 32 | Page
Evaluation Criteria Proposals will be reviewed by an Evaluation Committee consisting of City staff using the criteria and process outlined below.
Evaluation Process
1. The Procurement Office will verify that all proposals meet the requirements to be considered responsive.
Responses that do not comply with any mandatory requirements will be considered non-susceptible for award and
not forwarded to the Evaluation Committee for scoring.
2. The Evaluation Committee will review and score all responsive proposals and rank them based on the committee’s
scores. Any proposals determined to score outside of the competitive range may be removed for non-susceptibility.
Remaining Offerors may be invited for interviews, negotiations, site visits and best and final offers as determined
at the sole discretion of the City.
It is important to note that firms may be removed for non-susceptibility anytime during the evaluation process and not just
at the specific points noted above.
Award Criteria Weight X Rating = Points
1. Cost 30 X =
2. Project understanding and approach 25 X =
3. Experience and qualifications of staff and equipment and resources to
perform the scope of work 25 X =
4. References and general experience of company 15 X =
5. Quality and completeness of proposal; acceptance of terms and
conditions 5 X =
Total =
This proposal will be evaluated on a cumulative point system using the rating scale shown below (fractional points may be
selected within this range).
Scoring
Outstanding 9 - 10
Good 6 - 8
Average 4 - 5
Poor 1 - 3
Not Addressed or Unacceptable 0
To evaluate the cost portion of the above criteria, the City may elect to evaluate each firm on a percentage basis of the
lowest cost offer. The formula would be: (Lowest Priced Offer/Evaluated Firm’s Price) x Points Possible = Evaluation Points.
“Return this Section with your Response”
RFP# 24-087 TREE CARE AND MAINTENANCE SERVICES 33 | Page
Pricing Section
DESCRIPTION OF REQUIRED MATERIAL, SERVICE OR CONSTRUCTION UNIT UNIT COST
Tree Removal
Tree and stump removal under 30” dbh Per Dbh Inch $___36_____
Tree and stump removal over 30” dbh Per Dbh Inch $___46_____
Tree removal only under 30” dbh Per Dbh Inch $__26______
Tree removal only over 30” dbh Per Dbh Inch $__36______
Stump removal only Per Diameter
Inch $___16_____
Group Pruning
4” to 15” Per Tree $____90____
15” to 30” Per Tree $___115____
Over 30” Per Tree $___255____
Individual Tree Pruning
4” to 15” Per Tree $____135___
15” to 30” Per Tree $___225____
Over 30” Per Tree $__420_____
Tree Planting (includes tree, labor, stakes and ties)
15-gallon tree Per Tree $___250____
24-inch box tree Per Tree $___450____
36-inch box tree Per Tree $___1200____
Tree Watering Per Application $____24____
Crew Rental
3-person with equipment Per Man Hour $___93_____
Arborist Per Man Hour $__150_____
Emergency Crew Rental
3-person with equipment Per Man Hour $___140____
Arborist Per Man Hour $___180____
“Return this Section with your Response”
RFP# 24-087 TREE CARE AND MAINTENANCE SERVICES 34 | Page
DESCRIPTION OF REQUIRED MATERIAL, SERVICE OR CONSTRUCTION UNIT COST
Specialty Equipment
Equipment Type:
Roll Off Truck $___93____
Front End Loader or Bobcat $____93____
95Ft Aerial Lift $____93____
30-ton Crane $___186____
DESCRIPTION OF REQUIRED MATERIAL, SERVICE OR CONSTRUCTION UNIT UNIT COST
GPS Tree Inventory Per Tree Site $_____3____
• Updates to inventory Per Tree Site $____6_____
Tree Inventory Software Program Annual Cost $___0______
* Applicable Tax %
* State correct jurisdiction to receive sales tax on the Vendor's Offer, included in this Request for Proposal.
Less prompt payments discount terms of % days/ or net thirty (30) days. (To apply after receipt and acceptance of an
itemized monthly statement.) For evaluation purposes, the City cannot utilize pricing discounts based upon payments being
made in less than thirty (30) days from receipt of statement.
Ordering and Invoice Instructions
Invoices shall be issued directly to the ordering department. Invoices shall be accurate and complete including the
information shown below. Failure to provide a properly documented invoice may cause a delay in receipt of payment. The
City will not process an invoice for payment until it has been approved by the ordering department and forwarded to Accounts
Payable. The City endeavors to process invoices within 30 days after receipt of an accurate and complete document.
Invoices shall include:
1. Line item listing of all ordered items to include description of items;
2. Unit cost and extended cost for each line item;
3. Applicable Tax;
4. Payment Terms;
5. Purchase Order Number;
6. Name of selling organization clearly stated on invoice along with address;
7. Phone number and or e-mail address for contact person to clarify invoicing questions;
Invoices that do not follow the above minimum invoicing requirements will not be paid. Payment must be applied to only
invoices referenced on check/payment stub. The City reserves the right to process payments via check or P-Card.
Accounting Contacts: Carey Alf Letters A – H and Numbers
Carlene Foster Letters I – Z
Yesenia Loredo Flores General AP Inquiries and AP Checks
“Return this Section with your Response”
RFP# 24-087 TREE CARE AND MAINTENANCE SERVICES 35 | Page
Vendor’s Offer Offeror must complete, sign and submit this form to the Procurement Office with the proposal response. An unsigned
“Vendor’s Offer”, late proposal response, and/or a materially incomplete response will be considered nonresponsive and
rejected. Offeror is to type or legibly write in ink all information required below. A scanned copy of this page is acceptable.
Company Name:
Company Purchase Order Mailing Address:
Street Address:
City, State, Zip:
Contact Person: Phone Number:
E-mail Address: Cell Number:
Remit to Information
Company Name (as it appears on invoice):
Company Payment Remit to Address:
Street Address:
City, State, Zip:
Company Tax Information
If a Tempe-based firm, provide Tempe Transaction Privilege (Sales) Tax No.:
Payment Options
Will your company accept the City’s Master Card for payment? Yes No
Will your company accept Payment via ACH (Automated Clearing House) for payment? Yes No
THIS PROPOSAL IS OFFERED BY
REQUIRED SIGNATURE OF AUTHORIZED OFFEROR
By signing this Vendor’s Offer, Offeror acknowledges acceptance of all terms and conditions contained herein and that
prices offered were independently developed without consultation with any other Offeror or potential Offeror. Failure to sign
and return this form with proposal response will be considered nonresponsive and rejected.
Signature of Authorized Offer Date
Print or Type Name of Authorized Individual Title of Authorized Individual
“Return this Section with your Response”
RFP# 24-087 TREE CARE AND MAINTENANCE SERVICES 36 | Page
Anti-Discrimination Policy
COMPLIANCE WITH CITY’S ANTIDISCRIMINATION
ORDINANCE NO. 02016.25
_________________________________________________
The Tempe City Council approved Ordinance No. 02016.25 that requires vendors who are being recommended for
award to provide evidence of their compliance with the City’s antidiscrimination policy as shown below:
Sec. 2-601. Policy.
It is declared to be the policy for the citizens of Tempe, Arizona, to be free from discrimination in public
accommodations, employment, and housing, and contrary to public policy and unlawful to discriminate against any
person on the basis of race, color, gender, gender identify, sexual orientation, religion, national origin, familial status,
age, disability, or United States military veteran status, in places of public accommodation, employment, and
housing; and contrary to the policy of the city and unlawful for vendors and contractors doing business with the city
to discriminate, as set forth in this article.
Sec. 2-603. Unlawful Practices.
The following shall constitute a violation of this article:
For a city vendor or city contractor, because of race, color, gender, gender identify, sexual orientation, religion,
national origin, familial status, age, disability, or United States military veteran status, to refuse to hire or employ or
bar or discharge from employment any person, or to discriminate against such person in compensation, conditions,
or privileges or employment. City vendors and contractors of fifteen (15) or more employees shall provide a copy of
its antidiscrimination policy to the Procurement Officer to confirm compliance with this article. Employers having
fourteen (14) or less employees may attest in writing to compliance with this article.
Vendor Requirements
Vendors who have fifteen (15) or more employees shall include with their bid/proposal submittal a copy of its
antidiscrimination policy that must mirror the City’s policy as stated above. Suppliers who have fourteen (14) or less
employees may include their antidiscrimination policy or complete a written affidavit of compliance per the attached.
To be completed by responding company and returned with submittal:
_____ Our company has 15 or more employees and has included its antidiscrimination policy that mirrors the
City’s policy;
_____ Our company has fourteen (14) or less employees and is attaching the signed AFFIDAVIT OF
COMPLIANCE WITH TEMPE CITY CODE CHAPTER 2 ARTICLE VIII SECTION 2-603(5).
Please include this document along with the company’s antidiscrimination policy or the completed affidavit with offer
submittal
“Return this Section with your Response”
RFP# 24-087 TREE CARE AND MAINTENANCE SERVICES 37 | Page
Only complete this document if you have 14 or less employees.
AFFIDAVIT OF COMPLIANCE WITH TEMPE CITY CODE
CHAPTER 2 ARTICLE VIII SECTION 2-603(5)
_________________________________________________
Per Tempe City Code Chapter 2 Article VIII Section 2-603(5), it is unlawful for a City vendor or City
contractor, because of race, color, gender, gender identity, sexual orientation, religion, national origin,
familial status, age, disability, or United States military veteran status, to refuse to hire or employ or bar or
discharge from employment any person, or to discriminate against such person in compensation, conditions,
or privileges of employment.
City vendors and contractors shall provide a copy of their antidiscrimination policy to City to confirm
compliance with this requirement or attest in writing to compliance.
CONTRACTOR means any person who has a contract with the City.
VENDOR means a person or firm in the business of selling or otherwise providing products,
materials, or services.
CONTRACTOR/VENDOR, select one:
_____ Current copy of antidiscrimination policy attached
OR
_____ I hereby certify _________________________________ (contractor/vendor) to be in compliance with
Tempe City Code Chapter 2 Article VIII Section 2-603(5).
____________________________________ Date: _____________________
Signature
____________________________________ __________________________
Print Name Title
____________________________________
Company
“Return this Section with your Response”
RFP# 24-087 TREE CARE AND MAINTENANCE SERVICES 38 | Page
Affidavit of Compliance with House Bill 2488
AFFIDAVIT OF COMPLIANCE WITH HOUSE BILL 2488
SUPPLIER AGREES TO NOT USE THE FORCED LABOR OF ETHNIC UYGHURS IN THE
PEOPLE’S REPUBLIC OF CHINA
_________________________________________________
Per House Bill 2488 approved by the Arizona Legislature, this law stipulates that a public entity may not enter into
or renew a contract with a company for the acquisition or disposition of supplies, services, goods, information
technology or construction unless the contract includes written certification that the company does not currently,
and agrees for the duration of the contract that it will not, use:
• The forced labor of ethnic Uyghurs in the People’s Republic of China;
• Any services or goods produced by the forced labor of ethnic Uyghurs in the People’s Republic of China;
and
• Any suppliers, contractors or sub-contractors that use the forced labor of any services or goods produce by
the forced labor of ethnic Uyghurs in the People’s Republic of China
Based on the above, the supplier certifies:
I hereby certify _________________________________ (contractor/vendor) to be in compliance with Arizona
House Bill 2488
____________________________________ __________________________
Signature Date
____________________________________ __________________________
Print Name Title
____________________________________
Company
“Return this Section with your Response”
RFP# 24-087 TREE CARE AND MAINTENANCE SERVICES 39 | Page
Supplier Sustainability Questionnaire The City of Tempe is strongly committed to sustainable practices and programs that help build a vibrant and resilient
community. The City accomplishes this through a variety of innovative programs, including water and energy conservation,
recycling, composting, alternative transportation, sustainable business practices and environmental stewardship. Tempe
recently established its 2019 Climate Action Plan (CAP) that provides a guideline for how the City will take local action on
global climate change by reducing its greenhouse gas (GHG) emissions and adapting to the changing climate. The Climate
Action Plan serves as a guideline for the City’s path toward a sustainable and resilient future that will benefit the entire City.
The City has strengthened its commitment to sustainability by adopting a new carbon neutrality goal by 2050 and a strategy
of sourcing 100 percent of its electricity from renewable sources by 2035. To learn more about the City’s commitment to
sustainability, please visit https://www.tempe.gov/government/sustainable-tempe.
To further this commitment, the City has developed a Sustainable Procurement Policy that provides specific guidelines for
how these important sustainable practices and programs will be reflected in contract award decisions. By partnering with
companies who share these sustainability goals, the City will be able to significantly enhance sustainable outcomes.
To support these efforts, the following Supplier Sustainability Questionnaire has been developed that will allow the City to
better understand your company’s efforts and commitments regarding sustainable practices and initiatives. This
questionnaire has two sections – a section to understand what your company is doing regarding sustainable actions and a
section to understand the specific sustainable attributes of the product or service that you are offering.
Item
Question
Response
Corporate Sustainable Actions
1.
What sustainability guidelines or environmental statement does
your company have to guide the company as a whole? Please
include a link.
2. What is your company doing to be more energy efficient?
3. What is your company doing to reduce greenhouse gas
emissions?
4. What is your company doing to reduce waste transferred to
landfills?
5. What is your company doing to reduce water waste?
6.
What kind of effort does your company make to reduce the use of
environmentally harmful materials (such as cleaning products,
etc.)?
7. Does your company take any actions to manage the sustainability
of your supply chain? If yes, please explain.
8.
Has your company received any environmental or sustainability
related independent certifications or recognitions? If yes, please
explain.
Product Sustainable Attributes
1.
Has your company performed an environmental life cycle analysis
on the product being offered the City? If yes, please provide
documentation.
2. Can the product being offered be refurbished, recycled, or
composted at the end of its life? If yes, please elaborate.
3. Does the product being offered include any recycled materials? If
yes, please explain.
4. What measures have been taken to reduce unnecessary
packaging materials associated with the product being offered?
5. What kind of reusable, recyclable, and/or compostable packaging
materials does your company use?
6.
Has the product being offered been rated or certified by a third-
party organization such as Energy Star, Green Seal, Leadership
in Energy and Environmental Design (LEED), Forest
“Return this Section with your Response”
RFP# 24-087 TREE CARE AND MAINTENANCE SERVICES 40 | Page
Please find some helpful links below that will provide additional information, tools and resources regarding
sustainable practices:
Greenhouse Gas Calculators:
https://www.epa.gov/energy/greenhouse-gases-equivalencies-calculator-calculations-and-references
Sustainable Packaging:
https://www.epa.gov/smm/sustainable-packaging
https://www.epa.gov/facts-and-figures-about-materials-waste-and-recycling/containers-and-packaging-product-specific-
data
Cleaning Products:
https://www.epa.gov/saferchoice
Tool to Measure and Track your Waste and Recycling:
http://www.epa.gov/smm/wastewise/measure-progress.htm
Water Conservation:
http://water.epa.gov/polwaste/nps/chap3.cfm
Stewardship Council, etc.? If yes, please provide certification
documentation.
7. Please provide any additional information you would like to share
regarding your product’s sustainable attributes.
EXHIBIT B
TO
COOPERATIVE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
WEST COAST ARBORISTS, INC.
[Quote or Work Order]
See following pages.