300_Gallon_Automated_Refuse_Containers_(Addendum_#2_Revision).pdf

CITY OF TUCSON

REQUEST FOR PROPOSAL

230079

300 GALLON AUTOMATED REFUSE CONTAINERS

Due Date: Wednesday, August 30, 2023

City of Tucson

255 W Alameda St

Tucson, AZ 85701

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

Public Portal https://secure.procurenow.com/portal/tucson-az/projects/32847

PUBLISH DATE: July 26, 2023 https://secure.procurenow.com/portal/%7Bproject.government.code%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D

CITY OF TUCSON REQUEST FOR PROPOSAL NO. 230079

BUSINESS SERVICES DEPARTMENT Page 2 of 44 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Joseph Palacino

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-4126

Attachments:

A - OFFER AND ACCEPTANCE

BUSINESS SERVICES DEPARTMENT Page 3 of 44

A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR PROPOSAL NO 230079

TITLE: 300 Gallon Automated Refuse Containers

SUBMITTAL DUE DATE: Wednesday, August 30, 2023 AT 2:00 P.M. LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE: Tuesday, August 8, 2023

TIME: 1:00 pm LOCAL AZ TIME

LOCATION: MICROSOFT TEAMS VIRTUAL MEETING

CALL-IN (AUDIO ONLY): +1 213-293-2303,,239727266# United States, Los Angeles Phone Conference ID: 239 727 266#

QUESTIONS SHALL BE DIRECTED TO: Joseph Palacino

(520) 837-4126 joseph.palacino@tucsonaz.gov

Posted Date: Wednesday, July 26, 2023

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

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

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

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NjNjZmRkNGYtYTUyOC00NTUwLThjMDQtZDc5YzBjM2FiMDhi%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22515dd020-9697-4f29-8db6-8bde6619c72c%22%7d tel:+12132932303,,239727266

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B. INTRODUCTION

B.1. Summary

The City of Tucson intends to establish an Annual Requirements Contract for the purchase of 300

GALLON PLASTIC AUTOMATED REFUSE/RECYCLING CONTAINERS, WITH LIDS AND FOR

REPLACEMENT LIDS, per specifications to be delivered to various City storage yards in the Tucson area. Delivery location(s) will be designated at time of order.

B.2. Contact Information

Joseph Palacino Contract Officer Email: joseph.palacino@tucsonaz.gov Phone: (520) 837-4126 Department:

EGSD

B.3. Timeline mailto:joseph.palacino@tucsonaz.gov tel:(520)837-4126

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Release Project Date July 26, 2023

Pre-Proposal Meeting (Non- Mandatory)

August 8, 2023, 1:00pm

MICROSOFT TEAMS VIRTUAL MEETING

Question Submission Deadline August 16, 2023, 12:00pm

Proposal Submission Deadline August 30, 2023, 2:00pm

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C. SCOPE OF WORK

C.1. General Requirements

A. Defective Product

1. All defective products shall be replaced and exchanged by the Contractor. The cost of transportation, unpacking, inspection, re-packing, re-shipping or other like expenses shall be paid by the Contractor. All replacement products must be received by the City within 30 days of initial notification.

B. Current Products

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

C. Equals

1. Offers submitted as alternates, "equals" or on the basis of exceptions to specific conditions of purchases and/or required specifications, must be submitted with an attachment referencing the specific paragraph numbers and adequately defining the exception submitted. Detailed product or service literature, suitable for evaluation, must be submitted with the offer. If no exceptions are taken, the City will expect and require complete compliance with the specifications and conditions of purchase.

D. Samples and Demonstrations

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

2. Samples shall be an exact and true representative sample of the actual material offered.

Each sample shall be properly tagged or labeled with the name of the Offeror and manufacturer, the due date, and the solicitation number. Samples shall be provided at no additional costs to the City. Samples not used for tests will be returned to the Offeror.

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

E. Usage Reports

1. The Contractor shall provide an electronic copy of a usage report upon request to the Department of Procurement. The report shall provide complete information on the quantity and description of items purchased under this Contract.

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F. Delivery Consideration

1. Delivery is an important consideration and may be a factor in the determination of an award. Therefore, delivery time after receipt of an order must be stated in definite terms.

Should there be variations in delivery time by item; offers must be clear in regard to those variations. Containers must be received within 45 days from the time the City submits the approved order.

G. Proposal Requirements

1. Shop Drawings: See Container Specifications, item G. Shop Drawings.

2. Compliance with State of Arizona Requirements: See Container Specifications, Item H.

Functional Requirements.

3. Independent Testing Requirements: See Container Specifications, item J. Testing Requirements.

4. Literature and Documentation: See Container Specifications, item L. Information Requirements.

Failure to submit requested information with offer may result in proposal rejection.

C.2. Specifications

A. General

1. This purchase specification establishes the requirements for three hundred- (300) gallon, per ANSI Standards, universal refuse containers for use in the City of Tucson Environmental Services. These containers will be used with and must be compatible with the existing fully automated refuse collection vehicles.

B. Polyethylene Material Requirements

1. All containers shall be rotationally or injection molded or linear medium density polyethylene.

2. Polyethylene resin shall contain an ultraviolet stabilizer compounded at a concentration as to effectively protect the product from significant color degradation during the warranted life of the container. For rotationally molded containers, dry mixing or dry blending of ultraviolet stabilizers and resin is unacceptable. Offeror will submit data on the U.V. stability of the resin system per SAE J1960 or equivalent Accelerated Exposure/Exterior Materials using a Controlled lrradiance Water-Cooled Xenon Arc Apparatus.

3. Color shall be non-fading throughout the warranty period.

4. All linear containers made from plastic materials used in the construction of the containers shall be recyclable into other polyethylene products.

5. A recognized leading manufacturer of the material must furnish polyethylene resin. Material used shall be recyclable.

6. Resin minimum weight (evenly distributed) without hardware: 300 gallon - 80 lbs.

C. Container Requirements

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1. SIZE

a. Three hundred (300) gallons: A container body, measured in U.S. liquid gallons, which will hold minimum of 300 gallons of fluid and a maximum of 350 U.S. gallons of fluid per ANSI standards, not to include any portion of the lid.

2. SHAPE

a. The containers shall be fabricated with the bottom smaller than the top (open area) of the container. The container shall empty through the top. The container shall be low profile to ease loading.

b. Container body shall be rounded in the gripping area for compatibility with all automated refuse equipment.

c. Container body shall have molded into it at least two "tabs" or similar features designed to prevent it from slipping out of the grippers of the service vehicle while being emptied.

3. FINISH

a. Interior surfaces shall have a smooth high gloss finish without any pockets or obstructions, which may hinder the complete emptying of refuse.

b. A textured non-slip or other slip resistant surface exterior is preferred. No coatings or sprayed on surfaces are permitted.

c. Molded body and lid shall not have excessive flash or poorly trimmed areas.

d. Body and lid shall have no foreign substances, shrink holes, cracks, thin spots, blow holes, drill holes, webs, or other similar poor workmanship.

4. DIMENSIONS

a. Height:

i. Per Mfg.

b. Width:

i. 51" Max.

c. Hip Diameter:

i. 42"

d. Grip Diameter:

i. 42"

e. Container wall thickness will not be less than .230". Offerors may propose alternate thickness but must provide documentation supporting the durability of the proposed container.

D. Lid

1. The lid shall be molded of the same material as container and be of such configuration as to prevent warping, bending, slumping and distortion to such an extent that it will no longer fit the container properly or becomes otherwise unserviceable.

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2. It shall cover container in such a fashion as to be watertight from falling or blowing rainwater and keep rodents out.

3. Lid shall permit water run-off.

4. Containers with the lid molded as part of the base are not acceptable. Lid will be attached to the container with a minimum of five-(5) grade 5 hex bolts, no less than 3/8 inch by one and one-half in size (3/8 X1 1/2"). Bolts will have a flat 3/8-inch USS washer on both sides of container wall and be secured with no less than a 3/8 inch nylon lock nut.

5. Lid will be a two piece type, with a minimum of three large hinge points. Lid will be 1/3 fixed, and 2/3 hinged. Shop drawings for lid and container must be submitted with offer.

6. Lid must operate smoothly and not be a safety hazard or potential maintenance problem.

7. Lid minimum thickness will be .140"

8. LID HINGE

a. Lid attachment method shall be a minimum of two (2) molded in the body extensions or mounts into which the lid can be inserted.

b. Top of lid shall not make contact or bind on the container in the full open position. Lid hinge shall allow for a one hundred five to one hundred ten (110) degree pivot of the 2/3 lid.

c. Living hinges, strapped, riveted, screwed on, nailed, lid latches, or "press-in" lid to body attachment methods are not acceptable.

E. Color

1. Offerors shall provide black and blue colored containers.

2. Color shall not be streaked in the finished product and color shall be non-fading throughout the warranty period.

F. Identification

1. Each container lid shall have Hot Stamped into lid the words "City of Tucson" in 2" letters, painted white. General container use instructions shall be molded into the container's lid in both English and Spanish languages. Molded on graphics must have UVA protection to prevent fading.

2. The body shall have molded, into its front, a minimum of two-inch letters, in white, a 10 character sequential serial number to facilitate inventory control. The first character will be a 3 followed by a G (to indicate garbage), or an R (to indicate recycling). The next four characters will indicate the month and year of manufacture (mmyy). The last five characters will represent the sequential order of manufacture starting with 0001 for each type of material.

G. Shop Drawings

1. Submit shop drawings for lid and container showing the dimensions and lid attachment methods, thickness, and other specification requirements. Shop drawings must be included with the offer package.

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H. Functional Requirements

1. COMPLIANCE WITH STATE OF ARIZONA REQUIREMENTS

a. Prospective vendors must provide documentation verifying that their container(s) meets all standards as required by the Arizona Administrative Code Title 18, Chapter 13, Article 3 Section R18-13-307. (Arizona Revised Statue (ARS) 18-13-307, which is available online)

2. FIELD SERVICE

a. The container must have been in fully automated field service for at least one (1) year.

3. LEAKAGE

a. The container shall remain free of holes or penetrations, which will cause the body to leak for the duration of the warranty period.

4. COMPATIBILITY

a. Containers must be compatible with existing fully automated refuse collection vehicles

5. COMPRESSION FORCE

a. Each container shall be capable of withstanding a minimum of 200 pounds per square inch (psi) compression force during lifting and dumping operations without permanent damage, deformity, or structural failure.

6. STRUCTURAL STABILITY

a. Containers will have sufficient rigidity to prevent deformation, permanent damage, slippage, or structural failure during lifting and dumping.

b. Containers will retain their physical material properties at temperatures between -20 degrees Fahrenheit and +150 degrees Fahrenheit and remain durable in the temperature variations in the City of Tucson region.

c. Containers and components will maintain sufficient strength, shape, and appearance, and be resistant to impact and rodent penetration, such as to require no routine maintenance and in general be maintenance free during the warranty period. Container or component failures during the warranty period shall constitute failure of the container, and will require replacement by a complete and new container at no cost to the City of Tucson. The determination of failure will be at the sole discretion of the City of Tucson.

I. Vertical Stability

1. Each container shall be stable and self-balancing when in an upright position with the lid open, either loaded or empty. Empty containers must remain upright when the lid is thrown open.

2. The empty containers shall withstand wind velocities of at least thirty (30) miles per hour in Wind tunnel tests without the container being turned over. The wind tunnel test shall be performed with the wind applied from the front, rear, and both sides of the container.

J. Testing Requirements

1. Provide containers testing results related to durability, UVA protection, and safety.

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K. Replacement Parts

1. Containers shall be furnished complete with all hardware needed for assembly and use. An additional 1% of all replacement parts shall be provided with each shipment to establish an inventory stock for field repairs. The following are considered replacement parts: lids and assemblies, and all associated fasteners and brackets.

2. All container components shall be attainable by the City without having to purchase or obtain a complete new container.

L. Information Requirements

1. Vendor shall provide with their offer, the latest printed or video literature for the following product information:

a. Manufacturing process for containers.

b. Resin material type, manufacturer, and name brand.

c. Detailed lid/hinge assembly description and attachment

d. Certification that materials used for containers are recyclable.

e. All product and/or material performance tests results as specified.

f. Container physical dimensions and wall and lid thickness.

g. Certified percentage of any PCR material utilized. (Note Accordingly)

h. Melt Flow Index Test meet testing procedure ASTM D1238, Condition P.

i. Xenon Test- CAM-162. (Provide documentation on UV Ray protection)

M. Warranty

1. All containers delivered shall be warranted for a minimum period of five (5) years from the date of acceptance of the containers against any and all defects in design, material and workmanship. At any time during the period, if a defect should occur in any item, the entire container shall be replaced (including) by the Contractor at no cost or obligation to the buyer, except where it can been shown that the defect was caused by fire damage. The Offeror expressly warrants all items to be new, free from defects in design, materials and workmanship, and to be fit and sufficient for their intended purpose. All warranties shall survive acceptance and payment by the City of Tucson.

2. The Contractor will have an opportunity to replace defective containers within 45 days of written notice of defects. If the Contractor does not respond with replacement the City will bill the Contractor to recover predetermined costs.

3. When the words "container and hardware" are used in this specification, it is defined as a complete unit including a full lid assembly. All containers furnished shall be unconditionally warranted for a period of five (5) years against defects including, but not limited to:

cracking, chipping, peeling, distortion, failures at attachment, weathering degradation, defective or insufficient material, poor material workmanship on the part of the manufacturer and lowered ultraviolet resistance to aging in the process or normal operational use. Defective containers which are replaced under warranty provisions shall be replaced as complete containers, i.e., with lids, hardware, etc.

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4. A defective container is any container, including any component part that:

a. Does not continuously perform in the intended manner as set forth in the bid specifications (including smooth maneuverability).

b. Does not comply with the minimum design requirements of the bid specifications.

c. Does not continuously perform in the intended manner within the warranty period.

d. Such container(s) shall then be considered to be defective in material, workmanship, and/or design and shall be covered by the terms of this warranty specification. Any defective container shall be replaced at no cost to the City of Tucson. All costs associated with the replacement of such defective containers shall be borne by the Contractor. In the event that containers or any component parts have been manufactured or supplied to the Contractor by a subcontractor or assembled or delivered by a subcontractor, the City of Tucson hall consider the Contractor as the manufacturer regarding product liability.

e. Container or component failures during the warranty period shall constitute failure of the container, and require replacement with a new and complete container (including shipping and assembly), at no cost to the City of Tucson. The determination of failure will be at the sole discretion of the City of Tucson.

Contractor agrees that if defective containers, submitted for warranty, are not reclaimed by the Contractor within fourteen (14) calendar days, of notification, defective containers shall remain property of the City.

f. Contractor shall provide a report within 30 days after delivery of containers. The report will at a minimum include serial #, invoice, #, quantity, and color.

N. Options

1. Bar Code Identification

a. Bar Code Identification is requested as an option. Bar codes shall be placed on the front of the container above the serial number. The bar code shall be readable with devices that meet industry standards and are readily available. The scanned value of each code shall match each container's serial number. The bar code shall maintain the ability to be scanned throughout the warranty period. Alternative bar codes may be offered.

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D. INSTRUCTIONS TO OFFERORS

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

For purposes of this solicitation and any subsequent contract, the following terms have the meanings set forth below:

City:The City of Tucson, Arizona

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

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

Contract Representative:The City employee or employees who have been designated to act as the City contact for this solicitation process and who are responsible for monitoring and overseeing the Contractor's performance under the Contract.

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

May: Indicates something that is not mandatory but permissible.

May not:The indicated party is prohibited from taking the action.

Must: The action or condition is required.

Offer:Any proposal, statement of qualifications, bid, or other submission provided by an Offeror in response to this Solicitation.

Offeror: Each individual or entity that submits an Offer in response to this solicitation.

Successful Offeror: An Offeror who received a Notice of Award or a Notice of Intent to Award from the City.

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

D.2. PRE-SUBMITTAL MEETING

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

D.3. INQUIRIES

Any questions about this solicitation or the proposed Contract must be presented at the Pre-Submittal Meeting, if there is one (see above), or submitted in writing, via email, or through the online bidding system, to the Contract Officer by the Question Submission Deadline. The email must refer to the solicitation number and the paragraph number of the provision that the question concerns. The Contract

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Officer may respond by email or may, if they deem it appropriate, address the question in a solicitation addendum or response through the question and answer portal in the online bidding system. Offeror may not rely on oral interpretations or clarifications about the solicitation; only questions answered in an email by the Contract Officer, posted through the online bidding system, or posted as a formal solicitation addendum will be binding.

D.4. ADDENDUM OF SOLICITATION

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

D.5. UNDERSTANDING SCOPE OF WORK

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

D.6. PREPARATION OF OFFER

A. Form and Organization. If Offer forms are included in this Solicitation, Offeror’s Submittal must be on those forms. Supporting documentation must be arranged in a manner that follows and clearly refers to corresponding sections of the solicitation. Offeror may copy the submittal forms in order to complete them electronically but may not alter or rearrange them or change any paragraph designations.

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

C. Offer Contents. Offeror’s submittal must contain responses to all sections of this solicitation, any Offer forms provided must be completed and any requested supporting documentation must be attached.

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

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

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

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

https://procurement.opengov.com/portalucson-az

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

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

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

D.7. PAYMENT DISCOUNTS

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

D.8. TAXES

The City is exempt from federal excise tax, including the federal transportation tax, but is not exempt from any other taxes, including state and local sales and excise taxes.

D.9. EXCEPTIONS TO CONTRACT PROVISIONS

By submitting an offer in response to this solicitation, Offeror is offering to enter into the Contract with the City. If Offeror wishes to modify any Contract terms and conditions, Offeror must, in its Offer, clearly identify the changes it is requesting. No requested modification will be deemed accepted by the City unless and until the City’s Business Services Director or their designee expressly accepts it in writing.

D.10. PUBLIC RECORD

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

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

D.11. CONFIDENTIAL INFORMATION

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

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If the City, after award notification, receives a public-records request the scope of which includes a document submitted by Offeror and marked "CONFIDENTIAL", the Contract Officer will make a written determination regarding whether the document will be provided to the requestor. If the Contract Officer determines that the document should be released, City will notify Offeror in writing. Unless Offeror, within 10 days after the date of that notice, obtains and provides to City an order from a court of competent jurisdiction prohibiting the City from releasing the documents, the City may release the documents without any liability to Offeror.

D.12. WHEN AND HOW TO SUBMIT OFFERS

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

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

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

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

DEADLINE WILL NOT BE CONSIDERED.

D.13. CERTIFICATION OF NONCOLLUSION; CONFLICTS OF INTEREST

Offeror will not communicate, orally or in writing, with any member of the Mayor and Council, or with any City staff outside the Procurement Division of the Business Services Department, regarding this Solicitation. By submitting an Offer, Offeror warrants that:

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

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

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

D. No employee of the City involved in this Solicitation process, or any family member of such an employee, has any substantial financial interest in Offeror’s firm. No member of the City of Tucson Mayor and Council who has, or whose family member has, any substantial financial interest in Offeror’s firm will participate in any action taken by the Mayor and Council with respect to this Contract. The terms “relative” and “substantial interest” have the meanings assigned in A.R.S. § 38-502

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

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D.14. WITHDRAWAL OF OFFER; BINDING OFFER

By submitting an Offer in response to this Solicitation, Offeror is offering to enter into the Contract with the City. Offeror may withdraw a submitted Offer at any time prior to the Offer Submittal Deadline.

Telephonic or oral withdrawals are not effective.

Offeror cannot withdraw an Offer that is in “submitted” status as of the Offer Submittal Deadline unless the Director of the Business Services Department consents in writing to the withdrawal. The Offer will be irrevocable for 90 days after the Offer Submittal Deadline.

D.15. DISCUSSIONS

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

D.16. VENDOR REGISTRATION; BUSINESS LICENSE

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

A. Register with the City’s Business Services Department. Registration can be completed at https://procurement.opengov.com/portalucson-az.

B. Obtain a City of Tucson Business License or a written determination from the City's Business License Section that a license is not required. Application for a City Business License can be completed at http://www.tucsonaz.gov/etax. For questions contact the City's Business License Section at (520) 791- 4566 or email at tax-license@tucsonaz.gov

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E. OFFER EVALUATION AND CONTRACT AWARD

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

A. Method of Approach

B. Price Proposal

C. Qualifications & Experience

E.2. INTERVIEWS

The City may interview some or all of the offerors at any point during the evaluation process. If interviews are conducted, information provided during the interview process will be taken into consideration in the evaluation process. The City will not reimburse the Offeror for any costs Offeror incurs during its participation in the interview process.

E.3. ADDITIONAL INVESTIGATIONS

The City may undertake any additional investigations it deems appropriate to evaluate the competence and financial stability of any offeror.

E.4. OTHER INFORMATION

Information that evaluation committee members have about an offeror beyond what is provided in the offeror’s Offer may be taken into consideration during the evaluation process.

E.5. PRICE

A. Tax Offset Policy. If applicable under Section 28-18(6) or Section 28-17(7)(d) of the Tucson Procurement Code, the City will include the amount of all business privilege taxes other than the City’s in evaluating the pricing component of each Offer.

B. Payment Discounts. Any discounts offered by Offeror for payments made within 21 calendar days or more will be deducted from the proposed price in evaluating an offeror’s pricing.

However, the City may take advantage of any early- or timely-payment discounts offered by a vendor. Any proposed payment discount will apply to all purchases and to all payment methods

E.6. CITY’S RIGHT TO WAIVE DEFECTS OR REJECT OFFERS

Notwithstanding any other provision of this solicitation, the City may:

A. Waive any immaterial defect or informality; or

B. Reject any or all submittals, or portions thereof; or

C. Reissue the solicitation.

BUSINESS SERVICES DEPARTMENT Page 19 of 44

E.7. CONTRACT NEGOTIATIONS

At the City’s discretion, it may negotiate with one or more responsible offerors to agree upon the final conditions, terms and price of the Contract. In doing so, the City will treat offerors fairly and will not disclose to any offeror information from responses submitted by other offerors. Exclusive or concurrent negotiations do not constitute a contract award and do not confer any rights to the offerors participating in such negotiations. In the event the City deems that negotiations are not progressing, the City may formally terminate these negotiations and may enter into concurrent or exclusive negotiations with the next most qualified firm(s).

E.8. AWARD OF CONTRACT

A Contract is created when, and only when, it is formally awarded, which occurs when the Business Services Director and the City Attorney sign the Offer and Acceptance page of the Successful Offeror’s submittal. When a Contract is awarded, the City will send the Contractor a Notice of Award.

The City may first issue a Notice of Intent to Award to the Successful Offeror(s). Offeror, if it receives a Notice of Intent to Award from the City, must sign and file with the City, within five (5) days after receipt of the Notice, all documents necessary for execution of the Contract. A Notice of Intent to Award does not create a contract. Only a subsequent formal award, as described above, creates a Contract.

E.9. MULTIPLE AWARDS

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

E.10. SOLICITATION RESULTS

After the City issues a Notice of Award, the City will post the name(s) of the Successful Offeror(s) on the Business Services Department’s Internet site at https://secure.procurenow.com/portalucson-az.

E.11. PROTESTS

Any interested party, may, in accordance with Article IX of the Tucson Procurement Code, protest either this solicitation or the award of a Contract under this solicitation. A protest based on alleged improprieties in this solicitation must be filed no later than five (5) working days before the Proposal Submittal Deadline. A protest of a proposed or actual award must be filed no later than ten (10) calendar days after the City issues a Notice of Intent to Award or, if no Notice of Intent to Award is issued, after the City issues a Notice of Award.

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

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

B. The signature of the protestant or its representative;

C. The solicitation or Contract number;

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

E. The form of relief requested.

https://secure.procurenow.com/portalucson-az

BUSINESS SERVICES DEPARTMENT Page 20 of 44

F. EVALUATION PHASES

No. Evaluation Criteria Scoring Method Weight (Points)

BUSINESS SERVICES DEPARTMENT Page 21 of 44

1. Method of Approach

A. Product Requirements

1. Provide a detailed written response illustrating how your offer will meet the product requirements of this solicitation for the City of Tucson.

2. Describe the method for how your containers are molded/manufactured.

3. Describe the different processes used to manufacture containers for other climates around the United States (as opposed to that in Tucson).

4. Do your containers include a bar code identification system? If so, please describe this system.

5. Offeror shall provide the most recent printed or video product literature with their proposal:

a. Manufacturing process for containers.

b. Resin material type, manufacturer, and brand name.

c. Detailed lid/hinge assembly description and attachment.

d. Axle assembly material, dimensions, and attachment method.

e. Wheel material, dimensions, and attachment method.

f. Certification of recycle ability.

g. All product and/or material performance tests results as specified.

h. Container physical dimensions and wall and lid thickness.

i. Certified percentage of PCR material utilized.

B. Technical Requirements

1. Offerors shall submit the most recent test results showing

N/A N/A

BUSINESS SERVICES DEPARTMENT Page 22 of 44 compliance with Scope of Work specs. Test results must be from a certified independent testing facility and must clearly identify the facility that performed the tests.

2. Offerors shall provide documentation verifying that their container(s) meets all standards as required by the Arizona Administrative Code Title 18, Chapter 13, Article 3 Section R18-13-307.

3. Detail your container's shape.

Is it designed in a "Low Profile" shape, which reduces wind effect on container? If not, please explain what benefits are gained from the shape of the container.

4. Offerors shall submit shop drawings for the lid and container showing the dimensions, lid and wheel attachment methods, and other specification requirements.

5. Offerors shall substantiate compliance with Scope of Services by attaching a copy of the actual resin manufacturer's Published Specification Sheet.

6. Provide information or testing results on the proposed containers' useful life.

7. Describe the physical features of your proposed container, including weight, materials, and any other unique features of the container. Explain the benefits gained by this.

C. Functional Requirements

1. Provide documentation showing that offered containers have been fully automated for at least one (1) year.

2. Show documentation proving your containers capability of withstanding a minimum of 200 lbs. per square inch (psi) compression force during lifting and dumping

BUSINESS SERVICES DEPARTMENT Page 23 of 44 operations without sustaining permanent damage, deformity or structure failure.

3. Provide documentation explaining the containers durability in accordance with ANSI specification 2245.30- 2008, Appendix D.

4. Provide test results proving vertical stability of the container and its ability to withstand wind velocities of at least thirty (30) miles per hour in a wind tunnel.

D. Services

1. Provide a detailed written response illustrating how your firm will meet the service requirements of this solicitation. Offerors should provide the proposed services that will meet the Service Requirements section of the Scope of service outlined in this solicitation. For each proposed category, describe and/or provide details explaining your capabilities.

2. Provide detailed information explaining your service capabilities.

3. State any return and restocking policy, and any fees, if applicable, associated with returns.

4. Offerors shall submit information on their support program. How does the City contact you? How are calls handled and routed? Whal are your escalation procedures? Is there a dedicated support representative that the City will contact?

5. Warranty: Submit any and all information on your warranty program.

a. How long does it last?

b. How are calls handled and routed?

c. What are your escalation procedures?

BUSINESS SERVICES DEPARTMENT Page 24 of 44

d. Is there a dedicated support representative that the City will contact?

6. What kind of additional services are available under this contract (i.e. offloading, assembling, customization, etc.)?

7. Submit all information that will aid the City in evaluating your proposal.

E. Ordering and Invoices

1. Describe your ordering capacity (telephone, fax, internet, etc). Provide details of the capabilities of your E Commerce website including ability to display contract pricing, on-line ordering, order tracking, search options, order history, technical assistance, lists, technical data and documentation, identification of alternate green products, etc.

2. Describe the product delivery process and your delivery commitment. What are standard product delivery timeframes? Are there cut off dates and how are these dates communicated to customers?

3. Describe your invoicing process. Is electronic invoicing available? Is summary invoicing available?

Are there other options on how an agency receives an invoice? Submit sample invoices.

4. What quantities are recommended for ordering?

Can the City vary from these?

1.

F. Samples (If Requested By City)

1. Upon written request from the City, Offerors may be required to provide a sample container (either green or blue) to be submitted for evaluating conformity to specifications.

BUSINESS SERVICES DEPARTMENT Page 25 of 44

a. The sample 300-gallon container(s) shall be furnished at no cost and will be retained by the City of Tucson after evaluation is completed.

b. The sample container must be an exact representation of the container that would be supplied upon award of a contract.

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

N/A N/A

3. Qualifications & Experience A. Provide a brief history and description of your company.

B. Describe the qualifications of your sales personnel and technicians.

C. Provide a listing of key personnel who may be assigned to the City's contract. Include their title within your organization and the description of the type of work they may perform. Please identify an executive corporate sponsor who will be responsible for the overall management of the awarded Master Agreement.

D. Summarize your experience in providing product and services similar to that outlined in the Scope of Work. Provide a minimum of three references for which you have provided similar products and services.

References from other public agencies, particularly municipal governments, are preferred.

Please include company name, address, phone, email, and contact person.

E. Please submit any additional information that you feel is applicable to your qualifications and experience.

N/A N/A

BUSINESS SERVICES DEPARTMENT Page 26 of 44

G. PRICING

PRICE PAGE

Manufacturer and model number must be stated in the bid response. Failure to clearly indicate the manufacturer and model number may be cause for rejection of the item(s). If you are submitting pricing for ONLY Crosslink, please only complete items identified as such. If you are submitting pricing for ONLY Linear, please complete items identified as such. If you are submitting pricing for both, please complete all items.

Line Item Crosslink

vs. Linear

Description Manufacturer and Model

Number

Estimated Annual

Quantity

Unit of Measure

Extended Price

Total

1 Crosslink 300-gallon plastic automated refuse container, BLACK with lid, per specifications, including delivery and assembly.

1,200 Each

2 Crosslink 300-gallon plastic automated refuse container, BLUE with lid, per specifications, including delivery and assembly.

800 Each

3 Crosslink 300-gallon BLACK plastic automated refuse container lid, per specifications.

Price includes delivery only; assembly not included.

500 Each

4 Crosslink 300-gallon BLUE plastic automated refuse container lid, per specifications.

Price includes delivery only; assembly not included.

400 Each

5 Linear 300-gallon plastic automated refuse container, BLACK with lid, per specifications, including delivery and assembly.

1,200 Each

6 Linear 300-gallon plastic automated refuse container, BLUE with lid, per specifications, including delivery and assembly.

800 Each

7 Linear 300-gallon BLACK plastic automated refuse container lid, per specifications.

Price includes delivery only; assembly not included.

500 Each

8 Linear 300-gallon BLUE plastic automated refuse container lid, per specifications.

Price includes delivery only; assembly not included.

400 Each

9 - Molded in Serial number label, per Specifications, Item N. Options 2,000 Each

10 - Include pricing for Vendor to unload all materials in Item #1 Per Load 1 Per Load

11 - Include pricing for Vendor to unload all materials in Item #3 Per Load 1 Per Load

BUSINESS SERVICES DEPARTMENT Page 27 of 44

Line Item Crosslink

vs. Linear Description Manufacturer and Model Number

Estimated Annual

Quantity

Unit of Measure

Extended Price

Total

12 - Molded in Graphic for BLUE Containers 1 Total

13 - BLACK Base Only (Refuse Container Bodies without Lids) 1 Total

TOTAL

BUSINESS SERVICES DEPARTMENT Page 28 of 44

H. SPECIAL TERMS AND CONDITIONS

H.1. COOPERATIVE PURCHASING

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

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

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

H.2. FOB DESTINATION FREIGHT PREPAID

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

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

H.3. LIVING WAGE REQUIREMENTS

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

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

https:/ucsonprocurement.com/bidders_livingwage.aspx.

H.4. PRICE ADJUSTMENT

At least 90 days before the date that the Contract is eligible for extension, Contractor may submit to the Contract Officer a request for price adjustments based on documented increased Contractor costs and the City may, at its discretion, make price adjustments, which will apply during the extension term.

H.5. TERM AND RENEWAL

The term of the Contract will commence when awarded to Contractor and remain in effect for a period of ONE (1) year, unless terminated, canceled or extended as otherwise provided herein. The City may, http://www.tucsonprocurement.com/coop_partners.aspx http://www.mesaaz.gov/home/showdocument?id=23638 https://ucsonprocurement.com/bidders_livingwage.aspx.

BUSINESS SERVICES DEPARTMENT Page 29 of 44 at its sole option, extend the Contract's term for up to FOUR (4) additional one-year periods or portions thereof.

BUSINESS SERVICES DEPARTMENT Page 30 of 44

I. INSURANCE REQUIREMENTS

I.1. Required Insurance Policies

Contractor will obtain and maintain during the entire term of this Contract…