40_Foot_Low_Floor_CNG_or_BEB_Transit_Buses-_FTA_Funded_(Addendum_#5_Revision).pdf

CITY OF TUCSON

REQUEST FOR PROPOSAL

230011

40 FOOT LOW FLOOR CNG OR BEB TRANSIT BUSES- FTA FUNDED

Due Date: Wednesday, November 30, 2022

City of Tucson

255 W Alameda St

Tucson, AZ 85701

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

Public Portal https://secure.procurenow.com/portal/tucson-az/projects/23633

PUBLISH DATE: September 19, 2022 https://secure.procurenow.com/portal/%7Bproject.government.code%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D

CITY OF TUCSON REQUEST FOR PROPOSAL NO. 230011

BUSINESS SERVICES DEPARTMENT Page 2 of 37 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Maritza Felix

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

Attachments:

A - OFFER AND ACCEPTANCE

E - FTA TERMS & CONDITIONS

G - SPECIFICATIONS

H - Questionnaire I - Deviations J - Deliverables

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A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR PROPOSAL NO 230011

TITLE: 40 Foot Low Floor CNG or BEB Transit Buses- FTA Funded

SUBMITTAL DUE DATE: Wednesday, November 30, 2022 AT 2:00 P.M. LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE: Thursday, September 29, 2022

TIME: 2:00 pm LOCAL AZ TIME

LOCATION: Virtual Team Meeting https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZGFiZWYzYjAtOWRmYy00ZDJjLThmMDctNjUyZGE4ZDQzZGRj%40thread.v2/ 0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d Call in # 1-213-293-2303 Conference ID# 578 246 271#

QUESTIONS SHALL BE DIRECTED TO: Maritza Felix

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

Posted Date: Monday, September 19, 2022

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

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

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

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B. INTRODUCTION

B.1. Summary

The City of Tucson, Arizona (hereinafter referred to as the “City”) is seeking proposals from qualified firms for the purchase of definite quantities of TRANSIT BUSES to be delivered to Transportation/Sun Tran, 3920 North Sun Tran Boulevard, Tucson, AZ 85705 or 4220 S Park Ave, Tucson, AZ 85714. The Buses will be considered to have a useful service life of 12 years or 500,000 miles, as defined by the

FTA.

B.2. Contact Information

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

Transportation & Mobility

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

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Release Project Date September 19, 2022

Pre-Proposal Meeting (Non- Mandatory)

September 29, 2022, 2:00pm Virtual Team Meeting https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZGFiZWYzYjAtOWRmYy0 0ZDJjLThmMDctNjUyZGE4ZDQzZGRj%40thre ad.v2/0?context=%7b%22Tid%22%3a%22d21 e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%2292 36485a-e235-4796-b69f- 4eec05422ed4%22%7d

Call in # 1-213-293-2303 Conference ID# 578 246 271#

Question Submission Deadline October 17, 2022, 2:00pm

Proposal Submission Deadline November 30, 2022, 2:00pm https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZGFiZWYzYjAtOWRmYy00ZDJjLThmMDctNjUyZGE4ZDQzZGRj%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZGFiZWYzYjAtOWRmYy00ZDJjLThmMDctNjUyZGE4ZDQzZGRj%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZGFiZWYzYjAtOWRmYy00ZDJjLThmMDctNjUyZGE4ZDQzZGRj%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZGFiZWYzYjAtOWRmYy00ZDJjLThmMDctNjUyZGE4ZDQzZGRj%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZGFiZWYzYjAtOWRmYy00ZDJjLThmMDctNjUyZGE4ZDQzZGRj%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZGFiZWYzYjAtOWRmYy00ZDJjLThmMDctNjUyZGE4ZDQzZGRj%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZGFiZWYzYjAtOWRmYy00ZDJjLThmMDctNjUyZGE4ZDQzZGRj%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZGFiZWYzYjAtOWRmYy00ZDJjLThmMDctNjUyZGE4ZDQzZGRj%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d

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C. SCOPE OF WORK

C.1. Introduction

The City of Tucson, Arizona (hereinafter referred to as the “City”) is seeking proposals from qualified firms for the purchase of definite quantities of TRANSIT BUSES to be delivered to Transportation/Sun Tran, 3920 North Sun Tran Boulevard, Tucson, AZ 85705 or 4220 S Park Ave, Tucson, AZ 85714. The Buses will be considered to have a useful service life of 12 years or 500,000 miles, as defined by the

FTA.

Offerors must have extensive and successful experience in the manufacture of transit buses. Offerors must present evidence that they are competent and have the necessary facilities, experience, personnel and financial resources to fulfill the conditions of this contract.

The items purchased from this contract will be funded by the Federal Transit Administration (FTA) and are subject to the FTA terms and conditions included in Attachment A to this solicitation. These terms and conditions cannot be modified or negotiated. By submitting a proposal, Offeror must agree to abide by the FTA terms and conditions included. Offerors must submit all required certificates with their proposal submittal. Failure to do so may result in rejection of proposal.

Complete descriptions of the City’s requirements for the proposed bus procurement are contained within this Request for Proposal (RFP).

It is the intent of this RFP to solicit competitive proposals for 40-foot transit buses in low floor configurations and award to a single qualified supplier a one-year base contract with 4 one-year renewal options. The City will conduct separate evaluations and recommendations for CNG and BEB buses.

Offerors may submit on CNG, BEB, or both. This procurement is for replacement of existing 40-foot transit buses. The intent is to enter into a contract with a reliable and capable contractor and the resulting contract will be for an initial order up to (20) buses, plus options of up to one hundred (100) additional buses. The City makes no guarantee as to actual spend under any resultant contract.

This proposal will enable the City and other procuring agencies to standardize on the future selection of buses, realize a better price through volume discounts, and reduce the requirement of an as needed or annual procurement process as grant money is made available. This proposal will allow the City to exercise and/or assign options in the future as grants are allocated.

C.2. Options

The City has sole discretion to exercise or assign options for up to one hundred (100) option buses that may be ordered over the term of the contract. Any options exercised by the City will be reflected in an amendment to the City contract. Assigned agencies may enter into individual contracts with the contractor if approved by the City.

Option purchases shall be in accordance with the same terms and conditions, specifications, and pricing contained herein.

The start date for the program/project will commence upon award of a contract pursuant to this RFP.

Options may be exercised up to the last day of the current term of the contract.

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The Technical Specifications refer to what the City considers the base bus. Unless alternates or deviations are approved prior to award, all requirements and components as specified will be included in the base bus.

C.3. Optional Component Pricing

The City has incorporated into the RFP optional component pricing and equipment that may delete, replace, or add a component or feature. Optional existing components may be utilized in place of the same components of the base bus. Offerors are required to bid on all optional requirements as the City may integrate any of the requested options on any number of buses.

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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/portal/tucson-az and follow the City of Tucson will receive email notifications of solicitation addenda.

D.5. UNDERSTANDING SCOPE OF WORK

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

D.6. PREPARATION OF OFFER

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

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

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

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

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

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

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

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

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

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

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

DEADLINE WILL NOT BE CONSIDERED.

D.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/portal/tucson-az.

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

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E. OFFER EVALUATION AND CONTRACT AWARD

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

A. Method of Approach

B. Qualifications & Experience

C. Warranty and Additional Requirements

D. Price Proposal

E. FTA Certifications

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

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

C. Reissue the solicitation.

E.7. CONTRACT NEGOTIATIONS

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

E.8. AWARD OF CONTRACT

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

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

E.9. MULTIPLE AWARDS

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

E.10. SOLICITATION RESULTS

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

E.11. PROTESTS

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

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

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

B. The signature of the protestant or its representative;

C. The solicitation or Contract number;

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

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

E. The form of relief requested.

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F. EVALUATION PHASES

No. Evaluation Criteria Scoring Method Weight (Points)

1. Qualifications and Experience

1. Provide the information requested on the Questionnaire (Attachment H- Questionnaire).

2. Provide a general overview of your company, including statement of finances, number of years in business, corporate headquarter location, type of business, and where you do business. Include a copy of the company’s most recent annual report and a Dunn & Bradstreet report.

3. Are you currently, or have you ever, been involved in litigation, bankruptcy proceedings, reorganization, etc.? If so, please describe your involvement in these.

4. State your principal place of business and the location from which your staff will be traveling to Tucson.

5. Summarize your experience in performing work similar to that outlined in this RFP.

Provide a minimum of three (3) references for which you have provided similar services within the last two years. Please include organization name, size of organization, address, phone, email, and a contact person. References to other public sector agencies, particularly municipal governments, are preferred. Please indicate when your product was placed into service at these reference locations.

6. Specifically, include the number of public transportation customers utilizing your product. Provide a minimum of three (3) references for these customers.

7. Provide a listing of key personnel who will be assigned to the City’s project. Include their title within your organization and a description of the type of work they would perform.

8. Submit a resume and a reference for each individual proposed to do work under this contract.

Resumes shall describe the individuals’ credentials, background, and relevant experience.

N/A N/A

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2. Method of Approach

1. Understanding of the Project

Please indicate that you comply with Part I:

Quality Assurance Provisions. Please, document exceptions, if any, that you take to any of the requirements. Where applicable, please provide a description, narrative, documentation, etc., that indicates how you will meet the requirement.

Provide a detailed implementation plan and schedule describing your approach to production and delivery of all RFP requirements. The implementation plan shall include a detailed timeline. The timeline should clearly identify the roles and responsibilities of the City and the Contractor.

Provide a production schedule that shows the start and finish dates of all buses required in the proposal for the first year.

• Schedule for the initial award.

• Tentative schedule for any options that may be awarded.

2. Response to Technical Specifications and Optional Specifications

Please indicate that you comply with Part III:

Technical Specifications and Part V:

Optional Specifications. Provide detailed samples, documentation, diagrams, product sheets, etc. that demonstrates your proposed product meets all requirements.

3. Consideration of Proposed Equals and/or Proposed Deviations

Offerors may propose an equal or deviation to Part III: Technical Specifications and to Part V: Optional Specification. Proposed equals and/or deviations must be submitted on the “Form For Proposal Equal and/or Proposed Deviation,” Attachment I- Deviations. A separate form must be completed for each proposed equal and/or deviation.

For all equals and/or deviations proposed, please provide information on the following:

• Product Quality

• Design

• Performance

• Durability

• Impact on City operations to include, but not limited to, inventory, standardization

BUSINESS SERVICES DEPARTMENT Page 18 of 37 retraining, additional diagnostic equipment tools, etc.

• Ways to optimize the maintenance, spares, and general operational efficiency of the operation through use of the proposed equal and/or deviation.

4. Contract Deliverables

Please provide your firms approach to providing the contract deliverables in Attachment J- Deliverables.

3. Warranty and Additional Requirements

1. Please indicate that you comply with Part II: Warranty Provisions. Where applicable, provide detailed documentation that indicates how you will comply. If agreements are required to be signed, please submit.

Submitted agreements are subject to negotiation by the City.

2. Please also indicate that you comply with Part IV: Additional Requirements. Where applicable, provide detailed documentation that indicates how you will comply. The City is especially interested in detailed information on how you will meet 8.0 Training requirements.

3. Please provide standard warranty’s miles and years in Part II: Warranty Provisions.

N/A N/A

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

BUSINESS SERVICES DEPARTMENT Page 19 of 37

G. PRICING

PRICE PROPOSAL

BASE UNITS

Line Item Description Quantity Unit of Measure

Unit Cost Total

1 40-FT CNG, LOW FLOOR

TRANSIT BUS PER

SPECIFICATIONS

1 EA

2 40-FT BATTERY ELECTRIC, LOW

FLOOR BUS PER

SPECIFICATIONS

1 EA

PRICE PROPOSAL

ADDITIONAL COMPONENT PRICING

Line Item Description Quantity Unit of Measure

Unit Cost Total

3 VAPOR ELECTRIC TRANSIT

DOOR OPERATOR SYSTEM;

FRONT & BACK DOOR

1 EA

4 AVL CLASS CONTACT-LESS

ACOUSTIC SENSING SYSTEM

1 EA

5 EXTERIOR MIRRORS, ROAD SIDE

(11258105-00); CURB SIDE

(11241137-00)

1 SET

6 REAR DISC BRAKES REPLACING

S CAM BRAKE SYSTEM (BEB

ONLY)

1 EA

7 FRONT DISC BRAKES

REPLACING S CAM BRAKE

SYSTEM (BEB ONLY)

1 EA

8 VANSCO (VMM 1615)

MULTIPLEXING SYSTEM USING

SAE J1939

1 EA

9 ARROW GLOBAL DRIVERS

SECURITY BARRIER MODEL

MV3080011

1 EA

10 VOLVO BUS ELECTRIC

ARCHITECTURE (VBEA)

BUSINESS SERVICES DEPARTMENT Page 20 of 37

Line Item Description Quantity Unit of Measure

Unit Cost Total

11 THRUVIEW ASSIST BLIND SPOT

COLLISION PREVENTION

SYSTEM

1 EA

12 DUAL VIEW ASSIST REAR VIEW

MIRROR WITH EMBEDDED

BACKUP MONITOR

BUSINESS SERVICES DEPARTMENT Page 21 of 37

H. SPECIAL TERMS AND CONDITIONS

H.1. ADDITIONAL PURCHASE

The City of Tucson reserves the right to purchase additional equipment under the same terms and conditions of this contract within the next twelve months, if funds permit.

H.2. AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

Funds are not presently available for performance under this Contract. The City's obligation for performance of this Contract is contingent upon the availability of funds from which payment for Contract purposes can be made. No legal liability on the part of the City for any payment may arise for performance under this Contract until funds are made available for performance of this Contract.

H.3. CANCELLATION OF LEASE DUE TO INSUFFICIENT FUNDING

The successful Bidder/Offeror will be required to agree to the following:

The City reasonably believes that sufficient funds can be obtained to make all payments during each of the renewal terms. The City hereby covenants that it will do all things lawfully within its power to obtain and maintain funds from which the payments may be made, including making provisions for such payments to the extent necessary in each annual fiscal year budget submitted for the purpose of obtaining funding or by obtaining separate funding by a third party.

If after formal written budget request submitted by the City, the Mayor/Council does not allocate funds necessary to continue payments for the renewal term, the City may terminate this agreement at the end of the fiscal year term. Parties acknowledge and agree that it is their intent that funding by the City shall continue throughout the term of this agreement, but the parties recognize that such funding is subject to the provisions of A.R.S. Sec. 42-301, et seq. in the event of non-allocation of funds. Lessor shall have only the right and remedy of taking possession of the equipment.

H.4. ENERGY STAR COMPLIANT

All products purchased by, or on behalf of, the City of Tucson shall be Energy Star compliant, when available. The Energy Star standard is available at www.energystar.gov. Potential energy star compliant products must have proof of meeting the Energy Star standard, to include but not limited to, having the Energy Star label on the delivered product. Proof consists of one of the following levels of verification listed in order from least to most valued; self-certification with random audits, independent third-party certification or independent third-party certification with onsite and random audits.

H.5. 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.

BUSINESS SERVICES DEPARTMENT Page 22 of 37

H.6. FEDERAL TRANSIT ADMINISRATION (FTA) REQUIREMENTS

Any contract awarded pursuant to this solicitation will contain the FTA Terms and Conditions listed in the corresponding attachment titled, "FTA Terms, Conditions and Certifications".

H.7. 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, 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 23 of 37

I. INSURANCE REQUIREMENTS

I.1. Required Insurance Policies

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

I.2. Commercial General Liability

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

A. Each Occurrence: $1,000,000

B. General Aggregate: $2,000,000

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

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

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

I.3. Commercial Automobile Liability

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

I.4. Worker's Compensation

Policy must have coverage limits no lower than:

A. Per Occurrence: Statutory

B. Employer's Liability: $1,000,000

C. Disease Each Employee: $1,000,000

D. Disease Policy Limit: $1,000,000

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

BUSINESS SERVICES DEPARTMENT Page 24 of 37

I.5. Garage Liability & Garage Keepers Liability

Garage Liability: $1,000,000

Garage Keeper's Liability - Direct Primary Coverage

A. Each Auto: $500,000

B. Each Occurrence: $1,000,000

I.6. Policy Change Notice

Contractor will give the City 30 days advance written notice before any of the above policies are changed in any manner that is inconsistent with the requirements of this Contract. The notice must be sent directly to the Procurement Division of the Business Services Department.

I.7. Additional Insured

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

I.8. Claims-Made Coverage

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

I.9. Additional Requirements

Each insurance policy required by this Contract, excluding Professional Liability (Errors & Omissions), must include or be endorsed to include to provide the following:

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

B. The policy is primary and any insurance carried by the City is excess and not contributing.

C. The coverage provided by the policy is not limited to the liability assumed under the indemnification provisions of this Contract.

D. The insurer will provide written notice to the City at least ten (10) calendar days before the policy is terminated or cancelled or the coverage is reduced.

I.10. Verification of Coverage

A. Contractor will give the City certificates of insurance (ACORD form or equivalent approved by the City), signed by an authorized representative of the insurer, showing that the Contractor has all the insurance required by this Contract.

BUSINESS SERVICES DEPARTMENT Page 25 of 37

B. Contractor must deliver the certificates directly to the Procurement Division of the City’s

Business Services Department before the Contractor commences work under this Contract.

C. The certificates must contain the City project/contract number and project description.

D. The City reserves the right to require complete copies of all insurance policies required by this Contract at any time.

I.11. Subcontractors

Contractors’ insurance certificate(s) must include all subcontractors as insureds under its policies or Contractor must give the City separate certificates and endorsements for each subcontractor showing that each subcontractor has the insurance coverage described above.

I.12. Public Entities

If Contractor or any sub-contractor is a public entity that self-insures as permitted by law, then the insurance requirements in this Section 8 will not apply to that entity and that entity must instead provide a Certificate of Self- Insurance.

I.13. Sufficiency of Coverage

The City in no way warrants that the required minimum insurer rating in this Contract is sufficient to protect the Contractor from potential insurer insolvency, nor that the required liability limits are sufficient to protect Contractor.

BUSINESS SERVICES DEPARTMENT Page 26 of 37

J. STANDARD TERMS AND CONDITIONS

J.1. ADVERTISING

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

J.2. COMPLIANCE WITH LAWS

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

A. Americans with Disabilities Act. Contractor will comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101 -- 12213) and applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36.

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

C. Affirmative Action. Contractor will comply with Chapter 28, Article XII of the Tucson City Code Chapter 28.

J.3. GOVERNING LAW AND VENUE

This Contract is governed by the laws of the State of Arizona and the City and Contractor will have all remedies afforded to each by the Tucson Procurement Code and the laws of the State of Arizona. Any lawsuits regarding this Contract must be brought in a court of competent jurisdiction in Pima County, Arizona.

J.4. ARBITRATION

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

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

J.5. ASSIGNMENT

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

J.6. SUBCONTRACTS

Contractor may not enter into any subcontracts for work under this Contract without the advance written approval of the City's Business Services Director. All subcontracts will incorporate all the terms and

BUSINESS SERVICES DEPARTMENT Page 27 of 37 conditions of this Contract. Contractor is responsible for contract compliance and quality of work of any subcontractors used.

J.7. PROTECTION OF CITY PROPERTY

If this Contract requires Contractor to perform any work on City-owned property, Contractor will use reasonable care to avoid damaging existing buildings, equipment, and vegetation (such as trees, shrubs, and grass) on the property. Contractor will replace or repair any damage caused by Contractor or any employee, agent, or subcontractor of Contractor, at no expense to the City. If Contractor fails or refuses to make such repair or replacement, the City will estimate the cost of repair and, upon receiving an invoice from the City for that estimated cost, Contractor will pay the City the invoiced amount. City may, at its discretion, instead deduct the amount from any payments due Contractor under this or any other City contract.

Contractor will, during the course of its work on City property, keep the work area, including any storage areas used by the Contractor, free from accumulation of waste material or rubbish. Upon completion of the work, Contractor will leave the work area in a clean and neat condition, free of any debris, and will remove any non-City-owned materials or equipment or other personal property that it has caused to be located on the City property.

J.8. COMMENCEMENT OF WORK

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

J.9. CONFIDENTIALITY OF RECORDS

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

J.10. CONTRACT ADDENDA; ADDITIONAL WORK

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

J.11. ENTIRE CONTRACT; INTERPRETATION

This Contract, which includes all the conditions and requirements set forth in the Solicitation and all addenda to the Solicitation, all the Special Terms and Conditions and Standard Terms and Conditions, and all the terms of the Offer submitted by Contractor as finally negotiated and accepted by the City, BUSINESS SERVICES DEPARTMENT Page 28 of 37 constitutes the entire agreement of the parties regarding the services described in the Scope of Work and will prevail over any and all previous agreements, contracts, proposals, negotiations, purchase orders, or master agreements in any form.

No course of prior dealings between the parties and no usage of the trade will be deemed to supplement or explain any term used in the Contract.

J.12. SEVERABILITY

The provisions of this Contract are severable. If any provision or application of a provision of this Contract is held to be invalid, that will not affect the validity of any other provision or application of a provision that can remain meaningfully effective without the invalidated provision or application.

J.13. DUPLEXED/RECYCLED PAPER

Whenever practicable, all printed materials produced by Contractor in the performance of this Contract will be duplexed (two-sided copies), printed on recycled paper, and labeled as such.

J.14. NON-DISCRIMINATION

Contractor will comply with all provisions and requirements of Arizona Executive Order 2009-09, which is hereby incorporated into this Contract, including flow-down of all provisions and requirements to any subcontractors. During the term of this Contract, Contractor will not discriminate against any employee, client, or any other individual in any way because of race, color, religion, ancestry, sex, age, disability, national origin, sexual orientation, gender identity, familial status, and/or marital status.

J.15. DELIVERABLES PROPERTY OF CITY; NO LIENS

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

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

J.16. FEDERAL IMMIGRATION LAWS AND REGULATIONS

Contractor warrants and will require each subcontractor performing work on this Contract to warrant that it will comply with all federal immigration laws and regulations that relate to its employees and with the requirements of A.R.S. § 23-214(A). A breach of this warranty will be deemed a material breach of this Contract that is subject to penalties up to and including termination of this Contract. City may inspect the records of any employee of Contractor or any subcontractor performing work on this Contract to monitor Contractor’s and its subcontractors’ compliance with this warranty.

J.17. FORCE MAJEURE

Except for payment of sums due, neither party will be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented by reason…