Non-Asbestos_Shoes,_Brake_Relining,_Drums_and_Miscellaneous_Brake_Items_(Addendum_#1_Revision).pdf

CITY OF TUCSON

REQUEST FOR PROPOSAL

222938

NON-ASBESTOS SHOES, BRAKE RELINING, DRUMS AND

MISCELLANEOUS BRAKE ITEMS

Due Date: Friday, February 17, 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/25093

PUBLISH DATE: January 25, 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. 222938

BUSINESS SERVICES DEPARTMENT Page 2 of 40 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Cynthia Thompson, NIGP-CPP, CPPB

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-4134

Attachments:

A - OFFER AND ACCEPTANCE

G - RFP 222938 - GROUP I - FLEET SERVICES - PRICE PAGE - revised H - RFP 222938 - GROUP II - TFD - PRICE PAGE - Revised

BUSINESS SERVICES DEPARTMENT Page 3 of 40

A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR PROPOSAL NO 222938

TITLE: Non-Asbestos Shoes, Brake Relining, Drums and Miscellaneous Brake Items

SUBMITTAL DUE DATE: Friday, February 17, 2023 AT 2:00 P.M. LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE: Thursday, February 2, 2023

TIME: 11:00 am LOCAL AZ TIME

LOCATION: Microsoft Teams (Join Meeting)

QUESTIONS SHALL BE DIRECTED TO: Cynthia Thompson, NIGP-CPP, CPPB

(520) 837-4134 cynthia.thompson@tucsonaz.gov

Posted Date: Wednesday, January 25, 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_MDdkY2ZiNGEtYzI5Zi00OGE1LWI3ODItZWU1NmZiNjcyODc5%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%225c4b9f7c-77c3-499a-a605-84f506e31bb5%22%7d

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B. INTRODUCTION

B.1. Summary

The City of Tucson, herein referred to as “the City,” is soliciting proposals from qualified firms to establish an annual requirements contract for the purchase of Non-Asbestos Shoes, Brake Relining, Drums and Miscellaneous Brake Items. Purchases will be made by the Environmental General Services Department (EGSD) / City’s Fleet Services Division and Tucson Fire Department (TFD) / Fire Fleet Management. The estimated annual spend for this scope of work exceeds $200,000. Most orders will be warehouse based and items will need to be shipped to the City. However, there may be times when same day service is required and City personnel will pick up items at a Tucson Metropolitan area storefront. How the City acquires the items it buys is at the sole discretion of the City.

DELIVERY LOCATIONS: Brake Items are to be delivered to the following Department/Location.

• EGSD - Fleet Services, 4004 S. Park Ave., Building 2, Door "O", Tucson AZ 85714

• TFD - Fire Fleet Management, 720 E. Ajo Way, Tucson AZ 85713

MULTIPLE CONTRACT AWARDS: The City intends to make multiple awards by Group, as listed on the Price Page.

If multiple awards are made, they will be non-positional. Additionally, the City reserves the right to award by the following.

• Individual Line Item

• Sub-Group of Line Items - for example: ITEM 1 - HEAVY DUTY BRAKE SHOES (TFD) Item Numbers 1 through 5.

• Group Grand Total - for example: GROUP II - ITEMS 1,2,3,4,5, and 6.

Whichever is deemed most advantageous to the City.

B.2. Background

Fleet Services provides maintenance, repairs, and acquisition of all City of Tucson fleet vehicles. Fire Fleet Management provides maintenance, repair, and acquisition of all fire emergency response vehicles.

The current fleet of heavy duty trucks and emergency response vehicles have their brakes checked on every repair and at scheduled preventative maintenance (PM) intervals. Brake shoes and drums are changed when they are outside of current Department of Transportation and Mobility (DTM) and City of Tucson standards for safe braking operations. All brake components for the Tucson Fire Department must meet or exceed requirements for FMVSS-121.

B.3. Contact Information

Cynthia Thompson, NIGP-CPP, CPPB Principal Contract Officer

BUSINESS SERVICES DEPARTMENT Page 5 of 40

Email: cynthia.thompson@tucsonaz.gov Phone: (520) 837-4134 Department:

EGSD

B.4. Timeline mailto:cynthia.thompson@tucsonaz.gov tel:(520)837-4134

BUSINESS SERVICES DEPARTMENT Page 6 of 40

Release Project Date January 25, 2023

Pre-Proposal Meeting (Non- Mandatory)

February 2, 2023, 11:00am Microsoft Teams

Question Submission Deadline February 9, 2023, 2:00pm

Proposal Submission Deadline February 17, 2023, 2:00pm

BUSINESS SERVICES DEPARTMENT Page 7 of 40

C. SCOPE OF WORK

C.1. Technical Product Requirements

Note: The City references Haldex and Grey-Rock part numbers throughout the Scope of Work and the Price Page. It’s the City’s understanding that Haldex and Grey-Rock are owned by the same company, therefore their part numbers are considered equal and interchangeable to each other.

GROUP I - FLEET SERVICES

A. ITEM 1: Heavy Duty Brake Shoes

1. Lining Material: Mid-range to Haldex GF 2008 or equivalent

a. Axel Load: 20,000 lbs.

b. AL Factor: 165

c. Temperature Range: 450 degrees Fahrenheit to 750 degrees Fahrenheit

d. Fade: > 40 psi

e. Friction Average: > .340 Normal < .425 Hot

2. Rivets - Relining: Only brass coated steel rivets are acceptable.

B. ITEM 2: Brake Drums

1. All heavy duty brake drums shall be balanced for all items listed in Group I - Fleet Services.

C. ITEM 3: Governors and Valves

1. A. Rebuilt/remanufactured parts are not acceptable - except as indicated, on the Price Page, for ITEM 3 GOVERNORS AND VALVES, Item No. 2., COT# 0015-011- 00080-3 KIT, AIR DRYER BENDIX#109493X, remanufactured parts are acceptable.

D. ITEM 4: Miscellaneous Brake Items

1. A. Items for Items 2, 3 and 4 shall be as specified on the Price Page.

GROUP II - TUCSON FIRE DEPARTMENT

A. ITEM 1: Heavy Duty Brake Shoes (TFD)

1. Lining Material

a. Grey-Rock GC Combination High Performance Special Service

i. GAWR: 2300 @ 180 AL

ii. Temperature Range: 950 degrees Fahrenheit

iii. Friction Average: GC Combination

iv. CAM Block: .361 - .392 / .388 - .399

v. Anchor Block: .431 - .454 / Hot .411 - .442

b. Grey-Rock GG High Performance Premium Block

BUSINESS SERVICES DEPARTMENT Page 8 of 40

i. GAWR: 2300 @ 180 AL

ii. Temperature Range: 950 degrees Fahrenheit

iii. Friction Average: GG 2020-01

iv. CAM Block: .431 - .454 / Hot .411 - .422

v. Anchor Block: .431 - .454 / Hot .411 - .422

2. Brake Shoe Relining

a. Inspection Guidelines for Brake Shoe Relining

i. Remove all grease and contamination from brake shoes

ii. Inspect show for stretch with Fraser F305Q, or equivalent

iii. Inspect table flatness

iv. Inspect table arch with Fraser 613, 614, 616, or equivalent

v. Inspect bolt/rivet holes with Fraser 419, or equivalent

vi. Inspect table thickness with Fraser 409, or equivalent

vii. Inspect welds for cracks

viii. Inspect anchor points for wear

ix. Paint brake shoes/rust preventative

x. Shoes that do not pass inspection shall not be relined

B. ITEM 2: Brake Drums (TFD)

1. All heavy duty brake drums shall be balanced for all items listed in Group II - Tucson Fire Department.

C. ITEM 3: Governors and Valves (TFD)

1. Rebuilt/remanufactured parts are not acceptable - except as indicated on the following item on the Price Page. ITEM 3, Governors and Valves (TFD)/Item No. 2 MERITOR 1, 107794X, Remanufactured Parts are Acceptable.

D. ITEM 4: Disk Brake Pads (TFD)

1. A. Items for Item 4: Disk Brake Pads shall be new and in original packaging.

E. ITEM 5: Brake Hardware Kits (TFD)

F. ITEM 6: Brake Chambers (TFD)

C.2. Service Requirements

A. Customer Support Services: Offerors must have procedures in place regarding product replacements, returns, restocking charges, after sales support, out of stock tracking, order tracking, technical assistance and feedback, quality assurance for orders and drop shipments.

BUSINESS SERVICES DEPARTMENT Page 9 of 40

B. Other Services: Offerors are encouraged to offer value-add services not included in above categories.

C.3. General Requirements

A. Brand or Trade Names: Any manufacturer's names, trade names, brand names or catalog numbers used in the solicitation are for the purpose of describing and/or establishing the quality, design and performance required. Any such reference is not intended to limit or restrict any offer by any contractor, but is only listed in order to advise potential Offerors of the requirements of the City. Any offer, which proposes like quality, design or performance, will be considered. Offers submitted as alternates, as "equals", or on the basis of exception to specific conditions of purchases and/or required specifications. must be accompanied by detailed product or service literature, suitable for evaluation. If no exceptions are taken, the City will expect and require complete compliance with the specifications and conditions of purchase.

B. Samples and Demonstrations: Samples or demonstrations may be requited 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.

C. Invoices (Contractor's invoices should accompany all part deliveries.)

1. Invoices for Fleet Services: Invoices shall be delivered with the parts order, at time of delivery OR via email within one (1) business day to the email of the Fleet Services Parts Specialist employee who placed the parts order. Contractor shall also submit invoices as follows:

a. Purchase Order Number shall be listed on all invoices and related documents.

2. A copy of the invoice submitted shall be emailed to EGSD-Payables@tucsonaz.gov

3. Invoices for Tucson Fire Department: Invoices shall be delivered with the parts order, at time of delivery OR via email within one (1) business day to TFD_AccountsPayable@tucsonaz.gov

D. DEFECTIVE PRODUCT: All defective products shall be replaced or credited by the Contractor. The cost of transportation, unpacking, inspection, repacking, reshipping or other like expenses shall be paid by the Contractor. All replacement products or credits must be received by the City within ten (10) days of initial notification.

E. SDS FOR HAZARDOUS SUBSTANCES: Contractor shall furnish Safety Data Sheets for all products required by OSHA Hazard Communications Regulations per 29 CFR Part 1910.1200.

F. UTILIZATION REPORT: The contractor shall provide a usage report to the Department of Procurement on an annual basis (or at any time upon request). The report shall be provided 9- 10 months into each term and shall provide complete information regarding the quantities of parts, unit pricing provided and total contract spend during the requested time period.

G. MAINTENANCE FACILITIES: The product specified in this solicitation is dependent upon the availability of prompt professional service. In order to be considered for award, each potential contractor is required to have existing facilities with sufficient inventory and trained technicians

BUSINESS SERVICES DEPARTMENT Page 10 of 40 experienced in providing a quality product, as specified. The City reserves the right to inspect contractor’s facilities before final award and throughout the term of the contract for quality control. By submitting an offer, contractor states that their facility is fully equipped to provide new and relined parts as outlined in the specifications.

H. INVENTORY: The City of Tucson has an ongoing requirement for the material indicated in this solicitation. It is an express condition of any award that the contractor shall maintain a reasonable stock on hand for delivery to the requesting agency. Failure to maintain such a stock may result in cancellation of the contract.

I. INSPECTION: All parts provided from the Contractor’s shop shall be inspected by the Fleet Services Administrator, Fleet Services Superintendent, Fire Fleet Management Superintendent or their agent(s) upon receipt. Any parts determined by the Fleet Services Administrator, Superintendents, or their agents, to be unsuitable for service shall be returned to the contractor at no cost to the City.

J. SUBSTITUTE ITEMS: In the event that the manufacturer discontinues a product or model, the City at its sole discretion may allow the contractor to provide a substitute for the discontinued item. The contractor shall request permission to substitute a new product or model and provide the following:

1. A formal announcement from the manufacturer that the product or model has been discontinued.

2. Documentation from the manufacturer that names the replacement product or model.

3. Documentation that provides clear and convincing evidence that the replacement meets or exceeds all specifications required by the original solicitation.

4. Documentation that provides clear and convincing evidence that the replacement will be compatible with all the functions or uses of the discontinued product or model.

5. Documentation confirming that the price for the replacement is the same as or less than the discontinued model.

K. WARRANTY: Contractor shall warrant that all parts furnished under this contract shall be free of defects in material and workmanship. Warranty shall also guarantee accepted trade standards of quality, fitness for the intended uses, and conformance to specifications. No other express or implied warranty shall eliminate the contractor’s liability as stated herein.

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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. Price Proposal

B. Method of Approach

C. Qualifications and 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.

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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;

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/portal/tucson-az

BUSINESS SERVICES DEPARTMENT Page 18 of 40

F. EVALUATION PHASES

No. Evaluation Criteria Scoring Method Weight (Points)

1. Price Proposal

REQUIREMENTS SPECIFIC TO

EVALUATION CRITERIA: The narrative portion and the materials presented in response to this Request for Proposal should be submitted in the same order as requested and must contain, at a minimum, the following:

A. Price Proposal

1. Provide price proposal as requested per Attachment G, GROUP I - FLEET

SERVICES and Attachment

H, GROUP II - TUCSON

FIRE DEPARTMENT - Excel Price Page. Proposed pricing shall include delivery to Tucson Metropolitan agencies.

2. Offerors shall offer a fixed percentage discount structure for like items not listed on Attachment G, GROUP I - FLEET SERVICES and Attachment H, GROUP II -

TUCSON FIRE

DEPARTMENT - Excel Price Page. The discount can be a percentage off a manufacturer’s price list or catalog, cost plus a percentage, or a reduced net pricing schedule to provide pricing for all products and services offered.

3. Provide discount structure as noted on Attachment G, GROUP I - FLEET

SERVICES and Attachment

H, GROUP II - TUCSON

FIRE DEPARTMENT - Excel Price Page.

N/A N/A

BUSINESS SERVICES DEPARTMENT Page 19 of 40

2. Method of Approach

REQUIREMENTS SPECIFIC TO

EVALUATION CRITERIA: The narrative portion and the materials presented in response to this Request for Proposal should be submitted in the same order as requested and must contain, at a minimum, the following:

A. Technical Product Requirements

1. Does the product you are proposing meet the Technical Product Requirements contained in the Scope of Work section?

2. Provide manufacturers' descriptive literature regarding the product(s) or product lines offered.

3. Describe your firms inspection guidelines for brake shoe relining. Inspection guidelines must be in compliance with Scope of Work, Section I.

Technical Product Requirements, Group 2, Brake Shoe Relining.

4. Do the brake components proposed for the Tucson Fire Department meet or exceed FMVSS-121 requirements?

B. Customer Support Requirements

1. Does your firm meet the Service Requirements described in the Scope of Work section?

2. Provide information on the types of products your company offers.

3. What is the current value of your inventory?

4. What percentage of that would include products to support this contract?

5. Is your firm an authorized representative for any manufacturers? If yes, list the manufacturers.

6. What brands do you currently carry in your inventory?

C. Delivery and Storefront Capabilities

BUSINESS SERVICES DEPARTMENT Page 20 of 40

1. Does your firm offer delivery and storefront pick up capabilities?

2. What are the locations of your local facilities?

3. What are the hours?

4. Is after-hours delivery/pick-up available?

5. Provide your standard delivery time based upon calendar days after receipt of order (Please state in terms of calendar days after receipt of order). If there could be variations in the delivery time by item, please state what those variations may be.

6. Describe your order tracking system and quality assurance process.

7. Describe how your firm tracks out of stock orders and how / when do you notify your customers?

8. Does your firm offer technical assistance or product education?

a. If yes, whom do they contact? Please provide contact information.

9. What is your policy on product replacement and returns?

10. Who does the City contact in the event of errors in products received or to check on the status of an order?

11. Does your firm charge restocking fees and when would restocking fees apply?

12. Describe your after sales support.

D. Training

1. Does your firm offer product training? If yes, please describe.

2. Does your firm offer certified product training? If yes, please describe.

3. Do you meet the General requirements described in

BUSINESS SERVICES DEPARTMENT Page 21 of 40

Section III of the Scope of Work section?

E. Price Page

1. Offerors must make the referenced price lists and/or the applicable catalog(s) available to the City. Offerors may submit the price list or catalogs on CD or provide a web address location of the published public price list and/or catalog which is accessible by the City. The City must be able to locate the proposed items and verify the offered pricing reflects the proposed discount from the applicable price list, catalog or website.

2. Did you provide price list or catalog?

3. Web Address (if applicable)

4. Will there be additional delivery charges to non- Tucson agencies located outside of the Tucson Metropolitan area? ____Yes _____No

F. Usage Report

1. Can your firm provide an annual usage report?

2. If your firm has more than one contract with the City of Tucson, can your system break out the annual usage by contract?

3. Provide a sample usage report.

G. Inventory

1. Do you stock the items listed on Attachment G, GROUP I - FLEET SERVICES and Attachment H, GROUP II -

TUCSON FIRE

DEPARTMENT - Excel Price Page?

2. What is your inventory value?

3. What percentage of that inventory supports products listed under this contract?

H. Warranty

1. Describe your warranty.

BUSINESS SERVICES DEPARTMENT Page 22 of 40

2. Provide your firm’s warranty documentation.

3. Describe other value add services your firm offers.

BUSINESS SERVICES DEPARTMENT Page 23 of 40

3. Qualifications and Experience

REQUIREMENTS SPECIFIC TO

EVALUATION CRITERIA: The narrative portion and the materials presented in response to this Request for Proposal should be submitted in the same order as requested and must contain, at a minimum, the following:

A. Company Information - Please provide a general overview of your company, including the following:

1. Number of years in business.

2. Headquarters location.

3. Main type of business.

4. Principal place of business.

5. Number of employees.

6. Has your company, either presently or in the past, been involved in any litigation, bankruptcy, or reorganization? If so, please provide a brief description.

B. References - Please provide a minimum of three (3) references for which your company has provided the same types of products (please include company name, address, contact person, phone number and email address). References from other public agencies, particularly municipal governments, are preferred.

C. Company Representative - will your company assign a sales/service representative or a single point of contact for the City?

If so, please provide their contact information.

D. Key Personnel - provide the requested information and a statement of qualifications or resume for each key personnel who will work with the City.

1. Name/Title

2. Phone Number

3. Email Address

4. Years of experience

5. Statement of Qualifications

6. Resume

BUSINESS SERVICES DEPARTMENT Page 24 of 40

G. SPECIAL TERMS AND CONDITIONS

G.1. 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.

G.2. BRAND OR TRADE NAMES

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

G.3. 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.

G.4. FOB DESTINATION FREIGHT PREPAID

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

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

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

BUSINESS SERVICES DEPARTMENT Page 25 of 40

G.5. 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.

G.6. SUBSTITUTE ITEMS

In the event that a product or model provided under the contract is discontinued by the manufacturer, the City at its sole discretion may allow the Contractor to provide a substitute for the discontinued item.

The Contractor shall request permission to substitute a new product or model and provide the following:

• A formal announcement from the manufacturer that the product or model has been discontinued.

• Documentation from the manufacturer that names the replacement product or model.

• Documentation that provides clear and convincing evidence that the replacement meets or exceeds all specifications required by the original solicitation.

• Documentation that provides clear and convincing evidence that the replacement will be compatible with all the functions or uses of the discontinued product or model.

• Documentation confirming that the price for the replacement is the same as or less than the discontinued model.

G.7. TERM

The term of the Contract shall commence upon award and shall remain in effect for a period of one (1) year, unless terminated, or canceled.

G.8. AUTOMATIC RENEWALS

The Contractor agrees that the City of Tucson shall have the right, at its sole option, to renew the Contract for four (4) additional one-year periods or portions thereof. In the event that the City exercises such rights, all terms, conditions and provisions of the original Contract shall remain the same and apply during the renewal period with the possible exception of price and minor scope additions and/or deletions. Renewals will be automatic, from the date of contract award, unless the City provides written notice to the contractor no later than thirty (30) days prior to renewal date.

BUSINESS SERVICES DEPARTMENT Page 26 of 40

H. INSURANCE REQUIREMENTS

H.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:

H.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

H.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.

H.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 27 of 40

H.5. 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.

H.6. 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.

H.7. 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.

H.8. 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.

H.9. 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.

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.

BUSINESS SERVICES DEPARTMENT Page 28 of 40

H.10. 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.

H.11. 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.

H.12. 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 29 of 40

I. STANDARD TERMS AND CONDITIONS

I.1. ADVERTISING

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

I.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.

I.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.

I.4. ARBITRATION

Notwithstanding any other provision in this Contract, no agreement by the City to arbitrate a dispute is binding unless given…