SCRAP_METAL_RECYCLING_(Addendum_#2_Revision).pdf

CITY OF TUCSON

REQUEST FOR PROPOSAL

240070

SCRAP METAL RECYCLING

Due Date: Wednesday, August 21, 2024

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/60312

PUBLISH DATE: July 31, 2024 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. 240070

BUSINESS SERVICES DEPARTMENT Page 2 of 44 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Olga Culp

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-3801

Attachments:

A - OFFER_AND_ACCEPTANCE_RFP

G - Outline for Pollution Prevention Plan H - Scrap_Metal-_Bin_Capacity_and_Locations I - Scrap Metal Locations and usage

J - 240070 PRICE AND ATTACHMENTS

BUSINESS SERVICES DEPARTMENT Page 3 of 44

A. INTRODUCTION

A.1. Summary

The City of Tucson intends to solicit offers from qualified and experienced firms to establish a revenue-generating contract for the provision of SCRAP METAL AND APPLIANCE COLLECTION AND RECYCLING SERVICES. The resulting contract shall be used on an “as needed” basis. The City intends to use the contract that results from this RFP process as the primary means of meeting the city's needs for scrap metal recycling. However, the City reserves the right to utilize alternate means when the City deems it to be advantageous.

The City accepts self-hauled scrap metal and appliances at designated locations throughout the City. The materials collected are received from self-haul landfill customers and businesses and are collected by City residential collection crews.

Customers are instructed to separate appliances containing refrigerant from other appliances and scrap metal. These items are placed on the ground. The successful offeror will remove the collected material at regularly scheduled intervals for recycling.

Scrap metal sales or recycling, also called secondary metal processing shall generally be in the form of two categories, ferrous and nonferrous metals. Ferrous metals contain iron and nonferrous metals do not contain iron. Typical Materials processed for recovery include: Aluminum, Carbon Fiber, High-Temp Alloys, Titanium, Exotic Alloys and Composites, and Precious Metals. If the metals are determined to be of no monetary value, the Contractor will dispose of the materials appropriately and in the best interest of the environment

A.2. Contact Information

Olga Culp Contract Officer Email: olga.culp@tucsonaz.gov Phone: (520) 837-3801 Department:

EGSD

A.3. Timeline mailto:olga.culp@tucsonaz.gov tel:(520)837-3801

BUSINESS SERVICES DEPARTMENT Page 4 of 44

Release Project Date July 31, 2024

Pre-Proposal Meeting (Non- Mandatory)

August 6, 2024, 11:00am Microsoft Teams

Meeting ID: 283 980 873 56 Passcode: at3iG3 https://teams.microsoft.com/dl/launcher/launch er.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_Zjk1MDk1M2YtNTkxY i00MGI2LTk3NTMtMWQ4OWE2MDFkMzA5% 40thread.v2%2F0%3Fcontext%3D%257b%25 22Tid%2522%253a%2522d21e59ec-c208- 43eb-aaf1-cf06d9a196e0%2522%252c%2522Oid%2522 %253a%2522add2f19c-51c5-40c6-a494- 1e7e841652ba%2522%257d%26anon%3Dtru e&type=meetup-join&deeplinkId=7b0f07b6- 0031-4509-aca4- 8dbd74d842d3&directDl=true&msLaunch=true &enableMobilePage=true&suppressPrompt=tru e

Question Submission Deadline August 15, 2024, 4:00pm

Proposal Submission Deadline August 21, 2024, 2:00pm https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_Zjk1MDk1M2YtNTkxYi00MGI2LTk3NTMtMWQ4OWE2MDFkMzA5%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%2522d21e59ec-c208-43eb-aaf1-cf06d9a196e0%2522%252c%2522Oid%2522%253a%2522add2f19c-51c5-40c6-a494-1e7e841652ba%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=7b0f07b6-0031-4509-aca4-8dbd74d842d3&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_Zjk1MDk1M2YtNTkxYi00MGI2LTk3NTMtMWQ4OWE2MDFkMzA5%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%2522d21e59ec-c208-43eb-aaf1-cf06d9a196e0%2522%252c%2522Oid%2522%253a%2522add2f19c-51c5-40c6-a494-1e7e841652ba%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=7b0f07b6-0031-4509-aca4-8dbd74d842d3&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true 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BUSINESS SERVICES DEPARTMENT Page 5 of 44

B. NOTICE

B.1. CITY OF TUCSON

NOTICE OF REQUEST FOR PROPOSAL NO 240070

TITLE: SCRAP METAL RECYCLING

SUBMITTAL DUE DATE: Wednesday, August 21, 2024 AT 2:00 P.M. LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE: Tuesday, August 6, 2024

TIME: 11:00 am LOCAL AZ TIME

LOCATION: MICROSOFT TEAMS MEETING

Microsoft Teams Join the meeting now Meeting ID: 283 980 873 56 Passcode: at3iG3 QUESTIONS SHALL BE DIRECTED TO: Olga Culp

(520) 837-3801 olga.culp@tucsonaz.gov

Posted Date: Wednesday, July 31, 2024

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_Zjk1MDk1M2YtNTkxYi00MGI2LTk3NTMtMWQ4OWE2MDFkMzA5%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22add2f19c-51c5-40c6-a494-1e7e841652ba%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Zjk1MDk1M2YtNTkxYi00MGI2LTk3NTMtMWQ4OWE2MDFkMzA5%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22add2f19c-51c5-40c6-a494-1e7e841652ba%22%7d

BUSINESS SERVICES DEPARTMENT Page 6 of 44

C. SCOPE OF WORK

C.1. CONTRACTOR’S RESPONSIBILITIES

A. Pollution Prevention Plan

1. The Contractor shall submit a Pollution Prevention Plan to the Contract Representative upon contract award. The Pollution Prevention Plan shall address the Contractor’s landfill operational procedures, spill and leak clean up procedures, housekeeping and management techniques that reduce potential or actual releases to the environment including air, water and land resources affected by those pollutants.

a. The Pollution Prevention Plan shall be updated as necessary by the Contractor as methods and equipment are updated.

b. An outline for a pollution prevention plan has been provided as Attachment G.

B. Materials Collection

1. The Contractor shall establish a regular schedule to remove collected materials from the landfill one time per month, at a minimum. The schedule shall be agreed upon between the Contractor and the Contract Representative.

a. In addition to regularly scheduled collections, the Contractor shall remove materials from all other facilities on an as-needed basis, as requested by the City. As-needed removals shall occur within five (5) calendar days of notification by the City.

2. The Contractor shall weigh in on the City’s landfill scale to determine tare weight and full load weight. A copy of the weigh ticket shall be given to the Contractor and a copy will be retained by the landfill cashier.

a. The City’s scaled out weights shall determine the tonnage used for the revenue share to be paid to the City. No other scaled weight shall be used to determine revenue share.

3. The Contractor shall provide collection containers at each collection site not including the landfill.

Collection containers shall be in new or like new condition.

a. The container size will be determined by each location’s Department Representative after consultation with the Contractor.

b. The Contractor shall have five (5) calendar days to deliver the specified containers to all agreed upon locations.

c. All holding containers shall be removed by the Contractor within five (5) calendar days after expiration of the contract.

d. The Contractor shall be responsible for making all requested bin changes within 24 business hours of notification.

4. Periodically, scrap metal from other City collection sites may be taken directly to the Contractor’s business site to be weighed and unloaded. This process must be witnessed by the City employee delivering the metal.

a. It is the Contractor’s responsibility to ensure the weigh ticket has been signed by the City employee who delivered the metal.

5. The Contractor shall remove materials from the collection sites named in Attachment I on an as-needed basis within five (5) calendar days of receipt of notice (via phone, fax. or email) of the need for service.

6. All scrap metal containers shall remain the property of the Contractor and shall be supplied at no cost to the ordering agency.

BUSINESS SERVICES DEPARTMENT Page 7 of 44

7. Any spillage of scrap metal made by the contractor during the pick- up shall be the responsibility of the

Contractor and shall be cleaned up immediately.

8. The Contractor may leave non-scrap metal material at the collection facility.

9. The Contractor shall be solely responsible for the payment of any penalties or fines assessed to the City by governing agencies for the Contractor’s failure to perform the services described in this section.

10. The Contractor shall keep all premises free from accumulations of waste material or rubbish caused by employees and their work.

11. In the event that materials are spilled during collection or transport by the Contractor, the Contractor shall be responsible for the cleanup and any necessary remediation.

12. The Contractor shall accommodate General Services’ (Fleet) need to dispose of stripped salvage vehicles, at a minimum, once annually.

a. Stripped salvage recycling will be on an as needed if needed basis.

C. Incident Reporting

1. The Contractor shall maintain written records of all incidents including accidents, release of contaminants to the air or soil and other incidents at the landfill. Records shall include situation resolution.

2. The Contractor shall provide written reports of incidents including resolution to the Contract Representative no later than the second business hour of the day following the event. The Contractor shall verbally report an incident to the Contract Representative as soon as possible following the event.

3. For the purposes of this contract, “incident” is defined as any event or occurrence involving any material, equipment, or personnel that has the potential to:

a. Result in a customer service or public relations issue

b. Involve any media, legal or regulatory agencies

c. Result in an injury to an employee or member of the public

d. Result in the release of contaminants into the air or soil

D. Prohibited Activities

1. The Contractor or subcontractors shall be prohibited from landfill disposal of recyclable materials, or from marketing recyclable materials that will be landfilled or from knowingly providing recyclable materials to vendors who will export them for disposal.

2. The Contractor shall certify that all materials collected from City facilities are recycled, resold or reprocessed.

3. Processing activities shall take place within the borders of the United States.

4. The Contractor shall not clean or strip any scrap while on City property. All materials must be removed intact and in total.

5. Illegal dumping of any and all materials gathered is prohibited.

E. Personnel and Equipment

1. Contractor shall designate one specific individual to oversee and inspect work performed by Contractor’s personnel assigned to this contract. Contractor’s designated representative shall be available locally within the Tucson metropolitan area, able to respond via telephone within two (2) hours of initial contact and authorized to resolve management issues and respond to emergency requirements.

BUSINESS SERVICES DEPARTMENT Page 8 of 44

2. The Contractor shall utilize only trained, competent employees in the performance of this contract. At the request of the City, Contractor shall remove from assignment to this contract any employee, whether supervisory or nonsupervisory.

3. The Contractor’s equipment shall be maintained and in good working order. The City reserves the right to stop work in the event that equipment appears to be performing improperly.

4. The City shall NOT provide office or storage space for the Contractor’s supplies, vehicles or equipment.

5. Contractor shall furnish all necessary supplies, labor, vehicles and equipment to perform services.

F. Record Keeping and Payment

1. The process of scrap metal pickup shall be witnessed by a City employee when possible. Periodically, scrap metal from other City collection sites may be taken directly to the contractor’s business site to be weighed and unloaded. This process must be witnessed by the City employee delivering the metal.

a. Scrap metal pick up/ weighing shall be recorded by landfill cameras and reviewed as necessary.

2. The Contractor shall weigh out each load of scrap metal and maintain accurate records of collection and recycling activities performed under this contract for each pickup location. Records shall be immediately available to the Contract Representative upon request for inspection, audit or reproduction.

3. The Contractor shall submit monthly payment for all weight tickets from the previous month. Payment will be due to each individual City of Tucson Department and marked as follows:

a. Attention: Scrap Metal Program

b. Pickup Location Address)

c. Payments shall be received no later than the 20th day of the month following the reporting month. If the reporting month is July then payments must be received no later than the 20th day of August.

4. At the conclusion of each pickup or delivery, the Contractor shall use weigh tickets to compute the amount due to the City. The Contractor shall provide a collection receipt (weigh ticket) that includes (at a minimum) the following information:

a. Date of Service

b. Pickup Location

c. Materials Collected

d. Net Weight

e. Unit Price

f. Tare Weight

g. Extended Price

h. This report shall also include unit price documentation in the form of a copy of the first issue of the monthly AMM for the month and category of metal being paid.

5. All reports shall be submitted in Excel spreadsheet format in hard copy or electronic format, as agreed upon between the Contractor and the City of Tucson. Abbreviations shall not be used in reports.

6. In the event that the City elects to require the Contractor to remove refrigerant, reports will contain information including the number of refrigerant containing appliances serviced, the total amount of refrigerant removed and any other information requested by the Contract Representative.

7. Contractor shall obtain all permits and licenses and pay all taxes, charges and fees necessary to perform the services under this contract.

8. Failure to make monthly payments may result in cancellation of the contract.

BUSINESS SERVICES DEPARTMENT Page 9 of 44

G. Compliance with Applicable Laws and Regulations

1. Contractor shall perform all requirements under this contract in strict observance of and compliance with all applicable laws, regulations, ordinances, codes and any other legislative or statutory requirements.

2. Contractor shall perform all services under this contract in compliance with the current requirements of the Occupational Safety and Health Act (OSHA) and as it may be amended or updated throughout the term of this contract.

3. All scrap metal products collected under this contract shall be placed in containers which comply with current applicable Occupational Safety and Health Standards 29 CFR 1910.212, General Requirement. More Information regarding OSHA Requirements and Compliance can be obtained from https://www.osha.gov/Publications/OSHA3348-metal-scrap-recycling.pdf.

C.2. CONTRACTOR’S RESPONSIBILITIES - Tucson Police Department

In Addition to the Contractor's Responsibilities outlined in the Scope of Work section B. Materials Collection the following will be applied to collections from the Tucson Police Department's locations.

• Items once classified as crime scene evidence can not be disposed of as would other items. These bins are to be kept under video surveillance until the items are sent through a crusher and destroyed.

• TPD personnel do not accompany the pick up driver off site to witness the weighing, but reserve the right to perform an audit.

• The Police Evidence Facility (EPIC) is currently utilizing four (4) steel walled pallets for submissions of old evidence items deemed "Scrap Metal" and one (1) Roll Off at the Impound Lot for bicycles and scrap from vehicles. Once these are full, TPD will contact the vendor and schedule a time to exchange these containers with empty ones. (this requires a flat-bed truck to back-up into our loading dock at our secured facility so we can fork it onto the back of the truck. We do not accompany the truck, nor witness their weighing of the scrap metal containers) The City and/or TPD reserves the right to conduct an audit or inspection at any time.

• Security is of the utmost importance at the TPD sites due to evidence and the nature of the items being recycled.

• The firearms destruction of Federally illegal firearms such as sawed off shotguns, defaced serial numbers, and other similar items authorized for destruction are completed about every 2 to 3 years. TPD waits until there are at least 100 of these types of weapons on hand. (The last destruction was on 3/5/2024) The net weight on that destruction was 1,240 lbs of unprepared steel. The destruction needs to be witnessed by Tucson Police Department staff (including an Evidence Technician, and commissioned personnel comprised of a Lieutenant, Sergeant, Officer/Detective, and SWAT). The vendor will need to be comfortable with this arrangement as SWAT will inspect rollers and equipment afterwards to ensure a complete destruction of the firearms.

C.3. CITY RESPONSIBILITIES

A. The City shall provide a collection area and Contract Representative at all facilities. (see Attachment I).

B. The City shall remove non-scrap material left behind by the Contractor.

C. The City may conduct periodic audits of the Contractor’s facilities.

https://www.osha.gov/Publications/OSHA3348-metal-scrap-recycling.pdf

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D. The City shall develop and carry out an educational effort aimed at maximizing participation in the program.

E. The City shall review, edit and approve any educational or promotional materials produced by the Contractor and aimed at maximizing participation in the program.

F. The City shall provide appropriate signage at the collection area.

G. The City shall provide the number, size and location for all containers. (see Attachment H)

H. The City shall be responsible for removal of all refrigerant from appliances collected at Los Reales Landfill

C.4. GENERAL INFORMATION

A. Scrap Metal Weight Verification

1. The Contractor shall be responsible for providing the ordering agencies with the actual weight of scrap metal that is either picked up or direct shipped to the contractor. Such verification shall be in the form of a weight scale ticket. This ticket shall have a 4-digit account code along with the type of scrap metal, its weight and the price paid. These are required to track and audit contract usage.

2. Weight of scrap metal for each pick-up shall be determined by the difference between laden and unladed weight of the delivery vehicle, as determined by certified scales, registered by the State of Arizona.

3. Vehicles used for scrap metal pick up shall be empty upon arrival for pickup. Should the vehicle(s) be partially filled upon arrival, the ordering agency shall be provided with a weight statement prior to material loading and after loading.

4. Upon mutual agreement between the contractor(s) and the state surplus property management office, the contractor(s) may be allowed to pass on picking up materials, if valued amount of material does not justify the administrative cost associated with that particular transaction. Such agreements must be pre-approved.

B. Delivery Requirements

1. The Contractor shall prepare the weight scale ticket for scrap of metal products, including delivery and other information as follows:

a. Name, Address and location of the ordering agency

b. Sale Prices and delivery/pick-up quote

c. Order number

d. Estimated delivery dates

e. Quoted pricing to include weight scale ticket with 4-digt account code (See Paragraph .3.1, Prohibited Activities) and other delivery supplies or equipment required for safety in accordance with Solicitation requirements and scrap metal specifications.

2. The Eligible Agency shall assume the following responsibilities:

a. Review and finalize the Scrap Metal Sale/Recycle Quotation with Contractor prior to issuing weight scale ticket(s)

b. Arrange delivery/pick-up date and time schedule with Contractor and obtain confirmation

c. Provide support contact information as required

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3. All freight and or delivery charges shall be included in the offeror’s proposal.

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D. INSTRUCTIONS TO OFFERORS

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

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

City:The City of Tucson, Arizona

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

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

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

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

May: Indicates something that is not mandatory but permissible.

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

Must: The action or condition is required.

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

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

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

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

D.2. PRE-SUBMITTAL MEETING

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

D.3. INQUIRIES

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

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

D.4. ADDENDUM OF SOLICITATION

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

D.5. UNDERSTANDING SCOPE OF WORK

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

D.6. PREPARATION OF OFFER

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

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

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

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

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

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

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

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

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

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

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

D.7. PAYMENT DISCOUNTS

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

D.8. TAXES

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

D.9. EXCEPTIONS TO CONTRACT PROVISIONS

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

D.10. PUBLIC RECORD

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

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

D.11. CONFIDENTIAL INFORMATION

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

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

D.12. WHEN AND HOW TO SUBMIT OFFERS

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

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

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

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

DEADLINE WILL NOT BE CONSIDERED.

D.13. CERTIFICATION OF NONCOLLUSION; CONFLICTS OF INTEREST

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

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

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

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

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

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

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D.14. WITHDRAWAL OF OFFER; BINDING OFFER

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

Telephonic or oral withdrawals are not effective.

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

D.15. DISCUSSIONS

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

D.16. VENDOR REGISTRATION; BUSINESS LICENSE

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

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

B. Obtain a City of Tucson Business License or a written determination from the City's Business License Section that a license is not required. For questions contact the City's Business License Section at

(520) 791-4566 or email at license@tucsonaz.gov mailto: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. Revenue Share Proposal

B. Qualifications and Experience

C. Method of Approach

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 ten (10) 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. SUBMITTAL 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://procurement.opengov.com/portalucson-az/contracts

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

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E. The form of relief requested.

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F. EVALUATION PHASES

No. Evaluation Criteria Scoring Method Weight (Points)

1. A. Revenue Share Proposal Provide a revenue share proposal as requested on the Revenue Share Proposal Page attached herein. (Attachment J)

N/A N/A

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2. Qualifications & Experience

A. Describe the firm’s relevant experience and qualifications, including:

1. How long has the firm been in business?

2. Provide the Firms current Revenue Share Plans?

B. Please provide three (3) relevant references. Each reference should include:

1. Reference Name

2. Address

3. Contact Name

4. Contact Information (phone number and email)

C. Provide copies of agreements between your firm and any other entity proposed to provide service to support your firm. For example, if your firm will work in cooperation with a firm providing transportation services to perform the services described herein, provide a copy of the agreement between the two firms. To include:

1. Company Name

2. Address

3. Contact Name

4. Contact Information (phone number and email)

D. Please identify all key personnel for the

BUSINESS SERVICES DEPARTMENT Page 22 of 44 resulting contract. Please provide an Organizational Chart clearly identifying key personnel and the following information for each individual to include contractors:

1. Name

2. Title/Role

3. Qualifications

4. Duties, responsibilities and reporting relationships

5. Specific qualifications in regards to this solicitation

6. Certifications (as appropriate)

E. Has the firm, parent corporation or any affiliated subsidiary or commonly owned corporation thereof, or any officers of the aforementioned been convicted of any regional violations of any Federal, State or Local statutes, ordinances and/or regulations relating to the transportation or processing of recyclable waste?

1. If so, what was the nature of the violation?

2. Please provide this information for all proposed subcontractors.

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F. Has the firm, parent corporation or any affiliated subsidiary or commonly owned corporation thereof, or any officers of the aforementioned been cited for any regional violations of Environmental Protection Agency (EPA) or Arizona Department of Environmental Quality (ADEQ) permitting regulations?

1. If so, what was the nature of the violation?

2. Provide this information for all proposed subcontractors.

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3. Method of Approach

A. Provide a detailed description of the method and equipment proposed to be used to remove materials from the City’s collection site.

B. Provide a detailed description of the proposed Pollution Prevention Plan.

C. Provide a detailed description of the methods for the removal and disposal of each category offered, including but not limited to: Waste Oil and Oil Filters

D. Provide a list of materials that will be harvested from the collected equipment.

E. Discuss the hazardous materials that may be encountered during the recycling process.

Provide a detailed description of the safety procedures practiced by your firm that protect employees and the public from hazardous materials at your firm’s site.

F. Provide a list of contractors who purchase the collected materials from the firm. Include the following:

1. Company Name

2. Address

3. Representative

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4. Contact Information (phone number and email)

G. In addition, for each contractor listed please provide the following:

1. A detailed description of the qualifications and recycling activities.

2. List materials accepted and the final disposition, including location for each firm.

H. Please provide a detailed description for your method of disposal of materials that cannot be recycled. Specifically address:

1. How and where non-recyclable materials are disposed of.

2. Companies name

3. Address

4. Contact information for the company handling the disposal of your firm’s non-recyclable materials.

I. Describe any materials that will be excluded.

J. Provide copies of agreements between your firm and any other entity proposed to provide service to support your firm.

1. For example, if your firm will work in cooperation with a

BUSINESS SERVICES DEPARTMENT Page 26 of 44 firm providing transportation services to perform the services described herein, provide a copy of the agreement between the two firms.

K. Offeror guarantees that they can meet all current and future established pickup schedules.

1. Provide a short response guaranteeing that your firm can meet the established pickup schedules.

L. Offeror certifies that their vehicles are/have been regularly inspected by the appropriate state agencies and have proper stickers, licenses and placards.

1. Provide documentation certifying fleet compliance.

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G. INSURANCE REQUIREMENTS

G.1. Required Insurance Policies

Contractor…