Sun_Tran_Support_Vehicles-_FTA_Funded_(Addendum_#1_Revision).pdf

CITY OF TUCSON

INVITATION FOR BID

230124

SUN TRAN SUPPORT VEHICLES- FTA FUNDED

Due Date: Tuesday, April 11, 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/38375

PUBLISH DATE: March 7, 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 INVITATION FOR BID NO. 230124

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

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

Attachments:

A - OFFER AND ACCEPTANCE.IFB

F - FTA TERMS AND CONDITIONS

G - SPECIFICATIONS

BUSINESS SERVICES DEPARTMENT Page 3 of 37

A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF INVITATION FOR BID NO 230124

TITLE: Sun Tran Support Vehicles- FTA Funded

SUBMITTAL DUE DATE: Tuesday, April 11, 2023 AT 2:00 P.M. LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE: Thursday, March 16, 2023

TIME: 11:00 am LOCAL AZ TIME

LOCATION: Virtual Teams Meeting https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmQ5ZjQ3OGUtNDQxNi00MDQxLThlYWQtNzFiMGFjODVhMGQx%40thread.v 2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d Call in # 1-213-293-2303 Conference ID# 758 252 481#

QUESTIONS SHALL BE DIRECTED TO: Maritza Felix

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

Publication Dates: NO VALUE

Posted Date: Tuesday, March 7, 2023

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

BUSINESS SERVICES DEPARTMENT Page 4 of 37

B. INTRODUCTION

B.1. Summary

The City of Tucson is accepting offers for the purchase of Sun Tran Support Vehicles, as per specifications, to be delivered F.O.B. Destination to the City of Tucson.

B.2. Contact Information

Maritza Felix Senior Contract Officer 201 N Stone Avenue 6th Floor North Tucson, AZ 85701 Email: maritza.felix@tucsonaz.gov Phone: (520) 837-4107 Department:

Transportation & Mobility

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

BUSINESS SERVICES DEPARTMENT Page 5 of 37

Issue Date March 7, 2023

Pre-Bid Conference (Non-Mandatory) March 16, 2023, 11:00am Virtual Teams Meeting https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmQ5ZjQ3OGUtNDQxNi0 0MDQxLThlYWQtNzFiMGFjODVhMGQx%40th read.v2/0?context=%7b%22Tid%22%3a%22d2 1e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%2292 36485a-e235-4796-b69f- 4eec05422ed4%22%7d

Call in # 1-213-293-2303 Conference ID# 758 252 481#

Question Submission Deadline March 24, 2023, 2:00pm

Bid Due Date April 11, 2023, 2:00pm Virtual Teams Meeting https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGE0YjFmMjEtYTYwNy00 OWZhLTllYTMtNjIwMTM4MDZjNzRh%40threa d.v2/0?context=%7b%22Tid%22%3a%22d21e 59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%2292 36485a-e235-4796-b69f- 4eec05422ed4%22%7d

Call in # 1-213-293-2303 Conference ID# 580 024 687# https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmQ5ZjQ3OGUtNDQxNi00MDQxLThlYWQtNzFiMGFjODVhMGQx%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmQ5ZjQ3OGUtNDQxNi00MDQxLThlYWQtNzFiMGFjODVhMGQx%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmQ5ZjQ3OGUtNDQxNi00MDQxLThlYWQtNzFiMGFjODVhMGQx%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmQ5ZjQ3OGUtNDQxNi00MDQxLThlYWQtNzFiMGFjODVhMGQx%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmQ5ZjQ3OGUtNDQxNi00MDQxLThlYWQtNzFiMGFjODVhMGQx%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmQ5ZjQ3OGUtNDQxNi00MDQxLThlYWQtNzFiMGFjODVhMGQx%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmQ5ZjQ3OGUtNDQxNi00MDQxLThlYWQtNzFiMGFjODVhMGQx%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmQ5ZjQ3OGUtNDQxNi00MDQxLThlYWQtNzFiMGFjODVhMGQx%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGE0YjFmMjEtYTYwNy00OWZhLTllYTMtNjIwMTM4MDZjNzRh%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGE0YjFmMjEtYTYwNy00OWZhLTllYTMtNjIwMTM4MDZjNzRh%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGE0YjFmMjEtYTYwNy00OWZhLTllYTMtNjIwMTM4MDZjNzRh%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGE0YjFmMjEtYTYwNy00OWZhLTllYTMtNjIwMTM4MDZjNzRh%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGE0YjFmMjEtYTYwNy00OWZhLTllYTMtNjIwMTM4MDZjNzRh%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGE0YjFmMjEtYTYwNy00OWZhLTllYTMtNjIwMTM4MDZjNzRh%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGE0YjFmMjEtYTYwNy00OWZhLTllYTMtNjIwMTM4MDZjNzRh%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGE0YjFmMjEtYTYwNy00OWZhLTllYTMtNjIwMTM4MDZjNzRh%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d

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C. SCOPE OF WORK

C.1. Introduction

The City of Tucson is accepting offers for the purchase of Sun Tran Support Vehicles, as per specifications, to be delivered F.O.B. Destination to the City of Tucson, Operations/Fleet Services, 4004 South Park Avenue, Building No.3, Tucson, AZ 85714.

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

Intent It is the intent of this Invitation for Bid (IFB) to solicit Bids for various types of support vehicles under a one-year base contract, with optional purchases as defined from a single qualified supplier.

This procurement is for replacement of existing Hybrid 4 door sedans, Hybrid SUV, and 3/4-ton pickup trucks.

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

Initial Purchase –The City’s intention is to purchase the maximum number of vehicles that funding will allow at the time of award that meet or exceed the features and functions stated in this IFB. The initial purchase will comprise up to four (4) Hybrid 4 door sedans, four (4) Hybrid SUV, and two (2) 3/4-ton pickup trucks.

Options – The City has sole discretion to exercise or assign options for the vehicles that may be ordered over the remaining contract term. Any options exercised by the City will be reflected in an amendment to the City contract.

Option purchases shall be in accordance with the same terms and conditions, specifications, and pricing contained herein. Unused options will remain available for the entire length of the contract. It is anticipated to purchase options to include: fourteen (14) Hybrid 4 door sedans, nine (9) Hybrid SUV, two (2) 3/4-ton pickup truck, one (1) 15 passenger van, and four (4) 1-ton truck with service body.

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The start date for the program/project will tentatively commence inApril 2023, or upon award of a contract pursuant to this IFB with a scheduled final order date of April 2028, or five years after contract award.

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

C.2. General Requirements

A. DESCRIPTIVE LITERATURE: All bids must include complete manufacturers' descriptive literature regarding the product they propose to furnish. Literature shall have sufficient detail in order to allow a complete evaluation of the bid/offer submitted. Failure to include this information may result in the bid being rejected.

B. 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.

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

D. GVWR AND SUSPENSION COMPONENT RATINGS: Under no circumstances will any component of the suspension system, including but not limited to tires and wheels, be acceptable if that component will cause the total GVWR of the vehicle/equipment offered to fall below the stated minimum. Bids quoting components which cause the GVWR to be reduced will be disqualified. Vendor will ensure the vehicles/equipment offered complies with all motor vehicle laws applicable, and that no component rating will be exceeded. By submitting a bid, the vendor warrants that the equipment as a whole, and the components individually specified in the vendor’s bid, will meet or exceed the GVWR requirements as requested. If deficiencies in equipment specification by the vendor are not discovered until the time of equipment delivery, the vendor agrees to repair and/or replace deficient components at the vendor’s sole expense to correct the deficiencies.

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E. DELIVERY CONSIDERATION: Delivery is an important consideration and may be a factor in the determination of an award. Therefore, delivery time after receipt of an order must be stated in definite terms. Should there be variations in delivery time by item; bids/offers must be clear in regard to those variations.

F. DELIVERY (DOCUMENTATION): The following documents are due upon delivery of the vehicles to the City:

• M.S.O. (Manufacturer Statement of Origin)

• Warranty document

• Odometer statement

• Required manuals

Upon contract award, the Contractor will be required, with each vehicle or group of vehicles delivered on the same purchase order number, to supply a delivery ticket specifying the purchase order number of each vehicle. Where there is more than one item on a purchase order, the bid item number shall also be indicated.

BUILD SHEET: Provide; a complete build sheet or line set sheet of component number and part number used to assemble chassis.

LEVEL 1 INSPECTION: Provide, Level 1 Inspection certification required for Arizona Registration

G. DELIVERY TO THE CITY OF TUCSON: All deliveries shall be made Monday through Friday from 8:00 a.m. to 3:00 p.m. The Contractor shall be required to give the Operations/Fleet Services Department a minimum of 24-hour notification prior to delivery with the anticipated time of delivery and quantity of units to be delivered.

H. VEHICLE INSPECTION: The City will assist the Contractor in arranging for inspection. Each vehicle delivered shall be subject to a complete inspection by the City’s Operation/Fleet Services Department prior to acceptance. Inspection criteria shall include, but not be limited to, conformity to the specifications, mechanical integrity, quality, workmanship, and materials. If delivered equipment is returned to the Contractor prior to acceptance for any reason, all corrections shall be made without any inconvenience to the City.

I. WARRANTY: Offerors shall state the manufacturer’s standard new vehicle warranty on the technical specifications table herein. The warranty period shall begin at the City’s in-service date of vehicle.

Offerors must provide contact information with vehicle to activate warranty.

J. REPAIRS: The vendor will be responsible for transport of vehicles to and from his place of business for repairs until such time as the City of Tucson places the vehicle in service. Transport of the vehicle will not be delayed more than one working day from date of notification.

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K. SAFETY REGULATIONS FOR USE OF COMPLETED VEHICLES/EQUIPMENT: All bodies, tools, machines or other devices or equipment added to vehicles/equipment after initial construction by the original vehicle chassis/equipment manufacturer must be equipped, constructed, and installed in a manner to allow for compliance with all applicable federal, state and local safety regulations in effect at the time of final vehicle/equipment delivery to the City of Tucson. Specifically, upon delivery of the vehicle/equipment to the City, no permanent or temporary modifications to the vehicle/equipment or any items included with the vehicle/equipment shall be required to meet the safety regulations included above; any such modifications, if necessary, shall have been made by the vendor and/or the vendor’s subcontractor(s) prior to delivery to the City. The vendor agrees that vehicles/equipment or attached items as included above which do not meet the requirements listed here shall be returned to the vendor for correction of deficiencies at the vendor’s sole expense.

L. MAINTENANCE FACILITIES: The equipment 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 maintenance facilities with sufficient parts inventory and trained technicians experienced in providing quality service on the equipment specified. Maintenance facilities are subject to inspection by the City to determine adequacy.

M. REPORTS: Contractor will be required to furnish the City of Tucson with MONTHLY progress reports confirming status of delivery dates as originally indicated in their Invitation for Bid response. Reports for vehicles ordered by the City shall be submitted to James Seeds, Fleet Equipment Specialist, 4004 S. Park Avenue, Tucson, AZ 85714. These reports shall consist of, but not limited to the following:

A. Copy of Contractor’s order to the factory.

B. Copy of factory acknowledgment of order indicating scheduled date of production and shipment from factory.

C. Factory generated computer status reports.

D. Notification to the City of any changes in production or shipping dates.

E. 5Any special information the Contractor shall have that would affect the timely delivery of the vehicles ordered in accordance with original delivery date promise.

In lieu of written reports submitted to Fleet Services, the contractor may provide access to an Internet based on-line order tracking system. Any on-line system provided must provide the information required above. The contractor must provide all access codes necessary to view this information.

N. VEHICLE RECALL NOTICES: In the event of any recall notice, technical service bulletin, or other important notification affecting a vehicle purchased from this contract, a notice shall be sent to the City’s Operation/Fleet Services Department. It shall be the responsibility of the Contractor to assure that all recall notices are sent directly to the City.

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O. PARTS AND SERVICE MANUALS: Two sets of each parts, maintenance, shop repair, and overhaul manuals shall be supplied upon vehicle delivery for each component of chassis and body. Wiring and hydraulic schematics shall be included. It is the City’s preference to receive parts and shop manuals on compact disc. All manuals shall be delivered to the Fleet Services Division, 4004 S. Park Ave., Bldg.

1, Tucson, AZ 85714

Full availability of access to any existing manufacturer’s diagnostic software or web-based links used for vehicle repairs pertaining to chassis and body, or vendor verification that access to such information will be available to the City of Tucson.

P. SPECIFICATION TABLE: The following specifications table lists the minimum requirements. For each Minimum Requirement, indicate “Yes” or “No” under Comply. If you do not meet the Minimum Requirement, provide an explanation in the “Vendor Exception/Alternative” column on why you do not meet the requirement. Any deviations from the minimum requirements must be clearly presented on the table or in an attached letter. If no exceptions are taken, the City of Tucson will expect and require complete compliance with the specifications.

The “Vendor Exception/Alternative” column might also include the City’s request for specific information. Where information is requested, please provide a response. Failure to supply requested data will be grounds for bid rejection.

C.3. Specifications

PLEASE SEE ATTACHMENT "G"

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D. INSTRUCTION TO OFFERORS

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

For purposes of this solicitation and subsequent contract, the following definitions shall apply:

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 IFB and any Addenda to the IFB, all the Special Terms and Conditions and Standard Terms and Conditions, and all the terms of the Proposal 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 specifically been designated to act as a contact person or persons to the Contractor, and is responsible for monitoring and overseeing the Contractor's performance under this 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.

Offeror: Each individual or entity that submits a submittal in response to this solicitation.

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

Must: The action or condition is required.

Should: Indicates something that is recommended but not mandatory. If the Bidder fails to provide recommended information, the City may, at its sole option, ask the Bidder to provide the information or evaluate the bid without the information.

D.2. 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 Officer may respond by email or may, if they deem it appropriate, address the question in a solicitation Addendum. Offeror may not rely on oral interpretations or clarifications about the solicitation; only questions answered in an email by the Contract Officer or posted as a formal solicitation Addendum will be binding.

D.3. 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.

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D.4. ADDENDUM OF INVITATION FOR BID

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 website and follow the City of Tucson will receive email notifications of solicitation addenda.

D.5. UNDERSTANDING SCOPE OF WORK

Before submitting a response 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 SUBMITTAL

A. Form and Organization. Offeror’s Submittal must be on the forms provided in this solicitation (as applicable). 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. Proposal Contents. Offeror’s submittal must contain a response to all sections of the solicitation and forms must be completed and any requested supporting documentation 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.

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.

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

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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. The City is not tax exempt from sales tax, etc.

D.9. BID/SUBMITTAL FORMAT

A bid should be submitted on the forms and in the format specified in the IFB. Any information that the offeror requested to held as confidential information shall be clearly marked as such. The material should be in sequence and related to the IFB. The sections of the submittal should be organized, clearly identifiable, and should include a minimum of the following sections: the completed Offer and Acceptance Form, all signed Addenda, a copy of this IFB document, and the Offeror’s response to the Evaluation Criteria including the completed Price Page. Failure to include the requested information may have a negative impact on the evaluation of the offeror's proposal.

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 proposal, 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.

If the City, after award notification, receives a public-records request to which a Contractor record marked “CONFIDENTIAL” is responsive, 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

BUSINESS SERVICES DEPARTMENT Page 14 of 37 jurisdiction prohibiting the City from releasing the records, the City may release the records without any liability to Offeror.

D.12. CERTIFICATION OF NONCOLLUSION; CONFLICTS OF INTEREST

By submitting a response, 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 member of the City of Tucson Mayor and Council or any employee of the City involved in this solicitation process has any financial interest in Offeror’s firm.

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

D.13. WHEN AND HOW TO SUBMIT BIDS

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.14. OFFER AND ACCEPTANCE PERIOD

In order to allow for an adequate evaluation, the City requires an offer in response to this solicitation to be valid and irrevocable for ninety (90) days after the proposal due date and time.

D.15. WITHDRAWAL OF SUBMITTAL; BINDING OFFER

By submitting a response to this solicitation, Offeror is offering to enter into the Contract with the City.

Offeror may withdraw a submitted response at any time prior to the Submittal Deadline. Submittals can be withdrawn by clicking "unsubmit proposal" in the online bidding system.

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D.16. DISCUSSIONS/CLARIFICATIONS

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.17. TAX OFFSET POLICY

If applicable, in evaluating price proposals, the City shall include the amount of applicable business privilege tax, except that the amount of the City of Tucson business privilege tax shall not be included in the evaluation.

D.18. 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 http://www.tucsonprocurement.com/ by clicking on Vendors, Registration for Purchase Orders and Registration for Notification of Solicitations. Please note that email notifications of newly published solicitations and addenda will be provided to those vendors that select email as their preferred delivery method in their vendor record.

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

D.19. UPON NOTICE OF INTENT TO AWARD

The apparent successful offeror shall sign and file with the City, within five (5) days after Notice of Intent to Award, all documents necessary to the successful execution of the Contract.

D.20. AWARD OF CONTRACT

A. Unless otherwise provided within the IFB, the City reserves the right to award by individual line item, by group of line items, or as a total, whichever is deemed most advantageous to the City.

The City may make positional awards; if positional awards are made, post award modifications to award position may be considered based upon price increases during the term of the contract.

B. Notwithstanding any other provision of the Invitation for Bid, the City reserves the right to:

1. waive any immaterial defect or informality; or

2. reject any or all bids, or portions thereof; or

3. reissue an Invitation for Bid.

C. A response to the Invitation for Bid is an offer to contract with the City based upon the terms, conditions, and Specifications contained in the City’s Invitation for Bid. Bids do not become Contracts unless and until they are executed by the City’s Director of Business Services and City Attorney. A Contract has its inception in the award, eliminating a formal signing of a mailto:license@tucsonaz.gov

BUSINESS SERVICES DEPARTMENT Page 16 of 37 separate Contract. All of the terms and conditions of the Contract are contained in the Invitation for Bid, unless any of the terms and conditions are modified by an IFB Amendment, a Contract Amendment, or by mutually agreed terms and conditions in the Contract documents.

D.21. BID RESULTS

The name(s) of the successful offeror(s) will be posted on the Procurement Department’s Internet site at https://procurement.opengov.com/portalucson-az/contracts upon issuance of a Notice of Intent to Award or upon final contract execution.

D.22. PROTESTS

A protest shall be in writing and shall be filed with the Business Services Director. A protest of a Request for Proposal shall be received at the Department of Procurement not less than five (5) working days before the Request for Proposal due date. A protest of a proposed award or of an award shall be filed within ten (10) days after issuance of notification of award or issuance of a notice of intent to award, as applicable. A protest shall include:

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

B. The signature of the protestant or its representative;

C. Identification of the Request for Proposal or Contract number;

D. A detailed statement of the legal and factual grounds of protest including copies of relevant documents; and

E. The form of relief requested.

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

BUSINESS SERVICES DEPARTMENT Page 17 of 37

E. PRICING PROPOSAL

PRICE PAGE

Manufacturer and model number bid must be stated in the bid response. Failure to clearly indicate the manufacturer and model number may be cause for rejection of the item(s).

Line Item Description Quantity Unit of Measure

Unit Cost Total

1 Five Passenger Hybrid Sedan, as per specifications

4 EA

2 4-Door Hybrid Mid-Size, Front Wheel Drive, Sport Utility Vehicle, as per specifications

4 EA

3 15,000 lb. GVWR Machinery Body Truck with Platform, as per specifications

1 EA

4 One-Ton Extended Passenger Van, as per specifications

1 EA

5 Gasoline Powered 3/4 Ton Pick-Up Truck, as per specifications

2 EA

TOTAL

BUSINESS SERVICES DEPARTMENT Page 18 of 37

F. SPECIAL TERMS AND CONDITIONS

F.1. ADDITIONAL PURCHASE

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

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

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

F.3. 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.

F.4. CANCELLATION OF LEASE DUE TO INSUFFICIENT FUNDING

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

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

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

F.5. CURRENT PRODUCTS

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

BUSINESS SERVICES DEPARTMENT Page 19 of 37

F.6. DEFECTIVE PRODUCT

All defective products shall be replaced and exchanged by the Contractor. The cost of transportation, unpacking, inspection, re-packing, re-shipping or other like expenses shall be paid by the Contractor.

All replacement products must be received by the City within seven (7) days of initial notification.

F.7. DELIVERY CONSIDERATION

Delivery is an important consideration and will be a factor in the determination of an award. Therefore, delivery time after receipt of an order must be stated in definite terms. Should there be variations in delivery time by item, bids/offers must be clear in regard to those variations.

F.8. EQUALS

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

F.9. ESTIMATED QUANTITIES

The quantities shown are estimates only and the City reserves the right to increase or decrease amounts as circumstances may require.

F.10. FEDERAL TRANSIT ADMINISRATION (FTA) REQUIREMENTS

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

F.11. 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.

F.12. LIVING WAGE REQUIREMENTS

The Contractor shall comply with all applicable provisions of the City’s Living Wage Ordinance (Article XIV of the Tucson Procurement Code). Contractor further agrees, upon request, to affirm in writing that Contractor is in compliance. The City’s Living Wage ordinance can be found at the following link:

https:/ucsonprocurement.com/bidders_livingwage.aspx

BUSINESS SERVICES DEPARTMENT Page 20 of 37

F.13. MULTIPLE AWARDS

To provide adequate Contract coverage, multiple awards may be made.

F.14. TERM AND RENEWAL

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

F.15. WARRANTY

Bidder/Offeror shall warrant that all equipment and parts furnished in their bid/offer are newly manufactured and free from defects in material and workmanship for no less than one (1) year from the date the equipment is delivered or installed. Warranty shall also guarantee accepted trade standards of quality, fitness for the intended uses, and conformance to promises or specified specifications. No other express or implied warranty shall eliminate the vendor’s liability as stated herein.

BUSINESS SERVICES DEPARTMENT Page 21 of 37

G. INSURANCE REQUIREMENTS

G.1. The Contractor agrees to:

A. Obtain insurance coverage of the types and amount required in this section and keep such insurance coverage in force throughout the life of this contract. All policies will contain an endorsement providing that written notice be given to the City at least thirty (30) calendar days prior to termination, cancellation, or reduction in coverage in any policy.

B. 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. Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract. The Contractor agrees that the insurance hereunder will be primary and that any insurance carried by the City will be excess and not contributing.

C. Provide and maintain minimum insurance limits as applicable.

G.2. Required Insurance Policies

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

G.3. Commercial General Liability

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

Each Occurrence: $1,000,000

General Aggregate: $2,000,000

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

Personal and Advertising Injury: $1,000,000

Blanket Contractual Liability: $1,000,000

G.4. 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.

G.5. Worker's Compensation. Policy must have coverage limits no lower than:

Policy must have coverage limits no lower than:

Per Occurrence: Statutory

Employer's Liability: $1,000,000

BUSINESS SERVICES DEPARTMENT Page 22 of 37

Disease Each Employee: $1,000,000

Disease Policy Limit: $1,000,000

[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.

G.6. Claims Made Insurance 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.

G.7. Additional Insurance Requirements

All Policies, excluding Employment Practices Liability and Professional Liability (Errors & Omissions), must include or be endorsed to include the following provisions:

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

B. The insurance afforded the contractor shall be primary insurance and that any insurance carried by the City of Tucson and its agents, officials or employees shall be excess and not contributory.

C. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of this Contract.

G.8. Policy Change Notice

Contractor will give the City 10 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.

G.9. 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.

BUSINESS SERVICES DEPARTMENT Page 23 of 37

G.10. Acceptability of Insurers

Contractors insurance shall have an “A.M. Best” rating of not less than A-VII. The City of Tucson in no way warrants that the required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

G.11. Verification of Coverage

Contractor shall furnish the City of Tucson with certificates of insurance (ACORD form or equivalent approved by the City of Tucson) as required by this Contract. The certificates for each insurance policy are to be signed by an authorized representative.

All certificates and endorsements are to be received and approved by the City of Tucson before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work and remain in effect for the duration of the contract and two (2) years after completion. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal upon the City’s request, is a material breach of contract.

All certificates required by this Contract shall be sent directly to the Procurement Division.

The City of Tucson project/contract number and project description shall be noted on the certificate of insurance. The City of Tucson reserves the right to require complete copies of all insurance policies required by this Contract at any time.

G.12. Subcontractors

Contractors’ certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the City of Tucson separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above.

G.13. Exceptions

In the event the Contractor or sub-contractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self- Insurance.

BUSINESS SERVICES DEPARTMENT Page 24 of 37

H. STANDARD TERMS AND CONDITIONS

H.1. ACCEPTANCE

Mere physical receipt and inspection of goods or services by the City does not alter or affect the obligations of Contractor to provide goods and services that conform to all specifications of this Contract and the City may reject goods or services that are later found to be nonconforming.

H.2. ADVERTISING

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

H.3. AFFIRMATIVE ACTION

Contractor shall abide by the provisions of the Tucson Procurement Code Chapter 28, Article XII.

H.4. AMERICANS WITH DISABILITIES ACT

The Contractor shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101, et seq.) and applicable Federal regulations under the Act.

H.5. APPLICABLE LAW

This Contract shall be governed, and the City and Contractor shall have all remedies afforded to each, by the Tucson Procurement Code and the law of the State of Arizona.