Waste_Oil_Collection_and_Recycling.pdf

CITY OF TUCSON

REQUEST FOR PROPOSAL

250077

WASTE OIL COLLECTION AND RECYCLING

Due Date: Thursday, January 30, 2025

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/135790

PUBLISH DATE: January 9, 2025 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. 250077

BUSINESS SERVICES DEPARTMENT Page 2 of 35 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Olga Culp

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

Attachments:

A - attachment A and Rev Page

B - OFFER AND ACCEPTANCE

BUSINESS SERVICES DEPARTMENT Page 3 of 35

A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR PROPOSAL NO 250077

TITLE: Waste Oil Collection and Recycling

SUBMITTAL DUE DATE: Thursday, January 30, 2025 AT 2:00 P.M. LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE: Wednesday, January 15, 2025

TIME: 11:00 am LOCAL AZ TIME

LOCATION: TEAMS MEETING (Agenda URL)

QUESTIONS SHALL BE DIRECTED TO: Olga Culp

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

Posted Date: Thursday, January 9, 2025

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.

BUSINESS SERVICES DEPARTMENT Page 4 of 35

B. INTRODUCTION

B.1. Summary

The City of Tucson is seeking proposals from qualified offerors for the Collection and Recycling of Waste Oil and Other Miscellaneous Items. The waste oil and filters to be recycled under this contract by the successful offeror shall be collected from City facilities. Collection location information and volume are stated in Attachment A.

In addition to motor oil, the waste oil to be collected by the successful offeror may contain gear oil, hydraulic oil, transmission oil, water, and/or diesel.

All quantities stated are approximate and the City makes no guarantees as to the actual amount of oil to be collected and recycled by the successful offeror. The collection frequencies stated throughout the solicitation are approximate and based on historical use. Due to equipment maintenance schedules and other influences, collection frequencies may vary. Unless an individual department chooses to establish a regular schedule for collection by the Contractor, all collections will take place on an as-needed basis.

B.2. Contact Information

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

EGSD

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

BUSINESS SERVICES DEPARTMENT Page 5 of 35

C. SCOPE OF WORK

C.1. GENERAL REQUIREMENTS

A. The Contractor shall remove materials from the collection sites during the hours specified in Attachment A on an as-needed basis within one (1) business day of receipt of notice of the need for service.

B. The Contractor shall pump oil into the Contractor’s vehicle or containers at the point of collection.

C. The Contractor shall remove and replace any 55 Gallon Drums used for Oil Filters, Gaskets and Absorbent Materials when full and left in the appropriate designated area.

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

E. The contractor shall supply suitable containers with secondary containment.

F. The Contractor shall provide to the Contract Representatives detailed lists of material recyclers to whom materials will be transferred to for review and approval.

1. Lists must include final destinations and material dispositions

2. Lists must be updated by the Contractor when any materials recyclers are added or removed.

a. Updated lists shall be immediately provided to the Contract Representatives.

3. Contractor must receive approval from the City’s Contract Representative of all proposed materials recyclers prior to use.

4. Materials transferred to multiple materials recyclers must specify the type and amount of materials to be received by each materials recycler.

G. The Contractor shall reimburse the City up to $1,500 per year (biannually) no more than once every two (2) years for City staff to conduct facility audits of the Contractor and any storage and disposal facility listed as an approved material recycler.

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

I. The Contractor may perform chlorination testing on materials at the Contractor’s sole expense.

If materials are found to be chlorinated, the Contractor reserves the right to refuse to collect those materials. The Contractor shall not charge the City for chlorination testing.

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

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

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

BUSINESS SERVICES DEPARTMENT Page 6 of 35

C.2. CITY’S RESPONSIBILITIES

A. The City shall provide a collection site and Contract Representative at all facilities.

B. The City shall provide a storage area at the collection site for the collection of materials.

C. The City shall provide appropriate signage at the collection site.

D. The City may conduct periodic audits of the Contractor’s and material recyclers’ facilities for compliance with applicable environmental and OSHA safety regulations and verification that activities are conducted in accordance with the information provided by the Contractor as required in General Requirements above.

E. The City shall de-chlorinate all maintenance facilities.

C.3. CONTRACTOR’S PERSONNEL AND EQUIPMENT

A. Contractor shall designate one specific individual to oversee and inspect work performed by Contractor’s personnel assigned to this contract.

B. 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.

C. 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 non-supervisory.

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

E. Containers must be labeled with their contents, the contractor's name and contact information.

1. ***UNLABELED CONTAINERS SHALL NOT BE PERMITTED ON SITE***

F. The contractor shall supply suitable containers and shall adhere to the following specifications:

1. 110% secondary containment

2. Good condition

3. Free of large dents

4. Free of rust

5. Open and close freely without binding

6. Standard color, not to clash with surroundings

7. Maintained for cleanliness and appearance

C.4. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS

A. 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.

BUSINESS SERVICES DEPARTMENT Page 7 of 35

B. The Contractor shall certify that the ultimate disposition of all materials shall be in accordance with all applicable laws, regulations, ordinances, codes and any other legislative or statutory requirements.

C. 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.

D. The Contractor shall comply with 40 CFR Part 279, Standards for the Management of Used Oil and all applicable Department of Transportation Standards, 49 CFR.

C.5. ENVIRONMENTAL MANAGEMENT BASICS

A. A copy of the material Safety Data Sheet (SDS) for each substance proposed to be used or removed on City properties (to include but not limited to sealers, adhesives, paints, coatings, fuels, solvents, oils, acids and caustics) shall be submitted to Community Transit prior to bringing the chemicals on site, for evaluation by the City’s Risk Management Department.

Contractors will not transport chemicals onto site without having obtained approval for the chemical. Community Transit reserves the right to refuse any chemicals deemed inappropriate for use on its properties.

B. Contractors will provide adequate control of fugitive dust emissions during all operations and activities.

C. Contractors will immediately notify the Contract Representative of any reportable spills, releases or other environmental incidents.

D. Contractors will be sensitive to the effects of noise, odor, light and traffic movement on Community Transit and the local community.

E. Contractor shall provide necessary training to all affected employees on the proper handling of materials and equipment, and the proper response to incidents involving these materials. The training shall be documented and records available for the City upon request.

F. The Contractor shall implement procedures to protect the work sites against the spillage of oil, fuels or any other hazardous materials and chemicals. In the event spillage occurs, corrective actions shall be made in an expeditious and environmentally sensitive manner and perform any remedial measures mandated by any of the Governmental Agencies that regulated the facility as well as by the City of Tucson Environmental Compliance policies.

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

H. The contractor will ensure that chemical containers are closed except when in use.

I. Contractors will maintain spill kits to contain and clean up small spills generated by their employees or from their materials. Spill kits will be kept on site and will be easily accessible during an emergency.

J. All deliveries of products or chemicals to Community Transit properties must be made in vehicles approved and licensed, if applicable, for the product or chemical being delivered.

BUSINESS SERVICES DEPARTMENT Page 8 of 35

C.6. INCIDENT REPORTING

A. The Contractor shall maintain written records of all incidents including accidents, release of contaminates to the air or soil and other incidents at City facilities. Records shall be retained throughout the life of this Contract. Records shall include situation resolution.

B. The Contractor shall provide written reports of incidents including resolution to the Contract Representative and the Tucson Fire Department (TFD) designated representative no later than one (1) business day following the event.

1. Contractor shall verbally report an incident to the Contract Representative as soon as possible following the event.

2. The Contractor shall be responsible for providing appropriate reports to the appropriate environmental regulating agencies.

C. 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:

1. Result in a customer service or public relations issue

2. Involve any media, legal or regulatory agencies

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

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

D. Approved outside storage areas for chemical materials must be equipped with non-earthen secondary containment equal to 150% of the capacity of the largest container by the contractor, and protected from rainwater.

1. There will be no outside storage of any materials without the consent of the Risk Management Department.

C.7. PROHIBITED ACTIVITIES

A. The Contractor or subcontractors shall be prohibited from:

1. Landfill disposal of recyclable materials;

2. Marketing recyclable materials that will be landfilled;

3. Knowingly providing recyclable materials to vendors who will export them.

B. The Contractor shall not employ deep well injection of materials received under this contract.

C. Processing activities shall not take place outside the borders of the United States.

D. Unprocessed materials shall not be exported outside of the borders of the United States for any purpose.

C.8. REVENUE REPORTING

A. Invoices, billing documents and collection receipts shall at a minimum include the following:

1. Name and address of vendor

BUSINESS SERVICES DEPARTMENT Page 9 of 35

2. Name and address of receiving department and, if applicable, the department’s customer number

3. Contract Number

4. Date of service

5. Description of services provided, including:

a. Facility or address of pick up

b. Number of containers picked up, and/or gallons

c. Types of Materials collected

d. Unit Price and Extended (total) Unit Price (if applicable)

B. The process of Waste Oil Collection shall be witnessed by a City employee when possible.

C. The Contractor shall submit payment no later than 30 days from the date of each collection receipt.

1. Payment must be sent to each individual City of Tucson Department along or accompanied by any supporting documentation.

2. Reports and/or supporting documentation provided along with payments due shall include (at a minimum):

a. Unit price documentation in the form of a copy of the Department of Energy (DOE) for the day or month of collection.

D. 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.

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

F. All payments (checks) must reference the collection receipt.

BUSINESS SERVICES DEPARTMENT Page 10 of 35

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

BUSINESS SERVICES DEPARTMENT Page 11 of 35

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

BUSINESS SERVICES DEPARTMENT Page 12 of 35

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.

BUSINESS SERVICES DEPARTMENT Page 13 of 35

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.

BUSINESS SERVICES DEPARTMENT Page 14 of 35

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

BUSINESS SERVICES DEPARTMENT Page 15 of 35

E. OFFER EVALUATION AND CONTRACT AWARD

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

A. Method of Approach

B. Qualifications and Experience

C. Revenue Share Proposal

E.2. INTERVIEWS

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

E.3. ADDITIONAL INVESTIGATIONS

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

E.4. OTHER INFORMATION

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

E.5. PRICE

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

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

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

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

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

A. Waive any immaterial defect or informality; or

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

C. Reissue the solicitation.

BUSINESS SERVICES DEPARTMENT Page 16 of 35

E.7. CONTRACT NEGOTIATIONS

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

E.8. AWARD OF CONTRACT

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

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

E.9. MULTIPLE AWARDS

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

E.10. SOLICITATION RESULTS

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

E.11. PROTESTS

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

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

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

B. The signature of the protestant or its representative;

C. The solicitation or Contract number;

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

E. The form of relief requested.

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

BUSINESS SERVICES DEPARTMENT Page 17 of 35

F. EVALUATION PHASES

No. Evaluation Criteria Scoring Method Weight (Points)

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

B. Provide a copy of the proposed Incident Report Form.

C. 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.

N/A N/A

BUSINESS SERVICES DEPARTMENT Page 18 of 35

2. Qualifications & Experience

A. Describe the firm’s relevant experience and qualifications.

B. How long has the firm been in business?

C. 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)

D. 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)

E. Please identify all key personnel for the 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

BUSINESS SERVICES DEPARTMENT Page 19 of 35

6. Certifications (as appropriate)

F. 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.

G. 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.

H. Offerors shall be fully licensed, permitted and insured waste haulers.

1. Provide copies of the following:

a. Valid license

b. Valid permits

c. Insurance

H.

3. Revenue Share Proposal Provide a revenue share proposal as requested on the Revenue Share Proposal Page attached herein.

BUSINESS SERVICES DEPARTMENT Page 20 of 35

G. SPECIAL TERMS AND CONDITIONS

G.1. COOPERATIVE PURCHASING

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

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

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

G.2. REVENUE ADJUSTMENT

The City will review fully documented requests for revenue adjustment after any Contract has been in effect for one (1) year. Any revenue adjustment will only be made at the time of Contract renewal and/or extension and will be a factor in the extension review process. The City will determine whether the requested adjustment or an alternate option, is in the best interest of the City. Any adjustment will be effective upon the effective date of the Contract extension.

G.3. TERM AND RENEWAL

The term of the Contract will commence when awarded to Contractor and remain in effect for a period of one (1) year, unless terminated, canceled or extended as otherwise provided herein. The City may, at its sole option, extend the Contract's term for up to four (4) additional one-year periods or portions thereof.

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

BUSINESS SERVICES DEPARTMENT Page 21 of 35

H. INSURANCE REQUIREMENTS

H.1. Required Insurance Policies

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

H.2. Commercial General Liability

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

A. Each Occurrence: $1,000,000

B. General Aggregate: $2,000,000

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

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

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

H.3. Commercial Automobile Liability

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

H.4. Worker's Compensation

Policy must have coverage limits no lower than:

A. Per Occurrence: Statutory

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

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

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

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

BUSINESS SERVICES DEPARTMENT Page 22 of 35

H.5. Professional Liability (Errors & Omissions)

Policy must have coverage limits no lower than:

A. Each Claim: $1,000,000

B. Annual Aggregate: $2,000,000

H.6. Garage Liability & Garage Keepers Liability

Garage Liability: $1,000,000

Garage Keeper's Liability - Direct Primary Coverage

A. Each Auto: $500,000

B. Each Occurrence: $1,000,000

H.7. Garage Keepers Legal Liability

$1,000,000

H.8. Policy Change Notice

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

H.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. The coverage must be primary and any insurance carried by City is excess and not contributing.

H.10. Claims-Made Coverage

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

H.11. Additional Requirements

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

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

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

BUSINESS SERVICES DEPARTMENT Page 23 of 35

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

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

H.12. Verification of Coverage

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

B. Contractor must deliver the certificates directly to the Procurement Division of the City’s Business Services Department before the Contractor commences work under this Contract.

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

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

H.13. Subcontractors

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

H.14. Public Entities

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

H.15. Sufficiency of Coverage

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

BUSINESS SERVICES DEPARTMENT Page 24 of 35

I. STANDARD TERMS AND CONDITIONS

I.1. ADVERTISING

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

I.2. COMPLIANCE WITH LAWS

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

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

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

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

I.3. GOVERNING LAW AND VENUE

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

I.4. ARBITRATION

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

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

I.5. ASSIGNMENT

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

I.6. SUBCONTRACTS

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

BUSINESS SERVICES DEPARTMENT Page 25 of 35 conditions of this Contract. Contractor is responsible for contract compliance and quality of work of any subcontractors used.

I.7. PROTECTION OF CITY PROPERTY

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

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

I.8. COMMENCEMENT OF WORK

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

I.9. CONFIDENTIALITY OF RECORDS

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

I.10. CONTRACT ADDENDA; ADDITIONAL WORK

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

I.11. ENTIRE CONTRACT; INTERPRETATION

This Contract, which includes all the conditions and requirements set forth in the Solicitation and all addenda to the Solicitation, all the Special Terms and Conditions and Standard Terms and Conditions, and all the terms of the Offer submitted by Contractor as finally negotiated and accepted by the City, BUSINESS SERVICES DEPARTMENT Page 26 of 35 constitutes the entire agreement of the parties regarding the services described in the Scope of Work and will prevail over any and all previous agreements, contracts, proposals, negotiations, purchase orders, or master agreements in any form.

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

I.12. SEVERABILITY

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

I.13. DUPLEXED/RECYCLED PAPER

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

I.14. NON-DISCRIMINATION

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

I.15. DELIVERABLES PROPERTY OF CITY; NO LIENS

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

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

I.16. FEDERAL IMMIGRATION LAWS…