130654 - City of Tucson Department of Procurement
Contents
1. until the date and time cited Proposals must be in the actual possession of the Department of Procurement at the location indicated on or prior to the exact date and time indicated above Late proposals shall not be considered The prevailing clock shall be the City Department of Procurement clock Proposals must be submitted in a sealed envelope The Request for Proposal number and the offeror s name and address should be clearly indicated on the outside of the envelope All proposals must be completed in ink or typewritten Questions must be addressed to the Contract Officer listed above ALERT Effective April 9 2012 the Tucson Modern Streetcar project will begin the downtown streetcar construction and westbound Congress Street will be closed from Toole Avenue to Church Street until further notice Please plan your route accordingly For further information please visit the Tucson Modern Streetcar website at http www tucsonstreetcar com or call 520 624 5656 KP sd PUBLISH DATE OCTOBER 24 2012 CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO 130654 255 W ALAMEDA 6TH FLOOR TUCSON AZ 85701 PAGE 2 OF 18 CONTRACT OFFICER KYLE PASEWARK PH 520 837 4103 FAX 520 791 4735 INTRODUCTION The City is seeking to lease one Catalytic Oxidizer to be delivered to Tucson Fire Station 10 801 E Ajo Way Tucson AZ 85714 The City is seeking a one year lease with four options to extend the lease by an additio2. a separate cd disc or zip disc The original copy of the proposal should be clearly labeled Original and shall be single sided three hole punched and ina binder The material should be in sequence and related to the RFP The sections of the submittal should be tabbed clearly identifiable and should include a minimum of the following sections the completed Offer and Acceptance Form all signed Amendments a copy of this RFP 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 EXCEPTIONS TO CONTRACT PROVISIONS A response to any Request for Proposal is an offer to contract with the City based upon the contract provisions contained in the City s Request for Proposal including but not limited to the specifications scope of work and any terms and conditions Offerors who wish to propose modifications to the contract provisions must clearly identify the proposed deviations and any proposed substitute language The provisions of the Request for Proposal cannot be modified without the express written approval of the Director or his designee If a proposal or offer is returned with modifications to the contract provisions that are not expressly approved in writing by the Director or his designee the contract provisions contained in the City s Request for Proposal shall prevail PUBLIC RECOR
3. and no usage of the trade shall be relevant to supplement or explain any term used in the Contract Acceptance or consent in the course of performance under this Contract shall not be relevant to determine the meaning of this Contract even though the accepting or consenting party has knowledge of the nature of the performance and the opportunity to object LICENSES Contractor shall maintain in current status all Federal State and local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this Contract LIENS All materials services and other deliverables supplied to the City under this Contract shall be free of all liens other than the security interest Security interest shall extinguish upon full payment made by the City Upon the City s request the Contractor shall provide a formal release of all liens NO REPLACEMENT OF DEFECTIVE TENDER Every tender of materials must fully comply with all provisions of this Contract If a tender is made which does not fully comply this shall conform to the termination clause set forth within this document NON EXCLUSIVE CONTRACT Any contract resulting from this solicitation shall be awarded with the understanding and agreement that it is for the sole convenience of the City of Tucson The City reserves the right to obtain like goods or services from another source when necessary OVERCHARGES BY ANTITRUST VIOLATIONS The City maintains that in act
4. fails to furnish the required service and or product within the time stipulated in the Contract In the opinion of the City the Contractor fails to make progress in the performance of the requirements of the Contract The Contractor gives the City a positive indication that the Contractor will not or cannot perform to the requirements of the Contract Each payment obligation of the City created by this Contract is conditioned upon the availability of City State and Federal funds that are appropriated or allocated for the payment of such an obligation If funds are not allocated by the City and available for the continued purchase of the services and or materials provided under this Contract this Contract may be terminated by the City at the end of the period for which funds are available The City will endeavor to notify the Contractor in the event that continued service will or may be affected by non appropriation No penalty shall accrue to the City in the event this provision is exercised and the City shall not be obligated or liable for any future payments due or for any damages as a result of termination under this paragraph TITLE AND RISK OF LOSS The title and risk of loss of material or service shall not pass to the City until the City actually receives the material or service at the point of delivery unless otherwise provided within this Contract WARRANTIES Contractor warrants that all material or service delivered under this Contract sh
5. future employment gift loan gratuity special discount trip favor meal or service to a public servant in connection with the submitted offer D The Offeror hereby certifies that the individual signing the submittal is an authorized agent for the Offeror and has the authority to bind the Offeror to the Contract CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO 130654 255 W ALAMEDA 6TH FLOOR TUCSON AZ 85701 PAGE 6 OF 18 14 15 16 17 18 19 20 21 22 22 23 CONTRACT OFFICER KYLE PASEWARK PH 520 837 4103 FAX 520 791 4735 WHERE TO SUBMIT PROPOSALS In order to be considered the Offeror must complete and submit its proposal to the City of Tucson Department of Procurement at the location indicated prior to or at the exact date and time indicated on the Notice of Request for Proposal page The Offeror s proposal shall be submitted in a sealed envelope The words SEALED PROPOSAL with the REQUEST FOR PROPOSAL TITLE REQUEST FOR PROPOSAL NUMBER PROPOSAL DUE DATE AND TIME and OFFEROR S NAME AND ADDRESS shall be written on the envelope LATE PROPOSALS Late proposals will be rejected 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 WITHDRAWAL OF PROPOSAL At any time prior to the specified solicitat
6. of the requirements of the City Any bid offer which proposes like quality design or performance will be considered Key Personnel It is essential that the Contractor provide adequate experienced personnel capable of and devoted to the successful accomplishment of work to be performed under this Contract The Contractor must agree to assign specific individuals to the key positions The Contractor agrees that once assigned to work under this Contract key personnel shall not be removed or replaced without written notice to and subsequent concurrence by the City If key personnel are not available for work under this Contract for a continuous period exceeding thirty calendar days or are expected to devote substantially less effort to the work than initially anticipated the Contractor shall immediately notify the City and shall subject to the concurrence of the City replace such personnel with personnel of substantially equal ability and qualifications CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO 130654 255 W ALAMEDA 6TH FLOOR TUCSON AZ 85701 PAGE 4 OF 18 CONTRACT OFFICER KYLE PASEWARK PH 520 837 4103 FAX 520 791 4735 INSTRUCTIONS TO OFFERORS 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 executed between the City and the Contractor Cons
7. party may demand that the other party give a written assurance of this intent to perform In the event that a demand is made and no written assurance is given within five 5 days the demanding party may treat this failure as the other party s intent not to perform and as a cause for possible Contract termination RIGHT TO INSPECT The City may at reasonable times and at the City s expense inspect the place of business of a Contractor or subcontractor which is related to the performance of any Contract as awarded or to be awarded RIGHTS AND REMEDIES No provision in this document or in the Contractor s proposal shall be construed expressly or by implication as a waiver by either party of any existing or future right and or remedy available by law in the event of any claim default or breach of contract The failure of either party to insist upon the strict performance of any term or condition of the Contract to exercise or delay the exercise of any right or remedy provided in the Contract or by law or to accept materials or services required by this Contract or by law shall not be deemed a waiver of any right of either party to insist upon the strict performance of the Contract SEVERABILITY The provisions of this Contract are severable to the extent that any provision or application held to be invalid shall not affect any other provision or application of the Contract which may remain in effect without the valid provision or application SH
8. supplemental verbal or written agreements B Grant time extensions or contract renewals C Otherwise modify the scope or terms and provisions of the contract This Contract shall only be modified with the approval of the Department of Procurement Except in the case of a documented emergency approval must be granted prior to performance Any contract modification not explicitly approved by the Procurement Department through a written contract amendment or change order is performed at the sole risk of the Contractor and may not be eligible for payment by the City CONTRACT The Contract shall be based upon the Request for Proposal issued by the City and the Offer submitted by the Contractor in response to the Request for Proposal The offer shall substantially conform to the terms conditions specifications and other requirements set forth within the text of the Request for Proposal The City reserves the right to clarify any contractual terms with the concurrence of the Contractor however any substantial non conformity in the offer as determined by the City s Director of Procurement shall be deemed non responsive and the offer rejected The Contract shall contain the entire agreement between the City of Tucson and the Contractor relating to this requirement and shall CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO 130654 255 W ALAMEDA 6TH FLOOR TUCSON AZ 85701 PAGE 13 OF 18 13 14 15 16 17 18 19
9. to the proposal due date Any correspondence related to a solicitation should refer to the appropriate Request for Proposal number page and paragraph number An envelope containing questions should be identified as such otherwise it may not be opened until after the official proposal due date and time Oral interpretations or clarifications will be without legal effect Only questions answered by a formal written amendment to the Request for Proposal will be binding 4 AMENDMENT OF REQUEST FOR PROPOSAL The Offeror shall acknowledge receipt of a Request for Proposal Amendment by signing and returning the document by the specified due date and time 5 FAMILIARIZATION OF SCOPE OF WORK Before submitting a proposal each offeror shall familiarize itself with the Scope of Work laws regulations and other factors affecting contract performance The Offeror shall be responsible for fully understanding the requirements of the subsequent Contract and otherwise satisfy itself as to the expense and difficulties accompanying the fulfillment of contract requirements The submission of a proposal will constitute a representation of compliance by the Offeror There will be no subsequent financial adjustment other than that provided by the subsequent Contract for lack of such familiarization 6 PREPARATION OF PROPOSAL A All proposals shall be on the forms provided in this Request for Proposal package It is permissible to copy these forms as required Facsimi
10. 0 791 4735 3 METHOD OF APPROACH TECHNICAL SUPPORT A For each requirement listed under Scope of Work Offeror shall indicate Comply or Does not Comply Offeror understands that the response provided will be interpreted as follows a Comply means that Offeror can fully meet the requirement b Does Not Comply means that Offeror does not comply with the requirement If Offerors indicate Comply indicate how you will meet or exceed the requirements of the Scope of Work If Offerors indicate Does not Comply offer a proposed way to satisfy the intent of the particular requirement and state how the end objective will be met B Describe in details all features that come standard with the equipment that are not delineated in the requirements C Offeror shall describe support services to include response time for on site repair availability of telephone technical support major system component replacement time limitations on supplier maintenance and support etc D Offeror shall provide a list of sub contracts and suppliers proposed to be used under this contract as well as a list of parts or systems on the proposed equipment that will be constructed or supplied by sub contractors E Offeror shall provide proposed lease agreements subject to negotiation by the City Any charges related to the processing of lease agreement i e documentation fees processing fees etc must be clearly identified 4 PRICIN
11. 20 CONTRACT OFFICER KYLE PASEWARK PH 520 837 4103 FAX 520 791 4735 prevail over any and all previous agreements contracts proposals negotiations purchase orders or master agreements in any form DEFAULT IN ONE INSTALLMENT TO CONSTITUTE TOTAL BREACH Contractor shall deliver conforming materials in each installment or lot of this Contract and may not substitute nonconforming materials Delivery of nonconforming materials or default of any nature may constitute breach of the Contract Noncompliance may be deemed a cause for possible Contract termination DUPLEXED RECYCLED PAPER In accordance with efficient resource procurement and utilization policies adopted by the City of Tucson the Contractor shall ensure that whenever practicable all printed materials produced by the Contractor in the performance of this Contract are duplexed two sided copies printed on recycled paper and labeled as such EXCLUSIVE POSSESSION All services information computer program elements reports and other deliverables created under this Contract are the sole property of the City of Tucson and shall not be used or released by the Contractor or any other person except with prior written permission by the City FEDERAL IMMIGRATION LAWS AND REGULATIONS Contractor warrants that it complies with all Federal Immigration laws and regulations that relate to its employees and complies with A R S 23 214 A and that it requires the same compliance of al
12. 3 FAX 520 791 4735 The name address and telephone number of the protestant The signature of the protestant or its representative Identification of the Request for Proposal or Contract number A detailed statement of the legal and factual grounds of protest including copies of relevant documents and The form of relief requested moop CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO 130654 255 W ALAMEDA 6TH FLOOR TUCSON AZ 85701 PAGE 8 OF 18 CONTRACT OFFICER KYLE PASEWARK PH 520 837 4103 FAX 520 791 4735 PROPOSAL EVALUATION REQUIREMENTS PROPOSAL EVALUATION CRITERIA listed in relative order of importance 1 2 3 4 Qualifications amp Experience Delivery Time Method of Approach Technical Support Price REQUIREMENTS SPECIFIC TO EVALUATION CRITERIA The narrative portion and the materials presented in response to this Request for Proposal should be submitted in the same order as requested and must contain at a minimum the following 1 QUALIFICATIONS AND EXPERIENCE A Provide a general overview of your company including statement of finances number of years in business corporate headquarters location type of business and where you do business Include an annual report if available B State your principal place of business and the location from which your staff will be traveling to Tucson C Provide a minimum of three 3 references for customers to whom you ha
13. CITY OF TUCSON REQUEST FOR PROPOSAL REQUEST FOR PROPOSAL NUMBER 130654 PROPOSAL DUE DATE NOVEMBER 14 2012 AT 4 00 P M LOCAL AZ TIME PROPOSAL SUBMITTAL LOCATION DEPARTMENT OF PROCUREMENT 255 W ALAMEDA 6 FLOOR TUCSON AZ 85701 MATERIAL OR SERVICE LEASE OF A THERMAL CATALYTIC OXIDIZER PRE PROPOSAL CONFERENCE DATE NOVEMBER 6 2012 TIME 9 00 A M LOCAL AZ TIME LOCATION CITY HALL PROCUREMENT CONFERENCE ROOM 255 W ALAMEDA 6 FLOOR TUCSON AZ 85701 CONTRACT OFFICER KYLE PASEWARK TELEPHONE NUMBER 520 837 4103 Kyle Pasewark tucsonaz gov A copy of this solicitation and possible future amendments may be obtained from our Internet site at http www tucsonprocurement com by selecting the Bid Opportunities link and the associated solicitation number The City does not mail out Notices of available solicitations via the U S Postal Service Email notifications are sent to those interested offerors who are registered with us and who have selected email as their preferred delivery method To register please visit www tucsonprocurement com click on Vendors then click on Vendor Registration To update an existing record click on Vendors click on What s New and read the section titled Notice of Solicitations You may also call 520 791 4217 if you have questions Competitive sealed proposals for the specified material or service shall be received by the Department of Procurement 255 W Alameda 6th Floor Tucson Arizona 85701
14. D All proposals submitted in response to this Request for Proposal shall become the property of the City and shall become a matter of public record available for review subsequent to the award notification CONFIDENTIAL INFORMATION The City of Tucson is obligated to abide by all public information laws If an Offeror believes that any portion of a proposal offer specification protest or correspondence contains information that should be withheld a statement advising the Contract Officer of this fact should accompany the submission and the information shall be so identified wherever it appears The City shall review all requests for confidentiality and may provide a written determination to designate specified documents confidential or the request may be denied Price is not confidential and will not be withheld If the confidential request is denied such information shall be disclosed as public information unless the offeror submits a formal written objection CERTIFICATION By signature on the Offer and Acceptance page solicitation Amendment s or cover letter accompanying the submittal documents Offeror certifies A The submission of the offer did not involve collusion or other anti competitive practices B The Offeror shall not discriminate against any employee or applicant for employment in violation of Federal or State law C The Offeror has not given offered to give nor intends to give at any time hereafter any economic opportunity
15. G A Provide price proposal as requested on the Price Page attached herein including pricing for the four optional one year extensions B The City s preferred method of payment is via credit card The City will issue a Purchase Order and in some cases either provide a credit card for payment at the time of ordering or pay subsequent invoices by credit card upon receipt of goods or services in good order However not all City employees will possess a credit card and therefore the City reserves the right to make payment by check as it deems necessary 1 Provide price proposal as requested on the Price Page attached herein 2 As stated in the Instructions to Offerors 7 Discounts the price s herein can be discounted by if payment is made within days These payment terms shall apply to all purchases and to all payment methods 3 Will payment be accepted via commercial credit card Yes No a If yes can commercial payment s be made online Yes No b Will a third party be processing the commercial credit card payment s Yes No CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO 130654 255 W ALAMEDA 6TH FLOOR TUCSON AZ 85701 PAGE 10 OF 18 CONTRACT OFFICER KYLE PASEWARK PH 520 837 4103 FAX 520 791 4735 c If yes indicate the flat fee per transaction as allowable per Section 5 2 E of Visa Operating Regulations d If no to above will consideration be given to accept the c
16. IPMENT UNDER RESERVATION PROHIBITED No tender of a bill of lading shall operate as a tender of the materials Non compliance shall conform to the termination clause set forth within this document SUBCONTRACTS No subcontract shall be entered into by the Contractor with any other party to furnish any of the material service specified herein without the advance written approval of the City s Director of Procurement All subcontracts shall comply with Federal and State laws and regulations which are applicable to the services covered by the subcontract and shall include all the terms and conditions set forth herein which shall apply with equal force to the subcontract as if the subcontractor were the Contractor referred to herein The Contractor is responsible for contract performance whether or not subcontractors are used SUBSEQUENT EMPLOYMENT The City may terminate this Contract without penalty or further obligation pursuant to A R S Section 38 511 if any person significantly involved in initiating negotiating securing drafting or creating the Contract on behalf of the City is or becomes at any time while the Contract or any extension of the Contract is in effect an employee of or a contractor to any other party to this Contract with respect to the subject matter of the Contract Termination shall be effective when written notice from the City s Director of Procurement is received by the parties to this Contract unless the notice specifies a l
17. PH 520 837 4103 FAX 520 791 4735 INDEPENDENT CONTRACTOR It is understood that each party shall act in its individual capacity and not as an agent employee partner joint venturer or associate of the other An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other party for any purpose The Contractor shall not be entitled to compensation in the form of salaries paid vacation or sick days by the City The City of Tucson will not provide any insurance coverage to the Contractor including Worker s Compensation coverage The Contractor is advised that taxes social security payments and other withholdings shall not be withheld from a City payment issued under this Contract and that Contractor should make arrangements to directly pay such expenses INSPECTION AND ACCEPTANCE All material or service is subject to final inspection and acceptance by the City Material or service failing to conform to the specifications of this Contract shall be held at the Contractor s risk and may be returned to the Contractor If returned all costs are the responsibility of the Contractor Noncompliance may be deemed a cause for possible Contract termination INTERPRETATION PAROLE EVIDENCE This Contract is intended by the parties to be a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of this agreement No course of prior dealings between the parties
18. al which is incorporated by reference as if fully set forth herein For clarification of this offer contact Name Company Name Title Address n o uouo Phone City State Zip Fax Signature of Person Authorized to Sign E mail Printed Name Title ACCEPTANCE OF OFFER The Offer is hereby accepted The Contractor is now bound to sell the materials or services specified in the Contract This Contract shall be referred to as Contract No CITY OF TUCSON a municipal corporation Approved as to form this day of 2012 Awarded this day of 2012 As Tucson City Attorney and not personally Marcheta Gillespie CPPO C P M CPPB CPM Interim Director of Procurement
19. all conform to the specifications of this Contract Mere receipt of shipment of the material or service specified and any inspection incidental thereto by the City shall not alter or affect the obligations of the Contractor or the rights of the City under the foregoing warranties Additional warranty requirements may be set forth in this document CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO 130654 255 W ALAMEDA 6TH FLOOR TUCSON AZ 85701 PAGE 17 OF 18 CONTRACT OFFICER KYLE PASEWARK PH 520 837 4103 FAX 520 791 4735 PRICE PAGE Fee must be inclusive of all costs including but not limited to direct and indirect costs for labor overhead materials printing travel and mileage postage delivery etc ITEM MONTHLY YEARLY NO DESCRIPTION LEASE FEE LEASE FEE 1 Catalytic Oxidizer Per Scope of Work First Year Lease 2 Optional second year 3 Optional third year 4 Optional fourth year 5 Optional fifth year GRAND TOTAL FOR YEARS 1 5 CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO 130654 255 W ALAMEDA 6TH FLOOR TUCSON AZ 85701 PAGE 18 OF 18 CONTRACT OFFICER KYLE PASEWARK PH 520 837 4103 FAX 520 791 4735 OFFER AND ACCEPTANCE OFFER TO THE CITY OF TUCSON The Undersigned hereby offers and shall furnish the material or service in compliance with all terms scope of work conditions specifications and amendments in the Request for Propos
20. ard Yes No 4 Does your firm have a City of Tucson Business License Yes No If yes please provide a copy of your City of Tucson Business license C Please state your payment terms D Describe any additional discounts that are available under this contract i e price breaks for hour usage and or savings for additional year usage Submit all information that will aid the City in evaluating your proposal GENERAL A Shortlist The City reserves the right to shortlist the offerors However the City may determine that shortlisting is not necessary Interviews Demonstrations The City reserves the right to conduct interviews demonstrations with some or all of the offerors at any point during the evaluation process However the City may determine that interviews demonstrations are not necessary In the event interviews demonstrations are conducted information provided during the interview demonstration process shall be taken into consideration when evaluating the stated criteria The City shall not reimburse the offeror for the costs associated with the interview demonstration process Additional Investigations The City reserves the right to make such additional investigations as it deems necessary to establish the competence and financial stability of any offeror submitting a proposal Prior Experience Experiences with the City and entities that evaluation committee members represent may be taken into consideration when evalu
21. ater time TERMINATION OF CONTRACT This Contract may be terminated at any time by mutual written consent or by the City with or without cause upon giving thirty 30 days written notice The City at its convenience by written notice may terminate this Contract in whole or in part If this Contract is terminated the City shall be liable only for payment under the payment provisions of this Contract for services rendered and accepted material received by the City before the effective date of termination The City reserves the right to terminate the whole or any part of this Contract due to the failure of the Contractor to carry out any term or condition of the Contract The City will issue a written ten 10 day notice of default to the Contractor for acting or failing to act as specified in any of the following In the opinion of the City the Contractor provides personnel that do not meet the requirements of the Contract In the opinion of the City the Contractor fails to perform adequately the stipulations conditions or services specifications required in this Contract CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO 130654 255 W ALAMEDA 6TH FLOOR TUCSON AZ 85701 PAGE 16 OF 18 41 42 CONTRACT OFFICER KYLE PASEWARK PH 520 837 4103 FAX 520 791 4735 In the opinion of the City the Contractor attempts to impose personnel materials products or workmanship of an unacceptable quality The Contractor
22. ating qualifications and experience Multiple Awards To provide adequate contract coverage at the City s sole discretion multiple awards may be made CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO 130654 255 W ALAMEDA 6TH FLOOR TUCSON AZ 85701 PAGE 11 OF 18 CONTRACT OFFICER KYLE PASEWARK PH 520 837 4103 FAX 520 791 4735 SPECIAL TERMS AND CONDITIONS 1 INSURANCE The City requires a complete and valid Certificate of Insurance prior to the commencement of any service or activity specified in this solicitation The City will notify the successful contractor of the intent to issue a contract award The successful contractor must at that time submit an original copy of the Certificate of Insurance for public liability insurance of 1 000 000 combined single limit for bodily injuries and 100 000 for property damage CERTIFICATE SHALL SHOW THE CITY OF TUCSON AS AN ADDITIONAL INSURED The coverages shall be maintained in full force and effect during the term of the contract and shall not serve to limit any liabilities or any other contractor obligations 2 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 vi
23. cable Federal regulations under the Act 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 State law claims shall be brought only in Pima County Superior Court ASSIGNMENT DELEGATION No right or interest in this Contract shall be assigned by the Contractor without prior written permission of the City and no delegation of any duty of the Contractor shall be made without prior written permission of the City s Director of Procurement The City shall not unreasonably withhold approval and shall notify the Contractor of the City s position by written notice CERTIFICATION OF COMPLIANCE WITH A R S SEC 35 393 ET SEQ By signing this contract the Contractor certifies that it does not have scrutinized business operations in lran as required by A R S sec 35 393 et seq If the City determines that the Contractor has submitted a false certification the City may impose remedies as provided in the Tucson Procurement Code up to and including termination of this contract CHILD SWEAT FREE LABOR POLICY The Contractor shall comply with all applicable provisions of the United States Federal and State Child Labor and Worker s Right laws and agrees if called upon to affirm in writing that they and any subcontractor involved in the provision of goods to the City are in compliance CLEAN UP The Contractor shall at all times k
24. date and time of a Pre Proposal conference is indicated on the cover page of this document Attendance at this conference is not mandatory Written minutes and or notes will not be available therefore attendance is encouraged If an Offeror is unable to attend the Pre Proposal Conference questions may be submitted in writing Offerors are encouraged to submit written questions via electronic mail or facsimile at least five days prior to the Request for Proposal due date to the Contract Officer listed above The purpose of this conference will be to clarify the contents of this Request for Proposal in order to prevent any misunderstanding of the City s position Any doubt as to the requirements of this Request for Proposal or any apparent omission or discrepancy should be presented to the City at this conference The City will then determine the appropriate action necessary if any and may issue a written amendment to the Request for Proposal Oral statements or instructions will not constitute an amendment to this Request for Proposal 3 INQUIRIES Any question related to the Request for Proposal shall be directed to the Contract Officer whose name appears above An offeror shall not contact or ask questions of the department for whom the requirement is being procured The Contract Officer may require any and all questions be submitted in writing Offerors are encouraged to submit written questions via electronic mail or facsimile at least five days prior
25. ed upon the terms conditions and Scope of Work contained in the City s Request for Proposal Proposals do not become contracts unless and until they are executed by the City s Director of Procurement and the City Attorney A contract has its inception in the award eliminating a formal signing of a separate contract All of the terms and conditions of the contract are contained in the Request for Proposal unless any of the terms and conditions are modified by a Request for Proposal amendment a Contract Amendment or by mutually agreed terms and conditions in the Contract documents PROPOSAL RESULTS The name s of the successful offeror s will be posted on the Procurement Department s Internet site at http www tucsonprocurement com upon issuance of a Notice of Intent to Award or upon final contract execution 24 PROTESTS A protest shall be in writing and shall be filed with the Director of Procurement 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 CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO 130654 255 W ALAMEDA 6TH FLOOR TUCSON AZ 85701 PAGE 7 OF 18 CONTRACT OFFICER KYLE PASEWARK PH 520 837 410
26. eep the contract area including storage areas used by the Contractor free from accumulation of waste material or rubbish and prior to completion of the work remove any rubbish from the premises and all tools scaffolding equipment and materials not property of the City Upon completion of the repair the Contractor shall leave the work and premises in clean neat and workmanlike condition COMMENCEMENT OF WORK The Contractor is cautioned not to commence any billable work or provide any material or service under this Contract until Contractor receives purchase order or is otherwise directed to do so in writing by the City CONFIDENTIALITY OF RECORDS The Contractor shall establish and maintain procedures and controls that are acceptable to the City for the purpose of assuring that no information contained in its records or obtained from the City or from others in carrying out its functions under the Contract shall be used by or disclosed by it its agents officers or employees except as required to efficiently perform duties under the Contract Persons requesting such information should be referred to the City Information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under the Contract unless otherwise agreed to in writing by the City CONTRACT AMENDMENTS The Procurement Department has the sole authority to A Amend the contract or enter into
27. ing a proposal confers no right of withdrawal after due date and time The City shall not reimburse the cost of developing presenting submitting or providing any response to this solicitation Offeror must list any subcontractors to be utilized in the performance of the services specified herein For each subcontractor details on respective qualifications must be included 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 TAXES The City of Tucson is exempt from federal excise tax including the federal transportation tax PROPOSAL SUBMITTAL FORMAT An original and 4 copies 5 total of each proposal should be submitted on the forms and in the format specified in the RFP Offerors shall also submit one electronic copy of the proposal on cd disc or zip disc in MS Office 2003 or pdf format Any confidential information shall be submitted on
28. ion due date and time an offeror may formally withdraw the proposal by a written letter facsimile or electronic mail from the Offeror or a designated representative Telephonic or oral withdrawals shall not be considered DISCUSSIONS The City reserves the right to conduct discussions with offerors for the purpose of eliminating minor irregularities informalities or apparent clerical mistakes in the proposal in order to clarify an offer and assure full understanding of and responsiveness to solicitation requirements CONTRACT NEGOTIATIONS Exclusive or concurrent negotiations may be conducted with responsible offeror s for the purpose of altering or otherwise changing the conditions terms and price of the proposed contract unless prohibited Offerors shall be accorded fair and equal treatment in conducting negotiations and there shall be no disclosure of any information derived from proposals submitted by competing offerors Exclusive or concurrent negotiations shall not constitute a contract award nor shall it confer any property rights to the successful offeror In the event the City deems that negotiations are not progressing the City may formally terminate these negotiations and may enter into subsequent concurrent or exclusive negotiations with the next most qualified firm s VENDOR APPLICATION Prior to the award of a Contract the successful offeror shall register with the City s Department of Procurement Registration can be completed a
29. ion to any other rights and remedies to recover or withhold from the Contractor the amount of the gratuity HUMAN RELATIONS Contractor shall abide by the provisions of the Tucson City Code Chapter 28 Article XII INDEMNIFICATION To the fullest extent permitted by law Contractor its successors assigns and guarantors shall pay defend indemnify and hold harmless the City of Tucson its agents representatives officers directors officials and employees from and against all allegations demands proceedings suits actions claims including claims of patent or copyright infringement damages losses expenses including but not limited to attorney fees court costs and the cost of appellate proceedings and all claim adjusting and handling expense related to arising from or out of or resulting from any actions acts errors mistakes or omissions caused in whole or part by Contractor relating to work services and or products provided in the performance of this Contract including but not limited to any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable and any injury or damages claimed by any of Contractor s and Subcontractor s employees CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO 130654 255 W ALAMEDA 6TH FLOOR TUCSON AZ 85701 PAGE 14 OF 18 21 22 23 24 25 26 27 28 29 30 CONTRACT OFFICER KYLE PASEWARK
30. l subcontractors under this Contract Contractor acknowledges that pursuant to A R S 41 4401 and effective September 30 2008 a breach of this warranty is a material breach of this Contract subject to penalties up to and including termination of this Contract The City retains the legal right to audit the records of the Contractor and inspect the papers of any employee who works for the Contractor to ensure compliance with this warranty and the Contractor shall assist in any such audit The Contractor shall include the requirements of this paragraph in each contract with subcontractors under this Contract If the Contractor or subcontractor warrants that it has complied with the employment verification provisions prescribed by sections 274 a and 274 b of the Federal Immigration and Nationality Act and the E verify requirements prescribed by A R S 23 214 A the Contractor or subcontractor shall be deemed to be in compliance with this provision The City may request proof of such compliance at any time during the term of this Contract by the Contractor and any subcontractor FORCE MAJEURE Except for payment of sums due neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party s performance of this Contract is prevented by reason of Force Majeure The term Force Majeure means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence Fo
31. les or electronic mail proposals shall not be considered B Ata minimum your proposal should include the signed Offer and Acceptance form signed copies of any solicitation amendments completed Price Page and your response to all evaluation criteria C The Offer and Acceptance page shall be signed by a person authorized to submit an offer An authorized signature on the Offer and Acceptance page Proposal Amendment s or cover letter accompanying the proposal documents shall CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO 130654 255 W ALAMEDA 6TH FLOOR TUCSON AZ 85701 PAGE 5 OF 18 10 11 12 13 CONTRACT OFFICER KYLE PASEWARK PH 520 837 4103 FAX 520 791 4735 constitute an irrevocable offer to sell the good and or service specified herein Offeror shall submit any additional requested documentation signifying intent to be bound by the terms of the agreement D The authorized person signing the proposal shall initial erasure interlineations or other modifications on the proposal E Incase of error in the extension of prices in the proposal unit price shall govern when applicable F Periods of time stated as a number of days shall be in calendar days G It is the responsibility of all offerors to examine the entire Request for Proposal package and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting a proposal Negligence in prepar
32. lution air addition point Digital chart recorder with battery backup which records total system flow wellfield flow and exhaust temperature Vacuum gage for process inlet and pressure gage for discharge outlet Sample ports on process inlet dilution inlet exhaust outlet 7 Supplemental gas requirement shall be natural gas at 5 psig NEMA 4 electrical panel with main disconnect off on switch operator interface lights emergency stop switch and all motor starter fuses and transformers required to run the system All equipment must be rated to operate at 125 deg F ambient temperature 8 All equipment shall be primed and painted with industrial enamel B Technical Support and Training Requirements 1 Contractor will provide technical support Monday through Friday from 8AM to 5PM Upon receipt of a phone call the City requires a response call within 48 hours or less CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO 130654 255 W ALAMEDA 6TH FLOOR TUCSON AZ 85701 PAGE 3 OF 18 2 CONTRACT OFFICER KYLE PASEWARK PH 520 837 4103 FAX 520 791 4735 Contractor will provide on site training to include a presentation with a user manual detailing hands on startup operation and shut down procedures The user s manual shall stay with the machine at the conclusion of the training Contractor will provide on site training for maintenance to include a presentation with a user manual detailing hands on weekly and
33. mages such property the Contractor shall replace or repair the damage at no expense to the City as determined and approved by the City s Director of Procurement If the Contractor fails or refuses to make such repair or replacement the City will determine a cost and the Contractor shall be liable for the cost thereof which may be deducted from the Contract price CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO 130654 255 W ALAMEDA 6TH FLOOR TUCSON AZ 85701 PAGE 15 OF 18 31 32 33 34 35 36 37 38 39 40 CONTRACT OFFICER KYLE PASEWARK PH 520 837 4103 FAX 520 791 4735 PROVISIONS REQUIRED BY LAW Each and every provision of law and any clause required by law to be in the Contract shall be read and enforced as though it were included herein and if through mistake or otherwise any such provision is not inserted or is not correctly inserted then upon the application of either party the Contract shall be amended to make such insertion or correction RECORDS Internal control over all financial transactions related to this Contract shall be in accordance with sound fiscal policies The City may at reasonable times and places audit the books and records of the Contractor and or any subcontractors Said audit shall be limited to this Contract RIGHT TO ASSURANCE Whenever one party to this Contract has reason to question in good faith the other party s intent to perform the former
34. monthly maintenance to maintain the equipment to a standard acceptable to the Contractor The maintenance user manual shall stay with the machine at the conclusion of the training The City will maintain the machine using local contractors or City staff The Contractor shall supply a maintenance schedule and list of items required to maintain the machine to the Contractor s standards C Deliverables 1 2 3 The City seeks delivery concurrent with removal of current system Contractor will be responsible for mobilization including delivering the equipment to the site offloading it and setting it in place shakedown including attaching electric and gas supplies to the equipment starting the equipment and then running it for a day to ensure the equipment is functioning properly on site training and demobilization including disconnecting the equipment from electric and gas supplies and removing it from the site Contractor will provide an operation manual with general arrangement process diagram electrical and fuel process schematics D General Requirements 1 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
35. nal year for a total of five potential years The successful Offeror will be responsible for delivery mobilization connection to utilities and existing SVE piping startup shakedown training and demobilization SCOPE OF WORK A Equipment Requirements 1 Overall dimensions of unit must be 160 L x 78 W x 120 H or less 2 200 gallon entrainment liquid separator tank with site glass low high water level switches and a high pressure pump and evacuation system to remove condensate from tank while the machine is running Controls must include manual and automatic pump operation 3 Blower system and motor capable of providing a constant 500 SCFM and 10 inches Hg vacuum at 2 250 feet MSL with 230 volt 3 phase electrical power 4 Sound suppression acoustic enclosure lined with noise dampening foam around the blower unit and motor enclosure with cooling fan In addition noise suppression shall include vibration isolation for blower and motor mountings flexible steel couplings before and after the blower and a blower discharge silencer 5 Honeywell brand or equivalent auto digital temperature and dilution controller with high limit controller and shut off Excess air burner package to provide supplemental blower system to provide sufficient oxygen to reduce dilution Easy access catalyst door to enable cleaning of the catalyst cell 6 Two explosion proof differential pitot tube flow transmitters one before and one after the di
36. rce Majeure shall not include late performance by a subcontractor unless the delay arises out of a Force Majeure occurrence in accordance with this Force Majeure term and condition If either party is delayed at any time in the progress of the work by Force Majeure the delayed party shall notify the other party in writing of such delay as soon as is practical of the commencement thereof and shall specify the causes of such delay in such notice Such notice shall be hand delivered or mailed certified return receipt and shall make a specific reference to this article thereby invoking its provisions The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing when it has done so The time of completion shall be extended by contract modification for a period of time equal to the time that results or effects of such delay prevent the delayed party from performing in accordance with this Contract GRATUITIES The City may by written notice to the Contractor terminate this Contract if it is found that gratuities in the form of entertainment gifts meals or otherwise were offered or given by the Contractor or any agent or representative of the Contractor to any officer or employee of the City amending or the making of any determinations with respect to the performing of such Contract In the event this Contract is terminated by the City pursuant to this provision the City shall be entitled in addit
37. sible or concealed damage shall be filed by the Contractor The City will assist the Contractor in arranging for inspection 3 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 CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO 130654 255 W ALAMEDA 6TH FLOOR TUCSON AZ 85701 PAGE 12 OF 18 10 11 12 CONTRACT OFFICER KYLE PASEWARK PH 520 837 4103 FAX 520 791 4735 STANDARD TERMS AND CONDITIONS ADVERTISING Contractor shall not advertise or publish information concerning this Contract without prior written consent of the City s Director of Procurement AFFIRMATIVE ACTION Contractor shall abide by the provisions of the Tucson Procurement Code Chapter 28 Article XII 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 appli
38. t http www tucsonprocurement com by clicking on Vendor Services Please note that email notifications of newly published solicitations and amendments will be provided to those vendors that select email as their preferred delivery method in their vendor record CITY OF TUCSON BUSINESS LICENSE It is the responsibility of the Contractor to have a City of Tucson Business License throughout the life of this contract or a written determination from the City s Business License Section that a license is not required At any time during the contract the City may request the Contractor to provide a valid copy of the business license or a written determination that a business license is not required Application for a City Business License can be completed at http www tucsonaz gov etax For questions contact the City s Business License Section at 520 791 4566 or email at tax license tucsonaz gov 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 AWARD OF CONTRACT Notwithstanding any other provision of the Request for Proposal the City reserves the right to 1 waive any immaterial defect or informality or 2 reject any or all proposals or portions thereof or 3 reissue the Request for Proposal A response to this Request for Proposal is an offer to contract with the City bas
39. ual practice overcharges resulting from antitrust violations are borne by the purchaser Therefore to the extent permitted by law the Contractor hereby assigns to the City any and all claims for such overcharges as to the materials or services used to fulfill the Contract PAYMENT The City s preferred method of payment is via credit card The City will issue a Purchase Order and in some cases either provide a credit card for payment at the time of ordering or pay subsequent invoices by credit card upon receipt of goods or services in good order However not all City employees will possess a credit card and therefore the City reserves the right to make payment by check as it deems necessary Unless payment is made by credit card at time of order or point of sale a separate invoice shall be issued for each shipment of material or service performed and no payment shall be issued prior to receipt of material or service and correct invoice The City shall make every effort to process payment for the purchase of materials or services within twenty one 21 calendar days after receipt of materials or services and a correct invoice The Contractor s payment terms shall apply to all purchases and to all payment methods PROTECTION OF GOVERNMENT PROPERTY The Contractor shall use reasonable care to avoid damaging existing buildings equipment and vegetation such as trees shrubs and grass on City property If the Contractor fails to do so and da
40. ultant The Contract shall include this RFP document incorporated herein by reference all terms conditions specifications scope of work Amendments the Contractor s offer and negotiated items as accepted by the City Contractor Consultant The individual partnership or corporation who as a result of the competitive solicitation process is awarded a contract by 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 Director of Procurement The contracting authority for the City authorized to sign contracts and amendments thereto on behalf of the City May Indicates something that is not mandatory but permissible Offeror The individual partnership or corporation who submits a proposal in response to a solicitation Shall Will Must Indicates a mandatory requirement Failure to meet these mandatory requirements if they constitute a substantive requirement may at the City s sole discretion result in the rejection of a proposal as non responsive Should Indicates something that is recommended but not mandatory If the Offeror fails to provide recommended information the City may at its sole option ask the Offeror to provide the information or evaluate the proposal without the information 2 PRE PROPOSAL CONFERENCE If scheduled the
41. ve sold or leased similar equipment within the last 5 years For each reference please include the firm s name address telephone number email and a contact person D Describe your service capabilities along with sites for which your company has maintained similar purchased or leased equipment E Submit a resume for all individuals both professional and technical and proposed sub contractors who shall perform work under this contract Resumes shall describe the individuals credentials background relevant experience and capabilities as they relate to this contract For each individual to be assigned provide at least three professional references F Offeror shall provide a list of sub contracts and suppliers proposed to be used under this contract as well as a list of parts or systems on the proposed equipment that will be constructed or supplied by sub contractors G Provide industrial certifications and state and federal environmental certifications DELIVERY TIME Offeror shall provide a detailed timeline for delivery mobilization demobilization startup shakedown and training that ensures a delivery concurrent with removal of the current unit Offeror s timeline shall start from the time the Offeror receives the notice to proceed CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO 130654 255 W ALAMEDA 6TH FLOOR TUCSON AZ 85701 PAGE 9 OF 18 CONTRACT OFFICER KYLE PASEWARK PH 520 837 4103 FAX 52
Download Pdf Manuals
Related Search