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LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND SHORT EQUIPMENT, INC. This Linking Agreement (“Agreement”) is entered into as of this day of , 2023, between the City of Glendale, an Arizona municipal corporation (“City”), and Short Equipment, Inc., an Arizona corporation, authorized to do business in Arizona (“Contractor”), collectively, the “Parties.” RECITALS On July 1, 2023 under S.A.V.E Cooperative Purchasing Agreement, the City of Phoenix entered into a contract with Contractor to purchase the goods and services described in the Refuse Truck Body Repair Contract No. 158804--0 (IFB 24-FSD-003) (“Cooperative Purchasing Agreement”), which is attached hereto as Exhibit A. The Cooperative Putchasing Agreement permits its cooperative use by other governmental agencies including the City. Section 2-149 of the City’s Procurement Code permits the Materials Manager to procure goods and setvices by participating with other governmental units in cooperative purchasing agreements when the best interests of the City would be served. Section 2-149 also provides that the Materials Managet may enter into such cooperative agreements without meeting the formal or informal solicitation and bid requirements of Glendale City Code Sections 2-145 and 2-146. The City desires to contract with Contractor for supplies or services identical, or nearly identical, to the supplies or services Contractor is providing other units of government under the Cooperative Purchasing Agreement. Contractor consents to the City’s utilization of the Cooperative Purchasing Agreement as the basis of this Agreement, and Contractor desires to enter into this Agreement to provide the supplies and services set forth in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference, and the covenants and promises contained in this Linking Agreement, the parties agree as follows: 1. Term of Agreement. The City is purchasing supplies and/or services from Contractor pursuant to the Cooperative Purchasing Agreement. According to the Cooperative Purchasing Agreement, purchases can be made by governmental entities from the date of award, which was July 1, 2023, until the date the contract expires on June 30, 2026, unless the term of the Cooperative Purchasing Agreement is extended by the mutual agreement of the original contracting parties. The Cooperative Purchasing Agreement, however, may not be extended beyond June 30, 2028. The initial period of this Agreement, therefore, is the period from the Effective Date of this Agreement until June 30, 2026. The City may extend the term of this Agreement for two (2) one-year periods until the Cooperative Purchasing Agreement expires on June 30, 2028. Glendale extensions are not automatic and shall only occur if the City gives the Contractor notice of its intent to extend. The City may give the Contractor notice of its intent to extend this Agreement 30 days prior to the anniversary of the Effective Date to effectuate such extension. 05/10/2023 Scope of Work; Terms, Conditions, and Specifications. A. Contractor shall provide City the supplies and/or services identified in the Scope of Work attached as Exhibit B. B. Contractor agrees to comply with all the terms, conditions and specifications of the Cooperative Purchasing Agreement. Such terms, conditions and specifications are specifically incorporated into and are an enforceable part of this Agreement. Compensation. A. City shall pay Contractor compensation at the same rate and on the same schedule as provided in the Cooperative Purchasing Agreement, which is attached hereto as Exhibit C. B. The total purchase price for the supplies and/or services purchased under this Agreement shall not exceed five hundred thousand dollars ($500,000) for the entire term of the Agreement (initial term plus any renewals). Cancellation. This Agreement may be cancelled pursuant to A.R-S. § 38-511. Non-discrimination. Contractor must not discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual orientation, gender identity or expression, genetic characteristics, familial status, U.S. military veteran status or any disability. Contractor will require any Sub-contractor to be bound to the same tequirements as stated within this section. Contractor, and on behalf of any subcontractors, warrants compliance with this section. nsurance Certificate. A certificate of insurance applying to this Agreement must be provided to the City prior to the Effective Date. E-verify. Contractor complies with A.R.S. § 23-214 and agtees to comply with the requirements of ARS. § 41-4401. No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the parties hereby certify that they are not currently engaged in, and agree for the duration of the Agreement to not engage in, a boycott of goods or services from Israel, as that term is defined in ARS § 35-393. Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and during the term of this Agreement, will not use: a. the forced labor of ethnic Uyghurs in the People’s Republic of China; b. any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; and 05/10/2023 c. any contractors, subcontractors or suppliers that use the forced labor or any goods or setvices produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 10. i H When applicable, the Contractor will provide the City annually with a Payment Card (Industry Data Security Standard (PCI DSS) attestation of compliance certificate signed by an officer of Contractor with oversight responsibility. 11. Notices. Any notices that must be provided under this Agreement shall be sent to the Parties’ respective authorized representatives at the address listed below: City of Glendale c/o Sandy Ressler — Fleet Management 6210 W. Myrtle Avenue, #111 Glendale, AZ 85301 and Short Equipment, Inc. c/o Zac Short 2210 E. Adams Street Phoenix, AZ 85034 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year set forth above. “City” “Contractor” City of Glendale, an Arizona Short Equipment, Inc., municipal corporation an Arizona co i By: By: J Ble ] | g3 Kevin R. Phelps Name: Zac S| City Manager Title: President ATTEST: Julie K. Bower (SEAL) City Clerk | APPROVED AS TO Fi ina Michael D, Bailey City Attorney 05/10/2023 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND SHORT EQUIPMENT, INC. EXHIBIT A CITY OF PHOENIX — CONTRACT NO. 158804--0 (FB 24-FSD-003) REFUSE TRUCK BODY REPAIR LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA . AND SHORT EQUIPMENT, INC. EXHIBIT B Scope of Work PROJECT To provide services to repair heavy-duty trucks and solid waste equipment on an as-needed basis. @ City of Phoenix 158804--0 INVITATION FOR BID 24-FSD-003 REFUSE TRUCK BODY REPAIR City of Phoenix Public Works 200 W. Washington St. 7th Floor Phoenix, AZ 85003 RELEASE DATE: April 20, 2023 DEADLINE FOR QUESTIONS: April 28, 2023 RESPONSE DEADLINE: May 10, 2023, 11:00 am City of Phoenix INVITATION FOR BID 24-FSD-003 Refuse Truck Body Repair INTRODUCTION ......cccsssssssssssssesceesssssersssessssessesesecoesesessesesesseesoesssesesssseavasanerseteesasaceneeeas INSTRUCTIONS... cceeseeeseesessteesesesesesesesesescescsescencsususasessssesscssssssssavsessveratarseseaseanesaeacens SCOPE OF WORK STANDARD TERMS AND CONDITIONS we SPECIAL TERMS AND CONDITIONS. ........2:.:cccccccsssessssseescssessscscscssssseacsesssenevanaracatacsesasace DEFENSE AND INDEMNIFICATION .....0......e.ceccccscsccsesseeseescossscesscscscscecssesecsenacavevaeaeaeeesacs INSURANCE REQUIREMENTS ........ccssscssseecsesesseeceesseeseecsveususssassssnsnssaneuseeeseneessassnaeeass SUBMITTALS Attachments: SNOaPpR WYN = BID PRICE SCHEDULE - This is separately attached at: https://solicitations.phoenix.gov/ SUBMITTAL FORMS - This is separately attached at: https://solicitations.phoenix.gov/ Submittals - Offer Page Submittals - Conflict of Interest and Transparency Submittals - Costs and Payments Submittals - Place of Business Submittals - Warranty Submittals - 24 Hour Emergency Contact Submittals - References Acceptance Form Invitation For Bid #24-FSD-003 Title: Refuse Truck Body Repair 1. INTRODUCTION 1.1. Summary The City of Phoenix invites sealed offers for refuse truck body repair on an "as needed" basis. The City does not guarantee the purchase of any quantity or dollar amount of services under this Contract. However, the estimated usage under this contract is approximately $2 million annually based on historical data. This contract may be awarded to multiple Contractors as needed by the City of Phoenix to meet the operational needs of the Solid Waste Division. 1.2. Contact Information Crystal Ramirez Contracts Specialist Il *Lead 200 W. Washington St. 7th Floor Phoenix, AZ 85003 Email: crystal.ramirez@phoenix.gov Phone: (602) 495-3606 Department: Public Works 1.3. Timeline Schedule of Events The City reserves the right to change dates, times, and locations, as necessary. The City does not always hold a Pre-Offer Conference or Site Visit. To request a reasonable accommodation or alternative format for any public meeting, please contact the Procurement Officer (Crystal Ramirez) at (602) 495-3606/Voice or 711/TTY, or crystal.ramirez@phoenix.gov, no later than two (2) weeks prior to the meeting. Invitation For Bid #24-FSD-003 Title: Refuse Truck Body Repair Solicitation Issue Date April 20, 2023 Pre-Offer Conference (Non- Mandatory) April 26, 2023, 10:00am https://phxpublicworks.webex.com/phxpublicwo rks/j.php?MTID=mc346a162051efb0fa29ae7d8 18937051 Meeting number: 2493 331 9332 Join by video system Dial 24933319332 @phxpublicworks.webex.com You can also dial 173.243.2.68 and enter your meeting number. Join by phone +1-415-655-0001 US Toll Access code: 2493 331 9332 Written Inquiries Due Date April 28, 2023, 10:00am Offer Due Date May 10, 2023, 11:00am Join by phone +1-415-655-0001 US Toll Access code: 2499 294 0539 Invitation For Bid #24-FSD-003 Title: Refuse Truck Body Repair 2. INSTRUCTIONS 2.1. Description — Statement of Need The City of Phoenix invites sealed offers for refuse truck body repair for a three-year term, with two option years commencing on or about September 1, 2023, in accordance with the specifications and provisions contained herein or the “Effective Date” which is upon award by City Council, conditioned upon signature and recording by the City Clerk’s department, as required by the Phoenix City Code, whichever is later. This solicitation is available through Arizona Relay Service 7-1-1. Please call TTY 800-367-8939 for assistance. Notwithstanding the foregoing, this Agreement will terminate upon the earliest occurrence: by reaching the end of the term including any extensions exercised, or termination pursuant to the provisions of this Agreement. 2.2. City's Vendor Self-Registration and Notification Vendors must be registered in the City’s procurePHX Self-Registration System at https://www.phoenix.gov/procure to respond to solicitations and access procurement information. The City may, at its sole discretion, reject any offer from an Offeror who has not registered. 2.3. Preparation of Offer All forms provided in Submittal Section must be completed and submitted with the Offer. The signed and completed Conflict of Interest and Transparency form must be included or your Offer may be deemed non-responsive. It is permissible to copy Submittal forms if necessary. Erasures, interlineations, or other modifications of the Offer must be initialed in original ink by the authorized person signing the Offer. No offer will be altered, amended or withdrawn after the specified offer due date and time. The City is not responsible for Offeror's errors or omissions. All time periods stated as a number of days will be calendar days. It is the responsibility of all Offerors to examine the entire solicitation and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting an offer. Negligence in preparing an offer confers no right of withdrawal after due date and time. Offerors are strongly encouraged to: A. Consider applicable laws and/or economic conditions that may affect cost, progress, performance, or furnishing of the products or services. B. Study and carefully correlate Offeror’s knowledge and observations with the solicitation and other related data. C. Promptly notify the City of all conflicts, errors, ambiguities, or discrepancies that Offeror has discovered in or between the solicitation and other related documents. Invitation For Bid #24-FSD-003 Title: Refuse Truck Body Repair D. The City does not reimburse the cost of developing, presenting or providing any response to this solicitation. Offers submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. The Offeror is responsible for all costs incurred in responding to this solicitation. All materials and documents submitted in response to this solicitation become the property of the City and will not be returned. E. Offerors are reminded that the specifications stated in the solicitation are the minimum level required and that offers submitted must be for products or services that meet or exceed the minimum level of all features specifically listed in this solicitation. Offers offering less than any minimum specifications or criteria specified are not responsive and should not be submitted. F. Offer responses submitted for products considered by the seller to be acceptable alternates to the brand names or manufacturer's catalog references specified herein must be submitted with technical literature and/or detailed product brochures for the City’s use to evaluate the products offered. Offers submitted without this product information may be considered as non-responsive and rejected. The City will be the sole judge as to the acceptability of alternate products offered. G. Prices will be submitted on a per unit basis by line item, when applicable. In the event of a disparity between the unit price and extended price, the unit price will prevail unless obviously in error. 2.4. Fixed Offer Price Period All offers shall be firm and fixed for a period of 180 calendar days from the solicitation opening date. 2.5. Obtaining a Copy of the Solicitation and Addenda Interested Offerors may download the complete solicitation and addenda from https://solicitations.phoenix.gov/. Any interested Offerors without internet access may obtain this solicitation by calling the Procurement Officer or picking up a copy during regular business hours at the City of Phoenix, Public Works Department, 200 W. Washington Street, 7th Floor, Phoenix, AZ 85003. It is the Offeror’s responsibility to check the website, read the entire solicitation, and verify all required information is submitted with their Offer. 2.6. Exceptions Offeror must not take any exceptions to any terms, conditions or material requirements of this solicitation. Offers submitted with exceptions may be deemed non-responsive and disqualified from further consideration in the City’s sole discretion. Offerors must conform to all the requirements specified in the solicitation. The City encourages Offerors to send inquiries to the Procurement Officer rather than including exceptions in their Offer. Invitation For Bid #24-FSD-003 Title: Refuse Truck Body Repair 2.7. Inquiries All questions that arise relating to this solicitation should be directed via email to the Procurement Officer and must be received by the due date indicated in the Schedule of Events. The City will not consider questions received after the deadline. No informal contact initiated by Offerors on the proposed service will be allowed with members of City’s staff from date of distribution of this solicitation until after city council awards the contract. All questions concerning or issues related to this solicitation must be presented in writing. The Procurement Officer will answer written inquiries in an addendum and publish any addendums on the Procurement Website. 2.8. Addenda The City of Phoenix will not be responsible for any oral instructions made by any employees or officers of the City of Phoenix regarding this solicitation. Any changes will be in the form of an addendum. The Offeror must acknowledge receipt of any/all addenda by signing and returning the document with the Offer submittal. 2.9. Business in Arizona The City will not enter contracts with Offerors (or any company(ies)) not granted authority to transact business, or not in good standing, in the state of Arizona by the Arizona Corporation Commission, unless the Offeror asserts a statutory exception prior to entering a contract with the City. 2.10. Licenses If required by law for the operation of the business or work related to this Offer, Offeror must possess all valid certifications and/or licenses as required by federal, state or local laws at the time of submittal. 2.11. Certifications By signature in the Offer section of the Offer and Acceptance page(s), Offeror certifies: e The submission of the Offer did not involve collusion or other anti-competitive practices. e The Offeror must not discriminate against any employee, or applicant for employment in violation of Federal or State Law. ¢ The 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, or service to a public servant in connection with the submitted Offer. 2.12. Submission of Offer Offers must be in possession of the Department on or prior to the exact time and date indicated in the Schedule of Events. Late offers will not be considered. The prevailing clock will be the City Department’s clock. Invitation For Bid #24-FSD-003 Title: Refuse Truck Body Repair The City of Phoenix Public Works Department is accepting electronic Offers for this solicitation, in addition to other methods of submitting sealed Offer packages (hardcopy). Offerors are responsible for submitting the Offer (electronic or hardcopy) before the due date and time of the solicitation deadline. The Offeror is responsible for managing potential delays due to delays caused by the Carrier or technical difficulties. For Electronic Submittal: Please submit your response via email to pwd.solicitations@phoenix.gov. The date and time on the email will provide proof of submission and verification if the Offer was received on or prior to the due date and time specified. Please identify the solicitation number and title in the subject line of the email when submittin the Offer. The City email file size is limited to 150mb. To send larger files electronically, the upload and receipt time may take longer than expected. It is the responsibility of the Offeror to ensure that the Offer met the due date and time. Please DO NOT submit links to Google Docs, Dropbox Paper, or similar services. Your offer may be deemed non-responsive if your offer is supplied utilizing these services. For In-Person and Carrier Delivery: Offers will be received at City of Phoenix City Hall located at 200 W. Washington St, 1st floor, Atrium, Phoenix, AZ 85003. The Atrium is just beyond the security checkpoint. The drop-off box is a grey bin marked Public Works Department. Delivery must be made during normal business hours (8:00 am — 5:00 pm, local Phoenix time, Monday — Friday) before the solicitation due date and time. Offers must be clearly marked on the outside of the package as designated in the solicitation. Delivery of Offers: If the Offeror submits the Offer in a hardcopy format, then the Offer must be submitted in a sealed package/envelope marked with the following information: e Offeror's Name e Offeror's Address (as shown on the Certification Page) e Solicitation Number e Solicitation Title e Offer Due Date 2.13. Withdrawal of Offer At any time prior to the solicitation due date and time, an Offeror (or designated representative) may withdraw the Offer by submitting a request in writing and signed by a duly authorized representative. If Offeror withdraws the Offer electronically by email to the Procurement Officer, the request to withdraw must be in the form of a letter attached to the email that includes either an image of the duly authorized representative’s signature or an electronic signature from a verifiable source, such as Adobe Sign, DocuSign or a similar verifiable software program. Invitation For Bid #24-FSD-003 Title: Refuse Truck Body Repair 2.14. Offer Results Offers will be opened on the offer due date, time and location indicated in the Schedule of Events, at which time the name of each Offeror, and the prices may be read. Offers and other information received in response to the solicitation will be shown only to authorized City personnel having a legitimate interest in them or persons assisting the City in the evaluation. Offers are not available for public inspection until after the City has posted the award recommendation on the City’s website. The City will post a preliminary offer tabulation on the City’s website, https://solicitations. phoenix.gov/Awards within five calendar days of the offer opening. The City will post the information on the preliminary tabulation as it was read during the offer opening. The City makes no guarantee as to the accuracy of any information on the preliminary tabulation. Once the City has evaluated the offers, the City will post an award recommendation on the website. By signing and submitting its Offer, each Offeror agrees that this posting of the award recommendation to the City’s website effectively serves as the Offeror’s receipt of that notice of award recommendation. The City has no obligation to provide any further notification to unsuccessful Offerors. 2.15. Pre-Award Qualifications Offeror must have been in operation a minimum of 5 years. The Offeror's normal business activity during the past 5 years will have been for providing the goods or services in this solicitation. Upon notification of an intent to award, the Offeror will have ten calendar days to submit a complete certificate of insurance in the minimum amounts and the coverages as required in the Insurance Requirements of this agreement. Insurance requirements are non-negotiable. 2.16. Award of Contract Unless otherwise indicated, award(s) will be made to the most responsive, responsible Offeror(s) who are regularly established in the service, or providing the goods, contained in this solicitation and who have demonstrated the ability to perform in an acceptable manner. A. Factors that may be considered by the City include: 1. Technical capability of the Offeror to accomplish the scope of work required in the Solicitation. This may include performance history on past and current government or industrial contracts; and, 2. Demonstrated availability of the necessary manpower (both supervisory and operational personnel) and necessary equipment to accomplish the scope of work in the Solicitation; and, 3. Safety record; and, 4. Offeror history of complaints and termination for convenience or cause. Invitation For Bid #24-FSD-003 Title: Refuse Truck Body Repair B. Notwithstanding any other provision of this solicitation, the City reserves the right to: (1) waive any immaterial defect or informality; or (2) reject any or all offers or portions thereof; or (3) reissue a solicitation. C. Aresponse to a solicitation is an offer to contract with the City based upon the terms, conditions, and specifications contained in the City’s solicitation. Offers do not become contracts until they are executed by the Chief Procurement Officer or Department Director. A contract has its inception in the award, eliminating a formal signing of a separate contract. For that reason, all of the terms, conditions and specifications of the procurement contract are contained in the solicitation, and in any addendum or contract amendment. 2.17. Solicitation Transparency Policy Commencing on the date and time a solicitation is published, potential or actual Offerors or respondents (including their representatives) shall only discuss matters associated with the solicitation with the Mayor, any members of City Council, the City Manager, any Deputy City Manager, or any department director directly associated with the solicitation (including in each case their assigned staff, except for the designated Procurement Officer) at a public meeting, posted under Arizona Statutes, until the resulting contract(s) are awarded to all offers or responses are rejected and the solicitation is cancelled without any announcement by the Procurement Officer of the City’s intent to reissue the same or similar solicitation. As long as the solicitation is not discussed, Offerors may continue to conduct business with the City and discuss business that is unrelated to the solicitation with the City staff. Offerors may not discuss the solicitation with any City employees or evaluation panel members. Offerors may discuss their proposal or the solicitation with the Mayor or one or more members of the Phoenix City Council, provided such meetings are scheduled through the Procurement Officer, and are posted as open meetings with the City Clerk at least 24 hours prior to the scheduled meetings. The City Clerk will be responsible for posting the meetings. The posted notice shall identify the participants and the subject matter, as well as invite the public to participate. With respect to the selection of the successful Offerors, the City Manager and/or City Manager's Office will continue the past practice of exerting no undue influence on the process. In all solicitations of bids and proposals, any direction on the selection from the City Manager and/or City Manager's Office and Department Head (or representative) to the proposal review panel or selecting authority must be provided in writing to all prospective Offerors. This policy is intended to create a level playing field for all Offerors, assure that contracts are awarded in public, and protect the integrity of the selection process. OFFERORS THAT VIOLATE THIS POLICY SHALL BE DISQUALIFIED. After official Notice is received by the City for disqualification, the Offeror may follow the Protest process, unless the Solicitation is cancelled without notice of intent to re-issue. “To discuss” means any contact by the Offeror, regardless of whether the City responds to the contact. Offerors that violate this policy will be disqualified until the resulting contract(s) are awarded, or all offers or responses are rejected and the solicitation is cancelled without any 10 Invitation For Bid #24-FSD-003 Title: Refuse Truck Body Repair announcement by the Procurement Officer of the City’s intent to reissue the same or a similar solicitation. The City interprets the policy as continuing through a cancellation of a solicitation until Council award of the contract, as long as the City cancels with a statement that the City will rebid the solicitation. 2.18. Protest Process Offeror may protest the contents of a solicitation no later than seven days before the solicitation deadline when the protest is based on an apparent alleged mistake, impropriety or defect in the solicitation. Protests filed regarding the solicitation may be addressed by an amendment to the solicitation or denied by the City. If denied, the opening and award will proceed unless the City determines that it is in the City’s best interests to set new deadlines, amend the solicitation, cancel or re-bid. Therefore, unless otherwise notified by a formal amendment, the Protester must adhere to all solicitation dates and deadlines, including timely filing of an offer, regardless of filing a protest. Offeror may protest an adverse determination issued by the City regarding responsibility and responsiveness, within seven days of the date the Offeror was notified of the adverse determination. Offeror may protest an award recommendation if the Offeror can establish that it had a substantial chance of being awarded the contract and will be harmed by the recommended award. The City will post recommendations on the City’s website to award the contract(s) to an Offeror(s). Offeror must submit award protests within seven days after the posting of the award recommendation, with exceptions only for good cause shown, within the City’s full and final discretion. All protests will be in writing, filed with the Procurement Officer identified in the solicitation and include the following: e = Identification of the solicitation number; * The name, address and telephone number of the protester; e Adetailed statement describing the legal and factual grounds for the protest, including copies of relevant documents; e The form of relief requested; and ¢ The signature of the protester or its authorized representative. The Procurement Officer will render a written decision within a reasonable period after the protest is filed. The City will not request City Council authorization to award the contract until the protest process is complete. All protests and appeals must be submitted in accordance with the City’s Procurement Code, (Phoenix City Code, Ch. 43) and any protests or appeals not submitted within the time requirements will not be considered. Protests must be filed with the Procurement Officer. 11 Invitation For Bid #24-FSD-003 Title: Refuse Truck Body Repair 2.19. Public Record All Offers submitted in response to this solicitation will become the property of the City and become a matter of public record available for review pursuant to Arizona State law. If an Offeror believes that a specific section of its Offer response is confidential, the Offeror will isolate the pages marked confidential in a specific and clearly labeled section of its Offer response. An Offeror may request specific information contained within its Offer is treated by the Procurement Officer as confidential provided the Offeror clearly labels the information “confidential.” To the extent necessary for the evaluation process, information marked as “confidential” will not be treated as confidential. Once the procurement file becomes available for public inspection, the Procurement Officer will not make any information identified by the Offerors as “confidential’ available to the public unless necessary to support the evaluation process or if specifically requested in accordance with applicable public records law. When a public records request for such information is received, the Procurement Officer will notify the Offeror in writing of any request to view any portion of its Offer marked “confidential.” The Offeror will have the time set forth in the notice to obtain a court order enjoining such disclosure. If the Offeror does not provide the Procurement Officer with a court order enjoining release of the information during the designated time, the Procurement Officer will make the information requested available for inspection. 2.20. Late Offers Late Offers must be rejected, except for good cause. If a late Offer is submitted, the Department will document the date and time of the submittal of the late Offer, keep the Offer and notify the Offeror that its Offer was disqualified for being late. 2.21. Right to Disqualify The City reserves the right to disqualify any Offeror who fails to provide information or data requested or who provides materially inaccurate or misleading information or data. The City further reserves the right to disqualify any Offeror on the basis of any real or apparent conflict of interest that is disclosed by the Offer submitted or any other data or information available to the City. This disqualification is at the sole discretion of the City. By submission of a solicitation response, the Offeror waives any right to object now or at any future time, before any agency or body including, but not limited to, the City Council of the City or any court as to the exercise by the City of such right to disqualify or as to any disqualification by reason of real or apparent conflict of interest determined by the City. The City reserves the right to replace the disqualified Offeror. 2.22. Contract Award In accordance with the City of Phoenix Code, Chapter 43, Section 43-12, Competitive Sealed Bidding, award(s) shall be made to the lowest responsible and responsive offeror(s) whose offer conforms in all material respects to the requirements set forth in this solicitation. The City reserves the right to award a contract by individual line items, by group, all or none, or any other combination most advantageous to the City. The City reserves the right to multiple award. 12 Invitation For Bid #24-FSD-003 Title: Refuse Truck Body Repair 2.23. Determining Responsiveness and Responsibility Offers will be reviewed for documentation of any required minimum qualifications, and completeness and compliance with the solicitation requirements. The City reserves sole discretion to determine responsiveness and responsibility. Responsiveness: Nonresponsive Offers will not be considered in the evaluation process. The solicitation states criteria that determine responsiveness, and the solicitation includes terms and conditions that if included or excluded from Offers will render an Offer nonresponsive. Responsibility: To obtain true economy, the City must conduct solicitations to minimize the possibility of a subsequent default by the Offeror, late deliveries, or other unsatisfactory performance that may result in additional administrative costs. It is important that the Offeror be a responsible Offeror. Responsibility includes the Offeror’s integrity, skill, capacity, experience, and facilities for conducting the work to be performed. 2.24. Equal Low Offer Contract award will be made by putting the names of the tied Offerors in a cup for a blind drawing limited to those bidders with tied Offers. If time permits, the Offerors involved will be given an opportunity to attend the drawing. The drawing will be witnessed by at least three persons, and the contract file will contain the names and addresses of the witnesses. 13 Invitation For Bid #24-FSD-003 Title: Refuse Truck Body Repair 3. SCOPE OF WORK 3.1. INTRODUCTION The City of Phoenix, Public Works Department, Fleet Services Division (City) manages a fleet of over 200 solid waste refuse trucks, the majority being Automatic Side Loaders (ASL). Various manufacturers include; Wayne Engineering, Curbtender BTE (Formerly Dadee), AMREP, Galbreath, Spartan, McNeilus, Newway, Heil Environmental, or other refuse equipment procured as needed. Historically the refuse bodies, carriers, and subsequent accessories may need various repair services. The Solid Waste Refuse Fleet is critical equipment to the daily operations of Solid Waste collections services provided to the City’s residents. It is crucial to have these units in operational status with an availability rate of 85% or higher to meet the daily collection operations. It’s also imperative that the Contractor can maintain both warranty and customer- paid (CP) service requests promptly to maintain the required availability rate of the equipment. 3.2. CONTRACTOR REQUIREMENTS A. The Contractor will provide all labor, replacement parts (hard and soft), welding, tools, equipment, and any other material necessary to perform refuse body/accessory repairs in accordance with all the terms, provisions, and requirements of this contract, as well as meeting all OEM mandatory standards. B. The Contractor will perform all work in accordance with the current standards set forth by the original equipment manufacturer (OEM) for electrical, welding, and repair of refuse truck bodies and accessories. C. The Contractor must have the knowledge and expertise necessary to complete the full scope and depth of maintenance and repairs to the specific body type. D. The contractor will not subcontract any portion of the work under this contract without prior approval by the authorized City Fleet Services Supervisor or Manager. 1. In the event that the Contractor desires to utilize a subcontractor for some part of the work and seeks approval, the contractor will furnish the names, qualifications, and experience of the proposed subcontractor. 2. The Contractor will, however, remain fully liable and responsible for the work done by the subcontractor on behalf of the Contractor and will assume compliance with all the contract requirements. E. The Contractor will respond verbally or via electronic communication to all service call requests within two (2) business hours. Business hours are defined as Monday through Friday from 6 am to 5 pm. 1. Any request for service outside of the defined business hours must be addressed as defined above on the next business day. 14 Invitation For Bid #24-FSD-003 Title: Refuse Truck Body Repair F. G. 3.3. The Contractor will provide pickup and delivery service within four (4) business hours after accepting the request for service noted above. The Contractor will evaluate (diagnose) the service request and provide a written estimate of all necessary job/complaints to return the equipment to an in-service status. The Contractor shall not begin any job/complaint without prior written approval except diagnosis time to confirm the cause of failure. The Contractor will need to obtain authorization for the diagnostic time that will exceed 1.0 hours. This Contract will allow the Contractor to perform one (1) hour of diagnosis time without authorization to prepare a written estimate. The one (1) hour of diagnosis time is to cover all of the requested jobs/complaints in the estimate being prepared. The Contractor will provide an itemized listing of the estimated cost for each repair activity. The itemized listing will include the labor hours, labor cost, part number, part description, part cost (list and net pricing to verify proper mark-up or discount), the part quantity for each repair activity, along with a description of services to be performed including industry standards of Complaint, Cause, and Correction. The Contractor’s written estimate will be submitted to the corresponding location via electronic communication. A purchase order will be issued upon agreement of estimated work activities and estimated cost to the City. The Contractor should not commence performing any work activities until a purchase order has been received electronically from the corresponding location authorized staff. 1. If additional supplemental work activities are found outside the original estimate, the Contract will provide a written estimate of the supplemental repairs to the corresponding location via electronic communication for approval. The Contractor should not commence performing any supplemental work activities until a purchase order has been received electronically from the corresponding location authorized staff. The Contractor will complete the repair or rebuild of refuse bodies and accessories locally. If the repair requires a new part, the replacement must be available locally or delivered within forty-eight (48) hours at no additional cost to the City. Upon competition of all jobs/complaints and the equipment has been returned to in- service status, the contractor must perform a quality assurance inspection before returning the equipment to City for service. Service Requirements: All service performed by the Contractor under this will be consistent with industry best practices and will meet all applicable federal, state and local standards regarding this type of equipment or operation of equipment. Contractor must also meet all applicable 15