ADVANCED_WATER_PURIFICATION_PROGRAM_-_TRES_RIOS_(Addendum_#2_Revision).pdf

CITY OF TUCSON

REQUEST FOR QUALIFICATIONS

260120

ADVANCED WATER PURIFICATION PROGRAM - TRES RIOS

Due Date: Wednesday, December 17, 2025

City of Tucson

255 W Alameda St

Tucson, AZ 85701

Procurement portal https://secure.procurenow.com/portal/tucson-az

Public Portal https://secure.procurenow.com/portal/tucson-az/projects/192684

PUBLISH DATE: October 15, 2025 https://secure.procurenow.com/portal/%7Bproject.government.code%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D

CITY OF TUCSON REQUEST FOR QUALIFICATIONS NO. 260120

BUSINESS SERVICES DEPARTMENT Page 2 of 31 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Vanessa Guzman

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-4375

Attachments:

A - Offer and Acceptance C - RFQ 260120 Detailed Evaluation Criteria D - RFQ 260120 Design-Build Scope of Work E - RFQ 260120 Technical Attachments F - BOR Terms and Conditions G - RFQ 260120 DBRA Provisions

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A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR QUALIFICATIONS NO 260120

ADVANCED WATER PURIFICATION PROGRAM - TRES RIOS

The City of Tucson (City), pursuant to ARS Title 34, is issuing a competitive, TWO-STEP Request for Qualifications (RFQ) to select a qualified design-build firm (Design-Builder) to provide design and construction services for an Advanced Water Purification Facility (AWPF or Project). The Project will be delivered using the Progressive Design-Build (PDB) delivery method. The estimated cost for the Project is $86,700,000.

The Project is to be designed and constructed in two phases pursuant to a contract between the City and the Design-Builder (PDB Contract).

• Phase 1 (design and preconstruction services): Prepare design and perform preconstruction services to a level sufficient to prepare a Phase 2 Proposal (60% design completion anticipated). Phase 1 is completed when there is agreement on the Project schedule, price, and scope of the Phase 2 services.

• Phase 2 (final design, construction, commissioning and performance testing services):

Complete design, procurement and management of subcontractors and vendors, self-performance of certain elements of the construction (as determined per the PDB Contract), and responsibility for full construction, startup, commissioning, and performance testing.

The City intends to separately procure a contract operator for the AWPF (Operator) on a coordinated basis with the performance of services by the Design-Builder, and a key objective of the City is to select a Design-Builder who will be able to coordinate and work with the Operator to provide for a seamless transition from the design and construction of the Project to contract operations.

The City invites interested design-build firms (Offerors) to submit written Statements of Qualifications (SOQ’s) in response to this RFQ. A Screening Committee will evaluate the SOQs received in accordance with the evaluation criteria specified herein. Up to three (3) of the top ranked Offeror(s) will then be invited to interview with the City. Following the interviews, the final highest ranked Offeror will be invited to enter into negotiations with the City. As further described herein, the initial scoring for the SOQ will be used for the shortlist / interview invite, and the final scoring following the interviews will then be used to determine the final highest ranked Offeror. The interview evaluation will be used to determine the final SOQ score and rank.

SUBMITTAL DUE DATE: Wednesday, December 17, 2025 AT 2:00 pm LOCAL AZ TIME

PRE-SUBMITTAL MEETING DATE: Monday, November 3, 2025

TIME: 11:00 am LOCAL AZ TIME

LOCATION: Microsoft Teams

CLICK TO JOIN THE MEETING

Meeting ID: 248 624 503 002 8 Passcode: e8dr7VM2 https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODAxMDJjNTgtM2RjZS00MmU1LWEzZjAtYTBmYzg2OGVmNDhi%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22de1302c3-4c28-4ff5-92ab-edd57dfd8a44%22%7d

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Or Dial in by Phone +1 213-293-2303,,189935612# United States, Los Angeles Find a local number Phone conference ID: 189 935 612#

QUESTIONS SHALL BE DIRECTED TO: Vanessa Guzman

(520) 837-4375 vanessa.guzman@tucsonaz.gov

Publication Dates: Wednesday, October 22, 2025 and Wednesday, October 29, 2025

Posted Date: Wednesday, October 15, 2025 tel:+12132932303,,189935612 https://dialin.teams.microsoft.com/2c60b41f-ade1-4bcb-8fa6-36d6e327015e?id=189935612

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B. INTRODUCTION

B.1. Summary

The City of Tucson, Tucson Water Department has the right to obtain Class A+ secondary treated effluent from Pima County’s Tres Rios Water Reclamation Facility (WRF) and intends to implement further advanced treatment for potable distribution, in compliance with Arizona Administrative Code, Title 18, Chapter 9, Article 8. The City intends to use a portion of land currently owned by Pima County, located immediately southeast of Tres Rios WRF, for the design and construction of a new Advanced Water Purification Facility capable of producing 2.5 million gallons per day (MGD). The purpose of the Project is to utilize a portion of the City’s local water resources, including its effluent entitlement, to diversify the City’s water resource portfolio. By purifying and reusing up to 2.5 MGD annually, the Project aims to improve water quality, water supply reliability, address distribution system capacity issues due to PFAS-related well shutdowns, and provide long-term conservation benefits for both the local community and the Colorado River system.

A draft Progressive Design-Build (PDB) contract will be attached to this RFQ via a formal solicitation addendum.

B.2. Background

In October 2023, City’s Mayor and Council adopted the One Water 2100 Plan (Plan). The Plan is Tucson’s comprehensive, long-range plan that aims to protect the reliability and quality of Tucson’s water supply through 2100. It recognizes the interconnectedness of our surface water, groundwater, recycled water, and stormwater supplies and plans for a future where the region’s water supply portfolio is increasingly diversified, and water demands are well managed. One of the strategies identified by stakeholders was to begin purifying recycled water to drinking water standards. The City has an agreement with the Bureau of Reclamation to build an advanced water purification facility in return for foregoing some of its Colorado River allocation that will help Tucson Water reduce reliance on surface and groundwater and maximize the use of local water resources.

By selecting the PDB delivery method for this Project, the City is committed to working in close collaboration with the selected Design-Builder during Phase 1 to develop a design that achieves the City’s objectives at a mutually agreeable guaranteed maximum price (GMP), schedule, and scope for the Phase 2 delivery of the Project. The City expects the Design-Builder to construct the Project, as designed, within the agreed-upon price and schedule, through commissioning, startup, performance testing and Project closeout. Commencing in the Phase 1 services period and continuing throughout Phase 2 of the Project, the City further expects the Design-Builder to work with the Operator to help ensure a seamless transition and efficient operations of the AWPF moving forward. The following Project-specific objectives are provided to give Offerors a better understanding of the Project and the work to be performed.

• Complete the design-build of an AWPF capable of producing 2.5 MGD of potable water with direct conveyance to the potable distribution system.

• Integrate the facility to receive effluent from the WRF as influent to the AWPF with product water from the AWPF in direct conveyance to the potable distribution system.

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• Achieve both Substantial Completion and Final Completion of the Project by June 1, 2031.

• Efficient use of the provided Bureau of Reclamation funding.

• Integration of the Project team (Designer, Builder, Operator, Owner) in a collaborative method to optimize Project delivery and make informed cost and risk decisions with a life-cycle cost focus.

• Establish a baseline model for future implementation of AWPFs in the Tucson Water network.

Estimated Procurement Schedule

The below schedule is intended to be an estimate only. All dates are subject to change.

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Activity / Milestone Anticipated Date

Issue RFQ October 15, 2025

Pre-Submittal Conference November 3, 2025

Deadline for Inquiries December 3, 2025

SOQs Due December 17, 2025

Shortlist January 2026

Interview Criteria/Instructions January 2026

Interviews January - February 2026

Selection Notification February 2026

Phase 1 Negotiations March 2026

Anticipated Contract Award Spring 2026

Kickoff Meeting Spring 2026

B.3. Contact Information

Vanessa Guzman Contract Officer Email: vanessa.guzman@tucsonaz.gov Phone: (520) 837-4375 Department:

Water Department

B.4. Timeline mailto:vanessa.guzman@tucsonaz.gov tel:(520)837-4375

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Issue Date October 15, 2025

Pre-Submittal Meeting (Non- Mandatory)

November 3, 2025, 11:00am

Microsoft Teams

Question Submission Deadline December 3, 2025, 4:00pm

Submittal Due Date December 17, 2025, 2:00pm

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C. SCOPE OF WORK

C.1. Scope of Work

A. The City's anticipated available funding for the design-build work is $86,700,000. The AWPF must be fully operational, having achieved both Substantial Completion, including successful completion of performance testing, and Final Completion (completion of all punch list items and Project closeout) by June 1, 2031. The Design-Builder will be responsible for the design and construction of the AWPF, including all associated water infrastructure, within the boundaries indicated in the exhibits provided with this RFQ, for integration of the Operator and Tucson Water into the design and construction of the Project, and for collaboration with the Operator on the successful transition to long-term operations and maintenance. The drawings and specifications shall set forth in detail the requirements for construction of the work and shall be based upon the permit(s) and requirements of ADEQ, industry standards of practice for this type of facility, applicable City Water Department Specifications and Standard Details, Tucson Water Design Standards, local and federal funding requirements, and all laws and regulations enacted at the time of their preparation. Tucson Water Standards and Specifications may be found at url: https://www.tucsonaz.gov/Departments/Water/Contractors- Developers-and-Engineers

B. A preliminary Phase 1 scope is set forth in Attachment D. The final scope of Phase 1 services is expected to consist of piloting, preliminary engineering, design development, construction planning, cost estimating, and preconstruction management services during design in close collaboration with the City and the Operator. With the progression of the design, the services will include development of a definitive Phase 2 Proposal, including a GMP, firm schedule, design and construction requirements, and final design services, for the completion of all Phase 2 services. The Phase 2 Proposal will be developed in a collaborative and transparent (open book) process and will be based on the Project’s design, goals, and permitting, and will include supporting documentation, such as detailed construction cost estimates, quotes from subcontractors and suppliers, and contingency developed from a collaborative risk review process. The Phase 2 services will include final design (based on the design and construction requirements in the Phase 2 Proposal), construction, startup, commissioning and performance testing for the Project. Each Offeror, as a part of its SOQ, will provide a draft of its proposed Scope of Work for Phase 1 Services that will describe and detail the Offeror’s proposal for how Phase 1 will be carried out. Refer to Attachment C for additional details. The example scope of work set forth in Attachment D is provided for consideration by each Offeror in preparation of its proposed scope for Phase 1 services. For clarity, Offerors are not required to use the included scope of work but should consider the information in developing their SOQs.

C. The Design-Builder team will work with a Tucson Water representative, the City’s Owner’s Advisor and the Operator for Project reviews and approvals. The Design-Builder shall be responsible for engaging with Tucson Water’s Public Affairs Division for public engagement and notifications.

D. The Design-Builder shall be adequately registered to perform construction and engineering services in the State of Arizona and shall have a professional engineer registered in the State of Arizona included in the Project team to ensure the design plans are correctly submitted to all https://www.tucsonaz.gov/Departments/Water/Contractors-Developers-and-Engineers https://www.tucsonaz.gov/Departments/Water/Contractors-Developers-and-Engineers

BUSINESS SERVICES DEPARTMENT Page 10 of 31 required jurisdictional entities (ADEQ/PDEQ, etc.) for approval and/or compliance with all requirements. As stated herein, all licenses shall be provided within the Offerors response to this RFQ.

C.2. Design-Builder Responsibilities

A. Minimum requirements:

A. A permitted and operational AWPF capable of producing 2.5 MGD of potable water on a continuous basis, with the following components:

a. Tie-ins to the Tres Rios WRF (effluent from Tres Rios to AWPF, brine/concentrate from AWPF to Tres Rios), and the City’s reclaimed system (as a secondary supply to the

AWPF)

b. Tie-ins to Tucson Water’s existing potable distribution system

c. Advanced water purification facility (The preliminary treatment concept developed by the City consists of a treatment train capable of meeting or improving water quality in the distribution system. The final treatment concept and components are to be finalized by the Design-Builder in collaboration with the Project team).

d. Product storage and high service pump station

e. Water quality and testing equipment

f. Administration buildings

g. Coordination of electrical service at AWPF site

h. Site/Civil improvements

A. Project Management

B. Pilot Study Plan and Pilot Study Report

C. Pilot Design, Construction, and Operations

D. Coordination with Pima County, Tucson Water, Tucson Water’s Owner’s Advisor (HDR), ADEQ, and the Operator, including public relations responsibility including providing site access to media, press interviews, and other public outreach

E. Development and agreement on Basis of Design Report (BODR)

F. Design plans created using Tucson Water Design standards & Tucson Water Standard Specifications and Details at: Phase 1, Design and Preconstruction to BODR, 30% & 60%;

Phase 2, Final Design and Construction to 90% & 100% design

G. Complete Phase 2 cost estimates at BODR and 30%, and 60% design phases (including stated AACE estimate class at each milestone)

H. Process reviews, value engineering, constructability throughout Phase 1

I. Obtain ADEQ Advanced Water Purification Permit(s) and all required components of those permits

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J. Obtain written Approval to Construct (ATC) and written Approval of Construction (AOC) for all new construction from ADEQ

K. Environmental clearance as required by National Environmental Policy Act (NEPA)

L. Planning and development services permits from the appropriate jurisdictions

M. Abide by all federal requirements associated with federal funding including and not limited to Davis Bacon, Buy America, Build America, etc.

N. All traffic control for construction

O. Designer/engineer shall submit sealed engineered stamped record drawings

P. Implementing a quality control and checkout program confirming completion of construction, readiness or startup/commissioning and operation, including, as needed, any hydrostatic testing and disinfection new water work

Q. Management and Administration of Construction

R. Startup, Commissioning and Performance Testing Services

As noted in the Introduction, the Design-Builder will provide services in two distinct phases. A preliminary scope of the Phase 1 Services is provided in Attachment D, as described in Scope of Work Section C.1.B, and the expected roles during both Phase 1 and Phase 2 are described below.

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Role Owner / Owner's Responsibilities

Design-Builder

Project Management

• Make day-to-day decisions

• Approve design and construction plans

• Manage contracts with HDR and Design- Builder

• Provide Project funding

• Approve scope and scope changes

• Procure Operator

• Coordinate with Design- Builder and Operator

• Single point of contact with the Owner’s Project Manager

• Develop and implement Project management and quality management plans

• Perform risk management and mitigation activities

• Establish and maintain a change management plan

• Develop and implement Project health and safety practices

• Facilitate resolution of Project issues and challenges

• Engage/collaborate with the Owner and Operator in implementation of the Project, including in Phase 2 services to ensure smooth transition from DB to O.

Design

Management

• Review design deliverables

• Participate in design development workshops

• Provide input into design

• Participate in technology decisions

• Participate in design development decisions that impact operations and maintenance activities

• Coordinate with Operator

• Lead engineering and design team resources

• Provide for constructability reviews of design by builder and ensure builder input to the design is adequately discussed and included

• Ensure Owner and Operator input to the design is adequately discussed and included

• Develop design deliverables

• Recommend technology solutions

• Facilitate review of construction submittals and verify design intent is being met during construction

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Preconstruction Services

• Review Phase 1 deliverables and submissions

• Furnish existing studies and data including record drawings, preliminary studies, etc.

• Provide Operator access to DB team

• Provide access to site/easements

• Obtain government approvals and permits for which the Owner is responsible

• Review the Phase 2 Proposal; negotiate the Phase 2 Amendment in good faith

• Provide an independent cost estimator to support cost reviews and confirm estimate basis

• Manage interface between design, construction, and operations team members

• Prepare and maintain a Project cost model and Project schedule

• Provide constructability input during Phase 1

• Prepare equipment and subcontract procurement plan

• Develop an operations integration plan during piloting, startup, commissioning and performance testing; include Operator in initial operations.

• Develop Phase 2 Proposal, negotiate Phase 2 Amendment in good faith.

• Provide additional Owner-requested, Project-specific services necessary for Project success

• Obtain government approvals and permits for which the Design- Builder is responsible

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Construction Services

• Participate in construction Project meetings

• Monitor construction activities

• Deliver constructed work

• Manage self-performing and subcontracted work

• Manage craft labor

• Maintain site safety and security

• Perform engineering services during construction

• Obtain and comply with government approvals and permits for which the Design- Builder is responsible

• Provide warranty coverage for constructed work

• Maintain and transmit record drawings to the Owner at construction completion

Commissioning, Startup, and Performance Evaluation

• Participate in the early development of the facility commissioning plan

• Engage meaningfully in commissioning, startup, training, and testing activities and prepare for handoff from Design- Builder to Operator

• Coordinate construction activities with and lead assigned testing, commissioning, startup, training, and performance evaluation activities, coordinating with Owner and Operator to minimize impacts

• Successful completion of performance testing

• Provide timely and complete submission of manufacturer’s equipment O&M materials

• Prepare facility O&M manual

The City expects that all Key Firms and Key Personnel (defined below) will be available to provide the services indicated in the SOQs for the Project. Offerors are advised that all Key Firms and Key Personnel identified in the SOQ shall remain on the Project Team for the duration of the procurement process and execution of the Project.

The anticipated dates for award of the PDB Contract and for completion of the Project are set forth in the Estimated Procurement Schedule in the Introduction. Key Personnel must be committed to the Project for the project duration and changes may not be accepted, unless they no longer work for the specific firm or the City otherwise agrees that a change is appropriate for good cause shown. If

BUSINESS SERVICES DEPARTMENT Page 15 of 31 extraordinary circumstances require a change, it must be submitted in writing to the City contact, and the City, at its sole discretion, will determine whether to authorize a change, recognizing that certain circumstances (such as termination of employment) may occur that are beyond the Design-Builder’s control.

C.3. Phasing of Work

A. The City anticipates that the Design-Builder will develop, and undertake the Project in accordance with, a phasing plan that includes early works package(s) to achieve the stated goals and scope within the stated timeline.

B. Offerors shall address their proposed approach to phasing of the work in their SOQs, and the City will evaluate the proposed approach through its SOQ review and interviews with the shortlisted Offerors.

C.4. City Owner's Advisor Team

A. The City has retained the following entities to serve as its consultant support team for the project:

1. HDR Engineering, Inc.

2. Hawkins, Delafield & Wood LLP

B. The City reserves the right to add additional members to its consultant support team for the Project. In the event a new team member is added, the City will make the information available in a timely fashion to all potential Offerors. Offerors are advised that no person or firm named as part of the City’s Consultant Support Team may be included as part of an Offeror team.

C. Members of the consultant support team may assist the City in preparation of the RFQ and may provide technical support to the City’s evaluation committee. However, members of the consultant support team will not act as voting members of the evaluation committee. Members of the consultant support team may also provide PDB Contract oversight, including design reviews, construction monitoring, and performance monitoring.

C.5. Exclusions to Scope

A. Right of way and property acquisition

B. Strategic communications

C. Owner’s advisory support

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D. INSTRUCTIONS TO OFFERORS

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

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

Agency or User Department: Used interchangeably to mean the City department or division responsible for managing the project.

City or COT: The City of Tucson, Arizona

Contract: The legal agreement executed between the City and the Design-Builder.

Design-Builder: The Offeror 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 Design-Builder's performance under the Contract.

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

May: Indicates something that is not mandatory but permissible.

Offeror: A design-build firm who submits a proposal in response to this RFQ.

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, in its discretion, ask the Offeror to provide the information or evaluate the SOQ without the information.

D.2. PRE-SUBMITTAL MEETING

If scheduled, the date and time of a Pre-submittal conference is indicated in Notice. 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-submittal conference questions may be submitted in writing in accordance with Section D.3. The purpose of this conference will be to clarify the contents of this Request for Qualifications in order to prevent any misunderstanding of the City's position. Any doubt as to the requirements of this Request for Qualifications 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 addendum to the Request for Qualifications. Oral statements or instructions will not constitute an addendum to this Request for Qualifications https://procurement.opengov.com/portal/tucson-az/projects/192684/document?section=1791659

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D.3. INQUIRIES

Any question related to the Request for Qualifications shall be directed to the Contract Officer whose name appears above. Offerors are encouraged to submit written questions, via electronic mail, to the Contract Officer before the deadline for inquiries set forth above. An Offeror shall not contact or ask questions regarding this Request for Qualifications or the Project of any representative of the department for whom the requirement is being procured other than the Contract Officer. The Contract Officer may require any and all questions be submitted in writing. Any correspondence related to a solicitation should refer to the appropriate Request for Qualifications number, page and paragraph number. Oral interpretations or clarifications will be without legal effect. Only questions answered by a formal written addendum to the Request for Qualifications will be binding.

D.4. ADDENDUM OF SOLICITATION

The City reserves the right to amend or modify this RFQ at any time prior to the SOQ due date by issuing addenda, which will be posted to the Business Services Department’s Internet site at https://procurement.opengov.com/portal/tucson-az . Offeror shall acknowledge receipt of addenda in its SOQ.

D.5. FAMILIARIZATION OF SCOPE OF WORK

Before submitting an SOQ, each Offeror shall familiarize itself with the contents of this RFQ, including the draft PDB Contract and all other attachments to this RFQ, and with the Scope of Work and all laws, regulations and other factors affecting contract performance. The Offeror shall be responsible for fully understanding the requirements of the subsequent PDB Contract and shall otherwise satisfy itself as to the expense and difficulties accompanying the fulfillment of contract requirements. The submission of an SOQ will constitute a representation of compliance by the Offeror.

D.6. PREPARATION OF STATEMENT OF QUALIFICATIONS

A. Specific submittal and evaluation requirements can be found under Evaluation Criteria section.

B. All submittals shall be on the forms provided in this Request for Qualifications package. It is permissible to copy these forms as required. Facsimiles or electronic mail proposals shall not be considered.

C. At a minimum, the Statement of Qualifications includes the signed Offer form, confirmation of receipt of any addenda and responses to all evaluation criteria.

D. The Offer page shall be signed by a person authorized to submit an offer. An authorized signature on the Offer Page and cover letter are required for compliance.

E. It is the responsibility of all Offerors to examine the entire Request for Qualification package and seek clarification of any requirement that may not be clear by the stated Inquiries deadline and to check all responses for accuracy before submitting a response.

F. Offeror must list any design subcontractors or subconsultants (providing any services) and any construction subcontractors that are 1) integral to the Offeror’s performance of the work, 2) may perform greater than 10% of the direct construction work, and 3) committed to the Offeror https://procurement.opengov.com/portal/tucson-az

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D.7. SUBMITTAL FORMAT

A statement of qualifications should be submitted on the forms and in the format specified in the solicitation. Any information that the Offeror requested to be held as confidential shall be clearly marked as such. The material should be in sequence and related to the solicitation. The sections of the submittal should be organized and clearly identifiable. Failure to include the requested information may be grounds for disqualification or have a negative impact on the evaluation of the Offeror's submittal.

D.8. EXCEPTIONS TO CONTRACT PROVISIONS

A response to any Request for Qualifications is an offer to contract with the City based upon the SOQ and the contract provisions contained in the City's Request for Qualifications, including but not limited to, the specifications, scope of services 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 in their submittal. However, the provisions of the Request for Qualifications cannot be modified without the express written approval of the Director of Business Services or their designee.

D.9. PUBLIC RECORD

All statements of qualifications submitted in response to this Request for Qualifications shall become the property of the City and shall become a matter of public record available for review subsequent to the award notification, subject to Section D.10 below.

D.10. CONFIDENTIAL INFORMATION

The City of Tucson is obligated to abide by all public information laws. If an Offeror believes that any portion of a submittal, 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 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. If the confidential request is denied, such information shall be disclosed as public information, unless the Offeror submits a formal written objection and, if necessary, secures a protective or other appropriate order from a court of competent jurisdiction enjoining the release of the information. The City intends to use reasonable efforts to notify an Offeror prior to the release of any such information, but is under no obligation to do so. The City will not under any circumstance be responsible for securing a protective order or other relief enjoining the release of any information marked confidential, nor will the City be in any way financially responsible for any costs associated with securing any such order or for any loss associated with the release of information marked confidential or otherwise. The City makes no representation or warranty as to the ability of any Offeror to secure a protective order or other relief enjoining the release of information marked confidential.

D.11. CERTIFICATION

By signature on the Offer page or cover letter accompanying the submittal documents, Offeror certifies:

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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, 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.

D.12. WHERE TO SUBMIT STATEMENT OF QUALIFICAITONS

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

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

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

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

DEADLINE WILL NOT BE CONSIDERED.

D.13. LATE SUBMITTALS

Late submittals will be rejected.

D.14. OFFER AND EXECUTION

Offerors shall submit the Offer and Acceptance page located in this RFQ with their submittal, acknowledging (i.e. signature) their intent to enter into negotiations on this solicitation.

D.15. 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 one-hundred eighty (180) days after the submittal due date and time.

D.16. WITHDRAWAL OF SUBMITTAL

At any time prior to the specified solicitation due date and time, an Offeror may formally withdraw the submittal by a written letter, facsimile or electronic mail from the Offeror or a designated representative.

Telephonic or oral withdrawals shall not be considered.

D.17. CONTRACT NEGOTIATIONS

At the completion of the evaluation process, the City may enter into negotiations with the top ranked Offeror to determine fees, and to negotiate any other portion of the PDB Contract deemed by the City to be necessary. Note that the Offeror will provide its proposed Phase 1 Scope of Work and Phase 1 Schedule with its SOQ. Following selection, the City and Offeror will seek to align on the submitted

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Scope of Work and negotiate associated fees for the time allotted in the procurement schedule set forth above in this Article D. In the event that the City is not able to negotiate successfully with the top ranked Offeror, the City shall cease negotiations with that Offeror and either begin negotiations with the next ranked Offeror or may choose to cancel the solicitation in its entirety. In the event that the City is not able to negotiate successfully with the next ranked Offeror, the City shall cease negotiations with that Offeror and either begin negotiations with the third ranked Offeror or may choose to cancel the solicitation in its entirety. The City intends to award the PDB Contract to the Offeror whose SOQ, interview and subsequent negotiation is most advantageous to the City.

Offeror may include in its SOQ a detailed markup of the Draft PDB Contract (including its exhibits) setting forth all revisions requested by the Offeror. This includes the Offeror specifically reviewing the payment provisions and risk allocation for the Phase 2 services, with the understanding that such provisions will be established at PDB Contract execution and not subject to renegotiation with the Phase 2 Proposal. Such comments may take any form that is convenient to the Offeror but shall include, at a minimum, redlines of the Draft PDB Contract and a tabulated record of revisions requested including the rationale for proposed revisions and the associated benefits to the City. Prior to the date set forth in Section D, Instruction to Offerors, Deadline for Inquiries, Offerors are encouraged to suggest revisions that would more efficiently allocate risk, improve the parties’ understanding of risk allocation, and improve clarity of any terms of the Draft PDB Contract where ambiguities or uncertainties may arise in their application or interpretation.

The City is not obligated to accept any of the requested exceptions, modifications, additions, etc., submitted by the Offeror when negotiating and finalizing the PDB Contract. Furthermore, the City may request additional revisions during negotiations and before finalizing the PDB Contract. Although the City expects to undertake negotiations of the PDB Contract, the submitted markup of the draft PDB Contract will be treated as a de facto offer from the Offeror that the City can accept as is.

D.18. VENDOR REGISTRATION; BUSINESS LICENSE

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

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

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

(520) 791-4566 or email at license@tucsonaz.gov

D.19. UPON NOTICE OF INTENT TO AWARD

The apparent successful Offeror, following negotiations with the City, shall sign and file with the City, within five (5) days after Notice of Intent to Award, all documents indicated as required in the Notice of Intent to Award, including but not limited to certificate of insurance, confirmation of surety, and signature page(s), as applicable, of the PDB Contract and those necessary for successful execution of the PDB Contract.

D.20. AWARD OF CONTRACT

Notwithstanding any other provision of the Request for Qualifications, the City reserves the right to:

mailto:license@tucsonaz.gov

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A. waive any immaterial defect or informality; or

B. reject any or all SOQs; or

C. reissue the Request for Qualifications.

A response to this solicitation is an offer to enter into negotiations and contract with the City based upon the SOQ and the terms, conditions, and specifications contained in the City's solicitation. Submittals do not become contracts unless and until they are executed by the City's Director of Business Services and the City Attorney.

D.21. SUBMITTAL RESULTS

The name of the successful Offeror will be posted on the Business Services Department’s Internet site at https://procurement.opengov.com/portal/tucson-az upon issuance of a Notice of Intent to Award or upon final contract execution.

D.22. PROTESTS

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

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

B. The signature of the protestant or its representative;

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

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

E. The form of relief requested.

D.23. EVALUATION PROCESS OVERVIEW

All submittals shall be evaluated in accordance with Arizona Revised Statutes Title 34 Chapter 6 and the evaluation criteria stated herein.

D.24. (ADA) AMERICANS WITH DISABILITIES ACT

The Contractor shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 (Public Law 101-336, 42 U.S.C. 12101-12213, 47 U.S.C. 225 and 611, and all regulations thereto), and the Arizonans with Disabilities Act of 1992 (A.R.S. 41-1492 et seq.), and all regulations pertaining.

https://codelibrary.amlegal.com/codes/tucson/latest/tucson_az/0-0-0-21370

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D.25. EXPENSES OF OFFERORS

The City accepts no liability for the costs or expenses incurred by the Offerors in responding to this RFQ, in providing responses to clarification requests, in making resubmittals, in participating in any interviews or in connection with any other activities included as part of this procurement process. Each Offeror that enters into the procurement process shall prepare the required materials and submittals at its own expense and with the express understanding that they cannot make any claims whatsoever for reimbursement from the City or from any of its employees, advisors or representatives for the costs and expenses associated with the process, including, but not limited to, costs of preparation of the SOQ, loss of anticipated profits, loss of opportunity or for any other loss, cost or expense.

D.26. RIGHTS OF THE OWNER

A. An appropriately qualified selection committee shall evaluate the statements of qualifications and performance data that are submitted in response to the City’s request for qualifications for the proposed contract. Evaluation criteria is specified in the RFQ.

B. If determined by the City and included by the City in the request for qualifications, conduct discussions with at least the number of persons or firms to be included on the short list as stated in the request for qualifications but not more than the number of persons or firms to be included on the short list plus two as specified in the request for qualifications regarding the contract and the relative methods of approach for furnishing the required professional services or construction services.

C. In order of preference, based on criteria established and published by the selection committee and included in the request for qualifications, select a short list of persons or firms the selection committee deems to be the most qualified to provide the design-build services for the Project.

Those firms may then be asked to provide presentations/interviews with the selection committee. Criteria for the presentation/interviews may be different than those listed in the RFQ with the interviewees being provided the criteria prior to the presentations/interviews.

D. Subject to its reserved rights hereunder, the City shall enter into negotiations for the PDB Contract with the highest qualified Offeror. The negotiations shall include consideration of compensation and other contract terms that the City determines to be fair and reasonable to the City. In making this decision, the City shall take into account the estimated value, the scope, the complexity and the nature of the professional services or construction services to be rendered. If the City is not able to negotiate a satisfactory contract with the Offeror considered to be the most qualified at compensation and other contract terms the City determines to be fair and reasonable, the City shall formally terminate negotiations with that Offeror. The City may undertake negotiations with the next most qualified Offeror in sequence until an agreement is reached or a determination is made to reject all Offerors on the short list.

If a contract for construction services is entered into pursuant to this subsection, construction shall not commence until the City and Design-Builder agree in writing on a fixed price or a guaranteed maximum price for the construction to be commenced.

E. The contract file shall contain the basis on which the award is made.

F. In connection with this procurement process, including the receipt and evaluation of SOQs and development of the short list, the City reserves to itself (at its sole discretion) all rights available

BUSINESS SERVICES DEPARTMENT Page 23 of 31 to it under applicable law, including without limitation, with or without cause, and with or without notice, the right to:

1. Cancel, withdraw, postpone, or extend this RFQ, in whole or in part, at any time prior to the execution of the PDB Contract, without incurring any obligations or liabilities.

2. Modify the procurement schedule.

3. Suspend and terminate the procurement process or terminate evaluations of SOQs received.

4. Permit corrections to data submitted with any SOQ.

5. Hold meetings and interviews, and conduct discussions and correspondence, with one or more of the Offerors to seek an improved understanding of any information contained in an

SOQ.

6. Seek or obtain, from any source, data that has the potential to improve the understanding and evaluation of the SOQs.

7. Seek clarification from any Offeror to fully understand information provided in the SOQ and to help evaluate and rank the Offerors.

8. Reject an SOQ containing exceptions, additions, qualifications, or conditions not called for in the RFQ or otherwise not acceptable to the Owner.

9. Conduct an independent investigation of any information, including experience, included in an SOQ by contacting project references, accessing public information, contacting independent parties, or any other means.

10. Request additional information from an Offeror during the evaluation of its SOQ.

D.27. USE OF FEDERAL FUNDS

This project is being funded with a federal grant from the Bureau of Reclamation. Additional requirements will apply to the contract, including Disadvantaged Business Enterprise (DBE) Provisions, Davis Bacon and Related Acts (DBRA) Provisions, and the Bureau of Reclamation (BOR) Terms and Conditions, which are included as attachments to this RFQ. The DBE Provisions will be amended into the RFQ via a solicitation addendum at a later date.

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E. SELECTION PROCESS

E.1. SELECTION PROCESS - TWO STEP

The SOQs will be reviewed and evaluated by the Owner’s evaluation committee (with assistance provided by outside advisors if desired by Owner) according to the requirements and criteria outlined in this solicitation. During the SOQ evaluation process, written questions or requests for clarification may be submitted to one or more Offerors regarding its SOQ or related matters. Failure to respond in a timely manner to any such questions or requests may be grounds for elimination of the Offeror from further consideration.

The selection process is provided below:

• A qualified committee will short-list the Offerors based on the SOQ with the short-listed Offerors being invited to participate in Interviews with the intent of selecting the most qualified firm to enter into negotiations for a contract.

• Scoring will not be cumulative from the short-listing to the Interviews. Interview scoring will consist of rescoring the same criteria from Step 1. The committee shall rank the firms on the rescored criteria with the intent of entering into negotiations with the highest qualified firm.

E.2. INTERVIEWS

Shortlisted firms will be scored utilizing the same evaluation criteria from Step 1, however, additional information may be requested for the Second Step interviews. Interviews are intended to allow the Offerors an opportunity to further explain their SOQ. Interviews will be limited to 90 minutes, providing 30 minutes for a presentation where the Offeror will discuss their SOQ including project approach, risks, challenges and potential solutions and where the Offeror’s creativity and innovation will be beneficial to reducing Project cost, schedule, and risk. The presentation will be followed by up to 30-60 minutes of a mix of prepared questions, questions posed by selection committee members, and up to 2 live workshop style questions. Interview attendees are limited to the Offerors Key Personnel plus 1 individual for A/V and notes.

E.3. STATEMENT OF QUALIFICATIONS (SOQ) CONTENT

The content requirements set forth in this RFQ represent the minimum content requirements for the SOQ. It is the Offeror’s responsibility to include information in its SOQ to present all relevant qualifications and other materials. The SOQ, however, should not contain standard marketing or other general materials. It is the Design-Builder’s responsibility to modify such materials so that only directly relevant information is included in the SOQ.

The SOQ should include the following information in the order listed below:

• Cover Letter

• Part 1—Design-Builder Profile and Key Firms

• Part 2—Project Team Structure and Key Personnel

• Part 3—Relevant Project Experience

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• Part 4—Project Approach

• Part 5—Subcontractor Selection Plan

• Appendix A—Forms for Affirmation of Compliance o Offer Form only

• Appendix B—Supporting Financial and Company Documentation (submit under separate cover) o In accordance with Attachment C

• Appendix C—Project References and Resumes o Should include all project references and resumes for all Key Personnel listed in SOQ in accordance with Attachment C

• Appendix D—Draft PDB Contract Comments (optional) o Any exceptions to the PDB Contract terms and conditions pursuant to section D.8.

Exceptions to Contract Provisions under Instructions to Offerors

• Appendix E—Additional Attachments o Other attachments provided by the Offeror in support of the SOQ as applicable

E.4. SUBMISSION FORMAT

The SOQ shall be formatted as follows:

• Page limit: The SOQ must not exceed 30 total pages, excluding the cover letter, index and/or table of contents, front and back covers, title pages/separation tabs, and appendices. The SOQ may include up to five (5) 11 × 17 trifold format; each 11 x 17 counts as two pages. There are no font type or size requirements.

• Bookmarks: The submitted PDF must contain bookmarks for each section listed in Section E.3.

• Front Cover: SOQ front cover shall be labeled:

o Offeror Name o Project Title o Solicitation Number o Date of Submittal

E.