Amphi_Housing_Resource_Center_(HRC)_Design_Build_(Addendum_#2_Revision).pdf

CITY OF TUCSON

REQUEST FOR QUALIFICATIONS

260140

AMPHI HOUSING RESOURCE CENTER (HRC) DESIGN BUILD

Due Date: Thursday, February 26, 2026

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/225663

PUBLISH DATE: January 14, 2026 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. 260140

BUSINESS SERVICES DEPARTMENT Page 2 of 82 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Casey Adams

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-4128

Attachments:

A - Offer and Acceptance B - HUD SBE DBE Provisions January 2026 C - Conceptual Land Use Plan D - TNC - Conceptual Site Plan - 1.8.25

E - HUD-SECTION_3_(FY26)

F - HUD-5369

G - HUD-5370

H - HUD-51915

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A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR QUALIFICATIONS NO 260140

Amphi Housing Resource Center (HRC) Design Build

The City of Tucson, pursuant to ARS Title 34, is conducting a competitive One-Step Process to select a qualified design consultant/general contractor to provide design services and construction service as the Design Build for design and construction improvements for Amphi Housing Resource Center (HRC) Design Build. The estimated cost for the entire project is $2,800,000.

The City invites interested firms to submit written Statements of Qualifications (SOQs) relating to this solicitation. A Screening Committee will evaluate firms’ qualifications and experience with similar projects. The top ranked firm(s) will then be invited to enter into negotiations with the City of Tucson.

SUBMITTAL DUE DATE: Thursday, February 26, 2026 AT 2:00 pm LOCAL AZ TIME

PRE-SUBMITTAL MEETING DATE: Wednesday, February 4, 2026

TIME: 8:00 am LOCAL AZ TIME

LOCATION: In-Person: 250 W King Rd, Tucson, AZ 85705

QUESTIONS SHALL BE DIRECTED TO: Casey Adams

(520) 837-4128 casey.adams@tucsonaz.gov

Publication Dates: Wednesday, January 21, 2026 and Wednesday, January 28, 2026

Posted Date: Wednesday, January 14, 2026

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B. INTRODUCTION

B.1. Summary

Housing First Resource Center at Amphi will be an adaptive reuse of a Fire Station building known as Station Eight. The site will be a low-barrier shelter that will have approximately 50 to 100 bed spaces.

The shelter will primarily serve adults, offering a safe environment, connections to housing assistance, and services to help support people experiencing homelessness. This will allow them to connect with essential support services and provide access to more stable and permanent housing options. The shelter will include both congregate shelter inside the facility and a non-congregate area that will include an enclosed, climate-controlled semi-permanent structure that will have electricity and be climate controlled. The site will have restrooms, showers, laundry, storage, , pet friendly areas, and meal preparation facilities.. The location, Amphi neighborhood, has few resources for homelessness and this site will fill a critical gap that exists for shelter and services.

The environmental review process for this project is currently underway as the City of Tucson.

Our strategy includes working with a team to design a facility that will address all major structural issues, roofing, electrical, and plumbing. The Economic Development Initiative grant will support the partial demolition and purpose driven rehabilitation of the facility. This will enable the Center to be specifically redeveloped in such a way as to maximize the space and funding to meet the needs of the community.

Sidewalk and lighting installations will be a secondary project which will allow for safe access to the site and increase lighting and safety in the neighborhood. Environmental review has been started for this project.

B.2. Background

This project addresses the devastating impacts homelessness has on the lives and wellbeing of the individuals who experience it. This project, using a Housing First approach and low-barrier shelter is a priority for the City of Tucson that allows the critical work of moving people into permanent housing.

This project will also help reduce demand on law enforcement, emergency health services, and other City services through city-wide coordination with first responders.

The primary goal of this project to address equitable access to housing and services by providing low-demand shelter for vulnerable, high-need households experiencing homelessness. This population is disproportionately unlikely to access traditional shelter or services. The project’s progressive engagement approach will focus on building rapport and trust with unsheltered individuals and then, during shelter residence, promote further engagement to reduce barriers and fears regarding transition to longer-term housing services.

B.3. Contact Information

Casey Adams Principal Contract Officer Email: casey.adams@tucsonaz.gov Phone: (520) 837-4128 mailto:casey.adams@tucsonaz.gov tel:(520)837-4128

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Department:

Housing and Community Development

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C. SCOPE OF WORK

C.1. 1. Primary Shelter Structure

A. Design & Construction: Provide an enclosed, climate-controlled semi-permanent structure approximately 80’ x 105’ in size.

B. Capacity & Layout: Accommodate up to 100 beds (Option A: 50-75, Option B: 75-100) with flexible layout options (e.g., dorm-style with potential separation by gender or privacy partitions).

C. Building Systems: Incorporate insulation, durable finishes, appropriate lighting, and infrastructure to support HVAC, fire suppression, and electrical systems.

D. Adaptability: Ensure the facility design supports future reconfiguration in line with the City’s Housing First and Village Housing Model framework.

C.2. 2. Foundation and Site Work

A. Structural Support: Design and construct all required foundations and slabs for the shelter and accessory structures.

B. Site Development: Provide grading, trenching, and stormwater management consistent with PAD requirements and green infrastructure strategies.

C. Access & Circulation: Include fire lane access, hardscape improvements, and site circulation for pedestrians and vehicles.

C.3. 3. Mechanical, Electrical, and Plumbing (MEP)

A. Systems Design: Provide climate control, fire alarm, fire sprinkler, and interior/exterior lighting systems.

B. Utility Connections: Complete all water, sewer, electric, and data service connections in coordination with local utility providers.

C. Infrastructure: Include service panels, conduits, and load calculations appropriate for long-term operational needs.

C.4. 4. Restroom Facilities

A. Design & Construction: Provide restroom facilities to include showers, if necessary, to meet local building and ADA Codes to serve up to 100 participants. (Option A: 50-75, Option B: 75- 100)

B. Compliance: Ensure facilities meet ADA accessibility, health, and building code requirements.

C. Integration: Connect to nearby water and sewer utilities with sufficient capacity for peak demand.

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C.5. 5. Site Enhancements

A. Security & Privacy: Install fencing, privacy gates, and secure vehicle/pedestrian access points.

B. Support Amenities: Provide a trash enclosure with screening, designated pet relief area/dog run, and landscaped buffers to meet PAD and neighborhood compatibility requirements.

C. Parking: Provide on-site parking consistent with zoning and operational needs.

C.6. 6. Environmental Mitigation & Hazard Removal

A. PFAS-Impacted Soils: Implement mitigation measures consistent with site assessments, likely capping impacted areas, with provisions for soil removal or containment if directed Mitigation Plan must be approved by COT Staff.

B. Other Hazards: Remove abandoned aboveground storage tank (AST) and remove decommissioned communications tower.

C. Environmental Compliance: Ensure construction sequencing, grading, and soil handling follow best practices given PFAS findings.

C.7. 7. Design Coordination and Approvals

A. City Coordination: Work closely with City of Tucson Housing & Community Development staff and stakeholders throughout design.

B. Community Engagement: Participate in engagement efforts as requested by the City to ensure neighborhood input is considered.

C. Permitting & Codes: Prepare and submit all required plans and documentation for permits;

comply with IBC, local code amendments, and PAD requirements.

C.8. 8. Construction Management

A. Project Delivery: Provide general contracting services, subcontractor management, and full construction oversight.

B. Schedule & Cost Control: Maintain project schedule and budget in alignment with Community Project Funding (CPF) requirements; provide cost estimates, value engineering, and milestone tracking.

C. Quality Control: Manage all inspections, testing, and commissioning processes.

C.9. 9. Federal Compliance and Reporting

A. Funding Requirements: Ensure compliance with CPF, HUD, and other applicable federal requirements including Buy America/Build America, Davis-Bacon (if triggered), Section 3, and environmental review.

B. Documentation: Maintain thorough cost tracking, reporting, and compliance records for federal audit and oversight.

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C. Meetings & Reports: Participate in regular progress meetings, provide updates to City leadership, and submit federally required milestone reports.

C.10. 10. Close-Out and Deliverables

A. Turnover: Deliver a fully operational shelter facility, including all systems, furnishings, and site amenities as defined in the approved design.

B. Documentation: Provide as-built drawings, warranties, O&M manuals, and CPF compliance documentation.

C. Final Report: Submit a final project summary documenting design, construction, environmental mitigation, and compliance outcomes.

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D. INSTRUCTIONS TO OFFERORS

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

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

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

City (COT): The City of Tucson, Arizona

Contract: The legal agreement executed between the City and the Contractor/Contractor.

Contractor/Contractor: 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 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: 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.

D.2. PRE-SUBMITTAL MEETING

A Pre-Submittal Meeting will be held at the date and time stated on the cover page of this solicitation, if such a date and time is provided. Attendance at this meeting is not mandatory, but written minutes and/or notes regarding the meeting will NOT be provided, so attendance is encouraged. The purpose of this meeting will be to clarify the contents of this solicitation in order to prevent any misunderstanding of the City's position.

D.3. INQUIRIES

Any question related to the Request for Qualifications 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, at least nine days prior to the submittal due date. Any correspondence related to a solicitation should refer to the appropriate Request for Qualifications number, page and paragraph number. Oral interpretations or clarifications

BUSINESS SERVICES DEPARTMENT Page 10 of 82 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

Solicitation Addenda will be posted on the City’s link to the online bidding website. Offeror is responsible for checking the webpage regularly for new solicitation addenda and must acknowledge each addendum to this solicitation in its submittal. Please note that vendors who have registered with the Business Services Department at https://procurement.opengov.com/portal/tucson-az and follow the City of Tucson will receive email notifications of solicitation addenda.

D.5. FAMILIARIZATION OF SCOPE OF WORK

Before submitting a statement of qualifications, 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 statement of qualifications 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.

D.6. PREPARATION OF STATEMENT OF QUALIFICATIONS

A. 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.

B. At a minimum, your statement of qualifications should include the signed Offer form, signed copies of any solicitation addenda and your response to all evaluation criteria.

C. The Offer page shall be signed by a person authorized to submit an offer. An authorized signature on the Offer Page, solicitation Addendum(s), or cover letter accompanying the submittal documents shall 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 submittal shall initial erasure, interlineations or other modifications on the submittal.

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 and to check all responses for accuracy before submitting a response. Negligence in preparing a submittal confers no right of withdrawal after due date and time.

F. The City shall not reimburse the cost of developing, presenting, submitting or providing any response to this solicitation.

G. 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.

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, clearly identifiable, and should include a minimum of the following sections: the completed Offer Form, all signed addenda and the offeror’s response to the Evaluation Criteria. Failure to include the requested information may 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 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 or his designee. Proposed modifications or exception to the indemnification language herein shall not be considered. If an 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 Qualifications shall prevail.

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.

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 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. If the confidential request is denied, such information shall be disclosed as public information, unless the offeror submits a formal written objection.

D.11. CERTIFICATION

By signature on the Offer page, solicitation Addendum(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.

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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 Submittal Due Date, 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 ACCEPTANCE

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 ninety (90) 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 Contract deemed by the City to be necessary. 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

BUSINESS SERVICES DEPARTMENT Page 13 of 82 its entirety. Award shall be made to the Offeror whose submittal and subsequent negotiation is most advantageous to the City

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

D.20. AWARD OF CONTRACT

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

A. waive any immaterial defect or informality; or

B. reject any or all proposals, or portions thereof; 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 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. All of the terms and conditions of the solicitation shall be incorporated in the Contract, unless any of the terms and conditions are modified by a solicitation addendum, a contract addendum, or by mutually agreed terms and conditions in the final contract documents

D.21. SUBMITTAL RESULTS

The name(s) of the successful offeror(s) 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. 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;

https://procurement.opengov.com/portal/tucson-az mailto:license@tucsonaz.gov

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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.

D.25. REQUEST FOR QUALIFICATIONS

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.

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 professional services or construction services. The number of persons or firms on the short list shall be the number of persons or firms specified in the request for qualifications. 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 and weighting prior to the Presentations/Interviews.

D. The City shall enter into negotiations for a contract with the highest qualified person or firm for the professional services or for the construction services. 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 person or firm 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

BUSINESS SERVICES DEPARTMENT Page 15 of 82 with that person or firm. The City may undertake negotiations with the next most qualified person or firm in sequence until an agreement is reached or a determination is made to reject all persons or firms 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 contractor 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.

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E. SELECTION PROCESS

E.1. ONE-STEP - STATEMENT OF QUALIFICATIONS (SOQ)

For One-Step solicitations, a qualified committee will evaluate the SOQs submitted and determine the offeror(s) most qualified to enter into negotiations for a contract.

E.2. STATEMENT OF QUALIFICATIONS (SOQ)

All submittals shall include any and all forms provided in this solicitation package. It is permissible to copy these forms as required. The offer form shall be submitted with a signature by the person authorized to sign the submittal. Erasures, interlineations, or other modifications in the submittal shall be initialed by the person authorized to sign the submittal. Periods of time, stated as a number of days, shall be in consecutive calendar days. It is the responsibility of all offerors to examine the entire solicitation package and seek clarification of any requirement that may not be clear and to check all responses for accuracy before sending in a submittal. Negligence in preparing a submittal confers no right of withdrawal after due date and time.

Submittals for the project shall be limited to the items listed below. Firms are advised to follow guidelines and submit only the requested information.

A. Cover Letter

B. Statement of Qualification in response to the Evaluation Criteria

C. Signed Offer Page

D. Acknowledgement of any and all RFQ Addenda

E.3. COVER LETTER

Expressing interest in the project and identifying a single individual as point of contact for any future correspondence. (Suggested 2 Pages maximum)

E.4. EVALUATION CRITERIA :

Firms will be screened based on evaluation of the following criteria, which are listed in relative order of importance:

A. Team Qualifications and Experience - 40 points

B. Technical Approach and Methodology - 35 points

C. Schedule Management - 15 points

D. References and Past Performance - 5 points

E. Subcontractor Selection Plan - 5 points

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E.5. OFFER PAGE

Providing contact information and signed requiring that the selected firm agree to enter into negotiations with the City to provide the material or service in compliance with all terms, scope of work, conditions, specifications, and amendments in the solicitation.

E.6. GENERAL

A. Additional Investigations:

The City reserves the right to make such additional investigations as it deems necessary to establish the competency and financial stability of any firm submitting a response to this Request for Qualifications.

B. Prior Experience:

Experiences with the City and entities that evaluation committee members represent shall be taken into consideration when evaluating qualifications and experience.

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F. SPECIAL TERMS AND CONDITIONS

F.1. BONDING

CMAR will be required to provide payment and performance bond equal to 100% of the value of the negotiated value(s) of construction

F.2. SMALL BUSINESS ENTERPRISE (SBE) PROGRAM REQUIREMENTS

The CMAR shall be required to comply with SBE Program requirements, if goals are applicable, on this project. Program requirements are codified in Chapter 28, Article XIII of the Tucson Procurement Code.

(The CMAR shall submit to the City of Tucson Procurement Department, during the GMP negotiation phase(s), either a completed statement of proposed SBE Participation Plan or an Affidavit of Good Faith Efforts indicating whether the request is for a full or partial waiver.

The SBE Plan must include:

A. The names and addresses of the SBE subcontractors/suppliers;

B. The type and scope of work or service each SBE will perform; and, C. The percentage of each SBE’s subcontract of the total contract.

D. The dollar value of work as a percentage of the total contract value.

An approved plan or waiver is required prior to concluding negotiations and awarding a project.

A signed offer in response to this RFQ represents the offerors intent to comply with the SBE program.

Also see Attachment for SBE Program Provisions.

F.3. CONSTITUENT CLAIMS

With regard to claims arising out of or related to this contract that are filed against the Contractor, the Contractor or Contractor’s representative is required to provide notice to the City’s Business Services

- Procurement Division and Risk Manager within 60 calendar days following the date of the receipt by the Contractor of such claim. The notice to the City must include the following information: (1) the date of the incident or occurrence that is the basis of the claim; (2) the damages identified in the claim; (3) the date of the Contractor’s written response to the claim; and (4) a copy of Contractor’s written response to the claim. Notification shall be deemed sufficient if given by (a) registered or certified mail, postage prepaid, return receipt requested, (b) private courier service, or (c) facsimile addressed to the respective addresses of the parties as first above written or at such other addresses as the respective parties may designate by like notice from time to time.

City of Tucson

Procurement Division

255 W. Alameda, 6th floor

Tucson, Arizona 85701

Facsimile: 520-791-4735

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City of Tucson

Risk Management

255 W. Alameda, 5th floor

Tucson, Arizona 85701

Facsimile: 520-624-2061

The Contractor acknowledges that the City may use contract performance, including performance of the requirements of this paragraph, in the City’s consideration of future contract awards; and that in connection with future contracting opportunities with the City, Contractor may be required to provide documentation demonstrating compliance with this paragraph.

F.4. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM

REQUIREMENTS

The CMAR shall be required to comply with DBE Program requirements, if goals are applicable, on federally funded projects that exceed the Formal Solicitation Threshold established by the Tucson Procurement Code, currently at one hundred thousand dollars ($100,000). Program requirements are codified in Chapter 28, Article XIII of the Tucson Procurement Code. The CMAR shall submit to the Business Services Department, Procurement Division, Business Enterprise & Compliance Program via the city’s Project Manager, after the project proposal phase, either a completed statement of proposed DBE Participation Plan or an Affidavit of Good Faith Efforts indicating whether the request is for a full or partial waiver.

The DBE Plan must include:

A. The names and addresses of the DBE subcontractors/suppliers;

B. The type and scope of work or service each DBE will perform;

C. The dollar value of work as a percentage of the total contract value.

D. If the contract goal is not met, evidence of good faith efforts.

An approved plan or waiver request must be in place prior to issuance of the Notice To Proceed (NTP) for individual project construction as well as a DBE Acknowledgment of Participation which provides signed confirmation from the DBE(s) that they are participating in the contract as provided in the prime contractor’s commitment in their DBE plan.

A signed offer in response to this RFQ represents the offerors’ intent to comply with the DBE program.

Also See - DBE Program Provisions for Alternative Project Delivery Method (APDM) for Construction Services.

F.5. NOTICE TO PROCEED

The Consultant agrees to render professional services promptly and diligently upon receipt of written notice to proceed with any or all of the services set forth herein.

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F.6. PRINCIPAL CONSULTANT’S RESPONSIBILITY

The Consultant shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the Consultant under this Contract. The Consultant shall without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services. Additionally, when modification to a construction contract is required because of an error or deficiency in the services provided under this Professional Design Services Contract, the City shall consider the extent to which the Consultant may be reasonably liable.

Neither the City’s review, approval or acceptance of, nor payment for, the services required under this Contract shall be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract, and the Consultant shall be and remain liable to the City in accordance with applicable law for all damages to the City caused by the Consultant’s negligent performance of any of the services furnished under this Contract.

If the Consultant is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.

The Consultant agrees that the work to be performed pursuant to this agreement shall be under the full authority and responsible charge of the undersigned principal of the firm or officer of the corporation who must be the holder of a current Arizona Certificate of Registration issued by the Board of Technical Registration for the practice of professional design services in the State of Arizona.

Any drawings, plans, specifications, and estimates to be prepared pursuant to this agreement shall be prepared by or under the personal direction of the undersigned qualified holder of an Arizona Certificate of Registration issued by the Arizona Board of Technical Registration.

The Consultant shall be responsible for the completeness and accuracy of all services rendered and correction of all errors of omission or commission on the drawings, specifications, and other documents notwithstanding prior approval by the City.

By signing the Contract, the Consultant affirms that it has the ordinary skill, knowledge, and judgment possessed by members of its profession, and that it will use reasonable and ordinary care and diligence in performing the work.

F.7. DRAWING, STANDARD DETAILS, ETC.

City of Tucson drafting standards, standard details, specifications, and office procedures are to be used in the preparation of items required under this Contract unless directed otherwise by the City. The City will furnish the Consultant with copies of the necessary standard City documents. All final documents shall be prepared by such methods and of such quality of workmanship as will permit the making of satisfactory reproductions.

F.8. ADVICE AND CONSULTATION

The Consultant shall be available to the City for advice and consultation on the interpretation of the plans and specifications on questions which may arise during the course of this Contract.

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F.9. PUBLIC HEARINGS

The Consultant shall upon request, attend any public hearing on matters related to the scope of professional services set forth in this Contract.

F.10. ADDITIONAL COMPENSATION

The Contractor shall submit a written proposal and secure the City Director of Business Services’ written approval of same prior to the performance by the Consultant of any work for which additional compensation will be requested.

Without the City Director of Business Services’ prior written approval of the proposed work and the fee therefore, the City will not consider payment of any sums other than those already set forth under this Contract.

F.11. 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 City encourages the Contractor to hire or subcontract if necessary in order to provide the best personnel. 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 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.

F.12. HOUSING AND URBAN DEVELOPMENT (HUD) SECTION 3

A. The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

B. The parties to this Contract agree to comply with HUD's regulations in 24 CFR Part 75, which implement Section 3. As evidenced by their execution of this Contract, the parties to this Contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 75 regulations.

C. The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth

BUSINESS SERVICES DEPARTMENT Page 22 of 82 minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

D. The Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75.

E. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the Contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the Contractor's obligations under 24 CFR Part 75.

F. Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD-assisted contracts.

G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this Contract. Section 7(b) requires that to the greatest extent feasible (i) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.

Parties to this Contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).

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G. INSURANCE REQUIREMENTS

G.1. The Contractor agrees to:

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

B. The Commercial General Liability, Commercial Automobile Liability and umbrella policies where applicable will include the City as an additional insured with respect to liability arising out of the performance of this contract. Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract. The Contractor agrees that the insurance hereunder will be primary and that any insurance carried by the City will be excess and not contributing.

C. Provide and maintain minimum insurance limits as applicable.

G.2. Commercial General Liability

Policy shall include Bodily Injury, Property Damage, Personal Injury and Broad Form Contractual Liability:

Each Occurrence: $1,000,000

General Aggregate: $2,000,000

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

Personal and Advertising Injury: $1,000,000

Blanket Contractual Liability: $1,000,000

G.3. Commercial Automobile Liability

Policy shall include Bodily Injury and Property Damage, for any owned, Hired, and/or Non-owned vehicles used in the operation, installation and maintenance of facilities under this agreement.

Combined Single Limit: $1,000,000

G.4. Worker's Compensation (Applicable to the State of Arizona)

Per Occurrence: Statutory

Employer's Liability: $1,000,000

Disease Each Employee: $1,000,000

Disease Policy Limit: $1,000,000

*Sole Proprietor/Independent Contractor designation is given to those who desire to waive their rights for workers’ compensation coverage and benefits as outlined in ARS§ 23-901 and specifically ARS §

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23-961 (O). If applicable, please request the Sole Proprietor/Independent Contractor form from the Contract Officer listed in the solicitation.

G.5. Professional Liability (Errors & Omissions)

Each Claim: $1,000,000

Annual Aggregate: $2,000,000

G.6. Builders Risk

Builder’s “All Risk” Property Insurance: $NO VALUE.

A. Coverage to include personal property of others in the care, custody and control of the contractor. Coverage should be written for 100% of the completed value.

B. For additions or repairs of existing building structures, coverage to include contractor’s interest in improvements, repairs, additions, alterations to completed buildings and subject to items described in “a”.

G.7. Claims Made Insurance Coverage

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

G.8. Additional Insurance Requirements

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

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

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

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

G.9. Notice of Coverage Modifications

Any changes material to compliance with this contract in the insurance policies above shall require (10) days written notice from the contractor to the City of Tucson. Such notice shall be sent directly to the Procurement Division.

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G.10. Acceptability of Insurers

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

G.11. Verification of Coverage

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

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

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

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

G.12. Subcontractors

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

G.13. Exceptions

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

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H. STANDARD TERMS AND CONDITIONS

H.1. CERTIFICATION

By signature in the offer section of the Offer page, your firm 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 Executive Order 11246.

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,…