Commercial_Property_Management_(Addendum_#1_Revision).pdf

CITY OF TUCSON

REQUEST FOR PROPOSAL

240030

COMMERCIAL PROPERTY MANAGEMENT

Due Date: Monday, September 11, 2023

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/34815

PUBLISH DATE: August 10, 2023 https://secure.procurenow.com/portal/%7Bproject.government.code%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D

CITY OF TUCSON REQUEST FOR PROPOSAL NO. 240030

BUSINESS SERVICES DEPARTMENT Page 2 of 39 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-4118

Attachments:

A - OFFER AND ACCEPTANCE

E - FTA Terms and Conditions

BUSINESS SERVICES DEPARTMENT Page 3 of 39

A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR PROPOSAL NO 240030

TITLE: Commercial Property Management

SUBMITTAL DUE DATE: Monday, September 11, 2023 AT 2:00 P.M. LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE: Thursday, August 17, 2023

TIME: 2:00 pm LOCAL AZ TIME

LOCATION: https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTJkNzE4NzMtNWJkYy00ZjZmLTliZmItYWZlZDMyMzNiMTBk%40thread.v2/0?

context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%224dd6ef81-011f-43e1-b8dd-8668cf929fb8%22%7d Meeting ID: 287 086 876 186 Passcode: cD63WF Or call in (audio only) +1 213-293-2303,,436993173# United States, Los Angeles Phone Conference ID: 436 993 173#

QUESTIONS SHALL BE DIRECTED TO: Sandra Alcorn

(520) 837-4118 sandra.alcorn@tucsonaz.gov

Posted Date: Thursday, August 10, 2023

Competitive sealed offers for the material or service specified in this solicitation must be submitted through the City’s online bidding system. No late submitted offer will be accepted or considered.

Reponses submitted in physical form or by facsimile or email will not be considered. Offerors are cautioned to commence the submittal process sufficiently ahead of time to allow for unanticipated delays resulting from things like a slow internet connection, internet outage, difficulty uploading large documents, differing system requirements, etc.

Questions about this solicitation must be addressed to the responsible Contract Officer listed herein.

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B. INTRODUCTION

B.1. Summary

The City of Tucson is seeking proposals from qualified offerors for property management for various City-owned properties.

The Scope of Work contained herein is intended to convey to the Contractor that all services shall be of the highest standards of the industry. Annually, the City will evaluate Contractor’s services on the basis of cost, compliance to specifications and suitability for the intended purpose. The City shall be the sole judge as to the acceptability of the services rendered.

B.2. Contact Information

Sandra Alcorn Senior Contract Officer Email: sandra.alcorn@tucsonaz.gov Phone: (520) 837-4118 Department:

Transportation & Mobility

B.3. Timeline mailto:sandra.alcorn@tucsonaz.gov tel:(520)837-4118

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Release Project Date August 10, 2023

Pre-Proposal Meeting (Non- Mandatory)

August 17, 2023, 2:00pm

Agenda https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTJkNzE4NzMtNWJkYy0 0ZjZmLTliZmItYWZlZDMyMzNiMTBk%40threa d.v2/0?context=%7b%22Tid%22%3a%22d21e 59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%224d d6ef81-011f-43e1-b8dd-8668cf929fb8%22%7d

Meeting ID: 287 086 876 186 Passcode: cD63WF

Or call in (audio only) +1 213-293-2303,,436993173# United States, Los Angeles Phone Conference ID: 436 993 173#

Question Submission Deadline August 31, 2023, 5:00pm

Proposal Submission Deadline September 11, 2023, 2:00pm https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTJkNzE4NzMtNWJkYy00ZjZmLTliZmItYWZlZDMyMzNiMTBk%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%224dd6ef81-011f-43e1-b8dd-8668cf929fb8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTJkNzE4NzMtNWJkYy00ZjZmLTliZmItYWZlZDMyMzNiMTBk%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%224dd6ef81-011f-43e1-b8dd-8668cf929fb8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTJkNzE4NzMtNWJkYy00ZjZmLTliZmItYWZlZDMyMzNiMTBk%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%224dd6ef81-011f-43e1-b8dd-8668cf929fb8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTJkNzE4NzMtNWJkYy00ZjZmLTliZmItYWZlZDMyMzNiMTBk%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%224dd6ef81-011f-43e1-b8dd-8668cf929fb8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTJkNzE4NzMtNWJkYy00ZjZmLTliZmItYWZlZDMyMzNiMTBk%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%224dd6ef81-011f-43e1-b8dd-8668cf929fb8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTJkNzE4NzMtNWJkYy00ZjZmLTliZmItYWZlZDMyMzNiMTBk%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%224dd6ef81-011f-43e1-b8dd-8668cf929fb8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTJkNzE4NzMtNWJkYy00ZjZmLTliZmItYWZlZDMyMzNiMTBk%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%224dd6ef81-011f-43e1-b8dd-8668cf929fb8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTJkNzE4NzMtNWJkYy00ZjZmLTliZmItYWZlZDMyMzNiMTBk%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%224dd6ef81-011f-43e1-b8dd-8668cf929fb8%22%7d

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C. SCOPE OF WORK

C.1. Scope of Work

I. Contractor Performance

A. Contractor shall provide all the management, supervision, labor, material and equipment necessary to ensure general maintenance of buildings and vacant parcels identified herein.

B. Contractor shall be bonded as required and specified herein.

C. Contractor shall have experience in the management of government-owned facilities including office and retail properties.

D. Contractor or Contractor’s designated Broker shall maintain at least one of the following certifications throughout the life of the contract:

1. Accredited with the Institute of Real Estate Management (IREM) and have the Certified Property Manager (CPM) designation

2. Accredited with the Building Managers and Owners Association (BMOA) and have the Real Property Administrator (RPA) designation

E. Contractor shall, on behalf of the City of Tucson, secure new tenants as vacancies arise, working in coordination with the City of Tucson and any other appropriate entity.

F. Contractor shall collect rents and shall disperse payments for repairs and related rental expenditures up to $5,000.00 per incident. Procedures for expenditures in excess of this threshold are detailed below.

G. Contractor shall maintain a current rent roll and provide quarterly and annual reports to the City Representative.

H. Contractor shall establish a complete quality control program to assure the requirements of the contract are provided. The Contractor’s quality control program shall be provided no later than 10 days after notice of award of contract. The City shall review Contractor’s program within 10 working days of submittal. The program shall include, but not be limited to items II. – XVII.

I. Contractor shall have experience in managing FTA funded properties.

J. Contractor’s staff performing accounting tasks should have a minimum of three years’ experience working with FTA funded properties.

K. Contractor shall meet with the City on a quarterly basis to report on the status of the leases, and building maintenance.

II. Summary Reports

These reports will provide information necessary to insure quality control. Contractor shall submit to the City for approval the format the Contractor intends to use. Upon approval of the Contractor’s format, the Contractor shall prepare a written monthly Summary Report detailing all maintenance and rental activities. The Contractor shall provide the following reports to the appropriate City representative:

A. General Ledger-Monthly & Annual

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B. Budget Comparison / Cash Flow Quarterly

C. Budget Comparison / Year-to-date Quarterly

D. Expense Ledger-Monthly & Annual

E. Journal Entries-Monthly & Annual

III. Other Reports

Upon request from the City, the Contractor shall provide reports in addition to those listed above.

Examples include:

A. Budget Preparation Documents

B. Five-year Plans

C. Monthly Performance Requirements Summary Report

D. Problem Areas and Recommended Solutions

E. Preventive Maintenance Schedule Completion

F. Quarterly & Annual Capital Improvements Summary Report. This report will provide an annual listing of needed capital improvements for each property. The Contractor shall submit report to City for consideration.

G. Reports as required by the FTA

C.2. Scope of Work

IV. Quality Assurance

A. The City shall monitor Contractor’s performance by periodic inspection. The City or its designated representative will decide all questions that may arise as to the quality and acceptability of any work performed under the contract.

B. If, in the opinion of the City, performance becomes unsatisfactory in any specific item of the contract, the City shall notify the Contractor. If the Contractor does not correct performance in that item, the amount of money for that item shall not be paid until it is performed satisfactorily.

C. In the event the Contractor is deficient in any required service, and after Contractor has been notified to correct the deficiency within a reasonable time, the City may have that service performed by other personnel or by separate contract. The cost of services performed by other than the Contractor will be deducted from the Contractor’s monthly invoice in accordance with the terms of this contract.

D. The City reserves the right to qualify specific response requests as ‘emergencies’. In the event of such ‘emergencies’, Contractor must respond within a specified period of time as agreed to between the Contractor and the City Representative. The City shall work cooperatively with the Contractor to develop an electronic coding system to identify a response request as an emergency.

E. Contractor must have a phone number where a representative of the Contractor can be reached within one hour at all times, Sunday through Saturday, 24 hours a day, 365 days a year.

F. Repeated incidences of unsatisfactory performance may result in termination of the contract.

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V. Response Time

A. The Contractor shall respond within 6 hours of notification by the City to any problem. If the problem cannot be solved immediately, reasons for the delay will be conveyed to the City Representative and alternate suggestions for remedy will be proposed for the interim period of time until the problem is solved.

B. The Contractor shall provide a vehicle through which property tenants may submit comment to the Contractor. Building occupants shall be encouraged to identify maintenance deficiencies to the Contractor with a copy to the City Representative and/or the City Transportation Department.

Deficiencies shall be tracked and addressed by Contractor within 48 hours.

C. The Contractor is encouraged to provide other forms of deficiency identification to tenants in addition to comment access. In the event that the Contractor does not rectify deficiencies in a timely manner, building occupants shall be encouraged to submit comments or complaints to the City Representative.

The comment access directions shall contain language that provides the steps in the maintenance deficiency reporting process so that tenants are aware of issue resolution time lines.

VI. Budget Development

A. Within 45 days of contract execution, the Contractor shall submit a complete recommended budget to the City outlining projected monthly operational activities and frequencies and costs associated with the activities through June 30th of the following year. The recommended budget must be approved by the City Representative.

B. By March 1 of each subsequent year, Contractor shall submit to the City a budget outlining projected monthly operational costs for the following fiscal year, July 1 through June 30.

VII. Maintenance

The Contractor shall perform the following maintenance activities for buildings that are currently in the City’s inventory and to those buildings that will be added to the inventory during the course of the contract.

A. Normal Maintenance/Scheduled Services

1. Normal maintenance shall include all repair, replacement, and service necessary to provide for a code-legal, safe, healthy, and attractive public building.

B. Non-Scheduled Repair Services

1. These services are repairs to any element of the building that may require immediate response, which, if not addressed, could threaten the life, health, or safety of the occupants.

2. All non-scheduled repair services occurring in any one building in excess of $5,000.00 shall have the prior written approval of the City Representative before work begins, except in the event of an emergency.

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3. In the event of an emergency, defined as any event which renders the building uninhabitable or is otherwise a threat to health or safety, the Contractor may take the necessary steps to address the problem without strict regard to the above dollar ranges and quotation requirements, as described below. The Contractor shall notify the City’s Representative the next workday.

C. Preventive Maintenance/Replacement Program

1. For all buildings in the City’s inventory, a preventative maintenance program shall be prepared and submitted to the City Representative for review and approval within three months of the execution of this contract.

2. For buildings added to the inventory during the course of this contract, the Contractor shall submit a preventative maintenance program no later than three months after the City adds the property to the contract.

3. By November 1st of each year, the Contractor shall provide the City with an estimate of the cost associated with implementing those elements of the preventive maintenance program requiring implementation during the up-coming fiscal year.

4. The City will periodically audit the Preventative Maintenance/Replacement Program to ensure compliance with FTA Regulations/Standards.

D. Additional Maintenance Requirements

1. Any work in excess of $5,000, as required by Tucson Procurement Code Sec. 28-20(2), shall be performed after obtaining, where practicable, three competitive, impartial, and open quotes from qualified, licensed, bonded and insured companies. The Contractor shall solicit, if available, three Small Business Enterprise (SBE) contractors or vendors utilizing the City’s most recently published SBE directory to quote or bid on that commodity or service purchase. The directory can be found at http://cms3.tucsonaz.gov/oeop. The Contractor shall recommend to the City Representative the lowest, most responsive and responsible bidder. The City Representative shall provide the Contractor with written response to the Contractor’s recommendation within 3 working days.

2. Written records shall be kept for the examination by the City as in accordance with City retention requirements or relevant industry standards, as appropriate.

3. The Contractor shall neither provide nor perform nor cause to be performed any architectural and/or engineering design or redesign work that requires a professional’s stamp without the City’s written concurrence.

E. Building Rehabilitation/Remodeling

1. The Contractor may be asked by the City Representative to provide services relating to ADOT properties that have not yet been turned over to the City. Services may include, but not be limited to, hiring and managing of a building rehabilitation team that may be comprised of professional designers, architects, engineers, building contractors, etc.

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2. The Contractor shall be responsible for assembling a rehabilitation team using the bidding procedure outlined in D(1) above, coordinating and managing that team, and for preparing cost estimates and project schedules for the review and approval of the City Representative.

3. Once the City Representative has approved the cost and schedule, the Contractor shall manage the rehabilitation work through completion.

4. The Contractor shall also be available for consultation as the property proceeds through the Development Services Department (DSD), which ends with a Certificate of Occupancy (C of O) and City assumption of responsibility for the property.

VIII. City Representative

A. The City shall provide a designated representative and alternates, in the case of absence, for the properties being managed under this contract. The designated City Representative will oversee adherence to the contract and to assist in resolving problems as they occur. The following are the responsibilities of the City Representative:

1. Be thoroughly familiar with the terms and provisions of the contract;

2. After award of the contract, issue a written notice to proceed (NTP) to the Contractor with a copy of to Procurement for inclusion in the official contract file;

3. Advise the Contractor in writing, with copy to Procurement, of any violation of the contract terms and provisions, and, in the event of significant violations, contact the City Department of Procurement for direction;

4. Review any proposed or suggested changes (i.e. amendments) to the contract, and furnish their recommendations to Procurement;

5. Promptly accept delivered goods or services that are satisfactory and reject those that are not;

6. Review Contractor invoices thoroughly. Where inaccuracies are found, ensure correction by the Contractor before approval is provided for payment. Invoices must be submitted in accordance with the contract terms;

7. Ensure that a copy of any final reports generated by the Contractor, if required under the contract, are forwarded to Procurement for inclusion in the contract file.

B. Contract Representatives are not authorized to:

1. Amend the contract or enter into supplemental verbal or written agreements;

2. Grant time extensions or otherwise modify the terms and provisions of the contract;

3. Commit the City of Tucson in any manner except as allowed under the contract.

C. The Contractor must understand and agree to work priorities and maintenance methods. Upon request and/or necessity, an appointed City Representative will accompany Contractor to work areas to further clarify or describe maintenance methods, techniques, procedures, and priorities. Such

BUSINESS SERVICES DEPARTMENT Page 11 of 39 clarification shall be explanatory in nature; the City is not responsible for on-the-job supervision of Contractor’s work or management staff.

IX. Contractor Representative

A. Contractor shall employ necessary staff qualified to perform the on-site, day-to-day functions per the Scope of Work Monday through Friday and as needed for emergency management. The Contractor Representative’s duties shall include, but not be limited to, the following:

1. Perform on-site activities related to the Quality Control and Quality Assurance programs outlined in Section I of this agreement. This includes performing periodic checks of the Normal Maintenance/Scheduled Services and ensuring that subcontractors correct unsatisfactory performance or service deficiencies on a schedule agreed upon between the City and the Contractor.

2. Identify the need for Non-Scheduled Repair Services and coordinate the appropriate method for rectifying the problem.

3. Perform general maintenance and repairs (e.g., painting and plumbing repairs).

X. Personnel/Supervision

A. The Contractor’s personnel shall present a neat appearance, and all work shall be performed and all complaints handled with due regard to the public image of the City.

B. The City and the Contractor will promptly notify each other of any complaints received from tenants, nearby neighbors and/or property owners.

C. The Contractor shall utilize competent employees in performing the work specified in this agreement.

At the request of the City, the Contractor will replace any incompetent, abusive or disorderly person, to include supervisors and superintendents, and cause to be removed from service under this contract any such person in the Contractor’s employment.

D. The City reserves the right to accept or reject any or all sub-contractors, supervisors, supplies, equipment, materials and replacement parts.

E. The Contractor shall provide supervision to assure competent performance of the work, and the Contractor or authorized agent will make sufficient routine inspections to insure that the work necessary to lease and manage the properties is performed as required by this contract.

F. The Contractor shall exercise precaution at all times for the protection of persons and property.

Safety provisions of all applicable laws and ordinances shall be strictly observed.

XI. Keys

A. The Contractor is responsible for the security key cylinder lock hardware systems.

B. The City Representative shall obtain keys from the Contractor.

C. A second set of keys and key record forms will be supplied to the City for emergencies or situations that may require access.

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D. The Contractor must supply both sets of keys in key boxes with lockable doors.

XII. Contract Compliance

A. The City may conduct a walk-through of the properties at the end of each year’s term to ensure that each property meets the City’s maintenance standards, as agreed at the beginning of the contract term.

B. The Contractor must maintain contract properties to City’s standards. Should Contractor fail to maintain standards, final payments will be retained until standards are met.

XIII. Payment to Subcontractors

Contractor shall make payment to subcontractors not later than 21 consecutive calendar days after the City makes payment to Contractor.

XIV. Compensation

A. The Contractor shall remit rents collected to the City monthly minus the Contractor’s Management Fee.

B. For services provided requiring reimbursement from the City, the Contractor shall bill the City monthly.

C. The billing shall contain the monthly totals of all normal building operating costs, utilities, and repair and maintenance.

D. The billing may contain requests to reimburse the Contractor for the actual costs of approved non-scheduled and preventive/replacement programs.

E. The billing may also contain request to reimburse the actual costs of all contractors and subcontractors hired by the Contractor to perform rehabilitation/remodeling of buildings not yet in the City’s inventory.

F. All requests for reimbursement shall contain copies of signed invoices supplied to the Contractor.

Non-invoiced reimbursement requests shall be paid only after the Contractor and the City Representative have attested in writing to the actual delivery in good order of non-invoiced goods or services.

G. The City will pay no mark-ups applied by the Contractor.

XV. Tools

A. The Contractor shall supply, at the Contractor’s expense, all basic/standard tools that are used in conjunction with outside City contracts, or purposes other than for use at City facilities.

B. Tools that are purchased by the Contractor for use solely at City facilities under this contract shall become City property and shall be identified and inventoried as such.

C. Any reimbursable tool purchase must be approved by the City Representative prior to purchase.

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D. Contractor-submitted invoices for tools or equipment will be maintained by the City Representative as a record of tool and equipment inventories that are the property of the City.

E. The Contractor’s property used under this contract shall be clearly identified as belonging to the Contractor.

XVI. Addition or Deletion of Locations

A. The City reserves the right to add or delete locations as necessary during the duration of this contract.

Cost on additional locations will be based on prices that were submitted with the Contractor’s original proposal. Each additional location will be bid separately. The City reserves the right to accept or reject any bid price for the additional location, whichever is in the best interest of the City.

XVII. Property Groups

The following information is for informational purposes, subject to change:

GROUP 1 - PROPERTIES ACQUIRED FOR TRANSPORTATION CORRIDOR PROJECTS

Various properties acquired for transportation corridor projects (e.g. Grant Road). The number of properties under this group fluctuates on a regular basis.

GROUP 2 - OTHER PROPERTIES

Building or Parcel Address

1. 110 E Pennington 117-12-001A

2. 44 W 6th St 117-04-2070

3. Other City properties that may be added from time to time

GROUP 3 - FTA FUNDED PROPERTIES

Building or Parcel Address

1. 149 N. Stone Ave. 117-11-0610

2. 400 N. Toole Ave. 117-06-0810 Train Depot

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D. INSTRUCTIONS TO OFFERORS

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

For purposes of this solicitation and any subsequent contract, the following terms have the meanings set forth below:

City:The City of Tucson, Arizona

Contract:The legal agreement(s) executed between City and the Successful Offeror(s). The Contract will be deemed to include all the conditions and requirements set forth in this solicitation and any Addenda to the solicitation, all the Special Terms and Conditions and Standard Terms and Conditions, and all the terms of the Offer submitted by Offeror as finally negotiated and accepted by the City.

Contractor/Consultant:A Successful Offeror that enters into a Contract with the City.

Contract Representative:The City employee or employees who have been designated to act as the City contact for this solicitation process and who are responsible for monitoring and overseeing the Contractor's performance under the Contract.

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

May: Indicates something that is not mandatory but permissible.

May not:The indicated party is prohibited from taking the action.

Must: The action or condition is required.

Offer:Any proposal, statement of qualifications, bid, or other submission provided by an Offeror in response to this Solicitation.

Offeror: Each individual or entity that submits an Offer in response to this solicitation.

Successful Offeror: An Offeror who received a Notice of Award or a Notice of Intent to Award from the City.

Will:The indicated party is promising to take the action or abide by the condition.

D.2. PRE-SUBMITTAL MEETING

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

D.3. INQUIRIES

Any questions about this solicitation or the proposed Contract must be presented at the Pre-Submittal Meeting, if there is one (see above), or submitted in writing, via email, or through the online bidding system, to the Contract Officer by the Question Submission Deadline. The email must refer to the solicitation number and the paragraph number of the provision that the question concerns. The Contract

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Officer may respond by email or may, if they deem it appropriate, address the question in a solicitation addendum or response through the question and answer portal in the online bidding system. Offeror may not rely on oral interpretations or clarifications about the solicitation; only questions answered in an email by the Contract Officer, posted through the online bidding system, or posted as a formal solicitation addendum will be binding.

D.4. ADDENDUM OF SOLICITATION

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

D.5. UNDERSTANDING SCOPE OF WORK

Before submitting an Offer to this solicitation, Offeror must familiarize itself with the Scope of Work, laws, regulations, physical conditions, and other factors affecting the obligations – including the expense and difficulty of fulfilling those obligations – that Offeror will have under the Contract if awarded to Offeror. No adjustment to the financial or other terms of the Contract will be justified by Offeror’s failure to fully understand or appreciate the Contract requirements or other factors affecting Contract performance.

D.6. PREPARATION OF OFFER

A. Form and Organization. If Offer forms are included in this Solicitation, Offeror’s Submittal must be on those forms. Supporting documentation must be arranged in a manner that follows and clearly refers to corresponding sections of the solicitation. Offeror may copy the submittal forms in order to complete them electronically but may not alter or rearrange them or change any paragraph designations.

B. Confidential Information. Any information in its submittal that Offeror wishes to be treated as confidential must be clearly marked “CONFIDENTIAL.”

C. Offer Contents. Offeror’s submittal must contain responses to all sections of this solicitation, any Offer forms provided must be completed and any requested supporting documentation must be attached.

D. Signatures. Offeror must include in their submittal signed copies of the Offer and Acceptance page. Any cover letter accompanying the proposal documents must be signed. Offeror must initial each erasure, interlineation or other modification in the submittal. The person signing and initialing on behalf of Offeror must be a person authorized to legally bind Offeror.

E. Prices. Where a unit price is provided it will govern over any erroneous extension of the price.

F. Time Periods. Periods of time, stated as a number of days, will be calendar days unless specifically stated otherwise.

G. Accuracy. Mistakes in preparation of its submittal confers on Offeror no right to modify or withdraw its submittal after the Submittal Deadline.

https://procurement.opengov.com/portalucson-az

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H. Cost of Preparation. The City will not reimburse Offeror for the cost of developing, presenting, submitting or providing any response to this solicitation.

I. Subcontractors. Offeror must, in their submittal, list any subcontractors that it will utilize in the performance of the Contract if they are awarded the Contract and must describe their qualifications in detail.

J. Incomplete Information. Failure to include all requested information may have a negative impact on the evaluation of Offeror’s submittal.

D.7. PAYMENT DISCOUNTS

Payment discount periods shall be computed from the date of receipt of the material/service or correct invoice, whichever is later, to the date City’s payment warrant is mailed. Unless freight and other charges are itemized, any discount provided shall be taken on full amount of invoice. Payment discounts of twenty-one calendar days or more shall be deducted from the proposed price in determining the price points. However, the City shall be entitled to take advantage of any payment discount offered by a vendor provided payment is made within the discount period. The payment discount shall apply to all purchases and to all payment methods.

D.8. TAXES

The City is exempt from federal excise tax, including the federal transportation tax, but is not exempt from any other taxes, including state and local sales and excise taxes.

D.9. EXCEPTIONS TO CONTRACT PROVISIONS

By submitting an offer in response to this solicitation, Offeror is offering to enter into the Contract with the City. If Offeror wishes to modify any Contract terms and conditions, Offeror must, in its Offer, clearly identify the changes it is requesting. No requested modification will be deemed accepted by the City unless and until the City’s Business Services Director or their designee expressly accepts it in writing.

D.10. PUBLIC RECORD

Any documents submitted by Offeror in response to this solicitation will become the property of the City.

Except as set forth below with respect to Confidential Information, the Submittal will be deemed to be a public record available for review by the public after the award notification.

D.11. CONFIDENTIAL INFORMATION

The City is obligated to abide by the Arizona Public Records Law, A.R.S. §§ 39-101 through 39-161. If Offeror believes that any portion of its Offer, specification, protest or correspondence contains information that is confidential and subject to being withheld from disclosure in the event that the City receives a public records request to which the record is responsive, Offeror must, when the record is submitted, provide the Contract Officer written notification of that fact. The records or portions of records that Offeror wishes to be treated as confidential must also be clearly marked “CONFIDENTIAL” on their face. Pricing will not be treated as confidential.

BUSINESS SERVICES DEPARTMENT Page 17 of 39

If the City, after award notification, receives a public-records request the scope of which includes a document submitted by Offeror and marked "CONFIDENTIAL", the Contract Officer will make a written determination regarding whether the document will be provided to the requestor. If the Contract Officer determines that the document should be released, City will notify Offeror in writing. Unless Offeror, within 10 days after the date of that notice, obtains and provides to City an order from a court of competent jurisdiction prohibiting the City from releasing the documents, the City may release the documents without any liability to Offeror.

D.12. WHEN AND HOW TO SUBMIT OFFERS

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

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

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

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

DEADLINE WILL NOT BE CONSIDERED.

D.13. CERTIFICATION OF NONCOLLUSION; CONFLICTS OF INTEREST

Offeror will not communicate, orally or in writing, with any member of the Mayor and Council, or with any City staff outside the Procurement Division of the Business Services Department, regarding this Solicitation. By submitting an Offer, Offeror warrants that:

A. Preparation and submission of the submittal did not involve collusion or other anti-competitive practices.

B. Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, meal or service to a public servant in connection with this solicitation.

C. No person has been employed or retained to solicit or secure a Contract under this solicitation upon a promise of a commission, percentage, brokerage, or contingent fee.

D. No employee of the City involved in this Solicitation process, or any family member of such an employee, has any substantial financial interest in Offeror’s firm. No member of the City of Tucson Mayor and Council who has, or whose family member has, any substantial financial interest in Offeror’s firm will participate in any action taken by the Mayor and Council with respect to this Contract. The terms “relative” and “substantial interest” have the meanings assigned in A.R.S. § 38-502

The City may disqualify Offeror from further participation in the solicitation process if the City determines that any City employee or official involved in this Solicitation process has an actual or apparent conflict of interest or if Offeror has engaged in any collusion or anti-competitive practices.

BUSINESS SERVICES DEPARTMENT Page 18 of 39

D.14. WITHDRAWAL OF OFFER; BINDING OFFER

By submitting an Offer in response to this Solicitation, Offeror is offering to enter into the Contract with the City. Offeror may withdraw a submitted Offer at any time prior to the Offer Submittal Deadline.

Telephonic or oral withdrawals are not effective.

Offeror cannot withdraw an Offer that is in “submitted” status as of the Offer Submittal Deadline unless the Director of the Business Services Department consents in writing to the withdrawal. The Offer will be irrevocable for 90 days after the Offer Submittal Deadline.

D.15. DISCUSSIONS

The City may, at its discretion, conduct discussions with Offeror for the purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in Offeror’s submittal in order to clarify the offer and assure full understanding of, and responsiveness to, solicitation requirements.

D.16. VENDOR REGISTRATION; BUSINESS LICENSE

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

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

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

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

BUSINESS SERVICES DEPARTMENT Page 19 of 39

E. OFFER EVALUATION AND CONTRACT AWARD

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

A. Offeror's Skill, Knowledge, and Ability

B. Offeror's Experience

C. Fee Proposal

E.2. INTERVIEWS

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

E.3. ADDITIONAL INVESTIGATIONS

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

E.4. OTHER INFORMATION

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

E.5. PRICE

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

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

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

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

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

A. Waive any immaterial defect or informality; or

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

C. Reissue the solicitation.

BUSINESS SERVICES DEPARTMENT Page 20 of 39

E.7. CONTRACT NEGOTIATIONS

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

E.8. AWARD OF CONTRACT

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

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

E.9. MULTIPLE AWARDS

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

E.10. SOLICITATION RESULTS

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

E.11. PROTESTS

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

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

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

B. The signature of the protestant or its representative;

C. The solicitation or Contract number;

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

E. The form of relief requested.

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

BUSINESS SERVICES DEPARTMENT Page 21 of 39

F. EVALUATION PHASES

No. Evaluation Criteria Scoring Method Weight (Points)

1. Offeror's Skill, Knowledge and Ability

1. SKILL: Offeror shall demonstrate his/her skill in the management of commercial properties and/or the skills of his/her staff to manage commercial properties. This skill may be demonstrated by presenting a brief history of the firm and recent commercial management activities, especially those activities that may be unusual to the normal practice of property management. Also, the Offeror shall demonstrate his/her skill at hiring and managing a successful building rehabilitation or remodeling team. Of special interest would be any experience the Offeror has had in working with historic properties used for commercial purposes.

2. KNOWLEDGE: In addition to broad knowledge required to do property management, the Offeror shall demonstrate that he/she has the knowledge needed to advise the City on matters relating to setting commercial property rental rates and historic building rehabilitation.

3. ABILITY: The Offeror shall demonstrate his/her ability to perform property management functions in an efficient, timely, and cost-effective manner – i.e., perform all management activities in a quality manner. The Offeror shall demonstrate his/her ability to efficiently respond to routine and emergency activities and the ability to produce clear and meaningful reports.

The Offeror shall provide samples of the following:

a. Quality Control Program

b. Rent Roll Quarterly and Annual Report

c. General Ledger-Monthly & Annual

d. Budget Comparison / Cash Flow Quarterly

e. Budget Comparison / Year-to-date Quarterly

f. Expense Ledger-Monthly & Annual

g. Journal Entries-Monthly & Annual

N/A N/A

BUSINESS SERVICES DEPARTMENT Page 22 of 39

2. Offeror's Experience

Offeror shall provide applicable and appropriate experience to demonstrate his/her competency as stated above.

Include:

1. Names and resumes of proposed key staff members.

2. Relevant experience of proposed key staff members.

Offeror shall provide three (3) names and contact information of persons, firms, or organizations for which he/she has performed services similar to those described in the Scope of Work. For each, include a detailed description of the requirements of the scope of the work performed, the reporting requirements and the number and type of properties.

N/A N/A

3. Price Proposal Provide price proposal as requested on the Price Page attached herein.

N/A N/A

BUSINESS SERVICES DEPARTMENT Page 23 of 39

G. PRICING

OPTION 1 - NON FTA FUNDED PROPERTIES

Line Item Description Unit of Measure

Unit Cost

1 Property Management Services per Scope of Work Percentage of Rent Monies Collected Inclusive

Percent

OPTION 2 - NON FTA FUNDED PROPERTIES

Line Item Description Unit of Measure

Unit Cost

1 Principal Per Hour

2 Property Manager Per Hour

3 Building Maintenance Technician Per Hour

4 Day Porter Per Hour

OPTION 1 - FTA FUNDED PROPERTIES

Measure

Unit Cost

1 Property Management Services per Scope of Work Percent

OPTION 2 - FTA FUNDED PROPERTIES

Measure

Unit Cost

1 Principal Per Hour

2 Property Manager Per Hour

3 Clerical, Accounting, Reporting per FTA Requirements

Per Hour

4 Building Maintenance Technician Per Hour

5 Day Porter Per Hour

BUSINESS SERVICES DEPARTMENT Page 24 of 39

H. SPECIAL TERMS AND CONDITIONS

H.1. COOPERATIVE PURCHASING

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

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

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

H.2. FEDERAL TRANSIT ADMINISRATION (FTA) REQUIREMENTS

Any contract awarded pursuant to this solicitation will contain the FTA Terms and Conditions listed in the corresponding attachment titled, "FTA Terms, Conditions and Certifications".

H.3. PRICE ADJUSTMENT

At least 90 days before the date that the Contract is eligible for extension, Contractor may submit to the Contract Officer a request for price adjustments based on documented increased Contractor costs and the City may, at its discretion, make price adjustments, which will apply during the extension term.

H.4. TERM AND RENEWAL

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

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

BUSINESS SERVICES DEPARTMENT Page 25 of 39

I. INSURANCE REQUIREMENTS

I.1. Required Insurance Policies

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

I.2. Commercial General Liability

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

A. Each Occurrence: $1,000,000

B. General Aggregate: $2,000,000

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

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

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

I.3. Commercial Automobile Liability

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

I.4. Worker's Compensation

Policy must have coverage limits no lower than:

A. Per Occurrence: Statutory

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

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

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

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