Construction_Manager_at_Risk_(CMAR)_for_Gene_C._Reid_Park_–_Park_Improvements_(Addendum_#1_Revision).pdf

CITY OF TUCSON

REQUEST FOR QUALIFICATIONS

230184

CONSTRUCTION MANAGER AT RISK (CMAR) FOR GENE C. REID

PARK – PARK IMPROVEMENTS

Due Date: Friday, July 7, 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/47774

PUBLISH DATE: June 15, 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 QUALIFICATIONS NO. 230184

BUSINESS SERVICES DEPARTMENT Page 2 of 83 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.RFQ

B - SBE Provisions

BUSINESS SERVICES DEPARTMENT Page 3 of 83

A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR QUALIFICATIONS NO 230184

Construction Manager at Risk (CMAR) for Gene C. Reid Park – Park Improvements

The City of Tucson, pursuant to ARS Tile 34, is conducting a competitive One-Step Process to select a qualified construction manager/general contractor to provide design phase assistance for complete construction service as the Construction Manager at Risk for construction improvements for Construction Manager at Risk (CMAR) for Gene C. Reid Park – Park Improvements. The estimated construction cost for the entire project is Three Million Five Hundred Thousand ($3,500,00.00).

The City invites interested firms to submit written Statements of Qualifications (SOQ’s) 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: Friday, July 7, 2023 AT 2:00 pm LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE: Friday, June 23, 2023

TIME: 1:30 pm LOCAL AZ TIME

LOCATION: https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmVkMzRiNmEtMWNkNy00YWU0LTkwOTMtZTVkYzFiMDc0MTQ5%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

QUESTIONS SHALL BE DIRECTED TO: Sandra Alcorn

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

Publication Dates: Thursday, June 15, 2023 and Thursday June 22, 2023

Posted Date: Thursday, June 15, 2023

BUSINESS SERVICES DEPARTMENT Page 4 of 83

B. INTRODUCTION

B.1. Summary

Notice is hereby given that the City of Tucson, hereinafter referred to as "City", is conducting a competitive ONE-STEP process to select a qualified construction manager/general contractor to provide pre-construction phase assistance and complete construction services as the Construction Manager at Risk (CMAR) for the City of Tucson, Gene C. Reid Park – Park Improvements Construction, located at 900 S. Randolph Way, Tucson, Arizona. The estimated construction cost is approximately $3,500,000.00.

B.2. Contact Information

Sandra Alcorn Senior Contract Officer 255 W. Alameda 6th Floor Tucson, AZ 85701 Email: sandra.alcorn@tucsonaz.gov Phone: (520) 837-4118 Department:

Parks and Recreation

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

BUSINESS SERVICES DEPARTMENT Page 5 of 83

Posted Date June 15, 2023

Pre-Submittal Conference (Non- Mandatory)

June 23, 2023, 1:30pm

Agenda https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmVkMzRiNmEtM WNkNy00YWU0LTkwOTMtZTVkYzFiM Dc0MTQ5%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

Question Submission Deadline June 29, 2023, 5:00pm

Submittal Due Date July 7, 2023, 2:00pm https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmVkMzRiNmEtMWNkNy00YWU0LTkwOTMtZTVkYzFiMDc0MTQ5%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_MmVkMzRiNmEtMWNkNy00YWU0LTkwOTMtZTVkYzFiMDc0MTQ5%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_MmVkMzRiNmEtMWNkNy00YWU0LTkwOTMtZTVkYzFiMDc0MTQ5%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_MmVkMzRiNmEtMWNkNy00YWU0LTkwOTMtZTVkYzFiMDc0MTQ5%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_MmVkMzRiNmEtMWNkNy00YWU0LTkwOTMtZTVkYzFiMDc0MTQ5%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_MmVkMzRiNmEtMWNkNy00YWU0LTkwOTMtZTVkYzFiMDc0MTQ5%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_MmVkMzRiNmEtMWNkNy00YWU0LTkwOTMtZTVkYzFiMDc0MTQ5%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_MmVkMzRiNmEtMWNkNy00YWU0LTkwOTMtZTVkYzFiMDc0MTQ5%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_MmVkMzRiNmEtMWNkNy00YWU0LTkwOTMtZTVkYzFiMDc0MTQ5%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_MmVkMzRiNmEtMWNkNy00YWU0LTkwOTMtZTVkYzFiMDc0MTQ5%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

BUSINESS SERVICES DEPARTMENT Page 6 of 83

C. SCOPE OF WORK

C.1. Scope of Work

A. Pre-construction phase services by the CMAR may include the following:

• Team building/partnering

• Management plans

• Value analysis/engineering

• Constructability reviews including identification of plan/specification conflicts, errors and omissions

• Cost model/budget

• Phasing analysis/sequencing/construction schedules

• Estimating/price/GMP

• Building code/permitting analyses

• Utility coordination with providers and existing infrastructure

• Bid package strategy (subcontracting, SBE compliance)

• Identification of specialized materials and ordering of long lead-time materials

• Integration of means, methods and materials in relation to general, sustainable development

B. Construction phase services by the CMAR may include the following:

• Team management/coordination

• Underground utility location

• Critical path scheduling

• Submittal processes/coordination/management

• Cost controls/change order management

• Subcontract QC

• Field management

• Safety/QC programs

• Special inspections and materials testing coordination

• Project close out/warranty period services

PROJECT DESCRIPTION

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Project Location: Gene C. Reid Park, located at 900 S. Randolph Way, Tucson, Arizona

Construction has been estimated at approximately $3,500,000.00

This project represents the implementation of an element of the Tucson Delivers Parks + Connections Program as approved by voters in 2018. The project consists of multiple improvements (new facilities and upgraded facilities) to Gene C. Reid Park. Projects are subject to change based on the design process and budget limitations.

• 1 new interactive water feature/splashpad with shade structure.

• 1 new ramada

• A restroom renovation, expansion or new construction.

The duration of the design and pre-construction phase of this project is estimated to be 26 weeks starting in June 2023. The permitting and construction duration for this project is estimated to be 16 weeks starting in April of 2024 after permits have been approved.

DESIGN

The design of this project will begin in June 2023 led by the Sasaki Associates, Inc. project team in coordination with the City of Tucson Parks and Recreation Department project team. It is expected that the Contractor will participate throughout the design process from July 2023 through 100% completion in January 2024.

EXISTING FACILITIES

A. Some existing facilities are to be fully or partially retained as part of the project design. The CMAR shall insure that all retained existing facilities and trees are properly protected during project construction.

B. The project is located within the center of Gene C. Reid Park. The CMAR contractor shall conduct construction operations in a manner designed to cause as little disruption to the remainder of the park as possible.

BUILDINGS

New buildings and structures will be included in the project construction. Refer to the list above.

UTILITIES EXISTING AND NEW

A. The project will involve the upgrade and expansion of existing utility connections for electric service, water and sewer.

B. There will be a strong need for contractor’s coordination with all utility providers for their respective service/installations.

C. Existing utilities in or around the project sites are extensive. There will be a strong need to work carefully around existing utilities.

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AREAS OF SPECIALIZED CONSTRUCTION

Water Feature Installation

The contractor will be installing water features and must demonstrate experience with construction tolerance capabilities, experience with interactive water features, experience with recirculating water features, typical water feature construction assemblies, familiarity with water feature controls, including process, animation and lighting controls.

BUSINESS SERVICES DEPARTMENT Page 9 of 83

D. INSTRUCTION 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/General 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 CONFERENCE:

If scheduled, the date and time of a Pre-submittal conference is indicated in Notice. Attendance at this conference is not mandatory. Written minutes and/or notes will not be available, therefore attendance is encouraged. If an Offeror is unable to attend the Pre-submittal Conference questions may be submitted in writing. Offerors are encouraged to submit written questions, via electronic mail or facsimile, at least five days prior to the Request for Qualifications due date to the Contract Officer listed above. The purpose of this conference will be to clarify the contents of this Request for Qualifications in order to prevent any misunderstanding of the City's position. Any doubt as to the requirements of this Request for Qualifications or any apparent omission or discrepancy should be presented to the City at this conference. The City will then determine the appropriate action necessary, if any, and may issue a written addendum to the Request for Qualifications. Oral statements or instructions will not constitute an addendum to this Request for Qualifications.

https://secure.procurenow.com/portalucson-az/projects/15145?section=107073

BUSINESS SERVICES DEPARTMENT Page 10 of 83

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 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 REQUEST FOR QUALIFICATIONS:

The Offeror shall acknowledge receipt of a Request for Qualifications Addendum.

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.

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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.

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.

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B. The Offeror shall not discriminate against any employee or applicant for employment in violation of Federal or State law.

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

D. The Offeror hereby certifies that the individual signing the submittal is an authorized agent for the Offeror and has the authority to bind the Offeror to the Contract.

D.12. WHERE TO SUBMIT STATEMENT OF QUALIFICAITONS:

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

Late submittals will be rejected.

D.14. OFFER & EXECUTION

Offerors shall submit the Offer page located in this RFQ with their submittal, acknowledging (i.e.

signature) their intent to enter into negotiations on this solicitation. In addition, Offerors are reminded that if awarded a contract they will be required to agree to the CMAR Terms and Conditions and the General Conditions of the Contract as outlined in the Construction Services Agreement. As such, any exceptions to the Terms and Conditions shall be identified in the Offerors submittal.

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

BUSINESS SERVICES DEPARTMENT Page 13 of 83 the City shall cease negotiations with that Offeror and either begin negotiations with the next ranked Offeror or may choose to cancel the solicitation in its entirety. In the event that the City is not able to negotiate successfully with the next ranked Offeror, the City shall cease negotiations with that Offeror and either begin negotiations with the third ranked Offeror or may choose to cancel the solicitation in its entirety. Award shall be made to the Offeror whose submittal and subsequent negotiation is most advantageous to the City

D.18. VENDOR APPLICATION:

Prior to the award of a Contract, the successful offeror shall register with the City’s Business Services Department. Registration can be completed at http://www.tucsonprocurement.com/ by clicking on Vendors, Registration for Notifications of Solicitations. Please note that email notifications of newly published solicitations and addenda will be provided to those vendors that select email as their preferred delivery method in their vendor record.

D.19. CITY OF TUCSON BUSINESS LICENSE:

It is the responsibility of the Contractor to have a City of Tucson Business License throughout the life of this contract or a written determination from the City's Business License Section that a license is not required. At any time during the contract, the City may request the Contractor to provide a valid copy of the business license or a written determination that a business license is not required. For questions contact the City's Business License Section at (520) 791-4566 or email at license@tucsonaz.gov

D.20. 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.21. 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.22. 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/portalucson-az/contracts upon issuance of a Notice of Intent to Award or upon final contract execution.

http://www.tucsonprocurement.com/ mailto:license@tucsonaz.gov https://procurement.opengov.com/portalucson-az/contracts

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D.23. 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;

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.24. 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.25. (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.26. 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.

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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 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 SOQ’s 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. Experience and Qualifications of the Firm/Team on Similar Projects

B. Approach to Performing the Required Services

C. Issues/Challenges/Innovations for the Proposed Project

D. Subcontractor Selection Plan

E. Other Criteria

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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. ACKNOWLEDGEMNT OF ANY AND ALL RFQ ADDENDA

Pursuant to Instruction to Offerors, "Addendum of Request for Qualifications".

E.7. 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.

https://secure.procurenow.com/portalucson-az/projects/15145?section=107070

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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.

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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. 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.6. 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.7. 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.8. 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.

G.9. 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.

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G.10. 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.11. 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.12. 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, favor, or service to a public servant in connection with the submitted offer.

D. The Offeror submitting the offer hereby certifies that the individual signing the offer is an authorized agent for the Consultant and has the authority to bind their firm to a Contract.

H.2. Confidentiality of Records

The Offeror shall establish and maintain procedures and controls that are acceptable to the City for the purpose of assuring that no information contained in its records or obtained from the City or from others in carrying out its functions under the RFQ shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties of Evaluating Statements of Qualifications.

Persons requesting such information should be referred to the City. Offeror also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Consultant as needed under the RFQ, unless otherwise agreed to in writing by the City.

H.3. Gratuities

The City may, by written notice to the Consultant, cancel this solicitation if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Consultant or any agent or representative of the Consultant, to any officer or employee of the City amending. In the event this solicitation is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold from the Consultant the amount of the gratuity.

H.4. Applicable Law

This RFQ shall be governed by the law of the State of Arizona, and suits pertaining to this RFQ shall be brought only in Federal or State courts in the State of Arizona.

H.5. Legal Remedies

All claims and controversies shall be subject to the Tucson City Charter and Code.

H.6. Contract Addenda

The Business Services Department - Procurement Division has the sole authority to:

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A) Amend the contract or enter into supplemental verbal or written agreements;

B) Grant time extensions or contract renewals;

C) Otherwise modify the scope or terms and provisions of the contract.

The contract shall only be modified with the approval of the Department of Procurement. Except in the case of documented emergency, approval must be granted prior to performance. Any contract modification not explicitly approved by the Department of Procurement through a written contract addendum or change order is performed at the sole risk of the Contractor and may not be eligible for payment by the City.

H.7. Provisions Required by Law

Each and every provision of law and any clause required by law to be in the RFQ shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the RFQ shall forthwith be physically amended to make such insertion or correction.

H.8. Advertising

Consultant shall not advertise or publish information concerning this selection process without the prior written consent of the City.

H.9. Right to Inspect

The City may, at reasonable times, and at the City's expense, inspect the place of a Consultant/Contractor or sub-consultant/subcontractor which is related to the performance of any contract to be awarded.

H.10. Right to Audit

The City and its authorized representatives shall have the right, upon reasonable written notice to Contractor, to cause an audit to be made of the Contractor's books and records which relate to its operations under this Contract. The audit shall be limited to the term of this Contract. The City shall have the right to examine and to make copies of or extracts from all financial and related records (in whatever form they may be kept, whether written, electronic, or other) relating to or pertaining to this Contract kept by or under the control of the Contractor, including, but not limited to those kept by the Contractor, its employees, agents, assigns, successors and subcontractors. Such records shall include, but not be limited to, accounting records, subcontractor records, payment vouchers and invoices.

The Contractor shall at any time requested by City, whether during or after completion of this Contract, and at Contractor’s own expense make such records available for inspection and audit (including copies and extracts of records as required) by City. Such records shall be made available to City during normal business hours at the Contractor’s office, place of business, an agreed to location, mailed or provided electronically. If, as a result of such audit, the Contractor is liable to the City for the payment of any sum, Contractor shall promptly pay such sum to the City together with interest thereon at the rate of one percent (1%) per month from the date such sums should have been paid. Payment shall be made

BUSINESS SERVICES DEPARTMENT Page 25 of 83 within 90 days from presentation of City’s findings to Contractor.

If the audit discovers substantive findings related to fraud, misrepresentation, or non‐performance, City may recoup the costs of the audit work from the Contractor. The City's rights under this provision shall survive the expiration or termination of the Contract.

H.11. Cost of Proposal Preparation

The City shall not reimburse the cost of developing, presenting, or providing any response to Step One of the selection process.

H.12. Public Record

All Statements of Qualifications submitted in response to this request shall become the property of the City and shall become a matter of public record available for review subsequent to the award notification.

H.13. Subsequent Employment

The City may cancel this solicitation without penalty or further obligation pursuant to A.R.S. Section 38- 511 if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract, on behalf of the City is or becomes, at any time while the RFQ or any extension of the RFQ is in progress, an employee of, or a Consultant to any other party to this solicitation with respect to the subject matter of the RFQ.

H.14. Project Compliance

At a minimum, the Consultant should be aware that any of the following may apply to this project.

Compliance with these is required and it shall be the responsibility of the CMARto alert the City of any deviation from this requirement. (Note: It is the CMAR’s sole responsibility to ensure that they comply with all applicable Federal, State and Local regulations. The inclusion of this list is for informational purposes only and is not intended to be all inclusive).

H.15. City of Tucson Business License

It is the responsibility of the Contractor to have a City of Tucson Business License throughout the life of this contract or a written determination from the City's Business License Section that a license is not required. At any time during the contract, the City may request the Contractor to provide a valid copy of the business license or a written determination that a business license is not required. Application for a City Business License can be completed at http://www.tucsonaz.gov/etax. For questions contact the City's Business License Section at (520) 791-4566 or email at tax-license@tucsonaz.gov."

H.16. Federal Immigration Laws and Regulations

Contractor warrants that it complies with all Federal Immigration laws and regulations that relate to its employees and complies with A.R.S. § 23-214(A) and that it requires the same compliance of all subcontractors under this Contract. Contractor acknowledges that pursuant to A.R.S. § 41- 4401 and

BUSINESS SERVICES DEPARTMENT Page 26 of 83 effective September 30, 2008, a breach of this warranty is a material breach of this Contract subject to penalties up to and including termination of this Contract. The City retains the legal right to audit the records of the Contractor and inspect the papers of any employee who works for the Contractor to ensure compliance with this warranty and the Contractor shall assist in any such audit. The Contractor shall include the requirements of this paragraph in each contract with subcontractors under this Contract.

If the Contractor or subcontractor warrants that it has complied with the employment verification provisions prescribed by sections 274(a) and 274(b) of the Federal Immigration and Nationality Act and the E-verify requirements prescribed by

A.R.S. § 23-214(A), the Contractor or subcontractor shall be deemed to be in compliance with this provision. The City may request proof of such compliance at any time during the term of this Contract by the Contractor and any subcontractor.

H.17. Performance Rating

At the completion of each term or termination of this contract, the City may…