Construction_Surveillance_Services.pdf

CITY OF TUCSON

REQUEST FOR PROPOSAL

230098

CONSTRUCTION SURVEILLANCE SERVICES

Due Date: Thursday, March 9, 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/35542

PUBLISH DATE: February 16, 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. 230098

BUSINESS SERVICES DEPARTMENT Page 2 of 36 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 Language

BUSINESS SERVICES DEPARTMENT Page 3 of 36

A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR PROPOSAL NO 230098

TITLE: Construction Surveillance Services

SUBMITTAL DUE DATE: Thursday, March 9, 2023 AT 2:00 P.M. LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE: Tuesday, February 28, 2023

TIME: 2:00 pm LOCAL AZ TIME

LOCATION: https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDNlYjM0MTktOGVjNC00MmE2LWEzMmItYzQzMjcwMDEyOTA4%40thread.v 2/0?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

Posted Date: Thursday, February 16, 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 requesting proposals from qualified firms to establish an annual requirements contract for miscellaneous construction surveillance services for Transportation construction projects.

The term of this contract will be one-year with TWO (2) two-year renewal options. Services will be requested on an as-needed, if-needed basis.

It is anticipated that Regional Transportation Authority (RTA) funding will be utilized under the resulting contracts. Therefore, The RTA shall be listed as an additionally insured on the requisite Insurance certificate and as an additional indemnitee in the resulting contract.

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 February 16, 2023

Pre-Proposal Meeting (Non- Mandatory)

February 28, 2023, 2:00pm

Agenda https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDNlYjM0MTktOGVjNC00 MmE2LWEzMmItYzQzMjcwMDEyOTA4%40thr ead.v2/0?context=%7b%22Tid%22%3a%22d2 1e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%224d d6ef81-011f-43e1-b8dd-8668cf929fb8%22%7d

Question Submission Deadline March 1, 2023, 2:00pm

Proposal Submission Deadline March 9, 2023, 2:00pm https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDNlYjM0MTktOGVjNC00MmE2LWEzMmItYzQzMjcwMDEyOTA4%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_MDNlYjM0MTktOGVjNC00MmE2LWEzMmItYzQzMjcwMDEyOTA4%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_MDNlYjM0MTktOGVjNC00MmE2LWEzMmItYzQzMjcwMDEyOTA4%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_MDNlYjM0MTktOGVjNC00MmE2LWEzMmItYzQzMjcwMDEyOTA4%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_MDNlYjM0MTktOGVjNC00MmE2LWEzMmItYzQzMjcwMDEyOTA4%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_MDNlYjM0MTktOGVjNC00MmE2LWEzMmItYzQzMjcwMDEyOTA4%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_MDNlYjM0MTktOGVjNC00MmE2LWEzMmItYzQzMjcwMDEyOTA4%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_MDNlYjM0MTktOGVjNC00MmE2LWEzMmItYzQzMjcwMDEyOTA4%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 36

C. SCOPE OF WORK

C.1. Scope of Work

I. GENERAL

This scope of work includes all construction inspection and materials sampling, except as noted below, required for public works construction for projects assigned under the terms of the resulting contract.

All work is to be performed to City standards or as modified by the City to meet the requirements of the specific project. The Consultant shall provide an experienced inspector, properly trained, and completely equipped to observe and inspect a public works construction project.

It is the intent of the City of Tucson to engage, through this services contract, construction inspection services as defined in this contract. The Consultant’s Inspectors do not have the authority to act on behalf of the City except as described herein.

Prior to hiring an Inspector, the Consultant must provide the City department a resume for each person being considered for employment, which shall include:

• Specific work experience

• Number of years experience in the inspection field (preferably in road construction)

• Educational background

• Related certifications as detailed below

The proposed Inspector must be available to be interviewed by using department prior to commencing work. The using department reserves the right to deny any person deemed unqualified. The person hired must be fully equipped (must have own transportation to quickly travel from job site to job site, appropriate work clothes, safety shoes, and any tools necessary to perform the specified services) to observe and inspect public works construction projects.

II. CERTIFICATIONS REQUIRED

All personnel assigned to perform construction materials sampling and surveillance are required by the City of Tucson to hold Arizona Technical Institute (ATTI) and American Concrete Institute (ACI) certification as follows:

• Smart Scape Class – Personnel performing landscape inspections shall have successfully taken and passed this class. This is a general information class that pertains to landscaping

• ATTI Field Technician Certification - Personnel performing field sampling and testing of soils, aggregates and asphaltic concrete.

• ATTI Soils/Aggregate Laboratory Technician Certification - Personnel performing laboratory testing of soils and aggregates, as well as testing of asphaltic concrete.

• ACI Concrete Field Testing Technician Grade I Certification - Personnel performing field and laboratory sampling and testing of Portland cement concrete.

• ATTI Asphalt Testing Certification - Personnel performing lab testing of bituminous asphalt.

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ATTI Field Testing Technician Certification and the ACI Concrete Field Testing Technician Grade I Certification are mandatory of all persons performing work under this contract.

The ATTI Soils and Aggregate Lab Technician Certification and the ATTI Asphalt Technician Certification are optional for positions other than positions working with our materials laboratory, conducting testing on these materials.

III. EQUIPMENT REQUIRED

• Pima County/City of Tucson Standard Specifications and Details, current editions

• Slump Cone with Scoop and Rod

• Small Scoop and Rod (Concrete Cylinders)

• 4' Level

• Engineer's Measuring Tape (25')

• Vehicle (No Motorcycles)

• Measuring Wheel (12" Diameter, or larger)

• Ladders

• Wheelbarrow

• Hard Hat

• Reflective Safety Vest

• Appropriate Attire (No Shorts)

• Cellular Phone, inclusive of Service and Calling Charges

• Equipment necessary to perform Arizona Test Method 230 (Field Density by Sand Cone Method) OR Arizona Test Method 235 (Field Densities by Nuclear Method)

• Windows based Laptop Computer with word processing and spreadsheet generating capacity. The generated documents need to be compatible with Word and Excel (2003 versions).

IV. SURVEILLANCE

The Consultant shall provide an Inspector who is experienced in all phases of public works construction.

The Inspector shall perform all surveillance of the construction work, keep complete detailed daily records showing the type, amount, and location of all work performed by the contractor, perform concrete sampling, and take all necessary action to ensure that all work is in compliance with the construction plans and specifications and provide complete and accurate records including a redlined copy of the construction drawings and any additional information which shall be utilized by City staff for the preparation of as-built drawings.

The Inspector shall be present at the job site as deemed necessary by the Construction Section Supervisor or designated representative.

V. MATERIALS SAMPLING AND TESTING

The Consultant's Inspector shall obtain and deliver to a laboratory, designated by the Construction Section Supervisor, all samples for which testing is necessary to ensure compliance with the specifications set forth in a projects construction contract. Any ability of the City to designate a material

BUSINESS SERVICES DEPARTMENT Page 8 of 36 sample to be tested shall not be deemed to relieve the Consultant of his responsibility of surveillance or ensuring adequate sampling for testing under this contract.

For laboratory sampling or testing services required in the field, the Consultant shall obtain prior authorization from the Construction Section Supervisor or designated representative before arranging for field services by the designated testing laboratory.

VI. COORDINATION

All questions or problems shall be referred to the Construction Section Supervisor or designated representative who shall refer the matter by order of priority to the original design engineer, the City Project Manager, or other appropriate City personnel, for resolution or take other action as deemed necessary and appropriate. The Inspector shall coordinate efforts of the contractor with the project survey crew for construction staking and with the Using Department.

VII. REPORTS

The Consultant's Inspector shall keep a complete and accurate written daily log on forms supplied by the City, a field book and a Weekly Work Summary, indicating the progress of construction consistent in detail and form with records kept by the City of Tucson Engineering Inspectors. Section 105 of the Pima County/City of Tucson Standard Specifications for Public Improvements shall be followed except as modified by the City Engineer.

The Consultant's Inspector shall report construction progress, conditions, and problems to the Construction Section Supervisor or designated representative on a regular daily basis (more often if deemed necessary by the consultant). The report shall be verbal or written. All work activities of the Consultant shall be coordinated with the contractor.

VIII. SERVICES

The Consultant agrees to render services within seven (7) calendar days and upon receipt of notice to diligently proceed with any or all of the following services:

A. Pre-construction Conference and Neighborhood Meetings - Prior to construction, the Consultant's Inspector shall attend a pre-construction conference with the construction contractor and City representatives at which time known pertinent construction phases will be coordinated. When necessary, the Consultant's Inspector shall also attend neighborhood meetings.

B. Construction Surveillance - The Consultant shall furnish a competent and experienced inspector to oversee all portions of the work to insure that it is being performed in accordance with the contract drawings, specifications, and shop drawings. It shall be the responsibility of the Consultant's Inspector to ensure that project construction is accomplished in accordance with the most recently revised and approved operational schedule and construction documents. The Consultant's Inspector shall report all non-conformities of materials, equipment, workmanship and/or performance to the Construction Section Supervisor or designated representative as soon as possible. A written account will be submitted within 24 hours after the observation and again after correction is made.

The Consultant's Inspector shall report daily to the Construction Section Supervisor or designated representative.

The Consultant's Inspector shall refer all questions concerning contractor activities, items for payment, including quantities, and all interpretations of the plans and/or specifications to the Construction Section Supervisor or designated representative.

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The Consultant's Inspector shall sign all requests for survey staking as being aware of the requests, whether or not that Consultant is providing construction surveying services.

The Consultant Materials Inspector shall provide the quality assurance field and laboratory testing for the project as detailed in the contract.

The Consultant shall provide an Inspector who is experienced in all phases of public works construction.

All supportive equipment and tools, including necessary vehicles, and personal safety equipment, shall be provided by the Consultant. The Inspector shall perform all surveillance of the construction work, keep complete detailed daily records showing the type, amount, and location of all work performed by the contractor, perform concrete sampling, and take all necessary action to ensure that all work is in compliance with the construction plans and specifications and provide complete and accurate records including a redlined copy of the construction drawings and any additional information which shall be utilized by City staff for the preparation of as-built drawings. The Inspector shall be present at the job site as deemed necessary by the Construction Section Supervisor or designated representative.

C. Materials Sampling and Testing - The Consultant's Inspector shall obtain and deliver all materials required to be tested by the specifications set forth in the project construction contract to the testing laboratory, designated by the Construction Section Supervisor for field testing services. The Consultant shall obtain the prior approval of the Construction Section Supervisor before requesting the designated testing laboratory to provide laboratory testing services in the field. The designated testing laboratory shall forward all invoices for laboratory services directly to the City for payment.

D. Progress Reports - The Consultant will prepare and submit written weekly progress reports on forms furnished by the City indicating the progress of the construction work, justification for deviations from the current operational schedules, and the estimated progress during the next reporting period. In addition, the Consultant's Inspector shall complete, legibly and in ink on a daily basis, the City's Daily Report Form and the "Weekly Time Report".

E. Completion Report - The Consultant's Inspector shall assist the Construction Section Supervisor in the preparation of the completion report and recommendations for acceptance of the project.

F. As-Built Drawings - The Consultant's Inspector will mark one set of construction drawings to show all changes made during construction. The source of design and authorization for any changes shall also be included on the prints. The completely "As-Built" annotated prints will be delivered to the City by the Consultant within ten (10) days after completion of the construction. Drafting revisions to original drawings for "As-Builts" will be done by the City. Such drafting shall incorporate all "As-Built" notes from the Consultant's Inspector.

G. Shop Drawings - Upon receipt from the contractor, the Consultant's Inspector shall forward all shop drawings to the City's Project Manager or his designated representative for review. After review, shop drawings shall be returned to the Consultant's Inspector for transmittal to the contractor.

H. Time Records - The Consultant shall maintain complete, current, and daily records covering all time worked by the Consultant's Inspector at the hourly rates cited in the Contract. The City shall have the right to audit and/or examine such records at its discretion at any time during the progress of this contract and shall withhold payment if documentation is found by the City to be incomplete or erroneous.

IX. PAYMENT FOR SERVICES

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In consideration for the performance of services described in the Scope of Services, the City shall pay the Consultant a sum based on hourly rates set forth in the accepted project proposal and actual hours worked.

Hourly rates shall be all inclusive, including but not limited to travel expense, overhead, profit, and all other expenses incidental to the furnishing of a completely equipped Inspector. No allowance shall be made for Consultant clerical support. It is the intent of the City that technical questions regarding inspection or materials sampling be handled by the Construction Section Supervisor or designated representative.

Overtime rates, if necessary, shall apply to actual personnel costs only and shall not include vehicle costs or overhead and profit. Overtime will be based on authorized work over 40 hours in a work week.

Any overtime requirements must receive prior authorization from the Construction Section Supervisor or designated representative. The Overtime Rate shall not exceed 1.5 times the Base Rate. For purposes of the Fair Labor Standards Act, the City of Tucson establishes the work week, defined by the City of Tucson Administrative Directive 2.01-2 as a seven (7) consecutive-day period, beginning on Sunday 12:01 AM and ending on Saturday at 12:00 PM.

The City will make monthly payments toward services rendered under the Scope of Services. The Consultant shall submit an invoice in a format acceptable to the using department, when services are approved for monthly progressive payments, and for final payment at 100% completion. Each invoice shall show the project name, contract number, purchase order number, the names of inspection personnel, and job classifications as related to this contract with the hours worked during the applicable billing period, billing period and cumulative to date costs per project, and other identification as required by the using department. In addition, each invoice must bear a written certification by an authorized City representative confirming the services for which payment is requested.

X. SEPARATE CONTRACTS

It is the City intention to make multiple awards under this solicitation. The resulting contracts will be awarded to independent firms that are not affiliated with one another. Firms shall be considered affiliates of each other when either directly or indirectly (1) one firm controls or has the power to control the other, (2) a third-party (or parties) controls or has the power to control both, or (3) an identity of interest between or among parties exist such that affiliation may be found. In determining whether affiliation exists, consideration shall be given to such factors as common ownership, common management, and contractual relationships.

XI. LEVELS OF INSPECTION SEVICES

A. Inspector I – Basic inspection services. Knowledge in construction processes, plan reading, project documentation, traffic control, and materials sampling. Computer experience required. Working knowledge of Excel, and Word computer programs. Minimum Certifications – ATTI Field Technician and ACI Field Testing Technician Grade I.

B. Inspector II – Experienced Inspector. Typically 18 to 24 months as an Inspector I. Extensive construction inspection experience. Capable of being a lead inspector on any construction project.

Experience on State and Federally funded projects including but not limited to all required inspections and inspection documentation. Experience with all required City of Tucson inspection documentation.

Excellent written and oral communication skills. Extensive Excel and Word experience. Minimum Certifications – ATTI Field Technician and ACI Field Testing Technician Grade I.

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C. Inspector III/Quality Control Specialist – Experienced Inspector. Typically 18 to 24 months as an Inspector II. Inspectors under this classification would be experienced in a wide variety of inspection specialties. Examples of typically duties would be creating Materials Checklists and Certification Logs.

Special inspections for bridge and structure construction. Working with the City of Tucson’s Material Lab and the Contractor to make sure that all required materials samples are taken per the City of Tucson Materials Quality Assurance Program. Similar experience on State and Federally funded projects as the Inspector II. Minimum Certifications – ATTI Field Technician Certification, ATTI Soils/Aggregate Laboratory Technician Certification, ATTI Asphalt Testing Certification, ACI Concrete Field Testing Technician Grade I Certification, and any job specific required certifications needed for any special inspection.

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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/portal/tucson-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/portal/tucson-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.

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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/portal/tucson-az.

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

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

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

DEADLINE WILL NOT BE CONSIDERED.

D.13. 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 16 of 36

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/portal/tucson-az.

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

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

BUSINESS SERVICES DEPARTMENT Page 17 of 36

E. OFFER EVALUATION AND CONTRACT AWARD

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

A. Experience and Expertise of Firm and Personnel

B. Past Performance

C. Price 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.

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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/portal/tucson-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/portal/tucson-az

BUSINESS SERVICES DEPARTMENT Page 19 of 36

F. EVALUATION PHASES

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience and Expertise of Firm and Personnel

1. Provide a brief history of the firm, including addresses for all locations, years in business, etc.

2. Identify any subcontractors, if any, you might propose to use.

3. Provide the experience of the firms personnel on similar projects. Identify type and location of similar work to illustrate the work quality. Show how the experience relates to what the City requires. Include a contact name, agency, title, email address and phone number. Identify similar projects and demonstrate how the experience / knowledge gained will benefit this project.

4. List specific team members proposed to provide the necessary services under the resulting contract, their relevant experience and provide resumes. Resumes should include:

• Specific work experience

• Number of years experience in the inspection field (preferably in road construction)

• Educational background

• Related certifications as detailed in the Scope of Services

N/A N/A

2. Past Performance

1. Identify up to Three (3) similar type contracts the Firm has been awarded in the last Ten (10) years. Include agency, work performed, contact person, title, email address and phone number for each contract.

2. Provide Three (3) References for the similar projects identified Experience and Expertise of Firm and Personnel Item 3.

N/A N/A

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

N/A N/A

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G. PRICING

HOURLY RATES

Rates shall include the inspector’s hourly rate, the cost of vehicular transportation, all costs associated with the necessary inspection equipment and all other costs associated with performing the work as specified in this RFP.

Line Item Description Unit of Measure

Unit Cost

1 Landscape Inspector Hour

2 Electrical/Communications Inspector Hour

3 Demolition Inspector Hour

4 Inspector I Hour

5 Inspector II Hour

6 Inspector III Hour

7 Materials Testing Inspector Hour

OVERTIME RATE

Rates shall include the inspector’s hourly rate, the cost of vehicular transportation, all costs associated with the necessary inspection equipment and all other costs associated with performing the work as specified in this RFP.

Line Item Description Unit of Measure

Unit Cost

1 Landscape Inspector Hour

2 Electrical/Communications Inspector Hour

3 Demolition Inspector Hour

4 Inspector I Hour

5 Inspector II Hour

6 Inspector III Hour

7 Materials Testing Inspector Hour

BUSINESS SERVICES DEPARTMENT Page 21 of 36

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. LIVING WAGE REQUIREMENTS

Contractor will comply with all applicable provisions of the City’s Living Wage Ordinance (Article XIV of the Tucson Procurement Code). Contractor will, upon request, affirm in writing that Contractor is in compliance and will provide City with information and documentation demonstrating that compliance.

The City’s Living Wage ordinance can be found at the following link:

https://tucsonprocurement.com/bidders_livingwage.aspx.

H.4. 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.5. 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 two (2) additional two-year periods or portions thereof.

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

BUSINESS SERVICES DEPARTMENT Page 22 of 36

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. I understand that if I have any employees working for me, I must maintain workers' compensation insurance on them.

BUSINESS SERVICES DEPARTMENT Page 23 of 36

I.5. Professional Liability (Errors & Omissions)

Policy must have coverage limits no lower than:

A. Each Claim: $1,000,000

B. Annual Aggregate: $2,000,000

I.6. Policy Change Notice

Contractor will give the City 30 days advance written notice before any of the above policies are changed in any manner that is inconsistent with the requirements of this Contract. The notice must be sent directly to the Procurement Division of the Business Services Department.

I.7. Additional Insured

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. The City must be covered to the full policy limits, even if those limits of liability are in excess of those required by this Contract. The coverage must be primary and any insurance carried by City is excess and not contributing.

I.8. Claims-Made 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.

I.9. Additional Requirements

Each insurance policy required by this Contract, excluding Professional Liability (Errors & Omissions), must include or be endorsed to include to provide the following:

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

B. The policy is primary and any insurance carried by the City is excess and not contributing.

C. The coverage provided by the policy is not limited to the liability assumed under the indemnification provisions of this Contract.

D. The insurer will provide written notice to the City at least ten (10) calendar days before the policy is terminated or cancelled or the coverage is reduced.

I.10. Verification of Coverage

A. Contractor will give the City certificates of insurance (ACORD form or equivalent approved by the City), signed by an authorized representative of the insurer, showing that the Contractor has all the insurance required by this Contract.

BUSINESS SERVICES DEPARTMENT Page 24 of 36

B. Contractor must deliver the certificates directly to the Procurement Division of the City’s

Business Services Department before the Contractor commences work under this Contract.

C. The certificates must contain the City project/contract number and project description.

D. The City reserves the right to require complete copies of all insurance policies required by this Contract at any time.

I.11. Subcontractors

Contractors’ insurance certificate(s) must include all subcontractors as insureds…