Cultural_Resources_and_Archaeological_Services_(Addendum_#2_Revision).pdf

CITY OF TUCSON

REQUEST FOR PROPOSAL

230036

CULTURAL RESOURCES AND ARCHAEOLOGICAL SERVICES

Due Date: Tuesday, October 18, 2022

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/26382

PUBLISH DATE: September 16, 2022 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. 230036

BUSINESS SERVICES DEPARTMENT Page 2 of 38 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Maritza Felix

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-4107

Attachments:

A - OFFER AND ACCEPTANCE

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A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR PROPOSAL NO 230036

TITLE: Cultural Resources and Archaeological Services

SUBMITTAL DUE DATE: Tuesday, October 18, 2022 AT 2:00 P.M. LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE: Monday, September 26, 2022

TIME: 2:00 pm LOCAL AZ TIME

LOCATION: Virtual Teams Meeting https://teams.microsoft.com/l/meetup-join/19%3ameeting_Zjk1ODViYjgtZmVjNy00NTRmLWI0OTAtMzRkMjJkNTMzZWUx%40thread.v2/0?

context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d Call in # 1-213-293-2303 Conference ID# 254 536 621#

QUESTIONS SHALL BE DIRECTED TO: Maritza Felix

(520) 837-4107 maritza.felix@tucsonaz.gov

Posted Date: Friday, September 16, 2022

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

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

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

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B. INTRODUCTION

B.1. Summary

The City of Tucson is seeking submittals from Consultants to perform cultural resource assessment, testing, data recovery, and historic preservation services. Consultants must be experienced in all pertinent disciplines, research facilities, equipment, specialist studies and labor to provide the cultural resource services necessary under the Contract. When historic buildings and structures are involved, the professional services of an architect with special qualifications in historic preservation shall be employed. Most work under this contract will be small projects and, historically, spend under the existing contract for these services has ranged between $300,000.00 and $3,000,000.00 per year. Work under this contract will be performed on an as-needed, if-needed basis and no minimum volume of services should be assumed or is guaranteed. Work will be distributed among the selected Consultants based on their availability and ability to meet the City’s time lines and the City’s cultural resource assessment workload. It is anticipated that the City will select multiple Consultants that can perform some or all of cultural resource services listed.

B.2. Contact Information

Maritza Felix Senior Contract Officer Email: maritza.felix@tucsonaz.gov Phone: (520) 837-4107 Department:

Development Services

B.3. Timeline mailto:maritza.felix@tucsonaz.gov tel:(520)837-4107

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Release Project Date September 16, 2022

Pre-Proposal Meeting (Non- Mandatory)

September 26, 2022, 2:00pm Virtual Teams Meeting https://teams.microsoft.com/l/meetup-join/19%3ameeting_Zjk1ODViYjgtZmVjNy00NT RmLWI0OTAtMzRkMjJkNTMzZWUx%40thread .v2/0?context=%7b%22Tid%22%3a%22d21e5 9ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%2292 36485a-e235-4796-b69f- 4eec05422ed4%22%7d

Call in # 1-213-293-2303 Conference ID# 254 536 621#

Question Submission Deadline September 30, 2022, 4:00pm

Proposal Submission Deadline October 18, 2022, 2:00pm https://teams.microsoft.com/l/meetup-join/19%3ameeting_Zjk1ODViYjgtZmVjNy00NTRmLWI0OTAtMzRkMjJkNTMzZWUx%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Zjk1ODViYjgtZmVjNy00NTRmLWI0OTAtMzRkMjJkNTMzZWUx%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Zjk1ODViYjgtZmVjNy00NTRmLWI0OTAtMzRkMjJkNTMzZWUx%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Zjk1ODViYjgtZmVjNy00NTRmLWI0OTAtMzRkMjJkNTMzZWUx%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Zjk1ODViYjgtZmVjNy00NTRmLWI0OTAtMzRkMjJkNTMzZWUx%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Zjk1ODViYjgtZmVjNy00NTRmLWI0OTAtMzRkMjJkNTMzZWUx%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Zjk1ODViYjgtZmVjNy00NTRmLWI0OTAtMzRkMjJkNTMzZWUx%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Zjk1ODViYjgtZmVjNy00NTRmLWI0OTAtMzRkMjJkNTMzZWUx%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d

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C. SCOPE OF WORK

C.1. BACKGROUND

During the course of public works projects proposed for construction by the City of Tucson (City), investigations are necessary to identify and evaluate the presence and significance of cultural resources (including prehistoric and historic archaeological sites, historic structures, and other types of historic properties) that may be impacted by construction projects funded by or under the direction of the City, and which may be required to comply with Section 106 of the National Historic Preservation Act. Examples of such public works projects are the maintenance and upgrading of existing roads as well as construction of new roads, bridges, park facilities, buildings, water lines, linear parks, police stations, libraries, transit centers, affordable housing, landfills, as well as flood control measures such as bank stabilization, water detention basins and drainage improvements. If mitigation is required, appropriate preservation, data recovery or documentation programs will be conducted.

The City therefore has the need for cultural resource Consultants to be available on an as-needed basis to undertake archaeological research, record checks, surveys, testing or other significant evaluations and data recovery programs. In addition, there is a need for historic preservation services that include historical and architectural research, surveys, assessments, documentation and the preparation of nominations to the National Register of Historic Places for archaeological sites as well as historic buildings and structures.

The regulatory basis for these activities is through the Arizona Antiquities Act, A.R.S. Title 41, Article 4, Archaeological Discoveries, Sections 41-841 through 41-846, that addresses the identification and documentation under permit of cultural resources that might be impacted as a result of state, county, or municipal actions. When proposed projects involve other state or federal agencies, other preservation laws are likely to pertain; chiefly, the State Historic Preservation Act involving the State Historic Preservation Office (SHPO), and the National Historic Preservation Act, as amended, and its implementing regulations 36CFR800. Other laws and regulations may be applicable depending on the funding source(s) and required permits of the project.

C.2. GENERAL

Consultants selected may be requested to perform various cultural resource service projects concerning archaeological sites and historic properties. The scopes of work for as-needed Cultural Resource Services projects may include, but are not limited to the following:

1. Conduct records checks, research, and literature searches to identify previously recorded cultural resources and areas of previous research, and prepare reports.

2. Conduct historical and archival research and prepare reports.

3. Conduct intensive field surveys and inventory, assess, and map archaeological sites and isolated artifact occurrences, under a current State Antiquities Permit issued by the Arizona State Museum (ASM), fully report all findings and submit all records to the ASM, and fulfill all other Permit requirements.

4. Conduct historic building inventories and architectural surveys and complete Arizona Historic Property Inventory Forms.

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5. Prepare evaluations of cultural resources for eligibility for the National Register of Historic Places (NRHP), building condition assessments, or other evaluations.

6. Conduct archaeological testing to determine the natures and extents of archaeological sites and their eligibilities for the NRHP, and prepare reports.

7. Prepare nominations to the National Register of Historic Places.

8. Prepare assessments of potential impacts to cultural resources of a proposed project, and identify a process for compliance with Section 106 of the National Historic Preservation Act, if necessary.

9. Prepare mitigation plans that may include in-place preservation, documentation, and/or data recovery.

10. Conduct scientific investigations and data recovery for archaeological sites, prepare reports, and ensure that all materials and documents are curated with the Arizona State Museum and submit new and updated site records to AZSITE in a timely manner.

11. Conduct monitoring of cultural resources during construction and prepare reports.

12. Prepare building condition assessment reports, stabilization plans, and construction documents for historic building rehabilitation.

13. All cultural resource services must be performed by appropriate professionals who meet the Secretary of the Interior’s Standards.

14. Archaeological work on City property must be conducted under an appropriate State Antiquities Permit and Agreement for the Protection of Human Burials issued by the Arizona State Museum. Burial agreements are required on a case-by-case basis when it is appropriate to have one in place before work is conducted. “City property” is defined as land owned or administered by the City of Tucson, i.e.

City street rights of way, parks, flood control areas, etc.

15. All architectural services must be performed by an architect licensed in the State of Arizona, or an architectural historian, as appropriate.

16. All reports must meet Arizona State Museum and State Historic Preservation Office standards and other requirements as specified by project contract.

C.3. TECHNICAL AND PROFESSIONAL STANDARDS AND GUIDELINES

1. All work conducted under the contract will reflect accepted professional standards and practices consistent with the most current versions of the Secretary of the Interior's Standards for the Treatment of Historic Properties, the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation, and the Advisory Council on Historic Preservation's Treatment of Archeological Properties: A Handbook. In addition, all current guidelines issued by the Arizona SHPO and the Arizona State Museum for the subject tasks shall also be followed during the course of the contract.

2. The Consultant must possess the required permits and registrations necessary to do the work.

C.4. PERSONNEL

1. The Consultant shall identify a Principal Investigator (P.I.) to oversee and coordinate all projects undertaken during the course of the Contract. The P.I. shall be responsible for maintaining a staff and

BUSINESS SERVICES DEPARTMENT Page 8 of 38 facility adequate to complete any work order requiring prehistoric and historic expertise and shall act as liaison between the consultant’s staff and the City. The P.I. shall further ensure the technical accuracy and the timeliness of all work performed as well as completing the work according to budget.

2. For projects that involve archaeological sites, the P.I. will have a graduate degree in anthropology, and professional experience reflected by an employment and publication record that demonstrates successful completion of research design preparation, survey, testing, excavation, and technical report preparation and publication for projects undertaken in Southern Arizona.

3. For projects that focus on historic buildings and other structures, an architectural Consultant with professional experience in architectural history and historic preservation projects shall be employed.

The minimum professional qualifications are a professional degree in architecture, architectural history or a state registration to practice architecture and professional experience in historic preservation projects. This experience may include surveys of historic properties, detailed investigations of historic structures, preparation of historic structure reports, and preparation of plans and specifications for preservation projects.

C.5. PROJECT TIMELINES AND FIELD RESPONSE TIMES

1. The Consultant must have the ability to respond promptly and flexibly to all work order requests.

2. When selected, the Consultant shall perform services in strict accordance with the project time lines agreed upon between the City and the Consultant. Allowances for delays outside of consultant control may be requested and must receive prior approval from the City.

3. Upon receiving Notice to Proceed for emergency archaeological monitoring or data recovery, the Consultant shall have the necessary personnel on-site within 24 hours.

C.6. INSTITUTIONAL/ CORPORATE FACILITIES

1. The Consultant shall have adequate facilities, including field and laboratory equipment, as well as organizational support necessary to perform the work outlined in the Scope of Services.

C.7. PERMITS AND COORDINATION

1. The City is subject to fulfilling the provisions of State statutes, specifically regarding cultural resources, the Arizona Antiquities Act, A.R.S., Title 41, Chapter 4.1, Article 4; Archaeological Discoveries, Sections 41-841 through 41-846. All archaeological fieldwork conducted by the Consultant under the Contract will be completed under a current Antiquities Permit issued to the Consultant by the Arizona State Museum, and any conditions required by this permit will pertain. In the event that other land management agencies might be involved on a specific project, additional permitting requirements may be applicable.

C.8. CURATION

All artifacts, records, photos, maps, and other data generated by any work order will be curated at the Arizona State Museum or other approved curatorial facility. Digital files and hard copies of any report prepared by the Consultant will be submitted to the Arizona State Museum as required by the Antiquities Permit issued for the project.

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C.9. CITY OF TUCSON FURNISHED SERVICES

1. Coordination - The City of Tucson and the Cultural Resource Consultant will complete necessary compliance actions and consultations with the SHPO, the Advisory Council on Historic Preservation, and other agencies as necessary.

2. Project Background - Project drawings, maps, aerial photographs, or reports on the project area will be made available to the Consultant, as appropriate, to facilitate project completion.

3. Access - The City will assume responsibility for obtaining rights-of-entry. The Consultant will obtain all required permits and arrange for utility blue staking.

C.10. PUBLICATIONS

1. It is expected that the Consultant and those in the Consultant’s employ may, during the term of the contract, present papers to professional societies, or prepare articles for publications based on work completed for the City. Proper credit shall be given to the City as sponsoring the work and a minimum of two copies of each paper presented or report published shall be furnished to the City.

No prohibitions are placed on the use of scientific data and other information generated by the contract;

however, copyright shall not be claimed by the Consultant for any materials produced under this Contract. All such materials are to remain in the public domain, excluding sensitive archaeological site location information.

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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.

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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. 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

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E. OFFER EVALUATION AND CONTRACT AWARD

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

A. Firm Experience on Similar Projects

B. Experience and Qualifications of the Team

C. Price Proposal

D. Firm's Approach to Projects

E. Qualifications of the Firm

F. Available Resources

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:

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A. Waive any immaterial defect or informality; or

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

C. Reissue the solicitation.

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;

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

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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.

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F. EVALUATION PHASES

No. Evaluation Criteria Scoring Method Weight (Points)

1. Firm Experience on Similar Projects The Offeror shall provide detailed information of the firm’s experience with projects similar to that described in the Scope of Work. Identify the project, type and scope of work performed. Provide a list of at least five projects with a description of the scope of each and include client names, name of the person who may be contacted for reference and telephone number for each project listed. Provide sufficient detail to illustrate the work scope and quality requirements.

The Offeror shall provide a description of the deliverable(s) produced for the client for two recent projects similar to the Scope of Work.

Include public sector experience where available. For each project, provide:

a. Project Description

b. Project plan and resource allocation

c. Sample project reports and user communications

Demonstrate satisfactory past performance on other archaeological and historic preservation projects

N/A N/A

2. Experience & Qualifications of the Team The Offeror shall submit resumes and detail of applicable individual experience for the proposed Project Manager and all key personnel. Include specific reference to projects each individual has performed under in the past. Include public sector experience where available. For each referenced project, the Offeror shall provide a description of the scope of work, client name, contact person and telephone number. In the event that the use of sub-consultants is proposed, the Offeror shall provide the information required for all proposed sub-consultants as well.

Supervisory personnel, technical analysts, and other professional consultants shall be identified, including a historic archaeologist, and an organizational personnel chart submitted, including sub-consultants.

Resumes shall be included for the principal investigator, supervisory personnel, and the architectural consultant.

N/A N/A

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3. Price Proposal

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

N/A N/A

4. Firm's Approach to Projects The Offeror should present a proposed method of satisfying the requirements of the contract. This should be accomplished by covering the Scope of Work requirements on a point by point basis. The Offeror may utilize a written narrative or any other printed technique to demonstrate the ability to satisfy the Scope of Work.

The Offeror shall provide a detailed response to each requirement of the Scope of Work. The response should demonstrate the Offeror’s proposed approach to each task described, include the staff proposed to be assigned to tasks of each type and describe the deliverables that would be produced following the completion of each task.

The Offeror shall specifically identify any tasks described in the Scope of Work that it is unable or not qualified to perform.

N/A N/A

5. Qualifications of the Firm Submit qualifications of the firm and explain why your firm is especially well qualified to perform the required services. Identify the internal policies and procedures that will be used to assure a quality product and completion of the project on schedule and within budget. Include qualifications of any critical sub-consultants or subcontractors.

List unique skills or knowledge that make your firm or team the best choice for this contract. Describe project management philosophy, cost saving procedures, innovative techniques, or other items that set your firm apart from other consultants.

Describe your firm’s ability and experience in dealing with multiple agencies on a project.

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6. Available Resources

Describe the analytical tools, resources or methodologies commonly used by your firm that may be applicable to the project categories. Indicate the availability of the resources. Submit a typical organizational chart of personnel to be assigned to a project together with the specific aspects of the project to which the designated individual will be involved. The chart should show the estimated time commitments of project manager and core project staff as a percentage of the unit total time for a project.

The chart should clearly show if team members are from local or other offices or from associated firms. If work is to be performed outside the Tucson area, show how the work will be delivered to Tucson.

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G. PRICING

PRICE PAGE

Offerors shall provide BILL RATES for proposed staff in accordance with the table provided below, which shall include the OVERHEAD & PROFIT. For roles not listed, provide the requested information in an attachment to this Price Proposal page. Provide all requested information for proposed subconsultants, as appropriate, in attachments to this Price Proposal Page.

Line Item Description Unit of Measure

Unit Cost

1 Principal Investigator hourly

2 Project Manager hourly

3 Field Director hourly

4 Laboratory Director hourly

5 Ceramic Analyst hourly

6 Historical Archaeologist hourly

7 Architectural Consultant hourly

8 Crew Chief hourly

9 Archaeological Crew Person hourly

10 Mapping Specialist hourly

11 Technical Editor hourly

12 Clerical hourly

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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. 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.3. PRICE ADJUSTMENT

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

H.4. TERM AND RENEWAL

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

H.5. AUTOMATIC RENEWALS

The Contractor agrees that the City of Tucson shall have the right, at its sole option, to renew the Contract for four (4) additional one-year periods or portions thereof. In the event that the City exercises such rights, all terms, conditions and provisions of the original Contract shall remain the same and apply during the renewal period with the possible exception of price and minor scope additions and/or http://www.tucsonprocurement.com/coop_partners.aspx http://www.mesaaz.gov/home/showdocument?id=23638 https://tucsonprocurement.com/bidders_livingwage.aspx.

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H.6. PRICE ADJUSTMENT

The City will review fully documented requests for price adjustment after any contract has been in effect for one (1) year. Any price adjustment will only be made at the time of contract renewal (see Term) and will be a factor in the renewal review process. Contractor must submit written request to the City at least thirty (30) days prior to renewal date. City will determine whether the requested price adjustment or an alternate option, is in the best interest of the City. Any price adjustment will be effective upon the effective date of the contract renewal.

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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.

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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.

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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 under its policies or Contractor must give the City separate certificates and endorsements for each subcontractor showing that each subcontractor has the insurance coverage described above.

I.12. Public Entities

If Contractor or any sub-contractor is a public entity that self-insures as permitted by law, then the insurance requirements in this Section 8 will not apply to that entity and that entity must instead provide a Certificate of Self- Insurance.

I.13. Sufficiency of Coverage

The City in no way warrants that the required minimum insurer rating in this Contract is sufficient to protect the Contractor from potential insurer insolvency, nor that the required liability limits are sufficient to protect Contractor.

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J. STANDARD TERMS AND CONDITIONS

J.1. ADVERTISING

Contractor will not advertise or publish information concerning this Contract without prior written consent of the City’s Business Services Director.

J.2. COMPLIANCE WITH LAWS

The parties will comply with all federal, state and local laws, rules, regulations, standards and Executive Orders including, without limitation, the following:

A. Americans with Disabilities Act. Contractor will comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336,…