Development_and_Implementation_of_Tucson's_Fiber_to_the_Premises_Program_(Addendum_#1_Revision).pdf

CITY OF TUCSON

REQUEST FOR PROPOSAL

250027

DEVELOPMENT AND IMPLEMENTATION OF TUCSON'S FIBER TO

THE PREMISES PROGRAM

Due Date: Wednesday, September 25, 2024

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/112254

PUBLISH DATE: August 21, 2024 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. 250027

BUSINESS SERVICES DEPARTMENT Page 2 of 38 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Nora Corral

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-4143

Attachments:

A - Offer and Acceptance

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A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR PROPOSAL NO 250027

TITLE: Development and Implementation of Tucson's Fiber to the Premises Program

SUBMITTAL DUE DATE: Wednesday, September 25, 2024 AT 2:00 P.M. LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE: Tuesday, September 3, 2024

TIME: 2:00 pm LOCAL AZ TIME

LOCATION: https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmQzMjBkOTctY2I2MS00Yzc0LWE5OGItMzI2Y2M1YTNjNzgw%40thread.v2/0?

context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%220c9e990b-c4dd-43df-a6c3-e99db0789320%22%7d Microsoft Teams Need help? Join the meeting now Meeting ID: 235 578 375 522 Passcode: 7CNcmL Dial in by phone +1 213-293-2303,,475909828# United States, Los Angeles Find a local number Phone conference ID: 475 909 828# For organizers: Meeting options | Reset dial-in PIN

QUESTIONS SHALL BE DIRECTED TO: Nora Corral

(520) 837-4143 nora.corral@tucsonaz.gov

Posted Date: Wednesday, August 21, 2024

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 to enable 1 Gbps symmetrical (or better), reliable, and affordable fiber-optic internet that is available to all residents, businesses, and community anchor institutions in Tucson, Arizona. The City of Tucson does not intend to build this infrastructure or operate it, but rather is enabling third party businesses to build, own, and operate these services throughout the entirety of our city limits. To accomplish this, the City will launch a program that will establish a new Fiber to the Premise (FTTP) licensing program that will include incentives and controls to achieve the City’s desired goals. This RFP is requesting proposals from experienced firms to set up, oversee, coordinate, and manage a sustainable and effective FTTP initiative.

The FTTP Program goals include:

A. Provide fiber to 100% of Tucson premises in an equitable manner to all residents, business owners, and community anchor institutions;

B. Lower costs for FTTP buildouts whenever possible, including: providing rapid responses and reduced delays on FTTP Licensee builds; reducing cuts in pavement; coordinating digs and reducing conflicts during construction; controlling and inspecting the quality of construction;

and, enabling shared infrastructure;

C. Ensure that the FTTP Program is cost neutral;

D. Support local area broadband network redundancy by helping providers connect to Tucson’s IXP; and, E. Enable fair competition, affordable customer rates, and digital equity efforts that achieve internet and digital access for everyone in Tucson, particularly those with the largest barriers to high-speed, high-quality internet service access, digital devices, and digital literacy.

These goals will be achieved by providing a means for the businesses seeking authorization to install and operate fiber within City limits. This RFP is not for the installation or operation of fiber itself; we are seeking a management firm to oversee the City program to achieve those outcomes by enabling independent third parties.

The successful bidder will work with existing City staff to complete development of the new program, and will be accountable for the program’s successful implementation of citywide FTTP. The successful bidder will begin work immediately and bring on subcontractors as needed as their budget allows. It is anticipated that all resource needs (staffing) to realize this initiative beyond the existing City staff identified will be provided by the successful bidder. The City does not intend to hire any Full Time Employees (FTEs), but available staff from relevant departments will support the successful execution of this effort.

The program has initial seed funding provided by City of Tucson general funds. The program must be cost neutral, covering all the costs to manage and support the program implementation – which include costs for consultant services hired as part of this RFP. It is anticipated that build out could begin in mid-2025, and take until 2029 or longer reach 100% coverage, depending upon number of fiber builders/operators. It is expected that revenues received for the FTTP Licensing program are to fully cover all program costs.

B.2. Contact Information

Nora Corral Senior Contract Officer Email: nora.corral@tucsonaz.gov Phone: (520) 837-4143 mailto:nora.corral@tucsonaz.gov tel:(520)837-4143

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Department:

Information Technology

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C. SCOPE OF WORK

C.1. Scope of Work

The City of Tucson is seeking to award one contract to a successful bidder that can demonstrate experience and ability to:

A. Design and Manage Implementation and Evolution of the City’s New Fiber to the Premise (FTTP) Program. Evaluate and improve current proposed business/operating model to ensure projections are logistically and financially viable for city and FTTP Licensees. Coordinate with City staff and external stakeholders on design of the FTTP program and manage implementation of it, including adjusting concepts, and controls of the program aligned with goals, establishing processes and oversight for new permits, workflows, and procedures. Establish a schedule that includes program milestones, and a payment schedule based on performance, completion of phases of work, and upon achievement of pre-designed targets. Ensure proper technical requirements are defined for applicants to follow. Manage subcontractors needed to augment existing staff to ensure successful implementation.

B. Advertise FTTP Program and Oversee Communications. Act as primary contact for the program on behalf of the City. Once approved for launch, coordinate all activities, public-facing materials, communications, and involve needed resources. Provide updates to city departments, City Manager, Mayor and Council as requested. Coordinate and conduct regular coordination with external stakeholders, to include internal and external stakeholders, other jurisdictions, and related interest groups.

C. Coordinate FTTP License Applications Process. Review and improve application process and procedures. Develop all necessary materials to process applications, coordinate negotiation meetings with appropriate City representatives and applicants, and facilitate all activities and materials needed to obtain approvals from the Tucson Mayor and City Council. Identify and coordinate the successful implementation of Phases for FTTP buildout. Assist with developing clear requests and requirements to be used in negotiation of each Use of Rights of Way Agreement.

D. Create and Maintain Accurate Records and Reports. Establish an approved method for filing all program records. Develop, update, and establish cadence for all reports and data updates, including those posted online for public-facing communications.

E. Set and Track Metrics that Enable Both Fast, Accurate Response to FTTP Licensees, and Achieving Aggressive Buildout Schedules. Work with City staff to ensure minimal delays for FTTP builds, and to ensure build plan will realize goal of 100% coverage to residents, businesses, and community anchor institutions. Track all billable resources and project progress. Produce regular reports, and invoices. Track progress and performance in building out their infrastructure within each buildout Phase. Adjust phases and incentives, and address issues, as needed to realize goals.

F. Establish Citywide Process for Projects Coordination. Work with City staff to augment a projects coordination tool using ESRI GIS platform. Track FTTP projects’ design and construction schedules. Work with City staff in Planning & Development Services and in other departments responsible for completing projects in the City’s rights of way to track their projects’ design and construction schedules. Where possible, use this tracking information to reduce conflicts between projects construction, and achieve savings where possible by finding opportunities to ‘dig once’ or share trenches. Coordinate with Pima County and Arizona Department of Transportation on potential FTTP Project tie-ins to their Middle Mile projects. Work with utilities, and external companies and agencies, to establish regular reporting and coordination of projects.

G. Actively Monitor and Inspect Construction of FTTP projects. Support licensees by ensuring coordination during construction, tracking construction progress, and conducting inspections when needed. Monitor the licensees for adherence to local, State, and Federal environmental and cultural preservation requirements.

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H. Assist with Grants related to primary program objectives. As available, assist with the pursuit of state and federal grants (e.g. BEAD, etc.) to enable the City and its FTTP carriers to meet our objectives. This would include ensuring 100% coverage to residents, but also desired secondary benefits including digital inclusion / equity, low income internet access, connection to Pima middle mile ring, Arizona DoT's backbone, and use of Tucson’s IXP. Government funding often requires compliance with regulations, like environmental (NEPA) and cultural preservation (NHPA) laws. Experience with these and other local, State, and Federal requirements is desired.

C.2. Responsibilities

The successful bidder will be responsible for the final design, implementation, and oversight of the FTTP Program upon City approval. Areas of responsibility include:

1. Develop the FTTP Program. Build the business model, and all related internal documents, reports, and procedures to achieve the stated goals and targets, and to set the program up to be sustainable and cost neutral.

2. Engage and Coordinate with all Stakeholders. Responsible for timely and effective communications and coordination with all stakeholders, including but not limited to:

a. Develop a Communications Plan. Identify and keep track of all stakeholders and methods for communication, including: types and frequencies of notifications; establishing and maintaining web pages and documents; establishing dashboards for Phases and projects coordination; addressing public concerns and inquiries; holding public meetings and information sessions, and anything else that will support successful implementation and sustainability of the FTTP Program. Stakeholders identified and engaged to date include:

i. Internal: City leadership and elected officials; staff that make up the City Fiber to the Premises

(FTTP) Team; City staff working in areas that support successful completion of FTTP Program activities.

ii. External: Parties interested in obtaining Tucson FTTP Licenses; Major impacted parties providing broadband services; Utilities and agencies operating in City rights of way; Tucson residents, businesses, and community anchor institutions; Area Middle Mile construction project teams (Connect Pima; Arizona Department of Transportation); Pima County Digital Equity Office; Regional jurisdictions’ fiber contacts; Arizona Commerce Authority’s Broadband, Equity, and Accessibility Deployment (BEAD) and Digital Equity programs; and, Arizona Broadband Stakeholders Network.

3. Implement and Manage the FTTP Program. Oversee all aspects of the program, adhering to schedule and budget as approved. Assist with gaps in existing staffing resources to achieve schedule and remain within budget, using approved subcontractors. Maintain high standards and work quality. Achieve performance targets. Manage all related risks.

4. Financial Oversight. Develop business model and establish financial projections and budget. Provide necessary information to city staff to enable financial tracking, reporting, and billing. Monitor program expenditures and revenues. Pursue grants and outside funding for improvements that help achieve 100% fiber coverage and digital equity efforts, as well as help establish connections and tie-ins for City of Tucson infrastructure and services. Manage and track grants received.

5. Technical Oversight. Coordinate with City team to confirm and/or establish requirements and regulations. Assist with FTTP design and engineering plans reviews. Understand and adhere to industry standards and regulation compliance. Conduct quality inspections through entire process (design, build, activate, maintain). Monitor the licensees for adherence to local, State, and Federal environmental and cultural preservation requirements.

6. Logistical Oversight. Assist with coordination and processing of FTTP license applications.

Coordinate license negotiations and license approvals. Coordinate all activities related to ROW

BUSINESS SERVICES DEPARTMENT Page 8 of 38 approvals & fiber builds. Coordinate with city staff and external partners (ISPs, Utilities, any working in ROW). Manage and maintain GIS map & public construction and Phases dashboard.

7. Goals realization. Achieves FTTP Program goals. 100% coverage to all residences. Ensures equitable access (during rollout, and at completion) - includes means to get last mile & access online. Identifies and coordinates tie-ins to Connect Pima Middle Mile fiber ring. Use of Tucson IXP.

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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. For questions contact the City's Business License Section at

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

B. Qualifications & Experience

C. Grant Writing

D. 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

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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 ten (10) 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. SUBMITTAL 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://procurement.opengov.com/portalucson-az/contracts

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;

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

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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 Scorin g

Metho d

Weight (Points

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1. Method of Approach

1. Create a timeline schedule that completes the Scope of Work and achieves the FTTP Program goals within 5 years.

a. Provide a detailed Scope of Work that achieves the FTTP Program goals within

5 years.

b. Describe proposed methods and metrics to ensure FTTP Licensees achieve

100% fiber coverage within City of Tucson over the next 5 years.

c. Identify milestone payments that are in line with timeline and project schedule.

d. Identify expected roles and responsibilities of the City of Tucson.

2. Describe the Project Team, Their Roles, and Their Capacity to Complete the Scope of Work.

a. Create a list of Project Team members, including any subcontractors, and general responsibilities they would have with respect to the Scope of Work (for example: leadership, project managers, engineers, communication specialists, GIS experts, and any other specialist roles).

b. Provide qualifications and experience of proposed Project Team members, including any subcontractors. For each Project Team member and any subcontractors, attach resumes highlighting experience, expertise, and work on related projects.

c. Confirm that they will have capacity to take on the workload proposed if awarded the contract.

d. Describe the level of experience members of the team have working together as a team.

e. Provide references for any related programs.

3. Develop a financial schedule/approach for how the FTTP Program can become fully self-funding. The City of Tucson will provide initial funding to cover costs of the program until the program becomes fully self-sustaining. Per Tucson City Code Chapter 7B, the City may hire consultants as needed to support any work related to Licensees’ projects. The City of Tucson aims to hire consultants to support the successful management and implementation of the Fiber to the Premises (FTTP) Program. It is anticipated that, once awarded this contract, the Project Team will charge FTTP Licensees for the various services outlined in this Scope of Work that enable the Licensee to ultimately complete construction and maintain their infrastructure in City Rights of Way over time.

a. Establish a proposed schedule for how the program would become self-funding, and how it would remain self-funding into perpetuity.

b. Identify the potential date/timeframe that the program will be self-sustaining and not rely on City seed funding, and estimated costs to that point (i.e., approximately how much seed funding will be needed).

c. Outline any risks and assumptions.

N/A N/A

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2. Qualifications and Experience

Please provide a Cover Letter, no longer than 2 pages, that outlines your experience managing FTTP projects/programs, or similar projects/programs. The following are general expectations of the successful bidder’s Project Team:

• Instill a teamwork-oriented approach with collaborative decision-making supported by facts and data and facilitated to meet each partner/stakeholder’s needs.

• Develop and manage good ideas. Build upon previously developed program framework, and modify workflows, procedures, and requirements as needed for the best overall program development, implementation, and success.

• Provide a thorough and comprehensive approach to Quality Control to ensure that mistakes are prevented and caught prior to Departmental reviews, publication, and construction.

• Work closely with, help educate, inform, and engage with stakeholders, partners, and the general public about the program.

• Successfully implement a self-funding program that achieves the stated goals.

QUESTION RESPONSE

Which time zone are you located in?

What are your hours of availability?

Will you and your team work on site or remotely?

3. Grant Writing

1. Give examples of previous grant writing / outside funding experience in relation to programs similar to the FTTP Program.

a. List out examples of previous grant writing / outside funding experience by project, including funding requested and overall project amounts, and identify any that were awarded.

b. Describe Project Team members’ experience with grant seeking, grant management, financial oversight, and reporting.

c. Provide fee schedule.

N/A N/A

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

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G. PRICING

Line Item Description Quantity Unit of Measure

Unit Cost Total

1 Total project overall cost 5 Years

TOTAL

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H. SPECIAL TERMS AND CONDITIONS

H.1. AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

Funds are not presently available for performance under this Contract. The City's obligation for performance of this Contract is contingent upon the availability of funds from which payment for Contract purposes can be made. No legal liability on the part of the City for any payment may arise for performance under this Contract until funds are made available for performance of this Contract.

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. 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.4. TRAVEL EXPENSE ALLOWANCES

The City’s allowance is limited to the total expense resulting from traveling directly to the destination and staying only the number of days necessary to conduct official business. The Consultant is encouraged to arrive earlier or stay longer than is necessary if doing so will result in savings to the City.

In some cases, because of airline discount terms, an additional day(s) of travel will result in substantial airfare savings -- enough savings to offset additional lodging and per diem costs. The Consultant shall fly coach when the flight includes both coach and first-class seats. First-class seats may be allowed if coach seats are not available and no other flight can be substituted. At travel destinations, the City will reimburse the Consultant for the use of airport limousines and taxis. No receipts are required for reimbursement of such expenses. Additional fees or fares incurred during air travel must be substantiated by a receipt. The total reimbursement for vehicular transportation shall in no case exceed the amount that would be incurred using air transportation. Travel by personal vehicle shall be reimbursed in accordance with the current Federal per diem rates. All vehicular parking or storage costs will be reimbursed. Receipts are not required. Vehicle expense reimbursements will be paid only to the vehicle owner. Passengers are not entitled to vehicular expense reimbursement.

The City will pay the actual cost of rooms including tax based upon the Federal Per Diem rates. Both the room rate and tax paid must be substantiated by a receipt that indicates payment has been made.

All in-state travel will be reimbursed at the City’s per diem rate. A complete list of the Federal GSA Per Diem rates are available at: http://www.gsa.gov/portal/category/100120.

https://tucsonprocurement.com/bidders_livingwage.aspx

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For meals and miscellaneous expenses, the Consultant may choose to receive either (1) the Federal GSA per diem amount (a flat rate), or (2) a reimbursement for actual expenses. A higher dollar amount is allowed under the actual expense reimbursement option; however, receipts must be retained under this option. The Consultant is not required to keep receipts if the per diem option is chosen.

Only one method of reimbursement can be used for the entire trip (i.e., the Consultant cannot request a per diem amount for some days and actual expense reimbursement for other days).

Meals provided for by another agency or others will be subtracted, if the per diem allowance is elected.

For days of arrival and departure, the per diem amount will be determined by adding the amounts below for each meal the Consultant eats at the travel destination. The current FY meal per diem for Tucson, Arizona is as follows:

The Consultants who select the per diem option and spend less than the per diem amount are encouraged to request a reimbursement only for the amount actually spent. No receipts are required to receive actual reimbursement where the amount requested is less than or equal to the per diem amount.

Miscellaneous expenses include local phone calls, snacks, and gratuities. Miscellaneous expenses are included in the per diem rate. If the actual expense reimbursement option is chosen for out-of-state travel, receipts are required for miscellaneous expenses.

Long distance telephone charges are allowed for official calls, and are governed by the following: Calls for official City business other than to City offices shall be paid by the Consultant. The Consultant will be reimbursed upon submission of appropriate documentation relative to cost and purpose of the call, and with the approval of the City Representative for this contract. Calls other than City business shall not be made at City expense.

The above is pursuant to City policy: Administrative Directive 3.03-1, Travel Authorization and Expense Allowance.

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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. 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.6. 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.7. 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.8. 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.9. 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.

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.

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I.10. 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.11. 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.12. 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, 42 U.S.C. 12101 -- 12213) and applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36.

B. Workers’ Rights Laws. Contractor will comply with all applicable provisions of Federal and State Child Labor and Workers’ Rights laws and agrees if called upon to affirm in writing that they and any subcontractors working under this Contract are in compliance.

C. Affirmative Action. Contractor will comply with Chapter 28, Article XII of the Tucson City Code Chapter 28.

J.3. GOVERNING LAW AND VENUE

This Contract is governed by the laws of the State of Arizona and the City and Contractor will have all remedies afforded to each by the Tucson Procurement Code and the laws of the State of Arizona. Any lawsuits regarding this Contract must be brought in a court of competent jurisdiction in Pima County, Arizona.

J.4. ARBITRATION

Notwithstanding any other provision in this Contract, no agreement by the City to arbitrate a dispute is binding unless given expressly and in writing after execution of this Contract. However, if both parties agree, disputes may be resolved through arbitration following the process in A.R.S. § 12-1501, et seq.

Contractor must continue to perform under this Contract without interruption, notwithstanding the provisions of this section.

J.5. ASSIGNMENT

Contractor may not assign its rights or obligations under this Contract without the prior written permission of the City's Business Services Director. The City will not unreasonably withhold approval for a requested assignment.

J.6. SUBCONTRACTS

Contractor may not enter into any subcontracts for work under this Contract without the advance written approval of the City's Business Services Director. All subcontracts will incorporate all the terms and

BUSINESS SERVICES DEPARTMENT Page 27 of 38 conditions of this Contract. Contractor is responsible for contract compliance and quality of work of any subcontractors used.

J.7. PROTECTION OF CITY PROPERTY

If this Contract requires Contractor to perform any work on City-owned property,…