Harrison_Road,_Pantano_Wash_Bridge_PDB.pdf

CITY OF TUCSON

REQUEST FOR QUALIFICATIONS

260111

HARRISON ROAD, PANTANO WASH BRIDGE PDB

Due Date: Tuesday, November 4, 2025

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/189412

PUBLISH DATE: September 16, 2025 https://secure.procurenow.com/portal/%7Bproject.government.code%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D

CITY OF TUCSON REQUEST FOR QUALIFICATIONS NO. 260111

BUSINESS SERVICES DEPARTMENT Page 2 of 83 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 B - RFQ 260111 SBE Program Provisions C - RFQ 260111 Detailed Evaluation Criteria

E - RFQ 260111 SAMPLE CONTRACT

F - RFQ 260111 Exhibit A G - RFQ 260111 Snapshot Map H - Key Personnel_Resume_Form I - Work_History_Form

BUSINESS SERVICES DEPARTMENT Page 3 of 83

A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR QUALIFICATIONS NO 260111

Harrison Road, Pantano Wash Bridge PDB

The City of Tucson is conducting a competitive Two-Step Process to select a qualified design consultant/general contractor to provide design services and construction service as the Design Build for design and construction improvements for Harrison Road, Pantano Wash Bridge PDB.

The City invites interested firms to submit written Statements of Qualifications (SOQs) relating to this solicitation. A Screening Committee will evaluate firms’ qualifications and experience with similar projects. The top ranked firm(s) will then be invited for interviews in the second-step of the procurement process. The top-ranked firm will enter into negotiations with the City of Tucson.

PRE-SUBMITTAL MEETING DATE: Thursday, October 2, 2025

TIME: 11:00 am LOCAL AZ TIME

LOCATION: PRE-SUBMITTAL MEETING LINK

Meeting ID: 248 697 297 208 3 Passcode: JJ9qJ7EG

Call in #: 1-213-293-2303 Conference ID: 707 779 472#

SUBMITTAL DUE DATE: Tuesday, November 4, 2025

TIME: 2:00 pm LOCAL AZ TIME

QUESTIONS SHALL BE DIRECTED TO:

Maritza Felix

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

Publication Dates: Thursday, September 18, 2025 & Thursday, September 25, 2025

Posted Date: Tuesday, September 16, 2025 https://teams.microsoft.com/meet/2486972972083?p=8NrybVnd9UGbEbeNYd

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B. INTRODUCTION

B.1. Summary

The City of Tucson (the “City”) is pleased to present this Request for Qualifications (“RFQ”) to those entities or groups (each a “Submitter” and collectively, the “Submitters”) interested in submitting Statement of Qualifications (“SOQ”) for the design and construction of Harrison Road, Pantano Wash Bridge PDB (the “Project”) pursuant to a Progressive Design-Build Agreement (“Contract” or “PDBA”). The Submitter selected through the RFQ process, in accordance with the terms and conditions mentioned in this RFQ, to enter into a PDBA with the City is hereinafter referred to as the “Contractor” or “PDB Contractor.”

This RFQ is issued in accordance with ARS Title 34. The City intends, through this procurement, to enter into a PDBA that will result in cost-effective and expedited completion of all elements of the Project.

All times in this RFQ are Arizona Time. Capitalized terms and acronyms not otherwise defined herein are defined in Exhibit A (Acronyms and Definitions) to PDBA.

B.2. Contact Information

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

Transportation & Mobility mailto:maritza.felix@tucsonaz.gov tel:(520)837-4107

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C. SCOPE OF WORK

C.1. Introduction

The City of Tucson (the “City”) is pleased to present this Request for Qualifications (“RFQ”) to those entities or groups (each a “Submitter” and collectively, the “Submitters”) interested in submitting a competitive submittal (“Submittal” or “Submittals”) for the design and construction of Harrison Road, Pantano Wash Bridge (the “Project”) pursuant to a Progressive Design-Build Agreement (“Contract” or “PDBA”). The Submitter selected through the RFQ process, in accordance with these Instructions to Submitters (“ITS”), to enter into a PDBA with the City is hereinafter referred to as the “Contractor” or “DB Contractor.”

This RFQ is issued under the Tucson Procurement Code. The City intends, through this procurement, to enter into a PDBA that will result in cost-effective and expedited completion of all elements of the Project.

All times in this ITS are Mountain Time. Capitalized terms and acronyms not otherwise defined herein are defined in Exhibit A (Acronyms and Definitions) to PDBA.

C.2. Procurement Process

The procurement process for this Project consists of two steps where, in the first step, a shortlisting of firms will be done based on the evaluation of the SOQs received, followed by interviews of the shortlisted firms in the second step to determine the highest ranked Submitter.

In the first step, the SOQs will include a detailed description of the firm’s relevant project experience, key personnel, and a summary approach to the Project and quality management. Up to THREE (3) Submitters will be shortlisted based on the evaluation of the SOQs.

In the second step, the shortlisted firms will be invited for interviews focusing on a detailed approach to the work, including approach to preconstruction and construction services, risk management, quality management, and approach to the Progressive Design Build Process. The highest ranked Submitter based on the interviews step will enter into negotiations with the City to determine fees for Phase 1 Services any other portion of the PDB Contract deemed by the City to be necessary. The evaluation process has been described in detail in Section 5 Evaluation Criteria.

C.3. Progressive Design-Build Process

The City will deliver the Project using the Progressive Design-Build (“PDB”) method, which consists of the following two phases:

Phase 1 (Design and Preconstruction)

During Phase 1, the PDB Contractor will provide design and preconstruction services (collectively the “Phase 1 Services”) for the Project. The Phase 1 design services include:

• The initial design services include preparation of conceptual designs and selection of a design alternative for the Project. The PDB Contractor will work in coordination with the City design staff to review feasibility of different design alternatives and select a design alternative which provides maximum value to the City. The PDB Contractor will develop initial conceptual plans for the design alternative selected which includes at a minimum, exhibits for structure type, structure length, sections, grading, channel improvements, intersection concept at Escalante Road and an access plan showing relocation of driveways and /or Escalante Road. These exhibits developed by the PDB Contractor should be at a level sufficient to develop a high level or conceptual Project cost estimate.

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• The PDB Contractor will conduct environmental and permitting activities and prepare base plans for the design alternative selected which includes plans, studies, concepts and reports that capture all major items, elements, and portions of the Work specific to the selected design alternative. The PDB contractor will participate in Over-The-Shoulder design review meetings with the City as agreed upon by the PDB and The City. The base plans will be submitted to the City at approximately 30-40% design completion stage.

• The PDB Contractor will further perform preliminary engineering and design activities and progress the design to a level necessary to submit a price for construction work in Phase 1 along with any additional environmental and permitting activities. The preliminary plans will be submitted to the City at approximately 60-75% design completion stage.

The preconstruction services during Phase 1 include, but are not limited to, construction cost estimating and submission of Opinion of Probable Cost of Construction (“OPCC”) packages, Project schedule development, constructability reviews, sequence of construction, construction approach planning, environmental, risk management, field investigation activities including survey and geotechnical investigations, third party coordination, development of Guaranteed Maximum Price (GMP) proposal, subcontracting related services and administrative services including development of project management plans. The Phase 1 design and preconstruction services are categorized into five major categories - (1) project management related services, (2) schedule related services, (3) design related services, (4) cost related services, and (5) preconstruction field related services and are detailed in Exhibit B (Phase 1 Services Scope and Fee) to

PDBA.

At intervals specified in Section 6.1 (Design Submittals and Milestones), Exhibit B to PDBA, the PDB Contractor will submit design packages along with OPCC packages, which include the Project construction cost and a Project baseline schedule for completion of the Work. The OPCC is a non-binding estimate that will aid City and the PDB Contractor to evaluate design parameters and as needed, to clarify the final scope of construction. The City and the PDB Contractor, on an open book basis, will participate in construction price negotiations consisting of workshops to reconcile price differences with the goal of negotiating a construction price. As part of the construction price negotiations, PDB Contractor may perform further design or other activities and update its construction price estimate.

The City will use an Independent Cost Estimator (“ICE”) to prepare independent cost estimates of the construction work. The PDB Contractor, ICE, and City will participate in workshops to reconcile any differences between the PDB Contractor’s construction cost estimate and the ICE’s estimate. To facilitate reconciliation, the PDB Contractor shall provide all cost estimates to perform the Phase 2 Services on an open book basis, which entails providing all assumptions and substantiation to build the construction cost estimates. The PDB Contractor shall work collaboratively with the City to reconcile price differences and to ensure that the City is receiving a fair and reasonable price for the construction work. The details regarding fair pricing approach have been provided in Section 7 (Fair Pricing Approach to Cost Estimating), Exhibit B to PDBA. As part of the OPCC package submissions and construction cost reconciliation, City and the ICE will also evaluate whether the construction schedule submitted by the PDB Contractor aligns with the construction price and will result in on-time completion of the Work.

At a design completion stage specified in the PDBA, the PDB Contractor will submit a GMP (the “GMP Proposal”) for the construction work for City’s review. Upon successful review and negotiations between the City and PDB Contractor, an amendment (the “GMP Amendment”) will be executed to PDBA which will allow the PDB Contractor to perform Phase 2 services.

If City and the PDB Contractor cannot agree on a GMP or City otherwise decides in its sole discretion not to execute a GMP Amendment with the PDB Contractor, the City may terminate the PDB Contractor’s services, take possession of all work product, and seek bids from other contractors to perform the construction work.

The City may also contract separately with the lead designer to complete the in-process design. If City terminates the PDB Contractor’s services without execution of a GMP Amendment, neither the PDB

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Contractor nor any Principal Participant thereof may bid or propose in any subsequent procurement for the construction work for this Project. The payment of services provided by the PDB Contractor in case of termination before the execution of GMP Amendment.

Phase 2 (Final Design and Construction)

Upon successful GMP negotiations and further execution of GMP Amendment to the PDBA, the PDB Contractor will perform final design and construction services (“Phase 2 Services”). During Phase 2, the PDB Contractor will complete the Released for Construction Plans (“RFC”), achieve final acceptance, and perform all design, construction, and other obligations required under the PDBA. For the avoidance of doubt, the PDB Contractor’s performance of the Phase 2 Services is expressly contingent upon City and the PDB Contractor agreeing upon and executing a GMP Amendment.

Pursuant to ARS Title 34-605(G)(2), the PDB Contractor and Principal Participants shall self-perform forty-five (45) percent of construction work with its own employees and forces which is not subjected to competitive bidding requirements.

C.4. Project Goals

The following goals have been established for the Project:

• commencement of Phase 2 Services prior to TBD;

• substantial completion of construction work before or during TBD;

• manage costs and completion of the Project within budget;

• maximize the innovation potential and collaboration of the progressive design-build method;

• minimize project delivery time;

• develop a flexible preconstruction and construction environment with resources that can adapt and scale in response to stakeholder input, changing infrastructure needs, and nearby development projects without adversely impacting the Project schedule;

• maximize the value of the Project and achieve the Project goals through implementation of efficient design and innovative construction solutions and management techniques while meeting construction completion deadlines and minimum impact to the environment;

• maximize the safety of workers and the traveling public during construction with consideration to minimizing inconvenience;

• maximize community engagement and the use of Disadvantaged Business Enterprise (“PDBE”) firms;

• prevent closure of Harrison Road and pedestrian path in 100 year storm event;

• maintain traffic on Harrison Road and Escalante Road for duration of the Project;

• keep Escalante Road access to Harrison Road during construction and in final condition;

• minimize impact to adjacent property landowners and businesses;

• improve pedestrian/ bicycle experience along Harrison Greenway Trail.

C.5. Project Description: Scope of Work

This Project includes design and construction of Harrison Road Pantano Wash Bridge located in Pima County, Arizona. Currently the Pantano Wash crosses over Harrison Road at-grade, and this Project includes construction of a bridge to accommodate two travel lanes and the existing multi-use path on Harrison Road over the Pantano Wash. The proposed bridge design will maintain access to Escalante Road and existing

BUSINESS SERVICES DEPARTMENT Page 8 of 83 driveways. The Pantano Wash is a part of the FEMA Regulatory Floodway and will require environmental permitting to be performed by the PDB Contractor.

There are no preliminary engineering and design activities performed on this Project and the PDB Contractor will be responsible for performing initial design services and progressing the project design to final design completion.

Project information and data is included in exhibits as follows:

A. Exhibit 1 – Project Location Map

C.6. Estimated Procurement Schedule

The City of Tucson anticipates carrying out the procurement process contemplated hereby in accordance with the following schedule.

Activity / Milestone Date

Issue RFQ 9-16-2025

Pre-Submittal Conference 9-30-2025

Deadline for Proposers’ RFCs 10-24-2025

RFQ addenda issuance deadline 10-24-2025

SOQ due date 10-30-2025*

Notification of Shortlisting TBD

Proposer interviews TBD

Anticipated announcement of selection November 2025

Anticipated execution of PDB Contract November/December 2025 *May change if addenda is issued All times referenced above are in Mountain Standard Time (MST). This schedule is subject to modification at the sole discretion of the City. Proposers will be notified of any change by an addendum to this RFQ.

C.7. Principal Participants

As used herein, the term “Principal Participant” means any of the following entities: all general partners or joint venture members of Proposer; all individuals, persons, proprietorships, partnerships, limited liability partnerships, corporations, professional corporations, limited liability companies, business associations, or other legal entities however organized, holding (directly or indirectly) a 20 percent or greater interest in Proposer; any subcontractor that will perform Work valued at 20 percent or more of the overall contract amount; the lead engineering/design firm(s); and each engineering/design subconsultant that will perform 20 percent or more of the design work.

C.8. Project Team

The Project Team, as referenced herein, is composed of the City staff, the City’s representatives, the ICE, the PDB Contractor, potential PDB Contractor related entities, and any additional Project stakeholders.

C.9. Ineligible Firms

The following firms assisted the City with the development of the Project, including preliminary engineering, preparation of this RFQ and PDBA, and Project scope of work:

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• RS&H

• Arroyo Engineering

• Pinyon Environmental

• SCE Engineering

• HDR Engineering

• Ashton Construction

• Southern Arizona Paving

These firms are not eligible to participate in this procurement on any Proposer team in any capacity. The City made this determination in accordance with its Organizational Conflict of Interest Policy. If any firm listed above desires to appeal this determination of its ineligibility, such appeal must be made accordance with the procedures set forth in the City’s Organizational Conflict of Interest Policy.

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D. INSTRUCTIONS TO OFFERORS

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

For purposes of this solicitation and subsequent contract, the following definitions shall apply:

Agency of User Department:Used interchangeably to mean the City department or division responsible for managing the project.

City (COT): The City of Tucson, Arizona

Contract: The legal agreement executed between the City and the Contractor/Contractor.

Contractor/Contractor: The individual, partnership, or corporation who, as a result of the competitive solicitation process, is awarded a contract by the City.

Contract Representative: The City employee or employees who have specifically been designated to act as a contact person or persons to the Contractor, and is responsible for monitoring and overseeing the Contractor's performance under this Contract.

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

May: Indicates something that is not mandatory but permissible.

Offeror: The individual, partnership, or corporation who submits a proposal in response to a solicitation.

Shall, Will, Must: Indicates a mandatory requirement. Failure to meet these mandatory requirements, if they constitute a substantive requirement, may, at the City’s sole discretion, result in the rejection of a proposal as non-responsive.

Should: Indicates something that is recommended but not mandatory. If the Offeror fails to provide recommended information, the City may, at its sole option, ask the Offeror to provide the information or evaluate the proposal without the information.

D.2. PRE-SUBMITTAL 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 question related to the Request for Qualifications shall be directed to the Contract Officer whose name appears above. An offeror shall not contact or ask questions of the department for whom the requirement is being procured. The Contract Officer may require any and all questions be submitted in writing. Offerors are encouraged to submit written questions via electronic mail, at least nine days prior to the submittal due date. Any correspondence related to a solicitation should refer to the appropriate Request for Qualifications number, page and paragraph number. Oral interpretations or clarifications

BUSINESS SERVICES DEPARTMENT Page 11 of 83 will be without legal effect. Only questions answered by a formal written addendum to the Request for Qualifications will be binding.

D.4. ADDENDUM OF 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. FAMILIARIZATION OF SCOPE OF WORK

Before submitting a statement of qualifications, each Offeror shall familiarize itself with the Scope of Work, laws, regulations and other factors affecting contract performance. The Offeror shall be responsible for fully understanding the requirements of the subsequent Contract and otherwise satisfy itself as to the expense and difficulties accompanying the fulfillment of contract requirements. The submission of a statement of qualifications will constitute a representation of compliance by the Offeror.

There will be no subsequent financial adjustment, other than that provided by the subsequent Contract, for lack of such familiarization.

D.6. PREPARATION OF STATEMENT OF QUALIFICATIONS

A. All submittals shall be on the forms provided in this Request for Qualifications package. It is permissible to copy these forms as required. Facsimiles or electronic mail proposals shall not be considered.

B. At a minimum, your statement of qualifications should include the signed Offer form, signed copies of any solicitation addenda and your response to all evaluation criteria.

C. The Offer page shall be signed by a person authorized to submit an offer. An authorized signature on the Offer Page, solicitation Addendum(s), or cover letter accompanying the submittal documents shall constitute an irrevocable offer to sell the good and/or service specified herein. Offeror shall submit any additional requested documentation, signifying intent to be bound by the terms of the agreement.

D. The authorized person signing the submittal shall initial erasure, interlineations or other modifications on the submittal.

E. It is the responsibility of all offerors to examine the entire Request for Qualification package and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting a response. Negligence in preparing a submittal confers no right of withdrawal after due date and time.

F. The City shall not reimburse the cost of developing, presenting, submitting or providing any response to this solicitation.

G. Offeror must list any subcontractors to be utilized in the performance of the services specified herein. For each subcontractor, details on respective qualifications must be included.

https://procurement.opengov.com/portal/tucson-az

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D.7. SUBMITTAL FORMAT

A statement of qualifications should be submitted on the forms and in the format specified in the solicitation. Any information that the offeror requested to be held as confidential shall be clearly marked as such. The material should be in sequence and related to the solicitation. The sections of the submittal should be organized, clearly identifiable, and should include a minimum of the following sections: the completed Offer Form, all signed addenda and the offeror’s response to the Evaluation Criteria. Failure to include the requested information may have a negative impact on the evaluation of the offeror's submittal.

D.8. EXCEPTIONS TO CONTRACT PROVISIONS

A response to any Request for Qualifications is an offer to contract with the City based upon the contract provisions contained in the City's Request for Qualifications, including but not limited to, the specifications, scope of services and any terms and conditions. Offerors who wish to propose modifications to the contract provisions must clearly identify the proposed deviations and any proposed substitute language in their submittal. However, the provisions of the Request for Qualifications cannot be modified without the express written approval of the Director or his designee. Proposed modifications or exception to the indemnification language herein shall not be considered. If an offer is returned with modifications to the contract provisions that are not expressly approved in writing by the Director or his designee, the contract provisions contained in the City’s Request for Qualifications shall prevail.

D.9. PUBLIC RECORD

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

D.10. CONFIDENTIAL INFORMATION

The City of Tucson is obligated to abide by all public information laws. If an Offeror believes that any portion of a submittal, offer, specification, protest or correspondence contains information that should be withheld, a statement advising the Contract Officer of this fact should accompany the submission and the information shall be so identified wherever it appears. The City shall review all requests for confidentiality and may provide a written determination to designate specified documents confidential or the request may be denied. If the confidential request is denied, such information shall be disclosed as public information, unless the offeror submits a formal written objection.

D.11. CERTIFICATION

By signature on the Offer page, solicitation Addendum(s), or cover letter accompanying the submittal documents, Offeror certifies:

A. The submission of the offer did not involve collusion or other anti-competitive practices.

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

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

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

D.12. WHERE TO SUBMIT STATEMENT OF QUALIFICAITONS

In order to be considered, Offeror must, no later than the Submittal Due Date, 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. LATE SUBMITTALS

Late submittals will be rejected.

D.14. OFFER AND ACCEPTANCE

Offerors shall submit the Offer and Acceptance page located in this RFQ with their submittal, acknowledging (i.e. signature) their intent to enter into negotiations on this solicitation.

D.15. OFFER AND ACCEPTANCE PERIOD

In order to allow for an adequate evaluation, the City requires an offer in response to this solicitation to be valid and irrevocable for ninety (90) days after the submittal due date and time.

D.16. WITHDRAWAL OF SUBMITTAL

At any time prior to the specified solicitation due date and time, an offeror may formally withdraw the submittal by a written letter, facsimile or electronic mail from the Offeror or a designated representative.

Telephonic or oral withdrawals shall not be considered.

D.17. CONTRACT NEGOTIATIONS

At the completion of the evaluation process, the City may enter into negotiations with the top ranked Offeror to determine fees, and to negotiate any other portion of the Contract deemed by the City to be necessary. In the event that the City is not able to negotiate successfully with the top ranked Offeror, the City shall cease negotiations with that Offeror and either begin negotiations with the next ranked Offeror or may choose to cancel the solicitation in its entirety. In the event that the City is not able to negotiate successfully with the next ranked Offeror, the City shall cease negotiations with that Offeror and either begin negotiations with the third ranked Offeror or may choose to cancel the solicitation in

BUSINESS SERVICES DEPARTMENT Page 14 of 83 its entirety. Award shall be made to the Offeror whose submittal and subsequent negotiation is most advantageous to the City

D.18. 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

D.19. UPON NOTICE OF INTENT TO AWARD

The apparent successful offeror shall sign and file with the City, within five (5) days after Notice of Intent to Award, all documents necessary to the successful execution of the Contract.

D.20. AWARD OF CONTRACT

Notwithstanding any other provision of the Request for Qualifications, the City reserves the right to:

A. waive any immaterial defect or informality; or

B. reject any or all proposals, or portions thereof; or

C. reissue the Request for Qualifications.

A response to this solicitation is an offer to enter into negotiations and contract with the City based upon the terms, conditions, and specifications contained in the City's solicitation. Submittals do not become contracts unless and until they are executed by the City's Director of Business Services and the City Attorney. All of the terms and conditions of the solicitation shall be incorporated in the Contract, unless any of the terms and conditions are modified by a solicitation addendum, a contract addendum, or by mutually agreed terms and conditions in the final contract documents

D.21. SUBMITTAL RESULTS

The name(s) of the successful offeror(s) will be posted on the Business Services Department’s Internet site at https://procurement.opengov.com/portal/tucson-az upon issuance of a Notice of Intent to Award or upon final contract execution.

D.22. PROTESTS

A protest shall be in writing and shall be filed with the Director of Business Services. A protest of a Request for Qualifications shall be received at the Business Services Department not less than five (5) working days before the Request for Qualifications due date. A protest of a proposed award or of an award shall be filed within ten (10) days after issuance of notification of award or issuance of a notice of intent to award, as applicable. A protest shall include:

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

https://procurement.opengov.com/portal/tucson-az mailto:license@tucsonaz.gov

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B. The signature of the protestant or its representative;

C. Identification of the Request for Qualifications or Contract number;

D. A detailed statement of the legal and factual grounds of protest including copies of relevant documents; and

E. The form of relief requested.

D.23. EVALUATION PROCESS OVERVIEW

All submittals shall be evaluated in accordance with Arizona Revised Statutes Title 34 Chapter 6 and the evaluation criteria stated herein.

D.24. (ADA) AMERICANS WITH DISABILITIES ACT

The Contractor shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 (Public Law 101-336, 42 U.S.C. 12101-12213, 47 U.S.C. 225 and 611, and all regulations thereto), and the Arizonans with Disabilities Act of 1992 (A.R.S. 41-1492 et seq., and all regulations pertaining.

D.25. REQUEST FOR QUALIFICATIONS

A. An appropriately qualified selection committee shall evaluate the statements of qualifications and performance data that are submitted in response to the City’s request for qualifications for the proposed contract.

B. If determined by the City and included by the City in the request for qualifications, conduct discussions with at least the number of persons or firms to be included on the short list as stated in the request for qualifications but not more than the number of persons or firms to be included on the short list plus two as specified in the request for qualifications regarding the contract and the relative methods of approach for furnishing the required professional services or construction services.

C. In order of preference, based on criteria established and published by the selection committee and included in the request for qualifications, select a short list of persons or firms the selection committee deems to be the most qualified to provide the professional services or construction services. The number of persons or firms on the short list shall be the number of persons or firms specified in the request for qualifications. Those firms may then be asked to provide Presentations/Interviews with the selection committee. Criteria for the Presentation/Interviews may be different than those listed in the RFQ with the Interviewees being provided the criteria and weighting prior to the Presentations/Interviews.

D. The City shall enter into negotiations for a contract with the highest qualified person or firm for the professional services or for the construction services. The negotiations shall include consideration of compensation and other contract terms that the City determines to be fair and reasonable to the City. In making this decision, the City shall take into account the estimated value, the scope, the complexity and the nature of the professional services or construction services to be rendered. If the City is not able to negotiate a satisfactory contract with the person or firm considered to be the most qualified at compensation and other contract terms the City determines to be fair and reasonable, the City shall formally terminate negotiations

BUSINESS SERVICES DEPARTMENT Page 16 of 83 with that person or firm. The City may undertake negotiations with the next most qualified person or firm in sequence until an agreement is reached or a determination is made to reject all persons or firms on the short list. If a contract for construction services is entered into pursuant to this subsection, construction shall not commence until the City and contractor agree in writing on a fixed price or a guaranteed maximum price for the construction to be commenced.

E. The contract file shall contain the basis on which the award is made.

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E. SELECTION PROCESS

E.1. SELECTION PROCESS

The selection process is provided below:

• One-Step - Statement of Qualifications (SOQ) o For One-Step solicitations, a qualified committee will evaluate the SOQs submitted and determine the offeror(s) most qualified to enter into negotiations for a contract.

• Two-Step – Presentation/Interviews o Under a Two-Step process, a qualified committee will short-list the offerors based on the SOQ with the short-listed offerors being invited to participate in Presentations/Interviews with the intent of selecting the most qualified firm to enter into negotiations for a contract.

o Under a Two-Step process, scoring will not be cumulative from the short-listing to the second-step (Presentations/Interviews). Scoring criteria for the Presentations/Interviews may be different from the first step as stated herein with the committee making its final selection following the second-step. The committee shall rank the firms on the stated criteria with the intent of entering into negotiations with the highest qualified firm for each contract.

E.2. SELECTION CRITERIA AND REQUIREMENTS SPECIFIC TO STEP 2

EVALUATION CRITERIA

The specific criteria for the interview phase (Step 2) shall be provided to the shortlisted firms prior to the interviews. Final selection will be based solely on interview results.

E.3. STATEMENT OF QUALIFICATIONS (SOQ)

All submittals shall include any and all forms provided in this solicitation package. It is permissible to copy these forms as required. The offer form shall be submitted with a signature by the person authorized to sign the submittal. Erasures, interlineations, or other modifications in the submittal shall be initialed by the person authorized to sign the submittal. Periods of time, stated as a number of days, shall be in consecutive calendar days. It is the responsibility of all offerors to examine the entire solicitation package and seek clarification of any requirement that may not be clear and to check all responses for accuracy before sending in a submittal. Negligence in preparing a submittal confers no right of withdrawal after due date and time.

Submittals for the project shall be limited to the items listed below. Firms are advised to follow guidelines and submit only the requested information.

A. Cover Letter

B. Statement of Qualification in response to the Evaluation Criteria

C. Signed Offer Page

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D. Acknowledgement of any and all RFQ Addenda

E.4. COVER LETTER

Expressing interest in the project and identifying a single individual as point of contact for any future correspondence. (Suggested 2 Pages maximum)

E.5. EVALUATION CRITERIA :

Firms will be screened based on evaluation of the following criteria, which are listed in relative order of importance:

A. Firm Qualifications and Experience

B. Key Personnel Qualifications

C. Phase 1 Services Approach

D. Phase 2 Services Approach

E. Subcontractor Selection Plan

E.6. OFFER PAGE

Providing contact information and signed requiring that the selected firm agree to enter into negotiations with the City to provide the material or service in compliance with all terms, scope of work, conditions, specifications, and amendments in the solicitation.

E.7. GENERAL

A. Additional Investigations:

The City reserves the right to make such additional investigations as it deems necessary to establish the competency and financial stability of any firm submitting a response to this Request for Qualifications.

B. Prior Experience:

Experiences with the City and entities that evaluation committee members represent shall be taken into consideration when evaluating qualifications and experience.

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F. SPECIAL TERMS AND CONDITIONS

F.1. BONDING

Design Builder (DB) will be required to provide payment and performance bond equal to 100% of the value of the negotiated value(s) of construction

F.2. SMALL BUSINESS ENTERPRISE (SBE) PROGRAM REQUIREMENTS

The DB shall be required to comply with SBE Program requirements, if goals are applicable, on this project. Program requirements are codified in Chapter 28, Article XIII of the Tucson Procurement Code.

(The DB shall submit to the City of Tucson Procurement Department, during the GMP negotiation phase(s), either a completed statement of proposed SBE Participation Plan or an Affidavit of Good Faith Efforts indicating whether the request is for a full or partial waiver.

The SBE Plan must include:

A. The names and addresses of the SBE subcontractors/suppliers;

B. The type and scope of work or service each SBE will perform; and, C. The percentage of each SBE’s subcontract of the total contract.

D. The dollar value of work as a percentage of the total contract value.

An approved plan or waiver is required prior to concluding negotiations and awarding a project.

A signed offer in response to this RFQ represents the offerors intent to comply with the SBE program.

Also see Attachment for SBE Program Provisions.

F.3. CONSTITUENT CLAIMS

With regard to claims arising out of or related to this contract that are filed against the Contractor, the Contractor or Contractor’s representative is required to provide notice to the City’s Business Services

- Procurement Division and Risk Manager within 60 calendar days following the date of the receipt by the Contractor of such claim. The notice to the City must include the following information: (1) the date of the incident or occurrence that is the basis of the claim; (2) the damages identified in the claim; (3) the date of the Contractor’s written response to the claim; and (4) a copy of Contractor’s written response to the claim. Notification shall be deemed sufficient if given by (a) registered or certified mail, postage prepaid, return receipt requested, (b) private courier service, or (c) facsimile addressed to the respective addresses of the parties as first above written or at such other addresses as the respective parties may designate by like notice from time to time.

City of Tucson

Procurement Division

255 W. Alameda, 6th floor

Tucson, Arizona 85701

Facsimile: 520-791-4735

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City of Tucson

Risk Management

255 W. Alameda, 5th floor

Tucson, Arizona 85701

Facsimile: 520-624-2061

The Contractor acknowledges that the City may use contract performance, including performance of the requirements of this paragraph, in the City’s consideration of future contract awards; and that in connection with future contracting opportunities with the City, Contractor may be required to provide documentation demonstrating compliance with this paragraph.

F.4. NOTICE TO PROCEED

The Consultant agrees to render professional services promptly and diligently upon receipt of written notice to proceed with any or all of the services set forth herein.

F.5. PRINCIPAL CONSULTANT’S RESPONSIBILITY

The Consultant shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the Consultant under this Contract. The Consultant shall without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services. Additionally, when modification to a construction contract is required because of an error or deficiency in the services provided under this Professional Design Services Contract, the City shall consider the extent to which the Consultant may be reasonably liable.

Neither the City’s review, approval or acceptance of, nor payment for, the services required under this Contract shall be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract, and the Consultant shall be and remain liable to the City in accordance with applicable law for all damages to the City caused by the Consultant’s negligent performance of any of the services furnished under this Contract.

If the Consultant is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.

The Consultant agrees that the work to be performed pursuant to this agreement shall be under the full authority and responsible charge of the undersigned principal of the firm or officer of the corporation who must be the holder of a current Arizona Certificate of Registration issued by the Board of Technical Registration for the practice of professional design services in the State of Arizona.

Any drawings, plans, specifications, and estimates to be prepared pursuant to this agreement shall be prepared by or under the personal direction of the undersigned qualified holder of an Arizona Certificate of Registration issued by the Arizona Board of Technical Registration.

The Consultant shall be responsible for the completeness and accuracy of all services rendered and correction of all errors of omission or commission on the drawings, specifications, and other documents notwithstanding prior approval by the City.

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By signing the Contract, the Consultant affirms that it has the ordinary skill, knowledge, and judgment possessed by members of its profession, and that it will use reasonable and ordinary care and diligence in performing the work.

F.6. OTHER CONTRACTS

The City may, as its sole option, enter into Contracts for additional work related to this project. The Consultant shall fully cooperate with other contractors and consultants and with City employees to accommodate such other work. The Consultant shall not commit or permit any act that interferes with the performance of such work by other contractors.

F.7. KEY PERSONNEL

It is essential that the contractor provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract. The City encourages the Contractor to hire or subcontract if necessary in order to provide the best personnel. The Contractor must agree to assign specific individuals to the key positions.

The Contractor agrees that, once assigned to work under this contract, key personnel shall not be removed or replaced without written notice to the City. If key personnel are not available for work under this contract for a continuous period exceeding thirty calendar days, or are expected to devote substantially less effort to the work than initially anticipated, the Contractor shall immediately notify the City, and shall, subject to the concurrence of the City, replace such personnel with personnel of substantially equal ability and qualifications.

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G. INSURANCE REQUIREMENTS

G.1. The Contractor agrees to:

A. Obtain insurance coverage of the types and amount required in this section and keep such insurance coverage in force throughout the life of this contract. All policies will contain an endorsement providing that written notice be given to the City at least thirty (30) calendar days prior to termination, cancellation, or reduction in coverage in any policy.

B. The Commercial General Liability, Commercial Automobile Liability and umbrella policies where applicable will include the City as an additional insured with respect to liability arising out of the performance of this contract. Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract. The Contractor agrees that the insurance hereunder will be primary and that any insurance carried by the City will be excess and not contributing.

C. Provide and maintain minimum insurance limits as applicable.

G.2. Commercial General Liability

Policy shall include Bodily Injury, Property Damage, Personal Injury and Broad Form Contractual Liability:

Each Occurrence: $1,000,000

General Aggregate: $2,000,000

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

Personal and Advertising Injury: $1,000,000

Blanket Contractual Liability: $1,000,000

G.3. Commercial Automobile Liability

Policy shall include Bodily Injury and Property Damage, for any owned, Hired, and/or Non-owned vehicles used in the operation, installation and maintenance of facilities under this agreement.

Combined Single Limit: $1,000,000

G.4. Worker's Compensation (Applicable to the State of Arizona)

Per Occurrence: Statutory

Employer's Liability: $1,000,000

Disease Each Employee: $1,000,000

Disease Policy Limit: $1,000,000

*Sole Proprietor/Independent Contractor designation is given to those who desire to waive their rights for workers’ compensation coverage and benefits as outlined in ARS§ 23-901 and specifically ARS §

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23-961 (O). If applicable, please request the Sole Proprietor/Independent Contractor form from the Contract Officer listed in the solicitation.

G.5. Professional Liability (Errors & Omissions)

Each Claim: $1,000,000

Annual Aggregate: $2,000,000

G.6. Builders Risk

Builder’s “All Risk” Property Insurance: $NO VALUE.

A. Coverage to include personal property of others in the care, custody and control of the contractor. Coverage should be written for 100% of the completed value.

B. For additions or repairs of existing building structures, coverage to include contractor’s interest in improvements, repairs, additions, alterations to completed buildings and subject to items described in “a”.

G.7. Claims Made Insurance Coverage

If any or part of the required insurance is written on a claims-made basis, any policy retroactive date must precede the date of the contract and the Contractor must maintain such coverage for a period not less than three (3) years following contract expiration, termination or cancellation.

G.8. Additional Insurance Requirements

All Policies, excluding Employment Practices Liability and Professional Liability (Errors & Omissions), shall include or be endorsed to include the following provisions:

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

B. The insurance afforded the contractor shall be primary insurance and that any insurance carried by the City of Tucson and its agents, officials or employees shall be excess and not contributory.

C. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of this Contract.

G.9. Notice of Coverage Modifications

Any changes material to compliance with this contract in the insurance policies above…