Job_Order_Contract_(JOC)_for_Green_Stormwater_Infrastructure_(GSI)_Construction.pdf

CITY OF TUCSON

REQUEST FOR QUALIFICATIONS

230050

JOB ORDER CONTRACT (JOC) FOR GREEN STORMWATER

INFRASTRUCTURE (GSI) CONSTRUCTION

Due Date: Thursday, June 15, 2023

City of Tucson

255 W Alameda St

Tucson, AZ 85701

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

Public Portal https://secure.procurenow.com/portal/tucson-az/projects/40052

PUBLISH DATE: May 25, 2023 https://secure.procurenow.com/portal/%7Bproject.government.code%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D

CITY OF TUCSON REQUEST FOR QUALIFICATIONS NO. 230050

BUSINESS SERVICES DEPARTMENT Page 2 of 61 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Leticia Riesgo

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-4138

Attachments:

A - OFFER AND ACCEPTANCE.RFQ

B - SBE Provisions C - DBE Program Provisions JOC March 2021 F - ARPA DBE Program Provisions March 2023 G - 230050 ARPA Contract Addendum H - COT Section 3 Program

I - HUD-5369

J - HUD-5370

K - HUD-5370-C

L - Green Stormwater Infrastructure and Low Impact Development Standard Details and Site Guidance

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A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR QUALIFICATIONS NO 230050

Job Order Contract (JOC) for Green Stormwater Infrastructure (GSI) Construction

The City of Tucson is conducting a competitive One-Step Process to retain approximately six (6) contractors for a Job Order Contract (JOC) to provide Job Order Contract (JOC) for Green Stormwater Infrastructure (GSI) Construction. Individual job orders should not exceed five-hundred thousand dollars ($500,000) and the estimated budget for the first year is two million dollars ($2,000,000). The term of this contract will be one year with FOUR (4) one-year renewal options. Services will be requested on an as-needed, if-needed basis and the resultant contract is neither exclusive nor a commitment by COT that the Contractor’s services will be required.

COT invites interested firms to submit written Statements of Qualifications (SOQ’s) relating to this solicitation. A Screening Committee will evaluate firms’ qualifications and experience with similar projects.

SUBMITTAL DUE DATE: Thursday, June 15, 2023 AT 2:00 P.M. LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE: Monday, June 5, 2023

TIME: 9:00 am LOCAL AZ TIME

LOCATION: Microsoft Teams Virtual Meeting (Join meeting)

Or call in (audio only) +1 213-293-2303 Phone Conference ID: 738 530 26#

QUESTIONS SHALL BE DIRECTED TO: Leticia Riesgo

(520) 837-4138 leticia.riesgo@tucsonaz.gov

Publication Dates: Wednesday, May 31, 2023 and Wednesday, June 7, 2023

Posted Date: Thursday, May 25, 2023 https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTZhZGJlYjgtZDZhMi00MDgwLWI1ZTgtYjFkZTE2NGQ2ZTVi%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22783e5301-d48c-4409-bafa-0a0828bc7088%22%7d

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B. INTRODUCTION

B.1. Summary

The City of Tucson Storm to Shade Program is seeking professional green stormwater infrastructure (GSI) construction services from contractors with proven GSI experience. Projects installed under this contract will serve as examples for City of Tucson department-led green stormwater infrastructure practices.

B.2. Background

B.3. Contact Information

Leticia Riesgo Contract Officer Email: leticia.riesgo@tucsonaz.gov Phone: (520) 837-4138 Department:

Water Department mailto:leticia.riesgo@tucsonaz.gov tel:(520)837-4138

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C. SCOPE OF WORK

C.1. Introduction

Notice is hereby given that the City of Tucson (COT) is conducting a competitive one-step process to retain approximately SIX (6) Contractors for a Job Order Contract (JOC) to provide Green Stormwater Infrastructure (GSI) and other miscellaneous landscape services at various locations for various City Departments. American Rescue Plan Act (ARPA), Housing and Urban Development (HUD), Regional Transportation Authority (RTA) and/or local funding sources may be utilized. As such, ARPA, HUD, and RTA requirements are attached to this solicitation and shall be incorporated into the resultant contract. Individual job orders shall not exceed $500,000 unless a waiver is requested of and granted by the Director of Procurement. For federally funded projects, Contractors must comply with all Davis- Bacon Act requirements before any work can commence. The estimated budget for the first year is $2,000,000 and bonding per job will be an option. The initial term of this contract will be one year with FOUR (4) one-year renewal options. Services will be requested on an as-needed, if-needed basis and the resultant contract is neither exclusive nor a commitment by the COT that the Contractor's services will be required.

C.2. Job Order Contracting Background

Job Order Contracting is an alternative delivery method for construction of public works projects. JOC’s differ from the standard project-specific, low bid contracts in that they are indefinite-quantity contracts, which can be awarded on the basis of qualifications. Best value may be considered in awarding job orders under the resulting contract.

During the term of the JOC, work is performed by way of individual job orders. Each job order, initiated by the City, is defined cooperatively by the City and contractor. Scope, schedule, price, and liquidated damages (if applicable) are agreed upon in an executed Notice to Proceed letter prior to proceeding with the work.

C.3. Special Considerations

A. Project Pricing

Upon identification of a project, contractor(s) will be provided any/all details, construction drawings and specifications. The City intends to solicit proposals from all contractors for the work indicated by the project documents. Individual job orders will be awarded based on the contractors qualifications, the proposed cost, and consideration of the firm’s ability to complete the work expeditiously. When quoting individual job orders is impracticable, the City reserves the right to award job orders as it deems to be in its best interest.

B. Award of individual Job Orders

Scope, schedule, price, and liquidated damages (if applicable) are agreed upon in a fully executed Notice to Proceed letter prior to Contractor beginning the work. Each individual job order shall not exceed $500,000 unless a waiver is requested of and granted by the Director of Procurement prior to services being rendered. For any individual job $100,000 or greater that results in the establishment of DBE/SBE goals, contractor shall submit a DBE/SBE plan for review, per DBE/SBE program

BUSINESS SERVICES DEPARTMENT Page 6 of 61 requirements outlined herein. Davis Bacon eligible projects will be identified in the request for price and schedule proposals for individual projects, and the most recent wage determination will be provided at that time.

C. Miscellaneous

• Use of subcontractors is allowed; however, each subcontractor must be identified and approved by the City Representative prior to commencement of work.

• All correspondence and data submitted by the Contractor under this contract shall reference the contract number, title, and full purchase order number.

D. Permitting:

The contractor is responsible for submitting and securing all necessary City and County permits. The City is responsible for the City required permit fees. The contractor is responsible for any Pima County fees, such as Pima County Wastewater fees.

C.4. Scope of Work

The scope of work will vary with each individual job order. It is expected that the specific Scope of Work and any Special Provisions, Plans, Specifications and Details shall be provided by the user Department prior to soliciting bids for individual job orders. Project pricing is anticipated to be by Unit Price or Lump Sum.

A. Work Under This Contract

The work to be done under this Contract shall include the furnishing of all labor, material, and equipment necessary for or incidental to the construction and completion of all work indicated by the individual job orders. This consists of, but is not necessarily limited to:

The planting of trees, shrubs, and cacti; grading, GSI earthwork and rockwork; curb cuts and curb cores; excavation, ripping of soils, installation of hydroseeding; the placement of decorative rock and boulders; the installation of concrete curbing; the installation of irrigation systems, and controls and all incidental work required to complete in place; and sidewalks and/or walking/bike paths; drainage pipes/scuppers; fencing; non load-bearing walls; signage; erosion control/SWPPP; rip rap; hand seeding, hand watering and mulching. Some projects may require a Certified Arborist.

All work in the public rights-of-way shall be done in accordance with the 2015 City of Tucson / Pima County Standard Specifications and Standard Details for Public Improvements, and TDOT Standard Details unless directed otherwise by the City’s Project Manager for that particular Job Order. The work, when performed in the public rights-of-way, for the Department of Transportation, shall require an Excavation Permit, but at no cost. The contractor shall obtain all permits required from other agencies and organizations that may be required for the performance of a job order. Permits may be required for work on real property belonging to the City or other private property, as required by ordinance, State or Federal Law. If traffic control is required on a project the contractor shall apply and pay for a City of Tucson Traffic Control Permit. The term Engineer, shall represent the Contract Representative on projects constructed in the public rights-of-way.

B. Description of Work

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This Contract was prepared to provide an expeditious means to meet landscaping requirements and needs on existing and future City facilities and public rights-of-way. The work to be performed consists of furnishing all labor, material, equipment, and supplies in a workmanlike manner, in accordance to the 2015 City of Tucson / Pima County Standard Specifications for Public Improvements (hereto referred to as the Standard Specifications).

C. Location of Project

The individual job orders will be located at facilities throughout the City and Pima County. Job orders may also be issued for work in the public rights-of-way.

D. Special Provisions

SECTION 107 - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC

107-6 Archaeological Features: of the Standard Specifications is modified to add:

In the event that archaeological or historical features are encountered, cease work that could damage the features and contact Jodie Brown at the City of Tucson Historic Preservation Office at (520) 837- 6968 or (520) 791-4171 and the project manager.

C.5. Maintenance and Protection of Traffic

All work shall be performed during daylight hours unless a written program from the Contractor is received and approved by the City Engineer. If night work is approved, all other specifications, such as temperature requirements, must be met. Night work shall consist only of those items specifically approved by the City Engineer. If night work is approved, the City Representative may terminate all, or any portions, of the night work at any time. The remaining portion of this section shall further restrict all work, including night work.

Traffic Control Plan

No less than 5 working days prior to commencement of any work on any site or job order that will impact traffic movement, in the public rights-of-way, the Contractor shall submit and pay for approval a detailed traffic control plan. The traffic control plans shall be on paper reproducible on a copier or blueprint machine (maximum paper size for copier prints is 8-1/2" x 14"). The plans shall be submitted to TDOT Permits and Codes located in the County/City Public Works Center, 201 North Stone Avenue, 4th floor.

The contractor shall pay for the traffic control plans. And the costs shall be included in the overall cost of the project.

Traffic Control/Lane Closures must be in accordance with the Manual on Uniform Traffic Control Devices as amended by the State of Arizona and the 2015 Additions by the City of Tucson, available at the City of Tucson Traffic Engineering Division, located in the County/City Public Works Center, 201 North Stone Avenue, 5th floor and at https://www.tucsonaz.gov/files/transportation/files/2015_COT_Additions_Final.pdf.

No Arterial or Collector Street restriction between 7-9 a.m. and 4-6 p.m., Monday through Friday.

The Contractor must obtain permission a minimum of three (3) days in advance, except in an emergency, before closing or barricading any street or public right-of-way.

Barricading shall be in accordance with the approved barricading plan.

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If the Contractor is allowed to temporarily eliminate parking on any streets, the Contractor shall arrange 24 hours in advance to have the meters hooded by the City of Tucson Park Tucson Division. Park Tucson may be contacted at (520) 791-5071 and information obtained at http:/tucsonaz.gov/park-tucson. The Contractor shall absorb any costs to do so.

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D. INSTRUCTION TO OFFERORS

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

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

City (COT): The City of Tucson, Arizona

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

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

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

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

May: Indicates something that is not mandatory but permissible.

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

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

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

D.2. PRE-SUBMITTAL CONFERENCE:

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

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 https://secure.procurenow.com/portalucson-az/projects/40052?section=326817

BUSINESS SERVICES DEPARTMENT Page 10 of 61 writing. Offerors are encouraged to submit written questions via electronic mail or through the question and answer portal, at least nine days prior to the submittal due date. Any correspondence related to a solicitation should refer to the appropriate Request for Qualifications number, page and paragraph number. Oral interpretations or clarifications will be without legal effect. Only questions answered by a formal written addendum to the Request for Qualifications will be binding.

D.4. ADDENDUM OF REQUEST FOR QUALIFICATIONS:

The Offeror shall acknowledge receipt of a Request for Qualifications Addendum by signing and submitting the document through the City’s online bidding system by the specified due date and time.

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 qualification 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.

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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 Offer Submittal Deadline, submit its Offer electronically through the City’s online bidding system, https://procurement.opengov.com/portalucson-az.

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

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

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

DEADLINE WILL NOT BE CONSIDERED.

D.13. LATE SUBMITTALS:

Late submittals will be rejected.

D.14. OFFER 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.15. OFFER & EXECUTION

Offerors shall submit the Offer & Acceptance page located in this RFQ with their submittal, acknowledging (i.e. signature) their intent to enter into negotiations on this solicitation. In addition, Offerors are reminded that if awarded a contract they will be required to agree to the Standard Terms and Conditions for Construction. As such, any exceptions to the Terms and Conditions shall be identified in the Offerors submittal.

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

BUSINESS SERVICES DEPARTMENT Page 13 of 61 and either begin negotiations with the third ranked Offeror or may choose to cancel the solicitation in its entirety. Award shall be made to the Offeror whose submittal and subsequent negotiation is most advantageous to the City

D.18. VENDOR APPLICATION:

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

D.19. CITY OF TUCSON BUSINESS LICENSE:

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

D.20. UPON NOTICE OF INTENT TO AWARD:

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

D.21. AWARD OF CONTRACT:

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

A. waive any immaterial defect or informality; or

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

C. reissue the Request for Qualifications.

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

D.22. SUBMITTAL RESULTS:

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

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

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D.23. PROTESTS:

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

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

B. The signature of the protestant or its representative;

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

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

E. The form of relief requested.

D.24. EVALUATION PROCESS OVERVIEW:

All submittals shall be evaluated in accordance with Arizona Revised Statutes Title 34 Chapter 6 and the evaluation criteria stated herein. The evaluation process and contract award shall include:

D.25. REQUEST FOR QUALIFICATION

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

BUSINESS SERVICES DEPARTMENT Page 15 of 61 person or firm considered to be the most qualified at compensation and other contract terms the City determines to be fair and reasonable, the City shall formally terminate negotiations with that person or firm. The City may undertake negotiations with the next most qualified person or firm in sequence until an agreement is reached or a determination is made to reject all persons or firms on the short list. If a contract for construction services is entered into pursuant to this subsection, construction shall not commence until the City and contractor agree in writing on a fixed price or a guaranteed maximum price for the construction to be commenced.

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

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E. SELECTION PROCESS

E.1. ONE-STEP - STATEMENT OF QUALIFICATIONS (SOQ)

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

E.2. STATEMENT OF QUALIFICATIONS (SOQ)

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

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

A. Cover Letter

B. Statement of Qualification in response to the Evaluation Criteria

C. Signed Offer Page

D. Acknowledgement of any and all RFQ Addenda

E.3. COVER LETTER

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

E.4. EVALUATION CRITERIA :

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

A. Qualifications and Experience of the Firm

B. Construction Methods and Techniques

C. Resources

D. Subcontractor Selection Plan

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E.5. OFFER PAGE

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

E.6. ACKNOWLEDGEMENT OF ANY AND ALL RFQ ADDENDA

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

E.7. GENERAL

A. Additional Investigations:

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

B. Prior Experience:

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

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F. SPECIAL TERMS AND CONDITIONS

F.1. City of Tucson Construction Services Agreement

The City’s Construction Services Agreement is included and will be incorporated into the resulting contract. The Contractor will be required to sign and comply with the requirements.

F.2. Basis for Awarding Individual Job Orders

In the event the City awards more than one contract for these services, individual job orders will be awarded based upon consideration of the firm’s ability to complete the work expeditiously and the proposed cost. The City intends to request price and schedule proposals from all contracted firms for each individual job order. However, when quoting individual job orders is impracticable, the City reserves the right to award job orders as it deems to be in its best interest. Scope, schedule, price, and liquidated damages (if applicable) are agreed upon in a fully executed Notice to Proceed letter prior to Contractor beginning the work.

The Contractor shall be available on a five-day work basis throughout the term of the contract unless notified in writing by the City that this requirement may be temporarily waived due to the Contractor's approved written request or a reduced need by the City. The Contractor must be available to commence work on assignments within one week from award of an individual job order.

F.3. Contract Term and Renewal

The term of this contract shall commence upon award and shall remain in effect for a period of one (1) year, unless terminated, canceled or extended as otherwise provided herein. The Contractor agrees that the City of Tucson shall have the right, as its sole option, to renew the Contract for one year with FOUR (4) one-year renewal options, or portions thereof. If the City chooses to exercise this option, all terms, conditions, and provisions of the original contract shall remain the same and apply during the renewal period with the possible exception of fee basis and minor scope additions and/or deletions.

F.4. Price Adjustment

The City will review fully documented requests for fee basis adjustments after any contract has been in effect for one (1) year. Adjustments will only be made at the time of contract renewal or extension, except for financial emergencies, and will be a factor in the renewal/extension review process. The City will determine whether the requested adjustment or an alternate option is in the best interest of the City.

Any adjustment will be effective on the first day of the contract renewal or extension.

F.5. Compensation and Method of Payment

In consideration of the performance of the services described in the Scope of Services of each individual job order and pursuant to the master Scope of Work herein, the City shall pay the Contractor in accordance with the negotiated contract rates, and the Contractor shall charge the City only in accordance with those same rates.

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Compensation under this contract should not exceed five-hundred thousand dollars ($500,000) per individual job order unless a waiver is requested of and granted by the Business Services Department.

The City of Tucson reserves the right to adjust the individual job limit at time of annual contract renewal upon written approval from the Director of Business Services. The City will pay the Contractor following the submission of itemized invoice(s) for the service rendered. No payment shall be issued prior to receipt of material or service and correct invoice.

All requests for payment shall follow a format to be approved by the City Representative. Invoices shall be submitted monthly on a job-by-job basis.

F.6. Bonding Requirements

Contractor shall file with the City, prior to the time of execution of the contract and annually, if the term of this contract is extended by the City, payment and performance bonds in the forms prescribed by the City. The bonds must cover all construction performed under job orders. The amount of the bonds provided by the Contractor must always be at least equal to the total amount of the contract prices for construction work under job orders issued and not complete. Contractor agrees to provide such additional bonding as may be required to satisfy this requirement, as provided under A.R.S. 34-610.

Bonds may be provided as follows: annual bonds in the amount designated by the agency, or bonding per each individual job. Successful contractor(s) will designate bonding methodology prior to contract award.

F.7. Small Business Enterprise (SBE) Program Requirements

The Job Order Contractor shall be required to comply with SBE Program requirements, if goals are applicable, on projects that meet or exceed the Formal Solicitation Threshold established by the Tucson Procurement Code, currently at one hundred thousand dollars ($100,000). Program requirements are codified in Chapter 28, Article XIII of the Tucson Procurement Code. The Job Order Contractor shall submit to the Department of Procurement, Business Enterprise & Compliance Program via the city’s Project Manager, after the project proposal phase, either a completed offeror’s 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 name of the SBE subcontractors/suppliers;

B. The type and scope of work or service each SBE will perform;

C. The dollar value of each SBE’s subcontract;

D. The dollar value of the prime contractor’s self-performed work if claiming SBE credit;

E. The total dollar value of SBE work performed and percentage of the contract value.

F. If the contract goal is not met, evidence of good faith efforts.

G. An approved plan or waiver request must be in place prior to issuance of the Notice To Proceed (NTP) for individual project construction.

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

Also see: SBE Program Provisions for Alternative Project Delivery Method (APDM) for Construction Services.

F.8. Performance Rating

At the completion of each term or termination of this contract, the City may evaluate the Contractor based on performance under this Contract. This rating may be used in the overall evaluation of the Contractor when applying for future work with the City.

F.9. Right To Audit

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

The Contractor shall at any time requested by City, whether during or after completion of this Contract, and at Contractor’s own expense make such records available for inspection and audit (including copies and extracts of records as required) by City. Such records shall be made available to City during normal business hours at the Contractor’s office, place of business, an agreed to location, mailed or provided electronically. If, as a result of such audit, the Contractor is liable to the City for the payment of any sum, Contractor shall promptly pay such sum to the City together with interest thereon at the rate of one percent (1%) per month from the date such sums should have been paid. Payment shall be made within 90 days from presentation of City’s findings to Contractor.

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

F.10. Contract Addenda

The Procurement Department has the sole authority to:

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

B. Grant time extensions or contract renewals;

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

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

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F.11. Pre-award Meeting

A pre-award meeting may be held (and may be mandatory) with successful offerors where City representatives will review the terms and conditions of the contracts and final awards will be made.

Award for any firm out of compliance with the DBE/SBE requirements under another JOC will be delayed until requirements are met.

F.12. Child/Sweat-Free Labor Policy

The Contractor shall comply with all applicable provisions of the United States Federal and State Child Labor and Worker's Right laws and agrees if called upon to affirm in writing, that they, and any subcontractor involved in the provision of goods to the City, are in compliance.

F.13. Federal Immigration Laws and Regulations

Contractor warrants that it complies with all Federal Immigration laws and regulations that relate to its employees and complies with A.R.S. § 23-214(A) and that it requires the same compliance of all subcontractors under this Contract. Contractor acknowledges that pursuant to A.R.S. § 41-4401 and effective September 30, 2008, a breach of this warranty is a material breach of this Contract subject to penalties up to and including termination of this Contract. The City retains the legal right to audit the records of the Contractor and inspect the papers of any employee who works for the Contractor to ensure compliance with this warranty and the Contractor shall assist in any such audit. The Contractor shall include the requirements of this paragraph in each contract with subcontractors under this Contract.

If the Contractor or subcontractor warrants that it has complied with the employment verification provisions prescribed by sections 274(a) and 274(b) of the Federal Immigration and Nationality Act and the E-verify requirements prescribed by A.R.S. § 23-214(A), the Contractor or subcontractor shall be deemed to be in compliance with this provision. The City may request proof of such compliance at any time during the term of this Contract by the Contractor and any subcontractor.

F.14. City of Tucson Business License

It is the responsibility of the Contractor to have a City of Tucson Business License throughout the life of this contract or a written determination from the City's Business License Section that a license is not required. At any time during the contract, the City may request the Contractor to provide a valid copy of the business license or a written determination that a business license is not required.

Application for a City Business License can be completed at http://www.tucsonaz.gov/etax. For questions contact the City's Business License Section at (520) 791-4566 or email at tax-license@tucsonaz.gov.

F.15. Cooperative Purchasing

Any Contract resulting from this solicitation shall be for the use of the City of Tucson. In addition, public and nonprofit agencies that have entered into a Cooperative Purchasing Agreement with the City of Tucson's Department of Procurement are eligible to participate in any subsequent Contract. See https:/ucsonprocurement.com/coop_partners.aspx and click on Cooperatives for a list of the public and https://ucsonprocurement.com/coop_partners.aspx

BUSINESS SERVICES DEPARTMENT Page 22 of 61 nonprofit agencies that have currently entered into Cooperative Purchasing Agreements with the City of Tucson. Additionally, this contract is eligible for use by the Strategic Alliance for Volume Expenditures (SAVE) cooperative. See https://www.mesaaz.gov/business/purchasing/save for a listing of participating agencies. The parties agree that these lists are subject to change.

The City, as a lead agency, accrues costs to solicit, award and administer cooperative contracts. As part of the negotiation process, the City will be requesting Offerors to consider providing the City a cooperative administrative fee or rebate in the form of a percentage of sales based upon other agencies spend. The City's spend would not be included in the administrative fee consideration. The successful contractor's will have the ability to market this contract to all of the City's cooperative partners which results in a cost savings to the contractor by not having to compete on separate solicitations. The administrative fee should not be a cost added to the contract pricing but a cost sharing of the marketing savings the contractor receives by not having to participate in additional solicitation processes.

Any orders placed to, or services required from, the successful Contractor(s) will be requested by each participating agency. Payment for purchases made under this agreement will be the sole responsibility of each participating agency. The Contractor may negotiate additional expenses incurred as a result of participating agencies’ usage of this contract (i.e., freight charges, travel related expenses, etc.). The City shall not be responsible for any disputes arising out of transactions made by others.

The Contractor(s) will provide an electronic copy of the complete Contract to the City of Tucson Department of Business Services upon receipt of the Notice of Intent to Award. At the City's request, the successful Contractor(s) may also be requested to provide an electronic copy of the complete Contract to a participating agency.

F.16. 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 Procurement Department 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

Business Services Department Risk Management

255 W. Alameda, 6th floor 255 W. Alameda, 5th floor

Tucson, Arizona 85701 Tucson, Arizona 85701

Facsimile: 520-791-4735 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…