JOC_for_Demolition_Services_(Addendum_#1_Revision).pdf

CITY OF TUCSON

REQUEST FOR QUALIFICATIONS

240009

JOC FOR DEMOLITION SERVICES

Due Date: Thursday, November 2, 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/53051

PUBLISH DATE: October 12, 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. 240009

BUSINESS SERVICES DEPARTMENT Page 2 of 81 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.RFQ

B - SBE Provisions

F - HUD_5369

G - HUD_5370_(exp_11.30.2023) H - HUD-5370-C1_(excl_11.30.2023) I - Section_3-Attachment_Complete_(FY23)

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A. Notice

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR QUALIFICATIONS NO 240009

JOC for Demolition Services

The City of Tucson is conducting a competitive One-Step Process to retain approximately five (5) contractors for a Job Order Contract (JOC) to provide JOC for Demolition Services. Individual job orders should not exceed two hundred fifty thousand dollars ($250,000) and the estimated budget for the first year is one-million dollars ($1,000,000) . The term of this contract will be 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, November 2, 2023 AT 2:00 P.M. LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE: Tuesday, October 24, 2023

TIME: 9:00 am LOCAL AZ TIME

LOCATION: PRE-SUBMITTAL MEETING LINK

Call in #: 1-213-293-2303 Conference ID#: 989 296 85#

QUESTIONS SHALL BE DIRECTED TO: Maritza Felix

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

Publication Dates: Thursday, October 12, 2023 & Thursday, October 19, 2023

Posted Date: Thursday, October 12, 2023 https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDI2Yzg0ZDgtYzA0Ny00NDhlLWE2ZTUtMTY0ZTQ4NWQyZDVm%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d

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B. Introduction

B.1. Summary

Notice is hereby given that the City of Tucson, hereinafter referred to as "COT", is conducting a competitive ONE-STEP process to retain up to FIVE (5) Contractors to provide demolition services, in accordance with Sec. 34-603 of the Arizona Revised Statues for the City of Tucson.

B.2. Contact Information

Maritza Felix Senior Contract Officer 201 N Stone Avenue 6th Floor North Tucson, AZ 85701 Email: maritza.felix@tucsonaz.gov Phone: (520) 837-4107 Department:

Transportation & Mobility

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

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Posted Date October 12, 2023

Pre-Submittal Conference (Non- Mandatory)

October 24, 2023, 9:00am Virtual Teams Meeting

Question Submission Deadline October 27, 2023, 3:00pm

Submittal Due Date November 2, 2023, 2:00pm

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C. Scope of Work

C.1. Introduction

Notice is hereby given that the City of Tucson, hereinafter referred to as "COT", is conducting a competitive ONE-STEP process to retain up to FIVE (5) Contractors to provide demolition services, in accordance with Sec. 34-603 of the Arizona Revised Statues for the City of Tucson. Individual job orders should not exceed two hundred fifty thousand dollars ($250,000.00) unless a waiver is requested and granted by the Procurement Authority.

The estimated budget for the initial one-year term is one million ($1,000,000) dollars. The term of this contract will be ONE (1) year with FOUR (4) potential one-year renewal options. However, services will be requested on an as-needed, if-needed basis and the resultant contract is neither exclusive nor a commitment or guarantee by the City of Tucson that the Contractor’s services will be required.

Regional Transportation Authority (RTA) and HUD funding may be utilized on specific projects under the Contract. Should HUD funding be utilized the terms and conditions and Appendix D will apply and the appropriate prevailing Davis Bacon wage determination 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 the JOC or in awarding job orders under the JOC 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. Project Overview

Work under this contract includes, but is not limited to, the demolition and removal of residential and commercial buildings, structures, retaining walls, foundations, basements, pavement, site utilities, landscaping, and any other related improvements as defined herein. The work may also include the abatement and the abatement and proper disposal of such hazardous materials as asbestos and lead-based paint materials.

C.4. General Details

A. DESCRIPTION AND LOCATION OF WORK

Work under this contract generally includes:

o Demolition and removal of residential and commercial buildings, structures, retaining walls, foundations, basements, pavements; and o Site utilities, Landscape, hardscape;

BUSINESS SERVICES DEPARTMENT Page 7 of 81 o Site excavation with native plant preservation;

o Coordinate with utilities for utility abandonment; and o Abatement and proper disposal of such hazardous materials (i.e. asbestos and lead-based paint materials);

o Other related improvements as defined in the scope of work for each individual project;

The City shall provide Contractors with (as applicable - for each request for proposal) the following:

• The demolition project’s location/address;

• Legal description;

• Description of what shall be removed;

• Listing of structures to remain on site, or to be saved; and

• A sketch of the property (when necessary).

The Contractor agrees to perform all specified services and supply all necessary materials for the amounts stated in its offer for each project awarded.

The issuance of a Notice to Proceed shall constitute acceptance of a proposal and specify the agreed upon cost, completion days or date, and Liquidated Damages, when applicable.

B. DETAILED REQUIREMENTS

2.1. Contractor Qualifications:

Demolition contractors shall have experience on projects of similar size and scope, and shall use only skilled workers who are thoroughly trained, certified and experienced in methods required for proper performance of work. The contractor shall provide copies of training certifications upon request for quality assurance. All contractor qualifications apply to any and all sub-contractors. The contractor and sub-contractor(s) will comply with the applicable federal, state, and local laws and regulations to identify and properly manage hazardous building materials prior to and during demolition activities. The City reserves the right to remove any workers who, in the City’s sole judgement, do not meet the requirements listed above.

2.2 Licensing:

The Contractor must have one of the following Arizona contractor license classifications.

A. A General Engineering

B. C/CR 57 Wrecking

C. A-12 Sewers, Drains and Pipe Laying

D. A-16 Waterworks

E. KA Dual Engineering

F. K-80 Sewers, Drains and Pipe Laying

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G. CR-5, Water Metering Devices

2.3. Site Conditions:

Occupancy: Structures to be demolished will be vacated and discontinued in use prior to start of work.

Condition of Structures: The City assumes no responsibility for actual condition of structures to be demolished. It is expressly understood that the City will not be responsible for interpretations or conclusions made by Contractor from existing drawing, reports, surveys and other information prepared for City by other professionals.

The Contractor shall visit and accept the site as he finds it and shall inform himself of its character and the type of structures to be removed. The City assumes no responsibility for the condition of structures on the site. The City will not be responsible for damage to or loss of the structures, whether by reason of fire, theft or other happenings after the date of public notice, nor relieve the Contractor from any obligation under the contract, nor provide justification for additional compensation should such loss occur. Commencement or work on site shall constitute acceptance by the Contractor of existing jobsite conditions.

Partial Removal: The City hereby declares that it considers there is no salvage value to the structure or its contents. Accordingly, if the Contractor performs salvage, such work must not delay the demolition progress, nor will the City consider extending the demolition time, because of the Contractor’s salvage operation if any. Salvaged items must be transported from site as they are removed. Storage or sale of removed items on site will not be permitted.

The Contractor will be responsible for complying with applicable federal, state and local regulations.

2.4 Explosives:

Use of explosives is prohibited.

2.5 Traffic:

The following must be adhered with to prevent traffic related hazards:

A. Conduct demolition operations in a manner that minimizes interference with traffic and interference with roads, streets, sidewalks, pedestrian pathways and other adjacent occupied or used facilities, to include removal of demolition debris.

B. Do not close or obstruct streets, sidewalks, pedestrian pathways, parking lots or other occupied or used facilities without permits from City of Tucson or authorities having jurisdiction as provided in the General Conditions.

C. Provide alternate routes around lighted barricades, warning signs, direction signals, and closed or obstructed traffic ways if required by governing regulations. If the work is within COT limits meet with City of Tucson Traffic Engineering Authorities at least one week prior to start of demolition work. If the work is outside the COT limits meet with that jurisdiction’s Traffic Control Department.

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2.6 Protection of Adjacent Real Property, Right-Of-Ways, and Natural Vegetation:

The work of demolishing the structures shall be carried on in a manner that will insure protection of adjacent property (property title to which is not in the City’s name), and against any damages or injuries which might occur from falling debris or other cause and so as not to interfere with the use of adjacent buildings and structures or the free and safe passage to and from the same.

The Contractor shall take every precaution to guard against any movement or settlement of adjacent structures or streets, and shall provide and place at his own expense, bracing or shoring necessary or proper in connection therewith, and shall be solely and entirely responsible for the safety and support of such structures and shall be solely liable for any such movement or settlement, applicable permits and fees, and any damage or injury caused thereby or resulting there from. If at any time the safety of any adjacent structure appears to be endangered, the Contractor shall cease operations, and at his own expense, shall take all proper means to support such structure and shall not resume operations until permission has been secured in writing from the City Job Order Representative (City Representative).

The Contractor shall take all necessary and adequate precautions to protect and preserve all walkways, roads, streets, curbs, pavement, trees, planting, and all vegetation, on or adjacent to the site or as specified or as shown on the plans. The Contractor shall repair, replace, and completely restore site and adjacent property to original condition as specified or as directed by the City’s Representative.

All work activities of the Contractor are to be confined within the job site, unless noted otherwise in these Specifications. The Contractor shall ensure safe passage of persons around area of demolition.

Conduct operations to prevent injury to adjacent buildings, structures, other facilities, and persons.

2.7 Public Posting and Notification:

If public notice is applicable:

It shall be the Contractor's responsibility to contact adjacent property owners one week (7 calendar days) prior to the start of construction.

The Contractor shall:

With City guidance and prior approval, prepare and distribute notification letter to adjacent residents and/or businesses. The letter shall provide information on the date and time when the work will commence, any parking restrictions when conducting the work, contractor contact numbers for any additional information, and other relevant information on the project and scope of the work. The contractor will be required to make enough copies of this notice for distribution. Notices are not to be placed in mailboxes.

No work shall be allowed to commence unless the conditions and requirements of this specification section is adhered to. Failure of the contractor to abide by this specification section shall be sufficient grounds for the City to suspend work.

2.8 Damages:

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Damages caused to adjacent facilities, utilities, or property by the Contractor’s demolition operations shall be reported to the City’s representative immediately and repaired promptly at no cost to City.

2.9 Utilities and Appurtenances:

Before starting demolition, notify all corporations, companies, individuals, or local authorities owning conduits, wire, or pipes to, through or across the site where the structures to be demolished are located.

Under State Law (ARS 40-3360-21) the Contractor is required to contact all utilities in order to determine the location of their respective utilities prior to any excavation. The Contractor is responsible for any damages to existing utilities and will make any necessary repairs at the Contractor’s expense.

Before starting demolition, the contractor may be required to arrange for the disconnection at the service mains of all utility service connections, such as water, gas, electricity, communications, and telephone to structures to be demolished, in accordance with the rules and regulations of the utility concerned.

Protection: The contractor must preserve the operating condition of all, but not limited to, active utilities traversing the project site.

Repair damage to any such utility or appurtenance incurred under this contract to the satisfaction of the City Representative, utility, or authority having jurisdiction.

2.10 Extermination:

Employ a certified exterminator and treat buildings in accordance with concerning health regulations for rodent, bees, and insect control.

2.11 Site Safety & Security:

The Contractor is responsible for protecting the public and keeping construction sites safe. This shall be accomplished by means of, but not limited to, temporary security fencing, and/or other means determined by contractor discretion to prohibit unauthorized entry and compliance with any and all regulatory requirements.

Verify the extent of existing basements in buildings to be demolished. Adjust fence and barricade layouts as required to complete demolition and selective backfilling operations.

Provide covered walkways, pedestrian bridged pathways, etc… where demolition activities would endanger or limit normal pedestrian traffic.

Fill trenches and open foundation excavations which are not fenced to grade level.

Following the completion of the individual job order(s), the Contractor shall remove all the temporary security fencing and leave the site free of public health and safety hazards.

2.12 Maintenance and Protection of Traffic:

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Traffic control shall protect vehicles and pedestrian traffic adjacent to the work area from construction equipment. Traffic control shall comply with the current version of the Manual on Uniform Traffic Control Devices (MUTCD) and approved Traffic Control Plan.

2.13 Salvage Process Considerations

If materials will be salvaged and made available to the public, the following criteria must be met:

A. Materials do not contain lead-based paint, asbestos, or other environmental contaminants.

B. At least 48 hours or more prior to demolition, contact information must be posted in visible locations on the property to facilitate the discussion regarding materials available/of interest.

C. Members of the public are not allowed to obtain materials on site unaccompanied.

2.14 Safety Requirements:

a) The General Contractor shall submit current loss history information from its insurance carriers before this contract is executed. The information specific to workers’ compensation carriers must include a three (3) year history of both its Experience Modification Factor (EMOD) and its loss ratio,

b) The General Contractor shall provide upon request a copy of its written health and safety program, to include employee training records or certificates.

c) Insurance Conformation- The General Contractor shall provide certificates of insurance and meet indemnification criteria.

2.15 The General Contractor will be required to attend a City safety briefing. The safety Briefing session shall address the following issues:

A. City Safety Rules and Expectations

B. Contractor Tailgates- The General Contractor shall conduct tailgate safety meetings regularly to ensure that safety in the job is given priority.

C. Unsafe Acts- Contract employees shall empower to stop unsafe act or condition at City facilities.

D. Safety audits- The city reserves the right to conduct safety audits at the job site at any time. In addition, the City shall be notified should an ADOSH/OSHA compliance officer appears on site.

E. The City Risk Management will work with City Contract Representative to stop work in the event of an immediate dangerous to life or health (IDLH) situation.

2.16 Notification of Property owners

A. All Property owners that may be affected by the proposed construction/demolition actives shall be notified of scope and duration of the construction/demolition actives by the General Contractor prior to start of the construction/demolition

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C.5. Demolition and Removal

3.1 Care of Work:

Contractors are responsible for the health and safety of their own employees. Adequate protection of persons and property shall be provided at all times. At no time shall the presence and/or direction of City of Tucson employees at a jobsite supersede a contracted employers’ responsibility to comply with OSHA or other existing and/or recognized safety protocols and regulations. Work shall be executed in such a way as to avoid hazard to persons and property, interference with the use of adjacent structures, and interruptions of free passage to and from such structures. Demolish structures in accordance with all federal, state and local regulations.

Contractors are responsible for identifying all existing hazards and anticipating all potential hazards associated with the project, with the exception of those elements for which building owners are explicitly responsible in accordance with 29 CFR 1926.1101(k)(2).

The presence, location and quantity of ACM (asbestos-containing material) as defined by 29 CFR 19261101) and PACM (presumed asbestos-containing material) as defined by 29 CFR 1926.1101) identified in each facility contracted for demolition will be provided by the City. Contractors are responsible for all asbestos permitting, employee certification and protection, labeling, the manifest and all other requirements related to the removal and disposal of ACM and/or PACM.

In the course of demolition, suspect materials encountered which were not previously identified must be treated in accordance with all federal, state and local regulations.

3.2 Demolition on Premises

Remove from the site all demolition debris and materials taken from the structure(s), except as otherwise specified. Contractor shall be responsible for the disposal of all demolished materials in compliance with all applicable Federal, State and local laws and provide documentation of such disposal and compliance. All haulage and dump fees are the responsibility of the Contractor.

3.3 Fuel Tanks:

Removal of abandoned underground oil, gasoline or fuel storage tanks (USTs) is not permitted under this contract. Prior to the removal and disposal of UST’s located above ground on property scheduled for demolition services shall be conducted in accordance with all federal state and local regulations.

The Tucson Fire Department (520-791-4014) and City of Tucson Environmental Management Program Coordinator (Cell - 520-403-0295) shall be contacted immediately upon discovery of UST’s located on City property undergoing demolition activities. The Contractor maybe requested to assist in the removal of operation under strict supervision from an Environmental Consultant.

3.4 Below Grade Construction:

A. Demolish and remove all below grade improvements and non-soil materials encountered, except specifically identified items that are designated to remain.

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B. Completely fill below grade utility and foundation excavations (including mass basement excavations) and voids resulting from demolition of structures.

1. Use soil materials consisting of excavated soils, stone, gravel, and sand or what is specified by the Engineer of Record: and free from debris, trash, roots, and other organic matter.

2. Prior to placement of fill materials, ensure that areas to be filled are free of standing water, trash, and debris.

3. Where Applicable: Place fill materials in horizontal layers not exceeding 6" in loose depth.

4. Compact each layer at optimum moisture content of fill material to a minimum density of 95% in accordance with ASTM D1556.

5. Where applicable, the contractor shall be responsible for the testing and compaction certification of all fill materials by an independent, approved laboratory. The Contractor shall cooperate with the testing agency and provide safe access to the work area. Testing frequency shall be every 5,000 square feet for each lift, or fraction thereof, placed in a day.

6. After fill placement, grade surface to meet adjacent contours or as specified per plan or as directed by the City Representative.

7. The entire fill shall be sufficient in quantity and depth to insure that the grade of the entire area within the job site will be consistent with the existing grade of all abutting properties and provide adequate site drainage. All fill used shall be clean sanitary fill tested and approved by the testing laboratory. In the event the contractor falls short of clean fill materials on the site, the Contractor shall furnish approved materials from other sources at no additional cost to the City. Prior to final inspection and acceptance by the City representative, the entire site shall be clean, graded smooth and free of trip hazards.

8. Material or debris shall not be burned on the premises.

9. Demolished pieces of Portland cement concrete, asphaltic cement confirm concrete, and brick which are documented not to contain lead-based paint may be used as fill materials if crushed to a 3” minus blended aggregate and if such aggregate can be compacted to the 95% density as required under item 4. 2. c. of this spec. The fill materials described above shall not contain any reinforcing steel or organic materials.

10. In the event suspicious soil odors, discolored and/or contaminated soil is encountered during below-grade excavation activities, excavation work must cease. The contractor will contact the City Representative immediately. The City shall inspect the project area to determine the level of impact, and determine if special handling and disposal of contaminated soil is required. The contractor will be responsible for the cost associated with special handling and disposal of contaminated soil in the event City of Tucson’s Protocol is not strictly followed. The Protocol will be explained during the pre-quote meeting.

11. The "Contractor" shall not co-mingle clean soil with suspicious soil that could potentially be impacted from historical land use. If necessary, soil testing will be conducted to determine if the soil is impacted above state cleanup standards; and if the area(s) require special handling and disposal.

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C.6. Hazardous Materials

4.1 Contractor's Responsibilities

As directed by the City in the project scope of work, some structures to be demolished may need to be inspected for the presence of hazardous building materials, such as asbestos, lead, mercury, polychlorinated biphenyls (PCBs), chlorofluorocarbons (CFCs) and halons, etc.. The environmental survey report(s) (i.e. Pre-demolition Asbestos and Lead-based Paint Surveys will be attached to the request for quotation when available. Asbestos-containing materials (ACM) and suspect materials must be removed and disposed of in accordance with all applicable federal, state, and local regulations with special emphasis on OSHA regulations for Class I work and NESHAP.

The Contractor shall be responsible for the safe handling, transport and disposal of hazardous materials at the appropriate landfill/facility. Any and all costs involved in said removal and disposal shall be borne by the Contractor and included in his price quotation.

For those materials containing or likely to contain asbestos, PCBs or other hazardous materials, contractors shall conform to all Environmental Protection Agency (EPA), state and local health department regulations including notifications, recording, handling, and disposal, including securing all permits and related fees/costs.

The Tucson Fire Department (520-791-4014) and City of Tucson Environmental Management Program Coordinator (Cell - 520-403-0295) shall be contacted immediately upon discovery of previously unidentified hazardous materials.

C.7. Disposal of Non-Hazardous Waste and Non-Regulated Abestos

5.1 Disposal Requirement

Non-hazardous waste and non-friable asbestos require disposal take place at the Los Reales Landfill.

For more information on the proper disposal of impacted soils and non-friable asbestos at Los Reales Landfill, contact the City of Tucson Environmental Services Department at 520- 791-4183 or see https://www.tucsonaz.gov/es/los-reales-landfill for the waste acceptance procedure. If the soils are characterized as special waste, a Waste Acceptance Form will be required for disposal at Los Reales Landfill.

C.8. Special Considerations

6.1 Project Pricing

When possible, the City intends to solicit quotes from all Job Order Contractors upon identification of a project. Individual job orders will be awarded based on 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.

6.2 Award of Individual Job Orders

https://www.tucsonaz.gov/es/los-reales-landfill

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Scope, schedule, price, and liquidated damages (if applicable) are agreed upon in a fully executed Notice to Proceed (NTP) letter prior to Contractor beginning the work. Any air quality permits required will be identified in the Notice of Intent. Upon receipt of the Notice of Intent (NOI) (to award a project), the selected Contractor shall have 5 days to apply for any air quality permits required and submit evidence of application to the Contract Representative. Other requirement may be specified in the NOI. The City reserves the right to rescind the Notice of Intent if the permits identified in the notice of Intent are not received within 5 days of the issuance of the Notice of Intent. Each individual job order shall not exceed $500,000 unless a waiver is requested of and approved by the Director of Procurement prior to services being rendered.

For any individual job $100,000 or greater, contractor shall submit depending on the source of funding identified in the proposal, a DBE or SBE plan for OEOP review, per DBE and SBE program requirements are outlined herein.

6.3 Miscellaneous

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

6.4 Permitting

The contractor is responsible for submitting and securing any and all necessary City and County permits. Any and all permit fees shall be inclusive with the Contractor’s pricing.

6.5 Reporting:

Submittal of a Waste Accountability Reporting Form may be required for some projects. The City will provide the appropriate form.

6.6 Historic Properties

In compliance with City Ordinance No. 10776, the contractor is responsible for submitting Architectural Documentation for Historic Buildings Prior to Demolition for any buildings or structures more than 49 years old as part of the Demolition Permit application process.

For projects that have been identified as requiring the “need for salvage” from historic buildings and structures, the contractor is responsible for salvaging building materials, architectural details, and fixtures. The contractor will be responsible for working with the City Project Manager on the development of a process for making those materials available for purchase by the public.

C.9. Safety Document References

The following documents are included by reference and adherence to the requirements (as applicable by project) shall be a performance requirement in any contract awarded pursuant to this RFQ:

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COT - Central Safety Services S-031: Asbestos : https://tucsonaz.kha.com/search_results.php

COT- Central Safety Services S-032: Lead Based Paint: https://tucsonaz.kha.com/search_results.php https://tucsonaz.kha.com/search_results.php https://tucsonaz.kha.com/search_results.php

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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/14543?section=102270

BUSINESS SERVICES DEPARTMENT Page 18 of 81 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, acknowledge 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 https://procurement.opengov.com/portalucson-az https://procurement.opengov.com/portalucson-az

BUSINESS SERVICES DEPARTMENT Page 21 of 81 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 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

BUSINESS SERVICES DEPARTMENT Page 23 of 81 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 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.