JOC_for_Installation,_Maintenance,_and_Repair_of_Fiber_and_Copper_Networks.pdf

CITY OF TUCSON

REQUEST FOR QUALIFICATIONS

240196

JOC FOR INSTALLATION, MAINTENANCE, AND REPAIR OF FIBER

AND COPPER NETWORKS

Due Date: Thursday, November 14, 2024

City of Tucson

255 W Alameda St

Tucson, AZ 85701

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

Public Portal https://secure.procurenow.com/portal/tucson-az/projects/116370

PUBLISH DATE: October 17, 2024 https://secure.procurenow.com/portal/%7Bproject.government.code%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D

CITY OF TUCSON REQUEST FOR QUALIFICATIONS NO. 240196

BUSINESS SERVICES DEPARTMENT Page 2 of 67 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Maria Hartke

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-3826

Attachments:

A - Offer_and_Acceptance C - APDM DBE Program Provisions March 2021 D - FTA DBE Provisions

E - FTA BOILERPLATE

F - HUD-5370 EZ

G - Section 3 (FY25)

H - HUD-5369

I - HUD-5370

J - SBE_Provisions_Revised_May_2024_Includes_Subcontractor_Modification_Form

BUSINESS SERVICES DEPARTMENT Page 3 of 67

A. Notice

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR QUALIFICATIONS NO 240196

JOC for Installation, Maintenance, and Repair of Fiber and Copper Networks

The City of Tucson is conducting a competitive Two-Step Process to retain approximately four (4)contractors for a Job Order Contract (JOC) to provide JOC for Installation, Maintenance, and Repair of Fiber and Copper Networks. Individual job orders should not exceed $500,000 and the estimated budget for the first year is $50,000-$300,000. The term of this contract will be one (1) 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, November 14, 2024 AT 2:00 P.M. LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE: Thursday, October 31, 2024

TIME: 10:30 am LOCAL AZ TIME

LOCATION: Microsoft Teams Meeting

QUESTIONS SHALL BE DIRECTED TO: Maria Hartke

(520) 837-3826 maria.hartke@tucsonaz.gov

Publication Dates: Thursday, October 17, 2024 and Thursday, October 24, 2024

Posted Date: Thursday, October 17, 2024 https://teams.microsoft.com/l/meetup-join/19%3ameeting_NmE2MTBkOWQtNmFhMi00YTFmLTg4NWMtMDkwYTRjYTcxN2M3%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%2224b9bb39-f6c7-41f9-9402-0195e9ef849d%22%7d

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B. Introduction

B.1. Summary

The City of Tucson (COT), hereinafter referred to as “COT” is conducting a competitive TWO-STEP process to award multiple contracts for Fiber/Copper Networks construction, repair and maintenance in accordance with Sec. 34-604 of the Arizona Revised Statues. The City may or will select FOUR (4) contractors for a Job Order Contract (JOC) to provide labor, materials, and some design services relating to this scope of work. The contracts issued pursuant to this RFQ will have an individual job order limit of $500,000. Individual job orders will not exceed this project limits unless a waiver is requested of and granted by the Director of Business Services. Typical projects are in the $50,000- $300,000 range. Typical repairs are in the $1,500-$6,000 range. The estimated usage for the first year is $2,000,000.00. The term of this contract will be ONE (1) year with FOUR (4) one-year renewal options. Services will be requested on an as-needed, if-needed basis and the resultant contracts are neither exclusive nor a commitment by COT that the Contractors' services will be required.

The City may or will select NINE (9) contractors from those submitting Statements of Qualifications (Step 1) for further consideration. A Request for Proposals (RFP) (Step 2) will be issued to the short-listed firms. The firms will then be requested to submit separate Technical and Price Proposals in response to an RFP. The RFP will contain a sample project as described in the Evaluation Criteria.

Final Contract award will be determined through a selection process that considers the Final Technical Proposal and Price Proposal. The firm(s) determined to be best qualified will then be invited to enter negotiations with COT.

Federal Transit Administration (FTA), local and/or Regional Transportation Authority (RTA) funding may be utilized on specific projects under the Contract. Therefore, all FTA, HUD, federal, state and local requirements will be followed, and the RTA will be listed as additionally insured and as an additional indemnitee in the resulting contract. FTA Terms and Conditions (Appendix B) are also provided as an attachment to this solicitation and will be incorporated into the resulting contract with signed FTA Certifications.

B.2. 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 based on 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.

B.3. Contact Information

Maria Hartke Contract Officer

BUSINESS SERVICES DEPARTMENT Page 5 of 67

Email: maria.hartke@tucsonaz.gov Phone: (520) 837-3826 Department:

EGSD

mailto:maria.hartke@tucsonaz.gov tel:(520)837-3826

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C. Scope of Work

C.1. STATEMENT OF WORK

1. Scope of Services

A. The Contractor will provide labor, manpower and equipment as requested by the City of Tucson (COT), to perform the work outlined below in the metro Tucson area.

B. All work will conform to the requirements outlined in 29 CFR Part 1910 (Occupational Safety & Health Standards) & 1926 (Safety & Health Regulations for Construction), National Electric Code (NEC), National Electric Safety Code (NESC), Telecommunications Industry Association (TIA), Electronics Industry Alliance (EIA), and Authority Having Jurisdiction (AHJ).

2. Scope of Work

A. General: May include the repair, restoration, installation, and maintenance of aerial outside plant, underground fiber optic conduit and cable, and indoor intra-building fiber optic and copper LAN cable.

1. Including but not limited to fusion splicing, hand terminations and the installation and maintenance of both aerial and underground fiber optic conduits (including boring and trenching).

2. As well as the installation and repair of conduit, fiber or risers as per associated drawings and specifications by AHJ, and verbal directions with follow up in writing, including copper cable installation and repair of infrastructure and associated utilities to support LAN communications.

B. Planning & Design: Site survey/assessment, utility locating, and physical route finding in coordination with Infrastructure Engineering and conduit or pole owner/lessor.

C. Construction Permits: Contractor will coordinate with city, county or state, public or private landowners and AHJs to request and obtain any necessary permits for right-of-way, encroachment, easement, freeway or rail crossings, traffic control or flagging services.

D. Archeological Compliance: Consistent with City of Tucson Administrative Directive (AD) 1.07-7, contractor will consult with City Historic Preservation Officer early in the design process to request and obtain Cultural Resource Clearance prior to any excavations in an Archaeological Sensitivity Zone.

E. As-Built Documentation: Contractor will provide basic drawings or map markups showing routes or locations of any newly installed infrastructure.

F. Vendor Certification: Any contractor installing CommScope and Corning products will be certified for installation of those products and qualified to submit documentation to the vendor for warranty activation.

G. Pole Make Ready: Make ready is defined as working with the pole owner/lessor to prepare the pole for installation of COT fiber in accordance with work orders issued by the COT. This preparation will include, but not be limited to the installation of cable strand, required pole attachment hardware, riser conduit and associated fittings.

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H. Relocation of Fiber: Relocating fiber is defined as physically moving existing fiber service to a different location on an existing pole. This task will consist of, but not be limited to delashing fiber cable from existing messenger strands, moving existing hardware/fittings if serviceable (replace as necessary) to new location, reattach messenger cable to new pole height, installing new messenger if applicable, relashing fiber, and performance testing as requested by the City.

I. Pole Relocate: Pole relocation will consist of removing fiber cable from existing pole and reinstalling it onto a different pole location.

1. This will include, but not be limited to the determination of proper pole height (per pole owner specifications), installation of required hardware, installation of messenger cable, delashing and relashing of fiber cable, new fittings or hardware that may be required.

2. It may also include the siting and erection of a new pole to the City's design, or AHJ, and specifications criteria.

3. The City may request performance testing.

J. Delashing/Relashinq of Fiber Cable: When responding to an "emergency call-out", all fiber cable will be delashed to the closest service loop or splicing point within one mile of emergency point.

1. When service loops or splicing points are not available within one mile, COT technical personnel will instruct contractor (verbally, with follow-up in writing with in a 24-hour period) of splicing and/or delashing instructions.

2. All verbal instructions will adhere to defined standards within this agreement, in which the most stringent will be adhered to.

3. COT technical personnel must approve (in writing) any services/material that are not clearly defined with in this agreement’s standards.

K. Testing: The Contractor will display competent knowledge and expertise in the testing of fiber optic cables using both an optical power meter (power meter testing must be done in both directions) and an optical time domain reflectometer.

1. All fiber that has been physically moved, spliced or terminated will be tested for dB loss and inspected for physical abnormalities that would adversely affect the integrity of the fiber network. Any span not within budget test parameters will be cleaned and/or respliced and retested with test results resubmitted to the City.

2. A record of all successful testing will be presented to the City's Communication Maintenance Section and Infrastructure Engineering Division in electronic and written format.

3. The Contractor will provide a copy of licensed software suitable for reviewing electronic testing results. Successful testing will be defined as the following:

a. Optical fiber test results will be within specified attenuation loss budget parameters, per the City of Tucson requirements, unless approved by Infrastructure Engineering. These requirements are based on the maximum loss parameters specified in the ANSI/TIA/EIA

BUSINESS SERVICES DEPARTMENT Page 8 of 67 standards for the section of fiber under test. Under no circumstance will the requirements exceed the maximum stated in the ANSI/TIA/EIA Standards.

b. All copper cabling links in the installation will be tested in accordance with the Telecommunications Industry Association (TIA) standard ANSI/TIA/EIA-568-B.1 Section 11.2: 100-Ohm twisted-pair transmission performance and field test requirements. The test equipment (tester) will comply with or exceed the accuracy requirements for enhanced level II (Level II-E) field testers as defined in TIA-568-B; Annex I: Section I"

c. All electronic format submittals will be compatible with existing COT Communication Maintenance software.

3. Special Requirements

A. Response Time: Provide emergency call-out service for excavation and restoration of fiber optic cable.

1. Contractor will respond to "emergency call-outs" for the purpose of assisting COT technical personnel in the repair of fiber/copper cable and appurtenant equipment, if directed.

2. Such assistance entails any form of OSP and ISP functions required in an effort to restore and/or protect service. Contractor will be on site with labor and equipment as specified in the call-out within (2) hours of notification.

3. Contractor will remain on site, prepared to perform work as required until released by COT.

Contractor will be available for call-out 24 hours per day, seven days per week, throughout the year. Contractor agrees that time is of the essence in all such emergency call-out situations and will respond at all times to the requirements of the service restoration situation with a sense of urgency.

B. Practice Drills: Periodically, COT may stage practice drills to test the effectiveness of Contractor's emergency response. Contractor will be reimbursed for such drills in accordance with the rate schedule of the contract.

C. Work Schedule: By acceptance of this contract, the Contractor agrees that the Contractor must respond to all written inquiries within 1 working day. In addition, the Contractor and City will negotiate schedules for each component's or project's completion, to which the Contractor and City will both, be expected to adhere.

1. Before beginning any City engagement based on an hourly rate, the Contractor will provide, at no cost to the City, a not-to-exceed estimate of the Contractor hours required to complete the project. This estimate will be valid for 90 days.

2. On all unplanned, short-term or "emergency" projects, the Contractor must be on site and started on the project within 24 hours of written notification. The City is the party who determines when an "emergency" exists and will require all emergencies or short-term projects to be fulfilled according to COT defined standards within this agreement.

3. Projects will be completed adhering to the most stringent of the standards within a reasonable time frame agreed upon (in writing) between the Contractor and COT.

D. Project Initiation: Before beginning any planned project, the City and the contractor will negotiate a schedule, including the deliverables, to be signed by both parties.

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1. Progress payments may be allowed at the City’s discretion. There will be no pre-negotiation for designated emergencies as defined in the work schedule above. However, all COT declared emergencies will adhere to standards within this master agreement.

2. Note: In writing, in emergency situations, refers to an authorized note signed by COT technical personnel approving special service or installation of nonstandard material. This will be required for tracking of nonstandard material used in the fiber network for correction after clearing emergency call-out services.

E. Security Requirement: By acceptance of this contract, the Contractor agrees that any and all Contractor employees who will perform services at designated secure facilities, including but not limited to Tucson Police Department (TPD) facilities, must successfully pass a background check and be issued appropriate identification prior to commencement of work at subject facilities.

4. Project Work

A. Perform any work reasonably requested by the COT for the installation, restoration or enhancement of the COT telecommunication fiber/copper network.

5. Quality Assurance

A. Quality of Work: In the event COT decides that a person provided by the Contractor is not meeting the desired level of expertise, as needed for adequate performance of services, COT may, at any time, with or without cause, require Contractor to remove said person from performing services for COT under this master agreement.

1. Upon request, the Contractor will immediately fill any vacancy created by such removal with a qualified person without remobilization charge.

B. Sub-Contractors: The Contractor will not, without prior written approval of COT, subcontract any portion of services to be performed.

1. All subcontractors will incorporate the terms and conditions substantially as contained in this agreement. Contractor will, at all times, be responsible for the acts, commissions and performance of the subcontractors.

2. In the interest of facilitating timely emergency response, Contractor may request COT's written pre-approval of specific subcontractors and subcontract agreements. The City, at its sole discretion, may issue such written pre-approval. Second tier subcontracting is prohibited.

C. Quality of Equipment: The Contractor warrants that any equipment used for the purposes of fulfilling its obligations hereunder will be in proper operating condition and capable of fulfilling its intended use.

D. In the event that the COT determines, in its sole opinion, that the equipment used does not meet such proper operating condition during the term of this master agreement, the COT may require Contractor to remove said equipment until the COT has approved the equipment's proper operating condition, without remobilization charges.

8. Permits and Licenses

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A. The Contractor will keep current all it's governmental permits, certificates and licenses

(including professional licenses, if applicable) necessary for Contractor to perform these services.

9. Contract Representative

A. The City will designate a Contract Representative to monitor the contract, assign individual projects and to act as liaison between the City and the successful vendor.

10. Safety

A. The Contractor will perform all work in compliance with all federal, state and local laws, regulations and ordinances that pertain to Occupational Safety and Health Administration (OSHA), National Electrical Code and National Electrical Safety Code and the AHJ.

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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 12 of 67 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/portal/tucson-az

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

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

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

DEADLINE WILL NOT BE CONSIDERED.

D.13. LATE SUBMITTALS:

Late submittals will be rejected.

D.14. OFFER 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/portal/tucson-az

BUSINESS SERVICES DEPARTMENT Page 15 of 67 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 https://procurement.opengov.com/portal/tucson-az 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/portal/tucson-az upon issuance of a Notice of Intent to Award or upon final contract execution.

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

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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 17 of 67 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. SELECTION PROCESS

The selection process is provided below:

• Step 1 - Request for Qualifications (RFQ) o For One-Step solicitations, a qualified committee will evaluate the SOQ’s submitted and may or will select NINE (9) contractors from those submitting Statements of Qualifications (Step 1) for further consideration.

• Step 2 - Request for Proposal (RFP) o In response to the RFP, Offerors will first submit Preliminary Technical Proposals.

Following the submittal of Preliminary Technical Proposals, the Evaluation Committee may conduct discussions with each Offeror concerning the Preliminary Technical Proposals.

o RFP Proposal Evaluation

▪ Final Technical Proposals and Price Proposals received in response to the RFP will be evaluated and scored using the RFP Evaluation Criteria and scoring method that will be included in the RFP.

▪ In applying the scoring method, the Evaluation Committee will first evaluate the Final Technical Proposals, and only after evaluating and scoring the Final Technical Proposals will the Price Proposals be opened, evaluated and scored. With respect to the assessment of the Offeror’s financial capacity during the proposal evaluation phase of the procurement, this assessment will focus on whether the Offeror has experienced a material decline in financial strength during the period after short-listing of Offerors and the submittal of proposals. The Selected Offeror will be the Offeror receiving the highest score under the RFP Evaluation Criteria and the scoring method defined in the

RFP.

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

EVALUATION CRITERIA

The specific criteria for Step 2 - Request for Proposal (RFP) shall be provided to the shortlisted firms.

E.3. STATEMENT OF QUALIFICATIONS (SOQ)

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

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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.4. COVER LETTER

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

E.5. EVALUATION CRITERIA :

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

A. Qualifications and Experience of the Firm (40 Points)

B. Qualifications and Experience of the Team (35 Points)

C. Method of Approach and Available Resources to Complete Work (20 Points)

D. Subcontractor Selection Plan (5 Points)

E.6. OFFER PAGE

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

E.7. ACKNOWLEDGEMENT OF ANY AND ALL RFQ ADDENDA

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

E.8. 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.

https://secure.procurenow.com/portalucson-az/projects/14543?section=102272

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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 (1) 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 $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.