CITY OF TUCSON

REQUEST FOR QUALIFICATIONS

230009

JOC FOR MAIN REPLACEMENT

Due Date: Thursday, October 20, 2022

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/24168

PUBLISH DATE: September 28, 2022 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. 230009

BUSINESS SERVICES DEPARTMENT Page 2 of 63 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Leticia Riesgo

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

Attachments:

A - OFFER AND ACCEPTANCE.RFQ

B - SBE Provisions F - Special Provisions for Tucson Water Projects

BUSINESS SERVICES DEPARTMENT Page 3 of 63

A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR QUALIFICATIONS NO 230009

JOC for Main Replacement

The City of Tucson (COT) is conducting a competitive One-Step Process to retain up to five (5) contractors for a Job Order Contract (JOC) to provide all materials, appurtenances, equipment, supplies and labor to repair/install transmission and distribution main pipelines and associated private plumbing at various locations. Individual job orders should not exceed two million and five-hundred thousand dollars ($2,500,000) and the estimated budget for the first year is ten million dollars ($10,000,000). The term of this contract will be one year with FOUR (4) one-year renewal options. Services will be requested on an as-needed, if-needed basis and the resultant contract is neither exclusive nor a commitment by COT that the Contractor’s services will be required.

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

SUBMITTAL DUE DATE: Thursday, October 20, 2022 AT 2:00 P.M. LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE: Friday, October 7, 2022

TIME: 1:00 pm LOCAL AZ TIME

LOCATION: Microsoft Teams virtual meeting (Join meeting)

QUESTIONS SHALL BE DIRECTED TO: Leticia Riesgo

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

Publication Dates: Wednesday, September 28, 2022 and Wednesday, October 5, 2022

Posted Date: Wednesday, September 28, 2022 https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTBlYzFjYzQtZmEwYi00ZDM0LWFkM2EtZTFkNTQ0OWUxM2Ey%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22783e5301-d48c-4409-bafa-0a0828bc7088%22%7d

BUSINESS SERVICES DEPARTMENT Page 4 of 63

B. INTRODUCTION

B.1. Summary

The City of Tucson (COT) is conducting a competitive ONE-STEP process to award multiple contracts for Main Replacement in accordance with Sec. 34-604 of the Arizona Revised Statues for the City of Tucson Water Department (Tucson Water). It is the City’s intent to select up to FIVE (5) CONTRACTORS for a Job Order Contract (JOC) to construct various water system facilities with an individual job order limit of TWO MILLION AND FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00). Individual job orders will not exceed these limits unless a waiver is requested of and granted by the Director of Procurement. The estimated budget for the first year is TEN MILLION DOLLARS ($10,000,000.00). 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 Contractors are expected to be experienced in all aspects of water system installation/repair for water transmission and distribution mains and ancillary facilities and performance/supervision/coordination of the work in the associated disciplines including (but not limited

to) heavy equipment operation, excavation and grading, trucking, boring/jacking, trenching, pipe installation/fitting, private plumbing, corrosion protection, asphalt paving, concrete work, disinfection, microbiological testing, hydrostatic pressure testing, permitting, site maintenance, maintenance of traffic, landscape restoration, stormwater mitigation for construction sites, customer service and public meeting participation, concomitant sanitary sewer relocation/construction, and conformance with state and local environmental and archaeological laws and regulations.

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 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.

Services will be requested on an as-needed basis and the resultant contracts are neither exclusive nor a commitment by Tucson Water that the Contractors' services will be required.

B.3. Contact Information

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

BUSINESS SERVICES DEPARTMENT Page 5 of 63

Department:

Water Department

BUSINESS SERVICES DEPARTMENT Page 6 of 63

C. SCOPE OF WORK

C.1. Description of Services

The work to be done under this Contract shall include furnishing all labor, materials, and equipment necessary for or incidental to the construction and completion of all work described in the RFP for the individual project(s). Construction services to be performed for individual projects will be described in individual job order scopes of work. All construction shall conform to Tucson Water Standard Specifications and Details (2017 or most recent edition); PAG Standard Specifications for Public Improvements (2015 or most recent edition), and the Special Provisions for this contract. In the case of the construction of private plumbing, COT Planning & Development Services Department adopted codes shall apply. If a conflict exists between the standards, specifications and codes, the more stringent requirement will apply as determined by the Engineer. Tucson Water Standard Specifications and Details are available online at https://www.tucsonaz.gov/water/contractors-developers-and-engineers and a hardcopy is available for a nominal fee at 1st Floor, 310 W. Alameda Street, Tucson, AZ 85701.

Water system installation/repair for water transmission and distribution mains and ancillary facilities and performance/supervision/coordination of the work in the associated disciplines shall include, but not be limited to, heavy equipment operation, excavation and grading, trucking, boring/jacking, trenching, pipe installation/fitting, private plumbing, corrosion protection, asphalt paving, concrete work, disinfection, microbiological testing, hydrostatic pressure testing, permitting, site maintenance, maintenance of traffic, landscape restoration, storm water mitigation for construction sites, customer service and public meeting participation, concomitant sanitary sewer relocation/construction, and conformance with state and local environmental and archaeological laws and regulations.

C.2. Location of Project

Individual projects will be at various locations with the Tucson Water service area with water main replacement occurring within the public right-of-way and/or Tucson Water easements. Private plumbing associated with water main replacement/relocation will be within privately owned parcels. The construction may occur in areas with hardscape (asphalt pavement, concrete, paving blocks/bricks, etc.), unpaved graded surface, and/or landscaping (native and/or built/placed).

C.3. Special Instructions

A. Archaeological Features: The Contractor is responsible to conform to all federal, state, and local statutes, codes, ordinances, policies, and directives regarding archaeological features and resources.

B. Although the City shall conduct investigations, prior to construction, to identify all cultural resources in a project area, previously unidentified archaeological materials could be found during the construction of the project. When archaeological, historical, or paleontological features are encountered or discovered during any activity related to the construction of the project, the Contractor shall stop work immediately at that location and shall take all reasonable steps to secure the preservation of those features. In the event that archaeological resources are discovered during construction, the Contractor shall stop work in the area and report his findings to the City. A cease work order will be issued by the

BUSINESS SERVICES DEPARTMENT Page 7 of 63

City until an archaeologist has cleared the area for additional work. Work can continue in other areas of the project at the direction of the Engineer.

C. Native Plants: The contractor shall comply with all federal, state, and local laws regarding the protection, removal, sale, and transplanting of native plants.

D. OSHA Regulations: The Contractor shall conform to all applicable OSHA regulations during performance of the work and shall hold harmless, indemnify and defend the City, and its employees, officers and agents, against any claims or liability arising from or based on the violation of the U.S.

Occupational Safety and Health Act or any other safety provisions.

E. The Contractor shall provide at the site such equipment and medical facilities as are necessary to supply first-aid service to anyone who may be injured in connection with the work.

F. The Contractor shall promptly report in writing to the Engineer all accidents arising out of or in connection with the performance of the work, whether on or adjacent to the site, which caused death, personal injury or property damages, giving full details and the names and addresses of any witnesses.

If death or serious damages are caused, the accident shall be reported immediately by telephone or messenger to the Engineer.

G. If any claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim.

H. Materials Information: All materials shall be new, unless otherwise specified.

I. Reference Standards: All references to standards, such as AWWA, ANSI, ASME, ASTM, SSPC, and so forth, shall be to the latest applicable revision, unless otherwise noted.

J. Engineer Defined: Where specified in these contract documents, “Engineer” is equivalent to the Tucson Water Representative who is the City Official in responsible charge of the work for the City of Tucson.

K. On-site Storage of Material and Equipment: See Article 4.6.1 of the General Conditions.

L. Tucson Water Shutoff and Notification: If new construction requires water to be shut off to make tie-ins to the existing system, the Contractor shall provide a written schedule, for approval by Tucson Water Inspector, of the proposed connections at least 48 hours prior to the start of such tie-ins. All valve shut-offs are to be accomplished by Tucson Water personnel, and all notifications to the consumers of temporary shut-offs shall be made by the Contractor no less than four hours before water is turned off.

The Contractor is required to provide a 24-hour telephone number at which he can be reached in the event of customer inquiries.

C.4. Permits

Unless otherwise stated, in accordance with Article 4.9 of the General Conditions, the Contractor shall pay for and obtain all permits required to perform the work including the following:

1. Special Water Use Permits:

Prior to commencing work, the Contractor must obtain Water Use Permits for Construction Water.

Tucson Water permits are listed below:

A. Construction Water Permit:

BUSINESS SERVICES DEPARTMENT Page 8 of 63

Non-transferable permit for Contractor to use water from existing water mains at approved locations at the job site through non-metered line tap with approved backflow prevention device. Under this permit, the water may only be used for testing of water lines. The permit must be surrendered upon completion of the work. The cost for the Construction Water Permit is waived for Tucson Water projects.

B. Metered Fire Hydrant Permit:

Non-transferable permit for Contractor to use water from existing fire hydrants at approved locations, through a meter acquired through Tucson Water New Services. Water use under this permit is for general construction for a specific individual job order (project) for purposes such as dust control, site preparation, water jetting of fill material, etc. in accordance with Tucson Water rules and regulations.

The permit fees include a deposit payable to Tucson Water at 310 W. Alameda, Tucson, Arizona 85701.

The deposit is refundable when the meter is returned in good condition at the end of the project.

Additional permit fees include non-refundable installation/relocation fee(s). Contact Tucson Water New Services at (520) 791-3242 to obtain current costs/rates. The Contractor will not be billed for monthly service or usage charges for Tucson Water projects, but the water used must be metered.

This permit becomes invalid when Contractor contacts Tucson Water for removal of the meter from the fire hydrant, or the permit shall expire in six (6) months after issuance. The permit may be renewed provided that all rules and regulations of Tucson Water have been met.

2. City of Tucson Department of Transportation Right-of-Way Permit For Barricade and Excavation: All work within City of Tucson right-of-way shall follow City Engineering standards. Prior to beginning work, the Contractor shall obtain a Right- of-Way permit from the permit section of the City of Tucson Transportation Department, Public Works Building, 201 N. Stone - 4th Floor, Tucson, Arizona 85701.

Contact Info: (520) 791-5100, Email: tdotpermitcenter@tucsonaz.gov

3. Pima County Department of Transportation Right-of-Way Use Permit: All work within the Pima County right-of-way shall follow Pima County Department of Transportation standards. Prior to beginning work, the Contractor shall obtain a Right of Way permit from the permit section of the Development Services Department, Public Works Building, 201 N. Stone - 1st Floor, Tucson, Arizona 85701. Contact Info: (520) 724-9000, Email: ROWPermit@pima.gov

4. Floodplain Use Permit: Prior to beginning work the Contractor is responsible for obtaining permits for work in the 100- year floodplain at the City of Tucson Floodplain Division, 201 North Stone Avenue, First Floor and/or at the Pima County Regional Flood Control District, 97 E. Congress Street, Third Floor.

5. Air Pollution Activity Permit: The Contractor is responsible for obtaining an Air Pollution Activity Permit from Pima County Department of Environmental Quality, 33 North Stone Avenue, Suite 700,

(520) 243-7400 for construction within their jurisdiction.

6. Traffic Control: In accordance with Article 4.6.3 of the General Conditions of Construction, the Contractor shall properly install and maintain all traffic control devices used to barricade, detour, warn, or otherwise guide motorists in construction areas. All traffic control devices shall conform to the Manual of Uniform Traffic Control Devices, (U.S. Department of Transportation, Federal Highway Administration, 1988) with revisions to date including additions by the agencies to permit the safe flow of traffic and as itemized below:

The Contractor shall furnish a copy of the approved traffic control plans and/or documentation to Tucson Water prior to beginning construction.

BUSINESS SERVICES DEPARTMENT Page 9 of 63

The Contractor shall give 48-hour prior notice of construction to all affected public and/or private agencies and businesses which utilize roadways for travel within the construction areas. Public and/or private agencies shall include, but not be limited to, law enforcement, fire protection, bus companies, school districts, postal service, and garbage collection. The Contractor upon request shall furnish written notification.

The Contractor shall give affected property owners two (2) weeks advance notice prior to starting work in easements or alleys through private property.

Existing permanent traffic signs found in conflict with the water construction project shall be relocated and kept in full view of approaching traffic per the approved traffic control plan. Permanent traffic signs shall be maintained and kept free from damage. Permanent traffic signs removed and/or damaged by construction shall be reset or replaced immediately by the Contractor.

Specific requirements for traffic control and work protection, not covered by this section, shall be obtained by the Contractor from the agency in whose jurisdiction the work is located. The cost of Maintenance and Protection of Traffic shall be bid as a lump sum. The cost of Traffic Area Elements shall be paid at the predetermined reimbursement rates. Measurement and payment for traffic control shall be in accordance with these special specifications.

Whenever it is necessary to cross, obstruct, or close driveways and walks, whether public or private, the Contractor shall provide and maintain suitable and safe bridges, detours, or other temporary expedients for the accommodation of public and private travel. The Contractor shall give five (5) days advance notice in writing to homeowners and businesses where work will effect access to driveways, and a copy of said notices shall be provided to the Engineer.

7. Stormwater Permit: All information included in the project drawing sheets for the Stormwater Pollution Prevention Plan (SWPPP) is for reference only. The Contractor is responsible for compliance with all of the applicable provisions of the Arizona Pollutant Discharge Elimination System General Permit for Discharge from Construction Activities to the Waters of the United States (Permit No. AZG2013-001) and for obtaining coverage under the permit, including, but not limited to, the following:

• Preparation, submission, and obtaining acceptance of a Notice of Intent (NOI) to be covered under the general permit;

• Preparation, submission, and implementation, as necessary, of a Stormwater Pollution Prevention Plan (SWPPP) in association with the NOI;

• Compliance with all of the provisions of the approved SWPPP (including any revisions required during construction);

• Preparation and submission of a Notice of Termination (NOT) at the completion of construction and obtaining appropriate acknowledgement from ADEQ; and

• Securing the services of any Arizona registered professional engineer, geologist, or landscape architect required to accomplish the above.

The Contractor shall furnish a copy of the NOI, including the approved SWPPP and all associated documents, to the Owner prior to beginning construction, and the Contractor shall furnish copies of any revisions during construction. Submission of the NOT to ADEQ, and appropriate acknowledgement from ADEQ, will be a condition of final acceptance for the project.

BUSINESS SERVICES DEPARTMENT Page 10 of 63

In addition, the Contractor is responsible for compliance with all requirements from the Agency in whose jurisdiction the work is located for control of sediment transport from the construction site.

Unless otherwise indicated in the project RFP, all costs associated with the preparation, submittal, implementation, execution, and termination of the stormwater pollution prevention activities shall be incidental to the cost of the other work in the contract and the Contractor shall bear all associated costs.

If the Owner suffers damages including, but not limited to, fines as a result of the Contractor failing to obtain the appropriate permits or comply with the requirements thereof, the Contractor shall reimburse the Owner for such damages and the Owner may withhold amounts equal to the damages from the Contractor’s payments.

8. Pima County Regional Wastewater Reclamation Department (PCRWRD): All activities relating to the abandonment, relocation, repair, replacement, or modification of existing sanitary sewage facilities require a project construction permit which is to be paid and obtained by the Contractor from PCRWRD at least three (3) working days prior to commencing work involving sewers. PCRWRD shall accomplish inspection of public sanitary sewer facilities. The Contractor shall certify in writing that all sewer work has been done in accordance with PCRWRD requirements.

The Contractor shall coordinate and perform all sewer-crossing excavation, removal, and ductile iron pipe replacement in accordance with PCRWRD Design Standards 2016 and the Standard Specifications and Details for Construction 2016 and Tucson Water (SD-106) standards.

The Contractor shall provide uninterrupted service to all parties tributary to an existing active sanitary sewer. Modification to or adjustment of existing Pima County sewer facilities shall not commence until:

(a) the Contractor has obtained a PCRWRD public sewer construction permit (contact the PCRWRD permits section at (520) 724-6649 for permit application requirements); (b) the Contractor’s flow management plan has been submitted thirty (30) calendar days prior to the pre-construction meeting and approved by PCRWRD field engineering; and (c) a pre-construction meeting with the assigned Pima County project Field Inspector is scheduled at least three (3) full business days prior to commencing with sewer construction.

C.5. Community Relations

The Contractor shall attend and participate, with the Engineer and Tucson Water Public Information Office representative, in a neighborhood meeting prior to the start of construction. The Contractor shall establish and maintain communications with concerned residents or business in the project area and inform them of construction progress and schedules as requested. The Contractor shall work with the Engineer, Inspector, and other regulatory agencies to resolve public concerns.

The Contractor shall attend any other meeting or committees set for the purpose of coordinating construction activities or resolving public concerns. Such meetings may include, but are not limited to neighborhood meetings, traffic safety meetings, local business meetings, and official City meetings.

BUSINESS SERVICES DEPARTMENT Page 11 of 63

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 facsimile, at least five 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/portal/tucson-az/projects/24168?section=190896

BUSINESS SERVICES DEPARTMENT Page 12 of 63 writing. Offerors are encouraged to submit written questions via electronic mail, at least five days prior to the submittal due date. Any correspondence related to a solicitation should refer to the appropriate Request for Qualifications number, page and paragraph number. Oral interpretations or clarifications will be without legal effect. Only questions answered by a formal written addendum to the Request for Qualifications will be binding.

D.4. ADDENDUM OF REQUEST FOR QUALIFICATIONS:

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

D.5. FAMILIARIZATION OF SCOPE OF WORK:

Before submitting a statement of qualifications, each Offeror shall familiarize itself with the Scope of Work, laws, regulations and other factors affecting contract performance. The Offeror shall be responsible for fully understanding the requirements of the subsequent Contract and otherwise satisfy itself as to the expense and difficulties accompanying the fulfillment of contract requirements. The submission of a statement of qualifications will constitute a representation of compliance by the Offeror. There will be no subsequent financial adjustment, other than that provided by the subsequent Contract, for lack of such familiarization.

D.6. PREPARATION OF STATEMENT OF QUALIFICATIONS:

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

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

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

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

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

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

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

BUSINESS SERVICES DEPARTMENT Page 13 of 63

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.

BUSINESS SERVICES DEPARTMENT Page 14 of 63

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 negotiate successfully with the next ranked Offeror, the City shall cease negotiations with that Offeror https://procurement.opengov.com/portal/tucson-az

BUSINESS SERVICES DEPARTMENT Page 15 of 63 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.

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

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/contracts upon issuance of a Notice of Intent to Award or upon final contract execution.

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

BUSINESS SERVICES DEPARTMENT Page 16 of 63

D.23. PROTESTS:

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

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

B. The signature of the protestant or its representative;

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

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

E. The form of relief requested.

D.24. EVALUATION PROCESS OVERVIEW:

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

D.25. REQUEST FOR QUALIFICATION

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

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

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

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

BUSINESS SERVICES DEPARTMENT Page 17 of 63 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.

BUSINESS SERVICES DEPARTMENT Page 18 of 63

E. SELECTION PROCESS

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

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

E.2. STATEMENT OF QUALIFICATIONS (SOQ)

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

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

A. Cover Letter

B. Statement of Qualification in response to the Evaluation Criteria

C. Signed Offer Page

D. Acknowledgement of any and all RFQ Addenda

E.3. COVER LETTER

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

E.4. EVALUATION CRITERIA :

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

A. Qualifications and Experience of the Firm – 40%

B. Qualifications and Experience of the Team – 35%

C. Method of Approach and Available Resources to Complete the Work – 20%

D. Subcontractor Selection Plan – 5%

BUSINESS SERVICES DEPARTMENT Page 19 of 63

E.5. OFFER PAGE

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

E.6. ACKNOWLEDGEMENT OF ANY AND ALL RFQ ADDENDA

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

E.7. GENERAL

A. Additional Investigations:

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

B. Prior Experience:

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

https://secure.procurenow.com/portal/tucson-az/projects/24168?section=190892

BUSINESS SERVICES DEPARTMENT Page 20 of 63

F. SPECIAL TERMS AND CONDITIONS

F.1. City of Tucson Construction Services Agreement

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

F.2. Basis for Awarding Individual Job Orders

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

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

F.3. Contract Term and Renewal

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

F.4. Price Adjustment

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

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

F.5. Compensation and Method of Payment

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

BUSINESS SERVICES DEPARTMENT Page 21 of 63

Compensation under this contract should not exceed two million and five-hundred thousand dollars ($2,500,000) 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 Procurement Director. 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.

BUSINESS SERVICES DEPARTMENT Page 22 of 63

A signed offer in response to this RFQ…