JOC_for_Traffic_Signal_&_Street_Light_Construction.pdf

CITY OF TUCSON

REQUEST FOR QUALIFICATIONS

230137

JOC FOR TRAFFIC SIGNAL & STREET LIGHT CONSTRUCTION

Due Date: Thursday, August 3, 2023

City of Tucson

255 W Alameda St

Tucson, AZ 85701

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

Public Portal https://secure.procurenow.com/portal/tucson-az/projects/40445

PUBLISH DATE: July 13, 2023 https://secure.procurenow.com/portal/%7Bproject.government.code%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D

CITY OF TUCSON REQUEST FOR QUALIFICATIONS NO. 230137

BUSINESS SERVICES DEPARTMENT Page 2 of 67 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Maritza Felix

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-4107

Attachments:

A - OFFER AND ACCEPTANCE.RFQ

B - SBE Provisions C - DBE Program Provisions F - HUD Terms and Conditions

BUSINESS SERVICES DEPARTMENT Page 3 of 67

A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR QUALIFICATIONS NO 230137

JOC for Traffic Signal & Street Light Construction

The City of Tucson is conducting a competitive One-Step Process, pursuant to ARS Title 34, to retain approximately four (4) contractors for a Job Order Contract (JOC) to provide JOC for Traffic Signal & Street Light Construction. Individual job orders should not exceed five hundred thousand dollars ($500,000) and the estimated budget for the first year is one million dollars ($1,000,000) . 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, August 3, 2023 AT 2:00 P.M. LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE: Monday, July 24, 2023

TIME: 11:00 am LOCAL AZ TIME

LOCATION: Virtual Teams Meeting https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTViOGFiNDgtNTU5OC00ZTdjLThhYjctNzgxZWJkOTUzMDJk%40thread.v2/0?

context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d Call in #: 1-213-293-2303 Conference ID#: 278 176 842 049

QUESTIONS SHALL BE DIRECTED TO: Maritza Felix

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

Publication Dates: Thursday, July 13, 2023 & Thursday, July 20, 2023

Posted Date: Thursday, July 13, 2023

BUSINESS SERVICES DEPARTMENT Page 4 of 67

B. INTRODUCTION

B.1. Summary

Notice is hereby given that the City of Tucson (COT) is conducting a competitive ONE (1)-STEP process to retain up to FOUR (4) Contractors for a Job Order Contract (JOC) to provide traffic signal and street light construction, maintenance and repair services on an “as-needed” basis for the City of Tucson.

B.2. Contact Information

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

Transportation & Mobility

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

BUSINESS SERVICES DEPARTMENT Page 5 of 67

Posted Date July 13, 2023

Pre-Submittal Conference (Non- Mandatory)

July 24, 2023, 11:00am Virtual Teams Meeting https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTViOGFiNDgtNTU 5OC00ZTdjLThhYjctNzgxZWJkOTUzM DJk%40thread.v2/0?context=%7b%22Ti d%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a %229236485a-e235-4796-b69f- 4eec05422ed4%22%7d

Call in #: 1-213-293-2303 Conference ID#: 278 176 842 049

Question Submission Deadline July 28, 2023, 3:00pm

Submittal Due Date August 3, 2023, 2:00pm https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTViOGFiNDgtNTU5OC00ZTdjLThhYjctNzgxZWJkOTUzMDJk%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTViOGFiNDgtNTU5OC00ZTdjLThhYjctNzgxZWJkOTUzMDJk%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTViOGFiNDgtNTU5OC00ZTdjLThhYjctNzgxZWJkOTUzMDJk%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTViOGFiNDgtNTU5OC00ZTdjLThhYjctNzgxZWJkOTUzMDJk%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTViOGFiNDgtNTU5OC00ZTdjLThhYjctNzgxZWJkOTUzMDJk%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTViOGFiNDgtNTU5OC00ZTdjLThhYjctNzgxZWJkOTUzMDJk%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTViOGFiNDgtNTU5OC00ZTdjLThhYjctNzgxZWJkOTUzMDJk%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTViOGFiNDgtNTU5OC00ZTdjLThhYjctNzgxZWJkOTUzMDJk%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTViOGFiNDgtNTU5OC00ZTdjLThhYjctNzgxZWJkOTUzMDJk%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d

BUSINESS SERVICES DEPARTMENT Page 6 of 67

C. SCOPE OF WORK

C.1. Introduction

Notice is hereby given that the City of Tucson, hereinafter referred to as "COT", is conducting a competitive ONE-STEP process to retain up to FOUR (4) Contractors to provide traffic signal and street light construction, maintenance and repair services in accordance with Sec. 34-603 of the Arizona Revised Statues for the City’s Transportation Department. Individual job orders should not exceed five hundred thousand dollars ($500,000) unless a waiver is requested of and granted by the Procurement Authority. The estimated budget for the initial one-year term is one million ($1,000,000) dollars. The term of this contract will be ONE (1) year with FOUR (4) potential one-year renewal options. However, services will be requested on an as-needed, if-needed basis and the resultant contract is neither exclusive nor a commitment or guarantee by the City of Tucson that the Contractor’s services will be required

Regional Transportation Authority (RTA) and HUD funding may be utilized on specific projects under the Contract. Should HUD funding be utilized the terms and conditions and Appendix D will apply and the appropriate prevailing Davis Bacon wage determination will be required.

C.2. Contractor Employee Experience and Qualifications

A. The City places significant emphasis on the qualifications and experience of the firms we contract with and the individual employees performing services under our contracts in order to protect our citizens and ensure safe access to public spaces. Therefore, the City is requesting that all offerors assign only the most highly trained and qualified individuals to work on City projects involving Traffic signal and Street lighting systems.

B. Offerors must provide a complete listing of the firm’s key personnel that will be directly involved in performing services under this contract. In addition, the offeror must provide a resume for these identified personnel that includes any professional certifications, education, formal training, licenses and certifications held and applicable experience. Documentation of apprenticeship program completion by specific employees should be included and is encouraged. The qualifications of the firm and the individuals will be evaluated as part of the contractor selection process. Once identified and accepted as key personnel, any substitutions or replacements of individuals will be subject to the prior City contract approval requirements.

C. Contractor shall possess and maintain a valid Arizona A-17 Electrical and Transmission lines license.

C.3. Job Order Contracting Background

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

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

C.4. Maintenance of Project Site

The Contractor shall backfill all trenches within twenty-four (24) hours of excavation. The Contractor shall pour all foundations within 24 hours of excavation for foundation.

All existing improvements disturbed by the Contractor shall be repaired or replaced. The cost of such repair and replacement shall be incidental to the bid items necessitating such disturbance. It is the responsibility of the Contractor to become thoroughly familiar with all visible features of the site before preparing their proposal. Repair and replacement of existing improvements shall be incidental for any improvements shown on the plans and for any improvements which were physically in place at the time of the advertisement for bids.

Existing improvements to be repaired or replaced by the Contractor include, but are not limited to, paved parking areas; decomposed granite, landscape rock, and plastic sheeting; private irrigation systems; sidewalks; curbs; and survey markers denoting property corners.

The Contractor shall employ a Registered Land Surveyor to locate and (if necessary) replace all existing property corners, which may be disturbed by any part of the construction work. The cost of such service shall be incidental to the bid items necessitating such disturbance.

New Construction Substantial Completion: is added:

The project is substantially complete and liquidated damages will no longer be assessed when all of the following have occurred:

A. All original bid items of work have been completed and accepted and pedestrian and vehicular traffic can move unimpeded through the project;

B. The only work left for completion is incidental, causes no disruption to pedestrian and vehicular traffic, and does not affect the safety and convenience of the public;

C. The decision whether the project is substantially complete is within the sole discretion of the City Representative.

C.5. Nightwork on New Construction

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

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C.6. Technical Specifications- Description of Services

Construction services performed under this contract may include the following, however, the scope of work will vary with each individual job order:

A. Video Detector Installation; Contractor will be required to install video detectors as specified:

o Contractor will be required to install video detectors, as specified on the project plans and the Agency's standard drawings or standard details, and as directed by the Engineer.

o Video detection system will be measured as completed installed video detection system, which includes the installation of all mountings, cameras, hardware, software, and any associated material required for a complete and operational system. Agency shall supply complete system unless otherwise stated on the plans or special provisions.

o Payment for video detection system measured as described above shall be paid for at the contract unit price, for each completed intersection after aiming of the cameras is complete, which will be full compensation for the work as specified.

B. Salvage or Scrapped Materials o At the discretion of the Electric Shop, contractor will be required to take existing material and equipment from the field and deliver to the City of Tucson Electric Shop or a specified yard. Salvage of units shall be dismantled from any mounts includes all related attached traffic signal, street light, sign and equipment. Contractor shall be required to notify City staff two (2) full working days in advance to make an appointment to deliver salvaged materials and/or equipment. Scraped poles/mast arms shall be delivered to city designated scrape metal vendor.

C. Removal & Relocation of Existing Traffic Signal & Street Lighting Projects o Contractor will be required to remove, replace, and relocate existing traffic signal and street lighting poles, mast arms, signals, street light fixtures, cabinets and all associated equipment.

D. Painting of Existing Traffic Signals & Street Lights o Contractor may be required to paint all traffic signal and street lighting poles including traffic signals, frame works, backplates, visors, heads, mast arms, and pedestrian push-button frames.

E. Trench & Utility Exposure o Contractor will be required to perform trenching and potholes, pavement patching as this section is incidental to foundations and conduit installation which includes all saw cutting, concrete work, asphalt/paving, compaction, aggregate base course, and sealcoat.

o Contractor will be required to perform associated work, which includes erection of poles , installation of mast arms in close proximity to electrical distribution and transmission lines as required.

BUSINESS SERVICES DEPARTMENT Page 9 of 67

C.7. Technical Specifications- Materials

The contractor shall be responsible for supplying all incidental equipment and/or material, including but not limited to:

• Conduit couplings and connectors

• Hubs

• Unions

• Expansion Joints

• Screws

• One or two hole straps

• Stand Off

• Uni-strut rails and related hardware

• Insulated bushing

• Grounding bushings

• Lock nuts

• Ells and Pulling ells

• Condulets

In addition, the contractor shall supply all incidental pole line hardware for wood or steel pole installation, signal mounting assemblies, traffic signal mast arms, street lighting mast arms, steel messenger cable, tether cable, down guy assembly, and sidewalk guy assembly, such as, but not necessarily limited to; steel or wood pole clamps, eye-bolts, two inches by two inches (2" X 2") square washers, cable rings, tie wraps, lag screws, through bolts, guy hooks, guy wire guards, 3 bolt clamps, strain insulators, and dead end clevises, etc.

For the purposes of this contract, contractor supplied signals (red, yellow, green), arrows, and Man/ Hand countdown pedestrian signals shall be LED.

Contractor shall be required to have on-hand, barricading cones, safety fencing, and type II barricades for each project. Road and Lane closures and point control special channelization will be reimbursed by the City.

Contractor supplied equipment on New Construction:

Once the contract has been awarded and signed, the Contractor shall be issued a Notice to Proceed.

This will begin Phase 1 of the Individual Job Order and will allow the Contractor to proceed with ordering all long lead items, including but not limited to: poles, mast arms, traffic signal heads, luminaries, and associated appurtenances. The Contractor will have Sixty (60) consecutive calendar days in which to order and receive shipment of the equipment related to the new traffic signal and street lighting system.

During this 60-day period, no construction activities will be allowed unless otherwise directed by the City Representative. Upon ordering the aforementioned equipment, the Contractor shall provide written documentation showing that the equipment was ordered and the anticipated delivery date.

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Upon receipt of the equipment, the contractor shall notify the City Representative. The delivery of the equipment will serve as the start of Phase 2 of the Individual Job Order. The contractor shall complete the work described in the Individual Job Order within the time frame specified in accordance with Standard Specification of 108-2 Start of Work and 105-17 Acceptance.

As needed the City may Supply Material Listed below:

The City may supply to the Contractor, at no charge, the following items for the Contractor to assemble and transport to the job site and install:

• Anchor bolts with all necessary nuts and washers only

• Wood poles and mast arms for wood poles

• Steel, Concrete, and 5-globe historical poles complete with anchor bolts, washers and nuts for anchor bolts, mast arms, bolts, and hardware for attaching mast arms to steel or concrete shafts (only), pole tops, and hand hole covers.

• Pedestrian button posts with top cap and anchor bolts with nuts and washers.

• Wired traffic signal controller cabinets and all electronic equipment with anchor bolts, nuts, and washers.

• Wired, type I street lighting cabinets, type II load centers, and type I pedestal base cabinets and all electrical equipment with anchor bolts, nuts, and washers.

• Controller unit (installed by City) City Supplied Material List.

• Photocells with mounting brackets or pole caps.

• Service pedestals with bases, metered and/or un-metered, meter bases.

• Service disconnect boxes.

• In-line street light fuse holders.

• Traffic signal heads with visors and backplates unassembled. In areas where the signal head is supplied with the mounting assemblies attached i.e., “F” head with type ll mount no payment for type II installation.

• Traffic signal and pedestrian signal mounting assemblies. Traffic signal and pedestrian signal mounting assemblies supplied by the City. All traffic signal and mounting assemblies shall be put together by the contractor.

• Pedestrian signals, Pedestrian button frames, and placards.

• Preempt sensors, beacons, warning sirens, and flashing beacons.

• Street light luminaires and Traffic Signal.

• Vehicle Detection Systems.

The Contractor’s installation shall include all other necessary material and hardware to install foundations of the required dimensions, including but not limited to, PVC conduit, concrete, rebar, shoring, forms, etc.

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City supplied steel and concrete poles may include signals, when required, bolt covers, nuts, bolts, washers, anchor bolts, pole top, mast arms and hand hole covers. Contractor is to assemble signals and install the poles.

C.8. Technical Specifications- Standard Details for Services

All work under this Contract shall be performed in accordance to the latest edition of the Pima Association of Governments (PAG) Standard Specifications and Details, except as identified by the Project Manager on a case by case basis. The Contractor will be expected to perform work in accordance with all local, state, and national guidelines and standards.

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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/40445?section=330000

BUSINESS SERVICES DEPARTMENT Page 13 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, signed copies of any solicitation addenda and your response to all evaluation criteria.

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

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

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

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

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

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D.7. SUBMITTAL FORMAT:

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

D.8. EXCEPTIONS TO CONTRACT PROVISIONS:

A response to any Request for Qualifications is an offer to contract with the City based upon the contract provisions contained in the City's Request for Qualifications, including but not limited to, the specifications, scope of services and any terms and conditions. Offerors who wish to propose modifications to the contract provisions must clearly identify the proposed deviations and any proposed substitute language in their submittal. However, the provisions of the Request for Qualifications cannot be modified without the express written approval of the Director or his designee.

Proposed modifications or exception to the indemnification language herein shall not be considered. If an offer is returned with modifications to the contract provisions that are not expressly approved in writing by the Director or his designee, the contract provisions contained in the City’s Request for Qualifications shall prevail.

D.9. PUBLIC RECORD:

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

D.10. CONFIDENTIAL INFORMATION:

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

D.11. CERTIFICATION:

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

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

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

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

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

D.12. WHERE TO SUBMIT STATEMENT OF QUALIFICAITONS:

In order to be considered, Offeror must, no later than the Offer Submittal Deadline, submit its Offer electronically through the City’s online bidding system, https://procurement.opengov.com/portalucson-az.

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

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

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

DEADLINE WILL NOT BE CONSIDERED.

D.13. LATE SUBMITTALS:

Late submittals will be rejected.

D.14. OFFER PERIOD:

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

D.15. OFFER & EXECUTION

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

D.16. WITHDRAWAL OF SUBMITTAL:

At any time prior to the specified solicitation due date and time, an offeror may formally withdraw the submittal by a written letter, facsimile or electronic mail from the Offeror or a designated representative. Telephonic or oral withdrawals shall not be considered.

D.17. CONTRACT NEGOTIATIONS:

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

BUSINESS SERVICES DEPARTMENT Page 16 of 67 and either begin negotiations with the third ranked Offeror or may choose to cancel the solicitation in its entirety. Award shall be made to the Offeror whose submittal and subsequent negotiation is most advantageous to the City

D.18. VENDOR APPLICATION:

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

D.19. CITY OF TUCSON BUSINESS LICENSE:

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

D.20. UPON NOTICE OF INTENT TO AWARD:

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

D.21. AWARD OF CONTRACT:

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

A. waive any immaterial defect or informality; or

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

C. reissue the Request for Qualifications.

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

D.22. SUBMITTAL RESULTS:

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

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

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D.23. PROTESTS:

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

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

B. The signature of the protestant or its representative;

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

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

E. The form of relief requested.

D.24. EVALUATION PROCESS OVERVIEW:

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

D.25. REQUEST FOR QUALIFICATION

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

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

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

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

BUSINESS SERVICES DEPARTMENT Page 18 of 67 person or firm considered to be the most qualified at compensation and other contract terms the City determines to be fair and reasonable, the City shall formally terminate negotiations with that person or firm. The City may undertake negotiations with the next most qualified person or firm in sequence until an agreement is reached or a determination is made to reject all persons or firms on the short list. If a contract for construction services is entered into pursuant to this subsection, construction shall not commence until the City and contractor agree in writing on a fixed price or a guaranteed maximum price for the construction to be commenced.

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

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E. SELECTION PROCESS

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

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

E.2. STATEMENT OF QUALIFICATIONS (SOQ)

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

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

A. Cover Letter

B. Statement of Qualification in response to the Evaluation Criteria

C. Signed Offer Page

D. Acknowledgement of any and all RFQ Addenda

E.3. COVER LETTER

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

E.4. EVALUATION CRITERIA :

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

A. Qualifications and Experience of the Firm/Team- 40%

B. Method of Approach- 30%

C. Firm Resources and Experience on Similar Projects- 20%

D. Subcontractor Selection Plan- 10%

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E.5. OFFER PAGE

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

E.6. ACKNOWLEDGEMENT OF ANY AND ALL RFQ ADDENDA

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

E.7. GENERAL

A. Additional Investigations:

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

B. Prior Experience:

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

https://secure.procurenow.com/portalucson-az/projects/40445?section=329996

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F. SPECIAL TERMS AND CONDITIONS

F.1. City of Tucson Construction Services Agreement

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

F.2. Basis for Awarding Individual Job Orders

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

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

F.3. Contract Term and Renewal

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

F.4. Price Adjustment

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

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

F.5. Compensation and Method of Payment

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

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

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

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

F.6. Bonding Requirements

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

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

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

The Job Order Contractor shall be required to comply with SBE Program requirements, if goals are applicable, on projects that meet or exceed the Formal Solicitation Threshold established by the Tucson Procurement Code, currently at one hundred thousand dollars ($100,000). Program requirements are codified in Chapter 28, Article XIII of the Tucson Procurement Code. The Job Order Contractor shall submit to the Department of Procurement, Business Enterprise & Compliance Program via the city’s Project Manager, after the project proposal phase, either a completed offeror’s statement of proposed SBE Participation Plan or an Affidavit of Good Faith Efforts indicating whether the request is for a full or partial waiver.

The SBE Plan must include:

A. The name of the SBE subcontractors/suppliers;

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

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

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

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

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

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

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

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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.