On-Call_Environmental_Remediation_and_Investigation_Services_(Addendum_#2_Revision).pdf

CITY OF TUCSON

REQUEST FOR QUALIFICATIONS

222982

ON-CALL ENVIRONMENTAL REMEDIATION AND INVESTIGATION

SERVICES

Due Date: Tuesday, June 14, 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/19617

PUBLISH DATE: May 13, 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. 222982

BUSINESS SERVICES DEPARTMENT Page 2 of 38 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Emily Clark

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-4129

Attachments:

A - OFFER AND ACCEPTANCE

B - SBE PROGRAM PROVISIONS

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A. NOTICE OF REQUEST FOR QUALIFICATIONS

A.1. City of Tucson

NOTICE OF REQUEST FOR QUALIFICATIONS NO. 222982

ON CALL PROFESSIONAL SERVICES FOR ENVIRONMENTAL REMEDIATION AND

INVESTIGATION

Notice is hereby given that the City of Tucson, hereinafter referred to as "COT" or the "City", is conducting a competitive one-step process to retain up to nine (9) firms to provide on-call professional services for environmental remediation and investigation. The City is seeking firms (hereinafter referred to as “Consultants”) to provide consultant services in the form of a multi-disciplinary team. The estimated annual budget for this project is three-hundred fifty thousand dollars ($350,000). Individual projects are not to exceed two-hundred thousand dollars ($200,000); however, typical projects are under one-hundred fifty thousand dollars ($150,000). 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 Consultant's services will be required.

COT invites interested firms to submit written Statements of Qualifications (SOQs) relating to this solicitation. A Screening Committee will evaluate firms’ qualifications and experience with similar projects. The firm(s) determined to be best qualified will then be invited to enter into negotiations with COT for billing rates under the contract. (Selection Plan: up to nine firms will be selected.)

Questions must be addressed to the Contract Officer listed below.

SUBMITTAL DUE DATE: Tuesday, June 14, 2022 AT 2:00 pm LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE: Wednesday, May 25, 2022

TIME: 10:30 am

LOCATION: Microsoft Teams Virtual Meeting (Join Meeting)

Or call in (audio only): +1 213-293-2303, Phone Conference ID: 575 489 582#

QUESTIONS SHALL BE DIRECTED TO: Emily Clark

PHONE NUMBER: (520) 837-4129

EMAIL ADDRESS: emily.clark@tucsonaz.gov

Publication Dates: Friday, May 13, 2022 and Friday, May 20, 2022 published in The Daily Territorial https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmRiYTE5MTgtNmQyYS00MmYwLWExMGUtNzBiYzk3NTkyNjFh%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22652e9589-6721-4fcc-9850-5df86435b5d0%22%7d

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B. INTRODUCTION

B.1. Summary

The City of Tucson (COT) is conducting a competitive one-step process to retain up to nine (9) Consultants to provide on-call professional services for Environmental Remediation and Investigation Services primarily for the Environmental & General Services Department (EGSD).

The COT EGSD is responsible for soil and groundwater investigation and remediation, brownfield investigation and project implementation, and environmental permitting and compliance at various City properties. EGSD currently manages environmental and brownfield projects in various stages of completion. Remediation projects include monitoring and sampling at 16 City-owned landfills, two pump and treat groundwater remediation systems and two Leaking Underground Storage Tank (LUST) site cleanups. EGSD also operates an active municipal solid waste landfill. Environmental compliance and permitting includes environmental assessments, air quality, water quality and solid waste permitting and operations plans, landfill and remediation system compliance reporting and stormwater compliance. EGSD seeks qualified Consultants to work on the projects in the following categories: Site Investigation, Compliance, Engineering, and Operations Support. EGSD encourages innovative methods and approaches that result in cost-effective solutions.

B.2. Contact Information

Emily Clark Contract Officer 255 W. Alameda 6th Floor West Tucson, AZ 85701 Email: emily.clark@tucsonaz.gov Phone: (520) 837-4129 Department:

EGSD

mailto:emily.clark@tucsonaz.gov tel:(520)837-4129

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C. SCOPE OF WORK

C.1. Site Investigation

Projects performed under this category may include, but not be limited to, the following:

A. Site Characterization Tasks include the development of a site characterization and assessment approach, vadose zone and groundwater investigations, groundwater sampling, soil borings/sampling and geophysical explorations. Other tasks may include the evaluation of chemical and water level data, hydrogeological studies, and preparation of reports including Phase I and Phase II Environmental Site Assessments, Periodic Site Status Reports for LUST and Arizona Water Quality Assurance Revolving Fund (WQARF) sites, Wastewater Self Monitoring Report Forms, and Underground Storage Tank Closure Reports.

B. Remedial Investigations Tasks include detailed site assessments, preparation of submittals to the Arizona Department of Environmental Quality (ADEQ) and/or the United States Environmental Protection Agency (USEPA) using ADEQ, USEPA and COT guidelines. It may include the preparation of Arizona Department of Water Resources (ADWR) well Notices of Intent (NOI’s), permits and geologist oversight of groundwater and soil vapor monitoring well installations and abandonments under the EGSD On-Call Well Drilling Contract and performance of aquifer and vadose zone tests to determine subsurface fluid flow characteristics.

C. Feasibility Studies Tasks include the identification of alternatives for soil, soil vapor and groundwater remediation and evaluation of these alternatives for cost effectiveness, reliability, implementability and technical performance. The majority of these studies will be conducted in compliance with WQARF criteria, including a Remedial Objectives section. This task includes additional field studies to determine the best remedial approach.

D. Corrective Action Plans Tasks include the preparation of detailed plans to implement a remedial strategy to comply with state and federal regulations.

E. Pilot Projects Tasks include the development of a field pilot project or laboratory study to test information obtained under other categories of this contract or data obtained from previous studies.

F. Community Involvement City environmental projects may require significant community involvement. The City will take the lead for the community involvement program and the Consultant will provide support as needed. Tasks may include assistance at public workshops, open houses, and public meetings. Other tasks may include preparation of newsletters, progress reports, graphics and other information as needed.

C.2. Operations Support

Projects performed under this category may include, but not be limited to, the following:

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A. Site Remediation

Tasks may include assistance with the operation of a remedial system to meet the project’s regulatory goals and City needs. Remediation may include techniques for soil or groundwater treatment such as enhanced bioremediation, soil vapor extraction, groundwater pump and treat, in-situ chemical oxidation, circulation wells, air stripping, granular activated carbon adsorption, monitored natural attenuation, contamination mobility studies, and other remedial technologies.

B. System Monitoring Tasks may include the preparation of a detailed Performance Monitoring Plan for an existing or new remediation system including Quality Assurance/Quality Control and sampling protocols.

Tasks may include preparation and/or updating operations plans for new or existing systems.

Monitoring may include sampling groundwater wells, soil vapor wells, and other components of remedial systems to determine effectiveness of the system and/or compliance with local, state, and federal regulations.

C. Permitting Tasks may include assistance in the preparation of new permit applications, permit renewal applications, and existing permit modification applications for federal, state, and local agencies, including APP, groundwater withdrawal permit, poor water quality permit, Pima County air quality operating permit, Arizona Pollution Discharge Elimination System (AZPDES) permit, or other site specific or general permits needed for categories under this contract.

D. Community Involvement City projects may require significant community involvement. The City will take the lead for the community involvement program and the Consultant will provide support as needed. Tasks may include assistance at public workshops, open houses, and public meetings. Tasks may include preparation of newsletters, progress reports, graphics, and other materials.

C.3. Compliance

Projects for environmental compliance and permitting are for City facilities that range from fishing lakes to landfills. This contract may include, but not be limited to, assistance in the following regulatory compliance areas:

A. Air Quality Tasks may include investigation and air permits for greenhouse gas, landfill gas, hydrocarbon combustion and dust. Permitting agencies include the ADEQ, the Pima County Department of Environmental Quality (PDEQ) and the USEPA. Tasks may include asbestos renovation/demolition assessment and abatement services; your firm must be certified by the USEPA to perform these activities.

B. Lead-Based Paint Tasks may include lead-based paint assessment and abatement services; your firm must be certified by the EPA to perform these activities.

C. Industrial Wastewater Tasks may include monitoring and permitting for artificial fishing lakes in the Tucson Metro area, discharge monitoring, reporting, and permitting for maintenance areas and sampling and permitting for new sources.

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D. Arizona Pollution Discharge Elimination System

Tasks include monitoring and reporting for current permits and applications for new sources and updates to Stormwater Pollution Prevention Plans (SWPPP) as needed.

E. Aquifer Protection Permits Tasks include monitoring and reporting for existing permits and applications for new permits, as needed.

F. Spill Prevention and Stormwater Tasks for spill prevention include monitoring and plan development, report writing and compliance and maintenance for existing or new permits.

G. Other Tasks, As Needed Tasks under this item include environmental audits to identify existing and potential non-compliance issues or budgetary impacts for the City, interpretations of proposed rules and assisting with comments regarding the proposed rules, tracking regulatory developments, attending stakeholder meetings on behalf of the City of Tucson, determining the applicability of specific federal, state and local regulations, recommending innovative corrective actions to achieve compliance, aiding in scoping out budgetary impacts of new regulations to assist in the preparation of annual budgets and assisting with maintaining the City’s permits.

C.4. Engineering

A. Design Development of engineering designs based on feasibility studies, environmental assessments, remedial investigations and corrective action plans. Tasks may include preparation of plans and specifications suitable for construction bidding purposes. These plans may require structural, electrical, mechanical, geotechnical or civil engineering professional certification to obtain permits.

B. Permitting Tasks may include assistance in processing plans, specifications and or permit applications through City Planning and Development Services Department or other federal, state, county, or local agencies for permit approval.

C. Construction Monitoring Development of Construction Quality Assurance (CQA) plans and provide observation of construction and quality assurance to ensure projects are completed on time and in conformance with project design documents.

C.5. Special Considerations

A. Consultants must have personal protective equipment (PPE) necessary to accomplish common tasks associated with this contract. All Consultant staff working on City sites must be trained and have current certifications in compliance with OSHA 29 CFR 1910.120(e). The PPE must be included as part of overhead and not billable to individual projects. Should the Consultant wish to request reimbursement for special tools or equipment for a project, all costs must be detailed in the cost proposal for that task. At the time of award, the Consultant must provide a cost schedule containing tools and supplies that might be utilized during the contract.

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The Consultant must utilize the rates included in this cost schedule when preparing cost proposals for individual tasks.

B. Consultants must submit editable electronic copies of all reports, tables, figures, and drawings on a CD or uploaded to a shared drive at the end of the project. Electronic files must be compatible with Microsoft Office 97, AutoCAD 2004, or ArcGIS. Adobe Acrobat files will only be acceptable for draft submittals and when accompanied by an editable (non-Adobe) version of the file. Submission of these hard and electronic files will be required prior to final payment.

C. Consultants must utilize field reporting forms to be provided by EGSD when performing field-related tasks. Submission of these completed forms will be required prior to final payment.

D. All work performed under this contract must conform to regulatory and site-specific requirements. Site-specific requirements may be included in a facility plan, or site permits such as an APP, groundwater withdrawal permit, poor water quality permit, Pima County Air Quality Operating Permit, or AZPDES permit.

E. The qualifications of key team members identified in this submittal will be a factor in the successful selection of a Consultant for this contract. As such, the Consultant must utilize these identified personnel to perform individual projects associated with this contract. The use of personnel other than those identified in this submittal will not be permitted without the written approval of the City’s Project Manager. Personnel who will participate in any individual project must be identified in the proposal for that specific project.

F. Project schedules will be agreed upon prior to issuance of notice-to-proceed (NTP) for each individual project.

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D. INSTRUCTIONS 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: The City of Tucson, Arizona

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

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 amendments 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 on the cover page of this document. 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 amendment to the Request for Qualifications. Oral statements or instructions will not constitute an amendment to this Request for Qualifications.

D.3. INQUIRIES

Any question related to the Request for Qualifications shall be directed to the Contract Officer. 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 writing. Offerors are encouraged

BUSINESS SERVICES DEPARTMENT Page 10 of 38 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 and paragraph number. Oral interpretations or clarifications will be without legal effect. Only questions answered by a formal written amendment 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 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 qualifications should include the signed Offer form 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 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 Qualifications 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 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 exceptions 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 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.

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.

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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 QUALIFICATIONS

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://secure.procurenow.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. 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.16. CONTRACT NEGOTIATIONS

At the completion of the evaluation process, the City may enter into negotiations with the top ranked Offeror(s) 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(s), the City shall cease negotiations with that Offeror(s) 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 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(s) whose submittal and subsequent negotiation is most advantageous to the City

D.17. 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 the Vendor tab. Please note that email notifications of newly published solicitations and amendments will be provided to those vendors that select email as their preferred delivery method in their vendor record.

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D.18. 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.19. UPON NOTICE OF INTENT TO AWARD

The apparent successful Offeror(s) 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.20. AWARD OF CONTRACT

Notwithstanding any other provision of the Request for Qualifications, 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.21. SUBMITTAL RESULTS

The name(s) of the successful Offeror(s) will be posted on the Business Services Department’s Internet site at http://www.tucsonprocurement.com/ upon issuance of a Notice of Intent to Award or upon final contract execution.

D.22. PROTESTS

A protest shall be in writing and shall be filed with the Director of Business Services. A protest of a Request for Qualifications shall be received at the Business Services Department not less than five (5) working days before the Request for Qualifications 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 Qualifications or contract number;

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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.23. REQUEST FOR QUALIFICATIONS

A. The evaluation of the SOQs will be based on the requirements described in this RFQ and pursuant to Arizona Revised Statute Title 34. All properly submitted SOQs will be evaluated and ranked according to the stated selection criteria and relative weight of the selection criteria by the evaluation committee. SOQs shall not include any information regarding fees, pricing, person hours or other cost information.

B. An appropriately qualified selection committee shall evaluate the SOQs and performance data that are submitted in response to the City’s RFQ for the proposed contract.

C. The evaluation committee will evaluate initial SOQs based upon evaluation of the criteria and relative weight of the selection criteria published in this RFQ. The City does not intend to conduct a two-step evaluation to include interviews as part of this Solicitation, however, the City reserves the right to consider and enter into a two-step Solicitation.

D. Based on the results of the evaluation of SOQs submitted in response to the RFQ, the City will recommend entering into negotiations with the most qualified firm(s) for award.

E. The City intends to enter into negotiations for a contract(s) with the highest qualified person(s) or firm(s) for the professional 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 to be rendered. If the City is not able to negotiate a satisfactory contract with the person(s) or firm(s) 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(s) or firm(s) in sequence until an agreement is reached or a determination is made to reject all persons or firms on the short list.

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

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E. SELECTION PROCESS

E.1. SELECTION PROCESS

The selection process is provided below:

• One-Step - Statement of Qualifications (SOQ) o For One-Step solicitations, a qualified committee will evaluate the SOQs submitted and determine the Offeror(s) most qualified to enter into negotiations for a contract.

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F. SPECIAL TERMS AND CONDITIONS

F.1. SOFTWARE COMPATIBILITY

For the purposes of aiding the Consultant in the performance of their obligation under this Contract, the City shall furnish upon request all relevant data in the City’s possession and shall direct City officers, agents and employees to render all reasonable assistance to Consultant in connection with Consultants performance under this Contract. The provision of such aid, assistance, information or services as received from the City shall in no way relieve the Consultant from obligations under this Contract. The City does not warrant the compatibility of City furnished data, either electronic or in any form, with the Consultant’s software. All costs associated with data conversion or software upgrades and conversions shall be borne by the Consultant.

F.2. NOTICE TO PROCEED

The Consultant agrees to render professional services promptly and diligently upon receipt of written notice to proceed with any or all of the services set forth herein.

F.3. PRINCIPAL CONSULTANT’S RESPONSIBILITY

The Consultant shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the Consultant under this Contract. The Consultant shall without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services. Additionally, when modification to a construction contract is required because of an error or deficiency in the services provided under this Professional Design Services Contract, the City shall consider the extent to which the Consultant may be reasonably liable.

Neither the City’s review, approval or acceptance of, nor payment for, the services required under this Contract shall be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract, and the Consultant shall be and remain liable to the City in accordance with applicable law for all damages to the City caused by the Consultant’s negligent performance of any of the services furnished under this Contract.

If the Consultant is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.

The Consultant agrees that the work to be performed pursuant to this agreement shall be under the full authority and responsible charge of the undersigned principal of the firm or officer of the corporation who must be the holder of a current Arizona Certificate of Registration issued by the Board of Technical Registration for the practice of professional design services in the State of Arizona.

Any drawings, plans, specifications, and estimates to be prepared pursuant to this agreement shall be prepared by or under the personal direction of the undersigned qualified holder of an Arizona Certificate of Registration issued by the Arizona Board of Technical Registration.

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The Consultant shall be responsible for the completeness and accuracy of all services rendered and correction of all errors of omission or commission on the drawings, specifications, and other documents notwithstanding prior approval by the City.

By signing the Contract, the Consultant affirms that it has the ordinary skill, knowledge, and judgment possessed by members of its profession, and that it will use reasonable and ordinary care and diligence in performing the work.

F.4. DRAWING, STANDARD DETAILS, ETC.

City of Tucson drafting standards, standard details, specifications, and office procedures are to be used in the preparation of items required under this Contract unless directed otherwise by the City. The City will furnish the Consultant with copies of the necessary standard City documents. All final documents shall be prepared by such methods and of such quality of workmanship as will permit the making of satisfactory reproductions.

F.5. ADVICE AND CONSULTATION

The Consultant shall be available to the City for advice and consultation on the interpretation of the plans and specifications on questions which may arise during the course of this Contract.

F.6. PUBLIC HEARINGS

The Consultant shall upon request, attend any public hearing on matters related to the scope of professional services set forth in this Contract.

F.7. TIME RECORDS

The Consultant shall maintain complete, current and daily records covering all hours actually worked on this project by the various classes of workers. The City shall have the right to audit and/or examine such records at any time during the progress of this Contract and shall withhold payment if such documentation is found by the City to be incomplete or erroneous.

F.8. WORK SCHEDULE

The consultant shall adhere to any and all work schedules developed under this contract. The work schedule will provide for the completion of services within a specified number of consecutive calendar days following the starting date established by a written notice to proceed. If the Consultant is unable to adhere to the accepted schedule, they shall prepare a justification letter with a proposed revised schedule and submit the same to the City for review and approval. It shall be the sole option of the City to approve any such requests. The City shall be furnished two (2) copies of the original work schedule and two (2) copies after each revision, if any, is approved.

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F.9. ADDITIONAL COMPENSATION

The Contractor shall submit a written proposal and secure the City Director of Business Services’ written approval of same prior to the performance by the Consultant of any work for which additional compensation will be requested.

Without the City Director of Business Services’ prior written approval of the proposed work and the fee therefore, the City will not consider payment of any sums other than those already set forth under this Contract.

F.10. OTHER CONTRACTS

The City may, as its sole option, enter into Contracts for additional work related to this project. The Consultant shall fully cooperate with other contractors and consultants and with City employees to accommodate such other work. The Consultant shall not commit or permit any act that interferes with the performance of such work by other contractors.

F.11. COMPENSATION AND METHOD OF PAYMENT

In consideration of the performance of the services described in the Scope of Services, the City shall pay the Consultant in accordance with the negotiated contract rates, and the Consultant shall charge the City only in accordance with those same rates.

The City will pay the Consultant following the submission of itemized invoice(s). Each itemized invoice must bear a written certification by an authorized City representative confirming the services for which payment is requested.

F.12. INVOICING

The City will pay the Contractor following the submission of an itemized invoice(s) on the prescribed form as provided by the Contract Representative. Each itemized invoice must bear a written certification by an authorized City representative confirming the services for which payment is requested. The invoice shall be submitted based upon work completed and direct costs incurred. Upon completion of the project to the satisfaction of the City and acceptance of the work, final payment shall be made.

The City shall make every effort to process payment for the purchase of materials or services within twenty-one (21) calendar days after receipt of materials or services and a correct invoice.

Invoices shall be submitted to the City’s Project Manager within 30 calendar days of the end of the month for all actual work completed for the billing period performed during the preceding month. The invoice to the City shall include invoices for sub-consultants for the same billing period included by the Contractor. The invoices shall be accompanied by any required labor and reporting forms.

F.13. SBE PROGRAM REQUIREMENTS

The SBE participation goal for this project will be evaluated during the negotiation phase prior to award.

Program requirements are codified in Chapter 28, Article XIII of the Tucson Procurement Code. The Prime Consultant shall submit to the Business Services Department, Business Enterprise &

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Compliance Program, either a completed 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.

An approved plan or waiver request must be in place prior to issuance of Notice To Proceed (NTP).

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

See APPENDIX A - SBE Program Provisions for Professional Services

F.14. COOPERATIVE PURCHASING

Any Contract resulting from this solicitation shall be for the use of the City of Tucson. In addition, public and nonprofit agencies that have entered into a Cooperative Purchasing Agreement with the City of Tucson's Business Services Department are eligible to participate in any subsequent Contract. See http://www.tucsonprocurement.com/coop_partners.aspx and click on Cooperatives for a list of the public and nonprofit agencies that have currently entered into Cooperative Purchasing Agreements with the City of Tucson. Additionally, this contract is eligible for use by the Strategic Alliance for Volume Expenditures (SAVE) cooperative. See http://www.maricopa.gov/Materials/PubDocuments/SAVE-members.pdf for a listing of participating agencies. The parties agree that these lists are subject to change.

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

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

F.15. KEY PERSONNEL

It is essential that the contractor provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract. The City encourages the Contractor to hire or subcontract if necessary in order to provide the best personnel. The Contractor must agree to assign specific individuals to the key positions.

http://www.maricopa.gov/Materials/PubDocuments/SAVE-members.pdf http://www.maricopa.gov/Materials/PubDocuments/SAVE-members.pdf

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The Contractor agrees that, once assigned to work under this contract, key personnel shall not be removed or replaced without written notice to the City. If key personnel are not available for work under this contract for a continuous period exceeding thirty calendar days, or are expected to devote substantially less effort to the work than initially anticipated, the Contractor shall immediately notify the City, and shall, subject to the concurrence of the City, replace such personnel with personnel of substantially equal ability and qualifications.

F.16. DIRECT EXPENSES

Estimated direct expenses shall be submitted to the Project Manager prior to authorization to proceed.

All direct expenses will be compensated at cost with no markup. Travel, mileage and per diem expenses shall be in accordance with General Services Administration (GSA) rates for the Tucson area or for the area that travel is taking place. Vehicle usage, lodging, and per diem expenses for the Contractor’s out of town staff or sub-consultants must be identified and approved in the Contractor’s cost proposal.

Estimated travel expenses shall be submitted to the Project Manager for approval prior to authorization of specific travel. Contractor will make every effort to minimize or eliminate the need for direct expenses and will actively pursue options to consolidate travel/lodging expenses whenever possible.

Contractor shall not be reimbursed for normal business use mileage within Pima County. Contractor shall consider normal computer and telephone usage for daily activities as a part of overhead.

Travel expenses are limited to the total expense resulting from traveling directly to the destination and staying only the number of days necessary to conduct official business. The Contractor is encouraged to arrive earlier or stay longer than is necessary if doing so will result in savings to the City. In some cases, because of airline discount terms, an additional day(s) of travel will result in substantial airfare savings -- enough savings to offset additional lodging and per diem costs. The Contractor shall fly coach when the flight includes both coach and first-class seats. First-class seats may be allowed if coach seats are not available and no other flight can be substituted. Additional fees or fares incurred during air travel must be substantiated by a receipt. The total reimbursement for vehicular transportation shall in no case exceed the amount that would be incurred using air transportation. Travel by personal vehicle shall be reimbursed in accordance with the current Federal per diem rates. All vehicular parking or storage costs will be reimbursed. Receipts are not required. Vehicle expense reimbursements will be paid only to the vehicle owner. Passengers are not entitled to vehicular expense reimbursement.

Miscellaneous expenses include local phone calls, snacks, and gratuities. Miscellaneous expenses are included in the per diem rate. Contractor is responsible for utilizing the appropriate per diem rates for locations outside of Tucson where travel is taking place. In addition, Contractor is responsible for utilizing updated Per Diem Rates for subsequent Fiscal Years.

F.17. RATE ADJUSTMENT

The City will review fully documented requests for rate adjustment after any contract has been in effect for one (1) year. Any rate adjustment will only be made at the time of contract renewal and will be a factor in the renewal review process. Contractor must submit written request to the City at least thirty

(30) days prior to renewal date. The City will determine whether the requested rate adjustment or an alternate option, is in the best interest of the City. Any rate adjustment will be effective upon the effective date of the contract renewal.

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F.18. AUTOMATIC RENEWAL

The term of the 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, at its sole option, to renew the Contract for four (4) additional one-year periods or portions thereof. In the event that the City exercises such rights, all terms, conditions and provisions of the original Contract shall remain the same and apply during the renewal period with the possible exception of price and minor scope additions and/or deletions. Renewals will be automatic, from the date of contract award, unless the City provides written notice to the contractor no later than thirty (30) days prior to renewal date.

F.19. BASIS FOR AWARDING INDIVIDUAL PROJECTS

In the event the City awards more than one contract for these services, individual projects will be awarded to the firm best suited for the specific project. The City may request qualifications from all contracted firms for each individual project. However, the City reserves the right to award projects as it deems to be in its best interest. Scope, schedule, and price are agreed upon in a fully executed Notice to Proceed letter prior to Contractor beginning the work.

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G. INSURANCE REQUIREMENTS

G.1. INSURANCE PROVISIONS OVERVIEW

The Contractor agrees to:

A. Obtain insurance coverage of the types and amount required in this section and keep such insurance coverage in force throughout the life of this contract. All policies will contain an endorsement providing that written notice be given to the City at least thirty (30) calendar days prior to termination, cancellation, or reduction in coverage in any policy.

B. The Commercial General Liability Insurance and Commercial Automobile Liability Insurance policies will include the City as an additional insured with respect to liability arising out of the performance of this contract. Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract. The Contractor agrees that the insurance hereunder will be primary and that any insurance carried by the City will be excess and not contributing.

G.2. Commercial General Liability

Policy shall include Bodily Injury, Property Damage, Personal Injury and Broad Form Contractual Liability:

Each Occurrence: $1,000,000

General Aggregate: $2,000,000

Products & Completed Operations Aggregate: $2,000,000

Personal and Advertising Injury: $1,000,000

Blanket Contractual Liability:…