On-call_Professional_Planning_and_Design_Services_(Addendum_#3_Revision).pdf

CITY OF TUCSON

REQUEST FOR QUALIFICATIONS

226004

ON-CALL PROFESSIONAL PLANNING AND DESIGN SERVICES

Due Date: Thursday, March 31, 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/16627

PUBLISH DATE: March 7, 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. 226004

BUSINESS SERVICES DEPARTMENT Page 2 of 37 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Andrew Klos

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-6685

Attachments:

A - OFFER AND ACCEPTANCE.RFQ

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A. NOTICE OF REQUEST FOR QUALIFICATIONS

A.1. City of Tucson

NOTICE OF REQUEST FOR QUALIFICATIONS NO. 226004

ON CALL PROFESSIONAL SERVICES FOR On-call Professional Planning and Design Services

Notice is hereby given that the City of Tucson, hereinafter referred to as "COT" is conducting a competitive One-Step Process process to retain up to six (6) Firms to provide Engineering services for planning and design.. The City is seeking firms (hereinafter referred to as “Consultant”) to provide consultant services in the form of a multi-disciplinary team. The estimated annual budget for this project is $500,000. Individual projects not to exceed N/A however typical projects are under $200,000.

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 (SOQ’s) 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: i.e.Six Firms will be selected.)

Questions must be addressed to the Contract Officer listed above.

SUBMITTAL DUE DATE: Thursday, March 31, 2022AT 2:00 pm LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE: Monday, March 14, 2022

TIME: 10:00 am

LOCATION: https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjVlMjBhM2ItZjVkMi00YzM5LThiNGItYjYyNGNjNWVmMjYw%40thread.v2/0?co ntext=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22fff040e8-bcd1-4d29-8b9d-10b00d0af182%22%7d

QUESTIONS SHALL BE DIRECTED TO: Andrew Klos

PHONE NUMBER: (520) 837-6685

EMAIL ADDRESS: andrew.klos@tucsonaz.gov

Publication Dates: Monday, March 7, 2022 and Monday, March 14, 2022 published in The Daily Territorial

Posted Date: Monday, March 7, 2022 published/posted in BuySpeed

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B. INTRODUCTION

B.1. Summary

Notice is hereby given that the City of Tucson, hereinafter referred to as "COT" is conducting a competitive one step process to retain up to six (6) CONSULTANTS to provide on-call professional planning services for miscellaneous projects for the Tucson Water Department. The estimated budget for the first year is five hundred thousand dollars ($500,000.00). The term of this contract is one year with two (2) two-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 Consultant’s services will be required.

B.2. Contact Information

Andrew Klos Senior Contract Officer 255 W Alameda St Tucson, AZ 85701 Email: andrew.klos@tucsonaz.gov Phone: (520) 837-6685 Department:

Water Department mailto:andrew.klos@tucsonaz.gov tel:(520)837-6685

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C. SCOPE OF WORK

C.1. I. General

The successful firm shall provide, on an as-needed, if-needed basis, to the City of Tucson (hereinafter referred to as the “City”) Water Department (hereinafter referred to as “Tucson Water”) services related to water utility planning and design as delineated herein.

The anticipated budget for year one of the contract is $500,000.00; however, the City makes no guarantee as to the amount of work the consultant will actually receive.

C.2. II. Specific Services

Tucson Water will define specific work assignments under the Contract. In accordance with the Contract Terms and Conditions, the successful firm will not commence work until receipt of a Notice to Proceed for each specific work assignment. Services provided under this contract shall include, but not be limited to, the types of work described below:

C.3. A. Water Quality Planning

1. Monitor local, state, and federal regulations and policies and evaluate their impacts on Tucson Water.

2. Prepare comments on proposed regulations.

3. Develop water quality management, supply, and operational plans in compliance with existing or future regulations.

4. Assist in establishment of water quality management goals for the potable water and recycled water systems.

5. Develop remediation plans for contaminated groundwater directly affecting Tucson Water’s potable supply wells, effluent recovery wells, and/or monitoring wells.

6. Conduct water quality studies to support Tucson Water’s potable water or recycled water delivery program.

7. Conduct water treatment assessments to evaluate appropriate treatment-train technologies for various source waters and purposes.

8. Represent the Utility at water-quality and water treatment meetings and forums.

9. Analyze and present data in formats suitable for public presentations.

10. Assist Tucson Water’s Public Information Office in public outreach efforts related to water-quality planning.

C.4. B. Water Resources Planning

1. Develop/update water resource/supply master plans for potable and/or recycled water systems.

2. Assess alternative well drilling/construction practices.

3. Provide assistance in updating the City’s Assured Water Supply Designation.

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4. Assess the risk associated with drought, CAP or Tucson Water system failure, and short-term and extended outages on the CAP system.

5. Assist with emergency operations planning for outages on the potable or recycled water systems.

6. Assist with the development of new tools to evaluate and score competing alternatives to water resource and distribution system problems.

7. Analyze existing or proposed policies of regulatory agencies relating to CAP supply and delivery, other potential water supplies which would rely on the CAP system for delivery, Assured Water Supply designation, or ADWR Management Plan requirements.

8. Evaluate plans, policies, or programs proposed by the Mayor and Council, CWAC, Board of Supervisors, or the community which affect water resource planning.

9. Represent the Utility at water-resource planning and management meetings and forums.

10. Review ongoing water resource utilization programs and make recommendations for improvements.

11. Evaluate potential water purchases/exchanges with agriculture, groundwater users within Arizona, and entities having CAP allocations.

12. Evaluate existing and proposed wellfields and pumping patterns.

13. Develop a well maintenance/well rehabilitation plan for existing/proposed wells and wellfields.

14. Evaluate environmental impacts of specific projects.

15. Assist with the development of Environment Impact Statements or Environmental Assessments in conformance with federal requirements.

16. Assist the Utility in developing, revising, and/or maintaining compliance with proposed or existing Habitat Conservation Plans.

17. Update the Utility’s regional numerical groundwater flow model.

18. Provide permit acquisition support including but not limited to preparing well impact analyses, developing/modifying groundwater flow models and water quality tracking models, report writing, and any other activity required to obtain federal, state, and/or local permits and clearances.

19. Develop recharge and recovery plans for CAP water, effluent-derived water, and/or remediated groundwater.

20. Analyze and present data/information in formats suitable for public presentation.

21. Assist Utility’s Public Information Office in outreach efforts related to water-resource planning.

22. Evaluate the applicability of water treatment technologies for a range of purposes/uses.

23. Evaluate the impact of increased salinity on the Utility’s water resource management goals and water treatment/management objectives.

24. Develop computerized tool to facilitate management of effluent water resources.

25. Revise as appropriate the credit accounting for managed in-channel recharge projects.

26. Assist with the Utility’s water conservation program planning and evaluation including long-term water efficiency programs and drought management planning.

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27. Assist the Utility in its climate-change preparedness planning.

28. Assist in developing alternative/innovative water rates, assessing their impact on demand/water resources and on revenue stability.

C.5. C. Water Infrastructure/System Planning

1. Develop and/or calibrate hydraulic models of the potable or recycled water systems.

2. Develop hydraulic models for specific conditions and make recommendations for system improvements.

3. Assist with developing capital improvement programs for the potable or recycled water systems.

4. Assess cost and rate impacts of specific capital projects or programs.

5. Analyze and present data in formats suitable for public presentation.

6. Assist Tucson Water’s Public Information Office in public outreach efforts related to water infrastructure planning.

7. Conduct new pipeline routing studies or review/revise existing studies.

8. Evaluate purchases of water companies.

9. Assess energy utilization practices and develop strategies to maximize efficiencies.

10. Assist with the development of alternative energy sources including the development of requests for proposals or request for qualifications for energy related projects.

11. Assist in assessing regional and subregional water-supply infrastructural needs including but not limited to recommendations on siting reservoirs, transmission mains and booster stations.

12. Calculate the cost of service for Tucson Water to wheel water to other water providers in the region and assist in the identification of any hydraulic limitations of a proposed wheeling concept/plan.

13. Assist with the analysis and implementation of Advanced Metering Infrastructure and Advanced Meter Reading.

14. Assist with an analysis incorporating storm water management, to include on site/parcel and off site/parcel rainwater harvesting, into the Utility’s water resource management goals and its potential to mitigate the urban heat island.

15. Assist with the development of a storm water management program, including funding mechanisms, organizational structure, to include the potential formation of a storm water management utility.

16. Assist with the development or modification of the Utility’s Strategic Plan, to include goals and objectives for the Utility throughout the organization.

C.6. D. Design Services

1. Design of water treatment facilities.

2. Design of booster stations to include piping, electrical controls, control panel design, SCADA, SCADA integration and electrical systems

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3. Design of new wells and rehabilitation of existing wells

4. Design of mechanical and electrical equipment for drilled wells, including control panel design, SCADA, SCADA integration and electrical systems

5. Design of water storage tanks and reservoirs

6. Design of water distribution and transmission mains

7. Design and architectural services of any associated buildings associated with any water related facility

8. Design of on-site civil improvements including but not limited to roadway/parking, storm drain, grading, landscape, coordination with other utilities, and required permitting

9. Perform geotechnical, floodplain, native plant, cultural resource studies required for design or construction

10. Perform construction administration services

11. Provide opinions of probable construction costs

If one or more members of the consultant project management team changes at any time during the term of this contract, the City reserves the right to review their qualifications and accept or reject them based on their level of experience, proven ability to successfully complete assignments of the type described above, manage project budgets, and meet the time constraints of client projects.

C.7. III. Financial Considerations

1. In consideration of the services performed under this contract, the City shall pay the Consultant in accordance with hourly rates negotiated prior to contract award. The level of effort required to complete each project along with any other direct expenses shall be negotiated prior to issuance of notice-to-proceed.

2. Consultants shall not be reimbursed for normal business use mileage within Pima County. Work requiring travel outside of Pima County shall include reimbursement for travel and per diem expenses paid per current City of Tucson allowances. Vehicle usage, lodging, and per diem expenses for out of town consultants must be identified and approved in the consultant’s cost proposal.

3. Consultant shall consider normal computer usage for daily activities as a part of overhead. Computer time for complex graphics, computer dedicated to field activities or computer time for numerical modeling as needed for a specific task must be identified and approved in the consultant’s cost proposal.

4. 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.

5. The invoice shall be submitted monthly 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.

6. Direct expenses shall be paid at cost to consultant and shall include no markup.

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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 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

BUSINESS SERVICES DEPARTMENT Page 10 of 37 writing. Offerors are encouraged to submit written questions via electronic mail, at least five days prior to the submittal due date. Any correspondence related to a solicitation should refer to the appropriate Request for Qualifications number, page and paragraph number. Oral interpretations or clarifications will be without legal effect. Only questions answered by a formal written amendment to the Request for Qualifications will be binding.

D.4. AMENDMENT OF REQUEST FOR QUALIFICATIONS

The Offeror shall acknowledge receipt of a Request for Qualifications Amendment 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 amendments 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 Amendment(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 amendments, 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 Amendment(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

Statement of Qualifications for the specified material or service shall be received electronically by the Business Services Department at https://secure.procurenow.com/portal/tucson-az until the date and time cited.

Offerors shall submit their statement of qualifications to the Business Services Department on or before the day and hour set for the Submittal Due Date identified above, as may be modified by amendments to this solicitation. Responses to this solicitation shall only be accepted via electronic submission through the City’s online bidding system.

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

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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 Vendor Services. 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.

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 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 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 amendment, a contract amendment, 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 Qualification shall be received at the Business Services Department not less than five (5)

BUSINESS SERVICES DEPARTMENT Page 14 of 37 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.23. 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(s) or firm(s) 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 a 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.

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

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E. SELECTION PROCESS

E.1. SELECTION PROCESS

The selection process is provided below:

• One-Step - Statement of Qualifications (SOQ) o 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.

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F. SPECIAL TERMS AND CONDITIONS

F.1. 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 Consultant agrees that the parties shall have the right, to renew the Contract for two (2) additional two (2) year periods, or portions thereof. In the event that the parties exercise 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.

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.

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.

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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. 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.5. 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.

F.6. 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.7. 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.

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

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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.8. 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.

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.9. 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

BUSINESS SERVICES DEPARTMENT Page 20 of 37 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.10. 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 extension and will be a factor in the extension review process. 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 extension.

F.11. SECURITY REQUIREMENT

By acceptance of this contract, the Consultant agrees that, at the City’s sole discretion, any and all Consultant employees, or sub-consultants, who will perform services on site at designated secure facilities, including but not limited to Tucson Water Department (TW) facilities, must successfully pass a background check and be issued appropriate identification prior to commencement of work at subject facilities.

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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: $1,000,000

G.3. Commercial Automobile Liability

Policy shall include Bodily Injury and Property Damage, for any owned, Hired, and/or Non-owned vehicles used in the operation, installation and maintenance of facilities under this agreement.

Combined Single Limit: $1,000,000

G.4. Worker's Compensation (Applicable to the State of Arizona)

Per Occurrence: Statutory

Employer's Liability: $1,000,000

Disease Each Employee: $1,000,000

Disease Policy Limit: $1,000,000

*Sole Proprietor/Independent Contractor designation is given to those who desire to waive their rights for workers’ compensation coverage and benefits as outlined in ARS§ 23-901 and specifically ARS §

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23-961 (O). If applicable, please request the Sole Proprietor/Independent Contractor form from the Contract Officer listed in the solicitation.

G.5. Professional Liability (Errors & Omissions)

Each Claim: $1,000,000

Annual Aggregate: $2,000,000

G.6. CLAIMS MADE INSURANCE COVERAGE

If any or part of the required insurance is written on a claims-made basis, any policy retroactive date must precede the date of the contract and the Contractor must maintain such coverage for a period not less than three (3) years following contract expiration, termination or cancellation.

G.7. ADDITIONAL INSURANCE REQUIREMENTS

All policies shall include, or be endorsed to include, the following provisions:

A. A waiver of subrogation endorsement in favor of the City of Tucson, for losses arising from work performed by or on behalf of the Contractor.

B. The insurance afforded the contractor shall be primary insurance and that any insurance carried by the City of Tucson and its agents, officials or employees shall be excess and not contributory.

C. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of this Contract.

G.8. NOTICE OF COVERAGE MODIFICATIONS

Any changes material to compliance with this contract in the insurance policies above shall require (30) days written notice to the City of Tucson. Such notice shall be sent directly to the Business Services Department.

G.9. ACCEPTABILITY OF INSURERS

Contractors insurance shall have an “A.M. Best” rating of not less than A:VII. The City of Tucson in no way warrants that the required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

G.10. VERIFICATION OF COVERAGE

Contractor shall furnish the City of Tucson with certificates of insurance (ACORD form or equivalent approved by the City of Tucson) as required by this Contract. The certificates for each insurance policy are to be signed by an authorized representative.

All certificates and endorsements are to be received and approved by the City of Tucson before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work and remain in effect for the duration of the contract and two (2) years after

BUSINESS SERVICES DEPARTMENT Page 23 of 37 completion. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal upon the City’s request, is a material breach of contract.

All certificates required by this Contract shall be sent directly to the Business Services Department.

The City of Tucson project/contract number and project description shall be noted on the certificate of insurance. The City of Tucson reserves the right to require complete copies of all insurance policies required by this Contract at any time.

G.11. SUBCONTRACTORS

Contractors’ certificate(s) shall include all subcontractors as insured under its policies or Contractor shall furnish to the City of Tucson separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above.

G.12. EXCEPTIONS

In the event the Contractor or sub-contractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self- Insurance.

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H. STANDARD TERMS AND CONDITIONS

H.1. ADVERTISING

Contractor shall not advertise or publish information concerning this Contract without prior written consent of the City’s Director of Business Services.

H.2. AFFIRMATIVE ACTION

Contractor shall abide by the provisions of the Tucson Procurement Code Chapter 28, Article XII.

H.3. AMERICANS WITH DISABILITIES ACT

The Contractor shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101, et seq.) and applicable Federal regulations under the Act.

H.4. APPLICABLE LAW

This Contract shall be governed, and the City and Contractor shall have all remedies afforded to each, by the Tucson Procurement Code and the law of the State of Arizona. State law claims shall be brought only in Pima County Superior Court.

H.5. ARBITRATION

It is understood and agreed that no provision of the Contract relating to arbitration or requiring arbitration shall apply to or be binding upon the City except by the City's express written consent given subsequent to the execution of the Contract. However, if both parties agree, disputes may be resolved through arbitration.