On-Call_Professional_Survey_Services_(Addendum_#2_Revision).pdf

CITY OF TUCSON

REQUEST FOR QUALIFICATIONS

240202

ON-CALL PROFESSIONAL SURVEY SERVICES

Due Date: Monday, July 22, 2024

City of Tucson

255 W Alameda St

Tucson, AZ 85701

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

Public Portal https://secure.procurenow.com/portal/tucson-az/projects/40042

PUBLISH DATE: June 20, 2024 https://secure.procurenow.com/portal/%7Bproject.government.code%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D

CITY OF TUCSON REQUEST FOR QUALIFICATIONS NO. 240202

BUSINESS SERVICES DEPARTMENT Page 2 of 42 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Leticia Riesgo

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

Attachments:

A - OFFER AND ACCEPTANCE.RFQ

B - 240202 SBE Program Provisions C - 240202 DBE Program Provisions On Call D - 240202 COT ARPA Terms and Conditions E - 240202 2 CFR Part 200.321 ARPA DBE Program Provisions F - 240202 FTA Terms and Conditions G - 240202 FTA DBE Provisions On-Call H - 240202 HUD Forms

BUSINESS SERVICES DEPARTMENT Page 3 of 42

A. Notice of Request for Qualifications

A.1. City of Tucson

NOTICE OF REQUEST FOR QUALIFICATIONS NO. 240202

ON CALL PROFESSIONAL SERVICES FOR On-Call Professional Survey Services

Notice is hereby given that the City of Tucson, hereinafter referred to as "COT" or "City", is conducting a competitive One-Step Process to retain approximately TWELVE (12) Firms to provide professional on-call survey services for miscellaneous projects. 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 five hundred thousand dollars ($500,000). Individual projects not to exceed five hundred thousand dollars ($500,000) however typical projects are under one hundred thousand dollars ($100,000). 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.

Multiple funding sources may be utilized including, but not limited to: Regional Transportation Authority (RTA), Federal Transit Administration (FTA), Housing and Urban Development (HUD) and American Rescue Plan Act (ARPA).

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.Twelve Firms will be selected.)

Questions must be addressed to the Contract Officer listed in the solicitation.

SUBMITTAL DUE DATE: Monday, July 22, 2024 AT 2:00 pm LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE: Friday, June 28, 2024

TIME: 10:00 am

LOCATION: Microsoft Teams Virtual Meeting

Or call in (audio only): +1 213-293-2303 Phone conference ID: 637 468 07#

QUESTIONS SHALL BE DIRECTED TO:

Leticia Riesgo

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

Publication Dates:Thursday, June 20, 2024 and Thursday, June 27, 2024 published in The Daily Territorial https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODc3NjRkM2ItMGY4Ni00Y2ZjLWJkMTktN2Q4YTJkZTQwNDM4%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22783e5301-d48c-4409-bafa-0a0828bc7088%22%7d

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B. Introduction

B.1. Summary

Notice is hereby given that the City of Tucson, hereinafter referred to as "COT" or "City" is conducting a competitive ONE-STEP process to retain up to TWELVE (12) CONSULTANTS to provide professional on-call survey services for miscellaneous projects for the Tucson Department of Transportation & Mobility and other City Departments. Individual projects shall not exceed $500,000.00 without written approval from the Director of Business Services. Typical projects are less than $100,000.00. The term of this contract will be one year with two (2) two-year renewal options. However, services will be requested on an as-needed, if-needed basis and the resultant contract is neither exclusive nor a commitment by COT that the Consultant's services will be required.

B.2. Contact Information

Leticia Riesgo Senior Contract Officer 255 W. Alameda 6th Floor Tucson, AZ 85701 Email: leticia.riesgo@tucsonaz.gov Phone: (520) 837-4138 Department:

Transportation & Mobility mailto:leticia.riesgo@tucsonaz.gov tel:(520)837-4138

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C. Scope of Work

C.1. Scope of Work

GENERAL

The resulting professional services contracts shall provide for all aerial and ground survey work for property surveys, roadway and other construction surveys, layout services, engineering, parcel, easement, right-of-way, and A.L.T.A. surveys, calculations, drafting, monumentation, preparation of legal descriptions and exhibits, and other professional tasks associated with the maintenance, acquisition, or disposition of City-owned property. Drafting of all surveys for recordation and the clerical responsibility of typing legal descriptions and/or reports are also associated tasks.

It is the intent of the City of Tucson to engage, through this professional services contract, the Consultant's Survey Crews as defined in this contract. Consultant agrees to render professional services promptly (within two (2) calendar days) and diligently upon receipt of a notice to proceed.

The Consultant shall designate a representative to act as Contract Liaison. All work assignments, direction and control of the survey crews shall be facilitated through the Contract Liaison. The Contract Liaison does not have the authority to act on behalf of the City. It is clearly understood that each party shall act in its individual capacity and not as an agent, employee, partner, joint-venturer or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other party for any purpose whatsoever. Consultant shall not be entitled to compensation in the form of salaries, or to be paid vacation or sick days by the City, and that such days do not accumulate for the use of same at a later date. The City shall not provide any insurance coverage to the Consultant, including Workers Compensation coverage. The Consultant is advised that taxes or social security payments shall not be withheld from a City payment issued hereunder and that Consultant should make arrangements to directly pay such expenses, if any.

CONSULTANT STAFF

The Consultant shall provide a three (3) member survey crew properly trained and completely equipped to perform the stated survey services, a Survey Technician to perform calculation, drafting, and legal description typing services, and a Professional Land Surveyor registered in the State of Arizona, who will be solely responsible for all right-of-way, monumentation, surveys and legal descriptions.

All work is to be performed to:

City standards or as modified by the City to meet the requirements of a specific project and/or construction contractor.

Note: GPS equipment will now be considered standard equipment and will no longer be the basis for billing at a different rate.

When deemed appropriate by the City, or as requested with City approval by the Consultant, a two (2) member crew or a one (1) member, Survey Crew Chief, shall be furnished at the negotiated rates. If requested by the City, a single Survey Technician aiding a City field crew shall also be furnished at the Survey Technician rate. Finally, a Clerical / Administrative rate will be provided for billing purposes.

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Consultation by the Consultant's Survey Crew Chief with the Consultant's Principal shall not form the basis for Consultant principal charges against this contract, except by specific prior permission of the City Surveyor or designated representative. Such charges shall be at the negotiated hourly rate.

The Consultant shall utilize the survey crew chief and designated responsible Professional Land Surveyor registered in the State of Arizona as indicated in the proposal for acquiring this contract. Any change of staff from those set forth in the proposal must have the prior written approval of the City Surveyor or designated representative. Replacement personnel shall be equally qualified based on the evaluation criteria set forth in the Request for Qualifications.

The Consultant, prior to accepting any assignment, shall attend a project assignment meeting to discuss the scope and time frame of the project. A City representative will contact the Consultant to inform the Consultant of the date, time, and place of said meeting.

CONSTRUCTION LAYOUT

The assigned project shall be staked in accordance with Department of Transportation & Mobility or other City Departments standards and practices and as required by the contractor on a one-time basis.

All equipment, vehicles, and materials required for construction staking are to be supplied by the Consultant. Plans will be supplied by the City Surveyor or designated representative. In addition to the duties of the Consultant set forth in this section, the Consultant may be directed by the City as to the number, type, and manner of other survey work. This direction by the City shall not be deemed to relieve the Consultant of responsibility for otherwise providing complete and proper survey and construction layout under this contract.

A. The Consultant, prior to construction, will attend a preconstruction conference with the construction contractor and City representatives at which time known pertinent construction phases will be coordinated and construction schedules and surveying needs assessed.

B. The Consultant shall provide all vertical and horizontal controls as may be required. Consultant shall also provide initial detailed construction staking as required by the construction contractor for the prosecution of his work, such services to commence during working hours of the second day following notification from the construction contractor or City representative. All requests for additional staking (beyond initial staking), when requested in writing by the contractor on forms to be provided by the City and signed by the City’s Project Inspector, will be paid for at the hourly rate quoted for such services.

C. The Consultant surveyor will assist the Project Inspector in marking a set of construction plans and/or drawings to show changes made during construction. The source of design modifications and authorization for the changes shall also be indicated on the prints. The City will perform drafting revisions to original drawings for "As-Builts". Such drafting shall incorporate all "As-Built" notes from the Consultant's Survey Crew's As-Staked Field Book submitted to City Surveyor upon completion of projects.

ENGINEERING SURVEYS

This type of work shall include establishing benchmarks, horizontal control utilizing existing right-of-way [established by the City survey crews or by the Consultant as described under right-of-way survey(s)], BUSINESS SERVICES DEPARTMENT Page 7 of 42 locating all improvements and culture, locating vegetation, measuring distances and angles, measuring elevations of existing improvements (including inverts and rim elevations of storm drains and sanitary sewers), and all other work commonly found on City of Tucson Department of Transportation & Mobility and other Department Engineering/Design surveys. Right-of-way surveys may be required in order to proceed with the Preliminary Engineering Survey.

Miscellaneous office calculations from field work may be required. All field work shall be kept in a City of Tucson field book using standard note keeping techniques, supplemented with digital data including data collector files, and .DXF or .DWG format drawings. Digital data shall be provided to the City and be compatible with AutoCAD 2009 or previous versions, and be compatible with AutoCAD Civil 3D. The consultant shall provide hard copies and electronic copies of the survey notes. Electronic copies shall be submitted in pdf format.

BOUNDARY/RIGHT-OF-WAY SURVEYS/LEGAL DESCRIPTIONS

This work shall include locating all required public land corners, street monumentation, property corners, and gathering of parol evidence as required to determine existing land lines and/or right-of-way lines. Once the location of the actual boundary or right-of-way lines has been determined, monuments as required by the Rules and Regulations of the State Board of Technical Registration, or Arizona Revised Statutes, shall be set by the Consultant at all angle points, points of curvature, block corners, property corners, etc. In addition to monumenting the actual right-of-way lines, a monument line or centerline, whichever the case may be, shall also be fully monumented. A Record of Survey shall be prepared in accordance with all applicable regulations and Statutes, showing the results of the survey. The Record of Survey shall be duly recorded with the Pima County Recorder's Office after approval by the City Surveyor.

Preparation of legal descriptions for acquisition or disposal of City property shall be accomplished to all State and local standards and approved by the City Surveyor.

A. The Consultant shall provide all work necessary for legal, ethical, and timely completion of any survey involving land boundaries. Each survey must conform to all Arizona statutes and the Minimum Standards for Arizona Land Boundary Surveys. The Consultant shall be responsible for review of the survey with the City Surveyor prior to approval of the survey. The Consultant shall also be responsible for recordation of the survey.

B. The Consultant shall perform any and all Survey work that may be required to prepare a legal description to be used for any purpose. Any survey work performed for this function shall be in compliance with the conditions set forth in this contract.

C. The Consultant shall provide additional survey services such as, but not limited to, engineering, right-of-way, and A.L.T.A. surveys in conjunction with Capital Improvement Projects as requested by the City Surveyor or designated representative. Such services shall commence during working hours of the second day following notification from the City.

PROPERTY SURVEYS

Consultant shall obtain all aerial and ground survey work necessary to establish horizontal and vertical controls including the existing utilities, existing construction, restrictions, easements and other rights

BUSINESS SERVICES DEPARTMENT Page 8 of 42 affecting the property. The survey and mapping shall extend a sufficient distance beyond the property boundaries for design purposes. The survey shall include benchmarks on City datum in the vicinity of proposed construction. The horizontal controls shall be tied to the City’s monumentation system.

REPORTS

The Consultant will prepare and submit written weekly progress reports on approved forms showing the progress of the construction work, as it relates to construction surveying and layout, and estimated progress anticipated during the next reporting period.

The Survey Crew Chief shall keep a written daily log showing the progress of construction layout consistent in detail and form with records kept by City of Tucson Engineering Survey Crews.

The Consultant's Survey Crew Chief shall verbally report to the City Surveyor, or designated representative, construction staking progress, conditions, and problems on a regular daily basis (more often if deemed necessary by the Consultant), in addition to providing written reports. All work activities of the Consultant's Survey Crew shall be coordinated with the Project Inspector where applicable.

TUCSON WATER SPECIFIC REQUIREMENTS

A. Provide a copy of all field survey notes for establishing horizontal and vertical control at the site.

B. Provide a listing of coordinates and elevations of all control points/panels. (Coordinate listing to be electronic and hard copy in ASCII, CR5, and XML formats)

C. Provide one reproducible 24” x 36” orthophoto mylar at the specified scale with one-foot contour intervals (white line) covering the project site and 50 feet beyond.

D. Provide electronic copies of AutoCAD 2009 or later digital files matching final plotted map sheets in the following format:

1. Topographic and planimetric features:

a. Overview-2d.dwg

b. Overview-3d.dwg

c. dtm.dwg

2. Aerial photo planimetric features:

a. sid format (1’ pixels or better)

b. sdw format (1’ pixels or better)

c. tiff format (1’ pixels or better)

3. Survey features:

a. break.points

b. grid.pts

c. spots.pts

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E. All right-of-way and section lines covered by the contour mylar(s) shall be plotted on the mylar(s).

F. The basis of the aerial and all elevations shall be based on Northings and Eastings of the state plane coordinate system.

PARKS AND RECREATION SPECIFIC REQUIREMENTS

GPS coordinates, both geodetic and state plane, shall be included for the location of all amenities or culture.

METHOD OF PAYMENT

In consideration of the performance of services, the City shall pay the Consultant a sum based upon the negotiated hourly rates and actual hours worked. These hourly rates shall be all inclusive, including but not limited to travel expense, overhead, profit and all other expenses incidental to the furnishing of a completely equipped survey crew and technical staff.

Any and all time charged by the Consultant Principal to the assigned project shall be as negotiated and agreed prior to any work by the Consultant Principal, except when the Principal is acting as the responsible registered Professional Land Surveyor in charge of a right-of-way survey or monumentation project, in which case the rate for a registered Professional Land Surveyor shall be utilized. It is the intent of the City that technical questions regarding preliminary surveying or construction staking be resolved by the City Surveyor or designated representative.

Overtime will be based on authorized work, by an overtime eligible individual performing work under the resulting contract(s), over 40 hours in a work week. A work week will be considered as starting at 12:00 a.m. on Sunday morning running until 12:00 midnight on the following Saturday. All overtime shall by approved in advance by the appropriate representative at a rate of one and a half times the regular hourly rate.

The City may make periodic payments toward services. The Consultant shall present an invoice on the prescribed City of Tucson form when services are approved for monthly progressive payments, and for final payment at 100% completion for each project assigned. Said invoice shall be submitted to the appropriate City representative within 45 days after the end of the Consultant's monthly billing period during which the services were rendered.

Each invoice shall show the names and job hours worked for each phase of a given project. In addition, each invoice must bear a written certification by an authorized City representative confirming the estimated professional services for which payment is requested. Final payment shall be conditioned upon all contractual services for specific projects having been performed and accepted by the City.

Progressive payments permitted under this contract shall be consistent with City procedures for processing requests for payment. Requests for payment for all work performed under the terms of this contract shall carry the project name, contract number, and other identification as required by the City.

The Consultant at monthly intervals may invoice the City for work done on each specific project and also indicate on the invoice the total amount charged to this contract.

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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 addenda thereto on behalf of the City.

May: Indicates something that is not mandatory but permissible.

Offeror: The individual, partnership, or corporation who submits a proposal in response to a solicitation.

Shall, Will, Must: Indicates a mandatory requirement. Failure to meet these mandatory requirements, if they constitute a substantive requirement, may, at the City’s sole discretion, result in the rejection of a proposal as non-responsive.

Should: Indicates something that is recommended but not mandatory. If the Offeror fails to provide recommended information, the City may, at its sole option, ask the Offeror to provide the information or evaluate the proposal without the information.

D.2. PRE-SUBMITTAL CONFERENCE

If scheduled, the date and time of a Pre-submittal conference is indicated 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 addenda to the Request for Qualifications. Oral statements or instructions will not constitute an addendum to this Request for Qualifications.

D.3. INQUIRIES

Any question related to the Request for Qualifications shall be directed to the Contract Officer. 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 11 of 42 to submit written questions via the Question and Answers section or 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.

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 qualification should include the signed Offer form, acknowledgement of any solicitation addenda and your response to all evaluation criteria.

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

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

E. It is the responsibility of all offerors to examine the entire Request for 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, all signed addenda, and the offeror’s response to the Evaluation Criteria. Failure to include the requested information may have a negative impact on the evaluation of the offeror's submittal

D.8. EXCEPTIONS TO CONTRACT PROVISIONS

A response to any Request for Qualifications is an offer to contract with the City based upon the contract provisions contained in the City's Request for Qualifications, including but not limited to, the specifications, scope of services and any terms and conditions. Offerors who wish to propose modifications to the contract provisions must clearly identify the proposed deviations and any proposed substitute language in their submittal. However, the provisions of the Request for Qualifications cannot be modified without the express written approval of the Director or his designee. Proposed modifications or exception to the indemnification language herein shall not be considered. If an offer is returned with modifications to the contract provisions that are not expressly approved in writing by the Director or his designee, the contract provisions contained in the City’s Request for Qualifications shall prevail.

D.9. PUBLIC RECORD

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

D.10. CONFIDENTIAL INFORMATION

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

D.11. CERTIFICATION

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

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

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

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

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

D.12. WHERE TO SUBMIT STATEMENT OF 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://procurement.opengov.com/portal/tucson-az.

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

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

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

WILL NOT BE CONSIDERED.

D.13. LATE SUBMITTALS

Late submittals will be rejected.

D.14. OFFER PERIOD

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

D.15. 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 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(s) 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(s), the City shall cease negotiations with that Offeror(s) and either begin negotiations with the third ranked Offeror(s) 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 https://procurement.opengov.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 Registration for Purchase Orders. Please note that email notifications of newly published solicitations and addenda will be provided to those vendors that select email as their preferred delivery method in their vendor record through the City's Online Bidding System.

D.18. CITY OF TUCSON BUSINESS LICENSE

In order to be eligible for award of a Contract, Offeror must:

A. Register with the City’s Business Services Department. Registration can be completed at https://procurement.opengov.com/portal/tucson-az.

B. Obtain a City of Tucson Business License or a written determination from the City's Business License Section that a license is not required. For questions contact the City's Business License Section at

(520) 791-4566 or email at 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 https://procurement.opengov.com/portal/tucson-az/contracts upon issuance of a Notice of Intent to Award or upon final contract execution.

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

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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;

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

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

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

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

BUSINESS SERVICES DEPARTMENT Page 16 of 42 all persons or firms on the short list. If a contract for construction services is entered into pursuant to this subsection, construction shall not commence until the City and contractor agree in writing on a fixed price or a guaranteed maximum price for the construction to be commenced.

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

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E. Selection Process

E.1. SELECTION PROCESS

The selection process is provided below:

• 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. 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. 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.3. 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.4. 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.

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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.

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.5. 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.6. 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.7. 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 SBE Program Provisions in Attachments section.

F.8. 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/ and click on Cooperative Contracting Program 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.9. 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.tucsonprocurement.com/ 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.10. 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.