ON_CALL_STRUCTURAL_ENGINEERING_DESIGN_SERVICES_(Addendum_#1_Revision).pdf

CITY OF TUCSON

REQUEST FOR QUALIFICATIONS

230099

ON CALL STRUCTURAL ENGINEERING DESIGN SERVICES

Due Date: Friday, April 14, 2023

City of Tucson

255 W Alameda St

Tucson, AZ 85701

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

Public Portal https://secure.procurenow.com/portal/tucson-az/projects/35768

PUBLISH DATE: March 24, 2023 https://secure.procurenow.com/portal/%7Bproject.government.code%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D

CITY OF TUCSON REQUEST FOR QUALIFICATIONS NO. 230099

BUSINESS SERVICES DEPARTMENT Page 2 of 50 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Olga Culp

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-3801

Attachments:

A - OFFER AND ACCEPTANCE.RFQ

B - SBE Program Provisions C - DBE Program Provisions D - HUD-5369 (as of 06.06.2022) E - HUD Section 3 Clause (Updated FY23) F - FTA_Terms_and_Conditions (6) G - HUD-5370-C1 (as of 06.06.2022) H - HUD-5369-B (as of 06.06.2022) I - HUD-5369-A (as of 06.06.2022)

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A. NOTICE OF REQUEST FOR QUALIFICATIONS

A.1. City of Tucson

NOTICE OF REQUEST FOR QUALIFICATIONS NO. 230099

ON CALL PROFESSIONAL SERVICES FOR ON CALL STRUCTURAL ENGINEERING DESIGN

SERVICES

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 Three (3) Firms to provide On-Call Structural Engineering Services . 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 $50,000.

Individual projects not to exceed $250,000however typical projects are under $5,000. 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.Three (3) firms will be selected.)

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

SUBMITTAL DUE DATE: Friday, April 14, 2023 AT 2:00 pm LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE:Tuesday, April 4, 2023

TIME: 10:00 am

LOCATION: https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTJjNDBkMGItYjBkMC00YmJiLWFjMGItZTQ0MDNjODFjZmY0%40thread.v2/0?

context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22add2f19c-51c5-40c6-a494-1e7e841652ba%22%7d

QUESTIONS SHALL BE DIRECTED TO: Olga Culp

(520) 837-3801 olga.culp@tucsonaz.gov

Publication Dates:Friday, March 24, 2023 and Friday, March 31, 2023 published in The Daily Territorial

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B. INTRODUCTION

B.1. Summary

The City of Tucson (COT) is conducting a competitive one-step process to retain up to three (3) Consultants to provide On-Call Structural Engineering Design Services. Typical project design fees are anticipated to be in the range of one thousand dollars to seventy-five thousand dollars ($1,000 - $75,000). Individual projects shall not exceed two hundred and fifty thousand dollars ($250,000).

The selected Consultant(s) will provide structural design services 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. The Consultant(s) may be required to do small tasks or be responsible of seeing a project to full completion. The Consultant(s) may be the responsible party for coordinating the design and all parties needed for the project. Consultant must follow the General Services Department (GSD), Architecture and Engineering (AE) Division’s Project Manager’s Manual and Standards both of which are available at the following website; https://www.tucsonaz.gov/gs/architecture-engineering.

The following is a list of typical anticipated services that may be, but not limited to be performed:

1. Building modifications and remodels

2. Building additions

3. Miscellaneous studies and estimates

4. Inspections for structural integrity and soundness

5. Structural damage assessments

6. Construction cost estimating

7. Structural calculations

8. Shop drawing review

9. Special Inspections

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10. Review and critique of designs and construction documents.

11. Preventive maintenance recommendations

12. Field investigations of existing conditions

13. Preparation of field reports.

14. Building construction, modifications, remodels, and additions

15. Feasibility Studies

16. Preparation of a Schematic Design Summary to include code research and review of structural options, with cost estimates.

17. Prepare presentations and lead meetings as required

18. Completion of Design Development Documents for the structural and related disciplines coordination and review.

19. Preparation of Bid and Construction Documents

20. Final itemized Construction Cost Estimates

21. Obtain Permits

22. Provide services during bidding and bid review

23. Prepare and issue clarification to bid documents

24. Review submittals by contractors for compliance with Construction Documents

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25. Review of Shop Drawings

26. Field review

27. Construction Administration

28. Progress Reports and meeting minutes required by project

29. Review and approval of Contractor Application for Payment.

30. Witness systems test, system operation, conduct field inspections to ensure compliance with approved drawings and specifications

31. Prepare support and supplemental documentation and data for Change Orders, as requested

32. Assist in the preparation of completion reports including review of record drawings operations manual and warranty

B.2. Background

The specific services being furnished during the life of this Contract shall be rendered by Engineers registered to practice in their particular field of endeavor within the State of Arizona. The services shall be rendered promptly and diligently upon receipt of written Notice to Proceed. If required for special inspections personnel shall be properly trained, certified or licensed.

B.3. Contact Information

Olga Culp Contract Officer 255 W Alameda St Tucson, AZ 85701 Email: olga.culp@tucsonaz.gov Phone: (520) 837-3801 Department:

EGSD

mailto:olga.culp@tucsonaz.gov tel:(520)837-3801

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C. SCOPE OF WORK

C.1. GENERAL INFORMATION

A. The services being completed during the life of this Contract shall be rendered by Engineers registered to practice in their particular field of endeavor within the State of Arizona. The professional and associated services provided shall be rendered by personnel pre-approved by the City, which reserves pre-approval rights for any personnel substitutes, and shall be rendered promptly and diligently upon receipt of written Notice to Proceed with any or all of the services herein.

B. Consultant shall be responsible for the completeness and accuracy of all services rendered under this Contract; and shall correct all errors of omission or commission on the drawings, specifications and other documents not withstanding prior acceptance by the City. Consultant shall be available to accept new jobs for the City on an as-needed basis and be able to meet strict deadlines for the completion of those jobs as presented in the City issued Notice-To- Proceed.

C. Record Drawings: Consultant shall furnish the EGSD AE Division one (1) set of electronic files in both CAD and PDF formats of the final detailed working drawings which reflect “as-built” conditions within thirty days of the Consultant’s receipt of the as-built drawings from the Contractor. These “as-built’, Record drawings shall be prepared and provided to the City in accordance to the directions provided by the AE project manager.

D. Submittal Requirements: All submittals made under this contract shall be in accordance with the latest version of the GSD AE Division Design and Construction Standards. The Consultant shall develop a Submittal Log and include the Log in the Specifications.

E. If any work specified in the Scope of Professional Services is not commonly done by the Engineer, it shall be identified by the Consultant, and sub-consultant to provide complete services.

C.2. REQUIREMENTS FOR EACH INCREMENT OF SERVICE (PROJECT)

A. Consultant shall prepare a not to exceed fee proposal for the completion of each Project. The service proposal shall be approved by the City’s Project Manager prior to your proceeding. The proposal shall have a breakdown by design task and discipline and by sub-consultant.

Reimbursables and any allowances shall be identified.

B. Proposals shall include an estimated date of completion or a proposed number of consecutive calendar days (CCDs) for completion. Firm(s) that have had their proposal(s) selected for award will receive a Notice-To-Proceed letter with the project start and a project completion date or the number of CCDs for completion; and any applicable per-day Liquidated Damage (LDs) amounts. Failure to complete the contracted services within the specified contract period may result in the City taking steps toward contractual corrective action and could impact future project awards.

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C. On occasion, the City may require a shorter response time than normal due to the quick turnaround or emergency nature of the project. It is anticipated that Consultant will have sufficient resources at their disposal in order to meet the required deadline.

D. The City’s Project Manager shall review the proposal presented by your firm, and if complete and acceptable, issue a written Notice to Proceed. The proposal shall become a part of this contract and all services provided under the proposal shall be done in accordance with the covenants and conditions of this Contract. The approved proposal fee amount for the services required shall be a not-to-exceed amount. Upon receipt of the Notice to Proceed, the Consultant shall begin the work in accordance with the NTP’s specified project services start date.

E. The project proposal shall include all services for design and construction administration, if applicable, and shall include all additional services and reimbursable expenses. The City is not responsible for any Consultant fees over and above the amount pre-approved on the written Notice to Proceed for each individual project. Any additional fees or costs shall be formally requested as an amendment. The requested change must be fully documented and justified for the review and approval of the City Contract Representative, who must also obtain approval from the City’s Procurement department prior to issuing an amended Notice to Proceed.

F. Confirmation of the Project Requirements shall be accomplished by the Consultant scheduling Pre-Design conferences with the Project Manager and all other interested parties to confirm the project requirements. The Project Management Team may include, but is not limited to, the following:

1. User Department Project Manager

2. User Department Director or designated alternate

3. AE Division Project Manager

4. User Department Design Team

5. Office of Environmental Management

6. Planning and Development Services

7. Procurement Contract Office

G. Consultant shall prepare a preliminary estimate of the Cost of the Work, updated and refined as the design process progresses, and evaluated against the project budget in order to keep costs within budget while accommodating project needs.

C.3. WORK SCHEDULE

A. Refer to GSD AE Division Project Manager’s Manual for the Design Phases.

B. Consultant shall prepare a work schedule in a format that shall present information in monthly increments as required for the accomplishment of the various tasks involved in providing professional services under this Contract and will include but is not limited to the following:

1. The events which will satisfy each of the professional services.

2. The dates each event will start and be completed.

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3. The dates of each public meeting and design review meetings.

4. The elements that will hinder normal progress.

5. The names of persons responsible for each event.

C.4. SCHEDULE 1 - BASIC DESIGN SERVICES

A. Refer to GSD AE PM Manual for detailed descriptions of what is expected for each design phase described below.

1. Schematic Design: Essentials of the approved Project requirements document shall be carefully analyzed and be in compliance with regulations and codes studied by the Consultant. Consultant shall prepare and present schematic design drawings together with general description of the Project, and proposed construction materials, as may be necessary to illustrate possible design solutions to the Project Manager who will arrange for reviews, conferences, and acceptance.

a. The Schematic Design submittal shall indicate the area(s) in which construction is proposed, along with the requirements for soils investigations prepared by the structural engineer for the Design Development phase. Consultant shall submit an opinion of probable construction costs based on current costs for similar construction.

2. Design Development: The Design Development phase will proceed after written acceptance by the City Project Manager of the Schematic Design. Consultant will proceed with the Design Development, and prepare documents as required to firmly fix the Project in all its technical design essentials. Consultant will prepare a site plan, provide an outline specification to establish the basic materials of construction, prepare a summary of the design features and an itemized construction cost estimate to enable the Project Manager to appraise the economic value of the Project design to the City. Consultant shall submit these items in one package to the Project Manager for review and acceptance.

3. Construction Documents: The Construction Documents phase will proceed after written acceptance of the Design Development package by the Project Manager. Consultant will proceed with the Construction documents as follows:

a. Prepare working drawings and specifications for the construction of the facilities described in the accepted Design Development documents. Consultant shall leave room on all drawings in the bottom right-hand part of each sheet for plan approval stamps.

b. Complete detailed working drawings and specifications. All final documents shall be prepared by such methods and be of such quality of workmanship as will permit the making of satisfactory reproductions for efficient execution of the construction work and for record purposes.

c. Stipulate the number and types of material and/or equipment tests as formally approved by the Project Manager.

4. Complete a Code Review Analysis, Building Permit Application and Plan Review Record for submission to the City of Tucson Planning and Development Services Department, and obtain approvals and permits from all governmental authorities having jurisdiction over the

BUSINESS SERVICES DEPARTMENT Page 10 of 50 project upon acceptance of the final plans, specifications and supporting documents by the Project Manager. Consultant is obligated to closely monitor and follow-up on the Building Permit application (plans, specifications, and supporting documents) as required to ensure the application does not expire by limitation (IBC Section 105.3.2 as amended by the City of Tucson). Consultant shall request an extension of the time for action on the application, if necessary, to comply with the expiration of plan review limitation. Consultant will be responsible for making modifications to the plans, specifications and supporting documents as required to obtain all required building permits.

B. Prepare an opinion of the probable construction costs for the base bid and alternates to the base bid when final designs, details, working drawings and specifications are accepted by the City.

1. Evaluation of Budget and Cost of the Work:

a. When the Project requirements have been sufficiently identified, the Consultant shall prepare a preliminary estimate of the Cost of the Work. As the design process progresses through the end of the preparation of the Construction Documents, the Consultant shall update and refine the preliminary estimate of the Cost of the Work. The Consultant shall advise the Project Manager of any adjustments to previous estimates of the Cost of the Work indicated by changes in Project requirements or general market conditions. If at any time the Consultant’s estimate of the Cost of the Work exceeds the Project budget, the Consultant shall make appropriate recommendations to the Project Manager to adjust the Project’s size, quality or budget, and the Project Manager and the Using Department shall cooperate with the Consultant in making such adjustments.

2. Evaluations of the Project budget, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Consultant represent the Consultant’s judgment as a design professional familiar with the construction industry. It is recognized, however, that the Consultant, the Project Manager and/or the Using Department have no control over the cost of labor, materials or equipment, over the Contractor’s methods of determining bid prices, or over competitive bidding, market or negotiating conditions.

3. In preparing estimates of the Cost of the Work, the Consultant shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Project budget for the Cost of the Work. If an increase in the Contract Sum occurring after execution of the Contract between the City and the Contractor causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly.

4. If bidding or negotiation has not commenced within 90 days after the Consultant submits the Construction Documents to the Project Manager, the budget for the Cost of the Work may be adjusted to reflect changes in the general level of prices in the construction industry.

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5. If the budget for the Cost of the Work is exceeded by the lowest bona fide bid or negotiated proposal, the Project Manager and Using Department may:

a. Give written approval of an increase in the budget for the Cost of the Work; or

b. Authorize rebidding or renegotiating of the Project within a reasonable time;

c. Cooperate in revising the Project scope and quality as required to reduce the Cost of the work; or

d. Terminate in accordance with contract provisions contained in Standard Terms and Conditions.

6. If the City chooses to proceed under Clause 4.2.5.4, the Consultant, without additional compensation, shall modify the documents for which the Consultant is responsible under the Contract as necessary to comply with the budget for the Cost of the Work.

7. The Consultant is required to obtain written approval for all necessary permits for construction.

C.5. SCHEDULE II - SERVICES DURING BIDDING AND CONSTRUCTION

A. Consultant agrees to render the following professional services promptly, diligently and in accordance with GSD AE Division PM Manual upon receipt of written Notice to Proceed with the services in Schedule II herein:

1. Construction Contract Administration: The Construction Contract Administration phase will proceed after receipt of written acceptance by the Project Manager of the construction documents. Consultant shall provide administration of the construction contract between the owner and the contractor as set forth below and in the general conditions of the construction contract. Consultant shall:

a. Print and distribute contract documents to bidders, issue addenda following approval by the PM, and review requests for approval of alternative products.

b. Assist in obtaining competitive bids and in the analysis and evaluation of the bids or proposals received for the award of a construction contract based upon the plans and specifications completed under this Contract.

c. Serve as the Construction Administrator providing day-to-day administration of the Construction Contract; act as the agent of the City to the extent provided in the Construction Contract documents, hereby incorporated by reference; and advise and consult with the Project Manager concerning the progress and quality of the work.

d. Consultant shall prepare minutes of all meetings attended and supply the Project Manager and Contractor with a typed copy within three working days. (Contractor shall also maintain and distribute minutes of all meetings.)

e. Consultant shall provide advice and consultation on the interpretation of the plans and specifications and in response to any questions which may arise before and during the course of construction and until 60 days after the Project receives final acceptance by the City.

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f. Consultant shall review all shop drawings, working drawings, sketches, product details, samples, etc., submitted by Construction Contractor(s) or suppliers of material and equipment for conformance with Project design and compliance with the construction documents. Consultant shall maintain a record of, and copies of, submittals supplied by the contractor and will provide one copy to the Project Manager at completion of the Project.

g. Consultant shall prepare such supplemental drawings and Change Orders with supporting documentation and data as deemed necessary for the City’s approval and execution. Consultant shall not authorize the Construction Contractor(s) to proceed with any change in the Project without a written, fully executed Change Order. Consultant may authorize minor changes in the work which involve neither additional costs nor extensions of time and which are not inconsistent with the intent of the Construction Documents but are rather an interpretation, correction for field conditions, or clarifications.

h. Consultant shall be responsible for the completeness and accuracy of all services rendered under this Contract and correct all errors of omission or commission on the drawings, specifications and other documents notwithstanding prior acceptance by the City.

i. Consultant shall assist in preparation of completion reports including Certificate of Substantial Completion, punch list and record (as-built) drawings, administer all Requests for Information and preparation of Change Orders, Consent of Surety, and evaluate the Construction Contractor’s payment requests.

j. Consultant shall coordinate owner training in equipment and facility operation.

2. Field Administration:

a. Field administration shall be furnished by the Consultant and Sub-Consultants for the construction of the Project, until sixty days after final acceptance by the City. Consultant shall make not less than weekly periodic visits to the site so as to be thoroughly familiar with the progress and with the quality of the Work and to determine whether, in Consultant’s opinion, all phases of the Work conform with the Construction Documents and the most recently revised and approved operational schedule. If used, Sub- Consultants shall make periodic visits to the site to thoroughly familiarize themselves with the progress and with the quality of the Work and to determine whether, in their opinion, all phases of the Work conform with the Construction Documents and the most recently revised and approved operational schedule. On the basis of the Consultant’s on-site observations, Consultant shall immediately inform the City of defects and deficiencies observed in the executed work of the Construction Contractor.

b. Consultant shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Construction Contractor’s work but shall make such on-site observations which are commensurate with the progress of the Project.

c. Consultant shall schedule and conduct weekly meetings to discuss construction progress and construction administration issues, verify work schedules and notify the Project Manager of any possible problems and/or conflicts. Consultant shall prepare and distribute meeting minutes and weekly progress reports in an approved form

BUSINESS SERVICES DEPARTMENT Page 13 of 50 showing the progress of the construction work, outlining any miscellaneous items and site issues that happened throughout the week, reporting the justifications for deviations from the current, approved operational schedules, if any, and the estimated progress during the next reporting period.

d. Consultant shall conduct any additional meetings and/or site visits as required to deal with critical issues throughout construction that may affect the project.

e. Consultant is required, on a weekly basis, to review the Contractor’s as-built set of drawings, verify they are current, report discrepancies to the City and help resolve any discrepancies.

f. Consultant shall maintain a diary recording observations of the activities related to the Project including weather conditions, nature and location of work being performed, equipment on site, trades on site, materials stored on site, problems encountered, work accomplished, and verbal instructions and interpretations given to the Construction Contractor. The diary shall be available for review by the Project Manager and will be provided to the Project Manager upon completion of construction. Consultant shall photograph any possible problems and/or conflicts and maintain an on-going, 3-ring binder of the photographs labeled with dates, who the problem/conflict was discussed with, and what the problem or issue is. Alternatively, copies of photos and documentation of issues may be saved in an electronic format.

g. Consultant shall submit, when their phase of the Work is in progress, weekly progress reports for the civil, structural, mechanical, electrical, landscape, irrigation and other special phases of the construction signed by the professional(s) responsible for the design of these elements. Consultant shall furnish signed copies of each weekly and periodic progress report to the Project Manager promptly.

h. Consultant shall prepare and maintain a log and copy of all final, approved Submittals, Requests for Information, Change Orders, Proposal Requests and Supplemental Instructions, testing and inspections, and pay applications; and shall assemble (from the Contractor) maintenance agreements for the warranty period, review for completeness, and provide to the City. Consultant shall also provide to the City copies of all final, approved submittals.

3. Materials And Equipment Testing: The Project Manager may provide an independent testing agency to make investigations and tests which have been previously authorized by the Project Manager to safeguard compliance with the contract documents. Consultant shall prepare and maintain a project testing log and will immediately report by fax or email all non-conformities of materials, equipment and workmanship to the Project Manager, again within three (3) days after the observation and then after the correction is made.

Consultant shall also review, approve and forward to the City, all pay applications from the testing agency.

4. Payments For Construction: Consultant shall review requests by the Construction Contractor for partial and final payments for all phases of construction, issue certification for payment and maintain a record of Contractor payment applications.

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5. Certificate Of Substantial Completion: Consultant shall prepare the Certificate of

Substantial Completion, punch list report and a recommendation for acceptance of the Project.

6. Duration Of Construction Contract Administration Services: The Consultant shall provide basic Construction Contract Administration services until sixty days after final acceptance by the City. Consultant shall provide services as required to meet final Completion and shall coordinate permanent utility hook-up. Consultant shall conduct a warranty review of the project just prior to the end of the warranty period as provided in the construction contract.

C.6. ADDITIONAL SERVICES

A. Consultant may be requested to include the following services:

1. Quantity Take-Off Cost Estimates

2. Presentation Media: The Consultant shall provide presentation media of the subject facilities to convey the proposed design for the Project. The presentation media shall be of a size and scale agreed to between the Consultant and the Project Manager, and the completed presentation media shall be subject to the approval of the Project Manager. The allowance for presentation media shall include funds for providing photographs of the final product.

3. Printing: An allowance will be provided for the reproduction of copies of the Architectural Design Program, Schematic Documents, Design Documents; and copies of the final Construction Documents;

4. Travel Costs And Expenses: An allowance will be provided for expenditures made by the Consultant or his employees in the interest of the Project for transportation and living when traveling out of Tucson in connection with the Project and overnight mailings. All such travel shall be at the City’s established per diem rates and shall have the prior approval of the Project Manager.

5. Public Meetings: Consultant shall participate with the City, and be available for, public meetings dealing with this Project that may require presentation of the proposed facility design and its potential impact on the surrounding area.

6. Online File Transfer: Consultant shall have the ability to share large files by using a secure, online, file transfer protocol. The Consultant shall post contract documents online for retrieval at all times by the Sub-Consultants, Project Manager, and selected individuals associated with the project. The Consultant shall post the revised documentation on a basis consistent with the progress of the work.

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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 16 of 50 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 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 addenda acknowledged, 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/portalucson-az.

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

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

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

WILL NOT BE CONSIDERED.

D.13. LATE SUBMITTALS

Late submittals will be rejected.

D.14. OFFER PERIOD

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

D.15. 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/portalucson-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/portalucson-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 http://secure.procurenow.com/governmentsucson-az/contracts upon issuance of a Notice of Intent to Award or upon final contract execution.

mailto:license@tucsonaz.gov

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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 21 of 50 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 Four (4) additional one-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…