Professional_Services_for_Major_Capital_Improvement_Projects-_FTA.pdf

CITY OF TUCSON

REQUEST FOR QUALIFICATIONS

226083

PROFESSIONAL SERVICES FOR MAJOR CAPITAL IMPROVEMENT

PROJECTS- FTA

Due Date: Wednesday, June 29, 2022

City of Tucson

255 W Alameda St

Tucson, AZ 85701

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

Public Portal https://secure.procurenow.com/portal/tucson-az/projects/20975

PUBLISH DATE: June 1, 2022 https://secure.procurenow.com/portal/%7Bproject.government.code%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D

CITY OF TUCSON REQUEST FOR QUALIFICATIONS NO. 226083

BUSINESS SERVICES DEPARTMENT Page 2 of 41 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Maritza Felix

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

Attachments:

A - OFFER AND ACCEPTANCE.RFQ

B - 226083 DBE Program Provisions C - 226083 FTA Terms & Conditions

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A. NOTICE OF REQUEST FOR QUALIFICATIONS

A.1. City of Tucson

NOTICE OF REQUEST FOR QUALIFICATIONS NO. 226083

ARCHITECTURAL AND ENGINEERING PROFESSIONAL SERVICES FOR Professional Services for Major Capital Improvement Projects- FTA

Notice is hereby given that the City of Tucson, hereinafter referred to as "COT" is conducting a competitive One-Step Process to retain ONE (1) Firm(s) to provide Professional Services. The City is seeking firms (hereinafter referred to as “Consultant”) to provide consultant services in the form of a multi-disciplinary team.

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.ONE FIRM will be selected.)

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

SUBMITTAL DUE DATE: Wednesday, June 29, 2022 AT 2:00 pm LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE: Tuesday, June 14, 2022

TIME: 11:00 am

LOCATION: Virtual Team Meeting https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjI4NWU0ZDItMmIxMC00MjYzLThkNmYtMTQ2MzMwNTM3MTFh%40thread.v 2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d Call in #: 1-213-293-2303 Conference ID#: 777 727 509#

QUESTIONS SHALL BE DIRECTED TO: Maritza Felix

PHONE NUMBER: (520) 837-4107

EMAIL ADDRESS: maritza.felix@tucsonaz.gov

Publication Dates: Monday, June 6, 2022 & Monday, June 13, 2022 published in The Daily Territorial

Posted Date: Wednesday, June 1, 2022 published/posted in OpenGov Procurement

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B. INTRODUCTION

B.1. Summary

The City of Tucson (City) is requesting consultant qualifications to develop and prepare two Major Capital Investment Projects (MCIP) for entry into the FTA Capital Investment Grant (CIG) program.

This project is funded by the Federal Transit Administration (FTA) and any contract issue pursuant to this solicitation will be subject to the FTA Terms and conditions contained herein.

B.2. Contact Information

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

Transportation & Mobility mailto:maritza.felix@tucsonaz.gov tel:(520)837-4107

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C. SCOPE OF WORK

C.1. Introduction

The introduction of the Sun Link Modern Streetcar in 2014 opened a new chapter for Tucson by providing a catalyst for renewed development and mobility options between downtown and the University of Arizona. As Sun Link approaches its eighth anniversary, ridership on the system continues to grow and development in the downtown area is on-going. Building on this momentum, the Tucson community looks forward to a city that honors its history and heritage while embracing change to become more resilient in the face of climate challenges and provide more opportunity for a growing and diverse population with a variety of mobility needs.

The recently finalized Complete Streets policy and Move Tucson transportation master plan set the vision and framework for the evolution of the community’s transportation options by “working together to create a mobility future that reduces barriers and enables opportunities for all of us by increasing transportation choices, improving safety, and investing in the infrastructure we already have.” A key concept of Move Tucson plan is the need to increase travel options for short trips to reduce strain on city streets. With the anticipation of both an 11 percent growth in population and a 32 percent growth in jobs, the Tucson community has a unique opportunity to bolster its current successes and expand the vibrancy visible in the downtown area.

Technical analysis completed in 2017 and published in the Pima Association of Governments (PAG) High-Capacity Transit Implementation Plan (HCTIP) studied the feasibility of developing new high-capacity transit services in several key corridors. The HCTIP divided the projects into streetcar and bus rapid transit technologies and evaluated each project using several criteria. Three viable corridors that emerged during the study include Oracle Road from Tucson Mall to downtown, Stone Avenue from Tucson Mall to downtown, and South 6th Avenue from downtown to Irvington Road.

In June 2020, the City of Tucson was awarded a Federal Transit Administration (FTA) Grant under the Pilot Transit-Oriented Development (TOD) Planning Program. This study draws from the HCTIP and other local land-use plans and policies to develop a strategic plan for a 15-mile north-south regional corridor that “runs through areas of (the) city that have been historically under-invested, with a particularly high concentration of low-income communities of color and mobility-vulnerable residents that face the greatest transportation barriers due to age, poverty, disability, lack of vehicle access, and other factors.” The study, renamed as Tucson Norte-Sur, is primarily a land-use planning effort developed on the principals of Equitable Transit-Oriented Development (eTOD). Tucson Norte-Sur is not a transit capital or operational study, but instead engages the community to develop a vision for Tucson’s future direction.

C.2. Scope of Work

OVERVIEW

The City of Tucson (City) is requesting consultant qualifications to develop and prepare two Major Capital Investment Projects (MCIP) for entry into the FTA Capital Investment Grant (CIG) program. The Consultant will assist the city in developing:

• one fixed-guideway project eligible under the New Starts program and

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• one corridor-based Bus Rapid Transit (BRT) project eligible under the Small Starts program.

This Scope of Work encompasses guiding both MCIPs through successful entry and completion of the Project Development (PD) phase of the CIG process. Both projects will be developed consistent with FTA regulations, policies, and guidance as described in 49 U.S.C. §5309, 49 CFR Part 611, and with the Final Interim Policy Guidance Federal Transit Administration Capital Investment Grant Program (June 2016) (CIG Policy Guidance), as well as all amendments to regulations and guidance recently introduced by the Infrastructure, Investment, and Jobs Act (IIJA) under Section 30005. Any federal requirements not explicitly included in this Scope of Work are incorporated here by reference.

Under the law, New Starts and Small Starts MCIPs have different paths and requirements to complete prior to being recommended by FTA for inclusion in the Annual Report on Funding Recommendations.

The Contractor will be responsible for specific tasks (described in the Project Phasing section below) and for any other work needed to complete the Project Development (PD) process for both MCIPs as defined in the CIG Policy Guidance.

This includes but is not limited to development of:

• Draft project timelines

• Background data needed to strengthen the projects

• Anticipated costs to complete PD

• Environmental review as required under the National Environmental Policy Act (NEPA)

• Selection of a Locally Preferred Alternative (LPA)

• Sufficient project information for FTA to develop a project rating

The IIJA introduced new eligibility under the CIG program described as “project bundles.” Proposed Initial Changes to CIG Policy Guidance (March 2022) outlines how a project sponsor may seek entry of a bundle of CIG projects into PD. The Contractor shall propose whether the MCIPs should be submitted in a project bundle, however, a final determination will be made during the Pre-Project Development phase as described below.

This Scope of Work outlines required tasks that shall be included in a proposal. While scope tasks are required, successful Contractors should recommend additional/alternative tasks where applicable to strengthen the MCIPs. Additionally, Contractors should anticipate working closely with City staff throughout the process to refine task specifics. The Contractor selected for this project will have a high level of experience performing similar work and should have experience interacting with both regional and national FTA offices.

C.3. Study Area

The 15-mile north-south regional corridor from Tucson Mall to Tucson International Airport (TIA) currently under study by the Tucson Norte-Sur project will be the primary focus of this scope of work.

However, the development of the New Starts and Small Starts MCIPs will be independent of the Norte- Sur project to meet the requirements of the CIG process. Consideration must be given to the development of alternatives as required under 102(2)(E) of NEPA. Accordingly, the LPA for both MCIPs will be selected during the PD process. Figure 1 below shows the corridor currently under study by the Tucson Norte-Sur project.

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C.4. Project Phasing

Development of both projects will be divided into two phases corresponding to the PD process. The two phases will be sub-divided into tasks with associated deliverables. Phase One will consist of activities and assessments meant to evaluate and prepare both MCIPs for entry into PD. Phase Two will consist of all required activities to conclude PD for both MCIPs and prepare the New Starts MCIP for entry into the next CIG phase, Engineering. While the Phases and Tasks are listed discretely below, some overlap between the Phases and Tasks may be necessary to meet requirements in the CIG process. The two phases and corresponding tasks are:

Phase One - Pre-Project Development

Task 1. Project Management Plan

Task 2. Review and Update Study Area Background Data

Task 3. Assess Preliminary Project Evaluation Criteria

Task 4. Prepare Projects for Entry into Project Development

Phase Two - Project Development

Task 5. Environmental Review

Task 6. Public Involvement

Task 7. Alignment and Technology Alternatives Evaluation

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Task 8. Prepare New Starts Project for Entry into Engineering

PHASE ONE – PRE-PROJECT DEVELOPMENT

Task 1 - PROJECT MANAGEMENT PLAN

The Consultant will prepare two (2) Project Management Plans (PMP), one for each MCIP, containing a revised and expanded scope of work and detailing all processes and work products necessary to meet FTA requirements for entry into and completion of the PD phase of the CIG. The PMP for the New Starts project will also contain a section detailing preparation for entry into the Engineering phase of the CIG process. Both PMPs will be developed in consultation with City staff. Changes to the PMPs should be anticipated with necessary revisions applied during the PD phase.

The PMPs will also include an administrative program, cost control procedures, quality assurance procedures, and a communication and information distribution structure to manage both project budgets and timelines.

Deliverable: Two Project Management Plans, one for each of the MCIPs.

Task 2 - REVIEW AND UPDATE STUDY AREA BACKGROUND POLICIES AND DATA

The Consultant will review and recommend revisions and updates to all background information needed for successful entry of projects into New Starts and Small Starts Project Development phases. This will include an analysis of all current planning and policy documents, all current zoning, incentive overlay districts, or other regulatory mechanisms, current transit service details, and any anticipated planning processes that could affect or pertain to the project corridors.

Deliverable: Task 2 Working Paper detailing policies and data reviewed and recommendations for revisions and updates based on analysis.

Task 3 – ASSESS PRELIMINARY PROJECT EVALUATION CRITERIA

Project sponsors seeking CIG funding must have eligible projects evaluated and rated by FTA according to criteria set forth in law. CIG Policy Guidance describes the guiding principles, project justification criteria, and evaluation of local financial commitments used to construct overall ratings of projects as they move through the CIG process.

Due to the time constraints imposed on New Starts projects once entered into the Project Development phase, it will be important to evaluate existing studies, policies, zoning, financing strategies, and other relevant measures to enhance project competitiveness. Work developed under Task 2 will be used for this purpose. It will also be necessary to determine what, if any, serious flaws may exist and propose mitigation strategies if needed. The evaluation should adhere as closely as possible to the evaluation methods described in the CIG Policy Guidance.

The Consultant will conduct a preliminary evaluation of existing conditions on the two project corridors using the project justification criteria as described in the CIG Policy Guidance. This will include an evaluation of:

• Land Use

• Cost Effectiveness

• Mobility Improvements

• Congestion Relief

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• Environmental Benefits

• Economic Development

The Consultant will also conduct a preliminary evaluation of local financial commitments to determine the availability of:

• Reasonable contingency amounts

• Stable capital and operating funding sources

• Local resources to recapitalize, maintain, and operate the existing and proposed transit system without requiring a reduction in existing services

Deliverable: Task 3 Working Paper explaining the methods used to evaluate the projects using the justification criteria and evaluation outcomes for each of the subject areas. The Working Paper will include an initial rating simulating the outcome of an FTA review and detailing areas for improvement during PD.

Task 4 - PREPARE PROJECTS FOR ENTRY INTO PROJECT DEVELOPMENT

CIG Policy Guidance details information needed by FTA to admit a potential MCIP into PD. The Consultant will review all requirements and develop all information needed for entry of both MCIPs into PD. New Starts and Small Starts have different requirements for the PD process. Primarily, New Starts projects must complete the PD phase within two years of entering the program and must submit a timeline demonstrating completion of the readiness requirements for entry into the Engineering phase of the CIG process.

If Tasks 2 and 3 demonstrate that Environmental Review of either MCIPs needs to begin prior to PD, the Consultant will coordinate with city staff and FTA to determine if a formal NEPA process should begin prior to entry into PD or, if not, what level of analysis and/or stakeholder involvement should be conducted. Depending on the determination, portions of the Tasks under Phase Two may need to be completed prior to PD.

Deliverables:

1. Task 4 Working Paper detailing all required elements and work completed for both MCIPs to obtain entry into PD. The Working Paper will include a checklist of all required PD elements and timeline for completing all required PD activities.

2. A draft letter addressed to the FTA Associate Administrator for Planning and Environment that includes all necessary elements as detailed in the CIG Policy Guidance.

PHASE TWO – PROJECT DEVELOPMENT

Tasks 5, 6, and 7 will be conducted for both MCIPs as needed to advance the projects through PD.

Task 8 will apply only to the New Starts project.

Task 5 – ENVIRONMENTAL REVIEW

Environmental review as prescribed by NEPA will be conducted to determine what level of analysis will be required for each MCIP. The Consultant will need to coordinate with FTA Region IX to confirm the required NEPA clearance for each project. Regardless of the level of analysis needed, the Consultant will follow all requirements under NEPA to obtain a final FTA environmental decision. Should an Environmental Assessment (EA) or Environmental Impact Statement (EIS) be required, Tasks 6 and 7

BUSINESS SERVICES DEPARTMENT Page 10 of 41 below will be incorporated into the Environmental Review to the extent necessary to satisfy the NEPA process. FTA maintains a list of Environmental Standard Operating Procedures on their website.

Task 6 - PUBLIC INVOLVEMENT

In consultation with City staff, the Consultant will prepare a Public Involvement Plan (PIP) detailing:

1. Public involvement needed to satisfy the requirements of the Environmental Review process

2. Additional public involvement to build consensus among project stakeholders

The PIP will indicate which activities are needed to satisfy the Environmental Review process to allow prioritization of those tasks. A successful PIP will solicit and encourage input from a broad range of stakeholders including communities in the study area, local businesses, regional governance partners, and elected officials. The PIP will also include measures to ensure the involvement and consultation of Title VI, Environmental Justice, and Historically Disadvantaged populations.

Unless required by the Environmental Review process, the PIP should not duplicate the work completed by the Tucson Norte-Sur project. As the Tucson Norte-Sur project is primarily a land use study, the PIP will focus on collecting public involvement data specific to MCIP development and incorporating outcomes from Tucson Norte-Sur where applicable.

The number, type, location, and timing of public meetings will be developed with City staff once FTA has made a determination on the level of environmental analysis needed.

The PIP shall include but not be limited to:

• Development of a project database of stakeholders, businesses, and affected property owners

• A timeline and schedule for completion of all public involvement activities

• Development of materials needed for public outreach events

• Development of presentation and briefing materials for committee or governing body meetings

• A project website that will be updated with meeting dates and relevant information and documents

Deliverable: A Public Involvement Plan that satisfies all NEPA requirements and accomplishes additional public involvement goals as determined by the MCIP development process.

Task 7 – ALIGNMENT AND TECHNOLOGY ALTERNATIVES EVALUATION

Identification, development, and evaluation of alternatives forms a critical part of the Environmental Review process. However not all alternative development must originate during environmental review as FTA acknowledges the results of prior planning work may also be incorporated into the process.

Under this Task, the Consultant will develop a range of alternatives (corridor segments and technologies) that satisfy NEPA requirements based on coordination with FTA and work completed under Task 5. Alternatives should include:

• No Action/No Build Alternative

• Build Alternative(s)

• NEPA Preferred Alternative/Locally Preferred Alternative

• Environmentally Preferred Alternative(s)

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Deliverable: Task 7 Working Paper describing the range of alternatives developed, the evaluation of those alternatives, and the identification of the Locally Preferred Alternative.

Task 8 – PREPARE NEW STARTS PROJECT FOR ENTRY INTO ENGINEERING

As PD activities advance, preparations must begin for the New Starts MCIP to be evaluated by FTA.

This is a critical step as projects must receive at least a Medium overall rating for entry into the Engineering phase. Preparations for entry into Engineering and work needed to complete PD will overlap to a significant degree and FTA encourages project sponsors to thoroughly vest cost, scope, and schedule as these items will be “locked in” after entry into Engineering.

A full list of requirements for entry into the Engineering phase is listing in the CIG Policy Guidance.

Deliverables:

1. A checklist for the New Starts MCIP detailing all required elements for entry into Engineering and documentation that all checklist items have been completed.

2. A draft letter addressed to the FTA Associate Administrator for Planning and Environment that includes all necessary elements as detailed in the CIG Policy Guidance.

C.5. Submittal Page Limit

The submittal narrative containing specific responses to this solicitation is limited to 20 pages.

Documentation explaining experience and qualifications of the project team and firm are not included in the page limit, however, lengthy narratives in these sections are discouraged.

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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 13 of 41 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://secure.procurenow.com/portal/tucson-az.

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

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

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

WILL NOT BE CONSIDERED.

D.13. LATE SUBMITTALS

Late submittals will be rejected.

D.14. OFFER PERIOD

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

D.15. WITHDRAWAL OF SUBMITTAL

At any time prior to the specified solicitation due date and time, an offeror may formally withdraw the submittal by a written letter 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

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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://secure.procurenow.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. Application for a City Business License can be completed at http://www.tucsonaz.gov/etax. For questions contact the City's Business License Section at (520) 791- 4566 or email at tax-license@tucsonaz.gov

D.19. UPON NOTICE OF INTENT TO AWARD

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

D.20. AWARD OF CONTRACT

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

A. waive any immaterial defect or informality; or

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

C. reissue the Request for Qualifications.

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

D.21. SUBMITTAL RESULTS

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

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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 18 of 41 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. CONTRACT TERM

The term of this contract shall commence upon award and issuance of Notice to Proceed and shall remain in effect unless terminated, canceled or extended as otherwise provided herein.

At the conclusion of this first phase, the City of Tucson, at its sole discretion, may may continue with the selected consultant for issue a new solicitation.

F.2. NOTICE TO PROCEED

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

F.3. PRINCIPAL CONSULTANT’S RESPONSIBILITY

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

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

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

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

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

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

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.

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F.4. DRAWING, STANDARD DETAILS, ETC.

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

F.5. ADVICE AND CONSULTATION

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

F.6. PUBLIC HEARINGS

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

F.7. TIME RECORDS

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

F.8. WORK SCHEDULE

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

F.9. ADDITIONAL COMPENSATION

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

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

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F.10. OTHER CONTRACTS

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

F.11. COMPENSATION AND METHOD OF PAYMENT

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

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

F.12. INVOICING

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

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

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

F.13. PROJECT AWARD

The City intends to request project specific Statements of Qualifications (SOQs) from all firms awarded under the contract. City staff will review, score and rank the SOQs with highest ranked firm invited to submit a fee proposal and enter into negotiations for the project. Should the City be unable to reach an agreement with the highest ranked firm, negotiations will be terminated and the City may enter into negotiation with the next highest ranked firm for the project.

If this is impracticable, the City may elect to direct select a firm without project SOQs by reviewing initial SOQs submitted during the selection process for evaluation relative to the project requirements. The City will then enter into negotiations the firm deemed be the best qualified for the project.

The City shall not reimburse consultants for the cost of proposal preparation. Each project shall be negotiated and approved by the City Project Manager or designee prior to issuance of Notice to Proceed. The consultant shall not begin any work prior to receipt of Notice to Proceed

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Individual projects not to exceed one-hundred thousand dollars ($100,000) unless a written wavier is approved by the Business Services Department.

F.14. KEY PERSONNEL

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

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

F.15. 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…