Real_Estate_Consultants-_FTA_Funded.pdf

CITY OF TUCSON

REQUEST FOR PROPOSAL

250022

REAL ESTATE CONSULTANTS- FTA FUNDED

Due Date: Monday, December 16, 2024

City of Tucson

255 W Alameda St

Tucson, AZ 85701

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

Public Portal https://secure.procurenow.com/portal/tucson-az/projects/39986

PUBLISH DATE: November 12, 2024 https://secure.procurenow.com/portal/%7Bproject.government.code%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D

CITY OF TUCSON REQUEST FOR PROPOSAL NO. 250022

BUSINESS SERVICES DEPARTMENT Page 2 of 39 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

E - FTA Terms & Conditions

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A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR PROPOSAL NO 250022

TITLE: Real Estate Consultants- FTA Funded

SUBMITTAL DUE DATE: Monday, December 16, 2024 AT 2:00 P.M. LOCAL AZ TIME

PRE-PROPOSAL MEETING DATE: Wednesday, November 20, 2024

TIME: 9:30 am LOCAL AZ TIME

LOCATION: TEAMS MEETING LINK

Meeting ID: 270 333 035 137 Passcode: Cpu7ix

Call in #: 1-213-293-2303 Conference ID: 133 735 650#

QUESTIONS SHALL BE DIRECTED TO:

Maritza Felix

(520) 837-4107 maritza.felix@tucsonaz.gov

Posted Date: Tuesday, November 12, 2024

Competitive sealed offers for the material or service specified in this solicitation must be submitted through the City’s online bidding system. No late submitted offer will be accepted or considered.

Reponses submitted in physical form or by facsimile or email will not be considered. Offerors are cautioned to commence the submittal process sufficiently ahead of time to allow for unanticipated delays resulting from things like a slow internet connection, internet outage, difficulty uploading large documents, differing system requirements, etc.

Questions about this solicitation must be addressed to the responsible Contract Officer listed herein.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZDc2N2Q1NDUtZGIwOS00NGIyLWFjNmEtMzU1OGU5ZGZlYmMx%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%229236485a-e235-4796-b69f-4eec05422ed4%22%7d

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B. INTRODUCTION

B.1. Summary

The City of Tucson is continuously developing public improvements to accommodate a growing community, widening major intersections and arterial and collector streets throughout Tucson, and constructing various Water, Parks, and Landfill facilities and other Municipal projects. The City requires assistance in acquiring property, relocating occupants of properties acquired for these projects, certifying rights-of-way on corridor projects, and providing brokerage services to manage the sale and leasing of City properties. The City will also be seeking specialized real estate consulting services for complex projects.

Additionally, the City is expected to take ownership to a number of properties (beyond the current inventory) that will require property management expertise such as lease preparation, building inspection, coordination of building repair, and database maintenance. Concerning the disposal of properties in City inventory, assistance may be required in identifying marketable assets, coordinating the appraisals of those assets, managing the competitive bid process, and/or closing the sales.

Various funding sources will be used under this contract. For projects identified as having FTA Funding; all FTA, federal, state and local requirements will be followed during development of the deliverables and FTA certifications are required and are attached as Appendix A. These terms and conditions cannot be modified or negotiated. These certifications, appended to this document, will be completed by the awardee(s).

B.2. Contact Information

Maritza Felix Senior Contract Officer 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

The consultant will have an opportunity to submit for any or all of the categories of work, A through D, as outlined below. The consultant shall be technically capable of providing the following real estate related services in the category or categories it intends to provide services in. Not every work item listed below under Examples as a “Contractor shall” may be requested in a particular project award, some of the workload may be completed by City staff or by a third-party vendor as may be required by the City in its transactions.

C.1. SCOPE OF WORK

The consultant will have an opportunity to submit for any or all of the categories of work, A through D, as outlined in the Real Estate Services Categories below. The consultant shall be technically capable of providing the following real estate related services in the category or categories it intends to offer services in. Not every work item listed below under Examples as a “Contractor shall” may be requested in a particular project award, some of the workload may be completed by City staff or by a third-party vendor as may be required by the City in its transactions.

C.2. REAL ESTATE SERVICES CATEGORIES

A. Property Acquisition

1. Plan, organize and complete the acquisition of properties needed for City projects.

2. Examine legal documents, property descriptions, maps and plans.

3. Visit sites, coordinate services for appraisal firms, and obtain and manage appraisal services.

4. Review offers to purchase, negotiate acquisitions, and handle related acquisition activities.

5. Prepare necessary documentation and close acquisitions.

B. Relocation

1. Plan, organize and complete occupant relocations per the Uniform Relocation Assistance and Real Property Acquisitions Act (URA).

2. Provide relocation advisory assistance and payments to displaced persons.

3. Inspect replacement dwellings for compliance with housing standards.

C. Brokerage Services

1. Market and facilitate the sale or lease of City-owned properties in accordance with City policy

2. Prepare listings, bid packages, and coordinate showings

3. Gather and coordinate due diligence materials.

4. Review and evaluate offers, negotiate sales and leases, and close transactions.

5. Provide property management services for City properties when needed.

6. Land inventory

D. Consulting

1. Provide expertise and guidance on various real estate issues.

2. Provide research on various property related matters.

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C.3. EXAMPLES OF WORK PERFORMED BY CATEGORY

A. Property Acquisition

1. Consultant shall plan, organize and complete property acquisition and disposition activities including examining legal documents, property descriptions, maps and blueprints.

2. Consultant shall view sites, and upon direction from the City, may develop scopes of services for appraisal firms, and obtain and manage appraisal services.

3. Consultant shall review offers to sell, purchase, lease or exchange.

4. Consultant shall negotiate for acquisition of real property, involving severance damage, cost to cure, tenant improvements and leasebacks.

5. Consultant shall prepare necessary documentation for processing escrows and closing transactions.

6. Consultant shall recommend condemnations when necessary.

7. Consultant shall prepare offers to purchase, leases, deeds, exchange agreements, releases and related property transaction documents.

8. Consultant shall participate in public meetings as may be requested by the City.

9. Consultant shall utilize appraisal reports, legal descriptions and engineering plans; ensure accuracy of documents and follow proper procedures, collect or prepare appropriate maps, concept drawings, plats, building sketches and other exhibit materials as required.

10. Consultant shall make presentations to City staff and to Mayor and Council, if required, and make recommendations to City staff regarding appraisals.

11. Consultant shall coordinate activities with City and County departments and agencies and utilities regarding property or rights-of-way matters of mutual interest and make recommendations for problem resolution.

12. Consultant shall collect data from various sources, including other agencies, computer databases, and microfiche records.

13. Consultant shall, if requested by the City, , establish Extended Occupancy Agreement (license) contracts with sellers-in-possession or tenants and arrange maintenance, collect rents, resolve tenant issues and report to City on these licensed properties.

14. Consultant shall obtain archaeological and environmental clearances including permitting and mitigation when required.

15. Consultant shall obtain appraisal services and review appraisal services when required, utilizing the City’s approved contract appraisal list.

16. Consultant shall perform related work as required.

B. Relocation

1. Consultant shall plan, estimate costs, complete corridor Relocation Plans as may be required by the City all under URA Guidelines.

2. Consultant shall prepare necessary documentation for relocations as requires by the URA.

3. Consultant shall participate in public meetings.

4. Consultant shall utilize appraisal reports, legal descriptions and engineering plans; ensure accuracy of documents and follow proper procedures, collect or prepare appropriate maps, concept drawings, plats, building sketches and other exhibit materials as may be required.

5. Consultant shall make presentations to City staff and to Mayor and Council, if required, and make recommendations to City staff regarding relocation matters.

6. Consultant shall coordinate activities with the City and other City consultants regarding relocation matters of mutual interest and make recommendations for problem resolution.

7. Consultant shall collect data from various sources, including other agencies, computer databases, and microfiche records.

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8. Consultant shall review all Displacee relocation claim forms submitted for compliance with the Uniform

Act, process requests, obtain City approvals, disburse funds and maintain a Broker trust Act consistent with City requirements.

9. Consultant shall perform related work as required.

C. Brokerage Services

1. Consultant shall plan, organize and complete property acquisition and disposition activities including examining legal documents, property descriptions, maps and blueprints.

2. Consultant shall view sites, develop scopes of services for appraisal firms, and obtain and manage appraisal services.

3. Consultant shall provide assistance in locating property needed by the City and its various departments.

4. Consultant shall review offers to sell, purchase, lease or exchange. Consultant shall negotiate for acquisition of real property, involving severance damage, cost to cure, tenant improvements and leasebacks.

5. Consultant shall prepare necessary documentation for processing escrows and closing transactions.

6. Consultant shall prepare offers to purchase, leases, deeds, exchange agreements, releases and related property transaction documents.

7. Consultant shall participate in public meetings.

8. Consultant shall utilize appraisal reports, legal descriptions and engineering plans; ensure accuracy of documents and follow proper procedures, collect or prepare appropriate maps, concept drawings, plats, building sketches and other exhibit materials as required.

9. Consultant shall make presentations to City staff and to Mayor and Council, if required, and make recommendations to City staff regarding various real estate projects.

10. Consultant shall coordinate activities with City and County departments and agencies and utilities regarding property or rights-of-way matters of mutual interest and make recommendations for problem resolution.

11. Consultant shall collect data from various sources, including other agencies, computer databases, and microfiche records.

12. Consultant shall collect rents, establish leasing contracts with tenants and arrange maintenance of leased properties.

13. Consultant shall obtain archaeological and environmental clearances including permitting and mitigation when required.

14. Consultant shall obtain appraisal services and review appraisal services when required, utilizing the City’s approved contract appraisal list.

15. Consultant shall perform related work as required.

D. Consulting

1. Consultant shall provide expert real estate counseling assistance in locating property needed by the City for special projects or determining viability of particular special land uses especially in sensitive areas.

2. Consultant may be engaged to evaluation of the desirability or feasibility of complex special projects as may be proposed to the City by interested third parties.

3. Consultant shall plan, organize and complete property acquisition and disposition activities including examining legal documents, property descriptions, maps and blueprints.

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4. Consultant shall view sites, develop scopes of services for appraisal firms, and obtain and manage appraisal services.

5. Consultant shall review offers to sell, purchase, lease or exchange. Consultant shall negotiate for acquisition of real property, involving severance damage, cost to cure, tenant improvements and leasebacks.

6. Consultant shall prepare necessary documentation for processing escrows and closing transactions.

7. Consultant shall prepare offers to purchase, leases, deeds, exchange agreements, releases and related property transaction documents.

8. Consultant shall participate in public meetings.

9. Consultant shall utilize appraisal reports, legal descriptions and engineering plans; ensure accuracy of documents and follow proper procedures, collect or prepare appropriate maps, concept drawings, plats, building sketches and other exhibit materials as required.

10. Consultant shall make presentations to City staff and to Mayor and Council, if required, and make recommendations to City staff regarding various real estate projects.

11. Consultant shall coordinate activities with City and County departments and agencies and utilities regarding property or rights-of-way matters of mutual interest and make recommendations for problem resolution.

12. Consultant shall collect data from various sources, including other agencies, computer databases, and microfiche records.

13. Consultant shall collect rents, establish leasing contracts with tenants and arrange maintenance of leased properties.

14. Consultant shall obtain archaeological and environmental clearances including permitting and mitigation when required.

15. Consultant shall obtain appraisal services and review appraisal services when required, utilizing the City’s approved contract appraisal list.

16. Consultant shall perform related work as required.

C.4. PURCHASE AND SALE OF TRANSACTIONS

A. When the Contractor is assigned a task related to the purchase of real estate, the Contractor shall submit to the City a copy of the closed purchase file including the following items:

1. A fully executed Purchase Contract between the Seller and the City

2. Any Addendums to the Purchase Contract agreed to between the Seller and the City

3. Any disclosures made by the Seller

4. Any communications received or transmitted on behalf of the City or transaction,

5. The title report for the property being purchased

6. The final closing statement prepared by the escrow company and signed by the Seller or a certified copy without the Seller’s signature

7. The contract log maintained by the Contractors agent

8. The original recorded conveyance document related to the transaction

9. The original Title Policy

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10. Any other documentation that the Contractor believes the City may desire to retain or the City advises the Contractor to retain

B. When the Contractor is assigned a task related to the sale of City owned property, the Contractor shall submit to the City, a copy of the closed sales file including the following items:

1. A fully executed Purchase Contract between the Buyer and the City

2. Any addendums to the Purchase Contract agreed to between the Buyer and the City

3. Any disclosures made by the Buyer

4. Any communication received or transmitted on behalf of the City or transaction

5. The title report for the property being purchased

6. The final closing statement prepared by the escrow company and signed by the Buyer or a certified copy without the Buyers signature

7. The contract log maintained by the Contractors agent

8. A copy of all advertising or marketing materials produced by the Contractor to market the City’s real property

9. A copy of the recorded Deed and any other recorded documents related to the transaction

10. Any other documentation that the Contractor believes the City may desire to retain or the City advises the Contractor to retain

C.5. DESIRABLE KNOWLEDGE, SKILLS AND ABILITIES

A. Consultant shall possess thorough knowledge of all of the requirements of Uniform Relocation and Real Property Acquisitions Act (URA) as amended.

B. Consultant shall have considerable knowledge of title examination and escrow procedures including legal descriptions, deeds, leases and related legal documents and instruments pertaining to real property conveyance.

C. Consultant shall have considerable knowledge of Arizona Revised Statutes pertaining to real estate transactions, property valuations and planning and zoning procedures, and real estate appraisal practices.

D. Consultant shall have considerable knowledge of negotiation methods, leases and leasehold, and in cases where the City may exercise a non-voluntary acquisition, have knowledge of eminent domain and the State condemnation process.

E. Consultant shall have knowledge of historical and environmental matters as it relates to the acquisition, use of, or disposition of real property, and ability to interpret historic, cultural and environmental analyses.

F. Consultant shall have skills in the interpretation and preparation of real estate transaction documents, deeds, mortgages, leases, titles, legal descriptions and documents and related property conveyances, and in the interpretation of engineering plans, zoning and plat maps and blueprints.

G. Consultant shall have skills in the extraction and application of information from appraisal and other required reports or data information services.

H. Consultant shall have the ability to plan property and right-of-way acquisition and disposition activities.

I. Consultant shall have the ability to prepare clear, accurate and concise reports, records, correspondence and documents.

J. Consultant shall have the ability to establish and maintain effective working relationships with the public, City of Tucson personnel, other companies working for the City, title company personnel, County, State and Federal department and agency personnel as well as considerable knowledge of each agency's respective rules and regulations.

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K. Consultant shall have the ability to assume responsibility for multiple projects, prioritizing and meeting established deadlines.

L. Consultant shall have a complete understanding of Uniform Standards of Professional Appraisal Practice USPAP and the application of those standards to the work required.

M. Consultant shall have an understanding of City Administrative Directive 4.02-1, Real Property Acquisition, Management and Disposition.

N. Consultant shall have the ability to utilize various computer programs (including the GIS software and Microsoft Office products) and generate computerized reports.

O. Consultant shall Submit verified documentation of extensive successful experience implementing the provisions of URA in providing relocation assistance to both business and residential displacees in government funded projects.

P. Consultant shall have extensive familiarity with the Tucson Community, especially the housing and commercial real estate market, as well as local social services and other community resources that may be required by City program displacees.

Q. Consultant shall have the capability to work effectively with a broad based socio-economic population including varying income levels, diverse ethnic/cultural/language backgrounds, the elderly and handicapped.

R. Consultant shall have extensive experience with, and capability to do, replacement dwelling inspections to assure decent, safe and sanitary housing standards are met.

S. Consultant shall possess the experience and capability to effectively maintain detailed records of all contract relocation activities and payments and in the preparation of required reports.

C.6. NECESSARY SPECIAL REQUIREMENTS

A. Possession of a valid Arizona driver's license.

B. Each consultant must possess an active Arizona Broker's license. All persons working under this contract must possess licenses as required by law.

C. The consultant shall coordinate closely with all City departments and outside consultants involved in the management of each improvement project. These include the Engineering Division of the Transportation Department, the Engineering Division of the Water Department, Real Estate Division, Development Services Department and each Project Manager. To assess the progress of the program, the consultant must report at least monthly to the Real Estate Division’s designee, or more frequently if the Real Estate designee deems it necessary.

D. The consultant shall submit written monthly reports on templates approved by the City, to be sub-totaled by unit, including cumulative project-to-date costs, describing the activities of the consultant, the status of each project, and any problems encountered in the course of managing the program, and monthly billings, sub-totaled by project, to the Real Estate Division for review and approval. At the City’s sole discretion, it may request as an option that work be quoted for and billed on a per task/unit basis. Examples of such tasks/units are: Full or Partial Acquisitions, Easements and Relocations. This is not an exhaustive list and the City of Tucson may identify other tasks which may be quoted for per task.

E. Upon request from the City, the Contractor shall submit a proposal for work to be performed under an assigned project. The proposal shall include the staff proposed to be assigned, the approach to the work, the project timeline and deliverables and a lump sum price. In addition, the proposal shall include a detailed breakdown of the cost elements included in the lump sum price. The contractor shall charge the City the approved lump sum price upon project completion or shall charge progress payments upon the achievement of specific project milestones as agreed upon by the City and the Contractor.

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C.7. COMPENSATION AND PAYMENT

A. Contractor, when assigned a task related to the acquisition of real estate that is listed for sale by an Arizona Real Estate Broker, may collect as it’s sole form of compensation, any commission offered by the Listing Broker in such transaction. Should this occur, Contractor will not submit an invoice to the City for services rendered relating to the transaction. City agrees and authorizes Contractor to collect any commission related to the transaction upon the close of escrow. If the acquisition task assigned to the Contractor by the City does not include any commission to be paid by the Listing Broker, then the Contractor shall invoice the City each month at the approved rates under any resulting contract.

B. Contractor, when assigned a task related to the disposition and marketing of real estate owned by the City, shall collect upon the close of escrow, a commission of not more than 6% of the final purchase price. The commission shall be split equally with the licensed broker that represents the successful buyer. Should this occur, the Contractor will not submit an invoice to the City for services rendered relating to the transaction. The City agrees and authorizes the Contractor to collect any commission related to the transaction upon the close of escrow.

C.8. CITY'S RESPONSIBILITY

A. The City shall adequately and expeditiously address any deficiencies in a project that are noted by the consultant.

B. The City shall provide consultant with a list of eligible projects requiring consultant’s assistance, to be updated monthly, or as warranted.

C. The City shall provide copies of existing contracts with appraisal firms and title companies. Use of these firms by consultant shall be a requirement under this proposal, and in strict accordance with the terms and conditions of those contracts.

D. All offers (for sale, purchase or lease) must be approved by the City prior to presentation to the public.

E. City shall provide to contractor appropriate forms to use in making offers and closing escrows.

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D. INSTRUCTIONS TO OFFERORS

D.1. DEFINITION OF KEY WORDS USED IN THE SOLICITATION

For purposes of this solicitation and any subsequent contract, the following terms have the meanings set forth below:

City:The City of Tucson, Arizona

Contract:The legal agreement(s) executed between City and the Successful Offeror(s). The Contract will be deemed to include all the conditions and requirements set forth in this solicitation and any Addenda to the solicitation, all the Special Terms and Conditions and Standard Terms and Conditions, and all the terms of the Offer submitted by Offeror as finally negotiated and accepted by the City.

Contractor/Consultant:A Successful Offeror that enters into a Contract with the City.

Contract Representative:The City employee or employees who have been designated to act as the City contact for this solicitation process and who are responsible for monitoring and overseeing the Contractor's performance under the Contract.

Business Services Director: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.

May not:The indicated party is prohibited from taking the action.

Must: The action or condition is required.

Offer:Any proposal, statement of qualifications, bid, or other submission provided by an Offeror in response to this Solicitation.

Offeror: Each individual or entity that submits an Offer in response to this solicitation.

Successful Offeror: An Offeror who received a Notice of Award or a Notice of Intent to Award from the City.

Will:The indicated party is promising to take the action or abide by the condition.

D.2. PRE-SUBMITTAL MEETING

A Pre-Submittal Meeting will be held at the date and time stated on the cover page of this solicitation, if such a date and time is provided. Attendance at this meeting is not mandatory, but written minutes and/or notes regarding the meeting will NOT be provided, so attendance is encouraged. The purpose of this meeting will be to clarify the contents of this solicitation in order to prevent any misunderstanding of the City's position.

D.3. INQUIRIES

Any questions about this solicitation or the proposed Contract must be presented at the Pre-Submittal Meeting, if there is one (see above), or submitted in writing, via email, or through the online bidding system, to the Contract Officer by the Question Submission Deadline. The email must refer to the solicitation number and the paragraph number of the provision that the question concerns. The Contract

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Officer may respond by email or may, if they deem it appropriate, address the question in a solicitation addendum or response through the question and answer portal in the online bidding system. Offeror may not rely on oral interpretations or clarifications about the solicitation; only questions answered in an email by the Contract Officer, posted through the online bidding system, or posted as a formal solicitation addendum will be binding.

D.4. ADDENDUM OF SOLICITATION

Solicitation Addenda will be posted on the City’s link to the online bidding website. Offeror is responsible for checking the webpage regularly for new solicitation addenda and must acknowledge each addendum to this solicitation in its submittal. Please note that vendors who have registered with the Business Services Department at https://procurement.opengov.com/portalucson-az and follow the City of Tucson will receive email notifications of solicitation addenda.

D.5. UNDERSTANDING SCOPE OF WORK

Before submitting an Offer to this solicitation, Offeror must familiarize itself with the Scope of Work, laws, regulations, physical conditions, and other factors affecting the obligations – including the expense and difficulty of fulfilling those obligations – that Offeror will have under the Contract if awarded to Offeror. No adjustment to the financial or other terms of the Contract will be justified by Offeror’s failure to fully understand or appreciate the Contract requirements or other factors affecting Contract performance.

D.6. PREPARATION OF OFFER

A. Form and Organization. If Offer forms are included in this Solicitation, Offeror’s Submittal must be on those forms. Supporting documentation must be arranged in a manner that follows and clearly refers to corresponding sections of the solicitation. Offeror may copy the submittal forms in order to complete them electronically but may not alter or rearrange them or change any paragraph designations.

B. Confidential Information. Any information in its submittal that Offeror wishes to be treated as confidential must be clearly marked “CONFIDENTIAL.”

C. Offer Contents. Offeror’s submittal must contain responses to all sections of this solicitation, any Offer forms provided must be completed and any requested supporting documentation must be attached.

D. Signatures. Offeror must include in their submittal signed copies of the Offer and Acceptance page. Any cover letter accompanying the proposal documents must be signed. Offeror must initial each erasure, interlineation or other modification in the submittal. The person signing and initialing on behalf of Offeror must be a person authorized to legally bind Offeror.

E. Prices. Where a unit price is provided it will govern over any erroneous extension of the price.

F. Time Periods. Periods of time, stated as a number of days, will be calendar days unless specifically stated otherwise.

G. Accuracy. Mistakes in preparation of its submittal confers on Offeror no right to modify or withdraw its submittal after the Submittal Deadline.

https://procurement.opengov.com/portalucson-az

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H. Cost of Preparation. The City will not reimburse Offeror for the cost of developing, presenting, submitting or providing any response to this solicitation.

I. Subcontractors. Offeror must, in their submittal, list any subcontractors that it will utilize in the performance of the Contract if they are awarded the Contract and must describe their qualifications in detail.

J. Incomplete Information. Failure to include all requested information may have a negative impact on the evaluation of Offeror’s submittal.

D.7. PAYMENT DISCOUNTS

Payment discount periods shall be computed from the date of receipt of the material/service or correct invoice, whichever is later, to the date City’s payment warrant is mailed. Unless freight and other charges are itemized, any discount provided shall be taken on full amount of invoice. Payment discounts of twenty-one calendar days or more shall be deducted from the proposed price in determining the price points. However, the City shall be entitled to take advantage of any payment discount offered by a vendor provided payment is made within the discount period. The payment discount shall apply to all purchases and to all payment methods.

D.8. TAXES

The City is exempt from federal excise tax, including the federal transportation tax, but is not exempt from any other taxes, including state and local sales and excise taxes.

D.9. EXCEPTIONS TO CONTRACT PROVISIONS

By submitting an offer in response to this solicitation, Offeror is offering to enter into the Contract with the City. If Offeror wishes to modify any Contract terms and conditions, Offeror must, in its Offer, clearly identify the changes it is requesting. No requested modification will be deemed accepted by the City unless and until the City’s Business Services Director or their designee expressly accepts it in writing.

D.10. PUBLIC RECORD

Any documents submitted by Offeror in response to this solicitation will become the property of the City.

Except as set forth below with respect to Confidential Information, the Submittal will be deemed to be a public record available for review by the public after the award notification.

D.11. CONFIDENTIAL INFORMATION

The City is obligated to abide by the Arizona Public Records Law, A.R.S. §§ 39-101 through 39-161. If Offeror believes that any portion of its Offer, specification, protest or correspondence contains information that is confidential and subject to being withheld from disclosure in the event that the City receives a public records request to which the record is responsive, Offeror must, when the record is submitted, provide the Contract Officer written notification of that fact. The records or portions of records that Offeror wishes to be treated as confidential must also be clearly marked “CONFIDENTIAL” on their face. Pricing will not be treated as confidential.

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If the City, after award notification, receives a public-records request the scope of which includes a document submitted by Offeror and marked "CONFIDENTIAL", the Contract Officer will make a written determination regarding whether the document will be provided to the requestor. If the Contract Officer determines that the document should be released, City will notify Offeror in writing. Unless Offeror, within 10 days after the date of that notice, obtains and provides to City an order from a court of competent jurisdiction prohibiting the City from releasing the documents, the City may release the documents without any liability to Offeror.

D.12. WHEN AND HOW TO SUBMIT OFFERS

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. CERTIFICATION OF NONCOLLUSION; CONFLICTS OF INTEREST

Offeror will not communicate, orally or in writing, with any member of the Mayor and Council, or with any City staff outside the Procurement Division of the Business Services Department, regarding this Solicitation. By submitting an Offer, Offeror warrants that:

A. Preparation and submission of the submittal did not involve collusion or other anti-competitive practices.

B. 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 this solicitation.

C. No person has been employed or retained to solicit or secure a Contract under this solicitation upon a promise of a commission, percentage, brokerage, or contingent fee.

D. No employee of the City involved in this Solicitation process, or any family member of such an employee, has any substantial financial interest in Offeror’s firm. No member of the City of Tucson Mayor and Council who has, or whose family member has, any substantial financial interest in Offeror’s firm will participate in any action taken by the Mayor and Council with respect to this Contract. The terms “relative” and “substantial interest” have the meanings assigned in A.R.S. § 38-502

The City may disqualify Offeror from further participation in the solicitation process if the City determines that any City employee or official involved in this Solicitation process has an actual or apparent conflict of interest or if Offeror has engaged in any collusion or anti-competitive practices.

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D.14. WITHDRAWAL OF OFFER; BINDING OFFER

By submitting an Offer in response to this Solicitation, Offeror is offering to enter into the Contract with the City. Offeror may withdraw a submitted Offer at any time prior to the Offer Submittal Deadline.

Telephonic or oral withdrawals are not effective.

Offeror cannot withdraw an Offer that is in “submitted” status as of the Offer Submittal Deadline unless the Director of the Business Services Department consents in writing to the withdrawal. The Offer will be irrevocable for 90 days after the Offer Submittal Deadline.

D.15. DISCUSSIONS

The City may, at its discretion, conduct discussions with Offeror for the purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in Offeror’s submittal in order to clarify the offer and assure full understanding of, and responsiveness to, solicitation requirements.

D.16. VENDOR REGISTRATION; 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 mailto:license@tucsonaz.gov

BUSINESS SERVICES DEPARTMENT Page 17 of 39

E. OFFER EVALUATION AND CONTRACT AWARD

E.1. PROPOSAL EVALUATION CRITERIA – (listed in relative order of importance)

A. Firm and Individual Qualifications & Experience on Similar or Identical Work

B. Proposed Fee

C. Proposed Work Plan Methodology

E.2. INTERVIEWS

The City may interview some or all of the offerors at any point during the evaluation process. If interviews are conducted, information provided during the interview process will be taken into consideration in the evaluation process. The City will not reimburse the Offeror for any costs Offeror incurs during its participation in the interview process.

E.3. ADDITIONAL INVESTIGATIONS

The City may undertake any additional investigations it deems appropriate to evaluate the competence and financial stability of any offeror.

E.4. OTHER INFORMATION

Information that evaluation committee members have about an offeror beyond what is provided in the offeror’s Offer may be taken into consideration during the evaluation process.

E.5. PRICE

A. Tax Offset Policy. If applicable under Section 28-18(6) or Section 28-17(7)(d) of the Tucson Procurement Code, the City will include the amount of all business privilege taxes other than the City’s in evaluating the pricing component of each Offer.

B. Payment Discounts. Any discounts offered by Offeror for payments made within 21 calendar days or more will be deducted from the proposed price in evaluating an offeror’s pricing.

However, the City may take advantage of any early- or timely-payment discounts offered by a vendor. Any proposed payment discount will apply to all purchases and to all payment methods

E.6. CITY’S RIGHT TO WAIVE DEFECTS OR REJECT OFFERS

Notwithstanding any other provision of this solicitation, the City may:

A. Waive any immaterial defect or informality; or

B. Reject any or all submittals, or portions thereof; or

C. Reissue the solicitation.

BUSINESS SERVICES DEPARTMENT Page 18 of 39

E.7. CONTRACT NEGOTIATIONS

At the City’s discretion, it may negotiate with one or more responsible offerors to agree upon the final conditions, terms and price of the Contract. In doing so, the City will treat offerors fairly and will not disclose to any offeror information from responses submitted by other offerors. Exclusive or concurrent negotiations do not constitute a contract award and do not confer any rights to the offerors participating in such negotiations. In the event the City deems that negotiations are not progressing, the City may formally terminate these negotiations and may enter into concurrent or exclusive negotiations with the next most qualified firm(s).

E.8. AWARD OF CONTRACT

A Contract is created when, and only when, it is formally awarded, which occurs when the Business Services Director and the City Attorney sign the Offer and Acceptance page of the Successful Offeror’s submittal. When a Contract is awarded, the City will send the Contractor a Notice of Award.

The City may first issue a Notice of Intent to Award to the Successful Offeror(s). Offeror, if it receives a Notice of Intent to Award from the City, must sign and file with the City, within five (5) days after receipt of the Notice, all documents necessary for execution of the Contract. A Notice of Intent to Award does not create a contract. Only a subsequent formal award, as described above, creates a Contract.

E.9. MULTIPLE AWARDS

The City, at its sole discretion, may award multiple Contracts.

E.10. SOLICITATION RESULTS

After the City issues a Notice of Award, the City will post the name(s) of the Successful Offeror(s) on the Business Services Department’s Internet site at https://secure.procurenow.com/portalucson-az.

E.11. PROTESTS

Any interested party, may, in accordance with Article IX of the Tucson Procurement Code, protest either this solicitation or the award of a Contract under this solicitation. A protest based on alleged improprieties in this solicitation must be filed no later than five (5) working days before the Proposal Submittal Deadline. A protest of a proposed or actual award must be filed no later than ten (10) calendar days after the City issues a Notice of Intent to Award or, if no Notice of Intent to Award is issued, after the City issues a Notice of Award.

A protest must be made in writing and filed with the Contract Officer. It must include:

A. The name, address, and telephone number of the protestant;

B. The signature of the protestant or its representative;

C. The solicitation or Contract number;

D. A detailed statement of the legal and factual grounds for the protest along with copies of all relevant documents; and

E. The form of relief requested.

https://secure.procurenow.com/portalucson-az

BUSINESS SERVICES DEPARTMENT Page 19 of 39

F. EVALUATION PHASES

No. Evaluation Criteria Scoring Method Weight (Points)

1. Firm and Individual Qualifications and Experience on Similar or Identical Work

1. Offeror shall describe the ability of your firm to perform each of the “Examples of Work Performed” identified under Scope of Work, Section II. In your response, follow the order examples are presented, and identify which examples (e.g. II.A.) you are responding to.

2. Offeror shall describe the firm’s “Knowledge, Skills and Abilities” (KSAs) as identified under Scope of Work, Section IV.

In your response, follow the order KSAs are presented, and identify which KSA (e.g.

IV.A) you are responding to.

3. Offeror shall describe the ability of your firm to meet the Necessary Special Requirements as identified under Scope of Work, Section V. In your response, follow the order in which requirements are presented, and identify which Requirement (e.g. V.A) you are responding to.

4. Offeror shall describe your firm’s business and identify both the primary and secondary lines of work they are in.

5. Offeror shall identify key staff members (including names and specific assignments) who would be assigned to this contract and the designated Project Manager.

6. Offeror shall attach resumes of key staff members including detailed descriptions of involvement with projects of similar or identical Scope of Work.

7. Offeror shall provide detail on both the firm and the key personnel’s experience on at least two projects of similar nature (for each of the five separate activities noted above under Section II. A. 1. - 5.), with dates of completion, client contacts and telephone numbers. The Offeror shall provide a detailed description of services rendered which involved the proposed Project Manager and key personnel.

8. Consultant shall submit verified documentation of extensive successful experience implementing the provisions of URA in providing relocation assistance

N/A N/A

2. Proposed Fee Provide price proposal as requested on the Price Page.

N/A N/A

BUSINESS SERVICES DEPARTMENT Page 20 of 39

3. Proposed Work Plan Methodology

Offeror shall describe the ability of your firm to perform each of the “Examples of Work Performed” identified under Scope of Work, Section II. Offeror shall also describe the ability of your firm to perform each of the “Purchase and Sales Transactions” identified under Scope of Work, Section III.

In your response, follow the order examples are presented, and identify which examples (e.g. II.A) you are responding to.

This section should clearly demonstrate the Offeror’s understanding of the RFP. Offeror should clearly outline the scope and objectives of Offeror’s proposed services as they relate to the scope and objectives of the total project and the requested product deliverables.

Offeror shall describe the recommended approach and work plan regarding the actual tasks the Offeror’s firm will perform.

Offeror should clearly distinguish the tasks the Offeror will undertake from the responsibilities of the City. Offeror shall explain how its management and administrative process will ensure that appropriate levels of attention are given, that work is properly performed and that milestones are met timely. Offeror shall present a plan that clearly explains how the firm will manage and control all proposed activities, the resulting timetables, and deliverables.

N/A N/A

BUSINESS SERVICES DEPARTMENT Page 21 of 39

G. PRICING

PRICE PAGE

Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, materials, printing, travel and mileage, postage, etc.

Line Item Description Quantity Unit of Measure

Unit Cost Total

IN LIEU OF FILLING OUT EACH CATEGORY IN THIS SECTION, CONSULTANT MAY SIMPLY OPT

TO BID USING ONE RATE FOR ALL SERVICES AND REFLECT THAT IN THE BELOW SECTION

"B"

SECTION A:

1 PROPERTY ACQUISITION 1 HOURLY

2 RELOCATION 1 HOURLY

3 BROKERAGE SERVICES 1 HOURLY

4 CONSULTING 1 HOURLY

SECTION B:

5 BLENDED RATE FOR ALL

SERVICE CATEGORIES

1 HOURLY

BREAKDOWN PRICE PAGE

Line Item Description Quantity Unit of Measure

Unit Cost Total

SECTION C: Hourly rates to be filled in for each position that may be involved in the noted services.

ROADWAY CORRIDOR RELOCATION PLANNING

1 PRINCIPAL 1 HOURLY

2 PROJECT MANAGER 1 HOURLY

3 SENIOR AGENT 1 HOURLY

4 FIELD AGENT 1 HOURLY

5 CLERICAL 1 HOURLY

OCCUPANT RELOCATION SERVICES

1 PRINCIPAL 1 HOURLY

BUSINESS SERVICES DEPARTMENT Page 22 of 39

Line Item Description Quantity Unit of Measure

Unit Cost Total

2 PROJECT MANAGER 1 HOURLY

3 SENIOR AGENT 1 HOURLY

4 FIELD AGENT 1 HOURLY

5 CLERICAL 1 HOURLY

PROPERTY ACQUISITION AND SALES SERVICES TO INCLUDE APPRAISAL COORDINATION,

NEGOTIATION OF PURCHASE OR SALE AND CLOSING OF ESCROW

1 PRINCIPAL 1 HOURLY

2 PROJECT MANAGER 1 HOURLY

3 SENIOR AGENT 1 HOURLY

4 FIELD AGENT 1 HOURLY

5 CLERICAL 1 HOURLY

PROPERTY MANAGEMENT

1 PRINCIPAL 1 HOURLY

2 PROJECT MANAGER 1 HOURLY

3 SENIOR AGENT 1 HOURLY

4 FIELD AGENT 1 HOURLY

5 CLERICAL 1 HOURLY

PUBLIC MEETING ATTENDANCE

1 PRINCIPAL 1 HOURLY

2 PROJECT MANAGER 1 HOURLY

3 SENIOR AGENT 1 HOURLY

4 FIELD AGENT 1 HOURLY

5 CLERICAL 1 HOURLY

BUSINESS SERVICES DEPARTMENT Page 23 of 39

H. SPECIAL TERMS AND CONDITIONS

H.1. AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

Funds are not presently available for performance under this Contract. The City's obligation for performance of this Contract is contingent upon the availability of funds from which payment for Contract purposes can be made. No legal liability on the part of the City for any payment may arise for performance under this Contract until funds are made available for performance of this Contract.

H.2. COOPERATIVE PURCHASING

Contractor will, when requested, provide goods and services at the same prices and under the same terms and conditions as set forth in this Contract to any public or nonprofit agency that, at the time of request, has a Cooperative Purchasing Agreement with the City or participates in the Strategic Alliance for Volume Expenditures (SAVE) cooperative. See http://www.tucsonprocurement.com/coop_partners.aspx and click on “Cooperatives” for a list of agencies that have Cooperative Purchasing Agreements with the City; see http://www.mesaaz.gov/home/showdocument?id=23638 for a list of agencies participating in SAVE.

These lists are subject to change. Contractor may, however, charge an agency that is outside the Tucson Metropolitan Area for additional out-of-pocket expenses that will be incurred by Contractor in providing goods and services to the agency (i.e., freight charges, travel related expenses, etc.).

Each participating agency that orders goods or services under this Contract as provided above is solely responsible for paying Contractor for those goods and services. The City is not responsible for any disputes arising out of transactions made by others.

H.3. FEDERAL TRANSIT ADMINISRATION (FTA) REQUIREMENTS

Any contract awarded pursuant to this solicitation will contain the FTA Terms and Conditions listed in the corresponding attachment titled, "FTA Terms, Conditions and Certifications".

H.4. LIVING WAGE REQUIREMENTS

Contractor will comply with all applicable provisions of the City’s Living Wage Ordinance (Article XIV of the Tucson Procurement Code). Contractor will, upon request, affirm in writing that Contractor is in compliance and will provide City with information and documentation demonstrating that compliance.

The City’s Living Wage ordinance can be found at the following link:

https://www.tucsonaz.gov/Departments/Business-S…