WELL_DRILLING_OVERSIGHT_AND_HYDROGEOLOGIC_INVESTIGATION_(Addendum_#1_Revision).pdf

CITY OF TUCSON

REQUEST FOR QUALIFICATIONS

226067

WELL DRILLING OVERSIGHT AND HYDROGEOLOGIC

INVESTIGATION

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/20047

PUBLISH DATE: June 6, 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. 226067

BUSINESS SERVICES DEPARTMENT Page 2 of 38 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Sonya Lazo

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-4473

Attachments:

A - OFFER AND ACCEPTANCE.RFQ

B - SBE Program Provisions

BUSINESS SERVICES DEPARTMENT Page 3 of 38

A. NOTICE OF REQUEST FOR QUALIFICATIONS

A.1. City of Tucson

NOTICE OF REQUEST FOR QUALIFICATIONS NO. 226067

ON CALL PROFESSIONAL SERVICES FOR WELL DRILLING OVERSIGHT AND

HYDROGEOLOGIC INVESTIGATION

Notice is hereby given that the City of Tucson, hereinafter referred to as "COT" is conducting a competitive One-Step Process to retain up to five (5) Firms to provide services related to well drilling oversight and hydrogeologic investigation as delineated herein. The City is seeking firms (hereinafter referred to as “Consultant”) to provide consultant services in the form of a multi-disciplinary team. The estimated annual budget for this project is five-hundred thousand dollars ($500,000). Individual projects not to exceed one-hundred thousand dollars ($100,000), however typical projects are under eighty thousand dollars ($80,000). Services will be requested on an as-needed, if-needed basis and the resultant contract is neither exclusive nor a commitment by COT that the Consultant's services will be required.

COT invites interested firms to submit written Statements of Qualifications (SOQ’s) relating to this solicitation. A Screening Committee will evaluate firms’ qualifications and experience with similar projects. The firm(s) determined to be best qualified will then be invited to enter into negotiations with COT for billing rates under the contract. (Selection Plan: i.e.Five Firms 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: 10:00 am

LOCATION: Microsoft Teams Virtual Meeting Join on your computer or mobile app Or call in (audio only) +1 213-293-2303,,271115849# Phone Conference ID: 271 115 849#

(Join Meeting)

QUESTIONS SHALL BE DIRECTED TO: Sonya Lazo

PHONE NUMBER: (520) 837-4473

EMAIL ADDRESS: sonya.lazo@tucsonaz.gov

Publication Dates: Monday, June 6, 2022 and Monday, June 13, 2022 published in The Daily Territorial https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_NzA0NWEwYjAtMWM3Zi00NGFjLWIxYTktZGNiY2RhYzMzNGZj%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%2522d21e59ec-c208-43eb-aaf1-cf06d9a196e0%2522%252c%2522Oid%2522%253a%25220f36c3c9-704b-4ca5-ab5f-4ca805ebdc79%2522%257d%26CT%3D1654637175880%26OR%3DOutlook-Body%26CID%3DF8FF4C90-4E29-4E5F-A740-C3797CABAA37%26anon%3Dtrue&type=meetup-join&deeplinkId=73fd455a-5b1d-49fd-9dce-15945d142179&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true

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B. INTRODUCTION

B.1. Summary

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

Tucson Water plans to install up to 12 wells per year to increase capacity in selected areas. Firms awarded this contract will oversee the drilling operations to insure each well meets Tucson Water standards and specifications. Groundwater production wells installed for the City of Tucson generally range in depth from five hundred (500) to twelve hundred (1200) feet below land surface but specific depths will depend on the site. Wells typically take approximately 8-12 weeks to complete. Tucson Water will define work assignments under a project specific request for bid. In accordance with the Contract Terms and Conditions, the successful firm will not commence work until receipt of a Notice to Proceed for each project assignment.

B.2. Contact Information

Sonya Lazo Contract Officer 255 W. Alameda St.

6th Floor Tucson, AZ 85701 Email: sonya.lazo@tucsonaz.gov Phone: (520) 837-4473 Department:

Business Services mailto:sonya.lazo@tucsonaz.gov tel:(520)837-4473

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C. SCOPE OF WORK

C.1. SPECIFIC SERVICES

The on-call professional services to be provided by the Consultant under this contract shall consist of the following, but not be limited to, the types of work described below:

Well Drilling Oversight

• The firm may be asked to assist with documents required for property acquisition prior to siting a new well.

• The firm may be asked to assist with preparation of Tucson Water approved technical specification packages for City of Tucson well drilling JOC bids. The technical specification packages include graphics showing proposed well design, site location maps, water disposal instructions, and detailed site-specific requirements for drilling services. Tucson Water will provide a template for the technical specification packages and will review and approve them before submittal for bid. The firm may be requested to provide flow paths for water discharged from the site during drilling and aquifer testing so Tucson Water can secure water discharge permits from the Arizona Department of Environmental Quality.

• The firm may be required to prepare Notice of Intent documents and Hydrologic Impact Reports for specific projects. All such documents will be reviewed and approved by a Tucson Water Hydrologist prior to submittal to the Arizona Department of Water Resources. A copy of all well forms filed with ADWR by the firm shall be faxed, emailed or mailed to the City within 10 business days of the filing date.

• The firm may be required to solicit bids from drilling contractors. The firm may be required to attend field prebid meetings, site meetings and meetings with neighborhood associations.

• The firm may be requested to construct site staging maps, call in bluestake requests, and perform other site preparation items such as requesting archeology surveys through the City’s Historical Preservation Office or requesting native plant inventories with JOC contractors prior to drilling setup.

Tucson Water will pay archeology and plant survey JOC firms directly.

• The firm will be required to prepare a site specific Health and Safety Plan (HASP) for their on-site personnel. The firm will also be required to review the drilling CONTRACTOR’s site specific HASP.

Tucson Water will review and approve all HASPs for each project.

• The firm will be required to supervise Driller crews during operations, analyze soil cuttings, perform sieve analyses if requested, and prepare detailed, accurate well logs for both production and monitor wells. The firm will be responsible for acceptance of well materials, such as casing, filter pack, and cement supplied by the Driller. The firm will be responsible for interpretation of alignment surveys and geophysical logs from pilot borehole logging. The firm will be required to oversee and document well installation to insure the well meets specifications. Tucson Water Hydrologists will provide general project oversight. Borehole drilling, well construction and aquifer testing oversight will involve 24-hour shift work.

• The firm may be required to oversee and document well abandonment, well rehabilitation, well development and pumping and recovery aquifer testing on new or existing wells. Tucson Water may request aquifer test data analysis using the Theis, Cooper Jacob or other appropriate methods to

BUSINESS SERVICES DEPARTMENT Page 6 of 38 produce transmissivity and conductivity data for new or existing wells. All aquifer testing data must be submitted in an Excel format approved by Tucson Water.

• Tucson Water will require concise and accurate field logs, well installation, construction inspection and aquifer testing reports to be submitted for review within 30 days of the end of the field portion of the project. Final documents are expected to be submitted to Tucson Water within 45 days.

Hydrogeologic Investigation

• The firm may be asked to collect groundwater samples or groundwater level measurements including from automated data loggers and transfer that data to Tucson Water personnel in an agreed upon format.

• The firm may be asked to oversee operation of Tucson Water’s air stripper to assist with sampling of contaminated groundwater wells.

• The firm may be asked to perform groundwater modeling using MODFLOW or similar software to support hydrologic investigations including, but not limited to, siting and operating aquifer recharge projects, hydrogeologic study necessary for permitting, and well drilling.

• The firm may be asked to perform other geologic and hydrologic investigations and write reports of such.

• The firm may be asked to write or assist with the writing of permit application packages including but not limited to applications for Aquifer Protection Permits, Recovery Permits, Underground Storage Facility Permits, Water Storage Permits, AZPDES Permits, and Designation of Assured Water Supply Applications.

• The firm may be asked to provide expert analysis and advocacy for Tucson Water in meetings with staff from ADWR and/or ADEQ.

C.2. RESPONSIBILITES & REQUIREMENTS

A. Personnel pre-approved by the City shall provide the professional and associated services.

B. It is essential that the consultant provide experienced personnel, capable of and devoted to the successful accomplishment of the tasks assigned under the contract. Although it is not mandatory, Tucson Water would prefer at least one Registered Geologist or Engineer on the project team.

C. If one or more members of the project management team changes at any time during the term of this contract, the City reserves the right to review their qualifications and accept or reject them based on their level of experience, proven ability to successfully complete assignments of the type described above, manage project budgets, and meet time constraints. This work may not be subcontracted out.

D. Tucson Water may elect to request project specific bids and schedules from two or more firms under the contract. Award of project work will depend on team experience, cost and availability.

E. The Consultant agrees that once assigned to work under this contract, key personnel shall not be removed or replaced without written notice to and subsequent concurrence of the City.

F. If key personnel are not available for work under this contract for a continuous period exceeding thirty calendar days or are expected to devote less effort to the work than anticipated, the Consultant shall immediately notify the City, and shall, with the consequence of the City, replace such personnel with personnel of equal ability and qualification.

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G. The Consultant shall be available to accept new tasks on an as needed, if needed basis and be able to meet strict deadlines for the completion of these jobs

H. Travel outside of Pima County, and reimbursement, must be pre-approved in writing by Tucson Water.

C.3. FINANCIAL CONSIDERATIONS

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

2. Consultants shall not be reimbursed for normal business use mileage within Pima County. Work requiring travel outside of Pima County shall include reimbursement for travel and per diem expenses paid per current City of Tucson policy (allowances). Any and all travel related expenses must be identified in the consultant’s cost proposal and approved by City’s Project Manager or Contract Representative prior to issuance of notice-to-proceed.

3. The Consultant shall consider normal computer and telephonic (including internet and cell-phone service) usage for daily activities as a part of their cost for conducting routine business; and shall not result in invoiced charges. Computer time for complex graphics, specialized computer dedicated activities or computer time for numerical modeling as needed for a specific task must be identified and proposed cost approved in the consultant’s cost proposal.

4. The City will pay the Consultant following the submission of itemized invoice(s). Each itemized invoice must bear a written certification by an authorized City representative, confirming the services for which payment is requested, have been performed as required. Direct expenses shall be paid at cost to consultant and shall include no markup.

5. Invoices shall be submitted monthly based upon work completed and direct costs incurred. Only upon completion of the project to the satisfaction of the City’s Project Manager or Contract Representative through the issuance of written letter of acceptance for the work; shall the release of final payment be made.

6. The City reserves the right, at its sole discretion; should it be deemed necessary and in the City’s best interest, to apply ten (10%) percent retainage for invoicing and payment, on a per project basis.

The City reserves the right to determine if proposed projects or tasks require the need for Liquidated Damage (LD) protections. If LD protection is required (based on the scope of work requested), the language and amount associated with recovery shall be negotiated with the consultant and explicitly outlined in the notice-to-proceed prior to issuance.

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D. INSTRUCTIONS TO OFFERORS

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

For purposes of this solicitation and subsequent contract, the following definitions shall apply:

City: The City of Tucson, Arizona

Contract: The legal agreement executed between the City and the Contractor/Consultant.

Contractor/Consultant: The individual, partnership, or corporation who, as a result of the competitive solicitation process, is awarded a contract by the City.

Contract Representative: The City employee or employees who have specifically been designated to act as a contact person or persons to the Contractor, and is responsible for monitoring and overseeing the Contractor's performance under this Contract.

Director of Business Services: The contracting authority for the City, authorized to sign contracts and amendments thereto on behalf of the City.

May: Indicates something that is not mandatory but permissible.

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

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

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

D.2. PRE-SUBMITTAL CONFERENCE

If scheduled, the date and time of a Pre-submittal conference is indicated on the cover page of this document. Attendance at this conference is not mandatory. Written minutes and/or notes will not be available, therefore attendance is encouraged. If an Offeror is unable to attend the Pre-submittal Conference questions may be submitted in writing. Offerors are encouraged to submit written questions, via electronic mail or facsimile, at least five days prior to the Request for Qualifications due date to the Contract Officer listed above. The purpose of this conference will be to clarify the contents of this Request for Qualifications in order to prevent any misunderstanding of the City's position. Any doubt as to the requirements of this Request for Qualifications or any apparent omission or discrepancy should be presented to the City at this conference. The City will then determine the appropriate action necessary, if any, and may issue a written amendment to the Request for Qualifications. Oral statements or instructions will not constitute an amendment to this Request for Qualifications.

D.3. INQUIRIES

Any question related to the Request for Qualifications shall be directed to the Contract Officer whose name appears above. An offeror shall not contact or ask questions of the department for whom the requirement is being procured. The Contract Officer may require any and all questions be submitted in

BUSINESS SERVICES DEPARTMENT Page 9 of 38 writing. Offerors are encouraged to submit written questions via electronic mail, at least five days prior to the submittal due date. Any correspondence related to a solicitation should refer to the appropriate Request for Qualifications number, page and paragraph number. Oral interpretations or clarifications will be without legal effect. Only questions answered by a formal written amendment to the Request for Qualifications will be binding.

D.4. AMENDMENT OF REQUEST FOR QUALIFICATIONS

The Offeror shall acknowledge receipt of a Request for Qualifications Amendment by signing and submitting the document through the City’s online bidding system by the specified due date and time.

D.5. FAMILIARIZATION OF SCOPE OF WORK

Before submitting a statement of qualifications, each Offeror shall familiarize itself with the Scope of Work, laws, regulations and other factors affecting contract performance. The Offeror shall be responsible for fully understanding the requirements of the subsequent Contract and otherwise satisfy itself as to the expense and difficulties accompanying the fulfillment of contract requirements. The submission of a statement of qualifications will constitute a representation of compliance by the Offeror.

There will be no subsequent financial adjustment, other than that provided by the subsequent Contract, for lack of such familiarization.

D.6. PREPARATION OF STATEMENT OF QUALIFICATIONS

A. All submittals shall be on the forms provided in this Request for Qualifications package. It is permissible to copy these forms as required. Facsimiles or electronic mail proposals shall not be considered.

B. At a minimum, your statement of qualification should include the signed Offer form, signed copies of any solicitation amendments and your response to all evaluation criteria.

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

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

E. It is the responsibility of all offerors to examine the entire Request for Qualification package and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting a response. Negligence in preparing a submittal confers no right of withdrawal after due date and time.

F. The City shall not reimburse the cost of developing, presenting, submitting or providing any response to this solicitation.

G. Offeror must list any subcontractors to be utilized in the performance of the services specified herein. For each subcontractor, details on respective qualifications must be included.

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D.7. SUBMITTAL FORMAT

A statement of qualifications should be submitted on the forms and in the format specified in the solicitation. Any information that the offeror requested to be held as confidential shall be clearly marked as such. The material should be in sequence and related to the solicitation. The sections of the submittal should be organized, clearly identifiable, and should include a minimum of the following sections: the completed Offer Form, all signed amendments, and the offeror’s response to the Evaluation Criteria.

Failure to include the requested information may have a negative impact on the evaluation of the offeror's submittal

D.8. EXCEPTIONS TO CONTRACT PROVISIONS

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

D.9. PUBLIC RECORD

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

D.10. CONFIDENTIAL INFORMATION

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

D.11. CERTIFICATION

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

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

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

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

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

D.12. WHERE TO SUBMIT STATEMENT OF QUALIFICAITONS

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, facsimile or electronic mail from the Offeror or a designated representative.

Telephonic or oral withdrawals shall not be considered.

D.16. CONTRACT NEGOTIATIONS

At the completion of the evaluation process, the City may enter into negotiations with the top ranked Offeror to determine fees, and to negotiate any other portion of the Contract deemed by the City to be necessary. In the event that the City is not able to negotiate successfully with the top ranked Offeror, the City shall cease negotiations with that Offeror and either begin negotiations with the next ranked Offeror or may choose to cancel the solicitation in its entirety. In the event that the City is not able to negotiate successfully with the next ranked Offeror, the City shall cease negotiations with that Offeror and either begin negotiations with the third ranked Offeror or may choose to cancel the solicitation in its entirety. Award shall be made to the Offeror whose submittal and subsequent negotiation is most advantageous to the City

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D.17. VENDOR APPLICATION

Prior to the award of a Contract, the successful offeror shall register with the City’s Business Services Department. Registration can be completed at http://www.tucsonprocurement.com/ by clicking on Vendor Services. Please note that email notifications of newly published solicitations and amendments will be provided to those vendors that select email as their preferred delivery method in their vendor record.

D.18. CITY OF TUCSON BUSINESS LICENSE

It is the responsibility of the Contractor to have a City of Tucson Business License throughout the life of this contract or a written determination from the City's Business License Section that a license is not required. At any time during the contract, the City may request the Contractor to provide a valid copy of the business license or a written determination that a business license is not required. Application for a City Business License can be completed at http://www.tucsonaz.gov/etax. For questions contact the City's Business License Section at (520) 791-4566 or email at tax-license@tucsonaz.gov.

D.19. UPON NOTICE OF INTENT TO AWARD

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

D.20. AWARD OF CONTRACT

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

A. waive any immaterial defect or informality; or

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

C. reissue the Request for Qualifications.

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

D.21. SUBMITTAL RESULTS

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

D.22. PROTESTS

A protest shall be in writing and shall be filed with the Director of Business Services. A protest of a Request for Qualification shall be received at the Business Services Department not less than five (5)

BUSINESS SERVICES DEPARTMENT Page 13 of 38 working days before the Request for Qualification due date. A protest of a proposed award or of an award shall be filed within ten (10) days after issuance of notification of award or issuance of a notice of intent to award, as applicable. A protest shall include:

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

B. The signature of the protestant or its representative;

C. Identification of the Request for Qualification or Contract number;

D. A detailed statement of the legal and factual grounds of protest including copies of relevant documents; and

E. The form of relief requested.

D.23. REQUEST FOR QUALIFICATION

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

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

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

D. The City shall enter into negotiations for a contract with the highest qualified person 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 all persons or firms on the short list. If a contract for construction services is entered into pursuant to this subsection, construction shall not commence until the City and contractor agree in writing on a fixed price or a guaranteed maximum price for the construction to be commenced.

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

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E. SELECTION PROCESS

E.1. SELECTION PROCESS

The selection process is provided below:

• One-Step - Statement of Qualifications (SOQ) o For One-Step solicitations, a qualified committee will evaluate the SOQ’s submitted and determine the offeror(s) most qualified to enter into negotiations for a contract.

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F. SPECIAL TERMS AND CONDITIONS

F.1. CONTRACT TERM AND RENEWAL

The term of this contract shall commence upon award and shall remain in effect for a period of one (1) year, unless terminated, canceled or extended as otherwise provided herein. The Consultant agrees that the parties shall have the right, to renew the Contract for two (2) additional two (2) year periods, or portions thereof. In the event that the parties exercise such rights, all terms, conditions, and provisions of the original contract shall remain the same and apply during the renewal period with the possible exception of price and minor scope additions and/or deletions.

F.2. SOFTWARE COMPATIBILITY

For the purposes of aiding the Consultant in the performance of their obligation under this Contract, the City shall furnish upon request all relevant data in the City’s possession and shall direct City officers, agents and employees to render all reasonable assistance to Consultant in connection with Consultants performance under this Contract. The provision of such aid, assistance, information or services as received from the City shall in no way relieve the Consultant from obligations under this Contract. The City does not warrant the compatibility of City furnished data, either electronic or in any form, with the Consultant’s software. All costs associated with data conversion or software upgrades and conversions shall be borne by the Consultant.

F.3. NOTICE TO PROCEED

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

F.4. PRINCIPAL CONSULTANT’S RESPONSIBILITY

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

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

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

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

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

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

By signing the Contract, the Consultant affirms that it has the ordinary skill, knowledge, and judgment possessed by members of its profession, and that it will use reasonable and ordinary care and diligence in performing the work.

F.5. SBE PROGRAM REQUIREMENTS

The SBE participation goal for this project will be evaluated during the negotiation phase prior to award.

Program requirements are codified in Chapter 28, Article XIII of the Tucson Procurement Code. The Prime Consultant shall submit to the Business Services Department, Business Enterprise & Compliance Program, either a completed statement of proposed SBE Participation Plan or an Affidavit of Good Faith Efforts indicating whether the request is for a full or partial waiver.

The SBE Plan must include:

A. The name of the SBE subcontractors/suppliers;

B. The type and scope of work or service each SBE will perform;

C. The dollar value of each SBE’s subcontract;

D. The dollar value of the prime contractor’s self-performed work if claiming SBE credit;

E. The total dollar value of SBE work performed and percentage of the contract value;

F. If the contract goal is not met, evidence of good faith efforts.

An approved plan or waiver request must be in place prior to issuance of Notice To Proceed (NTP).

A signed offer in response to this RFQ represents the offerors intent to comply with the SBE program.

See APPENDIX A - SBE Program Provisions for Professional Services

F.6. COOPERATIVE PURCHASING

Any Contract resulting from this solicitation shall be for the use of the City of Tucson. In addition, public and nonprofit agencies that have entered into a Cooperative Purchasing Agreement with the City of Tucson's Business Services Department are eligible to participate in any subsequent Contract. See http://www.tucsonprocurement.com/coop_partners.aspx and click on Cooperatives for a list of the public and nonprofit agencies that have currently entered into Cooperative Purchasing Agreements with the City of Tucson. Additionally, this contract is eligible for use by the Strategic Alliance for Volume

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Expenditures (SAVE) cooperative. See http://www.maricopa.gov/Materials/PubDocuments/SAVE-members.pdf for a listing of participating agencies. The parties agree that these lists are subject to change.

Any orders placed to, or services required from, the successful Contractor(s) will be requested by each participating agency. Payment for purchases made under this agreement will be the sole responsibility of each participating agency. The Contractor may negotiate additional expenses incurred as a result of participating agencies’ usage of this contract (i.e., freight charges, travel related expenses, etc.). The City shall not be responsible for any disputes arising out of transactions made by others.

The Contractor(s) will provide an electronic copy of the complete Contract to the City of Tucson Business Services Department upon receipt of the Notice of Intent to Award. At the City's request, the successful Contractor(s) may also be requested to provide an electronic copy of the complete Contract to a participating agency.

F.7. RATE ADJUSTMENT

The City will review fully documented requests for rate adjustment after any contract has been in effect for one (1) year. Any rate adjustment will only be made at the time of contract extension and will be a factor in the extension review process. The City will determine whether the requested rate adjustment or an alternate option, is in the best interest of the City. Any rate adjustment will be effective upon the effective date of the contract extension.

F.8. SECURITY REQUIREMENT

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

F.9. 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. The highest ranked firm(s) will be 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. Individual projects not to exceed $ 250,000 unless a written wavier is obtained from the Director of Procurement.

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

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F.10. 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.11. 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 must be identified and approved in the Contractor’s cost proposal. Estimated travel expenses shall be submitted to the Project Manager for approval prior to authorization of specific travel.

Contractor will make every effort to minimize or eliminate the need for direct expenses and will actively pursue options to consolidate travel/lodging expenses whenever possible.

Contractor shall not be reimbursed for normal business use mileage within Pima County. Contractor shall consider normal computer and telephone usage for daily activities as a part of overhead.

Travel expenses are limited to the total expense resulting from traveling directly to the destination and staying only the number of days necessary to conduct official business. The Contractor is encouraged to arrive earlier or stay longer than is necessary if doing so will result in savings to the City. In some cases, because of airline discount terms, an additional day(s) of travel will result in substantial airfare savings -- enough savings to offset additional lodging and per diem costs. The Contractor shall fly coach when the flight includes both coach and first-class seats. First-class seats may be allowed if coach seats are not available and no other flight can be substituted. Additional fees or fares incurred during air travel must be substantiated by a receipt. The total reimbursement for vehicular transportation shall in no case exceed the amount that would be incurred using air transportation. Travel by personal vehicle shall be reimbursed in accordance with the current Federal per diem rates. All vehicular parking or storage costs will be reimbursed. Receipts are not required. Vehicle expense reimbursements will be paid only to the vehicle owner. Passengers are not entitled to vehicular expense reimbursement.

Miscellaneous expenses include local phone calls, snacks, and gratuities. Miscellaneous expenses are included in the per diem rate. Contractor is responsible for utilizing the appropriate per diem rates for locations outside of Tucson where travel is taking place. In addition, Contractor is responsible for utilizing updated Per Diem Rates for subsequent Fiscal Years.

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F.12. INVOICING

The City will pay the Contractor following the submission of an itemized invoice(s) on the prescribed form as provided by COT. 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.

F.13. MULTIPLE AWARDS

To provide adequate Contract coverage, multiple awards may be made.

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G. INSURANCE REQUIREMENTS

G.1. INSURANCE PROVISIONS OVERVIEW

The Contractor agrees to:

A. Obtain insurance coverage of the types and amount required in this section and keep such insurance coverage in force throughout the life of this contract. All policies will contain an endorsement providing that written notice be given to the City at least thirty (30) calendar days prior to termination, cancellation, or reduction in coverage in any policy.

B. The Commercial General Liability Insurance and Commercial Automobile Liability Insurance policies will include the City as an additional insured with respect to liability arising out of the performance of this contract. Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract. The Contractor agrees that the insurance hereunder will be primary and that any insurance carried by the City will be excess and not contributing.

G.2. Commercial General Liability

Policy shall include Bodily Injury, Property Damage, Personal Injury and Broad Form Contractual Liability:

Each Occurrence: $1,000,000

General Aggregate: $2,000,000

Products & Completed Operations Aggregate: $2,000,000

Personal and Advertising Injury: $1,000,000

Blanket Contractual Liability: $1,000,000

G.3. Commercial Automobile Liability

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

Combined Single Limit: $1,000,000

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

Per Occurrence: Statutory

Employer's Liability: $1,000,000

Disease Each Employee: $1,000,000

Disease Policy Limit: $1,000,000

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

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

G.5. Professional Liability (Errors & Omissions)

Each Claim: $1,000,000

Annual Aggregate: $2,000,000

G.6. CLAIMS MADE INSURANCE COVERAGE

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

G.7. ADDITIONAL INSURANCE REQUIREMENTS

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

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

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

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

G.8. NOTICE OF COVERAGE MODIFICATIONS

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

G.9. ACCEPTABILITY OF INSURERS

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

G.10. VERIFICATION OF COVERAGE

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

All certificates and endorsements are to be received and approved by the City of Tucson before work commences.