REQUEST FOR QUALIFICATIONS RFQ: 2022017 CITY OF …

Sundance

CITY OF BUCKEYE

REQUEST FOR QUALIFICATIONS

RFQ: 2022017

CITY OF BUCKEYE- AIRPORT SPECIFIC AREA PLAN

CONTACT PERSON Tyra R. Bell

Purchasing Supervisor 623.349.6171

[email protected]

Date Issued: October 4, 2021 Pre-Submittal Conference: October 18, 2021 at 2:30 PM Last Day for Inquires: November 1, 2021 at 5:00 PM RFQ Due Date: November 22, 2021 at 2:00 PM

PLEASE NOTE: IF DOCUMENTS WERE DOWNLOADED FROM THE CITY OF BUCKEYE WEBSITE, BIDDER IS RESPONSIBLE FOR OBTAINING ANY AMENDMENTS EITHER THROUGH UPDATES ON THE WEBSITE, OR BY CONTACTING THE CITY CONTACT PERSON LISTED ABOVE.

mailto:[email protected]

Request for Qualifications # 2022017 CITY OF BUCKEYE AIRPORT SPECIFIC AREA PLAN i

TABLE OF CONTENTS

REQUEST FOR QUALIFICATIONS # 2022017

SECTION 1 Introduction ........................................................................................................ 1

SECTION 2 Project Summary/Scope of Work ....................................................................... 1

SECTION 3 Pre-Submittal Conference .................................................................................. 3

SECTION 4 Submittal Requirements ..................................................................................... 3

Cover Letter ..................................................................................................................... 5

TAB A – Project Experience .............................................................................................. 5

TAB B – Past Performance Questionnaire ....................................................................... 5

TAB C – Experience of Key Personnel .............................................................................. 5

TAB D – Method of Approach .......................................................................................... 8

SECTION 5 Selection Process ................................................................................................ 8

SECTION 6 General Information ........................................................................................... 8

ATTACHMENTS

1- Past Performance Questionnaire .................................................................................... 12

2- Sample Professional Services Agreement ....................................................................... 14

Request for Qualifications # 2022017 CITY OF BUCKEYE AIRPORT SPECIFIC AREA PLAN 1

SECTION 1 - INTRODUCTION The City of Buckeye (City) is seeking professional planning services to provide a Buckeye Airport comprehensive Specific Area Plan. The Specific Area Plan will be a regulatory long-range planning document that will outline a cohesive, long-term plan for the nearly five square mile Activity Center surrounding the Buckeye Municipal Airport. The City anticipates that adoption of the Specific Area Plan will result in further intensification and clarification of land uses beyond what currently exists today. Actual development intensities/densities and permitted uses will be defined through the planning review process. SECTION 2 – PROJECT SUMMARY/SCOPE OF WORK The consultant will complete the following tasks for the Buckeye Airport Employment Activity Center Specific Area Plan. A. Data Collection, Inventory, Existing Conditions, Literature Review

A. 1 Review applicable plans and studies: : Buckeye General Plan (2018), Transportation Master Plan (2019), Buckeye Municipal Airport Master Plan (2007), and other agency related plans from Arizona Department of Transportation, Maricopa County Department of Transportation, Maricopa County Flood Control District, and Luke Air Force Base.

A. 2 Data Collection – existing conditions, GIS data collection from City and stakeholders including roads, rail, canals, utilities, and socioeconomic and demographic data.

B. Identify existing entitlements, uses, building sizes and dimensions, and development

envelopes

C. Land Use and Design: C.1 Detailed land use plan based upon existing and planned character and uses C.2 Development standards to promote the employment character and compatible infill,

design, siting, and uses C.3 Airport development protections in regards to building heights, noise, future

expansions, etc. C.4 Transitional development standards to blend the plan to adjacent development areas

D. Prepare policies and goals for the Specific Area Plan

E. Identify future potential development uses and “projects” for each parcel within the

Specific Area Plan area using market analysis and economic development study


F. Economic Development: F.1 Cost benefit analysis estimating implementation and long-term maintenance costs for

proposed public improvements/programs vs increased land value and sales taxes. F.2 Financing mechanisms: cost-share loans/grants for private property improvement,

special taxing districts, improvement districts, redevelopment/revitalization districts. F.3 Feasibility of public private partnerships (PPP) F.4 Vacant property policies: acquisition, enforcement, resale F.5 Marketing and identity strategies F.6 Permitting, land use, licensing, or other city process enhancements F.7 Provide an implementation plan and financing strategy

G. Consider road alignments and public improvements in the Specific Area Plan Area

H. Provide an environmental review

I. Concurrent to the development of this Specific Area Plan, the City of Buckeye will be

seeking services to prepare a City of Buckeye Airport Master Plan. The authors of each plan will coordinate as needed to ensure relevant data and recommendations are shared and synchronized.

J. Outreach and Involvement J.1 A kick-off meeting will be held with Airport staff, Planning staff, and the consultant

team. The meeting will focus on the existing uses in the Specific Area Plan area as well as different uses that might be proposed. The status of policies and actions will be updated and possible changes discussed. Other possible changes in the Specific Plan area including allowed uses, road alignments, sidewalks and other public amenities and traffic improvements will also be discussed.

J.2 Community Open Houses (2 meetings) J.3 Stakeholder Group (quarterly meetings – no more than 4) J.4 Development Partnering Group (1 meeting) J.5 Planning and Zoning Commission workshop (2 meetings) J.6 Buckeye City Council workshop (2 meetings) J.7 Coordination and/or meet with other stakeholders which may include

o Airport Advisory Board o Buckeye Valley Chamber of Commerce o Union Pacific Rail Road o McDOT, ADOT, Valley Metro o Buckeye Water Conservation District o APS, SW Gas o Flood Control District of Maricopa County o Maricopa Association of Governments


J.8 All public meetings (2 public hearings) associated with the adoption of the Airport Employment Activity Center Specific Area Plan as a major amendment to the Buckeye General Plan.

K. Administrative Tasks

K.1 Standing meeting/phone calls with city project managers (weekly or as needed) K.2 Monthly progress reports (up to 1 page) K.3 Track, save, and distribute all meetings minutes/summaries to city staff K.4 Provide all materials for meetings, such as PowerPoints, comment forms, presentation

boards, and sign in sheets for each meeting K.5 Maintain and manage the project schedule K.6 Answer questions from various stakeholders and city staff throughout the duration of

the project via email and phone calls

L. Deliverables Under the contract to be awarded through this RFQ, the City of Buckeye seeks to receive the following deliverables from the Vendor. L.1 Ten (10) bound color paper copies of the Buckeye Airport Employment Activity Center

Specific Area Plan, one editable electronic copy (Microsoft Word), and one non-editable electronic copy (Adobe PDF). All non-text components, such as maps, images, renderings, and other graphic materials will be provided in their original editable format.

L.2 Ten (10) paper copies of an executive summary, one editable electronic copy (Microsoft Word), and one non-editable electronic copy (Adobe PDF). The documents will be expected to be published on the City of Buckeye website. The City will own the information and data provided at the conclusion of the contract for service so that the City can continue to use, update, and maintain the information beyond the subject contract.

M. Current Airport Documents Availability M.1 A digital copy of the existing Master Plan, Strategic Plan, and other documents as

noted in the Document Review section are available on the Airport's website at: https://www.buckeyeaz.gov/residents/buckeye-municipal-airport

M.2 The City of Buckeye General Plan can be found at: https://www.buckeyeaz.gov/business/development-services/planning-zoning/general-plan

SECTION 3 - PRE-SUBMITTAL CONFERENCE The pre-submittal conference has been scheduled for October 18, 2021, at 2:30 PM and will be held utilizing Microsoft Teams. The meeting link can be accessed by clicking the link provided on the City’s website under Open Solicitations and the webpage for this solicitation as follows: https://www.buckeyeaz.gov/business/construction-contracting/open-solicitations

https://www.buckeyeaz.gov/residents/buckeye-municipal-airport

https://www.buckeyeaz.gov/business/development-services/planning-zoning/general-plan

https://www.buckeyeaz.gov/business/development-services/planning-zoning/general-plan

https://www.buckeyeaz.gov/business/construction-contracting/open-solicitations


Please attempt to access the meeting prior to the scheduled meeting time to identify any access issues. Attendance at this meeting is encouraged but not required. This meeting will be recorded using Microsoft Teams and posted to the City’s website following the meeting. All attendees will be muted during the presentation. It is encouraged to post questions within the Q&A chat function of Microsoft Teams as they come up so they can be addressed at the close of the presentation. SECTION 4 – SUBMITTAL REQUIREMENTS Firms interested in this project should submit a Statement of Qualifications (SOQ) via electronic email no later than 2:00 PM., Monday, November 22, 2021. All documents required as part of the SOQ shall be completed, scanned as a .pdf, and added as an attachment to the email submittal. The .pdf shall have the name of the company submitting and subject of the email should be RFQ No. 2022017 City of Buckeye Airport Specific Area Plan. SOQ should be emailed to [email protected]. Please be advised that failure to comply with the following criteria will result in disqualification:

• Receipt of submittal by the date and time specified. • Adherence to maximum page requirements. • Acknowledgement of all addenda. • Acknowledgement in the cover letter that the City’s Professional Services Agreement has

been reviewed by the submitting firm and the firm is willing to execute the agreement as written.

All questions regarding this Statement of Qualifications are to be addressed in writing or by email to: Tyra Bell Construction and Contracting Division Second Floor, City Hall 530 East Monroe Avenue Buckeye, Arizona 85326 Email: [email protected] All proposals received, via email will be documented and posted on the City of Buckeye’s website at www.buckeyeaz.gov/open-solicitations under the webpage for this solicitation. The Contractor assumes the responsibility for having the SOQ submitted on time via email to the email address shown above. Any SOQ received after the due date and time shall not be considered and will be returned. The Contractor assumes the risk of any delay in the electronic processing of the Contractor’s email through both parties (Contractor and City) network. Bidders must allow adequate time to ensure that the emails are timely received by the City at the designated email address. All time referenced are Buckeye, Arizona local times. Consultant agree to accept the time and date that is recorded on the received email as the official time. Any emails


http://www.buckeyeaz.gov/open-solicitations


submission that are 2:01 pm. or later on the scheduled due date will be considered late and therefore, returned to sender. Firms interested in this project should adhere to the maximum page criterion is critical: each page side (maximum 8-1/2” x 11”) with criteria information will be counted. Do not use 11” x 14” or 11” x 17” size sheets (e.g., fold-outs) unless specifically authorized. Pages that have project photos, charts and/or graphs will be counted towards the required number of pages. Front and back covers, Table of Contents, and divider (tab) pages will not be counted unless they include qualification information that could be considered by the selection panel. Resumes should provide information for key staff (no company profiles) and should not include project pictures or general firm information. Any additional company information or non-key staff information included in the resume section will be counted against the maximum page requirement. Do not submit additional information not listed herein. Font size may not be less than 10 point. Consultant Team Arrangements are considered an arrangement in which either 1) two or more companies form a partnership or joint venture to act as a potential prime consultant; or 2) a potential prime consultant agrees with one or more other consultants to have them act as its sub consultants for this specific solicitation. The City will recognize the integrity and validity of the consultant’s team arrangements; provided, the arrangements are identified and company relationships are fully disclosed in the proposal by providing a form of organizational structure such as a Joint Venture Agreement or a Financial Agreement to sub consultant with the prime. The Consultant shall identify the major or critical aspects of the requirement to be performed by those identified in the Consultant Team Arrangement. The submission must contain a narrative that clearly explains the relevance to a particular factor of information concerning a company that is part of a Consultant Team Arrangement. Any narrative provided should be incorporated into the Consultant’s proposal after the cover letter. SOQ Contents and Format: (City of Buckeye-Airport Specific Area Plan) Submittal Cover Letter (one (1) page cover letter) TAB A: Project Experience (two (2) page per project, maximum of five (5) projects) TAB B: Past Performance Questionnaire (one form per projects identified in TAB A) TAB C: Key Personnel Resumes (one page per resume, plus organizational chart) TAB D: Project Understanding and Approach (25 pages) COVER LETTER Provide the following information:

1. Provide a general description of the company. 2. Explain the legal organization of the company. 3. Identify any contract or subcontract held by the company or officers of the company,

which has been terminated within the last five years. 4. Identify any claims arising from a contract which resulted in litigation or arbitration within

the last three years. Briefly describe the circumstances and the outcomes.


5. Arizona business and/or professional licenses/registrations held by the firm. 6. Name, title, contact information, email, and signature of person authorized to sign the

Proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority.

TAB A - Project Experience (City of Buckeye Airport Specific Area Plan) Identify at least three (3) but no more than five (5) projects where you were the primary consultant specific to an Airport Specific Area Plan. Demonstrate the experience of your firm and/or proposed team, including all sub-consultants, on projects same/similar to that described in this solicitation for same/similar services. The projects submitted should also demonstrate that the consultant and/or the team have performed a same/similar type of services to be considered relevant in the last five years. TAB B - Past Performance Questionnaire For each project submitted in TAB A, complete a Past Performance Questionnaire. (Attachment 1.) The firm is directed to provide this form to the project owner or Point of Contract. Instruct the owner to complete the form and return the form with your submission. TAB C - Experience of Key Personnel For each key person identified, list their length of time with the firm and at least two comparable projects in which they have played a primary role. There are no limitations on the number of key positions the firms may provide. However, at a minimum, the firm must provide the primary consultant, and at least one (1) person from each sub-consultant identified. Each resume is limited to one (1) page.

(a) Name and title. (b) Project assignment. (c) Name of firm with which associated. (d) Years’ experience with this firm and with other firms. (e) Active professional registration, year first registered, if applicable. (f) Other experience and qualifications relevant to same/similar described in TAB A or other

relevant projects/work required under this contract. (g) Education: degree(s), year, specialization, if applicable.

Include an organizational chart (maximum 2 pages) at the end of this tab, chart may be submitted in 11”X17”. Provide an organizational chart that depicts the project team organization and lines of authority. Clearly indicate superior/subordinate reporting relationships; Provide names of each position and identification of firm or sub-consultant. TAB D – Project Understanding and Approach Describe the firm’s approach to performing the required Services in the Scope of Work described above. Describe the opportunities, goals, recommendations, priorities and constraints that would be necessary in developing the City of Buckeye Airport Specific Area Plan.


Provide a tentative Project Work Plan/schedule showing key project milestones and deliverables. (Identified in Section 2) The schedule shall demonstrate firm’s ability to meet the designated milestones. SECTION 5 - SELECTION PROCESS This Request for Qualifications (RFQ) is being conducted pursuant to A.R.S. § 34-603. The process is to review and evaluate the qualifications using a forced ranking system. No individual points will be assigned to the criteria above. The qualifications submitted in response to this RFQ will be ranked in descending order. A Selection Panel will evaluate each SOQ according to the criteria set forth in Section 4 above. The City will select a firm(s) based on the SOQ’s received; formal interviews may or may not be conducted. The City may conduct a due diligence review on the firm(s) receiving the highest ranking in the evaluation. A “Selection Committee" will be comprised of City employees and outside companies and/or Consultants. The selection committee will review, evaluate, and rank the RFQ responses in accordance with the evaluation criteria established above. The City may then decide if necessary to conduct interviews of firms to make final selections. The City will award a Professional Services Consulting Contract to the highest-ranked firm, after a successfully negotiated fee schedule has been made. SECTION 6 - GENERAL INFORMATION Sample Contract. An example of the City’s Professional Services Agreement is attached as Attachment 2. City Rights. The City of Buckeye reserves the right to reject any or all Statements of Qualifications, to waive any informality or irregularity in any Statement of Qualifications received, and to be the sole judge of the merits of the respective Statements of Qualifications received. Acceptance of Evaluation Methodology. By submitting, it’s Qualifications in response to this SOQ, respondent acknowledges and accepts the evaluation process, the established criteria and associated point values, and that determination of the “most qualified” firm(s) will require subjective judgments by the City. Release of Project Information. The City shall provide the release of all public information concerning this project, including selection announcements and contract award. Those desiring to release information to the public must receive prior written approval from the City. Contact with City Employees. All firms interested in this project (including the firm’s employees, representatives, agents, lobbyists, attorneys, and subcontractors) will refrain, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may play a part in the selection


process, including the evaluation panel, the City Manager, Department Heads and other City staff. This policy is intended to create a level playing field for all potential firms, assure that contract decisions are made in public and to protect the integrity of the selection process. All contact on this selection process should be addressed to the authorized representative identified in Section 4 above. Data Confidentiality. Except as specifically provided in the Contract, the Contractor or its subcontractors shall not divulge data to any third party without prior written consent of the City. Legal Worker Requirements. The City of Buckeye is prohibited by A.R.S. § 41-4401 from awarding a contract to any contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A). The contractor and each subcontractor shall comply with all federal immigration laws and regulations related to their employees and compliance with the stated law. The City of Buckeye retains the legal right to inspect the papers of any contractor or subcontractor employee who is awarded a contract to ensure that the firm or subcontractor is complying with the law. Lawful Presence Requirement. Pursuant to A.R.S. §§ 1-501 and 1-502, the City of Buckeye is prohibited from awarding a contract to any natural person who cannot establish that such person is lawfully present in the United States. To establish lawful presence, a person must produce qualifying identification and sign a City-provided affidavit affirming that the identification provided is genuine. This requirement will be imposed at the time of contract award. This requirement does not apply to business organizations such as corporations, partnerships or limited liability companies. Protest Procedures. Firms wishing to respond to disqualification or a procurement outcome may refer to The Procurement Code of the City of Buckeye, Section 24-3-16 that governs protest procedures utilized throughout the selection process. Suspension/Debarment. By submitting a proposal in response to this solicitation, the respondent is certifying that it is neither debarred nor suspended nor under consideration for suspension or debarment by any federal, state or local government or agency. If a respondent is not able to certify, the respondent must submit a letter that identifies the agency involved and a contact and explains why respondent is suspended or debarred or being considered for suspension or debarment. Questions. All questions pertaining to this selection process, contract issues, or Scope of Work must be directed to Tyra R. Bell, Purchasing Supervisor, Construction and Contracting Division at [email protected]. All questions must be received, in writing (including email), no later than seven (7) days in advance of the SOQ due date. Responses to questions that materially change the scope or intent of this RFQ will be issued via Amendment on the City of Buckeye website. The City will not notify Respondents of posting of Amendments. Therefore, it is the Respondents’ sole responsibility to check the website periodically for all issued Amendments. Failure to include acknowledgement of all Amendments may be cause for rejection of the proposal.


Request for Qualifications # 2022017 City of Buckeye Airport Specific Area Plan

ATTACHMENT 1 TO

RFQ NO. 2022017 CITY OF BUCKEYE AIRPORT SPECIFIC AREA PLAN

(PAST PERFORMANCE QUESTIONNAIRE)

CONTRACT INFORMATION (To be completed by Contractor/Consultant)1. Contractor/Consultant Information:Firm Name: __________________________ Email : ____________________________________Address: _____________________________ Contact Name: _____________________________Phone Number: _______________________ Contact Phone: _____________________________

2. Work Performed as: Prime Consultant Sub Contractor Joint Venture Other (Explain):

3. Contract Information:Contract Number:________________________________Contract Type: Firm Fixed Price Cost Reimbursement Other (Please specify):Contract Title: __________________________________ Contract Location: _______________________

Award Date (mm/dd/yy): ____________________Contract Completion Date: ____________________ Actual Completion Date : __________________Explain Differences:

Original Contract Price (Award Amount): __________________________Final Contract Price (to include all modifications, if applicable) : _________________________Explain Differences:

4. Project Description:Complexity of Work: High Med Routine

CLIENT INFORMATION (To be completed by Client)5. Client Information:Name: ___________________________________Phone Number: ____________________________________

Title: ____________________________________Email Address: _______________________________________6. Describe the client's role in the project:

Client Signature: Date:

PAST PERFORMANCE QUESTIONNAIRE

How is this project relevant to project of submission? (Please provide details such as similar Deliverables, Outreach plans, Presentations)

NOTE(E ) Exceptional An Exceptional rating is appropriate when the

contractor successfully performed multiple significant events that were of benefit to the Government/Owner. A singular benefit, however, could be of such magnitude that it alone constitutes an Exceptional rating. Also there should have been NO significant weaknesses identified.

A Very Good raiting is appropriate when the Contractor successuflly performed a significant event that was a benefit to the Government/Owner. There should have been no significant weaknesses identified.

A Satisfactory raiting is appropriate when there were only minor problems, or major problems that the contractor recovered from without impact to the contract. There should have been NO significant weaknesses identified. Per DOD policy, a fundamental principle of assigning raitings is that the contractors will not be assessed a raiting lower than Satisfactory solely for not performing beyond the requirements of the contract.

A Marginal raiting is appropriate when a significant event occurred that the contractor had trouble overcoming which impacted the Government/Owner.

An Unsatisfactory raiting is appropriate when multiple significant events occurred that the contractor had trouble overcoming and which impacted the Government/Owner. A singular problem, however, could be of such serious magnitude that it alone constitutes an unsatisfactory raiting.

Raiting will be neither positive nor negative.No information or did not apply to your contract

Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains serious problem(s) for which the contractor's corrective actions appear or were ineffective.

Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor's proposed actions appear only marginally effective or were not fully implemented.

Performance meets minimum contractual requirements. The contractual prerformance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory

Performance meets contractual requirements and exceeds some to the Government/Owner's benefit. The contractual performance of the element or sub-element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective

(N) Not Applicable

(U) Unsatisfactory

(M) Marginal

(S) Satisfactory

(VG) Very Good

RAITING DEFINITION

ADJECTIVE RAITINGS AND DEFINITIONS TO BE USED TO BEST REFLECT

Performance meets contractual requirements and exceeds many to the Government/Owner's benefit. The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective

YOUR EVALUATION OF THE CONTRACTOR'S PERFORMANCE

a) Quality of technical data/report preparation efforts E VG S M U Nb) Ability to meet quality standards specified for technical performance E VG S M U Nc) Timeliness/effectiveness of contract problem resolution without extensive customer guidance

E VG S M U N

d) Adequacy/effectiveness of quality control program and adherence to contract quality assurance requirements (without adverse effect on performance)

E VG S M U N

a) Compliance with contract delivery/completion schedules including any significant intermediate milestones. (If liquidated damages were assessed or the schedule was not met, please address below)

E VG S M U N

b) Rate the consultant's use of available resources to accomplish tasks identified in the contract

E VG S M U N

a) To what extent were the end users satisfied with the project? E VG S M U Nb) Consultant was reasonable and cooperative in dealing with your staff (including the ability to successfully resolve disagreements/disputes; responsiveness to administrative reports, businesslike and communication)

E VG S M U N

c) To what extent was the consultant cooperative, businesslike, and concerned with the interests of the customer?

E VG S M U N

d) Overall customer satisfaction E VG S M U N

a) Effectiveness of on-site management of consultants, and/or labor force?E VG S M U N

b) Ability to hire, apply, and retain a qualified workforce through this effortE VG S M U N

c) Knowledge/expertise demonstrated by consultant personnel E VG S M U Nd) Ability to simultaneously manage multiple projects with multiple disciplines

E VG S M U N

e) Ability to assimilate and incorporate changes in requirements and/or priority, including planning, execution and response to Government changed E VG S M U N

f) Effectiveness of overall management (including ability to effectively lead, manage and control the program)

E VG S M U N

PAST PERFORMANCE EVALUATION(TO BE COMPLETED BY CLIENT)

1. QUALITY

2. SCHEDULE/TIMELINESS OF PERFORMANCE:

3. CUSTOMER SATISFACTION

4. MANAGEMENT/PERSONNEL/LABOR

a) Ability to meet the terms and conditions within the contractually agreed price(s)?

E VG S M U N

b) Consultant proposed innovative alternative methods/processes that reduced cost, improved maintainability or other factors that benefited the client E VG S M U N

c) Is the Consultant's accounting system adequate for management and tracking of costs? If no, please explain in Remarks section.

d) If this is/was a Government contract, has/was this contract been partially or completely terminated for default or convenience or are there any pending terminations? Indicate if show cause or cure notices were issued, or any default action in comment section below. e) Have there been any indications that the consultant has had any financial problems? If yes, please explain below.

a) Ability to successfully respond to emergency and/or surge situations (including notifying COR, PM or Contracting Officer in a timely manner regarding urgent contractual issues)

E VG S M U N

b) Compliance with contractual terms/ provisions (explain if specific issues)E VG S M U N

c) Would you hire or work with this firm again? (if no, please explain below)

d) In summary, provide an overall raiting for the work performed by this consultant.

E VG S M U N

Client Signature: Date:

Please provide responses to the questions above (if applicable) and/or additional remarks. Furthermore, please provide a brief narrative addressing specific strengths, weaknesses, deficiencies, or other comments which may assist our office in evaluating performance risk. (please attach additional pages if necessary)

5. COST/FINANCIAL MANAGEMENT

6. GENERAL

Yes No

NoYes

NoYes

Yes No

Request for Qualifications # 2022017 City of Buckeye Airport Specific Area Plan

ATTACHMENT 1

TO

RFQ No. 2022017

City of Buckeye Airport Specific Area plan

(Professional Services Agreement)

1

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF BUCKEYE AND

VENDOR NAME. CONTRACT No xxxxxxxx

THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered into by and between the City of Buckeye, an Arizona municipal corporation (the “City”) and Vendor Name. (the “Consultant”).

RECITALS

The City of Buckeye, Arizona, is authorized and empowered by the City Code to execute contracts for professional services.

The Consultant submitted a proposal (the “Proposal”), attached hereto as Exhibit A and incorporated herein by reference, and the City desires to enter into an Agreement with the Consultant (the “Services”).

AGREEMENT

NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the Consultant hereby agree as follows:

1. Term of Agreement. This Agreement shall be effective as of the date fully executed by the City and shall remain in full force and effect for one (1) year or until such time as the Scope of Services is completed and approved by the City, or unless terminated as otherwise provided pursuant to the terms and conditions of this Agreement. 2. Scope of Work. The Consultant shall provide the Services as set forth in the Proposal, attached hereto as Exhibit A and incorporated herein by reference. 3. Compensation. The City shall pay Consultant a total amount not to exceed ($XXX,XXX.XX) at the rates as set forth in the Proposal, attached hereto as Exhibit A and incorporated herein by reference. 4. Payments. The City shall pay the Consultant monthly, based upon work performed and completed to date, and upon submission and approval of invoices. All invoices shall document and itemize all work completed to date. The invoice statement shall include a record of time expended and work performed in sufficient detail to justify payment. 5. Documents. All documents prepared and submitted to the City pursuant to this Agreement shall be the property of the City.

6. Consultant Personnel. The Consultant shall provide adequate, experienced personnel, capable of and devoted to the successful completion of the Services to be performed under this Agreement. The Consultant agrees to assign specific individuals to key positions. The Consultant agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced without prior written notice to the City. If key personnel are not available to perform

Contract No. XXXXXX 2 Contract Name Vendor Name

the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, The Consultant shall immediately notify the City of same and shall, subject to the concurrence of the City, replace such personnel with personnel of substantially equal ability and qualifications. 7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by the City at reasonable times during the Consultant’s performance. The Consultant shall provide and maintain a self-inspection system that is acceptable to the City. 8. Licenses; Materials. The Consultant shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Consultant. The City has no obligation to provide the Consultant, its employees or sub-consultants any business registrations or licenses required to perform the specific services set forth in this Agreement. The City has no obligation to provide tools, equipment or material to the Consultant. 9. Performance Warranty. The Consultant warrants that the Services rendered will conform to the requirements of this Agreement and to the highest professional standards in the field. 10. Indemnification. To the fullest extent permitted by law, the Consultant shall indemnify, defend and hold harmless the City and each council member, officer, employee or agent thereof (the City and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Consultant, its officers, employees, agents, or any tier of sub-consultant in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section.

11. Insurance. 11.1 General. A. Insurer Qualifications. Without limiting any obligations or liabilities of the Consultant, the Consultant shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies duly licensed by the State of Arizona with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the City. Failure to maintain insurance as specified herein may result in termination of this Agreement at the City’s option. B. No Representation of Coverage Adequacy. By requiring insurance herein, the City does not represent that coverage and limits will be adequate to protect the Consultant. The City reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve the Consultant


from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement.

C. Additional Insured. All insurance coverage and self-insured retention or deductible portions, except Workers’ Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the City, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage Parts of this Agreement. D. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the City, unless specified otherwise in this Agreement. E. Primary Insurance. The Consultant’s insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the City as an Additional Insured.

F. Waiver. All policies, except for Professional Liability, including Workers’ Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the City, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of the Consultant. The Consultant shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto.

G. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the City. The Consultant shall be solely responsible for any such deductible or self-insured retention amount. H. Use of Sub-consultants. If any work under this Agreement is subcontracted in any way, the Consultant shall execute written agreements with its sub-consultants containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the City and the Consultant. The Consultant shall be responsible for executing any agreements with its sub-consultants and obtaining certificates of insurance verifying the insurance requirements. I. Evidence of Insurance. Prior to commencing any work or services under this Agreement, the Consultant will provide the City with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Agreement, issued by the Consultant’s insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The City shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. In the event any insurance policy required by this Agreement is written on a “claims made” basis, coverage shall extend for two years past completion of the Services and the City’s acceptance of the Consultant’s work or services and as evidenced by annual


certificates of insurance. If any of the policies required by this Agreement expire during the life of this Agreement, it shall be the Consultant’s responsibility to forward renewal certificates and declaration page(s) to the City 30 days prior to the expiration date. All certificates of insurance and declarations required by this Agreement shall be identified by referencing the RFP number and title of this Agreement. A $25.00 administrative fee shall be assessed for all certificates or declarations received without the appropriate RFP number and title or a reference to this Agreement, as applicable. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing the appropriate RFP number and title or reference to this Agreement, as applicable, will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions:

(1) The City, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows:

(a) Commercial General Liability - Under Insurance Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent.

(b) Auto Liability - Under ISO Form CA 20 48 or equivalent. (c) Excess Liability - Follow Form to underlying insurance.

(2) The Consultant’s insurance shall be primary insurance as respects performance of the Agreement.

(3) All policies, except for Professional Liability, including Workers’ Compensation, waive rights of recovery (subrogation) against the City, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by the Consultant under this Agreement. (4) A 30-day advance notice cancellation provision. If ACORD certificate of insurance form is used, the phrases in the cancellation provision “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted.

11.2 Required Insurance Coverage. A. Commercial General Liability. The Consultant shall maintain “occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent consultants, products-completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the City, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement


form CG 20 10 03 97, or equivalent, which shall read “Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work” for that insured by or for you.” If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. B. Vehicle Liability. The Consultant shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on the Consultant’s owned, hired and non-owned vehicles assigned to or used in the performance of the Consultant’s work or services under this Agreement. Coverage will be at least as broad as ISO coverage code “1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the City, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. C. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Consultant engages in any professional services or work adjunct or residual to performing the work under this Agreement, the Consultant shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Consultant, or anyone employed by the Consultant, or anyone for whose negligent acts, mistakes, errors and omissions the Consultant is legally liable, with an unimpaired liability insurance limit of $1,000,000 each claim and $2,000,000 annual aggregate. In the event the Professional Liability insurance policy is written on a “claims made” basis, coverage shall extend for two years past completion and acceptance of the Services, and the Consultant shall be required to submit certificates of insurance and a copy of the declaration page(s) of the insurance policies evidencing proper coverage is in effect as required above.

D. Workers’ Compensation Insurance. The Consultant shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over the Consultant’s employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit.

11.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or materially change without 30 days’ prior written notice to the City.

12. Applicable Law; Venue. In the performance of this Agreement, the Consultant shall abide by and conform to any and all laws of the United States, State of Arizona and the City of Buckeye, including but not limited to, federal and state executive orders providing for equal employment and procurement opportunities, the Federal Occupational Safety and Health Act and any other federal or state laws applicable to this Agreement. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in the State of Arizona. 13. Termination; Cancellation.


13.1 For City’s Convenience. This Agreement is for the convenience of the City and, as such, may be terminated without cause after receipt by the Consultant of written notice by the City. Upon termination for convenience, the Consultant shall be paid for all undisputed services performed to the termination date. 13.2 For Cause. This Agreement may be terminated by either party upon 30 days’ written notice should the other party fail to substantially perform in accordance with this Agreement’s terms, through no fault of the party initiating the termination. 13.3 Due to Work Stoppage. This Agreement may be terminated by the City upon 30 days’ written notice to the Consultant in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the City to the Consultant for the undisputed portion of its fee due as of the termination date. 13.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REV. STAT. § 38-511. The City may cancel this Agreement without penalty or further obligations by the City or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the City or any of its departments or agencies is, at any time while the Agreement or any extension of the Agreement is in effect, an employee of any other party to the Agreement in any capacity or a consultant to any other party of the Agreement with respect to the subject matter of the Agreement. 13.5 Gratuities. The City may, by written notice to the Consultant, cancel this Agreement if it is found by the City that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Consultant or any agent or representative of the Consultant to any officer, agent or employee of the City for the purpose of securing this Agreement. In the event this Agreement is cancelled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold from the Consultant an amount equal to 150% of the gratuity. 13.6 Agreement Subject to Appropriation. The provisions of this Agreement for payment of funds by the City shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The City shall be the sole judge and authority in determining the availability of funds under this Agreement and the City shall keep the Consultant fully informed as to the availability of funds for the Agreement. The obligation of the City to make any payment pursuant to this Agreement is a current expense of the City, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the City. If the City Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then-current fiscal year and the City and the Consultant shall relieved of any subsequent obligation under this Agreement.

14. Miscellaneous.

14.1 Independent Contractor. The Consultant acknowledges and agrees that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of


the City. The Consultant, its employees and sub-consultants are not entitled to workers’ compensation benefits from the City. The City does not have the authority to supervise or control the actual work of the Consultant, its employees or sub-consultants. The Consultant, and not the City, shall determine the time of its performance of the services provided under this Agreement so long as the Consultant meets the requirements of its agreed Scope of Work as set forth in Section 2 above. The Consultant is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. The City and the Consultant do not intend to nor will they combine business operations under this Agreement. 14.2 Laws and Regulations. The Consultant shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Consultant is responsible remains in compliance with all rules, regulations, ordinances, statutes or laws affecting the Services, including the following: (A) existing and future City and County ordinances and regulations, (B) existing and future state and federal laws and (C) existing and future Occupational Safety and Health Administration (“OSHA”) standards. 14.3 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the City and the Consultant. 14.4 Provisions Required by Law. Each and every provision of law and any clause required by law to be in the Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Agreement will promptly be physically amended to make such insertion or correction. 14.5 Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of the Agreement which may remain in effect without the invalid provision or application. 14.6 Relationship of the Parties. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Consultant is advised that taxes or Social Security payments will not be withheld from any City payments issued hereunder and the Consultant agrees to be fully and solely responsible for the payment of such taxes or any other tax applicable to this Agreement. 14.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Agreement. This Agreement shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting the Agreement. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Agreement.


14.8 Assignment. No right or interest in this Agreement shall be assigned by the Consultant without prior, written permission of the City signed by the City Manager and no delegation of any duty of the Consultant shall be made without prior, written permission of the City signed by the City Manager. Any attempted assignment or delegation by the Consultant in violation of this provision shall be a breach of this Agreement by the Consultant. 14.9 Subcontracts. No subcontract shall be entered into by the Consultant with any other party to furnish any of the material or services specified herein without the prior written approval of the City. The Consultant is responsible for performance under this Agreement whether or not sub-consultants are used. 14.10 Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the City of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Agreement. The failure of the City to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the City’s acceptance of and payment for services, shall not release the Consultant from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the City to insist upon the strict performance of this Agreement. 14.11 Attorneys’ Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’ fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 14.12 Liens. All materials or services shall be free of all liens and, if the City requests, a formal release of all liens shall be delivered to the City. 14.13 Offset. A. Offset for Damages. In addition to all other remedies at law or equity, the City may offset from any money due to the Consultant any amounts the Consultant owes to the City for damages resulting from breach or deficiencies in performance or breach of any obligation under this Agreement.

B. Offset for Delinquent Fees or Taxes. The City may offset from any money due to the Consultant any amounts the Consultant owes to the City for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties. 14.14 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below, (C) given to a recognized and reputable overnight delivery service, to the address set forth below or (D) delivered by facsimile transmission to the number set forth below:


If to the City: City of Buckeye ATTN: Chris Williams, Manager Construction & Contracting Division 530 East Monroe Avenue Buckeye, Arizona 85326 Facsimile: (623) 349-6221

With copy to: Gust Rosenfeld, p.l.c.

ATTN: Shiela B Schmidt One East Washington Street, Suite 1600 Phoenix, Arizona 85004-2553 Facsimile: (602) 254-4878

If to Consultant: Vendor Contact Information or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage, (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day, or (D) when received by facsimile transmission during the normal business hours of the recipient. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 14.15 Confidentiality of Records. The Consultant shall establish and maintain procedures and controls that are acceptable to the City for the purpose of ensuring that information contained in its records or obtained from the City or from others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform the Consultant’s duties under this Agreement. Persons requesting such information should be referred to the City. The Consultant also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of the Consultant as needed for the performance of duties under this Agreement. 14.16 Information Technology. A. Limited Access. If necessary for the fulfillment of the Agreement, the City may provide the Consultant with non-exclusive, limited access to the City’s information technology infrastructure. The Consultant understands and agrees to abide by all the City policies, standards, regulations and restrictions regarding access and usage of the City’s information technology infrastructure. The Consultant shall enforce all such policies, standards, regulations and restrictions with all the Consultant’s employees, agents or any tier of sub-consultant granted access in the performance of this Agreement, and shall be granted and authorize only such access as may be necessary for the purpose of fulfilling the requirements of the Agreement.


B. Data Confidentiality. All data, regardless of form, including originals, images and reproductions, prepared by, obtained by or transmitted to the Consultant in connection with this Agreement is confidential, proprietary information owned by the City. Except as specifically provided in this Agreement, the Consultant shall not disclose data generated in the performance of the service to any third person without the prior, written consent of the City Manager or authorized designee. C. Data Security. Personal identifying information, financial account information, or restricted City information, whether electronic format or hard copy, must be secured and protected at all times to avoid unauthorized access. At a minimum, the Consultant must encrypt and/or password-protect electronic files. This includes data saved to laptop computers, computerized devices or removable storage devices. When personal identifying information, financial account information, or restricted City information, regardless of its format, is no longer necessary, the information must be redacted or destroyed through appropriate and secure methods that ensure the information cannot be viewed, accessed or reconstructed. E. Compromised Security. In the event that data collected or obtained by the Consultant in connection with this Agreement is believed to have been compromised, the Consultant shall notify the City Manager, or authorized designee, immediately. The Consultant agrees to reimburse the City for any costs incurred by the City to investigate potential breaches of this data and, where applicable, the cost of notifying individuals who may be impacted by the breach. F. Permitted Access. The Consultant’s employees, agents and sub-consultants must receive prior, written approval from the City before being granted access to the City’s information technology infrastructure and data and the City, in its sole determination, shall determine accessibility and limitations thereto. The Consultant agrees that the requirements of this Section shall be incorporated into all sub-consultant/subconsultant agreements entered into by the Consultant. It is further agreed that a violation of this Section shall be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this Section may result in immediate termination of this Agreement without notice. G. Survival. The obligations of the Consultant under this Section shall survive the termination of this Agreement. 14.17 Records and Audit Rights. The Consultant’s and its sub-consultant’s books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any consultant and its sub-consultants’ employees who perform any work or Services pursuant to this Agreement to ensure that the Consultant and its sub-consultants are complying with the warranty under subsection 14.18 below (all the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the City, to the extent necessary to adequately permit (A) evaluation and verification of any invoices, payments or claims based on the Consultant’s and its sub-consultants’ actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (B) evaluation of the Consultant’s and its sub-consultants’ compliance with the Arizona employer sanctions laws referenced in subsection 14.18 below. To the extent necessary for the City to audit Records as set forth in this subsection, the Consultant and its sub-consultants hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the City shall have access to said Records, even if located at its sub-consultants’ facilities, from the effective date of this Agreement for the duration of the work and until


three years after the date of final payment by the City to the Consultant pursuant to this Agreement. The Consultant and its sub-consultants shall provide the City with adequate and appropriate workspace so that the City can conduct audits in compliance with the provisions of this subsection. The City shall give the Consultant or its sub-consultants reasonable advance notice of intended audits. The Consultant shall require its sub-consultants to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 14.18 E-verify Requirements. To the extent applicable under Ariz. Rev. Stat. §41-4401, the Consultant and its sub-consultants warrant compliance with all federal immigration laws and regulations that relate to their employees and compliance with the E-verify requirements under Ariz. Rev. Stat. §23-214(A). The Consultant’s or its sub-consultants’ failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the City. 14.19 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of the Agreement, the Scope of Work, the Fee Proposal, the RFP and the Consultant’s Proposal, the documents shall govern in the order listed herein. 14.20 Non-Exclusive Contract. This Agreement is entered into with the understanding and agreement that it is for the sole convenience of the City. The City reserves the right to obtain like goods and services from another source when necessary. 14.21 Compliance with Federal Immigration Laws and Regulations. Consultant warrants that it complies with all Federal Immigration laws and regulations that relate to its employees and complies with A.R.S. § 23-214.A. Consultant acknowledges that pursuant to A.R.S. § 41-4401 and effective September 30, 2008, a breach of this warranty is a material breach of this contract subject to penalties up to and including termination of this contract, and that the City retains the legal right to inspect the papers of any employee who works on the contract to ensure compliance with this warranty.

14.22 Israel. Pursuant to Arizona Revised Statute § 35-393.01, Consultant certifies that it is not currently engaged in, and agrees for the duration of the Contract to not engage in, a boycott of Israel. 14. 23 Cooperative Purchasing. Specific eligible political subdivisions and nonprofit educational or public health institutions (“Eligible Procurement Unit(s) “) are permitted to utilize procurement agreements developed by the City, at their discretion and with the agreement of the awarded Consultant. Consultant may, at its sole discretion, accept orders from Eligible Procurement Unit(s) for the purchase of the Materials and/or Services at the prices and under the terms and conditions of this Agreement, in such quantities and configurations as may be agreed upon between the parties. All Cooperative procurements under this Agreement shall be transacted solely between the requesting of the Eligible Procurement Unit. The exercise of any rights, responsibilities or remedies by Eligible Procurement Unit shall be the exclusive obligation of such unit. The City assumes no responsibility for payment, performance or any liability or obligation associated with any cooperative procurement under this Agreement. The City shall not be responsible for any disputes arising out of transactions made by others.

SIGNATURE PAGE TO FOLLOW:


THEREFORE, the City of Buckeye by its City Mayor has hereunto subscribed his name on this date: _________________________.

CITY

THE CITY OF BUCKEYE, ARIZONA an Arizona Municipal corporation By: ______________________________ Eric W. Orsborn, Mayor

ATTEST:

____________________________________ Lucinda Aja, City Clerk

RECOMMENDED:

______________________________ Christopher A. Williams, Manager Construction & Contracting Division

APPROVED AS TO FORM:

______________________________ City Attorney

Vendor: Vendor Name

By:___________________________________________ Name

____________________________________________ Title


EXHIBIT A

TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF BUCKEYE

AND

Vendor Name

[Consultant’s Proposal]

See following pages.