RFQ Seven Ranches 20201005 (00130909-1).DOCXCity of Maricopa, AZ.
The City of Maricopa will accept proposals for Seven Ranches Land Use Master Plan until the date and
time detailed below. Proposals shall be in the actual possession of the City on or prior to the exact date
and time indicated below. Late proposals shall not be considered. Proposals shall be submitted in electronic
format with the subject line reading “RFQ#20-ECD11032020 Seven Ranches Land Use Master Plan” and
the Offeror’s name and address clearly indicated in the body of the email. Offerors are strongly encouraged
to carefully read the entire Request for Qualifications.
Number of Bid Copies 1 copy submitted in electronic format to the email below
Deadline December 1, 2020 at 4:00 p.m. Arizona time
Contact: Dania Castillo, Management Analyst
E-Mail: Dania.Castillo@maricopa-az.gov
Phone: 520-316-6835
Mailing Address: 39700 W. Civic Center Plaza, Maricopa, AZ 85138
Electronic Submittal: Dania.Castillo@maricopa-az.gov
OFFER
To the City of Maricopa: The undersigned on behalf of the entity, firm, company, partnership, or other legal entity listed below offers on its behalf to the City a proposal that contains all terms, conditions, specifications and amendments in the Request for Qualifications issued by the City. Any exception to the terms contained in the Request for Qualifications must be specifically indicated in writing and are subject to the approval of the City prior to acceptance. The signature below certifies your understanding and compliance with the Terms and Conditions contained in the Request for Qualifications package issued by the City. Arizona Transaction (Sales) Privilege
Tax License Number:
Name:
1. Preparation of Bid:
a. Erasures, interlineations, or other modifications in the bid shall be initialed by the
authorized person signing the Offer. b. If price is a consideration and in case of error of prices in the bid, the unit price shall govern. c. Periods of time, stated as a number of days, shall be calendar days. d. It is the responsibility of all Offerors to examine the entire RFQ package and seek
clarification of any item or requirement and to check all responses for accuracy before submitting a proposal.
e. Signatures. All responses are required to be signed by an authorized representative of the responding entity. Proposals received unsigned will not be accepted.
f. It is the Offeror’s responsibility to prepare an RFQ, which is representative of the Offeror’s qualifications. If there is any additional information which would assist the CITY in its assessment of the RFQ, the Offeror should include all such information in its RFQ under the title Additional Information.
g. Each RFQ proposal shall be prepared simply and economically, avoiding the use of elaborate promotional material beyond what is sufficient to provide a complete and accurate presentation. The responses to this RFQ must be made in accordance with the format set forth in this Section. Only RFQs that have been determined to be responsive will be considered. Failure to adhere to the following format may cause rejection of the RFQ as non-responsive
2. Inquiries: Any question related to the Request for Qualifications shall be directed in writing or via e- mail no later than five (5) calendar days prior to the submission date, to the person whose name appears on the front. Questions submitted after that period may not be answered due to time constraints. Any correspondence related to the Request for Qualifications should refer to the appropriate RFQ ID, page, and paragraph number.
3. Submittal: All responses to this RFQ must be submitted in electronic format and received by the City
of Maricopa by December 1st, 2020 at 4:00pm to the following email address: Dania.Castillo@maricopa-az.gov.
4. Pre-Submittal Conference: There will be no pre-submittal conference held. Any question related to
the Request for Qualifications shall be directed in writing or via e-mail no later than five (5) calendar days prior to the submission date, to the person whose name appears on the front. Questions submitted after that period may not be answered due to time constraints. Any correspondence related to the Request for Qualifications should refer to the appropriate RFQ ID, page, and paragraph number.
5. RFQ Offer Format: At least (1) document, in electronic format, shall be submitted. The Statement
of Qualifications shall include a one-page cover letter, plus a maximum of twenty-five (25) pages to address the RFQ evaluation criteria (excluding resumes but including an organization chart with key personnel and their affiliation).
a. Cover Letter: The proposal shall contain a cover letter and introduction (limited to one page)
which includes the company name and address, the name and telephone number of the persons who
will be authorized to represent the Offeror regarding all matters related to the RFQ proposal and
any contract subsequently awarded to the Offeror. This letter shall be signed by any person(s)
authorized to bind the company to all commitments made in the RFQ.
b. Addendum Acknowledgement: The RFQ shall contain an acknowledgment of receipt of all
amendments and/or addenda to the RFQ
c. Introduction: Brief summary of the Offeror’s understanding of RFQ objectives and Scope of
Work.
d. Qualifications of Offeror: The Offeror’s team should possess qualifications and previous
experience performing the Scope of Work as described in this RFQ.
Offerors shall also provide thorough responses to the following list of questions.
The response to these questions will be included in the City’s evaluation of the Offeror.
In addition, the responses to these questions will be incorporated into and made a part of the
contract. In your RFQ, please restate the questions followed by the response.
1. What is the general type of work performed by your firm/team? Does your firm/team have a
focus? If yes, please elaborate.
2. What is your firm’s experience in Planning and Urban Design, and Outreach services which
are similar to those requested in this RFQ, including development of land use plans and urban
design standards, market, etc.?
3. What is your firm’s experience working with the City of Maricopa?
4. What is your firm’s experience in preparing urban design strategies, creating mixed-use
neighborhoods, industrial parks, and research centers, sustainability methods, healthy
communities, new development typologies, creative and cultural arts districts, master plans,
etc.?
5. What are your firm’s quality assurance measures for this type of contract work?
6. Provide any additional information regarding your firm to assist the City to better evaluate your
firm.
e. Qualifications of Offeror Staff: This section includes, bus is not limited to a list of all required
personnel and qualifications for each position.
A Project Manager must be designated and identified, and a detailed resume must be submitted;
resumes of other key personnel should be provided. An organizational chart of management
personnel shall also be included in this section.
The Offeror’s organization will be evaluated based upon the capability of the Offeror to meet the
terms of the RFQ, such as the ability to accomplish the work within the estimated time frame, plus
the related studies or projects recently completed by the Offeror’s organization, which demonstrates
expertise in accomplishing similar work. The qualifications of proposed staff will be evaluated in
terms of their previous experience and capabilities. The relevant experience of key personnel,
especially the Project Manager, will be of major importance in the evaluation of the RFQ. Offerors
shall provide thorough answers to the following list of questions. In the RFQ, each question should
be restated followed by the response.
1. Who will be the responsible Principal for the project? What is this person’s background,
experience, etc. within the firm? Include a resume of this person.
2. What is the commitment of Principal/Senior Staff to this project?
3. Who will be the Project Manager(s)? Describe the background, experience and availability.
Attach resume for each staff.
4. Identify other professional staff working on this RFQ.
5. Will there be Sub-Consultants? If so, provide a list.
i. What aspect of the project will they work on and what are their qualifications?
ii. What is your firm’s previous experience working with the proposed Sub-Consultant(s).
6. Provide an organizational chart which identifies the Project Principal, Project Manager, key
staff and other personnel, sub consultants, etc. include their roles and responsibilities.
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f. References: Name, title, address, telephone number and Email address of three (3) former or
current clients who have, within the last five years, contracted with the Offeror for services similar
to those described in this RFQ. Provide references for completed projects which represent the range
of tasks required under this RFQ. Include project name, brief description, contact name, address,
phone number and email information.
g. Work Samples: Include at least three completed projects completed within the last five
years that demonstrates experience with projects similar in scope to the work described in
this RFQ. This may illustrate: knowledge of planning issues, urban design, implementation
programs, industrial/commercial/mixed-use master planning, adopted plans, economic
analysis. Provide descriptions of work on similar projects, including but not limited to:
h. Additional Information: Include any other information the Offeror considers essential to evaluate
of the RFQ.
6. RFQ Offer Opening: Proposals shall be opened immediately after the deadline as stated in the
Introduction. The name of each Offeror and the identity of the Request for Qualifications for which
the proposal was submitted shall be publicly read and recorded in the presence of a witness. After
evaluation and award of the proposal, the successful proposal and the evaluation documentation shall
be open for public inspection.
7. Withdrawal of RFQ Offer: At any time prior to the specified deadline and time, an Offeror (or
designated representative) may withdraw the offer, by providing notice to the email outlined above.
8. Amendment of RFQ Offer:
a. The City reserves the right to reissue an Invitation for Bid.
b. Unless the Offeror states otherwise, the City reserves the right to award by individual line item, by
group of line items, or as a total, whichever is deemed most advantageous to the City. If the
Offeror’s offer is an “all or nothing” offer, it must be so indicated on the offer sheet.
9. Evaluation: The City will evaluate proposals on the selection criteria set forth below. The City
Manager, or his designee, will be the sole judge of whether the services offered are acceptable.
Proposals from company’s or individuals who have provided inadequate services to municipalities in
the past, or proposals offering services proven unsatisfactory in the City Manager’s sole judgment may
be rejected and not considered.
A Selection Committee may be established by the City Manager to evaluate Responses to the RFQ and
award the contract to the respondent with the highest evaluation score.
The City will enter into negotiations with a qualified company and execute a contract in substantially
similar format to that in Attachment C upon completion of negotiation of fees and contract terms. The
City may decide to terminate the selection process at any time.
Evaluation of the proposals will be weighted as follows:
40% Qualifications of the Firm
Company’s background and experience in the field;
Company’s experience with projects of similar size and scope;
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Company’s experience working with large jurisdictions and implementation;
Company’s capability to reallocate resources effectively as needed to meet project schedule
and needs.
Project manager(s) and key staff members’ background and experience;
Subconsultant’s (if any) background and experience;
Project manager(s)’ communications with City Staff
20% References
History of effective communication with clients;
Client Satisfaction
Other qualifications will be evaluated as needed.
10. Discussions and Interviews: After the receipt of proposals, discussions may be conducted with
Offerors who submit proposals determined to be reasonably susceptible of being selected for award.
The City reserves the right to conduct personal interviews or require presentation of any or all offers
prior to selection. The City will not be liable for any costs incurred by the Offeror in connection with
such interview/presentations.
The City Manager, or his designee, at his sole discretion, may select Offers that will be shortlisted for
interviews, or may select a company based solely on the scoring of the RFQ and reference checks.
Alternatively, the City Manager may establish a Selection Committee to conduct interviews, or select
a company based solely on the RFQ and reference checks.
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Vendor Submittal Checklist
______ Introduction/Offer Sheet, signed
______ Signature Page completed
______ Completed Substitute W-9 form (Attachment A.)
______ Boycott – Participation/Israel (Attachment B)
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TERMS AND CONDITIONS
1. Certification: By signature in the Offer section of the Offer Award Page, the Offer or certifies that:
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 the Federal Executive Order 11246.
c. The Offeror has not given, offered to give, or intends to give at any time hereafter any economic
opportunity, future employment, gift, loan, gratuity, special discount, trip favor, or service to a
public servant in connection with the submitted offer. Failure to sign the offer, or signing it with a
false statement, shall void the submitted offer or any resulting contracts, and the Offeror may be
debarred.
2. Gratuities: The City may, by written notice to the Offeror, cancel the resultant contract if it is found
by the City that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the
Offeror or any agent or representative of the Offeror, to any officer or employee of the City with a view
toward securing an order, securing favorable treatment with respect to the awarding, amending, or the
making of any determinations with respect to the performing of such order. In the event the City
pursuant to this provision cancels the resultant contract, the City shall be entitled, in addition to any
other rights and remedies, to recover or withhold from the Contractor the amount of gratuity. Paying
the expense of normal business meals, which are generally made available to all eligible city
government customers, shall not be prohibited by this paragraph.
3. Applicable Law: In the performance of the resultant contract, Contractors shall abide by and conform
to any and all laws of the United States, State of Arizona, and the City of Maricopa including but not
limited to federal and state executive orders providing for equal opportunities, the Federal Occupational
Safety and Health Act and any other federal or state laws applicable to the contract.
The resultant contract shall be governed by the State of Arizona and suit pertaining to the contract may
be brought only in courts in the State of Arizona.
The contract is subject to the provisions of ARS §38-511; the City may cancel the contract 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 the contract on behalf of
the City or any of its departments or agencies, is at any time while the contract or any extension of the
contract is in effect, an employee of any other party to the contract in any capacity or a consultant to
any other party of the contract with respect to the subject matter of the contract.
ARS §35-393.01; All materials submitted as part of a response to a solicitation are subject to Arizona
public records law and will be disclosed if there is an appropriate public records request at the time of
or after the award of the contract.
The state is prohibited from contracting with companies currently engaged in a Boycott of Israel. Please
refer to Attachment B and complete form as part of your solicitation response. To ensure compliance
with A.R.S. §35-393.01, this form must be completed and returned with the response to the solicitation
and any supporting information to assist the State in making its determination of compliance.
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4. Legal Remedies: All claims and controversies shall be subject to resolution according to the terms of
the City of Maricopa Purchasing Code.
5. Term of Contract: The term of any resultant contract shall be negotiated between the parties after
selection.
6. Contract: The resultant contract between the City of Maricopa and the Contractor shall include:
a. RFQ, including instructions, terms and conditions, scope of work, attachments, and any
amendments thereto,
b. The offer submitted by the Offeror in response to the RFQ and any additional changes or
amendments mutually negotiated, including the Not to Exceed Fee for services.
The Contract for Seven Ranches Land Use Master Plan is provided with the solicitation
(Attachment C). It is the Offeror’s responsibility to review these documents and identify any
conflicts/issues as part of the proposal. Please note that the Contract is subject to revisions
suggested by the City Manager.
In the event of a conflict in language between the solicitation, the contract or the offer, the
provisions and requirements of the contract shall govern. In addition, the contract shall be amended
in the case of a conflict in the manner stated in the contract. The order of priority shall be the
following:
b. RFQ Solicitation
c. Offer
7. Bid Ambiguity: Any ambiguity in the bid as a result of omission, error, lack of clarity or non-
compliance by the Offeror with the specifications, instructions, and all conditions of bidding shall be
construed in the favor of the City.
8. Contract Applicability: The Offeror shall substantially conform to the terms, conditions,
specifications, and other requirements found within the text of this specific RFQ. All previous
agreements, contracts, or other documents, which have been executed between the Offeror and the City,
are not applicable to this RFQ or any resultant contract.
9. Relationship to 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 Offeror is advised that taxes or Social Security payments will not be withheld from
any City payments issued hereunder and that the Offeror should make arrangements to directly pay
such expenses, if any.
10. Subcontracts: The Contractor shall enter into no subcontract with any other party to furnish any of the
material, service, or construction specified herein without the advance written approval of the City.
The Contractor is responsible for contract performance whether or not Subcontractors are used. Refer
to Attachment A.
11. Insurance: The City requires a complete and valid certificate of insurance prior to the commencement
of any service or activity specified in this solicitation, along with a Workmen’s Compensation
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Certificate of Insurance. The City will notify the successful contractor of the intent to issue a contract
award. The successful contractor shall at that time submit a copy of the insurance certificate for
coverage with minimum amounts stated. The coverage shall be maintained in full force and effect
during the term of the contract and shall not serve to limit any liabilities or any other contractor
obligations.
12. Indemnification: Consultant shall defend, indemnify, and hold City, its officers and employees
harmless from any and all loss, damage, claim for damage, liability, expense, or cost, including
reasonable attorneys’ fees, which arise out of, or is in any way connected with the performance of work
under this Agreement by Consultant, or any of Consultant’s employees, agents or subconsultants, and
from all claims by Consultant’s employees, subconsultants and agents for compensation for services
rendered to Consultant in the performance of this Agreement, notwithstanding that City may have
benefited from their services. This indemnification provision shall only apply to any and all negligent
acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of
Consultant or Consultant’s employees, subconsultants or agents.
13. Overcharges by Antitrust Violations: The City maintains that, in practice, overcharges resulting from
antitrust violations are borne by the purchaser. Therefore, to the extent permitted by law, the Contractor
hereby assigns to the City any and all claims for such overcharges as to the goods and services used to
fulfill the Contract.
14. Force Majeure: Except for payment for sums due, neither party shall be liable to the other not deemed
in default under the resultant contract if and to the extent that such party’s performance of the contract
is prevented by reason of force majeure. The term “force majeure” means an occurrence that is beyond
the control of the party affected and occurs without its fault or negligence. Without limiting the
foregoing, force majeure includes acts of God: acts of the public enemy; war; riots; strikes;
mobilization; labor disputes; civil disorders; fire; floods; lockouts; injunctions-intervention-acts, or
failures or refusals to act by government authority; and other similar occurrences beyond the control of
the party declaring force majeure which such party is unable to prevent by exercising reasonable
diligence. The force majeure shall be deemed to commence when such party is unable to prevent by
exercising reasonable diligence. The force majeure shall be deemed to commence when the party
declaring force majeure notifies the other party of the existence of the force majeure and shall
be deemed to continue as long as the results or effects of the force majeure prevent the party from
resuming performance in accordance with the resultant contract. Force Majeure shall not include the
following occurrences:
a. Late delivery of equipment or materials caused by congestion at a manufacturer’s plant or
elsewhere, an oversold condition of the market, inefficiencies, or similar occurrences.
b. Late performance by a subcontractor unless the delay arises out of a force majeure
occurrence in accordance with this force majeure term and condition.
Any delay or failure in performance by either party hereto shall not constitute default hereunder or give
rise to any claim for damages or loss of anticipated profits if, and to the extent that such delay or failure
is caused by force majeure. If either party is delayed at any time in the progress of work by force
majeure, then the delayed party shall notify the other party in writing of such delay within forty-eight
(48) hours commencement thereof and shall specify the causes of such delay in such notice. Such
notice shall be hand delivered or mailed certificate-return receipt and shall make specific reference to
this article, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon
as practicable and shall notify the other party in writing. The time of completion shall be extended by
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contract modification for a period of time equal to the time that the results or effects of such delay
prevent the delayed party from performing in accordance with the resultant contract.
15. Right to Assurance: Whenever one party to the resultant contract in good faith has reason to question
the other party’s intent to perform, he may demand that the other party give written assurance of this
intent to perform. In the event that a demand is made and no written assurance is given within five (5)
day, the demanding party may treat this failure as an anticipatory repudiation of the Contract.
16. Right to Audit Records: The City may, at reasonable times and places, audit the books and records
of any contractor as related to any contract held with the City.
17. Right to Inspect Place of Business: The City may, at reasonable times inspect the place of business
of a contractor or subcontractor which is related to the performance of any contract as awarded or to be
awarded.
18. Inspection: All material and/or services are subject to final inspection and acceptance by the City.
Materials and/or services failing to conform to the specifications of the resultant contract will be held
at Contractor’s risk and may be returned to the Contractor. If returned, all costs are the responsibility
of the Contractor. They may elect to do any or all:
a. Waive the non-conformance
b. Stop the work immediately
c. Bring material into compliance
This shall be accomplished by a written determination for the City.
19. Material Safety Data Sheets (MSDS): (If applicable) Each bid shall include an MSDS for the product
quoted.
20. Liens: All materials, service or construction shall be free of all liens, and if the City requests, a formal
release of all liens shall be delivered to the City.
21. Licenses: Contractor shall maintain in current status all Federal, State, and Local licenses and permits
required for the operation of the business conducted by the Contractor as applicable to the contract.
22. Patents and Copyrights: All services, information, computer program elements, reports and other
deliverables, which may be patented or copyrighted and created under this RFQ are the property of the
City and shall not be used or released by the Contractor or any other person except with the prior written
permission of the City.
23. Cost of Bid/Proposal: The City shall not reimburse the cost of developing or providing any response
to this RFQ. Offers submitted for consideration should be prepared simply and economically, providing
adequate information in a straightforward and concise manner.
24. Public Record: All offers submitted in response to this RFQ shall become a matter of public record
available for review, subsequent to the award notification, in accordance with the City’s Purchasing
Code.
25. Termination for Non-Appropriation: Any contract entered into by the City shall terminate at the end
of the then current fiscal period for non-appropriation of funds if the City’s governing body fails to
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appropriate funds to pay for the payments contemplated by the contract. The City’s fiscal period ends
June 30th of each year.
26. Warranties: Contractor warrants that all goods delivered under this contract will conform to the
requirements of this contract (including all applicable descriptions, specifications, drawings and
samples), and will be free from defects in material and workmanship and will be free from defects in
design and fit for the intended purpose. Any inspection or acceptance of the goods by Buyer shall not
alter or affect the obligation of vendor or the right of Buyer under the foregoing warranties.
27. Liquidated Damages: Contractor acknowledges and agrees that if Contract fails to obtain Substantial
Completion of the Services within the Term, as negotiated by the Parties, City will sustain extensive
damages and serious loss as a result of such failure. The exact amount of such damages will be
extremely difficult to ascertain. Therefore, City and Contractor agree that if Contractor fails to achieve
Substantial Completion of the Services within the Term, City shall be entitled to withhold compensation
from Contractor under this Agreement in the amount of one-hundred and 00/100 Dollars ($100.00) per
day until Substantial Completion of the Services is performed as liquidated damages and not as a
penalty.
29. Employee Training: (If Applicable). The successful Offeror shall provide on-site (or classroom, if
applicable) instruction to the designated City employee(s) as required to safely use the product
purchased. The cost of this instruction (if any) shall be included in the quote submitted to the City.
30. Cooperative Use of Contract: This agreement may not be extended for use by other governmental
agencies and political subdivisions of the State.
31. Compliance with Arizona Revised Statutes (ARS). Procurement of professional services by a
municipality within the State of Arizona is governed by ARS Title 34. By submitting an SOQ under
this solicitation, the submitter certifies that said submittal and their conduct in relation to this
solicitation is in compliance with the requirements of ARS Title 34.
32. Export Administration Act (EAA): Per A.R.S. § 35-392, the City is prohibited from purchasing for
a company that is in violation of the Export Administration Act.
33. Federal Immigration and Nationality Act (FINA): By entering into the Contract, the
CONTRACTOR warrants compliance with the Federal Immigration and Nationality Act (FINA) and
all other Federal immigration laws and regulations related to the immigration status of its employees.
The Contractor shall obtain statements from its subcontractors certifying compliance and shall furnish
the statements to the Purchasing Manager upon request. These warranties shall remain in effect through
the term of the Contract. The CONTRACTOR and its subcontractors shall also maintain Employment
Eligibility Verification forms (I-9) as required by the U.S. Department of Labor’s Immigration and
Control Act, for all employees performing work under the Contract. I-9 forms are available for
download at www.USCIS.GOV.
a. The City may request verification of compliance for any CONTRACTOR or subcontractor
performing work under the Contract. Should the City suspect or find that the
CONTRACTOR or any of its subcontractors are not in compliance, the City may pursue
any and all remedies allowed by law, including but not limited to: suspension of work,
termination of the Contract for default, and suspension and/or debarment of the
CONTRACTOR. All costs necessary to verify compliance are the responsibility of the
CONTRACTOR.
34. Price Adjustment: The City Purchasing Office will review fully documented requests for price
increases after any contract has been in effect for one (1) year. Any general price increase adjustment
will only be made at the time of contract extension and will be a factor in the extension review process.
The City Purchasing Office will determine whether the requested price increase or an alternate option,
is in the best interest of the City.
35. Key Personnel: (If Applicable) It is essential that the Contractor provide adequate experienced
personnel, capable of and devoted to the successful accomplishment of work to be performed under
any resultant contract. The Contractor must agree to assign specific individuals to the key positions.
a. The Contract agrees that once assigned to work under any resultant contract, key personnel
shall not be removed or replaced without written notice to the City.
b. If key personnel are not available for work under any resultant contract for a continuous
period exceeding thirty (30) 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.
36. Confidential Information:
a. If a person believes that a bid, proposal, offer, specification, or protest contains information
that should be withheld, a statement advising the Purchasing Manager of this fact shall
accompany the submission and the information shall be identified.
b. The information identified by the person as confidential shall not be disclosed until the
City Manager makes a written determination.
37. Confidentiality of Records: The contractor shall establish and maintain procedures and control that
are acceptable to the City for the purpose of assuring that information contained in its records or
obtained from the City remains confidential pursuant to applicable requirements.
38. Cancellation: The City reserves the right to cancel the whole or any part of any resultant contract due
to failure by the contractor to carry out any obligation, term or condition of any resultant contract. The
City will issue written notice to the contractor for acting or failing to act as in any of the following:
a. The contractor fails to adequately perform the services set forth in the specifications of the
contract;
b. The contractor fails to complete the work required or to furnish the materials required
within the time stipulated in the contract;
c. The contractor fails to make progress in the performance of the contract and/or gives the
City reason to believe that the contractor will not or cannot perform to the requirements of
the contract.
Upon receipt of the written notice of concern, the contractor shall have ten (10) days to provide a
satisfactory response to the City. Failure on the part of the contractor to adequately address all
issues of concern may result in the City resorting to any single or combination of the following
remedies:
a. Cancel any contract;
b. Enforce the Liquidated Damages provision as outlined in the contract;
c. Reserve all rights or claims to damage for breach of any covenants of the contract;
d. Perform any test or analysis on materials for compliance with the specifications of the
contract;
e. If the results of any test or analysis find a material non-compliance with the specifications,
the actual expense of testing shall be borne by the contractor.
f. In case of default, the City reserves the right to purchase materials, or to complete the
required work. The City may recover any actual excess costs from the contractor by:
i. Deduction from an unpaid balance;
ii. Collection against the bid and/or performance bond, or;
iii. Any combination of the above or any other remedies as provided by law.
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SCOPE OF SERVICES
I. Project Overview
The City of Maricopa (CITY) is seeking to develop a Master Land Use Plan for the Seven Ranches areas.
The plan will promote an increased tax base, private investment and job creation through mixed-use,
offices, retail, commercial, high-density housing, and single-family housing.
The consultant hired will analyze opportunities and constraints; develop alternatives and prepare a
comprehensive infrastructure and land use plan to assess future development proposals and capital
improvements. The agency will lead an extensive, inclusive, and innovative community engagement
process that identifies community values, milestones, and prioritized implementation steps to achieve a
diverse and attractive area.
The ideal respondent can translate their understanding into a vision that is in context with our size, being
mindful of different types of mixed-use development. Respondents should specify their ability to
incorporate comprehensive visioning, site planning and urban design into a plan. The selected service will
work at the direction of the City. A key aspect of the strategy should incorporate mixed use planning and
market research to determine the needs of the site in its entirety prior to stakeholder meetings and master
planning.
The Consultant selected will demonstrate expertise and experience in the following areas:
• Master Land Use and Development Concept Plan
• Civil and Site Engineering
• Public Engagement/Stakeholder Facilitation
• Transportation Roadway System
A. Complete urban design and planning services.
B. Defining a work plan, schedule, and project management approach.
C. Coordinating project effort with City of Maricopa, local utilities and stakeholders.
D. Initial assessment and inventory of applicable physical, social and environmental
elements and current conditions.
E. Research and inventory existing conditions and urban design characteristics including but not
limited to analysis of existing character of streets within study area(s), including assessment of
00130909 2 15
dimensions, roadway, utilities, drainage, storm water management, built and historic structures;
F. Research and inventory existing conditions and urban design characteristics,
especially as they relate to existing and planned zoning, transportation, infrastructure, street design,
and neighborhood character;
G. Planning and project feasibility studies for urban design strategies, transit neighborhoods,
sustainability methods, healthy communities, new development typologies, and infrastructure
analysis;
opportunities for pedestrian and community enhancements;
I. Development of preliminary land use concepts, policies, and implementation strategies, including
zoning ordinances, development standards and design guidelines;
J. Assistance in communicating planning concepts to stakeholders, including preparing conceptual
design/massing alternatives, renderings and photo-simulations, site plans, maps, 3-D models,
illustrations and diagrams for use as visualization tools during adoption phases of the project;
K. Preparing street cross-section designs and draft design guidelines for adjacent development sites,
for implementation through community plans, design overlays, streetscape plans, new street
standards or other strategies;
L. Conceptual and final master plans that may/will include: office, retail, commercial, mixed-use,
public spaces, high-density residential, single family residential;
M. Strategic project direction, project management and coordination of consultant team;
N. Other related, allied, incidental and supplementary services as needed to complete the work on
awarded project.
III. Public Participation Services
A. Public outreach services are needed in order to assist the city in gathering and summarizing
stakeholder input as part of the planning process. This could the following, but not limited to:
1. Developing a multi-facet participation plan.
2. Coordinating initial outreach to identify issues, concerns, and opportunities;
3. Conducting stakeholder interviews.
00130909 2 16
IV. Project Background
Historically a rural residential enclave, Seven Ranches is a 280-acre site that has been broken into smaller
land parcels. This has creating significant obstacles to any coordinated development other than low density
residential. Property maintenance and esthetic issues serve as a disincentive for investment. The General
Plan supports consolidation of smaller parcels to foster orderly development. For smaller parcels, low
density residential is encouraged, while consolidated, non-residential development and related zoning
requests on parcels 5-acres or greater should be supported.
The majority of Seven Ranches is zones General Rural (GR) with a collection of lots on the north side
zoned as General Business (CB-2). The predominant zoning in the area around Seven Ranches is single
family to the north, west, and east, and general rural to the west.
The majority of the tract is zones General Rural (GR) which is the interim holding zone upon annexation.
The commercially zoned land is General Business (CB-2) zone and is in a unique configuration. The zone
is a heavier commercial district allowing the same uses as the Local Business Zone (CB-1) plus a number
of other uses such as warehousing and light industrial/assembly on a limited basis. Most of it is mid-block
along the arterials Honeycutt and Porter. Retail and commercial tend to work better at the corner of two
arterials with improved access and traffic counts. The mid-block configuration raises a question as to what
the corners will ultimately be. In addition, with approximately 90-acres zoned commercial (although 10-
acres is used as a school), an additional 50-60 acres at the two corners would bring the amount up to
approximately 140-acres of Commercial Business in the area. The depth of the CB-2 along Honeycutt Road
for the most part is over 1200 feet which provides for extremely deep commercial tracts. The back portions
of these tracts as zoned, is probably only suitable for warehouse type activities, which will set a
warehouse/industrial/heavy commercial tome for the balance of the280-acres and is probably bit acceptable
to all the property owners and the adjacent residential areas. In addition, there is a substantial Light Industry
& Warehouse Zone CI-1 to the southeast, which has a more flexible zoning with better access and visibility,
and therefore will probably absorb the more viable warehouse and industrial type uses. To summarize, there
is a concern with the amount of CB-1 zoning, how it is configured and what the possible end uses away
from the arterials will be and their effects upon the balance of the tract.
Maricopa is growing rapidly and Seven Ranches is experiencing the effects of growth all around it.
However, infrastructure in Seven Ranches is very poor and has not kept up with the growth. A private water
provider, Seven Ranches Water District serves Seven Ranches area. The water district, however, cannot
provide the minimum fire flow requirements, which poses serious challenges for new development needing
to meet current fire codes. Roads are unpaved, which creates severe dust and air quality issues. The roads
flood when it rains due to the lack of a proper drainage system. Additionally, roads are not aligned with
adjacent streets and new subdivisions.
One of the biggest barriers to developing the site is the lack of infrastructure, water, sewer, and roads. In
particular, water and wastewater issues are complicated by having various service providers, both public
and private. Another barrier is that there are multiple property owner, and land parcels are generally small.
Achieving consensus on a unified plan for the area may be difficult, as the owners have different and, in
some case, perhaps unrealistic expectations about the potential value of their property and its highest and
best use.
Inside Seven Ranches is a charter school, storage business, US postal distribution center, a church, and a
gas station. A 27-unit multi-family housing development is underway.
For supplemental information, you may view this document: Final Report Seven Ranches Area
WALANSTEPHENS PKWY
WFRI EN
WLO CO
CO ST
N A L M A S T
N G L E N N W IL D E D R
N
WHOMESTEADDR
WADAMSWAYN A L A N S T E P H E N S PK W
Y
N P O R T E R R D
N W H IT E A N D P A R K E R R D
W BOWLIN RD
1 inch = 1,200 FeetH:\Projects\Economic and Community Development\2020\Redevelopment Districts\redevelopment_district.aprx 11" x 8.5"
10/28/2020
Information shown on this map is for general reference and should be verified using recorded documents. It should not be used to replace a site survey.
Redevelopment District
2. Business Name (if different than above): ______
3. DUNS #: _____________________________________________________________
5. Type of organization (check one):
Individual/Sole Proprietor Limited Liability Company*
Corporation *Choose the tax classification
Partnership Disregarded Entity
7. Remittance address (if different than above):
______
9. Phone Number: _____ Fax Number: ______
10. Email address of contact person: ______
11. Applicant is a (check one):
Factory Representative Jobber
Manufacturer Authorized distributor
Retail dealer Contractor
Consultant Other: ______
12. Indicate if the business is registered as a minority or woman-owned company.
Minority-owned Woman-owned Not Applicable
13. How long has the company been in business? ______
14. Does applicant currently hold a valid business license issued by the City of Maricopa?
Yes No
1. Commodity/Service description (this section must be completed):
______ ____
Terms:
The City of Maricopa may take up to thirty (30) calendar days after the receipt of vendor's invoice
to render payment unless other arrangements are made through a written contract. Applicant's
signature below signifies acceptance of those terms.
Under Penalties of perjury, I certify that:
1. The number shown on this form is my correct federal employer identification number.
2. I am not subject to backup withholding because of failure to report interest and dividend income.
3. I am a U.S. person (including a U.S. resident alien).
(NOTE: You must cross out item 2. above if you have been notified by the IRS that you are
currently subject to backup withholding because you have failed to report all interest and
dividends on your tax return).
4. The following business ownership classifications are applicable:
Disadvantaged Business Enterprise Ownership Classification (Select One Only):
______ _______
1 Non-Small/Non-Minority/Non-Disabled 8 Small Business/Disabled Owner
2 Small Business (Per ARS §41-1001.20) 9 Minority Woman Owned Business
3 Minority Owned Business [Per 15 CFR
§1400.1(a)]
1492.5)
7 Small Business/Woman Owned 14 Small Business/Disabled-Minority-
Woman
The Internal Revenue Service does not require your consent to any provision of this document other than
the Owned certifications required to avoid backup withholding.”
00130909 2 20
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of __________ 2020, by
and between the CITY OF MARICOPA, ARIZONA, an Arizona municipal corporation (“City”),
and ____________________ (“Consultant”), to provide a Seven Ranches Land Use Master Plan
(“Services”).
WHEREAS, City desires to retain a consultant to furnish Professional services and to
make payment for the same in accordance with the terms and conditions set forth in this
Agreement, including all attachments and addenda, including the Request for Qualifications and
Consultant’s Proposal, which are appended hereto by mutual agreement of the parties; and
WHEREAS, in procuring these services, City issued RFQ #20_________________
seeking a qualified Consultant to provide a Seven Ranches Land Use Master Plan; and
NOW, THEREFORE, City agrees to retain and does hereby retain Consultant and
Consultant agrees to provide the services required according to the terms and conditions and for
the consideration hereinafter set forth:
1. CONSULTANT’S DUTIES: Consultant agrees to perform the following professional
services in connection with the Project:
See attached Exhibit A and Exhibit B, which are incorporated into this Agreement
2. COMPENSATION: In accordance with the terms and conditions of this Agreement,
City shall compensate Consultant for its professional services as follows:
See Exhibit B.
3. TERM. The term of this Agreement shall be negotiated between the parties.
4. CONSULTANT BILLING: Compensation for the Services provided under this
Agreement shall conform to the Scope of Work of the RFQ, attached as Exhibit A and Exhibit B
to this Agreement.
5. CITY’S STANDARD OF PERFORMANCE: City shall furnish the Consultant with all
data, information and other supporting services specified in Exhibits A and B.
6. CONSULTANT’S STANDARD OF PERFORMANCE: While performing the
services, Consultant shall exercise the reasonable professional care and skill customarily
exercised by reputable members of Consultant’s profession practicing in the Phoenix
Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its
professional skill and expertise. Consultant shall be responsible for all errors and omissions
Consultant commits in the performance of this Agreement that are a breach of this standard.
ATTACHMENT C
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7. CONFIDENTIALITY: Consultant, and any subcontractors or individuals hired by
Consultant to perform the services under this Agreement, shall keep any information concerning
City matters confidential and agree that they will not make any statement, give an interview or
provide any information to any person, corporation or other entity, including without limitation
any media source, in relation to the project or the services to be provided under this Agreement
without the prior written consent of City. Consultant, and any subcontractors or individuals hired
by Consultant, agree not to disclose to any other person or entity (unless required by law) any
confidential information concerning City matters during and after this Agreement.
8. NOTICES: All notices to the other party required under this Agreement shall be in
writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed
to the following personnel:
Maricopa, AZ 85138
If to Consultant:
Attn:
9. TERMINATION: This Agreement may be terminated by either party upon thirty (30)
days written notice. If this Agreement is terminated, Consultant shall be paid for services
performed to the date of receipt of such termination notice. In the event of such termination,
Consultant shall deliver to City all work in any state of completion at the date of effective
termination.
10. SUBCONTRACTORS: Consultant shall, within ten (10) days after the execution of
this Agreement and before awarding any subcontract, furnish City with a list of proposed
subcontractors, if any, and shall not employ any that City may object to for any reason.
Consultant agrees that it is as fully responsible to City for the acts and omissions of its
subcontractors and of persons either directly or indirectly employed by them as it is for the acts
and omissions of persons directly employed by Consultant. Nothing contained in the Agreement
shall create any contractual relations between any subcontractor and City.
11. RECORDS: Records of Consultant’s labor, payroll, and other costs pertaining to this
Agreement shall be kept on a generally recognized accounting basis and made available to City
for inspection on request. Consultant shall maintain records for a period of at least two (2) years
after termination of this Agreement, and shall make such records available during that retention
period for examination or audit by City personnel during regular business hours.
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12. INSURANCE:
12.1 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 authorized 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 have 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.
or deductible portions, except Workers' Compensation/Employer’s Liability 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 sections 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, except Workers'
Compensation/Employer’s Liability insurance and Professional Liability insurance, if applicable,
shall be primary insurance with respect to performance of this Agreement and in the protection of
the City as an Additional Insured.
f. Claims Made. In the event any insurance policies required by this
Agreement are written on a "claims made" basis, coverage shall extend, either by keeping
coverage in force or purchasing an extended reporting option, for three (3) years past completion
and acceptance of the services. Such continuing coverage shall be evidenced by submission of
annual Certificates of Insurance citing applicable coverage is in force and contains the provisions
as required herein for the three-year period.
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g. 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 on a
blanket basis.
h. 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.
i. Use of Subcontractors. If any work under this Agreement is
subcontracted in any way, the Consultant shall execute written agreement with the Subcontractor
containing the indemnification provisions and insurance requirements (unless waived by City in
City's sole discretion) set forth herein protecting the City and the Consultant. The Consultant shall
be responsible for executing the agreement with the Subcontractor and obtaining certificates of
insurance verifying the insurance requirements.
j. Evidence of' Insurance. Prior to commencing any work or services
under this Agreement, the Consultant shall furnish the City with certificate(s) of insurance, or
formal endorsements as required by this Agreement, issued by Consultant's 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. If a certificate of insurance is submitted as verification
of coverage, the City shall reasonably rely upon the certificate of insurance 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. If any of the above-cited policies expire during the
life of this Agreement, it shall be the Consultant's responsibility to forward renewal certificates
within ten (10) days after the renewal date containing all the aforementioned insurance
provisions. Certificates of insurance 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 or
equivalent.
equivalent.
00131824 2
(2) The Consultant 's insurance shall be primary and non-
contributory insurance as respects performance of the Agreement, except Workers'
Compensation/Employer’s Liability insurance and Professional Liability insurance, if applicable.
(3) All policies, excluding Professional Liability, 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.
12.2 Required Insurance Coverage.
"occurrence" form Commercial General Liability insurance with an unimpaired limit of not less
than $1,000,000 for each occurrence, $1,000,000 Products and Completed Operations Annual
Aggregate and a $2,000,000 General Aggregate Limit. Such limits may be met in combination of
primary and excess policies. The policy shall cover liability arising from premises, operations,
independent contractors, products-completed operations, bodily injury or death, personal injury,
advertising injury and property damage. Coverage under the policy will be at least as broad as
ISO policy forms CG 00 010 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, volunteers and employees
shall be cited as an Additional Insured under ISO, Commercial General Liability Additional
Insured Endorsement form CG 20 10, 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."
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 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.
shall maintain Professional Liability insurance covering negligent errors and omissions arising
00131824 2
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 $5,000,000 each claim and $5,000,000 all claims.
In the event the Professional Liability insurance policy is written on a "claims made" basis,
Consultant warrants that any retroactive date under the policy shall precede the effective date of
this Agreement; and that either continuous coverage will be maintained or an extended discovery
period will be exercised for a period of three (3) years beginning at the time work under this
Agreement is completed.
Workers' Compensation insurance to cover obligations imposed by federal and state statutes
having jurisdiction of 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.
12.3 Cancellation and Expiration Notice. Insurance required herein shall not
expire, be canceled, except for non-payment of premium, without thirty (30) days prior written
notice to the City.
13. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement
shall imply City is obligated to obtain the services described herein with only this particular
consultant.
14. UNCONTROLLABLE FORCES: City and Consultant shall exert all efforts to
perform their respective responsibilities under this Agreement. However, neither party shall hold
the other party responsible for inability to render timely performance if such inability is a direct
result of a force beyond its control, including but not limited to the following: strikes, lockouts,
embargoes, failure of carriers, inability to obtain transportation facilities, acts of God or the
public enemy, or other events beyond the control of the other or the other’s employees and
agents.
15. INDEMNIFICATION: To the fullest extent allowed by law, Consultant shall defend,
indemnify, and hold City, its officers and employees harmless from any and all loss, damage,
claim for damage, liability, expense, or cost, including reasonable attorneys’ fees, which arise out
of, or is in any way connected with the performance of work under this Agreement by
Consultant, or any of Consultant’s employees, agents or subconsultants, and from all claims by
Consultant’s employees, subconsultants and agents for compensation for services rendered to
Consultant in the performance of this Agreement, notwithstanding that City may have benefited
from their services. This indemnification provision shall only apply to any and all negligent acts
or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of
Consultant or Consultant’s employees, subconsultants or agents. This section shall survive the
expiration or early termination of the Agreement.
00131824 2
16. WAIVER OF TERMS AND CONDITIONS: The failure of City or Consultant to
insist in any one or more instances on performance of any of the terms or conditions of this
Agreement or to exercise any right or privilege contained herein shall not be considered as
thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force
and effect.
17. INDEPENDENT CONTRACTOR: Consultant shall at all times during Consultant’s
performance of the services retain Consultant’s status as independent contractor. Consultant’s
employees shall under no circumstances be considered or held to be employees or agents of City,
and City shall have no obligation to pay or withhold state or federal taxes or provide workers’
compensation or unemployment insurance for or on behalf of them or Consultant.
18. ARBITRATION. In the event that there is a dispute hereunder which the parties
cannot resolve between themselves, the parties agree to attempt to settle the dispute by
nonbinding arbitration before commencement of litigation. The arbitration shall be held under
the rules of the American Arbitration Association. The matter in dispute shall be submitted to an
arbitrator mutually selected by Consultant and the City. In the event that the parties cannot agree
upon the selection of an arbitrator within seven (7) days, then within three (3) days thereafter, the
City and Consultant shall request the presiding judge of the Superior Court in and for the County
of Pinal, State of Arizona, to appoint an independent arbitrator. The cost of any such arbitration
shall be divided equally between the City and Consultant. The results of the arbitration shall be
nonbinding on the parties, and any party shall be free to initiate litigation subsequent to the final
decision of the arbitrator.
19. GOVERNING LAW AND VENUE: The terms and conditions of this
Agreement shall be governed by and interpreted in accordance with the laws of the State of
Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a
right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in
Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a
change of venue in such proceeding to any other county. In the event either party shall bring suit
to enforce any term of this Agreement or to recover any damages for and on account of the breach
of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such
action shall recover all costs including: all litigation and appeal expenses, collection expenses,
reasonable attorneys’ fees, necessary witness fees and court costs to be determined by the court in
such action.
20. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents,
information and data prepared or assembled by Consultant under this Agreement shall be and
remain the property of City and shall be forwarded to City at any time City requires such papers.
21. LICENSE: Consultant represents and warrants that any license necessary to perform
the work under this Agreement is current and valid. Consultant understands that the activity
described herein may constitute “doing business in the “City of Maricopa” and Consultant agrees
to obtain any necessary business tax license pursuant to Article 8-1 of the City of Maricopa’s City
00131824 2
Code and keep such license current during the term of this Agreement. Any activity by
subconsultants within the corporate city limits, will invoke the same business tax regulations on
any subconsultants, and Consultant ensures its subconsultants will obtain any required business
tax license.
22. NONASSIGNMENT: This Agreement has been entered into based upon the personal
reputation, expertise and qualifications of Consultant. Neither party to this Agreement shall
assign its interest in the Agreement, either in whole or in part. Consultant shall not assign any
monies due or to become due to it hereunder without the prior written consent of City.
23. THIRD PARTY BENEFICIARIES: There are no third party beneficiaries of this
Agreement.
24. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire
agreement between City and Consultant and supersede all prior negotiations, representations or
agreements, either express or implied, written or oral. It is mutually understood and agreed that
no alteration or variation of the terms and conditions of this Agreement shall be valid unless made
in writing and signed by the parties hereto. Written and signed amendments shall automatically
become part of the Agreement, and shall supersede any inconsistent provision therein; provided,
however, that any apparent inconsistency shall be resolved, if possible, by construing the
provisions as mutually complementary and supplementary.
25. SEVERABILITY: If any part, term or provision of this Agreement shall be held
illegal, unenforceable or in conflict with any law, the validity of the remaining portions and
provisions hereof shall not be affected.
26. CONFLICTS OF INTEREST: The provisions of A.R.S. §38-511 relating to
cancellation of contracts due to conflicts of interest shall apply to this contract.
27. AMERICANS WITH DISABILITIES ACT: This agreement is subject to all
applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C.
12101-12213) and all applicable federal regulations under the Act, including 28 CFF Parts 35 and
36. (Non-Discrimination: The Consultant shall comply with Executive Order 99-4, which
mandates that all persons, regardless of race, color, religion, sex, age, national origin or political
affiliation shall have equal access to employment opportunities, and all other applicable state and
federal employment laws, rules and regulations, including the Americans With Disabilities Act.
The Consultant shall take affirmative action to ensure that applicants for employment and
employees are not discriminated against due to race, creed, color, religion, sex, age, national
origin or political affiliation or disability.)
28. FEDERAL REGULATIONS: Non-Federal entities are prohibited from contracting
with or making sub-awards under covered transactions to parties that are suspended or debarred
or whose principals are suspended or debarred. Consultant acknowledges, by signature to this
agreement, that: Consultant is not currently suspended or debarred from contracting with the
00131824 2
federal government or any of it’s agencies or the State of Arizona or any of its political
subdivisions; Consultant’s principals are not currently suspended or debarred from contracting
with the federal government or any of its agencies or the State of Arizona or any of its political
subdivisions.
29. UNDOCUMENTED WORKERS: Consultant understands and acknowledges
the applicability to it of the Immigration Reform and Control Act of 1986. Under the provisions
of A.R.S. §41-4401, Consultant hereby warrants to the City that the Consultant and each of its
subcontractors (“Subcontractor”) will comply with, and are contractually obligated to comply
with, all Federal Immigration laws and regulations that relate to their employees and A.R.S. §23-
214(A) (hereinafter “Immigration Warranty”). A breach of the Immigration Warranty shall
constitute a material breach of this Agreement and shall subject the Consultant to penalties up to
and including termination of this Agreement at the sole discretion of the City. The City retains
the legal right to inspect the papers of any Consultant or Subcontractor employee who works on
this Agreement to ensure that the Consultant or Subcontractor is complying with the Immigration
Warranty. Consultant agrees to assist the City in regard to any such inspections. The City may,
at its sole discretion, conduct random verification of the employment records of the Consultant
and any of subcontractors to ensure compliance with Immigration Warranty. Consultant agrees to
assist the City in regard to any random verification(s) performed.
Neither the Consultant nor any Subcontractor shall be deemed to have materially
breached the Immigration Warranty if they establish that it has complied with the employment
verification provisions prescribed by sections 274A and 274B of the Federal Immigration and
Nationality Act and the E-Verify requirements prescribed by A.R.S. §23-214, Subsection A.
The provisions of this paragraph must be included in any contract the Consultant enters
into with any and all of its subcontractors who provide services under this Agreement or any
subcontract. “Services” are defined as furnishing labor, time or effort in the State of Arizona by a
contractor or subcontractor.
30. NO KICK-BACK CERTIFICATION: Consultant warrants that no person has been
employed or retained to solicit or secure this Agreement upon an agreement or understanding for
a commission, percentage, brokerage or contingent fee; and that no member of the City Council
or any employee of the City has an interest, financially or otherwise, in the Consultant’s firm.
For breach or violation of this warranty, the City shall have the right to annul this Agreement
without liability, or at its discretion to deduct from the compensation to be paid Consultant
hereunder, the full amount of such commission, percentage, brokerage or contingent fee.
31. ISRAEL BOYCOTT: Consultant shall not participate in, and agrees not to
participate in during the term of this Agreement a boycott of Israel in accordance with A.R.S.
§35-393.01
32. LIQUIDATED DAMAGES: Consultant acknowledges and agrees that if Consultant
fails to obtain Substantial Completion of the Services within the Term, City will sustain extensive
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damages and serious loss as a result of such failure. The exact amount of such damages will be
extremely difficult to ascertain. Therefore, City and Consultant agree that if Contractor fails to
achieve Substantial Completion of the Services within the Term, City shall be entitled to withhold
compensation from Consultant under this Agreement in the amount of one-hundred and 00/100
Dollars ($100.00) per day until Substantial Completion of the Services is performed as liquidated
damages and not as a penalty.
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their
duly authorized representatives as of the day and year first above written.
CONSULTANT:
By: __________________________
Its: ___________________________