1-26RFSQ024 On-call Parks Planning FINAL.pdf

SEPTEMBER 22, 2025

REQUEST FOR STATEMENT OF QUALIFICATIONS

FOR

ON-CALL PARK PLANNING SERVICES

SOLICITATION NUMBER: 26RFSQ024

Staff Contact:

Roger Berna

Principal Project Manager rberna@scottsdaleaz.gov

(480) 312-7845

STATEMENT OF QUALIFICATIONS IS DUE:

FRIDAY, OCTOBER 24, 2025, AT 12:00 PM

(Revised 01/11/2023- Doc #8398990-v34) Page 33 of 33

REQUEST FOR STATEMENT OF QUALIFICATIONS

ON-CALL PARK PLANNING SERVICES

SECTION I – DESCRIPTION OF REQUEST

The City of Scottsdale (“City”) is poised to make significant investments into its park system with the voter-approved Proposition 490 and recently approved Parks System-Wide Master Plan. The City’s legacy in parks began in 1956, and currently the department operates 45 parks, 4 aquatic centers, 6 community centers, and the McDowell Sonoran Preserve, which totals over 30,000 acres.

The City is requesting statements of qualifications from qualified firms to provide On-Call Park Planning services for projects throughout the City on an as-needed basis. The scope of work for these projects may include design/engineering, feasibility studies, master planning, specification review, and other related services. Projects may range from relatively small landscape design services with quick turnaround times, to large-scale master planning services, including robust public outreach. This solicitation is open to all qualified firms.

Scottsdale anticipates awarding up to three (3) on-call contracts to consultants but may award fewer contracts if deemed in the City’s best interest. Whether or not it enters any contracts, and how work is awarded between those contracts, are all at the City’s discretion. Further, the City will use any awarded contracts on an as-needed basis. The City makes no guarantee of work under an on-call services contract. The City reserves the right to issue solicitations for additional firms, at the City’s sole discretion, if the firms awarded contracts from this solicitation are of an insufficient number or skill set to satisfy the City’s needs or to ensure adequate competition.

Awarded firms may subcontract portions of the awarded tasks to specialized consultants upon approval from the City, and subject to the requirements of this Request for Qualifications (“RFQ”).

The initial term of each contract will be for two (2) years and have a maximum contract term amount of $3,000,000 (three million dollars). Each on-call contract may be renewed for up to three (3) additional one-year terms, with a maximum annual contract term amount of $1,500,000 (one million five hundred thousand dollars) per extension. Renewal of each contract will be based on the successful performance by the firm and the needs of the City. The contract maximum may be increased at the time the option is exercised, or at another time deemed prudent by the mutual agreement of both parties.

SECTION II - ABBREVIATED SCOPE OF WORK

At the beginning of each Task Order, a scope of work conference will be scheduled to define services required of the firm. The range of services which firm(s) may be asked to provide includes, but is not limited to, the following:

• Project Administration and Supporting Services

• Design Services (Schematic Design, Design Development, Construction Documents)

• Programming and Conceptual Design

• Project Feasibility and Preliminary Cost Estimating Services

• Site Design/Planning

• Rendering/Modeling

• Planning and Permitting Services

• Construction Drawings and Technical Specifications

• Construction Administration Services as Architect of Record

• Materials Research/Specifications

• Signage and Graphic Design

• Space Planning

• Facilities Planning

• ADA site and project review/plans

• Value Analysis

• Existing Facilities Surveys

• Lifecycle Evaluation

• Historic Preservation

• Feasibility Studies/Cost-Benefit Analysis

• Drainage/Floodway Work to include 404/408 Army Corp.

• Cost Estimating and Value Engineering

• NEPA/Cultural Surveys

This contract may be used by other City Departments.

SECTION III - STATEMENT OF QUALIFICATIONS

Qualified firms will submit electronic Statements of Qualifications having an eight (8) page limit for review by the City’s selection panel (See Section IV, below).

A. General Information

Please provide the following general firm information:

a) Number of years in business and years supplying the types of services requested, and or firms collaborated with to provide services outlined.

b) General scope of services provided within your local office from which the work will be performed. (including principal area(s) of expertise)

c) Services to be provided from other offices within your company or those services that would be delivered via the use of sub-consultants.

d) Indicate your firm’s management and organizational capabilities with regards to staff and resource capacity to respond to critical deadlines and complex scope requirements on short notice including the ability to perform on-site work with limited advance notice.

B. Firm’s Capabilities and Relevant Experience

Identify at least 5 completed projects best demonstrating the firm’s range of capability in the services outlined in Section II above. Special consideration will be given to firms that have provided services on similar successful projects. For each project provide the following:

a) Title and brief description of project including major design tasks

b) Project owner and reference information (Owner’s representative/Project Manager and telephone number)

c) How the firm was contracted (i.e. formal solicitation, direct select, on-call, sub-consultant or other)

d) Initial design schedule and final design schedule – indicate beginning and end dates for both

e) Project’s original estimated design cost and final design cost. Explain any differences

f) Portion of project completed by your firm including design tasks

g) Name and role of each key person assigned to the project

h) Project’s original estimated construction cost, Architect’s opinion of construction cost and final construction cost. Explain any differences

i) Identify site/project specific challenges and how the team (this may include owner’s representative and contractor) reached consensus and overcame issues.

C. Approach to Performing the Required Services

a) Discuss specific strategies, analyses and procedures that you will employ during this contract to identify key design features, evaluate options, develop feasible alternatives, implement value engineering and develop cost conscious designs aligning with city criteria.

b) Demonstrate your understanding of 404/408 designated area municipal projects by discussing key stakeholders, significant issues, opportunities and challenges that, in your firm’s experience, must be addressed to develop a successful project, regardless of the scope and budget.

c) Outline typical tasks and levels of effort performed by project management and executives during a project’s design phase.

d) Demonstrate your firm’s familiarity with the City of Scottsdale’s procedures and design standards, plan review processes, approval agencies, permitting requirements and relative time frames for design approval and construction readiness.

D. Experience of Key Personnel

a) Identify your firm’s key project staff and include resumes. The included resumes do not count toward overall page count. For each key person identified, list the primary role played on municipal projects similar in scope of services to outline in Section II above.

b) Discuss the proposed team’s experience working together in general and specific to the City of Scottsdale, if any.

c) Include a statement of commitment for the ability of the individual(s) identified to serve for all assignments negotiated under these contracts.

d) Identify any proposed sub-consultant, including key staff names, their proposed role, and the experience and qualifications of the individuals and previous experience working together with your firm’s key project staff.

E. Overall Evaluation of the Team

This is to be determined by the selection panel members. No submittal response is required.

SECTION IV – SUBMITTAL REQUIREMENTS

Reply to this request with an electronic Statement of Qualifications meeting the following requirements in the order listed.

The SOQ submittal pages shall be 8 ½” x 11” and must include:

• A one-page cover letter prepared on the company's letterhead and signed by a principal of the company. Provide primary contact person and contact person’s telephone number and e-mail address. This sheet is not included in your page count.

• The company's responses to the RFQ criteria in Section III – Statement of Qualifications in order A-D and titled as listed using a MAXIMUM of 8 pages. Please note, that tabs and resumes do not count towards the total page count. Adherence to the maximum page criterion is critical and each page with criteria information will be counted. Pages that have project photos, charts, and graphs will count toward the maximum number of pages. Submittals which exceed the eight page limitation or font requirements for this item will not be considered.

o Pages shall be 8½” x 11” in size o Page margins shall be ½” minimum o The only acceptable fonts are as follows: Arial, Bookman, Cambria, Century or

Times New Roman o The minimum font size shall be 10 point o Narrow versions of the acceptable fonts are not permitted o Font character spacing shall be scaled at 100% and spacing shall be normal and not condensed.

o The font criteria shall apply to all text, photos, charts, graphs, and exhibits.

• A statement in the proposal that the firm has read and understood all the elements laid out in the On-Call Architectural Services Contract.

• Acknowledgement of Addenda (Exhibit A). Indicate “None” in the event no addendums are issued, not included in your page count.

• Affidavit of Non-Collusion (Exhibit B) filled out.

Please be advised that failure to comply with the following criteria will be grounds for disqualification and will be strictly enforced:

• Maximum document size is 10MB for the electronic document containing all items listed above.

• Adherence to limitation on the size and number of pages or font requirements as stated above

• The submittal must be able to be printed if necessary

• Receipt of submittal past specified cut-off date and time

SECTION V - SELECTION PROCESS AND EVALUATION CRITERIA

A Selection Panel will evaluate and score each SOQ according to the criteria set forth in Section III above in order to determine a “shortlist” of five (5) submitters for the interview phase of the selection process. Finalists may be invited to participate in detailed interviews. An interview invitation letter will provide the evaluation criteria to be used. However, the City reserves the right to select a firm based on the evaluation of the SOQ submittals alone and not proceed to interviews.

Evaluation of the submittals will be based on the following:

A. General Information Max. 25 points B. Firm’s Capabilities and Relevant Experience Max. 300 Points C. Approach to Performing Services Max. 200 Points D. Experience of Key Personnel Max. 150 Points E. Firm’s ability to meet onsite, conduct onsite work Max. 300 Points and turnaround tasks within short timelines F. Overall Evaluation of the Company/Team and Max. 25 Points its perceived ability to provide the required services as determined by the selection panel. (No submittal response is required.)

At the conclusion of the selection process, each of the rated elements for each submitter will be evaluated to determine the best qualified firm for this request. If the City is unsuccessful in negotiating a contract with the best qualified firm, the City may then negotiate with the second most qualified firm until a contract is executed, or may decide to terminate the selection process.

The following tentative schedule has been prepared for this project:

Questions Due October 8, 2025 at 12:00 PM SOQ’s due October 24, 2025 at 12:00 PM SOQ evaluations complete October 29, 2025 Anticipated Interviews/Selection Week of November 3, 2025

Until the award and execution of the contract, the City will only release the name of the selected firm. All other information received by the City in response to the SOQ or contained in the proposals will be confidential to avoid disclosure of the contents that may be prejudicial to the competing offeror(s) during the selection process. The submittal of the winning firm will be open to public inspection upon request after the contract is awarded and the City has executed the contract with the selected firm.

SECTION VI - CONTRACTS AND FEES

The City will not request or consider fees, price, man-hours or any other cost information at any time during the selection process, including the selection of firms to be interviewed, the final list, the order of preference or any other purpose.

For firms submitting proposals, the City requires a statement in the proposal that the firm has read and understood all the elements laid out in the On-Call Architectural Services Contract.

Exclusive Agreements: The City of Scottsdale requests that no exclusive agreement be made with potential sub-consultants.

SECTION VII - INDEMNIFICATION & INSURANCE REQUIREMENTS

The City of Scottsdale requires the selected firm to execute a City of Scottsdale On-Call Architectural Services Contract. The basic format of the City contract is attached to this RFQ as Exhibit C.

The City’s Indemnification and Insurance language is included in the contract.

Questions regarding insurance and indemnification shall be addressed prior to submittal in writing, by e-mail, to the e-mail address listed at the end of this document.

SECTION VIII - GENERAL INFORMATION

City Website: This Request for Qualifications will be posted on the City’s website. The address is: https://www.scottsdaleaz.gov/purchasing/procurement..

Instructions: The City of Scottsdale will not be held responsible for any oral instructions.

Any changes to this Request for Qualifications will be in the form of an addendum, which will be furnished to all registered Request for Qualifications holders. A statement of receipt of all addenda must be included in the submittal or transmittal.

City Rights: The City of Scottsdale reserves the right to reject any oral 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.

Release of Project Information: The City shall coordinate the release of all public information concerning the project, including selection announcements and contract awards. Firms 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 sub consultants) 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, Executive Directors, Department Heads, and other 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 below.

Protests: Protests of this solicitation will be subject to the provisions of Scottsdale Revised Code §2-213 et. seq.

No Preferential Treatment or Discrimination: In accordance with the provisions of Article II, Section 36 of the Arizona Constitution, the City will not grant preferential treatment to or discriminate against any individual or group on the basis of race, sex, color, ethnicity or national origin.

Lawful Presence in the United States for Persons: A.R.S. §1-502 (H.B. 2008) requires that all PERSONS who will be awarded a contract and apply for public benefit must demonstrate through a signed affidavit and the presentation of a copy of documentation that verifies that they are lawfully present in the United States.

A PERSON is defined as all NATURAL PERSONS/INDIVIDUALS/SOLE PROPRIETORSHIPS as indicated by your W9 Filing. (This law does not apply to LLP’s, LLC’s, PLLC’s, Corporations Limited Partnerships or General Partnerships) https://www.scottsdaleaz.gov/purchasing/procurement

By submitting your quote, bid, proposal and/or indicating your desire to enter in a contract with the City you are agreeing that if you are selected as the awardee and meet the criteria of a PERSON you will abide by this law and sign and submit an AFFIDAVIT DEMONSTRATING LAWFUL PRESENCE IN THE UNITED STATES and attach the appropriate copy of your documentation to verify of that statement. Types of acceptable documentation copies are an Arizona Drivers License issued after 1996, Arizona non-operating identification license, U.S. birth certificate, U.S. Passport, I-94 Form with photograph and several others that are all listed on the Affidavit form that the City will send to you for your completion before to issuing any contract.

If you have previously done business with the City and have already filed the above Affidavit with copies of an acceptable documentation please indicate when you filed the affidavit. If your approved Affidavit is already on file with the City, you have complied with this requirement.

If you fail to provide a completed Affidavit and accompanying copy of your acceptable documentation, or if you do not advise the City of your previous filing within 10 calendar days after receiving the City’s request you may be considered non-responsive and disqualified from that award consideration. You can obtain the complete Affidavit form from the City’s Purchasing Department at (480) 312-5700 or the City’s website at:

https://www.scottsdaleaz.gov/Assets/ScottsdaleAZ/Purchasing/AffidavitHB2008.pdf

SECTION IX - STATEMENT OF QUALIFICATIONS SUBMITTAL TIME AND PLACE

Submittals must be received no later than 12:00 p.m., Friday, October 24, 2025. The City reserves the right to cancel or modify this Request for Qualifications at any time.

The electronic submittal shall be submitted in Adobe PDF format through the Bonfire (Euna) system: https://scottsdaleaz.bonfirehub.com/portal/?tab=openOpportunities

The subject line of the email MUST READ: Your Company Name 26RFSQ024 & On-call Parks Planning Services . Please upload your submission as a single adobe file. An email confirming your submission will serve as a receipt.

SECTION X – QUESTIONS

Questions pertaining to the consultant selection process or contract issues should be directed in writing by email to:

Mya Trivison, Project Management Assistant E-mail: mtrivison@scottsdaleaz.gov

CITY OF SCOTTSDALE TRANSPORTATION AND INFRASTRUCTURE

Questions must be received in writing by Wednesday, October 8, 2025. Responses to questions will be posted to the City’s website at the address above by close of business Friday, October 10, 2025, by addendum.

Verbal inquiries, in person or by telephone, will not be answered.

Attachments:

Exhibit A - Acknowledgement of Addendum (if applicable) Exhibit B – Affidavit Regarding Non-Collusion Exhibit C - Sample On-Call Architectural Services Contract https://www.scottsdaleaz.gov/Assets/ScottsdaleAZ/Purchasing/AffidavitHB2008.pdf https://scottsdaleaz.bonfirehub.com/portal/?tab=openOpportunities

Exhibit A

ACKNOWLEDGEMENT OF ADDENDA

The company shall acknowledge all addenda in writing, by writing the addendum number(s) and dates below.

ADDENDUM NO. DATE

Exhibit B

AFFIDAVIT REGARDING NON-COLLUSION

PROJECT NAME: ON-CALL PARKS PLANNING SERVICES

State of

County of

I, (name and title of authorized representative) says and certifies, that said Contractor/Company has not, either directly, or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposing in connection with the preparation or submission of its Offer in response to this solicitation or any potential resulting Contract. This affidavit must be notarized for it to be acceptable.

Contractor/Company Name

Signature of Authorized Representative

Printed Name and Title of Authorized Representative

The foregoing instrument was acknowledged before me this day of ____ 20___.

Notary Public My Commission Expires

Notary Stamp

CITY OF SCOTTSDALE

ARCHITECTURAL SERVICES CONTRACT

PROJECT NO. __ / SOLICITATION NO.

CONTRACT NO. 202_-______-COS

THIS CONTRACT, entered into this ____ day of _________________, 202_, between the City of Scottsdale, an Arizona municipal corporation, the “CITY” and _____________________________, an_____________________, the "ARCHITECT.”

RECITALS

A. The Mayor of the City of Scottsdale is authorized by the City Charter to execute contracts for professional services; and

B. The City intends to contract for Architectural services with _____________________________ () for one or more individual task orders.

C. The Architect is qualified to render the services desired by the City.

FOR AND IN CONSIDERATION of the parties’ mutual covenants and conditions, the City and the ARCHITECT agree as follows:

1.0 DESCRIPTION, ACCEPTANCE, DOCUMENTATION

1.1 Scope of Services

A. The Architect will furnish any and all services specified in an individual Task Order for which it is issued a Task Order Notice to Proceed in accordance with this Contract.

The Architect must obtain all necessary information to complete the tasks specified in Exhibit A, Project Scope of Work.

1.2 Acceptance and Documentation

A. Each task will be reviewed and approved by the Contract Administrator to determine acceptable completion.

B. The City will provide all necessary information to the Architect for timely completion of the tasks specified in Section 1.1 above.

C. All documents, including but not limited to, data compilations, studies, and reports which are prepared in the performance of this Contract are to be

Exhibit C

SAMPLE

and remain the property of the City and are to be delivered to the Contract Administrator before final payment is made to the Architect.

2.0 FEES AND PAYMENTS

2.1 Fee Schedule

The amount paid to the Architect shall not exceed $____________________ for the initial term of this Contract.

The Architect shall be paid at the hourly rates shown in Exhibit A.

2.2 Payment Approval

The time spent for each task must be recorded and submitted to the Contract

Administrator. The Architect must maintain all necessary documents and accounting records pertaining to time billed and to costs incurred and make these materials available at all reasonable times during the Contract period.

Monthly payments will be made to the Architect on the basis of a progress report submitted by the Architect for work completed through the last day of the preceding calendar month. Each task is subject to review and approval by the Contract Administrator to determine acceptable completion.

The Contract Administrator will prepare a partial payment request document for the Architect’s acceptance. However, not more than 90% of the total Contract price will be paid before City's final acceptance of all completed work.

The Contract Administrator reserves the exclusive right to determine the amount of work performed and payment due the Architect on a monthly basis.

All charges must be approved by the Contract Administrator before payment.

2.2.1 Payment Terms

The City of Scottsdale’s payment terms for architectural work under State of Arizona A.R.S. Title 34 requirements is fourteen (14) days after invoice submittal by the Architect and the work is certified and approved by the City Contract Administrator.

The City has seven (7) days after receipt of the invoice to prepare and issue a written finding setting forth those items in detail which are not approved for payment under the Contract and which are not certified by the City Contract Administrator. Until such time as such issues are resolved and certified by the City the fourteen (14) day payment term will not have commenced.

3.0 GENERAL TERMS AND CONDITIONS

3.1 Contract Administrator

The Contract Administrator for the City will be __________________, or designee. The Contract Administrator will oversee the performance of this Contract, assist the Architect in accessing the organization, audit billings, and approve payments. The Architect must submit all reports and special requests through the Contract Administrator. The Contract Administrator has the authority to authorize Change Orders up to the limits permitted by the City’s Procurement Code.

3.2 Term of Contract

The initial term of this Contract shall be for a period of two years and will commence on or about the ___ day of _________, 2023, and will be for ___ year(s) with the option to extend for ___ additional years in ___ year increments.

1. The option to extend may be exercised based on Architect’s successful performance and the needs of the City.

2. A Contract Modification will be processed for each extension and will commence on or about the anniversary date of the Contract. Each extension must be authorized by the City Architect or designee.

B. The Contract will remain in full force and effect during the performance of any

Task Order.

3.3 Termination or Cancellation of Contract

The City may terminate this Contract or abandon any portion of a project that has not been performed by the Architect.

Termination for Convenience: The City has the right to terminate this Contract or any part of it for its sole convenience with thirty (30) days written notice. If terminated, the Architect must immediately stop all work and will immediately cause any of its suppliers and Subcontractors to stop all work. As payment in full for services performed to the date of the termination, the Architect will receive a fee for the percentage of services actually completed. This fee will be in the amount mutually agreed upon by the Architect and the City, based on the Scope of Work.

If there is no mutual agreement, the Contract Administrator will determine the percentage of completion of each task detailed in the Scope of Work and the Architect’s compensation will be based on this determination. The City will make this final payment within sixty (60) days after the Architect has delivered the last of the partially completed items. The Architect will not be paid for any work done after receipt of the notice of termination or for any costs incurred by the Architect’s suppliers or Subcontractors, which the Architect could reasonably have avoided.

Cancellation for Cause: The City may also cancel this Contract or any part of it with seven (7) days’ notice if the Architect defaults, or if the Architect fails to comply with any of the terms and conditions of this Contract. Unsatisfactory performance as determined by the Contract Administrator or failure to provide the

City, upon request, with adequate assurances of future performance are all causes allowing the City to terminate this Contract for cause. Upon cancellation for cause, the City will not be liable to the Architect for any amount, and the Architect will be liable to the City for all damages sustained by the default which caused the cancellation.

If the Architect is in violation of any Federal, State, County or City law, regulation or ordinance, the City may terminate this Contract immediately after giving notice to the Architect.

If the City cancels this Contract or any part of the Contract services, the City will notify the Architect in writing, and upon receiving notice, the Architect must discontinue advancing the work and proceed to close all operations.

Upon cancellation, the Architect must deliver to the City all drawings, special provisions, field survey notes, reports, and estimates, entirely or partially completed, in any format, including but not limited to written or electronic media, together with all unused materials supplied by the City. Use of incomplete data will be the City’s sole responsibility.

The Architect must appraise the work it has completed and submit its appraisal to the City for evaluation.

If the Architect fails to fulfill in a timely and proper manner its obligations, or if the Architect violates any of the terms of this Contract, the City may withhold any payments to the Architect for the purpose of setoff until the exact amount of damages due the City from the Architect is determined by a court of competent jurisdiction.

If the City improperly cancels the Contract for cause; the cancellation for cause will be converted to a termination for convenience in accordance with the provisions of this Section 3.3.

3.4 Funds Appropriation

If the City Council does not appropriate funds to continue this Contract, the City may terminate this Contract at the end of the current fiscal period. The City agrees to give written notice of termination to the Architect at least thirty (30) days before the end of its current fiscal period and will pay to the Architect all approved charges incurred through the end of that period.

3.5 Audit

The City may audit all of the Architect’s records, calculations, and working documents pertaining to this work at a mutually agreeable time and place.

The Architect’s records (hard copy, as well as computer readable data), and any other supporting evidence necessary to substantiate any claims related to this Contract must be open to inspection and subject to audit and reproduction by the City's authorized representative as necessary to permit evaluation and verification of the cost of the work, and any invoices, change orders, payments or claims submitted by the Architect or any of his payees. The City's authorized representative must be afforded access, at reasonable times and places, to all of the Architect’s records and personnel throughout the term of this Contract and for a period of three (3) years after the final payment.

The Architect must require all Subcontractors and material suppliers (payees) to comply with the provisions of this section by insertion of these requirements in a written Contract between the Architect and payee. These requirements will apply to all Subcontractors.

If an audit discloses overcharges by the Architect to the City in excess of 1% of the total Contract billings, the actual cost of the City's audit must be reimbursed to the City by the Architect. Any adjustments and payments made as a result of the audit or inspection of the Architect’s invoices and records will be made within a period of time not to exceed 90 days from presentation of the City's findings to the Architect.

This audit provision includes the right to inspect personnel records as required by Section 3.22.

3.6 Ownership of Project Documents

All documents, including but not limited to, field notes, design notes, tracings, data compilations, studies, and reports in any format, including but not limited to, written or electronic media, prepared in the performance of this Contract will remain the property of the City and must be delivered to the Contract Administrator before final payment is made to the Architect.

When the work detail covers only the preparation of preliminary reports or plans, there will be no limitations upon the City concerning use of the plans or ideas in the reports or plans for the preparation of final construction plans. The City will release the Architect from any liability for the preparation of final construction plans by others.

3.7 Completeness and Accuracy

The Architect will be responsible for the completeness and accuracy of its work, including but not limited to, survey work, reports, supporting data, and drawings, sketches, etc. prepared by the Architect and will correct, at its expense, all errors or omissions which may be disclosed. The cost to correct those errors will be chargeable to the Architect. Additional construction added to the project will not be the responsibility of the Architect unless the need for additional construction was created by any error, omission, or negligent act of the Architect. The City’s acceptance of the Architect’s work will not relieve the Architect of any of its responsibilities.

3.8 Attorney’s Fees

Should either party bring any action for relief, declaratory or otherwise, arising out of this Contract, the prevailing party shall be entitled to an award of reasonable attorneys’ fees, reasonable costs and expenses as determined by the court. All these fees, costs, and expenses will be considered to have accrued on the commencement of the action.

3.9 Successors and Assigns

This Contract shall be binding upon the Architect, its successors and assigns, including any individual, or other entity with or into which the Architect may merge, consolidate, or be liquidated, or any individual or other entity to which the Architect may sell or assign its assets.

3.10 Assignment

Services covered by this Contract may not be assigned or sublet in whole or in part without first obtaining the written consent of the Purchasing Director and Contract Administrator.

3.11 Subcontractors

The Architect may engage Subcontractors as required for the timely completion of this Contract. If the Architect subcontracts any of the work required by the Contract, the Architect remains solely responsible for fulfillment of all the terms of this Contract.

The Architect will pay its Subcontractors within seven (7) calendar days of receipt of each progress payment from the City. The Architect will pay for the amount of the Work performed by each Subcontractor as accepted and approved by the City with each progress payment. In addition, any reduction of retention, if any, by the City will result in a corresponding reduction to Subcontractors who have performed satisfactory work. The Architect will pay Subcontractors the reduced retention within fourteen (14) calendar days of the payment of the reduction of the retention to the Architect. No Contract between the Architect and its Subcontractors may materially alter the rights of any Subcontractor to receive prompt payment and retention reduction as provided in this Contract.

If the Architect fails to make payments in accordance with these provisions, the City may take any of one or more of the following actions:

A. To hold the Architect in default under this Contract;

B. Withhold future payments including retention until proper payment has been made to Subcontractors in accordance with these provisions;

C. Reject all future offers to perform work for the City from the Architect for a period not to exceed 1 year from the completion date of this project; or D. Terminate this Contract.

3.12 Alterations or Additions to Scope of Services

The total Scope of the Architect ing Services to be performed is stated in this Contract and any Task Orders issued thereto. Any services requested outside the Scope of Work are additional services. The Architect will not perform these additional services without a written Change Order approved by the City. If the Architect performs additional services without a written Change Order, the Architect will not receive any additional compensation.

3.13 Modifications

Any amendment or modification of the terms of this Contract must be in writing and will be effective only after approval of all parties to this Contract.

3.14 Conflict of Interest

The Architect warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Architect, to solicit or secure this Contract, and that it has not paid or agreed to pay any person or persons, other than a bona fide employee working solely for the Architect any fee, commission, percentage, brokerage fee, gifts or any consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City will have the right to annul this Contract without liability or in its discretion to deduct from the Contract price or consideration, or otherwise recover the full amount of any fee, commission, percentage, brokerage fee, gift or contingent fee, together with costs and attorney’s fees.

The City may cancel any Contract or Agreement, without penalty or obligation, if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of the City’s 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 to the Contract with respect to the subject matter of the Contract. The cancellation will be effective when written notice from the City is received by all other parties to the Contract, unless the notice specifies a later time (A.R.S. 38- 511).

The Architect will fully reveal in writing any financial or compensatory agreement which it has with a prospective bidder before the City’s publication of documents for bidding.

3.15 Force Majeure

Neither party will be responsible for delays or failures in performance resulting from acts beyond their control. These acts will include, but not be limited to, acts of God, riots, acts of war, epidemics, governmental regulations imposed after the fact, fire, communication line failures, or power failures.

3.16 Taxes

The fee listed in this Contract includes all taxes applicable to the services authorized. The City will have no obligation to pay additional amounts for taxes of any type.

3.17 Advertising

No advertising or publicity concerning the City using the Architect’s services shall be undertaken without prior written approval of such advertising or publicity by the City of Scottsdale Contract Administrator and by the City Attorney.

3.18 Counterparts

This Contract may be executed in one or more counterparts, and each executed duplicate counterpart will possess the full force and effect of the original.

3.19 Entire Agreement

This Contract contains the entire understanding of the parties and no representations or agreements, oral or written, made before its execution will vary or modify the terms of this Contract.

3.20 Arizona Law

This Contract must be governed and interpreted according to the laws of the State of Arizona.

3.21 Equal Employment Opportunity

During the performance of this Contract, the Architect will follow the Federal government’s guidelines to ensure that employees or applicants applying for employment will not be discriminated against because of race, color, religion, sex or national origin.

No Preferential Treatment or Discrimination:

In accordance with Article II, Section 36 of the Arizona Constitution, the City will not grant preferential treatment to or discriminate against any individual or group on the basis of race, sex, color, ethnicity or national origin.

3.22 Compliance with Federal and State Laws

The Architect accepts the applicability to it of the Americans with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989. In addition, the Architect accepts the applicability to it of A.R.S. §34- 301 and 34-302. The Architect shall include the terms of this provision in all contracts and subcontracts for work performed under this Contract, including supervision and oversight.

Under the provisions of A.R.S. §41-4401, the Architect warrants to the City that the Architect and all its subcontractors will comply with all Federal Immigration laws and regulations that relate to their employees and that the Architect and all its subcontractors now comply with the E-Verify Program under A.R.S. §23-214(A).

A breach of this warranty by the Architect or any of its subcontractors will be considered a material breach of this Contract and may subject the Architect or Subcontractor to penalties up to and including termination of this Contract or any subcontract.

The City retains the legal right to inspect the papers of any employee of the Architect or any subcontractor who works on this Contract to ensure that the Architect or any subcontractor is complying with the warranty given above.

The City may conduct random verification of the employment records of the Architect and any of its subcontractors to ensure compliance with this warranty.

The Architect agrees to indemnify, defend and hold the City harmless for, from and against all losses and liabilities arising from any and all violations of these statutes.

The City will not consider the Architect or any of its subcontractors in material breach of this Contract if the Architect and its subcontractors establish that they have complied with the employment verification provisions prescribed by 8 USCA §1324(a) and (b) of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. §23-214(A). The “E-Verify Program” means the employment verification pilot program as jointly administered by the United States Department of Homeland Security and the Social Security Administration or any of its successor programs.

The provisions of this Article must be included in any contract the Architect enters into with any and all of its subcontractors who provide services under this Contract or any subcontract. “Services” are defined as furnishing labor, time or effort in the State of Arizona by a contractor or subcontractor. Services include construction or maintenance of any structure, building or transportation facility or improvement to real property. The Architect will take appropriate steps to assure that all subcontractors comply with the requirements of the E-Verify Program.

The Architect’s failure to assure compliance by all its’ subcontractors with the E- Verify Program may be considered a material breach of this Contract by the City.

3.23 Compliance with Americans with Disabilities Act

Architect acknowledges that, pursuant to the Americans with Disabilities Act (ADA), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor, must be accessible to the disabled public. Architect will provide the services specified in this Contract in a manner that complies with the ADA and any and all other applicable federal, state and local disability rights legislation. Architect agrees not to discriminate against disabled persons in the provision of services, benefits or activities provided under this Agreement and further agrees that any violation of this prohibition on the part of Architect, its employees, agents or assigns will constitute a material breach of this Contract.

3.24 Israel Boycott/Forced Labor Prohibitions

By executing this contract, Architect certifies that it is not currently engaged in and will not for the duration of this contract engage in boycott activity proscribed by A.R.S. § 35-393 et seq.

Architect warrants and certifies that it does not currently, and agrees for the duration of the contract that it will not, use:

1) The forced labor of ethnic Uyghurs in the People's Republic of China.

2) Any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China.

3) Any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China.

If Architect becomes aware during the term of the Agreement that Architect is not in compliance with this paragraph, Architect shall notify the City within five business days after becoming aware of the noncompliance. Failure of Architect to provide a written certification that Architect has remedied the noncompliance within one hundred eighty (180) days after notifying the public entity of its noncompliance, this Agreement shall terminate unless the Term of this Agreement shall end prior to said one hundred eighty (180) day period.

3.25 Evaluation of Architect’s Performance

The Architect will be evaluated regarding its performance of this Contract. This evaluation may include, but not be limited to, the following consideration for:

• Completeness

• Accuracy

• Utility Coordination

• Technical Expertise

• Organization

• Appearance of Plans (line work, lettering, etc.)

• Working Relationship with City Staff and Others

• Availability

• Communication Skills (meetings, correspondence, etc.)

This evaluation will be prepared by the staff and used to evaluate the desirability to proceed with negotiations for additional services.

3.26 Notices

All notices or demands required by this Contract must be given to the other party in writing, delivered by hand or by registered or certified mail at the addresses stated below, or to any other address the parties may substitute by giving written notice as required by this section.

On behalf of the Architect:

On behalf of the City:

If hand delivered, Notices are deemed received on the date delivered. If delivered by certified or registered mail, Notices are deemed received on the date indicated on the receipt. Notice by facsimile or electronic mail is not adequate notice.

3.27 Independent Contractor

The services the Architect provides to the City are that of an Independent Contractor, not an employee, or agent of the City. The City may report the value paid for these services each year to the Internal Revenue Service (I.R.S.) using Form 1099.

City will not withhold income tax as a deduction from contractual payments unless required under federal or state law. As a result of this, Architect may be subject to I.R.S. provisions for payment of estimated income tax. Architect is responsible for consulting the local I.R.S. office for current information on estimated tax requirements.

3.28 Ineligible Bidder

The preparer of bid specifications is not eligible to submit a bid or proposal on the solicitation for which it prepared the specification, nor is the preparer eligible to supply any product to a bidder or offeror on the solicitation for which it prepared the specification.

3.29 Indemnification

To the fullest extent permitted by law, Architect, its successors, assigns and guarantors, must defend, indemnify and hold harmless City of Scottsdale, its agents, representatives, officers, directors, officials and employees from and against all allegations, demands, proceedings, suits, actions, claims, damages, losses, expenses, including but not limited to, attorney fees, court costs, and the cost of appellate proceedings, and all claim adjusting and handling expense, related to, arising from or out of, or resulting from any act or omission, negligence, recklessness, or intentional wrongful conduct by Architect in the performance of this Contract, including but not limited to, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable and any injury or damages claimed by any of Architect’s and Subcontractor’s employees.

Insurance provisions in this Contract are separate and independent from the indemnity provisions of this section and shall not be construed in any way to limit the scope and magnitude of the indemnity provisions. The indemnity provisions of this section shall not be construed in any way to limit the scope and magnitude and applicability of the insurance provisions.

4.0 INSURANCE

A current Acord Certificate is acceptable.

Failure to provide an appropriate Certificate of Insurance will result in rejection of your certificate and delay in Contract execution.

Additionally Certificates of Insurance submitted without referencing a Contract number may be subject to rejection and returned or discarded.

4.1 Insurance Representations and Requirements

A. General: The Architect agrees to comply with all applicable City ordinances and state and federal laws and regulations.

Without limiting any obligations or liabilities of the Architect, the Architect must purchase and maintain, at its own expense, the required minimum insurance with insurance companies duly licensed or approved to conduct business in the State of Arizona and with an A.M. Best’s rating of B++6 or above with policies and forms satisfactory to City. Failure to maintain insurance as required may result in cancellation of this Contract at the City’s option.

B. No Representation of Coverage Adequacy: By requiring insurance, City does not represent that coverage and limits will be adequate to protect the Architect. The City reserves the right to review any and all of the insurance policies and endorsements cited in this Contract but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements in this Contract or failure to identify any insurance deficiency will not relieve the Architect from, nor may it be considered a waiver of Architect’s obligation to maintain the required insurance at all times during the performance of this Contract.

C. Coverage Term: The Architect must maintain all required insurance in full force and effect until all work or services are satisfactorily performed and accepted by The City of Scottsdale, unless specified otherwise in this Contract.

4.1 Insurance Representations and Requirements – Cont’d

D. Claims Made: In the event any insurance policies required by this Contract are written on a “claims made” basis, coverage shall continue uninterrupted throughout the term of this Contract by keeping coverage in force using the effective date of this Contract as the retroactive date on all “claims made” policies. The retroactive date for exclusion of claims must be on or before the effective date of this Contract and can never be after the effective date of this Contract. Upon completion or termination of this Contract, the “claims made” coverage shall be extended for an additional three (3) years using the original retroactive date, either through purchasing an extended reporting option; or by continued renewal of the original insurance policies. Submission of annual Certificates of Insurance, citing the applicable coverages and provisions specified herein, shall continue for three (3) years past the completion or termination of this Contract.

E. Policy Deductibles and or Self-Insured Retentions:…