1-BPS55A Design 26RFSQ029 final.pdf

16811799v1

MARCH 9, 2026

REQUEST FOR STATEMENT OF QUALIFICATIONS

FOR

ENGINEERING SERVICES

FOR

BOOSTER PUMP STATION 55A DESIGN PROJECT

Solicitation Number: 26RFSQ029

Staff Contact:

Brad Walldorf, P.E.

Principal Project Manager bwalldorf@scottsdaleaz.gov 480-312-7790

STATEMENT OF QUALIFICATIONS IS DUE:

Tuesday, April 7, 2026 by 12:00 P.M. local time

REQUEST FOR STATEMENT OF QUALIFICATIONS

FOR

ENGINEERING SERVICES

SECTION I – PROJECT DESCRIPTION

The City of Scottsdale, Arizona (“City”) is accepting Statements of Qualifications (“SOQ”) from qualified engineering firms/teams capable of providing design services for the Booster Pump Station 55A Project.

The City will award a single contract for engineering consulting services to one firm to assist the city in developing construction plans, specifications, cost estimates, permitting, utility coordination, and other services/contract documents for future construction utilizing the Construction Manager at Risk (CMAR) delivery approach. The contract award will also include a construction phase services option for future construction phase administration and inspection.

This project involves design of new booster pump station 55A with a firm capacity of approximately 46 MGD.

SECTION II - BACKGROUND

The project involves the design of new increased capacity booster pump station to replace the existing BPS 55A. This new station is required to accommodate the large growth in water demand in station 55A pressure zone, Zone 4 (north airpark/crossroads east). Additional adjacent transmission main design and related construction phase services will be required to connect to the separate transmission main project (IIP-017).

SECTION III - ABBREVIATED SCOPE OF WORK

The City will negotiate an engineering services contract with the highest-ranked firm. Final scope of work will be prepared and negotiated prior to the contract award.

This abbreviated scope of work should not be construed as being final and comprehensive.

• Review and evaluate all existing data, including plans, drainage reports, utility maps, aerial photos, as-built drawings and City standards relevant to the project.

• Perform all necessary field survey work to prepare preliminary plans.

• Prepare project assessment, engineering plans, specifications, and cost estimates for the project.

• Coordinate plan development and final plans with utility companies and municipal providers in accordance with the Arizona Utility Coordinating Committee (AUCC) Public Improvement Project Guide (PIPG).

• The pump station will be controlled remotely through Supervisory Control and Data Acquisition (SCADA) system.

• Provide detailed Basis for Design Report to include all aspects of the project design, including a conceptual design, phasing, cost estimate, equipment cut sheets, surge analysis, noise analysis, P&ID (single line), and electrical. Report and design shall include any temporary services, bypasses, etc. to construct and remove/demolish existing booster station and/or other associated assets.

• Develop an approved demolition plan for existing BPS and any other associated material and equipment.

• Coordinate review and approval of final plans with the appropriate City of Scottsdale Departments and the One Stop Shop.

• Review of CMAR Subcontractor Selection plan, Cost Estimates and final GMP (Guaranteed Maximum Price) submittal.

• Prepare contract documents, special provisions, engineers estimate, assist with the preparation of bid documents and assist in bidding of the project and/or coordination with the CMAR contractor. Utilize local design standards (MAG and Scottsdale Supplements, Scottsdale Design Standard and Policy Manual, adopted building codes and ordinances, EPA, Hydraulic Institute, etc..).

• Attend all meetings related to the sewer project as required by City staff, including but not limited to bi-weekly design meetings, construction meetings and public meetings,.

Prepare presentation materials as needed for these meetings.

• Develop MOPOs and any associated design, procedures, or temporary services necessary to facilitate construction activities.

• Obtain all applicable permits.

• Optional construction phase services for this project are also included via change order or separate contract.

SECTION IV – DELIVERABLES

These abbreviated deliverables should not be construed as being final and comprehensive.

The deliverables will be based on the negotiated engineering service contract with the highest-ranked firm.

The final deliverable will be an approved set of bid ready construction documents in accordance with the City of Scottsdale’s Design, Standards and Policy Manual and federal requirements.

SECTION V - SELECTION CRITERIA

Submittals are evaluated based on the following selection criteria with the relative weight of the selection criteria as follows:

A. Firm’s Capabilities Max. 250 Points B. Understanding and Approach Max. 250 Points C. Experience of Personnel Max. 250 Points D. Local Knowledge/Workload/Location Max. 150 Points E. Overall Evaluation Max. 100 Points

A. Firm’s Capabilities

Identify at least three (3) public sector client completed projects best demonstrating the firm’s range of capability in the sewer services outlined in Section III above. Special consideration will be given to firms that have provided services on similar successful public owner/client projects and with public sector on-call contracts. For each project provide the following:

a) Title and brief description of public sector project including major analysis and design tasks.

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

c) How your 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. Explain any differences.

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

f) Portion of project completed by your firm including analysis, design, and post-design phase tasks.

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

h) Project’s original estimated construction cost, engineer’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.

j) Highlight any construction phase or other post-design project services provided.

B. Project Understanding and Approach to Providing 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. Please note ideas to streamline full design in 6 months.

b) Demonstrate your understanding of public sector booster station 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 public sector project’s design phase.

d) Demonstrate your firm’s familiarity and experience 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.

C. Experience of Personnel

a) Identify your firm’s key project staff that will be spending most of the time on this project. For each key person identified, list the primary role played on public sector client projects similar in scope of services as identified in Section II above. Include percent of total key staff workload attributable to public sector client vs. private sector client projects in last 12 months.

b) Discuss the proposed project manager’s public sector client experience and familiarity with Scottsdale processes and requirements, and availability to serve as Project Manager for the project duration.

c) Discuss the proposed team’s experience working together in general and specifically the City of Scottsdale and with public sector projects, if any.

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

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

D. Local Knowledge, Current/Recent Workload with City of Scottsdale and Principal Office Location

Identify your firm’s familiarity with the project elements and the project area. Identify your firm’s familiarity with both the City of Scottsdale’s procedures and issues to successfully design this public sector project. Current/recent workload with the City of Scottsdale. List all projects awarded to your firm including total dollar value of on-call services projects during the last two years, all projects currently ongoing, and/or all projects for which your firm has been selected but are not yet under contract for the City of Scottsdale. For each project, provide the project description, award date, City’s project manager, construction cost estimate, and percent of work currently completed. Identify the location of the firm’s principal office and the home office location of key staff on this project. Identify local (i.e.

presently living in or relocating to the Valley) vs. non-local staffing of your team and the percentage of each person’s work expected to be performed locally. Identify where design activities will be performed.

E. Overall Evaluation

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

SECTION VI - SELECTION PROCESS

A selection committee will evaluate and score each SOQ according to the selection criteria set forth above to determine a shortlist of three (3) firms for the interview phase of the selection process. Firms on the shortlist may be invited to participate in detailed interviews; however, the City reserves the right to select a firm based on the evaluation of the SOQ submittals alone according to the criteria set forth above and not proceed to interviews. If no interviews are held, the shortlist shall be considered the final list.

If the selection committee determines that interviews are warranted, an interview invitation letter will be sent to the shortlisted firms providing the selection criteria and relative weight of the selection criteria to be used to select three (3) firms for the final list and to determine their order on the final list. These selection criteria and relative weight may be different than the selection criteria and relative weight used to determine the firms to be interviewed. If the city elects to hold interviews, the selection process shall be based on the combined results of both the interview process and the evaluation of the SOQ submittals.

The city and the selection committee shall not request or consider fees, price, man-hours or any other cost information at any point in the selection process, including the selection of firms to be interviewed, the selection of firms to be on the final list, in determining the order of preference of firms on the final list or for any other purpose in the selection process. In determining the firms to participate in any interviews and in determining the firms to be on the final list and their order on the final list, the selection committee shall use and shall consider only the criteria and weighting of criteria specified by the city for that purpose. No other factors or criteria may be used in the evaluation, determinations and other actions.

At the end of the selection process, the selection criteria will be evaluated to determine the highest qualified firm for this request. The city shall enter into negotiations with the highest qualified person or firm on the final list. If the city is unsuccessful in negotiating a contract with the highest qualified firm, the city may then negotiate with the next most qualified firm on the final list in sequence until a contract is executed or the city terminates the selection process.

The following tentative schedule has been prepared for this selection (all times are local):

Questions due 12:00 PM Tuesday, March 23, 2026 SOQs due 12:00 PM Tuesday, April 7, 2026 Anticipated Interviews Week of April 20, 2026 Anticipated Council Award June 2026

SECTION VII -CONTRACTS AND FEES

The selected firm will negotiate with the city regarding the contract, scope of work and fees. The negotiations shall include consideration of compensation and other contract terms that the city determines to be fair and reasonable. The City shall take into account the estimated value, the scope, the complexity and the nature of the services to be rendered in making this decision.

SECTION VIII - INDEMNIFICATION & INSURANCE REQUIREMENTS

The City of Scottsdale requires the selected Contractor to execute a City of Scottsdale Engineering Services Contract. The basic format of the City contract is attached to this RFQ.

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

For firms submitting proposals, the City requires a statement within the submittal that the firm has read and understood all the elements laid out in the Engineering Services Contract. This Sample Engineering Services Contract was recently amended.

Questions regarding insurance and indemnification shall be addressed prior to submittal question deadline, 12:00 PM on Tuesday March 23, 2026, by e-mail, to the e-mail address listed at the end of this document.

SECTION IX - SUBMITTAL REQUIREMENTS

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 total RFQ page count.

• An SOQ Appendix with professional staff resume’s or Curriculum Vitae’s is required but will not count towards the SOQ total page count.

• The company's responses to the SOQ criteria in Section V – Statement of Qualifications in order A-E and titled as listed using a MAXIMUM of 1 0 pages.

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 ten 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.

• A statement in the proposal that the firm has read and understood all the elements laid out in the Engineering 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).

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

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

• Adherence to number of pages, page size, and font requirements.

• Adherence to electronic file size requirements.

• Inclusion of the required contract statement.

• Addenda Acknowledgement (if applicable)

• Affidavit of Non-Collusion (Exhibit B).

SECTION XI - SUBMITTAL TIME AND PLACE

Submittals must be received no later than 12:00 p.m., local time, April 7, 2026. The city reserves the right to cancel or modify this Request for Statements of 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: 26RFSQ029 Booster Pump Station 55A Design Project & Your Company Name. Please upload your submission as a single adobe file. An email confirming your submission will serve as a receipt.

SECTION XII - GENERAL INFORMATION

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

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

Any changes to this Request for Statements of Qualifications will be in the form of an addendum, which will be furnished to all registered Request for Statements of 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 Request for Qualifications received, and to be the sole judge of the merits of the respective Statements of Qualifications received.

Release of Project Information: The City of Scottsdale 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.

https://scottsdaleaz.bonfirehub.com/portal/?tab=openOpportunities https://eservices.scottsdaleaz.gov/solicitations

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)

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 that statement. Types of acceptable documentation copies are an Arizona Driver’s 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://eservices.scottsdaleaz.gov/Solicitations/Solicitation.

Civil Rights: The City of Scottsdale, in accordance with the provisions of Title VI of the Civil Rights 1964 (78 Stat. 252.42 U.S.C. §§ 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

SECTION XIII – QUESTIONS

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

Mya Trivison, Project Coordinator E-mail: mtrivison@scottsdaleaz.gov City of Scottsdale Transportation & Infrastructure

Questions must be received in writing by 12:00 p.m., local time, Tuesday, March 24, 2026.

Responses to questions will be posted to the City’s website, at the address above, by close of business, Friday, March 27, 2026, by addendum.

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

https://eservices.scottsdaleaz.gov/Solicitations/Solicitation

Attachments:

Exhibit A - Acknowledgement of Addendum Exhibit B – Affidavit of Non-Collusion Exhibit C - Sample Engineering Services Contract Exhibit D – Subcontractor Selection Plan Exhibit E - Preliminary Design

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:

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

MTrivison Text Box

BOOSTER PUMP STATION 55A DESIGN PROJECT

Contract No. 20XX-XXX-COS

(Revised 1.22.2026)

CITY OF SCOTTSDALE

ENGINEERING SERVICES CONTRACT

PROJECT NO. __ / SOLICITATION NO.

CONTRACT NO. 20XX-XXX-COS

THIS CONTRACT, (the “Contract”) is entered into this ______ day of ______________, 20__, between the City of Scottsdale, an Arizona municipal corporation (the “City”), and ________________________________, ______________________ (the "Engineer”).

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 Engineering services with Engineer for one or more individual task orders and Engineer has represented to the City the ability to provide or procure the required services.

C. Engineer is qualified to render the services required by the City, therefore, the City desires to engage Engineer for these services.

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

1.0 DESCRIPTION, ACCEPTANCE, DOCUMENTATION

1.1 Scope of Services

Engineer 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.

Engineer must obtain all necessary information to complete the tasks specified in Exhibit A, Scope of Work, for the applicable Task Order.

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 Engineer for timely completion of the tasks specified in Section 1.1 above.

MTrivison Stamp

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

2.0 FEES AND PAYMENTS

2.1 Fee Schedule

The fee for individual tasks performed under this contract will be negotiated on a project-by-project basis as Task Orders. The amount paid to Engineer under this Contract for all Task Orders shall not exceed $_________ for the initial two-year contract term and $___________ for any successive one-year contract renewal.

Engineer shall be paid at the rates shown in Exhibit A. Task Orders shall be negotiated using the rates in effect at the time of this Contract and billed on a time and materials basis. No lump sum fee proposals will be allowed.

2.2 Payment Approval

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

Administrator. Engineer 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 Engineer on the basis of a progress report submitted by Engineer for tasks 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

Engineer’s acceptance. However, not more than 90% of the total Task Order price will be paid before City's final acceptance of a completed Task Order.

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

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

2.3 Payment Terms

The City of Scottsdale’s payment terms for Engineering work under State of Arizona A.R.S. Title 34 requirements is fourteen (14) days after invoice submittal by Engineer 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.

2.4 Price Adjustment

Increases in the hourly rates shown in Exhibit A may only be requested by Engineer thirty (30) days before the annual anniversary date of the Contract.

Failure to do so may result in the denial of any increase requested.

Price increases will become effective only after approval by the Contract Administrator and the Purchasing Director and will be effective for at least one (1) year from the date of approval.

Approved price increases will be applied to the unit pricing in the Contract as a percentage increase.

The increased rate will be based upon mutual consent of Engineer and the Contract Administrator; however, the Contract Administrator will evaluate Engineer’s performance, services and records documentation to determine the appropriateness of the increase requested.

The percentage increase in unit pricing may not exceed 5%.

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 Engineer in accessing the organization, audit billings, and approve payments. Engineer must submit all reports and special requests through the Contract Administrator. The Contract Administrator has the authority to authorize Change Orders that are in accordance with the City’s Procurement Code, as amended.

3.2 Term of Contract

The initial term of this Contract shall be for a period of ______ years and will commence on or about the _____ day of _______, 20__ (the “Effective Date”), with the option to extend for _______ additional years in one (1) year increments.

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

B. 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 Contract Administrator and Purchasing Director and need not return to the City’s Council for approval.

C. 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 Task Order that has not been performed by Engineer.

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, Engineer 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, Engineer will receive a fee for the percentage of tasks actually completed. This fee will be in the amount mutually agreed upon by Engineer and the City, based on the Task Order and Scope of Work.

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

Cancellation for Cause: The City may also cancel this Contract or any part of it with seven (7) days notice for cause if Engineer defaults, or if Engineer 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 Engineer for any amount, and Engineer will be liable to the City for all damages sustained by the default which caused the cancellation.

If Engineer 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 Engineer.

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

Upon cancellation, Engineer 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.

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

If Engineer fails to fulfill in a timely and proper manner its obligations, or if Engineer violates any of the terms of this Contract, the City may withhold any payments to Engineer for the purpose of setoff until the exact amount of damages due the City from Engineer 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 Engineer at least thirty (30) days before the end of its current fiscal period and will pay to Engineer all approved charges incurred through the end of that period.

3.5 Audit

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

Engineer’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 Engineer or any of his payees. The City's authorized representative must be afforded access, at reasonable times and places, to all of Engineer’s records and personnel throughout the term of this Contract and for a period of three (3) years after the final payment.

Engineer must require all Subcontractors and material suppliers (collectively referred to as “Payees”) to comply with the provisions of this Section by insertion of these requirements in a written Contract between Engineer and Payee. These requirements will apply to all Payees.

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

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 Engineer.

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 Engineer from any liability for the preparation of final construction plans by others.

3.7 Completeness and Accuracy

Engineer 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 Engineer and will correct, at its expense, all errors or omissions which may be disclosed. The cost to correct those errors will be chargeable to Engineer. Additional construction added to the project will not be the responsibility of Engineer unless the need for additional construction was created by any error, omission, or negligent act of Engineer. The City’s acceptance of Engineer’s work will not relieve Engineer of any of its responsibilities.

3.8 Attorney’s Fees

In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Contract, or on account of any breach of default, the prevailing party will be entitled to receive from the other party reasonable attorney’s fees and reasonable costs and expenses, determined by the court sitting without a jury, which will be considered to have accrued on the commencement of the action and will be enforceable whether or not the action is prosecuted to judgment.

3.9 Successors and Assigns

This Contract will extend to and be binding upon Engineer, its successors and assigns, including any individual, company, partnership, or other entity with or into which Engineer will merge, consolidate, or be liquidated, or any person, corporation, partnership, or other entity to which Engineer will sell its assets.

Except that 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.

3.10 Subcontractors

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

Engineer will pay its Subcontractors within seven (7) calendar days of receipt of each progress payment from the City. Engineer will pay for the amount of 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. Engineer will pay Subcontractors the reduced retention within fourteen (14) calendar days of the payment of the reduction of the retention to Engineer. No Contract between Engineer and its Subcontractors may materially alter the rights of any Subcontractor to receive prompt payment and retention reduction as provided in this Contract.

If Engineer 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 Engineer 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 by Engineer for a period not to exceed one (1) year from the completion date of the Task Order at issue; or

D. Terminate this Contract for cause.

3.11 Alterations or Additions to Scope of Services

The total Scope of Work 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. Engineer will not perform these additional services without a written Change Order approved by the City. If Engineer performs additional services without a written Change Order, Engineer will not receive any additional compensation.

3.12 Modifications

Any amendment or modification of the terms of this Contract must be in writing and consistent with the City of Scottsdale Procurement Code, as amended.

3.13 Conflict of Interest

Engineer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, 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 Engineer 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.

Pursuant to A.R.S. § 38-511, as amended, 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 contractor to any other party to the contract with respect to the contract’s subject matter. The cancellation will be effective when all other parties to the contract receive the City’s written notice unless the notice specifies a later time.

Engineer 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.

3.14 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.

3.15 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.

3.16 Advertising

No advertising or publicity concerning the City’s use of Engineer’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.

3.17 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.

3.18 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.

3.19 Governing Law and Venue

This Contract will be considered to be made under and will be construed in accordance with and governed by the laws of the State of Arizona. Any action to enforce any provision of this Contract or to obtain any remedy with respect to this Contract shall be brought in the Superior Court of Maricopa County, Arizona, and for this purpose, each party expressly and irrevocably consents to the jurisdiction and venue of that Court and waives the right to have such action removed to Federal District Court.

3.20 Equal Employment Opportunity

For the duration of this Contract, Engineer represents and warrants it will comply with all applicable local, state and federal laws governing equal employment opportunities, or prohibiting employment or other discrimination based on any protected characteristic including but not limited to actual or perceived race, color, religion, sex, age, disability, national origin, sexual orientation, gender identity, or U.S. military status. City of Scottsdale Revised Code, Chapter 15 mandates contractor compliance with the policies contained therein. Engineer agrees that any violation of provision on the part of Engineer, its employees, agents or assigns will constitute a material breach of this Contract.

Engineer will include the terms of this provision in all contracts and subcontracts for work performed under this Contract, including supervision and oversight.

Engineer will, in all solicitations or advertisements for employees placed by or on behalf of the Engineer, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

3.21 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. To avoid the appearance of impropriety, Engineer shall not make any donation to the City, of any goods or services during the term of this Contract, unless it has specifically been approved by the City Manager or designee.

3.22 Compliance with Federal and State Laws

Engineer understands and acknowledges the applicability to it of the American with Disabilities Act, the Immigration Reform and Control Act of 1986, the Drug Free Workplace Act of 1989, Fair Labor Standards Act, Age Discrimination in Employment Act, Family and Medical Leave Act, National Labor Relations Act, Occupational Safety and Health Act, and other local, state or federal law governing Engineer’s labor and employment practices. Engineer agrees to comply with these laws in performing this Contract and to permit the City to verify compliance. Engineer further agrees that any violation of provision on the part of Engineer, its employees, agents or assigns will constitute a material breach of this Contract.

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

A breach of this warranty by Engineer or any of its Subcontractors will be considered a material breach of this Contract and may subject Engineer 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 Engineer or any Subcontractor who works on this Contract to ensure that Engineer or any Subcontractor is complying with the warranty given above.

The City may conduct random verification of the employment records of Engineer and any of its Subcontractors to ensure compliance with this warranty. Engineer 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 Engineer or any of its Subcontractors in material breach of this Contract if Engineer 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), as amended. 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 Section must be included in any contract Engineer 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. Engineer will take appropriate steps to assure that all Subcontractors comply with the requirements of the E-Verify Program.

Engineer’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

Engineer 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. Engineer 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. Engineer agrees not to discriminate against disabled persons in the provision of services, benefits or activities provided under this Contract and further agrees that any violation of this prohibition on the part of Engineer, its employees, agents or assigns will constitute a material breach of this Contract.

3.24 Israel Boycott/Forced Labor Prohibitions

By executing this Contract, Engineer 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, as amended.

Pursuant to A.R.S. § 35-394, as amended, Engineer warrants and certifies that it does not currently, and agrees for the duration of this 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 Engineer becomes aware during the term of this Contract that Engineer is not in compliance with this Section, Engineer shall notify the City within five (5) business days after becoming aware of the noncompliance. The failure of Engineer to provide a written certification that Engineer has remedied the noncompliance within one hundred eighty (180) days after notifying the City of its noncompliance will result in automatic termination of this Contract, unless an earlier contract termination, cancellation, or expiration date applies.

3.25 Evaluation of Engineer’s Performance

Engineer will be evaluated regarding its performance of…