RFQ 1089-27-CG On-Call Airport Engineering and Construction Mgmt - Final 1.pdf

Public Works Department

REQUEST FOR STATEMENTS OF QUALIFICATIONS AND

EXPERIENCE FOR ON-CALL AIRPORT ENGINEERING AND

CONSTRUCTION MANAGEMENT SERVICES FOR THE CASA GRANDE

MUNICIPAL AIRPORT

RFQ 1089-27-CG

I. INVITATION

The City of Casa Grande (referred to herein as “Sponsor”), as owner of the Casa Grande Municipal Airport, is requesting statements of qualifications and experience from consulting firms (“Proposers”) qualified and experienced in the field of airport engineering. All work will be required to meet Federal Aviation Administration (FAA) Standards and Arizona Department of Transportation Multimodal Planning Division Aeronautics Group (ADOT) Standards.

The Sponsor plans to award five-year contract(s) for engineering services subject to annual review for any and all design or construction projects subject to federal assistance under the Airport and Airway Improvement Act of 1982 as amended, or other sources of funding.

A. Contemplated projects under this contract may include any of the following projects.

1. Pavement Rehabilitation of Runway 05/23 and Connector Taxiways

2. Pavement Rehabilitation of T-Hangar Taxiways

3. Aviation Easement Acquisition – Runway Protection Zone

4. Contract Tower Program

5. Obstruction Removal

6. Reroute Drainage under Runway 05/23

7. Land Purchase – Wash Relocation and Airport Development

8. Design and Construct Helicopter Apron Parking Relocation

9. Design and Construct Relocation of Connector Taxiway D

10. Design and Construct Bypass Taxiways A & F

11. Design and Construct Aircraft Wash Rack

12. Design and Construct Northeast Apron

13. Design and Construct Southwest Apron

14. Design and Construct Aviation Fuel Farm

The above-contemplated projects are dependent upon federal AIP funding and approval of the Sponsor, so it shall be understood that some of the services related to the above-listed projects may be deleted.

II. BACKGROUND

Casa Grande Municipal Airport is a general aviation airport located in the northwest quarter of the City of Casa Grande, AZ. The City of Casa Grande is seeking to implement improvements to accommodate existing and future aviation demand.

III. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION to ENSURE

EQUAL EMPLOYMENT OPPORTUNITY

1. The Offeror’s or Bidder’s attention is called to the “Equal Opportunity

Clause” and the “Standard Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein.

2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Timetables

Goals for minority participation for each trade: 19.6%

Goals for female participation in each trade: 6.9%

These goals are applicable to all of the Contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non-federally involved construction.

The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract;

estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.

4. As used in this notice and in the contract resulting from this solicitation, the “covered area” is Arizona, Pinal County, and City of Casa Grande.

IV. BUY AMERICAN PREFERENCE

The Contractor agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP funded projects are produced in the United States, unless the Federal Aviation Administration has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list.

V. TITLE VI SOLICITATION NOTICE

The City of Casa Grande, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that 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.

VI. ADDITIONAL PROVISIONS BY REFERENCE OF THIS SOLICITATION

The contract issued to the successful consultant is subject to the provisions of:

1. 49 USC § 50101 (Buy American Preference)

2. Department of Transportation 1050.2A (Standard DOT Title VI

Assurances), and Assurance 30d of the Airport Sponsor Assurances

3. 29 CFR Part 5 (Davis-Bacon Requirements)

4. 2 CFR Part 180 (Debarment and Suspension)

5. 49 CFR Part 26 (Disadvantaged Business Participation)

6. 49 CFR part 30 (Trade Restriction Certification)

7. Appendix A to 49 CFR Part 20 (Certification Regarding Lobbying)

8. 40 CFR part 247 Subpart B (Procurement of Recovered Materials)

VII. REQUESTS FOR CLARIFICATION

Any requests for clarification of additional information deemed necessary by any respondent to present a proposal shall be submitted via e-mail, referencing this request, to:

Mr. Bryan Gieszler Public Works Airport Manager (Bryan_Gieszler@casagrandeaz.gov)

Written requests must be received ten (10) days prior to the submittal deadline. Any requests received after this deadline will not be considered.

VIII. SCOPE OF WORK

Basic engineering services are utilized in four distinct and sequential phases.

Proposers are required to set out their qualifications and to propose on the following scope of work.

A. Preliminary Phase: This phase involves those activities required for defining the scope of a project and establishing preliminary requirements including, but not limited to, the following:

1. Conferring with the Sponsor on project requirements, programming, finances, schedules, early phases of the project, and other pertinent matters and meeting with FAA and other concerned agencies and parties on matters affecting the project

2. Assisting the Sponsor in the preparation of necessary pre-applications, applications, and required documents for federal grants, including Disadvantaged Business Enterprise (DBE) plan and goals, and exhibits.

3. Planning, procuring, and/or preparing necessary surveys, field investigations and architectural and engineering studies required for preliminary design considerations.

4. Developing design schematics, sketches, environmental and aesthetic considerations, project recommendations, and preliminary layouts and costs.

B. Design Phase: This phase includes all activities required to undertake and accomplish a full and complete project design including, but not limited to, the following:

1. Meetings and design conferences to obtain information and to coordinate or resolve design matters.

2. Collecting engineering data and undertaking field investigations, surveys, engineering, and engineering and environmental studies.

3. Preparing necessary engineering reports and recommendations.

4. Preparing detailed plans, specifications, and cost estimates.

mailto:Bryan_Gieszler@casagrandeaz.gov

5. Conducting a detailed value engineering analysis, if applicable and requested.

C. Bidding or Negotiation Phase: This phase, at a minimum, involves providing plans, specifications, and all bid documents. The phase also includes assisting the Sponsor in advertising and securing bids, negotiating for services, analyzing bid results, furnishing recommendations on the award of contracts, and preparing contract documents.

D. Construction Phase: This phase includes all basic services rendered after the award of a construction contract including, but not limited to, the following:

1. Providing consultation and advice to the Sponsor during all phases of construction.

2. Representing the Sponsor at pre-construction conferences.

3. Providing on-site construction inspection and management involving the services of a full-time resident engineer, inspector, or manager during the construction or installation phase of a project and providing appropriate reports to the Sponsor.

4. Reviewing and approving shop and erection drawings submitted by contractors for compliance with design concept.

5. Reviewing, analyzing, and approving laboratory and mill test reports of materials and equipment.

6. Preparing and negotiating change orders and supplemental agreements.

7. Observing or reviewing performance tests required by specifications.

8. Determining payment amounts to contractors, and assisting Sponsor in the preparation of payment requests for amounts reimbursable from grant projects.

9. Conducting wage rate reviews of certified payrolls in coordination with

City of Casa Grande Human Resources Department.

10. Making final inspection and submitting a report of the completed project to the Sponsor, including “as-built” drawings.

E. Proposers may be required to provide other technical services, or subcontract with third party individuals or companies for such services.

Technical services include, but are not limited to, the following:

1. Soils investigation, including core sampling, laboratory tests, related analyses and reports.

2. Detailed mill, shop, and/or laboratory inspections of materials and equipment.

3. Land surveys and topographic maps.

4. Field and/or construction surveys.

5. Miscellaneous plans, studies, and assessment reports including environmental, noise, etc.

6. Assisting the Sponsor in preparing equipment (i.e. snow removal, Airport Rescue and Fire Fighting, etc.)

specifications for procurement purposes.

IX. SELECTION PROCESS

The selection process will be in strict accordance with Federal Aviation Advisory Circular 150/5100-14E, Architectural, Engineering Consultant Services for Airport Grant Projects and as well as ARS 34 Chapters 1, 2 & 6.

Fees will be negotiated for projects on a task order basis as grants are obtained.

Cost or fee information is not to be submitted with this proposal.

X. CONTENTS OF STATEMENT OF QUALIFICATIONS

A. Proposers interested in the provision of engineering services to accomplish the proposed projects should limit their Statements of Qualifications to 20 pages, exclusive of cover letters or letters of transmittal containing introductory language only. The Statement of Qualifications should include:

1. A cover letter.

2. A narrative statement detailing the Proposer’s understanding of the requirements of the Sponsor and the capability to perform all or most aspects of the engineering projects and tasks contemplated.

3. A general description of the Proposer’s firm, including company organizational structure, size of company, recent experience in comparable airport/aviation projects, and experience with projects funded by Federal Aviation Administration AIP grants.

4. Identification of those key individuals who will be involved in the contemplated projects and their qualifications, backgrounds, experience, and specific responsibilities.

5. A representative list of previous clients and representative projects comparable to the proposed design and construction projects listed above (including contact person, airport, brief project description(s), and phone numbers.

6. Demonstrated capability to meet schedules/deadlines, without delays, cost escalations or overruns, and claims.

B. The Sponsor invites firms to submit Statements of Qualifications to perform the above-described services. Interested firms must submit one (1) Original and five (5) hard copies of the SOQ no later than:

2:00 PM on Tuesday December 1, 2026

C. Submittals must be received at:

Office of the City Clerk City of Casa Grande 510 East Florence Boulevard Casa Grande, Arizona 85122

D. All proposals must be submitted in a sealed envelope and clearly marked on the outside:

STATEMENT OF QUALIFICATIONS

REQUEST FOR STATEMENTS OF QUALIFICATIONS AND EXPERIENCE

FOR ON-CALL AIRPORT ENGINEERING AND CONSTRUCTION

MANAGEMENT SERVICES FOR THE CASA GRANDE MUNICIPAL

AIRPORT

RFQ 1089-27-CG

E. Proposals must contain the name, address, and daytime telephone number and email address for contact persons to whom additional selection process requests should be communicated.

F. Following the selection process, the proposal for the selected Proposer shall be made available for public review, except for any items that Proposer has requested, in writing, to remain confidential under applicable law.

XI. SELECTION CRITERIA

A. Selection criteria contained in FAA Advisory Circular 150/5100-14E Chapter 2 and ARS 34, Chapters 1, 2 & 6, will be applied in the following order of importance:

1. Recent experience in airport engineering and development projects similar to those anticipated for the Casa Grande Airport.

30 Points

2. Knowledge of FAA and ADOT regulations, policies and 30 Points procedures, including grant administration.

3. Familiarity with the Casa Grande Airport, the Casa Grande area, local construction conditions and the potential projects at the airport.

4. Recent experience at airports in Arizona similar to the Casa Grande Airport.

30 Points

30 Points

5. Capability to meet schedules or deadlines and to manage 20 points budgets.

6. Understanding of future project’s potential challenges and 10 clarifying the Sponsor’s special concerns.

TOTAL 150 Points

B. A short list may be developed from submittals received. Consultants on the short list may be asked to attend an interview prior to final selection being made.

A schedule of fees will be negotiated with the selected consultant for the services to be performed under the initial FAA and ADOT/MPD – Aeronautics Group grants. Subsequent fees will be negotiated on a task order basis as additional grants are obtained.

C. The consulting firm most qualified to perform engineering services for the contemplated projects will be selected and consulting fees for each project will be negotiated in accordance with FAA regulation.

APPENDIX “A”

SAMPLE CONTRACT

CONTRACT FOR PROFESSIONAL SERVICES

THIS CONTRACT is entered into this the day of , 202 , by and between (hereinafter known as “Contractor”), a authorized to do business in the state of Arizona, whose address is , and the City of Casa Grande (hereinafter known as

“City”), an Arizona municipal corporation, whose address is 510 East Florence Boulevard, Casa

Grande, Arizona 85122.

The City engages the Contractor to perform services for a project known and described as

1. Scope of Contractor's Services.

The contractor agrees to provide services to the City for the performance of , consistent with the Scope of Work and in the timeframe identified as Exhibit "A" and incorporated herein by reference. No material, labor, or facilities will be furnished by the City, unless otherwise provided for in the Agreement.

2. Accounting and Payment for Contractor Services.

Payment to the Contractor for services rendered under this Agreement shall be a sum total of $ , as set forth in Exhibit "B". Where Exhibit "B" requires payments by City on a monthly basis for the percentage of the work completed, payment shall be based upon billings supported, unless otherwise provided in Exhibit "B", by itemized documentation of units of work actually performed and amounts earned (including where appropriate, the actual number of days worked each month and total number of hours for the month), equipment or materials supplied or used, and the total dollar payment requested. Unless specifically stated in Exhibit "B" or approved in writing in advance by the City, the City will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract that are not part of the agreed upon reimbursable expenses. Where required, the City shall, upon receipt of appropriate documentation, compensate the Contractor no more often than monthly through the City voucher system for the

Contractor's service pursuant to the fee schedule set forth in Exhibit "B".

3. Assignment and Subcontracting.

No portion of this contract may be assigned or subcontracted to any other individual, firm, or entity without the express and prior written approval of the Contracting Officer. It will be the responsibility of the Contractor to ensure that any and all subcontractors comply with the terms and conditions of this agreement and that City of Casa Grande is named as express third-party beneficiary of such subcontracts with full rights as such.

4. Independent Contractor.

The Contractor's services shall be furnished by the Contractor as an independent Contractor and nothing contained herein shall be construed to create a relationship of employer-employee or master-servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent Contractor.

5. No Guarantee of Employment.

The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the

Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the City at the present time or in the future.

6. Taxes.

The Contractor understands and acknowledges that the City will not withhold federal or state income taxes. Where required by state or federal law, the Contractor authorizes the City to make withholding for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the

Contractor to make the necessary estimated tax payments throughout the year, if any, and the

Contractor is solely liable for any tax obligation arising from the Contractor's performance of this

Agreement. The Contractor hereby agrees to indemnify the City against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this

Agreement.

The City will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes including, but not limited to, Business or

Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the City does not hold title.

7. Regulations and Requirement.

This Agreement shall be subject to all laws, rules and regulations of the United States of

America, the State of Arizona, and the City of Casa Grande.

8. Right to Review.

This contract may be subject to review by any federal or state auditor. The City or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the City. Such review may occur with or without notice, and may include, but is not limited to, onsite inspection by City Agents or employees, inspection of all records or other materials which the City deems pertinent to the

Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for five (5) years after contract termination in accordance with A.R.S. §35-214 and shall make them available for such review within the City of Casa Grande, State of Arizona, upon request.

9. Modifications.

Either party may request changes in the Agreement. Any and all agreed modifications shall be in writing, signed by each of the parties.

10. Termination for Default.

If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the City may, by depositing written notice to the

Contractor in the U.S. mail, postage prepaid, terminate the contract, and at the City's option, obtain performance of the work elsewhere. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the City by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the notice of termination has been issued pursuant to the Termination for Public

Convenience paragraph hereof.

11. Termination for Public Convenience.

The City may terminate the contract in whole or in part whenever the City determines, in its sole discretion, that such termination is in the best interests of the City. Whenever the contract is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provisions for loss of anticipated profit on deleted or uncompleted work. Termination of this contract by the City at any time during the term, whether for default or convenience, shall not constitute a breach of contract by the City.

12. Equal Opportunity.

This Agreement, and the parties thereto, shall comply with the provisions of Arizona

Executive Order 75-5 as amended by Arizona Executive Order 99-4 as they relate to equal opportunity.

13. Venue and Choice of Law.

In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Arizona in and for the County of Pinal. This Agreement shall be governed by the laws of the State of Arizona.

14. Insurance.

14.1 Contractor Liability Insurance. Upon signing of the Agreement and so long as it shall remain in effect, contractor, at its cost and expense, shall purchase and maintain the insurance described in this subsection 14. The insurance shall be purchased and maintained in companies duly licensed or otherwise approved by the State of Arizona, with forms acceptable to the City of

Casa Grande, and shall be primary with no right of contribution. The contractor’s insurer shall have a minimum A.M. Best’s rating of A-VIII. Use of alternative insurers requires prior approval for the City of Casa Grande.

The insurance coverages to be purchased and maintained are:

14.1.1 Workers' Compensation. Contractor shall provide workers' compensation insurance as required by state and federal laws having jurisdiction over

Contractor’s employees engaged in the performance of the Services within this Agreement.

14.1.2 General Liability. Contractor shall maintain a Commercial General

Liability (Occurrence) policy that includes coverage for premises and operations, products and completed operations, contractual liability, broad form property damage, and personal injury liability. The policy shall have limits of no less than:

· $1,000,000 for each occurrence of bodily injury and property damage; and

· $1,000,000 for personal injury;

14.1.3 Automobile Liability. Contractor shall maintain an Automobile Liability policy with a combined single limit for bodily injury and property damage of not less than

$1,000,000 for each accident. The policy shall cover all owned, hired, and non-owned automobiles used in connection with the Agreement for the performance of Contractor’s services.

14.1.4 Property Insurance. A policy or policies of fire and extended coverage property damage insurance covering the full insurable value of all tools and equipment used by contractor from time to time on the lands of City of Casa Grande pursuant to the

Agreement, including mobile equipment. Contractor shall also require its agents, contractors, licensees and others performing the obligations, or exercising the rights, of

Contractor under the Agreement to carry such property damage insurance. Such policy or policies shall cover the full insurable value of such tools and equipment.

14.1.5 Adjustment of Liability Limits. If the initial term of the Agreement shall exceed ten years or if the aggregate term of the Agreement, including any extension or renewal terms agreed to by the parties or provided for in the Agreement shall exceed ten years, on each tenth anniversary of the date of the Agreement, the liability limits provided for in sections 14.1.2 and 14.1.3 shall be increased by an amount proportional to the increase in the US consumer price index occurring since the date of the Agreement or the date of the last such increase as appropriate.

14.1.6 Professional Liability. The Contractor retained by the City to provide the engineering services required by the Agreement will maintain Professional Liability insurance covering errors and omissions arising out of the Services performed by the

Contractor or any person employed by him, with an unimpaired limit of not less than

$1,000,000 each claim and $2,000,000 all claims, or 10% for the construction budget, whichever is larger. In the event the insurance policy is written on a “claims made” basis, coverage shall extend for two years past completion and acceptance of Services as evidenced by annual Certificates of Insurance.

14.2 Insurance Certificate. Contractor shall not exercise any of its rights under the

Agreement until it delivers to City of Casa Grande's designated recipient certificates from contractor’s insurers showing that the coverage required above has been obtained.

14.2.1 The insurance certificates must show City of Casa Grande, its subsidiaries, affiliates directors, officers, and employees as additional insured parties in respect of all liability coverage except workers' compensation. The policy shall provide and the certificate shall reflect that the insurance afforded applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability.

14.2.2 The insurance certificate shall provide on its face that the policies it represents will not be terminated, amended, or allowed to expire 30 days prior written notice to City of Casa Grande.

14.2.3 Failure of City of Casa Grande to demand the insurance certificate or other evidence of full compliance with these insurance requirements or failure of City of Casa

Grande to identify a deficiency from any certificate provided to it shall not be construed as a waiver of Contractor’s obligation to maintain such insurance.

14.3 Severability of Interests. The policies referenced in 14.1.2. and 14.1.3. shall contain a severability of interest’s clause, generally providing, "the insurance afforded applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's insurance."

14.4 Waiver of Subrogation. Contractor hereby waives any and all rights that it might have against City of Casa Grande, its employees, officers and directors, to recover all or part of any loss or damage insured or insurable by the insurance policies carried or required to be carried by it pursuant to the Contract Documents. Contractor shall require each of its agents, contractors, licensees and others performing the obligations, or exercising the rights, of Contractor under the

Agreement to provide a similar waiver for City of Casa Grande’s benefit.

14.5 Deductibles. Contractor may purchase the required insurance policies with deductibles which are reasonable in light of the contractor’s financial condition; provided that any loss not covered due to the deductible will be paid by Contractor. Contractor shall also require its agents, contractors, licensees and others performing the obligations, or exercising the rights, of contractor under the Agreement to carry such property damage insurance. Such policy or policies shall cover the full insurable value of such tools and equipment.

15. Withholding Payment.

In the event the Contractor has failed to perform any substantial obligation to be performed by the Contractor under this Agreement and said failure has not been cured within the times set forth in this Agreement, then the City may, upon written notice, withhold all monies due and payable to Contractor, without penalty, until such failure to perform is cured or otherwise adjudicated.

16. Future Non-Allocation of Funds.

If sufficient funds are not appropriated or allocated for payment under this contract for any future fiscal period, the City will not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. No penalty or expense shall accrue to the City in the event this provision applies.

17. Protection of Licensee Data.

Contractor warrants that the Contractor’s installation, maintenance, and upgrade of any software provided hereunder shall not result in the use or disclosure by Contractor of any information concerning a patient/client obtained by the City in providing service in violation of any State laws, Federal laws, including, but not limited to, the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), and any federal regulations governing privacy, including, but not limited to, 45 CFR Section 160-164, as well as other applicable federal and state statutes and regulations.

18. Contractor Commitments, Warranties and Representations.

Any written commitment received from the Contractor concerning this Agreement shall be binding upon the Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of the Contractor to materially fulfill such a commitment shall result in a breach of this Contract. A commitment includes but is not limited to any representation made prior to execution of this Agreement, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties.

19. Patent/Copyright Infringement.

Contractor will defend and indemnify the City from any claimed action, cause or demand brought against the City, to the extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the City in any action.

Such defense and payments are conditioned upon the following:

a. That Contractor shall be notified promptly in writing by City of any notice of such claim;

and

b. Vendor shall have the right, hereunder, at its option and expense, to obtain for the City the right to continue using the information, in the event such claim of infringement is made, provided there is no reduction in performance or loss results to the City.

20. Disputes.

20.1 General. Differences between the Contractor and the City, arising under and by virtue of the Contract Documents shall be brought to the attention of the City at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions and decisions of the Contracting Officer, shall be final and conclusive.

20.2 Notice of Potential Claims. The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the City, or (2) the happening of any event or occurrence, unless the Contractor has given the City a written Notice of Potential Claim within 10 days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the City. The written Notice of

Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the

Work performed, labor and material used, and all costs and additional time claimed to be additional.

20.3 Detailed Claim. The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within 30 days of the accomplishment of the portion of the work from which the claim arose, and before the final payment by the City, the Contractor has given the City a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of supporting documents evidencing the amount or the extension of time claimed to be due.

21. Ownership of Items Produced.

All writings, programs, data, public records or other materials prepared by the Contractor and/or its Contractors or subcontractors, in connection with the performance of this Agreement shall be the sole and absolute property of the City.

22. Conflict of Interest.

The Contractor agrees to promptly disclose any financial or economic interest in the Project property, or any property affected by the Project, existing prior to the execution of this Contract.

Further, the Contractor agrees to promptly disclose any financial or economic interest with the

Project property, or any property affected by the Project, if the Contractor gains such interest during the course of this Contract.

If the Contractor gains any financial or economic interest in the Project during the course of this Contract, this may be grounds for terminating this Contract at the sole discretion of the City.

The Contractor shall not engage the services on the Contract of any present of former City employee who was involved as a decision maker in the selection or approval processes, or who negotiated or approved billings or contract modifications for this Contract.

The Contractor agrees that it shall not perform services on this Project for the contractor, sub-contractor, or any supplier.

The Contractor shall not negotiate, contract, or make any agreement with the contractor, sub-contractor, or any supplier with regard to any of the work under this Project, or any services, equipment or facilities to be used on this Project.

This Agreement is subject to the cancellation provisions for conflicts of interest pursuant to A.R.S. §38-511.

23. Covenant Against Contingent Fees.

The Contractor affirms that he has not employed or retained any company or person, other than a bona fide employee working for the Contractor to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the Contract. For breach or violation of this clause, the City may terminate this Contract without liability, or in its discretion may deduct from the Contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee.

24. Indemnification.

To the fullest extent permitted by law, the Contractor, its successors, assigns and guarantors, shall indemnify and hold harmless the City of Casa Grande, its agents, officers, officials and employees from and against all allegations, demands, proceedings, actions, claims, damages, losses, expenses, judgments, including but not limited to, attorney fees, court costs, and the cost of appellate proceedings, and all claim adjusting, relating to, arising out of, or resulting from the negligence, recklessness, or intentional wrongful conduct of the Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performance of this Contract.

Contractor's duty to indemnify and hold harmless the City of Casa Grande, its agents, officers, officials and employees shall arise in connection with any allegation, demand, proceeding, action, claim, damage, loss, expense or judgment that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting there from, caused by from the negligence, recklessness, or intentional wrongful conduct of the Contractor, including any employee of the Contractor, any tier of Contractor's subcontractors or any other person for whose acts, errors, mistakes, omissions, work or services the Contractor may be legally liable. The amount and type of insurance requirements set forth herein will not be construed as limiting the scope of the indemnity provisions of this Contract.

To the fullest extent permitted by law, the City agrees to indemnify and hold the Contractor harmless from any damage, liability or cost (including reasonable attorney’s fees and costs of defense) to the extent caused by the City’s negligent acts, errors or omissions and those of his or her contractors, subcontractors or consultants or anyone for whom the City is legally liable and arising from the project that is the subject of this Agreement. The Contractor is not obligated to indemnify the City in any manner whatsoever for the City’s own negligence.

25. Confidentiality.

The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the City or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the City Attorney, or an order entered by a court after having acquired jurisdiction over the City. Contractor shall immediately give to the City notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the City, its officials, agents or employees from all loss or expense, including, but not limited to settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision.

26. Public Disclosure.

In the event of a public records request to the City for the Licensed Program or Licensed

Documentation, the City shall promptly provide a copy of such request to Contractor so that it has at least 7 days from Contractor’s receipt of such request in which to seek an order restraining the

City from disclosing the Licensed Program and Documentation pursuant to such public records request. If Contractor does not obtain a restraining order within such period of time, the City may disclose the Licensed Program and Licensed Documentation pursuant to such public request as the

City deems appropriate to comply with Arizona’s Public Records Laws.

27. Notice.

Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except service of process, notice shall be given by the Contractor to the department head of the department for whom services are rendered and to the City Attorney’s Office. Notice may be given by delivery or by depositing in the U.S. Mail, first class, postage prepaid.

28. Severability.

If any term or condition of this contract or the application thereof to any person(s) or circumstance(s) is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable.

29. Waiver.

Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto.

30. Survival.

The provisions of paragraphs, 4, 6, 8, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 24, 25, 26, 27, 33, and 34 as well the provisions of any non-collusion affidavit, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason.

31. Discrimination.

Contractor shall not unlawfully discriminate against any employee, applicant for employment, recipient of services or programs, or applicant for services or programs, on the basis of race, creed, color, sex, age, marital status, national origin or the presence of any sensory, mental or physical handicap. Contractor shall comply with the Americans with Disabilities Act.

32. Entire Agreement.

This written contract represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties.

33. E-Verify.

To the extent applicable under ARIZ. REV. STAT. § 41-4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and compliance with the E-Verify requirements under ARIZ. REV. STAT. §

23-214(A). The Contractor’s or subcontractor's breach of the above-mentioned warranty shall be deemed a material breach of the Agreement and may result in the termination of the Agreement by City. The Contractor agrees to insert language similar to this paragraph in all contracts in which they engage with subcontractors on this project to ensure that those subcontractors are meeting the requirements of the above-mentioned statutes. City retains the legal right to randomly inspect the papers and records of the Contractor and its subcontractors who work on the Agreement to ensure that the Contractor and its subcontractors are complying with the above-mentioned warranty. The

Contractor and its subcontractors warrant to keep the papers and records open for random inspection during normal business hours by City. The Contractor and its subcontractors shall cooperate with City’s random inspections including granting City entry rights onto its property to perform the random inspections and waiving their respective rights to keep such papers and records confidential.

34. Compliance with A.R.S. 35-393 and 35-393.01.

Contractor acknowledges and agrees that it is not currently engaged in and agrees for the duration of the contract to not engage in, a boycott of Israel and, furthermore, Contractor acknowledges that is has signed a written certification, which is attached hereto as Exhibit C and incorporated herein, to that effect.

Dated this the day of , 20 .

City of Casa Grande, Arizona municipal corporation.

By: By:

Larry D. Rains, Name:

City Manager Title:

Attest:

Adriana Carpio Solis, City Clerk

CMC/AAE Approved as to form:

Brett Wallace, City Attorney

State of )

) ss

County of ) Acknowledgment

On this day of , , personally appeared before the undersigned and acknowledged self to be the of , being authorized so to do, executed the Agreement between and the City (identified in City of Casa Grande records as C.G. Contract No. ) in the capacity therein stated and for the purposes therein contained by signing his/her name.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

Notary Public

My commission expires:

EXHIBIT “A”—SCOPE OF SERVICES

EXHIBIT “B”— PAYMENT SCHEDULE

EXHIBIT “C” – A.R.S §35-393 and 35-393.01 CERTIFICATION

Definitions contained in A.R.S. 35-393:

1. "Boycott" means engaging in a refusal to deal, terminating business activities or performing other actions that are intended to limit commercial relations with Israel or with persons or entities doing business in Israel or in territories controlled by Israel, if those actions are taken either:

(a) In compliance with or adherence to calls for a boycott of Israel other than those boycotts to which 50 United States Code section 4607(c) applies.

(b) In a manner that discriminates on the basis of nationality, national origin or religion and that is not based on a valid business reason.

2. "Company" means a sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company or other entity or business association, and includes a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate.

3. "Direct holdings" means all publicly traded securities of a company that are held directly by the state treasurer or a retirement system in an actively managed account or fund in which the retirement system owns all shares or interests.

4. "Indirect holdings" means all securities of a company that are held in an account or fund, including a mutual fund, that is managed by one or more persons who are not employed by the state treasurer or a retirement system, if the state treasurer or retirement system owns shares or interests either:

(a) together with other investors that are not subject to this section.

(b) that are held in an index fund.

5. ”Public entity" means this State, a political subdivision of this STATE or an agency, board, commission or department of this state or a political subdivision of this state.

6. ”Public fund" means the state treasurer or a retirement system.

7. "Restricted companies" means companies that boycott Israel.

8. "Retirement system" means a retirement plan or system that is established by or pursuant to title 38.

All offerors must select one of the following:

My company does not participate in, and agrees not to participate in during the term of the contract a boycott of Israel in accordance with A.R.S. §35-393.01.

My company does participate in a boycott of Israel as defined by A.R.S. §35-393.01.

By submitting this response, Contractor agrees to indemnify and hold the City, its agents and employees, harmless from any claims or causes of action relating to the City’s action based upon reliance on the above representations, including the payment of all costs and attorney fees incurred by the City in defending such an action.

Company Name Signature of Person Authorized to Sign

Company Street Address Printed Name of Signatory

City, State, Zip Title of Signatory

Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects

Issued on June 19, 2018 Page 1

EXHIBIT “D” - FEDERAL CONTRACT PROVISIONS

FAA

Airports

Contract Provision Guidelines for Obligated Sponsors and Airport Improvement Program Projects

Issued on June 19, 2018 Page 2

AP P E N D I X A – CONTRACT PROVISIONS

A1 A CCES S TO RECORDS AND REPORTS

A1.1 SOURCE

2 CFR § 200.333

2 CFR § 200.336

FAA Order 5100.38

A1.2 APPLICABILITY

2 CFR § 200.333 requires a sponsor to retain records pertinent to a Federal award for a period of three years from submission of final closure documents. 2 CFR § 200.336 establishes that sponsors must provide Federal entities the right to access records pertinent to the Federal award. FAA policy extends these requirements to the sponsor’s contracts and subcontracts of AIP funded projects.

Contract Types – The sponsor must include this provision in all contracts and subcontracts of AIP funded projects.

Use of Provision – No mandatory language provided. The following language is acceptable to the FAA with meeting the intent of this requirement. If the sponsor prefers to use different language, the sponsor’s language must fully satisfy the requirements of §§ 200.333 and 200.336.

A1.3 CONTRACT CLAUSE

ACCESS TO RECORDS AND REPORTS

The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the

Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.

Issued on June 19, 2018 Page 3

A2 AFFIRMATIVE ACTION REQUIREMENT

A2.1 SOURCE

41 CFR part 60-4

Executive Order 11246

A2.2 APPLICABILITY

Minority Participation. Sponsors are required to set goals for minority participation in AIP funded projects exceeding $10,000.