RFQ - On Call Engineering Services
Extracted text (via pymupdf)
45217 characters
REQUEST FOR QUALIFICATIONS
FOR
ENGINEERING ON-CALL SERVICES FISCAL YEAR 2027-2030
FOR THE CITY OF APACHE JUNCTION
PROJECT NO. RFQ PW 26-02
CITY OF APACHE JUNCTION
300 EAST SUPERSTITION BOULEVARD
APACHE JUNCTION, ARIZONA 85119
Submittal Deadline: April 30, 2026, at 2:00 P.M. Arizona Time
2
REQUEST FOR STATEMENT OF QUALIFICATIONS FOR
ENGINEERING ON-CALL SERVICES
Project No.: RFQ PW 26-02
Notice is hereby given that the City of Apache Junction (“City”) Department of
Public Works is seeking qualified consultants to provide on-call engineering
services citywide on an as-needed basis from July 1, 2026 to June 30, 2029. The
City anticipates selecting a minimum of three consultants from each of the three
Service Areas listed below and rotate award of needed consultant service
contracts among the three selected firms throughout the on-call contract period.
All consultant on-call contracts shall be established for a three (3) year term, with
the City’s option to renew each on-call contract for up to two (2) additional years.
The City of Apache Junction may be in receipt of federal funds for projects.
Therefore, all services shall be accomplished in accordance with all federal
program and state statutory requirements to include Executive Orders,
Administrative Rules and Regulations, as applicable to the regulatory agency.
Information on the Request for Qualifications and requirements are available
online at https://www.apachejunctionaz.gov/826/Current-Solicitations.
RFQ Issued:
Thursday April 9, 2026
RFQ Due Date:
Thursday April 30, 2026
Offer Time:
2:00 P.M. Arizona Time
Number of Qualifications:
One (1) original and four (4) copies
Inquiry Contact:
Anna Davis, Procurement Administrator
adavis1@apachejunctionaz.gov
Project Number
RFQ PW 26-02
Mailing Address:
300 East Superstition Boulevard
Apache Junction, AZ 85119
Response Delivery Location:
300 East Superstition Boulevard
Apache Junction, AZ 85119
3
REQUEST FOR STATEMENT OF QUALIFICATIONS FOR
ENGINEERING ON-CALL SERVICES
PROJECT NO. RFQ PW 26-02
1.
PURPOSE
The City of Apache Junction is seeking qualified consultants to provide
Engineering On-Call services citywide on an as-needed basis from July 1, 2026
through June 30, 2029. Interested firms may submit on any or all of the services
listed.
Firms must specifically identify on the Request for Qualifications Information
Sheet the categories and associated services for which the Bidder is qualified
and interested in providing to the City. Firms will be selected based on where they
score the highest and based on number of firms selected per category but may
still provide all the services for which the Bidder submitted.
2.
DEFINITIONS
A.
Bid” is the response to the IFB submitted to the City by a bidder
B.
“Bidder” shall mean any person, corporation or other entity who
submits an IFB response to the City pursuant to these documents.
C.
“City” shall mean the City of Apache Junction.
D.
“Final List” shall mean the list of Bidders who the City determines are
the most qualified based on their Bids and, if held, their interviews.
E.
“Qualified Bidder” shall mean a Respondent that is on the Final List.
F.
“RFQ” means this Request for Qualifications.
3.
SCOPE OF WORK
The Qualified Consultants will be responsible for providing engineering and
consulting services to various City departments, including: Public Works
Department, Apache Junction Water District, Parks and Recreation Department,
Development Services Department, and City Management. The scope of work for
the anticipated on-call projects may include design, specification review and
other miscellaneous services. The not to exceed amount for all projects under
each service area are listed below.
4
Discipline
Contract
Limit
Service Area 1:
General Civil Engineering
$ 500,000
Service Area 2:
General Survey Services
$ 200,000
Service Area 3:
Geotechnical
$ 100,000
A detailed description of each Service Area is provided below.
Service Area 1 – General Civil Engineering:
Bidders may submit for any or all of the sub-elements listed in the General Civil
Engineering category. If a prime consultant cannot provide services in all the
sub-elements listed, the prime consultant can partner with sub-consultants who
provide those services, or state which sub-elements will not be provided as part
of their services. Provide an organizational chart showing lines of communication
and task responsibilities. Each sub-element listed is to be covered under a
combined single General Civil Engineering SOQ. Consultants will need to
understand impacts of these projects relating to all sub-elements listed. The City
may or may not have potential projects in each sub-element, but consultants will
need to understand the implications of all sub-elements on proposed
improvements.
At a minimum Bidders need to demonstrate proficiency in the following sub-
elements for the General Civil Engineering Service Area:
1. Roadway / Drainage Infrastructure
2. Traffic Engineering / Transportation
3. Water Resources / Hydraulics / Hydrology / Floodplains
4. Design of Concrete Structures (Roadway & Drainage)
5. Water / Wastewater
Service Area 2 – Survey / Right-of-Way Acquisition:
This Service Area includes boundary/topographic surveys, construction staking,
right-of-way acquisition, relocation assistance services and horizontal and
vertical control network services (GDACS). Both survey and right-of-way services
will be needed. Bidders may partner with other firms to provide services in both
survey and right-of-way areas. Right-of-way acquisition firms must submit as a
sub-consultant to a surveying prime consultant.
Service Area 3 – Geotechnical:
5
Geotechnical engineering services.
4. CONTENTS OF RESPONSE
The Qualified Firm will be selected through a qualifications-based selection
process based on the evaluation criteria outlined herein. Responses shall be
scored in accordance with Section 6 and contain the following information:
4.1
Explain the legal organization of the Bidder. Identify the location of
the Bidder’s principal office and percentage of the work to be done locally.
4.2
A discussion of the Bidder’s work philosophy, the approach to
developing
sound,
cost
conscious
and
schedule
sensitive
project
recommendations/solutions, and the approach to problem resolution.
4.3
A brief description of the Bidder’s experience in performing
municipal
related
services
for
preparation
of
construction
designs/studies/documents etc. for related projects.
4.4
A list of similar projects performed for governmental organizations in
the last five years. Example needs include roadway design, bridge culvert design,
open channel design, transportation and infrastructure master plans, roadway
corridor/alignment studies, roadway design concept reports, water and sewer
utility design/planning studies, and Capital Improvement Program financing
plans.
4.5
The number and type of staff positions (e.g., engineer, planner,
architect, surveyor, etc.) assigned to other municipal related projects including
their experience in performing design/planning projects. Furnish resumes of key
staff who will be assigned to managing these projects.
4.6
The Bidder’s assurance that contract design/planning work will not
result in a conflict of interest.
4.7
A statement about the Bidder’s capacity and ability to proceed
without delay if selected.
4.8
A statement concerning the Bidder’s record of completing similar
civil municipal projects on time and within allocated budget over the last five
years.
6
4.9
A statement concerning the location where the design/planning
efforts will be primarily performed.
4.10 Provide
an
organizational
chart
showing
personnel,
task
responsibilities, and lines of communication for tasks associated with this RFP.
Bidders interested in these services should submit a Statement of Qualifications
which includes a one-page cover letter plus a maximum of ten (10) additional
pages (not including resumes) to address the RFQ criteria. No appendices shall
be allowed, except for a resume appendix. DO NOT submit information regarding
fees, price, man-hours or any other cost information with this Statement of
Qualifications and Experience. Submittals containing this information will not be
considered. The ten (10) page count excludes the front and back covers,
appendix divider, and any included resumes. Font size must be 10 points or
greater.
5. SUBMISSION OF RESPONSES
Responses shall include a cover letter and the information required in Section 4.
Resumes for key personnel shall be limited to a maximum length of two (2) pages
each and should be attached as an appendix to the Response.
Sealed Responses containing one (1) signed original and four (4) duplicate copies
will be accepted in the City Clerk’s Office located at 300 East Superstition
Boulevard, Apache Junction, Arizona, 85119, until April 30, 2026, at 2:00 P.M.
Arizona time. Responses shall be marked on the front in black lettering as:
“ENGINEERING ON-CALL SERVICES PROJECT # RFQ PW 26-02” along with the
name and address of the Respondent. Responses must be signed by a person
duly authorized to execute the same on behalf of the Bidder.
Only one (1) submittal per Bidder will be accepted. If multiple responses are
received from Bidders with common ownership interests or collective assets or
is managed by the same individuals or other legal entities, such additional
submittals will be deemed duplicitous and shall be disqualified from the RFQ
process.
The City reserves the right to reject any and all Bids, to waive informalities and
technicalities, and to suspend the procurement deadlines applicable to this
process in its sole discretion.
7
Late or unsigned Bids will not be accepted.
Bidders shall confirm receipt of all addenda issued to this RFQ in its cover letter
submitted with its Bid. It is the Bidder’s sole responsibility to confirm receipt of
all addenda issued to the RFQ. Failure to do so will result in the proposal being
declared non-responsive. Bidders will NOT be notified of addenda. If addenda
are issued, they will be published on the City’s electronic bidding platform at
www.publicpurchase.com.
6. SELECTION CRITERIA AND SCORING
The selection criteria and relative weights for determining the order of Bidders
on the Final List are as follows:
CRITERIA
MAXIMUM SCORE
Experience of the consultant
45
Experience of Key Personnel
25
Project Management and Responsiveness
25
Staffing information for Key Personnel
5
Total Maximum Points
100
Please be advised that failure to provide the information required in Section 4 will
result in disqualification.
7. SELECTION PROCESS
7.1
Interviews will not be held. The City will enter negotiations with the
Qualified Bidder to enter into a contract. If the City is unsuccessful in negotiating
a contract with the Qualified Bidder, the City may terminate negotiations with the
Qualified Bidder and enter into negotiations with the next lower ranked Qualified
Bidder until a contract is executed. The City may decide to terminate the
selection process at any time.
7.2
Schedule: The following tentative schedule has been prepared for
this selection process:
•
RFQ Issued
April 9, 2026
•
RFQ Due Date
April 30, 2026 by 2:00 P.M.
•
Execution of Contract
by June, 2026
8
8. INQUIRIES
All questions regarding this RFQ shall be submitted via the Public Purchase portal
www.publicpurchase.com no later than April 23, 2026 at 12:00 P.M. All questions
and answers will be posted as a formal Addendum to the RFQ, published on the
City’s electronic bidding platform at www.publicpurchase.com as Q&A
Clarifications.
9. BID PROTESTS
Other than a disqualification determination, any aggrieved person may protest
the bid solicitation per Apache Junction City Code, Vol. I, Art. 3-7-8, Bid Protest
and
Appeal.
The
Apache
Junction
City
Code
is
located
at
https://codelibrary.amlegal.com/codes/apachejunction/latest/overview.
10.
GENERAL CONDITIONS
10.1. This RFQ does not commit the City to award a contract, to defray any
costs incurred in the preparation of a Bid, or to procure or contract for services.
10.2. The City reserves the right to cancel, in part or in its entirety, this RFQ
including but not limited to selection schedule, submittal date, and submittal
requirements. If the City cancels or revises the RFQ all Bidders will be notified in
writing by the City.
10.3. The City reserves the right to extend the date by which the submittals
are due.
10.4. All submittals become the property of the City. Except for the name
of Qualified Bidders on the Final List, no information contained in a Bid shall be
made public until after award and execution of a contract with the Qualified
Bidder.
10.5. The City reserves the right to request additional information and/or
clarifications from any or all Bidders.
9
Attachments:
Sample Professional Services Contract
ENGINEERING SERVICES AGREEMENT BETWEEN
CITY OF APACHE JUNCTION AND __________________
FOR ENGINEERING ON-CALL SERVICES PROJECT NO. RFQ PW 26-02
THIS AGREEMENT is made as of the ____ day of ________ 20_____ (the
“Effective Date”) by and between the CITY OF APACHE JUNCTION, an Arizona
municipal corporation (“City”), and ____________________, an Arizona limited
liability company/corporation (“Consultant”), sometimes collectively referred to
as the “Parties” or individually as a “Party” for the project entitled
_____________________________.
RECITALS
A.
City desires to retain a engineer to assist in a comprehensive
_____________________________________ and to make payment for the same in
accordance with the terms and conditions set forth in this Agreement, including
all attachments and addenda which are appended to it.
B.
The open market procedures have been satisfied to the extent they
apply.
C.
The Parties have set forth below contemplated services Consultant
will provide to City, including payment terms for such services and products.
AGREEMENT
NOW, THEREFORE, in consideration of the Recitals noted above, the
mutual covenants and conditions below, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties agree as follows:
1.
CONSULTANT’S DUTIES: Consultant agrees to perform the
professional services detailed in Exhibit A (the “Services”).
2.
COMPENSATION: In accordance with Exhibit B and the terms and
conditions of this Agreement, City shall compensate Consultant for the Services
in an amount not to exceed _______ Dollars and _____ Cents ($________) (the
“Contract Amount”).
3.
CONSULTANT BILLING: Consultant shall invoice City on a time and
expense basis in a total amount not to exceed the Contract Amount. City agrees
to process for payment invoices received from Consultant within thirty (30)
calendar days following receipt of such invoices, provided Consultant fulfills all
duties and obligations set forth in this Agreement. Review of invoices by City may
include an inspection of the Services.
11
4.
TERM:
The
term
of
this
Agreement
shall
commence
on_________________, 20________ and end on _________________, 20________. This
Agreement may be extended upon mutual written consent of the Parties provided
that any amendment shall be executed by an authorized signatory of the Parties
and provide in writing the amended term of the Agreement and, if applicable, a
specified dollar amount of additional payment to be owed by City to Consultant.
5.
CITY’S STANDARD OF PERFORMANCE: City shall furnish Consultant
with all data, information and other supporting services necessary for Consultant
to perform the Services. City shall not be responsible for discovering deficiencies
in the technical accuracy of the Services.
6.
CONSULTANT’S STANDARD OF PERFORMANCE: The Services shall
be performed by qualified professionals licensed in Arizona, selected and paid by
Consultant and acting in the interest of the Consultant. While performing the
Services, Consultant and its subcontractors shall exercise the reasonable
professional care and skill customarily exercised by reputable members of
Consultant’s profession practicing in the Phoenix Metropolitan Area and shall use
reasonable diligence and best judgment while exercising its professional skill and
expertise. Consultant shall be responsible for all errors and omissions Consultant
or its subcontractors commit in the performance of this Agreement. Consultant
shall correct any deficiencies in the technical accuracy of the Services without
additional compensation except to the extent such corrective action is directly
attributable to deficiencies in any information provided by City.
7.
NOTICES: All notices to a Party required under this Agreement shall
be in writing and sent by first class certified mail, postage prepaid, return receipt
requested, addressed to the following:
If to City:
City of Apache Junction
Emile Schmid
Department of Public Works
575 East Baseline Avenue
Apache Junction, AZ 85119
If to Consultant:
_____________________
_____________________
_____________________
_____________________
8.
INSURANCE:
8.1
General Provisions. Consultant, at its own expense, shall purchase
and maintain during the Term the insurance required by this Agreement with
companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or
12
approved unlicensed in the State of Arizona with policies and forms satisfactory
to City.
All insurance required by this Agreement shall be maintained in full force and
effect until the Services are accepted by the City. Failure to do so may, at the sole
discretion of City, constitute a material breach of this Agreement.
Consultant’s insurance shall be primary insurance as respects the City, and any
insurance or self-insurance maintained by City shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance policies
or any breach of an insurance policy warranty shall not affect coverage afforded
under the insurance policies to protect City.
The insurance policies, except Workers’ Compensation, shall contain a waiver of
transfer rights of recovery (subrogation) against City, its agents, officers, officials
and employees for any claims arising out of Consultant’s acts, errors, mistakes,
omissions, work or service.
The insurance policies may provide coverage which contains deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shall not be
applicable with respect to the coverage provided to City under such policies.
Consultant shall be solely responsible for the deductible and/or self retention and
City, at its option, may require Consultant to secure payment of such deductibles
or self-insured retentions by a surety bond or an irrevocable and unconditional
letter of credit.
The insurance policies required by this Agreement, except Workers’
Compensation and Professional Liability, shall name City, its elected officials,
agents, officers, and employees as Additional Insured Parties.
Consultant shall expressly bind any subcontractors, or any other lower tier
subcontractors, used in the performance of any aspect of the Services, to the
insurance requirements in this Agreement, making such obligations applicable to
the other subcontractor to the same extent as it is applicable to Consultant. The
purpose of this provision is to require any lower tier subcontractor, regardless of
level, to provide insurance and indemnity required by this Agreement.
8.2
Commercial General Liability. Consultant shall maintain throughout
the Term Commercial General Liability insurance with a limit of not less than
13
$1,000,000 for each occurrence with a $2,000,000 Products/Completed
Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall
include coverage for bodily injury, broad form property damage, personal injury,
products and completed operations and blanket contractual coverage including,
but not limited to, the liability assumed under the indemnification provisions of
this Agreement, which coverage will be at least as broad as that on Insurance
Service Office, Inc. Policy Form No. CG 00011093, or the equivalent thereof.
Such policies shall contain a severability of interest provision and shall not
contain a sunset provision or commutation clause, nor any provision which would
serve to limit third party action over claims.
The Commercial General Liability additional insured endorsement shall be at
least as broad as the Insurance Service Office, Inc.’s Additional Insured, Form B,
CG 20101185, or the equivalent thereof, and shall include coverage for
Consultant’s operations and products and completed operations.
If Consultant sublets any part of the Services, Consultant shall purchase and
maintain, at all times during prosecution of the Services an Owner and
Contractor’s Protective Liability insurance policy for bodily injury and property
damage, including death, which may arise in the prosecution of the Services.
Coverage shall be on an occurrence basis with a limit of not less than $2,000,000
per occurrence, and the policy shall be issued by the same insurance company
that issues Consultant’s Commercial General Liability insurance.
8.3
Automobile Liability. Consultant shall maintain Commercial/Business
Automobile Liability insurance with a combined single limit for bodily injury and
property damage of not less than $1,000,000 each occurrence with respect to
Consultant’s owned, hired, and non-owned vehicles assigned to or used in
performance of the Services. Coverage will be at least as broad as coverage code
1, “any auto”, (Insurance Service Office, Inc. Policy Form CA 00011293, or the
equivalent thereof). Such insurance shall include coverage for loading and off-
loading hazards. If hazardous substances, materials or wastes are to be
transported, federal mandatory motor carrier safety (“MCS”) 90 endorsement
shall be included and $5,000,000 per accident limits for bodily injury and property
damage shall apply.
8.4
Workers’
Compensation.
Consultant
shall
carry
Workers’
Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction over Consultant’s employees engaged in the
performance of the Services; and Employer’s Liability insurance of not less than
$100,000 for each accident, $100,000 disease for each employee, and $500,000
disease policy limit.
14
By execution of this Agreement, Consultant certifies as follows:
“I am aware and understand the provisions of A.R.S. § 23-901 et seq. which
requires every employer to be insured against liability for workers’
compensation or to undertake self-insurance in accordance with the
provisions of this chapter, and I will comply with such provisions before
commencing the performance of the Services of this Agreement.”
If Consultant has no employees for whom Workers’ Compensation insurance is
required by federal or state statutes, Consultant shall submit a declaration or
affidavit to City so stating and covenanting to obtain such insurance if and when
Consultant employs any employees subject to coverage.
8.5
Professional Liability. Consultant shall maintain Professional Liability
insurance covering acts, errors, mistakes and omissions arising out of the work
or services performed by Consultant, or any person employed by Consultant, with
a limit of not less than $1,000,000 each claim.
8.6
Certificates of Insurance. Prior to commencing the Services,
Consultant shall furnish City with Certificates of Insurance, or formal
endorsements as required by the Agreement, issued by Consultant’s insurer(s),
as evidence that policies providing the required coverages, conditions and limits
required by this Agreement are in full force and effect. City shall not be obligated,
however, to review same or to advise Consultant of any deficiencies in such
policies and endorsements, and such receipt shall not relieve Consultant from, or
be deemed a waiver of, City’s right to insist on strict fulfillment of Consultant’s
obligations under this Agreement.
The form of the certificates of insurance and endorsements shall be subject to the
approval of the Apache Junction City Attorney’s Office, shall comply with the
terms of this Agreement. Policies or certificates and completed forms of City’s
Additional Insured Endorsement (or a substantially equivalent insurance
company form acceptable to the City Attorney) evidencing the coverage required
by this Agreement shall be delivered to City Attorney, City of Apache Junction,
300 East Superstition Boulevard, Apache Junction, AZ 85119. The policy or
policies shall be in the usual form of public liability insurance, but shall also
include the following provision:
“Solely as respects work done by or on behalf of the named insured for the
City of Apache Junction, it is agreed that the City of Apache Junction and
15
its elected officials, officers, agents and employees are added as additional
insured parties under this policy.”
In the event any insurance policies required by this Agreement are written on a
“claims made” basis, coverage shall extend for two (2) years past completion and
acceptance of Consultant’s work or services and as evidenced by annual
Certificates of Insurance.
Consultant shall require its insurers to provide City thirty (30) calendar days’ prior
written notice of any nonrenewal, cancellation, or material change in the
coverage under such policy reducing coverage to below the amounts required by
this Agreement. If a policy does expire during the life of the Agreement, a renewal
certificate must be sent to City thirty (30) calendar days prior to the expiration
date.
9.
APPLICABLE LAW AND VENUE: The terms and conditions of this
Agreement shall be governed by and interpreted in accordance with the laws of
the State of Arizona. Any action at law or in equity brought by either Party for the
purpose of enforcing a right or rights provided for in this Agreement, shall be tried
in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties
hereby waive all provisions of law providing for a change of venue in such
proceeding to any other county. In the event either Party shall bring suit to
enforce any term of this Agreement or to recover any damages for and on account
of the breach of any term or condition in this Agreement, it is mutually agreed that
the prevailing party in such action shall recover all costs including: all litigation
and appeal expenses, collection expenses, reasonable attorney fees, necessary
witness fees and court costs to be determined by the court in such action.
10.
FORCE MAJEURE: Neither City nor Consultant, as the case may be,
shall be considered not to have performed its obligations under this Agreement
in the event of enforced delay (an “Enforced Delay”) due to causes beyond its
control and without its fault or negligence or failure to comply with applicable
laws, including, but not restricted to, acts of God, fires, floods, epidemics,
pandemics and related executive orders, quarantines, restrictions, embargoes,
labor disputes, and unusually severe weather or the delays of subcontractors or
materialmen due to such causes, acts of a public enemy, war, terrorism or act of
terror (including but not limited to bio-terrorism or eco-terrorism), nuclear
radiation, blockade, insurrection, riot, labor strike or interruption, extortion,
sabotage, or similar occurrence or any exercise of the power of eminent domain
of any governmental body on behalf of any public entity, or a declaration of
moratorium or similar hiatus (whether permanent or temporary) by any public
entity directly affecting the obligations under this Agreement. In no event will
Enforced Delay include any delay resulting from unavailability for any reason of
labor shortages, or the unavailability for any reason of particular contractors,
16
consultants, subcontractors, vendors or investors desired by Consultant in
connection with the obligations under this Agreement. Consultant agrees that
Consultant alone will bear all risks of delay which are not Enforced Delay. In the
event of the occurrence of any such Enforced Delay, the time or times for
performance of the obligations of the Party claiming delay shall be extended for a
period of the Enforced Delay; provided, however, that the Party seeking the
benefit of the provisions of this Section 10 shall, within thirty (30) calendar days
after such Party knows or should know of any such Enforced Delay, first notify the
other Party of the specific delay in writing and claim the right to an extension for
the period of the Enforced Delay; and provided further that in no event shall a
period of Enforced Delay exceed ninety (90) calendar days.
11.
TERMINATION: This Agreement may be terminated by either Party
for any reason upon thirty (30) days written notice. If this Agreement is
terminated, City shall be reimbursed from Consultant the amount paid for any
undelivered and/or unaccepted products or services. City shall pay Consultant
for completed and acceptable work performed pursuant to this Agreement prior
to the date of termination.
12.
INDEMNIFICATION: To the fullest extent permitted by law,
Consultant shall defend, indemnify and hold harmless City, its elected officials
and appointed officers, special districts, agents, and employees from and against
any and all liability including but not limited to demands, claims, actions, fees,
costs and expenses, including reasonable attorney and expert witness fees,
arising from, or alleged to have arisen from, relating to, arising out of, or alleged
to have resulted from the acts, errors, mistakes, omissions, work or services of
Consultant, its agents, employees, or any tier of Consultant’s subcontractors in
the performance of this Agreement, but only to the extent caused by the
negligence, recklessness or intentional wrongful conduct of Consultant or its
subcontractors in the performance of the Services under this Agreement or any
subcontract. Consultant’s duty to defend, hold harmless and indemnify City, its
elected officials and appointed officers, special districts, agents, and employees
shall arise in connection with any claim, damage, loss or expense that is
attributable to bodily injury, sickness, disease, death, or injury to, impairment, or
destruction of property including loss of use resulting therefrom, caused by an
Consultant’s acts, errors, mistakes, omissions, Services or services in the
performance of this Agreement including any employee of Consultant, any tier of
Consultant’s subcontractor or any other person for whose acts, errors, mistakes,
omissions, services or work Consultant may be legally liable, but only to the extent
caused by the negligence, recklessness or intentional wrongful conduct of
Consultant or any tier of Consultant’s subcontractors or any other person for
whose acts, errors, mistakes, omissions, services or work Consultant may be
legally liable in the performance of the Services under this Agreement or any
subcontract. The amount and type of insurance coverage requirements set forth
in this Agreement will in no way be construed as limiting the scope of the
17
indemnity in this Section 12. The rights and obligations under this Section 12 shall
survive expiration or termination of this Agreement.
13.
TAXES: Consultant shall pay as they become due all license, sales,
consumer, transaction privilege, use and other similar taxes for services
provided by Consultant which are legally enacted at the time the obligations
under this Agreement are performed.
14.
PERMITS AND FEES: Unless otherwise provided in this Agreement,
Consultant shall secure and pay for all applicable permits, government fees,
licenses and inspections necessary for the proper execution and completion of
services which are customarily secured after execution of the Agreement.
Consultant shall give all notices and comply with all laws, ordinances, rules,
regulations and lawful orders of any public authority bearing on the performance
of the Services. Consultant represents and warrants that any license necessary
to perform the Services is current and valid. Consultant understands that the
activity described in this Agreement constitutes “doing business in the City of
Apache Junction” and Consultant agrees to obtain a business license pursuant to
Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current
during the Term. Consultant also acknowledges that the tax provision of the
Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a
transaction privilege license and/or other licenses as may be required by all
applicable laws.
15.
RECORDS: Records of Consultant’s labor, payroll, and other costs
pertaining to this Agreement shall be kept on a generally recognized accounting
basis and made available to City for inspection on request. Consultant shall
maintain records for a period of at least two (2) years after expiration of this
Agreement, and shall make such records available during that retention period
for examination or audit by City personnel during regular business hours.
16.
RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this
Agreement shall imply City is obligated to obtain the Services described in this
Agreement only through Consultant.
17.
INDEPENDENT CONTRACTOR: City and Consultant agree and
understand that the relationship between both Parties is that of an independent
contractor. As such, Consultant is not entitled to receive any benefits to which
City employees are entitled by virtue of their employment with City. City shall not
be responsible for payment to employees of Consultant for salaries, related taxes
(including, but not limited to, federal Social Security tax as well as federal and
state unemployment taxes) and all other expenses related to their employment or
contractual relationship with Consultant.
18.
WAIVER OF TERMS AND CONDITIONS: The failure of City or
Consultant to insist in any one or more instances on performance of any of the
18
terms or conditions of this Agreement or to exercise any right or privilege
contained herein shall not be considered as thereafter waiving such terms,
conditions, rights or privileges, and they shall remain in full force and effect.
19.
COMPLIANCE WITH FEDERAL AND STATE LAWS: Consultant
understands and acknowledges the applicability of the American with Disabilities
Act, the Immigration Reform and Control Act of 1986 and the Drug Free
Workplace Act of 1989 to the services performed under this Agreement.
As required by A.R.S. § 41-4401, Consultant hereby warrants its compliance with
all federal immigration laws and regulations that relate to its employees and
A.R.S. § 23-214(A). Consultant further warrants that after hiring an employee,
Consultant will verify the employment eligibility of the employee through the E-
Verify program. If Consultant uses any subcontractors in performance of
services, subcontractors shall warrant their compliance with all federal
immigration laws and regulations that relate to its employees and A.R.S. § 23-
214(A), and subcontractors shall further warrant that after hiring an employee,
such subcontractor verifies the employment eligibility of the employee through
the E-Verify program. A breach of this warranty shall be deemed a material
breach of the Agreement that is subject to penalties up to and including
termination of this Agreement. Consultant is subject to a penalty of $100 per day
for the first violation, $500 per day for the second violation, and $1,000 per day
for the third violation. City at its option may terminate this Agreement after the
third violation. Consultant shall not be deemed in material breach of this
Agreement if the Consultant and/or subcontractors establish compliance with the
employment verification provisions of Sections 274A and 274B of the federal
Immigration and Nationality Act and the E-Verify requirements contained in A.R.S.
§ 23-214(A). City retains the legal right to inspect the papers of any Consultant or
subcontractor employee who works under this Agreement to ensure that the
Consultant or subcontractor is complying with the warranty. Any inspection will
be conducted after reasonable notice and at reasonable times. If state law is
amended, the Parties may modify this paragraph consistent with state law without
effectuating an official amendment to this Agreement. Email notification of the
modification would be sufficient notice.
20.
ENTIRE AGREEMENT: This Agreement and any attachments
represent the entire agreement between City and Consultant and supersede all
prior negotiations, representations or agreements, either express or implied,
written or oral. It is mutually understood and agreed that no alteration or variation
of the terms and conditions of this Agreement shall be valid unless made in writing
and signed by the Parties. Written and signed amendments shall automatically
become part of this Agreement, and shall supersede any inconsistent provision
therein; provided, however, that any apparent inconsistency shall be resolved, if
possible, by construing the provisions as mutually complementary and
supplementary.
19
21.
BINDING EFFECT, ASSIGNMENT AND DELEGATION: City and
Consultant each bind themselves, their partners, successors, assigns and legal
representatives to the other Party and to the partners, successors, assigns and
legal representatives of such other Party in respect to all covenants, agreements
and obligations contained in this Agreement. Neither Party shall assign the
Agreement or sublet it as a whole or delegate the duties under this Agreement,
without the written consent of the other Party, nor shall Consultant assign any
monies due or to become due to it without the previous written consent of City.
22.
SEVERABILITY: City and Consultant each believe that the execution,
delivery and performance of this Agreement are in compliance with all applicable
laws. However, in the unlikely event that any provision of this Agreement is
declared void or unenforceable (or is construed as requiring City to do any act in
violation of any applicable laws, including any constitutional provision, law,
regulation, or City Code), such provision shall be deemed severed from this
Agreement and this Agreement shall otherwise remain in full force and effect;
provided that this Agreement shall retroactively be deemed reformed to the
extent reasonably possible in such a manner so that the reformed agreement (and
any related agreements effective as of the same date) provide essentially the
same rights and benefits (economic and otherwise) to the Parties as if such
severance and reformation were not required. Unless prohibited by applicable
laws, the Parties further shall perform all acts and execute, acknowledge and/or
deliver all amendments, instruments and consents necessary to accomplish and
to give effect to the purposes of this Agreement, as reformed.
23.
ACCURACY OF WORK: Acceptance of services or work by City shall
not relieve Consultant of the responsibility for subsequent correction of any such
errors and the clarification of any ambiguities. Consultant shall make all
necessary revisions or corrections resulting from errors and omissions on the
part of Consultant without additional compensation.
24.
OWNERSHIP OF WORK PRODUCT. All documents or other work
product generated on behalf of City in connection with this Agreement are
property of City. Any use or reuse of the documents or work product created by
Consultant for projects they were not intended and/or without the professional
involvement of Consultant shall be at City’s sole risk and without liability to
Consultant.
25.
CONFIDENTIALITY. All information received in the performance of
the Services shall be considered nonpublic and confidential. Consultant agrees
that neither it nor its contractors, agents or representatives shall communicate,
whether in writing or verbally, any information concerning the Services except in
strict compliance with the terms and conditions of an express authorization by the
City Attorney. This confidentiality provision shall not apply to communication by
20
Consultant with its subcontractors for the purposes of performing the Services
under this Agreement.
26.
TIME IS OF THE ESSENCE: Time is of the essence with respect to all
provisions in this Agreement. Any delay in performance by either Party shall
constitute a material breach of this Agreement.
27.
PROHIBITION TO CONTRACT WITH CONSULTANTS WHO ENGAGE
IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-
393 through 35-393.03, as amended, which forbids public entities from
contracting with Consultants who engage in boycotts of the State of Israel.
Should Consultant engage in any such boycott against the State of Israel, this
Agreement shall be deemed automatically terminated by operation of law. Any
such boycott is a material breach of this Agreement.
28.
PROHIBITED USE OF FORCED LABOR: In accordance with A.R.S. §
35-394, Consultant hereby certifies and agrees that Consultant does not currently
and shall not for the duration of this Agreement use: (1) the forced labor of ethnic
Uyghurs in the People’s Republic of China, (2) any services or goods produced by
the forced labor of ethnic Uyghurs in the People’s Republic of China, and/or (3)
any suppliers, contractors or subcontractors that use the forced labor or any
services or goods produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China. If Consultant becomes aware during the Term that Consultant
is not in compliance with this Section 28, then Consultant shall notify the City
within five (5) business days after becoming aware of such noncompliance. If
Consultant does not provide the City with written certification that Consultant has
remedied such noncompliance within ninety (90) calendar days after notifying the
City of such noncompliance, this Agreement shall terminate, except that if the
Agreement termination date occurs before the end of such ninety (90) day remedy
period, this Agreement shall terminate automatically.
29.
CONFLICTS OF INTEREST: This Agreement is subject to, and may
be terminated by City in accordance with, the provisions of A.R.S. § 38-511.
30.
ORDER OF PRECEDENCE. Should there be any discrepancy or
inconsistency between the terms and conditions of this Agreement and any terms
and conditions in any exhibit to this Agreement, the terms and conditions of this
Agreement shall control and prevail.
[Signatures on next page]
21
IN WITNESS WHEREOF, Consultant and City have executed this Agreement
as of the date first set forth above.
CONSULTANT:
_________________________________________,
an
Arizona
limited
liability
company/
corporation
By: _________________
Its: _________________
CITY:
CITY OF APACHE JUNCTION, ARIZONA, an
Arizona municipal corporation
By: Walter “Chip” Wilson
Its: Mayor
ATTEST:
Evie McKinney
City Clerk
APPROVED AS TO FORM:
______________________________
R. Joel Stern
City Attorney
22
STATE OF ____________ )
) ss.
COUNTY OF ___________ )
The foregoing was subscribed and sworn to before me this _____ day
of _________________, 20___, by ______________ as ____________________ of
[Company Name], an Arizona [corporation/limited liability company].
__________________________
Notary Public
My Commission Expires:
_____________________
STATE OF ARIZONA
)
) ss.
COUNTY OF PINAL
)
The foregoing was subscribed and sworn to before me this _____ day
of _________________, 20___, by Walter “Chip” Wilson, as Mayor of the City of
Apache Junction, Arizona, an Arizona municipal corporation.
__________________________
Notary Public
My Commission Expires:
_____________________
EXHIBIT A
SCOPE OF WORK
24
EXHIBIT B
FEE SCHEDULE