Request for Proposals (RFP) for the DEVELOPMENT … proposer or a management staff member, ......

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Request for Proposals (RFP) for the

DEVELOPMENT AND OPERATION OF A WORKING URBAN FARM AND CONCESSIONS AT A CITY OF PHOENIX

PUBLIC PARK

RFP-PKS-MSD-P17-001(MS)

Schedule of Events

ACTIVITY (All times are local Phoenix time) DATE

Issue RFP May 18, 2017

Pre-Proposal Meeting (2:30 p.m.) June 01, 2017

Submittal of Written Questions (2:30 p.m.) June 08, 2017

Responses to Written Questions June 15, 2017

Proposal Deadline (2:30 p.m.) July 18, 2017

Short Listing, if applicable July 25, 2017

Proposer Interviews, if applicable August 01, 2017

Submit proposals and requests for alternate formats to: Michael R. Smiley, Procurement Officer

City of Phoenix Parks and Recreation Department 200 West Washington Street, 16th Floor

Phoenix, Arizona 85003-1611 Telephone: 602-262-6714 (7-1-1 Friendly)

[email protected]

This RFP does not commit the City to award any agreement. All dates subject to change.

mailto:[email protected]

CITY OF PHOENIX DEVELOPMENT AND OPERATION

OF A WORKING URBAN FARM AND CONCESSIONS AT A CITY OF PHOENIX PUBLIC PARK

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TABLE OF CONTENTS

SECTION PAGE

I. RFP PROCESS A. Introduction ….…………………......................................................................4 B. Minimum Qualifications …..……….................................................................4 C. Agreement Term….………………………………………………………………. 5 D. Pre-Proposal Meeting.…………………....……………………………………… 5 E. Proposer Questions and Notification…………………………………………… 5 F. Registration ……………………………………………………………………….. 5 G. Changes to the RFP……………………………………………………………… 5 H. Proposal Guarantee ………………………………………………………………6

II. SCOPE OF WORK

A. Overview……………………………………………………………………………6 B. General Conditions………………………………………………………………..7

III. BUSINESS OPPORTUNITY

A. Site Description ............................................................................................. 7 B. Desired Project .............................................................................................. 8

IV. PROPOSAL INSTRUCTIONS

A. Delivery of Proposals .................................................................................... 9 B. Form of Proposals ......................................................................................... 9

V. PROPOSAL EVALUATION A. Evaluation Panel ......................................................................................... 11 B. Evaluation Criteria ....................................................................................... 12

VI. GENERAL TERMS AND CONDITIONS OF THE PROPOSAL A. Transparency Policy .................................................................................... 12 B. Materials Submitted .................................................................................... 13 C. Award Recommendation ............................................................................. 13 D. Negotiations ................................................................................................ 13 E. Community Involvement .............................................................................. 14 F. City’s Reservation of Rights ........................................................................ 14 G. City’s Right to Disqualify for Conflict of Interest ........................................... 14 H. Preparation Costs ....................................................................................... 15 I. Additional Investigations ............................................................................. 15 J. Proposer Certification and Affidavit ............................................................. 15 K. Covenant Against Contingent Fees Paid to Proposer ................................. 15 L. No Gratuities ............................................................................................... 16 M. Protests ....................................................................................................... 16



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VII. STANDARD CONTRACT PROVISIONS

A. Indemnification Clause ................................................................................ 17 B. General Operating Insurance Requirements ............................................... 17 C. Legal Worker Requirements ........................................................................ 22 D. Applicable Law ............................................................................................ 22 E. Organization Employment Disclaimer ......................................................... 22 F. Discrimination Prohibited………………………………………………………..22 G. Equal Employment Opportunity Requirements……………………………….23 H. Disclosure of Confidential and Proprietary Information…………………….. 24

VIII. ATTACHMENTS

Attachment A Solicitation Conflict And Transparency Disclosure Form Attachment B Affidavit - Assurances

Remainder of page intentionally left blank.



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I. RFP PROCESS

A. Introduction

The City of Phoenix (City), through its Parks and Recreation Department (PRD), invites sealed proposals for the development and operation of a working urban farm and concession(s) at a City of Phoenix park. PRD manages 182 parks throughout the City of Phoenix. The City seeks a public, non-profit or private sector organization to transform a portion of a public park into an educational and environmental center with an emphasis on farming, agriculture and sustainable food sourcing. A concession where prepared food, merchandise or other related materials are sold is desired. The successful proposer will be required to offer educational sessions and events to the public related to the desired emphasis.

This RFP seeks market-viable development proposals that: 1) make the best use of the park; 2) are consistent with PRD’s mission statement to build healthy communities through parks, programs and partnerships. and 3) contribute to the creation of a vibrant urban mixed-use area.

By this invitation, PRD seeks to further implement its mission by maximizing the use of park land with development from a public and/or private entity.

B. Minimum Qualifications

The following minimum qualifications are non-negotiable. 1. The proposer must be authorized to transact business in Arizona and be in

good standing at the time its proposal is submitted.

2. The proposal must include clear and compelling documentation to demonstrate the proposer’s capacity to finance the proposed project.

3. Each proposer or a management staff member, executive officer, or the

identified owner(s) of the proposer must have 5 years’ working ownership (defined as actively involved in the day-to-day management of the business) or executive management experience:

1. in the food and agriculture industry 2. operating a restaurant and, 3. providing education related to food and agriculture industries.

Each proposer must demonstrate in its proposal that it meets the minimum qualifications or its proposal will be disqualified as non-responsive.



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C. Agreement Term

The term of this contract will be for a twenty (20) year term with two ten (10) year options to extend, at the City’s discretion, a total of 40 years.

D. Pre-Proposal Meeting Proposers are strongly encouraged to attend the pre-proposal meeting at the date and time listed on page 1 in the 16th Floor Conference Room at Phoenix City Hall, 200 West Washington Street. The purpose of this meeting is to review this RFP and respond to questions. Proposers may attend the pre-proposal meeting in person or via teleconference. To register for this meeting, please email [email protected].

E. Proposer Questions and Notification

Proposers are advised to read this RFP in its entirety. Failure to read and/or understand any portion of this RFP shall not be cause for waiver of any portion of the RFP or subsequent agreement. All questions about this RFP must be submitted in writing no later than the deadline listed on page 1 to [email protected]. Please list the name of this RFP in the subject line when submitting questions. All written questions will be responded to in writing and posted at phoenix.gov/solicitations click on the Parks and Recreation tab - RFP-PKS-MSD-P17-001(MS).

F. Registration Proposers must be registered in the City’s e-Procurement Self-Registration System at https://www.phoenix.gov/financesite/Pages/EProc-help.aspx in order to receive solicitation notices, respond to solicitations and access procurement information. The City may, at its sole discretion, reject any offer from a Proposer who has not registered in the City’s e-Procurement system.

G. Changes to the RFP

Changes to this RFP will be in writing as an addendum and posted at phoenix.gov/solicitations click on the Parks and Recreation tab - RFP-PKS-MSD-P17-001(MS). The City shall not be responsible for any oral instructions given by any City employee, consultant, or official regarding RFP instruction, specifications, or documents. Although registered pre-proposal meeting attendees, and potential proposers who request such notification in writing, will be notified by email when documents related to this RFP are available at phoenix.gov/solicitations click on the Parks and Recreation tab - RFP-PKS-MSD-P17-001(MS). Proposers are responsible for obtaining any and all information posted on the website.



http://www.phoenix.gov/solicitations/393

https://www.phoenix.gov/financesite/Pages/EProc-help.aspx






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H. Proposal Guarantee

Each proposal must be accompanied by a $10,000 proposal guarantee in the form of a cashier’s check, payable without condition or restrictive endorsement, to the City of Phoenix. Each proposer’s proposal guarantee must be submitted in a separate sealed envelope along with the proposal. Proposal guarantees of unsuccessful proposers will be returned via registered mail, without interest, immediately after the business opportunity has been formally awarded by the Phoenix City Council and/or Phoenix Parks Board or after all proposals are rejected. An unsuccessful proposer may request the return of its proposal guarantee after the award recommendation has been posted; however, any unsuccessful proposer making such a request will be removed from further consideration for award of the contract resulting from this RFP. The successful proposer’s proposal guarantee becomes non-refundable upon Phoenix City Council and/or Phoenix Parks Board approval of the business terms of its proposal. If the successful proposer fails to execute the contract in a timely manner, the proposal guarantee will be forfeited as liquidated damages.

II. SCOPE OF WORK

A. Overview

The successful proposer will build and operate or cause to be built and operated an agricultural educational/environmental center and a 2-acre working farm, with an emphasis on farming, agriculture and sustainable food sourcing. A concession where prepared food, merchandise or other related materials are sold is desired. The successful proposer will be required to offer educational sessions and events to the public with the desired emphasis. The City will:

Provide a lease for no more than 4.5 acres at a community level park (20-60 acres). No park sites under 20 acres will be considered for this project.

Provide technical assistance and coordinate all agreements, development plans, construction plan review, construction documents, permits, etc. with the successful proposer.

Review and have final approval of all design and construction plans. The Successful Proposer will:

Relocate any recreational amenities if needed, while retaining equal or greater quality and functionality, at the proposer’s expense.

Operate and maintain the facility.



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Be responsible for all planning, development, construction, operation and maintenance costs.

Share revenue from the operation with the City after the third year of the contract on a negotiated sliding scale.

Acquire and pay for all utilities associated with the project.

Ensure that the public has access to the project except during renovation and maintenance, or other scenarios which would make the area unsafe.

Notify the City and receive prior written approval when the facility will be closed due to one of the above mentioned scenarios.

Produce organic food with best agricultural management practices. Food shall be used on site as much as possible.

Develop free and low cost programs that showcase techniques of modern urban farming and connect the community with organically grown food and the land upon which it is grown. o Programs should include but not be limited to: highlight techniques of modern

agriculture; desert gardening, reducing the carbon footprint, organic growing, art, food health, nutrition, cooking classes, science, technology, design and engineering related to farming and agriculture.

Develop a business model that may result in the design, construction and operation of a restaurant, market, farmer’s market, café and/or greenhouse.

Cause the farm to be Arizona Good Handling Practices and Good Agricultural Practices (GHP/GAP) certified within a year of contract execution.

Be responsible for testing soils in the area where in-ground farming will be located for the presence of lead and arsenic, at a minimum, and be responsible for cleanup/removal, as necessary, and for importing clean soil if necessary.

B. General Conditions

The City will accept park site(s) from the proposer for the development of this proposal. The proposer should submit a primary desired park site and may submit a secondary site. Any identified park site should specify a water source for the farm. However, the City reserves the right to accept or reject the proposed site based on size, location, land restriction, current configuration, or other justification.

The successful proposer may be required to submit a performance bond upon contract execution.

The City shall incur no costs except for staff time for technical assistance.

A public process consisting of public notification in a two-mile radius of the park and at least two public meetings is required after award of the project, to gain community support, but prior to any construction.



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III. BUSINESS OPPORTUNITY

A. Site Description

The Site location will include all City of Phoenix parks over 20 acres in size. The City will provide no more than 4.5 acres at a community level park (20-60 acres). This RFP allows an opportunity for proposers to design and construct an education center, a concession where food/merchandise can be sold and a 2-acre working farm.

B. Desired Project This Section details the “Desired Project” that will result from a successful proposal and lists specific considerations that should be addressed in proposals. Proposers should review all referenced materials. The Desired Project should: 1. Create an appropriate project in a City park that capitalizes on its prominent

urban location. The innovative design should create functional and appropriate transitions to buildings, the farm, and the park. Ideally, the project will provide farming, education and food sales as the core business; however, the City will consider other types of appropriate development proposals. No residential use will be allowed.

2. Create enhanced pedestrian-oriented amenities promoting walkability, with pedestrian links. The proposed development provides a mix of compatible and complementary land uses that facilitate an urban feel, and may include office, retail, restaurant, or other compatible urban uses.

3. Provide tangible public benefits which may include one or more of the following:

net new jobs, business opportunities, bike racks, retail uses, and/or public art. 4. Be initiated and completed within a reasonable time period acceptable to the

City. It is the City’s desire that the proposed development be completed in the shortest timeframe possible.

5. Incorporates and implements elements of sustainability into the design,

construction, and maintenance of the proposed project. A wide range of sustainability programs and concepts can be found at phoenix.gov/sustainability..

6. Aligns with the goals of the community and adjacent neighborhoods. There are

several neighborhood and community organizations in Phoenix. A list of active neighborhood and community groups are available online at http://jphxprd.phoenix.gov/NSDAssoc/search-alpha-init.do.

http://www.phoenix.gov/sustainability

http://jphxprd.phoenix.gov/NSDAssoc/search-alpha-init.do



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7. Requests minimal, if any, City assistance and provides maximum return to the

City. There is no identified or guaranteed City funding for this project.

IV. PROPOSAL INSTRUCTIONS

A. Delivery of Proposals Each proposer must submit the following in a sealed package marked with the proposer’s name and the name of this RFP:

1 original proposal,

6 color copies of the proposal

1 e-copy of the proposal in Microsoft Word on a flash drive or CD, and

1 proposal guarantee as specified in Section I (I). Proposals must be submitted by the deadline to the address listed on page 1. Proposals received after the deadline will be disqualified as non-responsive.

B. Form of Proposals Proposals shall conform to the following format. Proposals that are incomplete; conditional; obscure; or that contain additions not requested, changes or exceptions to material provisions or requirements of this RFP; or irregularities of any kind, are subject to disqualification. Each proposal must be compiled and tabbed as described below in a loose-lead three-ring binder and each page of the proposal must be numbered. Proposers are encouraged to limit their proposals to no more than 25 double-sided letter-size pages, excluding the items listed for Tab Each proposal must include all the following:

1. Tab 1 – General Information

a. Executed Affidavit (Attachment A)

b. Proof of proposer’s authorization to transact business in Arizona and its

good standing as of the date its proposal is submitted.

c. Executive Summary (maximum 2 pages) Provide a concise summary and narrative of the overall proposal. Proposers must note in the Executive Summary if someone other than the person listed on Attachment A will serve as the proposer’s contact person for the proposal. If the proposer is a joint venture, the Executive Summary must identify the lead developer.



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2. Tab 2 – Proposed Project

Each proposer must provide: a. A narrative description of the proposed project that includes an explanation

of how the proposed project is consistent with the Desired Project described in Section II (B) and details for the operation and management of the proposed project after completion of construction.

b. Documentation of the proposed project’s feasibility, including:

1) Research/market demand data that supports the proposed project. 2) A reasonable project budget that provides sufficient project cost detail,

including construction costs, soft costs and contingencies. 3) An operating pro forma for the proposed project, including all revenues,

expenses, debt service, taxes, and other assessments. 4) The availability of sufficient water for the site.

c. Conceptual building elevations and a conceptual site plan, depicting any

applicable phasing. d. A project timeline that includes major milestones and addresses all phases

of the project including planning and design, entitlements, plan review, permits, construction, occupancy for the proposed development. Proposers should use reasonable assumptions to propose a realistic timeline.

e. A construction mitigation plan that identifies potential impacts to transit,

commercial, and residential neighbors and outlines a viable mitigation strategy.

3. Tab 3 – Financial Return to the City a. Revenue sharing proposal b. Describe the economic, fiscal, employment and other tangible public

benefits generated by the proposed development.

4. Tab 4 – Qualifications and Experience of Proposer a. Detail and describe the proposed development team and demonstrate a

track record of successfully financing, developing, completing and managing comparable projects, locally and/or nationally, including:

Clearly identify the key individuals, companies and organizational structure of proposer.



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Clearly identify roles and responsibilities of all proposed development team members.

Cite proposer’s experience successfully developing other projects of similar scale and complexity, locally and nationally, including the roles and responsibilities of proposer’s team members, and provide contact information for references for these projects.

b. Provide clear and compelling information to demonstrate proposer’s

financial capacity to execute and complete the proposed development successfully.

Describe a clear strategy to fund all proposed development costs.

Specify and clearly describe all sources, types and amounts of equity, financing, grants and other funding sources for the proposed development.

Provide documentation from potential lenders of interest in the proposed development.

Cite other projects in which the proposer has successfully worked with the proposed equity/financing/granting entities.

Provide evidence of financing for prior developments.

If tax credits are part of the proposed financing plan, provide evidence of experience in applying for and being awarded tax credits.

V. PROPOSAL EVALUATION

PRD will perform an administrative review of proposals for responsiveness. This review will focus on accurate and complete submission of proposals based on the RFP requirements. PRD reserves the sole right to determine the responsiveness of proposals. A. Evaluation Panel

PRD will appoint an evaluation panel to review the proposals and recommend a proposer to be awarded the contract resulting from this RFP. The evaluation panel may interview all proposers, a short list of proposers, or may evaluate the proposals solely on the materials submitted by the proposal deadline. In the event a short list process is used, the evaluation panel will use the evaluation criteria established in this RFP to identify the proposers moved to the short list. The short-listed proposers may then be scheduled for interviews with the evaluation panel. The evaluation panel will determine a consensus score for each evaluation criterion and the interview, which will then be added together to determine a total consensus score for each proposal.



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B. Evaluation Criteria

1. Proposed Project (40 points max) 2. Financial Return to the City (30 points max) 3. Qualifications & Experience of Proposer (30 points max)

VI. GENERAL TERMS AND CONDITIONS OF THE PROPOSAL

A. Transparency Policy

Commencing on the date and time a solicitation is published, potential or actual offerors or respondents(including their representatives) shall only discuss matters associated with the solicitation with the Mayor, any members of City Council, the City’s Parks and Recreation Board, the City Manager, any Deputy City Manager, or any department director directly associated with the solicitation (including in each case their assigned staff, except for the designated procurement officer) at a public meeting, posted under Arizona Statutes, until the resulting contract(s) are awarded to all offers or responses are rejected and the solicitation is cancelled without any announcement by the Procurement Officer of the City’s intent to reissue the same or similar solicitation. As long as the solicitation is not discussed, Offerors may continue to conduct business with the City and discuss business that is unrelated to the solicitation with the City staff who is not involved in the selection process. Offerors may discuss their proposal or the solicitation with the Mayor or one or more members of the Phoenix City Council, provided such meetings are scheduled through the Procurement Officer, and are posted as open meetings with the City Clerk at least 24 hours prior to the scheduled meetings. The City Clerk will be responsible for posting the meetings. The posted notice shall identify the participants and the subject matter, as well as invite the public to participate. With respect to the selection of the successful Offerors, the City Manager and/or City Manager's Office will continue the past practice of exerting no undue influence on the process. In all solicitations of bids and proposals, any direction on the selection from the City Manager and/or City Manager's Office and Department Head (or representative) to the proposal review panel or selecting authority must be provided in writing to all prospective Offerors. This policy is intended to create a level playing field for all Offerors, assure that contracts are awarded in public, and protect the integrity of the selection process. PROPOSERS THAT VIOLATE THIS POLICY SHALL BE DISQUALIFIED. After official Notice is received by the City for disqualification, the Proposer may follow the Protest process, unless the Solicitation is cancelled without notice of intent to re-issue.



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“To discuss” means any contact by the proposer, regardless of whether the City responds to the contact. Offerors that violate this policy shall be disqualified until the resulting contract(s) are awarded, or all offers or responses are rejected and the solicitation is cancelled without any announcement by the Procurement Officer of the City’s intent to reissue the same or a similar solicitation. The City interprets the policy as continuing through a cancellation of a solicitation until Council award of the contract, as long as the City cancels with a statement that the City will rebid the solicitation.

B. Materials Submitted All materials submitted by proposers shall become the property of the City and become a matter of public record available for review pursuant to Arizona law. Each proposer shall mark any information submitted as part of its proposal that the proposer deems confidential or proprietary (collectively Confidential Information). If the City receives a request to review or disclose such Confidential Information, the City will provide the proposer written notice of the request to allow the proposer the opportunity to obtain a court order to prevent the disclosure or review of such Confidential Information. The proposer must obtain and deliver to the Procurement Officer a court order within seven calendar days of the date of the City’s written notice. If no court order is issued and received by the Procurement Officer within the seven-day period, the City may disclose or allow the review of such Confidential Information. If a proposer intends to seek a Court Order to shield its Confidential Information, the protest period will be extended the same number of calendar days to allow for this process.

C. Award Recommendation

On the day the City posts the award recommendation at phoenix.gov/finance/businessopportunities/bid-awards-and-recommendations, the procurement file for this RFP will be available for proposers and the public to review. The procurement file consists of all proposals, the RFP and all addenda, advertising documents, agendas, meeting minutes, presentations (if any), signed conflict of interest statements by evaluation panel members, and evaluation panel consensus scoring.

D. Negotiations Once the award recommendation has been posted, the City may negotiate business terms with a proposer. The Procurement Officer will provide the recommended proposer with written authorization to negotiate with specific City staff. Communication between the recommended proposer and any City staff or City officials not authorized by the Procurement Officer will still be subject to the Transparency Policy listed in Section VI (A).



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The commencement of negotiations does not commit the City to accept all the terms of the proposal and negotiations may be terminated by the City at any time. These negotiations may result in minor or material changes to the proposal, including both the business terms and the project. Successful negotiations will result in an award recommendation to the City Council and a “Letter of Intent” stating the City’s intent to enter a contract with the recommended proposer on specified business terms. Following required approvals, City-drafted contracts addressing business terms and performance benchmarks will be entered between the parties. City staff alone shall be responsible for negotiating business terms with recommended proposers. The City reserves the right to reject, in whole or in part, any or all proposals. The terms and conditions of any contract resulting from this RFP process are subject to approval by the Phoenix City Council and the Phoenix Parks and Recreation Board.

E. Community Involvement The recommended proposer must seek community input as needed and make reasonable efforts to address, incorporate or respond to community input.

F. City’s Reservation of Rights The City reserves the right to take any course of action the City deems appropriate at the City's sole and absolute discretion, which may include: 1. Waiving any defects or informalities in any proposal or proposing procedure; 2. Accepting or rejecting any or all proposals or any part of any or all proposals; 3. Canceling the RFP in part or in its entirety; 4. Reissuing the RFP with or without modification; 5. Negotiating with any qualified proposer; 6. Extending the deadline for proposals; and/or 7. Requesting additional information from any or all proposers.

G. City's Right to Disqualify for Conflict of Interest The City reserves the right to disqualify any proposer that fails to provide information or data requested herein or that provides materially inaccurate or misleading information or data. The City reserves the right to disqualify any proposer on the basis of any real or apparent conflict of interest that is disclosed by the proposals submitted or any other data available to the City. This disqualification is at the sole discretion of the City. By submission of a proposal hereunder, the proposer waives any right to object now or at any future time, before any body or agency, including but not limited to, the City Council, the Phoenix Parks and Recreation Board or any court, as to the exercise by the City of such right to disqualify or as to any disqualification by reason of real or apparent conflict of interest determined by the City.



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Additionally, any proposer or any member or affiliate of a proposing team that currently contracts with the City must be in good standing for its proposal to be considered responsive. For the purpose of this RFP, good standing refers to compliance with all contractual provisions, including payment of all financial obligations.

H. Preparation Costs

Under no circumstance will the City be responsible for any costs incurred by anyone in: 1) responding to this RFP; 2) in any subsequent follow up to the proposal; or 3) in any subsequent negotiations of a contract.

I. Additional Investigations

The City reserves the right to make such additional investigations as it deems necessary to establish the competence and financial stability of any proposer submitting a proposal, including, without limitation, information provided by former employees and/or creditors.

J. Proposer Certification and Affidavit

By submitting a proposal, each proposer certifies it has not paid or agreed to pay any fee or commission, or any other item of value contingent on the award of a contract to any employee, official or current contracting consultant of the City. Any proposer unable to comply with any required certifications may be disqualified. In compliance with Arizona Revised Statutes §§ 1-501 and -502, the City shall require any successful proposer that submits its proposal as a sole proprietorship or as an individual to complete the Affidavit of Lawful Presence prior to the award of any contract resulting from this process.

K. Covenant Against Contingent Fees Paid to Proposer By submitting a proposal, the proposer certifies it has not employed or retained any person or company, other than a member of its proposed team or a bona fide employee working solely for the proposer, to solicit or secure the contract described in this RFP, and that no contract has been made to pay the proposer or any member of its team any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or execution of such contract. For breach or violation of this certification, the City shall have the right to annul any contract entered into with a proposer as result of this RFP without liability, or in its discretion to deduct the contract price or consideration, or otherwise, recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

https://www.phoenix.gov/educationsite/Documents/LawfulPresenceForm.pdf



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L. No Gratuities

Proposers shall not offer any gratuities, favors, or anything of monetary value to any official or employee of the City nor its advisors for the purposes of influencing this selection. Any attempt to influence the selection process by any means, other than disclosure of qualifications and credentials through the proper channels, shall be grounds for exclusion from the selection process.

M. Protests

A proposer that submits a proposal that is disqualified may challenge the disqualification by filing a protest within seven calendar days of the date of the City’s notice of disqualification. An unsuccessful proposer may challenge an award recommendation by filing a protest within seven calendar days after the award recommendation has been posted at https://www.phoenix.gov/finance/business-opportunities/bid-awards-and-recommendations. Proposers that have had their proposals disqualified may not protest an award recommendation. All protests must be in writing, filed with the Procurement Officer listed on page one, and include all of the following: 1. Name of the RFP challenged; 2. Name, address and telephone number of the protester; 3. Detailed statement of the legal and factual grounds of the protest including

copies of relevant documents; 4. Form of relief requested; and 5. The signature of the protester or its legal representative. The PRD Director, or the Director’s designee, will not review any supplements or amendments to a proposer’s original protest or any additional protests submitted by the same proposer. The PRD Director, or the Director’s designee, will issue a written decision within a reasonable period of the protest filing. The Procurement Officer may provide copies of the protest and the written decision to the proposer recommended for contract award.

VII. STANDARD CONTRACT PROVISIONS

The submission of a proposal in response to this RFP constitutes the agreement of the proposer that any contract resulting from this RFP will be prepared by the City. The submission of a proposal shall further constitute the agreement of the proposer that it will not insist on the use of standard contract agreements, documents or forms, and that it waives any demand for the use of its standard agreements. Pursuant to the City Charter, the language of the contract to be executed will be drafted under the supervision of the City Attorney and shall be the controlling document.

https://www.phoenix.gov/finance/business-opportunities/bid-awards-and-recommendations

https://www.phoenix.gov/finance/business-opportunities/bid-awards-and-recommendations



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A. Indemnification Clause

Contractor (Indemnitor) must indemnify, defend, save and hold harmless the City of Phoenix and its officers, officials, agents, and employees ( “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (“Claims”) caused, or alleged to be caused, in whole or in part, by the wrongful, negligent or willful acts, or errors or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors in connection with this Contract. This indemnity includes any Claims arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of Contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. Contractor must indemnify Indemnitee from and against any and all Claims, except those arising solely from Indemnitee’s own negligent or willful acts or omissions. Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification applies. In consideration of the award of this Contract, Contractor waives all rights of subrogation against Indemnitee for losses arising from the work performed by Contractor for the City. The obligations of Contractor under this provision survive the termination or expiration of this Contract.

B. General Operating Insurance Requirements Contractor and subcontractors must procure insurance against claims that may arise from or relate to performance of the work hereunder by Contractor and its agents, representatives, employees and subcontractors. Contractor and subcontractors must maintain that insurance until all of their obligations have been discharged, including any warranty periods under this Contract.

These insurance requirements are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The City in no way warrants that the minimum limits stated in this section are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this contract by the Contractor, its agents, representatives, employees or subcontractors and Contractor is free to purchase additional insurance as may be determined necessary.

1. Minimum Scope And Limits Of Insurance

Contractor must provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a “following form” basis. Contractor may use a Farm, Agribusiness or Package Policy to meet the requirements below.



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1.1 Commercial General Liability – Occurrence Form Policy must include bodily injury, property damage, and broad form contractual liability coverage.

General Aggregate $2,000,000 Products – Completed Operations Aggregate $2,000,000 Each Occurrence $2,000,000 Liquor Liability $1,000,000

The policy must be endorsed to include the following additional insured language: “The City of Phoenix is named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor.”

1.2 Automobile Liability Bodily Injury and Property Damage coverage for any owned, hired, and non- owned vehicles used in the performance of this Contract. Combined Single Limit (CSL) $1,000,000

The policy must be endorsed to include the following additional insured language: “The City of Phoenix is named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor, including automobiles owned, leased, hired or borrowed by the Contractor.”

1.3 Worker’s Compensation and Employers’ Liability Workers’ Compensation Statutory Employers’ Liability Each Accident $100,000 Disease – Each Employee $100,000 Disease – Policy Limit $500,000

Policy must contain a waiver of subrogation against the City of Phoenix.

This requirement does not apply when a contractor or subcontractor is exempt under A.R.S. §23-902(E), AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form.

The Commercial General and Automobile Liability policies must include, or be endorsed to include, the following provisions:



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On insurance policies where the City of Phoenix is named as an additional insured, the City of Phoenix is an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract.

The Contractor’s insurance coverage must be primary insurance and non-contributory with respect to all other available sources.

2. CONSTRUCTION INSURANCE REQUIREMENTS

2.1 Builders’ Risk Insurance or Installation Floater When the Contractor is constructing on the property, Contractor or subcontractor(s) must provide Builders’ Risk or an Installation Floater in an amount equal to the initial Contract Amount plus additional coverage equal to Contract Amount for all subsequent change orders.

2.1.1 The City of Phoenix, the Contractor and subcontractors, must be Insureds on the policy.

2.1.2 Coverage must be written on an all risk, replacement cost basis and must

include coverage for soft costs, flood and earth movement.

2.1.3 Policy must be maintained until whichever of the following must first occur: (1) final payment has been made; or, (2) until no person or entity, other than the City of Phoenix, has an insurable interest in the property required to be covered.

2.1.4 Policy must be endorsed such that the insurance must not be canceled

or lapse because of any partial use or occupancy by the City.

2.1.5 Policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site.

2.1.6 Policy must contain a waiver of subrogation against the City of Phoenix.

2.1.7 Contractor is responsible for the payment of all policy deductibles.

3. ENVIRONMENTAL LIABILITY INSURANCE REQUIREMENTS

3.1 Contractor’s Pollution Liability For losses caused by pollution conditions that arise from the operations of the



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Contractor as described in the Scope of Services section of this Contract. Per Occurrence $1,000,000 General Aggregate $2,000,000

The policy should be written on an “occurrence” basis with no sunset clause or if written on a “claims-made” basis, it must be maintained for a period of

not less than 8 years with the retroactive date to be prior to or held constant with the date of this contract.

Such insurance must name the City of Phoenix and its subsidiaries and affiliates as Additional Insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor.

The policy must provide coverage for pollution conditions that arise from the operations of the contractor described under the scope of services of the contract. The policy should include the following coverages:

o Bodily injury, sickness, disease, mental anguish or shock sustained by any

person, including death and medical monitoring costs. o Property damage including physical injury to or destruction of tangible

property including the resulting loss of use thereof, cleanup costs, and the loss if use of tangible property that has not been physically injured or destroyed including diminution in value.

o Environmental damage including physical damage to soil, surfacewater or groundwater, or plant or animal life, caused by Pollution Conditions and giving rise to Clean-Up Costs.

o Defense including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensation damages

o Asbestos or lead – no exclusion o Mold coverage o Transportation cargo o Non-Owned Disposal Site coverage

Should any of the work involve treatment, storage or disposal of hazardous wastes from the job site, Contractor must furnish an insurance certificate from the designated disposal facility establishing that the facility operator maintains current Pollution Legal Liability Insurance in the amount of not less than $1,000,000 per occurrence/$2,000,000 annual aggregate and will cover sudden and gradual pollution losses arising from the facility, associated with work performed under this agreement.

4. ADDITIONAL INSURANCE REQUIREMENTS

1. NOTICE OF CANCELLATION: For each insurance policy required by the

insurance provisions of this Contract, the Contractor must provide to the City,



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within 2 business days of receipt, a notice if a policy is suspended, voided or cancelled for any reason. Such notice must be mailed, emailed, hand delivered or sent by facsimile transmission to Michael R. Smiley 200 W. Washington Street Phoenix Az. 85003 [email protected].

2. ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers

duly licensed or authorized to do business in the state of Arizona and with an “A.M. Best” rating of not less than B+ VI. The City in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

3. VERIFICATION OF COVERAGE: Contractor must furnish the City with certificates of insurance (ACORD form or equivalent approved by the City) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

All certificates and any required endorsements are to be received and approved

by the City before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract or to provide evidence of renewal is a material breach of contract. All certificates required by this Contract must be sent directly to Michael R. Smiley 200 W. Washington Street Phoenix Az. 85003 [email protected]. The City project/contract number and project description must be noted on the certificate of insurance. The City reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE CITY’S RISK MANAGEMENT DIVISION.

4. SUBCONTRACTORS: Contractors’ certificate(s) must include all

subcontractors as additional insureds under its policies or Contractor must furnish to the City separate certificates and endorsements for each subcontractor. All coverages for subcontractors must be subject to the minimum requirements identified above.

5. APPROVAL: Any modification or variation from the insurance requirements

in this Contract must be made by the Law Department, whose decision is final. Such action will not require a formal Contract amendment, but may be made by administrative action.

6. INSURANCE UPDATE: In view of the long-term nature of the contract, the

parties agree that the City may require an update to the limits, types or extent of coverage of the insurance requirements every five years after the inception of the contract, subject to the Approval section above.




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C. Legal Worker Requirements

The City is prohibited by A.R.S. § 41-4401 from awarding an agreement to any contractor that fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A). Therefore, each proposer agrees by submitting a proposal that: 1. The proposer and each subcontractor it uses warrants their compliance with all

federal immigration laws and regulations that relate to their employees and their compliance with § 23-214 (A).

2. A breach of a warranty under paragraph 1 shall be deemed a material breach

of the agreement and is subject to penalties up to and including termination of the agreement.

3. The City retains the legal right to inspect the papers of the proposer or

subcontractor employee(s) that work(s) on this agreement to ensure that contractor or subcontractor is complying with the warranty under paragraph 1.

D. Applicable Law

Any and all disputes arising under any contract to be negotiated hereunder or out of the proposals herein called for shall be governed according to the laws of the State of Arizona, and the proposer shall agree that the venue for any such action brought to enforce provisions of the contract shall be in the State of Arizona.

E. Organization Employment Disclaimer Any contract resulting from this RFP will not constitute, create, give rise to or otherwise recognize an agreement or relationship, partnership or formal business organization of any kind between the City and the proposer as contractor, and the rights and obligations of the parties shall only be those expressly set forth therein. The recommended proposer will be required to agree as part of any contract resulting from this process that no person supplied by it in the performance of the contract is an employee of the City, and further agree that no rights of the City’s Civil Service, Retirement or Personnel Rules accrue to any such persons. Any contracting party shall have the total responsibility for all salaries, wages, bonuses, retirement, withholdings, workmen’s compensation, occupational disease compensation, insurance unemployment compensation, other benefits, taxes, and premiums appurtenant thereto concerning such persons provided by such party in the performance of the contract, and shall save and hold the City harmless with respect thereto.

F. Discrimination Prohibited Contractor agrees to abide by the provisions of the Phoenix City Code Chapter 18, Article V as amended.



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G. Equal Employment Opportunity Requirements

Any contractor, in performing under this contract, will not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age or disability nor otherwise commit an unfair employment practice. The supplier and/or lessee will take action to ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, or national origin, age or disability and adhere to a policy to pay equal compensation to men and women who perform jobs that require substantially equal skill, effort and responsibility, and that are performed within the same establishment under similar working conditions. Such action will include but not be limited to the following: Employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The supplier further agrees that this clause will be incorporated in all subcontracts with all labor organizations furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this contract. Contractor further agrees that this clause will be incorporated in all subcontracts, job-contractor agreements or subleases of this agreement entered into by supplier/lessee. EQUAL EMPLOYMENT OPPORTUNITY AND PAY: In order to do business with the City, Contractor must comply with Phoenix City Code, 1969, Chapter 18, Article V, as amended, Equal Employment Opportunity Requirements. Contractor will direct any questions in regard to these requirements to the Equal Opportunity Department, (602) 262-6790. For a Contractor with 35 employees or fewer: Contractor in performing under this Agreement shall not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age, or disability, nor otherwise commit an unfair employment practice. The Contractor will ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, national origin, age, or disability. Such action shall include but not be limited to the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The Contractor further agrees that this clause will be incorporated in all subcontracts related to this Agreement that involve furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this Agreement. Contractor further agrees that this clause will be incorporated in all subcontracts, Contractor agreements or subleases of this agreement entered into by supplier/lessee.



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For a Contractor with more than 35 employees: Contractor in performing under this Agreement shall not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age, or disability, nor otherwise commit an unfair employment practice. The Contractor will ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, national origin, age, or disability, and shall adhere to a policy to pay equal compensation to men and women who perform jobs that require substantially equal skill, effort, and responsibility, and that are performed within the same establishment under similar working conditions. Such action shall include but not be limited to the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The Contractor further agrees that this clause will be incorporated in all subcontracts with all labor organizations furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this contract. Contractor further agrees that this clause will be incorporated in all subcontracts, job-Contractor agreements or subleases of this Agreement entered into by supplier/lessee. The Contractor further agrees not to discriminate against any worker, employee or applicant, or any member of the public, because of sexual orientation or gender identity or expression and shall ensure that applicants are employed, and employees are dealt with during employment without regard to their sexual orientation or gender identity or expression.

H. Disclosure of Confidential and Proprietary Information All materials submitted by proposers shall become the property of the City and become a matter of public record available for review pursuant to Arizona law. Each proposer shall mark any information submitted as part of its proposal that the proposer deems confidential or proprietary (collectively Confidential Information). If the City receives a request to review or disclose such Confidential Information, the City will provide the proposer written notice of the request to allow the proposer the opportunity to obtain a court order to prevent the disclosure or review of such Confidential Information. The proposer must obtain and deliver to the Procurement Officer a court order within the time specified in the City’s written notice. If no court order is issued and received by the Procurement Officer within the time specified, the City may disclose or allow the review of such Confidential Information. If a proposer intends to seek a Court Order to shield its Confidential Information, the protest period will be extended the same number of days to allow for this process.

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ATTACHMENT C

SOLICITATION CONFLICT AND TRANSPARENCY DISCLOSURE FORM

All questions must be answered or your bid or proposal will be non-responsive.

1. Name of person submitting this disclosure form.

First: M.I. Last: Suffix:

2. Contract information.

a) Solicitation # or Name:

3. Name of individual(s) or entity(ies) seeking a contract with the City (i.e. parties to

the contract).

4. List any individual(s) or entity(ies) that is a partner, parent, joint venture, or

subsidiary entity(ies) of the individual or entity listed in Question 3.

Not applicable. Contracting party(ies) does not have partner, parent, joint venture,

or subsidiary entities.

Names of partner, parent, joint venture or subsidiary entities, and all board

members, executive committee members, and officers of each entity:

5. List any individuals or entities that will be subcontractors on this contract.

Not applicable. No subcontracts will be retained for this contract.

Subcontractors may be retained, but have not been selected at the time of this

submission.

List of subcontracts, including the name of the owner(s), and business name:

6. List any attorneys, lobbyist, or consultants retained by any individuals listed in

Question 3, 4, or 5 to assist in seeking this contract.



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Not applicable. No attorneys, lobbyists, or consultants have been retained to assist

in seeking this contract.

List of attorneys, lobbyist, or consultants retained to assist in seeking this contract:

7. Disclosure of conflict of interest.

Are you aware of any fact(s) with regard to this contract that would raise a “conflict of

interest” issue under Section 43-34 of the City Code or A.R.S. 38-501 et. seq.? I am not aware of any conflict(s) of interest under Section 43-34 of the City Code.

I am aware of the following conflict(s) of interest:

Notice Regarding Prohibited Interest in Contracts.

Please be aware, State Law and the City’s Charter and Code prohibits public officers

or employees as well as their close relatives and any businesses they or their relatives

own from (1) representing any person or business for compensation or (2) doing

business with the City by any means than through a formal procurement; or (3) doing

business with the City without disclosing the interest. The prohibition extends to

subcontracts on City contracts, and would also apply to parent, subsidiary or partner

businesses owned by the member of the board or commission and their family. A.R.S.

Section 38-501 et. seq., for more information (City Charter, Chapter 11, Section 1

applies the state law for conflict of interest to city employees).

Please note that any contract in place at the time the applicant becomes a City officer

may remain in effect, but cannot be amended, extended, modified, or changed in any

manner during the officer’s City service.

Acknowledgements

a. Solicitation Transparency Policy - No Contact with City Officials or Staff during Contract Evaluation

I understand that a person or entity who seeks or applies for a city contract or any other person acting on behalf of that person or entity is prohibited from contacting



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city officials and employees regarding the contract after a Request for Proposal (RFP), Request for Qualification (RFQ), or other solicitation has been released.

This no-contact provision shall conclude when the contract is awarded at a City

Council meeting. If contact is required with City official or employees, the contact will take place in accordance with procedures by the City. Violation of this prohibited contacts provision set out in Section 43-34 & 43-36 of the City Code by respondents, or their agents, may lead to disqualification.

Oath

I swear or affirm that the statements contained in this Form, including any

attachments, to the best of my knowledge are belief are true, correct, and complete.

Your Name: Title:

Company Name or DBA: Date:



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ATTACHMENT B

AFFIDAVIT - ASSURANCES The undersigned proposer hereby submits to the City of Phoenix (City) the enclosed proposal based upon all terms and conditions set forth in the City’s Request for Proposals (RFP) and referenced materials. Proposer further specifically agrees hereby to provide services in the manner set forth in the proposal submitted by the proposer. The undersigned proposer acknowledges and states, under penalty of perjury, as follows: 1. The City is relying on proposer’s submitted information and the representation that

proposer has the capability to successfully undertake and complete the responsibilities and obligations submitted in its proposal and in the resulting contract.

2. The City has the right to make any further inquiry it deems appropriate to substantiate

or supplement information supplied by proposer.

3. Proposer has read and fully understands all the provisions and conditions set forth in the RFP documents, upon which its proposal is based.

4. The forms and information requested in the RFP are complete and made part of the proposal. The City is not responsible for any proposer errors or omissions.

5. This proposal may be withdrawn by requesting such withdrawal in writing at any time

prior to the proposal deadline but may not be withdrawn after such date and time.

6. The City reserves the right to reject any and all proposals and to accept the proposal that, in its judgment, will provide the best quality development to the City.

7. This proposal is valid for a minimum of 120 days after the RFP proposal deadline.

8. All costs incurred by proposer in connection with this proposal shall be borne solely

by proposer. Under no circumstances shall the City be responsible for any costs associated with proposer’s proposal or the RFP process.

9. Proposer has not in any manner, directly or indirectly, conspired with any person or

party to unfairly compete or compromise the competitive nature of the RFP process.

10. The contents of this proposal have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this proposal.

11. To the best of the proposer’s knowledge, the information provided in its proposal is

true and correct and neither the undersigned proposer nor any partner, corporate officer or managing employee have ever been convicted of a felony or a crime involving moral turpitude.



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References Proposer shall furnish the names and contact information for 3 clients for whom the proposer is furnishing or has furnished services similar to those described in this RFP. Do not list City of Phoenix employees or officials as references. 1. Company and Reference Name:

______________________________________________________ Telephone and E-Mail: ______________________________________________________________

2. Company and Reference Name: ______________________________________________________ Telephone and E-Mail: ______________________________________________________________

3. Company and Reference Name: ______________________________________________________ Telephone and E-Mail: ______________________________________________________________

Signature(s)

Proposer’s Contracting Entity (Legal Name1): 1The successful proposer must be authorized to transact business in Arizona and be in good standing prior to contract award.

Printed Name of Authorized Representative*:

Title:

Business Mailing Address:

Telephone and Email Address:

Signature: *Proposal must be signed by an individual authorized to contractually bind the proposer.

Name of Joint Venture Partner (if applicable):

Printed Name of Authorized Representative*:

Title:



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Business Mailing Address:

Telephone and Email Address:

Signature: *Proposal must be signed by an individual authorized to contractually bind the joint venture partner.

NOTARIZED Signed and sworn before me this , day of ,

Notary Signature: ____________________________

Affix Seal:

My Commission Expires: ______________________

Request for Proposals (RFP) for the DEVELOPMENT … proposer or a management staff member, ......

Documents

Transcript of Request for Proposals (RFP) for the DEVELOPMENT … proposer or a management staff member, ......