200217-CONTRACT-ARCHAEOLOGICAL CONSULTING.PDF
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CONTRACT ENVIRONMENTAL SERVICES 200217-ITN
This contract is entered into this 21st day of October 2020 by and between Maricopa County (“County”), a
political subdivision of the State of Arizona, and Archaeological Consulting Services, Ltd., an Arizona
corporation (“Contractor”) for environmental services on demand.
1.0
CONTRACT TERM
1.1
This contract is for a term of two years, beginning on the 21st day of October 2020 and
ending the 31st day of October 2022.
2.0
OPTION TO RENEW
The County may, at its option and with the concurrence of the Contractor, renew the term of this
contract up to a maximum of four additional year(s), (or at the County’s sole discretion, extend the
contract on a month-to-month basis for a maximum of six months after expiration). The Contractor
shall be notified in writing by the Office of Procurement Services of the County’s intention to renew
the contract term at least 60 calendar days prior to the expiration of the original contract term.
3.0
CONTRACT COMPLETION
In preparation for contract completion, the Contractor shall make all reasonable efforts for an
orderly transition of its duties and responsibilities to another provider and/or to the County. This
may include, but is not limited to, preparation of a transition plan and cooperation with the County
or other providers in the transition. The transition includes the transfer of all records and other data
in the possession, custody, or control of the Contractor that are required to be provided to the
County either by the terms of this agreement or as a matter of law. The provisions of this clause
shall survive the expiration or termination of this agreement.
4.0
PRICE ADJUSTMENTS
Any requests for reasonable price adjustments must be submitted 60 calendar days prior to
contract expiration. Requests for adjustment in cost of labor and/or materials must be supported
by appropriate documentation. The reasonableness of the request will be determined by comparing
the request with the Consumer Price Index or by performing a market survey. If County agrees to
the adjusted price terms, County shall issue written approval of the change and provide an updated
version of the contract. The new change shall not be in effect until the date stipulated on the
updated version of the contract.
5.0
PAYMENTS
5.1
As consideration for performance of the duties described herein, County shall pay
Contractor the sum(s) stated in Exhibit A– Pricing Sheet.
5.2
Payment shall be made upon the County’s receipt of a properly completed invoice.
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5.3
INVOICES
5.3.1
The contractor shall submit one legible copy of their detailed invoice before
payment(s) will be made. Incomplete invoices will not be processed. At a
minimum, the invoice must provide the following information:
•
Company name, address, and contact information
•
County bill-to name and contact information
•
Contract serial number
•
County purchase order number
•
Project name and/or number
•
Invoice number and date
•
Payment terms
•
Date of service or delivery
•
Quantity
•
Contract item number(s)
•
Arrival and completion time
•
Description of purchase (product or services)
•
Pricing per unit of purchase
•
Extended price
•
Freight (if applicable)
•
Mileage with rate (if applicable)
•
Total amount due
5.3.2
Labor, services, and maintenance must be billed as a separate line item.
5.3.3
Problems regarding billing or invoicing shall be directed to the County department
as listed on the purchase order.
5.3.4
Contractors may submit monthly invoices, or for an alternative billing cycle, during
the performance of a project to the County department for payment. However,
payment shall only be for the amount of work completed and accepted by the
County department project manager or project coordinator for that applicable
billing cycle.
5.3.5
In no instance will the amount(s) being invoiced differ from the firm-fixed prices
established in the final project contract and any subsequent approved written PA’s.
5.3.6
The County department shall not be charged for contractor time needed to bring
new key personnel to the level of site knowledge of previous key personnel. This
shall include becoming familiar with the specific characteristics and special
requirements of the project area. If the contractor replaces key personnel, it shall
not affect their commitment to meet all schedules and deliverables.
5.3.7
Any overtime and/or double-time must be pre-approved, in writing, by the County
department, if the contractor anticipates billing the County department for such
overtime and/or double-time.
5.3.8
All work associated and approved through a PA must be so identified on all
invoices.
5.3.9
If required by the County department, the contractor shall:
5.3.9.1
Provide invoices, which itemize individual personnel on the invoice
indicating the actual hours worked, the hourly rate, personnel
classification, level, and the extended amount of fees being billed.
5.3.9.2
Support all use of capitalized equipment; include actual time for
mobilization, set-up (if required), and demobilization.
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5.3.9.3
Support all hours worked with a detailed time sheet, which outlines the
hours worked each day; all charges billed must be relative to the
technical task. If the project entails work by the contractor at more than
one area, the County department may additionally direct the contractor
to report the number of hours worked by area.
5.3.9.4
Provide separate invoices from all subcontractors, rentals, materials,
and for all equipment used. Such invoices shall outline the use and/or
services worked. Charges billed must be relative to the project. If the
project entails work by a subcontractor at more than one area, the
County department may additionally direct the contractor to report the
additional services worked by area.
5.3.9.5
Provide receipts for all lodging and subsistence with services provided
where the project area is 36 or more miles from the intersection of 3rd
Avenue and Jefferson Street, Phoenix. The contractor must provide
motel and meal receipts with the invoice. Mileage will only be allowed
for the 36 miles or more identified above, and then only for the overage
in both directions.
5.3.10 Stand-By Time
5.3.10.1 The contractor shall not receive any payment whatsoever for standby
time (i.e., labor and equipment either on site or held elsewhere and not
used in conjunction with the project) for labor, equipment, or materials if
such stand-by time is the fault of the contractor or any subcontractor.
Payment shall be made only for equipment, labor, and material actually
used, with provisions for payment for equipment in transit, portal to
portal.
5.3.10.2 However, stand-by time, if 30 minutes or more, will be an authorized
charge if such delays are due to the fault of the County department or
any of its agents. Costs for stand-by time may be negotiated between
the contractor and the County department at the time of the PA.
5.3.11 Final Payment
Final payment will be made no later than 60 calendar-days after completion of a
project and acceptance by the County department. The contractor shall submit
invoices marked “FINAL” to the County department project manager or
coordinator. Failure to submit final invoices within this time frame may result in
payments being delayed. The 60 calendar-days requirement may be extended
with the written approval of the County department.
5.3.12 Payment will only be made to the contractor by Accounts Payable through the
Maricopa County Vendor Express Payment Program. This is an Electronic Funds
Transfer (EFT) process. After contract award, the Contractor shall complete the
Vendor Registration Form accessible from the County Department of Finance
Vendor
Registration
Web
Site
https://www.maricopa.gov/5169/Vendor-
Information.
5.3.13 Discounts offered in the contract shall be calculated based on the date a properly
completed invoice is received by the County.
5.3.14 EFT payments to the routing and account numbers designated by the contractor
shall include the details on the specific invoices that the payment covers. The
contractor is required to discuss remittance delivery capabilities with their
designated financial institution for access to those details.
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5.4
APPLICABLE TAXES
5.4.1
It is the responsibility of the Contractor to determine any and all applicable taxes
and include those taxes in their proposal. The legal liability to remit the tax is on
the entity conducting business in Arizona. Tax is not a determining factor in
contract award.
5.4.2
The County will look at the price or offer submitted and will not deduct, add, or alter
pricing based on speculation or application of any taxes, nor will the County
provide Contractor any advice or guidance regarding taxes. If you have questions
regarding your tax liability, seek advice from a tax professional prior to submitting
your bid. You may also find information at https://www.azdor.gov/Business.aspx.
Once your bid is submitted, the offer is valid for the time specified in this solicitation,
regardless of mistake or omission of tax liability. If the County finds overpayment
of a project due to tax consideration that was not due, the Contractor will be liable
to the County for that amount, and by contracting with the County agrees to remit
any overpayments back to the County for miscalculations on taxes included in a
bid price.
5.4.3
Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State,
and local taxes applicable to their operation and any persons employed by the
Contractor. Contractor shall, and require all subcontractors to, hold Maricopa
County harmless from any responsibility for taxes, damages, and interest, if
applicable, contributions required under Federal and/or State and local laws and
regulations, and any other costs including: transaction privilege taxes,
unemployment
compensation
insurance,
Social
Security,
and
workers’
compensation. Contractor may be required to establish, to the satisfaction of
County, that any and all fees and taxes due to the City or the State of Arizona for
any license or transaction privilege taxes, use taxes, or similar excise taxes are
currently paid (except for matters under legal protest).
6.0
AVAILABILITY OF FUNDS
6.1
The provisions of this contract relating to payment for services shall become effective when
funds assigned for the purpose of compensating the Contractor as herein provided are
actually available to County for disbursement. The County shall be the sole judge and
authority in determining the availability of funds under this contract. County shall keep the
Contractor fully informed as to the availability of funds.
6.2
If any action is taken by, any State agency, Federal department, or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in
connection with, this contract, County may amend, suspend, decrease, or terminate its
obligations under, or in connection with, this contract. In the event of termination, County
shall be liable for payment only for services rendered prior to the effective date of the
termination, provided that such services are performed in accordance with the provisions
of this contract. County shall give written notice of the effective date of any suspension,
amendment, or termination under this section, at least 10 days in advance.
7.0
STRATEGIC ALLIANCE for VOLUME EXPENDITURES (SAVE)
The County is a member of the SAVE cooperative purchasing group. SAVE includes the State of
Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts.
Under the SAVE Cooperative Purchasing Agreement, and with the concurrence of the successful
respondent under this solicitation, a member of SAVE may access a contract resulting from a
solicitation issued by the County. If you do not want to grant such access to a member of SAVE,
state so in your bid. In the absence of a statement to the contrary, the County will assume that you
do wish to grant access to any contract that may result from this bid. The County assumes no
responsibility for any purchases by using entities.
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8.0
INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPAs)
County currently holds ICPAs with numerous governmental entities. These agreements allow those
entities, with the approval of the Contractor, to purchase their requirements under the terms and
conditions of the County contract. It is the responsibility of the non-County government entity to
perform its own due diligence on the acceptability of the contract under its applicable procurement
rules, processes, and procedures. Certain governmental agencies may not require an ICPA and
may utilize this contract if it meets their individual requirements. Other governmental agencies may
enter into a separate Statement of Work with the Contractor to meet their own requirements. The
County is not a party to any uses of this contract by other governmental entities.
9.0
DUTIES
9.1
The Contractor shall perform all duties stated in Exhibit B – Scope of Work, or as otherwise
directed in writing by the procurement officer.
9.2
During the contract term, County may provide Contractor’s personnel with adequate
workspace for consultants and such other related facilities as may be required by
Contractor to carry out its contractual obligations.
10.0
TERMS AND CONDITIONS
10.1
INDEMNIFICATION
10.1.1
To the fullest extent permitted by law, and to the extent that claims, damages,
losses, or expenses are not covered and paid by insurance purchased by the
Contractor, the Contractor shall defend, indemnify, and hold harmless the
County (as “Owner”), its agents, representatives, officers, directors, officials, and
employees from and against all claims, damages, losses, and expenses
(including, but not limited to attorneys' fees, court costs, expert witness fees, and
the costs and attorneys' fees for appellate proceedings) arising out of, or alleged
to have resulted from, the negligent acts, errors, omissions, or mistakes relating
to the performance of this contract.
10.1.2
Contractor's duty to defend, indemnify, and hold harmless the County, its agents,
representatives, officers, directors, officials, 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 of, or destruction of
tangible property, including loss of use resulting therefrom, caused by negligent
acts, errors, omissions, or mistakes in the performance of this contract, but only
to the extent caused by the negligent acts or omissions of the Contractor, a
subcontractor, anyone directly or indirectly employed by them, or anyone for
whose acts they may be liable, regardless of whether or not such claim, damage,
loss, or expense is caused in part by a party indemnified hereunder.
10.1.3
The amount and type of insurance coverage requirements set forth herein will in
no way be construed as limiting the scope of the indemnity in this section.
10.1.4
The scope of this indemnification does not extend to the sole negligence of
County.
10.2
INSURANCE
10.2.1
Contractor, at Contractor’s own expense, shall purchase and maintain, at a
minimum, the herein stipulated insurance from a company or companies duly
licensed by the State of Arizona and possessing an AM Best, Inc. category rating
of B++. In lieu of State of Arizona licensing, the stipulated insurance may be
purchased from a company or companies, which are authorized to do business
in the State of Arizona, provided that said insurance companies meet the
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approval of County. The form of any insurance policies and forms must be
acceptable to County.
10.2.2
All insurance required herein shall be maintained in full force and effect until all
work or service required to be performed under the terms of the contract is
satisfactorily completed and formally accepted. Failure to do so may, at the sole
discretion of County, constitute a material breach of this contract.
10.2.3
In the event that the insurance required is written on a claims-made basis,
Contractor warrants that any retroactive date under the policy shall precede the
effective date of this contract and either continuous coverage will be maintained,
or an extended discovery period will be exercised for a period of two years
beginning at the time work under this contract is completed.
10.2.4
Contractor’s insurance shall be primary insurance as respects County, and any
insurance or self-insurance maintained by County shall not contribute to it.
10.2.5
Any failure to comply with the claim reporting provisions of the insurance policies
or any breach of an insurance policy warranty shall not affect the County’s right
to coverage afforded under the insurance policies.
10.2.6
The insurance policies may provide coverage that contains deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shall not be
applicable with respect to the coverage provided to County under such policies.
Contractor shall be solely responsible for the deductible and/or self-insured
retention and County, at its option, may require Contractor to secure payment of
such deductibles or self-insured retentions by a surety bond or an irrevocable
and unconditional letter of credit.
10.2.7
The insurance policies required by this contract, except Workers’ Compensation
and Errors and Omissions, shall name County, its agents, representatives,
officers, directors, officials, and employees as additional insureds.
10.2.8
The policies required hereunder, except Workers’ Compensation and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation)
against County, its agents, representatives, officers, directors, officials, and
employees for any claims arising out of Contractor’s work or service.
10.2.9
If available, the insurance policies required by this contract may be combined
with Commercial Umbrella Insurance policies to meet the minimum limit
requirements. If a Commercial Umbrella insurance policy is utilized to meet
insurance requirements, the Certificate of Insurance shall indicate which lines
the Commercial Umbrella Insurance covers.
10.2.9.1
Commercial General Liability
Commercial General Liability (CGL) insurance and, if necessary,
Commercial Umbrella insurance with a limit of not less than
$2,000,000 for each occurrence, $4,000,000 Products/Completed
Operations Aggregate, and $4,000,000 General Aggregate Limit.
The policy shall include coverage for premises liability, bodily injury,
broad form property damage, personal injury, products and
completed operations and blanket contractual coverage, and shall
not contain any provisions which would serve to limit third party
action over claims. There shall be no endorsement or modifications
of the CGL limiting the scope of coverage for liability arising from
explosion, collapse, or underground property damage.
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10.2.9.2
Automobile Liability
Commercial/Business Automobile Liability insurance with a
combined single limit for bodily injury and property damage of not
less than $2,000,000 each occurrence with respect to any of the
Contractor’s owned, hired, and non-owned vehicles assigned to or
used in performance of the Contractor’s work or services or use or
maintenance of the premises under this contract.
10.2.9.3
Workers’ Compensation
10.2.9.3.1 Workers’ compensation insurance to cover obligations
imposed by Federal and State statutes having
jurisdiction of Contractor’s employees engaged in the
performance of the work or services under this contract;
and Employer’s Liability insurance of not less than
$1,000,000 for each accident, $1,000,000 disease for
each employee, and $1,000,000 disease policy limit.
10.2.9.3.2 Contractor, its subcontractors, and sub-subcontractors
waive all rights against this contract and its agents,
officers, directors, and employees for recovery of
damages to the extent these damages are covered by
the workers’ compensation and Employer’s Liability or
Commercial Umbrella Liability insurance obtained by
Contractor,
its
subcontractors,
and
its
sub-
subcontractors pursuant to this contract.
10.2.9.4
Errors and Omissions/Professional Liability Insurance
Errors and Omissions (Professional Liability) insurance which will
insure and provide coverage for errors or omissions or professional
liability of the contractor, with limits of no less than $2,000,000 for
each claim.
10.2.10
Certificates of Insurance:
10.2.10.1
Prior to contract award, Contractor shall furnish the County with
valid
and
complete
Certificates
of
Insurance,
or
formal
endorsements as required by the contract in the form provided by
the County, issued by Contractor’s insurer(s), as evidence that
policies providing the required coverage, conditions and limits
required by this contract are in full force and effect. Such certificates
shall identify this contract number and title.
10.2.10.2
In the event any insurance policy(ies) required by this contract is
(are) written on a claims-made basis, coverage shall extend for two
years past completion and acceptance of Contractor’s work or
services and as evidenced by annual certificates of insurance.
10.2.10.3
If a policy does expire during the life of the Contract, a renewal
certificate must be sent to County 15 calendar days prior to the
expiration date.
10.2.11
Cancellation and Expiration Notice:
Applicable to all insurance policies required within the insurance requirements
of this contract, Contractor’s insurance shall not be permitted to expire, be
suspended, be canceled, or be materially changed for any reason without 30
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days prior written notice to Maricopa County. Contractor must provide to
Maricopa County, within two business days of receipt, if they receive notice of a
policy that has been or will be suspended, canceled, materially changed for any
reason, has expired, or will be expiring. Such notice shall be sent directly to
Maricopa County Office of Procurement Services and shall be mailed, or hand
delivered to 160 S. 4th Avenue, Phoenix, AZ 85003, or emailed to the
procurement officer noted in the solicitation.
10.3
BOND REQUIREMENT
10.3.1
Depending on the individual project, the Contractor may be required to furnish
the contracting County department the following bonds, which shall become
binding upon the award of the project to the contractor.
10.3.1.1
A performance bond equal to the full project amount (or as specified)
conditioned upon the faithful performance of the contract in
accordance with plans, specifications, and conditions thereof. Such
bond shall be solely for the protection of the contracting County
department awarding the contract.
10.3.1.2
A payment bond equal to the full project amount solely for the
protection of claimants supplying labor and materials to the
contractor or his subcontractors in the execution of the work
provided for in such contract.
10.3.2
Each such bond shall include a provision allowing the prevailing party in a suit
on such bond to recover, as a part of his judgment, such reasonable attorney’s
fees as may be fixed by a judge of the court.
10.3.3
Each bond shall be executed by a surety company or companies holding a
certificate of authority to transact surety business in the State of Arizona and
issued by the director of the Department of Insurance. The bonds shall not be
executed by an individual surety or sureties. The bonds shall be made payable
and acceptable to the contracting department. The bonds shall be written or
countersigned by an authorized representative of the surety who is either a
resident of the State of Arizona or whose principal office is maintained in this
state, as by law required, and the bonds shall have attached thereto a certified
copy of the Power of Attorney of the signing official. In addition, said company
or companies shall be rated “Best-A” or better as required by the contracting
department, as currently listed in the most recent Best Key Rating Guide,
published by the AM Best Company.
10.4
FORCE MAJEURE
10.4.1
Neither party shall be liable for failure of performance, nor incur any liability to
the other party on account of any loss or damage resulting from any delay or
failure to perform all or any part of this contract, if such delay or failure is caused
by events, occurrences, or causes beyond the reasonable control and without
negligence of the parties. Such events, occurrences, or causes will include acts
of God/nature (including fire, flood, earthquake, storm, hurricane, or other natural
disaster), war, invasion, act of foreign enemies, hostilities (whether war is
declared or not), civil war, riots, rebellion, revolution, insurrection, military or
usurped power or confiscation, terrorist activities, nationalization, government
sanction, lockout, blockage, embargo, labor dispute, strike, and interruption or
failure of electricity or telecommunication service.
10.4.2
Each party, as applicable, shall give the other party notice of its inability to
perform and particulars in reasonable detail of the cause of the inability. Each
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party must use best efforts to remedy the situation and remove, as soon as
practicable, the cause of its inability to perform or comply.
10.4.3
The party asserting Force Majeure as a cause for non-performance shall have
the burden of proving that reasonable steps were taken to minimize delay or
damages caused by foreseeable events, that all non-excused obligations were
substantially fulfilled, and that the other party was timely notified of the likelihood
or actual occurrence which would justify such an assertion, so that other prudent
precautions could be contemplated.
10.5
ORDERING AUTHORITY
Any request for purchase shall be accompanied by a valid purchase order issued by a
County department or directed by a Certified Agency Procurement Aid (CAPA) with a
purchase card for payment.
10.6
PROCUREMENT CARD ORDERING CAPABILITY
County may opt to use a procurement card (Visa or Master Card) to make payment for
orders under this contract.
10.7
NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION
This contract does not guarantee any minimum or maximum purchases will be made.
Orders will only be placed under this contract when the County identifies a need and proper
authorization and documentation have been approved.
10.8
PURCHASE ORDERS
10.8.1
County reserves the right to cancel purchase orders within a reasonable period
of time after issuance. Should a purchase order be canceled, the County agrees
to reimburse the Contractor for actual and documentable costs incurred by the
Contractor in response to the purchase order. The County will not reimburse the
Contractor for any costs incurred after receipt of County notice of cancellation,
or for lost profits, or for shipment of product prior to issuance of purchase order.
10.8.2
Contractor agrees to accept verbal notification of cancellation of purchase orders
from the County procurement officer with written notification to follow. Contractor
specifically acknowledges to be bound by this cancellation policy.
10.9
BACKGROUND CHECK
Respondents may be required to pass multiple background checks (e.g. Sheriff’s Office,
County Attorney's Office, Courts, as well as Maricopa County general government) to
determine if the respondent is acceptable to do business with the County. This applies to,
but is not limited to, the company, subcontractors, and employees, and the failure to pass
these checks shall deem the respondent non-responsible.
10.10
SUSPENSION OF WORK
The procurement officer may order the Contractor, in writing, to suspend, delay, or interrupt
all or any part of the work of this contract for the period of time that the procurement officer
determines appropriate for the convenience of the County. No adjustment shall be made
under this clause for any suspension, delay, or interruption to the extent that performance
would have been so suspended, delayed, or interrupted by any other cause, including the
fault or negligence of the Contractor. No request for adjustment under this clause shall be
granted unless the claim, in an amount stated, is asserted in writing as soon as practicable
after the termination of the suspension, delay, or interruption, but not later than the date of
final payment under the contract.
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10.11
STOP WORK ORDER
10.11.1
The procurement officer may, at any time, by written order to the Contractor,
require the Contractor to stop all, or any part, of the work called for by this
contract for a period of 90 calendar days after the order is delivered to the
Contractor, and for any further period to which the parties may agree. The order
shall be specifically identified as a stop work order issued under this clause.
Upon receipt of the order, the Contractor shall immediately comply with its terms
and take all reasonable steps to minimize the incurrence of costs allocable to
the work covered by the order during the period of work stoppage. Within a
period of 90 calendar days after a stop work order is delivered to the Contractor,
or within any extension of that period to which the parties shall have agreed, the
procurement officer shall either:
10.13.1.1
cancel the stop work order; or
10.13.1.2
terminate the work covered by the order as provided in the
Termination for Default or the Termination for Convenience clause
of this contract.
10.13.1.3
The procurement officer may make an equitable adjustment in the
delivery schedule and/or contract price, and the contract shall be
modified, in writing, accordingly, if the Contractor demonstrates that
the stop work order resulted in an increase in costs to the Contractor
10.12
TERMINATION FOR CONVENIENCE
Maricopa County may terminate the resultant contract for convenience by providing 60
calendar days advance notice to the Contractor.
10.13
TERMINATION FOR DEFAULT
10.13.1
The County may, by written Notice of Default to the Contractor, terminate this
contract in whole or in part if the Contractor fails to:
10.13.1.1
deliver the supplies or to perform the services within the time
specified in this contract or any extension;
10.13.1.2
make progress, so as to endanger performance of this contract; or
10.13.1.3
perform any of the other provisions of this contract.
10.13.2
The County’s right to terminate this contract under these subparagraphs may be
exercised if the Contractor does not cure such failure within 10 business days
(or more if authorized in writing by the County) after receipt of a Notice to Cure
from the procurement officer specifying the failure.
10.14
PERFORMANCE
It shall be the Contractor’s responsibility to meet the proposed performance requirements.
Maricopa County reserves the right to obtain services on the open market in the event the
Contractor fails to perform, and any price differential will be charged against the Contractor.
10.15
CONTRACTOR EMPLOYEE MANAGEMENT
10.15.1
Contractor shall endeavor to maintain the personnel proposed in their proposal
throughout the performance of this contract.
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10.15.2
If Contractor personnel’s employment status changes, Contractor shall provide
County a list of proposed replacements with equivalent or greater experience.
10.15.3
Under no circumstances shall the implementation schedule to be impacted by a
personnel change on the part of the Contractor.
10.15.4
Contractor shall not reassign any key personnel identified in their proposal
without the express consent of the County.
10.15.5
County reserves the right to immediately remove from its premises any
Contractor personnel it determines to be a risk to County operations.
10.15.6
County reserves the right to request the replacement of any Contractor
personnel at any time, for any reason.
10.16
TRAINING
Contractor shall provide training services as needed to completely train requested County
personnel in the use and care of the equipment. All training shall take place on-site in
Maricopa County, unless otherwise negotiated with County.
10.17
WARRANTY OF SERVICES
10.17.1
The Contractor warrants that all services provided hereunder will conform to the
requirements of the contract, including all descriptions, specifications, and
attachments made a part of this contract. County’s acceptance of services or
goods provided by the Contractor shall not relieve the Contractor from its
obligations under this warranty.
10.17.2
In addition to its other remedies, County may, at the Contractor's expense,
require prompt correction of any services failing to meet the Contractor's
warranty herein. Services corrected by the Contractor shall be subject to all the
provisions of this contract in the manner and to the same extent as services
originally furnished hereunder.
10.18
INSPECTION OF SERVICES
10.18.1
The Contractor shall provide and maintain an inspection system acceptable to
County covering the services under this contract. Complete records of all
inspection work performed by the Contractor shall be maintained and made
available to County during contract performance and for as long afterwards as
the contract requires.
10.18.2
County has the right to inspect and test all services called for by the contract, to
the extent practicable at all times and places during the term of the contract.
County shall perform inspections and tests in a manner that will not unduly delay
the work.
10.18.3
If any of the services do not conform to contract requirements, County may
require the Contractor to perform the services again in conformity with contract
requirements, at no cost to the County. When the defects in services cannot be
corrected by re-performance, County may:
10.18.3.1
require the Contractor to take necessary action to ensure that future
performance conforms to contract requirements; and
10.18.3.2
reduce the contract price to reflect the reduced value of the services
performed.
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10.18.4
If the Contractor fails to promptly perform the services again or to take the
necessary action to ensure future performance in conformity with contract
requirements, County may:
10.18.4.1
by contract or otherwise, perform the services and charge to the
Contractor, through direct billing or through payment reduction, any
cost incurred by County that is directly related to the performance of
such service; or
10.18.4.2
terminate the contract for default.
10.19
USAGE REPORT
The Contractor shall furnish the County a usage report, upon request, delineating the
acquisition activity governed by the contract. The format of the report shall be approved by
the County and shall disclose the quantity and dollar value of each contract item by
individual unit of measure.
10.20
STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Notice is given that, pursuant to A.R.S. § 38-511, the County may cancel any contract
without penalty or further obligation within three years after execution of the contract, if any
person significantly involved in initiating, negotiating, securing, drafting, or creating the
contract on behalf of the County is at any time, while the contract or any extension of the
contract is in effect, an employee or agent of any other party to the contract in any capacity
or consultant to any other party of the contract with respect to the subject matter of the
contract. Additionally, pursuant to A.R.S. § 38-511, the County may recoup any fee or
commission paid or due to any person significantly involved in initiating, negotiating,
securing, drafting, or creating the contract on behalf of the County from any other party to
the contract arising as the result of the contract.
10.21
OFFSET FOR DAMAGES
In addition to all other remedies at Law or Equity, the County may offset from any money
due to the Contractor any amounts Contractor owes to the County for damages resulting
from breach or deficiencies in performance of the contract.
10.22
SUBCONTRACTING
10.22.1
The Contractor may not assign to another Contractor or subcontract to another
party for performance of the terms and conditions hereof without the written
consent of the County. All correspondence authorizing subcontracting must
reference the bid serial number and identify the job or project.
10.22.2
The subcontractor’s rate for the job shall not exceed that of the prime
Contractor’s rate, as bid in the pricing section, unless the prime Contractor is
willing to absorb any higher rates. The subcontractor’s invoice shall be invoiced
directly to the prime Contractor, who in turn shall pass-through the costs to the
County, without mark-up. A copy of the subcontractor’s invoice must accompany
the prime Contractor’s invoice.
10.23
AMENDMENTS
All amendments to this contract shall be in writing and approved/signed by both parties.
Maricopa County Office of Procurement Services shall be responsible for approving all
amendments for Maricopa County.
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10.24
ADDITIONS/DELETIONS OF REQUIREMENTS
The County reserves the right to add and/or delete materials and services to a contract. If
a service requirement is deleted, payment to the Contractor will be reduced proportionately,
to the amount of service reduced in accordance with the bid price. If additional materials
or services are required from a contract, prices for such additions will be negotiated
between the Contractor and the County.
10.25
RIGHTS IN DATA
10.25.1
The County shall have the use of data and reports resulting from a contract
without additional cost or other restriction except as may be established by law
or applicable regulation. Each party shall supply to the other party, upon request,
any available information that is relevant to a contract and to the performance
thereunder.
10.25.2
Data, records, reports, and all other information generated for the County by a
third party as the result of a contract are the property of the County and shall be
provided in a format designated by the County or shall be and remain accessible
to the County into perpetuity.
10.26
ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW
10.26.1
In accordance with Section MC1-374 of the Maricopa County Procurement
Code, the Contractor agrees to retain (physical or digital copies of) all books,
records, accounts, statements, reports, files, and other records and back-up
documentation relevant to this contract for six years after final payment or until
after the resolution of any audit questions, which could be more than six years,
whichever is longest. The County, Federal or State auditors and any other
persons duly authorized by the department shall have full access to and the right
to examine, copy, and make use of, any and all said materials.
10.26.2
If the Contractor’s books, records, accounts, statements, reports, files, and other
records and back-up documentation relevant to this contract are not sufficient to
support and document that requested services were provided, the Contractor
shall reimburse Maricopa County for the services not so adequately supported
and documented.
10.27
AUDIT DISALLOWANCES
If at any time it is determined by the County that a cost for which payment has been made
is a disallowed cost, the County shall notify the Contractor in writing of the disallowance.
The course of action to address the disallowance shall be at sole discretion of the County,
and may include either an adjustment to future invoices, request for credit, request for a
check, or a deduction from current invoices submitted by the Contractor equal to the
amount of the disallowance, or to require reimbursement forthwith of the disallowed amount
by the Contractor by issuing a check payable to Maricopa County.
10.28
STRICT COMPLIANCE
Acceptance by County of a performance that is not in strict compliance with the terms of
the contract shall not be deemed to be a waiver of strict compliance with respect to all other
terms of the contract.
10.29
VALIDITY
The invalidity, in whole or in part, of any provision of this contract shall not void or affect
the validity of any other provision of the contract.
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10.30
SEVERABILITY
The removal, in whole or in part, of any provision of this contract shall not void or affect the
validity of any other provision of this contract.
10.31
RELATIONSHIPS
10.31.1
In the performance of the services described herein, the Contractor shall act
solely as an independent Contractor, and nothing herein or implied herein shall
at any time be construed as to create the relationship of employer and employee,
co-employee, partnership, principal and agent, or joint venture between the
County and the Contractor.
10.31.2
The County reserves the right of final approval on proposed staff. Also, upon
request by the County, the Contractor will be required to remove any employees
working on County projects and substitute personnel based on the discretion of
the County within two business days, unless previously approved by the County.
10.32
NON-DISCRIMINATION
Contractor agrees to comply with all provisions and requirements of Arizona Executive
Order 2009-09, including flow down of all provisions and requirements to any
subcontractors. Executive Order 2009-09 supersedes Executive Order 99-4 and amends
Executive Order 75-5 and is hereby incorporated into this contract as if set forth in full
herein. During the performance of this contract, Contractor shall not discriminate against
any employee, client, or any other individual in any way because of that person’s age, race,
creed, color, religion, sex, disability, or national origin. (Arizona Executive Order 2009-09
can
be
downloaded
from
the
Arizona
Memory
Project
at
http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1.)
10.33
WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01
If vendor engages in for-profit activity and has 10 or more employees, and if this agreement
has a value of $100,000 or more, vendor certifies it is not currently engaged in, and agrees
for the duration of this agreement to not engage in, a boycott of goods or services from
Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a
regulation issued pursuant to 50 U.S.C. § 4842.
10.34
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
10.34.1
The undersigned (authorized official signing on behalf of the Contractor) certifies
to the best of his or her knowledge and belief that the Contractor, its current
officers, and directors:
10.34.1.1
are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from being awarded any
contract or grant by any United States department or agency or any
state, or local jurisdiction;
10.34.1.2
have not within a three-year period preceding this contract:
10.34.1.2.1
been convicted of fraud or any criminal offense in
connection with obtaining, attempting to obtain, or as
the result of performing a government entity (Federal,
State or local) transaction or contract; or
10.34.1.2.2
been convicted of violation of any Federal or State
antitrust statutes or conviction for embezzlement,
theft, forgery, bribery, falsification or destruction of
SERIAL 200217-ITN
records, making false statements, or receiving stolen
property regarding a government entity transaction or
contract;
10.34.1.3
are not presently indicted or criminally charged by a government
entity (Federal, State or local) with commission of any criminal
offenses in connection with obtaining, attempting to obtain, or as the
result of performing a government entity public (Federal, State or
local) transaction or contract;
10.34.1.4
are not presently facing any civil charges from any governmental
entity regarding obtaining, attempting to obtain, or from performing
any governmental entity contract or other transaction; and
10.34.1.5
have not within a three-year period preceding this contract had any
public transaction (Federal, State or local) terminated for cause or
default.
10.34.2
If any of the above circumstances described in the paragraph are applicable to
the entity submitting a bid for this requirement, include with your bid an
explanation of the matter including any final resolution.
10.34.3
The Contractor shall include, without modification, this clause in all lower tier
covered
transactions
(i.e.
transactions
with
subcontractors
or
sub-
subcontractors) and in all solicitations for lower tier covered transactions related
to this contract. If this clause is applicable to a subcontractor or sub-
subcontractor, the Contractor shall include the information required by this
clause with their bid.
10.35
VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS
10.35.1
By entering into the contract, the Contractor warrants compliance with the
Immigration and Nationality Act (INA using E-Verify) and all other Federal
immigration laws and regulations related to the immigration status of its employees
and A.R.S. § 23-214(A). The Contractor shall obtain statements from its
subcontractors certifying compliance and shall furnish the statements to the
procurement officer upon request. These warranties shall remain in effect through
the term of the contract. The Contractor and its subcontractors shall also maintain
Employment Eligibility Verification forms (I-9) as required by the Immigration
Reform and Control Act of 1986, as amended from time to time, for all employees
performing work under the contract and verify employee compliance using the E-
Verify system and shall keep a record of the verification for the duration of the
employee’s employment or at least three years, whichever is longer. I-9 forms are
available for download at www.uscis.gov.
10.35.2
The County retains the legal right to inspect documents of Contractor and
subcontractor employees performing work under this contract to verify compliance
with paragraph 11.35.1 of this section. Contractor and subcontractor shall be given
reasonable notice of the County’s intent to inspect and shall make the documents
available at the time and date specified. Should the County suspect or find that
the Contractor or any of its subcontractors are not in compliance, the County will
consider this a material breach of the contract and may pursue any and all
remedies allowed by law, including, but not limited to: suspension of work,
termination of the contract for default, and suspension and/or debarment of the
Contractor. All costs necessary to verify compliance are the responsibility of the
Contractor.
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10.36
Contractor EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM
EMPLOYEES OF WHISTLEBLOWER RIGHTS
10.36.1
The parties agree that this contract and employees working on this contract will
be subject to the Contractor employee whistleblower protections established by
Title 41 U.S.C. § 4712 and Section 3.908 of the Federal Acquisition Regulation.
10.36.2
Contractor shall inform its employees in writing, in the predominant language of
the workforce, of employee whistleblower rights and protections under 41 U.S.C.
§ 4712, as described in Section 3.908 of the Federal Acquisition Regulation.
Documentation of such employee notification must be kept on file by Contractor
and copies provided to County upon request.
10.36.3
Contractor shall insert the substance of this clause, including this paragraph, in
all subcontracts over the simplified acquisition threshold ($250,000 as of fiscal
year 2018).
10.37
CONTRACTOR LICENSE REQUIREMENT
10.37.1
The Contractor shall procure all permits, insurance, and licenses, and pay the
charges and fees necessary and incidental to the lawful conduct of his/her
business, and as necessary complete any requirements, by any and all
governmental or non-governmental entities as mandated to maintain compliance
with and remain in good standing. The Contractor shall keep fully informed of
existing and future trade or industry requirements, and Federal, State, and local
laws, ordinances, and regulations which in any manner affect the fulfillment of a
contract and shall comply with the same. Contractor shall immediately notify both
Office of Procurement Services and the department of any and all changes
concerning permits, insurance, or licenses.
10.37.2
Contractor furnishing finished products, materials, or articles of merchandise that
will require installation or attachment as part of the contract shall possess any
licenses required. Contractor is not relieved of its obligation to obtain and
possess the required licenses by subcontracting of the labor portion of the
contract. Contractors are advised to contact the Arizona Registrar of
Contractors, Chief of Licensing, to ascertain licensing requirements for a
particular contract. Contractor shall identify which license(s), if any, the Registrar
of Contractors requires for performance of the contract.
10.38
INFLUENCE
10.38.1
As prescribed in MC1-1203 of the Maricopa County Procurement Code, any
effort to influence an employee or agent to breach the Maricopa County Ethical
Code of Conduct or any ethical conduct, may be grounds for disbarment or
suspension under MC1-902.
10.38.2
An attempt to influence includes, but is not limited to:
10.38.2.1
A person offering or providing a gratuity, gift, tip, present, donation,
money, entertainment or educational passes or tickets, or any type
of valuable contribution or subsidy that is offered or given with the
intent to influence a decision, obtain a contract, garner favorable
treatment, or gain favorable consideration of any kind.
10.38.3
If a person attempts to influence any employee or agent of Maricopa County, the
chief procurement officer, or his designee, reserves the right to seek any remedy
provided by the Maricopa County Procurement Code, any remedy in equity or in
the law, or any remedy provided by this contract.
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10.39
CONFIDENTIAL INFORMATION
10.39.1
Any information obtained in the course of performing this contract may include
information that is proprietary or confidential to the County. This provision
establishes the Contractor’s obligation regarding such information.
10.39.2
The Contractor shall establish and maintain procedures and controls that are
adequate to assure that no information contained in its records and/or obtained
from the County or from others in carrying out its functions (services) under the
contract shall be used by or disclosed by it, its agents, officers, or employees,
except as required to efficiently perform duties under the contract. The
Contractor’s procedures and controls, at a minimum, must be the same
procedures and controls it uses to protect its own proprietary or confidential
information. If, at any time during the duration of the contract, the County
determines that the procedures and controls in place are not adequate, the
Contractor shall institute any new and/or additional measures requested by the
County within 15 business days of the written request to do so.
10.39.3
Any requests to the Contractor for County proprietary or confidential information
shall be referred to the County for review and approval, prior to any
dissemination.
10.40
PUBLIC RECORDS
Under Arizona law, all offers submitted and opened are public records and must be
retained by the County at the Maricopa County Office of Procurement Services. Offers shall
be open to public inspection and copying after contract award and execution, except for
such offers or sections thereof determined to contain proprietary or confidential information
by the Office of Procurement Services. If an offeror believes that information in its offer or
any resulting contract should not be released in response to a public record request, under
Arizona law, the offeror shall indicate the specific information deemed confidential or
proprietary and submit a statement with its offer detailing the reasons that the information
should not be disclosed. Such reasons shall include the specific harm or prejudice which
may arise from disclosure. The records manager of the Office of Procurement Services
shall determine whether the identified information is confidential pursuant to the Maricopa
County Procurement Code.
10.41
INTEGRATION
This contract represents the entire and integrated agreement between the parties and
supersedes
all
prior
negotiations,
proposals,
communications,
understandings,
representations, or agreements, whether oral or written, expressed, or implied.
10.42
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this contract, the Contractor agrees to comply with all applicable provisions
of
Title
2,
Subtitle
A,
Chapter
II,
Part
200—UNIFORM
ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS contained in Title 2 C.F.R. § 200 et seq.
10.43
GOVERNING LAW
This contract shall be governed by the laws of the State of Arizona. Venue for any actions
or lawsuits involving this contract will be in Maricopa County Superior Court, Phoenix,
Arizona.
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10.44
PRICES
Contractor warrants that prices extended to County under this contract are no higher than
those paid by any other customer for these or similar services.
10.45
ORDER OF PRECEDENCE
In the event of a conflict in the provisions of this contract and Contractor’s license
agreement, if applicable, the terms of this contract shall prevail.
10.46
INCORPORATION OF DOCUMENTS
10.46.1
The following are to be attached to and made part of this Contract:
10.46.1.1
Exhibit A-11 – Vendor Information and Pricing
10.46.1.2
Exhibit B – Scope of Work(s)
10.46.1.3
Exhibit C – Office of Procurement Services Contractor Travel and
Per Diem Policy
10.46.1.4
Exhibit D – Project Offer Requirements
10.47
NOTICES
All notices given pursuant to the terms of this contract shall be addressed to:
For County:
Maricopa County
Office of Procurement Services
160 S. 4th Avenue
Phoenix, Arizona 85003-1647
For Contractor:
Archaeological Consulting Services, Ltd.
Margerie Green, President
424 W. Broadway Road
Tempe, AZ 85282
10.48
INQUIRIES
10.48.1
Inquiries concerning information herein must be submitted via BidSync using the
“Questions and Answers” link.
10.48.2
Administrative telephone/email inquiries shall be addressed to:
ANDREA STUPKA, PROCUREMENT OFFICER
TELEPHONE: (602) 506-3504
Andrea.Stupka@maricopa.gov
10.48.3
Inquiries may be submitted by telephone but must be followed up in writing. No
oral communication is binding on Maricopa County.
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IN WITNESS WHEREOF, this contract is executed on the date set forth above.
CONTRACTOR
AUTHORIZED SIGNATURE
PRINTED NAME AND TITLE
ADDRESS
DATE
MARICOPA COUNTY
CHAIRMAN, BOARD OF SUPERVISORS
DATE
ATTESTED:
CLERK OF THE BOARD
DATE
APPROVED AS TO FORM:
DEPUTY COUNTY ATTORNEY
DATE
Margerie Green, President
424 W. Broadway Road, Tempe, AZ 85282
September 14, 2020
09/23/2020
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EXHIBIT A-11
VENDOR INFORMATION AND PRICING
COMPANY NAME:
Archaeological Consulting Services, Ltd.
DOING BUSINESS AS (dba):
MAILING ADDRESS:
424 W. Broadway Road, Tempe, AZ 85282
REMIT TO ADDRESS:
424 W. Broadway Road, Tempe, AZ 85282
TELPHONE NUMBER:
480 894-5477
FAX NUMBER:
480 894-5478
WWW ADDRESS:
acstempe.com
REPRESENTATIVE NAME:
Margerie Green
REPRESENTATIVE TELEPHONE NUMBER:
480 894-5477
REPRESENTATIVE EMAIL ADDRESS
mgreen@acstempe.com
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
PAYMENT TERMS:
1.0 PRICING
SERVICE OFFERED:
E3-11. Environmental Assessments/Environmental Impact Statements
PERSONNEL CLASSIFICATION
HOURLY RATE
1.1 List your company's personnel classifications and corresponding hourly rates for
standard responses and emergency responses (if applicable)
Environmental Project Manager-Senior
$153.00
Project Manager-Senior
$177.90
Project Manager
$106.10
Registered Geologist (R.G.)
$177.90
GIS Project Manager-Senior
$137.00
GIS Project Manager
$82.50
GIS Analyst
$66.00
Environmental Scientist II
$91.90
Environmental Scientist I
$71.40
Environmental Planner-
Senior
$121.00
Environmental Planner
$101.90
Biologist/Wildlife Biologist-Senior
$101.90
Biologist/Wildlife Biologist
$71.40
Principal Investigator-
Senior
$128.70
Principal Investigator
$113.00
Historian/Historic Archaeologist
$96.00
Analyst-Senior
$112.00
Analyst III
$102.00
Analyst II
$83.58
Analyst I
$66.00
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Field Director
$85.10
Lab Manager
$83.58
Crew Chief
$75.90
Assistant Crew Chief
$66.00
Field/Lab Archaeologist
$52.60
Project Administrator
$93.50
Document Production Coordinator
$75.60
1.2 Laboratory services (if applicable)
__________ % OFF CURRENT PRICE LIST
Labs: Submit analytical price list
(MUST BE SUBMITTED WITH
ORIGINAL PROPOSAL)
1.3 Training courses (if applicable)
__________ % OFF CURRENT PRICE LIST
1.4 Other services (if applicable)
__________ % OFF CURRENT PRICE LIST
1.5 Drilling services (if applicable)
Cost per foot for drilling. (Please list types of drilling methods available).
Cost per sample. (Please list types of sampling methods available).
Mobilization/Demobilization charges
Other equipment/services, e.g.
Compressor
Water Truck
Decontamination
2.0 EQUIPMENT PRICING SCHEDULE
SERVICE OFFERED:
E3-11. Environmental Assessments/Environmental Impact Statements
Offerors are to list all minimum equipment essential to performing services under Scopes of Work, as
applicable to your proposal, either owned or leased, excluding rentals. (Note: for billing purposes, 10 hours
constitute 1 “day”.) This form may be duplicated as necessary.
PRICE
PRICE
PRICE
LEASED
EQUIPMENT NAME
PER
DAY
PER
WEEK
PER
MONTH
YES/NO
2.1
2.2
2.10 Mileage rate or vehicle rate for travel beyond the 35-mile radius
$0.445 per mile
Rental Vehicle (minivan incl. tax, no ins)
$ 78.41
$ 407.92
$ 1,486.01
Rental Vehicle (standard incl. tax, no ins)
$ 48.95
$ 221.45
$ 856.64
Rental Vehicle (SUV, incl. tax, no ins)
$ 67.08
$ 338.00
$ 1,235.43
Rental Vehicle (½ T truck, incl. tax, no ins)
$ 58.02
$ 349.65
$ 1,486.01
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EXHIBIT B
General Scope of Work
1.
INTENT
1.1.
This is to contract with qualified individuals and/or organizations to provide various
departments in Maricopa County (County) the following environmental services on a
demand basis:
1.1.1.
environmental site assessment/site investigation (SI)/remediation;
1.1.2.
asbestos, lead-based paint assessment and/or abatement oversight;
1.1.3.
asbestos, lead-based paint and mold abatement;
1.1.4.
environmental engineering services;
1.1.5.
environmental air consulting services;
1.1.6.
industrial hygiene/indoor air quality services;
1.1.7.
environmental training;
1.1.8.
waste disposal – emergency/non-emergency response for hazardous, biological
and/or infectious wastes;
1.1.9.
laboratory and analytical services;
1.1.10. drilling services;
1.1.11. environmental assessment/environmental impact statements;
1.1.12. wildlife rescue and relocation services (including bee relocation); and,
1.1.13. lead-based paint and asbestos assessment and/or abatement for Federally funded
housing projects.
1.2.
This shall establish a listing of qualified contractors for each area of service (AOS). Multiple
awards (listing of qualified contractors) shall be made by AOS for each area of service.
Contractors selected for an AOS list are eligible to compete to provide products and/or
services as defined therein. At the time a need for service is identified, a task order and a
detailed project scope of work (PSOW) will be issued by AOS to each qualified contractor
on the listing for the affiliated service area (for exceptions, see Section 2.2.1.3). Award(s)
shall be made to the contractor best meeting specifications and offering the lowest price in
their project offer (PO). Award of this contract does not guarantee management of a
project.
1.3.
Should any project be declared an emergency procurement, the applicable provisions of
the Maricopa County Procurement Code shall prevail in the determination of award. At the
County’s option, work under $25,000 may be assigned to a contractor without competition.
1.4.
Other governmental entities under agreement with the County may have access to services
provided hereunder (see also Sections 3.14 and 3.15 below).
1.5.
The County reserves the right to add additional contractors, at the County’s sole discretion,
in cases where the currently listed contractors are of an insufficient number or skill-set to
satisfy the County’s needs or to ensure adequate competition on any project or task order
work.
1.6.
Maricopa County reserves the right to award this contract to multiple vendors. The County
reserves the right to award in whole or in part, by item or group of items, by section or
geographic area, or make multiple awards, where such action serves the County’s best
interest.
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2.
SCOPE OF WORK (see Exhibit 3 for Area of Services’ Scopes of Work specific
to the thirteen identified services)
Section 2.0 – Scope of Work contains general requirements are in addition to the specific scopes
of work outlined in Exhibit 3 -Scopes of Work for Areas of Service (AOS) E3-1 through E3-13.
Contractors understand and agree that they will abide by all conditions established in this ITN for
the applicable AOS for which they are approved and listed.
2.1.
Health and Safety Program
2.1.1.
The contractor shall, as required by project, and on a demand basis, prepare and
implement site-specific health and safety plans for all phases of the work activity
for its employees, subcontractors, or subcontractors’ employees as required. A
health and safety program is not required for contractors providing environmental
training services as presented in Section E3-7.
2.1.2.
The contractor shall have an existing health and safety program which shall comply
with all Occupational Safety and Health Administration (OSHA, reference Title 29
Code of Federal Regulations, Part 1910 29 CFR 1910.120, and/or 29 CFR
1926.1101 as applicable) and Environmental Protection Agency (EPA) standards
(reference 40 CFR, particularly the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) and/or Resource Conservation and
Recovery Act (RCRA)), and any other applicable Federal, state, and/or local laws,
rules, regulations, and ordinances.
2.2.
Overall Responsibilities
2.2.1.
Overall Responsibilities of the Contractor
2.2.1.1.
The contractor shall understand and agree that each project (see
exceptions in 2.2.1.2) shall be supervised by a project manager or
project coordinator, assigned by the County department, to whom the
contractor shall directly report. The contractor understands and agrees
that the County department project manager or project coordinator shall
have authorities as listed in 2.2.2 – Overall Responsibilities of the
County.
2.2.1.2.
The contractor shall understand and agree that, for some projects, the
County department may request only a service such as drilling or
analysis without providing a County department project manager or
project coordinator.
2.2.1.3.
The contractor shall protect the property of the County department from
damage during the duration of any project. The contractor shall replace
any or all damaged property at no cost to the County department to the
extent damage is caused by the contractor’s negligent acts or willful
misconduct.
2.2.1.4.
The contractor shall satisfy himself/herself regarding the existing
conditions under which he/she shall have to operate in completing the
work, or which shall affect the work in any manner. No allowance shall
be made subsequently in this regard on behalf of the contractor for any
error or negligence on his/her part.
2.2.1.5.
The contractor shall carefully check all dimensions and conditions at a
project area and shall be responsible for sufficiently familiarizing
themselves with project area conditions which may affect the work
before making a firm-fixed price PO. Any drawings provided by the
County department are meant to be utilized as a guide to the building or
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project area configurations. All measurements and sizes are
approximate, and must be confirmed, to the extent agreed upon by the
County department, by the contractor prior to implementation of the work
on the project.
2.2.1.6.
The contractor shall maintain a complete daily record of all labor,
equipment, materials, subcontracted services, and expenses, to include
mileage, if any and as allowable, incurred in the performance of the
services provided, and shall provide the County department such record
with all supporting documentation, if so requested in the PSOW.
2.2.1.7.
The contractor shall complete all services specified in a PO and any
subsequent project amendment (PA) (PA is described Exhibit 4 –
Project Offer Requirements). However, the contractor shall understand
and agree that completion of such services does not in itself constitute
project completion. The County department shall determine when each
project is complete.
2.2.1.8.
The contractor, and any subcontractors utilized by the contractor, must
not be listed on the System for Award Management (SAM) Exclusion
List.
2.2.1.9.
The contractor shall submit copies of waste shipment records, if
applicable, to the County department.
2.2.2.
Overall Responsibilities of the County
2.2.2.1.
The County department issuing a PSOW will provide a project manager
or a project coordinator to review, award, and supervise a project that
results from a PSOW. The County department’s initial PSOW shall
include, at a minimum, the following:
2.2.2.1.1.
project area description
2.2.2.1.2.
schedule for completion
2.2.2.1.3.
deliverables
2.2.2.1.4.
variables and assumptions
2.2.2.1.5.
acceptance criteria
2.2.2.1.6.
reporting requirements
2.2.2.1.7.
project objectives
2.2.2.2.
The County project manager or project coordinator shall have authority
for the following:
2.2.2.2.1.
Review of and award of initial Project Offers (PO) and
subsequent related POs required in the performance of the
project.
2.2.2.2.2.
Final interpretation of the work in POs.
2.2.2.2.3.
Review of clean-up procedures.
2.2.2.2.4.
Review and approval of the use of certain equipment,
personnel, materials, services, and/or procedures.
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2.2.2.2.5.
Review of work schedules including hours and days of work.
2.2.2.2.6.
Review and establishment of safety plans and protocol to
ensure compliance with OSHA and other regulations as
applicable.
2.2.2.2.7.
Stopping work in order to ensure safety of the contractor or
the environment or due to violation of safety regulations by
the contractor, the contractor’s personnel, subcontractors,
or consultants, including issuance of stop work orders for
safety, environmentally unsafe activities, procedures, or
unnecessary work.
2.2.2.2.8.
Review of decontamination procedures.
2.2.2.2.9.
Review of disposal sites and treatment, technologies for
waste generated from clean-ups, and signing of hazardous
waste manifests.
2.2.2.2.10. Determination of project completion.
2.2.2.2.11. Review and approval of supporting documentation for
invoices submitted for payment.
2.2.2.3.
In order to ensure equity to all contractors, County departments shall
solicit initial POs from all contractors listed as qualified within the specific
AOS E3-1 through E3-13. However, there may be those special
circumstances whereby such competition is impractical (i.e., continuity
of site assessment/remediation by same contractor). In this case, the
County department responsible for the project shall prepare a written
determination to be placed in the project file detailing the extent that
competitive offers were solicited.
2.2.2.4.
After project completion, acceptance, and final payment to a contract,
the County department shall submit a Project Completion Report
including, but not limited to, identification of the County department,
location of the site, contract number(s) (or other number identifying the
PO award) issued by County department, synopsis of the effort
completed, project start and completion dates, total amount of initial
project offer award, number of PAs with dollar amounts, and
identification of specific concerns relating to the satisfactory completion
of the work scope.
2.3.
Project Offers
2.3.1.
Contractor’s Project Offer (PO) Format
2.3.1.1.
When responding to an AOS PSOW, listed and interested contractors
shall submit a PO, which shall provide applicable information as outlined
in Exhibit 4 - Project Offer Requirements, including, but not limited to the
following:
2.3.1.1.1.
Proposed method of approach to the project
2.3.1.1.2.
Key personnel to be assigned
2.3.1.1.3.
Approved subcontractors, and a firm fixed price for their
labor classifications, equipment, and supplies
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2.3.1.1.4.
Approved capitalized equipment
2.3.1.1.5.
Contractor’s health and safety plan
2.3.1.1.6.
Local conditions, assumptions, and/or limitations which may
affect the accuracy of a PSOW
2.3.1.1.7.
Potential conflicts of interest for projects
2.3.1.1.8.
Innovative technical approaches
2.3.1.1.9.
Differing site conditions
2.3.1.1.10. Project amendments
2.3.1.1.11. Ot-of-state personnel
2.3.2.
County Department’s Evaluation of Contractor’s Project Offer
2.3.2.1.
Contractor’s PO will be evaluated based on the extent to which the
contractor’s plan for execution:
2.3.2.1.1.
identifies and demonstrates an understanding of the
technical and management issues that are critical to
successfully accomplishing the project;
2.3.2.1.2.
demonstrates a level of effort that will accomplish the
project in a safe, effective and efficient manner, including
attainable improvements that may accelerate completion or
lower project costs without jeopardizing worker safety,
human health, or the environment;
2.3.2.1.3.
displays the degree to which the contractor optimizes the
use of competitive subcontracts to minimize overall costs to
the County; and
2.3.2.1.4.
resolves of unanticipated problems.
2.3.2.2.
Listed below, in the relative order of importance, is the minimum
evaluation criteria the County department shall use in evaluating each
PO received from contractors in response to a PSOW. The County
department may expand upon these evaluation elements and shall list
them in relative order of importance within specific PSOW:
2.3.2.2.1.
method of approach to accomplish the PSOW, to include
type of equipment, laboratory tests, disposal site, etc., as
applicable
2.3.2.2.2.
direct experience of personnel proposed to accomplish the
specific tasks/sub-tasks, as applicable, within the PSOW
2.3.2.2.3.
qualifications of personnel proposed to accomplish the
PSOW
2.3.2.2.4.
availability of personnel and equipment to meet the needs
of the project
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2.3.2.2.5.
local conditions and/or assumptions on the part of the
contractor which may affect the accuracy of the PSOW
2.3.2.2.6.
total, firm, fixed prices for all services, materials, and
equipment required to perform all work required by the
PSOW. However, cost shall not be the primary evaluation
criteria.
2.3.3.
Final Project Contract Award
2.3.3.1.
After receipt of the PO and in accordance with the established
evaluation criteria, the County department will make a determination as
to which contractor will be issued a final project contract award.
2.3.3.2.
The County department will encumber funds prior to issuance of any
Notice to Proceed or similar document to the contractor.
2.3.4.
Pre-Performance Meeting
2.3.4.1.
All work shall be coordinated through the County department’s project
manager or project coordinator. If required by the County department,
the project manager or project coordinator and contractor’s key
personnel shall participate in a pre-performance meeting to coordinate
the work schedule and provide clarification on any items as necessary.
2.4.
Compliance with Laws
The contractor shall understand and agree that all work authorized under a contract must
be performed in conformance with ALL APPLICABLE Federal, state, and local laws,
regulations, and rules in effect at the time services are performed or which are reasonably
foreseeable.
2.5.
Professionals
The contractor shall understand and agree that some work requested by the County
departments may require the performance of a Registered Geologist, Professional
Engineer, Certified Industrial Hygienist (CIH), or other registered technical professional
licensed in the State of Arizona and consistent with the applicable Rules and By-Laws of
the Arizona Board of Technical Registration (ABTR) or appropriate licensing agency.
Where required, all plans, specifications, reports, and other professional documents
delivered to the County department must be sealed by such registered professional and
must be acceptable to the County department in form, timeliness, contents, and
presentation. Confidentiality of information shall be determined in accordance with A.R.S.
§ 49-205, A.R.S. § 49-201.29, and A.R.S. § 49-1012.2.
2.6.
Professional and Field Levels
2.6.1.
The following staff or equivalent titles may be required at various professional and
field levels as dictated by workload, site conditions, and scopes of work and
resultant PSOW. In addition to specific qualifications identified in AOS scopes of
work and resultant PSOW, each staff member participating in a project must have
the necessary qualifications as required and defined in A.R.S. § 32-122.01, as well
as all other applicable state, local and Federal regulations. Additional
classifications may be included with detailed job descriptions by the contractor.
There will be multiple technical disciplines that will fall under the descriptions of
each professional level:
2.6.1.1.
Project Manager: Have experience in proposal and application of the
disciplines as required by the scope of work at various levels.
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2.6.1.2.
Engineer:
Have applicable degree, experience, and expertise in
design and review, pertinent to project requirements, that can be
validated.
2.6.1.3.
Professional Engineer: Same qualifications as Engineer. Must be
registered in the State of Arizona.
2.6.1.4.
Chemical Engineer: Have applicable degree, experience, and expertise
in design and review, pertinent to project requirements.
2.6.1.5.
Permit Engineer: Have applicable degree, experience, and expertise in
design and review, pertinent to project requirements.
2.6.1.6.
Air Quality Engineer: Have applicable degree, experience, and expertise
in design and review, pertinent to project requirements.
2.6.1.7.
Risk Assessor/Toxicologist: With experience in risk assessment
development and/interpretation.
2.6.1.8.
Statistician: Have experience in probabilistic and deterministic methods.
2.6.1.9.
Microbiologist: Have experience in bioremediation and/or fungi and
bacteria biology, and applicable degree.
2.6.1.10. Computer Modelers: Have experience in:
2.6.1.10.1. Vadose zone fate and transport modeling
2.6.1.10.2. Groundwater fate and transport modeling
2.6.1.10.3. Contaminant fate and transport modeling
2.6.1.10.4. Air emissions modeling
2.6.1.11. Hydrologist: Has degree and experience.
2.6.1.12. Geologist: Has degree and experience.
2.6.1.13. Registered Geologist: Same qualifications as Geologist. Must be
registered in the State of Arizona.
2.6.1.14. Principal Investigator: For cultural anthropological projects (cultural
research, informant interviews) and Cultural Resource Management
projects (archaeological survey, testing, data recovery, technical
research). Knowledge of the history and prehistory of Arizona, and the
ethnography of Arizona cultures. Experience developing and executing
anthropological research designs (survey, testing, data recovery,
technical reporting).
2.6.1.14.1. For Federal undertakings, maintain compliance with the
National Park Service Archeology Program; ability to obtain
an Archaeological Resources Protection Act (ARPA) permit
(https://www.nps.gov/archeology/npsGuide/permits/manag
ers.htm); ability to meet the standards of 36 CFR 800 and
36 CFR 106 and 36 CFR 110 of the National Historic
Preservation Act of 1966, as amended; ability to meet the
provisions of the Native American Graves Protection and
Repatriation Act (NAGPRA); and, ability to implement the
concepts outlined in National Park Service Bulletin 38 for
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Traditional Cultural Properties. For state undertakings,
ability to obtain and satisfy all requirements of an Arizona
Antiquities Act Permit from the Arizona State Museum
(ASM); and, ability to meet all provisions of the State
Historic Preservation Act in consultation with the Arizona
State Historic Preservation Officer (SHPO) and interested
parties.
2.6.1.15. Anthropological or archaeological research staff: Proven experience
executing anthropological research designs or archaeological research
designs (survey, testing, data recovery, technical reporting) under the
direction of a Principal Investigator. Completion of anthropological or
archaeological field school; completion of a recognized certification
program; a bachelor’s degree in anthropology/archaeology; or
completion of a related degree which demonstrates an ability to conduct
research using appropriate scientific and cultural methods. A Master’s
degree in anthropology/archaeology may be required for certain
positions or tasks.
2.6.1.16. Environmental Scientist: Have applicable degree and experience.
2.6.1.17. Inspector/Project Manager - Asbestos Assessment: Have current
certification (EPA) as building inspector. Meet training and medical
monitoring requirements under OSHA 29 CFR 1926 1101, Asbestos.
2.6.1.18. Competent Person/Project Site Manager - Asbestos Abatement: Have
current certification (EPA) as a contractor supervisor. Meet training
requirements under OSHA 29 CFR 1926.1101, Asbestos.
2.6.1.19. Asbestos Abatement Workers: Have current certification (EPA) as an
asbestos worker in asbestos assessment and abatement work. Meet
training and medical monitoring requirements under OSHA 29 CFR
1926.1101, Asbestos.
2.6.1.20. Industrial Hygienist: Professional qualification, by education, training,
and experience, to anticipate, recognize, evaluate, and develop controls
for occupational health hazards.
2.6.1.21. Certified Industrial Hygienist (CIH): Have the same qualification as an
Industrial Hygienist and, in addition, be certified in the comprehensive
practice of industrial hygiene by the American Board of Industrial
Hygiene.
2.6.1.22. Chemist: Have degree and experience that can be validated.
2.6.1.23. Biologist/Wildlife Biologist/Wildlife Rehabilitator: Have degree and/or
experience, and appropriate Federal and state wildlife permits and
licenses.
2.7.
Data and Document Management
2.7.1.
The contractor shall furnish the personnel, services, materials, and equipment
required to provide manual and automated storage, search, retrieval, and other
management of data collected in the course of any activity undertaken pursuant to
the contract, and other data specified by the County department. This data may
include facility descriptions, coordinates and elevations of sampling stations and
features of sites, results of environmental measurements, hazard characteristics,
target receptors, cleanup project schedules, costs, obligation and outlay
projections, other financial information, and mailing lists.
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2.7.2.
The principal sources for the data are the following types of activities: site
assessment, investigation, characterization, and/or feasibility study (FS). The data
may be used in remedial planning and implementation activities, or in support of
legal proceedings. Information/reports provided to the County department shall be
in accordance with instructions and format specified within a PSOW or approved
by the County department.
2.7.3.
Any data which the County department has title to, or which is requested to be
reported by a PSOW, will be reported to the County department according to the
following standards for media, contents, and format (see sections 3.17 – Public
Records, 3.18 – Rights in Data and 3.19 – Access to and Retention of Records for
the Purpose of Audit and/or Other Review below for additional requirements):
2.7.3.1. Unless required otherwise by a PSOW, the contractor shall provide data
in electronic media as specified by the County department and in a format
(PDF, HTML, ASCII, CADD, etc.) specified by the County department.
2.7.4.
If required by a PSOW, the contractor shall provide data in the form of a written
report.
2.7.5.
If required by a PSOW, the contractor shall provide raw laboratory data in
electronic format as requested by the County department.
2.8.
Community Relations Support
2.8.1.
The contractor may be required to furnish the personnel, services, materials, and
equipment required to assist the County department in conducting a community
relations program. The contractor understands that the purpose of a community
relations program is to encourage two-way communications between communities
affected by a project and the County. Community relations must be integrated
closely with all response activities. The objectives of this effort are to achieve
community understanding of the actions taken by the County department, to obtain
community input, and to seek the concurrence of the community for the selected
activity.
2.8.2.
Community relations support may include, but is not limited to, the following:
•
preparation of a community relations plan
•
solicitation of, and, upon County department concurrence, selection of
community relations subcontractors, if needed
•
analysis of community attitudes toward proposed actions
•
definition of community relations program needs for each remedial activity
•
documentation of all contacts with the public when directed by the County
department project manager or coordinator, as applicable
•
development of community mailing lists
•
subject to County department approval, the preparation, duplication and
distribution of news releases, fact sheets, PowerPoint presentations,
exhibits, and other audiovisual materials designed to apprise the
community of current and proposed actions
•
establishment of community information centers
•
arrangement of briefings, press conferences, workshops, and public
hearings
•
preparation of reports and participation in project review meetings
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2.9.
Cultural Resource Studies
2.9.1.
Cultural Resource Management consultants must obtain an Arizona Antiquity Act
Permit from the Arizona State Museum (ASM) per ARS § 41-841 et seq., and the
rules and regulations of the Arizona State Museum as amended. Individuals,
corporations, and agencies must consult with ASM regarding discoveries of human
remains or associated funerary objects, and must comply with the Discovery
Clause, A.R.S. § 41-844 A.
2.9.2.
Cultural Resource Management services may be provided by in-house staff
personnel or a subcontractor. OSHA training may be a requirement for
archaeological services, as indicated in the contractor’s Health and Safety Plan or
as specified in the County department’s PSOW.
2.10.
Technical Oversight
If required by the County department, the contractor may provide services in support of the
investigation, planning, compliance, and cleanup activities of the County department sites.
These services, if required, shall include field and office oversight of investigations and
cleanups. These services may involve County department case file reviews. The contractor
shall perform oversight investigations and suggest corrective actions with respect to
environmental issues covered in a PSOW and pursuant to the existing provisions of the
Arizona Revised Statutes, County department policies and guidelines, and all applicable
Federal, state, and local laws, ordinances, and regulations. The contractor shall conform
to OSHA regulations for the health and safety of employees, as applicable.
2.11.
OSHA/EPA Safety Training
All technical staff performing field duties (including subcontractor field personnel) in areas
of potential contamination must receive appropriate training as specified by the OSHA
and/or EPA and shall current in their certification and be able to provide a copy of their card
certifying training completion. This training addresses knowledge and skill necessary to
perform hazardous waste cleanup operations with minimal risk to personnel health and
safety (see https://www.osha.gov/training). OSHA specifications for this training are
covered in 29 CFR Part 1910.
2.12.
Equipment
2.12.1. Should the County and/or any County department require the contractor to procure
additional specialized equipment for performance of the proposed work in a
PSOW, the cost associated with procurement of the equipment and the anticipated
charges to the County department shall be itemized in the PO.
2.12.1.1. All equipment with capitalized costs of $500.00 or more purchased
entirely with County funds becomes the property of the County as a fixed
asset with all rights to ownership and shall be accounted for upon
completion of the project work by the County department with whom the
contractor was working. The County reserves the right to purchase the
said equipment separately and allow the contractor use of County
equipment to accomplish performance of the work.
2.12.2. Essential equipment, as identified by the contractor in their project proposal, may
be added to a contractor’s equipment list at any time, on a case-by-case basis.
Additions shall have prior written approval by the Office of Procurement Services,
with concurrence of any applicable County department.
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2.13.
Time and Material Subcontracts
2.13.1. To the maximum extent possible, costs for additional work for a contractor’s
subcontractor shall be firm-fixed price.
2.13.1.1. Time and materials sub-contracts shall only be used in those unique
circumstances where the nature and extent of services required cannot
be established in advance, and the use of firm-fixed price POs and
contracts would clearly result in greater risks and costs and provide no
contractual advantage to the County department and Maricopa County.
In order to maintain control of the use of a time and materials
subcontract, the following mandated guidelines shall be utilized by both
contractors and County departments (see Exhibit 4 – Project Offer
Requirements).
2.13.1.1.1. All time and materials subcontracts shall require the prior
written approval of the County.
2.13.1.1.2. Fixed fees for subcontractor work shall be established
between the County and the contractor.
2.13.1.1.3. Hourly rates for services shall be firm-fixed price.
2.13.1.1.4. All capitalized equipment shall be firm-fixed price.
2.13.1.1.5. The County must ensure that the County department is
receiving the most favorable price for the unanticipated
services. Therefore, contractors shall provide written
evidence of most favorable price. This shall be
accomplished using competitive written bids, proposals, or
any other means to provide such evidence, as approved by
the using County department.
2.13.1.1.6. Not-to-exceed (NTE) cost, including the subcontractor fixed
fee, shall be established by the County department and the
contractor. NTE cost shall not be exceeded without the prior
written approval from the using County department.
2.13.1.1.7. The County department, in conjunction with the contractor,
shall provide a written statement establishing justification as
to why no other contract type, other than time and materials,
is practicable for the PSOW.
2.13.1.1.8. A specific individual shall be identified by the contractor as
a key contact with responsibility to monitor performance of
the work. This individual shall be available for providing
written and oral subcontract status to any inquiring County
department, during the project work hours defined in the
project scope, Monday through Friday.
2.13.1.1.9. Invoices from the contractor shall include copies of all
subcontractor invoices and be specifically itemized for easy
identification and verification.
2.14.
Bond Requirement
2.14.1. Depending on the individual project, the contractor may be required to furnish the
contracting County department the following bonds, which shall become binding
upon the award of the project to the contractor:
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2.14.1.1. A performance bond equal to the full project amount (or as specified)
conditioned upon the faithful performance of the contract in accordance
with plans, specifications, and conditions thereof. Such bond shall be
solely for the protection of the contracting County department awarding
the contract.
2.14.1.2. A payment bond equal to the full project amount solely for the protection
of claimants supplying labor and materials to the contractor or his
subcontractors in the execution of the work provided for in such contract.
2.14.2. Each bond shall include a provision allowing the prevailing party in a suit on such
bond to recover, as a part of his judgment, such reasonable attorney’s fees as may
be fixed by a judge of the court.
2.14.3. Each bond shall be executed by a surety company or companies holding a
certificate of authority to transact surety business in the State of Arizona and
issued by the Director of the Department of Insurance. The bonds shall not be
executed by an individual surety or sureties. The bonds shall be made payable
and acceptable to the contracting County department. The bonds shall be written
or countersigned by an authorized representative of the surety who is either a
resident of the State of Arizona or whose principal office is maintained in this state,
as by law required, and the bonds shall have attached thereto a certified copy of
the Power of Attorney of the signing official. In addition, said company or
companies shall be rated “Best-A” or better as required by the contracting County
department, as currently listed in the most recent Best Key Rating Guide,
published by the AM Best Company.
2.15.
Mandatory Contractor Requirements
2.15.1. Minimum of three years in business (proof shall be submitted with proposal).
2.15.2. Office within Arizona (proof shall be submitted with proposal).
2.15.3. Licensing appropriate for the services being proposed (this applies to both firms
and personnel. Proof shall be included with proposal by services proposed).
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EXHIBIT B
Scopes of Work
GENERAL PRICING REQUIREMENTS
Staff Pricing for E3-1 through E3-6, and for E3-11 and E3-13 shall be as follows:
The contractor shall provide, in Attachment D – Pricing Sheet for these AOS, their staff-pricing categories
and the technical disciplines and qualifications that fall under the descriptions of each professional level.
Pricing shall incorporate emergency response and/or after hour rates. For example, provide pricing for
Senior Professionals – Engineer, Geologist, 10 years of experience, and certification(s), or for Junior
Professional, Field Survey Technician – education, experience, certification(s).
Equipment Pricing for E3-1 through E3-6, and for E3-11 and E3-13 shall be as follows:
Specific equipment may be required for individual projects. In Attachment D - Pricing Sheet for these AOS,
provide a list of contractor-owned equipment and pricing to use the equipment for projects. Pricing shall
incorporate emergency response and/or after hour rates.
E3-11. ENVIRONMENTAL ASSESSMENTS/ENVIRONMENTAL IMPACT STATEMENTS
The contractor shall have the ability to conduct biological and cultural assessments and surveys in
support of County projects. These may include environmental assessments (EA) and
environmental impact statements (EIS), as required under the National Environmental Policy Act
(NEPA):
•
biological and/or cultural assessment research design
•
assessment survey (field surveys)
•
wetland delineation
•
hydrological assessments and vegetation studies
•
biological characterization, interpretation and reporting
•
computer modeling
•
preparation of EA/EIS documentation
•
project area biological and/or monitoring
•
implementation of project and mitigation measures
•
attend public meetings
•
interagency coordination.
E3-11.1 Work Plans
Contractor shall be able to prepare detailed work plans, testing plans, and/or design field
studies, as required. All plans shall comply with applicable Federal and requirements in
effect at the time services are performed or which are reasonably foreseeable.
E3-11.2 Investigative Measures
Contractor shall be able to conduct data gathering and field monitoring activities. These
may include, but are not limited to, biological surveys, characterizations, and monitoring;
wetland delineations; various levels of cultural surveys; historical archival research;
Historic American Buildings Survey (HABS); and archeological testing.
If required by the County department, the contractor may provide services in support of the
investigation, planning, compliance, and cleanup activities of County department sites.
These services, if required, shall include field and office oversight during investigations,
demolitions, excavations, and cleanups. These services may involve County department
case file reviews. The contractor shall perform these oversight investigations and suggest
corrective actions with respect to environmental and cultural issues covered in the PSOW
and pursuant to the existing provisions of the Arizona Revised Statutes, department
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policies and guidelines, and all applicable Federal, state, and local laws, ordinances, and
regulations. The contractor shall conform to OSHA regulations for health and safety of
employees, as applicable.
E3-11.3 Cultural Resource Studies
The County departments who are planning to undertake or fund activities involving sites,
buildings, structures, or objects that are 50 years old or older may be required bring in a
cultural resource management consultant to consult with the Arizona State Historic
Preservation Officer (SHPO) in accordance with A.R.S. § 41-861 to 41-864 et seq., as
amended, and may be required to comply with the rules, regulations, and policy guidelines
and standards established by SHPO. If the project has Federal involvement, the cultural
resource management consultant must have the ability to meet Secretary of the Interior’s
Standards, obtain an ARPA Permit, meet the standards of 36 CFR 800 and 36 CFR 106
and 36 CFR 110 of the National Historic Preservation Act of 1966 as amended, meet the
provisions of the NAGPRA, and have the ability to implement the concepts outlined in
National Park Service Bulletin 38 for Traditional Cultural Properties.
These services may be provided by a contractor’s in-house staff personnel or a
subcontractor. OSHA training may be a requirement for archaeological services, as
indicated in the contractor’s health and safety plan or as specified in the County
department’s PSOW.
E3-11.4 Data Assessment and Presentation
Contractor shall be able to prepare, assess, and present data using, but not limited to, the
following: geographic information systems (GIS); CADD (release as required by the County
department); and, analytical and/or numeric models to support the preparation of EA/EIS.
E3-11.5 Report
Contractor shall be able to document findings in a complete and concisely organized
EA/EIS or project report within the times specified in a PSOW. The report shall include
recommendations regarding further actions at the site. The contractor shall furnish the
County department an electronic copy of the report, as well as the requested number of
written reports.
E3-11.6 Agency Coordination
Contractor shall be able to provide the personnel services, materials, and equipment to
assist the County department in coordinating with appropriate Federal, state and local
agencies, responsible parties and their agents, public interest groups, the media, and
public notifications and meetings.
SERIAL 200217-ITN
EXHIBIT C
OFFICE OF PROCUREMENT SERVICES CONTRACTOR TRAVEL AND PER DIEM
POLICY
1.0
All contract-related travel plans and arrangements shall be prior-approved by the County contract
administrator.
2.0
Lodging, per diem, and incidental expenses incurred in performance of Maricopa County/Special
District (County) contracts shall be reimbursed based on current U.S. General Services
Administration (GSA) domestic per diem rates for Phoenix, Arizona. Contractors must access the
following internet site to determine rates (no exceptions): www.gsa.gov.
2.1
Additional incidental expenses (i.e., telephone, fax, internet, and copying charges) shall
not be reimbursed. They should be included in the contractor’s hourly rate as an overhead
charge.
2.2
The County will not (under any circumstances) reimburse for contractor guest lodging, per
diem, or incidentals.
3.0
Commercial air travel shall be reimbursed as follows:
3.1
Coach airfare will be reimbursed by the County. Business class airfare may be allowed
only when preapproved in writing by the County contract administrator as a result of the
business needs of the County when there is no lower fare available.
3.2
The lowest direct flight airfare rate from the contractor’s assigned duty post (pre-defined at
the time of contract signing) will be reimbursed. Under no circumstances will the County
reimburse for airfares related to transportation to or from an alternate site.
3.3
The County will not (under any circumstances) reimburse for contractor guest commercial
air travel.
4.0
Rental vehicles may only be used if such use would result in an overall reduction in the total cost
of the trip, not for the personal convenience of the traveler. Multiple vehicles for the same set of
travelers for the same travel period will not be permitted without prior written approval by the County
contract administrator.
4.1
Purchase of comprehensive and collision liability insurance shall be at the expense of the
contractor. The County will not reimburse a contractor if the contractor chooses to purchase
this coverage.
4.2
Rental vehicles are restricted to sub-compact, compact, or mid-size sedans unless a larger
vehicle is necessary for cost efficiency due to the number of travelers. (NOTE: Contractors
shall obtain pre-approval in writing from the County contract administrator prior to rental of
a larger vehicle.)
4.3
County will reimburse for parking expenses if free, public parking is not available within a
reasonable distance of the place of County business. All opportunities must be exhausted
prior to securing parking that incurs costs for the County. Opportunities to be reviewed are
the DASH, shuttles, etc. that can transport the contractor to and from County buildings with
minimal costs.
4.4
County will reimburse for the lowest rate, long-term, uncovered (covered or enclosed
parking will not be reimbursed) airport parking only if it is less expensive than shuttle
service to and from the airport.
4.5
The County will not (under any circumstances) reimburse the contractor for guest vehicle
rental(s) or other any transportation costs.
SERIAL 200217-ITN
5.0
Contractor is responsible for all costs not directly related to the travel except those that have been
pre-approved by the County contract administrator. These costs include, but are not limited to, the
following: in-room movies, valet service, valet parking, laundry service, costs associated with
storing luggage at a hotel, fuel costs associated with non-County activities, tips that exceed the per
diem allowance, health club fees, and entertainment costs. Claims for unauthorized travel
expenses will not be honored and are not reimbursable.
6.0
Travel and per diem expenses shall be capped at 15 percent of project price unless otherwise
specified and approved by the County in individual contracts.
7.0
Contractor shall provide, (upon request) with their invoice(s), copies of receipts supporting travel
and per diem expenses, and, if applicable, with a copy of the written consent issued by the County
contract administrator. No travel and per diem expenses shall be paid by County without copies of
the written consent as described in this policy and copies of all receipts.
SERIAL 200217-ITN
EXHIBIT D
PROJECT OFFER REQUIREMENTS
1. Project Offer (PO) Format
1.1.
When responding to an AOS PSOW, listed and interested contractors shall submit a PO, which
shall include:
1.1.1.
Proposed method of approach with any suggested changes to an initial PSOW and
recommendations for any approved innovative technologies, when applicable. The
contractor shall not be paid for the development of a PO.
1.1.2.
A copy of Attachment C – Maricopa County Environmental Services Contractor
Qualifications Application that was submitted with the bid packet for this solicitation.
1.1.3.
Information about key personnel not included with the initial submission should be
added using the format for key personnel information in Attachment C.
1.1.4.
When requested by the County departments, key personnel may be asked to provide
a brief resume to support minimum requirements/educational background required for
that specific professional position and level to supplement information presented at
time of bid for this contract.
1.1.4.1
Once identified in the PO, key personnel shall not be removed or replaced
without notification and approval of the County department’s project
manager or project coordinator. If the contractor replaces key personnel, it
shall not affect contractor’s commitment to meet all schedules and
deliverables.
1.1.4.2
Contractor shall provide a list detailing the number of hours each key person,
subcontractor(s), consultant(s), etc. will be working exclusively on a project.
1.1.5.
A list of all approved subcontractors to be used.
1.1.5.1
Once identified in the PO, subcontractors shall not be removed or replaced
without notification and approval of the County department’s project
manager or project coordinator. If the contractor replaces a subcontractor, it
shall not affect the contractor’s commitment to meet all schedules and
deliverables.
1.1.5.2
Contractor
shall
submit
adequate
documentation
supporting
the
performance ability of proposed subcontractors.
1.1.5.3
Contractor shall supply a detailed, itemized breakdown of all labor
classifications, equipment, and supplies for ALL subcontractors which the
contractor proposes to utilize, as well as the FIRM, FIXED COSTS for such.
The contractor’s markup fee will be A MAXIMUM OF 5% AND MUST BE
PRE-APPROVED BY THE COUNTY. NO MARKUP FEE will be allowed for
any classification of subcontractor work totaling $500 or less, either on the
PO or any PA. The following is an example only:
DRILLER
Total amount of work:
$5,000.00
Subcontractor mark-up
per contract:
250.00
Total firm fixed cost to
bill to using agency:
$5,250.00
TRANSPORTER
Total amount of work: $19,000.00
SERIAL 200217-ITN
Subcontractor mark-up
per contract:
950.00
Total firm fixed cost to
bill to using agency:
$19,950.00
1.1.6.
A list of all approved capitalized equipment the contractor proposes to utilize for a
project, including number of hours and the amount to be utilized (i.e., miles, hours,
days, weeks, etc.).
1.1.7.
A written PO may, as needed, describe the contractor’s health and safety plan for a
project. Such safety plan should include, at a minimum, the description of the
conditions, which, if present, will cause the contractor to initiate cessation of services
for safety reasons. However, the contractor and the County department shall
understand and agree that, in addition to the conditions specified in a written PO,
reasonable professional judgment must, at all times, be exercised as criteria for
cessation of services for safety reasons.
1.1.8.
A complete schedule of activities to meet compliance with County department’s
schedule for completion.
1.1.9.
Local conditions, assumptions, and/or limitations on the part of the contractor which
may affect the accuracy of a PSOW.
1.1.10. Anything else that applies to the specific site/project (i.e., laboratory tests, location of
disposal site, etc.).
1.1.11. Potential conflicts of interests.
1.1.12. The contractor must submit a written PO to the County department no later than the
date specified by the County department and in accordance with all instructions
provided by the County department.
1.1.13. The County department project manager or project coordinator shall have the right to
review a copy of proposed subcontractors’ and/or consultants’ work schedule to ensure
compliance with all terms and conditions of the original contract.
1.1.14. Upon acceptance by the County department, a PO becomes a firm, fixed offer and the
bottom-line dollar amount for all labor, equipment, supplies, subcontractor work, mark-
up, etc., shall become a not-to-exceed (NTE) ceiling amount. No component of a PO
(labor classification, number of hours, equipment, etc.) or the NTE ceiling can be
increased except through the PA process, as described in section 1.5 – Project
Amendment.
1.2.
Conflict of Interest for Projects
1.2.1.
Upon submission of a PO, the contractor shall submit a written disclosure regarding
the existence of any real or potential conflict of interest, as defined in A.R.S. § 38-501,
et seq., that the contractor, individual employee, or known subcontractor(s) may have.
A conflicting party is defined as any person who may be responsible under any state
or federal law for pollutants which are present in, or threaten, a project area defined
within a PSOW. In addition, the following shall be considered a conflict of interest:
1.2.1.1
The existence of a current financial relationship with a conflicting party within
the past five years. A current financial relationship includes:
1.2.1.1.1
Owing money to or being owed money by a conflicting party.
1.2.1.1.2
Having performed work for a conflicting party and having issued
a warranty or guarantee for the work that is still in progress.
SERIAL 200217-ITN
1.2.1.1.3
Allowing a contractor employee to work on the project area if that
contractor employee was an employee of a conflicting party or
was an employee of a contractor to a conflicting party within the
previous two years.
1.2.1.1.4
Acceptance by the contractor of any gifts or gratuities from a
conflicting party.
1.2.1.2
The existence of a past financial relationship in which the contractor
provided opinions or conclusions to a conflicting party.
1.2.1.3
The existence of a potential conflict of interest between a contractor and a
conflicting party that is not defined above, but which creates an appearance
of impropriety. An appearance of impropriety shall be defined as a situation
where the activity of a contractor may create the impression that a conflict
of interest and/or a similar improper relationship exists between a particular
conflicting party and the contractor. An appearance of impropriety may exist
even if a real conflict of interest (as defined above) does not exist. The
County department will make a determination in the best interests of the
County on a case-by-case basis.
1.2.2.
It shall be the duty of the contractor to report, in writing, to the County department any
of the real or potential conflict of interest situations, as noted above, within five
business days of when the contractor knew or should have known of their existence.
1.2.3.
The contractor must provide and maintain adequate procedures and controls to ensure
that if a real or potential conflict of interest arises or is discovered between the
contractor and a conflicting party, that the County department is notified within five
business days of when the contractor knew or should have known of their existence.
1.2.4.
County departments reserve the right to waive conflicts of interest as they deem in the
County’s best interest, with prior notification to and advice from County departments’
legal counsel.
1.2.4.1 Proposed subcontractors may be subject to the same conflict of interest provisions as
stated above. Contractors shall notify the County department of all potential conflicts in
a PO and the County department reserves the right to exercise best judgment in waiving
the conflicts of interest applicability to subcontractors, as it deems in the County’s best
interest. Conflict of interest provisions must be included in all applicable contracts with
subcontractors and consultants.
1.2.5.
The contractor shall submit with a PO a disclosure statement concerning potential
conflicts of interest for all employees of the contractor potentially assigned as key
personnel on a PSOW.
1.2.5.1
The disclosure statement shall address all conflicting-party relationships.
The contractor is to provide, along with its disclosure statement, information
on its financial and business relationship with all conflicting parties and with
the contractor's parent companies, subsidiaries, affiliates, subcontractors,
consultants, or current clients. (This disclosure requirement encompasses
past financial and business relationships, including services related to any
proposed or pending litigation, with such parties).
1.2.6.
The contractor shall not provide data generated or otherwise obtained in the
performance of contractor responsibilities under a contract to any party other than the
County, or its authorized agents, for the life of the contract, and for a period of five
years after completion of the contract, except as directed by the County department.
1.2.7.
The contractor shall not accept employment from any party other than state or Federal
agencies for work directly related to the project area(s) under the contract for five years
SERIAL 200217-ITN
after the contract has terminated. The County department may exempt contractor from
this requirement through a written release.
1.3.
Innovative Technical Approaches
1.3.1.
Included in a PO submitted in response to a County department’s PSOW, the
contractor is encouraged to offer any innovative technical approaches and/or cost-
efficient alternatives that could achieve the objectives of the PSOW. The PO shall
describe the relative merits of the innovative approach and provide clear and
convincing evidence that the alternative meets or exceeds all relevant specifications
required by the original PSOW.
1.4.
Differing Site Conditions
1.4.1.
The contractor shall notify a County department’s project manager or project
coordinator, in writing (email or facsimile notification is an acceptable written format),
of differing site conditions from a PSOW or any other changes not anticipated in the
project which may cause a change in cost or completion time, or which may result in
significant changes in contractor’s methodology. If changes result in an increase or
decrease in the established firm, fixed prices, such increase or decrease shall be
detailed to such an extent as to allow the County department sufficient information to
evaluate the costs involved. Such written notification, to include revised prices, shall
be made as soon as possible but no later than five business days from discovery.
County reserves the right to deny changes to the firm fixed price for increases in costs
that are not reported within five business days from discovery.
1.4.2.
The County department’s project manager or project coordinator, as applicable, may
authorize field changes in project(s), as long as such changes do not exceed 10
percent of the original project award amount. Once the field change has been
authorized, the contractor shall forward all applicable documentation within five
business days of the change to the County department’s project manager or project
coordinator. Such field modification shall be followed by a written PA before the next
invoice period begins.
1.5.
Project Amendment (PA)
1.5.1.
The County department retains the right to make changes to a project contract, in
writing, at any time. If such changes result in a change in cost (change in cost will occur
if the changes exceed 10 percent of the original project award amount) or completion
time, or makes significant changes in methodology, a PA shall be issued by the County
department.
1.5.1.1
If changes result in an increase or decrease in the established firm, fixed
prices, the contractor shall submit to the County department’s project
manager or project coordinator, costs associated with the change, detailed
to such an extent as to allow the County department sufficient information to
evaluate the costs involved.
1.5.1.2
Upon receipt of requested change(s), the County department will make a
determination of acceptance or rejection of the requested change(s) to the
project contract. The County department shall notify the contractor, in
writing, of rejection; or if accepted, a formal PA will be issued.
1.5.1.3
Contractors shall not be authorized to proceed with any change(s) under
consideration until written approval from the project manager or coordinator,
as applicable, is received from the County department.
SERIAL 200217-ITN
1.6.
Out-of-State Personnel
1.6.1.
Written approval from the County department shall be obtained by the contractor prior
to importing the services of out-of-state personnel in conjunction with a PSOW for any
billable expense other than the hourly rate.